| Timmins Legislation | |
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| Timmins Legislation | |
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Office Consolidation
This consolidated version of By-law No. 1981-1671 as amended, is prepared for the purpose of convenience only and for accurate reference, recourse should be had to the original By-law, and all amending By-laws.
BEING A BY-LAW for the licensing, registration and regulation of dogs, and for the determination of the compensation to be allowed for impounding, distraining and detaining of dogs.
PURSUANT to the provisions of The Dog Licensing, Livestock and Poultry Protection Act, R.S.O. 1980, Chapter 123 as amended and to the provisions of Paragraph 2, Section 210 of the Municipal Act, R.S.O. 1980, Chapter 302.
PART 1 - DEFINITIONS
1. In this By-law:
(aa) "Animal" means a live, non-human vertebrate which includes dogs, cats, birds and reptiles(amended by by-law 84-2264)
(a) "Animal Control Officer" means a person appointed by Council pursuant to Section 68 of The Police Act to enforce the provisions of this By-law.
(b) "Dog" means a male or female of the domesticated canine species over the age of eight weeks.
(c) "Kennel" means any premises where pure-bred dogs are boarded, bred or trained for a fee and includes boarding of animals of any class thereof.
(dd) "Licence" means a licence under this By-law.(amended by by-law 84-2264)
(d) "Licence Agent" means a person designated by the Licence Issuer to issue licences.
(ee) "Pound" means premises that are used for the detention, maintenance or disposal of animals that have been impounded pursuant to this By-law.(amended by by-law 84-2264)
(e) "Owner" means any person, group of persons, partnership or corporation who possesses or harbours a dog; and "owns" and "owned" have a corresponding meaning.
(f) "Pure-bred" means:
i) registered or eligible for registration in the register of The Canadian Kennel Club, Incorporated, or
ii) of a class designated as pure-bred in the regulations made under The Dog Licensing and Livestock and Poultry Protection Act and all amendments made thereto from time to time.
(g) "Treasurer" means the Treasurer of The Corporation of the City of Timmins.
PART II - LICENCES
2.
(2) No person shall keep more than 4 domestic dogs on the premises of any single family dwelling unit,
(a) Where there is more than 1 dwelling unit on a parcel of land no person shall keep more than 2 dogs per dwelling unit.
(3) Where a person has more than the number of licensed domestic dogs permitted in a dwelling unit under Subsection (2) on December 31,1998, they shall be permitted to keep the same licensed dogs after the by-law comes into force and takes effect.
3.
(2) Notwithstanding Subsection 1 above, the License Issuer is hereby authorized to designate such Licence Agents as may be required from time to time to sell licences; provided, however, that a License Agent shall be entitled to a commission of Two Dollars ($2.00) for each licence sold.(amended by by-law 84-2264)
4.
5.
6.
(2) The licence fee to be paid to the License Issuer at the time of the issuance of the licence shall be as follows:
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License Fee as set out in by-law 1996-4592 |
Effective Jan. 1, 1998 |
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1st Neutered Dog (with certificate) |
$ 10.00 each |
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Each Additional Neutered Dog |
$ 10.00 each |
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1st Non-Neutered Dog |
$ 20.00 each |
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Each Additional Non-Neutered Dog |
$ 20.00 each |
7.
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Licence Fee as set out in by-law 1996-4592 |
Effective Jan. 1, 1998 |
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1st Neutered Dog (with certificate) |
$ 10.00 each |
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Each Additional Neutered Dog |
$ 10.00 each |
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1st Non-Neutered Dog |
$ 20.00 each |
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Each Additional Non-Neutered Dog |
$ 20.00 each |
8.
(2) If there is a change of ownership of a dog during the licence year, the license holder shall notify the License Issuer immediately of the change of ownership and the new owner shall pay Five Dollars ($5.00) licence transfer fee for this service.(by by-law 4592)
(3) Where a person who is the owner of a dog, becomes resident in the City of Timmins during a licence year and is in possession of a valid dog licence issued by another municipality, application shall be made to a License Issuer for a license pursuant to this By-law and a licence shall be issued upon the following conditions:
(b) surrender of the dog licence issued by the other municipality.
9.
(2) No owner shall use a tag on a dog other than for which it was issued unless it has been transferred as provided for in Subsection (2) of Section 8.
