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3075-2013 Dog Owner & Kennel Operator Responsibilities

3075-2013 Dog By-Law

A BY-LAW RESPECTING THE REGULATION AND CONTROL, PROTECTION AND IDENTIFICATION OF DOGS IN THE TOWNSHIP OF AUGUSTA

Passed by Council December 9, 2013

You can read more about this By-Law on our Dog Owners and Kennel Operators page.


THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3075
A BY-LAW RESPECTING THE REGULATION AND CONTROL, PROTECTION
AND IDENTIFICATION OF DOGS IN THE TOWNSHIP OF AUGUSTA

WHEREAS the section 11(2) 9 of the Municipal Act, 2001 S.C. 2001 allows for
lower tier municipalities to pass by-laws respecting matters pertaining to animals

AND WHEREAS the Residents of the Township have a long tradition of raising and
caring for dogs for companionship, herding, hunting, recreation, improvement of
breeding stock, competitions, shows, and for training and using special service dogs
to assist disabled persons, or to aid agencies of government, and for other uses;

AND WHEREAS Council seeks in the public interest to identify dogs, and to prohibit
dogs from trespassing or running at large, or creating a nuisance, especially noise,
and to ensure that dogs that have bitten a person or a domestic animal are
appropriately restrained.

NOW THEREFORE the Council of the Corporation of the Township of Augusta
enacts as follows:

SECTION I DEFINITIONS

1. For the purpose of this by-law, the following definitions shall apply:

(a) “Aggressive Dog” means any dog that has bitten a person or a domestic animal
without provocation, or has a known propensity, tendency or disposition to attack
without provocation other domesticated animals or persons.

(b) “Attack” shall mean an assault resulting in bleeding, bone breakage, sprains or
serious bruising.

(c) “Bite” shall mean a wound to the skin causing it to puncture or break.

(d) “Canine” means any domesticated canine, male or female.

(e) “Canine Control Officer” shall mean a company or person appointed by the
Township of Augusta, or any other person directed by the clerk to enforce parts of
this By-law, and includes the By-law Enforcement Officer. “Animal Control Officer”
shall have the same meaning.

(f) “Care and Control” shall mean having, at all times, the ability to manage, direct,
restrict and restrain the movement of a dog.

(g) “Control” shall include care and custody.

(h) “Corporation” means the Corporation of the Township of Augusta.

(i) “Disturbing noise” shall mean sounds that are loud, undesirable and continuous
that affect the reasonable comfort and convenience of life.

(j) “Dog” shall mean a domesticated canine, male or female, over the age of 12
weeks, and includes any dog spayed or neutered.

(k) “Dog Guardian” shall mean a person who is the temporary keeper or is in control
of the dog.

(l) “Dog Owner” shall mean any person who has right of possession of a
domesticated animal that is kept at their household, on their property or in their
control, and includes the responsibility of being accountable for the dogs actions.

(m) “Dog Tag” shall mean a tag bearing a serial number and the year that it was
issued. Page 2 of 10

(n) “Domestic Animal” shall mean a cat or dog.

(o) “Farm Work Dog” shall mean a dog that is trained and engaged in herding or
acting as guardians of livestock

(p) “Guide Dog” means any dog trained as a guide dog for a blind or visually
impaired person and having the qualifications prescribed by the regulations under
the Blind Person’s Rights Act, and shall include a dog trained as a guide dog for
other physically disabled persons

(q) “Inhumane treatment” means inflicting unnecessary suffering, cruel or unusual
punishment beyond necessity for normal discipline that would cause physical or
mental distress or death, including neglect (withholding food or water)

(r) “Kennel” shall mean any premises, building, cage, or pen, where 5 or more dogs
are lodged, bred, kept or boarded. A Kennel shall be classified as follows:

i) “small kennel” where dogs are housed for the primary purpose of pleasure
(pets) or hunting, and where there is no boarding and little revenue is derived
from the sale of pups from these dogs.
ii) “large kennel’ used primarily for boarding dogs where the majority of
Kennel space is devoted to the boarding of dogs owned by other than family
members, even if purebred dogs are being housed or bred at the same
facility.

(s) “Leash” shall mean a restraining device of sufficient strength and material for
holding a dog.

(t) “Leashed” shall mean a restraining device securely attached to the dog and a
person or object.

(u) “Municipal By-law Enforcement Officer” means a person or persons appointed or
employed by the Corporation of the Township of Augusta for the purposes of
enforcing the provisions of this by-law.

(v) “Muzzled” means a humane fastening or covering device of adequate strength
used over the mouth to prevent a dog from biting.

