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HomeMy WebLinkAbout99-90 AMENDED BY A::,.:°4j=D BY AMENDED BY AMENDED BV fY-LAW#c ` . �+Y'LAW# .r�.:;� BY-LAW i g ..JAOY-LAW#a-Q0� "a BY-LAW 99- 90 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Being a by-law to licence, regulate and prohibit certain animals or classes thereof within 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, R.S.O. 1990, Chap. M.45, 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, R.S.O. 1990, Chap. P.17 authorizes a municipality 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 SECTION 1 - DEFINITIONS AND INTERPRETATION Section 1.1 SHORT TITLE: This By-law may be cited as the "Responsible Pet Owners By-law". 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. Page 2 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 familiaris 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 profit or gain; j) "LEASH" shall mean a strap, cord or chain which is fastened to the dog or to the collar of the dog; r I Page 3 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; 1) "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; o) "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; t Page 4 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 and 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; Page 5 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 All words and personal pronouns relating to words contained in this By-law shall be 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 Schedules A, AA, B, C, and D attached to this By-law form an integral part of it. Schedule "A"— Dog Licence— Fee Schedule Schedule "AX— Cat Licence— Fee Schedule Schedule "B"—Vicious Dog Declaration Schedule "C" - Exceptions Schedule "D"— 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 "D". i Page 6 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 The Municipality, at its discretion, may refuse to issue a dog licence to any person. Page 7 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. Page 8 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. Page 9 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, within 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. Page 10 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 form 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. Page 11 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; (f) 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 Clarington 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. Page 12 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 "AX. , Page 13 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 Animal 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 Animal Services Officers shall provide all services as required by this By-law. 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. Page 14 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 any one (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. Page 15 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-laws 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 derogate from the provisions of By-law 93-161. Section 13.5 This By-law will come effect on the passing thereof with 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. �,A.Y R CLERK SCHEDULE "A"TO MUNICIPALITY OF CLARINGTON BY-LAW 99-90 EFFECTIVE—JANUARY 1, 2000 ADOPTION FEES Dogs - $75.00 Cats - $45.00 DOG LICENCE— FEE SCHEDULE ANNUALFEE Dog $30.00 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 1St— March 1s) To replace a lost or destroyed tag the fee is $ 3.00 With proof of microchipping, altering and current rabies vaccine $30.00 for lifetime NOTE: PROOF MUST BE PROVIDED IMPOUNDMENT FEE Impoundment of Dog Wearing Current Dog Licence or Microchipped First Occurrence $40.00 Second or subsequent Occurrence $65.00 Every dog impounded is subject to an additional charge of $12.00 for every day or part of a day after the day the animal is brought into impoundment. SCHEDULE "A" TO MUNICIPALITY OF CLARINGTON BY-LAW 99-90 PAGE 2 Impoundment of Dog NOT Wearing Current