Iroquois Falls Legislation - Dogs

THE CORPORATION OF THE TOWN OF IROQUOIS FALLS
BY-LAW NO. 2688/97

"A By-Law to provide for the licensing, regulation, and registration of dogs."

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WHEREAS The Dog Owners Liability Act, The Animals for Research Act, The Pounds Act and The Municipal Act, contain certain provisions relating to dogs, including provisions enabling municipalities to pass By-Laws relating to dogs;

AND WHEREAS It is considered desirable to pass a by-law, to provide for the licensing, regulation, and registration of dogs within the limits of the Corporation of the Town of Iroquois Falls.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF IROQUOIS FALLS ENACTS AS FOLLOWS:-

TITLE

1. This By-Law may be referred to as "The Dog Control By-Law."

DEFINITIONS

2.

1. "Animal Control Officer" shall mean the person or persons, appointed by the Council of the Corporation of the Town of Iroquois Falls.
2. "Dog" means any member of the species Canis Familiaris.
3. "Guide Dog" means a dog that is trained to aid the blind and actively in use for such purposes.
4. "Kennel" means:
1. A place or confine where purebred dogs are bred and raised and registered in the Register for the Canadian Kennel Club Incorporated, or,
2. A place or confine where dogs are bred or raised as a recognized class, or as a class designated as "purebred" in the regulations of the aforesaid Club.
5. "Licence" for the purpose of this by-law shall be deemed to be the receipt issued by the Treasurer of the Corporation of the Town of Iroquois Falls or his authorized agent, upon payment of the appropriate tax or licence fee.
6. "Owner" shall include any person who possesses or harbours animals, and owns or owned shall have a corresponding meaning and shall include a person or persons who are temporarily the keeper of animals.
7. "Person" shall mean any individual, firm, incorporated group, business entity or club to whom the context can apply.
8. "Police Work Dog" shall mean a dog trained to aid law enforcement officers and is actually being used for police work purposes for the protection of the public, including the investigation of crime and the apprehension of law violators.
9. "Pound" shall mean such premises and facilities designated by the Council of the Corporation of the Town of Iroquois Falls as a Town Pound.
10. "Poundkeeper" shall mean a person or persons appointed by the Council of the Corporation of the Town of Iroquois Falls to maintain and administer the pound.
11. "Purebred" shall mean bred from stock having no admixture as certified by a competent authority.
12. "Regulations" means the regulations made under The Municipal Act R.S.O., 1990, Chapter M.45, Animals for Research Act, R.S.O., 1990, Chapter A.22, Dog Owners Liability Act, R.S.O., 1990, Chapter D.16 and The Pounds Act, R.S.O., 1990, Chapter P.17 and The Health Protection and Promotion Act, R.S.O., 1990, Chapter H.7.
13. "Society" or "Humane Society" means the branch of the Ontario Humane Society, (Ontario Society for the Prevention of Cruelty to Animals).
14. "Supply Facility" means premises, other than a research facility, that are used for the breeding and rearing of animals pursuant to a contract between the operator thereof and the operator of a research facility.

DOG LICENSING, REGULATION AND REGISTRATION

3.

1. Every person and resident in the Corporation of the Town of Iroquois Falls, who is the owner of a dog, shall register said dog and procure a licence from the Corporation and pay to the Corporation the license fee calculated in accordance with Schedule "A" attached to this By-Law.
2. On payment of the licence fee in accordance with sub-section (a) of this section, the Corporation of the Town of Iroquois Falls or its authorized agent, shall issue for each dog so registered, a serial numbered licence tag and shall cause the name of the owner, his or her address, and the number of his or her permit, to be entered in a book to be kept for that purpose.
3. Every owner shall affix to his or her dog the licence tag issued in accordance with subsection (b) of this section and shall keep such tag affixed on the dog at all times.
4. No licence tag or registration under this section shall be transferable and the licence tag shall expire and become void upon the sale, death, or other disposal of the dog.
5. No person other than the owner or his agent shall remove the licence tag from the dog.
6. The replacement fee for a lost licence tag is set out in Schedule "A" to this By-Law.

SUPERVISION

4.Any person who is so required by the Corporation of the Town of Iroquois Falls, or its authorized agent, shall forthwith deliver to the Corporation of the Town of Iroquois Falls, or its authorized agent, a statement in writing showing the number of dogs owned by such person or which are habitually kept upon the premises for which such person is assessed as owner or otherwise.


