HomeMy WebLinkAboutCD-20-99
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Date:
General Purpose and Administration Committee
Monday, June 21, 1999
CD-20-99
RESPONSIBLE PET OWNERS' BY-LAW
File#pJ~GF
Res. 4fhf/J - "3'f)-99
By-law #qc;- q()
Meeting:
Report #:
Subject:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report CD-20-99 be received;
2. THAT the .Responsible Pet Owners. By-law attached to Report CD-20-99 be
approved by Council; and
3. THAT all interested parties be advised of Council's decision.
1. BACKGROUND
1.1 It has become evident to Staff that a new .Responsible Pet Owners. By-law should be
formulated for the following reasons:
a) Some of the existing by-laws are more than ten years old and in need of review
and updating;
b) One comprehensive by-law wi II provide better ease of reference for members
of the public and Staff; and .
c) Terminology of the old by-laws is outdated and the new by-law more
appropriately reflects the present times.
1.2 During the preparation of the attached by-law, Staff conferred with other
Municipalities, namely the Towns of Pickering/Ajax/Whitby, City of Oshawa, City of
North York, and Township of Scugog. Staff has formulated a .reader friendly. by-law
for the residents of Clarington as well as Animal Services Staff.
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Report CD-2o-99
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June 21,1999
2. uTO LICENSE OR NOT TO LICENSE" CATS
Over the past two years Staff has received several telephone calls and letters from
people who strongly support the licensing of cats. (see Attachments #1 and #2).
Attachment #3 published in the Association of Animal Shelter Administrators of
Ontario journal (AASAO), describes the merits of addressing the problems associated
with free-roaming cats.
. Statistics show that, for stray cats, the odds of survival are terrible. Whi Ie 60%
of lost dogs are claimed by their owners, only 7% of impounded cats return
home. The problem is that so few cats can be identified. Licensing cats would
help to resolve this problem. The following Municipalities have eat licensing
in place:
. City of Toronto
. City of London
. City of Oshawa
. (PAW.) Pickering, Ajax, Whitby (Cat Identification Program)
. Dog owners see no reason why cats should not .be treated the same as dogs
regarding licensing, and owners made responsible for their eat's behavior.
All dog owners are expected to license their dogs, obey by-laws, poop and
scoop, restrain their pets and are open to legal action if their dog bites or
scratches someone, while a cat roams through life unencumbered by a collar
and no one around to take responsibility for damages and annoyances. The
inclusion of cat licensing and registration in the Responsible Pet Owners
By-law will enhance the Municipality's ability to fine irresponsible cat owners
who allow their cats to trespass on private property.
. Identifying cats quickly can save their lives and save the Municipality the cost
of impounding unclaimed cats.
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Report CD-20-99
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June 21, 1999
Animal Alliance of Canada advises there is a human health risk in letting cats
run outdoors. In May, 1998. a 4-year old Woodbridge boy required 20
stitches to his face after he had been mauled by a stray cat. About the same
time, a Richmond Hill child was attacked by a cat which wandered into his
yard. Cats defecating in gardens and children's sandboxes can be a major
health problem.
Cats which are allowed to roam freely have also caused property damage, i.e.
pool liners, climbed on the rafters in garages, thus causing articles to fall on
and damage the vehicles; etc.
Although Staff realizes that not all cat owners will license their cats and, that the
licensing of cats will administratively be time consuming,. the advantages far outweigh
the disadvantages of cat licensing and creates a "win win" situation for the residents of
Clarington as well as for the animals.
The "Responsible Pet Owners" By-law has been reviewed by the Solicitor.
A copy of this report and attached by-law have been provided to all interested parties.
FEES
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3.
3.1
The following chart, depicts a comparison of the proposed and existing Clarington
license fees, the fees charged by the City of Oshawa and the Towns of Pickering/Ajax
and Whitby (PAW).
Clarington Clarington Oshawa (PAW)
Existing Fees Proposed Fees Whitby
Dog/cat with proof of altering, $30.00/dog $15.00 N/A - dog
rabies vaccine/microchip N/A $20.00/cat $20.00/cat
- lifetime
Dog/cat with proof of altering, $10.00 $15.00/dog $10.00 $10.00/dog
rabies vaccine - annual N/A - cat $12.00/cat annuallv
Dog/cat with proof of $12.00 $17.00/dog $25.00 $10.00/dog
spay/neuter - annual N/A - cat $ 14.00/cat annually
Dog/cat unaltered/proof of $23.00 $28.00/dog $40.00 $20.00/dog
annual rabies - annual N/A - cat $18.00/cat cost rises $5.00
per year
Dog/cat unaltered - annual $25.00 $30.00/dog $45.00 $20.00/dog
N/A - cat $20.00/cat cost rises $5.00
per year
Special Needs Dogs N/A No Charge No Charge N/A
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Report CD-2()..99
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June 21, 1999
It is therefore recommended:
1. THAT Report CD-20-99 be received;
2. THAT the "Responsible Pet Owners" By-law attached to Report CD-20-99 be
approved by Council; and
3. THAT all interested parties be advised of Council's decision.
Reviewed by,
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Franklin Wu, M.C.I.P, R.P.P.,
Chief Administrative Officer
MPKS*PLB*hj
Attachment #1
Attachment #2
Attachment #3
E-mail from Mr. Brian Gabel
Correspondence dated October 15, 1998, from L. Christensen
Article published in the Association of Animal Shelter Administrators
of Ontario journal (MSAO)
"Responsible Pet Owners" By-law
Attachment #4
Interested Parties:
. Local Vets - Bowmanville Veterinary Clinic
Clarington Animal Hospital
Durham Veterinary Clinic
Courtice Pet Clinic
Newcastle Veterinary Clinic
East Oshawa Animal Hospital
. Animal Advisory Committee
Lauren Christensen
41 Farncomb Crescent
Bowmanville, L1C 4L8
Suzanne Wilsdon
95 Foster Creek Drive
Newcastle, L1B lG5
Helen & Brian Gabel
10 Halstead Road
Courtice, L1 E 1T3
Pauline Bryan
17 Mull Crescent
Courtice, L 1 E 2C9
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Attachment III
Page I of I
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From: BRIAN GABEL <brian.gabel@sympatico.ca>
To: c1arington.planning@sympatico.ca <clarington. planJ1liRlg<glsY,r,J;lpatico.ca>
Date: Tuesday, April 07,19989:31 PM IU 10 AH '98
Subject: DOG LICENSING BY LAW
ATTENTION; MAYOR HAMRE AND MEMBERS OF COUNCIL
.
As a resident of Courtice I feel I am being discrimated against because
I am a dog owner. .
I would like to know why cat owners do not have to purchase a license.
If you want to collect fees and increase revenue why are cats free. .
Oshawa has a one time licensing fee for micro chipped dogs of $15.00.
Is council considering this.
There should be a bylaw against cats roaming free in the neighbourhood
and destroying other peoples property.
Helen Gabel
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41 Famcomb Crescent:.
Bowmanville. Ontario
LIe 4L8
905-623-2296
email: christen@netrover.com
October 15, 1998
Ms. Marie Knight
Deputy Clerk
Municipality Of Clarington
DeaI Ms. Knight.
I understand animal control bylaws are under review at this time and 1 would like to take this
opportunity to make a plea for a couple of changes aIe near and deaI to my heart.
First of all, I would like to address the issue of dog licensing. In Oshawa and also now in
Metropolitan Toronto, there is a a policy that if dogs are microchipped, owners can pay a one time
(low) licensing fee. The amount in Oshawa is $15.00.1 am not aWaIe of the cost in Toronto, as this
bylaw was passed only just recently. This policy makes a lot of sense to me. If the problem of siray
llPd}pst dogs is truly the reason behind the licensing, then there is no better way to identify a dog
.... .#Iaiiib microchip him. When a dog is microchipped, he is equipped with a tag with a registration
Wlliiperv4th a contact phone number. If the dog is not wearing his tags, there is the microchip
...... i.l.....m............P!...... an.................t.......#I..............a.......l.....c. an be read by the vets and animal control people. Municipal licensing becomes
iii~~iilJ,d w1necessary, and ne,tIling more than a blatar,t tax grab. (And tlunk-you very much,
'~!JfI~ll!'1' already taxed to deatll.) In my case, I have two tiny Yorkshire Terriers who cannot
':l'9!\~.I~1fI~ar collars because collars wear away their hair and so the tags are only useful when I
'~j'j~i\l1ytake them out for a walk. Furthermore, because my dogs weaI the microchip tag on their
. ...Iliiti!iiSses, which 1 consider far more important and more useful than the municipal tags, 1 don't even
'bq!lj'i;rwith the municipal ones. The myriad of tags my dogs "should" weaI is too confusing for
&iyti#~1<vho might fmd my dogs should they be lost. Finally, microchipped dogs are less of a problem
..... .<' U~lj~!Pffiey aIe lost and taken to animal shelters as their owners can then easily be located. If more
........pe6ple microchipped, animal shelter costs would be reduced considerably. I strong urge those
responsible for the bylaw changes to consider providing incentive to owners to microchip their dogs.
Secondly, 1 also would love to see changes that would require cats to be licensed and controlled more
effectively. My experience has been that dog owners tend to be far more responsible abont caring for
their pets and keeping them controlled than are cat owners. One of the reasons we decided to get dogs
was to keep other peoples' cats out of our fenced backyaId. Other people's cats have destroyed more
than one of our children's wading pools and sandboxes. 1 feel my young children should have had
the right to have a sandbox in their own YaId, but cats made this impossible fOf them. Even when we
bought one with a lid, we still couldn't win if the kids accidently left the lid off for any amount of
time. Cats have destroyed my gardens, dragged dead birds and mice into my yard, and tore the liner
of our pool. We are tired of inclll'l".ng huge expenses because of irresponsible cat owners. If we
wanted cats in our YaId, we would have one of our own.
Thank-you for your attention and your kind consideration of these opinions.
Sincerely,
. . . . . . . . . . . . . . . . . . . . . . .
