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HomeMy WebLinkAbout78-41 .. ... ,'~" . ~ . , ~ . H THE CORPORATION OF THE TOWN OF NE~fCASTLE ...1.1<::,'''.)1:" ;... l' AM~NOcl:J BY SY-L.AW#70'o<t>$ D ~ ~('''''-Z .....Il.......y.LAW# <oJ..,) ........ .~ AMENDED BY BY-LAW #~9..:~?~.~ BY-LAW NO. 78-41 being a by-law to provide for the licensing and registration of dogs and for regulating the running at large of dogs WHEREAS Council deem~ it desirable to provid~ 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 granted by Section 354, s.s. 1 and 2 of the Municipal Act, R.S.O. 1970, Chapter 284 and Amendments thereto and by the Dog Licensing and Live Stock and Poultry Protection Amendment Act, 1975, hereby ENACTS AS FOLLOWS: 1. DEFINITIONS (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) "dog" means a male or female dog "owner" of a dog includes any person who possesses or harbours a dog and "owns" or "owned" have a corresponding meaning. "running at large" 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. "spayed female" means a female dog which has been operated on by a licensed veterinarian to prevent conception. "neutered male" means a male dog ~lhich has been certif:.ed as castrated by a licensed Veterinarian. "pure-bred" means - (1) registered or el~gible for registration in the register of the Canadian Kennel Club, Incorporated or (2) of a class designated as pure-bred in the regulations. "regulations" means the regulations made under the Dog Licensing and Live Stock and Poultry Protection Amendment Act, 1975. "Dog Control Officer" l!';ans 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. 2. RESPONSIBILITIES OF THE OWNER (i) The owner of every dog which is habitually kept within the boundaries of The Town of Newcastle, shall each year, pay to the Town of Newcastle a license fee in accordance with the provisions of Schedule "A" attached hereto and forming part of this by-law. ~~ .; ..41 , '. ~ . (ii) (iii) - 2 - By-law No. 78-41 Every person who owns a dog shall, at the time of paying to the Town of Newcastle the lice~~ fee required by this by-law, register the said dog by furnishing, to the person to whom the license fee is paid, the following information. (a) the name and address of the owner of the dog. (b) the name and description of the dog to be registered. (c) such other information as may be required by the issuer of licenses. No person shall keep or maintain any dog in the Town of Newcastle unless such dog has b~en licensed and registered under the provisions of this by-law and has on a collar to which is affixed a dog tag issued for the current year for the said dog. (iv) The owner shall keep the tag securely fixed on the dog at all tmes until the tag is renewed or replaced, save and excepting that the tag may be removed while the dog is being lawfully used for hunting deer in the bush. (v) 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 as prescribed in Schedule "A". ~ (vi) (vii ) 3. LICENSES (i) (ii) (iii) . No person shall permit a dog owned by him to run at large, at any time, in the Town of Newcastle. No person shall allow his dog to become a nuisance nor permit it to howl or bark excessively. Any person so aggrieved may appear before a Justice of the Peace and swear out an information charging the owner with a breach of this section. The license fee shall be paid at such places and to such persons as shall be determined by Resolution of the Council of the Corporation of the Town of Newcastle, and such persons so determined shall be issuer of licenses for the purpose of this by-law. The license fee paid under this section shall be applied only to the dog respecting which the fee is paid, and the dog tag issued shall not be transferable and shall not be used for or affixed to any other than the dog for whom it was issued. The issuer of licenses, upon payment of the proper license fee, shall furnish to the owner of every dog except as provided in Section 3, s.s. (iv) 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. " .., - ~ e . . c' . '. (iv) (v) (vi) (vii) (viii) (ix) - 3 - By-law NO. 78-41 Each pure-bred dog in a licensed kennel may be registered and the issuer of licenses may issue a dog tag for each dog in the kenrel upon payment by the owner of a fee as provided in Schedule "A" section 4(1). The issuer of licenses shall 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 this by-law, the date of regist- ration and the serial number