Amend By-law to License, Regulate and Control Dogs

THE CORPORATION OF THE TOWN OF SOUTH BRUCE PENINSULA

BY-LAW #40-2007

Being a By-Law to amend By-Law #19-2007

A BY-LAW TO LICENSE, REGULATE AND CONTROL
DOGS WITHIN THE TOWN OF SOUTH BRUCE
PENINSULA

NOW THERFORE THE COUNCIL OF THE CORPORATION OF THE TOWN
OF SOUTH BRUCE PENINSULA ENACTS AS FOLLOWS:

1. Amend Section 4 to by-law 19-2007 to read as follows:

4. A dog found to be in any place other than the premises of the owner and
not on a leash and not under control of any person shall be deemed to be
running at large.

2. Amend Section 4.1 to by-law 19-2007 to read as follows:

4.1 Every owner of a dog shall ensure that it is leashed and under the control
of person when it is off its owners property.

THIS BY-LAW SHALL COME INTO EFFECT ON THE DATE OF PASSING

READ a FIRST and SECOND time this 28th day of May, 2007.

_______________________MAYOR

_______________________CLERK

READ a THIRD time and FINALLY PASSED this 28th day of May, 2007.

_______________________MAYOR

_______________________CLERK
THE CORPORATION OF THE TOWN OF SOUTH BRUCE PENINSULA

BY-LAW NUMBER 19-2007

A BY-LAW TO LICENSE, REGULATE AND CONTROL DOGS
WITHIN THE TOWN OF SOUTH BRUCE PENINSULA

WHEREAS section 8 of the Municipal Act 2001 C25 s.8 gives the council of the
Municipality the rights, powers and privileges of a natural person for the purpose of
exercising its' authority under this or any other Act.

AND WHEREAS section 11 the spheres of jurisdiction gives the Municipal council the
power to regulate or prohibit respecting a matter. Provide for the licensing respecting the
matter imposing conditions as a requirement of continuing to hold or renew a license or
registration 2001.C25 S9 (3).

AND WHEREAS section 103(1) (a) & (b) of the Municipal Act allows for the
Municipality to pass a By-law to control the running at large of animals, their seizure,
impounding, the sale when not reclaimed, And the voluntary payment of the penalties out
of court.

AND WHEREAS sections 105(1)(2)(3)(4) of the Municipal Act allows for a
Municipality to require a dog to be muzzled or council may exempt said dog from muzzle
order.

AND WHEREAS THE CORPORATION OF THE TOWN OF SOUTH BRUCE
PENINSULA DEEMS IT DESIRABLE TO PASS SUCH A BY-LAW.

SECTION 1 - DEFINITIONS

For the purpose of this by-law the following definitions apply.

1.1 ANIMAL CONTROL OFFICER

Means a By-Law Enforcement Officer appointed by the Town Council as a
poundkeeper and designated as a Provincial Offences Officer and includes the
person or Company who have entered into a contract with the Corporation of the
Town of South Bruce Peninsula to control dogs within the municipality.

1.2 DOG

Means a male, female, spayed female or neutered male dog over the age of 12
weeks.
1.3 KENNEL

Means a kennel of dogs which are all registered or eligible for registration with an
association incorporated under the Animal Pedigree Act (Canada) and includes,
regulations as attached and forming Schedule "B" of this By-Law.

1.4 LICENCE

Means the metal tag and receipt issued by the Treasurer of the Town of South
Bruce Peninsula or the Treasurer's authorized agent upon registration of a dog or
kennel and payment of the appropriate fee.

1.5 LICENCE FEE

Means the licence fee established by the Town of South Bruce Peninsula in
Schedule "A" attached to and forming part of this By-Law as amended from time
to time.

1.6 OWNER OF DOG

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 shall be considered the
owner.

1.7 VETERINARIAN

Means a person registered as a Veterinarian under the Veterinarian Act R.S.O
1990 Chapter V.3 as amended from time to time.

1.8 LEASHING

As per Section 5 of this By-Law.

1.9 LEASH

A line or rope no more than 3 metres in length used to walk or control a dog or
other animal.

1.10 CONTROL

Shall mean the dog must be on a leash or chain, that must be held by the person
accompanying the dog, and that person must be physically able to control the dog
with the leash or chain.