10.
ii) the competent person in control of the pure-bred dog off the premises of the owner shall have in his possession the dog tag, and
iii) the dog tag shall be produced upon request of an Animal Control Officer, Municipal Law Enforcement Officer or a Peace Officer.
(2) Owners of pure-bred dogs or Clubs recognized by the Canadian Kennel Club may sponsor shows, field trials and competitions for pure-bred dogs provided that such shows, field trials and competitions are conducted in accordance with the Canadian Kennel Club rules and regulations.
PART IV - KENNELS
11.
(2) Owners and operators of kennels shall comply with the following regulations:
(a) the licence shall expire on the 31st day of December;
(b) every licence shall be renewed yearly between the 31st day of December, and the 15th day of February of the next year, inclusive
(c) a kennel shall be permitted only in premises zoned for the purposes of the boarding and breeding of dogs;
(d) the floors of each room in which dogs are kept shall be,
i) constructed of an impermeable material and
ii) flushed with water and deodorized with a suitable disinfectant daily or more often if necessary and that the animals should be removed when this is being done, and
iii) if such room is physically attached to a building used for human habitation, graded to an adequate drain which shall be connected to municipal sewerage system or sewer disposal system.
(e) each room that is used for the housing of dogs shall be equipped with a lighting system that is to designed, constructed and maintained that:
i) it distributes light as evenly and with as little glare as possible;
ii) it provides adequate light for the proper observation of every animal in the room; and
iii) it is adequately lighted for a continuous period of at least eight hours in every twenty-four hour period.
(f) each room that is used for the housing of dogs shall provide ventilation for the health, welfare and comfort of every dog by either:
i) having an opening or openings for natural ventilation with a minimum aggregate unobstructed free flow area of one percent (1%) of the floor area of the room; or
ii) having a mechanical ventilation device in working order which changes the air at least two times each hour.
(g) each room that is used for the housing of dogs shall at all times, be maintained at a minimum temperature of 9 degrees Celsius for the health, welfare and comfort of every dog herein;
(h) each cage or pen used for the housing of dogs shall be so constructed and maintained that:
i) every dog in the cage or pen may comfortably extend its legs to their full extent, stand, sit, turn around and lie down in a fully extended position;
ii) it is not likely to harm any dog therein;
iii) any dog therein cannot readily escape therefrom; and
iv) it may be readily cleaned;
(i) each doorway, window and outside opening shall be screened during the period of May 1st to October 1st of each year;
(j) the yards and runways shall be,
i) fenced, and
ii) if within thirty (30) metres of an occupied building,
(a) paved with concrete, asphalt or other impermeable material,
(b) graded to an adequate drain or gutter, and
(c) cleaned at least once daily when in use;
(k) each area in which dogs are kept shall, at all times, be maintained in a clean and sanitary condition;
(l) excreta, dead animals and other waste resulting from the keeping of dogs shall be removed daily from the premises;
(m) The Medical Officer of Health for the City of Timmins shall enter any building and order the removal of any matter or thing which is dangerous or injurious to the public health including any or all the above mentioned dogs, whenever it appears to the Medical Officer of Health that is necessary for the preservation of the public health or for the abatement of anything dangerous or injurious to the public health.
PART V - RUNNING AT LARGE
12.
(2) For the purposes of this By-law, a dog shall be deemed to be running at large when found in any place other than the premises of the owner of the dog and not under the direct control of a competent person.
(3) No owner shall allow his dog to trespass on private property whether on a leash or not unless permission for said trespass is first obtained in writing from the owner of the property.
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(a) seize and impound any dog found running at large, and
(b) restore possession of the dog to the owner thereof, where on application to the Poundkeeper or an Animal Control Officer after proving his ownership and proving that the owner is in receipt of a dog licence from the License Issuer for the current year and upon payment of pound fees as follows:
(i) All impounded dogs prior to being released shall be required to be registered and licensed for the current year.
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Impound Fees Fee as set out in by-law 1996-4592 |
Effective Jan. 1, 1998 |
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Licensed Dog Impounded |
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First Time |
$ 50.00 |
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Any Subsequent Times |
$ 200.00 |
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Unlicensed Dog Impounded |
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First Time |
$ 100.00 |
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Any Subsequent Time |
$ 250.00 |
(vi) in addition the owner shall pay a maintenance fee of $10.00 a day for each day the dog remains impounded, no change in Jan./97 or Jan./98(amended by by-law 96-4592 )
vii) any veterinary fees incurred for the dog, and,(amended by by-law 95-4545)
viii) the impound fees stated in subparagraphs (iii) and (v) do not include registration and license fees.(amended by by-law 95-4545)
xi) daily maintenance fee not applicable to animals being adopted and registered in the name of the new owner.(amended by by-law 94-4289)
(2) Subject to Subsection (6) of this Section, any female dog found to be running at large in heat shall be held at the pound until no longer in heat, but in any case no longer than twenty-one (21) days.
