The North Shore, Ontario
· No. 23-57
· adopted 2023-08-16
· summary & facts
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unofficial consolidation, the official version is held by the municipal clerk.
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## BY-LAW NO 23-57
## BEING A BY-LAW FOR THE LICENCING AND REQUIRING THE REGISTRATION OF DOGS AND CATS AND FOR THE CONTROL AND KEEPING OF DOGS, CATS AND OTHER ANIMALS WITHIN The Township of the North Shore
WHEREAS the Municipal Act, S.O. 2001, C.25 Sections 11, 103, 105 and 391(1), as may be amended from time to time, provides that a municipality may pass by-laws prohibiting, regulating, and restricting the keeping of animals or any class thereof, the destruction thereof and allow for a licensing and animal identification system; and
WHEREAS Sections 8, 9 and 10. of the Municipal Act, 2001 authorize a municipality to pass by laws necessary or desirable for municipal purposes, and in particular, paragraphs 5, 8 and 9 of subsection 10(2) authorize by-laws respecting: the economic, social and environmental wellbeing of the municipality; the protection of Persons and property and Animals; and
WHEREAS Section 425 of the Municipal Act, 2001, authorizes a municipality to pass by-laws providing that a Person who contravenes a by-law of the municipality passed under that Act is guilty of an offence; and
WHEREAS Section 12 of the Dog Owners' Liability Act R.S.O. 1990, Chapter D.16 designates a Municipal Law Enforcement Officer as a Peace Officer for the purposes of enforcing the Act; and
WHEREAS the Dog Owners Liability Act, R.S.O. 1990, C.D16, as amended, providesfor the protection of persons and property; and
WHEREAS the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O., 1990, Chap. O.36, provides special powers to help animals in distress; and
WHEREAS the Ontario Police Services Act, R.S.O. 1990, C. P15, as amended, provides that Council may appoint Municipal By-Law Enforcement Officers to enforce all municipal bylaws; and
WHEREAS the Municipal Act, 2001 further authorizes a municipality amongst other things, to delegate its authority, to impose fees or charges, to provide for inspections, and to make orders to discontinue activity or to do work; and
WHEREAS Council for the Corporation of The Township of The North Shore deems it desirable to licence and regulate dogs, cats and other domestic animals within the Municipality, to enact a By-Law providing for control of and care of dogs, cats and other domestic animals within the Municipality, and deems it necessary and expedient to pass such a By-Law.
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## THE COUNCIL OF THE TOWNSHIP OF THE NORTH SHORE ENACTS AS FOLLOWS:
## PART 1 - DEFINITIONS
- 1.1 Short Title: The Short Title of the By-law is "Animal Control By-Law".
- 1.2 Enforcement of By-law: The By-law shall be enforced by the "Animal Control Officer" and may be enforced by any Police Officer or Agent or Inspector of the OSPCA.
- 1.3 "Animal Control Officer" includes the person or association who has entered into a contract with the Municipality to control dogs and cats and to operate a dog/cat pound and any servants of such person or association and all servants thereof are hereby appointed Municipal Law Enforcement Officers pursuant to Section 15, Subsection 1 & 2 of the Police Services Act, 1990, chapter 10, and pursuant to Bill 74, The Provincial Offences Act. Who shall be Peace Officers for the purpose of enforcing the animal control and dog and cat licensing Bylaw, the Dog Owners' Liability Act, R.S.O. 1990, c. D. 16 and related legal process serving.
- 1.4 "Cat" means a male or female feline of any breed of domesticated or crossbreed of domesticated cat.
- 1.5 "Dog" means a male or female dog.
- 1.6 "Kennel" means an establishment for the propagation or breeding of dogs, whether or not they are actually housed in a dedicated building, shed, garage, or in a private dwelling. A kennel includes all dogs housed on a property and includes any building, part of a building or area used for the keeping of dogs. A kennel shall also include a place where dogs or cats are housed temporarily for a fee.
- 1.7 "Licence Issuer" means the Clerk, or designate, of the Municipality.
- 1.8 "Licence Agent" means the Animal Control Agency.
- 1.9 "livestock" includes cattle, fur-bearing animals, goats, horses, sheep, pigs, donkeys, poultry and other animals, that are kept for agricultural purposes.
- 1.10 "Muzzle" means a humane device designed to fit over the mouth of a dog to prevent the dog from biting. A muzzled dog means a dog wearing a muzzle in the manner anticipated by the manufacturer of the muzzle.
- 1.11 "Owner" of a dog/cat includes a person who possesses or harbours a dog or a cat and "owns" and "owner" have corresponding meaning, and where the owner is a minor, the person responsible for the custody of the minor.
- 1.12 "Leash" means a chain, rope, or other restraining device of not more than two (2) metres.
- 1.13 "Vicious Dog" means a dog which has been declared to be vicious pursuant to Part 7 of this Bylaw.
- 1.14 "Domestic animal" means any domestic animal, including a dog or a cat.
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## PART 2 - LICENCING
- 2.1 No person in the Municipality shall own, harbour or possess a dog or cat unless or until he/she has procured a licence to do so as herein provided and every owner of a dog or cat shall be subject to the provision of the Bylaw.
- 2.2 The Animal Control Officer is hereby appointed Licence Agent, and authorized to issue under this Bylaw, and every such licence shall be issued for and on behalf of the Municipality and on behalf of the Licence Issuer by the Licence Agent.
- A licence shall be procured and issued or renewed pursuant to this Bylaw by applying to the Licence Agent for said Licence or renewed Licence as the case may be and by paying the Licence Agent the fee.
- 2.4 Any Licence procured, issued or renewed pursuant to this Bylaw shall be in the form of a dog or cat tag.
- 2.5 Every dog or cat tag must bear a serial number, year of issue and the name of the Licence Issuer or Licence Agent.
- 2.6 A record shall be kept by the Licence Agent showing the Name and Address of the owner and the serial number of the tag.
- 2.7 The owner shall keep the dog or cat tag securely fixed on the animal at all times until the tag is renewed or replaced, but the tag may be removed while the animal is within the premises of the owner. Failure to do so constitutes a breach of the Bylaw.
- 2.8 In the event the tag issued for a dog or cat is lost, the owner may obtain a second tag upon the payment of a fee.
- If there is a change of ownership of a dog or cat during the licence year, the licence holder shall notify the Licence Agent immediately of the change of ownership and the new owner must pay a licence transfer fee for this service. Failure to do so constitutes a breach of the Bylaw.
- Where a dog is a guide dog or a service animal as those terms are used in Ontario Regulation 429/07 under the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, as amended or replaced from time to time; no fee shall be charged for a licence and a tag under this Bylaw.
- Every licence issued pursuant to this Bylaw shall expire on the 31" day of December of the year in respect of which it was issued.
- 2.12 Every Licence shall be renewed yearly on or before the 15'h day of February and the fee to be paid to the Licence Agent.
- 2.13 A late fee, as specified in Schedule A, which schedule is hereby incorporated as part of this Bylaw, shall be applied to pet licenses purchased after February 15th of each year.
- 2.14 The licence fees to be paid to the Licence Agent at the time of the issuing of the Licence shall be specified in Schedule 'A', which schedule is hereby incorporated as part of this Bylaw.
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## PART 3 - KENNELS
- 3.1 No person in the Municipality shall operate, own, harbour or possess a kennel in the Municipality, or operate a boarding kennel until they have submitted to an inspection and the Animal Control Officer or other authorized employee or agent of the Municipality is satisfied they comply with the entirety Section 3.3 below and have paid an annual licence fee as specified in Schedule 'C' to the Clerk as a licence fee for the kennel. A person who operates a kennel where not permitted under Section 3.3 below, or operates a kennel without first obtaining a licence is in breach of this By-law.
- 3.2 Notwithstanding the provisions of section 2.12 and 2.14 above a person who qualified for a licence and has paid an annual licence fee under this section is not liable to pay, in respect of such pure-bred dogs in any licensed kennel, any other licence fee under this by-law.
- 3.3 Owners and operators of kennels shall comply with the following regulations:
- The licence shall expire on the 31% day of December. 3.3.1
- 3.3.2 Every licence shall be renewed yearly between the 1" day of January and th 15" day of February of the next year, inclusive. See schedule 'D
- 3.3.3 A Kennel shall be permitted only in premises zoned for the purpose of the boarding and breeding of dogs.
- 3.3.4 No Kennel shall be permitted on a property of less than 10 acres.
- 3.3.5 No Part of a Kennel shall be constructed or maintained closer than 30 metres from the nearest property line of any adjacent residence.
- 3.3.6 The floors of each room in which dogs are kept shall be:
- Constructed of an impermeable material and; 3.3.6.1
- 3.3.6.2 Flushed with water and deodorized with a suitable disintectant daily or more often if necessary and that the animals should be removed when this is being done, and;
- 120500 3.3.6.3 If such room is physically attached to a building used for human habitation, graded to an adequate drain which shall be connected to a municipal sewage system or sewage disposal system.
- 3.3.7 Each room that is used for the housing of dogs shall be equipped with a lighting system that is designed, constructed and maintained to:
- 3.3.7.1 Distribute light as evenly and with as little glare as possible and;
- 3.3.7.2 Provide adequate light for the proper observation of every animal in the room, and;
- 3.3.7.3 Adequately stay lit for a continuous period of at least eight hours in every twenty-four-hour period.
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- 3.3.8 Each room that is used for the housing of dogs shall provide ventilation for the health, welfare, and comfort of every dog by either:
- 3.3.8.1 Having an opening for natural ventilation with a minimum aggregate unobstructed free flow area of one percent (1%) of the floor area of the room, or;
- 3.3.8.2 Having a mechanical ventilation device in working order which changes the air at least two times each hour.
- 3.3.9 Each room that is used for the housing of dogs shall at all times, be maintained at a minimum temperature of nine degrees Celsius for the health, welfare and comfort of every dog therein.
- 3.3.10 Each cage or pen used for the housing of dogs shall be so constructed and maintained that:
- 3.3.10.1 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.
- 3.3.10.2 It is not likely to harm any therein.
- 3.3.10.3 Any dog therein cannot readily escape there from; and
- 3.3.10.4 It may be readily cleaned.
- 3.3.11 Each doorway, window, and outside openings shall be screened during the period of May 1st to October 1s' of each year.
- 3.3.12 The yards and runways shall be:
- 3.3.12.1 Fenced so any dogs therein cannot readily escape there from; and
- 3.3.12.2 Gravelled and well drained or;
- 3.3.12.3 Paved with concrete, asphalt, or other impermeable material.
- 3.3.12.4 Graded to an adequate drain or gutter, and;
- 3.3.12.5 Cleaned at least once daily when in use.
- 3.3.13 Each area in which dogs are kept shall, at all times be maintained in a clean and sanitary condition.
- 3.3.14 Excreta, dead animals, and other waste resulting from the keeping of dogs shall be removed daily from the premises.
- 3.3.15 The Medical Officer of Health for the District of Sudbury 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 of the above-mentioned dogs, whenever it appears to the Medical Officer of Health that it is necessary for the preservation of the public or for the abatement of anything dangerous or injurious to the public health.
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## 3.3.16 Every dog shall be supplied:
- 3.3.16.1 for the dog, and;
With food of a type and in amounts nutritionally adequate
- 3.3.16.2 With adequate amounts of potable water, and;
- 3.3.16.3 With medical service for any disease or injury from which
the dog may be suffering.
- 3.3.17 The owner, operator or a person designated by the owner or operator shall attend at the kennel at least once every 12 hours.
- 3.3.18 An Animal Control Officer or any other duly authorized person may enter upon and may inspect without notice any kennel or any place where dogs are kept at any reasonable time.
- 3.3.19 The Animal Control Officer or any other authorized person may revoke any licence where the owner or operator of the kennel does not comply with the provision of this By-law or any applicable municipal by-laws, provincial or federal statutes or regulations.
- 3.3.20 Where a kennel licence has been denied or revoked, the kennel owner may apply to the municipality for a hearing as to whether or not the kennel licence should be denied or revoked. An application for a hearing shall be filed with the Clerk within ten (10) business days of the date of delivery of the written notice that the kennel licence has been denied or revoked.
## PART 4 -ANIMALS AT LARGE
- No person shall, within the Municipality, fail to prohibit any dog for which he/she is the owner from being at large or permit a dog to be at large.
- No person shall within the Municipality fail to prohibit any cat of which they are the owner of to cause damage or create a nuisance while at large within the limits of the Municipality
- 4.3 No person shall within the Municipality permit a domestic animal for which they are the owner to be at large.
- For the purpose of this Bylaw, a dog or cat or domestic animal shall be deemed to be at large when found in any place other than the property of the owner of the dog, cat or domestic animal and not under the control of any person.
- For the purpose of the Bylaw, a dog, cat or domestic animal shall be deemed not to be under the control of any person when the dog, cat or domestic animal is not on a leash of a maximum length of two (2) metres held by a person, or is not on a leash which is securely affixed to some permanent structure from which the dog, cat or domestic animal cannot escape.
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- 4.6 No person shall allow or permit a dog, cat or domestic animal under his control or of which he is the registered owner to trespass on private property whether on a leash or not unless permission for said trespass is first obtained from the property owner.
- 4.7 No person shall allow or permit a dog, cat or domestic animal under his control or of which he is the registered owner to be on a Public Beach whether on a leash or not.
- 4.8 An Animal Control Officer, Police Officer or any Agent or Inspector of the OSPCA may:
- 4.8.1 Seize and impound any dog found at large or trespassing,
- 4.8.3 Restore possession of the dog or cat to the owner thereof where:
- Seize and impound any cat found at large or trespassing where: (i) In the opinion of the Peace Officer or Animal Control Officer, the cat is causing damage or is creating a nuisance; or (ii) In the opinion of the Peace Officer or Animal Control Officer, the cat is in distress, injured or ill, and;
- (i) The owner of the dog or cat, pays to the Peace Officer or Animal Control Officer a pound fee for a dog or cat seized, a maintenance fee for each day subsequent to the day of seizure that the dog or cat remains impounded and any veterinary fees incurred by the Animal Control Officer for the care of the animal, and;
- (ii) The owner has procured a current licence for the dog or cat pursuant to Part 2 Licensing of this Bylaw.
- 4.9 Where a dog or cat is seized and impounded under section 4.8 of this bylaw, the owner if known and whether the dog or cat is claimed from the pound or not, shall be liable for the pound, maintenance fees prescribed and any veterinary fees incurred by the Animal Control Officer for the care of the animal, and shall pay all fees on demand by the Animal Control Officer or Licence Agent.
- Where at the end of three (3) days, the dog or cat has not been restored to the owner, the Animal Control Officer may sell the dog or cat for such price as he deems reasonable, and no damages or compensation shall be recovered by the owner on account of its sale.
- 4.11 Where the owner of a dog or cat, has not claimed the dog or cat within three (3) days after its seizure, and where the dog or cat has not been sold, the Animal Control Officer may euthanize the dog or cat in a humane manner or otherwise dispose of the dog or cat as he sees fit in accordance with the provisions of the Province of Ontario Animals for Research Act as it relates to pounds and no damages or compensation shall be recovered by the dog or cat owner on account of it being euthanized or otherwise disposed of.
- 4.12 Where a dog or cat seized under section 4.9 of this bylaw is in distress, injured or ill and should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Peace Officer or Animal Control Officer may euthanize the dog or cat in a humane manner as soon after seizure as he thinks fit without permitting any person to reclaim the dog or cat or without offering it for sale, and no damages or compensation shall be recovered by the owner on account of its destruction.
- In the opinion of an Animal Control Officer, where a dog or cat cannot be captured and where the safety of persons or animals are endangered, an Animal Control Officer, Police Officer or Agent or Inspector of the OSPCA may destroy the dog or cat and no damages or compensation shall be recovered by the owner of the dog or cat for said destruction.
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- 4.16 Dogs or cats shall be accepted by the Animal Control Officer appointed by the Municipality.
- 4.17 Fees for the services outlined in Part 3 are as specified in schedule 'B', which schedule is hereby incorporated as part of this Bylaw.
## PART 5 - KEEPING OF DOGS AND CATS AND OTHER ANIMALS
- Every person who is the owner of a dog, cat or domestic animal at a time when the dog, cat or domestic animal fouls property anywhere within the Municipality, shall forthwith remove, or cause the removal of the excrement from such property and sanitarily dispose of the excrement. Failure to do so constitutes a breach of this Bylaw.
- Any person who has a dog on property other than their own property shall have in their possession a scoop, bag or other container for the immediate disposal of excrement.
- 5.3 Section 5.1 and 5.2 shall not apply to the owner of a a guide dog or a service animal as those terms are used in Ontario Regulation 429/07 under the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, as amended or replaced from time to time;
- 5.4 Every person who owns a dog or cat in the Municipality shall provide such dog or cat or cause it to be provided with such veterinary care, food, potable water, exercise, and attention as may be required from time to time to keep it in good health
- If a dog or cat is customarily kept out of doors, the person who owns such a dog or cat shall, at all times, provide for its use, a structurally sound, weatherproof enclosure with off the ground flooring.
- 5.6 No person shall in the Municipality keep a dog or cat tethered on a chain, rope or similar restraining device of less than 2.4 metres in length.
- 5.7 Every owner of an Unaltered female Dog or Cat in the Municipality shall, during each period that the Unaltered Dog or Unaltered Cat is in heat, keep it confined so that it will not attract other Dogs or Cats or Animals.
- 5.8 No person shall keep more than 2 dogs on any property in a Residential 1, 2 or 3 (R1, R2, R3) zone in the Municipality unless the keeping of the additional dog or dogs on the property does not exceed 72 hours, the dogs do not cause a nuisance, the owners of those dogs are not in violation of any other provision of this or any other law or statute of the Province of Ontario or by-law of the Municipality and keeping of the dog or dogs is not for the purpose of propagation, or for a fee.
- 5.9. No person shall keep livestock on any property in a Residential zone (R1, R2, R3, R4) or in any zone except where permitted in the zoning by-law in effect from time to time.
## PART 6 - NOISE
- No person shall in the Municipality cause or permit the persistent barking, calling or whining or other persistent noise making by any domestic pet, or any other animal kept or used for any purpose other than agriculture that may have the effect of disturbing the peace, quiet comfort or repose of any individual.
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## PART 7 - VICIOUS DOGS
- 7.1 No person shall in the Municipality cause or permit a dog, without provocation, to bite or attack a person or a domesticated animal. The Animal Control Officer may investigate any dog bite or attack incident. Where the Animal Control Officer is satisfied that the dog has, without provocation, bitten or attacked a person or a domesticated animal, he or she may declare the dog to be a vicious dog.
- 7.2 Where a dog has been declared a vicious dog, pursuant to section 7.1 of this bylaw, the dog owner shall be provided with a copy of a written declaration to that effect. See
- 7.3 Where a dog has been declared as a vicious dog, the dog owner may apply to the Municipality for a hearing as to whether or not the declaration should be revoked. An application for a hearing shall be filed with the Clerk with ten (10) business days of the date of delivery of the notice of declaration.
- 7.4 No person shall, within the Municipality, fail to restrain a vicious dog for which he/she is the owner.
- 7.5 For the purpose of this bylaw where restrain is used in connection with a vicious dog at the owner's property shall be deemed to mean:
- 7.5.1 Lept indoors in a manner respective of its environmental needs whick revents contact with persons who have not consented to contact; o
- 7.5.2 Kept in a pen or other outdoor enclosure respective of its environmental needs which prevents the dog from:
- Leaving the owners household (except in accordance with the provisions of this Bylaw), and;
- 7.5.2.1 household. Coming into contact with persons who are not at the owner's
- 7.6 For the purpose of this bylaw where restrain is used in connection with a vicious dog at a place other than the owner's property it shall be deemed to mean:
- 7.6.1 Vicious dog muzzled, leashed and under the control of a person.
- 7.7 Every person who owns a vicious dog, upon relocation of his or her residence, shall immediately notify the Licence Agent of the change of address. Failure to do so constitutes a breach of this Bylaw.
## PART 8 - PROTECTIVE CARE
- 8.1 A Peace Officer or Animal Control Officer is authorized, upon request of a Police Officer, to impound a dog or cat for protective care purposes, pursuant to an incarceration, fire, medical emergency or for any other situation that the Peace Officer or Animal Control Officer deems appropriate and to keep such animals for a maximum of five days.
- 8.2 Where a dog or cat is seized and impounded, or impounded for protective care, the owner if known and whether the dog or cat is claimed from the pound or not, shall be liable for the impound and maintenance fees prescribed in Schedule 'B' and shall pay all fees on demand by the Peace Officer or Animal Control Officer.
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- 8.3 In the event that the owner of the dog or cat impounded for protective care does not claim the dog or cat and pay the impound and maintenance fees in accordance with Schedule 'B' within five days, then on the sixth day, the dog or cat shall be deemed to have been impounded at large in accordance with PART 4 - ANIMALS AT LARGE
## PART 9 - GENERAL
- 9.1 Hearing Panel: The Council of the Township of The North Shore is the Standing Committee for Animal Control, or such persons as that Committee may designate, to hear matters arising out of Part 3, Part 5 or Part 7.
- 9.2 No person shall, forcibly retrieve a dog or cat from an Animal Control Officer, Police Officer or Agent or Inspector of the OSPCA or a vehicle under an Officer's control.
- 9.3 No person shall forcibly retrieve a dog or cat from the pound keeper, an Animal Control Officer or, break and enter into a patrol vehicle of the Animal Control Enforcement Agency, Police Department or the OSPCA or retrieve a dog or cat without payment in full of all fees and charges required to be paid under this Bylaw.
- 9.4 If any Part, Section, Subsection, Clause or Paragraph of this Bylaw is, for any reasons, held invalid, such portion shall be deemed separate, distinct, and independent and such holding shall not affect the validity of the Bylaw as a whole or any part thereof, other than the provisions so declared to be invalid.
- Any person who contravenes any of the provisions of this Bylaw is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act
- 9.6 Bylaw 23-51 is hereby repealed.
Read a first, second and third time, enacted and passed this 16" day of August 2023.
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I certify that this document is a true copy of the original
signed: papshreder
Date: Angust 18,2023
ony Moo
Rachel Schneider, Clerk
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## LICENCE FEE
Dog Licence Fee -$20.00
Cat Licence Fee - $20.00
For Senior Citizens (over 65 years of age)
Cat Licence fee - $10.00
Dog Licence fee -$10.00
## LATE FEE:
Licence Applications received after Feb. 15, add $10.00 to each licence fee - unless the animal was newly acquired in the previous seven days.
## MISCELLANEOUS
Service Animals
Replacement Tag
Transfer
- no charge
- $5.00
- $5.00
By-Law 23-57
Schedule 'A'
Licence Fees
## By-Law 23-57 Schedule 'B' Animal Control Service Fees
## 1. Cat or Dog Redemption:
Impound
$50.00
2. Per Diem Animal Maintenance Fee
$15.00*
3. Animal Surrender Fee Dogs
$120.00*
4. Animal Surrender Fee Cats
$60.00*
- *Subject to HST.
1. Kennel Licence Fee
## By-Law 23-57 Schedule 'C' Other Licence Fees
$100.00
## By-Law 23-57 Schedule 'D' Kennel Licence Application
Kennel Name
Application:
New
AKC
Or
- [ ] Renewal
Other
Registration affiliation:
CKC
Applicant
Full Address
Location: Lot
Kennel Premises: Separate
Building
Year Established
Phone #
Conc.
Twp.
Part of Building
Distance to Closest Property
Line
Zoning
Purpose of Kennel: Breeding or Raising of Dogs
- [ ] Boarding
- [ ] Other
Kennel Premises: Briefly describe facilities: (include floor area, material, number of windows, plumbing, running water, electrical, types of cages, outside runs)
Annual fee of $100 must be enclosed, payable to the Township of the North Shore.
I Hereby give permission to the Township of the North Shore Animal Control Officer or other duly authorized person to enter at any time, this kennel and the lands upon which the kennel is situated for the purpose of inspection.
Date
Signature of Applicant
## By-Law 23-57 Schedule 'E' VICIOUS DOG DECLARATION
Owner's Name
Animal Name
Address
Licence Number
Breed
Colour
Age
An investigation of an incident involving your above-described animal, and:
Victim:
Address
Sex
On (date) an investigation was conducted, and it has been determined that your animal has bitten or attached a person/domestic animal in an unprovoked attack
Accordingly, this animal is therefore declared 'vicious' pursuant to Bylaw 19-06 as may be Amended, and you, as the owner, are hereby notified that if you wish to keep this dog in the Township of The North Shore you must:
1. Keep the dog muzzled, leashed and under the control of a person at least 16 years old at all times when it is off your property.
2. At all times, when on your property or on the property of the person who has the care and control of the dog, the dog must be restrained. This is accomplished by keeping the animal inside a building, or house, or in an enclosed pen or other enclosed area of sufficient dimension and strength to be humane. And to prevent the dog from either leaving the building or property or from coming in contact with persons who are not at that building or property.
3. If you transfer ownership or possession of this dog or relocate your place of residence within the Township of The North Shore, you must immediately notify the Animal Control Agency.
Contravention of By-Law 19-06, as may be amended, may result in prosecution of you, as the owner of a vicious dog, and if convicted, a fine of up to five thousand dollars ($5,000) may be levied for each offence. You may appeal this Declaration by making Application to the Township Clerk within ten (10) business days of the date of delivery of this Notice of Declaration.
Animal Control Officer:
Notice was served upon:
By:
Date of Declaration
At:
Time:
## Township of the North Shore
"Part 1 Provincial Offences Act"
## By-Law 23-57
## Registration of Dogs and Cats and Animal Contro
| ITEM | COLUMN 1 Short Form Wording | COLUMN 2 Provision creating or defining offence | COLUMN 3 Set Fine |
|--------|-------------------------------------------------------------|---------------------------------------------------|---------------------|
| 1 | Failure to procure a licence | Section 2.1 | |
| 2 | Failure to affix the dog or cat tag | Section 2.7 | |
| 3 | Failure to notify change of ownership | Section 2.9 | |
| 4 | Operate Kennel in contravention of By-Law | Section 3.3 | |
| 5 | Operate a Kennel without a license | Section 3.1 | |
| 6 | Fail to prohibit dog from being at large | Section 4.1 | |
| 7 | Fail to prevent a cat from causing a nuisance | Section 4.2 | |
| 8 | Fail to clean up and dispose of dog or cat excrement | Section 5.1 | |
| 9 | Fail to possess a means of disposing of excrement | Section 5.2 | |
| 10 | Fail to keep dog or cat in good health | Section 5.4 | |
| 11 | Fail to provide outside enclosure | Section 5.5 | |
| 12 | Keep dog or cat on improper chain or rope | Section 5.6 | |
| 13 | Keep more than two dogs where not permitted | Section 5.8 | |
| 14 | Keep livestock where not permitted | Section 5.9 | |
| 15 | Permit dog, cat or other animal to cause a disturbing noise | Section 6.1 | |
| 16 | Permit dog or cat to bite or attack without provocation | Section 7.1 | |
| Fail to restrain a vicious dog | Section 7.4 | 17 |
|--------------------------------------------------------------------|---------------|------|
| Fail to notify change of address for vicious dog | Section 7.7 | 18 |
| Forcibly retrieve dog or cat from Animal Control (officer/vehicle) | Section 9.2 | 19 |
a certified copy of which has been filed.
NOTE: The penalty provision for the offences indicated above is Section 9.5 of By-Law 23-57, OFFICE OF THE REGIONAL SENIOR JUSTICE ONTARIO COURT OF JUSTICE NORTHEAST REGION
159 CEDAR STREET 3" FLOOR, SUITE 303 SUDBURY, ONTARIO P3E 6AS
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August 28, 2023
Rachel Schneider, Clerk/Deputy Treasurer Township of the North Shore 1385 Highway 17 P.O. Box 108 Algoma Mills, ON POR 1AO
Dear Ms. Schneider:
Re: Set Fine Application - Provincial Offences Act Part / - Township of the North Shore, Algoma Region
Enclosed herewith is an original Order and original schedule of set fines for By-law No. 235r, the By-law indicated in the schedule. Please ensure that a copy of the said documents is forwarded to the Provincial Offences Office, which has jurisdiction for the Township of The North Shore.
The setting of the fines does not constitute my approval of the short form of wording used to describe the offences.
I have forwarded the copy of the Orders and the schedules of these set fines to the Ontario Court of Justice in Sault Ste. Marie, together with a certified copy of the By-Law.
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Yours truly,
Karan fische
KAREN LISCHE REGIONAL SENIOR JUSTICE ONTARIO COURT OF JUSTICE
KLL/hrd
encl.
c.c.: His Worship Gary McMahon, Regional Senior Justice of the Peace Her Worship Jill Morris, Local Administrative Justice of the Peace
CABINET DU JUGE PRINCIPALE RÉGIONALE COUR DE JUSTICE DE L'ONTARIO RÉGION DU NORD-EST
159, RUE CEDAR 3· ETAGE, BUREAU 303 SUDBURY (ONTARIO) P3E 6A5
TELEPHONE/TÉLÉPHONE (705) 564-7624 FAX/TÉLECOPIEUR (705) 564-7620
OFFICE OF THE REGIONAL SENIOR JUSTICE ONTARIO COURT OF JUSTICE NORTHEAST REGION
159 CEDAR STREET 3rd FLOOR, SUITE 303 SUDBURY, ONTARIO P3E 6A5
August 28, 2023
Melissa Adams, Crown Counsel Crown Law Office, Criminal 720 Bay Street, 10th floor Toronto, Ontario M5G 2S9
Dear Ms. Adams:
Re: Set Fine Application - Provincial Offences Act Part / - Township of the North Shore, Algoma Region
Please find enclosed a copy of Order dated August 28, 2023 and a copy of a letter to Ms. Rachel Schneider, Clerk/Deputy Treasurer for the Township of the North Shore.
Should you have any questions, please do not hesitate to contact me at (705) 564-7624.
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Yours truly,
Koum Resche
KAREN LISCHE REGIONAL SENIOR JUSTICE ONTARIO COURT OF JUSTICE
KLL/hrd
encl.
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CABINET DU JUGE PRINCIPALE RÉGIONALE COUR DE JUSTICE DE L'ONTARIO RÉGION DU NORD-EST
159, RUE CEDAR 3' ETAGE, BUREAU 303 SUDBURY (ONTARIO) P3E 6A5
TELEPHONE/TÉLÉPHONE (705) 564-7624 FAX/TÉLÉCOPIEUR (705) 564-7620
OFFICE OF THE REGIONAL SENIOR JUSTICE ONTARIO COURT OF JUSTICE NORTHEAST REGION
159 CEDAR STREET 3ª FLOOR, SUITE 303 SUDBURY, ONTARIO P3E 6A5
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## PROVINCIAL OFFENCES ACT
## Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice, that the amount set opposite each of the offences in the schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-Law No. 23-57, of the Township of the North Shore, Algoma Region, attached hereto is the set fine for that offence. This Order is to take effect August 28th, 2023.
Dated at the City of Greater Sudbury, this 28th day of August, 2023.
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Koum Resch
KAREN LISCHE REGIONAL SENIOR JUSTICE ONTARIO COURT OF JUSTICE
CABINET DU JUGE PRINCIPALE RÉGIONALE COUR DE JUSTICE DE L'ONTARIO RÉGION DU NORD-EST
159, RUE CEDAR 3· ETAGE, BUREAU 303 SUDBURY (ONTARIO) P3E 6A5
TELEPHONE/TÉLÉPHONE (705) 564-7624 FAX/TÉLÉCOPIEUR (705) 564-7620
## Township of the North Shore
"Part 1 Provincial Offences Act"
## Registration of Dogs and Cats and Animal Control
| ITEM | COLUMN 1 Short Form Wording | COLUMN 2 Provision creating or defining offence | COLUMN 3 Set Fine |
|--------|-------------------------------------------------------------|---------------------------------------------------|---------------------|
| 1 | Failure to procure a licence | Section 2.1 | $100.00 |
| 2 | Failure to affix the dog or cat tag | Section 2.7 | $100.00 |
| 3 | Failure to notify change of ownership | Section 2.9 | $100.00 |
| 4 | Operate Kennel in contravention of By-Law | Section 3.3 | $100.00 |
| 5 | Operate a Kennel without a license | Section 3.1 | $500.00 |
| 6 | Fail to prohibit dog from being at large | Section 4.1 | $200.00 |
| 7 | Fail to prevent a cat from causing a nuisance | Section 4.2 | $200.00 |
| 8 | Fail to clean up and dispose of dog or cat excrement | Section 5.1 | $200.00 |
| 9 | Fail to possess a means of disposing of excrement | Section 5.2 | $100.00 |
| 10 | Fail to keep dog or cat in good health | Section 5.4 | $200.00 |
| 11 | Fail to provide outside enclosure | Section 5.5 | $200.00 |
| 12 | Keep dog or cat on improper chain or rope | Section 5.6 | $200.00 |
| 13 | Keep more than two dogs where not permitted | Section 5.8 | $200.00 |
| 14 | Keep livestock where not permitted | Section 5.9 | $500.00 |
| 15 | Permit dog, cat or other animal to cause a disturbing noise | Section 6.1 | $200.00 |
| 16 | Permit dog or cat to bite or attack without provocation | Section 7.1 | $300.00 |
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| 17 | Fail to restrain a vicious dog | Section 7.4 | $300.00 |
|------|--------------------------------------------------|---------------|-----------|
| 18 | Fail to notify change of address for vicious dog | Section 7.7 | $100.00 |
| 19 | Forcibly retrieve dog or cat from Animal | Section 9.2 | $300.00 |
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