HomeMy WebLinkAboutCD-56-87
TOWN OF NEWCASTLE
REPORT File # .~~>-~~. ~.
Res. # ;~ .~ - ~~°''`°.~
By-Law #
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DATE:
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SUB,~CT:
RECOMMENDATIONS:
CONSIDERATION OF A REPORT RESPECTING DOG LICENSING -
FEES AND FINES AND A NEW ANIMAL CONTROL BY-LAW
It is respectfully recommended that the General Purpose & Administration
Committee recommend to Council the followings
1. That Clerk's Report CD-56-87 be received; and
2. That the new schedule of Licence Fees and fines respecting Animal Control
be approved; and
3. That the by-law entitled "a by-law to provide for licensing and regulating
keeping of dogs" attached to Report CD-56-87 be approved and recommended to
Council for passing; and
4. That a copy of the by-law be forwarded to Durham Regional Police for their
information.
BACKGROUND AND COMMENT
As part of the review of activities under the control of the Clerk's
Department it was deemed to be appropriate that the Animal Control By-law
including the fee and fines structure, be updated
GENERAL PURPOSE & ADMINISTRATION COMMITTEE
SEPTEMBER 21, 1987
CD-56-87 FILE #: 56.12.2.
Continued ...../2
Report CD-56-87 - 2 - September 21, 1987
The present by-law 78-41, was enacted in May 1978, and various sections amended
in 1978 (78-65) and 1980 (80-43). The latter amendment enacted in 1980 amended
the licence fee schedule and no further amendments have been considered since
that time.
The by-law attached to this report is intended to:
(a} reflect the most recent statutory authorities;
(b) establish a new schedule of licence fees;
provide discounts to owners of dogs for the early purchase of dog licences,
and presentation of a valid rabies certificate;
(c) establish a new fines structure related to dogs at large and unlicenced dogs;
(d) establish a requirement that all dogs be on a lead when off their owner's
property.
(a) Statutory Authorities
The draft by-law reflects the most recent amendments and statutory
authorities found in the Revised Statutes of Ontario, namely "The Dog
Licensing and Livestock and Poultry Protection Act, The Veterinary
Act, and the Animals for Research Act."
(b) Schedule of Licence Fees and Discounts
Licence fees have been reviewed and some increased. Present and
proposed rates are as follows:
1980 Rate Proposed Rate 1988
Licensing Year
first and second dog $15.00
for the third dog $25.00
for the fourth and each additional dog $50.00
for a spayed or neutered dog
(proof required) $ 8.00
Kennel Licence $25.00
ea. $20.00 ea.
$30.00
ea. $50.00 ea.
ea. $10.00 ea.
$25.00
NOTE; Kennel Licence Fees are prescribed
by statute. There is presently an effort
being made through A.M.O. to change this
fee structure.)
Discounts: - For early purchase of licence $2.00 each (on or before March 1st)
- For Production of a valid Rabies Certificate $2.00 (any time
of the year that the licence is obtained or renewed).
Continued ...../3
.~JI ~ -cb~
Report CD-56-87
- 3 -
September 21, 1987
The proposed licence fee schedule will result in a moderate increase in revenues.
More importantly, what the new rates should do is replace a negative attitude
towards penalties for late purchase with a positive attitude towards earning
discounts. The net result should be the licensing of greater numbers of dogs
early in the year, and generally the licensing of a greater number of dogs
overall in the municipality. The results can be measured in the 1988 licensing
year.
(c) New Fines Structure
1980 1987 Proposed
Unlicenced Dogs $15.00 to $50.00 Unlicenced Dog $25.00
at the discretion of the Court
running at large $15.00 to $50.00 First Offence $25.00
at the discretion of the Court Second Offence $50.00
The new fines structure accomplishes a number of ojectives:
1. It will encourage the purchase of licences;
2. It removes the discretionary control of the courts over the amount of the
fines and establishes what the fines shall be if the owner of a dog is
found guilty of an offence against the by-law;
3. The by-law also provides for the settlement of the case out of court by
payment of the fine prescribed in the summons within ten days of issue.
(d) Physical Control of the Animal
The act was recently amended to clearly identify the aspect of "control."
The proposed by-law also defines the degree of control and provides "that a
dog shall be deemed to be not under the control of any person when the dog s
is not on a lead held by a person or is not otherwise physically restrained."
