PED-BC-03-2013 - Haldimand County

Transcription

HALDIMAND COUNTY
Report PED-BC-03-2013
of the General Manager of Planning and Economic
Development
For Consideration by Council in Committee
RE: Animal Control By-law
OBJECTIVE: To establish a contemporary Animal Control By-law.
RECOMMENDATIONS:
1.
THAT Report PED-BC-03-2013 Re: Animal Control By-law dated May 10, 2013 be
received;
2.
AND THAT the draft Animal Control By-law attached to Report PED-BC-03-2013 be
presented for enactment;
3.
AND THAT the User Fees and Service Charges By-law 1327-12 be amended to reflect
the Animal Control fees attached to Report PED-BC-03-2013 as “Attachment 3”.
Prepared by:
Randy Charlton, CMM III, MLEO(C), CPSO
Manager, Building Controls & By-Law
Enforcement
Date: May 10, 2013
Respectfully submitted:
Approved:
Craig Manley, MCIP, RPP
General Manager
Planning & Economic Development
Department
Donald G. Boyle
Chief Administrative Officer
Council in Committee
Date of Meeting: August 27, 2013
Report: PED-BC-03-2013
Page 1 of 41
BACKGROUND:
On August 27, 2012 Council adopted Report PED-BC-03-2012 Re: Animal Control Contract.
The report extended the current contract with the Welland and District Humane Society for a
one-year term from January 1, 2013 to December 31, 2013. Council also provided direction to
staff to review the current scope of services provided and service delivery options for Council
consideration prior to the issuance of a Request for Proposal in 2013 for Animal Control delivery
and enforcement services.
As part of reviewing the current scope of services provided, staffs approach was to divide this in
two steps:
1.
To update the County’s Animal Control By-law to address current issues and to
ensure that whoever provides Animal Control services is using a contemporary
legislative framework; and
2.
Once the new Animal Control By-law is set as a second step staff will analyze
service delivery options, seek Council direction and then go to market to seek
Animal Control delivery and enforcement services.
As part of step one, staff identified the need to review the existing Animal Control By-law, along
with the legislative framework that governs animal control matters. The main authority for
municipalities to pass animal control by-laws is found within the Municipal Act. In addition to the
Municipal Act, the Dog Owners Liability Act (DOLA) and the Ontario Society for the Prevention
of Cruelty to Animals Act, which deals with animal humane issues, are other pieces of
legislation available in the legislative framework for Animal Control.
Staff have concluded that the best way to take advantage of additional legislative authorities
found within the enabling legislation, to incorporate benchmarking and best practices and to
provide clearer regulations is to propose a new Animal Control By-law. A contemporary Animal
Control By-law will provide for the parameters and foundations for the second step in reviewing
the current scope of Animal Control services.
This report focuses on a proposed Animal Control By-law that would replace the existing aging
by-law, although amended from time to time, and has now been in effect in Haldimand County
for 12 years.
ANALYSIS:
The proposed Animal Control By-law addresses both urban and rural situations and is intended
to respond, improve and control current animal control issues. Staff has also taken the
opportunity to incorporate authorities found in the Municipal Act that will give the service
provider more effective enforcement tools. Enforcement tools would include the issuance of
orders requiring property owners to discontinue the contravening activity and/or to do work to
correct the contravention.
Open House/Meeting
On Wednesday May 29, 2013 staff hosted an open house in the McSorley Hall at the Cayuga
Arena. The open house was advertised in the County ad in the Grand River Sachem and
Page 2 of 41
invitations were sent to pet shop owners and licensed kennel operators, which resulted in 27
people attending the meeting.
Staff provided all in attendance with a copy of the proposed by-law, a summary sheet indicating
the major changes and the existing Animal Control By-law. The Staff presentation was focused
on the major changes proposed in the by-law and each proposed change was dealt with item by
item. The attendees were very interactive, engaged and shared their opinions. Staff heard on
more than one occasion that the County was definitely headed in the right direction.
On some of the proposed changes there was a consensus while on other items there was a
differing opinion. As a result of the meeting, Staff advised the attendees that their suggestions
had been recorded by Staff and some changes would be incorporated into the proposed by-law,
to the extent that the changes did not compromise the overall guiding principle of the by-law
being animal care and promotion of responsible animal ownership.
Input expressed by residents and stakeholders attending the meeting regarding the proposed
by-law included:
Stakeholder Opinion
Protective care regulations were too broad as
it would give too much authority to impound
someone’s dog in their absence.
Prohibited animal section was too restrictive –
in particular as it related to reptile pets.
A consensus that other than rabies
immunization any other immunization should
be as recommended by the College of
Veterinarians of Ontario or the Ontario
Veterinary College.
A consensus that immunization against rabies
should not be required until the dog/cat is
sixteen (16) weeks of age.
Kennel licensing should only be available to
purebred kennels and mixed-breed of dogs
should not be permitted;
That providing a license to kennel owners who
have mixed-breed dogs promotes this and
legitimizes crossbreeding.
Staff Response
Staff identified that the intent was to ensure
that an animal would be cared for should the
owner not be able to temporarily care for the
animal as a result of the owner evicted,
incarcerated, or in the case of fire or medical
emergencies and that staff has incorporated
wording in the proposed by-law in order to
clarify this intent.
Consultation with pet store owners resulted in
the list of prohibited animals modeled and
brought in with other municipalities’ by-laws.
Specifically, that Tarantulas, non-venomous
snakes and non-venomous lizards be
regulated by size and not generally prohibited.
Staff has incorporated this consensus into the
proposed by-law.
Staff has incorporated this consensus into the
proposed by-law.
•
•
•
Staff is of the opinion that all kennel
owners should be licensed in order to
ensure the proper care of all dogs and to
ensure all kennels address impact matters
of the use relative to adjacent properties.
Further, that the zoning by-law permits
animal kennels and does not differentiate
between purebred and mixed-breed dogs.
It is important to note that the Canadian
Kennel Club’s “Good Neighbour Program”
encourages owners to have a better and
Page 3 of 41
There should be a maximum number of dogs
permitted in a kennel.
The sale of dogs from pet shops be prohibited
or owners should be required to purchase
dogs from rescue groups or pounds.
Kennel licensing should distinguish between a
purebred kennel and a commercial kennel.
A new requirement for screening fencing
should only be required for new kennels.
Number of dogs and cats permitted was too
restrictive for residential areas. This was in
response to a proposal to restrict both the
number of individual dogs and cats that could
be in a residential home and a cap on the total
combination of dogs and cats. Currently, only
dogs are limited to 3 per dwelling.
Cats should be licensed.
richer relationship with their dogs through a
training program which embraces both
purebred and mixed-breed dogs.
Staff did not incorporate this suggestion
because:
• Kennels are not permitted in urban areas;
and there are limits on number of dogs in
urban areas
• In rural areas the animal care provisions of
the proposed by-law provide for the basic
needs of the dog regardless of the number
of dogs.
Staff did not incorporate this suggestion.
Staff has incorporated this suggestion by
proposing a Purebred Kennel and Commercial
Kennel licensing category. While the
regulatory frameworks are similar, this
categorization recognizes that purebred
operators also have to comply with the
standards and responsibilities set out through
extra-municipal organizations (i.e. breed clubs,
pursuant to the Animal Pedigree Act) that also
help to ensure responsible animal care.
Staff has incorporated this suggestion.
However, a provision has been incorporated
that this requirement could be imposed on any
kennel should there become a nuisance
concern related to barking dogs.
Staff responded to this concern by redrafting
the proposed by-law to recommend that the
proposed maximum number of dogs be
retained at 3 and that a new limit of 3 cats in a
residential area be established. Staff have also
allowed additional animals to be housed in
these areas if they are being ‘fostered’ under
an approved program. Staff have removed the
proposal that there be a regulation regarding a
5 animal limit on the combination of dogs and
cats in a residential area.
Staff did not adopt it due to administrative and
enforcement implications.
On June 24, 2013 staff sent out an e-mail to the residents and stakeholders who attended the
May 29, 2013 open house at the Cayuga Arena. The purpose of the e-mail was to seek
additional input on the changes staff implemented directly resulting from the input received at
the open house.
Residents and stakeholders were asked to provide any additional comments by June 28, 2013.
Feedback from the e-mail was limited to minor changes and clarification of the intent of specific
sections. Some residents felt that the process was rushed, however, comments also included
Page 4 of 41
that over all staff had captured the concerns of the residents and stakeholders in the proposed
by-law.
Summary of the Proposed Animal Control By-law
When this initiative was started, a Staff team was tasked with undertaking research and making
recommendations for a new Animal Control By-law. The task team was charged with developing
a proposed by-law that would include contemporary animal control practices, regulations and
enforcement, in order to promote animal care and responsible pet ownership, along with being
flexible and functional regardless of the service provider.
In order to develop this new proposed by-law, a best practices and benchmarking exercise was
undertaken by the task team, researching animal control by-laws from across the province.
Staff, in April 2013, as part of the research process, met with the Welland Society for the
Prevention of Cruelty to Animals (S.P.C.A.) in order to obtain their input into the proposed
Animal Control By-law. The Welland S.P.C.A. was helpful in providing suggestions and staff
incorporated the input into the proposed by-law.
The proposed by-law before Council has evolved from its original draft as a direct result of
resident, stakeholder and industry input and represents an updated and balanced by-law. The
following is an outline highlighting some of the proposed changes and additions contained in the
by-law. The Appendix in Attachment 1 provides further background information and details
regarding the rationale for these changes. Attachment 2 is the proposed new Animal Control
By-law.
Major changes proposed in the Proposed By-law
Regulations
Existing By-law
Protective Care
No Regulations
Prohibited Animal(s)
Existing regulations
• general list of prohibited
animals with no flexibility to
permit animals that pose no
danger to the public such as
tarantulas, non-venomous
snakes and non-venomous
lizards
Animal & Kennel Care
• have been maintained
Proposed By-law
Proposed New Regulation
• permits the poundkeeper (as defined
in the By-law) to, after making all
reasonable attempts to contact the
owner, impound animals when an
owner:
 is evicted
 is incarcerated
 fire or medical emergencies
Proposed Change in Regulation
Would permit:
• tarantulas in an escape-proof
enclosure
• non-venomous snakes where neither
the female nor the male of species
exceeds or will exceed 3 metres in
length from nose to tip of tail before or
at maturity
• non-venomous lizards (not including
Iguana) where neither the female nor
the male of the species exceeds or
will exceed 2 metres in length from
nose to tip of tail before or at maturity
Additional Proposed Regulation
• timelines for waste material and
excrement cleaned up
Page 5 of 41
Licensing Dog
• license required for every dog
• service dogs exempted for
licensing
• prohibited pit bull
• 2 licensing fees
 spayed or neutered
 non spayed or neutered
• attack dog tag of a distinct
colour
Licensing Kennel
• license required for three or
more purebred dogs bred and
raised and registered in a
kennel club as recognized by
the Welland and District
S.P.C.A.
