HomeMy WebLinkAboutCLD-007-13 Clarington REPORT
CLERK'S
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
1
Date: February 25, 2013 Resolution#: By-law#: .
Report#: CLD-007-13 File#:
Subject: AMENDMENTS TO RESPONSIBLE PET OWNERS BY-LAW AND
KENNEL LICENSING BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-007-13 be received;
2. THAT the proposed changes to Kennel Licensing be endorsed;
3. THAT the proposed changes to the Responsible Pet Owners By-law be
endorsed;
4. THAT the proposed draft Responsible Pet Owners By-law, Attachment 1 to
Report CLD-007-13 be passed;
5. THAT the proposed Kennel Licensing By-law, Attachment 2 to Report
CLD-007-13 be passed;
6. THAT Council authorize staff to commence an amendment to the Zoning By-laws
to amend appropriate definitions and provisions to provide greater consistency
with the draft "Responsible Pet Owners By-law" and the proposed "Kennel
By-law"; and
7. THAT all interested p rties listed in Report CLD-007-13 be advised of Council's
decision.
Submitted by: Reviewed by: ` -- `� "`-
Pa B rie Franklin Wu,
unicipal Clerk Chief Administrative Officer
PLB/CAG
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: CLD- 007 -13 PAGE 2
1. BACKGROUND
The Responsible Pet Owners By -law, By -law 2006 -227, was enacted by Council on
December 18, 2006. This By -law repealed By -law 99 -90, as amended, and the primary
changes were in response to the restricted breed requirements which were enacted
under the Dog Owners Liability Act (DOLA). Since that time, several amendments have
been made to the By -law respecting fees and leash free areas.
The Kennel Licensing By -law, By -law 2006 -228, was also enacted by Council on
December 18, 2006. This By -law, although a new by -law at that time, was based on
sections removed from the prevailing Responsible Pet Owners By -law, By -law 99 -90.
Staff have been working under the authority of these two By -laws for six years now, and
are proposing a number of changes which, if approved by Council, will provide: more
efficient means by which to address situations involving aggressive dogs, and clarity on
definitions, including doggie daycares and boarding kennels. Additionally, the
recommended changes will correct a few areas which were overlooked at the time that
By -law 99 -90 was separated out into two By -laws. These particular corrections will
enable the Animal Services Officers to enforce the requirements of the By -laws as they
were intended.
In drafting the recommended By -law changes, Municipal Clerk's staff consulted with
Planning Services and the Municipal Solicitor. During the previous term of Council, staff
consulted the Clarington Agricultural Advisory Committee and the former Animal
Advisory Committee for input regarding the maximum number of dogs. Additionally,
draft copies of the proposed Kennel Licensing By -law were sent to all existing licensed
Kennels soliciting comments. Feedback from these stakeholders has been
incorporated into the recommended draft by -laws attached to this Report.
2. Responsible Pet Owners By -law
In addition to minor housekeeping amendments to the existing Responsible Pet Owners
By -law, the following details the significant changes being proposed by staff.
2.1 Aggressive Behaviour Involving Restricted Breeds
By -law 2006 -227 was drafted to acknowledge the requirements of DOLA and demands
our Animal Services Officers to initiate a proceeding under DOLA for any incident of
aggressive behaviour involving a restricted breed dog (ie. Pit Bull). This approach, at
that time, was deemed appropriate. Since the enactment of the restricted breed
requirements under DOLA, however, we have learned through various cases that the
Crown's expectations for our DOLA case files are extremely challenging to meet and
are therefore not likely to proceed. At a more local level, staff has found that initiating a
proceeding under DOLA for an incident involving a restricted breed often leads to the
case not proceeding due to minor technicalities. In these cases, the net results are staff
frustrations, poor use of court and staff resources, and very dissatisfied victims. Staff
V =I1s7 42 i; Is] e] I9aIIIiAiK3
has concluded, that these outcomes could more appropriately be avoided by handling
the situations through our traditional Order to Restrain process. Staff are therefore
recommending that the By -law be amended such that a standard process be used for
investigations and Orders regardless of the breed. This would not, however, affect our
right to initiate a proceeding under DOLA should the situation warrant.
2.2 Orders to Restrain — Flexibility of Content
Currently Section 5.2.6 of the By -law demands all Orders to Restrain include the
following requirements:
a) Licence and register the dog with the Municipality within 7 days, have the dog
microchipped within 21 days, and provide proof of both within 30 days of receipt
of the Order;
b) Notify the Municipal Clerk, or designate, immediately upon relocating the dog or
transferring the ownership of the dog;
c) Restrain the dog at all times while on the Owner's property (i.e. in a fenced in
area) to prevent contact with people and other animals; and
d) Muzzle and leash the dog when off the owner's property with a leash no longer
than 6 feet and under the care of someone 16 years or older.
The intent of an Order to Restrain is to ensure the safety of those persons or animals
who may come in contact with the subject dog. While these measures prove very
effective, there are a number of instances where some of the requirements may not be
appropriate. Staff is often faced with situations where the circumstances of the
bite /attack may more appropriately require only some of the aforementioned
requirements or may require additional requirements. Staff is recommending that the
By -law be amended to allow the Officers flexibility in determining the appropriate
requirements of an Order to Restrain based on each situation. Staff is not
recommending any changes to the existing right of the Owner to appeal an Order to
Restrain.
2.3 Restriction on Number of Pets Allowed — Extension to Agricultural Land
Currently there is a disconnect between the Responsible Pet Owners By -law and the
Kennel Licensing By -law where the maximum number of dogs permitted is concerned.
The intent, when the kennel licensing provisions were removed from the Responsible
Pet Owners By -law in 2006, was to allow owners to have three dogs and should the
owner be situated on agriculturally zoned property with more than five acres, they could
own more than three provided they applied for and met all the necessary requirements
of the Kennel licence. Unfortunately, the intent has not been met due to inconsistency
between the Responsible Pet Owners By -law, the Kennel Licensing By -law, Zoning By-
law 84 -63 and Zoning By -law 2005 -109 for lands within the Oak Ridges Moraine.
REPORT NO.: CLD- 007 -13 PAGE 4
Staff are recommending that the Responsible Pet Owners By -law be amended to
extend the restriction of the maximum number of dogs to also include agriculturally
zoned lands unless licensed as a Kennel. Recognizing the need to allow owners who
are actively involved in hunting or showing dogs or owners who have working dogs as
part of their husbandry, an exemption clause is also recommended. To qualify for the
exemption, the owners would be required to provide active participation. Note, these
requirements currently exist in the Kennel Licensing By -law. See Section 3.2 of this
Report for recommended changes to the Kennel Licensing By -law as it pertains to the
maximum number of dogs permitted to coincide with this recommended change. Note,
provisions will be included with the amendment to permit owners who currently have
more than the recommended maximum to keep those dogs until they have died or are
otherwise rehomed.
