By-law No. 0143/2004
A BY-LAW for licensing and requiring the Registration of Dogs and Cats, and for the Control and Care of Dogs and Cats within the Corporation of the Township of Addington Highlands and to repeal by-law #0137/2003.
Whereas it has been deemed expedient by the Council of the Corporation of the Township of Addington Highlands to license and regulate dogs pursuant to the Municipal Act, Chapter M45 R.S.O. 1990, and Livestock, Poultry and Honey Bee Protection Act, Chapter L24 R.S.O. 1990 and amendments thereto, and Animal Research Act Chapter 22 R.S.O. 1990 and amendments thereto; and
Whereas it has been deemed expedient by the Council of the Corporation of the Township of Addington Highlands to regulate dogs, pursuant to the Dog Owners’ Liability Act, Chapter D16 R.S.O. 1990 and amendments thereto:
The Council Of The Corporation Of The Township Of Addington Highlands Enacts As Follows;
1. (a) “Township” means the Corporation of the Township of Addington Highlands
(b) “Dog” means male or female dog, over the age of 12 weeks.
(c) “Owner” of a dog or cat includes any person who possesses or harbors a dog or cat and “owns” or “owned” have a corresponding meaning.
(d) “Animal Control Officer” includes the person or association who has entered into a contract or appointed by the Corporation of the Township of Addington Highlands to control dogs and cats and to use the Township dog pound and any servants or agents of such person. (e) “Cat”- any nuisance cat.
(f) “Pound” means such premises and facilities designated by the Township as the Township Pound.
(g) “Animal Control Officer” shall be the employee of the Corporation of the Township of Addington Highlands as designated.
(h) “By-law Enforcement Officer” shall be the employee of the Corporation of the Township of Addington Highlands as designated.
Part II – Licensing of Dogs
2. Every owner of a dog shall on or before the 31 st of March in each and every year, or within seven days of becoming an owner, at a later date , procure a dog tag for each dog owned by him.
3. Every dog tag shall bear a serial number and the year in which it was issued and a record shall be kept by the Township Clerk showing the name and address of the owner and the serial number of the tag.
4. The owner shall keep the dog tag securely fixed on the dog at all times. Dogs engaged in hunting under the control of their owner may have tags and collar removed during the hunt.
5. The fee charged for the replacement of lost dog tags is $1.00.
6. Every license issued pursuant to this by-law shall expire on the 31 st day of December of the year in respect of which it was issued and the license fee shall be paid to the Township Clerk at the time of the issuing of the license as follows: for a male dog or a female dog with a certificate from a licensed veterinarian surgeon demonstrating that the dog has been spayed: $6.00; for each non spayed female dog: $8.00. Every person who fails to produce a license by March 31 st in that year shall be required to pay an additional fee of $3.00 to the Animal Control Officer or to the Township Clerk unless such person can demonstrate that the dog was procured by them after March 15, of that year. The owner of a dog purchased after June 30 th may procure a license and a dog tag for half the prescribed fee.
7. Not withstanding the provisions of Section 6 above, the owner of a kennel of pure-bred dogs registered in the register of the Canadian Kennel Club Incorporated, shall pay an annual license fee of twenty-five dollars ($25.00) to the Township Clerk and such owner is not liable to pay any further license fee in respect of such pure bred dogs.
Part III- Keeping of Dogs and Cats
8. Every dog or cat shall be:
a. treated in a humane manner
b. kept so that:
- i. the transfer of pathogenic agents is minimized
- ii. offensive odours are minimized
- iii. conditions are clean and sanitary
9. Every person who presently owns or becomes the owner of any dog or cat immediately thereupon assumes the responsibility of ensuring that such dog or cat receives the necessary food, water, and shelter.
10. Minimum confinement or shelter shall consist of individual shelter for each dog and otherwise at the discretion of the Animal Control Officer who may inspect for appropriate shelter.
11. No person shall keep, or do anything, which may cause to be kept, more than three (3) dogs and six (6) cats on any lot within any hamlet as defined in Part III, Sec 12 below .
12. No kennel licenses will be issued within the Hamlets of Flinton, Kaladar, Northbrook , Cloyne, and Denbigh. The Hamlet limits are to be defined as follows:
- Flinton: Lots 21 & 22, Concession 4, Kaladar Twp.
- Kaladar: Lots 10 & 11, Concessions 7 & 8, Kaladar Twp.
- Northbrook: Lots 26,27,28,29, & 30, Concessions 7 & 8, Kaladar Twp.
- Cloyne: Lots 14,15,16,17 Range A, Addington Road , Kaladar Twp.