• fee for every dog in the kennel
• owner of a Kennel shall
maintain a log of all dogs
contained on the premises that
is over six (6) months of age
• location of buildings and dog
runs specifically provided for in
by-law conflicts with zoning bylaw
Identification Tag
• police animal or service animal
not required to be licensed
Number of Animals
• dogs limited to three (3) in a
Residential area
Dog(s) and Cat(s)
• dog and cat immunized against
rabies
• specific exclusions for farm animals
• additional care standards for kennels
• screening fence construction to act as
a visual barrier for new kennels or
existing kennels where barking from
the dogs has become a nuisance
considering the proximity to a
residentially used property
• license required for every dog over 16
weeks of age
• service and police dog no license fee,
but license required
• prohibited pit bull
• 4 licensing fees
 microchip/tattooed spayed or
neutered
 spayed or neutered
 microchip/tattooed non spayed or
neutered
 non spayed or neutered
• dangerous or attack dog tag of a
distinct colour
• license required for Purebred or
Commercial Kennel in which more
than two (2), are boarded, bred, kept
or trained
• consistent licensing fee of $100 to
operate a Purebred or Commercial
kennel
• application for a kennel license to
indicate the number of dogs at the
kennel, excluding those dogs sixteen
(16) weeks of age or under
• , a new provision requiring a kennel
or dog license applicant to provide
the names of alternate contact
persons, in addition to the owner
• owner of a kennel shall maintain a log
of all dogs contained on the premises
• location of the kennel in accordance
with, and conforms to, the provisions
of the applicable County Zoning bylaws
• an owner who operates both a
purebred and a commercial kennel at
the same location is to pay only one
licensing fee
• police animal or service animal to be
licensed, an identification tag may be
issued to the owner at no charge
• dogs limited to three (3) in a
residential area
Page 6 of 41
• no limit for dogs in all other
areas
• no limit for cats
Cats
No specific cat regulations
Farm Animals
No specific regulations
Biting Dog
No specific regulations
Enforcement
• penalty provisions limited to the
Provincial Offences Act
• cats limited to three (3) in a residential
area
• additional three (3) cats provided that:
 owner is a member of a recognized
cat rescue organization
 cats are kept inside a detached
dwelling unit at all times in order to
reduce the impact on abutting
dwelling units
 owner permits the inspection
• dogs limited to five (5) in all other
locations
• no cat limits in all other locations
• additional dog permitted if dog is part
of a Foster Program or Service Animal
• owner of a cat in a residential area
shall ensure his/her cat is identified by
either:
 a collar on which the owner’s name
and address is permanently
inscribed
 a microchip
 a tattoo
• regulation about feeding, providing
shelter for a feral cat on County
property
• specific exclusions for owners of farm
animals complying to provincial
regulations
• provide food, water, exercise,
appropriate shelter and veterinary
care as may be required
• creates a separate category and
delineates between a dangerous dog
• owner can be ordered to muzzle
without dog being deemed dangerous
• penalty provisions reference higher
limits of the Municipal Act
• expanded authority in the Municipal
Act to enter any land to inspect at all
reasonable times to ensure by-law
being complied with
• authority to be accompanied by a
person possessing special or expert
knowledge, for example, special or
expert knowledge on the care of a
specific animal
• authority to require the production of
documents for inspection or removal
of documents or things relevant to the
inspection
• ability to issue orders
• add cost of doing work to taxes
Page 7 of 41
License Appeal
• identifies right to appeal only for
license denial with no process
outlined for the appeal
• provides for muzzle order
• provides for license denial
• administrative process for appeal in
order to provide for judicial fairness
BUDGET/LEGAL IMPLICATIONS:
It is not expected that the new Animal Control By-law will impact service costs. However, the
proposed by-law contains new tools that will better address animal control issues and assist in
enforcement activity more so than currently provided through the existing by-law.
As well, staff are proposing a minor increase in license fees as the current fees have been in
place since 2001 with no subsequent revisions. Staff will undertake a further review of the fees
later this year, including comparison to other municipalities, and prepare recommended
increases as part of the user fee by-law review and/or budget for effect in 2014. To promote
responsible pet ownership, this report recommends two new fees for Spayed/Neutered micro
chipped/tattooed and Non-Spayed/Neutered micro chipped/tattooed dogs. Dog owners who
have taken steps to be responsible pet owners by further identifying their pet by micro chipping
or tattooing should be rewarded with a lower license fee.
INTERDEPARTMENTAL IMPACTS:
The addition of a new Commercial Kennel license category may slightly impact the work load of
the Licensing Officer and the Clerks Division who facilitates the issuing of kennel licenses.
LINKS TO STRATEGIC PLANS:
Corporate Efficiency: Improvements to the delivery of animal control services as the
recommendations provide a contemporary regulatory framework and tools.
Enacting a new animal control by-law enhances Haldimand County’s attempt to provide
harmonized service levels throughout the entire County, to be consistent, fair and equitable.
CONCLUSION:
Staff recommends the adoption of the proposed Animal Control By-law which addresses the
varying urban and rural situations and is intended to respond, improve and control current
animal control issues.
Staff is of the opinion that there is a general public consensus on most of the regulations found
in the By-law. As a result of the stakeholder meetings, staff has incorporated into the proposed
by-law many suggestions from the open house while maintaining the overall guiding principle of
the by-law, being animal care and promotion of responsible animal ownership.
Page 8 of 41
ATTACHMENTS:
1.
Background and Rationale for Changes to the Animal Control By-law.
Draft Animal Control By-law.
Proposed User Fees and Service Charges By-law 1327-12 amendment.
2.
3.
REQUIRED AND RECEIVED COMMENTS FROM:
Yes or Not applicable
Clerk’s
Yes
Community Services Department
Not applicable
Finance
Yes
Health & Social Services Department
Not applicable
Human Resources
Not applicable
Information Systems
Not applicable
Legal
Not applicable
Public Works Department
Not applicable
Planning & Economic Development Department
Not applicable
Support Services
Not applicable
Other
Not applicable
CLERK’S DIVISION REVIEW
Report: PED-BC-03-2013 - Animal Control By-law
COUNCIL IN COMMITTEE:
RECOMMENDATION NO
COUNCIL:
RESOLUTION NO:
Approved
Approved
Approved with Amendments
Approved with Amendments (Noted below)
Defeated
Defeated
Deferred
Deferred
Other
Other
Amended Recommendation(s):
Council Direction:
Clerk’s Division Action Taken:
Page 9 of 41
Report: PED-BC-03-2013, Attachment 1
Background Information and Rationale for Changes to the Animal Control
Regulations
1. Why the Requirement to License Your Dog and Identify Your Cat?
•
•
•
•
•
Licensing and identifying your dog or cat is the fastest way to contact you when your pet
is lost.
Licensing and identification is immediately visible to anyone who finds your pet and
shows that your pet is not homeless. Residents are more likely to approach a pet that is
licensed or has identification.
Pets with a license and identification have a higher chance of getting home compared to
pets with no license or identification.
Cost effective as a staff member will contact you immediately, to prevent boarding fees
from adding up.
Licensing and identifying your dog or cat means your pet will spend less time in the
shelter, reducing the stress it may experience.
It is important to encourage responsible pet ownership which can, in part, be accomplished by
owners who obtain identification tags, spay/neuter, tattoo and/or microchip their pets. In this
regard the municipality promotes responsible pet ownership by requiring every dog owner to
obtain a license and affix an identification tag and that every cat owner in a residential area
ensure that the cat has identification affixed. This requirement also facilitates the recovery of
lost or stray animals, and protects the public and other animals from rabies or other
transmittable diseases since proof of immunization must be provided to obtain a dog
identification tag.
According to 2011 statistics, it is estimated that in Haldimand County approximately 30% of the
dog owners have obtained a dog license (to calculate this estimate, staff used information
obtained by Statistics Canada, the Planning and Development Division and an industry
accepted formula for calculating the number of dog owners obtaining dog tags).
A survey of area municipalities indicates that the percentages of dog owners obtaining dog tags
are as follows: Burlington 30%, Oakville 21%, Milton 16% Toronto 11%, and Hamilton 50%.
Moving forward by service delivery, the object would be to take steps to increase the number of
animals that are licensed.
Animal control statistics provided by the Welland S.P.C.A. indicates that in 2012 the ratio of cats
to dogs impounded in the County was four (4) cats for every one (1) dog. The offspring of lost or
abandoned (stray) cats are referred to as feral. The cost of responding to nuisances as a result
of negligent pet owners, of impounding dogs and cats and responding to feral cats is increasing.
Promotion of responsible pet ownership and adoption of fair regulations to require pet owners to
meet a minimum standard for a responsible pet owner are steps to control rising animal control
costs.
2. Why Different Dog Licensing Fees?
Page 10 of 41
Two (2) new fee categories for the licensing of dogs are being proposed to promote responsible
dog ownership. The dog licensing fees proposed in the chart below recognizes a responsible
dog owner who has invested in additional identification of their dog.
Note - Dog licences are required as of January 1st of the licensing year. Licences issued after
January 1st of the licensing year will be subject to a late fee. Licences are available by
November 1st each year.
Current fees
Fee Schedule
Spayed/Neutered/Microchip/tattooed
Spayed/Neutered
Non Spayed/Neutered/Microchip/tattooed
Non Spayed/Neutered
Dangerous Dog
Before
January 1st
N/A
$20.00
N/A
$35.00
$100.00
After
January 1st
N/A
$30.00
N/A
$45.00
$110.00
Proposed fees
Before
January 1st
$18.00
$22.00
$33.00
$37.00
$100.00
After
January 1st
$28.00
$32.00
$43.00
$47.00
$110.00
Dog and Kennel licensing fees have not been amended since 2001. Staff will undertake a
review of the fees later this year, including comparison to other municipalities, and prepare
recommended increases as part of the user fee bylaw review and/or budget for effect in 2014.
To promote responsible pet ownership, this report recommends two (2) new fees for
Spayed/Neutered micro chipped/tattooed and Non-Spayed/Neutered micro chipped/tattooed
dogs. Dog owners who have taken steps to be responsible pet owners by further identifying
their pet by micro chipping or tattooing should be rewarded with a lower license fee.
3. Why No Licensing for Cats?
In order to further promote responsible pet ownership, the proposed Animal Control By-law
requires that the owner of a cat in a residential area shall ensure his/her cat is identified by
either:
• a collar on which the owner’s name and address is permanently inscribed
• a microchip
• a tattoo
However, there is no licensing fee being proposed for the owner of a cat.
Staff is not recommending the licensing of cats in Haldimand County at this time because:
• education is needed to change public perception that cat owners will benefit from
licensing
• requiring cat licensing would increase workload to the over-all delivery of the animal
control service and would require additional staff levels for enforcement
Licensing Kennel
Currently, the licensing of kennels is only required when three or more purebred dogs are bred
and raised, and registered in a kennel club. The license provisions are in place to ensure that
there is a basic level of animal care associated with the use. There is no requirement for other
dog kennels to be licensed. Therefore, people who breed and raise dogs within a kennel where
the dogs are not purebreds, do not require a license.