RESTRICTIONS

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1. No person shall keep more than a total of three dogs in any residential, commercial or industrial zone within the Corporation of the Town of Iroquois Falls.
2. This section does not apply to:
3. The operation of a kennel for the purpose of breeding or boarding animals,
1. An animal hospital owned and operated by a veterinarian licensed by the Ontario Veterinarian Association,
2. A pet store,
3. An Ontario Humane Society shelter, or the Pound, which complies with the Iroquois Falls Zoning By-Law,
4. Registered sled dog owners located in rural area and registered with the Corporation of the Town of Iroquois Falls.

KENNELS

6.Notwithstanding the provisions of Section 3, Subsection (a) of this By-Law, the owner of a kennel of purebred dogs, duly registered in the Register of the Canadian Kennel Club Incorporated, may pay a total annual licence fee of twenty-five ($25.00) dollars in lieu of the licence fee imposed by Section 3 aforesaid, if he produces to the Corporation of the Town of Iroquois Falls, or its authorized agent, a certificate of such registration signed by the keeper of such Register, or a certified extract from such Register, showing that all dogs kept within such kennel are so registered, and provided further, that the owner of such kennel holds a current kennel licence issued by the Corporation of the Town of Iroquois Falls.

7.Any new applicant for a kennel licence for a kennel not previously licensed, must first obtain clarification that the property location of such kennel complies with the requirements of the Town of Iroquois Falls Zoning By-Law.


CONTROL OF DOGS

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1. Within the urban area of the municipality, the owner of a dog is to keep the dog leashed and under the control of some person when the dog is on land in the municipality other than that of the owner, unless prior consent is given by the person owning the land on which the dog is found.
2. No person who owns, harbours or possesses any dog shall allow the dog to run at large, or trespass on private property even when on a leash.
3. For the purposes of this by-law a dog shall be deemed to be running at large if found in any place other than the premises of the owner of the dog.
4. A dog shall not be considered to be running at large if it is a guide dog or a police work dog, or if it is a hunting dog accompanied by the harbourer or other responsible adult and is actively engaged in hunting or training for hunting, on unposted land, or on posted land with the permission of the owner.
5. Any dog running at large contrary to the provisions of this by-law may be captured by the Animal Control Officer and impounded.
6. Any person may capture any dog running at large and trespassing on his property and deliver same to the Animal Control Officer, who shall impound the said dog.
7. An Animal Control Officer or other duly appointed officer, may enter on any public property, or on private property with the consent of the owner or tenant of the property, for the purpose of catching any dog running at large contrary to the provisions of this by-law.
8. For the impounding of all dogs under the provisions of this by-law, a Pound shall be established which complies with the Regulations made pursuant to the Animals for Research Act and under the care and control of the poundkeeper, whose duty it shall be to impound all dogs brought to him or her or found by him or her to be running at large contrary to this by-law, and which have not been returned to their owner and to dispose of the same as hereinafter provided. He or she shall also keep a record of all dogs impounded and how disposed of, and make a return, as required, to the Council of the Corporation of the Town of Iroquois Falls, or such Officer as may be designated by the said Council, showing the number of dogs impounded, how disposed of and the amount collected for poundage fees.
9. It shall be the duty of the person appointed for that purpose, to capture all dogs running at large contrary to this by-law and to impound same, where they shall be confined, subject to the right of the owner to redeem the dog within seventy-two (72) hours from the time of impounding, exclusive of holidays and the day of impoundment, by paying to the poundkeeper the poundage prescribed in Section 9 of this by-law and, in the event the same are not redeemed within seventy-two (72) hours as aforesaid, the dog shall become the property of the Town of Iroquois Falls who may dispose of it as the poundkeeper deems fit, and in that event, no damages or compensation shall be recovered on account of its disposal.
10. Where a dog captured under this section is injured or should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Animal Control Officer or other duly appointed Officer can destroy the dog in a humane manner as soon after capture as he or she thinks fit without permitting any person to reclaim the dog and in that event no damages or compensation shall be recovered on account of its destruction.
1. In addition to any other fees or penalties which may be imposed under this by-law, if a person within a period of six (6) months is convicted on more than three (3) separate occasions of a breach of this by-law, the Convicting Authority may cancel all licenses held by such person under the provisions of this by-law, and on cancellation of a licence, such person shall not be issued a further licence for a period of twelve (12) months from the date of such cancellation.
11. It shall and may be lawful for the Mayor at any time at his discretion with the assent of Council of the Corporation of the Town of Iroquois Falls, and with the direction of the Medical Officer of Health whenever claims are being made upon the Town Treasurer for damages from loss of sheep killed by dogs or whenever the disease of rabies is prevalent, to issue a proclamation directing all dogs to be confined, tied up or muzzled for a limited period of time to be named in such proclamation, within the Town and during the period of time so named in such proclamation, it shall and may be lawful for an Animal Control Officer to destroy or tranquillize any dog which may be at large or is suspected of being rabid during such period.
12. Any dog which has a propensity to bite any person, dog, or any other domestic animal, or has bitten a person shall be controlled at all times.
13. Where a dog is alleged to have bitten any person, dog or any other domestic animal, such dog may be impounded on the order of the Animal Control Officer and held by the Poundkeeper until the proceedings referred to in the Dog Owners Liability Act, the Health Protection and Promotion Act, and The Municipal Act have been complied with.
14. Any person who owns, harbours or possesses any dog, shall not allow the dog to defecate anywhere on property other than that of the owner unless the owner ensures that the excreta is removed and disposed of in a sanitary manner.
15. When a dog is known to have bitten a person, the Medical Officer of Health may order the agent for the Corporation of the Town of Iroquois Falls to confine the dog under supervised quarantine for a period not to exceed ten days, pursuant to the Health Protection and Promotion Act.
16. Any dog known to be rabid or suspected of being rabid shall be placed in quarantine, or it shall be destroyed in such a manner that the brain is not damaged and the head shall be submitted to a laboratory for diagnosis.
17. It shall be the duty of the Poundkeeper to care for all animals, after they have been impounded, in accordance with the regulations made pursuant to the Animals for Research Act.