2.4 Restriction on Number of Pets Allowed — Exemption Permit for Urban Areas
The Clarington Responsible Pet Owner's By -law has imposed a maximum dog limit for
many, many years. However, over the past few years, staff has dealt with the
occasional situation where, due to very unusual circumstances, a family is faced with
having to part with one of their dearly loved pets in order to meet the by -law
requirements. Such circumstances have included a merging of two families, a family
moving into Clarington where the previous municipality allowed more dogs than
Clarington, or where there has been a death in the family and an "inheritance" of the
family member's pet. These are challenging situations for the Officers and the by -law
does not provide any flexibility, thus the only recourse has been for the owners to
request an exemption from Council. To address these situations, staff is recommending
that the Municipal Clerk, or designate, be authorized, through a permitting application
process, to approve the keeping of more than the prescribed limit where deemed
appropriate.
2.5 Minimal Care Requirements — Owner to Live on Property Where Dog is Housed
Section 13 of our current By -law speaks to minimum animal care requirements. These
requirements are consistent with Provincial Regulations under the Ontario Society of
Prevention of Cruelty to Animals Act. Our Officers have, on occasion, encountered
situations where animals are kept restrained on a vacant property where the animal
appears to be more or less healthy but the welfare of the animal is questionable. As
authorized under the Ontario Society of the Prevention of Animal Cruelty Act, to address
these types of situations, staff is recommending that our minimal animal care
requirements be expanded to include a requirement that where an animal is customarily
kept in an area other than within a dwelling unit, the animal shall only be kept on the
same property as the owner's dwelling unit. This recommended amendment also
includes an exemption for a dog which is relied on as part of the farming husbandry.
REPORT NO.: CLD- 007 -13 PAGE 5
3. Kennel Licensing By -law
Clarington currently has 13 licensed kennels. Staff circulated the proposed draft Kennel
By -law to every licensed kennel owner and invited input and comments. Two owners
responded. Staff responded to all of their questions. One respondent requested:
clarification in Section 1.7 - Application; allow licence renewals to rely on previously
submitted drawings where no changes to the property have taken place; and
recommended a change of wording in Section 5.1 Boarding. All of these requests for
changes have been incorporated into the proposed draft by -law. The other respondent
expressed concerns with allowing "doggie daycare" on lands not zoned for kennels.
In addition to minor housekeeping amendments to the existing Kennel Licensing By -law,
the following details the significant changes being proposed by staff.
3.1 Definitions — Consistency and Clarification
Staff are recommending that the definitions for both Boarding Facility and Kennel be
replaced with definitions that are more consistent with the definitions contained in
Zoning By -law 84 -63 and Zoning By -law 2005 -109 for lands within the Oak Ridges
Moraine. Currently the two By -laws are not consistent as the 2005 Oak Ridges Moraine
By -law was made to be less rigid than the definition of Kennel in 84 -63. The provisions
of the two Zoning By -laws should be generally consistent, recognizing that there may
need to be some differences with the focus in zoning on land use compatibility versus
the focus on animal welfare and consumer protection. The proposed new definitions
are:
Boarding — means the taking in of dogs for a temporary period of time for
financial gain.
Kennel — means a building or structure within which four or more dogs are being
kept, or boarded for profit and includes any associated lands.
3.2 Restriction on Number of Pets Allowed — Hunting, Working & Show Dogs -
The combined intent of the Kennel Licensing By -law and the Responsible Pet Owners
By -law is to promote the safety of the public, health and well -being of animals, and
consumer protection. The existing Private Kennel requirements are really out of place.
"Kennel ", as defined both in the existing By -law and the proposed definition above,
speaks to "for profit ", where as a Private Kennel is defined and designed to
accommodate owners who hunt or show or have working dogs to keep more the
maximum number of animals. This concept of Private Kennel has proven to be
confusing both for staff and the public. Staff recommends that any reference to "Private
Kennel" be removed from the Kennel Licensing By -law as well as Zoning By -law 84 -63.
Staff further recommends that the exemption to the maximum number of dogs be
included in the Responsible Pet Owners By -law (see section 2.3 above) and that proof
of active participation clauses (similar to those currently detailed under the Private
REPORT NO.: CLD -007 -13
PAGE 6
Kennel Licence section of the Kennel By -law) be also added to the Responsible Pet
Owners By -law.
3.3 Licensinq Period — Change from March to May
Kennel licences are currently valid from the date of issue and expire on March 31St of
each year. Prior to issuing a licence, Animal Services Officers attend each applicant's
facility. Conducting these inspections during the month of March and the beginning of
April causes difficulty due to weather conditions. Often the state of the facility grounds
are not exposed due to snow. Staff therefore recommends that the Kennel licensing
period expire on May 31St of each year. Should Council approve this recommendation,
existing licences would be extended for the two month period.
3.4 Doggie Daycare
As stated earlier, one of the goals of the Kennel Licensing By -law is to provide
consumer protection. While the Zoning By -laws speak to Kennels and Home
Occupations, neither the Kennel Licensing By -law, the Responsible Pet Owners By -law
nor the Zoning By -laws explicitly addressed doggie daycares. To provide clarity on
licensing requirements for doggie daycares, staff are recommending that a new clause
be added to the Kennel Licensing By -law to explicitly state that a licence is not required
where there are not more than the permitted number of dogs allowed as per the
Responsible Pet Owners By -law being boarded. Note, the existing rules are not being
amended, but rather clarified.
Should a doggie daycare operator board more than the permitted number of dogs
allowed as per the Responsible Pet Owners By -law, the owner is required to apply for
and qualify to licence the operation as per the Kennel Licensing By -law.
3.5 Animal Breeding — Clarification
In support of the restricted breed requirements of DOLA and to add clarification to the
By -law, staff are recommending that a clause be added to the Kennel Licensing By -law
which expressly prohibits the breeding or boarding of any animal prohibited by law. (eg
Pit Bulls).
To add clarity to the protection of the animals, staff are recommending that clauses be
added to the Kennel Licensing By -law which expressly prohibits a person from whelping
more than one litter per dog within a twelve month period, and from breeding any dog
under the age of one year old.
REPORT NO.: CLD- 007 -13 PAGE 7
3.6 Appeal Process
As stated earlier, the Municipality regulates Kennels in Clarington to promote the safety
of the public, health and well -being of animals and consumer protection. The zoning
requirements to operate a Kennel in Clarington is defined in the Zoning By -law. The
application requirements, operating standards, animal care and facility management
requirements are all very clearly defined in the proposed Kennel By -law. The
standards that must be met are not unreasonable nor cost prohibitive. Staff therefore
recommend that the Kennel license application appeal process be removed thus
rendering the Municipal Clerk's decision as final.
4. CONCURRENCE
This report has been reviewed by Andy Allison, Municipal Solicitor and David Crome,
Director of Planning Services, who concur with the recommendations.
