HomeMy WebLinkAboutBy-law 617/77A
a v
Y~LAW
REPEALED BY
AMENDED BY
AMENDS
DISPOSITION
THE CORPORATION OF THE "TOWN OF PICKERING
BY-LATE NUMBER _ ? a L_
Being a By--law for the licensing, registration
and regulation of dogs, and for the determina-
tion of the compensation to be allowed for
impounding, distraining and detaining of dogs.
PURSUANT to the provisions of paragraphs 1 and 7 of subsection 1
of section 354 of The Municipal Act, R.S.O. 1970, chapter 284 and
to the provisions of subsection 1 of section 5, subsections 1 and
5 of section 7, and section 8 of The Dog Licensing and Live Stock
and Poultry Protection Act, R.S.O. 1970, chapter 133, as amended,
THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING hereby
enacts as follows:
DEFINITION
1. For the purposes of this by-law, the term
(a) "animal control officer" shall mean
(i) a person or class of person designated as such
by a by-law of the Town of Pickering;
(ii) any person, company, corporation or association
providing a dog control service by contract, to
the Corporation of the Town of Pickering; and
(iii) any employee, agent, servant and representative
of such person, company, corporation or association;
(b) "blind person" shall mean a person,
(i) who is registered as blind with The Canadian
National Institute for the Blind; or
(ii) who is in receipt of an allowance under The
Blind Persons' Allowance Act, R.S.O. 1960,
chapter 35, or an allowance as a blind person
under The Family Benefits Act, R.S.O. 1470,
chapter 157;
(c) "kennel" shall mean a building, premises or place in
which pure-bred dogs are bred, maintained and cared for,
for remuneration or otherwise, and which is registered
in the register of The Canadian Kennel Club, Incorporated;
(d) "dog" shall mean a male or female dog over the age of
twelve (12) weeks;
(e) "dog guide" shall mean a dog which serves as a guide
or leader for a blind person and which has been especially
trained for that purpose;
(f) "licence" shall mean a licence issued pursuant to this
by-law;
(g) "owner" shall include a person possessing or harbouring
a dog within the Town of Pickering;
(h) "purebred" shall mean
(i) registered or eligible for registration in the
register of The Canadian Kennel Club, Incorporated, or
(ii) or a class designated from time to time as purebred
in the regulations pursuant to The Dog Licensing and
Live Stock and Poultry Protection Act, R.S.O. 1970,
chapter 133, as amended;
2 -
W "tag" shall mean a disc or other shape of metal
or plastic furnished by the Town of Pickering as
hereinafter provided and suitable to be securely
fixed on a dog;
W "Town" shall mean the corporation of the Town of
Pickering,
(k) "veterinarian" shall mean a person registered to
practise veterinary science under The Veterinarians
Act, R.S.O. 1970, chapter 480.
LICENSING
2. (a) Every owner of a dog, on or before the last day of
February in each year, or within six (6) days (excluding
Saturdays, Sundays and statutory holidays) of becoming the
owner of a dog on or after the first day of March in any year,
shall licence and register such dog with the Towr:.
(b) Before-licensing any dog, the Town shall require the
owner thereof to produce evidence satisfactory to the Town that
the dog has been innoculated with a rabies vaccine within the
twelve (12) months immediately preceding the date of
application for the licence.
(c) Every licence issued pursuant to this section shall
expire on the 31st day of December in the year in respect to
which it was issued.
(d) The fee payable for a dog licence shall be $15.00 and
shall be payable at the time of the issuing, of the licence.
(e) Upon payment of the licence fee for a dog, the owner
shall be furnished with a dog tag and shall keep the tag securely
fixed on the dog at all times until the tag is renewed or replaced,
but the tag may be removed while the dog is being lawfully used
for hunting deer in the bush.
(f) A tag shall bear a serial number and the year in which
it was issued and a record shall be kept by the Town Administrator-
Clerk or the Town By-law Enforcement officer, or the des' 4.gnate of
either of them, showing the name and address of the owner, the
serial number of the taq, and other relevant information.
(g) If a tag is lost or misplaced for any reason whatsoever,
then in that event the owner shall make application for, and upon
payment of a fee of $2.00, shall be entitled to, the issuance of
a replacement doq licence and a replacement tag.
3. Notwithstanding the provisions of section 2, the maximum fee
payable for a dog licence or for a replacement dog licence in
respect of a dog guide- the owner of which is a blind person, shall
be $1.00.
4. (a) Notwithstanding the provisions of section 2, every
owner of a kennel of dogs that are pure-bred shall, on or before
the last day of February in each year, or within six (6) days
(excluding Saturdays, Sundays and statutory holidays) of becoming
the owner of such a kennel on or after the first day of ?larch in
any year, licence such kennel with the Town.
(b) Before licensing any such kennels and as a prerequisite
to such licensing, the Town may require the owner thereof to
produce evidence satisfactory to it that the kennel is being or
shall be operated, as the case may be, within acceptable health
standards.
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(c) Every licence issued pursuant to this section shall expire
on the 31st day of December in the year in respect of which it was
issued.
(d) The fee payable for a kennel licence shall be $25.0 and
shall be payable at the time of the issuing of the licence.
(e) So long as an owner of a kennel holds a valid kennel licence,
he shall not be required to obtain a dog licence nor be liable to
pay any dog licence fee in respect of any pure-bred dog he may own.