(3) Where a dog is seized and impounded under Paragraph (a) of Subsection (1) of this Section, the owner, if known and whether the dog is claimed from the pound or not, shall be liable for the pound maintenance fees prescribed and shall pay all fees on demand by the Animal Control Officer or Enforcement Agent which fees may be recoverable under The Provincial Offences Act.
(4) Where, at the end of three (3) days mentioned in Paragraph (b) of Subsection (1) of this Section, the dog has not been restored to the owner, the dog may be sold by the City.
(5) Where the owner, of a dog has not claimed the dog within three (3) days after its seizure under Subsection (1) above, or where the dog seized under Subsection (1) and found to be running in heat or has been held at the pound for twenty-one (21) days, and where the dog has not been sold, the Animal Control Officer, his designate or agent, may kill the dog in a humane manner or otherwise dispose of the dog as he sees fit and no damages or compensation shall be recovered on account of its killing or other disposition.
(6) Where a dog seized under Subsection (1) of this Section is injured or should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Peace officer, Municipal Law Enforcement Officer or Animal Control Officer, may kill the dog in a humane manner as soon after seizure as he thinks fit without offering it for sale and no damages or compensation shall be recovered on account of its killing.
(7) No dog shall be released from the pound unless the prescribed fee has been paid and a licence has been issued for that dog in accordance with Part II, V and VI of this By-law.
PART VI - IMPOUNDED FOR BITING
Where a dog has been impounded for biting, and the City is required by any Act to impound or distrain a dog for a determined period, the owner prior to release of the dog shall pay a pound fee of $10.00 (amended by by-law 95-4545) per day for each day the dog was impounded.
PART VII - HOME PICK UP AND EUTHANASIA
13a.
- Each litter $ 20.00
(2) Where the City Pound is requested to pick-up an animal at the owner’s residence for the purpose of destroying such animal, the charge for a home the pick-up shall be $15.00.
(3) Where the owner has requested the City to destroy an animal under Subsection (1) the owner shall sign a consent and indemnity form consenting to have the animal destroyed and disposed of by the City.
(4) Where the owner wishes to have an animal euthanized at the City Pound and where such owner is not a resident of the City of Timmins, the owner shall sign a consent and indemnity form as per subsection (3) and the charges shall be:
- Each litter $ 40.00
(5) Notwithstanding Subsections (1) & (4), where the owner has signed a consent and indemnity form the animal becomes the property of the City of Timmins and the City of Timmins may at its discretion sell the animal.
PART VII - GENERAL
14. If any Section, Subsection, Clause or Paragraph of this By-law is, for any reason, held invalid, such portion shall be deemed separate, distinct and independent and such holding shall not affect the validity of the By-law as a whole or any part thereof, other than the provisions so declared to be invalid.
15. Every person who contravenes any provisions of this by-law is guilty of an offence and liable upon conviction to a fine of not more than $5,000.00 exclusive of costs as authorized by the Provincial Offences Act Section 62, R.S.O. 1980 C.400 as amended, except where otherwise expressly provided by law, which shall be recoverable under the provisions of the Provincial Offences Act and all the provisions of the said Act shall apply to any prosecution for any offence under the provisions of this by-law. (amended by by-law 90-3562)
16. Schedule 11 of By-law No. 1973-11 and any amendments thereto is hereby repealed
17. This By-law may be referred to as the Animal Control By-law.
18. This By-law shall come into force and take effect December 14, 1981.
READ a first and second time this 16th day of November, 1981.
(SGD) VICTOR M. POWER
MAYOR
(SGD) G.B. CHEVRETTE
CLERK
READ a third time and finally passed this 14th day of December, 1981
(SGD) VICTOR M. POWER
CERTIFIED TRUE COPY MAYOR
OF BY-LAW NO. 1981-1671
(SGD) G.B. CHEVRETTE
CLERK