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By-law No. 1998-046 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 98-46 BEING A BY-LAW TO LICENCE AND REGULATE DOGS WHEREAS Section 210 of the Municipal Act R.S.O. 1990, M.45 provides that by-laws may be passed by Councils of local municipalities for prohibiting or regulating the licensing and regulating of dogs within the municipality or defined areas thereof; THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: Section I- Definitions In this By-law: a) `By-law Enforcement Officer" means an officer who is appointed by Council and whose duties include the enforcement of this By-law; b) "dog" means any dog, male or female, but does not include a guide dog within the meaning of the Blind persons Act, R.S.O. 1990, B.7, or a police work dog; c) "dwelling unit" shall mean a suite of two or more habitable rooms occupied by not more than one household, in which sanitary and culinary facilities are provided, with an independent entrance, either directly from outside the building in which it is situated or from a common corridor inside the building in which it is situated; d) "keeps" shall mean own, possess or harbour; e) " kennel" means(i) a place or confine where purebred dogs are bred and raised and registered in the Register for the Canadian Kennel Club Incorporated; or(ii) a place or confine where dogs are bred or raised as a recognized class, or as a designated use "purebred" in the regulations of the Club; f) "pound" shall mean such premises and facilities designated by the Corporation of the Municipality of Bayham as the Municipal Pound; g) "license agent" means an agent who is appointed by Council and whose duties include the issuance of licenses; h) "owner" includes any person who possesses or harbours a dog for any period of time; and "owns" or"owned" have a corresponding meaning; i) "public places" includes a highway within the meaning of the Highway Traffic Act, R.S.O. 1990,H.8, a park within the meaning of the Public Parks Act, R.S.O. 1990, P.46, recreation area, playground, municipal property or any other place to which the public is customarily admitted; j) "running at large" means to be found in any place other than the premises of the owner of the dog and not under control of any person; Section II- Licensing 2. No person shall own, possess or harbour a dog unless a licence has been issued under this by-law. 3. The Council will appoint and authorize a dog-licensing officer to issue licences required under this by-law, and every such licence shall be executed on behalf of the Corporation of the Municipality of Bayham. Canine Control By-law -2- By-law 98-46 4. The owner of any dog within the limits of the Municipality of Bayham shall cause such dog to be registered with the Corporation and shall be furnished with a dog tag on payment of the annual licence fee. 5. The owner shall keep such tag furnished securely fixed on the dog at all times during the year and until the owner procures a tag for the following year. A tag may be removed while the dog is being lawfully used for hunting in the bush. 6. All dogs shall be registered and licence fees paid for on or before June 30th in any given year. All licence fees shall be due and owing after that date. 7. A licence and dog tag shall expire on the 31st day of December in the year in which the same is issued. 8. Where owners of any dog have moved into the limits of the Municipality of Bayham and have purchased previously a current licence and have affixed a dog tag from another municipality, the Corporation shall consider the dog to be registered for the year in which the same was issued. 9. No dog tag issued shall be transferable and no tag shall be used upon a dog other than the dog for which it was issued. 10. Owners shall supply the dog licensing officer or Municipal Official with a description of each dog, sufficient to identify such dog and a record shall be kept showing the name and address of the owner and the serial number of the dog tag furnished. 11. The following annual licence fees shall be paid to the dog-licensing officer or Municipal Official by the person obtaining the licence at the time the licence is issued. (a) For each dog Fifteen Dollars ($15.00) 12. Where a dog tag has been lost a replacement tag shall be issued at no cost upon proof that the current year's licence fee has been paid. 13. Notwithstanding the provisions of Section 12, a kennel under the "Animal Pedigree Act" and/or as defined under this by-law shall pay an annual licence fee of$50.00 instead of a licence fee for each dog. 14. The dog licensing officer is designated to keep a book in which shall be recorded the name of the owner of every dog registered under the provisions of this by-law, the date of such registration, the description of the dog, the registration number and amount of fee paid in accordance with Section 210 Sub-Section 11 (c) of the Municipal Act, R.S.O. 1990, Chapter M.45. Section III—Enforcement This By-law may be enforced by the By-law Enforcement Officer upon receipt of a written and signed complaint of alleged violation of this By-law from a citizen or ratepayer of the Municipality of Bayham directly affected by the alleged violation. Section IV—Offences 1. No person shall suffer, allow or permit a dog of which that person is the owner to run at large, a) on any private property without the consent of the person apparently in possession or having ownership of the property, or b) in a public place. Canine Control By-law -3 - By-law 98-46 2. No owner of a dog and no person who has a dog under that person's control shall permit the dog to enter upon private property or remain on private property without the consent of the owner of the property. 