HomeMy WebLinkAboutBy-law 6373/04THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6373/04
Being a by-law to regulate the keeping of cats
and dogs.
WHEREAS Section 11 of the Municipal Act, S.O. 2001, c. 25, as amended, provides
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 Pickering;
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)
(f)
(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)
(ii)
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,
the Animal Services Supervisor;
"City" means the Corporation of the City of Pickering;
"dog" means a canine of the species canis familiaris;
"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 more 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 private entrance from outside or from a common
hallway or stairway inside and which is located in a residentially zoned
part of the City;
"owner" includes a person possessing or harbouring a cat or dog within
the City and, where the owner is a minor, the person responsible for the
custody of the minor;
"cat" means a feline of the species felis catus;
"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' Rights Act, R.S.O. 1990,
c. B.7;
(k)
"tag" means a disc or other shape of metal or plastic furnished by the City
as hereinafter provided and suitable to be securely fixed on a cat or dog or
the purpose of identification;
"veterinarian" means a person registered to practice veterinary science
under the Veterinarians Act, R.S.O. 1990, c. V. 13, as amended.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
REGISTRATION OF CATS AND DOGS
Every owner of a cat or dog over the age of 12 weeks shall register the
animal with the City and shall maintain the registration in good status.
Every owner of a cat or dog shall annually renew the registration on or
before the 1st 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 furnished 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.
(1)
(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 prior
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 animal.
No owner of a cat or dog shall knowingly or not knowingly allow the cat or
dog to run at large within the limits of the City.
o
(5)
Any person shall be entitled 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 a right 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.
(1)
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.
(1)
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.
(2)
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 offedng it for sale and no damages or compensation shall be
recovered or recoverable on account of its destruction.
(3)
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
veterinarian.
(1)
(2)
(3)
(4)
MUZZLING AND LEASHING OF DOGS
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 Services Supervisor.
Should the owner of the dog disagree with the order to muzzle and/or
leash, he or she may appeal the decision to the Pickering-Ajax-Whitby
Joint Animal Services Committee.
Upon receipt of notification of an appeal, the Pickering-Ajax-Whitby Joint
Animal Services Committee shall, as soon as is practicable, conduct a
hearing 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 Pickering-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 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.
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.
(2)
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-law.
Notwithstanding the provisions of Subsection 12(1) of this by-law, any
person may, upon presentation of a violation ticket issued pursuant to this
by-law alleging the commission of an offence through the contravention of
one or more of the provisions of this by-law, pay out of court within five (5)
days from the date of issue the violation ticket, exclusive of Saturdays,
Sundays and statutory holidays, the sum indicated on the violation ticket.
13.
14.
15.
H)
SEVERABILITY
In the event any provision of this by-law is deemed invalid or void, in whole or in
part, by any court of competent jurisdiction, the remaining terms and provisions
shall remain in full force and effect.
SHORT TITLE
This by-law may be cited as the Cat and Dog By-law.
REPEAL OF EXISTING BY-LAWS
By-law Number 5728/00 is hereby repealed.
(2)
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).
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 R~
,~5~uce Tay u, Clerk