| Title: | Animal Care and Control |
|---|---|
| Number: | 90-2022 |
| Adopted Date: | June 13, 2022 |
| Amends: | 61-2022 |
| Repeals: | N/A |
Corporation of The Nation Municipality
BEING a By-Law to amend by-law number 61-2022, regarding the care and control of animal.
WHEREAS, The Nation Municipality's Council adopted By-law number 61-2022;
THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows:
1. That Section 86 of By-law Number 61-2022 be amended as follows
86. That By-law number 61-2022 shall come into force on June 15th, 2022."
READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 13TH DAY OF JUNE, 2022.
Francois St. Amour,Mayor
Josée Brizard, CAO-Clerk
Corporation of The Nation Municipality
BY-LAW NO. 61-2022
Being a by-law of The Nation Municipality respecting animal care and control.
WHEREAS the Municipal Act 2001, S.O. 2001, c25, section 11(3)9, assigns the sphere of jurisdiction of Animals to lower-tier municipalities; and
WHEREAS the Municipal Act 2001, S.O. 2001, c25, Section 8(3), provides that a by-law under section 11 respecting a matter may:
a) Regulate or prohibit respecting the matter;
b) Require persons to do things respecting the matter; and,
c) Provide for system of licenses respecting the matter; and,
WHEREAS the Animals for Research Act, R.S.O., 1990, section 20, provides for rules and regulations that must be followed for the keeping of dogs in a municipal pound; and
WHEREAS the Pounds Act, R.S.O., 1990, c. P. 17, applies to every local municipality in Ontario and regulates the running at large, owners liability and impounding of large domestic farm animals; and
WHEREAS the Health Protection and Promotion Act, R.S.O., 1990, c.H.7, Section 19, provides for the isolation of animals suspected of being carriers of rabies, at municipal expense; and
WHEREAS the Dog Owners Liability Act R.S.O., 1990, Chap. D 16, provides for rules and regulations that must be followed for the keeping of dogs; and
WHEREAS it is considered desirable to pass a by-law relating to animal control within The Nation Municipality; now therefore be it
RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE NATION MUNICIPALITY ENACTS AS FOLLOWS:
Definitions
- In this by-law:
"animal" means any member of the animal kingdom, other than a human; without limitations. Animal shall include mammals, birds and reptiles.
"Animal Control Tribunal" means the person appointed by Council holding the position of chair for the purpose of animal control tribunal hearings;
"at large" means found in a place other than a property owned or occupied by its owner and not under control of any competent person and not leashed in accordance with the provisions of this by-law;
"attack" means,
a) a menacing behavior or apparent attitude of attack including but not limited to growling or snarling toward a person or a domestic animal;
b) an assault resulting in bleeding, bone breakage, sprains, scratches or bruising, or
c) aggressive behavior resulting in physical contact and damage to clothing worn by the person or domestic animal; or,
d) behavior that poses a menace to the safety of persons or domestic animals; and,
"attacked" or "attacking" have a corresponding meaning.
"bite" means wound to the skin causing it to bruise, puncture or break;
"cat" means a female or a male domesticated cat, whether spayed or neutered;
"Corporation" means the Corporation of the The Nation Municipality;
"Council" means the Council of the The Nation Municipality;
"Manager" means the person occupying the position of Manager of the Bylaw Department of the The Nation Municipality or authorized assistants;
"dog" means a canine of any breed of domesticated dog, or cross breed domesticated dog ; female or male whether spayed or neutered;
"domestic animal" includes a dog, cat or similar animal kept as a pet which is generally understood to be domesticated and is typically kept indoors at a dwelling unit;
"dwelling unit" shall mean a residential unit located in a building or structure, used or intended to be used as a domicile by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities;
"fenced yard" means a yard which is completely enclosed by a fence provided the walls of a continuously occupied building are considered as portions of the required fence, provided that all doors in such walls are equipped with locks and that all doors providing access to the fenced yard are locked when the vicious dog is inside the fenced yard;
"finish grade" shall mean:
a) When used with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building;
b) When used with reference to a structure, the average elevation of the finished surface of the ground immediately surrounding such structure;
c) When used with reference to a street, road or highway, the elevation of the street, road or highway established by the Corporation or other designated authority.
