BEING A BY-LAW TO REGULATE THE KEEPING OF ANIMALS WITHIN THE MUNICIPALITY AND FOR PROVIDING FOR AN ANIMAL IDENTIFICATION SYSTEM AND FOR THE REGISTRATION AND REGULATION OF DOGS AND CATS
WHEREAS the Councils of Municipalities are authorized by Section 210(1) of the Municipal Act, RS.O. 1990, c.M-45 to prohibit or regulate the keeping of animals or any class thereof within the Municipality or defined areas thereof;
AND WHEREAS Councils of Municipalities are authorized by Section 210(2) of the Municipal Act, RS.O. 1990, cM-45 to pass By-laws to regulate establishments for the breeding or boarding of animals, within the Municipality or defined areas thereof;
AND WHEREAS Councils of Municipalities are authorized by Section 210(4) of the Municipal Act, RS.O. 1990, cM-45 to pass By-laws to prohibit or regulate within any part of the Municipality the being at large or trespassing of animals other than dogs;
AND WHEREAS the Councils of Municipalities are authorized under Section 210(5) of the Municipal Act, RS.O. 1990, cM-45 to pass By-laws providing for animal identification systems and for charging such fees as may be set out in a By-law in respect of the identification system;
AND WHEREAS Councils of Municipalities are authorized by Section 210(8) of the Municipal Act, RS.O. 1990, cM-45 to pass By-laws for requiring an owner of a dog to keep the dog leashed and under the control of some person while within the Municipality or defined areas thereof;
AND WHEREAS the Councils of Municipalities are authorized by the provisions of Section 210(9) of the Municipal Act, RS.O. 1990, c.M-45 to require an owner of a dog to remove forthwith excrement left by the dog anywhere in the Municipality;
AND WHEREAS Councils of Municipalities are authorized by Section 210(10) of the Municipal Act, RS.O. 1990, cM-45 to pass By-laws requiring the muzzling or leashing of a dog that has bitten a person or a domestic animal, within the Municipality or defined areas thereof;
AND WHEREAS the Councils of Municipalities are authorized by the provisions of Section 210(11) of the Municipal Act, RS.O. 1990, c.M-45 to license and regulate and require the registration of dogs;
AND WHEREAS Councils of Municipalities are authorized by Section 210(13) of the Municipal Act, RS.O. 1990, cM-45 to pass By-laws prohibiting or regulating the running at large of dogs in the Municipality and for seizing, impounding and for humanely destroying dogs running at large contrary to the By-law;
AND WHEREAS Councils of Municipalities are authorized by Section 210(141) of the Municipal Act, RS.O. 1990, cM-45 to pass By-laws empowering officers of the municipality, for removing or exterminating strayed pigeons upon complaint of the owner or occupant of any premises within the Municipality or defined areas thereof;
AND WHEREAS Councils of Municipalities are authorized by Section 210(144) of the Municipal Act, RS.O. 1990, cM-45 to pass By-laws for regulating the location, erection, and use of stables, garages, barns, outhouses, and manure pits within the Municipality or defined areas thereof;
NOW THEREFORE the Corporation of the Town of Petawawa, enacts as follows:
DUTY OF ANIMAL OWNERS TO BE RESPONSIBLE OWNERS
It shall be the duty of every owner of any animal, or anyone having any animal in his or her possession or custody, to exercise reasonable care and control and to take all necessary steps and precautions to protect their animal, other people, property, and animals from injuries or damage which might result from his or her animal’s behavior, regardless of whether such behavior is motivated by mischievousness, playfulness, or ferocity.
PART 1 – DEFINITIONS
For the purpose of the By-law, the following terms, phrases, words, and their derivation shall have the meaning defined herein, unless the context clearly indicates that another meaning is intended.
- Animal: All species of fauna excluding humans, fish, and aquatic invertebrates.
- Animal Control Officer: A person appointed by the Council whose duties include the administration and enforcement of this By-law.