SECTION 2 -REGISTRATION AND LICENCSING OF DOGS
2(a) Every owner of a dog in the Town of South Bruce Peninsula shall within one
week after the dog comes into his or her possession cause the dog to be registered
and licenced at the office of the Treasurer of the Town of South Bruce Peninsula
for the balance of the calendar year.

(b) Following the initial registration and licensing the dog owner shall, prior to the 1st
day of April re-register and re-licence each dog in his or her possession for the
current year.

2.1 Notwithstanding Section 2 hereof the fees to license and register a dog that is
required to assist a disabled person shall be waived.

2.2 Registering and licensing of dogs may be performed at The Town of South Bruce
Peninsula Treasurer's office by paying the fee prescribed in Schedule "A" of this
By-Law.

2.3 On payment of the licence fee the owner shall be furnished with a metal plate or
tag bearing a serial number and the year for which the tag is issued, for each dog
licenced.

2.4 The owner shall keep the metal tag securely fixed on the dog at all times until the
tag is renewed or replaced except while the dog is being lawfully used for
hunting.

2.5 A record shall be kept by the Town Treasurer or other person designated by the
town Treasurer showing the description of the dog for which the tag was issued
including the name and address of the owner and the serial number of the tag.

2.6 No person shall use a tag on a dog other than the dog for which the tag was
issued.

2.7 (a) Any person who has paid his or her licence fee and loses his or her dog tag
shall be entitled to another tag on application and upon payment of $5.00 to the
Town of South Bruce Peninsula.

(b) If there is change of ownership of dog during the licence year the new owner
may have the current licence transferred to his or her name upon payment of a
transfer fee of $5.00.

2.8 The provisions of this By-law with respect to licensing of dogs shall apply to all
dogs 12 weeks or older.
2.9 No person shall remove a collar or harness to which a tag has been attached from
a licenced dog unless the dog is engaged in a lawful hunting activity during
hunting season as prescribed by law.

2.10 Where a certificate of a veterinarian is produced showing that a male dog is
neutered or that a female dog is spayed such dog shall be licenced at the lower
rate as specified in schedule "A" attached to and forming part of this By-law.

SECTION 3-LICENCING OF KENNELS

3 Every person who operates a kennel or boarding establishment within the
boundaries of the Town of South Bruce Peninsula shall purchase a Kennel or
Boarding Establishment licence on or before April 1st in each and every year.

3.1 The licensing and regulating of kennels and boarding establishment within the
boundaries of The Town of South Bruce Peninsula shall be in accordance with
Schedule "B" of this By-Law attached to and forming part of this By-Law.

SECTION 4- DOGS RUNNING AT LARGE

4 No person shall allow a dog to run at large in the Town of South Bruce Peninsula.

4.1 A dog shall be deemed to be running at large if found in any place other than the
premises of the owner of the dog and not under control of any person. Control is
to have the dog on a leash when it is off it's owners property.

4.2 A dog shall not be considered to be running at large if it is a guide dog or a police
work dog or if it is a hunting dog accompanied by the owner or other responsible
adult and is actively engaged in hunting or training for hunting on unposted land
or on posted land with the permission of the owner.

4.3 A dog shall be deemed to be not under the control of any person when the dog is
not on a leash and it is on any land in the Town of South Bruce Peninsula other
than where the dog is usually kept.

4.4 A dog, which is found running at large, contrary to this By-law, may be seized
and impounded by the Animal Control Officer or other person appointed to
enforce the provisions of the By-Law. A dog, which is impounded, shall be held
for a redemption period of not less than four (4) days, exclusive of the day on
which the dog was impounded and exclusive of Saturday and Sunday and Public
Holidays. If the dog is not claimed it may then be sold, destroyed or otherwise
disposed of at the discretion of the Pound keeper. Where a dog is found running at
large and is ill or injured and a Veterinarian is of the opinion that the dog should
be destroyed forthwith, a police officer or other persons authorized to enforce this
By-law may direct a Veterinarian to destroy the dog immediately. Where a dog is
seized and impounded it will not be released until all seizure, pound, Veterinarian,
and maintenance charges have been paid.

4.5 Where a dog is injured before or after being taken into custody or in the opinion
of a Veterinarian should be destroyed without delay for humane reasons or for
reasons of safety to persons or animals the Animal Control Officer and the
Veterinarian Shall decide whether to destroy the dog in a humane manner as soon
after capture or custody as the Animal Control Officer and the Veterinarian may
determine without permitting any person to reclaim the dog or without offering it
for sale.