(w) “OSPCA” means the Ontario Society for the Prevention of Cruelty to Animals and
its officers.

(x) “Owner” means and includes any person who possesses or harbors a dog and
shall include a person who is the temporary keeper or is in control of the dog, and
owns and owned shall have a corresponding meaning.

(y) Property shall mean a parcel of land under one ownership, occupied or to be
occupied by one or more main buildings, structures or uses, with any accessory
buildings, including all yards, required by the Township of Augusta Zoning By-law. A
lot may or may not be land shown as a lot on the duly registered plan of subdivision
or reference plan.

(z) “Police Work Dog” shall mean a dog trained and actually engaged in Law
Enforcement work.

(aa) “Public nuisance” means an act or process that interferes with a community’s
enjoyment of a land, area or region and anything that disturbs the health or safety of
the general public or keeps people from being comfortable.

(bb) “Pure-bred” means registered or eligible for registration with an association
incorporated under the Animal Pedigree Act.

(cc) “Pup” means any dog under the age of twelve weeks.

(dd) “Restrained” shall mean being kept inside a building or house or in an enclosed
pen of sufficient dimensions and strength to be humane and to prevent a dog from
coming in contact with persons other than the owner of the dog.

(ee) “Running at Large” shall mean a dog being elsewhere than on the premises of
the dog owner or any person have custody or control and not being under the
immediate control of a responsible person.

(ff) “Sanitize” means to clean for the purpose of controlling disease producing
organisms and “sanitized” has a corresponding meaning.

(gg) “Township” means the Corporation of the Township of Augusta.

(hh) “Treasurer” means the Treasurer of the Corporation of the Township of
Augusta.

SECTION II IDENTIFICATION

1. Every dog owner shall cause his/her dog to be licensed and registered with the
Township 12 weeks after its date of birth. Exceptions in Schedule “A”

2. Every dog owner shall license and register his/her dog (s), within thirty (30) days
after taking up residency in the Township.

3. No person shall keep a dog in the Township of Augusta who has not obtained a
license in respect thereof and who has not registered the dog under the provisions of
this By-law.

4. Every owner of a dog shall annually, on or before the last business day in
February of each year, cause the dog to be registered, numbered, described, and
licensed at the Township Office or with such agency as designated by Township
council in accordance with Schedule “A”.

5. On payment of a license fee, the owner will be furnished with a dog tag, and the
owner shall keep the tag securely fixed on the dog at all times until the tag is
renewed or replaced, except that the tag may be removed only while the dog is
being lawfully used for hunting and is under the direct control of the owner or the
owners designate.

6. No person shall use a tag upon a dog other than for which it was issued.

7. Every owner who fails to purchase a dog license for each of their dog(s) on or
before the last business day of February of each year shall pay the regular price as
set out in Schedule “A”.

8. Upon application made in accordance with the provisions of this By-law, every
application for a dog license shall furnish the Treasurer or other employee
designated for that purpose with the name, address and telephone number of the
dog owner and other information as requested by the Treasurer.

9. The Treasurer or other person designated for that purpose shall have charge of
the granting of licenses and it shall be his/her duty:

(a) to keep a complete register of all dogs in respect of which licenses are issued;
(b) to keep an accurate account of all monies paid to the Municipality;
(c) to furnish with each license a numbered tag which shall be securely fixed by the
owner to each dog in respect of which the license is issued.

10. Each license shall be in force for the year stated and shall expire on December
31st of the appropriate year.

11. Failing to purchase an annual license is a contravention of this by-law. Any
person who contravenes any section of this by-law is guilty of an offence, and upon
conviction is liable to a fine as provided for by the Provincial Offences Act and as set
forth in Schedule A of this by-law.

SECTION III DOGS AT LARGE

1. For the purpose of this section, an animal shall be deemed to be running a large
when found in any place other than the premises of the owner and in the absence of
care and immediate control by any person.

2. The running at large of a dog (s) is prohibited within the Township. Every owner of
a dog shall ensure that the animal is secure and under control.

3. Any dog found running at large contrary to the provisions of this By-law may be
seized and disposed of pursuant to the provision of this By-law. (Page 4 of 10)

4. The owner is responsible for a dog that is found to be running at large contrary to
the provisions of this By-law and may be subject to fines as set forth in Schedule A
of this by-law.

5. No dog owner or dog guardian shall permit a dog to attack any person, domestic
animal or to fight with another animal.

