HomeMy WebLinkAboutCS 36-04)ate: Sep[emi3er I0, 2009
Bruce Taytor, AMCT, CMM
City Clerk
Sui3ject: Updated Cat and Dog 8y-law
Recommendation:
That Corporate Services Report CS 26-04 regarding a by-law update to regulate
the keeping of cats and dogs as recommended by the PAW Joint Animal
Services Committee be received; and
That the draft by-law attached to Report CS 26-04 to regulate the keeping of cats
and dogs be enacted; and
That the set fines for offences under the Cat and Dog By-law attached to Report
CS 21-04 be approved.
Executive Summary:
As a housekeeping measure, a comprehensive review of the Cat and Dog By-law,
which is basically the same in Pickering, Ajax and Whitby, was undertaken to ensure
that the by-law provisions are current and relevant. The last comprehensive review of
the By-law was conducted in 2000.
Financial Implications: Not applicable
Background:
Please be advised that the PAW Joint Animal Services Committee passed the following
motion at its meeting of May 18, 2004:
That the Pickering-Ajax-Whitby Joint Animal Services
Committee (PAW) recommend that the Councils of Ajax,
Picketing and Whitby update their "Cat and Dog By-~aw" in
keeping with the recommendations contained in Treasurer's
Report, item 5-04; and,
Cat anc ~c~ = '~
:; .=ge 72
~ nat ~he Councits of the ,!hree municipalities adopt the :set
fines for offences under their ~'Cat and Dog By4aw" as
recommended in the Report and make ~application tc the
Ontario Court (Provincial Division) for approval of the set
fines.
Attached is a copy of PAW Treasurer's Report, Item 5-04, which the PAW Joint Animal
Services Committee considered in conjunction with the above motion.
The current Cat and Dog By-law was passed in 2000 and the main changes to this'
proposed by-law are as follows:
The proPosed by-law would be enacted under the new Municipal Act.
Rabies vaccinations are now good for three years as opposed to one year and
this is reflected in the licensing provisions.
References to licensing kennels has been removed and it is recommended that
these be dealt with separately as has been the case with Pickering.
A provision has been added to require an owner of an impounded animal to
compensate PAW for the cost of veterinary care given to an animal while under
the care of PAW.
A dog shall be deemed to be howling or barking excessively if it does so
repeatedly for a period of twenty minutes or longer.
Commencing January 1, 2005, the annual licence fee for a spayed or neutered
cat/dog shall increase from $15.00 to $20.00 and the fee for an unaltered cat/dog
shall increase from $25.00 to $40.00.
The proposed by-law makes it an offence for the owner of a dog to allow the
animal to interfere with or bite a person or domestic animal and allows the Animal
Services Supervisor to impose a Muzzling Order where a dog has interfered with
or bitten a person or domestic animal. The current by-law does not make any
reference to a dog interfering with a person or domestic animal.
i have attached to this Report a comparison of the Set Fines that are now imposed by
the current Cat and Dog By-law and the proposed By-law. The only major change to
the schedule of Set Fines are that fines, in addition to being subject to a Muzzling
Order, will be imposed on the owner of a dog that has interfered with or bitten a person
or domestic animai. The Set Fines proposed for these violations are:
Allow a dog to interfere with a domestic animal
Allow a dog to bite a domestic animal
Allow a dog to interfere with a person
Allow a dog to bite a person
$80.00
$150.00
$175.00
$200.00
The ?AYV T;easurer recommends in his Report that the City of Picketing and Town of
Ajax implement a lifetime registration for cats and dogs. The Town bf Whitby introduCed
a lifetime registration for cats and dogs in 2001 and although revenue was very high in
the first year of the program, it fell off in subsequent years because there are far fewer
:,;~e ;.~uyin9 tsCs. ~qe 'i:cilowir~9 ;s a comparison :,;:f ~-evenue achieved ~:nrou!~h the
*ate of animal licences between the Town of Whitby and the City of Picketing over the
9~st ~hr..~ years:
YEAR PICKERING WHITBY
200i $67,903 $84,374
2002 $71,544 $45,285
2003 $73,725 $25,637
I would point out that the Council of the Town of Ajax has passed the new Cat and Dog
By-law and have continued to provide annual licences as opposed introducing the
lifetime licence program. I would-strongly recommend that Picketing also continue to
provide annual licences.