4.6 Prior to an impounded dog which has a tag or other means of I.D. being destroyed
in accordance with the provision of the By-Law, the Animal Control Officer shall
take all reasonable steps to find the owner of the dog and shall forthwith notify
the owner, if found, that the dog has been impounded.

4.7 The Animal Control Officer or shelter operator shall restore possession of an
impounded dog to the owner thereof where the owner claims possession within
the redemption period and the owner pays the Animal Control Officer or shelter
operator all applicable reclamation fees.

4.8 If at the end of the redemption period possession of the dog has not been restored
to its owner, the Shelter Operator may sell or adopt out said dog.

4.9 If a dog(s) which has not been reclaimed within the redemption period as set out
in Section 4.4 and the dog(s) has not been sold or adopted out, the Shelter
Operator may dispose of it as he or she sees fit subject to the provisions of this
By-Law and no damages or compensation shall be recovered by any person
against the Shelter Operator Animal Control Officer or the Town.

SECTION 5 ­ MUZZLING OR LEASHING DOGS THAT BITE
(see schedule "C" for appropriate forms)

5.1 When a dog has bitten a person or a domestic animal, the owner or other person
having the control of the dog shall forthwith muzzle and leash the dog, shall keep
the dog muzzled and leashed at all times until:

(a) the dog is destroyed: or

(b) The Town Council, or committee thereof appointed for the purpose,
exempts the owner from the muzzling or leashing requirement, or both.

5.2.1 Where the Animal Control Officer for the Town, or his/ her designate, acquired
information or belief that a dog has bitten a person or domestic animal in violation
of this By-law, he may issue an Order to the owner or other person having control
of the dog, requiring that person to muzzle or leash the dog, or both.
5.3.1 The Order issued by the Animal Control Officer shall state that the owner or other
person to whom the order is issued may appeal the order to the Town Council, or
committee thereof, provided he or she does so within seven days of being
informed of the Order.

5.4 Where it appears there are grounds to believe that the behavior of the dog required
to be muzzled, leashed or both, pursuant to this By-Law, has improved, the owner
or person in charge of the dog may apply in writing, setting out the ground for the
belief that the dog's behavior has improved, to Town Council or a committee
thereof for an Order revising, modifying, or rescinding the Order to muzzle, leash
or both.

SECTION 6- GENERAL PROVISIONS

6 An owner shall pay all Veterinarian costs that are assessed against their dog(s)
before they are returned to the owner.

6.1 Every owner of a dog shall remove forthwith excrement left by the dog anywhere
in the Municipality of South Bruce Peninsula.

6.3.1 The provisions of Section 6.1 do not apply to the owner of guide dogs while in the
control of a blind person.

6.3.2 No person shall make a false statement on any registration or application required
under this By-Law.

6.3.3 No person shall obstruct or interfere with an officer in the lawful execution of
their duty enforcing the provisions of this By-Law.

6.3.4 If for any reason any section, clause or provisions of this By-Law is deemed by a
court of competent jurisdiction to be invalid the same shall not affect the validity
of the By-law as a whole or any part thereof other than the part which was
declared to be invalid.

6.4 No person shall keep more than two (2) dog's per household anywhere in the
Town of South Bruce Peninsula. The only exemption is a litter of pups which can
remain with their mother until 12 weeks of age.

6.4.1 Any person (s) owning more than 2 dogs when this by-law is passed, may keep
said dogs, but must not replace them.

6.4.2 Where signs are erected stating no dogs allowed. Dogs are not allowed whether
leashed or not.
SECTION 7 ­PENALTIES

7 Every person (s) who violates a provision of this By-Law is guilty of an offence
and on
conviction is liable to the penalty provided in Section 61 of the Provincial
Offences Act R.S.O. 1990 Chapter P.33 as amended from time to time.

7.1 THAT this by-law shall supersede and rescind that portion of any By-law in any
of the
former Municipalities dealing with the matters referred to in this By-law.