6. Any person may capture a dog running at large and trespassing on his/her
property and advise the Animal Control Officer, who shall pick up the dog and either
impound or return the dog to the owner.

7. Hunting dogs while engaged in hunting and under the care and control of hunters
are not to be considered as running at large. Owners of hunting dogs are
responsible to obtain permission from land owners before casting the dogs on said
land.

8. Every person or owner who fails to maintain sufficient control of a dog while off the
property of the owner may be directed by the Corporation or its agent to leash the
dog. The leash shall be securely attached to the person in control of the dog
attached to the leash.

9. Every person or owner of a dog will leash a dog when directed by the Corporation
or an agent of the Corporation.

SECTION IV NOISE AND NUISANCE

1. No person shall permit their dog to make or cause excessive noises or sounds
that disturb or tend to disturb the quiet, peace, rest, enjoyment or comfort:

(a) of the neighborhood, or
(b) of persons who inhabit any dwelling, apartment or type of residence in the
vicinity.

2. No person shall permit their dog to bark unnecessarily or make unnecessary noise
at any time.

3. Any person who owns, harbors or possesses a dog shall forthwith clean up and
dispose of any excrement left by the dog on any property whether private or public.

4. The owner is responsible for a dog that is found to be contravening the provisions
of this By-law and may be subject to fines as set forth in Schedule A of this by-law.

SECTION V AGGRESSIVE DOG(S)

1. The owner of an aggressive dog shall comply with ALL of the following
requirements;

(a) the dog is restrained so it cannot bite, chase or attack a person or domestic
animal whether on the property of the owner or not.

(b) when the dog is on the property of the owner, it is restrained and confined in an
enclosed area or in a fenced yard, in such a way that the aggressive dog cannot
break out, the purpose of which is to prevent the aggressive dog from coming into
contact with other persons or animals that may inadvertently or by purpose enter
onto the property.

(c) when it is off the property of the owner:

(i) it is securely leashed and muzzled in a manner that prevents it from
biting, chasing or attacking a person or other domestic animal, such
leash not to exceed 1 .8 meters ( 6 feet) in length and,

(ii) it is under the control of a person over the age of sixteen (16) years.

2. An owner of an aggressive dog shall be notified in writing by the Municipal By-law
Enforcement Officer that the owner must comply with the provisions in sentence 1.

3. The owner of an aggressive dog shall pay an annual license fee as prescribed for
aggressive dogs as set forth in Schedule “A”.

4. The owner of an aggressive dog after having been notified in writing to comply
with the provisions in this section of the By-law, may request, and is entitled to a
hearing by Council. If after two years the dog has not been involved in any further
incidences, and the owners can establish (for example, by affidavits of current Page
5 of 10 neighbors and/or veterinarian’s report) that the propensity and disposition of
the dog is no longer aggressive, the council may decide to relieve the owner from
complying with Section V, (1) of the By-law. The methods of determining whether a
dog is still aggressive will be measured against the severity of the original attack, the
age of the dog at the time of the attack, the methods of training employed to
rehabilitate the dog from its aggressive behavior, its current environment, the care
and sincerity of the dog owner, and the records of the Animal Control Officer.

5. The owner of an aggressive dog shall at the time of licensing inform the licensing
officer that the dog has been labeled aggressive by the Township.

6. The owner of an aggressive dog shall provide the Animal Control Officer with the
new address and telephone number of the new owner within two (2) working days of
selling or giving away the aggressive or potentially dangerous dog.

7. The owner of an aggressive dog shall advise the Animal Control Officer forthwith if
the aggressive dog is running at large or has bitten or attacked any person or
animal.

8. The owner of an aggressive dog shall advise the Animal Control Officer within two
(2) working days of the death of the aggressive dog.

9. The owner of an aggressive dog shall display, at the entrance of the owner’s
dwelling which a person would normally approach, a warning sign provided by the
Animal Control Officer. That sign shall not be easily removed by passersby and shall
be clearly visible to a person approaching the entrance.

10. In addition to the requirements of this By-law, the owner of an aggressive dog
may be subject to other legislation and fines as set forth in Schedule A of this by-law.

SECTION VI GENERAL REQUIREMENTS AND KENNELS

1. No person shall keep or board, more than four (4) dogs at any one time on any
property in the Township of Augusta unless a kennel license has been obtained by
them with respect to such dogs.

2. No person shall operate a kennel in the Township of Augusta unless they have
obtained a license for such kennel under the provisions of this By-law.

3. No person shall allow their dog(s) or kennel of dogs to become a nuisance to the
public.

4. No person shall establish or operate a kennel within 300 meters of any “village” or
H “residential” zone as defined and depicted by the municipalities’ comprehensive
Zoning By-law.