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ATTACHMENT 1/3
6 The AASAO Journal Winter 1998/Sping 199
HSUS Statement on Free-Roaming Cats
(From.... publica1ionAnimaj Shel..rlng ScpUmbcr.oaobcr 1998, published by.... HlUlW>C Society of.... Unitod s......)
The Humane Society of the United States preferred pet. Few communities, for example,
(HSUS) believes that every community has register or license cats or require that they be con-
a legal and ethical responsibility to address fined or supervised when outdoors. Fewer still reg.
problems associated with free. roaming domestiC ulate feral cats.
cats.
Free.roaming cats--owned cats allowed to 'go
outside as well as stray and .feral cats-often.are
hit by cars or fall victim to disease, starvation, poi.
sons, allacks by other animals, or mistreatment by
humans. Free:roaming cats also prey on small mam-
mals, songbirds, and other Wildlife, spread zoonot.
ic diseases such as rabies, defecate on other peo-
ple's properly, and cause car accidents,among oth-
er problems.
When developing approaches to address prob-
lems associated with free-roaming cats, animal care
and control agencies, policy makers, public health
officials, veterinarians, cat owners, and the public
should recognize the following,
. CATS BELONG IN HOMES. All cats deserve lov.
ing, permanent homes with responsible caregivers
who keep cats safely confined and meet their spe.
cial needs. Long-term solutions developed to
respond to cat-related conflicts should foster the
responsible caretaking of cats.
. CATS ELUDE SIMPLE CATEGORIZATIONS. Free.
roaming cats are often referred to as either stray or
feral, but these designations do not reflect the many
types of outdoor cats. Free-roaming cats can be
owned cats who are allowed to roam; owned cats
who have become lost, previously owned cats who
have been abandoned and no longer have a home;
quasi-owned cats who roam freely and are fed by
several residents in an area but "owned" by none
of them, and so-called working cats who serve as
"mousers: Almost every community also has feral
cats, unsocialized .cats who may be one or more
generations removed from a home environment
and who may subsist in a colony of similar cats liv.
iog on the fringes of human existence. Because cats
exhibit varying degrees of soCiability, even an
animal care and control professional may not im-
mediately be able to tell the difference between a
feral cat and a frightened indoor-only cat who has
escaped and become lost.
II CATS ARE NOT ADEQUATELY PROTECTED BY"'
LAWS. Domestic cats have been the nation's most
popular pet since the mid-1980s, and more than
60 million now live in Us. households. But laws
and policies developed to protect and control cats
have not kept pace with their status as America's
Comprehensive Cat Control Programs
Historically, communities have responded to cat-
related conAicts by using methods that rarely pro.
vide long-term solutions. For example, traditional
programs to reduce feral cat populations include
either live-trapping and euthanizing cats or live-
trapping, sterilizing, and releasing cats so that they
cannot reproduce. Neither approach, however; pro.
vides a long-term solution unless carried out in con.
junction with a comprehensive cat cOl,ltrol pro.
gram. Moreover, these approaches are labor- and
cost-intensive and may alienate feral cat caregivers
or residents not willing to tolerAte free-roaming
cats in their neighborhoods'-
The HSUS believes that communities must
develop, implement, regularly evaluate, and
update comprehensive laws, policies, and
education .programs about cats and cat care.
These must be pragmatic approaches designed
to reduce cats' suffering and also respond
to cat-related conflicts, yet remain acceptable
to people in the community.
Local governments must adequately fund ani-
mal care and control programs and enforce cat con-
trol ordinances, using general revenues as well as
monies collected through licensing and user fees.
Sufficient funds must be allocated to implement
prevention programs; hire and train staff; construct
or renovate animal-holding facilities, and purchase
and maintain equipment to handle, house, and care
for cats.
The HSUS believes that community cat care and
control programs should include the following,
. Mandatory registration or licensing of cats. If a
fee is charged, it should be higher for unsterilized
cats than sterilized cats (a concept termed "differ-
entiallicensing").
. Mandatory identification of cats. In addition to
requiring that cats wear collars and tags, commu-
nities should consider implementing a back-up per-
manent identification system such as microchips.
II l\1andatory rabies vaccinations for all cats more
than three months of age.
II Mandatory sterilization of all cats adopted from
public and private animal shelters and reScue
groups.
II l\1andatory sterilization of all free-roaming cats.
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7The AASAOJournal . Winter 199B/Sping 1999
. A mandatory minimum shelter holding period
for stray cats consistent with that established fa..
stray dogs. This policy should allow for euthanasia
of suffering animals prior to completion of the hold.
ing period.
'. Adequate and appropriate shelter holding space,
staffing, and other resources necessary to hold
, stray felines for the mandatory minimum holding
period.
. An ongoing'public-education program that pro-
motes responsible cat care.
. Subsidized sterilization services,to encourage cat
.owners to sterilize thei.ranimals.
