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Havelock-Belmont-Methuen

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scanned from documents given to me by Havelock City Hall

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CORPORATION OF THE TOWNSHIP OF HAVELOCK-BELMONT-METHUEN

- --- - -- - --- ~.. - ..~~.. "A""~l~ BY-LAW NO. 2002-15

BEING A BY-LAW FOR THE LICENSING AND REQUIRING THE REGISTRATION OF DOGS, AND FOR THE PROHIBITING AND REGULATING THE RUNNING AT LARGE OF DOGS

WHEREAS the Municipal Act, R.S.O. 1990, Chapte145, Section 2l 0 as amended, provides that by-laws may be passed by the Council of a local municipality for the licensing and requiring the registration of dogs and for the prohibiting or regulating the running at large of dogs in the municipality; ..

. .

AND WHEREAS the C;ouncil of the Corporation of the Township of Havelock-Belmont-

Methuen deem it advisable to pass a by-law for the licensing and requiring the registration of dogs and for prohibiting or regulating the running at large of dogs, in the municipality;

NOW THEREFORE the' Council of the Corporation of the Township of Havelock-Belmont- Methuen enacts as follows:

. SECTION 1 DEFINITIONS:

For the purpose of this by-law, the definition and interpretations given in this section shall

govern. Words used in the present tense include the future. Words used in the singular include the plural and words used in the plural include the singular number. The word "SHALL" is mandatory and not directory. In this by-law the following definitions shall apply:

'(a) "Dog" shall mean a male or female dog whether neutered or spayed.

(b) "Officer" shall mean a person appointed by the Col~oration of the Township of Havelock-Belmont-Methuen to enforce the provision of this by-law as a Provincial Offences Officer.

(c) "Owner" ofa dog includes a person who owns or harbours the dog and where the owner is a minor, the person responsible for the

custody of the minor and "owns" and "owned" have corresponding mearuQg.

\

(d) "Minor"- is a person who has not achieved the age of majority as defined by applicable provincial law.

--"~-'2002-15

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(e) "Clerk" means the Clerk of the Corporation of the Township of

Havelock - Belmont-Methuen.

(t) "Corporation" means the Township of Havelock-Belmont-Methuen. (g) "Purebred" means:

(i) registered or eligible for registration in the register of the

Canadian Kennel Club Incorporated, or

(ii) recognize as such pursuant to the Animal pedigree Act

(Canada), or .,

,

(iii) the American Field Trials Association.

(h) "Possession or Harbouring" ofa dog shall be deemed to occur when a person pern1its a dog to remain at or about or on the property of the premises which he owns or occupies or which is habitually kept on such propeliy.

. (i) "Kennel" means a facility or enclosure for the purpose of breeding

or housing dogs, as maybe defined in the Corporation Zoning By-Law.

(j) "Guide Dog" means a dog trained and actively used to assist a person who is legally blind or legally deaf.

(k) "Prohibited Area" means any area or areas designated by Council where dogs are not allowed and posted with signs infonning the public accordingly.

(1) "Running At Large" shall mean any dog(s) found in any place other than the premises of the owner of the dog and not under the control of any pers(

SECTION 2 REQUIREMENTS FOR LICENSE:

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2. (I) Every person who owns a dog over ten (10) weeks old, which is kept in the Corporation, shall obtain a license for such dog from the Clerk and shall pay to the Clerk the license fee for such dog as prescribed in Schedule "A" to this by-law.

2002-15

(2) Every person who owns a kennel within the Corporation in which the dog or dogs are kept that are purebred shall pay an annual license fee as prescribed in Schedule "A", as a fee for the kennel instead of a license fee for each dog so kept relating to the operation of the kennel.

(3) The requirement to obtain a license as prescribed in Section 2(1) and 2(2) shall occur when the person:

(a) becomes the owner of the dog, kennel, as the case may be and the same is kept within the Corporation; or

~

(b) when the dog is possessed or harbored in

the Corporation fora period of time which is sufficient to demonstrate that the person who has care and control of the dog can be deemed to be the owner thereof.

(4) A kennel license will only be granted in areas property zoned to

pennit the use of dog kennels in accordance with the Corporations . by-laws.

(5) The "kennel license" issued pursuant to Section 2(2) shall recite the number and breed of all dog(s) composing the kennel.