5. CONCLUSION
Staff are committed to ensuring the safety of the public, the health and well -being of
animals and consumer protection. To better enable staff to achieve these goals staff is
requesting that Council approve the recommended changes to the Responsible Pet
Owners By -law and the Kennel Licensing By -law to:
a. delete private kennel category
b. clarify doggie daycare
C. prohibit breeding of illegal dogs
d. allow for flexibility in Order to Restrain requirements
e. extend the restriction of the number of dogs to agriculturally zoned lands
f. authorize Municipal Clerk to permit exemptions to restrictions on number of
dogs in specific circumstances
g. require owners to live on the property where dogs are being housed.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Anne Greentree, Deputy Clerk
Attachments:
Attachment 1 - Draft Responsible Pet Owners By -law
Attachment 2 - Draft Kennel Licensing By -law
List of interested parties to be advised of Council's decision:
Animal Alliance
Clarington Licensed Kennel Owners
ATTACHMENT # _ _
TO
REPORT # '``. 1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW 2013 -XXX
Being a by -law respecting responsible pet ownership
WHEREAS Section 11 of the Municipal Act, 2001 confers the power to pass by -laws
respecting animals to lower -tier municipalities;
WHEREAS under Subsection 8(3) of the Municipal Act, 2001 a by -law respecting a matter
may (a) regulate or prohibit the matter; (b) require persons to do things respecting the
matter; and (c) provide for a system of licences respecting the matter;
WHEREAS Section 103 of the Municipal Act, 2001 confers the power upon a municipality
to pass a by -law to provide for the seizure and impounding of animals being at large or
trespassing and the sale of impounded animals under certain conditions;
WHEREAS Section 105 of the Municipal Act, 2001 requires that a hearing be held on
whether to exempt the owner of a dog in whole or in part from muzzling requirements
imposed by the municipality when so requested by the dog owner; and
WHEREAS the Municipality promotes the humane treatment of animals and responsible
pet ownership.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
PART 1 - INTERPRETATION
Definitions
1.1 In this by -law,
"Agricultural Zone" means an "Agricultural (A)" zone in a Zoning By -law;
"altered ", in the case of a female pet, means spayed or otherwise operated on by a
licensed veterinarian to prevent conception and, in,the case of a male pet, means
neutered or castrated by a licensed veterinarian;
"Animal Services Officer" means a Municipal Law Enforcement Officer whose
duties include the enforcement of this by -law;
"at large" means found on any property other than the pet owner's property
(unless prior consent is given by the person owning or occupying the property)
and not under a person's control;
"cat" means a feline of any breed of domesticated carnivore of the species felis
catus;
Responsible Pet Owners By -Law Page 1 2
"dog" means a domesticated carnivore of the species canis lupus;
"DOLA" means the Dog Owners' Liability Act, R.S.O. 1990, c. D.16;
"keep ", when used in relation to a pet, means to temporarily or permanently
harbour, have custody of, possess or own;
"leash" means a strap, cord or chain that is designed to restrain the breed of pet
it is controlling;
"Leash Free Area" means an area designated by the Municipality in which dogs
are not required to be on a leash;
"Municipal Clerk" means Clerk of the Municipality or a designate;
"Municipality" means The Corporation of the Municipality of Clarington or the
geographic area of Clarington, as the context requires;
"Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c.25;
"muzzle" means a humane device designed to fit over the mouth of a dog and fitted
to prevent it from biting, without interfering with its breathing, panting, vision or
ability to drink;
"Order to Comply" means an order issued in accordance with section 4.14;
"Order to Restrain" means an order issued in accordance with section 4.1;
"owner ", when used in relation to a pet, includes a person who keeps a pet and,
where such person is under the age of 16, the person responsible for the custody
of the person who is under the age of 16;
"permanent identification" means an electronic microchip encoded with identification
information that has been implanted in a pet;
"person" includes an individual, association, firm, partnership, corporation, trust,
organization, trustee, or agent, and their heirs, executors, or legal
representatives;
"pet" means a cat or a dog;
"pit bull" has the same meaning as in section 1 of DOLA;
"property" means one or more habitable rooms designed or intended to be used
together as a single and separate housekeeping unit by one or more persons
containing its own kitchen and sanitary facilities with a private entrance from
outside the unit itself, and includes any land associated with such rooms and
facilities;
Responsible Pet Owners By -Law Page 13
"restricted pit bull" means a dog identified as such in section 7 of DOLA;
"Shelter" means the Clarington Animal Shelter;
"special needs dog" means a guide dog as defined in section 1 of the Blind
Persons' Rights Act, R.S.O. 1990, c. B.7 or a specially trained and certified dog
whose purpose is to assist a disabled person with his or her daily activities;
"under a person's control" means on a leash held by a person over the age of 16
years or otherwise physically restrained in such a manner as to prevent the pet
from biting or attacking a person or pet and to prevent contact with people and
other animals; and
"Zoning By -law" means a by -law passed by the Municipality pursuant to section
34 of the Planning Act, R.S.O. 1990, c. P.13 and includes Zoning By -law 84 -63
and Oak Ridges Moraine Zoning By -law 2005 -109.
References
1.2 In this by -law, reference to any Act or By -Law is reference to that Act or By -Law
as it is amended or re- enacted from time to time.
1.3 Unless otherwise specified, references in this by -law to sections and subsections
are references to sections and subsections in this by -law.
Word Usage
1.4 This by -law shall be read with all changes in gender or number as the context
requires.
1.5 A grammatical variation of a word or expression defined has a corresponding
meaning.
Application
1.6 This by -law applies to all pets being kept in the Municipality unless otherwise
specified.
1.7 This By -law shall not apply to pets kept at,
(a) Bowmanville Zoo, the Orono Cat World, and any other facility accredited
by the Canadian Association of Zoological Parks and Aquaria;
(b) any facility being run by the Ontario Society for the Prevention of Cruelty to
Animals;
(c) a veterinary hospital under the care of a licensed veterinarian;
Responsible Pet Owners By -Law P a g e 14
(d) any television or film studio temporarily for the purpose of a television or
film production;
(e) pet shops; or
(f) any premises under the authority or control of a law enforcement agency.
Schedule
1.8 Schedule "A" (Fees) is attached to and forms part of this by -law.
Severability
1.9 Each section of this by -law is an independent section, and the holding of any
section or part of any section of this by -law to be void or ineffective for any
reason shall not be deemed to affect the validity of any other sections of this by-
law.
Conflict
1.10 Nothing in this by -law is intended to derogate from any of the powers a
poundkeeper under the Pounds Act, R.S.O. 1990, c. P.17.
PART 2 - LICENSING
2.1 Every owner of a pet that is over the age of 12 weeks shall obtain a licence for the
pet from the Municipality and pay a licence fee set out in Schedule "A ".
2.2 Every person who becomes a pet owner at any time during the calendar year shall
obtain a licence for the pet within 14 days of becoming its owner.
2.3 Every owner of a special needs dog shall license such dog but shall not be
required to pay any licence fee.
2.4 Where a pet owner is a non - resident of the Municipality and his or her pet will not
be kept in the Municipality longer than 30 days in any 1 calendar year, such owner
shall not be required to license its pet if the Municipality is provided with proof of
current registration of the pet from the municipality in which the owner's property is
located.
