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HomeMy WebLinkAboutCLD-022-06 ~!~ipgton September 27, 2006 Re: Notice of Public Meeting Proposed New Responsible Pet Owner By-law and New Kennel By-law File #: COO.GE Please be advised that the Council of the Corporation of the Municipality of Clarington will consider a proposed new Responsible Pet Owner By-law and New Kennel By-law. A copy of Report CLD-022-06 is enclosed for your information. Public Meetina The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide addition information relative to the proposed by-laws. DATE: TIME: PLACE: Monday, October 2,2006 9:30 am Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance Street, Bowmanville, ON Any person may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can made a deputation to Council at their meeting on Monday, October 16, 2006 commencing at 7:00 pm. Should you wish to appear before Council, you must register with the Clerks Department by Wednesday noon, October 11, 2006 to have your name appear in the Agenda. If you require any further information, please contact the Clerk's Department at 905-623-3379. Yours truly, ~ree tre Deputy Clerk CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 CI~mglOn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: CLD-022-06 File#: 6P/J 3j?;/Orc . By-law #: Date: October 2, 2006 Subject: PROPOSED NEW RESPONSIBLE PET OWNER BY-LAW AND KENNEL BY -LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 THAT Report CLD-022-06 be received; 2 THAT if no major objections are expressed at the Public Meeting the draft Kennel by- law be forwarded to Council for approval; and 3 THAT if no major objections are expressed at the Public Meeting the draft Responsible Pet by-law be forwarded to Council for approval; and 4 THAT Animal Alliance of Canada, the Animal Advisory Committee, and all currently licensed Kennel owners/operators be advised of Council's decision and forwarded a copy of the by-laws. Submitted by: /.) G j t, , .(..' c'-, \. i' h "--V. _c .',...- c l Reviewed by: Ff8nklin Wu, Chief Administrative Officer CAG*PLB CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-022-Q6 PAGE 2 BACKGROUND AND COMMENT By-law 99-90, commonly referred to as the Responsible Pet Owner By-law, was enacted by Council on June 28, 1999 for the purpose of promoting the humane treatment of animals and responsible pet ownership. This by-law set forth rules respecting dog licensing and registration, cat licensing and registration, animals running at large, vicious dogs, restrictions on number of pets allowed, noise as it relates to animals, licensing and operation of kennels, impoundment of animals, minimum animal care requirements, adoptions, and all applicable service fees. Since its enactment, By-law 99-90 has been amended to adjust the fees, to appoint the Manager of Municipal Law Enforcement to conduct Hearings relating to Orders to Restrain, and to repeal Section 5 "Vicious Dogs" and replace it with a new Section 5 "Order to Restrain". On March 7, 2005 Council received Report CLD-011-05, detailing the Public Safety Related to Dogs Statute Law Amendment Act, 2005. (See Attachment 1 to this Report.) At that time, the Bill, which amends the Dog Owners' Liability Act (DOLA) had not been proclaimed. However, the Act came into effect on August 28, 2005. The amendments to DOLA primarily deal with the following two issues: restrictions on pit bulls, and it expands the authority to commence proceedings against an owner of a dog to include situations where the dog has behaved in a manner that poses a menace to the safety of persons or domestic animals. Given that our prevailing By-law 99-90, as amended, is inconsistent with the requirements of DOLA, as amended, staff conducted a thorough review of the by-law. Input on this matter was provided by members of the Clarington Animal Advisory Committee, the Solicitor for the Municipality, and the Animal Alliance of Canada. In addition to reviewing the by-law for consistencies with DOLA, staff also capitalized on this opportunity and reviewed our other policies and procedures. A telephone survey of various municipalities was conducted respecting their animal services practices and service fees. The findings of this review concluded that the services and the fees for these services offered by our Animal Shelter are similar to the other comparable sized shelters in Ontario. The Responsible Pet Owners by-law is a regulatory by-law primarily enforced by the Animal Services Officers. The Kennel By-law will be a licensing by-law that will be primarily enforced by the Municipal Law Enforcement Division with the exception of the requirements dealing with care of animals and condition of pens which will be enforced primarily by the Animal Services Officers. Attachment 2 to this Report details the most significant proposed amendments to our existing Responsible Pet Owners By-law. These proposed amendments include: the inclusion of special requirements for pit bulls, the division of Kennel Licensing requirements from Responsible Pet Ownership, the inclusion of at large requirements in parks, the adjustment of the fee structure, and the provision for penalties under DOLA in addition to those under the Provincial Offences Act. REPORT NO.: CLD-022-06 PAGE 3 Attachment 3 to this Report details the most significant proposed amendments to our existing Kennel licensing and operation regulations. These proposed amendments include: classifying and defining kennels into Commercial Boarding, Commercial Breeding and Hobby Kennels; expanding on the licensing regulations to clarify kennel structure requirements, clarify licensing application requirements, and to authorize the right to inspect the kennels. The licensing fees for Kennels has been amended to more appropriately reflect the administrative costs associated with kennel licensing and enforcement (increase of $100 for Commercial Boarding and Breeding and an increase of $60 for Hobby). A copy of this Report and its attachments has been provided to all interested parties listed in this Report. Recommendation Due to the number of changes required, and to clearly differentiate between the regulatory activities of the Responsible Pet Owners By-law and the Licensing activities of the Kennel Licensing, it is recommended that the existing Responsible Pet Owners By-law #99-90 be repealed and that the attached By-laws marked Attachment 3 and Attachment 4 be forwarded to Council for approval. Attachments: Attachment 1 - Copy of Report CLD-011-05 Attachment 2 - Summary of Proposed By-law Changes - Responsible Pet Ownership Attachment 3 - Summary of Proposed By-law Changes - Kennel Licensing Attachment 4 - Proposed new Responsible Pet Owners By-law Attachment 5 - Proposed new Kennel By-law REPORT NO.: CLD-022-06 PAGE 4 Interested Parties to be advised of Council's decision: Ms. Liz White Animal Alliance of Canada 221 Broadview Avenue Suite 101 Toronto, ON M4M 2G3 Animal Advisory Committee Michael Clay - Country Lane Kennels Brian O'Connor John Sheppard Amidi Sarkis Tim Tufts - Kendal Hill Game Farm and Kennel Beverley Wiggans Christine Nicholson Catherine Bolahood Wolfram Klose - Havelberg Dog Academy Robert King Don & Cynthia Prout John Palmer Kathy Asling Catherine Ivany Douglas and Karin Aird Ari Rotman Keith and Lance Crago Peter Lauder James Rossiter Dale McGill - Tagamar ,. .... ATTACHMENT ,\ TO REPORT' (, \.:J).. oc:~ - D f.Q Cl~-iIJgton REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 7, 2005 Report #: CLD-11-05 File #: J Jj. ':,1:) /- )7~': .""~' ,. ,.,-,,,- "fJ , ~ j//. I...' It.....,.. -,,-..1- '-" J. y-law #: Subject: Public Safety Related to Dogs Statute Law Amendment Act, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-11-05 be received for information. Submitted b : ~4..ef2~1 Reviewed by: ranklin Wu, Chief Administrative Officer PLB*cag CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE'ff0110 L 1 C 3A6 T 905-623-3379 F 905-623-6506 F REPORT NO.:CLD-11.Q5 PAGE 2 BACKGROUND On Monday, March 1, 2005 Bill 132, being An Act to amend the Dog Owners' Liability Act to increase public safety in relation to dogs, including pit bulls, and to make related amendments to the Animals for Research Act, received 3rd Reading by the Legislative Assembly of Ontario. The Short title of this Act is the Public Safety Related to Dogs Statute Law Amendment Act, 2005. Generally speaking, the Legislation speaks to the following: · Expands authority to commence proceedings against an owner of a dog to include situations where the dog has behaved in a manner that poses a menace to the safety of persons or domestic animals; or against a person who contravenes the Act, regulations made under the Act or a court order made under the Act. · Courts have been granted the authority to order that a dog be neutered or spayed. · Mandatory destroying of a pit bull where the court finds that the pit bull has bitten or attacked a person or domestic animal or has behaved in a manner that poses a menace to the safety of persons, or where the owner of the pit bull has contravened the Act. · Bans the owning, breeding importing, transferring, abandoning and training to fight of a pit bull. Provides a grandfather clause for pit bulls owned at the time the Act comes into force or born within 90 days of the Act coming into force (ie. restricted pit bulls). · Provides for controls on pit bulls. · Grants search and seizure authority to Municipal Law Enforcement Officers, and others, in specified circumstances. · Increases fines for individuals, on conviction, to a maximum of $10,000 or imprisonment for a term of not more than six months, or both. Sets fines, for corporations, on conviction, to a maximum of $60,000. · Provides for matters relating to proof as to whether a dog is a pit bull for the purposes of prosecutions. Recognizing that this Legislation will significantly impact our Animal Services protocol and administrative procedures, it is Staffs intention to review the new requirements with the Animal Advisory Committee and representatives of other shelters and report back to Council on this matter. At the time this report was written, the Lieutenant Governor had not yet proclaimed the Act into force. 