of the dog tag issued. The issuer of licenses shall keep, or cause to be kept, complete and accurate records of all revenue received from the sale of licenses! pound fees, the sale of dogs or from any other source and . remit, or cause to be remitted, the revenue from same to the Treasurer of the Town of Newcastle. License shall expire on the thirty-first day of December of the year in which it was issued. The owner of a dog may place his/her dog in the car.e and custody of the Animal Pound upon payment of a boarding fee of $5.00 per day or partial day thereof. Where a Certificate is produced from the Canadian National Institute for the Blind stating that a dog is being used as a guide for a blind person, no fee shall be charged for a license and tag under this by-law. 4. DOG CONTROL OFFICER (i) The Council of the Town of Newcastle, a Committee thereof or any other person appointed by Resolution of Council, shall direct and supervise the work of the Dog Control Officer and prescribe the manner in which his duties are to be performed. (ii) Any person shall be entitled to take charge of any dog found running at large and deliver the same to the Dog Control Officer. (iii) 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-law. Any dog so impounded shall be fed and watered for a period of not less than three (3) days, excluding the day on which the dog was impounded and excluding the days that the pound is closed and if not redeemed at the expiration of the three (3) day period, may be sold or destroyed in accordance with the requirements of Section 24 of the Animals for Research Act, R.S.O. 1970, Chapter 22, however, nothing in this section shall prevent the Dog Control Officer from destroying an animal, which 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 Act. .,.0. . e . . '.1 , . . (iv) (v) (vi) (vii) (viii) (ix) - 4 -. By-law No. 78-41 Dogs that are destroyed at the end of the three (3) day period shall be disposed of in such a manner as Council may, from time to time, by resolution direct. The Dog Control Officer of the Town of Newcastle shall within twenty-four (24) hours from the seizure of any dog bearing a tag, or within twenty-four (24) hours from the time any dog bearing a tag, is taken into the dog pound, when possible, notify the owner that the dog is impounded and the conditions whereby he may regain custody of the dog. The owner of an impounded dog shall, whether the dog is claimed from the Pound or not. be liable for the pound fees set forth in Schedule "A" and shall pay all fees on demand of the Animal Control Officer. No dog shall be returned to the owner unless it has been licensed in accordance with the provisions of this by-law, and any owner of a dog without a tag and any purchaser of a dog shall obtain a tag for the current year before delivery is made. The fee for picking up a dog at the request of an owner and disposing of or selling same through the services of the Dog Control Officer shall be in accordance with the provisions of Schedule "A". The Dog Control Department shall provide all services, as required by this by-law, between the hours of 8:00 a.m. and 5:00 p.m., Monday to Friday and 8:00 a.m. to 12:00 noon on Saturday, local time. (x) Outside of the hours set out in paragraph (ix), the only services which will be performed by the Department are services involving persons being attacked or bitten or services fer the collection of animals found dead on Town streets. 5. PENALTIES (i) Every person who contravenes any of the provisions of this by-law is guilty of an offence and liable upon conviction, to a penalty of not less than fifteen dollars($l5.00) and not more than fifty dollars ($50.00) for each offence exclusive of costs, and every such fine is recoverable under the Summary Conviction Act. (ii) Notwithstanding any other provisions of this by-law, any person who has been served with a violation notice issued pursuant to this by-law alleging commission of an offence, contrary to the provisions of this by-law may, where a violation notice is issued specifying that a payment may be made, present the violation notice within ten (10) days from the date of issue of the violation notice excluding Scndays and holidays, and if such amount be so paid, no further proceedings shall be taken under this by-law in respect of the offence alleged in the violation notice. . . . , c..' ~ /~ - 5 - By-Law No. 78-41 . 