"keep" means to have temporary or permanent control or possession of an animal, and the words "kept" or "keeping" have a similar meaning;
"license" shall mean a license issued under this by-law;
"livestock" includes any domestic fowl (including chickens, geese, ducks, turkeys, guinea fowls, etc.), fur-bearing animals, horses, donkeys, mules, bulls, oxen, cows or other cattle, goats, swine, sheep, llamas, minks, foxes, emus or ostriches, or the young, or any other exotic birds;
"Medical Officer of Health" means the Medical Officer of Health for Eastern Ontario or authorized assistants or persons acting under his or her authority;
"microchip" means an approved 'Canadian Standard' encoded identification device implanted into an animal, which contains a unique code that permits or facilitates access to owner information, including the name and address of the owner, which is stored in a central data base;
"Municipality" means The Nation Municipality;
"Municipal Law Enforcement Officer" means a person appointed by Council as a Municipal Law Enforcement Officer to enforce the provisions of the by-law;
"muzzle" means a humane fastening or covering device of adequate strength placed over the mouth of an animal to prevent it from biting and the words "muzzled" and "muzzling" have corresponding meanings;
"operator of the livestock pound" means any one of the livestock handlers appointed by by-law,
"owner" means any person who possesses or harbors an animal, and where the owner is a minor, the person responsible for the custody of the minor, and includes a person who is temporarily the keeper or in control of the animal and the word "owns" has a similar meaning;
"park and recreation area" means any parcel of land owned, rented or maintained by The Nation Municipality, the South Nation River Conservation Authority and any land designated and used as a playground, sports center, foot path, pathway, splash pad or for any type of active or passive public recreation;
"pet store" means a place of business where live animals are sold or kept for sale as pets;
"petting zoo" means a collection of animals that children may pet and feed and that are not prohibited animals;
"play structure" means a swing, slide, spring-mounted riding toy, climbing equipment, play house, sand box or teeter-totter, and the sand-filled area maintained under the play structure, if any.
"pound" means the premises of The Nation Municipality, which is used for the temporary housing and care of animals that have been impounded pursuant to this by-law or provincial Act;
"pound operator" means any of the Municipal Law Enforcement officers of The Nation Municipality.
"premises" means a building or part of a building or a place;
"premises of the owner" includes premises where a dog is habitually harbored or fed;
"prohibited animals" means the animals identified in Schedule A;
"property" means a parcel of land and any buildings or structures on the land;
"protective care" means the temporary, time-limited keeping of an animal by The Nation Municipality as a result of an eviction, incarceration or fire or medical emergency;
"redemption period" means the period of time within which the owner of a dog which has been impounded pursuant to this by-law has the right to redeem it.
"running at large" shall mean found in any place other than the property of the owner of the dog or on the property of a person who has consented to it being on his land and not under the control of any competent person and not leashed in accordance with the provisions of this by-law;
"rural area" shall mean an area of land outside the village boundaries as identified in the official plan of The Nation Municipality as amended, or undeveloped areas within village boundaries;
"service animal" means an animal trained by a recognized school for service as a guide dog for the blind or visually-impaired, a guide dog for the deaf or hearing-
"impaired, or a special skills dog for other disabled persons and includes an animal used in therapy, registered with a recognized organization for that purpose;
"splash pad" means a splash pad, used for children play, whether or not there is water and includes the concrete or asphalt decking;
"sterilized" in respect to a dog or cat means being either spayed or neutered;
"tether" means a rope or chain or similar restraining device that prevents an animal from moving away from a localized area and the words "tethered" and "tethering" have a similar meaning;
"trespass" means, in the case of an animal, to enter or remain on a privately- owned property other than a property owned or occupied by its owner without the express permission of the owner or occupant of that property, and "trespassing" has a corresponding meaning;
"under control of its owner" means, in the case of an animal, being kept on a leash or lead or being physically restrained by some other effective method by its owner or by another competent person acting on the owner's behalf;
"urban area" means and includes the villages of Limoges, St-Albert, and St-Isidore, delimited as per The Nation Municipality official plan as amended;
"vicious dog" means:
a) any dog with a known propensity, tendency or disposition to attack without provocation a person or a domestic animal; or
b) any dog which as bitten another domestic animal or person without provocation
"wading pool" means a wading pool, used for children play, whether or not there is water and includes the concrete or asphalt decking;
"working dog" means a dog that is trained specifically to assist police and other law enforcement personnel in their work.