Dog Licence First Occurrence $50.00 Second or subsequent Occurrence $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) J 1 fl SCHEDULE it AA TO MUNICIPALITY OF CLARINGTON BY-LAW 99-90 EFFECTIVE JANUARY 1, 2000 CAT LICENCE — FEE SCHEDULE ANNUALFEE 1 Cat $20.00 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 1St— March 1s) With proof of microchipping, altering and current rabies vaccine $20.00 for lifetime NOTE: PROOF MUST BE PROVIDED IMPOUNDMENT FEE Impoundment of Cat Wearing Current Cat Licence or Microchipped First Occurrence $10.00 Second or subsequent Occurrence $15.00 Impoundment of Cat NOT Wearing Current Cat Licence First Occurrence $15.00 Second or subsequent Occurrence $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 $30.00 Shelter r • n SCHEDULE "B" TO THE MUNICIPALITY OF CLARINGTON BY-LAW 99- 90 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 DECLARATION #- This Declaration is issued to: 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 animals; 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.S.O. 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: , Animal Services Officer Served On: Served By: SCHEDULE "C" TO MUNICIPALITY OF CLARINGTON BY-LAW 99-90 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 (CAZA); b) on the premises of the Ontario Society for the Prevention of Cruelty to Animals (O.S.P.C.A.); 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. 4 1 ♦ r SCHEDULE "D" TO MUNICIPALITY OF CLARINGTON BY-LAW 99-90 LIST OF LOCATIONS WHERE LICENCES CAN BE PURCHASED Clarington Animal Shelter Municipal Administrative Centre Bowmanville Veterinary Clinic Clarington Animal Hospital Courtice Pet Clinic Durham Veterinary Clinic East Oshawa Animal Hospital Newcastle Veterinary Clinic Driver & Vehicle License Bureau Michelle's Grooming Rolph's Hardware c f THE HONOURABLE RAYMOND P.TAILLON L'HONORABLE JUGE RAYMOND P.TAILLON REGIONAL SENIOR JUSTICE JUGE PRINCIPAL REGIONAL CENTRAL EAST REGION REGION DU CENTRE-EST ONTARIO COURT OF JUSTICE COUR DE JUSTICE DE L'ONTARIO PROVINCIAL DIVISION DIVISION PROVINCIALE COURT HOUSE 2ND FLOOR 440 KENT STREET WEST LINDSAY ON K9V 6G8 TEL.(705)324-1410 FAX(705)324-1411 January 15, 2003 Ms. Rhonda M. Bishop Court Services Agent 110 Euclid Street, Suite 101 Whitby, Ontario L1 N 5B1 Dear Ms. Bishop: Re: Set Fines — Part I Municipality of Clarington Enclosed herewith is a copy of an Order and a copy of a schedule of set fines for By-law No. 99-90, as amended for the By-law indicated in the schedule. The setting of the fines does not constitute my approval of the short form of the wording used to describe the offences. I have forwarded a copy of the Order and the schedule of the set fines to the Ontario Court of Justice in Oshawa, together with a certified copy of the By-law. Yours truly, Justice R. P. Taillon Regional Senior Justice Central East Region /gs Enclosures P.S. �U5T�CE T/a�/ [,onl N�9•S RF a,4E57Eb -rA4 A? yUU 46E MAvE tern #/b onl THE SC14CDCt1-E op sE7 IT M A I >3E P3 7yv�'6P.Al�iNiCA,(, �i2lto�'. TANK. you �c�rAR y PROVINCIAL OFFENCES ACT PART IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice, that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and the By-law No. 99-90, as amended of the Municipality of Clarington, attached hereto is the set fine for those offences. This Order is to take effect January 15th, 2003. DATED at Lindsay this 15th day of January, 2003. J stice R. P. Taillon Regional Senior Justice Central East Region Ontario Court of Justice THE HONOURABLE RAYMOND P.TAILLON L'HONORABLE JUGE RAYMOND P.TAILLON REGIONAL SENIOR JUSTICE JUGE PRINCIPAL REGIONAL CENTRAL EAST REGION REGION DU CENTRE-EST ONTARIO COURT OF JUSTICE COUR DE JUSTICE DE L'ONTARIO PROVINCIAL DIVISION DIVISION PROVINCIALE COURT HOUSE 2ND FLOOR 440 KENT STREET WEST LINDSAY ON K9V 6G8 TEL.