Dog Legislation Council of Canada

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CITY OF KITCHENER

Copy of Kitchener's By-Law in Adobe

LICENCE
Chapter 530
DOGS
Article 1
INTERPRETATION

530.1.1 Dog - defined
530.1.2 Owner - defined
530.1.3 Pit Bull dog - defined
530.1.4 Poundkeeper - defined
530.1.5 Pound - defined
530.1.6 Kennel - defined
530.1.7 Lodging house - defined
530.1.8 Multiple dwelling - defined

Article 2
LICENCE - ISSUE

530.2.1 Duty of owner
530.2.2 Licence - fee
530.2.3 Licence fee - restricted dog
530.2.4 Dog - keeping - maximum - per dwelling - exception
530.2.5 Dog - keeping - where number not limited
530.2.6 Puppies - registered with Poundkeeper - requirements
530.2.7 New residents - licensing - requirements
530.2.8 Dog tag - issue
530.2.9 Dog tag - fixed on dog
530.2.10 Dog tag - lost
530.2.11 Tag - licence - serially numbered - information
530.2.12 Anti-rabies vaccine - certificate - requirement
530.2.13 Dog - maximum number - exception - conditions
530.2.14 Dog - maximum number - eligibility - compliance
530.2.15 Transfer - prohibited

Article 3
KENNEL

530.3.1 Kennel - licence
530.3.2 Application - to Manager of Licensing
530.3.3 Application - information - requirements
530.3.4 Dog - names of purchaser - to Humane Society
530.3.5 Kennel - operation - maintenance - requirements
530.3.6 Kennel - construction - drainage - requirement

Article 4
RUNNING AT LARGE

530.4.1 Prohibited - within municipality
530.4.2 Leash - off - not under control
530.4.3 Leash - length - maximum

Article 5
DUTY - OWNER

530.5.1 Excrement - removal
530.5.2 Attack - prohibited
530.5.3 Trespass - prohibited
530.5.4 Containment - defined
530.5.5 Potentially dangerous dog - defined
530.5.6 Dangerous dog - defined
530.5.7 Mitigating factor - defined
530.5.8 Restricted dog - defined
530.5.9 Prohibited dog - defined
530.5.10 Muzzle - defined
530.5.11 Potentially dangerous dog - notice - requirements
530.5.12 Dangerous dog - notice - owner requirements
530.5.13 Restricted dog - notice - owner requirements
530.5.14 Prohibited dog - notice - to delivery to pound
530.5.15 Notice - requirements
530.5.16 Notice - received - hearing requested
530.5.17 Complaint - inquiry by Poundkeeper
530.5.18 Owner - requirements - compliance deadline
530.5.19 Notice - how served
530.5.20 Dangerous dog - other - designation
530.5.21 Prohibited dog - keeping - prohibited

Article 6
IMPOUNDING OF DOGS

530.6.1 Poundkeeper - authority
530.6.2 Poundkeeper - records
530.6.3 Restoration - to owner - conditions
530.6.4 Female dog - in heat - running at large
530.6.5 Inoculation - any dog impounded - not wearing tag
530.6.6 Pound - maintenance fees
530.6.7 Sale - by Poundkeeper
530.6.8 Disposal - for humane reasons
530.6.9 Dog - return to owner - Poundkeeper discretion
530.6.10 Dog - return refused - sale - disposal
530.6.11 Prohibited dog - impounded - disposal

Article 7
RABID DOGS

530.7.1 Proclamation - confinement of dogs
530.7.2 Rabid - destroyed
530.7.3 Person bitten - dog impounded
530.7.4 Person bitten - skin broke - notice requirement

Article 8
ENFORCEMENT

530.8.1 Fine - for contravention

Article 9
GENERAL PROVISIONS

530.9.1 Inspection - land - premises - authority
530.9.2 Severability - validity

Article 1
INTERPRETATION
530.1.1 Dog - defined

“dog” means any dog,male or female over the age of twelve weeks. By-law 93-49, 22 February, 1993.

530.1.2 Owner - defined
“owner” of a dog includes a person who keeps or harbours a dog and, where the owner is a minor, the person responsible for the custody of the minor.  By-law 90-22, 12 February, 1990; By-law 97-25, 3 February, 1997.

530.1.3 Pit Bull dog - defined
“PitBull dog”means a dog of any age which can be identified as a dog of one or more of the following breeds or mixed breeds by the Poundkeeper, namely:
   (a) Pit Bull Terrier;
   (b) American Pit Bull Terrier;
   (c) Pit Bull
   (d) Stafford Bull Terrier, except a Staffordshire Bull Terrier which is registered with theAmerican KennelClub or theCanadian Kennel Club;
   (e) American Staffordshire Terrier, except and American Staffordshire Terrier which is registered with the American Kennel Club or the Canadian Kennel Club. By-law 2000-232,
18 December, 2000.

530.1.4 Poundkeeper - defined
For the purpose of this Chapter the Kitchener-Waterloo and NorthWaterloo Humane Society, including its officers andemployees, shall be deemed to be the Poundkeeper of the City of Kitchener.

530.1.5 Pound - defined
The Animal Shelter operated by such Society shall be deemed to be the City Pound. By-law 97-25, 3 February, 1997.

