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2999 To provide for the regulation, restriction and prohibition of the keeping and the running at large of dogs in the Town of Tillsonburg.CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 2999 BEING A BY-LAW TO PROVIDE FOR THE REGULATION, RESTRICTION AND PROHIBITION OF THE KEEPING AND THE RUNNING AT LARGE OF DOGS IN THE TOWN OF TILLSONBURG BY-LAW INDEX Part 1 DEFINITIONS 1.1 Definitions Animal Control Officer and/or Pound keeper — defined Town - defined Dog - defined Dwelling unit - defined Guard dog - defined Kennel - defined Licence issuer - defined Owner - defined Pet shop - defined Pet shopkeeper - defined Premises - defined Running at large - defined Part 2 EXEMPTIONS 2.1 Animal Care and Control Centre and the Public pound 2.2 Pet shop 2.3 Zoos - fairs - exhibitions - circuses - authorized 2.4 Research facility — registered Part 3 PROHIBITED MATTERS 3.1 Kennel - operation - without licence — prohibited 3.1.1 Kennel —operation - prohibited 3.2 Keeping -more than 3 — per premises — prohibited 3.3 Running at large — prohibited 3.4 Unregistered - unlicensed - prohibited 3.5 Licence - failure to renew - annually - prohibited 3.6 Tag - removal - unlawful - prohibited 3.7 Tag - lost - failure to replace - prohibited 3.8 Tag - not securely affixed to dog - prohibited 3.9 Private property - entry - without consent - prohibited 3.10 Excrement - failure to remove - dispose - prohibited 3.11 Forcible retrieval of dog - prohibited 3.12 Leash - over 2 metres - prohibited 3.13 Ownership - change in - failure to notify - prohibited 3.14 Forcible retrieval of dog from pound keeper - prohibited 3.15 Forcible retrieval of dog from pound keeper - failure to pay- prohibited 3.16 Kennel owner - submit list of purchasers 3.17 Pet shop keeper — submit list of purchasers 3.18 Sale of puppy - notify licence issuer G Part 4 KEEPING OF DOGS 4.1 Maximum - 3 per premises 4.2 Puppies - number - not limited - 60 days following birth 4.3 Kennels - registered - number dogs - not limited 4.4 Guard dogs - industrial - commercial premises 4.5 Leash - required - land other than owner's - exception 4.6 Leash - maximum length -2 metres 4.7 Excrement - removal - disposal - sanitary - immediate 4.8 Trespassing - without consent - by dog - prohibited 4.9 Running at large - prohibited Part 5 LICENSING 5.1 Registration - information - requirements 5.2 Application - forthwith - upon ownership 5.3 Application - licence - vaccination - description - fee 5.4 Expiry - annual -- December 31 5.5 Notice - to licence issuer - death - change of ownership 5.6 Transfer - of licence - conditions 5.7 Tag - serial number - issued - upon payment fee 5.8 Tag - affix - securely - to dog - at all times 5.9 Tag - replacement - where lost 5.10 Tag - replacement - proof of payment - plus fee 5.11 Pet shops - purchasers - dogs - names - addresses - to issuer 5.12 Notice - to licence issuer - sale of puppy Part 6 KENNELS 6.1 Application - registered kennel licence 6.2 Application - information - requirements 6.3 Purchasers - dogs - names - addresses - to issuer Part 7 FEES 7.1 Fees - set out - Schedule `A' 7.2 Guide dogs - hearing ear dogs - exempted 7.3 Pound fees - payment - proof of ownership - required 7.4 Fees - unpaid - recovery - method 7.5 Working dogs for disabled persons - exempted Part 8 IMPOUNDING 8.1 Seizure - dog - running at large 8.2 Seizure - delivery - to Pound keeper 8.3 Seizure - impounding 8.4 Capture - any dog - running at large - return to owner 8.5 Entry - upon land - Animal Control Officer 8.6 Female - in heat - at large - impounding - up to 21 days 8.7 Female - in heat - not released - exception 8.8 Claim - within 72 hours - release 8.9 Owner - to claim dog - before disposal 8.10 Disposal - dog - not claimed -- pound keeper - discretion 8.11 Euthanasia - for humane - safety reasons 8.12 Euthanasia - dangerous dog - running at large 8.13 Veterinary services - required - payable by owner 8.14 Compensation - to dog owner - prohibited 8.15 Retrieval - forcibly - from Pound keeper - prohibited Part 9 ENFORCEMENT 9.1 Fine - for contravention 9.2 Continuation - repetition - prohibited - by order Part 10 REPEAL — ENACTMENT 10.1 By-law — previous 10.2 Licence - previous - valid - upon expiry 10.3 Effective date SCHEDULE WHEREAS paragraphs 1, 8, 9, 11, and 13 of section 210 of the Municipal Act, R. S. 0. 