__.
This section of the proposed by-law is intended to curb the "dog running at
large" problem in the municipality and, depending upon the severity of the
situation, allow for the impounding of the dog. The Animal Control Officers
are empowered by the by-law to issue a Provincial Offenses Summons to the owner
of the dog and, if the dog is seized and taken to the Animal Control Shelter,
to require the payment of impound fees of $20.00 plus boarding fees of $5.00 per
day or part thereof from the first day to the time of recovery (to a maximum of
three days after which the dog may be destroyed or sold).
Continued ...../4
r.~ ~ C ~ ~
Report CD-56-87
- 4 -
September 21, 1987
Members of Committee are aware that a great deal of rhetoric has been directed
towards the need to control particular breeds of dogs by a number of municipalities.
My review of the printed material has led to the conclusion that a municipality
does not have the statutory authority to restrict the ownership of specific
breeds or dog types.. Any attempt to introduce such legislation locally could
be challenged and that portion of the by-law struck down. The Provincial
Government may, in time, enact legislation restricting the ownership of certain
classes of dogs, at which time municipalities may amend their by-laws to conform
with the legislation.
The proposed by-law does not address the question of feces removal by the owners of
dogs. Again, while there is authority for such a by-law, it is the type of law
that is extremely difficult to enforce. At this time, it is proposed that "Stoop
and Scoop" control be left with the owners of dogs and not municipal staff. If
such a by-law is deemed to be necessary, then it should be a separate by-law and
not a section of The Animal Control By-law.
The proposed by-law is, I believe, a reasonable document which clearly spells out,
what will be required of the owners of dogs by the municipality. The ultimate
objective is to instil responsibility in the owners of dogs and to penalize those
who act irresponsibly. It is recommended that the Committee approve this report
and forward the by-law to Council for passage.
Respectfully submitted,
Davi W. Oakes, B.A.,A.M.C.T.,C.M.O.
Town Clerk
Recommended for Presentation
to Committee
~,
rence Kotseff, M.C.I.P.,
of A i istrative Officer
DWO/ms
Attachment.
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r 7HE CORPORATION OF THE TOWN OE NEWCASTLE
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regulating the keeping of dogs
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WNCItGAS S~~etion 2, Subsection 1 of The Dog Licensing and Livestock and Poultry
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Protection Act, R, S.O., 19D0, Chapter 123, provides that by-laws
, the Councils of local municipalities for the licensing and requirtng the
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registration of dogs and for imposing a licence fee on the owners of t
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the right to impose a larger fee in the case of fema
°~;;;',;'i~ ;: dog or female dog where more than one is owned by any one person or in any one
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'`''?•l~i``,~;5 ~ ~ AND WHEREAS Section 4, Subsection 1 of the said Act provides that by-laws may be
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`''tf%`:``•"' ~ running at large of dogs in the municipality or in any defined area thereof, for
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seizing and impounding and for killing, whether before or a
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running at large contrary to the by-law, an
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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
;!'i:~~;.~r+,j the owner of the dog and not under the control of any person;
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' 1. INTERPRETATION
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::i 1. For the purposes of this by-law:
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(.~~ (a) "Dog" means a male or female dog;
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1 ossesses or harbours a dog
(b) "Owner" of ~ dog includes a person who P
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S and "owns" and "owned" have corresponding meaning;
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(c) "Animal Control Officer" includes any person employed by the Town of
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j, (d) "Pound" means the pound maintained by the Corporation of the Town
a.! of Newcastle;
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"Spayed Female" means a female dog which has been operated upon by a
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"Neutered Male" means a male dog which has been castrate y a
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"Control" means that a dog shall be deemed to be not under the
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"Pure-bred" means any dog registered or eligible for registration in
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11~"~'"~~`'~" the Register of the Canadian Kennel Club Incorporated, or of a class
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11. LICENSING AND REGIST12ATlON
2. That,
(~c) the uwner of a dog in Lhe Town of Newcastle shall pay Lo 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.OD
(iii) for the fourth and each additional dog $50.00 each
(iv) fora 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.
(ri) Licence fees shall be paid ac 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.
(c) (i) When the said licence is first obtained or a licence is
renewed and the fee is paid on or before the 1st day of
March in any year, the owner shall receive a discount of
$2,00 on each licence fee.
(ll) When the said licence !s 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
licence fee.
(d) The gy-lew 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 ppublic the pprovisions
of sub-paragraphs (a), (b)(i), (6((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
impaired.
(g) The•I3y-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 such 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 December next ensuing. On or before March 1st of
each succeeding year, a new licence shall be taken out for the keeping of
every dog foresuch year, in accordance with the schedule of 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
indicating the 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 wear such tag and
collar at all times during the yearn
(b) No person shall use a tag upon a dog other than the dog for which
the tag was issued.