3. Every owner of a dog and every person who has a dog under his or her care, custody or control shall restrain or cause the dog to be restrained on a leash where the dog is at any place other than, a) on the property of the owner, or b) on the property of any person with the consent of that person. 4. No owner of a dog shall suffer or permit any such dog to fight with another dog, or any other animal, or to do any damage whatsoever in any place, building or convenience to which the public has or is permitted to have access, including any highway, street, lane, park or public place or resort or of amusement. 5. Removal of Canine Waste a) Any person who owns, harbours or possesses any dog shall forthwith remove and sanitarily dispose of any excrement of the said animal, b) Every person having control of a dog shall forthwith remove any feces left by such dog on any highway or public park or public area within the boundaries of the Municipality of Bayham, c) Any yard or pen where a dog or dogs are allowed to run, shall be kept in a clean and sanitary condition and all droppings, manure, refuse or dropped or scattered feed shall be removed by the owner or keeper at least every three (3) days and such refuse resulting from the keeping of such dog or dogs shall be removed from the premises as to prevent odour arising therefrom. 6. No person shall, a) keep more than three (3) animals in a dwelling unit in all of Bayham, unless otherwise designated as a kennel; b) fail to keep feed or animal food in a rodent-proof container; c) be under the age of twelve (12) years of age when in care and/or control of a dog or dogs. 7. Any person who owns, harbours or possesses any dog shall not allow said animal to make any noise which unduly disturbs the peace, quiet, comfort and repose of any individual in any dwelling house, hotel or any other type of residence. 8. Any person who owns, harbours, possesses or is in the care and/or control of any dog shall not allow said animal enter upon the Municipal East Beach in Port Burwell. 9. Any person who owns, possesses or harbours any dog must provide suitable and adequate shelter, a) "adequate shelter" means a structure capable of shedding rain water, protecting the dog from wind, be situated in a well drained area and be of a size suitable to the size of the dog which the said shelter is intended to house, b) the size of the said shelter stated in Section III Part 9, Subsection i), shall be large enough to allow the dog to stand, lay down and turn around in a 360 degree circle. Canine Control By-law - 4- By-law 98-46 10. 1. In this Section "dangerous dog" means a dog which, without provocation, has bitten or has attacked or has made a real and substantial threat of attack on a person or a domestic animal, or demonstrated a propensity to do so, provided that a dog shall not be deemed to be a dangerous dog if the bite, attack or threat of attack was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the dog, or was committing or attempting to commit a crime. 2. Every person who owns or keeps a dangerous dog shall keep the dangerous dog restrained when on the premises of the owner of the dangerous dog. 3. The owner of a dangerous dog shall at all times, when the dog is outside the boundaries of the owner's lands, keep the dog muzzled and it shall be securely leased to the owner of the dog on a leash not longer than 2 feet in length. 4. Every person who is obligated to restrain a dangerous dog pursuant to paragraph 3 above shall restrain the dangerous dog in accordance with any written directives, which may be given by the By-law Enforcement Officer. 5. No person shall keep a dangerous dog in the Municipality of Bayham if the dangerous dog has been found running at large in the Municipality or not restrained when on the premises of the owner of the dangerous dog, or not restrained in accordance with written directives of the By-law Enforcement Officer. 6. A By-law Enforcement Officer shall arrange to seize and impound any dangerous dog found running at large. 7. Where a dangerous dog has been impounded for running at large, the pound keeper shall not restore the said dog to its owner or to any other person until written notice has been given by the By-law Enforcement Officer that the person to whom the dog is to be restored has made arrangements to destroy the dangerous dog. Where the owner is unable to demonstrate compliance, or refuses to do so, after written notice is given, the pound keeper shall destroy the dog and the owner shall be liable for pound and maintenance fees, on demand of the pound keeper. 8. Every person who keeps a dangerous dog shall immediately notify the Municipal license agent of the Municipality and after the transfer of the ownership of the dangerous dog to any other person, such notification to include identification of the dangerous dog, name and address of the transferor, name and address of the transferee, the date of the transfer, and other information which may be reasonably requested by the license agent. 