Loading...
HomeMy WebLinkAbout87-156 .-".4.,' :.~ ". " . '. AMENDED BY X.I_/~O~MENDED BY .~. ,AMENDED BY BY-LAW #~........J_ LAW "8''t. u<i.z.v ~ <6 - 1'13 1iI1- #................LAW #............. AMENDED BY AMENDEiJ cj! -0 5 <3 AMENDED BY BY-LAW # cr [- CJS::2.SY-LAW Ii............. fiD a(? - II/ ............. ~y.LAW #....:;?......til THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 87- 156 fiiiPEALED BY jY-LAW ,~~.J.1.o WHEREAS Section 2, Subsection 1 of The Dog Licensing and Livestock and Poultry Protection Act, R_S_O., 1980, Chapter 123, provides that by-laws may be passed by the Councils of local municipalities for the licensing and requiring the registration of dogs and for imposing a licence fee on the owners of them, with the right to impose a larger fee in the case of female dogs or for each additional dog or female dog where more than one is owned by anyone person or in anyone household; being a by-law to provide for licensing and regulating the keeping of dogs t AND WHEREAS Section 4, Subsection 1 of the said Act provides that by-laws may be passed by the Council of a local municipality for prohibiting or regulating the running at large of dogs in the municipality or in any defined area thereof, for seizing and impounding and for killing, whether before or after impounding, dogs running at large contrary to the by-law, and for selling dogs so impounded at such time and in such manner as is provided by the by-law; AND WHEREAS Section 4, Subsection 2 of the said Act provides that a dog shall be deemed to be running at large when found in any place other than the premises of the owner of the dog and not under the control of any person; NOW THEREFORE THE COUNCIL OF ~HE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: I. INTERPRETATION 1_ For the purposes of this by-law: (a) "Oog" means a male or female dog; (b) "0wner" of a dog includes a person who possesses or harbours a dog and "owns" and "owned" have corresponding meaning; (c) "Animal Control Officer" includes any person employed by the Town of Newcastle to enforce the provisions of this by-law; (d) "Pound" means the pound maintained by the Corporation of the Town of Newcastle; (e) "Spayed Female" means a female dog which has been operated upon by a Veterinarian to prevent conception; (f) "Neutered Male" means a male dog which has been castrated by a licenced veterinarian; (g) "Control" means that a dog shall be deemed to be not under the control of any person when the dog is not on a lead held by a person or is not otherwise phYSically restrained; (h) "Pure-Bred" means any dog registered or eligible for registration in the Register of the Canadian Kennel Club Incorporated, or of a class designated as pure-bred in the regulations made under the Dog Licensing and Livestock and Poultry Protection Act. ~'''87- ,. . - 2 - " II'. LICENSING AND REGISTRATION 2. That, (a) The owner of a dog in the Town of Newcastle shall pay to the Town of Newcastle, in each year, a licence fee as follows: (i) for the first and second dog $20.00 each (ii) for the third dog $30.00 (iii) for the fourth and each additional dog $50.00 each (iv) for a spayed or neutered dog, upon presentation of proof of spaying or neutering$10.00 each (b) (i) The said licence fee shall be payable by the owner as soon as he becomes the owner of a dog or at any time when the dog is first possessed by him or harboured by him on his premises, whichever shall sooner occur. (c) (i) (ii) Licence fees shall be paid at such places and to such persons as shall be determined by the Council of the Corporation of the Town of Newcastle, and such persons so determined shall be issuers of licences for the purpose of this by-law. When the said licence is first obtained or a licence is renewed and the fee is pa i d on or before the tstday;!of March in any year, the owm:;l" shall receive a discount of $2.00 on each licence fee. (ii) When the said licence is renewed and the fee is paid and a valid rabies certificate executed by a veterinary surgeon registeredpursuant to The Veterinary Act, is produced, the owner shall receive a discount of $2.00 on the said Ii cence fee. (d) The By-law Enforcement Officer of the Town of Newcastle shall, on or before the 31st day of January in each year, cause to be published in the newspapers having a general circulation in the municipality a notice bringing to the attention of the public the provisions of sub-paragraphs (a), (b)(i), (e((ii), (c)(i) and (c)(ii) above. (e) There shall be no refund or rebate, to an owner of any portion of the said licence fees referred to above. (f) There shall be no licence fee required from the owner or the person in possession of a seeing eye dOg~ prOvided such dOg