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HomeMy WebLinkAbout2013-025 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2013-025 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; "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 Kennel By-Law Page 12 "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; (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; Kennel By-Law Page 13 (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 (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 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 Page 14 Exemptions 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. (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. Kennel By-Law Page 5 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 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. 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 licensee 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. Kennel By-Law Page 16 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 of 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: (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. PART 5— PROHIBITIONS Boarding 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 Page 1 7 Breeding 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. Offences and Penalties 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. Kennel By-Law Page ( 8 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 25th day of March, 2013. Willie W , eputy Mayor P Pat i arri , unicipal Clerk