9. An owner of a dangerous dog shall obtain and maintain in force a policy of public liability insurance issued by an insurer Licensed by the Province of Ontario providing third party liability coverage in an amount an not less that two million ($2,000,000.00) dollars for any damage or injury caused by the said dangerous dog. A certified copy shall be filed with the Municipal License Agent. 10. A direction in writing from the By-law Enforcement Officer shall be sufficient notice that the owner is the owner of a dangerous dog and must comply with the provisions of this by-law. Canine Control By-law -5 - By-law 98-46 Section V -Impounding 1. The By-law Enforcement Officer shall, and any police officer may, seize any dog found running at large contrary to this by-law. 2. Every dog seized by a police officer shall forthwith be delivered by the police officer to the By-law Enforcement Officer. 3. The By-law Enforcement Officer shall arrange to impound any dog seized by him or her or delivered to him or her by a police officer. 4. The owner or keeper of an animal impounded for being at large shall be entitled to redeem such animal within 72 hours from the time of impoundment, exclusive of the day of impoundment, statutory holidays and days during which the pound is otherwise closed, upon paying the fine of$30.00 plus $10.00 for each additional day the dog is impounded. 5. The By-law Enforcement Officer shall arrange to impound any female dog found to be running at large and in heat until said dog is no longer in heat. 6. a)Wherein, in the opinion of the By-law Enforcement Officer, a dog cannot be captured and where the safety of persons or animals are endangered, the By-law Enforcement Officer or another officer appointed by Council may euthanize the dog and no damages or comp- ensation shall be recovered by the owner of the dog for the said destruction of the dog. b)Where a dog is captured or taken into custody and the services of a veterinarian are secured by the By-law Enforcement Officer may retain the dog for such further time as he or she may consider proper and during that time the By-law Enforcement Officer may; 7 Where a dog that is impounded is not claimed by the owner thereof within the redemption period specified under this by-law, the Animal Control Officer may retain the dog for such further time as he or she may consider proper and during that time the Animal Control Officer may; a) sell the dog for such price, as he or she may consider proper, or b) euthanize the dog, or c) dispose of the dog as he or she sees fit. 8. No compensation, damages, fees or any other sum of money shall be; a) recovered by any owner or other person; or b) paid by the By-law Enforcement Officer or the Corporation of the Municipality of Bayham on account of or by reason of the impounding, euthanizing or other disposal of the impounded dog in the course of the administration of this by-law. 9. The owner of a dog that has been impounded shall upon application to the Animal Control Officer, claim the dog before the By-law Enforcement Officer is entitled to dispose of the impounded dog according to the provisions of Section IV Part 11 of this by-law. 10. Where a dog is claimed, the owner shall provide proof of ownership of said dog to the By-law Enforcement Officer. Canine Control By-law -6- By-law 98-46 11. a) The By-law Enforcement Officer may capture all dogs running at large contrary to this By-Law and may take said dog to the animal's owner or keeper, if known, or at the By-law Enforcement Officer's discretion to the pound for impounding. b) For the purpose of Section V Part 1 of this By-law, the By-law Enforcement Officer may enter onto any public property and into the structures thereon with the consent of the owner or occupant. Section VI - General and Penalties 1. The By-law Enforcement Officer may commence a proceeding in Provincial offences Court by filing a certificate of offence. 2. Any person who contravenes any provision of this by-law is guilty of an offence and, upon conviction thereof by a court of competent jurisdiction pursuant to the provision of the Provincial offences Act; R.S.O. 1990, P.33 as amended, or any successor legislation shall be liable to a fine of not more that $5,000.00 plus Court cost as assessed and levied. 3. The Court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such an order shall be in addition to any other penalty imposed on the person convicted. 4. Each day during which there is a breach of this by-law shall be regarded as a separate and distinct offence and any person, who continues in breach of this by-law, may be charged for each separate day during the continuation of the offence. 5. It is declared that, notwithstanding that any section of this by-law or part thereof may be found by a court of competent jurisdiction to be invalid, unenforceable or ultra vires than such section shall conclusively be deemed to be servable and all other sections or parts of this by- law are separate and independent there from and enacted as such. 6. In this by-law, unless the contrary intention appears, words importing only singular number or masculine gender shall include more persons, parties or things of the same kind than one and the feminine or neuter gender. 7. All other by-laws directly related to this matter are hereby repealed. READ A FIRST AND SECOND TIME this 21`` day of May 1998. Deputy Mayor clerk READ A THIRD TIME AND FINALLY PASSED this,J day of 9.„I/6 1998. / -.AFL," t›;5"r ineirr\1110,2,CD Mayor C eYrk