(6) All licenses and license tags and kennel licenses under this by-law

shall expire on the 31 st day of December in each year and the owner

shall obtain a new license or licenses not later that the 31 st day of March the following year.

SECTION 3 !DENTIFICA TION OF THE DOG(S) AND ISSUANCE OF TAGS:

3. (I) Every person who is issued a license pursuant to Section 2(1) shall be given a tag for such dog, and such tag shall indicate an

identification serial number thereon for such tag, the year in which it was issued, and the same shall be provided to the person by the Clerk, or hislher designate.

i

,- (2) Every person who is provided with a tag pursuant to Section 3(1) shall ensure that the tag is affixed to the collar of the dog, or

otherwise placed on or around the dog, in such a manner that the tag can identify such dog to any person at all times, and the same shall be secured on the dog until the tag is renewed or replaced.

2002-15 (3) Section 3(2) does not apply in cases when the dog is receiving veterinary treatInent, or is being groomed, or otherwise cannot have the tag affixed because it would represent a danger to the dog, or when the dog is being lawfully used for hunting.

(4) Every person who is issued a kennel license pursuant to

Section 2(2) shall ensure that the said license be posted within the kennel or in a secure area of the property where the kennel is located.

(5) A recol-d shall be kept by the Clerk, or his/her designate,

showing the name, address and phone number of the owner of the dog and the sen'al number of the tag provided to the person pursuant to Settiop 3(1).

(6) Tags which are lost maybe replaced by providing sufficient

proof that the dog possessed a license for the current year and paying to the Clerk or his/her designate the sum of two dollars ($2.00) for each lost tag. SECTION 4 GUIDE DOGS:

.

4. (1) Section 2 and 3 of this by-law shall not apply to any person who is legally blind, legally deaf or disabled and who owns a dog (or dogs) trained and actively used as a guide dog or assistant. SECTION 5 DOGS AT LARGE:

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5. (l) No person shall penn it a dog owned by him or her to run at large in the Corporation, and running at large shall be deemed to occur when the dog is found in any place other than the property or premises of the owner, and not under control of any person, and held securely on a leash to prevent the possibility of any other person or other animal (including another dog) from being attacked or bitten by such dog.

(2) Section 5(1) shall not apply in cases where prior consent to '

allow the dog to be at large is given by the person owning the land on which the dog is found.

(3) Section 5( l) shall not apply in cases where dogs that are used as a working fann assistant, are being used in their vocation on public property, under control of herdsman.

2002-15

5(B) DOG WASTE:

(a) Any person who owns or controls a dog shall remove

forthwith any faeces left by such dog on a highway or

on any public property oron any private propeliyother than the property owner of such dog.

(b) The Provision of sub section (a) does not apply to a handicapped person accompanied by a Guide Dog.

5(C) No person being the owner of a dog or in control of a dog shall pennit su<;:h dog to be present in any prohibited area at an~ time.

,

SECTION 6 RESTRICTING THE NUMBER OF DOGS:

6. (1) Within those areas of the Corporation zoned Residential "R" the number of dogs requiring a license that a person may keep is hereby restricted to three (3).

(2) This restriction does not apply to the number of dogs that . may be kept in a kennel under a kennel license issued under this by-law.

(3) A person in possession of a dwelling unit zoned Residential shall ensure that the provisions of this Section as they apply to that dwelling unit are complied with.

(4) A person who keeps dogs shall ensure that the provisions of this Sec~ion as they apply to dogs kept by that person are complied with.

SECTION 7 SEIZURE AND IMPOUNDING OF DOG(S):

(1) Any dog found running at large pursuant to Section 5 may b, seized, impounded and killed, whether before qr after impou by any Police Officer, or appointed Provincial Offences Oft! within the Corporation without pennitting any person to clai damages or compensation from the Corporation on account I its killing or other disposition.

(2) Any dog, so impounded pursuant to Section 7( I) may be keI the Peterborough Humane Society, a secure place and a fee I to the owner prior to the release of the dog, for all costs oft!

2002-15

(3) When a dog is so impounded and kept pursuant to Section 7(2) then it shall not be destroyed until any minimum redemption

period has expired as established by applicable Provincial law.