(705)324-1410 FAX(705)324-1411 January 15, 2003 Ms. Rhonda M. Bishop Court Services Agent 110 Euclid Street, Suite 101 Whitby, Ontario L1 N 5B1 Dear Ms. Bishop: Re: Set Fines — Part I Municipality of Clarington Enclosed herewith is a copy of an Order and a copy of a schedule of set fines for By-law No. 99-90, as amended for the By-law indicated in the schedule. The setting of the fines does not constitute my approval of the short form of the wording used to describe the offences. I have forwarded a copy of the Order and the schedule of the set fines to the Ontario Court of Justice in Oshawa, together with a certified copy of the By-law. Yours truly, Justice R. P. Taillon Regional Senior Justice Central East Region /gs Enclosures PS. J'us-nee Ttiliac.onl NAS Rca"4t S_rED TA4'9? YOU F.3E MADE A'WAR4 UG l Tam #/b o'U 'TNE 5C)4 1>U1-E OF Se-r ri�vES A s -rte >�� CJo,en '•RE-r�eA� IT r-O M S E A TiI OOG RAANi C'f1 C. � 2 Qo�, TINANK you. �7 �EC.eErARY PROVINCIAL OFFENCES ACT PART IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice, that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and the By-law No. 99-90, as amended of the Municipality of Clarington, attached hereto is the set fine for those offences. This Order is to take effect January 15th, 2003. DATED at Lindsay this 15th day of January, 2003. J stice R. P. Taillon Regional Senior Justice Central East Region Ontario Court of Justice Set Fine Schedule MUNICIPALITY OF CLARINGTON . PART I Provincial Offences Act, R.S.O. 1990, Chap. P.33, as amended Clarin ton By-law 99-90, as amended b By-law 2001-170 - Res onsible Pet Owners' By-law IT COLUMN-1 COLUMN 2 COLUMN 3 Short Form Wording Offence Section Set Fine (including $5.00 costs) fail to obtain a do licence Section 2.4 $65.00 fail to affix do to to do Section 2.6 $35.00 affix do to to unlicensed do Section 2.8 $65.00 4. allow animal to run at large Section 4.1 $130.00 5. allow animal to trespass on private roe Section 4.2 $130.00 6. fail to remove excrement left by a dog Section 4.4 $155.00 7. fail to restrain dog for which an "Order to Restrain" is Section 5.7 $245.00 issued 8. keep too man cats on residential lands Section 6.2 $105.00 9. keep too many dogs on residential lands Section 6.3 $105.00 10. allow or permit animal to make noise that disturbs; Section 7.1 $130.00 namely, 11. o erate a do kennel without a licence Section 8.1 a $180.00 12. fail to maintain do kennel in a sanitary condition Section 8.1 a $195.00 13. fail to obtain a cat licence Section 3.4 $55.00 14. fail to affix cat tag to cat Section 3.6 $25.00 15. affix cat taq to unlicensed cat Section 3.8 $55.00 *16. fail to licence and/or microchip dog for which an Section 5.4 $195.00 "Order to Restrain" is issued *17. fail to notify Municipality of location of dog for which Section 5.6 $195.00 an "Order to Restrain" is issued *18. fail to restrain dog for which an "Order to Restrain" Section 5.8 $245.00 is issued NOTE: The penalty provision for the offences in Items 1-18, inclusive, is under section 10.3 of By-law 99-90, a certified copy of which has been filed. *Items 16-18, inclusive, are added submissions to existing approved Orders. Set Fine Schedule MUNICIPALITY OF CLARINGTON PART I Provincial Offences Act, R.S.O. 1990, Chap. P.33, as amended ' Clarin ton By-law 99-90, as amended by By-law 2001-170 - Responsible Pet Owners' By-law ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Offence Section Set Fine (including $5.00 costs) 1. fail to obtain a dog licence Section 2.4 $65.00 2. fail to affix dog tag to dog Section 2.6 $35.00 3. affix dog tag to unlicensed dog Section 2.8 $65.00 4. allow animal to run at large Section 4.1 $130.00 5. allow animal to trespass on private property Section 4.2 $130.00 6. fail to remove excrement left by a dog Section 4.4 $155.00 7. fail to restrain dog for which an "Order to Restrain" is Section 5.7 $245.00 issued 8. keep too many cats on residential lands Section 6.2 $105.00 9. keep too many dogs on residential lands Section 6.3 $105.00 10. allow or permit animal to make noise that disturbs; Section 7.1 $130.00 namely, 11. operate a dog kennel without a licence Section 8.1 a $180.00 12. fail to maintain dog kennel in a sanitary condition Section 8.1(e) $195.00 13. fail to obtain a cat licence Section 3.4 $55.00 14. fail to affix cat tag to cat