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2004-01-01 - The licensing of dogs



THE CORPORATION OF THE TOWNSHIP OF MADOC
BY-LAW 1087-2003

A By-law to amend By-law 1036-2000 which provides for the licensing of dogs
and the regulating of keeping of dogs in the Township of Madoc.

WHEREAS the Municipal Act, 2001, Sections 103, 104 and 105 provides that by-laws may be passed by the Councils of local municipalities for prohibiting or regulating the keeping of animals or any class thereof within the municipality.

WHEREAS the Municipal Act, 2001, provides that by-laws may be passed by the Councils of local municipalities for licensing and regulating and requiring the registration of dogs and for imposing a licence fee on the owners of them and;

WHEREAS the Municipal Act, 2001, Section 103 provides that by-laws may be passed by the Councils of local municipalities for prohibiting or regulating the running at large of dogs in the municipality, for seizing and impounding and for killing, whether before or after impounding, dogs running at large contrary to the by-law, and for selling dogs so impounded at such time and in such manner as is provided by the by-law and;

WHEREAS in the interests of public safety and order, the Council of the Corporation of the Township of Madoc deems it necessary and expedient to regulate and licence dogs in the municipality and prohibit certain types or classes thereof;

NOW THEREFORE the Council of the Corporation of the Township of Madoc HEREBY ENACTS AS FOLLOWS:

1. Definitions.

a) “Dog” means a male or female dog.

b) “Enclosed pen” means a containment pen constructed with a secure top and sides and
either a secure bottom effectively attached to the sides or sides embedded in the
ground to a minimum depth of 30 centimetres ( 1 foot), or as otherwise approved by
the Animal Control Officer. The pen shall provide humane shelter for the restricted
dog while preventing it from escaping therefrom and preventing entry therein of
unsupervised children.











THE CORPORATION OF THE TOWNSHIP OF MADOC
BY-LAW 1087-2003
Pg. 2

c) “His” or other word imparting the singular number or the masculine gender only
shall include more persons, parties or things of the same kind than one, and females as
well as males and, vice versa;

d) “Kennel” means a premises where more than three (3) dogs are lodged, treated, kept,
boarded or raised;

e) “Mitigating factor” means a circumstance which excuses aggressive behaviour of a
dog and, without limiting the generality of the foregoing, may include circumstances
where the dog was, at the time of the aggressive behaviour:
(i) acting in defense to an attack by a person or domestic animal;
(ii) acting in defense of its young or to a person or domestic animal trespassing on the
property of its owner; or
(iii) being teased, provoked, or tormented.

f) “Municipality” means the Corporation of the Township of Madoc or the Township of
Madoc;

g) “Animal Control Officer” means the Animal Control Officer for the
Corporation of the Township of Madoc or, that person appointed to act in his capacity
as a Provincial Offences Officer.

h) “Muzzle” means a humane fastening or covering device of adequate strength placed
over a dog’s mouth to prevent it from biting as approved by the Animal Control
Officer;

i) “Owner of a dog” includes any person who owns, possesses, harbours, or has the care
and control of a dog and “owns” and “owned” have a corresponding meaning;

j) “Person” includes any physical or corporate entity, partnership or any association and
the heirs, executors, administrators, successors and assigns or other legal
representative thereof to whom the context may apply;

k) “Potentially dangerous dog” means a dog that,

(i) in the absence of any mitigating factor, chases or approaches any person or domestic animal, anywhere other than on the property of its owner, in a menacing fashion or apparent attitude of attack, including, but not limited to, behaviour such as growling or snarling; or




THE CORPORATION OF THE TOWNSHIP OF MADOC
BY-LAW 1087-2003
Pg. 3

(ii) a dog that, in the absence of any mitigating factor, has attacked, bitten, or caused
injury to a person or has demonstrated a propensity, tendency or disposition to do so;
or;

(iii) a dog that has been impounded by the Animal Control Officer or for whom the
owner has been convicted on a total of three occasions with a twenty-four (24) month
period for such dog running at large in the municipality.

l) “Pit Bull dog” means a dog of any age which can be identified as a dog of one or
more of the following breeds or mixed breeds by the Animal Control Officer, namely:

(i) Pit Bull Terrier

(ii) American Pit Bull Terrier

(iii) Pit Bull

(iv) Staffordshire Bull Terrier


m) “Pound” means the Tweed Animal Shelter/Pound.

n) “Prohibited dog” means:

(i) a Pit Bull dog that is not a restricted dog; or,

(ii) a Pit Bull dog, previously designated as a restricted dog that is kept or permitted to be
kept by its owner in violation of the requirements for such dog.


n) “Restricted dog” means:

(i) a dog that is a Pit Bull dog; and,

(ii) a dog for which the owner had obtained a valid 1999 or 2000 dog licence issued
under By-law 1015-99 and has maintained a valid dog licence issued by the Township
of Madoc for each subsequent year for such dog;.

o) “Running at large” means a dog found in any place other than the premises of the
owner of the dog and not under the control of any person;



THE CORPORATION OF THE TOWNSHIP OF MADOC
BY-LAW 1087-2003
Pg. 4

2. Subject to Section 9. of this By-law, every owner of a dog shall annually, not later than
March 31 in each year or within seven (7) days of becoming an owner of a dog, cause
the dog to be licensed with the municipality.

3. Upon application for a licence, the owner of a dog may be required to produce a
certificate signed by a practicing veterinarian, that the dog has been inoculated with an
anti-rabies vaccine within the period of twenty-four (24) months immediately prior to
the date of application for a licence.

4. All licences and tags pursuant to this By-law shall be serially numbered and a record
of their issue shall be kept by the Animal Control Officer. Such record shall set out the
name and address of the owner, the name of the dog and colour and markings of the
dog.

5. At the time of registration, the owner/applicant shall be required to pay to the
municipality the required licence fee pursuant to Schedule “A” to this By-law.

6. On payment of the licence fee for a dog, the owner shall be furnished with a dog tag
from the municipality or the Animal Control Officer which shall bear the serial number
relating to the application, the name and address of the owner and the year in which
the tag is valid.

7. The owner of a dog shall:
a) keep the dog tag securely affixed on the dog for which it was issued at all times until
renewed or replaced but the tag may be removed while the dog is being lawfully used
for hunting in the bush and;

b) not use the tag upon a dog other than the one for which it was issued;

c) treat the dog in a humane manner.

8. The fee charged for the replacement of lost dog tags shall be as set out in Schedule “A”
to this By-law.

9. The owner of a kennel of dogs shall pay to the municipality the fee set out in By-law
998-98 and is not liable to pay any further licence fee under this By-law.

10. Every licence for a dog issued hereunder is personal to the owner thereof and may not
be assigned or transferred.

12. No person shall keep or allow to be kept on a single property in the municipality,
more than three dogs unless a Kennel Permit has been issued as required in the
provisions of By-law 998-98.


THE CORPORATION OF THE TOWNSHIP OF MADOC
BY-LAW 1087-2003
Pg. 5


13. Dogs are prohibited from running at large in the municipality and no owner of a dog
shall allow the dog to run at large and no owner shall permit or allow a dog to
trespass on any private property.

14.a) Any dog found to be running at large may be seized and impounded by the Animal
Control Officer or any person acting under his authority.

b) The Animal Control Officer or any person acting under his authority may destroy any
dog he finds running at large if:

(i) he reasonably believes the dog is likely to cause imminent harm to any person or
animal;
(ii) the dog is classified as a prohibited dog as described in this By-law;
(iii) the dog is injured or should be destroyed without delay for humane reasons;

and no damages or compensation shall be recovered on account of such disposition.

15. No person shall keep or allow to be kept, a prohibited dog, on a property in the
municipality.

16. a)The Animal Control Officer may designate a dog as a prohibited dog, potentially
dangerous dog, or a restricted dog.

b)The Animal Control Officer, upon finding a restricted dog that is not being kept in
accordance with the provisions of Section 21. of this By-law, shall forthwith declare
the dog to be a prohibited dog and seize and dispose of such dog. Section 17 of this
By-law shall not apply in this situation.