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u, the owner of a licenced kennel of pure-bred dogs regrstered rn the Reyister
of The Canadian Kennel Club Incorporated, or of a class designated ds pure-bred
rn the rgyularions made under The Dog Licensing and Livestock and Poultry
Protection Ac L, shall pay an annual licence fee of $25.00 to the Town of
Newcastle an or before the 1st day of March rn each year and shall. be
en U fled to receive and have a licence and tag for each dog, and he is not
Irable to pay, in respect of such pure-bred dogs, any licence fee under
thrs 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, Iras been paid and such dog is wearing a collar
with the Lag 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
nwnrcipalrty of residence, the said tag shall be recognized 'and valid
in the Town of Newcastle for the rema order of the year for which such
tag was Issued.
H, After the 1st day of March in each year, It shall be the duty of the
uy-Lrw i:nfurcemenG Ofl'Icer;
(,~) tc. no a fy 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 roust 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.OU plus court costs and the person to
whom the sununmons was issued, being the owner of the unlicenced
duy, shall be required to register the dug and secure a licence
trot i t;
(c) Notwithstandiny 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 provisrons of this by-law, may, where the summons
specifres 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 alleyed
in the summons.
111.DOGS RUNNING AT LARGE
~ 9. No dog shall run at large in the Town of Newcastle and no owner shall
I 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 swnmons specifies that
a payment out-of-court may be made, present the surrunons and submit
payment in the amount specifred in the summons plus court costs at
the Provrncral Court Office at the address appearing on the summons
wrlhrn ten (10) days Iron Che dale 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 in the sununons.
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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 Control Officers 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 to 12:00 Noon on
Saturday, local time.
(ii) Outside the hours referred to in (b)(i) above, Animal
Control Officers will provide emergency services 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 seize 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 fora 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
R?search Act, R.S.O. 1980, Chapter 22, destroy such dog or sell
such dog upon payment of a sum not exceeding ten dollars. Provided
hovaever, 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
prodrd ng the tag therefor, or exhibiting the licence therefor to
the Animal Control Off[cer.
(b) No resident of the 1"own 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 ltcenced 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.
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19. The following by-laws are hereby repealed; j
lay-law 78-41 of the Town of Newcastle;
Oy-law 78-65 of the Town of Newcastle ~
8y-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, sucft 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 independent 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.
6y-law read a first and second time this
8y-law read a third time and finally passed this
,`~ _ Mayor
Clerk
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THE CORPORATION OF THE
TOWN OF NE'~CASTLE
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being a by-law to provide for tt~.e licensing and registration
of dogs and for ,regulating the running at large of dogs
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WHBB.EA.S Council deems it desirable 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 granted by Section 354, s.s. 1 and 2 of the Municipal Act,
-x.5.0. 1970, Chapter 284 and Amendments thareto and by the Dog Licensing and
Live Mock and Poultry Protection Amendment Act, 1975, hereby ENACTS AS FOLLOWS:
1. DEFINITIONS
(1) "dog" means a male or female dog
(ii) "owner" of a dog includes any person who possesses or harbours a
dog and "owns" or "owned" have a corresponding meaning.
(iii) "running at larbc." 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 tt~e coritro. of any person.
(iv) "spayed female" means a female dog which has been operated on by a
licensed veterinarian to prevent conception.
(v) "neutered male" means a male dog which has been certif .ad as castrated
by a licensed Veterinarian.
(vi) "pure-bred" mesas -
(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.
(vii) "regulations" means the regulations made under the Dog Licensing
and Live Stock and Poultry Protection Amendment Act, 1975.
(viii) "Dog Control Officer" u~:ars the person appointed by the Town of
Newcastle Council or a Committee thereof to enforce the provisions
of this by-law and shall Include any Assistant Dog Control Officer.
2, RESPONSIBILITIES 4F THE JWNER
(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 licence fee in accordance with the provisions of Schedule
"A" attached hereto and forming part of this by-law.
~~ .
.,
- 2 - By-law No. 78-41
u I .~~ ~
y (11) Every person who owns a dog shall, at the time of paying to the
Town of Newcastle the licecM a fee required by this by-law, register
the Said dog by furnishing, to the person to whom the license fee 18
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.
(111) 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 ~"~.mes
until the tag la 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".
(v1) No peroon shall permit a dog owned by him to run at large, at any time,
in the Town of Newcastle.
(vii) No person shall allow hie dog to become a nuisancE nor permit it to
howl or bark excessively. My 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.
