Dog Legislation Council of Canada

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CORPORATION OF THE TOWN OF LAKESHORE

BY-LAW NUMBER 46-2002
BEING A BY-LAW FOR THE REGULATION, RESTRICTION AND
PROHIBITION OF THE KEEPING AND THE RUNNING AT LARGE OF DOGS
IN THE TOWN OF LAKESHORE

WHEREAS the Municipal Act, R.S.O. 1990, c. M-45, as amended, provides that by-laws
may be passed by councils of municipalities for the licencing, keeping and regulating of
dogs;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN
OF LAKESHORE HEREBY ENACTS AS FOLLOWS:


INTERPRETATION
1. In this by-law:
“Animal Control Officer”
means a person appointed by the Corporation, whose duties include the enforcement of this by-law;

“By-law Enforcement Officer” means a person designated as such by Council;

“Corporation” means the Corporation of the Town of Lakeshore;

“Council” means the Council of the Corporation;

“Dangerous Dog” means:
   (a) any dog that attacks, threatens to attack, or is trained to attack on command, or by signal, a human being or domestic animal,
   (b) any dog of the Presa Canario, Pit Bull, Staffordshire, Bull Terrier, American Pit Bull, or American Staffordshire Terrier breeds,
   (c) any hybrid dog produced from a breed mentioned in (b) above, and
   (d) any crossbreed dog that possesses substantial characteristics of one or more of the dog breeds referred to in (b) above.

“Dog” means any breed or breed mixture of the species canis familiaris (domestic dog);

“Dwelling” means a building or structure used for human habitation;

“Kennel” means a lot, building, structure or establishment in which more than three dogs are housed, boarded or bred and for which the kennel owner has complied with section 5 of this by-law;
“Licence” meansalicenceissuedby theCorporation;

“Licence Agent” means the Clerk of the Corporation;

“Minor” means a person who is, or in the absence of evidence to the contrary, appears to be, under 17 years of age;

“Owner” includes a person who keeps, possesses or harbours a dog and where the owner is a minor the person responsible for the custody of the minor;

“Person” includes any partnership or any association;

“Pet Shop”
means an establishment engaged in the retail sale of dogs and other animals;

“Police Officer” means a member of the Ontario Provincial Police Service;

“Pound” means premises, regulated under the Animals for Research Act, that are used for the confinement, maintenance or disposal of dogs that have to be impounded pursuant to this by-law;

“Poundkeeper” means a person appointed by Council to act in the capacity of poundkeeper;

“Premises” includes the entire lot on which a building is situated;

“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 of not more than 2 metres (6 feet, 6 inches);

“Set Fine” means the fine for By-law infractions pursuant to the Provincial Offences Act Part I as set by the Regional Senior Justice of the Ontario Court of Justice.

EXEMPTIONS
2. (1) This by-law shall not apply to an animal hospital, or clinic lawfully operated and supervised by a veterinarian who is a registered member of the Ontario Veterinary Association;
    (2) An owner of a Guide Dog within the meaning of the Blind Persons’ Rights Act, R.S.O. 1990, c.B.7, as amended, a hearing ear dog or a handicap-aid dog is exempt from the payment of all licence fees imposed by this bylaw;
   (3) This by-law shall not apply to the Ontario Society for the Prevention of Cruelty to Animals (OSPCA);
    (4) This by-law shall not apply to a pound;
    (5) This by-law shall not apply to dogs maintained in a zoo, fair, exhibition or circus operated or licensed by a municipal or other governmental authority;
   (6) This by-law shall not apply to police service dogs under the ownership of any Ontario Police Service;
   (7) This by-law shall not apply to dogs maintained at a research facility registered under the Animals for Research Act.

KEEPING OF DOGS
3. (1) (a) No owner shall keep, possess or harbour a dog unless the dog is licenced by the Corporation;
           (b) No owner shall keep more than three dogs in any dwelling or on any premises;
        (c) Puppies under the age of three (3) months shall not be counted for the purpose of determining the number of dogs being kept;
    (2) Notwithstanding section 3(1) any owner with more than three dogs on the day this by-law comes into effect is permitted to keep those dogs with proof of ownership in the form of a licence provided that if the dogs should die, be sold or otherwise go out of the owner’s possession, such owner shall not replace the said dogs beyond a limit of three dogs per
dwelling or premises;
    (3) Section 3(1) of this by-law shall not apply to any owner operating a kennel licenced under Section 5 of this by-law;
    (4) Section 3(1) of this by-law shall not apply to any owner operating a pet shop;
    (5) Every owner shall remove forthwith and sanitarily dispose of excrement left by the dog on any property controlled by the Corporation;
    (6) No owner shall permit their dog to run at large;
    (7) (a) No person shall keep, possess or harbour a dangerous dog within the geographic limits of the Corporation;
         (b) Clause 3(7)(a) shall not apply to any person who keeps, possesses or harbours a dangerous dog that was registered as such with the Corporation prior to the passing of By-law Number 33-2001;
           (c) The exemption contained in clause 3(7)(b) shall not apply to any person who keeps, possesses or harbours a dangerous dog that has attacked, or threatened to attack, any human being or domestic animal.