- At large: Any animal found in any place other than the premises of the owner and not under the physical control of a responsible person.
- Dangerous dog: Any individual dog that:
- (a) has killed a domestic animal without provocation while off the owner’s property;
- (b) has bitten or injured a human being or domestic animal without provocation;
- (c) is attack trained;
- (d) is trained and kept for the purpose of security or protection, whether residential, commercial, or industrial;
- (e) has shown the disposition or tendency to be threatening or aggressive.
PART 2 – PROVISION OF NEEDS
- 2.1 Keeping – Basic Needs Required: Every person who keeps an animal within the municipality shall provide the animal with clean water, food, exercise, and necessary veterinary care.
PART 3 – CLASSES OF ANIMALS
- 3.1 Class 1 Animal: Includes cows, donkeys, goats, horses, mules, pigs, ponies, and sheep.
- 3.2 Class 2 Animal: Includes chickens, geese, turkeys, ducks, pigeons, and other domestic fowl.
- 3.3 Class 3 Animal: Includes guinea pigs, hamsters, mice, rats, rabbits, ferrets, and turtles.
- 3.4 Class 4 Animal: Includes wild animals, reptiles, amphibians, and other non-domestic species.
PART 4 – APPLICATION OF BY-LAW EXEMPTIONS
- Animal Shelters: This By-law shall not apply to premises maintained by the contracted animal shelter employed by the Town for the purpose of impounding, care, control, and disposal of animals.
PART 10 – LICENCING AND IDENTIFICATION TAGS
- 10.1 Unregistered or Unlicensed Animals: It is prohibited to own an unregistered or unlicensed dog or cat within the Town of Petawawa.
- 10.7 Licensing Agent: The Animal Control Officer is appointed as the license agent responsible for animal registration.
PART 11 – DOMESTIC CATS
- 11.1 Registration: No person shall fail to register a cat for an identification tag within the Town of Petawawa.
- 11.9 Public Nuisance: No owner shall permit their cat to become a public nuisance animal.
PART 12 – DOMESTIC DOGS
- 12.1 Registration: No person shall fail to register a dog for a dog license within the Town of Petawawa.
- 12.19 Running at Large Prohibited: No owner shall allow their dog to run at large.
PART 13 – IMPOUNDMENT
- 13.1 Seizure: The Animal Control Officer shall seize any dog or cat found running at large.
- 13.6 Claiming Impounded Animals: The owner has five days to claim an impounded animal upon paying the applicable fees.
- 13.10 Disposal: If an animal is not claimed within the designated period, the Poundkeeper may sell, euthanize, or otherwise dispose of the animal.
PART 14 – KENNELS AND CATTERIES
- 14.1 Kennel/Cattery Licensing: Kennels and catteries must be licensed annually and comply with the by-law requirements.
- 14.6 Inspections: Kennel and cattery premises are subject to inspection by the Animal Control Officer.
PART 15 – ENFORCEMENT
- 15.1 Fines: Any person who contravenes any provision of this By-law is liable for penalties under the Provincial Offences Act.
- 15.5 Repeated Offenses: Fines increase for repeated offenses within a 12-month period.
PART 16 – REPEAL AND ENACTMENT
- 16.1 Repeal of Previous By-law: By-law 44/98 of the Town of Petawawa and all its amendments are hereby repealed.
- 16.3 Effective Date: This By-law shall come into force and take effect upon the final passing thereof.
SCHEDULE A – LICENCING FEES
- Dog Licence: $15.00 for licensed dogs, $25.00 for unlicensed dogs.
SCHEDULE B – IMPOUND FEES
- Dogs: First three days – $15.00 for licensed dogs, $25.00 for unlicensed dogs.
- Cats: First three days – $10.00.
SCHEDULE C – KENNEL/CATTERY LICENCE FEES
- Yearly licence fee: $125.00.