PENALTIES

WHERE DOG NOT IMPOUNDED

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1. Where an Animal Control Officer is unable to seize any dog found to be running at large contrary to this By-Law and the owner of such dog is known to the Animal Control Officer, a Violation Notice of $53.00 may be served by the Animal Control Officer on such owner who may pay such violation directly to the Corporation of the Town of Iroquois Falls or its authorized agent within seven day of notification by the Animal Control Officer of the occurrence committed under the By-Law as aforesaid.
2. The payment of a Violation Notice as set out in this section is a voluntary out of court settlement and, if payment is not made in accordance with this section, a fine imposed pursuant to this By-Law is recoverable under the Provincial Offences Act.

1. Subject to Subsection (e) of this section, an Animal Control Officer or a Peace Officer may:
1. seize and impound any dog found running at large;

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2. restore possession of the dog to the owner thereof where;
1. The owner claims possession of the dog within seventy-two hours (exclusive of statutory holidays and Sundays) after the date of seizure; and
2. The owner pays to the Treasurer of the Corporation of the Town of Iroquois Falls, a pound fee of fifteen ($15.00) dollars plus a fine of $53.00 plus costs if paid out of court, plus a maintenance sum of five ($5.00) dollars for each day subsequent to the day of seizure that the dog remains impounded.
2. Where a dog seized and impounded is injured or should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Animal Control Officer or the Peace Officer may destroy the dog in a humane manner as soon after seizure as he or she thinks fit without permitting any person to reclaim the dog, and in that event, no damages or compensation shall be recovered on account of its destruction.

10. Any person who contravenes any provision of this By-Law is, upon conviction, liable to a fine not exceeding five thousand dollars exclusive of costs for each offence, and every such fine is recoverable under the Provincial Offences Act.

11. Each day a violation continues shall be deemed to be a separate offence.

12. That By-Law No. 2583/94 be and is hereby repealed.

13. This By-Law comes into force and effect thirty (30) days after the date of the final passing thereof.

Read a FIRST AND SECOND time this 3^rd., day of February, 1997.

Read a THIRD time and passed this 3^rd., day of February, 1997.

SCHEDULE "A" TO BY-LAW, ANIMAL LICENCE FEE

SCHEDULE 1 TO BY-LAW NO. 2688/97

"A By-Law to provide for licencing, regulation, and registration of dogs."