ANIMAL CONTROL
5. (a) For the purpose of this section, a dog shall be deemed
to be running at large when found in any place other than the
premises of the owner of the dog and not under the control of
any person.
(b) No owner of a dog shall, knowingly or not knowingly,
allow the clog to run at large within the li-ii.ts of the Town.
(c) Any person shall be entitled to take charge of any docf
found running at large but shall forthwith deliver the dog to an
animal control officer.
(d) Nothing in this section confers on any person a right
to enter any premises.
6. (a) An animal control officer may seize and impound any dog,
(1) delivered to him under the provisions of section 5
above, or
(2) found running at large by him.
(b) Where a dog is seized and impounded, the owner sha1.1 be
liable for all, pound fees and maintenance fees resulting from such
seizure and impounding, whether or not the owner later claims
possession of the dog, and all such fees shall be payable on demand
by an animal control officer.
7. (a) An animal control off icer shall restore possession of the,
dog to the owner only where,
(l) the owner claims possession of the dog_ within five (5)
days (exclusive of .S°k??%days, and statutory holidays) after
the date of seizure and impounding, and.
(2) the owner pays to the animal control officer or other
my authorized person,
(i) a pound fee in an amount computed according
to the provisions of subsection (a) of section 9; and
(ii) a maintenance fee computed according to the
provisions of subsection (b) of section 9, and
(3) the dog is licensed under section 7, and
(4) if the dog is a bitch, it is not in heat.
(b) Clause 4 of subsection (a) shall not operate to keep a dog
impounded if the owner has complied with clauses 1 and 2, the dog
is licensed under clause 3, and the dog has been impounded for 21
days or more.
8. (a) If an animal control officer is unable to seize and
impound any dog running at large contrary to the provisions hereof,
the owner of the dog shall be required to parr within seven days of
any request therefor a penalty fee as if the dog had been seized
and impounded.
(b) The penalty fee referred to in subsection (a) shall be
calculated according to the provisions of subsection (a) of section 9,
and for the purpose of applying those provisions the terms "pou>d
fee" and "penalty fee" shall be deemed synonymous.
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9. (a) The amount of the pound fee payable under subsection (b)
of section 6 and subsection (a) of section 7 and the penalty fee
payable under subsection (a) of section 8 shall be,
(i) $10.00, if no other pound fee has been paid or
payable with respect to that dog during the twelve
months immediately preceding the date of seizure and
impounding; or
(ii) $15.00, if a pound fee has been paid or payable with
respect to that dog on not more than one other occasion
during the twelve months immediately preceding the date
of seizure and impounding; or
(iii) $25.00, if s pound fee has been paid or payable with
respect to that dog on two or more occasions during the
twelve months immediately preceding the date of seizure
and impounding.
(b) The amount of the maintenance fee payable under subsection
(b) of section 6 and subsection (a) of section 7 shall be $3.00
per day for each day that the dog remains impounded subsequent
to the date of seizure and impounding.
10. (a) Where, on the sixth day (exclusive of Sundays, anu
statutory holidays) after the date of seizure and impounding,
possession of the dog has not been restored to the owner under
section 7, an animal conta,ol officer, or designate thereof:, may
M sell or make a gift of the dog, or
(ii) destroy the dog in a humane manner,
and no damage or compensation shall be recovered or recoverable
on accoun of its disposition or destruction.
(b) Where a dog seized and impounded under section 6 is
injured or should be destroyed i?ii:hout delay for humane reasons,
or for reasons of safety to persofs or animals, an animal control
officer may destr.Dy '*`s:; do,?T ir: c humane manner as soon after seizure
as he sees fit without permitting s.ny erson to claim possession
of the dog and without tferinc it for Sale and no damages or
compensation shall be zecov,nred or recoverable on account of its
destruction.
(c) Where an animal control oi:Yicer deems it necessary to
destroy a dog pursuant to the provisions of subsection (b), the
officer shall first make every effort possible and practical in the
circumstances to contact the owner of the dog and to permit the
owner to transfer the dog, at the owner's expense, to the offices
of a veterinarian.
GENERAL
11. Every owner of a dog shall have the dog innoculated with a
rabies vaccine at least once every twelve (12) months, and shall
produce evidence of such innuculation to any animal control officer
on demand.
12. No owner of a dog shall, knowingly or not knowingly, allow
the dog to interfere with any other person, animal or object, nor
to howl or bark excessively.
1"s. (a) Every person who contravenes the provisions of this by-law
is guilty of an offence.
(b) Every person convicted of an offence under this by-law
is liable to a fine of not more than $50.00, exclusive of costs,
and every such fine is recoverable under The Summary Convictions
Act, R.S.O. 1970, as amended from time to time.
(c) Notwithstanding the provisions of subsections (a) and
(b), any person mav, upon presentation of the summons issued pursuant
to this by-lair alleging only the commission of an offence through
the contravention of the provisions of subsection (b) of section. 5,
pay out of court within five days from the date of issue of the
summons (exclusive of Saturdays, Sundays and statutory ho days)
the sum of $25.00, if the summons so provides
14. (a) By-laws numbered 72/74 and 333{75 are hereby repealed.
(b) This by-law shall become effective on the first day
of , 1977.
By-law read a first, second and third time and PASSED in open
Council this day of 197'.
Mayor:
Administrator-Cle