530.1.6 Kennel - defined
“kennel” means a place or facility where dogs that are registered or eligible for registration with an association incorporated under the Animal Pedigree Act (Canada) are bred or raised. By-law 93-49, 22 February, 1993.

530.1.7 Lodging house - defined
“lodging house”means a dwelling containing one ormore lodging units designed to accommodate four or more residents. The residents may share common areas of the dwelling other than the lodging units, and do not appear to function as a household.

530.1.8 Multiple dwelling - defined
“multiple dwelling” means a building containing three or more dwelling units but shall not include a street townhouse dwelling or semi-detached dwelling. By-law 2000-66, 17 April, 2000.
 

Article 2
LICENCE - ISSUE
530.2.1 Duty of owner

Subject to Section 530.3.1 of this Chapter, every owner of a dog shall annually not later than February 15th in each year or within seven days of becoming an owner at a later date, cause the dog to be registered, described and licensed at the City Pound pursuant to this Chapter. By-law87-220, part, 14 September, 1987.

530.2.2 Licence - fee
   (a) At the time of registration, the owner applicant, except the owner applicant of a restricted dog, shall be required to pay to the Poundkeeper a licence fee pursuant to the following:
      (i) Sterilized Dogs
First Licence (except senior citizen):
After 120 days of becoming owner of dog $45
After 30 days and within 120 days of becoming owner of dog $30
After 7 days and within 30 days of becoming owner of dog $20
Within 7 days of becoming owner of dog $15
Renewal of Licence (except senior citizen):
After June 30th $45
After March 15th and on or before June 30 $30
After February 15th and on or before March 15 $20
On or before February 15th $15
First Licence (senior citizen upon proof of age over 65):
After 120 days of becoming owner of dog $24
After 30 days and within 120 days of becoming owner of dog $16
After 7 days and within 30 days of becoming owner of dog $10
Within 7 days of becoming owner of dog $8
Renewal of Licence ( senior citizen upon proof of age over 65):
After June 30 $24
After March 15 and on or before June 30 $16
After February 15 and on or before March 15 $10
On or before February 15 $8
      (ii) Non-Sterilized Dogs
First Licence (except senior citizen)
After 120 days of becoming owner of dog $60
After 30 days and within 120 days of becoming owner of dog $45
After 7 days and within 30 days of becoming owner of dog $35
Within 7 days of becoming owner of dog $30
Renewal of Licence (except senior citizen):
After June 30 $60
After March 15 and on or before June 30 $45
After February 15 and on or before March 15 $30
On or before February 15 $30
First Licence (senior citizen upon proof of age over 65):
After 120 days of becoming owner of dog $32
After 30 days and within 120 days of becoming owner of dog $24
After 7 days and within 30 days of becoming owner of dog $18
Within 7 days of becoming owner of dog $16
After June 30 $32
After March 15 and on or before June 30 $24
After February 15 and on or before March 15 $18
On or before February 15 $16
   (b) Any licence issued under this Article in respect of a Pit Bull dog shall be deemed to have been cancelled effective as of February 10, 1997. Where a licence is cancelled pursuant to this Section, the owner shall be entitled to a credit or refund on any paid-up licence fee.
   (c) Before a licence for a sterilized dog is issued:
      (i) the owner shall submit a copy of his/her certificate of sterilization together with his/her licence application;  or
      (ii) the owner shall otherwise satisfy the Poundkeeper that his/her dog is sterilized.
   (d) Where a licence for a sterilized dog is issued and a non-sterilized dog licence has previously been issued for that calendar year for the same dog, the owner shall be entitled to a credit or refund on the difference between the non-sterilized dog licence fee and the sterilized
dog licence fee. By-law 98-185, 30 November, 1998; By-law 99-177, 4 October, 1999.

530.2.3 Licence fee - restricted dog
At the time of registration the owner applicant of a restricted dog shall be required to pay to the Poundkeeper, a licence fee pursuant to the following:
   (a) Renewal of Licence
      (i) Sterilized dogs
After June 30 $45
After March 15 and on or before June 30 $30
After February 15 and on or before March 15 $20
On or before February 15 $15
      (ii) Non-sterilized dogs without Good Citizen Test Certificate
After June 30 $150
After March 15 and on or before June 30 $125
After February 15 and on or before March 15 $100
On or before February 15 $75
      (iii) Non-sterilized dogs with Good Citizen Test Certificate
After June 30 $60
After March 15 and on or before June 30 $45
After February 15 and on or before March 15 $35
On or before February 15 $30
   (b) before a licence for a restricted dog which successfully completes a Canine Good Citizen test is issued, the owner shall provide the Poundkeeper with a certificate showing:
      (i) that his/her dog successfully completed the Canine Good Citizen test;
      (ii) the date on which the Canine Good Citizen test was successfully completed; and
      (iii) that his/her dog’s microchip implantation number was scanned and recorded at the time of the Good Canine Citizen test
   (c) where a licence for a restricted dogwhich successfully completes a Canine Good Citizen test is issued and a licence has previously been issued for that calendar year, the owner shall be entitled to a credit or refund on the difference between the previously issued licence fee and the fee for a restricted dog which successfully completes a Canine Good Citizen test;
   (d) a restricted dog licence shall be obtained from the Kitchener-Waterloo and North Waterloo Humane Society, 250 Riverbend Drive,Kitchener. The owner applicant shall attend with the restricted dog and the leash and muzzle required in Section 530.5.13(c) and (d). By-law 97-25, 3 February, 1997; By-law 97-81, 12 May, 1997; By-law 2000-232, 18 December, 2000.