"without provocation" means in the absence of teasing, tormenting, abusing or assaulting actions upon the dog, or its owner, either in the past or the present, by the person or domestic animal, who sustained the bite or attack.
Interpretation
a) This by-law includes the Schedules annexed hereto and the Schedules are hereby declared to form part of this by-law.
b) Where a situation arises, that is not covered by a specific regulation or where two or more regulations are equally applicable, all provisions shall be complied with or, where it is not possible to comply with all the provisions applicable, the most restrictive provisions shall prevail.
Care of Animals
Responsibility to Care For Animals
- Every person who keeps an animal within The Nation Municipality shall ensure that such animal is provided with:
a) a clean and sanitary environment free from an accumulation of fecal matter,
b) adequate and appropriate care, food, water, shelter, veterinary care and opportunity for physical activity, as may be required to meet the needs of the species.
c) a shelter that is adequate and appropriate for its size and breed, is waterproof and protects it from exposure to the
Tether
4.
a) No person shall keep an animal tethered on a rope, chain or similar restraining device unless:
i. the tether is of appropriate length for the species tethered,
ii. the animal has unrestricted movement within the range of such tether,
iii. the animal has access to water, food and shelter while tethered,
iiii. the animal cannot injure itself as a result of the tethering
b) Despite clause (i) of subsection (a), in the case of dogs, the tether shall be a minimum of three (3) meters in length provided that the tether does not permit the animal to go beyond the limits of the person's property.
c) Despite subsection (a), no person shall keep an animal tethered where a choke collar, a choke chain or a pronged collar forms part of the tether.
Keeping Animals Under Sanitary Conditions
5.
a) Every person who keeps an animal within The Nation Municipality shall ensure that such animal is not kept under conditions where an accumulation of fecal matter, odor, insect infestations or rodent attractants disturb or are likely to disturb the enjoyment, comfort, convenience of a person or may endanger the health of any person or animal.
b) Subsection (a) does not apply to livestock kept in accordance with the provisions of section 63 of this by-law.
Protective Care
6. The Manager is authorized to:
a) receive animals pursuant to an eviction, incarceration, fire or medical emergency, or for any other situation that the manager deems appropriate,
b) temporarily keep such animals for a maximum of five (5) days,
c) charge the owner the current release fees and all costs for required veterinary medical care, when the animals are redeemed, and
d) at the end of the five (5) day protective care period, unless other arrangements are agreed to between the owner and The Nation Municipality, treat such animals as day-one impounded animals.
Animals in Vehicles
7. No person shall allow an animal to be outside of the passenger cab of a motor vehicle on a roadway, regardless of whether the motor vehicle is moving or parked.
8. Notwithstanding section 7, a person may allow an animal to be outside the passenger cab of a motor vehicle, including riding in the back of a pick up truck or flat bed truck if the animal is:
a) in a fully enclosed trailer, provided with ventilation;
b) in a topper enclosing the bed area of a truck provided with ventilation;
c) contained in a ventilated kennel or similar device securely fastened to the bed of the truck; or
d) securely tethered in such a manner that it is not standing on bare metal, cannot jump or be thrown from the vehicle, is not in danger of strangulation and cannot reach beyond the outside edges of the vehicle.
9. No person shall leave an animal inside a vehicle if the weather conditions are not suitable for the animal to remain free from distress or
10. A Municipal law enforcement officer who has reasonable grounds to believe that an animal left in a vehicle is in imminent danger may take steps to remove the animal from the
Running At Large
11. For the purposes of this by-law, a dog shall be deemed to be running at large if it is found not under control of the owner unless the dog is on lands of its owner or a person who has consented to it being on his land.
