THE CORPORATION OF THE MUNICIPALITY OF MACHIN

BY-LAW NUMBER 04-2006

BEING a By-law to rescind By-law 008-99 and

BEING a by-law to provide for the licensing and regulating of dogs and noise within the municipality.

1. Definitions:

(a) “Dog” means a male or female dog;

(b) “Municipality” means the Municipality of Machin

(c) “Owner” of a dog includes the person who possesses or harbours a dog, and “owns” or “owned” having a corresponding meaning.

Licensing of Dogs and Dog Kennels

2. (1) Every owner of a dog shall annually, and not later than the last day of May in each year, or within 14 days of receiving a dog at any later date, cause the dog to be registered with the Municipality and licensed by it as provided herein.

(2) Notwithstanding the provisions of subsection 2(1) hereof, no license shall be

required for a dog during the first six (6) months of its life and such dog need not be registered until six (6) months old when the owner shall immediately obtain a license for it and register it as provided herein.

(3) All applications for licenses hereunder shall be made to the Municipality.

3. (1) The owner of every dog shall procure from the Municipality a tag for each dog required to be licensed hereunder and shall keep the tag securely fixed on the dog at all times during the year and until he procures a tag for the following year, except that the tag may be removed while the dog is lawfully used for hunting. The dog tag shall consist of a plate having the words stamped thereon “Municipality of Machin Dog Tag” the year for which the license has been issued, and the number corresponding with the number which the dog is registered.

(2) The license fee for the first two dogs shall be ten ($10.00) dollars each.

(3) A tag which has been lost may be replaced upon payment of a fee of one ($1.00) dollar upon application therefor and upon proof that the license fee for the current year has been paid.

(4) Every owner of a dog who fails to obtain a tag required by Section 2 & 3 of this By-law and keep it securely fixed on his dog, or who uses the tag upon a dog other than that for which is was issued, is guilty of an offence hereunder.

4. (1) As an owner of a kennel registered with the Municipality of Machin on the date of passing of this By-law, shall pay an annual license fee of twenty-five ($25.00) dollars to the Clerk Treasurer of the Municipality as a license fee for the Kennel, and he/she shall not be liable to pay in respect of such purebred dogs any license fee under this by-law.

(2) Every person obtaining a license for a kennel under this section shall be entitled to be supplied with two dog tags at no additional charge, if required.

Running at Large of Dogs

5. For the purpose of this by-law, a dog shall be deemed to be running at large when found in other that the premises of the owner of the dog and not under control of any person.

6. The owner of every dog shall prevent such dog from running at large.

7. All dogs found running at large may be impounded.

8. Subject to the rights of the Municipality to retain possession of any dog impounded to pursuant to the provisions of this by-law may be redeemed by the owner or his agent within three (3) days (exclusive of statutory holidays and Sundays) after such seizure, and upon payment to the Municipality in the amount of Fifty ($50.00) dollars, together with an impoundment charge.

9. When the owner of any dog seized and impounded is known, such owners shall be forthwith notified, if practicable, by telephone by the Pet Control Officer or any person authorized by him, of the seizure and impounding and if the dog is not redeemed within three (3) days after seizure and impounding, exclusive of Saturday, Sunday and Public Holidays, such a dog shall be sold or destroyed by the poundkeeper.

10. Where a dog seized under this section is injured or should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Pet Control Officer may dispose of the dog in a humane manner as soon after seizure as he thinks for without permitting any person to reclaim the dog or without offering it for sale and no damages or compensations shall be recovered of its disposal.

11. The owner of a dog which has been seized and impounded, upon establishing ownership of said dog, to the satisfaction of the Pet Control Officer or his/her designate, may redeem the same after the following conditions have been met:

(a) the animal has been registered and licensed

(b) payment of fine(s) and board fees have been paid

12. Where the owner does not claim the dog, he shall be liable for all costs.

Vicious/Dangerous Dogs

13. (1) In section 14 to 17, both inclusive, of this Part:

(a) “Dog” means a male or female dog at least eight (8) weeks old;

(b) “Pit Bull” is not a breed of dog, it is defined as a Pit Bull Terrier, a Staffordshire Bull Terrier, an American Staffordshire Terrier, and American Pit Bull Terrier or any dog that has an appearance and physical characteristics that are substantially similar to those dog reported. It is up to the owner to prove that the dog is not a Pit Bull even though the owner of a mix-breed or non-registered dog may have no way of establishing the dog’s lineage.

(c) “Owner” of a vicious/dangerous dog includes a person who possesses or harbours a vicious/dangerous dog, and “own” or “owned” have corresponding meaning;

(d) “Vicious/Dangerous Dog” means:

i) A dog that has killed a person or domestic animal, regardless of the circumstances

ii) A dog that has bitten or injured a person or domestic animal or that poses a menace to public safety.

Guidelines include: the dog’s past and present temperament and behaviour, the seriousness of the injuries caused by the biting or attack, Unusual contributing circumstances tending to justify the dogs actions, the improbability that a similar attack will be repeated, the dog’s physical potential to inflicting harm. Exceptions may be made if the dog was teased, abused, assaulted or it the dog was reacting to a person trespassing on the property owned by the dog’s owner;

iii) A dog that is shown the disposition or tendency to be threatening or aggressive;

(e) “Bite” means piercing or puncturing the skin as a result of contact with a dog’s tooth or teeth.

(f) “Confirmation of a bite” will include a visual inspection or the wound by the Animal Services/Control Officer if possible or written confirmation from The Public Health Inspector assigned to the Animal Exposure, the attending medical personnel (physician or nurse) or a police report, outlining the details of the bite.