17. a)Where the Animal Control Officer designates a dog as a prohibited dog or a
potentially dangerous dog other than as set out in Section 16. b), the Animal Control
Officer shall serve notice upon the owner of such dog. If the Animal Control Officer
has not seized and impounded the prohibited dog or potentially dangerous dog, the
notice shall require the owner, upon receipt of such notice, to deliver the dog, subject
of such notice, within 6 (six) working days to the Pound.

b)(i) The notice referred to in 17. a) shall include a statement from the Animal Control
Officer that he has reason to believe that the dog is a potentially dangerous dog
or a prohibited dog, as the case may be; and,

(ii) the notice shall also include a statement from the Animal Control Officer that the dog
will be disposed of in a humane manner; and,







THE CORPORATION OF THE TOWNSHIP OF MADOC
BY-LAW 1087-2003
Pg. 6

(iii) the notice will indicate to the owner of the dog that he has a right to challenge the
said designation of the dog by making a request in writing to the Clerk of the
Corporation of the Township of Madoc, within five (5) working days of receipt of the
notice of the Animal Control Officer, and is entitled to, a hearing by the Council of the
Corporation of the Township of Madoc which may affirm or rescind the Animal
Control Officer’s designation based on the definition provided herein this By-law and
the evidence provided by the Animal Control Officer; and,

(iv) the notice shall be delivered by hand or prepaid registered mail to the said Clerk; in
the event of service by prepaid registered mail, the notice shall be deemed received
on the fifth working day after the date of mailing.

18. Where the owner of a dog who receives a notice from the Animal Control Officer
designating such dog as a potentially dangerous dog or a prohibited dog, requests a
hearing under Section 17. b), Council shall hold a hearing to affirm or
rescind the Animal Control Officer’s designation of the dog within twenty (20)
working days of receipt of the request.

19. Any dog seized pursuant to Sections 14. or 17. shall be taken to the pound or shelter
operated by the Animal Control Officer for the Corporation of the Township of
Madoc or other pound as defined in this By-law.

20.a) Where a dog is impounded, the owner, if known, and whether the dog is claimed
from the pound or not, shall be liable for a pound fee prescribed and, shall pay such
fee on demand made by the Animal Control Officer.

b) Where a dog has been impounded for three consecutive days (exclusive of Statutory
Holidays and Sundays), excluding dogs impounded under Section 17. of this By-law;
and possession has not been restored to the owner, the Animal Control Officer may
destroy the dog in a humane manner or otherwise dispose of the dog as he/she sees
fit, and no damages or compensation shall be recovered from the Animal Control
Officer or the municipality on account of its death or other disposition.

21. The owner of a restricted dog as defined by this By-law shall, at all times, ensure that
such dog, when it is not in the owner’s dwelling but, otherwise within the boundaries
of the owner’s lands, be secured in one of the following manners so as to prevent the
dog from escaping from the owner’s lands and to prevent the dog from causing
injury to any person or animal entering onto the owner’s lands:

a) the dog shall be kept in an enclosed pen as defined in this By-law; or,






THE CORPORATION OF THE TOWNSHIP OF MADOC
BY-LAW 1087-2003
Pg. 7

b) the dog shall be muzzled so as to prevent it from biting a person or animal and
securely leashed to the owner of the dog by means of a leash or chain, not more than
2.4 metres (8 feet) in length.

22. No person shall operate a kennel containing a restricted dog or a prohibited dog as
defined by this By-law.

23. Every owner of a dog shall remove forthwith and dispose of any excrement left by his
dog on any property in the municipality other than his own property.

24. Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine as provided for in the Provincial Offences Act.

25. This By-law comes into force and takes effect upon the date of repeal of By-law
1036-2000..


READ a first and second time this 5th day of May, 2003.

READ a third time and finally passed, signed, sealed and numbered 1087-2003 this 5th day of May, 2003.








_________________________ ____________________________
REEVE CLERK



I, W.G. Lebow, Clerk of the Corporation of the Township of Madoc hereby certify this to be a true copy of By-law 1087-2003 passed in open Council on May 5, 2003.





_________________________


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