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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 This By -law repealed By -law 99 -90, as amended, and the primary changes were in response to the restricted breed requirements which were enacted under the Dog Owners Liability Act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