HomeMy WebLinkAbout74-29
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AMENDED BV AM~NOeD BY
BY.LAW #1t.Q.1J~,Y-L.AW #1'?.:9i!.t
~ AMENDED BY
BY-LAW,1.?-.9.ct/.r..
AMENDE BY AMENDED BY
BY'LAW #.Z".~.}.BY'LAW #"Jff.:~fi>fJ.
AMENDED BY
BY.LAW ,J.k:!?~f>
THE CORPORATION OF THE
TOWN OF NEWCASTLE
By-La'w Noo 74-29
Being a by-law to provide for the licensing
and registration of dogs and for regulating
the running at large of dogso
WHEREAS Council deems it desirable to protect the inhabitants and animals
in the Town of Newcastle against the infection of rabies and to provide for the
licensing and registration of dogs, for imposing a license fee on the owner
thereof and generally for regulating the running at large of dogs;
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
pursuant to the authority provided by Section 354, sos. 1 and 2 of the
Municipal Act RoS.O., 1970, Chapter 28~, and amendments thereto and The Dog
Tax and Live Stock and Poult~y Protection Amendment Act, 1972, hereby ENACTS
AS FOLLOWS:
1. In this By-lavl
(1) "dog" means a male or female dog.
(2) "O\-mer" of a dog includes any person who possesses or harbours
a dog and "m'ffis" and "o..med" have a corresponding meaningo
(3) "running at large" a dog shall be deemed to be running at large when
it is off the premises upon which it is habitually kept or on a
public highway or other public place and not under the control of a
competent persono
(4) "spayed female" means a female dog \vhich has been operated on by
a licensed veterinarian to prevent conception.
(5) "pure-bred" means,
(i) registered or eligible for registration in the register of
the Canadian Kennel Club, Incorporated, or
(ii) of a class designated as pure-bred in the regulations.
(6) "regulations" means the regulations made under the Dog Tax and
Live Stock and Poultry Protection Act, R.S.Oo 1960, Co 111, so 1;
1968-69, Co 31, sO I.
0) "Dog Control Officer" means the person appointed by the Town of
Newcastle Councilor a Committee thereof to enforce the provisions
of this by-law and shall include any Assistant Dog Control Officer.
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20 (1) Except as otherwise provided by this by-law, the owner of every
dog in the To\m of Newcastle shall before the fifteenth day of
'''IJ-il.c..,~i.-,~~--Y in each year pay to the To..m of Newcastle a license
fee in accordance with the following schedule:
(i)
(ii)
(iii)
(iv)
(v)
For a Nale dog, if only one is keptoooo.oo....o.o.$ 3...00
For each additional Male dog.oooo.o.oo..o.oo.o..o. 10000
For a Female dog, if only one is kept..ooo....oo... 10.00
For each additional f~TIale dogooo...o.o.oo..o..ooo. 20000
Kennel of pure-bred dogs registered in the
Canadian Kennel Club, Incorporated...ooo..o.......oo 25.00
(2) The owner of a kennel of dogs that are pure-bred shall not be
liable to pay in respect of such pure-bred dogs any license fee
under section 2, s.s. (i) i, ii, iii, iv.
(3) Any spayed or sterile female dog, the o\quer of which produces at
the time of paying the license fee for a dog, a certificate of a
veterinary surgeon that the dog has been spayed or is sterile,
shall be deemed to be a male dog.
(4) Every person ~'Tho owns a dog shall, at the time of paying to the
Town of Nffilcastle the license fee required by this by-law, register
the said dog by furnishing to tile person to whom the license fee
is paid the following information:
(i)
(it)
(iit)
the name and address of the ovmer of the dog.
the nrune and description of the dog to be licensed.
such other information as may be required by the license
issuero
(5)
Hl4l1.c ~
Every person vTho becomes the mquer of a dog after the 15th day of
..,j'lilnftl.!!ty in each year shall register the same and pay the license fee
therefore as provided in Section 2, within fifteen days after becoming
the o\quer of the said dogo
(6) The licenoe fee ohall be paid at such places and to such persons
as shall be determined by Resolution of the Council of the COrporation
of the TOvm of Newcastle, and such persons so determined shall be
the issuers of licenses for the purpose of this by-law.
(7) (i) The issuer of licenses, upon payment of the proper license
fee, shall furnish to the o\quer of every dog a tag bearing a
serial number and the year in which it was issued and the
said issuer of licenses shall also issue to the owner of a
dog so licensed a receipt for the license fee so paid agd the
license shall expire on the thirty-first day of DecembeE of
the year for which it was issuedo
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(ii) The o'tmer shall keep the tag securely fixed on the
dog at all times until the tag is renewed or replaced,
but the tag may be removed while the dog is being
la~~ully used for hunting deer in the busho
(8) The license fee paid under this section shall be applied
only to the dog respecting 't-,hich the fee is paid and the dog
tag icsuecl shall not be transferable and shall not be used for
or affixed to any other than the dog for whom it was issued..
