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HomeMy WebLinkAboutBy-law 617/77A a v Y~LAW REPEALED BY AMENDED BY AMENDS DISPOSITION THE CORPORATION OF THE "TOWN OF PICKERING BY-LATE NUMBER _ ? a L_ Being a By--law for the licensing, registration and regulation of dogs, and for the determina- tion of the compensation to be allowed for impounding, distraining and detaining of dogs. PURSUANT to the provisions of paragraphs 1 and 7 of subsection 1 of section 354 of The Municipal Act, R.S.O. 1970, chapter 284 and to the provisions of subsection 1 of section 5, subsections 1 and 5 of section 7, and section 8 of The Dog Licensing and Live Stock and Poultry Protection Act, R.S.O. 1970, chapter 133, as amended, 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" shall mean (i) a person or class of person designated as such by a by-law of the Town of Pickering; (ii) any person, company, corporation or association providing a dog control service by contract, to the Corporation of the Town of Pickering; and (iii) any employee, agent, servant and representative of such person, company, corporation or association; (b) "blind person" shall mean a person, (i) who is registered as blind with The Canadian National Institute for the Blind; or (ii) who is in receipt of an allowance under The Blind Persons' Allowance Act, R.S.O. 1960, chapter 35, or an allowance as a blind person under The Family Benefits Act, R.S.O. 1470, chapter 157; (c) "kennel" shall mean a building, premises or place in which pure-bred dogs are bred, maintained and cared for, for remuneration or otherwise, and which is registered in the register of The Canadian Kennel Club, Incorporated; (d) "dog" shall mean a male or female dog over the age of twelve (12) weeks; (e) "dog guide" shall mean a dog which serves as a guide or leader for a blind person and which has been especially trained for that purpose; (f) "licence" shall mean a licence issued pursuant to this by-law; (g) "owner" shall include a person possessing or harbouring a dog within the Town of Pickering; (h) "purebred" shall mean (i) registered or eligible for registration in the register of The Canadian Kennel Club, Incorporated, or (ii) or a class designated from time to time as purebred in the regulations pursuant to The Dog Licensing and Live Stock and Poultry Protection Act, R.S.O. 1970, chapter 133, as amended; 2 - W "tag" shall mean a disc or other shape of metal or plastic furnished by the Town of Pickering as hereinafter provided and suitable to be securely fixed on a dog; W "Town" shall mean the corporation of the Town of Pickering, (k) "veterinarian" shall mean a person registered to practise veterinary science under The Veterinarians Act, R.S.O. 1970, chapter 480. LICENSING 2. (a) Every owner of a dog, on or before the last day of February 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 first day of March in any year, shall licence and register such dog with the Towr:. (b) 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 application for the licence. (c) 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. (d) The fee payable for a dog licence shall be $15.00 and shall be payable at the time of the issuing, of the licence. (e) 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. (f) A tag shall bear a serial number and the year in which it was issued and a record shall be kept by the Town Administrator- Clerk or the Town By-law Enforcement officer, or the des' 4.gnate of either of them, showing the name and address of the owner, the serial number of the taq, and other relevant information. (g) If a tag is lost or misplaced for any reason whatsoever, then in that event the owner shall make application for, and upon payment of a fee of $2.00, shall be entitled to, the issuance of a replacement doq licence and a replacement tag. 3. Notwithstanding the provisions of section 2, the maximum fee payable for a dog licence or for a replacement dog licence in respect of a dog guide- the owner of which is a blind person, shall be $1.00. 4. (a) Notwithstanding the provisions of section 2, every owner of a kennel of dogs that are pure-bred shall, on or before the last day of February in each year, or within six (6) days (excluding Saturdays, Sundays and statutory holidays) of becoming the owner of such a kennel on or after the first day of ?larch in any year, licence such kennel with the Town. (b) Before licensing any such kennels and as a prerequisite to such licensing, 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 (c) 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. (d) The fee payable for a kennel licence shall be $25.0 and shall be payable at the time of the issuing of the licence. (e) 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. ANIMAL CONTROL 5. (a) 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. (b) No owner of a dog shall, knowingly or not knowingly, allow the clog to run at large within the li-ii.ts of the Town. (c) Any person shall be entitled to take charge of any docf found running at large but shall forthwith deliver the dog to an animal control officer. (d) Nothing in this section confers on any person a right to enter any premises. 