1990, c. M 45, as amended, provide that by-laws may be passed by councils of municipalities for the following: 1. Prohibiting or regulating the keeping of any class of animal within a municipality and for restricting the number of animals that may be kept by any person in any dwelling unit; 2. Requiring within any defined areas of the municipality, an owner of a dog to keep the dog leashed and under control when on land other than that of the owner unless prior consent is given by land owner; 3. Licensing regulating and requiring the registration of dogs and for imposing a licence fee on the owners of them; 4. Providing for the payment of a licence fee by the owners of dog kennels; 5. Prohibiting or regulating the running at large of dogs in the municipality and for the seizing and impounding of dogs running at large in the municipality; THEREFORE the Municipal Council of The Corporation of the Town of Tillsonburg enacts as follows: SHORT TITLE DOG LICENSING AND CONTROL BY-LAW Part 1 DEFINITIONS 1.1 Definitions In this by-law: Animal Control Officer and/or Pound keeper — defined "Animal Control Officer" or "Pound keeper" shall mean any person designated or contracted as an Animal Control Officer or Pound keeper by the Town and shall include a Police Officer and the Municipal By -Law Officer for the purpose of this by-law. Town — defined "Town" shall mean The Corporation of the Town of Tillsonburg Dog — defined "Dog" shall mean a quadruped of the species canis familiaris and includes both male and female of the species. Dwelling unit — defined "Dwelling unit" shall mean a single room or series of rooms of complementary use which are located in a building in which food preparation, eating, living, sleeping and sanitary facilities are provided for the exclusive use of the occupants thereof; which has a private entrance directly from outside the building or from a common hallway or stairway inside the building; and in which all occupants have access to all the habitable areas and facilities of the unit. Guard dog — defined "Guard dog" shall mean a dog used for security purposes on land legally used for industrial or commercial purposes. Kennel — defined "Kennel" shall mean a lot, building, structure or establishment in which four or more dogs are housed, boarded or bred. Licence issuer — defined "Licence issuer" shall mean the Customer Service Center of the Town of Tillsonburg. Owner — defined "Owner" includes a person who possesses or harbours a dog and where the owner is a minor the person responsible for the custody of the minor. Pet shop — defined "Pet shop" shall mean an establishment engaged in the retail sale of animals. Pet shop keeper — defined "Pet shop keeper" shall mean a person who has the charge, care or ownership of a pet shop. Premises — defined "Premises" includes the entire lot on which a single dwelling unit building or multi dwelling unit building is situate but does not include common areas adjacent to a multi- dwelling unit building unless those common areas are completely enclosed. Running at large — defined "Running at large" shall mean to be found in any place other than the premises of the owner of the dog and not under the physical control of any person by means of a leash held by the said person. Part 2 EXEMPTIONS 5 2.1 Animal Care and Control Centre & Public Pound This by-law shall not apply to the Animal Care and Control Centre or Public Pound. (Tillsonburg). 2.2 Pet shop Except for sections 3.15, and 5.11, this by-law shall not apply to pet shops. 2.3 Zoos - fairs - exhibitions - circuses — authorized This by-law shall not apply to dogs maintained in a zoo, fair, exhibition or circus operated or licensed by a municipal or other governmental authority. 2.4 Research facility —registered This by-law shall not apply to dogs maintained at a research facility registered under the Animals for Research Act. Part 3 PROHIBITED MATTERS 3.1 Kennel - operation - without licence — prohibited No person shall, within the Town of Tillsonburg, keep a dog kennel without a licence. 3.1.1 Kennel — operation — prohibited No Kennel or Pound shall be kept within the limits of the Town of Tillsonburg upon any premises, unless the same are at least one hundred and twenty-five (125 feet from any school, church, dwelling or other premises occupied by the keeper or members of his or her immediate family and such Kennel or Pound shall meet all requirements pursuant to regulations of the Ministry of Agriculture and food. 3.2 Keeping — more than 3 — per premises — prohibited No person shall, within the Town of Tillsonburg, keep more than three (3) dogs in a dwelling unit or on any premises. 3.3 Running at large — prohibited No person shall, within the Town of Tillsonburg, fail to prohibit from running at large. 34 Unregistered - unlicensed — prohibited No person shall, within the Town of Tillsonburg, fail to register a dog for a dog licence. 3.5 Licence - failure to renew - annually — prohibited No person shall, within the Town of Tillsonburg, fail to renew a dog licence for the current year. 3.6 Tag - removal - unlawful — prohibited No person shall, within the Town of Tillsonburg, unlawfully remove a dog tag from a licensed dog. 3.7 Tag - lost - failure to replace — prohibited No person shall, within the Town of Tillsonburg, fail to apply for a replacement dog tag. 6 3.8 Tag - not securely affixed to dog — prohibited No person shall, within the Town of Tillsonburg, fail to fix the tag issued for a dog securely on the dog. 3.9 Private property - entry - without consent — prohibited No person shall, within the Town of Tillsonburg, permit a dog to enter onto private property without the consent of the property owner. 