LICENCING
4. (1) The licence agent shall keep a record showing the following dog licence registration information:
          (a) name and address of owner;
          (b) licence number;
          (c) date of registration;
          (d) description of dog; and
          (e) amount of fee paid upon registration.
    (2) Every application for a dog licence shall be accompanied by the following registration information:
          (a) name and address of owner;
          (b) date of application;
          (c) description of dog; and
          (d) the applicable fee.
   (3) The licence agent shall not issue a licence unless satisfied that the applicant is in compliance with this by-law.
    (4) Every dog licence shall expire on the thirty-first day of December of the year for which it is issued;
    (5) Upon payment of the applicable dog licence fee, the owner shall be furnished with a dog tag bearing the licence number, the year for which it was issued and the words ‘Corporation of the Town of Lakeshore’;
    (6) Every owner shall ensure that the dog tag is securely attached, at all times, to the dog for which the licence was issued;
    (7) Every owner shall notify the licence agent upon a change in ownership of a licenced dog.

KENNELS
5. (1) No person shall operate a kennel without a licence;
    (2) Every kennel licence shall expire on the thirty-first day of December of the year for which it was issued;
    (3) Every owner of a kennel shall be a member in good standing of the Canadian Kennel Club;
    (4) Every owner of a kennel shall pay to the Corporation a kennel licence fee for each year or any portion thereof as may be established annually;
    (5) Every application for a kennel licence shall be accompanied by the following registration information:
          (a) name and address of kennel owner;
          (b) date of application;
          (c) proof of current membership with the Canadian Kennel Club; and
          (d) the applicable fee.
    (6) Upon payment of the applicable kennel licence fee, the kennel owner shall be furnished with a licence certificate bearing the certificate number, the year for which it was issued and the words ‘Corporation of the Town of Lakeshore’, which the kennel owner shall display in a prominent public place in the kennel;
    (7) It shall be a condition of obtaining and maintaining a kennel licence that the kennel owner the kennel in compliance with this by-law.

FEES
6. (1) Licence fees and pound per diem charges shall be as set and approved by the Council of the Corporation from time to time.
    (2) Where a dog is claimed from the poundkeeper, the poundkeeper shall release the dog upon receipt of;
          (a) proof that the claimant owns the dog;
          (b) proof that the dog is properly licenced by the Corporation;
          (c) proof of payment of all fees and fines incurred with respect to the dog.

IMPOUNDING
7. (1) Any Animal Control Officer, By-law Enforcement Officer or Officer of the Ontario Provincial Police Service may seize any dangerous dog or dog running at large within the Corporation;
    (2) The poundkeeper shall impound any dog seized by him or delivered to him by a Police Officer or Animal Control Officer;
    (3) The owner of a dog impounded for running at large shall be entitled to claim such dog within 3 days, exclusive of statutory holidays, and days during which the pound is otherwise closed;
    (4) Where a dog that is impounded is not claimed by its owner within the redemption period specified in subsection 7(3) of this by-law, the poundkeeper may retain the dog for such further time as he may consider proper and during that time the poundkeeper 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.
    (5) Where a dog that is taken into custody is injured or in the opinion of the poundkeeper should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Animal Control Officer or other trained person appointed by the poundkeeper, may euthanize the dog in a humane manner as soon after taking it into custody as he may
determine, and may do so without permitting any person to reclaim the dog or without offering it for sale;
    (6) If in the opinion of an Animal Control Officer, a dog cannot be captured and where the safety of persons or animals are endangered, the Animal Control Officer or other trained person appointed by the poundkeeper, may euthanize the dog and no damages or compensation shall be recovered by the owner of the dog for said destruction;
   (7) Where a dog is impounded, and the services of a veterinarian are secured by the poundkeeper, the owner shall pay to the poundkeeper 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;
    (8) 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 recovered by any owner or other person from the poundkeeper or the Corporation.

ENFORCEMENT
8. Officers of the Ontario Provincial Police Service, By-law Enforcement Officers and the Animal Control Officer shall have the duty of enforcing the provisions of this by-law.

PENALTY
9. Every person who contravenes any provisions of this by-law is guilty of an offence and upon conviction is liable to a penalty as provided in the Provincial Offences Act exclusive of costs.
10. The defendant may, within twenty days of the service of the By-law Infraction Notice, pay the set fine or give notice of intention to appear in Court for the purpose of entering a plea.
11. Failure by the defendant to pay the set fine or to give notice of intention to appear in Court for the purpose of entering a plea within twenty days of the service of the By-law Infraction Notice shall render the defendant liable to prosecution pursuant to the Provincial Offences Act.

SEVERABILITY
12. Should any section, clause or provision of this by-law be declared to be invalid by a court of competent jurisdiction the same shall be deemed to be severable and shall not affect the validity of the remainder of this by-law.

REPEALS
13. Any previous by-laws of the Town of Lakeshore or the former municipalities of the Town of Belle River, or the Townships of Lakeshore, Maidstone, Rochester, Tilbury North and Tilbury West that deal with the same subject matter are hereby repealed.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
28th DAY OF MAY, 2002.
PAT HAYES-MAYOR
A. RIVEST-CLERK