(g) “Animal Control Officer” could include a peace officer, a police officer including a police officer within the meaning of the Police Services Act

a special constable, a First Nations Constable and an auxiliary members of the police force, a municipal by-law enforcement officer, an inspector or agent under the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) Act or a public officer designated as a peace officer for the purposes of the Dog Owners Liability Act.

(h) “Muzzled” means a humane fastening or covering device of adequate strength over the mouth to prevent a dog from biting.

(i) “Restrained” means being kept inside a building or house or in an enclosed pen of sufficient dimension, and to prevent a dog from coming into contact with persons other than the owner of the dog.

14. Every owner of a Vicious/dangerous dog shall muzzle it except when it is on the premises of the owners. Pit Bulls must be leashed and muzzled. The muzzling and leashing requirement does not apply when the Pit Bull is within the enclosed property occupied by the owner of the Pit Bull or occupied by a person who consents to the Pit Bull being off leash or muzzle. A Pit Bull is within enclosed property is enclosed in a way that can be relied on to prevent the pit bull from breaking out of the property. The owner’s property shall be posted with warning signs. It is up to the owner of the Pit Bull to be familiar with the requirements of Bill 132 “Dog Owners Liability Act”. Individuals are prohibited from owning Pit Bulls, breeding, transferring or importing Pit Bulls into Ontario. Also prohibited from abandoning a Pit Bull, training a Pit Bull to fight and allowing a Pit Bull to stray. Individuals who owned Pit Bulls before August 29, 2005 may keep them, provided that they have complied with regulations set out which require that all “grandfathered pit” bulls have been sterilized by October 28, 2005. Exemptions are “show” dogs which participate at least once a year in a sanctioned dog show or flyball tournament.

15. Every owner of a vicious/dangerous dog shall keep it restrained when on the premises of the owner.

16. Except to the extent to which is required to enforce this by-law, no person shall keep a vicious/dangerous dog in the Municipality of Machin if it has been found not muzzled when off the premises of the owner thereof or running at large in the Municipality of Machin, or not restrained when on the premises of the owner thereof.

17. Every person who transfers the ownership of a vicious/dangerous dog to any other person shall immediately notify the Municipality’s Pet Control Officer or the Municipal Office of such transfer and shall give full and complete particulars of the name and address of the new owner, together with such other information as such Officer may require in order to identify and locate the new owner and the dog.

18. Section 14 to 17, both inclusive, of this part does not apply to a police work dog.

Noise

19. No person shall permit any animal harboured by him to bark, howl or otherwise make any noise which is likely to disturb the inhabitants of the Municipality of Machin.

20. It shall be the duty of the Pet Control Officer, who may be appointed from time to time by Council, to enforce the provisions of this by-law.

Penalties and Enforcement

21. (a) Where a dog is found running at large, not licensed or tagged, or causing excessive noise, contrary to the provisions of this By-law the Pet Control Officer, By-law Enforcement Officer, or such other person as it duly appointed to enforce this By-law, finding or becoming aware of such offence may deliver or mail to the address of the owner of such a dog a ticket in the form of a serially numbered notice stating:

(i) The tag number, if any, and a description of the dog.

(ii) That the dog was found running at large, not licensed or

tagged or causing a disturbance by excessive noise whichever the offence may be.

(iii) The date, time and location of the alleged offence.

(iv) That the owner thereof may make a voluntary payment in the manner set forth hereafter.

(v) That in the event of his failure to make such payment an information and complaint will be laid and a summons issued

(vi) The address of the places for making payment.

(b) The person issuing same shall give or send one copy to the owner as aforesaid and deliver the other copy to the Municipality.

(c) The owner of the dog may, within seven (7) days next following the date of issuance of the ticket, make payment as prescribed in Section 11 of this By-law by attending at the address designated by the Municipality and shown on the said ticket, or by mailing the ticket by prepaid first class mail to such address, with the required sum in payment.

(d) Provided that the payment is made as hereinbefore provided, such payment shall be accepted as a payment of a penalty in full satisfaction of the alleged offence and the receipt therefor shall be given to the person making the payment, provided that such receipt shall be sent to persons remitting such sum by mail only if the name and address of the remitter is inserted in a self-addressed stamped envelope and mailed with payment and the ticket.

(e) A defect in the ticket or in respect of the procedure relating thereto, or the failure to issue a ticket shall not prejudice a prosecution.

22. Any person, upon conviction of a breach of any provisions of Section 2(1), 3(4) and 6 of this by-law shall forfeit and pay a penalty of not more than fifty ($50.00) dollars exclusive of costs, and such penalties shall be recovered under the Provincial Offenses Act.

23. Any person violating any other provision of this by-law shall be subject to a penalty of not more than Two Thousand ($2,000.00) Dollars, exclusive of costs and all such penalties shall be recovered under the Provincial Offenses Act.

Fee Schedule

24. Fees are set out in Schedule “A” hereto attached as part of By-law 04-2006.

Effective Date of By-law

25. This By-law shall come into force and take effect upon the final passage hereof.

READ a FIRST, SECOND and THIRD time, and FINALLY passed this 23^rd day of

January, 2006.

THE CORPORATION OF THE

MUNICIPALITY OF MACHIN

______________________________

Barbara Beernaerts - Mayor

______________________________

Tammy Rob- Clerk-Treasurer

Schedule “A” to By-law 04-2006

FEE SCHEDULE

Fee for impounding dogs when the Municipal Office is Closed:

Fee for Impoundment and Release: $20.00

Per Day for feeding: $5.00

Tag (if not tagged for current year) $10.00 each for the first two dogs

Cheques to be made payable to the “Municipality of Machin”