2.5 Every licence, other than a lifetime licence, shall expire on December 31 of the
calendar year for which it was issued.
2.6 To obtain a licence, a pet owner shall provide,
(a) his or her name, address, home and business telephone number;
(b) the pet's breed, unique markings and name, and
Responsible Pet Owners By -Law Page 1 5
(c) such other information as the Municipal Clerk may require.
2.7 A record shall be kept by the Municipality of all information provided as well as the
licence number and the date on which the licence was issued.
2.8 An identification tag shall be issued for every licensed pet that shows the pet's
licence number and the period for which the licence has been issued.
2.9 A pet owner shall ensure that the identification tag issued by the Municipality is kept
securely affixed to its pet at all times.
2.10 No person shall affix or permit to be affixed an identification tag issued by the
Municipality to any pet other than the pet for which the licence was issued.
2.11 The Municipal Clerk may refuse to issue a licence to any person.
2.12 Every owner shall notify the Municipality in writing if its pet is sold, gifted or
otherwise transferred to another person within 14 days of the change of
ownership.
PART 3 — REGULATIONS
Minimum Care Requirements
3.1 Every pet owner shall provide the pet or cause it to be provided with adequate and
appropriate food and water, medical attention, resting and sleeping area, space to
move, sanitary conditions, ventilation, light and protection from the elements
including harmful temperatures.
3.2 In addition to the requirements of section 3.1, where a dog primarily lives outdoors,
its owner shall,
(a) provide a structurally sound, weatherproof, insulated enclosure, of a size
and design appropriate for the dog, with off- the - ground flooring;
(b) ensure that any chain, rope or similar restraining device used to tether the
dog is at least 3 metres long, allows the dog to move safely and unrestricted
(except by length) and allows the dog to have access to appropriate water
and shelter; and
(c) ensure that the dog is kept on the owner's property.
3.3 Section 3.2 shall not apply to a dog that is relied on as part of animal husbandry.
3.4 Every owner of an unaltered female pet shall keep it confined in a manner that will
not attract other animals during each period that the pet is in heat.
Responsible Pet Owners By -Law
Pets At Large
Pau€ 16
3.5 No pet owner shall permit the pet to be at large anywhere in the Municipality other
than in a Leash Free Area.
3.6 No pet owner shall permit the pet, whether leashed or unleashed, to enter onto
private property without the consent of the owner or occupant of the property.
3.7 While in any park, no pet owner shall permit the pet, even if it is on a leash, to enter
any beach, pond, swimming area, farm area, garden, landscaped area, playground
or sports area.
3.8 No dog owner shall allow its dog to bite a person or another domestic animal.
Leash Free Areas
3.9 No person shall bring into a Leash Free Area,
(a) a female dog in heat;
(b) a dog without up -to -date vaccinations;
(c) a dog wearing a spike, chain or pinch collar;
(d) any animal other than a dog;
(e) an unaltered male dog;
(f) a restricted pit bull; or
(g) a dog that must be muzzled or leashed in accordance with an Order to
Restrain, an order issued by any other municipality or a court order under
DOLA.
3.10 Every person who brings a dog into a Leash Free Area shall,
(a) be least 16 years of age and capable of controlling the dog;
(b) ensure that the dog is adhering to verbal commands to prevent it from
lunging, attacking, biting or interfering with any person or another dog;
(c) ensure that the dog is within sight at all times;
(d) immediately leash and remove the dog from the Leash Free Area if it creates
a nuisance or shows aggressive behaviour towards any person or other dog;
Responsible Pet Owners By -Law
,age 17
(e) immediately leash and remove the dog from the Leash Free Area at the
request of an Animal Services Officer, if, in the opinion of the Animal
Services Officer, the dog is showing signs of aggressive behaviour towards
any person or other dog, is creating a nuisance, or is otherwise causing a
breach of any provision of this by -law;
(f) keep the dog on leash until it is inside the double gate;
(g) put the dog on leash before exiting the double gate;
(h) carry a suitable leash at all times for the dog; and
(i) not leave the dog unattended.
3.11 No person shall bring more than 3 dogs into a Leash Free Area.
3.12 Children under 6 years of age are prohibited from entering a Leash Free Area.
3.13 Children between 6 and 12 years of age must be supervised by an adult attendant
while in a Leash Free Area.
3.14 No person shall bring in to or possess while in a Leash Free Area,
(a) any bottles, containers or any other articles equipment, or utensils, made of
glass, china, ceramic or other breakable substance capable of causing
injury to a dog; or
(b) any food, including human or canine variety.
3.15 No person shall conduct classes or professional training within a Leash Free Area.
3.16 Every person who brings a dog into a Leash Free Area shall be responsible for its
behaviour and any injuries or damage that it may cause.
Number of Pets Allowed
3.17 No person shall keep more than 3 unaltered cats on a property.
3.18 Notwithstanding section 3.17, a person shall be allowed to keep up to 5 cats on a
property if they have all been altered and permanently identified.
3.19 Sections 3.17 and 3.18 shall not apply to property in an Agricultural Zone.
3.20 (1) No person shall keep more than 3 dogs on a property without a permit
(2) Generally, a permit to keep more than 3 dogs on a property shall only be
approved by the Municipal Clerk if a person moves from a property outside of the
Municipality and the dogs were permitted in the municipality from which the
Responsible Pet Owners By -Law P a g o 18
person relocated, or two families merge and collectively they own more than 3
dogs.
3.21 Section 3.20 shall not apply to any owner who keeps on property in an
Agricultural Zone,
(a) more than 3 dogs if on the date that this by -law was passed the dogs were
licensed with the Municipality;
(b) sled dogs provided the sled dog owner provides proof acceptable to the
Municipal Clerk of active participation or registration of the dogs in dog
sled or similar races within the previous or impending 12 months;
(c) hunting dogs provided the hunting dog owner provides proof of,
(i) active membership in the Canadian Kennel club for registered
hunting dogs;
(ii) active membership in an association for the purpose of hunting dogs
training or trailing;
(iii) a hunting dog licence issued by the Ministry of Natural Resources
within the previous 12 months; or
(iv) other proof acceptable by the Municipal Clerk of hunting activities in
the previous or impending 12 month.
(d) farming dogs provided the farming dog owner provides proof acceptable to
the Municipal Clerk that the dogs are required as part of animal
husbandry; or
(e) show dogs provided the show dog owner provides proof acceptable to the
Municipal Clerk of,
(i) active membership in the Canadian Kennel Club or any other
association incorporated under the animal Pedigree (Canada); or
(ii) participation in the previous or impending 12 month period in an
approved dog show if it is an event, whether held in Ontario or
elsewhere, that is sanctioned, in writing, by the Canadian Kennel
Club, the United Kennel Club, the American Kennel Club, or the
American Dog Breeders Association.
Stoop and Scoop
3.22 Every pet owner shall immediately remove and dispose of, in a hygienic manner, all
excrement left by the pet on any property, other than the owner's property.
