HomeMy WebLinkAboutBy-law No. 2009-059 THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM
BY-LAW 2009-059
Being a By-law to Regulate and Control Dogs
WHEREAS Section 11, of the Municipal Act, S.O. 2001, c.M. 25, as amended, authorized the Councils
of local municipalities to pass By-laws to regulate, restrict,prohibit and control the keeping of dogs in
the Municipality of Bayham, or in any defined area thereof;
AND WHEREAS Section 11, of the Municipal Act, S.O. 2001, c.M. 25, c. M.45, as amended
authorized the Councils of local municipalities to pass By-laws for the licensing, and registration of dogs
in the Municipality of Bayham, or in any defined area thereof;
AND WHEREAS Section 11, of the Municipal Act, S.O. 2001, c.M. 25, c. M. 45, as amended,
authorizes the Councils of local municipalities to pass By-laws for prohibiting or regulating the running
at large of dogs in the municipality or in any defined area thereof, for seizing and impounding and for
killing, whether before or after impounding, dogs running at large contrary to the By-law and for selling
dogs so impounded at such time and in such manner as is provided;
AND WHEREAS Sections 1, 6, 12, 60, and 61 of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as
amended,provides that local municipalities can create a fine set by the Court for an offence, and other
penalty provisions;
AND WHEREAS Council now deems it necessary to rescind By-law#2001-94, as amemded and enact
and pass a new By-law for this purpose;
AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it desirable to
pass a By-law to provide for the regulation and control of dogs within the Municipality of Bayham,
under the provisions of the Municipal Act, S.O. 1990.
NOW THEREFORE, the Council of The Corporation of the Municipality of Bayham enacts as
follows:
1. SHORT TITLE:
This By-law may be cited as the"Dog Control By-law".
2. DEFINITIONS:
In this By-law,
2.1 "By-law Enforcement Officer"means an officer or designate, who is appointed by Council and
whose duties include the enforcement of this By-law.
2.2 "Corporation" shall mean The Corporation of the Municipality of Bayham.
2.3 "Council" shall mean the Council of The Corporation of the Municipality of Bayham.
2.4 "Dog"means any dog,male or female, of any age.
2.5 "Dangerous Dog"means:
(a) a dog that, in the absence of any mitigating factor, has attacked,bitten, or caused injury to
a person, or has demonstrated a propensity, tendency or disposition to do so;
(b) a dog that, in the absence of any mitigating factor,has attacked,bitten, or caused an
injury to a domestic animal requiring the services and treatment of a veterinarian; or
(c) a dog,previously designated as a potentially dangerous dog that is kept or permitted to be
kept by its owner in violation of the requirements for such dog.
Dog Control By-law Municipality of Bayham
2.6 "Dwelling" or"Dwelling Unit" shall mean one or more habitable rooms occupied or designed
to be occupied by one or more persons as an independent and separate housekeeping
establishment in which separate kitchen and sanitary facilities are provided for the use of such
persons.
2.7 "Enclosure" shall mean an enclosed pen of sufficient dimension and construction to provide
humane shelter for the dog while preventing it from escaping there from and preventing the entry
therein of unsupervised children.
2.8 "Hamlet" shall mean those urban areas designated as hamlets within the Official Plan of the
Municipality of Bayham, passed on July 5, 2001, as amended from time to time.
2.9 "Keeps" shall mean owns,possesses or harbours.
2.10 "Kennel" shall mean a premises, lot,building, structure or establishment, on or within which
four(4) or more dogs,more than four(4)months of age, are housed, groomed,bred,boarded,
trained, sold or raised, and which may offer provisions for minor medical treatment; and which
premises shall require a site specific zoning designation to allow for the use of a kennel.
2.11 "Licence Agent"means an agent who is appointed by Council and whose duties include the
issuance of dog licenses.
2.12 "Mitigating Factor"means a circumstance which excuses aggressive behaviour of a dog and,
without limiting the generality of the foregoing, may include circumstances where:
(a) the dog was, at the time of the aggressive behaviour, acting in defense to an attack from a
person or domestic animal;
(b) the dog was, at the time of the aggressive behaviour, acting in defense of its young or to a
person or domestic animal trespassing on the property of its owner, or
(c) the dog bite, attack or threat of attack was sustained by a person who, at the time was
committing a willful trespass or other tort upon the premises occupied by the owner or
keeper of the dog;
(d) the dog was, at the time of the aggressive behaviour,being physically tormented.
2.13 "Municipality"means the geographical area of The Corporation of the Municipality of Bayham.
2.14 "Muzzle"means a humane fastening or covering device of adequate strength placed over a dog's
mouth to prevent it from biting.