12. No owner of a dog shall permit the dog to run at large in The Nation Municipality.
13. Every owner of a dog shall ensure that the dog is kept on a leash having a length of not more than 2.4 meters and under the direct physical control of a person when the dog is on any land in The Nation Municipality unless:
a) the land is the premises of the owner of the dog,
b) the land is owned by a person who has given prior consent to the dog being off the leash, or
c) the land is parkland that is:
i. owned by The Nation Municipality, and designated as an off-leash dog park;
ii. not designated by sign as an area where dogs are prohibited.
14. No owner of a dog shall control a dog by means of a leash that:
a) is not held by the person in his or her hand, or
b) is not securely affixed to some immovable structure from which the dog cannot escape.
15. Sections 11, 12, 13 and 14 inclusive shall not apply to police working dogs, during the course of fulfilling their duties.
Impoundment
16. A Municipal Law Enforcement Officer may seize any dog that is found running at large in The Nation Municipality and may cause such dog to be delivered to the pound.
17. A Municipal Law Enforcement Officer, or any person or agency acting under his authority, may use necessary force to stop a dog that is running at large if:
a) he reasonably believes the dog is likely to cause imminent harm to any person or animal; or
b) the dog is injured or should be destroyed without delay for humane reasons, and no damages or compensation shall be recovered on account of such disposition.
18. Any person may seize any dog that is found trespassing or running at large in The Nation Municipality and shall surrender such dog to the Bylaw enforcement department.
19. A dog seized pursuant to Section 16 or 18 shall be considered impounded at the time and place when it comes under the control of the Municipal Enforcement Officer or person.
20. The operator of the pound to which any dog seized or found pursuant to this by-law has been delivered shall:
a) impound such dog, and
b) make reasonable efforts to determine the identity of the owner of such dog and to inform such person that the dog has been impounded.
21. The operator of the pound shall keep any impounded dog for a redemption period of three (3) days, excluding:
a) the day on which the dog is impounded
b) statutory holidays, and
c) days on which the pound is not open
22. During the redemption period, the operator of the pound shall:
a) provide such veterinary care for an injured or ill impounded dog as may be necessary to sustain its life, and
b)be entitled to recover from the owner, the cost of veterinary care provided while the dog was impounded, in addition to any other fees due to The Nation Municipality for redemption of the dog,
(b) During the redemption period, a veterinarian may euthanize an impounded seriously injured or ill dog without delay, when in the opinion of the veterinarian, such actions are warranted for humane reasons.
23. During the redemption period, the owner of a dog impounded pursuant to this By- Law may obtain release of such dog provided that the owner:
a) pays the redemption fee.
24. After the expiration of the redemption period, the operator of the pound, where a dog has been impounded pursuant to this by-law, may:
a) release the dog to its owner upon compliance with the requirements for release, prescribed in Section 23, or
b) keep, sell or dispose of the dog, subject to the provisions of the Animals for Research Act, R.S.O. 1990, Chap. A.22, as amended.
25. Whenever a dog impounded pursuant to this by-law is released to its owner pursuant to Section 23 or Section 24, a record of such release shall be kept by the operator of the pound.
Dog Bites
26. No owner of a dog shall permit his dog to bite or attack without provocation, a person, a domestic animal, domestic bird or livestock.
27. Where a Municipal Law Enforcement Officer is informed upon complaint and confirms that a dog is vicious, the Officer shall serve notice upon the owner of the vicious dog, requiring the owner to comply with any or all of the requirements set out in Sections 28 and 29 of the by-law.
28. Every owner of a vicious dog shall at all times when the vicious dog is not in the owner's dwelling unit but otherwise within the boundaries of the owner's land, ensure that:
a) the vicious dog is muzzled so as to prevent it from biting a person or domestic animal, and;
b) the vicious dog is securely leashed to the owner of the dog by means of a leash or chain not exceeding 2.4 meters (8 feet) in length;
c) the vicious dog is contained within an enclosed area, including a fence of an appropriate height for the breed of that dog, or in a manner such that the vicious dog is unable to come into contact with persons or other animals. Gates in such an enclosure shall be securely closed at all times when the dog is in the enclosure.