Responsible Pet Owners By -Law P a q e 19
3.23 Section 3.22 does not apply to,
(a) an owner of a special needs dog, where the owner is unable to remove the
excrement due to a physical disability or impediment; or
(b) a blind or visually impaired owner of a special needs dog if the excrement
was left while the special needs dog was on property other than the owner's
property.
3.24 Every dog owner shall remove from his or her property, in a timely manner,
excrement left by the dog, so as not to disturb the comfort of any person in the
vicinity of the owner's property.
Pit Bulls
3.25 Every restricted pit bull owner shall ensure that the restricted pit bull is equipped
with a muzzle and secured by a leash when it is not in a pen or other enclosure
such that prevents it from leaving the owner's property or the property of a person
who has consented to the restricted pit bull being off leash or off muzzle.
3.26 Where a restricted pit bull is required to be secured by a leash, its owner shall
ensure that,
(a) it is properly fitted with a collar or harness;
(b) its movement is controlled by means of a leash attached to the collar or
harness;
(c) the leash is not more than 1.8 metres in length; and
(d) the collar or harness, the leash and the attachment between the Leash and
the collar or harness are all strong enough to prevent the restricted pit bull
from breaking any of them.
3.27 All restricted pit bulls brought into the Municipality for the purpose of a "dog show"
as defined in O. Reg. 157/05, must comply with all requirements of that Regulation.
PART 4 — ENFORCEMENT
Orders to Restrain
4.1 Where an Animal Services Officer has investigated and is satisfied that a dog has,
(a) behaved in a manner that poses a menace to the safety of persons or
domestic animals;
(b) bitten or attacked a person or domestic animal; or
Responsible Pet Owners By -Law Page 110
(c) on more than one occasion, allowed his or her dog to be at large;
the Animal Services Officer may issue an Order to Restrain.
4.2 An Order to Restrain may require the dog's owner to take whatever action an
Animal Services Officer feels is necessary in order to ensure more effective control
of the dog, public safety or compliance with this by -law, and the date by which the
action must be carried out.
4.3 Without limiting the generality of section 4.2, an Order to Restrain may require a
dog owner to,
(a) licence the dog with the Municipality within 7 days of receipt of the Order
to Restrain;
(b) have the dog permanently identified, at the Owner's expense, within 21
days of receipt of the Order to Restrain;
(c) provide proof that the dog has been permanently identified within 30 days
of receipt of the Order to Restrain;
(d) ensure that the dog successfully completes obedience training course;
(e) alter the dog;
(f) refrain from taking the dog to a Leash Free Area;
(g) confine the dog within an enclosure or within its owner's property;
(h) restrain the dog by means of a muzzle; and /or
(i) post warning signs on the owner's property to give notice of the existence
of the dog.
4.4 An Order to Restrain shall be served upon the dog's owner by,
(a) delivering it personally to the owner;
(b) leaving it for the owner at the owner's last known or usual place of abode
with an inhabitant thereof who appears to be at least 16 years of age; or
(c) sending it by registered mail to the owner's last known address.
4.5 Service of an Order to Restrain shall be effective on the day that it is personally
served or left at the owner's last known or usual place of abode, or 5 days after
mailing, as the case may be.
4.6 A dog owner who has been served with an Order to Restrain may for a hearing to
determine whether the Order to Restrain should be revoked or amended.
Responsible Pet Owners By -Law Page 111
4.7 To receive a hearing, the dog owner or the dog owner's agent must make a written
request for a hearing with the Municipal Clerk within 10 business days of the date
that the Order to Restrain was served upon the owner.
4.8 As soon as practicable after receipt of the appeal, the Municipal Clerk shall notify
the dog owner and any other persons having an interest in the incident that lead to
the issuance of the Order to Restrain of the date, time and location of the hearing.
4.9 In the interim between the date that an Order to Restrain is served and the date of
the hearing of the appeal, the owner shall comply with any restraint or confinement
requirements specified in the Order to Restrain.
4.10 Following a hearing, the Municipality's Manager of Municipal Law Enforcement or a
designate shall determine whether to exempt the owner in whole or in part from the
requirements of the Order to Restrain.
4.11 If an owner fails to appear at such hearing, the Order to Restrain shall be deemed
to be in full force and effect as if no appeal had been filed.
4.12 Every owner of a dog that is subject to an Order to Restrain shall immediately notify
the Municipality if the dog is sold, gifted or otherwise transferred to another
person or if the owner moves from his or her property.
4.13 Any dog owner who contravenes an Order to Restrain is guilty of an offence.
Orders to Comply
4.14 Where an Animal Services Officer has investigated and is satisfied that a
contravention of this by -law has occurred, the Animal Services Officer may make
an order requiring the person who contravened this by -law or who caused or
permitted the contravention or the owner of the property on which the contravention
occurred to do work to correct the contravention.
4.15 An Order to Comply shall set out,
(a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the property on which the contravention
occurred; and
(b) the work to be done and the date by which the work must be done.
4.16 Sections 4.4 and 4.5 respecting service of an Order to Restrain shall apply with
necessary modifications to an Order to Comply.
4.17 In default of any work specified in an Order to Comply being done by the person
directed or required to do it, the Municipality may,
Responsible Pet Owners By -Law P a g e 112
(a) enter upon land at any reasonable time to have the matter or thing done
at the person's expense; and
(b) recover the costs of doing the matter or thing from the person directed or
required to do it by action or by adding the costs to the tax roll and
collecting them in the same manner as property taxes.
4.18 Any person who contravenes an Order to Comply is guilty of an offence.
Seizure and Impoundment
4.19 (1) In this section, "Officer" means an Animal Services Officer or a Durham
Regional Police Services officer.
(2) An Officer may seize and impound any pet found at large or delivered to
the Officer by a person who found the pet at large.
(3) An Officer may seize and impound a dog in a public place if the officer
believes on reasonable grounds that,
(a) the dog has on one or more occasions bitten or attacked a person
or domestic animal;
(b) the dog has on one or more occasions behaved in a manner that
poses a menace to the safety of persons or domestic animals;
(c) an owner of the dog has on one or more occasions failed to
exercise reasonable precautions to prevent the dog from,
(i) biting or attacking a person or domestic animal; or
(ii) behaving in a manner that poses a menace to the safety of
persons or domestic animals;
(d) the dog is a restricted pit bull and the owner of the dog has on one
or more occasions failed to comply with one or more of the
requirements of this by -law respecting restricted pit bulls;
(e) the dog is a pit bull other than a restricted pit bull; or
(f) there is reason to believe that the dog may cause harm to a person
or domestic animal.
4.20 (1) Subject to subsections (2) and (3), an Animal Services Officer may restore
possession of an impounded pet to a person claiming to be the owner of the pet
only where such person pays to the Municipality all applicable fees set out in
Schedule "A" (impound fees, daily care fees and any outstanding licence fee) and
any other costs incurred by the Municipality for the housing and caring for the
Responsible Pet Owners By -Law P a g e 113
Animal, including the cost of any of veterinary care that a Animal Services Officer
deemed necessary.