6. (a) An animal control officer may seize and impound any dog, (1) delivered to him under the provisions of section 5 above, or (2) found running at large by him. (b) Where a dog is seized and impounded, the owner sha1.1 be liable for all, pound fees and maintenance fees resulting from such seizure and impounding, whether or not the owner later claims possession of the dog, and all such fees shall be payable on demand by an animal control officer. 7. (a) An animal control off icer shall restore possession of the, dog to the owner only where, (l) the owner claims possession of the dog_ within five (5) days (exclusive of .S°k??%days, and statutory holidays) after the date of seizure and impounding, and. (2) the owner pays to the animal control officer or other my authorized person, (i) a pound fee in an amount computed according to the provisions of subsection (a) of section 9; and (ii) a maintenance fee computed according to the provisions of subsection (b) of section 9, and (3) the dog is licensed under section 7, and (4) if the dog is a bitch, it is not in heat. (b) Clause 4 of subsection (a) shall not operate to keep a dog impounded if the owner has complied with clauses 1 and 2, the dog is licensed under clause 3, and the dog has been impounded for 21 days or more. 8. (a) If an animal control officer is unable to seize and impound any dog running at large contrary to the provisions hereof, the owner of the dog shall be required to parr within seven days of any request therefor a penalty fee as if the dog had been seized and impounded. (b) The penalty fee referred to in subsection (a) shall be calculated according to the provisions of subsection (a) of section 9, and for the purpose of applying those provisions the terms "pou>d fee" and "penalty fee" shall be deemed synonymous. 4 9. (a) The amount of the pound fee payable under subsection (b) of section 6 and subsection (a) of section 7 and the penalty fee payable under subsection (a) of section 8 shall be, (i) $10.00, if no other pound fee has been paid or payable with respect to that dog during the twelve months immediately preceding the date of seizure and impounding; or (ii) $15.00, if a pound fee has been paid or payable with respect to that dog on not more than one other occasion during the twelve months immediately preceding the date of seizure and impounding; or (iii) $25.00, if s pound fee has been paid or payable with respect to that dog on two or more occasions during the twelve months immediately preceding the date of seizure and impounding. (b) The amount of the maintenance fee payable under subsection (b) of section 6 and subsection (a) of section 7 shall be $3.00 per day for each day that the dog remains impounded subsequent to the date of seizure and impounding. 10. (a) Where, on the sixth day (exclusive of Sundays, anu statutory holidays) after the date of seizure and impounding, possession of the dog has not been restored to the owner under section 7, an animal conta,ol officer, or designate thereof:, may M sell or make a gift of the dog, or (ii) destroy the dog in a humane manner, and no damage or compensation shall be recovered or recoverable on accoun of its disposition or destruction. (b) Where a dog seized and impounded under section 6 is injured or should be destroyed i?ii:hout delay for humane reasons, or for reasons of safety to persofs or animals, an animal control officer may destr.Dy '*`s:; do,?T ir: c humane manner as soon after seizure as he sees fit without permitting s.ny erson to claim possession of the dog and without tferinc it for Sale and no damages or compensation shall be zecov,nred or recoverable on account of its destruction. (c) Where an animal control oi:Yicer deems it necessary to destroy a dog pursuant to the provisions of subsection (b), 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 11. 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 innuculation to any animal control officer on demand. 12. 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. 1"s. (a) Every person who contravenes the provisions of this by-law is guilty of an offence. (b) Every person convicted of an offence under this by-law is liable to a fine of not more than $50.00, exclusive of costs, and every such fine is recoverable under The Summary Convictions Act, R.S.O. 1970, as amended from time to time. (c) Notwithstanding the provisions of subsections (a) and (b), any person mav, upon presentation of the summons issued pursuant to this by-lair alleging only the commission of an offence through the contravention of the provisions of subsection (b) of section. 5, pay out of court within five days from the date of issue of the summons (exclusive of Saturdays, Sundays and statutory ho days) the sum of $25.00, if the summons so provides 14. (a) By-laws numbered 72/74 and 333{75 are hereby repealed. (b) This by-law shall become effective on the first day of , 1977. By-law read a first, second and third time and PASSED in open Council this day of 197'. Mayor: Administrator-Cle