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HomeMy WebLinkAboutBy-law 5728/00THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5728/00 Being a by-law to provide for a cat and dog identification system, and for the determination of the compensation to be allowed for impounding, distraining and detaining cats and dogs. WHEREAS, pursuant to 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, by-laws may be passed by the councils of local municipalities to regulate the keeping of cats and dogs; and WHEREAS Section 320 of the said 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 offence; 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 offence is liable to a fine of not more than $5,000.00; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: DEFINITIONS 1. In this by-law, (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, O) a person or class of persons designated as such by a by-law of the City and includes an animal control and pound attendant; O) any person, company, corporation or association providing a dog control service by contract to the City 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) "cat" means a male or female domestic cat over the age of twelve (12) weeks; (e) "City" means the Corporation of the City of Pickering; and, (f) "dog" means a male or female dog over the age of twelve (12) weeks, but does not include a dog guide; "dog guide" means a dog which serves as a guide or leader for a blind person, heating impaired person or other physically or mentally disabled person and which has been especially trained for that purpose; (i) O) (l) "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; "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; "law enforcement dog" means a dog specially trained and utilized by law enforcement agencies in the Province of Ontario; "owner" includes a person possessing or harboufing a dog or cat within the City and, where the owner is a minor, the person responsible for the custody of the minor; "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 dog or cat; "veterinarian" means a person registered to practice veterinary science under the Veterinarians Act, R.S.O. 1990, c. V. 13, as amended. IDENTIFICATION SYSTEM FOR CATS AND DOGS 2. (1) Every owner of a cat or dog, before the 1 st day of April in each year, or within six (6) days, excluding Saturdays, Sundays and statutory holidays, of becoming the owner of a cat or dog on or after the 1 st day of April in any year, shall register such cat or dog with the City. (2) Before registering any cat or dog, the City shall require the owner thereof to produce evidence satisfactory to the City that the cat or dog has been inoculated with a rabies vaccine within the twelve (12) months immediately preceding the date of application for the license. (3) Every owner of a cat or dog shall at the time of registering the pet pay a registration fee to the City in accordance with the following schedule of fees: (a) an annual registration fee in the amount of fifteen dollars ($15.00) for a spayed or neutered cat or dog; or, an annual registration fee in the amount of twenty-five dollars ($25.00) for an unaltered cat or dog; it being understood that the registration fee shall be reduced by an amount of five dollars ($5.00) for a cat or dog implanted with microchip identification. (4) 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 until the tag is renewed or replaced. (5) A tag shall bear an identification number and a record shall be kept by the City Clerk or other officer designated for that purpose, showing the name and address of the owner and the identification number of the tag. (6) (7) (8) 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. The owner or custodian of a dog guide or law enforcement dog shall be exempt from the licencing provisions of this by-law. Every licence issued pursuant to this section shall remain in force until the 31~t day of December in the year of issue. LICENSING OF KENNELS 3. 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, of becoming the owner of such kennel on or after the 1 st day of April in any year, license such kennel with the City. (2) Before licensing any such kennel, the City 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 shall remain in force for one (1) year from the date of issue unless it is sooner forfeited or revoked. (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. (s) So long as an owner of a kennel holds a valid kennel license, he or she shall not be required to register any dog nor be liable to pay any dog registration 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). CONTROL OF CATS AND DOGS 4. (1) 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 premises of the owner of the cat or dog, and not under the control of any person. (2) Every owner person when prior consent of a dog shall keep the dog leashed and under the control of some the dog is on land in the City other than that of the owner, unless is given by the person owning the land on which the dog is found. (3) 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. (4) 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 control officer. (5) Nothing in this section confers on any person a right to enter any premises. o (1) (1) (2) (1) An animal control officer may seize and impound any cat or dog, (a) delivered to him or her under the provisions of Section 4 of this by-law; or, (b) found running at large. An animal control officer shall restore possession of the cat or dog to the owner only where, (a) the owner claims possession of the cat or dog within five (5) days, exclusive of Sundays and statutory holidays, after the date of seizure and impounding; (b) the owner pays to the City, (i) a pound fee in an amount computed according to the provisions of Subsection 7(1) of this by-law; and, (ii) a maintenance fee computed according to the provisions of Subsection 7(2) of this by-law; and, (c) the cat or dog is registered under Section 2 of this by-law or shown to be exempt from registration under Subsection 3(5) of this by-law. The amount of the pound fee payable under Subsection 6(1) of this by-law shall be, (a) $20.00 for the first impounding or a cat or dog in a calendar year; $30.00 for the second impounding of that cat or dog in the same calendar year; and, (c) $50.00 for each subsequent impounding of that cat or dog in the same calendar year. The amount of the maintenance fee payable under Subsection 6(1) of this by-law shall be five dollars ($5.00) per day for each day or part thereof that the cat or dog remains impounded subsequent to the day of seizure and impounding. 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 6 of this by-law, the animal control and pound supervisor may, in his or her discretion, (a) sell or make a gift of the cat or dog; or, (b) destroy the cat or dog in a humane manner; and no damage or compensation shall be recovered or recoverable on account of its disposition or destruction. (2) (3) Where a cat or dog seized and impounded is 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 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. Where the animal control and pound supervisor deems it necessary to destroy a cat or dog pursuant to the provisions of Subsection 8(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 cat or dog, at the owner's expense, to the office of a veterinarian. MUZZLING AND LEASHING OF DOGS 9. (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 and the owner of the dog shall comply therewith. (2) Should the owner of the dog disagree with the order to muzzle and/or leash, he or she may appeal the decision to the Picketing Ajax Picketing Joint Animal Control Committee. (3) Upon receipt of notification of an appeal, the Picketing Ajax Picketing Joint Animal Control Committee shall, as soon as is practicable, conduct a hearing and shall hear evidence presented by both the animal control and pound supervisor 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 heating of the appeal by the Picketing Ajax Picketing Joint Animal Control Committee, the owner shall comply with the order and the dog shall remain muzzled and/or leashed. (4) At such time as the Picketing Ajax Picketing Joint Animal Control 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 REQUIREMENTS 10. Every owner of a cat or dog shall have the cat or 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. 11. Every owner of a cat or dog shall remove forthwith excrement left by the cat or dog anywhere in the City. 12. No owner of a dog shall, knowingly or not knowingly, allow the dog to howl or bark excessively. 13. 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 that dwelling unit. PENALTIES 14. Every 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 or penalty for each offence, exclusive of costs, as prescribed by the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. SHORT TITLE 15. This by-law may be cited as the Cat and Dog By-law· REPEAL OF EXISTING BY-LAWS 16. By-law Number 4423/94, as amended, is repealed. EFFECTIVE DATE 17. This by-law shall come into force and take effect on the 1st day of January, 2001. BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8th DAY OF AUGUST, 2000. Wayne Arthurs, Mayor C.