(2) If the owner of an impounded pet provides sufficient proof of his or her
residency in another municipality, such owner shall be exempt from paying the
licence fee.
(3) No person shall regain possession of a restricted pit bull without first
providing proof that it complies with all requirements under DOLA. Where proof
cannot be provided, the pit bull shall be disposed of in accordance with the
requirements of DOLA.
4.21 (1) In this section, "redemption period" means 5 days from the day that a pet is
impounded (not including the day of impounding or any day that the Shelter is
closed).
(2) When a pet has been impounded it shall remain impounded for the
duration of the redemption period unless it is claimed in accordance with section
4.19.
(3) If an impounded pet is not claimed on or before the last day of 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, c. A.22, destroy, sell
or make a gift of the pet and no compensation shall be recoverable on account of
the pet's disposition or destruction.
4.22 Nothing in this by -law shall prevent an Animal Services Officer from euthanizing a
pet that is suffering illness or injury and, in the Animal Services Officer's opinion,
will not humanely sustain life, and no compensation shall be recoverable on
account of the pet's destruction.
4.23 Where the Animal Services Officer
Animal Services Officer shall first
circumstances to contact its owner.
deems it necessary to destroy a pet, the
make every reasonable attempt in the
4.24 Any pets euthanized or destroyed under this by -law shall be disposed of in such
a manner as the Municipality determines to be appropriate.
4.25 The Municipality shall keep a record of all pets seized and impounded pursuant
to this by -law.
Inspections
4.26 An Animal Services Officer may, at any reasonable time, enter upon any property
(other than a room or place actually being used as a dwelling) for the purpose of
carrying out an inspection to determine whether or not the provisions of this by-
law have been complied with or whether an order issued under this by -law has
been complied with.
Responsible Pet Owners By -Law Page 114
4.27 No person shall prevent hinder or interfere or attempt to prevent hinder or
interfere with an inspection undertaken by an Animal Services Officer.
Offences and Penalties
4.28 Every person who contravenes any provision of this by -law is guilty of an offence
and upon conviction is liable to a fine pursuant to the provisions of the Provincial
Offences Act, R.S.O. 1990, c. P.33.
PART 5 — SURRENDERS and ADOPTIONS
Surrender
5.1 The Municipality may accept the transfer of ownership of a pet from its owner if,
(a) the Owner's written request is accompanied by payment of the surrender
fee set out in Schedule "A ";
(b) an Animal Services Officer determines that the pet can reasonably be
expected to be placed in a new home;
(c) the owner supplies all information requested by the Municipality; and
(d) space is available in the Shelter.
Adoption
5.2 A person may adopt a pet from the Municipality upon demonstrating to the
satisfaction of an Animal Services Officer that he or she is capable of providing
proper care to the pet and otherwise meeting the requirements of this by -law.
5.3 A person adopting a pet from the Municipality shall pay the adoption fee and
licence fee set out in Schedule "A ".
5.4 Notwithstanding section 5.3, where a pet that this suitable for adoption has been
kept in the Shelter for an extended period of time or when otherwise deemed
appropriate, the Municipal Clerk may reduce or waive the adoption fee.
PART 6 - GENERAL
Short Title
6.1 The short title of this by -law shall be the "Responsible Pet Owners By -law ".
Responsible Pet Owners By -Law
Repeal
Page 115
6.2 By -law No. 2006 -227, as amended by By -law Nos. 2007 -208, 2008 -035, 2008-
067, 2008 -216, 2011 -057, 2011 -062 and 2011 -122, is repealed.
6.3 Notwithstanding section 6.2, all licences issued under By -law No. 2006 -227, as
amended, shall remain in effect until they would have otherwise expired.
Effective Date
6.4 This by -law shall be effective on the date that it is passed.
By -law passed this day of November, 2012.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
Responsible Pet Owners By-Law Page 116
SCHEDULE "A" - FEES
Adoptions Fee
dogs (all dogs are microchipped prior $95.00
to adoption)
cats (all cats are microchipped and $130.00
altered prior to adoption unless it is
too young or too small at time
adoption, in which case the Owner is
offered a rebate upon proof of
altering.)
Licences-' Fee
1. dog or cat- microchipped & $15.00
spayed or neutered
2. dog or cat— spayed or neutered $25.00
or microchipped
3. dog - unaltered $40.00
4. cat— unaltered $40.00
5. dog or cat— lifetime (must be $80.00
altered & microchipped)
6. dog or cat—Agricultural Rate $100.00
(Rate offered where there are
more than 3 dogs or 3 cats and
where owner provides proof
current rabies vaccination for
each, and proof of zoning.)
This is an annual licence and no
discounts shall apply.
NOTE: There is a 10% discount for licences purchased
before January 1St of the licensing year.
Impoundment Administration I Fee
Impoundment of dog/cat wearing current licence or
who is microchipped
1. First occurrence Free
(if returned/picked up within 24
hours)
Otherwise $50.00
2. Second or subsequent $75.00
occurrence
3. Daily care fee $15.00/day
(every dog impounded is subject
to an additional charge for every
day or part of a day after the
day the pet is brought into
impoundment.)
Responsible Pet Owners By -Law Page 117
Impoundment of dog /cat NOT wearing current
licence or NOT microchi ed
1.
First occurrence
$50.00
2.
Second or subsequent
$75.00
$65.00
occurrence
Transfer of ownership of a cat or dog,
picked up by the Animal Services Officer,
outside regular business hours.
3.
Daily care fee
$15.00 /day
Fee
(Every dog impounded is
Deposit — fully refundable on return of trap
$45.00
subject to an additional charge
Daily rental
$5.00 / day
for every day or part of a day
Permit to Keep More Dogs Than Prescribed
Limit
Fee
after the day the pet is brought
Initial Application Fee
$75.00
into impoundment.)
Annual Renewal
4.
In addition to the fees detailed
Varies, in
above, every Owner of a dog
accordance
not licensed for the current year
with
who is a resident of the
Clarington's
Municipality is also required to
licensing fees
pay the licence fees in addition
to the impoundment fees
Surrenders
Fee
*The Municipality can only accept surrendered pets if they can
reasonably be expected to be placed in a new home. Pets will not
be accepted for euthanasia. Pets are screened carefully to avoid
placing problem pets in new homes
1.
Transfer of ownership of a cat or dog or
litter, brought into the Animal Shelter
$55.00
2.
Transfer of ownership of a cat or dog,
picked up by the Animal Services Officers,
during normal working hours (excluding
Sunday and Holidays)
$65.00
3.
Transfer of ownership of a cat or dog,
picked up by the Animal Services Officer,
outside regular business hours.
$90.00
Trap Rental Fees
Fee
1.
Deposit — fully refundable on return of trap
$45.00
1.
Daily rental
$5.00 / day
Permit to Keep More Dogs Than Prescribed
Limit
Fee
1.
Initial Application Fee
$75.00
1.