530.2.4 Dogs - keeping - maximum - per dwelling - exception
No person shall keep or permit to be kept more than three dogs within or about any dwelling unit in the City of Kitchener unless otherwise permitted in Section 530.2.5 or 530.2.13.

530.2.5 Dogs - keeping - where number not limited
Section 530.2.4 of this Chapter shall not apply to:
   (a) a veterinary hospital, clinic, office or veterinary service lawfully operated and supervised by a veterinarian licensed to practice in Ontario;
   (b) an animal shelter operated by Kitchener-Waterloo and North Waterloo Humane Society;
   (c) premises registered as a research facility in accordance with the Animals For Research Act;
   (d) a kennel licensed by the City of Kitchener in accordance with this Chapter; and
   (e) pet shops licensed by the City of Kitchener. By-law 97-25, 3 February, 1997

530.2.6 Puppies - registered - with Poundkeeper
The owner of a dog licensed under Section 530.2.2 shall register puppies with the Poundkeeper within eight weeks of his/her dog having a litter. The owner shall inform the Poundkeeper of the age and sex of each puppy.Upon registration, the Poundkeeper shall assign the owner a number to be included in every advertisement of the puppies.  Despite Section 530.2.2, the owner of a puppy, except a PitBull dog puppy, that will reach the age of twelve weeks after September 1, may be issued a licence for the fee of Eight Dollars ($8), valid for the remainder of the calendar year. By-law 98-185, 30 November, 1998.

530.2.7 New residents - licensing - requirements
Despite Section 530.2.2, newcomers to the City of Kitchener who produce
proof of a valid dog licence, including a City of Waterloo valid restricted dog
licence, from another municipality,may be issued a Kitchener Dog Licence
for that dog, except a PitBull dog, for the fee of Eight Dollars ($8) , valid for
the remainder of that calendar year.
530.2.8 Dog tag - issue
On payment of the licence fee for a dog the owner shall be furnished with a dog tag from the Poundkeeper which shall bear the serial number and the year in which it was issued.
530.2.9 Dog tag - fixed on dog
The owner of a dog shall keep the dog tag securely fixed on the dog at all times until renewed or replaced.

530.2.10 Dog tag - lost
The fee charged for the replacement of lost dog tags shall be Two Dollars ($2).

530.2.11 Tag - licence - serially numbered - information
All licences and tags issued pursuant to this Chapter shall be serially numbered and a record of their issue shall be kept by the Poundkeeper of the City. Such registration shall set out the name and address of the owner, the name of the dog and information as to the date of the dog’s last anti-rabies inoculation.

530.2.12 Anti-rabies vaccine - certificate - requirement
Upon application for a licence the ownermay be required to produce a certificate signed by a practising veterinarian that the dog has been inoculated with an anti-rabies vaccine within a period of twenty-four (24)months prior to the date of application for a licence.

530.2.13 Dog - maximum number - exemption - conditions
Despite Section 530.2.4, a person who on February 21, 1994 held more than three valid dog licences issued pursuant to this Chapter with respect to his/her dwelling unitmay keep up to 10 dogs at such dwelling unit provided that the following conditions are maintained:
   (a) such person does not keep or permit to be kept more than 10 dogs within or about his/her dwelling unit at any time;
   (b) such person does not receive a conviction relating to the failure to licence any of his/her dogs as required under Chapter 530, or a conviction relating to any of his/her dogs or dwelling unit under Chapter 450 (Noise), Chapter 650 (Lot Maintenance) or Chapter 665 (Property Standards) of theCity of KitchenerMunicipalCode, all as amended from time to time;
   (c) such person maintains the facilities where his/her dogs are kept in accordance with the requirements for a kennel pursuant to Section 530.3.5;
   (d) any part of any yards or runways where such person’s dog or dogs are kept that are less than five feet away from any abutting property line shall be solidly fenced and comply with Section 530.3.6 (c);  and
   (e) such person shall be eligible to keep more than three dogs only at the dwelling unit listed on his/her dog licences issued pursuant to this Chapter and valid on February 21, 1994.

530.2.14 Dog - maximum number - eligibility - compliance
If a person who is eligible to keep between four and 10 dogs pursuant to Section 530.2.13 subsequently fails to comply with any of the conditions imposed by that Section, then Section 530.2.4 shall apply to such person and such person shall not thereafter be eligible to keep more than three dogs. By-law 97-25, 3 February, 1997.

530.2.15 Transfer - prohibited
Every licence for a dog issued here under is personal to the owner there of and may not be assigned or transferred. By-law 87-220, part, 14 September, 1987.