Attachments:
PAW Treasurer's Report 5-04
Draft Cat and Dog By-law
Proposed Schedule of Set Fines
Prepared By:
Bruce Taylor
City Clerk
Approved / Endorsed By:
Gillis A. Paterson
Director, Corporate Services & Treasurer
Attachments
Recommended for the consideration of
Pickering City Council
Thomas J. Quinn, Chief Administrative Officer
upa=t= ~u Reauiate the Keeoina 07' Ca~ and Doe=
That the ?Jckering-Ajax-Whitby Joint Animai Services Committee
(PAW) recommend the Councits of Ajax, Picketing, and Whitby update
their "cat and dog by-law" in keeping with the recommendations
contained Jn Treasurer's Report, Ztem $-04; and,
That the Councils of the three municipalities adopt the set fines for
offences under their "cat and dog by-law" as recommended in the
report and make application to the Ontario Court (Provincial Division)
for approval of the set fines.
,,Oriqin:
As a housekeeping measure, a comprehensive review of the municipalities'
"cat and dog by-law" has been undertaken to ensure the by-law provisions
are current and relevant. The last comprehensive review of the by-taw was
conducted four years ago,
Analysis:
Housekeepinq Revisions
A number of housekeeping revisions are proposed to make the by-law
current. They include,
making reference to the new Municipal Act which came into force and
effect on 3anuary im, 2003.
changing the names ofthe"animal control and pound supervisor" and
the "animal control officer" to "animal services supervisor" and
'animal services, officer" to reflect recent initiatives undertaken by
PAW to promote the "services" aspect of the operation.
updating the rabies provisions of the by-law to refie~ today's science
and technology. At one time, rabies vaccinations had to be
administered yearly but today's vaccinations last for an extended
periOd of time,
removing the requirement to licence kennels. Business licensing is a
separate and distinct function from animal services and it is
recommended that it be dealt with separately by each of the three
municipalities.
char~ed for imuoundin~ an animal. ,",~=~ei~, the owner of an
impounded pet mu~ pay an impoundment fee of $20.00 for the first
impounding in a given year~ s30.00 for the second impound ng ;P the
same calendar year and $50.00 for each subsequent impoundina. ;n
addison a maintenance fee of $5.00 for each day ~he anim~i is
impounded is charged. To simpli~ things it ~s recommended that an
impoundment fee of ~ '
~z=.O0 be charaed for ==~ and =',e~.~ day or
defining what"howiin~ o? barking excessively'; means. For some time
it has been an offence for an owner of a dog to allow fhe doo to how
or bark excessively. Tt
fu~her define ju~ what "excessively" means. F~r the purpose of the
by-Jaw, ~t is proposed that a dog be deemed to be howiing or barking
, ~ uo== so repeated y for a period of ~en~ minutes or
longer.
adding a severabiiity clause to the by-law for administrative and
enforcement purposes.
Pet Reqistration
It is recommended that the cat and dog registration fees be increased to
more closely reflect pet registration fees imposed in other municipalities in
the greater Toronto area. The fee structure is based on the guiding
principle of responsible and incenUve based pet ownership. The following
summarizes the changes proposed to take effect on January 1, 2005:
,TyPe of Pet Current
Reaistration Fea
Proposed
,Reqistrafion Fee
Spayed or Neutered $35.00 $35.00
cat/dog (lifetime)
Spayed or Neutered $15.00 $20.00
cat/dog (annual)
Unaltered $2.5.00 $40.00
cat/dog (annual)
Note: A $5.00 credit is applied to the registration fee if the pet has been
implanted with microchip identification.