(9) In the case of a kennel aa referred to in Section 1, sos. (5),
each pure-bred dog shall be registered and a license issued,
but the only fee to be paid shall be as provided in Section 2,
s.s.. (i) (v) and the issuer of licenses shall issue to the o'~er
a tag as described in Section 7, 8..Sft (i) for each pure-bred
dog for ,.,hich the o..mer shall pay a fee of ..50~ in addition to
the license fee..
(10) The owner of a dog which has been duly licensed and registered
under this by-law may obtain a dog tag to replace a dog tag
which has been lost upon payment of a fee of twenty-five (.25~)
cents for such tag..
(1) No person shall keep or maintain any dog in the Town of Newcastle
unless such dog has been licensed and registered under this by-law
and subject to the provisions of the Dog Tax and the Cattle, Sheep
and Poultry Protection Amendment Act, 1972, has on a collar to
which is affixed a dog tag issued for the current year for the
said dog.
(2) No dog shall run at large and no person shall permit a dog owned
by him to run at large in the Town of Newcastle at any time..
(3) No person shall a11m', his dog to become a nuisance nor permit it
to howl or bark excessively.. Any person so aggreived oay cppear
befor a Justice of the Peace and swear out an Information charging
the o't-mer with a breach of this section..
(l) Any person shall be entitled to take charge of any dog found
running at large and deliver the same to the Town of Newcastle
poundkeeper.
(2) The Dog Control Officer may seize and impound any dog or dogs
found running at large within the limits of the Town of Newcastle
or any dog found without a tag contrary to the provisions of
this by-lmJo Any dog so impounded shall be fed and watered for a
period of not less than seventy-t~ro (72) hours plus days that
the pound is closed and if not redeemed at the expiration of
72 hours plus days that the pound is closed, may, subject to
the requirements of Section 24 of the Animals for Research Act
R..SoO. 1970, Chapter 22 be sold or destroyed, however, that
nothing in this section shall prevent the Dog Control Officer
from destroying an animal, ''lhich is ill or injured and where in
the opinion of the Dog Control Officer it is incapable of being
cured, pursuant to Subsection 7 of Section 24 of The Animals
for Research Acto
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(3) Dogs that are to be destroyed or disposed of at the end of the
seventy-t,ro (72) hour period shall be destroyed or disposed of
in such manner as Council may, from time to time, by resclution
direct.
(4) The Dog Control Officer of the Town of Newcastle shall within
twenty-four (24) hours from the seizure of any dog bearing a
tug, or within ti'lenty..four (24) hours from the time any dog
benring a tag is taken L.to the dog pound, when possible,
notify the ot-mer that the dog is impounded ond of the conditions
whereby he may regain custody of the dogo
(5) The o~mer of on impounded dog shall be entitled, on proof of
ownership, to rc",gain custody of the dog on application to the
dog pound and payment of n pound fee of $5.00 for the first
day or part thereof and $3000 for each additional day or pnrt
thereof that the said dog has been impounded, together with
all fees for vetinary services incurred for treatment ordered
by the Dog Control Officero
(6) No dog shall be returned to the o\~er unless it has been licensed
in accordance with the provisions of this by-law, and any owner
of ll. dog without a tag and any purchaser of a dog shall obtain a
tag for the current year before delivery is made.
(7) The fee for picking up a dog at the request of an owner and
disposing of, or selling oame through the services of the Dog
Control Officer shall be $50000
5. The Council of the TO\ffi of Ne'VTcnstle, a Committee thereof or any
other person appointed by Resolution of Council shall direct and
supervise the ''lork of the Dog Control Officer and to prescribe
the manner in which his dULies are to be performed.
6. It shall be the duty of the issuer of licenses
(i) to keep or cause to be kept a book in which shall be recorded the
name and address of the owner of every dog registered and licensed
under thie by-la't'T, the dar.'.3 of registration, the serial number of
the dog issued and a description qf the dog respecting which the
tog w'ao issuedo
(ii) to keep or cause to be kept complet,~' .:l;Jd accuraLe records of all
revenue received from the sale of licenses, pound fees, the sale
of dogs or from any 0 ther sour ce and to remit or cause to be
remitted the gross revenue from same to the Treasurer of the
Toml of NC\'lcastleo
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7.
Every person ';Tho contravenes any of the prOVl.s~ons of this by-law
is guilty of an offence and upon conviction is liable to a penalty
of not more than fifty dollars ($50000) exclusive of costs for
each offenceo
80
That all by-laws of the former Tovmship of Darlington, the former
Town of Bovnnanville, the former Tovrnship of Clarke, the former
Village of Newcastle and any or all other by-laws contrary to or
inconsistent '1ith the provisions of this by-law, be and the same
are hereby repenled, but the provisions of this by-law, shall be
read mutatis mutandis with thetems and conditions of any
resolution, agreement or by-law enacted by the Council of the TOvm
of Ne..Tcastle in respect of the keeping of pounds and the appointment
of a Poundkeeper and a Dog Control Officer~
90
This By-law shall come into force and take effect upon the date
of the final reading thereofo
Read a first and second time this 18th day of February, 19740
Garnet Bo Rickard
l1ayor #",
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Read a third and final time and passed this / a ),j:-day of
, 1974~
fi.dtAUl'llhf
Game: Bo
l1ayor
Seal
Jo Ho HcIlro
Clerk