111U Attachment 2 Summary of By-law Changes Chan e 1. Details Regulations concerning kennel licensing and operations has been removed from the Responsible Pet Owners By-law and has been included in its own Kennel By-law. Res onsible Pet Owners B -law 2. New definitions for: Clarington, Enclosed Property, Municipal Clerk, Muzzled Dog, Order to Restrain, Restricted Pit Bull, Shelter, Special Needs Dog, Unrestricted Animal, Zoning By-law. Revised definition for: leash, Muzzle, Owner, Redemption period, Running At large, Under Control. Deleted definition for: Kennel, Residentiall Zoned lands. 3. Schedule B - Design and content of Order To Restrain shall be determined through procedures rather than the by-law. Schedule D - locations for licence sales shall be at the discretion of the Municipal Clerk. Schedule E - Removed from this b -law. 4 Sections 2.5 and 3.4 - New - authorizes the Municipality to collect information for Iicensin database. 5. Lifetime tags will no longer have a year of issue stamped on them. The original lifetime tag issued shall remain on the animal throughout the life of the animal. Re lacement ta s will be available if necessa . 6. Section 4 - Animals Running at Large - This section has been divided to separate out the specific requirements for pit bulls to ensure that the re uirements set out in DOlA are ex ressl stated. 7. Section 4.14 - Addresses Animals in Parks - This was formerly in the Parks B -law and was removed to be included in this b -law. 8. Section 5 - Aggressive Behaviour - This section was formerly entitled "Order to Restrain". With the new requirements of DOLA which speak to animals that "behave in an aggressive manner....", this section was expanded to require staff to address aggressive behaviours of pit bulls. Where a dog is a pit bull and behaves in a manner as defined in DOLA, the matter shall automatically be handled throu h DOlA. 9. Section 6 - Restriction on Number of Pets Allowed - This section has been ex anded to reflect the restrictions on it bull ownershi . 10. Former Section 7 - Noise - This section has been removed from this by-law. Noise issues relating to animals shall be enforced through the Municipal Noise 8 -law 89-184. 11. Former Section 8 - Kennels - This section has been removed from this by-law and a se arate b -law has been drafted for the licensin of Kennels. 12. Section 7 - Impoundment - This section has been expanded to grant authority to seize and destroy animals demonstrating aggressive behaviour or where the owner of the restricted pit bull has not complied with the by-law and/or DOlA. Section 7 has also been ex anded to s ecificall state what is re uired b an Chan e 13. 14. 15. 16. 17. 18. Attachment 2 Details owner before regaining possession of a dog or cat from the Clarington Animal Shelter Sections 7.8 and 7.9 . Section 8 - Surrender I Disposition - New - This section clearly defines under what conditions an animal may be surrendered to the Shelter. The dis osition clause Section 8.3 remains unchan ed. Section 9 - Ado tions - New - Sets out the conditions for ado tion. Section 10 - Stoop and Scoop - This section expands on the requirements for the owner to ick u after the animal. Provides exce tions for workin do s. Section 11 - Enforcement and Penalties - In addition to penalties provided for under the Provincial Offenses Act, penalties may also be provided for under DOlA. Section 12 - Exemptions - This section has been expanded to address visiting it bulls and do shows. Schedule A - Fees Increases in fees are proposed to more accurately reflect the administrative costs for administering the service and/or the product. Licensina - The proposed licensing fee schedule is intended to simplify the process. Where the existing fee structure sets a licensing fee and then offers rebates for microchipping, spaying and neutering, and rabies, the proposed fee structure sets out four rates for dogs and four rates for cats. This will make it easier for pet owners to understand what the fees are. As well, we anticipate it simplifying the door-to-door sales process. The new fee structure has maintained current rates, for the most part, with some minimal increases. As the Health Department insists that all cats and dogs have a current rabies vaccination, we are no longer offering a rebate for this. · Staff are recommending that the lifetime license for dogs be increased (from $30.00 to $40.00 and for cats be increased from $20.00 to $40.00) to more accurately reflect the administrative fees involved in tracking these licenses. · Discounts for early purchase are currently offered up to March and staff are recommending that these discounts be only offered for licenses purchased during the month of December in the year immediately proceeding the licensing year. This discount will not be offered for lifetime licenses. Adoptions - Staff are recommending a $10 increase in the fees for dog adoptions. Impoundments - Staff are recommending a change in the fee structure for impounded animals. If the animal is licensed with a current licence or is microchipped and if they are returned within 24 hours, and it is the first occurrence, there is no fee (this is new), but for subsequent occurrences the fee would be $75.00 (up $10 from current rates). Daily care rates are recommended to increase to $15/day from the current $12/day. Transfers - Staff are recommending a $10 increase in the fees for transferring ownership of a dog or litter brought into the animal shelter (from $45 to $55). Chan e 19. Attachment 2 Details Trap Rentals - Staff are recommending a $10 increase in the trap deposit, which is fully refundable upon return of the trap, and a $2.00 increase in the daily rental rate (from $3 to $5). Schedule B - Exceptions - Item (g) has been added to exempt lion the remises of or under the authorit or control of a law enforcement a enc ." Attachment 3 Change Details Kennel By-law 1. Regulations concerning Kennels has been removed from the Responsible Pet Owners By-law and has been included in its own Kennel By-law. 2. Definitions Kennels have been defined into two categories to differentiate between Commercial Boarding / Breeding and Hobby Kennels. 3. Section 2.0 Licensing . Only property owners are eligible to apply for the licence. . Hobby and Commercial Breeding Kennels must provide proof of active membership. . Owner must supply proof that they have never been convicted of an act pertaining to animal cruelty. . Exemptions available for dog tags and the three dog limit as set forth in the Responsible Pet Owners' By-law. 4. Inspections - the Municipal Clerk, or designate, shall be authorized to inspect the Kennel at any reasonable time. 5. Kennel Regulations . Requirement for the structure to be built in accordance with the Ontario Building Code. . No part of the kennel shall be used for human habitation or human sleeping purposes. . Requirement for technical monitoring devise. . Established standards for animal enclosures more detailed than existing by-law requirements. 6. Schedule A - Fees Increases in fees are proposed to more accurately reflect the administrative costs for administering the service and/or the product. ATTACHMENT' Ii TO REPORT, c.ll>-on.oi. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW 2005. Being a by-law to repeal By-law 99-90, as amended, and to amend By-laws 91-20 and 93-161, as amended, a by-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington, or defined areas therein. WHEREAS Sections 9 to 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended ("Municipal Act." confer the power to pass by-laws regulating or prohibiting animals to a lower-tier municipality; AND WHEREAS Section 9(3)(b) of the Municipal Act confers the power upon a municipality, in exercising its powers to regulate and prohibit respecting a matter, to provide for a system of licences, permits, approvals or registrations respecting the matter, and to impose conditions as a requirement of obtaining, continuing to hold or renew a licence, permit, approval or registration; AND WHEREAS Section 103 of the Municipal Act confers the power upon a municipality to pass a by-law to provide for the seizure and impounding of animals being at large or trespassing and the sale of impounded animals under certain conditions; AND WHEREAS Section 105 of the Municipal ACt requires Council or a Committee of Council or an animal control officer of the municipality to hold a hearing on whether to exempt an Owner in whole or in part from muzzling requirements of a dog, when so requested by the dog Owner; AND WHEREAS Section 391 of the Municipal Act authorizes the municipality to pass by- laws imposing fees or charges on any class of Persons for services or activities provided or done by or on behalf of it; AND WHEREAS Section 396 of the Municipal Act provides that a by-law passed under Section 391 may provide for fees and charges that vary on any basis the municipality considers appropriate and specifies in the by-law, and for different classes of Persons and deal with each class in a different way; AND WHEREAS the Dog Owners' Liability Act., R.S.O. 1990, c.D.16, as amended, provides for controls on pit bulls and other dog breeds as defined in the Act; Page 2 AND WHEREAS the Pounds Act, R.S.O. 1990, Chap. c.P.17 authorizes a municipality to impound animals found At Large; AND WHEREAS the Corporation of the Municipality of Clarington promotes and advocates the humane treatment of animals and responsible pet ownership; AND WHEREAS the Corporation of the Municipality of Clarington deems it desirable to pass such a by-law to reflect the requirements set out in the Dog Owners' Liability Act. NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: SECTION 1 - DEFINITIONS AND INTERPRETATION 1.1 SHORT TITLE: This By-law may be cited as the "Responsible Pet Owners By- law". 