:It is also strongly recommended that beginning next year Ajax and Pickering
introduce an optional lifetime registraUon for spayed or neutered cats and
dogs, similar to that introduced in Whitby in 2000. Pet registration provides
a valuable means of identification should a Pamilv pet become lost.
identification enables PAW to return the lost pet t~) its rightful owner.
Identification atso provides a crucial link to the pet owner where a cat or doo
has scratched or bitten an individual. ];dentification of the owner enable~
health offidais to quickly check the animal's vaccination records.
As indicated, the Town of Whitby introduced an ODtionat lifetime
rec~ stration Droaram four v~ar~ ao --~ ~ ~= - ,,¢ ~ ', --~' . . : ,
¢~t uwncr=~do ~roug~ Oe~ Jae~[l;IGtto~ ~ s~eriiiz~qon. For ~ ;m~ii
~ddi~onai reglst~don fee, the owne~ of ~ spay~ or neutered c3~ or doa c;n
register t~eir pe: with the Town for the life of the ~e~. No aadition~l
'egistration faes ~ppiy so long as the ~e~ owner lives in Whitby.
Whitby"s =v = .=~. ~
...,p~rL. ~c: with lifetime pet registration nas been very positive. A
significant y greater number of pets are now registered with the Town and
annua! revenues from pet reaistration used to defray animai ~ '¢:~ .....
have kep~ pace with population gro~Kh.
Pet registration Js an impor~ant component of PAW~ responsible pet
ownership program. Ajax and Picketing are encouraged to implement an
optional lifetime pet registration pro,ram similar to Whitbvs beginning in
2005. ~ '
Control of Oo__qg_~
It is further recommended that a provision be added to the cat and dog by-
law making it an offence for the owner of a dog to allow the animal to
interfere with or bite a person or a domestic animal.
Also, it is recommended that permission be given to the Animal Services
Supervisor, at her discretion, to order a dog leashed and/or muzzled that has
interfered with a person or domestic animal. Under the current by-law, a
dog must bite a person or another animal before it can be ordered leashed
and/or muzzled.
Set Fines
Finally, it is recommended that the set fines applying to the cat and dog by-
law be updated to provide fines for the newly added provisions to the by-law.
Also, it is recommended that the set fines for failing to remove animal
excrement and allowing a dog to bark or howl excessively be increased from
$Z05.00 to Szz5.oo.
Conclu______sions
The a~tached cat and dog by-law and schedule of set fines' incorporate the
proposed revisions contained in this report.
It is recommended that the by-law and set fines be forwarded to the Councils
of Ajax, Picketing and Whitby for approval.
Refer to Analysis
Alternatives:
Refer to Anaivsis
vu~=~=;,c,.., ,., .~.~..~.. 3e~ion iZ of the iV!uniciDai. Act ...c 3. 2001, ..~..,~ ~ as amended,, provides that a
!ower-tier munid~iib~ may ;~.~ by-laws ~-es~e~ no anJmais;
AND WHEREa. S, the ?~ ~
· ~.~unc,l of the Corporation of the Town of Whitb¥ considers it
necessaw and expedient to pass a by-law to regulate the keeping of cats and dogs in the
Town of Whitby;
NOW THEREFORE, ~e Council of the CorpOration of the Town of Whitby enacts as follows:
DEF~N~'~ONS
In this by-law,
(a) "animal services supervisor' means the animal services supervisor employed
by the Corporation of the Town of WhltbY or his or her designate;
(b)
(c)
"animal services officeff' means,
(ii a person or class of persons designated as such by a by-taw of the
Town and includes an animal control and pound attendant; and,
(ii) the animal services supervisor;
"blind person" means a person to whom an identification card has been
issued by the Attorney General or an officer of his or her Ministry, pursuant
to the provisions of the Blind Persons' Riqhts A~., R.S.O. 1990, c. B.7;
(d) "cat" means a feline of the species fells catus;
(e) "dog, means a canine of the species canis famillaris;
(0
"dog guide" means a dog trained as a guide for a blind pemon and having
the qualifications prescribed by the regulations made under the Blind
Pe~ons' Riahts Act.. R.S.O. 1990; c.B.7;
inr-ended for "esldenda~ use ~y a person or persons ~n which cu~inar,? and
sanita~, conveniences are orovided for the ~xc~usJve use of such De.on
pe~ons and having a private entrance from ou~ide or from a common
hatlwav or ~imNav inside and which is ~oca~ed in a res~dentJaiiV zoned
"fao"' means a disc or other shape of metai or plastic furnished by the Tcwn
as hereinafter provided and suitable to be securely fixed on a cat or dog for
the purpose of identification;
(j) "Town" means the Corporation of the Town of Whitby; and,
(k)
"veterinarian" means a person r~bistered to practice veterinary science under
the Veterinarians Act., R.S.O. :!.990, c. V._13, as amended.