3. LICENSES
(1) The license fee shall be paid at such places and to such persona as
shall be determined by Resolution of the Council of the Corporation
of the Town of Newcastle, and~auch persona so determined shall be
issuer of licenses for the purpose of this by-law.
(11) 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.
(iii) The issuer of licensee, 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 t,ag bearing a aerial number acid 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..
- 3 - 8y-law N0. 18-41
r (1v) Each pure-bred dog in a licensed kennal may be registered and
- the issuer of licenses may issue a dog tag for each dog in the kennel
upon payment by the owner of a fee as provided in Schedule "A"
section 4(1).
(v) The issuer of licenses shall keep, or cause to be kept, a book 1n
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.
(vi) The issuer of licenses shall keep, or cause to be kept, complete
_, and accurate records of all revenue received from the sale of ].lcenses,
pound fees, the sale of doge or from any other source and ~ remit,
or cause to be remitted, the revenue from same to the Treasurer of
the Town of Newcastle.
(vii) License shall expire on the thirty-first day of December of'the
year in which it was issued.
(v ) Tha owner of a dog may place his/her dog in the care and custody
of the Mimal Pound upon payment of a boarding fee of $5.00 per
day or partial day thereof.
(ix) Where a Certificate is produced from the Canadian National Institute
for the Blind stating that a dog is being us~:d as a guide for a blind
~ peraoa, no fee shall be charged for a license and tag under this
~"'~ by-law.
4. D0~ CONTROL OFFICER
(i) The Council of the Town of Newcastle, a Committee thereof or any
other parson appointed by F.esolution 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) My 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 tewcastle or any
dog found without a tag contrary to the provisions of this by-law.
Any dog 8o 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 inured 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.
U~ I . ~~~
- 4 _. By-law No. 78-41
~ (iv) Dogs that are destroyed at the end of the three (3) day period shall
be disposed of iX~ such a manner as Council may, from time to time,.
by resolution direct.
(v) ~ Tt~e 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 ie impounded and the conditions whereby he may regain
custody of the dog.
-~ (vi) 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.
(vii) 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.
(viii) 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 1n accordance with the provisions of Schedule "A".
(1x) 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 for 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 fiftean dollars($15.00) and not more than fifty
dollars ($50.00) for each offence exclusive of costs, and every such
fine 1s 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 SLndays 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.
' ~ - 5 - By-Law No. 7s-41
6. ENACTMENT
`- (i) The following by-laws are hereby repealed:-
By-law No.
By -law No.
By-law No.
By-law No.
By-law No.
By-law No.
By-law No.
By-law No.
74-29,
74-51,
75-28,
?5-68,
76-3,
76-4,
76-40,
76-54,
passed on
passed on
passed on
passed on
passed on
passed on
passed on
as amends
the
the
the
the
the
the
the
~> P
18th day of 1?e:bruary, 1974.
21st day of May, 1974
21st day of Apr11, 1975
2nd day of September, 1975
19th day of January, 1976
16th day of Pebruary, 1976
Sth day of July, 1976
9ssed on the 20th day of September, 1976.
(11) The provisions of this by-law shall be read mutatie 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 $nd the appointment
of a Poundkeeper aad 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 BEAD A FIRST, SECOND AND THIRD TIME and finally passed this .24th....
day of ..~y... A.D. 1978
~~,' ~j
G. B. Rickard ,l~o~ /!~
Ma or
y
J. M. McIlro ~
Clerk
t
UI' ~ . ~b~
SCHEDULE "A"
to BY-LAW N0. 78-41
Section 1
Licences shall be obtained on or before the first (lst) day of February
in each year, except as provided for in Section 2.
Section (2)
Every person who becomes the own~:r of a dog after the first (1st) day of
March 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 ouch dog.
Section (3) 1};; ~~:;)
Licence Fee
(i) For the first and second dog ......................... $15.00 each
If a certificate of spay or neuter from a
Licensed Veterinarian is produced......... $ 8.00 each
(11) For the third dog .................................... $25.00 each,
(111) For the fourth and each additional dog ............... $50.00 each
(iv) Kennel of pure-bred do;;s 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), (11), (111).
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 1n addition to ttiu above mentioned
licence fees.
~- t~~~
~U)
Section(4)
Dom Tn6a
(i~ For dogs in a licensed kennel ......................... $ .50 each
(i#) For a Replacement tsg ................................. $ .25 each
~; .
f
~ Section (5)
`-
(~~)
(11)
Schedule "A" to
By-Law 78-41
i.~~~
For picking up a dog, at the request of the owner, and disposing
of or Belling same through the services of the
Control Officer ............................... $ 8.00
For disposing of or selling a dog brought to
the Pound .............................. $ 4.00 each
(1i1) Rkgain 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
ia~oundment 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.