Animal kennels are permitted in accordance with the zoning by-laws of the County and the
zoning by-laws do not distinguish between purebred dogs or mixed breed dogs. These zoning
by-laws provide for specific regulations, including setbacks from residential properties.
Page 11 of 41
In order to ensure that all dogs within any kennel are being provided the proper care and that
there is a fair and equal licensing requirement for all kennel operators, the proposed by-law
requires all kennel owners to obtain a license. Two (2) categories of kennel licenses are
proposed – purebred kennels and commercial kennels.
In terms of licensing fees, staff is proposing there be no change in the current $100 licensing fee
at this time, and that the municipal cost of inspections and licensing be reviewed as part of the
2014 Operating Budget. According to our 2012 statistics, there are 36 licensed Purebred
Kennels in the County with the break down per category being:
•
•
•
19
14
3
36
Kennels with 3 to 10 dogs
Kennels with 11 to 15 dogs
Kennels with 16 or more dogs
Total
The chart below represents the proposed Kennel licensing fees.
Current fees
Fee Schedule
Purebred Kennel
Commercial Kennel
Before
January 1st
$100.00
N/A
Proposed fees
After
January 1st
$110.00
N/A
Before
January 1st
$100.00
$100.00
After
January 1st
$110.00
$110.00
A Purebred and a Commercial Kennel at the same location is to pay only one licensing fee - that being the
Commercial Kennel fee.
Number of Dog(s) and Cat(s)
Staff has undertaken a benchmarking study in order to determine which municipalities have
responded to the limiting of dogs and cats within an animal control by-law.
Municipality
Domestic Dogs Maximum
Haldimand
Proposed
Three (3)
Residential
area
Haldimand
Current
Three (3)
No Maximum
Residential
all other
area
locations
Three (3)
any location
Four (4)
in a dwelling unit
Four (4)
on any premises
Three (3)
in a residential zone
Three (3)
Four (4)
urban area
rural area
Three (3)
per dwelling unit
Three (3)
on a property
Brantford
West Lincoln
Hamilton
Norfolk
Milton
Brampton
Welland
Five (5)
all other
locations
Domestic Cats Maximum
Three (3)
Residential
area
No Maximum
all other
locations
No Maximum
Three (3)
any location
No Maximum
Four (4)
on any premises
No Maximum
Four (4)
Six (6)
urban area
rural area
Six (6)
per dwelling unit
Three (3)
on a property
Combination of Dogs and
Cats Maximum
Six (6)
Residential
area
Five (5) dogs
all other locations
& no maximum on
cats
Three (3) dogs Residential area
& no maximum on cats
Six (6)
Three (3) dogs & Three (3) cats
Four (4) dogs &
no maximum on cats
Four (4)
on any premises
Three (3) dogs &
no maximum on cats
Five (5)
Eight (8)
urban area
rural area
Nine (9)
Three (3) dogs & Six (6) cats
Six (6)
Three (3) dogs & Three (3) cats
The current Animal Control By-law only limits the number of dogs in premises within a
residential area. Staff is proposing a limit on the number of cats in premises within a residential
area and a limit of dogs in all other areas for a number of reasons:
Page 12 of 41
•
•
•
to control rising animal control costs associated with impounding dogs and cats
to reduce and control nuisances such as;
 smells from increased dog and cat excrement
 noise from barking dogs
 dogs and cats at-large
to provide acceptable balance so that both pet owners and non pet owners can
enjoy their properties
Animal & Kennel Care
Included in the proposed by-law are additional Animal and Kennel care regulations aimed at
ensuring that owners take the steps to ensure humane care of their animals and provide their
animals with such food, water, exercise, appropriate shelter and veterinary care as may be
required from time-to-time to keep the animal in good health. Animal care would see that all
animals are kept in a clean and sanitary environment conducive to good health. With that in
mind, regulations are proposed to establish a standard for the removal of waste material and
excrement being not less often than weekly during the period from November 1st of one (1) year
and March 31st of the following year and not less often than every three (3) days during the
remainder of the year. These standards are reasonable not only for the sanitary environment for
the animal but for the nuisance issues that result from an accumulation of waste material and
excrement for neighbouring properties.
Farms would be excluded when the storing, removing or disposing of excrement is in
accordance with Regulation 267/03 of the Nutrient Management Act, 2002.
Biting Dog
The proposed by-law proposes regulations and creates a separate category for biting dogs.
Here, there is delineation between a biting dog and a dangerous dog. Not all dogs that have
bitten are dangerous dogs; however, it may be appropriate under certain circumstances to order
the owner to muzzle the dog during the investigation until a permanent decision can be made or
the dog needs to be restrained or controlled.
Enforcement
The proposed by-law also provides for the ability for the officers to:
•
•
•
•
•
at all reasonable times, enter upon and inspect any land to enforce the by-law
require the production for inspection of documents
inspect and remove documents or things relevant to the inspection for the purpose
of making copies or extracts
make examinations or take tests, samples or photographs necessary for the
purposes of the inspection
issue orders to:
 discontinue the contravening activity, and/or
 do work to correct the contravention
Page 13 of 41
License Appeal
The proposed by-law provides owners the ability to appeal an order or decision of the Animal
Control Officer, Municipal Law Enforcement Officer or Poundkeeper under the following
circumstances:
•
•
•
Muzzle Order for a dog that has been designated as a biting dog
Muzzle Requirement for a dog designated as a dangerous dog
where the Poundkeeper refuses to grant a license, suspends or revokes a license
The by-law outlines an appeal process to ensure judicial fairness through a transparent process.
Penalty
The penalty section of the proposed by-law provides for higher fines. Specifically, every person
who contravenes any of the provisions of this by-law:
•
•
on a first conviction to a fine of not more than $25,000; and
on a subsequent conviction to a fine of not more than $10,000 for each day
Or, if the person is a corporation:
•
•
on a first conviction a fine of not more than $50,000; and
on a subsequent conviction a fine of not more than $25,000 for each day
Staff will also be requesting set fine approval from the Ministry of the Attorney General in order
to issue tickets.
Page 14 of 41
THE CORPORATION OF HALDIMAND COUNTY
By-law No.
/13
Being a by-law relating to the regulating, licensing,
restraining, governing and care of dogs, cats and other
categories of animals.
WHEREAS Sections 8, 9 and 10 of the Municipal Act, 2001 authorize Haldimand County to
pass by-laws necessary or desirable for municipal purposes, and in particular Paragraphs 5, 8
and 9 of Subsection 10(2) authorize by-laws respecting: the economic, social and environmental
well-being of the municipality; the protection of persons and property; and animals;
WHEREAS Subsection 8(3) of the Municipal Act, 2001 provides that a by-law under Section 10
of that Act respecting a matter may regulate or prohibit and, as part of the power to regulate or
prohibit respecting the matter, may require a person to do things respecting the matter, or may
provide for a system of licenses respecting the matter;
WHEREAS Subsection 103(1) of the Municipal Act, 2001 provides that if a by-law is passed
regulating or prohibiting with respect to the being at large of animals, the by-law may provide for
the seizure and impounding of animals being at large and the sale of impounded animals;
WHEREAS Section 425 of the Municipal Act, 2001 authorizes Haldimand County to pass bylaws providing that a person who contravenes a by-law of Haldimand County passed under that
Act is guilty of an offence;
AND WHEREAS the Municipal Act, 2001 further authorizes Haldimand County, amongst other
things, to delegate its authority, to impose fees or charges, to provide for inspections, and to
make orders to discontinue activity or to do work.
NOW THEREFORE, the Council of The Corporation of Haldimand County enacts as
follows:
Part I – Definitions
1. In this By-law:
a) “Animal(s)” means any living organism, other than human, having sensation and the
power of voluntary movement and requiring oxygen and organic food for its existence.
b) “Animal Control Officer” shall mean a person or a corporation, including said
Corporation’s employees, agents, and representatives, that has entered into a contract
with the County or who are employed by the County for the control and regulation of
animals within Haldimand County and includes a Municipal Law Enforcement Officer, an
officer of the Ontario Provincial Police, and any other party contracted by the County to
provide such services.
c) “Appeal committee” means Council for the Corporation of Haldimand County or any
person or committee delegated the responsibility by Council;
Page 15 of 41
d) “Attack trained” means a dog that has been trained to inflict injury, maim, immobilize or
display a threatening or aggressive disposition or kept for the purposes of security or
protection, whether residential, commercial or industrial, of person's property.
e) “Cat(s)” shall mean a male or female feline over the age of six weeks of any breed of
domesticated cat or crossbreed domesticated cat.
f)
“Commercial Kennel” means a premise of an establishment where more than two (2)
dogs are boarded, bred, kept or trained for remuneration
g) “Control” shall mean having at all times, the ability to manage, direct, restrict and restrain
the movements of an animal.
h) “Council” means the Council for the Corporation of Haldimand County.
i)
“County” means the Corporation of Haldimand County.
j)
“Dangerous dog” means any individual dog which:
i. has on one or more occasions bitten or attacked a person or domestic animal;
ii. has on one or more occasions behaved in a manner that poses a menace to the
safety of persons or domestic animals;
iii. when an owner of the dog has on one or more occasions failed to exercise
reasonable precautions to prevent the dog from,
1. biting or attacking a person or domestic animal, and/or
2. behaving in a manner that poses a menace to the safety of persons or
domestic animals;
iv. is a restricted pit bull and an owner of the dog has on one or more occasions
failed to comply with one or more of the requirements of this Act or the regulations
respecting restricted pit bulls;
v. is a pit bull other than a restricted pit bull; or other dog prohibited by Provincial
legislation;
vi. there is reason to believe that the dog may cause harm to a person or domestic
animal;
vii. where in the opinion of an Animal Control Officer, Municipal Law Enforcement
Officer or Police Officer the dog shows the disposition or tendency to be
threatening or aggressive and there is a concern for the well-being or safety to
another animal or to a human;
A dog shall not be considered dangerous if a person is on premises with the intention of
committing, or is in the commission of, a criminal act on the premises and incurs injury
caused by being bitten or attacked by a dog unless the keeping of the dog on the
premises was unreasonable for the purpose of the protection of person or property.
k) “Dog(s)” means any male or female domesticated dog, or any member of the species
Canisfamiliaris.
l)
“Domestic farm animal” shall mean an animal kept by a person for animal husbandry, or
for its pelt, wool or fur or for food or research purposes, and includes, but is not limited
to, domesticated ungulates of the families Artiodactylus, Perissodactylus, Anseriformes,
Galliformes, Gallus and Ratite Birds.
m) “Dwelling unit” means a suite of two or more rooms used by one or more persons living
together, including up to two boarders, in which cooking, eating, living, sleeping and
sanitary facilities are provided, and with a private entrance accessed from outside the
building, from a common hallway or from a common stairway.
Page 16 of 41
n) “Hunting” means lying and waiting for, searching for, being on the trail of, pursuing,
chasing or shooting at wildlife, whether or not the wildlife is killed, injured, captured or
harassed and does not include trapping.
o) “Identification tag” or “tag” shall mean a disc or other shape of metal or plastic furnished
by the County or Poundkeeper in connection with the licensing and registering of a dog,
which tag shall demonstrate that the dog has been licensed and registered with the
County.
p) “Impound(ed)” shall mean to confiscate, confine, hold or take possession.
q) “Keeps” shall mean to have temporary or permanent control or possession of an animal,
and the words “harbour”, “kept” or “keeping” have a similar meaning.
r) “Kennel” includes a Purebred Kennel and Commercial Kennel and shall mean the
premises of such an establishment in which more than two (2) dogs over sixteen (16)
weeks of age, are boarded, bred, kept or trained, but does not include:
i.
a veterinary clinic or veterinary hospital;
ii.
a public pound or animal shelter used by the County for impounding animals;
iii.
any premises licensed under any statute of the Province of Ontario or the
Government of Canada, which permits the keeping of dogs and other animals under
certain conditions;
iv.
a pet shop.
s) “Leash” shall mean a tether, rope, chain, line or similar device for leading or restraining
an animal and shall be of sufficient strength and design to restrain the animal and to
allow a person to restrain and control the animal.
t)
“Licence” means an identification tag or kennel license issued by the Poundkeeper in
relation to the application for such license.
u) “Licence fee” means a fee imposed upon the owner of a dog or kennel.
v) “Microchip” means an approved Canadian standard encoded identification device
implanted into an animal, which contains a unique code that permits or facilitates local
authority or an Animal Control Officer access to owner information, including the name
and address of the owner of the animal.
w) "Mitigating factor" means a circumstance which excuses aggressive behaviour of a dog
and without limiting the generality of the foregoing, may include circumstances where:
i.
the dog was, at the time of the aggressive behaviour, acting in defence to an attack
by a person or domestic animal;
ii.
the dog was, at the time of the aggressive behaviour, acting in defence of its young
or reacting to a person or a domestic animal trespassing on the property of its
owner; or
iii.
the dog was, at the time of the aggressive behaviour, being teased, provoked, or
tormented.
x) “Municipal Law Enforcement Officer” means a person or persons duly appointed by the
Council of the Corporation to enforce the provisions of this by-law, and includes any
police officer appointed pursuant to the Police Services Act.
Page 17 of 41
y) “Muzzle” means a humane fastening or covering device 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, so as to prevent the dog from biting.
z) “Neutered” means a male dog which has had its generative organs removed for which
the owner produces satisfactory evidence.
aa) “Owner” shall mean a person or an owner of land or premises where an animal is kept
and shall include a tenant or occupant of such land or premises or any person who has
control of an animal or a person who owns, keeps, possesses or harbours an animal or
a person who operates or manages a kennel and where the owner is a minor, also
includes the person responsible for the custody of the minor and "owns" and "owned"
have corresponding meanings.
bb) "Parkland" means land owned or leased by the County and set aside for park purposes.
cc) “Person” includes an owner, individual, partnership, association, firm or Corporation,
business entity or club, or any other incorporated or unincorporated group or
organization to whom the context can apply in accordance with the Interpretation Act,
R.S.O. 1990.
dd) “Pet shop” means an establishment engaged in the retail sale of animals excluding a
kennel.
ee) "Point of reception" means any point on a premise where the barking, calling, whining or
other similar persistent sound originating from other than that premises is received.
ff) “Pound” means such premises and facilities of a person designated by the County and
have entered into a contract with the County to maintain a facility used for the detention,
maintenance or disposal of animals on behalf of the County.
gg) “Poundkeeper” means the County and any employee thereof and/or a person, service or
agency designated or appointed to maintain, enforce and administer this by-law which
includes the premises and facilities operated as a pound.
hh) "Premise(s)" means a building or a part of a building including a dwelling unit and any
land appurtenant to the building or part of the building and includes a vacant lot.
ii) "Protective care" means the temporary, time-limited keeping of an animal by the County
as a result of an owner eviction, incarceration or as a result of a fire the owner cannot
provide animal care or animal medical attention.
jj) “Purebred Kennel” means a premise where more than two (2) purebred dogs which are
officially recognized breeds by the Canadian Kennel Club or other official registering
body are boarded, bred, kept or trained and registered in a kennel club.
kk) “Residential” means any property zoned as such within the current applicable Zoning Bylaw and shall include all lands within an Urban Boundary, Hamlet Boundary and
Lakeshore Node Boundary as identified and designated in the Haldimand County Official
Plan.
ll) “Restrained” in relation to a dangerous dog means being kept inside a building or house
or in an enclosed pen of sufficient dimension and strength to be humane and secure so
as to prevent a dog from coming in contact with or making a real and substantial threat
Page 18 of 41
of attack on a person other than the owner of the dog, or invitee of the owner, and
includes keeping such dog securely on a leash of not more than two (2) meters in length
when outside of such building, house or enclosed pen.
mm) “Running-at-large” shall mean any animal found at any place other than the premises
of the owner and not under control of any person and in the case of a dog or cat not on
a leash.
nn) ”Service animal” shall mean an animal for a person with a disability if it is readily
apparent that the animal is used by the owner for reasons relating to his or her
disability, or if the owner provides a letter from a physician or nurse confirming that the
owner requires the animal for reasons relating to the disability.
oo)
“Spayed” means a female dog where the ovaries and/or uterus have been removed for
which the owner produces satisfactory evidence.
pp) “Tether” shall mean a rope, chain or similar device, attached to a fixed point, used for
restraining an animal.
PART II – Interpretation
2. The requirements of this by-law are in addition to requirements contained in any other
applicable by-laws of the County or applicable provincial or federal statutes or regulations.
3. If there is a conflict between a provision of this by-law and any other by-law of the County or
a provincial or federal statute or regulation, the most restrictive in relation to the regulation of
animals prevails.
PART III – Scope
4. The provisions of this by-law apply to the entire geographic area of the County.
5. The provisions of this by-law do not apply to:
a) bees;
b) any display held by an agricultural or horticultural organization incorporated under
the Agricultural and Horticultural Organizations Act; and
c) the Killman Zoo located at 237 Unity Side Road East, Caledonia.
PART IV – Animals General
Prohibited Animals(s)
6. No person shall own, harbour, possess, keep, sell or offer for sale any prohibited animal
listed below as a pet or for any other purpose or for any period of time:
a) All Marsupialia(e.g. koalas, kangaroos, opossums and wallabies), except sugar
gliders derived from self-sustaining captive populations;
b) All Non-human Primates (e.g. chimpanzees, gorillas, monkeys and lemurs)
c) All Felids, except the Felids Domestinus (domestic Cat);
d) All Canids, except the Canis Domesticus (domestic Dog);
Page 19 of 41
e) All Carnivora (e.g. otters, wolves, bears, coyotes, foxes, tigers, leopards, cougars,
lions, lynx, mink, skunks, weasels, badgers, mongooses and raccoons), except dogs,
cats and ferrets;
f) All Anseriformes (e.g. ducks, geese, swans and screamers), except if located on
rural or agricultural premises zoned under a County zoning by-law permitting such a
use;
g) All Galliformes (e.g. pheasants, grouse, guinea fowls, turkeys, chickens and
peafowls), except if located on rural or agricultural premises zoned under a County
zoning by-law permitting such a use;
h) All Artiodactyla (e.g. cattle, goats, sheep, pigs, deer, elk, alpacas and llamas), except
if located on rural or agricultural premises zoned under a County zoning by-law
permitting such a use;
i) All Procyonids (such as Raccoons, Coatis and Cacomistles);
j) All Hyaenas;
k) All Perissodactyla (e.g. horses, donkeys, jackasses, mules, zebras and ponies),
except if located on rural or agricultural premises zoned under a County zoning bylaw permitting such a use;
l) All Proboscida (such as Elephant, Rhinoceros and Hippopotamus);
m) All Pinnipeds (such as Seals, Fur Seals and Walruses);
n) All Squamata (e.g. lizards and snakes) except:
a) non-venomous snakes where neither the female nor the male of species
exceeds or will exceed 3 metres in length from nose to tip of tail before or at
maturity; and
b) non-venomous lizards (not including Iguana) where neither the female nor the
male of the species exceeds or will exceed 2 metres in length from nose to tip of
tail before or at maturity;
o) All Families of Venomous Snakes, even if devenomized;
p) All Diurnal and Nocturnal Raptors (such as Eagles, Hawks and Owls) unless
authorized by the Ministry of Natural Resources;
q) All Birds the keeping of which is prohibited in the Migratory Birds Convention Act,
S.C. 1985, C.M.-7 and regulations thereto; and all animals the keeping of which is
prohibited in the Fish & Wildlife Conservation Act, 1997 and regulations thereto;
r) All Edentates (such as Anteaters, Sloths and Armadillos);
s) All Chioptera (such as Bats, Myotis and Flying Foxes);
t) All Crocodilians (such as Alligators, Gavials, Caymans and Crocodiles);
u) All Families of Venomous Spiders, except Tarantulas;
v) All Sciuridae (such as Flying Squirrels and Red Squirrels);
w) All Struthioniformes (e.g. ostriches, rheas, cassowaries, emus and kiwis), except
ostriches, emus or kiwis if located on rural or agricultural premises zoned under a
County zoning by-law permitting such a use.
x) All Artiodactyla (such as Antelopes, Giraffes and Hippopotamuses), but not including
domestic Sheep, Cattle, Pigs, Pot-bellied Pigs or Goats;
y) All Hyracoidea (such as all Hyrax);
z) All Pholidota (such as all Pangolin);
aa) All Dermoptera (all Lemurs);
bb) All Lagomorpha (such as Hares and Pikas), except domestic Rabbits;
cc) All Rodentia (e.g. porcupines, prairie dogs, nutria and chinchillas) except Rodentia:
a) where neither the female nor the male of the species exceeds or will exceed
1,500 grams in weight before or at maturity; and
b) that are derived from a self sustaining captive population;
dd) All other Venomous or Poisonous Animals except Grammostola rosea (Chilean
Rose), Brachypelma smithi (Mexican Red-Knee) and Avicularia avicularia (Pink-Toe)
Tarantulas.
Page 20 of 41
7. Examples of animals of a particular prohibited group in Section 6 above which are given in
parentheses. They are examples only and shall not be construed as limiting the generality of
the group.
8. Not withstanding section 6 above, no person shall keep a prohibited animal within the
municipal boundaries of Haldimand County except in the following places or circumstances:
a) in a veterinary hospital under the care of a licensed veterinarian,
b) in a public pound; or
c) by an Animal Control service of or contracted by Haldimand County, or
d) in an escape-proof enclosure, the case of any non-venomous snakes, nonvenomous lizards, insect, spider or squamata permitted under this by-law; or
e) when kept on any one (1) premise owned or occupied by them not more than five (5)
non-venomous snakes, non-venomous lizards or spiders in a residential area.
f) in a suitable enclosure, the case of any lagomorph, marsupial or rodent permitted
under this by-law; or
g) a provincially authorized wildlife custodian may keep an animal prohibited under this
by-law in accordance with the authorization.
h) nothing in this section shall restrict an owner from keeping more than the maximum
number of snakes, lizards or spiders until the snakes, lizards or spiders have died or
are otherwise disposed of and the numbers of snakes, lizards or spiders have
reduced to the point where the owner comes into compliance with this section,
provided that the owner:
i) has kept the snakes, lizards or spiders on the premise in a residential area owned or
occupied by them on or before August 9, 2010.
9. Any person who, on the date of the passage of this by-law was lawfully keeping a prohibited
animal at their place of residence or as part of their business allowing that animal to be
shown or displayed, may keep that animal until the animal has died or has otherwise been
disposed of, but only if:
a) the animal has been registered with the poundkeeper by December 31, 2013;
b) the animal remains securely at the owners place of residence, except for necessary
visits to the veterinarian’s office;
c) the animal is not shown to, or displayed to the public at their place of residence;
d) the animal is prohibited from breeding with other animals;
e) the animal is kept in accordance with the animal care provisions of this by-law;
10. Where a prohibited animal is seized or impounded under authorization of Haldimand
County, the owner shall pay to the County any and all fees, costs and charges involving the
capture, care, transportation, disposal of, veterinarian services of the animal seized or
impounded, in addition to all other fees and charges payable under this by-law.
PART V – Protective Care
11. The Poundkeeper is authorized, after making all reasonable attempts to contact the owner
of an animal or any known representative of the owner of an animal, to, and may
temporarily, receive and impound for the purposes of protective care, animals pursuant to
an eviction, incarceration, fire or medical emergency, or for any other situation that the
poundkeeper deems appropriate and shall:
a) receive and impound an animal that is being surrendered by the owner as a result of
the owner not being able to supply the animal with food, care or treatment to relieve
the animal’s distress or the keeping of an animal that is contrary to this By-law;
Page 21 of 41
b) temporarily keep such animals for a maximum of five (5) days;
c) charge the owner the current fees set out in the User Fees and Service Charges Bylaw and all costs for required veterinary medical care, when the animals are
impounded; and
d) at the end of the five (5) day protective care period, unless other arrangements are
agreed to between the owner and the County, treat such animals pursuant to the
User Fees and Service Charges By-law as day-one (1) impounded animals.
12. Where an animal is surrendered by its owner in accordance with Section 11(a) the animal
may be sold forthwith or disposed of or destroyed in a humane manner.
PART VI – Animal Care
13. Every owner who keeps an animal in the County shall provide the animal or cause it to be
provided with such food, water, exercise, appropriate shelter and veterinary care as may be
required from time to time to keep the animal in good health.
14. Every owner who keeps an animal in the County shall ensure that the animal is provided
with a clean and sanitary environment conducive to good health. Conditions may be
considered unsanitary, but not limited to, where the keeping of an animal results in an
accumulation of fecal matter, an excessive odour, insect infestation or rodent attractants
which may endanger the health of the animal or any person, or which may disturb or is likely
to disturb the enjoyment, comfort or convenience of any person in or about any dwelling,
office, hospital or commercial establishment.
15. Every owner who keeps an animal shall ensure that waste material and excrement is
handled and disposed of in a sanitary manner.
16. Every owner who keeps an animal shall remove waste material and excrement as follows:
a) not less often than weekly during the period from November 1st of one (1) year and
March 31st of the following year and not less often than every three (3) days during
the remainder of the year;
17. Sections 15 and 16 do not apply to an owner storing, removing or disposing of excrement in
accordance with Regulation 267/03 of the Nutrient Management Act, 2002.
18. No owner shall keep an animal tethered on a chain, rope or similar device of less than three
(3) metres or ten (9’10”) feet in length.
19. Section 20 of this by-law does not apply to the tethering of birds.
20. Every owner who has tethered an animal shall ensure, at all times, that the animal has
unrestricted movement within the range of the tether, and that the animal cannot suffer
injury resulting from the tethering.
21. No owner shall cause an animal to be hitched, tied or fastened to a fixed object where a
choke collar or choke chain forms part of the securing apparatus, or where a rope or cord is
tied directly around the animal's neck.
22. No owner shall cause an animal to be hitched, tied or fastened to a fixed object as the
primary means of confinement under circumstances that can be reasonably deemed to be
inhumane.
Page 22 of 41
23. No owner shall cause an animal to be confined in an enclosed space, including a car,
without adequate ventilation.
24. No owner shall transport an animal outside the passenger compartment of a vehicle unless
it is adequately confined or unless it is secured in a body harness or other manner of
fastening which is adequate to prevent it from falling off the vehicle or otherwise injuring
itself.
25. Every owner of a dog or cat sixteen (16) weeks of age or over shall ensure that the dog or
cat is duly immunized against rabies and that the immunization is current as determined by
a qualified veterinarian.
26. No person shall use, set or maintain a leg hold trap, a killing trap or a snare unless licensed
to do so by the Ministry of Natural Resources.
PART VII – Kennel Care
27. In addition to the requirements of Part VI – Animal Care, the owner of every kennel for dogs
shall ensure that:
b) all dogs are adequately fenced or caged to prevent their running-at-large;
c) no dog is kept in a cage of inadequate size;
d) all dogs are fed and watered regularly and kept in a clean, healthy condition free
from vermin and disease;
e) all droppings, soiled beddings and the like from which odour might arise are removed
not less often than weekly during the period from November 1st of one (1) year and
March 31st of the following year and daily during the remainder of the year;
f) the kennel does not, considering the proximity to a residentially used property,
become a nuisance by reason of odour, noise from barking or otherwise, and
g) the perimeter of the dog run shall be enclosed by a fence, having a minimum height
of 2 meters, and shall be of closed board construction so as to act as a visual barrier
or other natural visual barrier or construction approved by the poundkeeper around
the dog run or of closed construction if the dog run has or may become a nuisance
by reason of noise from barking or otherwise. The fence of a dog run of a licensed
kennel owner existing before this by-law came into effect complies with his section,
provided that the dog run does not become a nuisance as indicated within this
subsection.
28. Every owner who holds a kennel licence or the operator of a kennel shall not admit a dog
into the kennel unless it is immunized as recommended by the College of Veterinarians of
Ontario or the Ontario Veterinary College. If a veterinarian confirms that a kennel has an
outbreak of distemper, hepatitis, rabies, parvo virus, or any infectious or contagious disease,
the kennel may be closed forthwith and the licence suspended by a Municipal Law
Enforcement Officer, the poundkeeper, Public Health Inspector or such other person as may
be appointed by Council and/or a Police Officer. The kennel may reopen and have its
licence reinstated by Council upon a written report from the veterinarian that danger of
disease is past.
PART VIII – Kennel Prerequisites
29. A kennel licence as required in Section 36 shall not be issued to an owner unless the
location of the kennel is in accordance with and conforms to the provisions of the applicable
County Zoning By-laws.
Page 23 of 41
30. No person being the owner of a kennel shall construct, erect or maintain a kennel, except in
accordance with all other applicable by-laws of the County,
31. Every owner of a kennel shall maintain a log of all dogs contained on the premises or when
a dog is boarded or kept on the premises, the owners name and address. Such log shall be
available for review during an inspection.
32. Every owner of a kennel shall permit a Municipal Law Enforcement Officer, any other party
contracted by the County to provide animal control services, the Chief Building Official, or
his/her designate under the Building Code Act, or such other person as may be appointed
by Council and/or Police Officer to enter and inspect the Kennel at all reasonable times,
upon production of proper identification, for the purpose of determining compliance with this
by-law. Where a kennel deviates from the minimum standards established within this by-law
or established within the County’s Property Standards By-law or other applicable law, the
Manager, Building Controls & By-law Enforcement shall be at liberty to revoke the kennel
licence herein granted until such time as the Manager, Building Controls & By-law
Enforcement is satisfied that the kennel has come into compliance with the provisions of this
section. The owner of the kennel shall have a right to appeal to Council the revocation in this
regard.
PART IX – Licensing
Licensing of Dogs and Kennels
33. Every owner of a dog (16) weeks of age and older or dangerous dog shall obtain a current,
valid licence for the dog within ten (10) days following the date a dog comes into his or her
possession by making an application in the form provided by the poundkeeper.
34. Every owner of a kennel shall obtain and maintain a current, valid licence in order to operate
a kennel in the County by making an application in the form provided by the poundkeeper.
35. The owner of a dog or an owner of a kennel applying for a licence shall submit to the
poundkeeper a properly completed application together with the applicable licence fee. The
application shall include the following, as applicable:
a) the name, address and telephone number of the owner;
b) the name, breed, colour and sex of the dog;
c) the address of the premises where the dog is to be kept in the County;
d) the date of the dogs most recent rabies vaccination indicating that the immunization
is current as determined by a qualified veterinarian;
e) proof that the dog has been neutered or spayed;
f) if applicable, the details of the dog’s microchip identification;
g) if the dog is a pit bull, proof satisfactory to the poundkeeper that it is a restricted pit
bull;
h) whether the dog is attack trained or for a security service;
i) the names, addresses and telephone numbers of no more than three (3) alternate
persons who may be contacted in the case of the dog being impounded;
j) whether the dog is dangerous;
k) whether the dog is within a kennel;
l) if the application is for a kennel, the maximum number of dogs at the kennel,
excluding those dogs sixteen (16) weeks of age or under;
Page 24 of 41
m) if the application is for a new kennel, a detailed drawing of the premises showing the
location of the kennel in relation to the dwelling unit, neighbouring dwelling, dog runs,
fencing, and other buildings on the premises;
n) written permission from the registered owner of the lands where the kennel is
located, if the applicant is not the owner of the lands, confirming that such registered
owner permits the kennel use;
o) such additional information as may be required by the Poundkeeper; and
p) the applicable fee as set out in the User Fees and Service Charges By-law.
36. Every owner of a dog sixteen (16) weeks of age or over shall ensure that the dog is duly
immunized against rabies and that the immunization is current as determined by the owner’s
veterinarian who is a registered member of the Ontario Veterinary Association.
37. The poundkeeper shall not issue a license to an owner unless a valid and current rabies
certificate from a veterinary surgeon registered as a member of the Ontario Veterinary
Association under the Veterinarians Act is produced when a license is purchased.
Prescribed times, as set out by such authority shall be considered from the date a certificate
is issued by the veterinary surgeon or unless proof of a valid and current rabies
immunization is provided in the form of a sworn declaration by the owner.
38. Failure to produce or provide a rabies certificate or sworn declaration shall constitute an
offence under the provisions of this by-law and in addition to any other penalty or remedial
action provided herein, the poundkeeper shall report the failure to provide such a certificate
forthwith to the Health Authority responsible for that area.
39. Upon payment of the licence fee as set out in the User Fees and Service Charges By-law
and satisfaction of any other applicable requirements under this by-law, an identification tag
or kennel license shall be provided, which is valid for the calendar year in which the tag was
issued.
40. An application for a licence for a prohibited pit bull shall not be processed and shall be
returned to the applicant.
41. Despite Section 33 and 34, no licence shall be required under this by-law for:
a) a dog which has not been weaned and which is under the age of sixteen (16) weeks;
or
b) a dog which is temporarily kept at a kennel, if the dog, when not being kept at the
kennel, is kept at premises located outside of the County.
42. Every owner of a dog shall notify the Poundkeeper within ten (10) days and every owner of
a dangerous dog shall notify the Poundkeeper immediately, of any change in:
a) the name, address or telephone number of the owner of the dog,
b) the address of the premises where the dog is being kept by a new owner, or
c) the ownership of the dog.
43. The poundkeeper may revoke any licence issued in error.
44. No licence issued to any owner under this by-law is transferable.
45. A licence issued under this by-law shall expire on December 31st of each year.
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Licence Fee
46. The poundkeeper shall ensure that annual licenses for any year shall be available to the
public as of November 1st of the previous year, and, every owner shall procure the required
licence on or before January 1st of the year to which the licence relates.
47. No licence issued under this by-law shall be valid unless the applicable licence fee has been
paid in full as follows:
a) Any person who acquires a dog after November 1st in any year need only procure a
licence for each subsequent year, as set out in the User Fees and Service Charges Bylaw.
b) Where an owner has acquired a dog after January 1st and prior to November 1st, he/she
shall pay the applicable fee for licenses purchased prior to January 1st, as set out in the
User Fees and Service Charges By-law.
48. Every dog and kennel licence issued by the poundkeeper shall expire on December 31st of
the year for which it is issued and shall be renewable yearly.
49. Every owner of a licensed dog or kennel shall ensure that they renew the licence before it
expires, on December 31st of each year.
50. In the event the owner of a licensed dog fails to renew the licence before it expires, the
owner shall pay, in addition to the applicable licence fee, the applicable late payment fee as
set out in the User Fees and Service Charges By-law.
51. Every owner of a licensed dog by way of payment of the licence fee to renew the licence,
acknowledges that the information provided on the original application has not changed.
52. Despite any other provision under this by-law, no owner, upon providing proof satisfactory to
the poundkeeper, shall pay a fee for a licence issued for a dog that is:
a) a police animal, or
b) a service animal.
Identification Tag
53. Where a dog or kennel licence is issued under this by-law, the owner of the dog shall be
given a kennel licence number and an identification tag for each dog.
54. Upon providing the poundkeeper with satisfactory evidence that a dog is being used as a
police animal or service animal, an identification tag may be issued to the owner at no
charge.
55. Identification tags shall be sequentially numbered and shall state the year for which they are
issued. The poundkeeper shall keep a record of each identification tag issued, and such
record shall contain the name, address and telephone number of the owner of the dog, other
pertinent information regarding the dog, and the serial number of the identification tag
issued.
56. Every owner shall ensure that the identification tag corresponding to the licence issued for
their dog is attached to the dog at all times. The above does not apply to an owner of a dog
where such dog is actively participating in a sanctioned dog show, provided that the dog can
be identified by another means such as a tattoo or microchip and such identification has
been supplied to the Poundkeeper.
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57. Where a dog has been identified, an application is received and a license has been issued
for a dangerous dog or attack dog, in addition to the identification tag issued in Section 55
the poundkeeper shall provide the owner with an identification tag of a distinct colour
differentiating them from other dogs.
58. In addition to Section 56, every owner shall ensure that the identification tag of a distinct
colour noted in Section 57 is attached to the dog at all times.
59. Despite Section 56 and 58, the identification tag may be removed while the dog is being
lawfully used for hunting in the bush. Where a dog is being lawfully used for hunting in the
bush and its identification tag has been removed, the individual in control of the dog must
have the identification tag on his or her person at all times.
60. No person shall attach an identification tag to a dog for which the corresponding licence was
not issued.
61. Every owner of a dog shall ensure that a lost, damaged or destroyed identification tag is
replaced immediately.
62. The owner of a dog applying for a replacement identification tag shall submit to the
poundkeeper a properly completed application together with the applicable fee. The
application shall include proof satisfactory to the poundkeeper that a current, valid licence
has been issued for the dog.
63. Upon the death of a licensed dog, the owner can transfer the identification tag to a new dog
at no charge, but must make an application for the new dog at the office of the
poundkeeper.
64. Identification tags issued by another municipality are not recognized by the County, and as
such cannot be transferred to the County.
PART X – Number of Animals
Dog(s) and Cat(s) – Residential Area
65. No owner shall keep or permit to be kept on any one (1) premise owned or occupied by
them more than three (3) dogs in a residential area.
66. No owner shall keep or permit to be kept on any one (1) premise owned or occupied by
them more than three (3) cats in a residential area.
67. For the purposes of Section 65 and 66, an owner shall be deemed to be keeping more than
three (3) dogs or three (3) cats in a residential area if more than three (3) dogs or three (3)
cats, are kept at any one (1) premise, regardless of the ownership of the dogs and cats.
68. Notwithstanding Section 65 and 66, any owner may:
a) keep a fourth (4th) dog where such dog is part of a Foster Program or Service Animal
operated by or registered with the O.S.P.C.A. or Humane Society.
b) keep an additional three (3) cats provided that:
(i) the owner is a member of a recognized cat rescue organization, and
(ii) all cats are kept inside a separate detached dwelling unit at all times, and
(iii) the owner permits the inspection of the inside of the separate detached
dwelling unit by the Poundkeeper, an Animal Control Officer, or Municipal Law
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Enforcement Officer for the purposes of ensuring the good health and care of
the cats.
Dog(s) and Cat(s) – All Other Areas
69. On all premises, other then those premises provided for in Section 65 or those premises of a
licensed kennel , no owner shall keep or permit to be kept on any one (1) premise owned or
occupied by them more than five (5) dogs.
70. For the purposes of Section 69, an owner shall be deemed to be keeping more than five (5)
dogs at any one premise, regardless of the ownership of the dog(s).
71. Nothing in this section shall restrict an owner from keeping more than the maximum number
of dog(s) or cat(s) until the dog(s) or cat(s) have died or are otherwise disposed of and the
numbers of dog(s) or cat(s) have reduced to the point where the owner comes into
compliance with this section, provided that the owner:
a) has kept the dog(s) on the premise in a residential area owned or occupied by them
on or before January 1, 2002; or
b) who is effected by section 69, has kept the dog(s) on the premise owned or occupied
by them on the day prior to this by-law coming into effect; or
c) has kept the cat(s) on the premise owned or occupied by them on the day prior to
this by-law coming into effect, and
d) can provide proof of ownership in the form of a licence or proof to the satisfaction of
the poundkeeper; and
e) does not replace a dog or cat after it has died or otherwise been disposed of.
72. Section 65 and Section 69 of this by-law do not apply to businesses that are lawfully
operating within the County under federal and/or provincial authority, and/or are operating in
accordance with all other applicable laws and regulations, or businesses carrying on as
kennel, pet grooming and/or pet shop, subject to all requirements of law and subject to the
requirements of the Zoning By-law.
73. Notwithstanding Section 69, any owner keeping five (5) dogs may keep a sixth (6th) dog
where such dog is part of a Foster Program or Service Animal operated by or registered with
the Ontario Society for the Prevention of Cruelty to Animals (O.S.P.C.A.) or Humane
Society.
PART XI – Cats
74. Every owner of a cat in a residential area shall ensure his/her cat is identified by either:
a) a collar on which the owner’s name and address is permanently inscribed;
b) a microchip;
c) a tattoo.
75. Every owner of a cat sixteen (16) weeks of age or over shall ensure that the cat is duly
immunized against rabies and that the immunization is current.
76. No person shall feed, house, provide shelter or care for a feral cat on premises owned,
rented or under the control of the County, including any County road allowance.
Page 28 of 41
PART XII – Animal Noise
77. No owner shall permit or allow the persistent barking, calling, whining or other similar
persistent sound made by any domestic pet or any other animal kept or used for any
purpose other than agriculture which sound(s) is clearly audible at a point of reception.
PART XIII – Farm Animals
78. Nothing in this by-law shall prohibit a person from keeping domestic farm animals providing
that it is done so in compliance with the applicable Haldimand County Zoning By-laws.
PART XIV – Dog & Cat Feces
79. Every owner of a dog or cat shall immediately remove and dispose of any feces left by the
dog or cat on any premises except premises owned or occupied by the owner.
80. Every owner of an dog or cat shall, remove and dispose of any feces left by the dog or cat
on premises owned or occupied by the owner:
a) not less often than every 3 days, or
b) for the period from November 1st of one year and March 31st of the following year,
weekly or as weather permits.
81. Section 80 does not apply to a Pound, Ontario Society for the Prevention of Cruelty to
Animals or a Humane Society or their affiliated agencies.
PART XV – Animals Running-at-Large
82. No owner shall allow, permit or cause any animal to run-at-large in the County.
83. Any animal that is found running-at-large may be captured and impounded by a Municipal
Law Enforcement Officer, Animal Control Officer, or any person acting under his/her
authority.
84. Any animal captured running-at-large shall be delivered to the Poundkeeper, an Animal
Control Officer, or Municipal Law Enforcement Officer for impounding.
85. Where an animal is injured or diseased before or after being taken into custody such that in
the opinion of the poundkeeper, the Animal Control Officer or Municipal Law Enforcement
Officer it should be destroyed without delay for humane reasons or for reasons of safety to
persons or animals, the poundkeeper, the Animal Control Officer or Municipal Law
Enforcement Officer may destroy the animal in a humane manner without giving notice to
the owner or permitting any person to reclaim the animal or offering it for sale.
86. Where an animal is captured or impounded by a Municipal Law Enforcement Officer or the
Animal Control Officer, the poundkeeper, the Animal Control Officer or Municipal Law
Enforcement Officer may seek the services of a veterinarian as may be required.
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PART XVI – Dogs on County Parkland
87. No owner of a dog shall have a dog on parkland, or any part thereof, that is designated by
sign as an area where dogs are prohibited.
PART XVII – Impounded Animals
88. Where an Animal Control Officer, Municipal Law Enforcement Officer, Police Officer or any
person acting under his/her authority captures or impounds an animal running-at-large the
Animal Control Officer may in his/her discretion:
a) deliver the animal to the poundkeeper;
b) release the animal to its owner; or
c) if the animal is diseased or injured, destroy the animal.
89. The poundkeeper shall keep a record of every animal impounded, including:
a) the date it was impounded,
b) a description of the animal,
c) if applicable, the particulars of the identification tag for the animal,
d) the date of disposition, and
e) the disposition made with respect to the animal.
90. Where an animal is impounded for running-at-large, the owner of the animal shall pay to the
poundkeeper reimbursement of its expenses with respect to the animal including:
a) the redemption fees for the animal being at large and impounded, fixed at the amount
listed in the User Fees and Service Charges By-law.
b) any additional costs incurred by the County as a result of impounding an animal that
required the County to contract the services of a specialized animal handler,
c) any veterinarian fees or charges incurred with respect to the animal, and
d) costs incurred under Section 96 for having the animal spayed, neutered or implanted
with a microchip.
91. No owner shall retrieve an impounded animal from the poundkeeper without payment of the
expenses in full referred to in Section 90.
92. Every owner shall retrieve the impounded animal from the poundkeeper within ninety-six
(96) hours or four (4) days of the day on which the animal was impounded, excluding the
day of impounding and any statutory holidays.
93. Where a dog is claimed from the poundkeeper, an owner shall:
a) provide proof of current licence, or
b) obtain a current licence before the dog is released, and
c) pay the applicable impound fees prescribed for in the User Fees and Service
Charges By-law and any other damages, fines and expenses according to law.
94. Where an animal is not claimed by its owner in accordance with Section 92 the animal may
be sold forthwith or disposed of or destroyed in a humane manner.
95. Notwithstanding Sections 92 and 94, where an animal bears identification, microchip or
identification tag in accordance with this by-law, the poundkeeper shall make at least one
attempt to contact the owner in accordance with the information provided prior to selling or
otherwise disposing of the animal.
Page 30 of 41
96. Upon becoming entitled to sell or dispose of an animal, the poundkeeper may, in its
discretion, arrange to have the animal spayed or neutered and/or identified by means of a
microchip and the cost of these services shall be added to the costs recoverable from the
owner pursuant to Section 90(d).
97. The owner of a dog that has been impounded may, upon application to the poundkeeper,
claim the dog before the poundkeeper is entitled to dispose of the dog, according to the
provisions of this by-law.
98. Where a dog has been impounded and it has been alleged that the dog has bitten or
attacked a person or domestic animal and proceedings have been commenced against the
owner of the dog under the Dog Owners’ Liability Act, the poundkeeper will hold the dog
until the matter has been finally disposed of and will release the dog only in such manner
and to such person as will ensure that the decision, if any, with respect to such matters will
be complied with. Where the final disposition results in a court order under the Dog
Owners’ Liability Act, the owner of the dog shall pay the costs set out in this by-law for the
time for which the dog has been impounded regardless of whether or not the dog is
released to the owner.
99. An impounded animal not wearing an identification tag for the current year may be given an
inoculation, as recommended by a Veterinarian, to provide temporary immunization against
common diseases.
100. Where the poundkeeper is entitled to sell or dispose of an animal and receives proceeds
for the disposition, the proceeds of disposition shall be applied as follows:
a) to the costs of impounding, fixed at the amount listed in the User Fees and Service
Charges By-law;
b) veterinarian fees incurred with respect to the animal;
c) costs incurred under Section 97 for having the animal spayed, neutered or implanted
with a microchip;
d) the costs of any damage caused by the animal in trespassing or being at large on the
property of someone other than the owner; and
e) the residue, if any, to the owner if known, otherwise to the Treasurer of the County to
be added to the general revenue of the County.
101. Where any animal has or it is alleged that the animal has bitten, the animal may be
impounded by a Municipal Law Enforcement Officer, Animal Control Officer, or any person
acting under his/her authority for the purpose of quarantine.
102. The owner of any animal that is impounded by the Poundkeeper, Animal Control Officer or
Municipal Law Enforcement Officer for the purpose of quarantine as a result of an animal
bite shall pay the fees of the amount set forth in the User Fees and Service Charges Bylaw.
103. Where an animal has or it is alleged that the animal has bitten, the poundkeeper may
release the animal to the owner should the poundkeeper be satisfied that the owner is
capable of and will:
a) take steps to quarantine the animal, and/or
b) ensure that the animal will be properly contained so as not to be found running-atlarge, and/or
c) muzzle the animal,
d) take any additional steps as required by this by-law or the poundkeeper.
Page 31 of 41
PART XVIII – Biting Dog
104. No owner shall permit or allow his or her dog to bite or attack a person or domestic animal.
105. Every owner shall comply with an order issued under Section 106.
106. Where the poundkeeper, Animal Control Officer or Municipal Law Enforcement Officer has
reason to believe that a dog has bitten or attacked a person or domestic animal, the
poundkeeper, Animal Control Officer or Municipal Law Enforcement Officer may issue and
serve an Order upon the owner, requiring the owner to:
a) Leash and muzzle the dog at all times when off the owner's premises. The leash
shall not exceed one (1) meter in length and the muzzle will not cause injury to the
dog or interfere with its vision or respiration; and/or
b) At all times while the dog is on the owner's premises owned or controlled by such
person, keep the dog securely confined either indoors or in an enclosed pen or other
structure of minimum size of two (2) metres by four (4) metres capable of preventing
the entry of children and other animals and adequately constructed to prevent the
dog from escaping; and/or
c) Allow a poundkeeper, Animal Control Officer, Municipal Law Enforcement Officer or
Police Officer to inspect the pen required in Subsection 106(b) or other structure or
to make whatever inquiry is deemed necessary to ensure compliance with this
notice.
d) Conspicuously display a sign on the property where the dog is kept that states there
is a dangerous dog on the property; and/or
e) Confine the dog so to allow lawful entry onto the premises of the dog owner without
the fear of attack by the dog; and/or
f) Further restrain the dog by whatever means is deemed appropriate and reasonable
by the Animal Control Officer.
107. Upon service of the Muzzle Order referred to in Section 106 to this by-law, the owner shall
immediately muzzle the dog in accordance with the Muzzle Order.
108. The Muzzle Order referred to in Section 106 shall include:
a) a statement that the poundkeeper, Animal Control Officer, Municipal Law
Enforcement Officer or Police Officer has reason to believe that the owner’s dog has
bitten or attacked a person or domestic animal;
b) a requirement that the owner muzzle the dog;
c) a statement that the owner may request and is entitled to appeal the order of the
Poundkeeper, Animal Control Officer, Municipal Law Enforcement Officer or Police
Officer to muzzle the dog to the Appeal Committee;
d) the deadline for filing any such appeal; and
e) the fee required to be paid to appeal the order in accordance with the User Fees and
Service Charges By-law.
109. An Owner may appeal the Muzzle Order of the poundkeeper, Animal Control Officer or
Municipal Law Enforcement Officer or as otherwise required by the by-law to the Appeal
Committee. A request by the Owner for an appeal hearing shall be made in writing and
delivered to the County Clerk within fifteen (15) days of service of the Muzzle Order
referred to in Section 107. A Muzzle Order that is not appealed within fifteen (15) days
shall be deemed to be confirmed.
110. The Appeal Committee shall, if requested by the owner in accordance with Section 109,
Section 129 or Section 146, of this By-law, hold an appeal hearing to determine whether
the owner should be issued a licence, whether the dog has bitten or attacked a person or a
Page 32 of 41
domestic animal and whether or not such dog shall be exempted from the Muzzle Order,
the Muzzle Order shall be modified in some manner, and/or conditions be imposed in
addition to the Muzzle Order.
111. At least seven (7) days prior to holding the hearing referred to in Section 110, the Appeal
Committee shall cause a notice of hearing to be served on the owner who has requested
the hearing.
112. The notice of hearing shall include:
a) a statement of the facts which lead the poundkeeper, Animal Control Officer,
Municipal Law Enforcement Officer or Police Officer to believe that the owner’s dog
has bitten or attacked a person or animal, along with a copy of any evidence;
b) a statement of the facts which lead the poundkeeper to refuse to issue, suspend or
revoke a license;
c) a statement setting out the time and place at which the Appeal Committee will hold
the appeal hearing; and
d) a statement that if the owner does not attend the hearing, the Appeal Committee will
proceed with the hearing in the absence of the owner and the owner will not be
entitled to any further notice of the proceedings.
113. Notwithstanding that an owner has appealed the Muzzle Order; this does not stay the order
requiring the muzzling of the dog.
114. The Appeal Committee shall have regard to the following matters where relevant, as may
be raised at a hearing:
a) This by-law, the Dog Owner’s Liability Act and any other applicable law;
b) the dog's past and/or present temperament and behaviour;
c) the seriousness of the injuries caused by the bite(s) or attack;
d) unusual contributing circumstances or mitigating factor(s) tending to justify the dog's
action;
e) the likelihood that a similar attack will be repeated;
f) the dog's physical potential for inflicting harm;
g) precautions taken by the owner to preclude similar attacks in the future;
h) the seriousness of convictions under this by-law; and
i) the steps taken by the owner to comply with the by-law and avoid further violations.
115. At the time and place set forth in the notice referred to in Section 112, the owner and any
other interested party, including the poundkeeper, Animal Control Officer, Municipal Law
Enforcement Officer or Police Officer, shall present any relevant evidence and the Appeal
Committee shall consider the matters listed in Section 114, and all of the evidence and shall
make a decision:
a) that the dog has bitten or attacked a person or animal or has not bitten or attacked a
person or domestic animal;
b) to order the dog to be muzzled;
c) to modify a muzzle order in some manner;
d) to quash an order to muzzle a dog; and/or
e) to impose conditions in addition to any license or muzzle order, and/or
f) to deny or suspend a license.
116. Notice of the Appeal Committee’s decision shall be served on the Owner, poundkeeper,
Animal Control Officer, Municipal Law Enforcement Officer or Police Officer, and the
decision shall be final and binding on the owner and shall supersede that of the
poundkeeper, Animal Control Officer, Municipal Law Enforcement Officer or Police Officer.
Page 33 of 41
117. Nothing in this by-law, nor any decision of the Appeal Committee shall preclude the court or
other tribunal of competent jurisdiction from imposing a Muzzle Order or other similar Order
under any other applicable Regulation. The Muzzle Order shall terminate when the court or
other tribunal of competent jurisdiction makes a decision respecting the Muzzle Order.
118. The owner shall comply with the decision of the Appeal Committee or that of the
poundkeeper, Animal Control Officer, Municipal Law Enforcement Officer or Police Officer if
not appealed under this by-law.
119. Where a dog has been ordered to be muzzled under Section 106 or section 124 of this bylaw, a record of the dog’s identification, including the name of the owner, will be recorded in
a register maintained by the poundkeeper.
120. Every person who keeps a dog that requires muzzling pursuant to this by-law shall
immediately notify the poundkeeper, Animal Control Officer or Municipal Law Enforcement
Officer after he/she has transferred ownership of the dog to any other person or jurisdiction,
or has begun to keep the dog at a new location.
PART XIX – Dangerous Dog
121. The poundkeeper, Manager, Building Controls & By-law Enforcement or his/her designate,
Animal Control Officer or Municipal Law Enforcement Officer shall have the authority to
designate a dog as a dangerous dog, make whatever inquiry is deemed necessary to
determine if a dog is a dangerous dog and are to take into consideration any mitigating
factor.
122. Every person who owns or keeps a dangerous dog shall, pursuant to section 33, procure a
dangerous dog licence in accordance with the fees set out in the User Fees and Service
Charges By-law.
123. Every person who owns or keeps a dangerous dog shall keep the dangerous dog
restrained in accordance with the provisions of this by-law.