1.2 For the purposes of this By-law, unless stated otherwise or the context implies a different meaning: ALTERED - shall mean a male or female animal that has been sterilized by a licensed veterinarian. In the case of a female animal, "Altered" shall be where the animal has been spayed or otherwise operated on to prevent conception, and in the case of a male animal, "Altered" shall be where the animal has been neutered or castrated. ANIMAL - shall mean any member 'of the animal kingdom excluding humans. Without limitation, "Animal" shall include mammals, dogs, cats. birds and reptiles. ANIMAL SERVICES DIVISION - shall mean the division responsible for the enforcement of this By-law and any related animal legislation in the Municipality of Clarington. ANIMAL. SERVICES OFFICER - shall include any Person employed by the Municipality of Clarington to enforce the provisions of this By-law. AT LARGE - shall mean any Animal found in any place other than the property of the Owner of the Animal and not under the control of any Person by keeping it enclosed in a pen or other enclosure in such a manner as to prevent the Dog from leaving the property and to prevent contact with people and other Animals. Page 3 CAT - shall mean a feline of any breed of domesticated camivore of the species felis familiaris that is over 12 weeks since birth. CLARINGTON - shall mean the geographic area of the Municipality of Clarington. COUNCIL - shall mean the duly elected Council of the Municipality of Clarington. DOG - shall mean a domesticated camivore of the species canis familiaris that is over 12 weeks of age. ENCLOSED PROPERTY - shall mean a pen or other enclosure such that prevents the Animal from leaving the property and prevents contact with people and other Animals. HOUSEHOLD - shall mean any house, mobile home, dwelling unit or legal apartment unit, occupied as a single housekeeping unit for residential purposes and includes any outdoor space or accessory buildings associated with the Household. LANDS ZONED AGRICULTURAL - shall mean those lands designated as Agricultural (A) Zone and defined in the Municipality's Zoning By-law. LEASH - shall mean a strap, cord or chain which is designed to restrain the breed of Animal it is controlling. MANAGER OF MUNICIPAL LAW ENFORCEMENT - shall mean the Person appointed by Council to manage the duties and responsibilities of the Municipal Law Enforcement Division within the Clerk's Department. MUNICIPAL CLERK - shall mean the Person within the Municipality's administration who fulfils the function of municipal clerk as required by the Municipal Act, 2001, as amended, or delegate. MUNICIPAL PROPERTY - shall mean all property owned, leased or under the control of the Municipality, and without limitation, this term shall include all parks, open space, opened or unopened road allowances, sidewalks, footpaths or bicycle trails. MUNICIPALITY - shall "mean The Corporation of the Municipality of Clarington. Page 4 MUZZLE - shall mean a humane device designed to fit over the mouth of a Dog and well- fitted enough to prevent the Dog from biting, without interfering with the breathing, panting or vision of the Dog or the Dog's ability to drink. MUZZLED DOG - shall mean a Dog wearing a Muzzle in the manner anticipated by the manufacturer of the Muzzle. ORDER TO RESTRAIN - shall mean the Order issued by an Animal Services Officer in accordance with the provisions of this By-law. OWNER - shall mean a Person or their authorized agent who possesses, keeps or harbours one or more Animals within Clarington, and where the Owner of the Animal is a minor, the Person responsible for the custody of the minor and "own", "owns" and "owned" shall have corresponding meanings. PERMANENT IDENTIFICATION - means an electronic microchip encoded with identification information which has been implanted in an Animal. PERSON - includes an individual, a sole proprietorship, a partnership, an unincorporated association, a trust, a body corporate and a natural person. "Persons" shall have a corresponding meaning. PIT BULL - means a dog as identified in the Dog Owners' Liability Act, R.S.O. 1990, cD. 16. REDEMPTION PERIOD - is a period of five (5) days exclusive of the impound day and any day the Animal Shelter is closed, during which time the pet shall be eligible to be redeemed by the Owner. RESTRAINED - Where "RESTRAINED" is used in connection with a Dog which is the subject of an Order to Restrain at its Owner's Household, it shall mean: 1. kept indoors in a manner respectful of its environmental needs which prevents the said Dog from having contact with Persons who have not consented to contact; or 2. 'keptin a pen or other enclosure respectful of its environmental needs which prevents the Dog which is the subject of an Order to Restrain from: i) leaving the Owner's Household, and ii) coming into contact with Persons and other Animals who have not consented to contact. Page 5 RESTRAINED - Where "RESTRAINED" is used in connection with a Dog which is the subject of an Order to Restrain at a place other than its Owner's Household, it shall mean the said Dog will be Muzzled, leashed with a Leash no longer than 1.8 metres (6 feet) in length and under the care and control of a Person who is at least 16 years of age. RESTRICTED PIT BULL - shall mean a Dog identified as restricted pit bull under the Dog Owners' Liability Act., R.S.O. 1990, c.D.16, as amended. SHELTER - shall mean the Clarington Animal Shelter and shall include any yard or enclosure maintained by the Municipality for the safe-keeping of impounded Animals. SPECIAL NEEDS DOG - shall mean the registered Dog whose purpose is to assist a disabled Person with their daily activities. TRANSFER - shall mean the change of ownership of a Dog/Cat to the Municipality or to another eligible Person. UNALTERED - shall mean either a male or female Animal that has not been sterilized. UNDER CONTROL - shall mean a Dog that is at all times, while the Dog is off its Owner's property, on a Leash held by a Person over the age of 16 years or otherwise physically Restrained in such a manner as to prevent the Dog from biting or attacking a Person or domestic Animal and to prevent contact with people and other Animals. UNRESTRICTED Animal - shall mean the breeds of domesticated Dogs that are not a Pit Bull. ZONING BY-LAW - shall mean the Municipality's By-law #84-63, as amended, and as may be further amended or replaced from time to time. 1.3 All words and personal pronouns relating to words contained in this By-law shall be read and construed with the appropriate number and gender of the Person or Animal referred to in each case. 1.4 In the event any of the provisions of this By-law are deemed invalid or void, in whole or in part, by any court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect. 1.5 Schedules A, and B, attached to this By-law form an integral part of it. Page 6 Schedule A - Licence Fee Schedule Schedule B - Exceptions 1.6 Reference to legislation within this By-law shall be deemed to include such legislation, as amended, including successor legislation. 1.7 Hereinafter the Dog Owners' Liability Act, R.S.O. 1990, c.D.16, as amended, shall be referred to as "the Act". SECTION 2 . DOG LICENSING AND REGISTRATION 2.1 This section applies to all Dogs. 2.2 Every Owner of a Dog shall obtain an annual licence for such Dog by registering the Dog with the Animal Services Division and paying the prescribed fees as set out in Schedule A. The licence may be purchased from locations as deemed appropriate by the Municipal Clerk. 2.3 No Person shall become an Owner of a Dog within Clarington without having obtained a licence for the Dog and registering the Dog with the Municipality for the current year and shall obtain a licence thereafter on an annual basis. 2.4 Every licence issued pursuant to section 2.1 shall expire on December 31 of the calendar year for which it was issued. 2.5 To obtain a dog licence under this By-law, the Owner of the Dog shall provide to the Municipality such information as the Municipal Clerk may require, including but not limited to: Owner name, Owner address, Owner home and business telephone number, Animal breed, Animal unique markings, Animal name, and Animal rabies information. 2.6 Upon providing the required information and upon payment of the licence and registration fee, the Owner of a Dog shall be furnished with a tag for each Dog and shall ensure that the said tag shall be kept securely affixed to the Dog at all times. The tag shall consist of a metallic plate or such other material approved by the Municipal Clerk and shall indicate the licence number under which the Dog is registered and the period for which the licence was issued. Page 7 2.7 The licence shall bear a number corresponding to the number under which the Dog is registered and a record shall be kept by the Animal Services Division showing the name and address of the Owner, a description of the Dog, the number of the licence and the date on which it was issued. 2.8 No Owner shall affix or permit to be affixed a tag issued by or on behalf of the Municipality to any Dog other than the Dog for which the licence was issued. 