Article 3
KENNEL
530.3.1 Kennel - licence

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 licence fee of Sixty-One Dollars ($61) to the City as a licence fee for a kennel, and such person is not liable to pay in respect of such dogs any licence fee under this Chapter. By-law 91-113, 11 February, 1991; By-law 91-378, 16 December, 1991; By-law 93-51, 8 March, 1993; By-law
95-164, 14 November, 1995; By-law 2000-228, 18 December, 2000; By-law 2001-239, 10 December, 2001; By-law 2002-233, 9 December, 2002.

530.3.2 Application - to Manager of Licensing
Every person operating a kennel of dogs that are registered or eligible for registrationwith an association incorporated under the Animal Pedigree Act (Canada) shall make application annually to the Manager of Licensing for a Kennel Licence.

530.3.3 Application - information - requirements
Every application for a licence under thisArticle shall be accompanied by:
   (a) the name and address of the kennel owner;
   (b) the location of kennel;
   (c) proof of zoning approval for said location;
   (d) the applicable fee in accordance with Section 530.3.1; and
   (e) a report from an inspector of theOntario Society for the Prevention ofCruelty to Animals as to the adequacy of the kennel premises for the keeping and raising of dogs.

530.3.4 Dog - names of purchaser - to Humane Society
Every person who owns or operates a kennel shall submit to the Kitchener-Waterloo and NorthWaterloo Humane Society on a monthly basis the names and addresses of City of Kitchener residents who have purchased a dog from their kennel.

530.3.5 Kennel - operation - maintenance - requirements
Every person who owns or operates a kennel shall comply with the following regulations:
   (a) the kennel floor shall be thoroughly cleaned at least once every day or more often as may be necessary to keep the floor clean;
   (b) the kennel and surrounding areas shall be maintained in a sanitary, ventilated and clean condition free from offensive odours;
   (c) dogs shall be kept in sanitary,well bedded, well ventilated, lighted and clean quarters at all times;
   (d) dogs shall be fed and watered periodically each day and kept in a clean and healthy condition free from vermin and disease;
   (e) an exercise area shall be provided so as to enable each dog to exercise freely and easily so as to maintain physical health and well being;
   (f) the kennel shall be maintained at a healthful temperature at all times for the health, welfare and comfort of every dog therein;
   (g) each cage or pen used for the housing of dogs shall be so constructed and maintained so that:
      (i) every dog in the cage or pen may comfortably extend its legs to its full extent, stand, sit, turn around and lie down in a fully extended position;
      (ii) it is not likely to harm any dog therein;
      (iii) any dog therein cannot readily escape there from;  and
      (iv) it may be readily cleaned;
   (h) the yards and runways associated with the kennel operation shall be cleaned at least once daily when in use; and
   (i) the excreta, dead animals and otherwaste resulting fromthe keeping of dogs shall be removed from the premises as necessary.

530.3.6 Kennel - construction - drainage - requirements
Every person who owns or operates a kennel shall construct the kennel facilities in accordance with the following regulations:
   (a) the kennel building shall have a floor made of concrete or other impermeable material;
   (b) the floor of the kennel building shall have a drain opening constructed as a plumbing fixture connected to the sanitary sewer maintained in functioning condition at all times. A plumbing permit is required for the installation of a drain; and
   (c) the yards and runways associated with the kennel operation shall be completely enclosed with a solidly constructed fence so as:
      (i) to fully obstruct the visibility of the neighbouring properties from the dogs; and
      (ii) to prevent the dogs from escaping from the premises. By-law 93-49, 22 February, 1993.


Article 4
RUNNING AT LARGE
530.4.1 Prohibited - within municipality

The running at large of dogs is prohibited within the municipality and no owner of a dog shall allow the dog to run at large. By-law 87-220, part, 14 September, 1987.

530.4.2 Leash - off - not under control

Every dog shall be under leash and under effective control of an adult person unless the dog is on the lands of a person who has given prior consent to the dog being unleashed. Any dog that is not in compliance with the requirements of this Section shall be deemed to be running at large. By-law 2000-232, 18 December, 2000.

530.4.3 Leash - length - maximum

For the purpose of this Article, no leash shall exceed 2.4 metres (8 feet).


Article 5
DUTY - OWNER
530.5.1 Excrement - removal

Every owner of a dog shall remove forthwith and dispose of any excrement left by the dog on any property in the City other than the owner’s property.

530.5.2 Attack - prohibited

Noowner shall permit his/her dog to attack any domestic animal or domestic bird, or to fight with another dog.

530.5.3 Trespass - prohibited

No owner of a dog shall permit it to trespass on any private property.By-law 87-220, part, 14 September, 1987.