REG~[STRAT~ON OF CATS AND DOGS
24:[) Every owner of a cat or dog over the age of 12 weeks shall register the animal with
the Town and shall maintain the registration in good status.
(2)
Every owner of a cat or dog shall annually renew the registration on or before the
::[= day of April in every year unless such owner has obtained a lifetime tag for the
animal from the Town.
(3)
Before registering any cat or dog, the Town shall require the owner of the animal
to produce evidence satisfactory to the Town that the cat or dog has been
inoculated with a rabies vaccine and that the vaccination is current.
(b)
Every owner of a cat or dog shall at the time or registering the animal pay a
registration fee to the Town in accordance with the following schedule of fees:
(a) an annual registration fee in the amount of twenty dollars ($20.00) for a
spayed or neutered animal, or alternatively, a one-time registration fee in the
amount of thirty-five doilars ($35.00) valid for the life of the spayed or
neutered animal; or,
an annual registration fee in the amount of fo~, doilars ($40.00) for an
unaltered cat or dog;
The reai~ration fee set out in ~'- ' =~'~ . ,
- ~uu~=_,.I~, 2(4) of this ov-iaw snail De reduced by an
a~h=z= ~.~:.uO~ o~ an animai imoian~ed with microcni~ ~= ~ -e, ~
Uoon oavment of the re~is~-ation ~= the owner si~aJi be furnished with
st~ail i .... the ta~ secum¢,; fixed on the cat or doe at ail times.
of the owner aha
if a tag is iost or misplacea for any reason~ the · i ~" ,, '
, owner sn_h make auDiic~tion i'on
eno upon payment of a replacement fee of five dollars ($5.00), shall be entitled to
a replacement tag,
CONTROL OF CATS AND DOGS
3.Cq
For the purpose of this section, a cat or dog shall be deemed to be running at large
when found in any place other than the premise orthe owner of the cat or dog, and
not under the control of any person.
(2)
Every owner of a dog shall keep the dog leashed and under the control of a person
when the dog is off the premise of the owner, unless prior consent is given by the
person owning the land. on which the dog is found;
(3) No owner of a dog shall knowingly or not knowingly allow the dog to interfere with
or bite a person or domestic animal.
(4) No owner of a cat of dog shall knowingly or not knowingly allow the cat or dog to
run at large within the. limits of the Town.
(5) Any person shall be enUtled to take charge of any cat or dog found running at large
but shall forthwith deliver the cat or dog to an animal services officer.
(6) Nothing in this section confers on any person adght to enter any premises.
An animal services officer may seize and impound any cat or dog,
(a) delivered to him or her under the provisions of Section 3 of this by-law; or,
(b) found running at large.
5.(~) An animal services officer shall re--ore possession ora cat or dog to the owner only
wherer
the owner ciaims possession of tlse c~t or dog; ~nd.