5. An application for a kennel license shall be made to the Municipal Office
according to Schedule “A” on or before the last business day in February of each
year. Each license, unless specifically expressed to be a shorter period, suspended
or revoked, shall be valid until December 31st of the appropriate year. The Township
may request an inspection to be completed before the issuance of any kennel
license.

6. Every owner/operator of a kennel will purchase the respective kennel license on
or before the last business day in February of each year.

7. No person shall operate a “small kennel”, housing more than ten (10) dogs. The
“small kennel” shall be allowed to keep a maximum of 8 pups as well as a maximum
of 10 dogs.

8. The owner of a kennel shall pay an annual license fee as set forth in Schedule
“A”. The kennel must furnish each dog with a “Kennel Identifier Tag” and furnish the
Township with a sample “Kennel Identifier Tag” similar in manner to the Township
tag and unique to that Kennel. Kennel Identifier Tags must be securely fixed to each
dog while the dog is boarded or resides within the Township of Augusta. The
exception to this rule is while the dogs are being lawfully used for hunting and are
under the direct control of the owner or the owners designate.

9. No person shall operate a “large or commercial kennel” housing more than
maximum of (30) dogs. Pups are excluded unless otherwise agreed upon by council
and where the commercial kennel is operating under a site plan control agreement.

10. No person shall allow their kennel to become a nuisance to the public.

11. A “large or commercial kennel” of dogs must have separate housing from any
other use on the property that may include other buildings or residences.

12. Every person operating a “large or commercial kennel” may only operate within
rural or industrial zones as defined and depicted by the municipality’s
comprehensive Zoning By-law. The building used as a kennel will not be within 300
meters of a dwelling located on another property. Commercial kennels that are under
a site plan control may reduce the requirement of 300 meters if they provide sound
buffering to councils satisfaction.

13. Every kennel owner/operator shall build fencing and runs for kennels built in
accordance with Schedule “B” and shall be located so as to minimize noise from
being directed towards neighboring dwellings.

14. All kennels operated in the Township shall maintain dogs in a clean, secure and
humane manner and shall comply with the standards as set out in Schedule “C”. All
“large or commercial kennel” operators shall have their premises inspected by the
OSPCA or by the Township (subject to Section V (17)) at least once per year and
obtain a letter or certificate of compliance. Letters or certificates of compliance must
be posted at the kennel site and be made available to the Township at the time of re
licensing.

15. When, in the opinion of the Canine Control Officer, a kennel does not comply
with the provisions of this by-law, creates or is likely to create a public health
nuisance or it is unsanitary in condition, the Canine Control Officer shall notify the
By-law Enforcement Officer. The By-Law Officer shall give a written notification order
to the kennel owner/operator requiring the owner/operator to abate the nuisance or
rectify the conditions within a stated period of time. If the owner/operator fails to
abate the nuisance or rectify the conditions specified by the By Law Enforcement
Officer, they shall be deemed to be contravening the provisions of this By-law.

16. Every owner/operator of a kennel who fails to abate the nuisance or rectify the
conditions specified by the By-Law Enforcement Officer in Section V (15) shall be
deemed to contravening the By-Law.

17. Any kennel license may be suspended pending compliance of a written order. A
kennel license may be revoked for non-compliance of the written order by the By-law
Enforcement Officer if the kennel does not comply with the provisions of this By-law.

18. Whenever, in this By-law, a duty is imposed upon the Township to inspect a
property or kennel, the Township and its officers shall have at their discretion, the
ability to retain the services of a qualified individual or consulting agency with respect
to the nature of the inspection, or require the owner to have their site inspected by
the OSPCA. The fee for such services shall be payable by the owner within 30 days
of the account being rendered, and if not so paid may be added to the tax roll of the
property owner, and shall bear interest at the same rate that applies to overdue
taxes, and collected in like manner as municipal taxes.

SECTION VII IMPOUNDMENT AND RECOVERY OF DOGS

1. A Canine Control Officer or designate may seize any dog found running at large
within the Township of Augusta, or found to be in contravention of the provisions of
this By-law and cause such dog to be delivered to the Township Pound, or to the
dog(s) owner if the dog has a license for the current year and it is the first such
offence for the owner.

2. No person shall interfere with the Canine Control Officer in his/her attempt to
capture and impound a dog.

3. No person shall attempt to remove a captured, trapped or impounded dog from
the custody of the Canine Control Officer, whether the Canine Control Officer is
present or not.