2.9 The Municipal Clerk, at his/her discretion, may refuse to issue a Dog licence to any Person. 2.10 Notwithstanding Section 2.6, above, a lifetime tag will not indicate the licensing period. SECTION 3 . CAT LICENSING AND REGISTRATION 3.1 Every Owner of a Cat shall obtain an annual licence for such Cat by registering the Cat with the Animal Services Division and paying the prescribed fees as set out in Schedule A. The licence may be purchased from locations as deemed appropriate by the Municipal Clerk, or designate. 3.2 No Person shall become an Owner of a Cat within Clarington without having obtained a licence for the Cat and registering the Cat with the Municipality for the current year and shall obtain a licence thereafter on an annual basis. 3.3 Every licence issued pursuant to section 3.1 shall expire on December 31 of the calendar year for which it was issued. 3.4 To obtain a Cat licence under this By-law, the Owner of a Cat shall provide to the Municipality such information as the Municipal Clerk may require including but not limited to: Owner name, Owner address, Owner home and business telephone number, Animal breed, Animal unique markings, Animal name, and Animal rabies information. 3.5 Upon providing the required information and upon payment of the licence and registration fee, the Owner of a Cat shall be fumished with a tag for each Cat and the said tag shall be kept securely affixed to the Cat at all times. The tag shall consist of a metallic plate or such other material approved by the Municipal Clerk and shall indicate the licence number under which the cat is registered and the period for which the licence was issued. Page 8 3.6 The licence shall bear a number corresponding to the number under which the Cat is registered and a record shall be kept by the Animal Services Division showing the name and address of the Owner, a description of the cat, the number of the licence and the date on which it was issued. 3.7 No Owner shall affix or permit to be affixed a tag issued by or on behalf of the Municipality for any Cat other than the Cat for which the licence was issued. 3.8 The Municipal Clerk may, at his/her discretion, refuse to issue a Cat licence to any Person. SECTION 4 - ANIMALS AT LARGE 4.1 This subsection applies to all Animals as govemed by this By-law, with the exception of Restricted Pit Bulls. 4.1.1 No Person shall permit or allow an Animal to be At Large within the limits of the Municipality. 4.1.2 No Owner of an Animal shall permit such Animal, whether Leashed or unleashed, to enter private property without the consent of the Owner or occupant. 4.1.3 Every Owner of a Dog or Person having control of a Dog shall control such Dog on a Leash when this Dog is away from its Household. 4.1.4 Notwithstanding the generality of 4.1.1, while in any park, no person shall: (a) allow any Animal to be At Large, except in a designated area; and (b) permit any animal to enter any beach, pond. swimming area, farm area, garden, landscaped area, playground or sports field. 4.2 This subsection applies only to Restricted Pit Bulls. 4.2.1 No Person shall permit or allow a Restricted Pit Bull to be At Large within the limits of the Municipality. Page 9 4.2.2 Every Owner of a a Restricted Pit Bull shall ensure that the Restricted Pit Bull is equipped with a Muzzle and secured by a Leash when the Restricted Pit Bull is not within Enclosed Property occupied by the Owner of the Restricted Pit Bull or not within Enclosed Property occupied by a Person who consents to the Restricted Pit Bull being off Leash or off Muzzle. 4.2.3 Where a Restricted Pit Bull is required to be Muzzled and secured by a Leash. every Owner of a Restricted Pit Bull shall ensure that the Muzzle and Leash comply with the following rules: (a) the Restricted Pit Bull shall be fitted with a collar or hamess that is properly fitted to and placed on the Restricted Pit Bull. (b) the movement of the Restricted Pit Bull shall be controlled by a Person by means of a Leash attached to the collar or hamess on the Restricted Pit Bull. (c) the Leash shall not be more than 1.8 metres in length and shall be attached to the collar or hamess. (d) the collar or hamess. the Leash and the attachment between the Leash and the collar or hamess are all strong enough to prevent the Restricted Pit Bull from breaking any of them. (e) the mouth of the Restricted Pit Bull shall be covered by a Muzzle that is humane and that is strong enough and well-fitted enough to prevent the Restricted Pit Bull from biting, without interfering with the breathing, panting or vision of the dog. SECTION 5 - "AGGRESSIVE BEHAVIOUR" 5.1 The Animal Services Officer shall investigate any incident of aggressive behaviour which has been reported to the Durham Region Health Department. Durham Regional Police Services, or to the Animal Services Division. 5.2 Order to Restrain - This section applies to all Animals as govemed by this By-law with the exception of Restricted Pit Bulls. Page 10 5.2.1 Where an Animal Services Officer has investigated and is satisfied that a Dog has placed a Person or domestic Animal at risk of physical harm, the Animal Services Officer shall issue an Order to Restrain to the Owner of the Dog. 5.2.2 Where an Animal Services Officer has investigated and is satisfied that a Dog has bitten or attacked a Person or domestic Animal, the Animal Services Officer shall issue an Order to Restrain to the Owner of the Dog. 5.2.3 Where an Order to Restrain has been issued under this By-law, the Dog Owner will be served with a copy of the written Order to Restrain in the form determined by the Municipal Clerk. Service shall be effected by delivering the Order to Restrain personally to the Owner of the Dog or by leaving it for the Owner at the Owner's last known or usual place of abode with an inhabitant thereof who appears to be at least 16 years of age or by registered mail to the Owner's last known address. Service is deemed to be effected five (5) days after mailing. 5.2.4 Nothing contained in this By-law shall derogate from the authority of a peace officer or an Animal Services Officer under the Act. 5.2.5 Where an Order to Restrain has been issued under this By-law, the Dog Owner may apply to the Municipality for a hearing as to whether or not the Order to Restrain, in whole or in part, should be revoked or amended. An application for a hearing by the Manager of Municipal Law Enforcement shall be filed, in writing, by the Dog Owner or the Dog Owner's agent, with the Municipal Clerk of the Municipality at 40 Temperance Street, Bowmanville, Ontario, within ten (10) business days (excluding Saturdays, Sundays and Statutory Holidays) of the date the Order to Restrain is served upon the Owner. As soon as practicable after receipt of the appeal, the Municipal Clerk of the Municipality shall notify the Dog Owner and any other Persons having an interest in the incident leading to the issuance of the Order to Restrain, of the date, time and location of the hearing. If an Owner fails to appear at such hearing, the Order to Restrain shall be deemed to be in full force and effect as if no appeal had been filed. It shall be understood that between the date of service of the Order and the date of the Hearing, the Owner shall comply with the Order to Restrain by leashing and muzzling the dog. 5.2.6 An Order to Restrain shall include the following requirements: Page 11 (a) licence and register the Dog with the Municipality within seven (7) days and have the Dog permanently identified by microchip implantation, at the Owner's expense, within twenty-one (21) days of receipt of the Order to Restrain. The Owner shall provide proof of such registration and implantation to the Animal Services Division within thirty (30) days of receipt of the Order to Restrain; (b) Notify the Municipal Clerk, or designate, immediately upon relocating the Dog or upon a Transfer of ownership of the Dog; (c) Restrain the Dog at all times, while the Dog is on the Owner's own property, by keeping it enclosed in a pen or other enclosure in such a manner.as to prevent the Dog from leaving the Owner's property and to prevent contact with people and other Animals; and (d) Restrain the Dog at all times, while the Dog is off the Owner's own property, with the use of a Muzzle and a Leash no longer that 6 feet, and under the care and control of Person who is sixteen (16) years of age or older. 5.2.7 Where an Order to Restrain has been issued under this By-law, all requirements must be complied with effective immediately upon service, with the following exceptions: (a) The Dog Owner shall have the Dog, which is the subject of the Order to Restrain, licensed and registered, at the Owner's expense, within seven (7) days of the service of the Order to Restrain. (b) Where an Order to Restrain has been issued under this By-law, and no appeal has been filed, the Dog Owner shall have the Dog, which is the subject of an Order to Restrain, permanently identified by microchip implantation, at the Owner's expense, within twenty-one (21) days of the service of the Order to Restrain. (c) Where an Order to Restrain has been issued under this By-law, and the Owner files an appeal in accordance with section 5.2.5 of this By-law, the Dog Owner shall have the Dog, which is the subject of an Order to Restrain in compliance with the terms of the Order to Restrain as may be amended by the Chair of the Hearing, within seven (7) days of the date the hearing is held. Page 12 5.2.8 A Dog Owner who is required to licence, register and identify by microchip implantation a Dog which is the subject of an Order to Restrain issued under this By-law shall provide proof thereof to the Shelter within thirty (30) days of service of the Order to Restrain when no appeal has been filed and within fifteen (15) days of the date of the hearing, when an appeal has been filed. 