530.5.4 Containment - defined

   (a) For the purposes of this Article, “electronic containment device” means an electronic system whereby a subterranean cable is installed around the perimeter of the area in which the dog is to be contained, a receiver is worn by the dog on its collar, and an electric shock is transmitted by the receiver to the dog if the dog attempts to cross the subterranean cable.
   (b) An owner of a dog, when such dog is on the property of the owner or on the property of some other person with such person’s consent, shall keep the dog contained on such property by means of:
      (i) enclosure;
      (ii) containment within a fenced area;
      (iii) physical restraint of the dog by chain or other similar means; or
      (iv) an electronic containment device in accordance with Section 530.5.4(c)
   (c) Use of an electronic containment device for the purposes of this Article shall be subject to the following conditions:
      (i) any dog owner using an electronic containment device shall notify the Poundkeeper immediately upon commencing use of such a device;
      (ii) a dog being contained by an electronic containment device shall be kept at least two metres from any property line abutting public property; and
      (iii) a sign stating that an electronic containment device is in use at the property shall be placed adjacent to any normal entry door for the dwelling located on the property and such sign shall be clearly visible from any public property.
   (d) Despite Section 530.5.4 (b) and Section 530.5.4(e), the owner of a dog designated as potentially dangerous, dangerous or restricted pursuant to the provisions of this Chapter shall keep the dog contained in accordance with the requirements set out in notice served on the owner pursuant to Section 530.5.11, 530.5.12 or 530.5.13.
   (e) Despite Section 530.5.4 (b), an owner of a dog, when such dog is on the property of the owner or on the property of some other person with such person’s consent, and where such lands are located within an Agricultural Zone, shall keep the dog contained on such
property by any reasonable means. By-law 95-16, 6 February, 1995; By-law 2000-232, 18 December, 2000.

530.5.5 Potentially dangerous dog - defined
“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;    (b) a dog that has been impounded by the Poundkeeper or for whom the owner has been convicted on a total of three occasions within a twenty-four (24) month period for such dog being at large in the municipality. By-law 94-200, 7 November, 1994; By-law 96-39, 25 March, 1996.

530.5.6 Dangerous dog - defined
“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 significantly injured a domestic animal; 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.

530.5.7 Mitigating factor - defined
“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 defence to an attack by a person or domestic animal;
   (b) the dog was, at the time of the aggressive behaviour, acting in defence of its young or to a person or domestic animal trespassing on the property of its owner; or
   (c) the dog was, at the time of the aggressive behaviour, being teased, provoked, or tormented. By-law 94-200, 7 November, 1994.
530.5.8 Restricted dog - defined
“restricted dog” means:
   (a) a dog that is a Pit Bull dog; and
   (b) a dog forwhich the owner has a valid 1996 or 1997 dog licence issued under Section 530.2.2.

530.5.9 Prohibited dog - defined
“prohibited dog” means:
   (a) a Pit Bull dog which is not a restricted dog;
   (b) a Pit Bull dog, previously designated as a restricted dog, that is kept or permitted to be kept by its owner in violation of the requirements for such dog; or
   (c) a dog, previously designated as a dangerous dog, that is kept or permitted to be kept by its owner in violation of the requirements for such dog.

530.5.10 Muzzle - defined
“muzzle”means ahumane fastening or covering device of adequate strength placed over a dog’s mouth to prevent it from biting as approved by the Poundkeeper. By-law 97-25, 3 February, 2000.

530.5.11 Potentially dangerous dog - notice - requirements
Where the Poundkeeper designates a dog as a potentially dangerous dog, and serves the owner with notice of such designation, the owner shall comply with such of the following requirements as set out in the notice:
   (a) to keep the potentially dangerous dog, when it is on the lands and premises of the owner, confined;
      (i) within the owner’s dwelling and under the effective control of an adult; or
      (ii) in an enclosed pen constructed with a secure top and sides and either a secure bottom effectively attached to the sides or sides embedded in the ground to a minimum depth of 30 centimetres (1 foot), or as otherwise approved by the Poundkeeper. The pen shall provide humane shelter for the potentially dangerous dog while preventing it from escaping therefrom and preventing entry therein of unsupervised children.
   (b) to keep the potentially dangerous dog under the effective control of an adult person and under leash, such leash not to exceed 1.8 metres (6 feet) in length and to be approved by the Poundkeeper, at all times when it is not confined in accordance with clause (a);
   (c) to securely attach a muzzle as defined in Section 530.5.10 to the potentially dangerous dog at all times when it is not confined in accordance with clause (a);
   (d) to have a microchip inserted in the potentially dangerous dog by a licensed veterinarian and to permit the Poundkeeper to verify the implantation of such microchip;
   (e) to provide the Poundkeeper with the new address and telephone number of the owner within two (2) working days of moving the potentially dangerous dog;
   (f) to provide the Poundkeeper with the name, address and telephone number of the newownerwithin two (2)working days of selling or giving away the potentially dangerous dog;
   (g) to advise the Poundkeeper within two (2) working days of the death of the potentially dangerous dog;
   (h) to advise the Poundkeeper forthwith if the potentially dangerous dog is running at large or has bitten or attacked any person or animal;  or
      (i) to purchase and display, at the entrance to the owner’s dwelling which a person would normally approach, a warning sign provided by the Poundkeeper. The sign shall be posted in such amanner that it cannot be easily removed by passerby and it is clearly visible to a
person approaching the entrance.By-law 97-25, 3 February, 2000; By-law 2000-232, 18 December, 2000.