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BY-LAW 99-
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Being a by-law to licence, regulate and prohibit certain animals or classes thereof wrthin
the limits of the Municipality of Clarington, or defined areas therein, and to repeal By-laws
87-156,87-189,88-42,88-193,91-82,93-58,93-111,96_31 and 97-167,
WHEREAS the Municipal Act, RS,O. 1990, Chap. MA5, as amended, authorizes a
municipality to pass by-laws prohibiting, regulating, restricting and requiring the licensing
of certain animals and further authorizes by-laws prohibiting and abating public
nuisances;
AND WHEREAS the Pounds Act, RS.O. 1990, Chap. P.17 authorizes a municipalrty to
impound animals found running 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.
NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
PART I
SECTION 1 - DEFINITIONS AND INTERPRETATION
Section 1.1
Owners By-law".
SHORT TITLE: This By-law may be cited as the "Responsible Pet
Section 1.2 For the purposes of this by-law, unless stated otherwise or the
context implies a different meaning,
a) "ALTERED" shall mean a male or female animal that has been sterilized by
a licensed veterinarian. In the case of a female animal, where the animal
has been spayed or otherwise operated on to prevent conception and in the
case of a male animal. where the animal has been neutered or castrated.
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b) "ANIMAL" shall mean any member of the animal kingdom excluding
humans, Without limitation, "animal" shall include mammals, dogs, cats,
birds and reptiles;
c) "ANIMAL SERVICES DIVISION" shall mean the division responsible for the
enforcement of this by-law and any related animal legislation;
d) "ANIMAL SERVICES OFFICER" shall include any person employed by the
Municipality of Clarington to enforce the provisions of this By-law;
e) "CAT' means a feline of any breed of domesticated carnivore of the species
Felis familiarlS that is over 12 weeks;
f) "COUNCIL" shall mean the duly elected council of the Municipality of
Clarington;
g) "DOG" shall mean a domesticated carnivore of the species Canis familiaris
that is over 12 weeks of age;
h) "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;
i) "KENNELS"
(a) KENNEL: shall mean any part of a lot, building, structure or
establishment located in an area where a kennel is a permitted use
under the Zoning By-law and more than three (3) dogs are kept,
bred, boarded or trained for profit or gain;
(b) KENNEL (BREEDING); shall mean a kennel in which purebreds are
kept for the purpose of breeding, bearing or rearing for prom or gain;
j) "LEASH" shall mean a strap, cord or chain which is fastened to the dog or
to the collar of the dog;
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k) "MUNICIPAL PROPERTY" shall mean all property owned, leased or under
the control of the Municipality of Clarington, and without limitation, this term
shall include all parks, open space, opened or unopened road allowances,
sidewalks, footpaths or bicycle trails;
I) "MUNICIPALITY" shall mean The Corporation of the Municipality of
Clarington;
m) "MUZZLE" shall mean a humane device designed to fit over the mouth of a
dog to prevent the dog from biting. A muzzled dog means a dog wearing a
muzzle in the manner anticipated by the manufacturer of the muzzle;
n) "OWNER" shall mean a person who possesses, keeps or harbours one or
more animals 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;
0) "PERMANENT IDENTIFICATION" means an electronic microchip encoded
with identification information which has been implanted in an animal.
p) "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;
q) "POUND" means the Clarington Animal Shelter and shall include any yard
or enclosure maintained by the Corporation of the Municipality of Clarington
for the safe-keeping of impounded animals;
r) "PURE-BRED" shall mean any dog registered in the registry of the
Canadian Kennel Club Incorporated or of a class designated as pure-bred
in the regulations of the Dog Licensing and Livestock and Poultry Protection
Act;
s) "REDEMPTION PERIOD" is a period of five (5) days exclusive of the
impound day and any day the animal shelter is closed;
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t) "RESIDENTIALLY ZONED LANDS" shall mean those lands designated as
Rural Cluster, Residential Estate, Residential Hamlet, Residential Mobile
Home Park, Residential Shoreline and Urban Residential Types One, Two,
Three and Four as those zones are set out and defined in the Zoning
By-law,
u) Where "RESTRAINED" is used in connection with a vicious dog at its
owner's household, it shall mean:
1. kept indoors in a manner respective of its environmental needs
which prevents the vicious dog from having contact with persons
who have not consented to contact; or
2, kept in a pen or other enclosure respective of its environmental
needs which prevents the vicious dog from,
i) leaving the owner's household
ii) coming into contact with persons who have not consented to
contact
v) Where "RESTRAINED" is used in connection with a vicious dog at a place
other than its owner's household it shall mean a vicious dog which is
muzzled, leashed with a leash no longer than 6 feet in length and under the
care and control of a person who is at least 16 years of age;
w) "RUNNING AT LARGE" shall mean any animal found in any place other
than the property of the owner of the animal ahd not under the control of
any person;
x) "TRANSFER" shall mean the change of ownership of a dog/cat to the
Municipality of Clarington;
y) "UNALTERED" shall mean either a male or female animal that has not
been sterilized,
z) "UNDER CONTROL" shall mean a dog that is at all times on a lead or leash
held by a person over the age of 16 years or otherwise physically
restrained;
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aa) "VICIOUS DOG" shall mean a dog which has been declared to be a vicious
dog by an Animal Services Officer in accordance with the provisions of
this By-law;
bb) "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,
Section 1.3
By-law shall be
All words and personal pronouns relating to words contained in this
read and construed with the appropriate number and gender of the
person or animal referred to in each case.