READ a FIRST and SECOND time this 16th day of April, 2007

______________________MAYOR

______________________CLERK
th
READ a THIRD time and FINALLY PASSED this day of 2007.

______________________MAYOR

_______________________CLERK
SCHEDULE "A"

THE CORPORATION OF THE TOWN OF SOUTH BRUCE PENINSULA
BY-LAW # 19-2007

NOTICE TO THE RESIDENTS OF THE TOWN OF SOUTH BRUCE PENINSULA
DOG LICENSING AND KENNEL LICENSING FEES IN ALL AREAS OF THE
TOWN. TAGS AND LICENCES EXPIRE ON THE 31ST DAY OF DECEMBER IN
EACH AND EVERY YEAR.

Before March 31 After March 31

First neutered/ spayed dog $12.00 $25.00

Second neutered/ spayed dog $17.00 $30.00

First dog not spayed/ neutered $30.00 $40.00

Second dog not spayed/ neutered $40.00 $50.00

BOARDING ESTABLISHMENT $100.00 per year flat rate
NO BREEDING

KENNEL LICENCES
BOARDING AND BREEDING
Up to 20 dogs $150.00 per year
21 to 50 dogs $300.00 per year
each additional dog over 50 dogs $35.00 per additional dog over 50

Boarding of dogs for rescue organization
With a charitable licence $100.00 per year

Dogs used for sledding
Up to 12 dogs $100.00 per year
Each additional dog over 12 dogs $ 35.00 per additional dog

Pups under the age of 12 weeks are exempt from licensing.
SCHEDULE "B"

BY-LAW #19-2007

LICENSING OF KENNELS AND BOARDING ESTABLISHMENTS

1. No person shall operate a kennel or boarding establishment for dogs within the
Town of South Bruce Peninsula without first purchasing a licence.

2. Every person making application for a licence to operate a kennel of dogs shall
make application in writing and provide proof that every dog in the kennel is
registered or is eligible for registration with an association incorporated under the
Animal Pedigree Act (Canada).

Notwithstanding the foregoing the holder of a valid kennel licence on December
31st, 1998 will be issued a renewal licence at the applicable rate however no NEW
licences will be issued for premises not previously licenced until all conditions of
this section are met.

3. Every application for a kennel or boarding establishment shall pay the annual
licence fee as set out in schedule "A" attached to and forming part of this By-law.

4. A licence shall not be issued or renewed unless the applicant complies with the
requirements of other relevant By-laws of the Town of South Bruce Peninsula in
force from time to time.

5. A kennel licence as required under this By-law shall not be available for any
property which is located in a zone established under the Town of South Bruce
Peninsula zoning By-law which does not permit as a permitted use a kennel as
defined under the said zoning By-law.

6. All plans for the kennel must be submitted to the By-law Officer for inspection
before a licence may be issued.

7. The Council of the Town of South Bruce Peninsula may refuse to issue or renew a
licence after first providing the applicant with an opportunity for a hearing
pursuant to the provisions of the Statutory Powers Procedure Act.

8. Every owner or operator of a kennel or boarding establishment shall allow access
to the facility for the purpose of inspection at all reasonable hours to any person
appointed by the Town of South Bruce Peninsula to enforce this By-Law.
SCHEDULE "C"
PART 1

NOTICE TO MUZZLE

To: _________________________________________Date: ______________________
(OWNER OF DOG)

Address: ________________________________________________________________

Description of Dog: _______________________________________________________

Name: __________________________________________________________________

Breed: __________________________________________________________________

Colour: _________________________________________________________________

Dog Tag Number: ________________________________________________________

Year of Dog Tag: _________________________________________________________

Rabies Tag Number: ______________________________________________________
(Including the Year and Veterinarian's Office)

Tattoo Number: __________________________________________________________

Microchip Number: _______________________________________________________

The Corporation of the Town of South Bruce Peninsula is in receipt of a Declaration duly
executed by the Animal Control Officer pursuant to Section 5 of By-Law # that
the dog described above did on the day of ___________________, 200 bite and
puncture the skin of a person or domestic animal. In accordance with Section 5 of By-
law # you are hereby ordered to restrain your dog as follows.
SHEDULE "C"
PART 2

METHOD OF RESTRAINING

While the dog is on the property of the owner or harbourer as described above the owner
shall be responsible for restraining the dog by keeping it inside a building or house or in
an enclosed pen of sufficient dimension and strength to be human and prevent a dog from
coming into contact with persons other than the owner of the dog or any other domestic
animal or within securely fenced yard where the fence meets the requirement of the Town
fence by-law. The enclosed pen or the fenced yard shall be equipped with a locking
device and self-latching device. Such self-latching device to be designed in such a
manner that the pen or gate cannot be opened from the outside by a small child.