5.2.9 Every Owner of a Dog that is subject to an Order to Restrain issued under this By-law, upon relocation of his or her residence, or that of the said Dog, or upon ceasing to own the said Dog, shall be required to immediately notify the Shelter of the change of address, or the name and address of the new Owner or the new location of the said Dog, as the case may be. 5.2.10 Every Owner of a Dog that is the subject of an Order to Restrain issued under this By-law, who fails to comply with that Order to Restrain is guilty of an offence. 5.3 "PROCEEDING UNDER THE ACT" - Provisions of this section in no way derogate from or limit the applicability of the Act as it relates to all Dogs. 5.3.1 Where an Animal Services Officer has conducted an investigation and is satisfied that an incident involving a Pit Bull (Restricted or otherwise), constitutes a violation under the Dog Owners' Liability Act., R.S.O. 1990, c.D.16. as amended, the Animal Services Officer shall commence a proceeding against the Owner(s) of the Pit Bull, in accordance with the Dog Owners' Liability Act., R.S.O. 1990, c.D.16, as amended. SECTION 6 - RESTRICTION ON NUMBER OF PETS ALLOWED 6.1 Cats 6.1.1 A Person shall be allowed to own or keep up to five (5) cats if all cats have been Altered, permanently identified with a microchip implantation and are kept in an Enclosed Property. 6.1.2 No Person shall own or keep more than three (3) Unaltered cats. 6.1.3 Notwithstanding the limits set forth in Sections 6.1.1 and 6.1.2, there are no restrictions on the number of Cats permitted on Lands Zoned Agricultural. Page 13 6.2 Dogs 6.2.1 No Person shall own or keep more than three (3) Dogs. 6.2.2 Notwithstanding the limit set forth in section 6.2.1, there are no restrictions on the number of Dogs permitted on Lands Zoned Agricultural. 6.3 Restricted Pit Bulls 6.3.1 No Person shall own a Pit Bull unless it is Restricted Pit Bull and they are eligible under the Act. 6.3.2 No Person shall breed a Restricted Pit Bull. 6.3.3 No Person shall Transfer a Restricted Pit Bull unless the Transfer is effected in accordance with the Act. SECTION 7 . IMPOUNDMENT 7.1 This section applies to all Animals as governed by this By-law. 7.2 Every officer of the Durham Regional Police Services and every Animal Services Officer shall have the power to seize and destroy, whether before or after impounding, any Dog if: (a) The Dog has on one or more occasion demonstrated aggressive behaviour. (b) An Owner of the Dog has on one or more occasion failed to exercise reasonable precautions to prevent the Dog from demonstrating aggressive behaviour. (c) The Animal is a Restricted Pit Bull and an Owner of the Restricted Pit Bull has on one or more occasions failed to comply with one or more of the requirements of the By- law or the Act. (d) There is reason to believe that the Restricted Pit Bull may cause harm to a Person or domestic Animal. Page 14 7.3 Every officer of the Durham Regional Police Services and every Animal Services Officer shall have the power to seize and impound any Animal found At Large within the limits of the Municipality contrary to the provisions of this By-law. 7.4 When an Animal has been found At Large contrary to the provisions of this By-law, has been seized by an Animal Services Officer and taken to the Clarington Animal Shelter, such Animal shall be impounded and held for the duration of the Redemption Period. 7.5 If any Animal so seized and impounded is not claimed on or before the last day of the Redemption Period, the Animal Services Officer may, at that Officer's discretion and subject to the Animals for Research Act, R.S.O. 1990, Chap. A. 22, destroy or sell the Animal. Nothing in this By-law shall prevent an Animal Services Officer from destroying an Animal which is suffering illness or injury and, in the Officer's opinion, will not humanely sustain life. 7.6 The Animal Services Division shall keep a record of all Animals seized and impounded pursuant to this By-law. 7.7 Any Owner claiming an Animal which has been seized and impounded shall pay to the Animal Services Division of the Municipality the administration fees as set out in Schedule A of this By-law. 7.8 No Person, resident in Clarington, shall regain possession of a Dog or Cat from the Clarington Animal Shelter without first obtaining a licence for the Dog or Cat for the current year and shall pay any related administration fees incurred, including but not limited to: licence fee, impound fees and any necessary health care costs while the animal was under the care of the Shelter. In the event the Person has already registered and licensed the Dog or Cat for the current year, or is a resident of another municipality, the Person shall provide sufficient proof thereof by producing the tag or licence to the Animal Services Officer or proof of residency outside of Clarington, and shall be exempt from paying the licence fee. 7.9 No Person, resident in the Province of Ontario, shall regain possession of a Restricted Pit Bull from the Shelter without first providing proof that the Restricted Pit Bull complies with all requirements under the Act. Where proof cannot be provided, the necessary steps shall be taken by the Animal Services Officer to ensure that the requirements of this By-law and the Act are met. The Owner of the Restricted Pit Bull shall pay any related administration fees incurred, including but not limited to: licence, Page 15 impound fees, and any necessary health care costs while the Animal was under the care of the Animal Shelter. SECTION 8 - SURRENDER I DISPOSITION 8.1 This section applies to all Animals as governed by this By-law. 8.2 The Animal Services Officer shall accept the Transfer of ownership of a Dog or Cat from an Owner to the Municipality upon: (a) receipt of a written request from the Owner accompanied by payment of the appropriate fee prescribed in Schedule A of this By-law; (b) determination by the Animal Services Officer that the Animal can reasonably be expected to be placed in a new home; (c) receipt of any other information the Animal Services Officer requests; and (d) space being available within the Shelter. 8.3 Any Animals destroyed under this By-law shall be disposed of in such a manner as may be determined from time to time. SECTION 9 . ADOPTION 9.1 This section applies to all Animals as governed by this By-law. 9.2 A Person may adopt an Animal from the Animal Services Division, upon demonstrating to the satisfaction of the Animal Services Officer that the Person is capable of providing proper care to the Animal and otherwise meets the requirements of this By-law. 9.3 A Person adopting an Animal from the Animal Services Division shall pay the appropriate adoption fee as set out in Schedule A. 9.4 If the Animal to be adopted is a Dog or a Cat, the Person adopting the Animal shall obtain a licence at the time of adoption, as per Section 2 of this By-law. 9.5 The Shelter shall take all necessary steps to ensure that all Restricted Pit Bulls comply with the requirements under the Act prior to adopting the Restricted Pit Bull. Page 16 SECTION 10 - STOOP AND SCOOP 10.1 Every Owner of an Animal shall immediately remove and dispose of, in a hygienic manner, all excrement left by the Animal on any property, other than the Animal Owner's or agent's property, within Clarington. 10.2 Section 10.1 does not apply to a handler of a Special Needs Dog, where the handler is unable to remove the excrement left by such Special Needs Dog due to a physical disability or impediment. 10.3 Section 10.1 does not apply to a blind or visually impaired handler of a Special Needs Dog if the faeces were left while the Special Needs Dog was off the premises of the handler and during the course of fulfilling its duties. 10.4 Every Owner of a Dog shall remove from his or her premises, in a timely manner, excrement left by such dog, so as not to disturb the enjoyment, comfort, convenience of any Person in the vicinity of the premises. SECTION 11 . ENFORCEMENT AND PENALTIES 11.1 The Council shall appoint one or more Animal Services Officers who shall investigate Animal-related complaints and enforce the provisions of this By-law. 11.2 By-law. Animal Services Officers shall provide all services as required by this 11.3 Every Person who contravenes any provision of this By-law unless otherwise stated is guilty of an offence. 11.4 Every Person or corporation found guilty of an offence under this By-law, is liable to a penalty or fine as provided .for in the Provincial Offences Act, which maximum penalty shall not restrict the penalty or fine provided for offences prosecuted pursuant to the Dog Owner's Liability Act. SECTION 12. EXEMPTIONS Page 17 12.1 "REGISTERED SPECIAL NEEDS DOG(S)": Every Person who owns a registered special needs dog, shall license such Dog pursuant to the licensing requirements of this by-law, as applicable. Upon presentation of the applicable certificate from the registering agency, the dog's Owner will be exempted from payment of the required license fee. Page 18 12.2 "VISITING ANIMAL(S) 12.2.1 NOT PIT BULLS Where the Owner of the Animal is a non-resident of Clarington, and his or her Animal will not be kept within Clarington for a time period longer than thirty (30) days in anyone (1) calendar year, its Owner shall not be required to comply with the licensing requirements of this By-law if the Owner can provide proof of current registration from the Animal's governing authority for the Owner's Household. 12.2.2 RESTRICTED PIT BULLS: Where the Owner of a Restricted Pit Bull is a non-resident of Clarington, and his or her Restricted Pit Bull will not be kept within Clarington for a consecutive time period longer than thirty (30) days in anyone (1) calendar year, its Owner shall not be required to comply with the licensing requirements of this By-law if the Owner can provide proof of current registration from the Restricted Pit Bull's governing authority for the Owner's Household and proof that the Restricted Pit Bull is compliant with the requirements under the Act. 12.2.3 PIT BULLS: Pit Bulls are prohibited from entering Clarington, unless the Pit Bull is a Restricted Pit Bull. 12.3 'VETERINARIAN(S)": A licensed Veterinarian shall not be considered an Owner of an Animal for the purpose of this section where the Animal has been brought upon his or her premises for care or treatment. 12.4 "DOG SHOWS.. All restricted Animals brought into the Municipality for the purpose of a "dog show" as defined in O. Reg. 157/05, must comply with all requirements of the Act. SECTION 13 - MINIMUM ANIMAL CARE REQUIREMENTS 13.1 This section applies to all Animals as governed by this By-law. 13.2 Every Person who owns an Animal within the Municipality shall provide the Animal or cause it to be provided with suitable food, potable water and veterinary care as required to maintain the health and well-being of the Animal. Page 19 13.3 Where an Animal is customarily kept out-of-doors, the Owner shall at all times provide for the use of the Animal a structurally sound, weatherproof, insulated enclosure with off-the-ground flooring. 13.4 Whenever an Animal is tethered on the Owner's premises, the tether shall allow for the sufficient exercise for the Animal. 13.5 Every Person who owns an Unaltered female Animal shall, during each period that the Animal is in heat, keep it confined in a manner that will not attract other Animals. 13.6 Every Person who maltreats or neglects or is found to be cruel to any Animal and every Person who contravenes any of the provisions of Section 13 of this By- law may be reported, by the Officer, to a chapter of the Ontario Humane Society or the Ontario Society for the Prevention of Cruelty to Animals or other society associated therewith. SECTION 14. MISCELLANEOUS 14.1 Notwithstanding any other provision of this By-law it shall not apply in respect of Animals owned by any Person which are kept on any premises listed in Schedule B. Notwithstanding the above, the premises listed in Schedule B must comply with the rules of this By-law as they relate to restricted Animals. 14.2 By-laws 99-90, 2000-154, 2001-170, and 2002-136, 2004-193 (collectively the Preceding By-Law") are hereby repealed. 14.3 Schedule B of By-law 93-161 is hereby amended to add the following immediately following the Reference to Domestic Dogs: "(with the exception of those breeds of dogs as restricted under the Dog Owners Liability Act, R.S.O. 1990, c.D.16, as amended, which shall only be permitted as per the rules set out in the Act.)". 14.4 All fees payable under this By-law shall be made in cash, by credit card or debit. 14.5 None of the provisions in this By-law are intended to or shall be deemed to derogate from the provisions of By-law 93-161, as amended. Page 20 14.6 This By-law shall come into effect on the date of passing with the exception of Schedule A. 14.7 The fees set for in Schedule A of this by-law shall come into effect January 1, 2007, and shall apply to any licences sold before January 1, 2007 for the licensing period beginning January 1, 2007. 14.8 All licences issued on the Preceding By-law shall remain in force and effect. By-law read a first and second time this day of , 2006. By-law read a third time and finally passed this day of ,2006. MAYOR MUNICIPAL CLERK SCHEDULE A TO MUNICIPALITY OF CLARINGTON BY-LAW?11 EFFECTIVE - JANUARY 1, 2007 Adoption Fees Details Fee Doas $85.00 Cats $120.00 (All cats are Altered prior to adoption unless Cat is too young or too small at time adoption, in which case the Owner is offered a rebate uoon proof of alterina cat.) licence Fees Details Fee 1. Dca - microchipped & spayed or neutered $10.00 2. Doa - soaved or neutered or microchiooed $20.00 3. Doa - Unaltered $35.00 4. Doa -lifetime (must be altered & microchiooed) $40.00 5. Cat - microchiooed & spayed or neutered $10.00 6. Cat - soaved or neutered or microchiooed $20.00 7. Cat - Unaltered $25.00 8. Cat - lifetime (must be altered & microchiooed) $40.00 NOTE: There is a 10% discount for licences purchased before January 1 sr of the Iicensina vear. Impoundment Administration Fe.. Details Fee Impoundment of dog/cat wearing current licence or who Is mlcrochlpped 1. First occurrence Free (if returned/picked up within 24 hours) Otherwise $50.00 2. Second or subseauent occurrence $75.00 3. Daily care fee $15.00/day (every Dog impounded is subject to an additional charge for every day or part of a day after the day the Animal is brouaht into impoundment.) Impoundment of dog/cat NOT wearing current licence or NOT mlcrochlpped 1. First occurrence $50.00 2. Second or subseauent occurrence $75.00 3. Daily care fee $15.00/day (Every Dog impounded is subject to an additional charge for every day or part of a day after the day the Animal is brouaht into impoundment.) 4. In addition to the fees detailed above, every Owner of a Varies, in accordance Dog not licensed for the current year who is a resident of with Clarington's the Municipality is also required to pay the licence fees in licensing fees addition to the impoundment fees Page 2 Transfer Fees Details I Fee *The Animal Services Division can only accept surrendered Animals if they can reasonably be expected to be placed in a new home. Animals will not be accepted for euthanasia. Pets are screened carefully to avoid placing problem Animals in new homes 1. Transfer of ownership of a Dog or litter, brought into the $55.00 Animal Shelter 2. Transfer of ownership of a dog, picked up by the Animal $65.00 Services Officers, during normal working hours (excluding Sunday and Holidays) 3. Transfer of ownership of a dog, picked up by the Animal $90.00 Services Officer, outside reaular business hours. Trap Rental Fees Details Fee 1. Deoosit - fully refundable on return of trao $45.00 1. Daily rental $5.00 I dav SCHEDULE B TO MUNICIPALITY OF CLARINGTON BY-LAW 11? EXCEPTIONS a} on the premises of the Bowmanville Zoo, the Orono Cat World, and any other facility accredited by the Canadian Association of Zoological Parks and Aquaria (CAZA); b} on the premises of the Ontario Society for the Prevention of Cruelty to Animals (O.S.P.C.A.); c} in a veterinary hospital under the care of a licensed veterinarian; d} on the premises of any television or film studio where such Animals are being kept temporarily for the purpose of a television or film production; e} on the premises of the Corporation of the Municipality of Clarington; f} on the premises of Pet Shops; g) on the premises or under the authority or control of a law enforcement agency. ATTACHMENT ,S JO REPORT I r L,..., .ti2.:~-()JL THE CORPORATION OF MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a By-law to license, regulate and govem kennels in the Municipality of Clarington WHEREAS section 150 of the Municipal Act, S.O. 2001 authorizes Council to license and regulate a variety of businesses and events. The authority includes: the power to issue licences on condition, revoke licences, suspend licences, to regulate or govem the place used in carrying on of businesses, and many other matters; and WHEREAS the Council of the Corporation of the Municipality of Clarington deems it necessary and desirable to license certain businesses carried on in the Municipality of Clarington to promote the health and safety of residence, provide nuisance control, and ensure COnsumer protection, NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1.0 DEFINITIONS: For the purposes of this By-law; ANIMAL - shall mean any member of the animal kingdom of living beings, excluding humans. Without limitation, "ANIMAL" shall include mammals, Dogs, Cats, birds, and reptiles. ANIMAL SOUND - shall mean any sound emitted from an animal which, is audible at a point of reception. This term includes: barking, whimpering, whining, howling, and yelping. ANIMAL SERVICES OFFICER - shall include any Person employed by the Municipality of Clarington to enforce the provisions of this By-law. APPLICANT - shall include a person seeking a licence, or renewal of a licence or a person whose licence is being considered for revocation or suspension. BOARDING - shall mean the taking in of domestic animals for a period of time for financial gain. BOARDING FACILITY - shall mean a facility that takes in domestic animals for a period of time for financial gain. BREEDING - shall mean the generating of offspring resulting in a quality of bloodlines as in purebred. BUSINESS - shall include a trade that requires a licence pursuant to this By-law, whether or not a licence has been issued or maintained for that business. BY -LAW - shall mean this By-law as it may be amended from time to time. The Recitals to and the schedules attached to this By-law are considered integral parts of it. CHIEF BUILDING OFFICIAL - shall mean the person within the Municipality's administration who fulfills the function of chief building official as required by the Ontario Building Code Act, 1992, or his or her delegate. CLERK - shall mean the person within the Municipality's administration who fulfills the function of municipal clerk as required by the Municipal Act, 2001 or his or her delegate. COUNCIL - shall mean the elected municipal council for the Municipality of Clarington. DOG - shall mean a domesticated carnivore of the species canis familiaris that is over 12 weeks of age. KENNEL - shall mean any building, structure, dog run or other facility or part thereof, where: a) dogs are kept for breeding or show purposes; or b) dogs are kept solely for the purpose of routinely entering into dog sled or other similar races; or c) hunting dogs are kept for hunting purposes. (I). COMMERCIAL BOARDING kennel or COMMERCIAL BREEDING kennel - shall mean any kennel used for the keeping of eight (8) or more dogs but does not include a veterinarian clinic. In addition to the maximum number of dogs set out above, a maximum of two litters of pups, per bitch, up to sixteen (16) weeks of age may be permitted in any licensing year. (II) HOBBY KENNEL - shall mean any kennel used for the keeping of more than three (3) but less that eight (8) dogs, but does not include a veterinarian clinic. LICENCE - means a licence to operate a trade issued pursuant to this By-law. LICENSING OFFICER - shall mean a Municipal Law Enforcement Officer appointed by Council for the purpose of processing and issuing licences under this By-law and enforcing the provisions of this By-law. MUNICIPALITY - shall mean the Corporation of the Municipality of Clarington. MUNICIPAL LAW ENFORCEMENT OFFICER - shall mean a person or persons appointed by Council for the purpose of animal control or appointed as a Municipal Law Enforcement Officer. OPERATOR - shall mean a person with care and control of a business at any given point in time, with authorization of the owner of the business. The terms .operate-, .operation-, and words of like import or intent have corresponding meaning. OWNER - shall mean the person who owns, possesses or harbours a dog and, where the owner is a minor, the person responsible for the custody of the dog. POINT OF RECEPTION - shall mean any geographic location at which a sound can be heard, excluding the premises from which the sound originates. PROPERTY OWNER - shall mean the person who is the registered owner of the property on which the kennel or boarding facility is located. PUREBRED - shall mean any dog that is registered or eligible of registration with an association incorporated under the Animal Pedigree Act (Canada). 1138 TRADE - shall mean and include business, calling or occupation and Mcarrying on a trade" includes any act of: a), selling any goods or services; or b) soliciting business or offering or exposing goods or services for sale or hire. 2.0 LICENSING 2.1 No person shall own, operate, manage, control, supervise or have any kennel, or boarding facility without a licence issued by the municipality. 2.2 Only the Property Owner may apply for and be issued a licence. A licence issued to the Property Owner is not transferable to any new Property Owner. . 2.3 Every Property Owner who applies for a licence shall do so in writing on the form provided by the Municipality. 2.4 Hobby and Commercial Breeding Kennel applicants shall supply the following: . 2.4.1 In the case of a Kennel for Purebred Dogs, proof of active membership in the Canadian Kennel Club or any other association incorporated under the Animal Pedigree (Canada); or 2.4.2 In the case of a Kennel for sled Dogs. proof of active participation or registration in dog sled or similar races within the previous or impending 12 months as may be deemed acceptable by the Licensing Officer; or 2.4.3 In the case of a Kennel for hunting dogs, (a) proof of active membership in the Canadian Kennel Club for registered hunting dogs; or (b) proof of active membership in an association for the purpose of hunting dogs training or trailing; or (c) a hunting Dog Licence for each dog issued by the Ministry of Natural Resources within the previous 12 months; or (d) such other proof of hunting activities in the previous or impending 12 month period as may be deemed acceptable by the Licensing Officer. 2.4.4 In all cases written clearance from the Municipality of Clarington assuring compliance with the Zoning By-law, with any associated costs bome by the applicant; and 2.4.5 In all cases a site plan, drawn to scale showing the location of all buildings or structures on the subject property, including the location of all buildings or structures to be used for Kennel purposes. The site plan must also specify the distance which separates the Kenn~1 ~m all property lines and all buildings, including any residential bUildings situated on the adjacent properties; and 2.4.6 In all cases, a list of all Dogs to be kept at the subject ~ro~rty, including both Purebreds and non-Purebreds, and venfication of current rabies vaccination for each dog; and 2.4.7 In all cases, the Hobby Kennel Licence Fee or Commercial Breeding Kennel Licence Fee as set out in Schedule MA" of this By-law; and . -- 1 . , - j 1139 2.4.8 A sworn declaration by the Owner or agent that he/she have never been convicted under Section 446 of the Criminal Code of Canada pertaining to animal cruelty or a similar offence in another country, and for which the applicant has not received a pardon. 2.5 Every Owner applying for a Licence for a Commercial Boarding Kennel shall submit the following documentation: 2.5.1 Written clearance from the Municipality of Clarington assuring compliance with of the Zoning By-law, with any associated costs bome by the applicant; and 2.5.2 A site plan drawn to scale showing the location of all buildings or structures on the subject property, including the location of all buildings. structures. dog runs or facilities to be used for a Boarding Facility. The site plan must also specify the distance which separates the Facility from all property lines and all buildings. including residential buildings situated on the adjacent properties: and 2.5.3 Commercial Boarding Kennel Licence Fee as set out in Schedule "A" of this By-law; and 2.5.4 A sworn declaration by the Owner that they have never been convicted under Section 446 of the Criminal Code of Canada pertaining to animal cruelty or a similar offence in another country, and for which the applicant has not received a pardon. 2.6 Refusal of Licence 2.6.1 The Licensing Officer shall refuse any Licence application which does not meet with all of the requirements of this By-law. 2.6.2 In the event that a Licence is refused, the Licensing Officer shall give Notice in writing to the Property Owner by registered mail or personal delivery. 2.6.3 The Property Owner may apply to the Licensing Officer in writing within twenty (20) days from the date of notice for a hearing before Council. 2.6.4 Upon receipt of a request for a hearing, the Licensing Officer shall arrange for such hearing at a Council Meeting and a notice of the date, time, and location of the hearing shall be given to the Property Owner in writing by registered mail or personal delivery not less that seven days prior to the hearing. 2.6.5 Council shall review the application for Licence together with the Licensing Officer's reasons for refusal and/or recommendations for conditions to be placed on any Licence and shall hear the Property Owner's or agent's verbal or written submissions as to how the application fulfills the requirements of this By-law. 2.6.6 Council, upon reviewing and hearing these submissions confer on the matter and shall render its decision and reasons therefore. In accordance with Section 239 of the Municipal Act. Council may confer in Closed Session on the matter but shall render its decision and reasons therefore in Open Session. 2.6.7 Council may. in rendering its decision, place special conditions on the Licence for a specified time period. 2.6.8 The Licensing Officer shall give written Notice of Council's decision to the Owner in writing, by registered mail or personal delivery, within ten (10) days of the decision. 2.6.9 Council's decision shall be final and not subject to further review. 2.7 Licensina oeriod 2.7.1 Licences are valid from the date of issue and expire on March 31st of each year. 2.7.2 Notwithstanding Section 2.7.1 above, the Licensing Officer shall suspend or revoke any Licence issued under the authority of this by- law where the Licensing Officer deems it desirable and necessary. 2.7.3 The provisions of Section 2.6; with necessary modifications, apply to the suspension or revocation of a License. 2.8 Exemotion from Doa Taos and Three (3) Doa Limit 2.8.1 Upon the issuance of a Licence under this By-law, the Property Owner,shall be exempt from the purchase of licenses under the prevailing Responsible Pet Owners By-law for the Dogs in a Commercial Breeding Kennel or dogs in a Hobby Kennel. 2.8.2 Notwithstanding 2.8.1, the Property Owner of a Commercial Boarding Kennel shall not be exempt from the purchase of licenses, under the prevailing Responsible Pet Owners By-law, for Dogs or the three Dog limit in respect to any Dogs owned by the Property Owner unless the Property Owner holds a valid Hobby Kennel Licence for the subject property. 2.8.3 Where the total number of Dogs owned and boarded on a particular property does not exceed the number of Dogs permitted under the prevailing Responsible Pet Owners By-law or the Dog Owners Liability Act, a Kennel Licence is not required under this By-law. 2.8.4 No licence shall be required for the following operations: a) an animal shelter operated by or on behalf of a public authority; b) a veterinary hospital or clinic; c) a publicly funded educational institute; or d) amy facility in which animals are placed for care pursuant to the Pounds Act. 2.9 Licence Display 2.9.1 Each Kennel Licence, when issued, shall be posted in a conspicuous place on the licensed premise. 2.10 Inspections of Premises 2.10.1 The Municipal Clerk, or designate, may, at any reasonable time, inspect the premises of the Owner or Operator of a Kennel and the equipment, and other personal property used or kept for hire in the carrying on of the Business. 2.11 Kennel Regulations - No Property Owner or Kennel Operator shall construct or use a Kennel except with the following provisions: 2.11.1 No Kennel or part thereof shall be used for human habitafion or human sleeping purposes nor shall any Kennel or part thereof be structurally connected with a dwelling. 2.11.2 The construction of any Kennel shall conform to the requirements of the Ontario Building Code. 2.11.3 No Kennel shall be used unless the following standards are met: a) Dogs shall be housed in individual enclosures, except in the case of puppies less than 6 months of age with or without the bitch, unless the pet owner expresses a specific wish for their pets to be housed together and would not be deemed inhumane to do so. b) Each enclosure shall be large enough to permit any Dog enclosed therein to move freely and in particular shall permit each animal confined therein to: i) stand normally to its full height ii) turn around easily iii) move about easily for the purpose of posture adjustments iv) lie down in a fully extended position v) enable species-appropriate contact vi) provide bitches with nursing puppies an additional 1 0% space per nursing puppy vii) provide for the social and behavior needs of the Dog. c) Floors shall be of dense concrete or similar light material and shall be adequately sloped to drains. d) Walls shall be non-porous, watertight and easily cleaned and sanitized. Inside surfaces shall be smooth, durable and impervious to facilitate cleaning. e) Where floors are on grade, suitable bedding shall be provided in the form of a raised wood, fibreglass or similar platform, large enough for the Dog to lie on. f) Roof coverings, fastened to sheathing or directly to the roof joists shall be laid so as to prevent the entrance of rodents and vermin into the facility, and covered with suitable materials in order to eliminate leakage and exposure of the dogs to adverse weather conditions. g) Ceilings and walls shall abut closely to prevent crevices which can lead to rodent infestation. h) Comers of ceilings, walls and partitions shall be caulked and painted so as to be completely washable. i) Proper air circulation shall be ensured to prevent respiratory disease and to avoid the spread of contaminants, viruses, bacteria and molds. j) The temperature for an indoor facility shall be maintained at a minimum of 150C with a maximum of 270C. Temperatures shall be suitable to the breed, coat length, age and condition of the dogs housed in the Kennel. f) Outside exercise facilities shall be provided which shall be fenced and maintained in such a manner as to keep the Dogs securely enclosed. Outside exercise funs shall be large enough for Dogs to break into a trot and provide protection. The exercise running surface must be safe and not slippery, and free from debris that could cause injury or damage to the Dog. Each Dog shall be placed in such facilities at least twice in every 24-hour period for not less than 30 minutes each period. The outdoor exercise facility shall be kept in a sanitary manner. g} No Dog shall be placed in such facility in inclement weather. 2.12 Every Kennel Operator shall maintain the Kennel in a clean and sanitary condition at all times. In particular the Kennel Operator shall ensure that all excrement, refuse and other objectionable material is removed from the cages and Kennel area at least twice in every 24 hour period including weekends and from the premises once per week for garbage collection. The Animals shall be removed from the cages and Kennel area while area is being cleaned. 2.13 Every Kennel Operator shall ensure that all Dogs are provided with an adequate source of clean, fresh drinking water available to them at all times, and adequate, nutritional and contaminant-free food capable of maintaining the Dog in full health and vigor is provided. Food storage bins must be covered, vermin proof and properly marked. Food dishes and utensils shall be stored in a clean and protected area. 2.14 The whelping area shall be separated from the individual and/or group kennel enclosures housing other Kennel Dogs, thereby providing the whelping bitch privacy. 3.0 KENNEL MANAGEMENT 3.1 Every Kennel Operator shall provide adequate, regular supervision and efficient knowledgeable health care controls to ensure no harm comes through the association with incompatible dogs, sick Dogs or other adversarial animals or vermin. 3.2 Every Operator of a Boarding Kennel shall maintain Kennel records for each dog boarded at the Kennel. The record shall include: the Dog's name; tattoo or microchip number, the owner's name, address and contact number; and emergency contact number; a daily health record of the Dog including any meds or other health issues; documentation respecting any behaviour incidents. These records shall be maintained for a minimum of 6 months from the date of the stay at the Kennel. 3.3 Every Operator of a Breeding Kennel shall maintain records including: breed, sex, date of birth, the sire and dam, tattoo or microchip number, colour and markings. Individual records shall be developed by the time the litter is weaned and shall include medications, vaccinations, and examinations for internal and external parasites and the results thereof. 3.4 Every Kennel Operator shall have a established rapport with a local veterinary hospital to deal with emergencies that may arise from time to time. 3.5 Every Kennel Operator shall maintain written dog care procedures and such procedures shall be readily available to all kennel personnel at all times. These procedures shall include method of handling kennel sickness, injury or death, back-up transportation, and a list appropriate phone numbers for the Clarington Animal Services, humane society, and the veterinarian. 4.0 PENALTIES AND CONDITIONS 4.1 Any person who contravenes any provision of this By-law is guilty of an offence and upon conviction shall be liable to a fine as set out in the Provincial Offences Act, R.S.O. 4.2 In the event any provisions of this By-law is deemed invalid or void, in whole or part, by any court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect. 4.3 Kennel Licenses issued under the Preceding By-law shall remain in force and until the expiry of the licence. 4.4 Kennel Owners/Operators operating under the Preceding By-law that do not meet all the requirements this by-law shall be granted one year, from date of passing of this by-law, to make all necessary changes necessary to comply with this by-law. 4.5 This By-law shall come into full force and effect immediately upon its final passing by Council. Read a first time this day of , 2006 Read a second time this day of , 2006 Read a third time and finally passed this day of ,2006 Mayor Municipal Clerk Licence T Commercial Boardin Commercial Breedin Hobb Kennel Schedule A Fee Schedule First Time $200.00 $200.00 $150.00 Renewal $150.00 $150.00 $100.00 Attachment 4 Amendments made to the draft Kennel By-law in response to stakeholders' input Section Change Definitions amended the definition for "Breeding" to include mixed breeds Definitions "Hobby Kennel" - amended the name to "Personal Kennel" to correspond with the Zoninq By-law Definitions amended the definition for "Purebred" to include those breeds considered as purebreds but not registered under the Animal Pedigree Act (Canada) 2.8 Exemption from Dog Tags and Three (3) Amended to grant the Kennel owner the Dog Limit option to receive from the Clarington Animal Shelter, free dog tag charms for the dogs at the Kennel. 2.10.1 Amended to add the following sentence at the end of this clause to clarify the inspection rights: "Where the Kennel operation is conducted in a dwelling unit, the Officer may inspect that portion of the dwelling unit used as the Kennel operation." 2.11 Clause replaced with the following: "Where the Kennel operation is located in part in a building or structure that is separate from the principle dwelling, the Kennel Owner shall ensure that the following standards are met" 2.11.1 Deleted 2.11.2 Deleted 2.11.3 First line deleted 2.11.3 (c) "dense" replaced with "a smooth", and Housekeeping - "light" replaced with "like" 2.11.3 U) Minimum temperature requirement changed from "150" to "100" 2.11.3(f)(q) Housekeeping - re-numbered to (k) and (I) 2.11.3 (f) Housekeeping - replace "exercise funs" with "exercise runs" Immediately following "Each Dog shall be placed in such facilities at least twice in every 24-hour period for not less than 30 minutes each period", add the following clause: "or other reasonable duration appropriate to the weather conditions." Section Change 2.12 Remove "for garbage collection" and replace with "in an acceptable manner". 2.12,2.13,2.14 Add in the following new clause immediately before 2.12 and then re-number 2.12, 2.13, and 2.14 as appropriate. "Notwithstanding 2.11.1, where a Kennel forms part of the principle dwelling unit on the property, and where enclosures are provided for the dogs, the standards described in Section 2.11.1 (a) through (I), inclusive, shall apply to those enclosures." 4.0 Add in a new Section 4.0, as follows, and then renumber Section 4 as appropriate: "A person whose Kennel or keeping of dogs conforms with the intent of this By-law but does not comply with the requirements of the By-law may make application for an exception to the Municipal Clerk, or designate. Each application shall be considered on a case by case basis". Schedule A - Fee Schedule Amended to reflect that where a Kennel Owner is operating more than one type of Kennel on the same property, only one Licence shall be issued which shall list the primary and any subsidiary operation, and only one fee shall be required and that fee shall be the fee for the primary operation.