124. Every person who owns or keeps a dangerous dog shall ensure that:
a) such dog is spayed or neutered;
b) at all times when off the owner's property the dog shall be muzzled;
c) at all times when off the owner's property, the dog shall be on a leash not longer than
one (1) metre and under the control of a responsible person over the age of eighteen
(18);
d) when such dog is on the property of the owner, it shall be either securely confined
indoors or in a securely enclosed and locked pen or structure, suitable to prevent the
escape of the dangerous dog and capable of preventing the entry of any person not
in control of the dog. Such pen or structure must have minimum dimensions of two
(2) metres by four (4) metres and must have secure sides and a secure top. If it has
no bottom secured to the sides, the sides must be embedded into the ground no less
than thirty (30) centimetres deep, (1 foot). The enclosure must also provide
protection from the elements for the dog. The pen or structure shall not be within one
(1) metre of the property line or within three (3) metres of a neighbouring dwelling
unit. Such dog may not be chained as a means of confinement;
e) a sign is displayed at each entrance to the property and building in which the dog is
kept warning in writing, as well as with a symbol, that there is a dangerous dog on
the property. This sign shall be visible and legible from the nearest road or
thoroughfare;
Page 34 of 41
f)
a policy of liability insurance, satisfactory to the municipality, is in force in the amount
of at least one (1) million dollars. This policy shall contain a provision requiring the
County and the poundkeeper to be named as an additional insured for the sole
purpose of the County and the poundkeeper to be notified by the insurance company
of any cancellation, termination or expiration of the policy;
g) for the purpose of identifying such dog as dangerous, the owner, at his/her expense
shall have implanted in such dog a microchip and provide such microchip information
to the shelter;
h) the dog is confined so as to allow lawful entry onto the premises of the dog owner
without the fear of attack by said dog;
i) if said dog is loose, unconfined, attacked, died, sold or given away, the poundkeeper
must to be notified immediately and the poundkeeper be provided with name,
address and telephone number of the new owner; and
j) the dog is further restrained by whatever means deemed appropriate and reasonable
by the Animal Control Officer or Municipal Law Enforcement Officer.
125. Where a dangerous dog or potentially dangerous dog is not restrained and the owner or
custodian cannot be readily located, an Animal Control Officer or Municipal Law
Enforcement Officer may, if necessary, remove the dog from the property for public safety.
126. If the owner of a dog that has been designated as dangerous is unwilling or unable to
comply with the requirements of section 124, and the owner has surrendered the dog to the
poundkeeper, the dog shall then be humanely euthanized by the poundkeeper, or licensed
veterinarian, after a ten (10) day holding period.
127. Any dog that has been designated as a dangerous dog under this by-law may not be
offered for adoption.
128. The cost of humanely euthanizing a dangerous dog will be at the owner's expense.
129. The owner of a dangerous dog may request a hearing pursuant to Section 110 to the
Appeal Committee which may exempt the owner from muzzling as required by this by-law.
130. Any requirement to muzzle a dog pursuant to this by-law may only be appealed once.
131. No owner shall keep a dangerous dog in the County if the dangerous dog has been found
running-at-large in the County or not restrained when on the premises of the owner of the
dangerous dog, or not restrained in accordance with written directives of an Animal Control
Officer.
PART XX – Enforcement
132. This by-law shall be enforced by the poundkeeper, Animal Control Officers, Municipal Law
Enforcement Officers or Police Officers.
133. For the purpose of ensuring compliance with this by-law, the Animal Control Officers,
Municipal Law Enforcement Officers, or Police Officers may, at all reasonable times, enter
upon and inspect any land to determine whether or not the following are being complied
with:
a) this By-law;
b) a direction or order made under this by-law; or
c) a prohibition order made under s. 431 of the Municipal Act, 2001.
Page 35 of 41
134. Animal Control Officers, Municipal Law Enforcement Officers or Police Officers may, for the
purposes of the inspection under Section 133:
a) require the production for inspection of documents or things relevant to the
inspection;
b) inspect and remove documents or things relevant to the inspection for the purpose of
making copies or extracts;
c) require information in writing or otherwise as required by the officer from any person
concerning a matter related to the inspection; or
d) alone or in conjunction with a person possessing special or expert knowledge, make
examinations or take tests, samples or photographs necessary for the purposes of
the inspection.
135. Any cost incurred by the County in exercising its authority to inspect under Subsection
135(d) including but not limited to the cost of any examination, test, sample or photograph
necessary for the purposes of the inspection, shall be paid by the owner or occupant of the
property where the inspection takes place.
136. An Animal Control Officer, Municipal Law Enforcement Officer, or Police Officer may
undertake an inspection pursuant to an order issued by a provincial judge or justice of the
peace under Section 438 of the Municipal Act, 2001 where he or she has been prevented
or is likely to be prevented from carrying out an inspection under Sections 133 and 134.
137. An Animal Control Officer, Municipal Law Enforcement Officer, or Police Officer may make
an Order, sent by prepaid regular mail to the last known address, posted on-site or
personally delivered to an owner, person or occupant requiring the owner, person or
occupant within the time specified in the Order to:
a) discontinue the contravening activity, and/or
b) do work to correct the contravention.
138. An Order may be served on the owner personally by handing it to the owner, but where the
Order cannot be given or served by reason of the owner’s absence from the owner’s
property or by reason of evasion of service, the order may be given or served:
a) by handing it to an apparently adult person on the owner’s property;
b) by posting it in a conspicuous place upon some part of the owner’s property and by
sending a copy by ordinary mail; or
c) by sending it by prepaid registered mail to the owner at the address where he/she
resides.
139. If an Order is served by registered mail, the service shall be deemed to have been made on
the fifth (5th) day after the day of mailing.
140. An Order under Section 137 shall set out:
a) reasonable particulars of the contravention adequate to identify the contravention
and the location of property on which the contravention occurred;
b) the work to be completed; and
c) the date(s) by which the work must be complete.
141. Where an owner contravenes an Order issued under Section 137, the Animal Control
Officers or Municipal Law Enforcement Officers may, without notice to any owner, cause
the work to correct the contravention to be done at each owner’s expense. Without
limitation, the Animal Control Officers or Municipal Law Enforcement Officers may retain
such persons to assist in completing the work as the poundkeeper, Animal Control Officers
or Municipal Law Enforcement Officers determine appropriate.
Page 36 of 41
142. Upon completion of the work to correct the contravention by or on behalf of the County, the
County shall have a lien on the land for the amount spent on the work to correct the
contravention and the amount shall be deemed to be municipal property taxes and may be
added to the tax roll and collected in the same manner and with the same priority as
municipal property taxes as provided for by statute.
143. Each owner is jointly and severally liable to the County for all costs incurred in any way
related to work done to correct the contravention for the purpose of Section 141 including,
without limitation, interest as per County policy.
PART XXI – License Appeal
144. The poundkeeper may refuse to issue a licence to an owner under this by-law, or may
suspend or revoke a licence already issued, if the licensee has:
a) two (2) or more convictions under this by-law within the preceding twelve (12)
months, or
b) the licensing issuer has reasonable concerns that the licensing will not comply with
the provisions of this by-law, or
c) the licensee or applicant refuses to permit an inspection of the kennel, or
d) had a veterinarian confirm an outbreak of any diseases in the kennel that would
require a quarantine of the dogs from other dogs or people.
145. Where the poundkeeper refuses to grant a licence, suspends or revokes a licence under
this by-law, the applicant or owner may appeal this decision to the Council of the
Corporation by filing with the County Clerk, an appeal in writing, of the said decision within
fifteen (15) days of being notified of the decision of the Issuer of Licenses.
146. A request by the owner for an appeal hearing and the hearing shall be in accordance with
Section 110.
PART XXII – Obstruction
147. No person shall hinder or obstruct, or attempt to hinder or obstruct a poundkeeper, Animal
Control Officer, Municipal Law Enforcement Officer or Police Officer in carrying out his or
her duties as described under this by-law.
PART XXIII – Penalty
148. Each person who contravenes any provision of this by-law is guilty of an offence.
149.
a) Every person who contravenes any of the provisions of this by-law, and if the person
is a corporation, every director or officer of the corporation who knowingly concurs in
the contravention, is guilty of an offence and on conviction is liable,
(i) On a first conviction to a fine of not more than $25,000; and
(ii) On a subsequent conviction to a fine of not more than $10,000 for each day
or part thereof upon which the contravention has continued after the day on
which the person was first convicted.
b) Despite subsection 149 a), if the person is a corporation, the maximum penalty that
may be imposed is,
(i) On a first conviction a fine of not more than $50,000; and
Page 37 of 41
(ii) On a subsequent conviction a fine of not more than $25,000 for each day or
part thereof upon which the contravention has continued after the day on
which the corporation was first convicted.
PART XXIV – Exemptions
150. This by-law shall not apply to an animal hospital, a clinic or a kennel which is lawfully
operated and supervised by a veterinarian who is a registered member of the Ontario
Veterinary Association.
151. This by-law shall not apply to the Ontario Society for the Prevention of Cruelty to Animals.
152. This by-law shall not apply to a pound.
153. The requirement for dog licensing within this by-law, shall not apply to pet shops.
154. The requirement for dog licensing, within this by-law, shall not apply to dogs maintained in
a zoo, fair, exhibition, dog show or circus operated or licensed by a municipal or other
government authority where such dogs are licensed elsewhere.
155. The requirement for dog licensing fees within this by-law, shall not apply to police service
dogs or other specially trained dogs used for investigative purposes while under the
Ownership of any police service or other federal, provincial or municipal agency.
156. The requirement for dog licensing within this by-law, shall not apply to dogs maintained at a
research facility registered under the Animals for Research Act.
PART XXV – Severability
157.
Where a Court of competent jurisdiction declares any section or part of a section of this
by-law invalid, the remainder of this by-law shall continue in force unless the Court
makes an Order to the contrary.
PART XXVI – Repeal of Existing By-laws
158.
By-laws 163/01, 261/02 and 691/06 are hereby repealed.
READ a first and second time this 3rd day of September, 2013.
READ a third time and finally passed this 3rd day of September, 2013.
MAYOR
CLERK
Page 38 of 41
THE CORPORATION OF HALDIMAND COUNTY
By-law No. /13
Being a by-law to amend By-law No. 1327/12, Schedule “B” to
establish user fees and service charges
WHEREAS Section 391(1) of the Municipal Act, S.O. 2001 c.25, as amended, (the “Act”)
provides that a municipality may pass by-laws imposing fees or charges for services or activities
provided, for costs payable for services or activities provided or done by or on behalf of the
municipality and for use of its property including property under its control;
AND WHEREAS the Council of The Corporation of Haldimand County now deems it expedient
to amend By-law No. 1327/12, establishing user fees and charges for the Corporation of
Haldimand County so as to revise fee schedule “O” to establish a change in user fees;
NOW THEREFORE, the Council of The Corporation of Haldimand County enacts as
follows:
1.
THAT Schedule “O” of By-law No. 1353/13 identified as By-Law Enforcement, be
repealed and Schedule “O”, as attached hereto and to form part of this by-law be added
to form By-law 1327/12;
2.
THAT this by-law to take force and effect on the date of passing;
3.
AND THAT this by-law shall take precedence over any by-law with which it is
inconsistent.
READ a first and second time this 3rd day of September, 2013.
READ a third time and finally passed this 3rd day of September, 2013.
MAYOR
CLERK
Page 39 of 41
Page 40 of 41
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PED-BC-03-2013 - Haldimand County

Transcription

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