C. B. Rickard %~ ~,; ~L - ~c < s~
Mayor
J. M. McIlro 1~ /
Clerk ...
Ul; f ~ gib)
T:a:; CUitPOR/1TIUN O1~ TNL 'I'Oi';N OIL' NLWC;,S'1'1,1:
_ Name ............................... llnimzl
Control
b1a~.lin6 ;address ......................... '3y-L~i~: ~_, ~
........................................ Time...............
I~:~ t o .............. .
Owner ........ C~t:~todiatt ...........
-~ ........ Violation ...... YJ;~rninE;
You are hereUy no.tifiEd that you are c:l~arged with a violation of
the above by-law as indicated bolow:
i ...... Dog at largo '
..,.. Failure to affix dog tag
..... Failuri: to secure licence
..... Other Violation ........................................
Upgn pre5enttltion of a viol,~tion Nutice, pursuant to this by-law
~~ you may p;ty out of Court within tc:n (10) days from the date of
issue; excluding Sunday and holidays.
Failuro to do so will result in a sunununs to Court being issued
against you.
fl~,~NINGS do not require the payment o.l' penalty.
1.lalce Chccluo or tdouoy Order pt~yablc.~ to
Town oi' :Vi:~wcastlc:
~(1 '1'~~mi~~,r:tnui: Str~:~:t,
13owmanville.~, Uttturio.
L1C 3~G
- or -
Presi.~nt Payment to:
!lni~7al Co~ttrol Ofl'.ice
Lit~erty Street Soutl:,
13owmanvi 11:.', Ontario.
~~ /lt~itna! (:on trul • Uf l'icc.~r
(hL%r;.`.;i? .~UB~.II'"i' 'I'BIS NC-TICI. ;'~i.iJ~;fv '';-YING~
~~ ~ ~ ~b~
THE CORPORATION OF THE
TOWN OF NEWCASTLE
BY-LAW No. ?8-65
kieil~ a iffy-Law to amend I3y-Law No. 78-41 being a By-Law
to provide for the licensing and registration of dogs
and for re~Tulating the iw~uzing at large of dogs.
_,
The Council of the Corporation of the Town of Newcastle hereby
enacts as follows:
1. That Schedule "A" of By-Law ~# 78111 is hereby amended as follows:
That a new subsection (vi) be added to Section 3 to read
as follows;
`~ ~
3 (ice-) 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 will be recognized in the
Town of Newcastle for the remainder of the year.
Read a first and second and third time and finally passed this
Fourteenth Day of August 1978.
~ --,
R . B r u , ~~Y.~iC ~ C.l ~L . j .~/ " .
Acting Mayor
1~ _
~rtr~de E Grav ~~~.
Deputy - Clerk
~~---
___--b
TI-~ . O~RPORATIQN OF TI-IE TCWN OF NEWCILSTLE
By-law No. 80 - 43
Being a by-law t4 amend Schedule 'A' of By-law #78-41 be:ir~g a
by-law to provide for the licensing and registration of dogs within
the jurisdiction of The Corporation of the Zbwn of Newcastle
WHEREAS, the Council of the Corporation of the Town of Newcastle deems it
advisable to acr~end By-law #78-41;
NOW TI~REF'ORE, the Co~cil of the Corporation of the Zbw!~ of Newcastle hereby
EIS as follows:
1. That section (3) of Schedule 'A~ to By-law #78-41 is hereby amended by
deleting this section and the following revised section (3) substituted
therein.
Licence Fee
(i) For the first and second dog ...............:..............$15.00 each
1 If a declaration is signed by the purchaser of a licence
that such licence is for a neutered or spayed dog.........$ 8.00 each ~
(ii) For the third dog............. $25.00 each ~~j
.............................
(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 holdex of a kennel licence shall mt be liable to pay
in respect of such pure-bred dogs, any licence fee under
Section 3, s. s. (i), (ii), (iii).
By-law read a first time this 21st day of ...~ril .................. 1980.
By-law read a second time this 2lstday of ...~'r~ .................. 1980.
By-law read a third time and finally passed this ,21st day of ..April..... „ 1980.
SEAL ~~ _~ ~..~~~t~-L-~
Mayor, G.B. Ric d
~.
~ er , J.M. McIl y
// y