is used solely for the purpose of assisting a person whose sight is impai-red. (g) The By-law Enforcement Officer of the Town of Newcastle shall keep a register showing the name and address of every owner and the number of the tags and licences issued, the date of such issue and the particulars of the dog for which the licence and tag are issued, and the amount paid by sach owner for such licence and tag. 3. Upon payment of the licence fee the owner shall be issued a licence valid until the 31st day of Deeember next ensuing. On or before March 1st of each succeeding year, a new licence shall be taken out for the keeping of everyc;dogyfof;fJstlioh year, iWiictordance~wi th the schedule 'oL fees included in Section 2 above. 4. Upon payment of the licence fee, there shall be issued to the owner a tag, consisting of a metallic plate or such other material as may be approved by the Clerk and having stamped thereon a number and figure Lp~i-catinbJthe year for which the licence fee has been paid. 5. (a) The owner shall attach such tag to a collar and shall cause the dog, for which such licence and tag were issued, to wea~ such tag and collar at all times during the year. (b) No person shall use a tag upon a dog other than the dog for which the tag was issued. 'P.aw:" .a' . . tI : - 3 - 6. The owner of a licenced kennel of pure-bred dogs registered in the Register of The Canadian Kennel Club Incorporated, or of a class designated as pure-bred in the r~gulations made under The Dog Licensing and Livestock and Poultry Protection Act, shall pay an annual licence fee of $25.00 to the Town of Newcastle on or before the 1st day of March in each year and shall be entitled to receive and have a licence and tag for each dog, and he is not liable to pay, in respect of such pure-bred dogs, any licence fee under this by-law. . 7. (a) No person shall own, possess or harbour a dog in the Town of Newcastle, or allow a dog to be owned possessed or harboured on his premises, unless the tax or licence fee therefor. required by this by-law, has been paid and such dog is wearing a collar with the tag attached thereto. (b) In the case of a dog whose owner has moved into the Town of Newcastle and has purchased a tag for the current year in the owner's former municipality of residence. the said tag shall be recognized and valid in the Town of Newcastle for the remainder of the year for which such tag was issued. 8. After the 1st day of March in each year, it shall be the duty of the By-law Enforcement Officer: (a) to notify each dog owner, who obtained a licence in the previous year and who has not obtained a licence for the current year, that a licence must be obtained within fourteen days, or a summons under the Provincial Offences Act will be issued, as referred to in Paragaraph (b) which follows: (b) to issue a summons under the Provincial Offences Act to the owner of any dog which has not been registered and licenced in accordance with the provisions of this by-law. notwithstanding the fact that the dog at the time may be on the property where it is habitually kept and/or that at the time. it is under the control of its owner or any other person. The owner of the unlicenced dog shall be subject to a penalty of $25.00 plus court costs and the person to whom the summmons was issued. being the owner of the unlicenced dog, shall be required to register the dog and secure a licence f<Dr H~ (c) Notwithstanding any other provisions of this by-law. any person who has been served with a summons issued pursuant to this by-law charging that he was the owner of a dog and failed to obtain a licence as required by the provisions of this by-law, may, where the summons specifies that a payment out-of-court may be made, present the summons and submit payment in the amount specified in the summons plus court costs at the Provincial Court Office at the address appearing on the summons within ten (10) days from the date of issue of the summons excluding Saturdays. Sundays and holidays. and if such amount be so paid out-of-court. no further proceedings shall be taken under this by-law in respect of the offence alleged im the summons. III.DOGS RUNNING AT LARGE 9. No dog shall run at large in the Town of Newcastle and no owner shall permit his dog to run at large in the Town. 10. (a) The owner of a dog which is found to be running at large shall be issued a summons under the Provincial Offences Act and shall be subject to a penalty of $25.00 plus court costs for a first offence and$50.00 plus court costs for the second and any subsequent offence. (b) Notwithstanding any other provisions of this by-law. any person who has been served with a summons issued pursuant to this by-law, charging that he was the owner of a dog running at large. contrary to the provisions of this by-law, may, where the summons specifies that a payment out-of-court may be made. present the summons and submit payment in the amount specified in the summons plus court costs at the Provincial Court Office at the address appearing on the summons within ten (10) days fron the date of issue of the summons excluding Saturdays, Sundays and holidays. and if such amount be so paid out- of-court. no ~urther proceedings shall be taken under this by-law in respect of'the offence alleged in the summons. Y} .. .. ~ ' . . ,~ py:-1 aw 87- '. ~, .... .. 