4. The Canine Control Officer may cause by any means the destruction of any dog
that is found to be running at large and is likely to cause imminent harm to any
person or animal, or is injured or ill and it is necessary to be destroyed for public
safety and/or humane reasons.

5. The owner of any dog may obtain release of their dog that has been delivered to
the Township Pound or Canine Control Officer, by:

(a) payment of the fees required by the Pound operator; and
(b) payment of the municipal release fees as set forth in Schedule “A”; and
(c) proof of a valid dog license or kennel license as issued by the Township.

6. If an owner fails to claim the dog during the time prescribed in the regulations of
the Pound, the dog may be sold or disposed of by the said Township Pound.

SECTION VIII PENALTY

1. Any person violating any the provisions of this By-law, is guilty of an offence and
the penalty upon conviction therefore shall be as provided for in the Provincial
Offences Act, R.S.O. 1990, Chapter 33 and amendments thereto.

2. The By-Law Enforcement Officer and Canine Control Officer of the Corporation of
the Township of Augusta or duly appointed agents of any of them shall enforce the
provisions of this By-law.

3. Where a provision of this By-law conflicts with a provision of another By-law in
force in the Township of Augusta, the provisions that establish the higher standards
shall prevail in order to protect the health, safety and welfare of the general public.

4. It is the declared intention of the Council of the Corporation of the Township of
Augusta that any section or part of a section of this By-law which may subsequently
be held to be illegal shall be severable from the remainder of the By-law and shall
not be deemed to have persuaded or influenced the Council to pass the remainder
of the By-law.

5. That Schedule “A” attached hereto is hereby made part of this By-law fully and to
all intents and purposes as though recited in full herein.

6. That Schedule “B” attached hereto is hereby made part of this By-law fully and to
all intents and purposes as though recited in full herein.

7. That Schedule “C” attached hereto is hereby made part of this By-law fully and to
all intents and purposes as though recited in full herein.

SECTION IX REPEALS

By-Law 2973 and all by-laws relating to the regulation and control of dogs and
contrary to this by-law are hereby rescinded.

Read a first and second time this 9th day of December, 2013.

Read a third time and passed this 9th day of December, 2013.

Signed by Reeve Mel Campbell and CAO/Clerk Pierre Mercier

 

SCHEDULE ‘A’ to BY-LAW 3075

Click to enlarge photo.

3075-2013 Canine Control Law Fees

SCHEDULE “B” to BY-LAW 3075

It is not the intention of this By-Law to require every kennel to have a fenced yard. Nor should a
fenced yard be determined to be a “kennel” unless it has first met the requirements as stated
below.

The intention is that where a fenced in area is provided for a “kennel” of dogs, or where it is
required by this By-Law, such as in a Large or Commercial Kennel application, or in the case of
an aggressive dog that:

a) the fenced in area is not located on the property or built in such a way that would
direct sound waves towards neighboring dwellings.
b) the fenced in area is built and maintained to withstand internal loads applied by the
dogs and from the external loads applied by nature and the environment.
c) the fenced in area has a sheltered area and is built in accordance with the
published papers and guidelines of the Canadian Veterinary Medical Association, in
“A Code of Practice for Canadian Kennel Operations”
d) the area be cleaned and sanitized with feces picked up on a regular basis so the area
H remains healthy and does not create a public nuisance.

SCHEDULE “C” to BY-LAW 3075

The kennel standards referred to in this schedule; pertain to both small and large kennel
license holders.

Whenever an individual has a group of dogs requiring a kennel license according to this
By-Law, that person should manage their dogs in accordance with the recommendations
established by the Canadian Veterinary Medical Association in their document, “A Code
of Practice for Canadian Kennel Operations.” A copy of these recommendations is
available at the Township office, the OSPCA, or online at
http://www.canadianveterinarians.net.

While all the recommendations should be followed, this By-Law will enforce only those
recommendations that specifically concern;

a) Housing and Accommodations, except for residential dwellings,
b) Food and Water,
c) Care and Supervision,
d) Minimum Space Requirements.

Additionally,
e) Excretion, dead animals and other waste resulting from the operation of a kennel
shall be removed and disposed of daily from the premises in a sanitary manner, and

(f) Subject to the Dead Animal Disposal Act, in any kennel, the carcass of an animal
shall be;

i) forthwith removed from the cage or pen; and
ii) except for the whole or a part of the carcass that is retained in a sanitary
manner for research, forthwith disposed of;

g) No kennel or part thereof, including any fencing, shall be permitted within three
meters of the property line.