~he owner pays 'ce the Town an imDounament fee in ~he amoun~ of fi~aen
dotla~s (S25.00) fox each ¢ay o~ pa~ t~ereof tha~ me cat ox dog is
~:mpoun~ed; and,
::he cat or dog is regJ~ered undex Se~ion 2 of this by4sw or s~own 7~3 be
exemst fi'cra ~egis;rstlon~ anc,,
Where, on the si~h day, exclusive of Sundays and s~tuto~ iaoiidays, a~er the date
of saizure and impounding, possession of the cat or dog has no~. been restored to
~he ovvne? under Se~ion S of this by-law, the animal services supenzisor may~ at his
or he? discre~Jom
(a) sell or make a gift of the cat or dog; or,
(b) euthanize the cat or dog in a humane manner;
and no damage or compensation shall be recovered or recoverable on account of
the animal's disposition or destruction.
(2)
Where a cat or dog seized and impounded is injured or should be euthanized
without delay for humane reasonsi or for reasons of safe~ to persons or animals,
the animal services supervisor may euthanize the cat or dog in a humane manner
as soon after seizure as he or she sees fit without permitting any person to claim
possession of the cat or dog and without offering it for sale and no damages or
compensation shall be recovered or recoverable on account it its destruction.
(3)
Where the animal services supervisor deems it necessary to euthanize a cat or dog
pursuantto the provisions of Subsection 6(2) of this by-law, the supervisor shall first
make every effort possible and practical in the circumstances to contact the owner
of the cat or dog and to permit the owner to transfer thi~ animal, at the owner's
expense, to the office of a veterinarian.
,MUZZLTNG AND LEASH]:NG OF DOG;
7.(i)
Where a dog has bitten or interfered with a person or domestic animal, the animal
services supervisor may, at his or her discretion, order the dog to be muzzled or
leashed or both, for a period of time to be determined by the animal se~ices
supervisor,
Should the owner of the dog disagree with the order to muzzie and/or leash, he or
she may appeal the decision to the Pickering-Ajax-Whitbv 3oint Animai Se.~zices
C~mmittee.
dog, ~ ~eing understood that in the interim baleen the date of the order to mu~ie
and/or ieash and the ~ate of the hearing of~e appeal by the PicKedng-/~ax-Whitbv
Joint Animal Se~ices Commi~ee, the owner shail comply with the order an~ the dog
shall ;-amain mu~ied and/or ~eashed.
At such time as the Pickering-Ajax-Whitby Joint Animal Se,vices Committee makes
its decision to confirm, modify or quash the order, the decision shall be considered
to be final and binding and the owner of the dog shall comply therewith.
,GENERAL REOU~[RERENTS
Every owner of a cat or dog shall immediately remove excrement left by the cat or
dog on property anywhere in the Town.
NO owner of a dog shall, .knowingly or not knowingly, allow the dog to howl or bark
excessively, For the purposes of this section a dog shall be deemed to be howling
or barking excessively if it does so repeatedly for a period of twenty (20) minutes
or longer.
!0.
No person, being an owner, tenant or occupant of a dwelling unit, shall, knowingly
or not knowingly, keep, own or harbour, or permit to be kept, owned, or harbourad,
more than two (2) dogs in or about the dwelling unit.
EXCEP'T'~ONS
11. Section 2 of this by-law shall not apply to owners of police work dogs and dog
guides.
PENALTIES
..-..,.:;,Any pe!~on who contravenes any of the provisions of this by-Caw is guiib/of an
offence and u~on convi~on thereof is iiabie to a fine of not more than
$~,u~0.00
~xc;usive of co~, which shall be recoverabie unaer She orovisons a¢ ~h~
~, ~=_ ~ aha ail the provisions of the said A~ shatt aoeiv ~e any urosecu:uon
am/. ,.,~ff-, =n ~=~- under the provisions of tni=' '- ~V-i~w..