3.10 Excrement - failure to remove - dispose — prohibited No person shall, within the Town of Tillsonburg, fail to forthwith remove and dispose of dog excrement from any property within the Town. 3.11 Forcible retrieval of dog — prohibited No person shall, within the Town of Tillsonburg, forcibly retrieve a dog from an Animal Control Officer or a vehicle under an officer's control. 3.12 Leash - over 2 meters - prohibited No person shall, within the Town of Tillsonburg, have a dog under control on a leash exceeding 2 meters (6 feet, 6 inches) in length. 3.13 Ownership - change in - failure to notify - prohibited No person shall, within the Town of Tillsonburg, fail to notify the licence issuer upon the change in ownership of a licensed dog. 3.14 Forcible retrieval of dog from pound keeper - prohibited No person shall forcibly retrieve a dog from the Pound keeper or from the premises of the Pound keeper. 3.15 Forcible retrieval of dog from pound keeper - failure to pay - prohibited No person shall retrieve a dog from the Pound keeper or the premises of the Pound keeper without payment in full of all fees and charges required to be paid under this by- law. 3.16 Kennel owner - submit list of purchasers No owner of a kennel shall fail to submit a monthly list of dog purchasers in accordance with section 6.3 of this by-law. 3.17 Pet shop keeper — submit list of purchasers No pet shopkeeper shall fail to submit a monthly list of dog purchasers in accordance with section 5.11 of this by-law. 3.18 Sale of puppy - notify licence issuer No person shall fail to notify the licence issuer upon the sale of a puppy of a dog required to be licensed pursuant to this by-law. Part 4 KEEPING OF DOGS 4.1 Maximum — 3 per premises No person shall keep more than 3 dogs in any one dwelling unit or on any premises. 4.2 Puppies - number —not limited - 60 days following birth Notwithstanding section 4.1 of this by-law, registered -young puppies may be kept with the mother for a period not exceeding 60 days following birth. 4.3 Kennels -registered number dogs — not limited Section 4.1 of this by-law shall not apply to any person keeping a kennel of dogs registered with an association incorporated under the Animal Pedigree Act (Canada). 4.4 Guard dogs — industrial — commercial premises Notwithstanding section 4.1 of this by-law, more than 2 guard dogs may be licensed for lawfully used industrial or commercial premises and such additional dogs shall be treated as a second dog for licence fee purposes. 4.5 Leash - required - land other than owner's - exception 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 Municipality other than that of the owner, unless prior consent is given by the person owning the land on which the dog is found. 4.6 Leash — maximum length — 2 metres No leash referred to in section 4.5 of this by-law shall exceed 2 metres (6 feet, 6 inches) in length. 4.7 Excrement - removal - disposal - sanitary - immediate Every owner of a dog shall remove forthwith and sanitarily dispose of excrement left by the dog anywhere in the town. 4.8 'Trespassing - without consent - by dog - prohibited No person who has a dog under his control by means of a leash shall permit the dog to enter upon the private property of another person or to remain on the private property of another person without the property owner's consent. 4.9 Running at large - prohibited No owner of a dog shall permit the dog to run at large or fail to prohibit the dog from running at large. Part 5 LICENSING 5.1 Registration - information - requirements The licence issuer is designated pursuant to paragraph 11(c) of section 210 of the Municipal Act, R.S.O. 1990, c. M.45, as amended, to keep a record showing the following dog licence registration information: (a) Name any address of dog owner; (b) Serial number of tag; (c) Date of registration; (d) Description of dog; (e) Amount of fee paid upon registration 5.2 Application -forthwith -upon ownership All dog owners shall make application to the licence issuer forthwith upon commencing ownership of the dog. 5.3 Application —licence -vaccination -description -fee Every application shall be accompanied by the following: (a) Description of dog including colour, breed and name; (b) Certification of the owner that the dog has been vaccinated against rabies; (c) Applicable fee. 5.4 Expiry - annual - December 31 Every licence issued by the licence issuer shall expire on the thirty-first day of December of the year for which it is issued and shall be renewable yearly. 