2.15 "Owner"of a dog, includes any person who possesses or harbours a dog; and where the owner is
a minor, the person responsible for the custody of the minor. "Owns" and"owned"have a
corresponding meaning.
2.16 "Potentially Dangerous Dog"means:
(a) a dog that, in the absence of any mitigating factor, chases or approaches any person or
domestic animal anywhere other than on the property of its owner, in a menacing fashion
or apparent attitude of attack,including,but not limited to behaviour such as growling or
snarling; or
(b) a dog that has been impounded;
(c) a dog whose owner has been convicted on a total of three(3) occasions for such dog
being at large in the municipality.
2.17 "Pound" shall mean such premises and facilities designated by The Corporation of the
Municipality of Bayham as the Municipal Dog Pound.
2.18 "Pound Keeper" shall mean person,persons or association appointed by The Corporation of the
Municipality of Bayham to operate,maintain and administer the Municipal Dog Pound.
2.19 "Premises"includes the entire lot on which a single dwelling unit is situate; or a dwelling unit
within a multi-dwelling unit building,but does not include common areas adjacent to a multi-
dwelling unit unless those common areas are completely enclosed.
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Dog Control By-law Municipality of Bayham
2.20 "Purebred"means:
(a) registered or eligible for registration in the Register of the Canadian Kennel Club,
Incorporated, or
(b) registered or eligible for registration in the Register of an International Kennel Club,
Incorporated.
2.21 "Running at Large"means to be found in any place other than the premises of the owner of the
dog and not under the physical control of any person by means of a leash.
2.22 "Service or companion animal": is a dog used as a service animal for a person with a disability
a. if it is a guide dog as defined in Section lof the Blind Persons Rights'Act;
b. if it is readily apparent that the animal is used by the person for reasons relating to his or
her disability; or
c. if the person provides a letter from a physician or nurse confirming that the person
requires the animal for reasons relating to the disability.
(Accessibility for Ontarians with Disabilities Act, 2005—O. Reg. 429/7 ss4(8) & (9))
2.23 "Village" shall mean those urban areas designated as villages within the Official Plan of the
Municipality of Bayham, passed on July 5, 2001, as amended from time to time.
3. LICENSING:
3.1 No person, who is residing temporarily or permanently within the Municipality shall own, keep,
possess or harbour a dog unless a licence has been issued under this By-law.
3.2 The Council may appoint and authorize a license agent to assist the By-law Enforcement Officer,
with the issuance of licences required under this By-law, and every such licence shall be executed
on behalf of the Corporation.
3.3 The owner of any dog within the limits of the Municipality 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.
3.4 Puppies may be kept with the mother for a period not exceeding three (3) months/ninety (90)
days following birth.
3.5 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.
3.6 All dogs shall be registered and licence fees paid for on or before March 31' in each year; or
within fourteen (14) days from the date of which such dog is acquired. All licence fees paid for
after these dates shall be subject to a licence fee increase of ten($10.00) dollars.
3.7 Every licence and dog tag shall expire on December 31' of the year for which same is issued and
every dog owner shall renew the dog tag yearly.
3.8 Where the owners of any dog have moved into the limits of the Municipality, they shall be
required to register and pay the annual licence fee, as set out in Appendix "A", within fourteen
(14) days from the date of the move. All licence fees paid after this date shall be subject to a
licence fee increase of ten($10.00) dollars.
3.9 No person shall transfer a licence or tag issued by the Corporation from one owner to another, or
from one dog to another.
3.10 Owners shall supply the Corporation, or the licensing agent, with a description of each dog,
sufficient to identify such dog; and a record shall be kept identifying the dog and showing the
name, address and telephone number of the owner; and the serial number of the dog tag
furnished.
3.11 The annual licence fees payable by the owner of every dog under this By-law, as set out in
Appendix "A", shall be the rates as approved by Council, from time to time.
3.12 Service or companion animals are exempt from the payment of all licence fees applicable
pursuant to this By-law.
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Dog Control By-law Municipality of Bayham
3.13 Where a dog tag has been lost, a replacement tag shall be issued at no cost upon receipt of proof
that the current year's licence fee has been paid. Where second or subsequent tags have been
lost, an application shall be made to the Corporation for a replacement tag and the replacement
tag fee shall be paid.
3.14 In accordance with Section 11 of the Municipal Act, S.O. 1990, Chapter M.45, the Clerk or other
officer as designated shall keep a book, record or file in which shall be recorded:
• the name of the owner of every dog registered under the provisions of this By-
law;
• the address and telephone number of the owner of every dog registered under the
provisions of this By-law;
• the licence and dog tag number;
• the year and expiration date of the licence and tag;
• the date of such registration;
• the description of the dog;
• amount of fee paid.
4. KENNELS AND ANIMAL RESCUE FACILITY:
4.1 All persons shall obtain a kennel licence from the Corporation before operating a kennel of dogs.
4.2 All applications for kennel licences shall be accompanied by the following information:
(a) Name and address of kennel owner;
(b) Type of breed or purebred dogs housed,boarded, bred or raised;
(c) Location of kennel;
(d) Proof of approved site specific zoning to provide for kennel use for said location.
(e) Applicable fee.
4.3 (a) Notwithstanding the provisions of Section 3.11 of this By-law, prior to March 31'1 in each
year, the owner of a kennel of dogs that are registered or eligible for registration with an
association incorporated under the Animal Pedigree Act (Canada) shall pay an annual kennel
licence fee, as set out in Appendix"A", instead of a licence fee for each dog.
(b) Notwithstanding the provisions of Section 3.11 of this By-law, prior to March 31St in each
year, the owner of a kennel of dogs that are not eligible for registration with an association
incorporated under the Animal Pedigree Act (Canada) shall pay a licence fee for each dog
residing at the kennel, as set out in Appendix"A".
4.4 Every kennel owner shall submit on a monthly basis, to the Corporation, the names and
addresses of Municipal residents who have purchased dogs from the said kennel.
4.5 The owner of every kennel of dogs shall remove all excrement and soiled bedding from which
odour may arise not less than weekly during the period of November 1St to March 31st inclusive,
and daily during the other months.
4.6 ANIMAL RESCUE FACILITY
4.6.1 In this section"Animal Rescue Facility"means an person approved to operate a dog rescue and
adoption program at a specific property within the Municipality.
4.6.2 In this section"Approved"means annual written approval from the Council of the Municipality
of Bayham.
4.6.3 The Municipality shall authorize a person to operate an approved Animal Rescue Facility where
such person has demonstrated he/she is operating a dog rescue and adoption program in good
faith, a rescue program for a specific dog breed recognized by the Animal Pedigree Act
(Canada), or a dog rescue and adoption program as a not for profit corporation, and is registered
with a recognized animal welfare organization and provides the Municipality a letter of reference
signed by their primary veterinarian confirming that he/she provides medical care for the pets in
his/her rescue and adoption program.
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Dog Control By-law Municipality of Bayham
4.6.4 The Municipality's authorization under Section 4.6.3 to operate an approved Animal Rescue
Facility shall expire on December 31st of the year for which the authority was issued.
4.6.5 The Municipality may renew the authority issued under Section 4.6.3 for a person to continue to
operate an approved Animal Rescue Facility where the person has provided an annual report to
the Municipality with information regarding the adoption of dogs, including the number of dogs
adopted,who adopted the dog, address of the new owner and date the dog was adopted, and
demonstrated he/she continues to meet the requirements under Section 4.6.3.
4.6.6 The person approved to operate an Animal Rescue Facility shall not be required to pay a licence
fee pursuant to this By-law for the first year, from the date of registration, a dog is harboured by
or in the possession of the approved Animal Rescue Facility and where the dog is harboured by
or in the possession of the approved Animal Rescue Facility for the purpose of rescue and
adoption.
4.6.7 Despite Section 4.6.6 where a person approved to operate an Animal Rescue Facility harbours or
possess a dog for the purpose of rescue and adoption for more than one year, from the date of
registration, the person shall pay a licence fee for such dog in accordance with Appendix A
Section 1(a) of this By-law.
4.6.8 Despite Section 4.6.1 to Section 4.6.7 a person operating an approved Animal Rescue Facility
shall at all times comply with all other requirements of this By-law.
5. OFFENCES:
5.1 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.
5.2 No owner of a dog shall permit the dog to trespass on any private property.
5.3 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
on the property of the owner, or on the property of any person with the consent of that person.
5.4 No person shall use a leash for restraining any dog unless it is substantially constructed or
composed of strong material and shall be capable, at all times, of securely restraining such dog.
No person shall use a leash for restraining a dog that exceeds 6 feet(1.8 metres)in length.
5.5 No owner of a dog shall suffer or permit any such dog to attack or 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.
5.6 Every owner or person having the care and custody of a dog three(3)months of age or over shall
ensure that the dog is immunized against rabies, and shall ensure that the dog is reimmunized
against rabies by the date specified in the certificate of immunization issued.
5.7 At the request of the By-law Enforcement Officer, the owner or person having the care and
custody of a dog shall provide a valid certificate verifying that such dog has been vaccinated
against rabies.
5.8 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 dog;
(b) Every person having control of a dog shall forthwith remove any excrement or feces left
by such dog on any highway or public park or public area within the boundaries of the
Municipality;
(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 excrement, feces, manure, refuse or dropped or scattered feed
shall be removed by the owner or keeper at least every three (3) days; and such refuse
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Dog Control By-law Municipality of Bayham
resulting from the keeping of such dog or dogs shall be removed from the premises as to
prevent odour arising there from.
5.9 Number of Dogs per Premises:
(a) No person shall keep more than two (2) dogs on any premises within a hamlet or village
area as designated on the Official Plan of the Corporation of the Municipality of Bayham,
passed on July 5, 2001, as amended from time to time, unless otherwise designated as a
kennel.
(b) No person shall keep more than three (3) dogs on any premises in all other areas of the
Municipality, unless otherwise designated as a kennel.
(c) Notwithstanding Subsection 5.9 (a), any person keeping three (3) licenced dogs on a
premises within a designated hamlet or village area on or before November 15, 2001, shall
be permitted to continue keeping such licenced dogs, but shall not be permitted to keep any
additional or newly licenced dogs on the premises. At such time as a licence for any of
the subject dogs is not continued, such person shall be subject to Section 5.9 (a)."
5.10 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.
5.11 Any person who owns, harbours, possesses or is in the care and/or control of any dog shall not
allow said dog to enter upon the Municipal East Beach in Port Burwell.
5.12 Despite Section 5.11 a disabled person having care and control of a service or companion animal
may enter upon the Municipal East Beach in Port Burwell providing the service or companion
animal is leashed and the disabled person is in control and care of the service or companion
animal at all times.
5.13 Any person who owns, possesses or harbours any dog shall provide suitable and adequate shelter,
a) "adequate shelter" means a structure capable of shedding rain water, protecting the dog from
wind, which is to 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 5.10, paragraph (a), shall be large enough to allow
the dog to stand, lay down and turn around in a 360-degree circle.
6. DANGEROUS DOG/POTENTIALLY DANGEROUS DOG:
6.1 An owner who has acknowledged that they are the owner of a potentially dangerous dog or a
dangerous dog, shall keep the dog from leaving the premises on its own by means of:
(a) An enclosure;
(b) Containment within a fenced area; or
(c) Physical restraint of the dog by chain, or other similar means.
6.2 The owner who has acknowledged that they are the owner of a potentially dangerous dog or 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 leashed to the owner of the dog, on a leash not
longer than 2 feet (0.6 metres) in length.
6.3 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.
Where the By-law Enforcement Officer designates a dog as a dangerous dog, the By-law
Enforcement Officer shall serve notice upon the owner of such dog, requiring the owner, upon
receipt of such notice, to comply with the following requirements:
(a) keep such dog confined,
• within the owner's dwelling, or
• in an enclosed pen of sufficient dimension and construction to provide humane
shelter for the dog while preventing it from escaping there from and preventing the
entry therein of unsupervised children,
(b) securely attach a muzzle to such dog at all time when it is not confined in accordance with
Section 6.3 (a), and be under the care and control of a person 16 years of age or older.
(c) 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
of not less than One Million($1,000,000) Dollars for any damage or injury caused by
such dangerous dog and provide to the By-law Enforcement Officer a certificate of such
policy and each subsequent renewal thereof such policy shall contain a provision requiring
the insurer to immediately notify the By-law Enforcement Officer should the policy
expire, be cancelled or be terminated for any reason.
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Dog Control By-law Municipality of Bayham
(d) permit the By-law Enforcement Officer to insert a microchip implantation in such dog for
the purpose of identifying such dog as a dangerous dog.
All owners of such dog shall comply with the requirements referenced above and as contained
within the Notice.
6.4 A direction in writing from the By-law Enforcement Officer shall be sufficient notice that the
owner is the owner of a potentially dangerous dog and must comply with the provisions of this
By-law. Where the By-law Enforcement Officer designates a dog as a potentially dangerous dog,
the By-law Enforcement Officer shall serve notice upon the owner of such dog, requiring the
owner, upon receipt of such notice, to comply with the following requirements:
(a) keep such dog confined,
• within the owner's dwelling,
• in an enclosed pen or fenced area of sufficient dimension and construction to
provide humane shelter for the dog while preventing it from escaping there from
and preventing the entry therein of unsupervised children, or
• by physical restraint of the dog by chain or other similar means.
(b) securely attach a muzzle to such dog at all time when it is not confined in accordance with
Section 6.4 (a), and be under the care and control of a person 16 years of age or older.
(c) if requested, 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 of not less than One Million($1,000,000) Dollars for any damage or injury caused
by such dangerous dog and provide to the By-law Enforcement Officer a certificate of such
policy and each subsequent renewal thereof such policy shall contain a provision requiring
the insurer to immediately notify the By-law Enforcement Officer should the policy expire,
be cancelled or be terminated for any reason.
(d) if requested, permit the By-law Enforcement Officer to insert a microchip implantation in
such dog for the purpose of identifying such dog as a potentially dangerous dog.
All owners of such dog shall comply with the requirements referenced above and as contained
within the Notice.
6.5 The notice referred to in Section 6.3 and Section 6.4 shall include:
(a) A statement that the By-law Enforcement Officer has reason to believe that the dog is a
potentially dangerous or dangerous dog as the case may be;
(b)The requirements that the owner must comply with in accordance with this By-law and when
such requirements take effect; and
(c) A statement that the owner may request,within three(3)working days of receipt of the By-
law Enforcement Officer's notice, and is entitled to a hearing by a committee designated by
the Council of the Corporation of the Municipality of Bayham, which may affirm or rescind
the By-law Enforcement Officer's designation of the dog as potentially dangerous or
dangerous, as the case may be, and which committee may substitute it's own designation, or
it's own requirements of the owner of a dangerous dog pursuant to Section 6.3 (a)to (d) and
of a potentially dangerous dog pursuant to Section 6.4(a)to (d).
6.6 Where the owner of a dog receives a notice from the By-law Enforcement Officer designating
such dog as a potentially dangerous dog or as a dangerous dog so requests in writing to the Clerk
of the Corporation, within three (3) working days of receipt of such notice, a committee of
Council to be known as the "Dangerous Dog Appeal Committee", shall hold a hearing pursuant
to the provisions of the Ontario Statutory Powers Procedure Act within fifteen(15) working days
of the Clerk's receipt of the request for a hearing and such committee may:
(a) Affirm or rescind the By-law Enforcement Officer's designation of the dog as a potentially
dangerous dog or as a dangerous dog, as the case may be;
(b) Substitute its own designation of the dog as potentially dangerous dog or as a dangerous dog,
as the case may be; and/or
(c) Substitute it's own requirements of the owner of a dangerous dog pursuant to Section 6.3 (a)
to (d) and of a potentially dangerous dog pursuant to Section 6.4 (a)to (d).
6.7 The By-law Enforcement Officer may either on his/her own initiative or as a result of a complaint
received by him/her from a resident of the Municipality of Bayham conduct an inquiry into
whether a dog should be designated a potentially dangerous dog or a dangerous dog, as the case
may be.
6.8 The requirement of Section 6.3 (c) and (d) and Section 6.4 (c) and (d) which may be imposed on
a dog owner by the By-law Enforcement Officer pursuant to such Sections shall not be required
until either the time for appeal under Section 6.6 has elapsed without the dog owner requesting an
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Dog Control By-law Municipality of Bayham
appeal pursuant to that Section or the Dangerous Dog Appeal Committee has ordered such
requirement, whichever occurs earlier.
6.9 An owner of a dog which has been designated a potentially dangerous dog or a dangerous dog
pursuant to this By-law shall advise the By-law Enforcement Officer immediately if he/she
transfers ownership of such dog to another person, changes the address at which such dog is kept
or has the dog euthanized; and shall furnish the By-law Enforcement Officer with particulars of
same and other information which may be reasonably requested by the By-law Enforcement
Officer.
6.10 An owner of a dog, which has been designated a potentially dangerous dog or a dangerous dog
pursuant to this By-law shall post and display a sign on the premises at the front entrance and in a
conspicuous place on his/her property stating that there is a potentially dangerous dog or
dangerous dog, as the case may be, on the premises.
6.11 Any notices served by the By-law Enforcement Officer or requests for hearings made by an
owner pursuant to this By-law shall be provided by hand delivery or prepaid registered mail and
in the event of service by prepaid registered mail, shall be deemed received on the fifth (5th)
working day after the date of mailing.
7. IMPOUNDING:
7.1 The By-law Enforcement Officer shall, and any Police Officer may, seize and impound any
dog found running at large contrary to this By-law.
7.2 Every dog seized by a Police Officer shall forthwith be delivered by the Police Officer to the
By-law Enforcement Officer or Pound Keeper.
7.3 The Pound Keeper shall impound any dog seized by him or delivered to him by the By-law
Enforcement Officer or a Police Officer.
7.4 The By-law Enforcement Officer may capture all dogs running at large contrary to this By-law
and may take them to the animal's owner, if known; or at the By-law Enforcement Officer's
discretion, to the pound for impounding by the Pound Keeper.
7.5 For the purpose of Section 7 of this By-law, the By-law Enforcement Officer and the Pound
Keeper may enter onto any public property or may enter onto any private property and into the
structures thereon with the consent of the owner or occupant.
7.6 The owner or keeper of a dog impounded for being at large shall be entitled to redeem such
animal within seventy two (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 Corporation the applicable fees prescribed, and any other damages, fines and
expenses according to law.
7.7 The owner of a dog that has been impounded shall upon, application to the Corporation, claim
the dog before the Pound Keeper is entitled to dispose of the impounded dog according to the
provisions of Section 7.10 of this By-law.
7.8 Where a dog is claimed from the By-law Enforcement Officer, the owner shall provide proof
of ownership of said dog, as well as proof of payment for a current dog licence, and
compensate the Corporation according to the fees set out in Appendix "A".
7.9 Where a dog is claimed from the Pound Keeper, the owner shall provide proof of ownership
of the dog, as well as proof of payment for a current dog licence, and compensate the
Corporation according to the fees set out in Appendix "A".
7.10 Where a dog that is impounded is not claimed by the owner thereof within the redemption
period specified under this By-law, the Pound Keeper may retain the dog for such further time
as he may consider proper and during that time the Pound Keeper may:
(a) sell the dog for such price as he may consider proper;
(b) euthanize the dog;
(c) dispose of the dog in accordance with the Animals for Research Act, R.S.O. 1990 and
regulations appended to the said Act, as amended from time to time."
7.11 Where a dog that is captured or taken into custody is injured or in the opinion of the Pound
Keeper, should be destroyed without delay for humane reasons or for reasons of safety to
persons or animals, the Pound Keeper, or other trained person appointed by the Pound
Keeper, may euthanize the dog in a humane manner as soon after capture or taking into
custody as he may determine, and may do so without permitting any person to reclaim the dog
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Dog Control By-law Municipality of Bayham
or without offering it for sale, and no compensation shall be recovered by the owner of the dog
for said destruction.
7.12 (a) Where a dog is captured or taken into custody and the services of a veterinarian are secured
by the Pound Keeper or Corporation, the owner shall pay to the Corporation all fees and
charges of the veterinarian in addition to all other fees and per diem charges payable under this
By-law, whether the dog is alive, dies or is euthanized.
(b) Where a dog is captured or taken into custody and the owner is not identified, the Pound
Keeper shall confirm the services of a veterinarian with the Corporation, and the Corporation
shall pay to the Pound Keeper all fees and charges for authorized veterinarian services
rendered.
7.13 No compensation, damages, fees or any other sum of money on account of or by reason of the
impounding, euthanizing or other disposal of the impounded dog in the course of the
administration and enforcement of this By-law shall be:
(a) recovered by any owner or other person; or
(b) paid by the By-law Enforcement Officer, the Corporation, or the Pound Keeper.
7.14 Every pound or other maintenance fee and licence fee that is unpaid in whole or in part is a
debt due the Pound Keeper and the Corporation and is recoverable in any court of competent
jurisdiction in which a debt or money demand may be recovered.
7.15 Every pound fee expended by or on behalf of the Corporation under the authority of this By-
law that is unpaid in whole or in part is a debt due to the Corporation and shall be collected in
like manner as municipal taxes.
7.16 No person shall forcibly retrieve a dog from the By-law Enforcement Officer or the Pound
Keeper, or break and enter into a patrol vehicle or a live trap, or retrieve a dog, without
payment in full of all fees and charges required to be paid under this By-law.
8. ADMINISTRATION AND ENFORCEMENT:
8.1 Every person who contravenes any provision of this By-law is guilty of an offence and on
conviction is liable to a fine as provided for in the Provincial Offences Act R.S.O. 1990, c. P. 33
as amended.
8.2 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.
8.3 The By-law Enforcement Officer may commence a proceeding in Provincial Offences Court by
filing a Certificate of Offence or Information in the manner prescribed under the Provincial
Offences Act R.S.O. 1990, as amended.
8.4 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.
8.5 It is declared 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.
8.6 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.
8.7 Licences issued under the provisions of By-law #2001-94, as amended shall be deemed to have
been issued under this By-law and will be valid until the licence is replaced or expires.
8.8 This By-law shall come into full force and effect upon final passing.
8.9 Upon passing of this By-law, By-laws 2001-94, 2001-110, 2003-093, 2007-049, 2007-069 and
2007-115 are repealed. All or any other By-laws regulating the licensing, care and control of
dogs are also repealed.
9
Dog Control By-law Municipality of Bayham
READ A FIRST AND SECOND TIME this"?fiL day of rA0.4 , 2009.
i
I.AA
it:iniN-61.17.;,,,,Q
Clerk
READ A THIRD TIME AND PASSED this 1 t-"day of rrNa 7 , 2009.