Annual Renewal
$45.00
ATTACHMENT # TO
REPORT # ` M° _
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW 2013 -XXX
Being a by -law to license kennels
WHEREAS Section 11 of the Municipal Act, 2001 confers the power to pass by -laws
respecting animals to lower -tier municipalities;
WHEREAS under Subsection 8(3) of the Municipal Act, 2001, a by -law respecting a
matter may (a) regulate or prohibit the matter; (b) require persons to do things respecting
the matter; and (c) provide for a system of licences respecting the matter;
WHEREAS under Sections 150 and 151 of the Municipal Act, 2001, a municipality may
provide for a system of licences with respect to any business wholly or partly carried on
within the municipality, including the sale or hire of goods or services on an intermittent or
or one -time basis; and
WHEREAS the Municipality promotes the humane treatment of animals and responsible
pet ownership.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
PART 1 - INTERPRETATION
Definitions
1.1 In this by -law,
"Animal Services Officer" means a Municipal Law Enforcement Officer whose
duties include the enforcement of this by -law;
"applicant" means a person seeking a licence or renewal of a licence;
"boarding" means the taking in of dogs for a temporary period of time for financial
gain;
"breeding" means the production of offspring for financial gain;
"dog" means a domesticated carnivore of the species canis lupus;
"enclosure" means a cage or other container used for the keeping of any dog;
"keep" means to temporarily or permanently harbour or have custody of;
"kennel" means a building or structure within which four or more dogs are being
bred or boarded for profit and includes any associated land;
Kennel By -Law Page 1 2
"licence" means a licence issued by the Municipal Clerk to operate a kennel in
accordance with this by -law;
"licensee" means a person to whom a licence has been issued in accordance
with this by -law;
"Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c.25;
"Municipal Clerk" means Clerk of the Municipality or a designate;
"Municipality" means The Corporation of the Municipality of Clarington or the
geographic area of Clarington, as the context requires;
"person" includes an individual, association, firm, partnership, corporation, trust,
organization, trustee or agent, and their heirs, executors or legal representatives;
and
"Zoning By -law" means a by -law passed by the Municipality pursuant to section
34 of the Planning Act, R.S.O. 1990, c. P.13 and includes Zoning By -law 84 -63
and Oak Ridges Moraine Zoning By -law 2005 -109.
References
1.2 In this by -law, reference to any Act or By -law is reference to that Act or By -law as
it is amended or re- enacted from time to time.
1.3 Unless otherwise specified, references in this by -law to Parts and sections are
references to Parts and sections in this by -law.
Word Usage
1.4 This by -law shall be read with all changes in gender or number as the context
requires.
1.5 In this by -law, a grammatical variation of a word or expression defined has a
corresponding meaning.
Application
1.6 This by -law applies to all kennels in the Municipality unless otherwise specified.
1.7 This by -law shall not apply to,
(a) Bowmanville Zoo, the Orono Cat World, and any other facility accredited
by the Canadian Association of Zoological Parks and Aquaria;
(b) any facility being run by the Ontario Society for the Prevention of Cruelty to
Animals;
Kennel By -Law P a a e 13
(c) a veterinary hospital under the care of a licensed veterinarian;
(d) a publicly funded educational institute;
(e) pet shops; or
(f) any premises under the authority or control of a law enforcement agency.
Severability
1.8 Each section of this by -law is an independent section, and the holding of any
section or part of any section of this by -law to be void or ineffective for any
reason shall not be deemed to affect the validity of any other sections of this by-
law.
PART 2 - LICENSING
Requirement
2.1 No person shall operate a kennel without a licence.
Applications
2.2 Every licence application shall be completed and submitted on forms prescribed by
the Municipal Clerk.
2.3 Every licence application to operate a kennel shall include,
(a) a fee of $200.00 for the initial application or $150.00 for any renewal
application;
(b) written proof, satisfactory to the Municipal Clerk, that the applicant is the
owner of the property on which the proposed kennel is to be located;
(c) a sworn declaration by the applicant stating that the applicant has never
been convicted of a crime under the Criminal Code of Canada pertaining to
animal cruelty or a similar offence in another country;
(d) where the primary purpose of the kennel is breeding, proof of active
membership in the Canadian Kennel Club or any other association
incorporated under the Animal Pedigree (Canada); and
(e) a site location drawing, drawn to scale, showing,
(i) the location of all buildings or structures on the applicant's property,
including the location of all buildings or structures to be used in
connection with the kennel; and
Kennel By -Law Fl n g o 14
(ii) the distance between the proposed kennel and all property lines, all
buildings on the applicant's property and any residential buildings on
the adjacent properties.
Issuance
2.4 The Municipal Clerk may approve or refuse any licence application, and may
impose any conditions upon an approval as she determines appropriate.
2.5 In addition to the requirements set out in Parts 3 and 4, every licence is issued shall
be subject to the condition that all federal, provincial and municipal laws, by -laws,
rules, regulations, orders, approvals, permits, standards, and all other
governmental requirements applicable to the operation of a kennel are complied
with.
2.6 The Municipal Clerk shall not issue a licence unless the Municipality's Planning
Services Department has confirmed that the kennel is a permitted land use under
the applicable Zoning By -law.
2.7 Every licence shall be posted in a conspicuous place within the licensed kennel.
2.8 A licensee shall comply with all licence conditions.
Disqualifications
2.9 The Municipal Clerk shall refuse to issue or renew a licence where,
(a) the applicant is not the owner of the property on which the kennel is
proposed to be located;
(b) the applicant is not at least 18 years of age;
(c) the application is incomplete;
(d) the prescribed licence fee has not been paid;
(e) the applicant has submitted false information in support of the application;
(f) the issuance of the licence would contravene any of the provisions of this by-
law;
(g) the applicant has been convicted of a crime against animals; or
(h) the Animal Services Officer, by way of inspection, has determined that the
kennel is not in compliance with this by -law.
Kennel By -Law
Exemptions
i age 15
2.10 A licensee shall be exempt from the licensing requirements under the Responsible
Pet Owners By -law for any boarded dogs or breeding dogs.
2.11 No licence shall be required where three or fewer dogs are being boarded.
2.12 Notwithstanding section 2.11, every person boarding dogs in a place other than a
licensed kennel shall comply with all of the requirements of Part 3 of the
Responsible Pet Owners By -law.
Transfer
2.13 Licences are not transferrable.
Term
2.14 Licences are valid from the date of issuance and expire on May 31st of each year,
unless revoked or suspended.
PART 3 — OPERATING REQUIREMENTS
Standards
3.1 Every licensee shall ensure the indoor portions of the kennel meet the following
standards:
(a) Floors shall be of smooth concrete finish, or similar like material, and shall be
adequately sloped to drains.
(b) Walls shall be non - porous, watertight and easily cleaned and sanitized, and
inside surfaces shall be smooth, durable and impervious to facilitate
cleaning.
(c) Roof coverings, fastened to sheathing or directly to the roof joists, shall be
laid so as to prevent the entrance of rodents and vermin into the kennel, and
covered with suitable materials in order to eliminate leakage and exposure of
the dogs to adverse weather conditions.