530.5.12 Dangerous dog - notice - owner requirements
Where the Poundkeeper designates a dog as a dangerous dog, and serves the owner with notice of such designation, the owner shall comply with the following requirements as set out in the notice:
   (a) to keep the dangerous dog, when it is on the lands and premises of the owner, confined:
      (i) within the owner’s dwelling and under the effective control of an adult; or
      (ii) in an enclosed pen constructed with a secure top and sides and either a secure bottom effectively attached to the sides or sides embedded in the ground to a minimum depth of 30 centimetres (1 foot), or as otherwise approved by the Poundkeeper. The pen shall provide humane shelter for the dangerous dog while preventing it from escaping therefrom and preventing entry therein of unsupervised children.
   (b) to keep the dangerous dog under the effective control of an adult person and under leash, such leash not to exceed 1.8metres (6 feet) in length and to be approved by the Poundkeeper, at all times when it is not confined in accordance with clause (a);
   (c) to securely attach a muzzle as defined in Section 530.5.10 to the dangerous dog at all times when it is not confined in accordance with clause (a);
   (d) to have a microchip inserted in the dangerous dog by a licensed veterinarian and to permit the Poundkeeper to verify the implantation of such microchip;
   (e) to provide the Poundkeeper with the new address and telephone number of the owner within two (2) working days of moving the dangerous dog;
   (f) to provide the Poundkeeper with the name, address and telephone number of the new owner within two (2)working days of selling or giving away the dangerous dog;
   (g) to advise the Poundkeeper within two (2) working days of the death of the dangerous dog;
   (h) to advise the Poundkeeper forthwith if the dangerous dog is running at large or has bitten or attacked any person or animal; and
   (i) to purchase and display, at the entrance to the owner’s dwelling which a person would normally approach, a warning sign provided by the Poundkeeper. The sign shall be posted in such a manner that it cannot be easily removed by passerby and it is clearly visible to a
person approaching the entrance;
   (j) not to keep or harbour the dog in a multiple dwelling or a lodging house and, where the owner’s dwelling is a multiple dwelling or lodging house, the dog may be kept or harboured at other premises for the purpose of Sections 530.5.12(a) and 530.5.12(i) and subject to all other provisions of this Section.  By-law 97-25, 3 February, 1997; By-law 2000-66, 17 April, 2000; By-law 2000-232, 18 December, 2000.

530.5.13 Restricted dog - notice - owner requirements
Where the Poundkeeper designates a dog as a restricted dog, and serves the owner with notice of such designation, the owner shall comply with such of the following requirements as set out in the notice:
   (a) to obtain, prior toApril 10, 1997, or within seven (7) working days following the final disposition of any appeal of the designation as a restricted dog, a restricted dog licence under Section 530.2.3;
   (b) to keep the restricted dog, when it is on the lands and premises of the owner, confined:
      (i) within the owner’s dwelling and under the effective control of an adult; or
      (ii) in an enclosed pen constructed with a secure top and sides and either a secure bottom effectively attached to the sides or sides embedded in the ground to a minimum depth of 3 centimetres (1 foot), or as otherwise approved by the Poundkeeper. The pen shall provide humane shelter for the restricted dog while preventing it from escaping therefrom and preventing
the entry therein of unsupervised children;
      (iii) within a fenced yard, as approved by the Poundkeeper, and supervised by an adult, after the restricted dog has successfully completed a Canine Good Citizen test in 1997. The owner shall provide the Poundkeeper with a certificate showing that his/her dog successfully completed the Canine Good Citizen test, the date on which the Canine Good Citizen
test was successfully completed and that his/her dog’s microchip implantation was scanned and recorded at the time of the Canine Good Citizen test.
   (c) to keep the restricted dog under the effective control of an adult person and under leash, such leash not to exceed 1.8metres (6 feet) in length and to be approved by the Poundkeeper, at all times when it is not confined in accordance with clause (b);
   (d) to securely attach amuzzle as defined in Section 530.5.10 to the restricted dog at all times when it is not confined in accordance with clause (b);
   (e) to have amicrochip inserted in the restricted dog by a licensed veterinarian and to permit the Poundkeeper to verify the implantation of such microchip;
   (f) to provide the Poundkeeper with the new address and telephone number of the owner within two (2) working days of moving the restricted dog;
   (g) to provide the Poundkeeper with the name, address and telephone number of the newownerwithin two (2)working days of selling or giving away the restricted dog;
   (h) to advise the Poundkeeper within two (2) working days of the death of the restricted dog;
   (i) to advise the Poundkeeper forthwith if the restricted dog is running at large or has bitten or attacked any person or animal;
   (j) to notify the Poundkeeper within two (2) working days of whelping in the event that the restricted dog has a litter. The owner shall deliver the offspring to the Pound within six (6) weeks of whelping to be disposed of in a humane manner; and
   (k) to purchase and display, at the entrance to the owner’s dwelling which a person would normally approach, a warning sign provided by the Poundkeeper. The sign shall be posted in such manner that it cannot be easily removed by passerby and it is clearly visible to a person approaching the entrance.By-law 97-25, 3 February, 1997; By-law 97-37, 17 February, 1997; By-law 97-58, 7 April, 1997; By-law 97-81, 12 May, 1997; By-law 2000-232, 18 December, 2000.