~rcv~s~ons cf shes ov4aw, ~av ous of cou~ w~thin five ~E) aays ~rcm the cats cf ~ssue
~ne v~o~adon tic~(es, exc:usive of Saturoays~ Sunoays ano ~atu~oq~ hoiida¥'s, the sum
~nd~ca~ed on the '4oiation t~cket.
Zn the event any provisions of this by-taw is deemed invalid or void, in whole or )n
part, by any court of competent jurisdiction the remaining terms and provisions shall
remain in full force and effect.
SHORT TI"TLE
14. This by-law may be cited as the Cat and Dog By-law.
REPEAL OF EZ]:Sll:NG BY'LAWS
1.5. By-taw No. 4584-00 is repealed.
,EFFECll:VE DATF~
16.(1)The provisions of this by-law shall come into force and take effect on the day of the
final passing thereof save and except Subsection 2(4).
(2)The provisions of Subsection 2(4) of this by-law shall come into force and take effect
on the 1st day of 3anuary, 2005.
BY-LAW READ A ~RST, SECOND AND THIRD TIME AND FZNALLY PASSED .TH. ZS DAY OF
, A.D., 2004.
0
U
Seing s by-iaw to reguiate the Xeeping of ca[s
and dogs.
WHERF-.AS Section ii of ;he Municipsi Act, S.O. 2001, c. 25, as amendeC~, provi(~es
that a lower-tier municipality may pass by-laws respecting animals; and
WHEREAS the Council of the Corporation of the City of Pickering considers it
necessary and expedient to pass a by-law to regulate the keeping of cats and dogs in
the City of Picketing;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. In this by-law,
(a)
(b)
(c)
(d)
(e)
(0
(g)
(h)
(i)
DEFINITIONS
"Animal Services Supervisor" means the Animal Services Supervisor
employed by the Corporation of the Town of Whitby or his or her
designate;
"Animal Services Officer" means,
(i) a person or class of persons designated as such by a by-law of the
City and includes an Animal Control and Pound Attendant; and~
(ii) the Animal Services Supervisor;
"blind person" means a person to whom an identification card has been
issued by the Attomey General or an Officer of his or her Ministry,
pursuant to the provisions of the Blind Persons' Rights Act, R.S.O. 1990,
c. B.7;
"cat" means a feline of the species fells catus;
"City" means the Corporation of the City of Pickering;
"dog" means a canine of the species canis familiads;
"dog guide" means a dog trained as a guide for a blind person and having
the qualifications prescribed by the regulations made under the Blind
Persons' Right Act, R.S.O. 1990, c B.7;
"dwelling unit" means a room or suite of two or moro rooms designed or
intended for residential use by a person or persons in which culinary and
sanitary conveniences are provided for the exclusive use of such person
or persons and having a pdvate entrance from outside or from a common
hallway or stairway inside and which is located in a residentially zoned
part of the City;
"owner" {ncludes a person possessing or harboufing a cat or dog within
the City. and, where the owner is a minor, the person responsible for the
custody of the minor;
(4)
(5)
(6)
(7)
(8)
:racer :he ./eterinarians Act ~,.S.C. '~990, c, Y,'~,3, ss amensec,
REGiSTRATiON OF CATS AND 9OGS
Even/owner of a ca[ or dog over the age of !2 wee~s shall ;egister
animai with the C;ty and shall maintain the registration in good status.
Every owner of a cat or dog shall annually renew the registration on or
before the !~ day of April in every year.
Before registering any cat or dog, the City shall require the owner of the
animal to produce evidence satisfactory to City 'that the cat or dog has
been inoculated with a rabies vaccine and that the vaccination is current.
Every owner of a cat or dog shall at the time of registering the animal pay
a registration fee to the City in accordance with the following schedule of
fees:
(a)
an annual registration fee in the amount of twenty dollars ($20.00)
for a spayed or neutered animal; or
(b)
an annual registration fee in the amount of forty dollars ($40.00) for
an unaltered cat or dog;
The registration fee set out in Subsection 2(4) of this by-law shall be
reduced by an amount of five dollars (5.00) for an animal implanted with
microchip identification.