5.5 Notice - to licence issuer - death - change of ownership Every holder of a licence issued pursuant to this by-law shall notify the licence issuer forthwith upon the death or change of ownership of a dog so licensed. 5.6 Transfer - of licence - conditions Every licence issued by the licence issuer may be transferred after such notification and payment of the applicable fee upon the following occurrences: (a) Transfer in ownership of a dog during any licensing year; (b) Replacement of dog upon death of licensed dog; (c) Transfer of current year licence from any municipality. 5.7 Tag - serial number - issued - upon payment of fee Upon payment of the applicable fee, the owner shall be furnished with a dog tag bearing the serial number, the year for which it was issued and the words "Town of Tillsonburg". 5.8 Tag - affixed - securely - to dog - at all times The tag shall be fixed securely on the dog for which it was issued at all times until such time as the tag is renewed or replaced. 5.9 Tag - replacement - where lost Where a tag has been lost, an application shall be made to the licence issuer for a replacement tag. 5.10 Tag - replacement - proof of payment - plus fee The application shall be accompanied by proof that the current year's licence fee has been paid and the applicable replacement tag fee. 5.11 Pet shops - purchasers - dogs - names - addresses - to issuer Every pet shopkeeper shall submit on a monthly basis, to the licence issuer, the names and addresses of Town residents who have purchased dogs from the said pet shop. 5.12 Notice — to licence issuer — sale of puppy Every person selling a puppy of a dog that is required to be licensed pursuant to this by- law shall notify the licence issuer upon the sale of the puppy providing the name and address of any purchaser who is a Town resident. Part 6 KENNELS 6.1 Application -registered kennel licence All persons operating a kennel of dogs that are registered or are eligible for registration with an association incorporated under the Animal Pedigree Act (Canada) shall make application to the licence issuer for a kennel licence. 6.2 Application - information - requirements All such applications shall be accompanied by the following information: (a) Name and address of kennel owner; (b) Location of kennel; (c) Proof of zoning approval for said location; (d) Applicable fee. 9 6.3 Purchasers - dogs - names - addresses - to issuer Every kennel owner shall submit on a monthly basis, to the licence issuer, the names and addresses of Town residents who have purchased dogs from the said kennel. Part 7 FEES 7.1 Fees - set out - Schedule `A' Licence fees shall be set and approved by the Council of the Town from time to time and are listed in Schedule `A' of this by-law. 7.2 Guide dogs - hearing ear dogs - exempted Guide dogs within the meaning of the Blind Persons' Rights Act, and hearing ear dogs, where a certificate is produced from a recognized training establishment stating the dog is being used as a hearing assistance dog, are exempt from the payment of all licence fees applicable pursuant to this by-law. 7.3 Pound fees - payment -- proof of ownership -- required Where a dog is claimed from the Pound keeper, the owner shall provide proof of ownership of the dog, as well as proof of payment for a current dog licence, and compensate the Pound keeper according to the Public Pound By-law, as amended. 7.4 Fees - unpaid - recovery - method Every pound fee and board fee that is unpaid in whole or in part is a debt due the Pound keeper and is recoverable in any court of competent jurisdiction in which a debt or money demand may be recovered. 7.5 Working dogs for disabled persons - exempted Working dogs, where a certificate is produced from a recognized training establishment stating that the dog is being used as a working dog to assist a disabled person, shall be exempt from all licence fees applicable pursuant to this by-law. Part 8 IMPOUNDING 8.1 Seizure - dog - running at large The Pound keeper and Animal Control Officers shall, and any police officer may, seize any dog found running at large as defined in this by-law. 8.2 Seizure - delivery - to Pound keeper Every dog seized by a police officer shall forthwith be delivered to the Pound keeper or to an Animal Control Officer. 8.3 Seizure - impounding The Pound keeper shall impound any dog seized by him or delivered to him by a police officer or Animal Control Officer. 8.4 Capture - any dog - running at large - return to owner The Animal Control Officer may capture all dogs running at large contrary to this by-law and may take them to the animal's owner or keeper, if known, or at the Animal Control Officer's discretion, to the pound for impounding by the Pound keeper. 8.5 Entry - upon land - Animal Control Officer For purposes of section 8.4 of this by-law, an Animal Control Officer may enter onto any public property or may enter onto any private property and into the structures thereon with the consent of the owner or occupant. 