530.5.14 Prohibited dog - notice - to deliver to pound
Where the Poundkeeper designates a dog as a prohibited dog, the Poundkeeper shall serve notice upon the owner of such dog. If the Poundkeeper has not seized and impounded the prohibited dog, the notice shall require the owner, upon receipt of such notice, to deliver the prohibited dog within six (6) working days to the pound.

530.5.15 Notice - requirements

The notice referred to in Sections 530.5.11 to 530.5.14, inclusive shall include:
   (a) a statement that the Poundkeeper has reason to believe that the dog is a potentially dangerous, dangerous, restricted or prohibited dog, as the case may be;
   (b) the requirements that the owner must comply with in accordance with this Chapter and when such requirements take effect;
   (c) where the Poundkeeper has designated the dog as a prohibited dog, a statement that the dog will be disposed of in a humanemanner;  and
   (d) a statement that the owner may request in writing, within five (5) working days of receipt of the Poundkeeper’s notice, and is entitled to, a hearing by a committee designated by the Council of The Corporation of the City of Kitchener which may affirm or rescind the Poundkeeper’s designation of the dog as potentially dangerous, dangerous, restricted or prohibited, as the case may be, and which committeemay substitute its own designation or its own requirements of the owner of a potentially dangerous dog pursuant to Sections 530.5.11 (a) to (i). By-law 97-25, 3 February, 1997; By-law 2000-66, 17 April, 2000.

530.5.16 Notice - received - hearing requested
Where the owner of a dog who receives a notice from the Poundkeeper designating such dog as a potentially dangerous dog, a dangerous dog, a restricted dog or a prohibited dog, so requests in writing to the City Clerk of The Corporation of the City of Kitchener within five (5)working days of receipt of such notice, a Committee of Council, to be known as the “Dog Designation Appeal Committee,” shall hold a hearing pursuant to the provisions of the Statutory Powers ProcedureActwithin thirty (30) working days of the City Clerk’s receipt of the request for a hearing and such committee may:
   (a) when a dog has been designated by the Poundkeeper as a potentially dangerous dog or a dangerous dog;
      (i) affirm or rescind the Poundkeeper’s designation of the dog;
      (ii) substitute its own designation of the dog as potentially dangerous or dangerous; or
      (iii) substitute its own requirements of the owner of a potentially dangerous dog pursuant to Sections 530.5.11 (a) to (i);
   (b) when a dog has been designated by the Poundkeeper as a restricted dog or a prohibited dog affirm or rescind the Poundkeeper’s designation of the dog. By-law 97-25, 3 February, 1997; By-law 2000-66, 17 April, 2000; By-law 2000-164, 2 October, 2000.

530.5.17 Complaint - inquiry by Poundkeeper
The Poundkeeper may either on itsown initiative or as a result of a complaint received by it from a resident of the City of Kitchener conduct an inquiry into whether a dog should be designated a potentially dangerous dog, a dangerous dog, a restricted dog or a prohibited dog, as the case may be.

530.5.18 Owner requirements - compliance deadline

The requirements of Sections 530.5.11, to 530.5.14, inclusive which may be imposed on a dog owner by the Poundkeeper pursuant to such Sections shall not be required until:
   (a) the time for requesting an appeal has expired without an appeal being requested;
   (b) an appeal has been requested and the request has been withdrawn or abandoned; or
   (c) an appeal has been requested and the Dog Designation Appeal Committee has issued its decision.

530.5.19 Notices - how served
Any notices served by the Poundkeeper shall be provided by hand delivery or prepaid registered mail and, in the event of service by prepaid registered mail, to the owner’s last known address shall be deemed received on the fifth working day after the date of mailing. By-law 97-25, 3 February, 1997; By-law 2000-66, 17 April, 2000.

530.5.20 Dangerous dog - other - designation
As a result of the inquiry conducted pursuant to Section 530.5.17, the Poundkeeper may designate a dog as potentially dangerous, dangerous, restricted or prohibited, where there are reasonable grounds for the Poundkeeper to believe that the dog meets the requirements of that class. By-law 2000-66, 17 April, 2000.

530.5.21 Prohibited dog - keeping - prohibited
No person shall keep or harbour a prohibited dog in the City. By-law 2000-232, 18 December, 2000.


Article 6
IMPOUNDING OF DOGS
530.6.1 Poundkeeper - authority

The Poundkeeper may seize and impound:
   (a) any dog found running at large; or
   (b) any prohibited dog. By-law 97-25, 3 February, 1997.

530.6.2 Poundkeeper - records
The Poundkeeper shall keep a record of every dog impounded or seized, including the date it was impounded, a description of the dog, the licence and tag number if it wore a tag, and the date of disposition and the disposition made. By-law 87-220, part, 14 September, 1987.

530.6.3 Restoration - to owner - conditions
The Poundkeeper may release an impounded dog to its owner:
   (a) if the owner claims possession of the dog within three (3) working days after the date of seizure and impounding; and
   (b) if the Poundkeeper is satisfied that the dog is licensed for the current year after identification of the dog by the owner and payment by the owner of Forty Dollars ($40) for the first day or any part thereof which the dog has been impounded plus the cost of any
vaccination given under Section 530.6.5.

530.6.4 Female dog - in heat - running at large
Any female dog found to be running at large in heat shall be held at the pound until no longer in heat, but in any case no longer than twenty-one (21) days.