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I. ,A_ .1Z# ;.,
Mayor clerk
10
Dog Control By-law Municipality of Bayham
THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM
By-law 2009-59
Being a By-law to Regulate and Control Dogs
APPENDIX "A"
FEE SCHEDULE
1. Licence Fees: On or Before After
March 31: March 31
(a) For first dog $ 22.00 $ 32.00
(b) For second dog $ 25.00 $ 35.00
(c) For third dog $ 30.00 $ 35.00
(d) Service or companion animal $ 0.00 $ 0.00
(e) A Kennel for Purebred Dogs $100.00 $135.00
(0 A Kennel for non-Purebred Dogs $ 15.00/dog $ 25.00/dog
(g) First Replacement Tag $ 0.00 $ 0.00
(h) Additional Replacement Tag $ 10.00 $ 10.00
(i) A dog harbored by an Approved $ 0.00 $ 0.00
Animal Rescue Facility for the first
year, from the date of registration.
Licence Fee Reductions:
(a) The owner of a spayed or neutered dog shall receive a Five ($5.00) Dollar reduction per
Dog Tag/Licence Fee, provided that at the time of the registration a Veterinary Certificate
identifying the dog and confirming the operation is received.
(b) A Five ($5.00) Dollar reduction per Dog Tag/Licence Fee will be granted to residents
who purchase the Dog Tag/Licence directly from the Municipal Office on or before
January 31'.
(c) A Five ($5.00) Dollar reduction per tag to new residents or new dog owners registering
their dogs between October 1St and December 31s`.
2. Fees:
Where the dog is released directly to the owner
By the By-Law Enforcement Officer,
Fees paid to the Corporation $100.00
3. Pound Fees:
Where the dog is transported to the Pound,
Fees paid to Corporation:
First full day or part day in the pound $100.00
Additional day or part day in pound $15.00/day
4. Euthanasia & Incineration:
Per Dog $75.00
11
Dog Control By-law Municipality of Bayham
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
SET FINE SCHEDULE
PART 1 Provincial Offences Act
For By-Law#2009- 059
Being a By-law to Regulate and Control Dogs
COLUMN 1: COLUMN 2: COLUMN 3:Set
ITEM Short Form Wording Provision Creating Fine
or Defining Offence
1 Failure to register dog for licence. Section 3.1 $105.00
2 Failure to fix tag securely on dog. Section 3.5 $ 55.00
3 Failure to renew dog tag for current year. Section 3.7 $105.00
4 Unlawfully transferred dog tag. Section 3.9 $105.00
5 Failure to obtain kennel licence. Section 4.1 $155.00
6 Failure to submit list of dog purchasers. Section 4.4 $ 55.00
7 Failure to remove/dispose of dog excrement Section 4.5 $105.00
and soiled bedding from kennel.
8 Permit dog to run at large. Section 5.1 $105.00
9 Permit dog to trespass on private property. Section 5.2 $105.00
10 Failure to restrain dog on leash. Section 5.3 $105.00
11 Restraining dog on leash exceeding 6 feet Section 5.4 $ 55.00
(1.8 metres)in length.
12 Permit dog to attack/fight another dog or Section 5.5 $155.00
animal.
13 Failure to immunize dog against rabies. Section 5.6 $105.00
14 Failure to provide certificate of Section 5.7 $105.00
immunization against rabies.
15 Failure to forthwith remove/dispose of dog Section 5.8 $105.00
excrement.
16 Keeping of more than two (2) dogs. Section 5.9(a) $105.00
17 Keeping of more than three(3) dogs. Section 5.9(b) $105.00
18 Allow dog to unduly disturb peace of other Section 5.10 $105.00
individuals.
19 Allow dog onto beach. Section 5.11 $105.00
20 Failure to provide sufficient shelter. Section 5.13 $105.00
21 Failure to restrain dangerous dog. Section 6.1 $305.00
22 Failure to restrain potentially dangerous Section 6.1 $305.00
dog.
23 Failure to muzzle dangerous dog. Section 6.2 $305.00
24 Failure to muzzle potentially dangerous Section 6.2 $305.00
dog.
25 Failure to restrain dangerous dog on leash. Section 6.2 $305.00
26 Restraining dangerous dog on leash Section 6.2 $305.00
exceeding 2 feet(0.6 metres) in length.
27 Failure to restrain potentially dangerous dog Section 6.2 $305.00
on leash.
Restraining potentially dangerous dog on Section 6.2 $305.00
28 leash exceeding 2 feet(0.6 metres) in
length.
29 Failure to comply with conditions of Section 6.3 $305.00
Dangerous Dog Notice.
30 Failure to comply with conditions of Section 6.4 $305.00
Potentially Dangerous Dog Notice.
31 Failure to notify of change of ownership of Section 6.9 $105.00
dangerous dog.
32 Failure to notify of change of ownership of Section 6.9 $105.00
potentially dangerous dog.
33 Failure to Post Sign Section 6.10 $105.00
34 Forcibly retrieved captured dog. Section 7.16 $155.00
NOTE: The penalty provision for the offences indicated above is Section 8.1 of By-law#2009-059,a
certified copy of which By-law has been filed.