6. ENACTMENT (i) The following by-laws are hereby repea1ed:- By-law No. 74-29, passed on the 18th day of February, 1974. By-law No. 74-51, passed on the 21st day of May, 1974 By-law No. 75-28, passed on the 21st day of April, 1975 By-law No. 75-68, passed on the 2nd day of September, 1975 By-law No. 76- 3 . passed on the 19th day of January, 1976 By-law No. 76-4, passed on the 16th day of February, 1976 By-law No. 76-40, passed on the 5th day of July, 1976 By-law No. 76-54, as amended, passed on the 20th day of September, 1976. (ii) The provisions of this by-law shall be read mutatis mutandis with the terms and conditions of any resolution, agreement or by-law enacted by the Council of the Town of Newcastle in respect of location of kennels, the keeping of pounds and the appointment of a Poundkeeper and a Dog Control Officer. (iii) This by-law shall come into force and take effect upon the date of the final reading thereof. BY-LAW READ A FIRST, SECOND AND THIRD TIME and finally passed this .2~tb.... May day of ........ A.D. 1978 . G. B. RickaI:d..... Mayor u~~ . ; '- . ~ . ~ ., " . . . . ' ? SCHEDULE "A" to BY-LAW NO. 78-41 .Section (1) Licences shall be obtained on or before the first (1st) day of February in each year, except as provided for in Section 2. Section (2) Every person who becomes the owner of a dog after the first (1st) day of }furch in each year shall register the same and pay the licence fee there- fore, provided in Section 3, within fifteen days after becoming the owner of such dog. Section (3) Licence Fee (i) $15.00 each For the first and second dog ... ................... ... If a certificate of spay or neuter from a Licensed Veterinarian is produced......... $ 8.00 each (ii) For the third dog ....,............................... $25.00 each (iii) For the fourth and each additional dog $50.00 each -........"..... (iv) Kennel of pure-bred dogs registered in the Canadian Kennel Club Incorporated ................... $25.00 (v) The holder of a kennel licence shall not be liable to pay, in respect of such pure-bred dogs, any licence fee under Section 3, s.s. (i), (ii), (iii). If licence is paid or collected after the first day of February or more than fifteen (15) days after becoming the owner, a fee of $2.00 will be charged in addition to the above mentioned licence fees. Section(4) Dog Tags (i) For dogs in a licensed kennel......................... $ .50 each (ii) For a Replacement tag................................. $ .25 each .' .. " . . ~ ~ fI~ ,9 . Section (5) Schedule "All to By-Law 78-41 (i) For picking up a dog, at the request of the owner, and disposing of or selling same through the services of the Control Officer .........1,1..................... $ 8.00 (i1) (iii) For disposing of or selling a dog brought to the Pound . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . $ 4.00 each Regain custody of an impounded dog: (a) For a dog picked up for the first time in the current calendar year, the fee shall be $15.00 plus $3.00 for each day. or partial day, of impoundment after the first day. (b) For a dog which is picked up on second or further occasion in the current calendar year, the fee shall be $25.00 plus $3.00 for each day, or partial day, of impoundment after. the first day. . ,<t" ,,// /" G. B. Rickard _/.~~~/~f.."<-.~/ Mayor J. M. McIlro Clerk ..... '? II; ~. _f) ~;. ..-- <( TEE CORPORATION OF THE TOWN OF NEWCASTLE Name . . . .. . . . . . . . . . .. .. . . .. . . . . . . .. . . t .. .. .. . . .. . .. .. . .. . llnimal Control By-Lav,: Time.............. . Mailing f\ddress......................... Date. . . .... ..... ... Owner Custodian Violation Warning You are hereby notified that you are charged with a violation of the above by-law as indicated below: Dog at large Failure to affix dog tag Failure to secure licence Other Violation ........................................ Upon presentation of a violation Notice, pursuant to this by-law you may payout of Court within ten (10) days from the date of issue; excluding Sunday and holidays. T!1ESm'! OF Failure to do so will result in a sun~ons to Court being issued against you. WARNINGS do not require the payment of penalty. Make Cheque or Money Order payable to: Town of Newcastle 40 Temperanco Street, Bowmanville, Ontario. LIC 31\6 - or - Present Payment to: l'1nil:1al Control Office Liberty Street South, Bowmanville, Ontario. , . .. .. . . .. .. .. . .. .. . . .. .. .. . . . . .. . .. . .. . . .. . Animal Control Officer (PLEASE SUBMIT THIS NOTICE TIHEN PAYING)