29. Every owner of a vicious dog shall at all times when the vicious dog is not within the boundaries of the owner's lands,
a) keep the vicious dog under the effective control of a person sixteen (16) years of age or older and under leash, such leash not to exceed two (2m) meters in length, and
b) keep the vicious dog muzzled.
30. Every owner of a vicious dog shall notify a Municipal Law Enforcement Officer within two (2) working days of any change in ownership or residence of the vicious dog and provide the Officer with the new address and telephone number of the owner.
Appeals
31. Where the owner of a vicious dog is informed that he or she must comply with sections 28 and 29 of the by-law, the owner is entitled to a hearing by the Animal Control Tribunal who may exempt the owner from the muzzling or leashing requirement or both such requirements.
32. Where the owner of a vicious dog requests in writing to the Manager a hearing by the Animal Control Tribunal, the request must be provided:
a) within fourteen (14) days of receiving the notice to comply, or
b) at any time after the Animal Control Tribunal has confirmed the muzzling or keeping requirement, or both, if the circumstances respecting the vicious dog have changed, the manager shall advise the Chair to the Animal Control Tribunal of the request for a hearing and obtain a hearing date.
33. Upon determination of the hearing date, the manager shall give notice in writing to the owner of the vicious dog, said notice to:
a) include a statement,
i. as to the time, date, place and purpose of the hearing, and
ii. that if the owner of a vicious dog does not attend the hearing, the Tribunal may proceed in his or her absence and he or she will not be entitled to any further notice, and
b) be served personally or by registered mail to the owner of the vicious dog at his or her address last on file with the manager.
34.
a) The Animal Control Tribunal shall hold the hearing pursuant to the provisions of the Statutory Powers Procedure Act, R.S.O. 1990, Chapter S.22, as amended at the time, date and place set out in the notice to comply.
b) The Nation Municipality shall be represented at the hearing by either the Manager or Solicitor, or the assistant who is entitled to adduce evidence and submit arguments.
c) The owner of the vicious dog may, at the hearing,
i. be represented by counsel or an agent,
ii. call and examine witnesses and present his or her arguments and submissions, and
iii. conduct cross-examination of witnesses reasonably required for a full and fair disclosure.
d) The Animal Control Tribunal may:
i. exempt the owner of the vicious dog from the muzzling or keeping requirements, or both, or
ii. confirm the muzzling or keeping requirement, or both, or
iii. vary the muzzling and /or keeping requirements
e) The Animal Control Tribunal shall give its decision in writing to the manager within seven (7) days of the date of the completion of the hearing.
f) The manager, in receipt of the decision referred to in subsection (e), shall forthwith notify the owner of the vicious dog of the decision by serving a copy personally or by registered mail to:
i. the owner of the vicious dog at the address last known by the manager, or
ii. the counsel or agent of the owner of the vicious dog, if any, at his or her address as stated to the Animal Control Tribunal .
g) All Hearings shall be public hearings unless the owner of a vicious dog requests that the hearing be held in camera.
h) The Animal Control Tribunal`s decision shall be final and binding.
i) A request from the owner of a dog for a hearing under this section does not act as a stay of the muzzling requirements.
35. Sections 26 to 30 inclusive shall not apply to police working dogs during the course of fulfilling their duties.
Stoop and Scoop
36. Every owner of a dog shall immediately remove any feces left by the dog in The Nation Municipality:
a) on a highway or roadway;
b) in a public park, recreation area, or conservation area
c) on any public property, or
d) on any private property other than the property of,
i. the owner of the dog, or
ii. the person having care, custody or control of the dog.
37. Every owner of a dog shall dispose of any feces removed pursuant to Section 36 on his or her premises.
38. Every owner of a dog shall remove from his or her property, in a timely manner, feces left by such dog, so as not to disturb the enjoyment, comfort, convenience of any person in the vicinity of the property.