12
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June S,2009c: CEIVED
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JUN 1 1 2009
Mr. Paul Groeneveld
By-Law Enforcement Officer MUNICIPALITY OF VYHAM
Municipality of Bayham
P.O. Box 160, 9344 Plank Road
Stratfordville,Ontario NOJ 1Y0
Dear Mr. Groeneveld:
Re: Set Fines-Provincial Offences Act-Part I
By-law Number 2009-059,of the Municipality of Bayham
Enclosed herewith is a copy of an Order,and a copy of a schedule of set fines for the
above referenced By-Law, the By-law indicated in the schedule.
The setting of the fines does not constitute my approval of the short form of
wording used to describe the offences.
I have forwarded the copy of the Order and the schedule of set fines to the
Provincial Offences Court in St. Thomas, together with a certified copy of the By-
law.
Yours truly,
athleen E. McGowan
Regional Senior Justice
West Region
Enclosures
/pp
cc: Manager,Provincial Offences Court
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice that the amount set opposite each of the
offences in the schedule of offences under the Provincial Statutes and Regulations
thereunder and Municipal By-law No. 2009-059, of the Municipality of Bayham,
attached hereto are the set fines for those offences. This Order is to take effect
June 8, 2009.
Dated at London this 8th day of June, 2009
Kathleen E. McGowan
Regional Senior Justice
West Region
Dog Control By-law Municipality of Bayham
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
SET FINE SCHEDULE
PART 1 Provincial Offences Act
For By-Law#2009- 059
Being a By-law to Regulate and Control Dogs
COLUMN 1: COLUMN 2: COLUMN 3:Set
ITEM Short Form Wording Provision Creating Fine
or Defining Offence
1 Failure to register dog for licence. Section 3.1 $105.00
2 Failure to fix tag securely on dog. Section 3.5 $ 55.00
3_ Failure to renew dog tag for current year. Section 3.7 $105.00
4 Unlawfully transferred dog tag. Section 3.9 $105.00
5 Failure to obtain kennel licence. Section 4.1 $155.00
6 Failure to submit list of dog purchasers. Section 4.4 $ 55.00
7 Failure to remove/dispose of dog excrement Section 4.5 $105.00
and soiled bedding from kennel.
8 Permit dog to run at large. Section 5.1 $105.00
9 Permit dog to trespass on private property. Section 5.2 $105.00
10 Failure to restrain dog on leash. Section 5.3 $105.00
11 Restraining dog on leash exceeding 6 feet Section 5.4 $ 55.00
(1.8 metres) in length.
12 Permit dog to attack/fight another dog or Section 5.5 $155.00
animal.
13 Failure to immunize dog against rabies. Section 5.6 $105.00
14 Failure to provide certificate of Section 5.7 $105.00
immunization against rabies.
15 Failure to forthwith remove/dispose of dog Section 5.8 $105.00
excrement.
16 Keeping of more than two (2) dogs. Section 5.9(a) $105.00
17 Keeping of more than three(3) dogs. Section 5.9(b) $105.00
18 Allow dog to unduly disturb peace of other Section 5.10 $105.00
individuals.
19 Allow dog onto beach. Section 5.11 $105.00
20 Failure to provide sufficient shelter. Section 5.13 $105.00
21 Failure to restrain dangerous dog. Section 6.1 $305.00
22 Failure to restrain potentially dangerous Section 6.1 $305.00
dog.
23 Failure to muzzle dangerous dog. Section 6.2 $305.00
24 Failure to muzzle potentially dangerous Section 6.2 $305.00
dog.
25 Failure to restrain dangerous dog on leash. Section 6.2 $305.00
26 Restraining dangerous dog on leash Section 6.2 $305.00
exceeding 2 feet(0.6 metres) in length.
27 Failure to restrain potentially dangerous dog Section 6.2 $305.00
on leash.
Restraining potentially dangerous dog on Section 6.2 $305.00
28 leash exceeding 2 feet(0.6 metres)in
length.
29 Failure to comply with conditions of Section 6.3 $305.00
Dangerous Dog Notice.
30 Failure to comply with conditions of Section 6.4 $305.00
Potentially Dangerous Dog Notice.
31 Failure to notify of change of ownership of Section 6.9 $105.00
dangerous dog.
32 Failure to notify of change of ownership of Section 6.9 $105.00
potentially dangerous dog.
33 Failure to Post Sign Section 6.10 $105.00
34 Forcibly retrieved captured dog. Section 7.16 $155.00
NOTE: The penalty provision for the offences indicated above is Section 8.1 of By-law#2009 -059,a
certified copy of which By-law has been filed.
12