8.6 Female - in heat - at large - impounding - up to 21 days The Pound keeper and the Animal Control Officer may impound any female dog found to be running at large and in heat until it is no longer in heat, but not exceeding 21 days. 10 8.7 Female - in heat - not released - exception No female dog shall be claimed while it is in heat unless the owner makes arrangement subject to the approval of the Pound keeper for its confinement at any other place during heat. 8.8 Claim - within 72 hours - release The owner or keeper of an animal impounded for being at large shall be entitled to redeem such animal within 72 hours from the time of impoundment, exclusive of the day of impoundment, statutory holidays, and days during which the pound is otherwise closed, upon paying the Poundkeeper the applicable maintenance charges prescribed, and any other damages, fines and expenses according to law. 8.9 Owner - to claim dog - before disposal The owner of a dog that has been impounded shall, upon application to the Poundkeeper, claim the dog before the Poundkeeper is entitled to dispose of the dog according to the provisions of section 8.10 of this by-law. 8.10 Disposal - dog - not claimed — pound keeper - discretion Where a dog that is impounded is not claimed by the owner thereof within the redemption period specified under this by-law, the Pound keeper may retain the dog for such further time as he may consider proper and during that time the Pound keeper may: (a) Sell the dog for such price as he may consider proper; (b) Euthanize the dog (c) Dispose of the dog as he sees fit. 8.11 Euthanasia - for humane - safety reasons Where a dog that is captured or taken into custody is injured or in the opinion of the Pound keeper, should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Animal Control Officer or other trained person appointed by the Pound keeper, may euthanize the dog in a humane manner as soon after capture or taking into custody as he may determine, and may do so without permitting any person to reclaim the dog or without offering it for sale. 8.12 Euthanasia - dangerous dog - running at large In the opinion of an Animal Control Officer, where a dog cannot be captured and where the safety of persons or animals are endangered, the Animal Control Officer or other trained person appointed by the Pound keeper, may euthanize the dog and no damages or compensation shall be recovered by the owner of the dog for said destruction. 8.13 Veterinary services - required - payable by owner Where a dog is captured or taken into custody, and the services of a veterinarian are secured by the Pound keeper, the owner shall pay to the Pound keeper all fees and charges of the veterinarian in addition to all other fees and per diem charges payable under this by-law, whether the dog is alive, dies or is euthanized. 8.14 Compensation - to dog owner - prohibited No compensation, damages, fees or any other sum of money on account of or by reason of the impounding, euthanizing or other disposal of the impounded dog in the course of the administration and enforcement of this by-law shall be: (a) Recovered by any owner or other person; or (b) Paid by the Pound keeper or the Town of Tillsonburg or the Animal Care and Control Centre (Tillsonburg). 8.15 Retrieval - forcibly - from Pound keeper - prohibited No person shall forcibly retrieve a dog from the Pound keeper, an Animal Control Officer or, break and enter into a patrol vehicle of The Animal Care and Control Centre (Tillsonburg) or retrieve a dog without payment in full of all fees and charges required to be paid under this by-law. Part 9 ENFORCEMENT 9.1 Fine - for contravention Any person who contravenes any provision of this by-law is upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act. 9.2 Continuation - repetition - prohibited - by order The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted. Part 10 REPEAL - ENACTMENT 10.1 By-law - previous By-law and all of its amendments are hereby repealed. 10.2 Licence - previous - valid - until expiry A licence issued under the provisions of By-law P.H.-65- 124 shall be deemed to have been issued under this by-law and will be valid until it is replaced or expires. 10.3 Effective date This By-law shall come into force and effect upon final passing. READ A FIRST AND SECOND TIME this 10th day of DECEMBER, 2001. READ A THIRD TIME AND FINALLY PASSED this 25th day of MARCH, 2002. MAI�dW 12 Schedule "A" to By-law 2999 Licence Fees - Effective 1. Kennel Licence Fee $25.00 2. Dog Licence Fee: Licence obtained between January 1St - March 31 (Whole Year) Complete dog $20.00 Spayed/neutered dog $15.00 Late Renewal —Penalty Fee -After March 31 (Part Year) Complete dog $17.00 Spayed/neutered dog $12.00 GUIDE DOGS There is no licence fee charged for Guide Dogs. MISCELLANEOUS Replacement Tag $ 3.00