Upon payment of the registration fee, the owner shall be fumished with a
tag and shall keep the tag securely fixed on the cat or dog at all times.
A tag shall bear an identification number and a record shall be kept by the
City Clerk or other person designated for that purpose showing the name
and address of the owner and the identification number of the tag.
If a tag is lost or misplaced for any reason, the owner shall make
application for, and upon payment of a replacement fee of five dollars
($5.00), shall be entitled to a replacement tag.
(2)
(3)
(4)
CONTROL OF CATS AND DOGS
For the purpose of this section, a cat or dog shall be deemed to be
running at large when found in any place other than the premise of the
owner of the cat or dog, and not under the control of any person.
Every owner of a dog shall keep the dog leashed and under the control of
a person when the dog is off the premise of the owner, unless pdor
consent is given by the person owning the land on which the dog is found.
No owner of a dog shall knowingly or not knowingly allow the dog to
interfere with or bite a person or domestic snimai.
No owner of a ca[ or dog shall knowingly or not knowingly ailow the cat or
dog to run at large within the limits of the City.
An Animal Services Officer may seiZe and impound any cat or dog,
(1)
(2)
~eiivered to him or her under the provisions of Section 3 of this
iaw; or~
found running at ~arge.
(3)
An Animal Services Officer shall restore possession of a cat or dog to the
owner only where,
(a) the owner claim possession of the cat or dog; and,
(b)
the owner pays an impoundment fee in the amount of fifteen dollars
($15.00) for each day or part thereof that the .cat or dog is
impounded; and,
(c)
the cat or dog is registered under Section 2 of this by-law or shown
to be exempt from registration; and,
(d)
the owner pays the cost of any veterinary care received by the cat
or dog while impounded that the Supervisor of Animal Services
deemed necessary for the well-being of the animal.
Where, on the sixth day, exclusive of Sundays and statutory holidays,
after the date of seizure and impounding, possession of the cat or dog has
not been restored to the owner under Section 5 of this by-law, the Animal
Services Supervisor may, at his or her discretion,
(a) sell or make a gift of the cat or dog; or,
(b) euthanize the cat or dog in a humane manner;
any no damage or compensation shall be recovered or recoverable on
account of the animal's disposition or destruction.
Where a cat or dog seized and impounded is injured or should be
euthanized without delay for humane reasons, or for reasons of safety to
persons or animals, the Animal Services Supervisor may euthanize the cat
or dog in a humane manner as soon after seizure as he or she sees fit
without permitting any person to claim possession of the cat or dog and
without offering it for sale and no damages or compensation shall be
recovered or recoverable on account of its destruction.
Where the Animal Services Supervisor deems it necessary to euthanize a
cat or dog pursuant to the provisions of Subsection 6(2) of this by-law, the
Supervisor shall first make every effort possible and practical in the
circumstances to contact the owner of the cat or dog and to permit the
owner to transfer the animal, at the owner's expense, to the office of a
vetednadan.
(4)
Should the owner of the dog disagree with the order to muzzie and/or
;eash, he or she may appeal the decision to the Pickedng-Ajax-Whitby
,Joint Animal Se.~]ices Committee.
Upon receipt of notification of an appeal, the Pickedng-Ajax-Whitby Joint
Animai Services Committee shall, as soon as is practicable, conduct a
headng and shall hear evidence presented by both the Animal Services
Supervisor and the owner of the dog, it being understand that in the
interim between the date of the order to muzzle and/or leash and the date
of the hearing of the appeal by the Pickefing-Ajax-Whitby Joint Animal
Services Committee, the owner shall comply with the order and the dog
shall remain muzzled and/or leashed.