Section 3.6 $25.00 15. affix cat tag to unlicensed cat Section 3.8 $55.00 *16. fail to licence and/or microchip dog for which an Section 5.4 $195.00 "Order to Restrain" is issued *17. fail to notify Municipality of location of dog for which Section 5.6 $195.00 an "Order to Restrain" is issued *18. fail to restrain dog for which an "Order to Restrain" Section 5.8 $245.00 is issued NOTE: The penalty provision for the offences in Items 1-18, inclusive, is under section 10.3 of By-law 99-90, a certified copy of which has been filed. *Items 16-18, inclusive, are added submissions to existing approved Orders. THE HONOURABLE RAYMOND P.TAILLON L'HONORABLE JUGE RAYMOND P.TAILLON REGIONAL SENIOR JUSTICE JUGE PRINCIPAL REGIONAL CENTRAL EAST REGION REGION DU CENTRE-EST ONTARIO COURT OF JUSTICE COUR DE JUSTICE DE L'ONTARIO PROVINCIAL DIVISION DIVISION PROVINCIALE COURT HOUSE 2ND FLOOR 440 KENT STREET WEST LINDSAY ON K9V 6G8 TEL.(705)324-1410 FAX(705)324-1411 January 15, 2003 Ms. Rhonda M. Bishop Court Services Agent 110 Euclid Street, Suite 101 Whitby, Ontario UN 5B1 Dear Ms. Bishop: Re: Set Fines — Part 1 Municipality of Clarington Enclosed herewith is a copy of an Order and a copy of a schedule of set fines for By-law No. 99-90, as amended for the By-law indicated in the schedule. The setting of the fines does not constitute my approval of the short form of the wording used to describe the offences. I have forwarded a copy of the Order and the schedule of the set fines to the Ontario Court of Justice in Oshawa, together with a certified copy of the By-law. Yours truly, Justice R. P. Taillon Regional Senior Justice Central East Region cgs Enclosures PS. JUST.CE Ti9i/�conl NAS Rgwa,4ES7ED 'TI4AT You AE MACE J4WgRE o� SE7 iJ6S A S T� �Hs GJo.ea I TEm #1 b on1 THE SCHerPU4-E OF "R�T�/►.� ' IT MAY BE A 7'tiO06e2Al�N/CAC. �k2oP. THANK, You. �c�rARy PROVINCIAL OFFENCES ACT PART IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice, that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and the By-law No. 99-90, as amended of the Municipality of Clarington, attached hereto is the set fine for those offences. This Order is to take effect January 15th, 2003. DATED at Lindsay this 15"' day of January, 2003. J stice R. P. Taillon Regional Senior Justice Central East Region Ontario Court of Justice Set Fine Schedule MUNICIPALITY OF CLARINGTON PART I Provincial Offences Act, R.S.O. 1990, Chap. P.33, as amended Clarinc ton By-law 99-90, as amended by By-law 2001-170 - Res onsible Pet !Section ners' B -law rF. EM COLUMN 1 COLUN 2 COLUMN 3 Short Form Wording Offence Set Fine (including $5.00 costs) . fail to obtain a do licence Section 2.4 $65.00 2. fail to affix do to to do Section 2.6 $35.00 3. affix dog tag to unlicensed dog Section 2.8 $65.00 4. allow animal to run at fare Section 4.1 $130.00 5. allow animal to trespass on private property Section 4.2 $130.00 6. fail to remove excrement left by a dog Section 4.4 $155.00 7. fail to restrain dog for which an "Order to Restrain" is Section 5.7 $245.00 issued 8. keep too many cats on residential lands Section 6.2 $105.00 9. keep too many dogs on residential lands Section 6.3 $105.00 10. allow or permit animal to make noise that disturbs; Section 7.1 $130.00 name) , 11. operate a do kennel without a licence Section 8.1 a $180.00 12. fail to maintain dog kennel in a sanitary condition Section 8.1 a $195.00 13. fail to obtain a cat licence Section 3.4 $55.00 14. fail to affix cat tag to cat Section 3.6 $25.00 15. affix cat tag to unlicensed cat Section 3.8 $55.00 *16. fail to licence and/or microchip dog for which an Section 5.4 $195.00 "Order to Restrain" is issued *17. fail to notify Municipality of location of dog for which Section 5.6 $195.00 an "Order to Restrain" is issued *18. fail to restrain dog for which an "Order to Restrain" Section 5.8 $245.00 is issued NOTE: The penalty provision for the offences in Items 1-18, inclusive, is under section 10.3 of By-law 99-90, a certified copy of which has been filed. *Items 16-18, inclusive, are added submissions to existing approved Orders.