39. Section 36 does not apply to a handler of a working dog, while engaged in a work activity or to a service animal where the handler is unable to remove the excrement left by such dog due to a physical disability or impediment.
40. Section 36 does not apply to a blind or visually impaired handler of a service animal/working dog if the feces were left while the dog was off the premises of the handler and during the course of fulfilling its duties.
Dogs in Parks
41. No owner of a dog shall have a dog on park or recreation area, or any part thereof that is designated by sign as an area where dogs are prohibited.
42. No owner of a dog shall have a dog on park or recreation area, or any part thereof, where the dog is within five (5 m) meters of:
a) a play structure,
b) a wading pool, or
c) a splash pad
43. Despite Section 42, an owner of a dog may have a dog that is kept on a leash on an asphalt path on part of a park or recreation area that is within five (5) meters of a play structure, a wading pool, or a splash pad provided that the park or recreation area is not designated by sign as an area where dogs are prohibited and the owner moves along the asphalt path without stopping.
44. The owner of a dog shall keep a dog on a leash while on park or recreation area, or any part thereof, unless such park or recreation area is designated such that dogs may be kept off-leash, providing that the person in control of such dog shall keep such dog in sight and under voice control at all times, and shall promptly leash such dog when confrontations with humans or other animals may potentially develop.
45. Sections 41 to 44 inclusive shall not apply to a service animal/working dog when accompanied by its handler.
Number of Dogs Restricted
46. No person shall keep, in or about a dwelling unit within The Nation Municipality more than three (3) dogs over twenty (20) weeks of age unless such premises are:
a) licensed by The Nation Municipality as a boarding kennel, in home breeding kennel, recreational kennel or pet shop ;
b) registered with The Nation Municipality as premises where dogs are receiving temporary foster care, or
c) an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, Chapter V.3, as amended.
Dogs Barking
47. No person shall permit a dog to bark in a persistent manner so as to disturb the peace or quiet of any residence or any person in the vicinity.
Kennels
48. This By-law applies to all persons and to the licensing of dog kennels referred to in this By-law within The Nation Municipality.
49. No person shall keep or harbor more than 3 dogs except where they are kept in a kennel located in accordance with the provisions of the By-law, regulations within the applicable zoning By-law and all applicable law.
50. No person shall keep a kennel for breeding or boarding of dogs without first having received a kennel license from the municipality.
51. Every kennel license shall expire on the 31st day of March following the date it is issued unless it is renewed for one or more further one year terms. No such license may be renewed except in accordance with the provisions of this and all relevant By-laws and Regulations. License fees shall be in accordance with Schedule "B" attached to and forming part of this By-law.
52. In the event of the death of a person to whom a kennel license has been issued under the By-law, that license shall be deemed to have been granted to his personal representative and shall be subject to the provisions of this By-law with respect to revocation thereof or otherwise.
53. Where an owner or operator of a kennel fails to comply with the Animal Care and Control By-law of The Nation Municipality, the license may be suspended or revoked.
54. No kennel shall be erected or maintained unless approval has been obtained from the manager.
55. Every person who owns and/or operates a kennel shall comply with the requirements set out in the "Code of Practice for Canadian Kennel Operations".
56. No kennel structure, or part thereof, shall be used for human habitation.
57. Every person who owns and/or operates a kennel shall permit a Municipal Law Enforcement Officer, The OSPCA, Animal Welfare Investigators, the Chief Building Official or his/her designate under the Building Code Act, or such other persons as may be appointed by council to enter and inspect the kennel at all reasonable times, upon production of proper identification, for the purposes of determining compliance with this By-law.
58. Notwithstanding the above, the granting of a kennel license shall not be refused under this By-law for reasons only of the location of such building where such building was being used as a kennel for the breeding or boarding of dogs prior to the coming into force of this By-law.
Rabies
Rabies Immunization
59. Every owner of a dog three (3) months of age or over shall ensure that the dog is duly immunized against rabies and that the immunization is current.
60. Section 59 shall be enforced by the Medical Officer of Health pursuant to the provisions of the Health Protection and Promotion Act, R.S.O. 1990, c. H. 7, as amended.
Rabies Suspects
61. Every"