At such time as the Pickering-Ajax-Whitby Joint Animal Services
Committee makes its decision to confirm, modify or quash the order, the
decision shall be considered to be final and binding and the oWner of the
dog shall comply therewith.
10.
GENERAL REQUIREMENTS
Every owner of a cat or dog shall immediately remove excrement left by the cat
or dog on property anywhere in the City.
No owner of a dog shall, knowingly or not knowingly, allow the dog to howl or
bark excessive!y. For the purposes of this section, a dog shall be deemed to be
howling or barking excessively if it does so repeatedly for a pedod of twenty (20)
minutes or longer.
No person, being an owner, tenant or occupant of a dwelling unit, shall,
knowingly or not knowingly, keep, own or harbour, or permit to be kept, owned,
or harboured, more than two (2) dogs in or about the dwelling unit.
11.
EXCEPTIONS
Section 2 of this by-law shall not apply to owners of police work dogs and dog
guides.
12. (1)
PENALTIES
Any person who contravenes any of the provisions of this by-law is guilty
of an offence and upon conviction thereof is liable to a fine of not more
than $5,000.00, exclusive of costs, which shall be recoverable under the
provisions of the Provincial Offences Act and all the provisions of the said
Act shall apply to any prosecution for any offence under the provisions of
this by-Jaw.
Notwithstanding the provisions of Subsection 12(1) of this by-taw, any
person may, upon presentation of a violation ticket issued pursuant to this
by-law alleging the oommission of an offence through the contravention of
one or more of the provisions of this by-taw, pay out of cour[ within five
days from the date of issue the violation ticket, exclusive of Saturdays,
Sundays and statutory, holidays, the sum indicated on the violation ticket.
!4,
SHORT TITLE
This bv-iaw may ~e cited as the Cat and Dog By-iaw.
t5.
~REPEAL OF EXISTING ~Y~LAWS
8y-.aw Number 5 t 28/00 is hereby ropealed.
t6. (1)
EFFECTIVE DATES
The provisions of this by-law shall come into force and take effect on the
day of the final passing thereof save and except Subsection 2(4).
(2)
The provisions of Subsection 2(4) of this by-law shall come into force and
take effect on the 1st day of January, 2005.
BY-LAW read a first, second and third time and finally passed this 4th day of October,
2004.
David Ryan, Mayor
Bruce Taylor, Clerk
,COLUMN COLUMN 11 COLUMN i~t COLUI~N iV
Short Fo~m 'Wording Provision Proposed Set ~resent Set
Creating or Wine Fine
"!~ i oefining {~nc~ua~ng
~ i ! Offence costs)
i I i Fail to register cat/dog Section 2(1) $45.00
I 2 Fail to keep tag fixed on Section 2(4) $45.00 i $25.00
t cat/dog
3 Fail to keep dog leashed Section 3(2) $65.00 $65.00
on land other than owner
4 Allow dog to interfere with Section 3(3) $80.00 n/a
a domestic animal
/ 5 Allow dog to bite a Section 3(3) $150.00 n/a
/ domestic animal
[ 6 Allow dog to interfere with Section 3(3) $175.00 n/a
~ a person
I 7 Allow dog to bite a person Section 3(3) $200,00 n/a
i 8 Allow cat/dog to run at Section 3(4) $65.00 $65.00
~ large
9 Fail to deliver cat/dog to Section 3(5) $35.00 $35.00
" Animal Services Officer
10 Fail to keep dog muzzled Section 7(3) $155.00 $155.00
I 11 Fail to keep dog leashed Section 7(3) $155.00 $155.00
12 Fail to comply with order Section 7(4) $155.00 $155.00
; to muzzle
13 Fail to comply with order Section 7(4) $155.00 $155.00
to leash
14 Fail to remove cat/dog Section 8 $115.00 $1~:00
excrement
15 Allow dog to howl or bark Section 9 $115.00 $105.00;
~ excessively
16 Keep more than two dogs Section 10 $75.00 $75.00
in a dwelling unit