Loading...
HomeMy WebLinkAboutBy-law 4423/94 CORPORATION OF T[IE TOWN OF PICKERING BY-LAW NUMBER 4423/94 Being a by-law to provide for the licensing, registration and regulation of dogs, for the determination of the compensation to be allowed for impounding, distraining and detaining of dogs and cats and for the establishment ora cat identification system. WHEREAS the Council of the Corporation of the Town of Picketing, pursuant to the provisions of subsections 210(1), 210(5) to 210(11), inclusive, and 210(13) of the Municipal Act, R.S.O. 1990, c. M.45, as amended, has authority to enact this by-law; and WHEREAS section 320 of the Municipal Act provides that by-laws may be passed by the councils of all municipalities for providing that any person who contravenes any by-law of the council passed under the authority of the Municipal Act is guilty of an offense; and WHEREAS section 61 of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended, provides that except where otherwise expressly provided by law, every person who is convicted of an offense is liable to a fine of not more than $5,000.00; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: DEFINITIONS 1. For the purpose of this by-law, the term, (a) "animal control and pound supervisor" means the animal control and pound supervisor employed by the Corporation of the Town of Whitby or his or her designate; (b) "animal control officer" means, (i) a person or class of persons designated as such by a by-law of the Town: (ii) any person, company, corporation or association providing a dog control service by contract to the Town and any employee, agent, servant and representative of such person, company, corporation or association; or (iii) the animal control and pound supervisor; (c) "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 section 4 of the Blind Persons' Rights Act, R.S.O. 1990, C. B.7; (d) "dog" means a male or female dog over the age of twelve (12) weeks, but does not include a dog guide: (e) "dog guide" means a dog which serves as a guide or leader for a blind person and which has been especially trained for that purpose; (0 "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 bom outside or fi.om a common hallway or stairway inside and which is located in a residentially zoned part of the Town; (g) "kennel" means a building, premises or place in which dogs that are registered or eligible for registration with an association incorporated under the Animal Pedigree Act (Canada) are bred, maintained or cared for; (h) "license" means a license issued pursuant to this by-law; (i) "owner" includes a person possessing or harboring a dog or cat within the Town and, where the owner is a minor, the person responsible for the custody of the minor: (j) "tag" means a disc or other shape of metal or plastic furnished by the Town as hereinatter provided and suitable to be securely fixed on a dog or cat; (k) "Town" means the Corporation of the Town of Pickering; and, (1) "veterinarian" means a person registered to practice veterinary science under the Veterinarians Act, R.S.O. 1990, C. V.3. LICENSING OF DOGS 2. (1) Every owner of a dog, before the 1st day of April in each year, or within six (6) days, excluding Saturdays, Sundays and statutory holidays, of becoming the owner ora dog on or after the 1st day of April in any year, shaH license and register such dog with the Town. (2) Before licensing any dog, the Town shall require the owner thereof to produce evidence satisfactory to the Town that the dog has been inoculated with a rabies vaccine within the twelve (12) months immediately preceding the date of application for the license. (3) Every license issued pursuant to this section shall expire on the 31st day of December in the year in respect to which it was issued. (4) The fee payable for a dog license shall be ten dollars ($10.00) for a spayed or neutered dog and twenty dollars ($20.00) for any other dog and shall be payable at the time of the issuing of the license. (5) Upon payment of the license 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 lawfiflly used for hunting. (6) A tag shall bear a serial number and the year in which it was issued and a record shall be kept by the Town Clerk or other officer designated for that purpose, showing the name and address of the owner and the serial number of the tag. (7) ff a tag is lost or misplaced for any reason, the owner shall make application for, and upon payment of a fee of $5.00, shall be entitled to a replacement tag. 3. (1) Notwithstanding the provisions of Section 2 of this by-law, every owner of a kennel shall before the 1st day of April in each year, or within six (6) days, excluding Saturdays, Sundays or statutory holidays, ofbecomlng the owner of such kennel on or after the 1st day of April in any year, license such kennel with the Town. (2) Before licensing any such kennel, 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. (3) Every license issued pursuant to this section shah expire on the 31 st day of December in the year in respect of which it was issued. (4) The fee payable for a kennel license shall be Sixty-Five Dollars ($65.00) and shall be payable at the time of the issuing of the license. (5) So long as an owner cfa kennel holds a valid kennel license, he or she shah not be required to obtain a dog license nor be liable to pay any dog license fee in respect of any dog he or she may own which is registered or eligible for registration with an association incorporated under the Animal Pedigree Act (Canada). REGISTRATION OF CATS 4. (1) Every owner cfa cat may, at any time, on a voluntary basis, registered their cat with the Town. (2) Upon payment cfa registration fee of $20.00, the owner shall be furnished with a cat identification tag to be securely fixed on the cat at aH times for identification purposes. (3) A cat identification tag shall bear a serial number and a record shall be kept by the Town Clerk or other officer designated for that purpose showing the name and address of the owner and the serial number of the tag. (4) A cat identification tag issued pursuant to this section shall be valid for the life of the cat to which it has been issued. (5) Ifa cat identification tag is lost or misplaced for any reason, the owner may make application for, and upon payment cfa fee of $5.00, shall be entitled to a replacement tag. (6) In the event a eat is irnpounded, the owner shall pay a maintenance fee of five dollars ($5.00) per day for each day the cat remains im?ounded subsequent to the day of impounding. CONTROL OF DOGS AND CATS 5. (1) For the purpose of this section, a dog or cat shall be deemed to be n~nning at large when found in any place other than the premises of the owner of the dog or cat, and not under the control of any person. (2) Every owner of a dog shall keep the dog leashed and under the control of some person when the dog is on land in the Town other than that 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 or eat shall knowingly or not knowingly allow the dog or cat to nm at large within the limits of the Town. (4) Any person shah be entitled to take charge of any dog or cat found rnnning at large but shall forthwith deliver the dog to an animal control officer. (5) Nothing in this section confers on any person a right to enter any premises. 