Section 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.
Section 1.5
integral part of it.
Schedules A, M, B, C, and 0 attached to this By-law form an
Schedule "A" - Dog Licence - Fee Schedule
Schedule "M" - Cat Licence - Fee Schedule
Schedule "B" - Vicious Dog Declaration
Schedule "C" - Exceptions
Schedule "0" - List of Locations Where Dog/Cat Licences
Can Be Purchased
Section 1.6 Reference to legislation within this By-law shall be deemed to include
such legislation, as amended, including successor legislation.
PART II
SECTION 2 - DOG LICENSING AND REGISTRATION
Section 2.1 Every owner of a dog shall obtain an annual licence for such dog by
registering the dog with the Animal Services Division of the Municipality and paying the
prescribed fees as set out in Schedule "A". The licence may be purchased from a
location set out in Schedule "0".
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Section 2.2 Every person upon becoming the owner of a dog at any time during
the calendar year shall register such dog with the Municipality and obtain a licence
therefor on an annual basis.
Section 2.3 Every licence issued pursuant to section 2.1 shall expire on
December 31 of the calendar year for which it was issued.
Section 2.4 No person shall own a dog within the Municipality without having
obtained a licence for the dog and registering the dog with the Municipality for the current
year.
Section 2.5 Each year, the Municipality shall cause to be published in a
newspaper having general circulation within the Municipality, a notice bringing to the
attention of the public the provisions of the dog licensing and registration requirements of
this By-law.
Section 2.6 Upon payment of the licence and registration fee, the owner of a dog
shall be furnished with a tag for each dog and 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 and the year for
which the licence was issued.
Section 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.
Section 2.8 No owner shall affix or permit to be affixed a licence issued by or on
behalf of the Municipality for any dog other than the dog for which the licence was issued.
Section 2.9
to any person.
The Municipality, at its discretion, may refuse to issue a dog licence
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PART III
SECTION 3 - CAT LICENSING AND REGISTRATION
Section 3.1 Every owner of a cat shall obtain an annual licence for such cat by
registering the cat with the Animal Services Division of the Municipality and paying the
prescribed fees as set out in Schedule "AA". The licence may be purchased from a
location set out in Schedule "D".
Section 3.2 Every person upon becoming the owner of a cat at any time during
the calendar year shall register such cat with the Municipality and obtain a licence
therefor on an annual basis.
Section 3.3 Every licence issued pursuant to section 3.1 shall expire on
December 31 of the calendar year for which it was issued.
Section 3.4 No person shall own a cat within the Municipality without having
obtained a licence for the cat and registering the cat with the Municipality for the current
year.
Section 3.5 Each year, the Municipality shall cause to be published in a
newspaper having general circulation within the Municipality, a notice bringing to the
attention of the public the provisions of the cat licensing and registration requirements of
this By-law.
Section 3.6 Upon payment of the licence and registration fee, the owner of a cat
shall be furnished 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 and the year for
which the licence was issued.
Section 3.7 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.
Section 3.8 No owner shall affix or permit to be affixed a licence issued by or on
behalf of the Municipality for any cat other than the cat for which the licence was Issued.
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Section 3.9 The sections of this By-law, as they relate to the registration and
licensing of cats, shall come into force on January 1, 2000.
Section 3.10
The Municipality may, at its discretion, refuse to issue a cat licence to
any person.
PART IV
SECTION 4-ANIMALS RUNNING AT LARGE
Section 4.1 No person shall permit or allow an animal to run at large within the
limits of the Municipality.
Section 4.2 No owner of an animal shall permit such animal, whether leashed or
unleashed, to trespass on private property.
Section 4.3 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.
Section 4.4 Every owner of a dog shall immediately remove and dispose of all
excrement left by the dog on any property other than the dog owner's property within the
Municipality in a hygienic manner.
PART V
SECTION 5 - VICIOUS DOGS
Section 5.1 (a) The Animal Services Officer shall investigate any dog bite incident
which has been reported to the Durham Region Health Unit or to the Animal Services
Division of the Municipality.
Section 5.1 (b) Where an Animal Services Officer is satisfied that the dog has
placed a person or domestic animal at risk of physical harm the Animal Services Officer
shall declare the dog to be a vicious dog.
Section 5.1 (c) Where an Animal Services Officer is satisfied that the dog has bitten
or attacked a person or domestic animal the Animal Services Officer shall declare the dog
to be a vicious dog.
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Section 5.2 Where a dog has been declared to be a vicious dog pursuant to
Section 5.1 of this By-law, the dog owner will be served with a copy of the written
Declaration in the form set out in Schedule "B". Service shall be effected by delivering the
declaration personally to the owner of the dog or by leaving it for the owner at his 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.