530.6.5 Inoculation - any dog impounded - not wearing tag
Any impounded dog not wearing a tag for the current year may be given an inoculation to provide immunization against rabies.

530.6.6 Pound - maintenance fees
Where a dog is impounded, the owner shall be liable for the pound and maintenance fees prescribed and shall pay all fees on demand to the Poundkeeper.

530.6.7 Sale - by Poundkeeper
In the event that possession of any impounded dog found running at large has not been restored to the owner within three (3) working days after seizure, the dog may be:
   (a) disposed of by the Poundkeeper in a humane manner;
   (b) sold by the Poundkeeper for such price as the Poundkeeper deems reasonable; or
   (c) disposed of by the Poundkeeper pursuant to the Animals for Research Act and regulations thereunder.  The sale price of any dog sold by the Poundkeeper shall belong to the
Poundkeeper.

530.6.8 Disposal - for humane reasons
Where a dog which has been seized is injured or should be destroyed without delay for humane reasons, the Poundkeepermay dispose of the dog in a humane manner as soon after seizure as he/she thinks fit without permitting any person to reclaim the dog or without offering it for sale.

530.6.9 Dog - return to owner - Poundkeeper discretion

Despite Section 530.6.3, where a potentially dangerous dog, dangerous dog or restricted dog has been impounded for any reason, the Poundkeeper shall not restore the said dog to its owner or to any other person unless the Poundkeeper is satisfied that the person to whom the dog is to be restored is aware of and in compliance with the provisions of Section 530.5.11,
530.5.12 or 530.5.13, as the case may be. All fees otherwise payable to the Poundkeeper upon restoration of an impounded dog to its owner are payable by the owner of a potentially dangerous dog, a dangerous dog or a restricted dog for any length of time it may be held in the Pound pursuant to this Section.

530.6.10 Dog - return refused - sale - disposa
l
Where the owner of a potentially dangerous dog, a dangerous dog or a restricted dog which has been impounded is unable to demonstrate compliance with the provisions of Sections 530.5.11, 530.5.12 or 530.5.13, as the case may be, to the reasonable satisfaction of the Poundkeeper, or refuses to do so, the Poundkeeper, after a reasonable period of time, may:
   (a) dispose of the dog in a humane manner; or
   (b) sell the dog for such price as the Poundkeeper deems reasonable;  or
   (c) dispose of the dog pursuant to the Animals for Research Act and regulations there under.
The sale price of any dog sold by the Poundkeeper shall belong to the Poundkeeper.

530.6.11 Prohibited dog - impounded - disposal
Despite Section 530.6.3, where a prohibited dog has been impounded, the Poundkeeper may dispose of the dog in a humanemanner. By-law 97-25, 3 February, 1997.


Article 7
RABID DOGS
530.7.1 Proclamation - confinement of dogs

It shall and may be lawful for the Mayor at any time in his/her discretion whenever claims are being made upon the City Treasurer for damages for loss of sheep killed by dogs or whenever the disease of canine madness known as hydrophobia is prevalent, to issue his/her proclamation directing all dogs to be confined, tied up or muzzled for a limited period of time to be named in such proclamation and during the period of time so named in such proclamation it shall and may be lawful for any person or persons whomsoever to destroy any dog not properly muzzled running at large within the municipality and during such period of time it shall be a special duty of the Regional Chief of Police and any person authorized by the Chief to destroy all dogs not confined, tied up or muzzled.

530.7.2 Rabid - destroyed
Any dog known to be rabid shall be immediately destroyed.

530.7.3 Person bitten - dog impounded
Where a dog is alleged to have bitten any person, such dog may be impounded on the order of the Regional Medical Officer of Health in the manner prescribed by the Regulations under the Health Protection and Promotion Act. By-law 87-220, part, 14 September, 1987.

530.7.4 Person bitten - skin broken - notice requirement
The Poundkeeper shall notify the Regional Medical Officer of Health of any reported bites which broke the victim’s skin. By-law 2000-66, 17 April, 2000.


Article 8
ENFORCEMENT
530.8.1 Fine - contravention - Article 2

Every owner who contravenes any provision of this Chapter is guilty of an offence and is liable, upon conviction, to a fine not exceeding Five Thousand Dollars ($5,000), exclusive of costs, for each offence, recoverable under the Provincial Offences Act. By-law 91-113, 11 February, 1991.


Article 9
GENERAL PROVISIONS
530.9.1 Inspection - land - premises - authority

An inspector of the Ontario Society for the Prevention of Cruelty toAnimals and any officer of the Kitchener-Waterloo and North Waterloo Humane Society may, at all reasonable times during normal business hours, enter upon and inspect any lands and premises where dogs are kept for the purpose of insuring compliance with the provisions of this Chapter. By-law 93-49, 22 February, 1993.

530.9.2 Severability - validity
Each and every of the provisions of this Chapter is severable and if any provisions of this Chapter should for any reason be declared invalid by any court, it is the intention and desire of this Council that each and every of the then remaining provisions hereof shall remain in full force and effect. By-law 93-49, 22 February, 1993; By-law 2001-53, 2 April, 2001.