6. An animal control officer may seize and impound any dog or cat, (a) delivered to him or her whether under the provisions of Section 5 of this by-law; or, (b) found running at large by him or her. 7. (1) An onimal control officer shall restore possession of the dog or cat to the owner only where, (a) the owner claims possession of the dog or cat within five (5) days, exclusive of Sundays and statutory holidays, after the date of seizure and impounding; (b) the owner pays to the animal control officer or other duly authorized person; (i) a pound fee in an amount computed according to the provisions of Subsection 8(1) of this by-law; and, (ii) a maintenance fee computed according to the provisions of Subsection 8(2) of this by-law; and, (c) in the case of a dog, the dog is licensed under Section 2 of this by- law or shown to be exempt bom licensing under Subsection 3(5) of this by-law. 8. (1) The amount of the pound fee payable under Subsection 7(1) of this by-law shah be, (a) $20.00 for the first impounding of a dog in a calendar year; (b) $30.00 for the second impounding of that dog in the same calendar year; and, (c) $50.00 for each subsequent impounding of that dog in the same calendar year. (2) The amount of the maintenance fee payable under Subsection 7(1) of this by-law shall be five dollars ($5.00) per day for each day that the dog or cat remains impounded subsequent to the day of seizure and impounding. 9. (1) Where, on the sixth day, exclusive of Sundays and statutory holidays, at, er the date of seizure and impounding, possession of the dog or eat has not been restored to the owner under Section 7 of this by-law, the animal control and pound supervisor may, in his or her discretion, (a) sell or make a gift of the dog; or, (b) destroy the dog in a humane manner; and no damages or compensation shall be recovered or recoverable on account of its disposition or destruction. (2) Where a dog or cat seized and impounded in injured or should be destroyed without delay for humane reasons, or for reasons of safety to persons or animals, the animal control and pound supervisor may destroy the dog or cat in a humane manner as soon after seizure as he or she sees fit without permitting any person to claim possession of the dog or cat and without offering it for sale and no damages or compensation shall be recovered or recoverable on account of its destruction. (3) Where the animal control and pound supervisor deems it necessary to destroy a dog or cat pursuant to the provisions of Subsection 9(2) of this by-law, the supervisor shah first make every effort possible and practical in the circumstances to contact the owner of the dog or cat and to permit the owner to transfer the dog or cat, at the owner's expense, to the office of a veterinarian. MUZZLING AND LEASHING OF DOGS 10. (1) Where a dog has bitten a person or domestic animal, the animal control and pound 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 control and pound supervisor. (2) Should the owner of the dog disagree with the order to mnzTle and/or leash, he or she may appeal the decision to the Picketing Ajax and Whitby Joint Animal Control Committee. (3) Upon receipt of notification of an appeak the Picketing, Ajax and Whitby Joint Animal Control Committee shall, as soon as is practicable, conduct a hearing and shall bear evidence presented by both the animal control and pound supen, isor and the owner of the dog, it being understood that in the interim between the date of the order to muzzle and/or leash and the date of the hearing of the appeal of the Picketing, Ajax and Whitby Joint Animal Control Committee, the owner shall comply with the order and the dog shall remain muT~led and/or leashed. (4) At such time as the Picketing, Ajax and Whitby Joint Animal Control Committee makes its decision respecting the appeal, the decision shall be considered to be final and binding and the owner of the dog shah comply therewith. GENERAL REQUIREMENTS 11. Every owner of a dog shall have the dog inoculated with a rabies vaccine at least once every twelve (12) months and shall produce evidence of such inoculation to any animal control officer on demand. 12. Every owner of a dog or cat shall remove forthwith excrement left by the dog or cat anywhere in the Town. 13. No owner of a dog shall, knowingly or not knowingly, allow the dog to howl or bark excessively. 14. No person, being an owner, tenant or occupant ora 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 that dwelling unit. PENALTIES 15. (1) Any person who contravenes any of the provisions of this by-law is guilty of an offense 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 Offenses Act and all the provisions of the said Act shall apply to any prosecution for any offense under the provisions of this by-law. (2) Notwithstanding the provisions of Subsection 14(1) of this by-law, any person may, upon presentation ora Violation Ticket issued pursuant to this by-law alleging the commission of an offense through the contravention of one or more of the provisions of this by-law, pay out of court within five (5) days fxom the date of issue the Violation Ticket, exclusive of Saturdays, Sundays and statutory holidays, the sum indicated on the Violation Ticket. SHORT TITLE 16. ~?ais by-law may be cited as the Dog and Cat By-law. REPEAL OF EXISTING BY-LAWS 17. By-law Numbers 1560/82, 2343/86 and 2938/88 are hereby repealed. EFFECTIVE DATE 18. This by-law shall come into force and take effect upon the final passing thereof BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS THIKD DAY OF MAY, 1994. TOWN OF' PICKERING APPROVED .AS TO FORM LEGAL DEPT.