Section 5.3 Where a dog has been declared to be a vicious dog, pursuant to
Section 5.1 of this By-law, the dog owner may apply to the Municipality for a hearing as to
whether or not the Declaration, in whole or in part, should be revoked, An application for
a hearing by Council shall be filed by the dog owner or the dog owner's agent, with the
Clerk of the Municipality at 40 Temperance Street, Bowmanville, Ontario, wrthin ten (10)
business days (excluding Saturdays, Sundays and Statutory Holidays) of the date the
Declaration 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 of the date, time and
location of the hearing. If an owner fails to appear at such hearing, the declaration shall
be deemed to be in full force and effect as if no appeal had been filed,
Section 5,4 Where a dog has been declared a vicious dog pursuant to Section
5.1 of this By-law, and no appeal has been filed, the dog owner shall have the vicious dog
licensed and registered and permanently identified by microchip implantation, at the
owner's expense, within twenty-one (21) days of the service of the Declaration. In the
event an appeal is filed, the dog owner shall comply with the terms of the Declaration, as
may be amended by Council, within seven (7) days of the date the hearing is held. Any
decision made by Council at the hearing is final.
Section 5.5 A dog owner who is required to licence, register and identify by
microchip implantation a vicious dog pursuant to a Declaration issued under this By-law
shall provide proof thereof to the Animal Services Division of the Municipality within thirty
(30) days of service of the Declaration when no appeal has been filed and within fifteen
(15) days of the date of the hearing, when an appeal has been filed.
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Section 5.6 Every owner of a dog declared to be a vicious dog, pursuant to
Section 5.1 of this By-law, upon relocation of his or her residence, or that of the vicious
dog, or upon ceasing to own the vicious dog, shall be required to immediately notify the
Animal Services Division of the Municipality of the change of address, or the name and
address of the new owner or the new location of the vicious dog, as the case may be.
Section 5.7 Every owner of a dog declared to be a vicious dog, pursuant to
Section 5.1 of this By-law, shall restrain the vicious dog at all times when the dog is at the
owner's household.
Section 5.8 Every owner of a dog declared to be a vicious dog, pursuant to
Section 5.1 of this By-law, shall restrain the vicious dog at all times when the dog is not at
the owner's household.
Section 5.9 Every owner of a dog declared to be a vicious dog, pursuant to
Section 5.1 of this By-law, shall permanently identify such dog with a microchip
implantation within twenty-one (21) days of receipt of the Declaration of Vicious Dog.
Section 5.10 The fonm of the Declaration referred to in Section 5.1 shall be entitled
'Vicious Dog Declaration' as set out in Schedule "B" attached hereto.
PART VI
SECTION 6 - RESTRICTION ON NUMBER OF PETS ALLOWED
Section 6.1 On any residentially zoned lands, 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 indoors.
Section 6.2 On any residentially zoned lands, no person shall own or keep more
than three (3) unaltered cats.
Section 6.3 On any residentially zoned lands, no person shall own or keep more
than three (3) dogs.
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PART VII
SECTION 7- NOISE
Section 7.1 Without derogating from Municipality of Clarington By-law 89-184. no
person shall cause, allow or permit a domestic animal owned or harboured by that person
to make any noises likely to disturb the inhabitants of the Municipality of Clarington.
Section 7.2 Such noises shall include, but not be limited to, persistent barking,
calling, howling, whining or crying at frequent or lengthy intervals.
PART VIII
SECTION 8 - KENNELS
8.1 No person shall operate a kennel in the Municipality of Clarington unless:
(a) a valid licence issued by the Municipality to operate the kennel is held by
that person;
(b) the person to whom the licence has been issued, or a member of that
person's immediate family resides on the lands upon which the kennel is
located;
(c) the kennel is operated in accordance with the provisions of this By-law;
(d) the kennel is located in an area in which it is permitted under the Zoning
By-law;
(e) at all times maintain the kennel is maintained in a sanitary, well-ventilated
condition, appropriately lit, at a healthful temperature and free from
offensive odours;
(I) all of the provisions of Sections 8.1 to 8.3 inclusive have been complied
with.
8.2 Every person who operates a kennel in the Municipality of Clarin9ton shall obtain
a licence to operate the kennel. The licence shall be issued upon payment of
the prescribed fees to the Municipality of Clarington. Each application for a
licence shall be supported by a declaration by the applicant as to the name and
address of who will reside on the land upon which the kennel is located.
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8.3 Every owner or operator of a breeding kennel shall:
(a) ensure every dog in the kennel is registered and dog licences and dog tags
are issued in accordance with this By-law; and
(b) keep an ongoing and updated list of all serial numbers and dogs kept in the
kennel and provide same to the Municipality upon request.
PART IX
SECTION 9 - IMPOUNDMENT
Section 9.1 Every officer of the Durham Region Police Services and every
Officer of the Animal Services Division of the Municipality shall have the power to seize
and destroy, whether before or after impounding, any dog found running at large within
the limits of the Municipality contrary to the provisions of this By-law.
Section 9.2 Every officer of the Durham Region Police Services and every
officer of the Animal Services Division of the Municipality shall have the power to seize
and impound any animal found running at large within the limits of the Municipality
contrary to the provisions of this By-law.
Section 9.3 When an animal has been found running 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 a period of
five (5) days exclusive of the impound day and any day the animal shelter is closed.
Section 9.4 If any animal so seized and impounded is not claimed on or before
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.
Section 9.5 The Animal Services Division shall keep a record of all animals
seized and impounded pursuant to this By-law.
Section 9.6 Any owner claiming an animal which has been seized and
impounded shall pay to the Animal Services Division of the Municipality the fees as set
out in Schedules "A" and "AA".
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Section 9.7 No person, resident in the Municipality, 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. 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.
Section 9.8 The Animai Services Officer shall accept the transfer of ownership
of a dog or cat from an owner to the Municipality of Clarington upon:
(a) receipt of a written request from the owner accompanied by
payment of the appropriate fee prescribed in Schedules "A"
and "AA" 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 animal shelter.
Section 9.9 Any animals destroyed under this By-law shall be disposed of in
such a manner as may be determined from time to time.
PART X
SECTION 10 - ENFORCEMENT AND PENALTIES
Section 10.1 The Council shall appoint one or more Animal Services Officers
who shall investigate animal-related complaints and enforce the provisions of this
By-law.
Section 10.2
this By-law.
Animal Services Officers shall provide all services as required by
Section 10.3 Every person who contravenes any provision of this by-law is guilty
of an offence and, upon conviction, is liable to a fine of not more than $5,000.00 as
provided for in the Provincial Offences Act.
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PART XI
SECTION 11 - EXEMPTIONS
Section 11.1 "SPECIAL NEEDS DOG(S)": Every person who owns a dog as a
seeing eye dog, or a hearing ear dog, shall register such dog pursuant to Sections 2.1,
2.2 or 2.3, as applicable. Upon presentation of the applicable certificate from either the
Canadian National Institute for the Blind stating the dog is being used as a seeing eye
dog, or from the Hearing Ear Dogs of Canada stating the dog is being used as a hearing
ear dog, the dog's owner will be exempted from payment of the required license fee.
Section 11.2 "VISITING ANIMAL(S)": 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
consecutive time period longer than thirty (30) days in anyone (1) calendar year, its
owner shall not be required to comply with Section 2.1 and/or 3.1 of this By-law if the
owner can provide proof of current registration from its own Municipality.
Section 11.3 "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.
PART XII
Section 12- MINIMUM ANIMAL CARE REQUIREMENTS
Section 12.1 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.
Section 12.2 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.
Section 12.3 Whenever an animal is tethered on the owner's premises, the tether
shall allow for the unrestricted free movement of the animal.
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Section 12.4 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.
Section 12.5 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 Part XII of this By-law
may be reported to a chapter of the Ontario Humane Society or the Ontario Society for
the Prevention of Cruelty to Animals or other society associated therewith.
PART XIII
SECTION 13 - MISCELLANEOUS
Section 13.1 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 "C".
Section 13.2 By-iaws 87-156, 87-189, 88-42, 88-193, 91-82, 93-58, 93-111, 96-31
and 97-167 are hereby repealed.
Section 13.3 All fees payable under this By-law shall be made in cash, by credit
card or automated bank card debit. Personal cheques are not acceptable.
Section 13.4 None of the provisions in this By-law are intended to or shall be
deemed to der09ate from the provisions of By-law 93-161.
Section 13.5 This By-law will come effect on the passing thereof wtth the
exception of Schedules "A" and "AA" which will take effect on January 1, 2000.
By-law read a first and second time this 28th day of June, 1999.
By-law read a third time and finally passed this 28th day of June, 1999.
MAYOR
CLERK
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SCHEDULE "/':' TO MUNICIPALl1Y OF CLARINGTON BY-LAW 99-90
EFFECTIVE - JANUARY 1, 2000
ADOPTION FEES
Dogs - $75.00
Cats - $45.00
DOG LICENCE - FEE SCHEDULE
ANNUAL FEE
Dog
The following discounts are available:
$13.00 off fee with proof of altering
$ 5.00 off fee with proof of microchipping
$ 2.00 off fee with proof of current rabies vaccine
$ 2.00 off fee with early purchase (December 1" - March 1")
$30.00
To replace a lost or destroyed tag the fee is
$ 3.00
With proof of microchipping, altering and current rabies vaccination $30.00 for lifetime
NOTE: PROOF MUST BE PROVIDED
IMPOUNDMENT
FEE
Imooundment of Doa Wearina Current Daa Licence or Microchiooed
First Occurrence $40.00
Second or subsequent Occurrence $65.00
Every dog impounded is subject to an additional charge af $12.00 for every day or part
of a day after the day the animal is brought into impoundment.
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SCHEDULE "A" TO MUNICIPALITY OF CLARINGTON BY-LAW 99-
PAGE 2
Impoundment of Dog NOT Wearing Current Dog Licence
First Occurrence
Second or subsequent Occurrence
$50.00
$75.00
Every owner of a dog not licensed for the current year who is a resident of the
Municipality is also required to pay the licence fees in addition to the impoundment fees.
TRANSFER FEES
'The Animal Services Division can only accept 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.