1 _ ".. # - 4 - . 11. (a) The Council shall appoint one or more Animal Control Officers who shall investigate complaints of dogs running at large and shall catch and impound dogs running at large. The Animal Control Officers shall also perform such other duties as Council may, from time to time prescribe. (b) (i) Animal Contnol Officers shall provide all services as required by this by-law. (ii) Animal Control Officers will provide emergency services after hours on an as available basis, where such requests for services relate to persons attacked or bitten, or where the animal complained about may be suspected of having rabies. 12. Every Durham Regional Police Officer and Animal Control Officer is hereby authorized, and shall have the power, to 58~e and destroy, before impounding any vicious dog found running at large contrary to the provisions of this by-law. 13. (a) Any dog found running at large, contrary to the provisions of this by-law, shall be seized by an Animal Control Officer or an Officer of the Durham Regional Police Force and taken to the Animal Control Shelter where such dog shall be impounded and held for a period of three (3) days. If any such dog so seized and impounded is not claimed at the expiration of the three (3) day~period herein provided for, the Animal Control Officer may at his discretion, and subject to the requirements of Section 20,of The Animals for Research Act, R.S.O. 1980, Chapter 22, destroy such dog or sell such dog upon payment of a sum not exceeding ten dollars. Provided hmwaver, that nothing in this Paragraph shall prevent the Animal Control Officer from destroying an animal which is ill or injured and which, in the opinion of the Animal Control Officer, is incapable of being cured, pursuant to subsection 7 of Section 22 of TheAnimals for Research Act. For the purpose of this clause, the period of three days shall be reckoned exclusive of the day on which the dog is seized, Sundays and holidays. (b) Dogs that are destroyed shall be disposed of in such a manner as may be determined from time to time. 14. Any owner claiming a dog which has been seized and impounded shall pay to the Animal Control Officer the sum of $20.00 plus $5.00 for each day or part thereof from the first day to the time of recovery. 15. (a) No person shall regain possession of a dog from the Animal Control Shelter without being in possession of a licence for such dog and prQd]dng the tag therefor, or exhibiting the licence therefor to the Animal Control Officer. (b) No resident of the Town of Newcastle shall take delivery of a dog from the Animal Control Shelter without first obtaining a licence for such dog. 16. No person, other than the owner or an Animal Control Officer, shall remove a tag from a licenced dog during the year for which the tag was issued. IV GENERAL 17. The Animal Control Officers shall keep a record of all dogs seized and impounded. 18. Section 2 of this by-law shall come into force and take effect on the 1st day of December 1987. :iJH''';'',r, :\_:i: .::,.... .. l.':,*-" ~,B;'llaW' 'B7- ' " ". - 5 - '19. The following by-laws are hereby repealed: By-law 78-41 of the Town of Newcastle; By-law 78-65 of the Town of Newcastle By-law 80-43 of the Town of Newcastle. 20. It is declared that notwithstanding that any section of this by-law, or parts thereof, may be found by any court of law to be bad or illegal or beyond the power of the Council to enact, such section or sections or parts thereof shall be deemed to be severable and that all other sections or parts of this by-law are separate and inde~endent therefrom and enacted as such. 20. Any person convicted of a breach of any of the provisions of this by-law is guilty of an offence and liable upon conviction to a penalty of not exceeding fifty ($50.00) dollars exclusive of costs for each offence and such penalty shall be recoverable under the Provincial Offences Act. By-law read a first and second time this 28th day of September 1987 By-law read a third time and finally passed this 28th day of September 1987 Mayor . . 1] ~ ~LcJ. LL&~'[#.<~-o' Clerk