- Denbigh: Lots 20 & 21, Concessions 8 & 9, Denbigh Twp.
13. No person who owns or harbors a dog within the Township shall permit such dog to become a public nuisance.
A dog shall be considered a public nuisance if:
- it persistently barks or howls
- it causes damage to public or private property
- it interferes with any standard garbage disposal methods
- it persistently barks at or chases pedestrians
- it defecates on property, other than the private property of the dog owner
14. Dog owners or Handlers must remove forthwith excrement left by their dog on any location- other than private property of the dog owner or Handler subject to Section 1 above, and dispose of the excrement in a sanitary manner.
15. No owner or person who possesses, or harbors, a dog shall allow same to run at large anywhere in the Township.
16. 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 immediate physical control of any other person.
17. No person shall permit a dog to attack or fight any person, domestic animal, domestic bird, farm livestock or farm poultry.
18. The Animal Control Officer or By-law Enforcement Officer may seize and impound any dog found running at large.
19. The Pound –Keeper shall keep a record of every dog impounded or seized, including the date it was impounded, a description of the dog, the license and tag number if it wore a tag, the date and method of disposition. The Pound-Keeper shall immediately attempt to notify the owner of any impounded dog if the owner is known or if the dog bears a license tag.
20. Possession of an impounded or seized dog may be restored if claimed by the owner within (3) days (exclusive of statutory holidays and Sundays), excluding the date of seizure or impounding.
21. The owner of the impounded dog shall pay to the Animal Control Officer or By law Enforcement Officer an impoundment fee for a dog seized and impounded plus a maintenance fee for each day subsequent to the day of seizure that the dog remains impounded.
22. In the event that possession of any impounded dog or cat has not been restored to the owner, within three (3) days after seizure, (exclusive of the first day of seizure, statutory holidays and Sundays), the dog or cat may be sold by the Pound-Keeper for such price as deemed reasonable, or he may dispose of the dog or cat pursuant to The Animals for Research Act and Regulations thereunder. The Pound-Keeper shall retain the sale price of any dog or cat so sold, and no damages or compensation shall be recovered for any disposition made thereunder.
23. Where the dog or cat seized is injured or should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Animal Control Officer or By-law Enforcement Officer may kill the dog or cat in a humane manner as soon after seizure as he thinks fit without permitting any person to reclaim the dog or cat or without offering it for sale and no damages or compensation shall be recovered on account of its killing.
24. Notwithstanding anything contained in the By-law, the Animal Control Officer or the By-law Enforcement Officer shall be permitted to use any reasonable force necessary to attempt to seize any dog or cat found to be running at large including but not limited to the use of a tranquilizer gun or such necessary agents as my cause death for the purposes of seizing said dog or cat running at large in an area of the township, where deemed necessary in the performance of their duties in their absolute discretion. Appropriate live traps may be used when deemed necessary. No damages or compensation shall be recovered on account the these actions.
Part 5- Penalty of Contravention
25. Every owner of a kennel who fails to comply with any portion of Part III of this By-law may be subject to loss of kennel license and any other fine contained in this by-law.
26. If a court of competent jurisdiction should declare any section of this by-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced the Council to pass the remainder of the by-law and it is hereby declared that the remainder of the by-law shall be valid and remain in force.
27. Any person contravening any provisions of the by-law shall be guilty of an offence and upon conviction thereof shall be subject to a fine as set out in a schedule of fines as provided for in the Provincial Offences Act.
28. That any other by-law or provisions thereof conflicting with by-law, and more specifically By-laws #98-06 and #0137/2003 are hereby repealed.
Read a first and second time this 16th day of February, 2004,
Read a third and final time, passed, signed and sealed in open Council this 16th day of February, 2004.
Ken Hook, Reeve | Jack Pauhl, Clerk
By-law for the licensing and control of dogs and cats #0143/2004
Part I Provincial Offences Act
Failure to procure dog tag
Offence Creating Provision: Part II Sec 2
Permit dog to scatter garbage / trash
Offence Creating Provision: Part III Sec 13 (iii)
Permit to defecate on neighbouring property
Offence Creating Provision: Part III Sec 13 (v)
Allow dog to run at large
Offence Creating Provision: Part IV Sec 16
Permit dog to damage private / public property
Offence Creating Provision: Part II Sec 13 (ii)
Permit dog to bark at or chase pedestrian
Offence Creating Provision: Part III Sec 13 (iv)
Owner fails to remove excrement
Offence Creating Provision: Part III Sec 14
Owner keep more then 3 dogs or 6 cats per lot of land
Offence Creating Provision: Part III Sec 11
Note: Penalty provisions for the offences indicated previously is section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33