Transfer of ownership of a dog or litter, brought into the Animal $45.00
Shelter
Transfer of ownership of a dog, picked up by the Animal $65.00
Services Officers, during normal working hours (excluding
Sunday and Holidays)
Transfer of ownership of a dog, picked up by the Animal $90.00
Services Officer, during hours other than the normal working
hours.
TRAP RENTALS
DAILY $3.00
DEPOSIT OF $35.00 REQUIRED (REFUNDABLE)
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SCHEDULE "M" TO MUNICIPALITY OF CLARINGTON BY-LAW 99-90
EFFECTIVE JANUARY 1, 2000
CAT LICENCE - FEE SCHEDULE
ANNUAL FEE
$20.00
Cat
The following discounts are available:
$6.00 off fee with proof of altering
$3.00 off fee with proof of microchipping
$2.00 off fee with proof of rabies
$2.00 off fee with proof of early purchase (December 1 ~ _ March 1")
With proof of microchipping, altering and current rabies implantation $20.00 for lifetime
NOTE:
PROOF MUST BE PROVIDED
IMPOUNDMENT
FEE
Imooundment of Cat Wearina Current Cat Licence or Microchiooed
First Occurrence $10.00
Second or subsequent Occurrence $15.00
Imooundment of Cat NOT Wearino Current Cat Licence
First Occurrence
Second or subsequent Occurrence
$15.00
$20.00
Every cat impounded is subject to an additional fee of $5.00 for every day or part of a
day after the day the animal is brought into the animal shelter for impoundment.
TRANSFER FEES
. The Animal Services Division can only accept animals if they can reasonably be
expected to find new homes. Animals will not be accepted for euthanasia. Pets are
screened carefully to avoid placing problem animals in new homes,
Transfer of ownership of a cat or litter, brought into the Animal
Shelter
$30.00
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SCHEDULE "B" TO THE MUNICIPALITY OF ClARINGTON BY-lAW 99-
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
ClARINGTON ANIMAL SHELTER.
ANIMAL SERVICES DIVISION
Declaration of Vicious Dog
Pursuant to Municipality of Clarington By-law
, section 5.1
This Declaration is issued to:
DECLARATION #-
as owner of a dog described as:
An investigate of an incident involving your dog has been conducted by the Animal
Services Division of the Clarington Animal Shelter and it has been determined that your
dog has bitten or attacked a person or domestic animal or placed a person or domestic
animal at the risk of physical harm.
In accordance with Clarington By-law , you are hereby served with notice that the
dog described herein is declared vicious and you, as owner of the dog, are hereby required
to comply with the requirements of By-law , a certified copy of which forms part of this
Declaration and is attached hereto.
As the owner of a vicious dog, you shall:
1. licence and register the dog within the Clarington Animal Shelter and have the dog
permanently identified by microchip implantation, at your expense, within 21 days
of receipt of this Declaration. You shall provide proof of such registration to the
Animal Services Division upon written request therefor;
2. notify Clarington Animal Shelter immediately upon relocating the dog or upon
transferring ownership of the dog;
3. restrain the dog at all times, while the dog is on your oWn property, by keeping it
enclosing in a pen or other enclosure in such a manner as to prevent the dog from
leaving your property and to prevent contact with people and other animalsi
4. restrain the dog at all times, while the dog is off your own property with the use of a
leash and a muzzle and under the care and control of person who is 16 years of age
or older.
You may apply for a hearing for Council respecting this Declaration by filing an appeal
with the Municipal Clerk at 40 Temperance Street, Bowmanville, Ontario within ten
business days of the date of service of this Declaration.
As a result of the issuance of this Declaration, you are herewith responsible for ensuring
compliance with the provisions of Clarington By-law 99- . Failure to do so will result in a
prosecution under the Provincial Offences Act, R.5.0. 1990, Chap. P.33, as may be
amended from time to time. The maximum fine for offences under this Act is $5,000.00.
Issue Date:
Issued By:
Served On:
Served By:
, Animal Services Officer
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SCHEDULE "C" TO MUNICIPALITY OF CLARINGTON BY-LAW 99-
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
ICAZA);
b) on the premises of the Ontario Society for the Prevention of Cruelty to Animals
10.S.P.CA.);
c) in a veterinary hospital under the care of a licensed veterinarian;
d) on the premises of a university or community college, on the premises of
secondary or elementary schools, or on premises registered as research facilities
under The Animals for Research Act and in compliance with the Guidelines of
the Canadian Council on Animal Care;
e) on the premises of any television or film studio where such animals are being
kept temporarily for the purpose of a television production;
f) on the premises of the Corporation of the Municipality of Clarington;
g) On the premises of Pet Shops.
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SCHEDULE "D" TO MUNICIPALITY OF CLARINGTON BY-LAW 99-
LIST OF LOCATIONS WHERE LICENCES CAN BE PURCHASED
Clarington Animal Shelter
Municipal Administrative Centre
Bowmanville Veterinary Clinic
Clarington Animal Hospital
Courtice Pet CI ink
Durham Veterinary Clinic
East Oshawa Animal Hospital
Newcastle Veterinary Clinic
Driver & Vehicle License Bureau
Michelle's Grooming
Rolph's Hardware
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