(4) Nothing in Section 7 shall be so interpreted and applied so as to prevent the destruction of a dog when the same is required, in the judgment of the Police Officer or Provincial Offences

Officer engaged in the act, in order to protect the security of any person or other animal.

(5) No damages 01' compensation shall be recoverable by the owner of the dog(s) on account, or as a result of the actions of the Small Animal Control Officer or Police Officer. "

,.

SECTION 8 OFFENCE:

(I) Every person who contravenes any of the provisions of this by-law, is guilty of an offence and shall, upon conviction thereof, forfeit and pay a penalty of not more than Five Thousand Dollars

($5,000.00), exclusive of costs and every such fine is recoverable under the Provincial Offences Act.

.

SECTION 9 SEVERABILITY OF PROVISIONS:

If any section or sections of this by-law, or parts thereof may be found by any Court of law to be illegal or beyond the power of the Council to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of this by-law shall be deemed to be separate and independent therefrom and to be enacted as such.

SECTION 10

(I) By-Law No. 200 I -08 and all amendments thereto are hereby repealed. (2) This by-law shall corne into force upon the final passing thereof.

Read a FIRST, SECOND and THIRD time and finally passed in open Council this 2nd day

Of~Pril, 2002. , /'-:::~~-:?.1.// h . " - ~~~ -C~ /" W AAlj /

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. ~ffi~ L- V~g~~~~

TOWNSHIP OF HAVELOCK-BELMONT -METHUEN SCHEDULE "A"

BY-LA W NO. 2002-15 TO ESTABLISH THE FOLLOWING FEES: 1. That Section 2(1) shall read:

For each male or female dog the sum of $1 0.00

if the fee is paid on or b~fore March 31 st of

the current year.

2. That Section 2(1) shall read:

. For each male or female dog th~ sum of$20.00

if the fee is paid after March 31st of the current year.

3. That Section 2(2) shall read:

For each kennel license a sum of$100.00 (if legally penllitted).

4. LET IT BE KNOWN that the Ministry of Health recommends that all dogs are required to be ino~ulated against rabies every year.

CORPORATION OF THE TOWNSHIP OF HAVELOCK-BELMONT -METHUEN --- BY-LAW NO. 2002-21

BEING A BY-LAW TO AMEND BY-LAW2002-l5, A BY-LAW

FOR THE LICENSING AND REQUIRING THE REGISTRATION OF DOGS, AND FOR THE PROHIBITING AND REGULATING THE RUNNING AT LARGE OF DOGS

WHEREAS the Municipal Act, R.S.O. 1990, Chapter 45, Section 2 (0 as amended, provides that by-laws may be passed by the Council ofa local municipality for the licensing and requiring the registration of dogs and for the pt'ohibiting or regulating the running at large of dogs in the municipality;

AND WHEREAS the Council ofth~Corporation of the Township of Havelock-Belmont- Methuen deem it advisable to pass a by-law for the licensing and requiring the registration of dogs and for pt'ohibiting or regulating the running at large of dogs, in the municipality;

NOW THEREFORE the Council of the Corporation of the Township of Havelock-Belmont- Methuen enacts as follows:

I. That Schedule "B" is amended to read as follows:

.

ITEM COLUMN I COLUMN 2 COLUMN 3 Short Form Wording Offence creating Set Fine

provision or defining (including costs) offence

( . Keeping a dog without having Section 2 (I) $75.00 paid license fee to do so

2. Keeping dogs in a kennel without Section 2 (2) $100.00 having paid for a license to do so

3. Being the owner of a dog and Section 5.( I) $180.00 allowing such dog to run at large

4. Being the owner ofa dog and Section 5 (B)(a) $75.00 failing to remove feces of such

dog from public or private property other than the property of the dog owner

.-- ""

'2002-21

5. Being the owner of a dog or in Section 5 (C)

control of a dog and pernlitting it to be in a prohibited area.

6. Keeping more than three (3) dogs Section 6 (1)

at a residence

NOTE: The penalty provision(s) for the offence(s) indicated above is Section

No. 2002-15.

2. That this by-law shall come into force upon the final passing thereof.

Read a FIRST, SECOND and TH1~D time and finally passed in open Council May, 2002.

.

(~~~~~~

~a.fl.-~ ~

Clerk

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Scanned from documents given to me by Havelock City Hall

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