(d) Ceilings and walls shall abut closely to prevent crevices which can lead to
rodent infestation.
(e) Corners of ceilings, walls and partitions shall be caulked and painted so as to
be completely washable.
(f) Proper air circulation shall be provided to prevent respiratory disease and to
avoid the spread of contaminants, viruses, bacteria and moulds.
Kennel By -Law
Page 16
(g) The temperature for an indoor facility shall be maintained at a minimum of
10 °C with a maximum of 27 °C where temperatures are suitable to the breed,
coat length, age and condition of the dogs being kept in the kennel.
3.2 Every licensee shall ensure that the kennel has outside exercise facilities that,
(a) are fenced and maintained to keep the dogs securely enclosed;
(b) are large enough for dogs to break into a trot;
(c) have a running surface that is safe, non - slippery, and free from debris that
could cause injury or damage to the dog; and
(d) are maintained in a sanitary manner.
Enclosures
3.3 Every licensee shall keep boarded dogs in individual enclosures.
3.4 Section 3.3 does not apply to dogs less than 6 months of age with or without the
bitch, or in instances where the dogs' owner expressly requests that their dogs be
housed with together, provided it would not be inhumane to do so.
3.5 Every licensee shall ensure an enclosure is large enough to permit the enclosed
dog to,
(a) stand normally to its full height;
(b) turn around easily;
(c) move about easily for the purpose of posture adjustments;
(d) lie down in a fully extended position; and
(e) make species- appropriate contact.
3.6 Every licensee shall ensure an enclosure for bitches with nursing puppies has an
additional 10% space per nursing puppy.
3.7 Where the floor of an enclosure is on grade, every licensee shall ensure that
suitable bedding is provided in the form of a raised wood, fibreglass or similar
platform, large enough for the dog to lie on.
3.8 Every licensee shall maintain the kennel in a clean and sanitary condition at all
times, and in particular shall ensure that all excrement, refuse and other
objectionable material is removed from the cages and kennel area at least twice in
every 24 hour period including weekends and from the premises once per week in
an acceptable manner.
Kennel By -Law P a g e 17
3.9 The dogs shall be removed from the cages and kennel area while the area is being
cleaned.
Care of Dogs
3.10 Every licensee shall ensure that all dogs are provided with an adequate source of
clean, fresh drinking water available to them at all times, and adequate, nutritional
and contaminant -free food capable of maintaining the dog in full health and vigour
is provided.
3.11 Every licensee shall keep food storage bins covered, vermin proof and properly
marked.
3.12 Every licensee shall keep food dishes and utensils stored in a clean and protected
area.
3.13 Every license shall ensure the whelping area is separated from the individual and /or
group kennel enclosures housing other kennel dogs, thereby providing the
whelping bitch privacy.
3.14 Every licensee shall have an established rapport with a local veterinary hospital to
deal with emergencies that may arise from time to time.
3.15 Every licensee shall ensure each dog shall be placed in the exercise facility at least
twice in every 24 -hour period for not less than 30 minutes each period, or other
reasonable duration appropriate to the weather conditions.
3.16 No licensee shall place any dog in an outside exercise facility in inclement weather.
PART 4 — MANAGEMENT AND RECORDS
4.1 Every licensee shall provide adequate, regular supervision and efficient
knowledgeable health care controls to ensure no harm comes through the
association with incompatible dogs, sick dogs or other adversarial animals or
vermin.
4.2 Every licensee shall maintain written dog care procedures which shall include the
method of handling kennel sickness, injury or death, back -up transportation, and a
list appropriate phone numbers for the Clarington Animal Services, humane society,
and the veterinarian.
4.3 The procedures required by section 4.2 shall be readily available to all kennel
personnel at all times.
4.4 Every licensee shall record the following information pertaining to all dogs boarded
at the kennel:
Kennel By -Law
Page 18
(a) names, addresses, and contact numbers of the dogs' owners;
(b) emergency contact numbers for the owners;
(c) name, tattoo or microchip number, breed, description, and daily health
records stating any special medical needs;
(d) any behaviour incidents; and
(e) dates of arrival and departure.
4.5 Every licensee shall record the following information pertaining to dogs bred and
offspring of the breeding at the kennel:
(a) breed, sex, and date of birth;
(b) sire and dam;
(c) tattoo or microchip number; and
(d) colour and markings.
4.6 Every licensee shall, by the time the litter is weaned, create individual records for
each puppy which shall include,
(a) the information referred to in section 4.5;
(b) medications;
(c) vaccinations; and
(d) examinations and results pertaining to internal and external parasites.
4.7 Every licensee shall ensure the records are available for inspection by the
Municipality during business hours.
4.8 Every licensee shall retain the records for the period of six months following the end
of the term of the licence.
. .
5.1 No person shall board a pit bull as defined in the Dog Owners' Liability Act, R.S.O.
1990, c. D.16.
Kennel By -Law
Breeding
Pa a o 19
5.2 No licensee who is breeding dogs shall permit more than one litter per dog in a 12
month period.
5.3 No person shall breed any dog that is under the age of one year.
5.4 No person shall breed any dogs except in a licensed kennel.
PART 6 — ENFORCEMENT
Inspections
6.1 An Animal Services Officer may, at any reasonable time, enter upon any property
(other than a dwelling unit) for the purpose of carrying out an inspection to
determine whether or not the provisions of this by -law have been complied with
or whether an order issued under this by -law has been complied with.
6.2 No person shall prevent hinder or interfere or attempt to prevent hinder or
interfere with an inspection undertaken by an Animal Services Officer.
Suspension of Licence
6.3 The Municipal Clerk may suspend a licence if the licensee fails to comply with
any provision of this by -law and such non - compliance is not remedied within 7
days, or other time period as deemed appropriate by the Municipal Clerk,
following notice from the Municipality specifying the particulars of the non-
compliance.
Revocation of Licence
6.4 The Municipal Clerk may revoke a licence if,
(a) it was been issued in error;
(b) it was suspended in accordance with section 6.3 and no satisfactory
evidence of compliance has been filed with the Municipality within 60 days
from the date of suspension;
(c) it was issued as a result of false, mistaken, incorrect, or misleading
statements, information or undertakings on the application or on any
submitted documents that formed the basis of issuance;
(d) the licensee has been convicted of a crime against animals; or
(e) upon the request of the licensee.
Kennel By -Law
Offences and Penalties
Page (10
6.5 Every person who contravenes any provision of this by -law is guilty of an offence
and upon conviction is liable to a fine pursuant to the provisions of the Provincial
Offences Act, R.S.O. 1990, c. P.33.
PART 7- GENERAL
Short Title
7.1 The short title of this by -law shall be the "Kennel By -law ".
Repeal
7.2 By -law No. 2006 -228 is repealed.
7.3 Notwithstanding section 7.2, all licences issued under By -law No. 2006 -228 shall
remain in effect until they would have otherwise expired.
Effective Date
7.4 This by -law shall be effective on the date that it is passed.
By -law passed this day of January, 2013.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk