THE CORPORATION OF THE TOWNSHIP
OF RIDEAU LAKES
BEING a By-Law to amend By-Law Number 2004-170,
to provide for prohibiting or regulating the keeping of animals within the
WHEREAS Council deems it necessary to amend
By-Law Number 2004-170, Section 3, Kennels, to add Section 3 a 1), as set out
hereto in Section 3;
AND WHEREAS pursuant to Section 3(a) By-Law
Number 2004-170 a licence is required for the operation of a kennel;
AND WHEREAS pursuant to Section 151(1)(c)
of the Municipal Act S.O. 2011, c25, Council may impose conditions as a
requirement of obtaining, continuing to hold or renewing a licence;
AND WHEREAS pursuant to Section 151(1)(d)
of the Municipal Act S.O. 2001, c25, Council may impose special conditions on a
business in a class that have not been imposed on all of the businesses in that
class in order to obtain, continue to hold or renew a licence;
AND WHEREAS Section 11, 103 and 105 of the
Municipal Act, S.O. 2001, c.25 as amended, authorizes Council to pass By-Laws:
for prohibiting or regulating the keeping of
animals within the municipality;
for regulating establishments for the breeding
or boarding of animals within the municipality;
for providing sufficient yards and enclosures
for the keeping of such animals as it may be the duty of pound keeper to
for providing for animal identification systems
and for requiring owners to identify their animals by those systems and for
charging such fees as may be set out in the by-law;
for determining the compensation to be allowed
for services rendered in carrying out the provisions of any Act with respect to
for requiring an owner of a dog to keep the dog
leashed and under control when the dog is on land in the municipality other
than land of the owner unless with the prior consent of the person owning the
for requiring an owner of dog to remove
excrement left by the dog and for excluding from operation of the by-law such
classes of physically handicapped persons as may be set out in the by-law;
for requiring the muzzling or leashing of a dog
after it has bitten a person or domestic animal;
for licensing and regulating and requiring the
registration of dogs and for imposing a license fee on the owners of them; and
for prohibiting or regulating the running at
large of dogs in the municipality, for seizing and impounding, for killing dogs
running at large contrary to the by-law and for selling dogs so impounded at
such time and in such manner as may be provided in the by-law.
Section 1 DEFINITIONS
For the purpose of this By-Law
the following definitions apply:
OFFICER - shall mean that person appointed by
By-Law of the Corporation to undertake the control of dogs within the Township.
ANIMAL SHELTER - shall mean any premises designated by the Corporation for the
purpose of impounding and caring for animals taken up by the agents of the
AT LARGE - a dog shall be deemed to be running at large if found in any place
other than the premises of the owner of the dog and not under the control of
CONTROL - shall mean having at all times, the ability to manage, direct,
restrict and restrain the movements of a dog.
CORPORATION - shall mean The Corporation of the Township of Rideau Lakes.
DOG - shall mean a domesticated canine, dog or dogs, male or female six
months of age or older, and includes any dog or dogs spayed or neutered.
ISSUER - shall mean a person or persons employed by
the Corporation for the purpose of implanting, registration and/or issuance of
a dog licence.
DOG TAG – shall mean a tag bearing a serial number and the year it was
GUIDE DOG – shall mean any dog trained as a guide dog for a blind person and
having the qualifications prescribed by the regulations under the Blind
Person’s Rights Act, and shall also include a dog professionally trained as a
guide dog for other physically disabled persons.
KENNEL – means a building or structure where animals are boarded, bred,
trained, given medical treatment or housed for similar purposes for which
compensation is paid. A kennel shall include, but is not restricted to a
pound, a kennel for the keeping of hunting dogs, a Humane Society shelter or a
breeding kennel registered with the Canadian Kennel Club. Notwithstanding, a
kennel does not include a municipal pound which has been designated by the
Township of Rideau Lakes for use by an appointed Municipal Law Enforcement
LEASH - shall mean a restraining device of sufficient strength and
material that securely attaches the dog to a person or object.
LEASHED – shall mean a dog on a leash.
MUZZLE – shall mean a humane fastening or covering device of adequate
strength over the mouth to prevent a dog from biting.
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 corresponding meaning.
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.
LARGE - means found in any place other than the
premises of the owner of the dog and not under the control of any person.
SANITIZE – means to
clean for the purpose of controlling disease producing
“sanitized” has a corresponding meaning.
TOWNSHIP - shall mean of the Township of Rideau Lakes.
VICIOUS DOG – shall
a dog which without provocation has bitten a
person, domestic animal or domestic fowl, or
any dog with a known propensity, tendency or
disposition to attack without provocation a person, domestic animal, or
WASTE – shall mean: excrement or feces.
Section 2. LICENSING
No person shall own, keep or harbour any dog
within the limits of the Township, unless he/she has obtained a licence for
Every dog brought into the Township shall be
licensed and registered by its owner within two (2) weeks of being brought into
Every dog born in the Township shall be licensed
and registered by its owner within six (6) months after its date of birth.
The Dog License Issuer will collect fees for the
dog license tags before the end of March of each year.
Upon payment of the licence fee in full, the Dog
Licence Issuer shall provide the owner with a dog tag and a record shall be
kept by the Corporation showing the name, address and phone number of the owner
and the serial number of the tag, and a complete description of the animal.
Each licence for a dog unless specifically
expressed to be for a shorter period and unless suspended or revoked, shall
remain in force for a period of twelve months from the date the licence is
owner shall keep the dog tag securely fastened on the dog at all times until the
tag is renewed or replaced, but the tag may be removed while the dog is
It is an offence to use a tag upon a dog,
other than the dog for which it was issued.
The Dog Licence Issuer shall turn over to
the Treasurer of The Corporation, all money paid to him/her under this
When a certificate is produced from the
Canadian National Institute for the Blind, stating that a dog is being used
as a guide dog for a blind person, no fee shall be charged for a license
Section 3 KENNELS
person shall operate a kennel in the Township unless
has obtained a licence for such kennel under the
of this By-Law and such kennel meets the requirements.
That conditions may be placed on a kennel
licence which do not apply to all licences in that class in cases where Council
has requested or approved such conditions.
b) When a
kennel is to be established, the owner of the kennel
shall be required
to enter into a Site Plan Control Agreement with The Corporation that
includes screening sufficient to minimize the effects of noise from the kennel.
licence for a kennel shall not be issued until the licence fee provided
in this By-Law has been paid and the applicant has complied
with the provisions of this By-Law.
licence for a kennel, unless specifically expressed to be for a shorter period,
and unless suspended or revoked, shall remain in force for a twelve-month
period from the date the licence is issued.
All fencing and runs for kennels shall be
built as follows:
A fence or its equivalent which is to form
or part thereof shall be of;
Chain link construction
A fence of chain link construction, six
feet (6’) 1.8m) high, shall:
a mesh not greater than 2” (5.08m) consisting
12 ga. Galvanized steel wire, or a 14 ga. Steel wire covered
with vinyl or other approved plastic which would yield
a total thickness equivalent to 12 ga. steel wire.
be supported by a minimum of ½” (1.27cm) galvanized
steel posts, spaced not more than ten feet (10’) (3.048m) apart. Such posts
must extend at least three feet (3’) (.914m) below grade or to bed rock and be
encased in concrete at least two inches (2’) (5.08cm) thick all around.
have top and bottom rails firmly fastened to
posts, made of a minimum of 1-1/4” (3.18cm) galvanized
steel pipe. NOTE: Galvanized steel tension wire,
9 ga. may be substituted for the bottom rail.
A fence (or its equivalent) of any other
construction which might yield an equivalent or greater degree of security
and strength, may be approved by the Animal Control Officer upon the
receipt of completed plans and specifications for said fence.
Gates which form a part of the kennel
enclosure shall be:
such height and of such construction as to provide a degree of safety
and rigidity equivalent to or greater than that of required fence.
supported on substantial hinges;
self-closing, self-latching with the latching
device at the top of and on the inside of the gate.
All fences, walls, gates and entrances
forming part of a kennel enclosure shall be constructed or erected and
shall be maintained at all times to the standards and specifications
set out it this By-Law.
All kennels operated in the Township shall
maintain dogs in a clean, secure and humane manner and shall comply
with the following standards:
cages and/or dog houses shall be constructed so as to be easily cleaned.
All surfaces of yards and runways shall be
covered in concrete, asphalt, fine gravel or other material which can be
easily cleaned or raked.
All doorways and windows and outside
openings shall be screened and provide an effective barrier against
the escape of any dog.
All kennels must at all times be
maintained in a clean, sanitary condition.
dead animals and other waste resulting from the operation of a
kennel shall be removed daily from the premises in an environmentally
to a license being issued, the Animal Control Officer shall conduct an
inspection of the kennel or a review of the plans for the proposed kennel,
as the case may be, for the purpose of determining that the kennel or
proposed kennel complies with the requirements of this by-law and the owner
shall provide the Animal Control Officer with such information and such
access to the premises as he or she may reasonably require in order to
conduct the inspection or review.
If the Animal control Officer is not
satisfied he/she will refer the matter to Council who, if they concur, may
hire a qualified person to advise on the adequacy of the kennel in
in the opinion of the Animal Control Officer, any
does not comply with the provisions of this By-Law or creates
or is likely to create a public health concern, nuisance or unsanitary
condition, he/she shall require the owner of the kennel to
abate the nuisance or rectify the conditions within a reasonable period
of time after notice in writing to the owner.
2) If the
owner fails to abate the nuisance or rectify the
specified by the Animal Control Officer
shall be deemed to be contravening the provisions
3) In addition to any other remedies available to the
Municipality, if the owner fails to carry out such work necessary to correct
the situation, the municipality may carry out the work at the owner’s expense
and any costs incurred by it in doing the work shall be collected in like
manner as taxes.
kennel licence may be suspended or revoked by Council on
of the Animal Control Officer, if in his/her
opinion, the kennel
does not comply with the provisions of this By-
Whenever this By-Law, any duty is imposed
upon the Animal Control Officer related to the inspection of kennel
premises, the Animal Control Officer, at his/her discretion, considers
that professional advice is necessary or desirable, he/she may retain
the services of a qualified veterinarian entitled to practice his/her
profession in Ontario to advise him/her and to make a report to
Council and then the kennel owner. The By-Law Enforcement Officer shall be
guided by such professional advice and report. If the required
corrections are not done by the owner, the work will be done by the
municipality and collected as taxes on the property.
Section 4 LICENCE FEES
a) Annual Licence Fees
shall be as per Schedule “A”
Section 5 PUBLIC
person who owns or harbours a dog within the Township of Rideau Lakes
shall permit such a dog to become a public nuisance.
A dog shall be considered a public nuisance if:
It persistently barks or howls and interferes
with the normal enjoyment of another persons property; or
It causes damage to public or private property,
including injury to livestock and poultry; or
It interferes with or dumps or scatters
It persistently chases pedestrians, cyclists or
motor vehicles, using public or private property adjacent to the property where
the dog is kept.
Section 6 DOGS RUNNING AT LARGE
owner of a dog shall keep the dog leashed and under the control of some
person when the dog is on land in the municipality other than that of the
owner, unless prior consent is given by the person owning the land on which
the dog is found. Farm dogs and hunting dogs under the control of any
person and acting in accordance with acceptable behavior shall not be deemed
to be running at large when found in any place other than the premises
of the owner.
No owner shall allow his/her dog to
urinate on any property, other than the property of its owner, or
other property by permission, nor to defecate on any such property,
unless the droppings are forthwith cleaned up.
No owner shall allow a dog to run at large
in the Township of Rideau Lakes and any dogs running at large shall be
liable to be seized, impounded and disposed of as hereinafter
Where an Animal Control Officer is unable
to seize a dog that is running at large contrary to the provisions of this
by-law, he/she may kill the dog.
Where an Animal Control Officer finds a
dog running at large contrary to the provisions of this By-Law, and he/she
believes that before the dog is seized, it may attack a human being, he/she
may kill the dog.
Where any person finds a dog running at
large contrary to the provisions of this by-law and the dog is in the act of
attacking or threatening to attack a human being, he/she may kill
g) A dog
which is found, with or without a tag, running at large, may be seized
and impounded by the Animal Control Officer of the municipality. If
called for within five (5) clear days from the time of being seized and impounded,
the dog shall be released to the owner upon payment of compensation
for each day in which the dog has been impounded, such sum to be
determined by and paid to the poundkeeper. The owner of any such dog may
also be charged with an offence as per Section 14 of this By-Law.
Any dog seized and impounded and not
called for by the owner thereof within five (5) clear days from the time of
such seizure and impounding, may be disposed of in the manner hereinafter
provided or be sold by the poundkeeper.
Any dog so sold shall be properly licensed
and registered to the new owner and accompanied by the bill of sale
and receipt for payment of same which shall vest title of any such dog in
the new owner.
Any dog seized and impounded for running
at large and not redeemed by the owner thereof, as herein before provided, or
not sold by the poundkeeper after the expiration of five (5) days,
shall be destroyed in a humane manner.
k) Where a dog seized and impounded bears a tag issued by
the Corporation, the Animal Control Officer shall search the register kept for
that purpose and notify the registered owner thereof within a reasonable time
and cite the section or sections of this by-law which have been violated and
shall indicate the location of the dog pound,
section 6 (subsections 8 and 10) of this By-Law to the contrary, any dog
bearing a tag issued by the Township of Rideau Lakes when seized and
impounded shall not be destroyed or sold until the expiration of seventy-two
(72) hours after the owner thereof has been notified as hereinbefore
m) A statement of the recipients of dog tag licenses, bearing the
names and addresses and description of the dog so licensed shall be
forwarded to the Animal Control Officer on a regular schedule by the
No dog seized or impounded shall be
released to the owner or sold or given to any person unless or until it
is properly registered, the impound fee and reclaim fee (where owner
reclaims dog) is paid and a tag securely fixed on the dog.
Section 7 DOG BITES
person or owner of a dog shall take all precautions necessary to prevent
the dog from biting or attacking any person or fighting with, attacking,
or biting any dog, domestic animal or domestic fowl, whether on
private or public property.
When a dog has bitten or attacked a
person, or fought with, bitten or attacked a dog, domestic animal or
domestic fowl, the owner shall cause the dog to remain muzzled or leashed
until such time as the incident has been reviewed by the Animal Control
Officer. As a result of his/her review, if in his/her opinion, the
dog has fought, bitten or attacked without provocation, the Animal
Control Officer may rule that the dog is a vicious dog, and at
his/her discretion, may commence proceedings under the Dog Owner’s
Liability Act, whereby at the discretion of the Judge, penalties ranging
from a fine to an order to destroy the dog, may be imposed.
Section 8 VICIOUS
owner of a vicious dog shall at all times, 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 causing injury
to any person, dog, domestic animal, or domestic fowl entering onto
the owners land.
The vicious dog shall be located wholly within a
fenced area and any gate in such fenced area shall be locked at all times when
a vicious dog is in the fenced area.
When the vicious dog is kept in an enclosed run
or pen, such run or pen shall be built in accordance with the information in
this By-Law under Kennels, except that said run shall be enclosed on all four
(4) sides and its top shall be of material of the same or greater strength than
that of the sides.
The dog shall be muzzled so as to prevent if
from biting a person or animal and securely leashed or chained. The leash
shall not exceed 9 metres in length.
It is the owner’s responsibility to ensure
that any person who is left with the charge of a vicious dog is fully
capable of controlling the dog with strength and knowledge.
The owner of a vicious dog shall at all
times when the dog is outside the boundaries of its owner’s land keep the
dog leashed and muzzled so as to prevent it from biting.
No person shall permit a dog to attack, or
bite any person, or to attack, bite or fight with any dog, domestic
animal or domestic fowl.
Every owner of a vicious dog shall at the
time the dog is licensed, inform the Dog Licence Issuer that the dog is
Immediately upon the transfer of a vicious
dog from one owner to another, the owners shall notify the Dog
Every owner of a vicious dog shall post a
sign in a conspicuous place on his property stating that there is a vicious
dog on the premises.
If the dog owner fails to comply to any of
the above, the Animal Control Officer may commence proceedings under the Dog
Owners Liability Act.
Section 9. WASTE
a) No person having control of a
dog or the owner of a dog shall allow the dog to
defecate on either private property or property of The Corporation without
completely picking up all of the waste before leaving the scene and
disposing of such waste on his or her own property.
This section shall not apply to a seeing
eye dog while on a leash and actually in use in providing assistance
to a person with impaired vision or to a disabled person as defined
Section 10 ANIMAL PROVISIONS
OF DOGS - GENERAL
dog shall be:
in an humane manner, and
Kept so that:
the transfer of pathogenic agents is minimized;
there are no offensive odours, or odours which
cage, pen or other such enclosure used for the housing of a dog when
kept as a pet or for hobby purposes, shall be so constructed and maintained
Every dog in a cage or pen may comfortably;
extend its legs to their full natural extent;
lie down in a fully extended position; and
be provided with adequate space for exercise
purposes. The length of chain for tethering purposes shall be a minimum of
three (3) meters.
Section 11 CONTROL OF DISEASED DOGS
a) When a
dog is known to have bitten a person the Medical Officer of Health
may order the agent for The Corporation of the Township of Rideau
Lakes to confine the dog under supervised quarantine for a period not
to exceed the (10) days in accordance with the Public Health Act.
i) Any dog suspected of being rabid shall be placed in
quarantine where possible, pending its
disposition by the Health of Animals Branch of
When a dog is seized, impounded or destroyed
under the provisions of this section, no damages or compensation shall be
recoverable by the owner thereof.
Section 12 INTERFERENCE
person shall interfere with, hinder or molest any agent of The Corporation
in the performance of any duty as such agent.
Section 13 ENFORCEMENT
Animal Control Officer shall enforce this by-law and arrange for a suitable
place as a pound and keep records of all calls, dogs seized and impounded.
The Animal Control Officer is hereby authorized
in the course of his/her duties of seizing and impounding dogs running at
large contrary to this by- law, to use such reasonable means at his/her
disposal to seize and impound such dogs as may be required by the
Section 14 VIOLATIONS AND PENALTIES
a) Every person who contravenes any provision of this By-Law
is guilty of an offence and upon conviction is
liable to a fine pursuant to The Provincial
Upon registering a conviction for a
contravention of any provision of this By-Law, the Ontario Court, Provincial
Division, may in addition to any penalty imposed by this By-Law, make
an order prohibiting the continuation or repetition of the offence by the
Section 15 VALIDITY
a) If any
section, clause or provision of this By-Law including anything contained
in any schedule attached hereto, is for any reason declared by a court
of competent jurisdiction, to be invalid, the same shall not affect the validity
of the By-Law as a whole or any part thereof, other than the section,
clause or provision so declared to be invalid and it is hereby declared
to be the intention that all the remaining sections, clauses or provisions
of the By-Law shall remain n full force and effect until repealed,
not withstanding that one or more provisions thereof shall have been
This By-Law repeals any previous By-Laws,
Resolutions, Motions or
Actions of Council - 2000-18 and 2004-170 -
This By-Law shall come into force and take
effect immediately upon the day of final passing thereof.
first and second time this 6th day of February 2012.
Ronald E. Holman Dianna
READ a third time and finally passed this 6th
day of February, 2012.
Ronald E. Holman Dianna
SCHEDULE “A” TO BY-LAW NUMBER 2012-3
All Dog Tags $15.50
Reclaim Fee $92.50
The owner of a
kennel shall pay an annual license fee of $159.00 to the Clerk of the
Municipality as a license fee for all dogs kept or boarded at the kennel.