HomeMy WebLinkAboutBy-law 1560/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1560/82
Being a By-Law to provide for the licensing,
registration and regulation of dogs, and for
the determination of the compensation to be
allowed for impounding, distraining and
detaining of dogs.
WHEREAS the Council of the Corporation of the Town of Pickering, pur-
suant to the provisions of sections 210.1, 210.6, 210.71, 210.132 and
210.134 of the Municipal Act, R.S.O. 1980, chapter 302 and of sections
2(1), 4(1), 4(5} and 5 of the Dog Licensing and Live Stock and Poultry
Protection Act, R.S.O. 1980, chapter 123, has authority to enact this
by-law;
NOW THEREFORE, 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" means,
(i)
a person or class of person designated as such by a
by-law of the Town;
(ii)
any person, company, corporation or association pro-
viding a dog control service by contract to the Town;
and
(iii) any employee, agent, servant and representative of
such person, company, corporation or association;
(b)
"blind person" means a person to whom an identification card
has been issued by the Attorney-General or an officer of his
Ministry, pursuant to the provisions of section 4 of the
Blind Persons' Rights Act, R.S.O. 1980, c. 44;
(c)
"kennel" means a building, premises or place in which pure
bred dogs are bred, maintained or cared for, for remuneration
or otherwise, and which is registered in the register of The
Canadian Kennel Club, Incorporated;
(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;
(f)
"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 residen-
tially zoned part of the Town;
(g) "licence" means a licence issued pursuant to this by-law;
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DEFINITION (Cont'd)
(h)
(i)
(j)
(k)
(1)
"owner" includes a person possessing or harbouring a dog
within the Town;
"pure bred" means,
(i)
registered or eligible for registration in the regis-
ter of The Canadian Kennel Club, Incorporated, or
(ii)
of a class designated from time to time as pure bred
in the regulations pursuant to the Dog Licensing and
Live Stock and Poultry Protection Act, R.S.O. 1980,
chapter 123;
"tag" means a disc or other shape of metal or plastic fur-
nished by the Town as hereinafter provided and suitable to be
securely fixed on a dog;
"Town" shall mean The Corporation of the Town of Pickering;
"veterinarian" shall mean a person registered to practice
veterinary science under the Veterinarians Act, R.S.O. 1980,
chapter 522.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
LICENSING
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 of a dog on or
after the 1st day of April in any year, shall license and
register such dog with the Town.
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 appli-
cation for the licence.
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.
The fee payable for a dog licence shall be fifteen dollars
($15.00) and shall be payable at the time of the issuing of
the licence.
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.
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 his
designate, showing the name and address of the owner, the
serial number of the tag, and other relevant information.
If a tag is lost or misplaced for any reason, the owner shall
make application for, and upon payment of a fee of $0.25,
shall be entitled to a replacement tag.
(1)
Notwithstanding the provisions of section 2, every owner of a
kennel shall, before the 1st day of April in each year, or
within six (6) days, excluding Saturdays, Sundays and stat-
utory holidays, of becoming the owner of such a kennel on or
after the 1st day of April in any year, license such kennel
with the Town.
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LICENSING (Cont'd)
(2)
(3)
(4)
(5)
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.
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.
The fee payable for a kennel shall be $25.00 and shall be
payable at the time of the issuing of the licence.
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.
e
(1)
(2)
(3)
(4)
(5)
ANIMAL CONTROL
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.
Every person having control of a dog, in a place other than
his premises or the premises of the owner, shall secure the
dog to a lead not exceeding 3 metres in length, and shall
keep hold of such lead.
No owner of a dog shall, knowingly or not knowingly, allow
the dog to run at large within the limits of the Town.
Any person shall be entitled to take charge of any dog found
running at large but shall forthwith deliver the dog to an
animal control officer.
Nothing in this section confers on any person a right to
enter any premises.
An animal control officer may seize and impound any dog,
(a) delivered to him under the provisions of section 4 above;
(b) found running at large by him.
or
(1) An animal control officer shall restore possession of the dog
to the owner only where;
(a)
the owner claims possession of the dog within five (5)
days, exclusive of Sundays and statutory holidays, after
the date of seizure and impounding, and
(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 section 7(1);
(ii)
a maintenance fee computed according to the pro-
visions of section 7(2); and
(c) the dog is licensed under section 2 or shown to be
exempt from licensing under section 3(5); and
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ANIMAL CONTROL (Cont'd)
(2)
(d) if the dog is a bitch, it is not in heat.
Clause (d) of subsection (1) shall not operate to keep a dog
impounded if the owner has complied with clauses (a), (b) and
(c), and the dog has been impounded for twenty-one (21) days
or more.
(1)
(2)
The amount of the pound fee payable under section 6(1) shall
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.
The amount of the maintenance fee payable under section 6(1)
shall be $5.00 per day for each day that the dog remains
impounded subsequent to the day of seizure and impounding.
(1)
(2>
(3)
Where, on the sixth day, exclusive of Sundays and statutory
holidays, after the date of seizure and impounding, posses-
sion of the dog has not been restored to the owner under
section 6, an animal control officer may, in his discretion,
(a) sell or make a gift of the dog, or
(b) destroy the dog in a humane manner,
and no damage or compensation shall be recovered or recover-
able on account of its disposition or destruction.
Where a dog seized and impounded is injured or should be
destroyed without delay for humane reasons, or for reasons of
safety to persons or animals, an animal control officer may
destroy the dog in a humane manner as soon after seizure as
he sees fit without permitting any person to claim possession
of the dog and without offering it for sale and no damages or
compensation shall be recovered or recoverable on account of
its destruction.
Where an animal control officer deems it necessary to destroy
a dog pursuant to the provisions of subsection (2), 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
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 innoculation to any animal control officer on
demand.
10.
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.
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GENERAL (Cont'd)
11.
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 that
dwelling unit.
12. (1)
(2)
Every person who contravenes any provision of this by-law is
guilty of an offence and upon conviction thereof is liable to
a fine of not more than $50.00, exclusive of costs, recover-
able under the Provincial Offences Act.
Notwithstanding the provisions of subsection (1), any person
may, upon presentation of a Violation Ticket issued pursuant
to this by-law alleging only the commission of an offence
through the contravention of the provisions of section 4(3),
pay out of court within five (5) days from the date of issue
of the Violation Ticket, exclusive of Saturdays, Sundays and
statutory holidays, the sum indicated on the Violation
Ticket.
13. By-Law No. 617/77 is hereby repealed.
14. This by-law shall come into force on January 1st, 1983.
BY-LAW read a first, second and third time and finally passed this
20th day of September , 1982.
Clork