While the dog is off the property of the owner, as described above, the owner shall
ensure that:

(1) It is securely on a collar-type leash with maximum length of 1 meter and of
sufficient strength to restrain the dog and keep it from chasing a person or
domestic animal.

(2) By fastening a muzzle humanely over the mouth of the dog of adequate
strength and design and suitable to the breed of the dog that fits over the
mouth of the dog and cannot be removed by the dog, to prevent the dog from
biting or attacking a person or domestic animal.

(3) It is under the control of a person sixteen years of age or older that is
physically able.

(4) Within thirty days the dog is identified with a microchip implantation, at the
owner's expense, and the said microchip number is registered with the
Animal Control Officer.

(5) The Animal Control Officer is notified within forty-eight hours of any
changed to the residency of the vicious dog.

(6) The Animal Control Officer is notified with forty-eight hours after the
ownership of the vicious dog is transferred to another person.

(7) The Animal Control Officer is notified should the vicious dog be destroyed.

In accordance with Section 3.1 you may appeal this Notice to Muzzle to the Council of
the Town of South Bruce Peninsula within thirty days of the date of this Notice of
submitting a written request for a hearing. Such a request must be addressed to the Town
Clerk at the Town of South Bruce Peninsula P.O. Box 310, Wiarton, Ontario, N0H2T0
Personal Information contained in this form is collected under the authority of the Municipal Act,
R.S.O., 1990, c, M.45, as amended, and will only be used for the information should be directed to the
Clerk for the Town of South Bruce Peninsula, P.O. Box 310, Wiarton, Ontario NOH2T0

This Notice is served upon the owner in accordance with Section 3.1 of By-law #______

on this day of____________________, 200 .

Animal Control Officer
SHEDULE "C"
PART 3

DECLARATION REGARDING A VICIOUS DOG

Name of Person or Domestic Animal Bitten: __________________________________

Address: _______________________________________________________________

Telephone: _____________________________________________________________

OWNER OF DOG

Name: _________________________________________________________________

Address: _______________________________________________________________

Name of Dog:___________________________Dog Tag Number:_________________

DESCRIPTION OF DOG

Breed: _________________________________________________________________

Colour: ________________________________________________________________

Other: _________________________________________________________________

Rabies Tag Number:___________________________other Identification:___________

LOCATION OF INCIDENT

Address: ________________________________________________________________

Location on Property: _____________________________________________________

Location on Street: ________________________________________________________

Description of Incident: ____________________________________________________

________________________________________________________________________

Date of Incident:_________________________Time of Incident:___________________
Signature of Witness who actually saw the alleged vicious dog bite a person or domestic
animal.

Signature of Clerk

Name of Witness: _____________________________________________(please print)

Address of Witness: _______________________________________________________

Telephone Number: _______________________________________________________

Personal Information contained in this form is collected under the authority of the Municipal Act,
R.S.O.., 1990,c,M.45 as amended, and will only be used to the purposes for which is was collected.
Questions about this collection of information should be directed to the Clerk for the Town of South
Bruce Peninsula, P.O. Box 310, Wiarton, Ontario, NOH-2T0
ITEM COLUMN 1 COLUMN 2 COLUMN 3
DESCRIPTION OF PROVISIONS SET FINE
OFFENCE CREATION
OFFENCE
1
Allow dog to run at Section 4 $90.00
large

2
Dog not on a leash Section 4.1 $90.00

3
Failed to muzzle dog Section 5.1 $90.00
when so ordered

4
Failed to remove Section 6.1 $200.00
excrement left by dog

5
Obstruct or interfere Section 6.3.3 $200.00
with an officer while
performing their duties
6
Kept more than two Section 6.4 $90.00
dogs per household
7
Failed to Licence dog Section 2 (a) $90.00

8
Failed to re-licence a Section 2 (b) $90.00
dog for the current year
9
Failed to obtain a Section 3 $90.00
Kennel Licence

NOTE THE PENALTY PROVISIONS FOR THE OFFENCES INDICATED ABOVE IS/ ARE SECTION
7 OF BY-LAW #19-2007 A CERTIFIED COPY WHICH HAS BEEN FILED.