2011-176 Kennel Licensing By-law
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11 jjjj� it,
A By-law to regulate and license Dog Kennea
within the Township of Oro-Medonte
("Kennel L- i n g By-law")
WHEREAS the Section 11(3)9 of the Municipal Act, 2009, S.O. 2001, c. 25, as
amended provides that a municipality may pass by -laws respecting animals;
AND WHEREAS Section 151 of the Municipal Act, 2009, S.O. 2001, c.25, as amended
authorize a municipality to license, regulate, and govern businesses within the
municipality;
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte
deems it advisable to regulate and license dog kennels operating within the corporate
limits of the Township of Oro - Medonte;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. That Appendix "A" and Schedules "A" and "B" attached hereto shall form part of
this By -law.
2. This By -law may be cited as "The Township of Oro - Medonte Kennel Licensing
By -law";
3. This By -law shall come into force and effect on the date of its final passing.
BT-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 14TH
DAY OF DECEMBER, 2011.
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Appendix "A" — By -law No. 2011 -176
1.0 DEFINITIONS:
"Animal" means any member of the animal kingdom of living beings, excluding humans,
without limitation. "Animal" shall include mammals, birds and reptiles.
"Applicant" means a person or corporation having made an Application pursuant to this
By -Law but has not yet been issued a License pursuant to this By -Law.
"Boarding" means the taking in of dogs for a period of time for capital gains.
"Breeding" means the generating of offspring.
"Chief Building Official" means the Chief Building Official for the Corporation of the
Township of Oro - Medonte.
"Council" means the elected Council of The Corporation of the Township of Oro -
Medonte.
"Dwelling Unit" means one or more habitable rooms, designed or intended for use by an
individual or family, as an independent and separate housekeeping establishment in
which separate kitchen and sanitary facilities are provided, for the exclusive use of such
individual or family, with a private entrance from outside the building or from a common
hallway or stairway inside the building.
"Dog" means a male or female canine, over the age of twelve (12) weeks.
"Dog run" means an enclosure allowing freedom of movement and exercise for a
dog(s).
"Dog kennel shelter" means an enclosed area in a kennel structure or building offering
protection from the elements for a dog(s) when sleeping or resting.
"Hobbyist" means a person who keeps up to eight (8) dogs for participation in canine
sports or for companionship.
"Kennel" means any building, structure, dog run or other facility or part thereof, where:
a) Dogs are kept for breeding or boarding purposes; or
b) Dogs are kept solely for the purpose of routinely entering into dog sled rides
and /or races; or
c) Dogs are kept by a Hobbyist.
"Kennel License" shall mean the same as "License"
"License" means a certificate issued by the Township of Oro - Medonte upon compliance
to this By -law permitting an owner to operate a Kennel.
"May" means an expression of possibility, a permissive choice to act or not.
"Municipal Law Enforcement Officer" shall mean a person appointed by the Council for
the purposes of carrying out the enforcement of Municipal By -Laws.
"Officer" means a Municipal Law Enforcement Officer and /or Police Officer.
"Ontario SPCA" shall mean the Ontario Society for the Prevention of Cruelty to Animals
or any local branch of the Ontario Humane Society.
"Owner" means and includes any person who possesses or harbours a dog within
the Township. Where the owner is a minor, the person responsible for the custody of
the minor is deemed to be the owner of the dog. "Owner" shall also mean the owner
of the property on which a kennel is to be operated.
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Appendix "A" — By -law No. 2011 -176
"Pen" means a small place of confinement.
"Planner" means the official or employee of the Township charged with the duty of
administering the provisions of the Zoning By -law.
"Police Officer" means a sworn peace officer of the Ontario Provincial Police, the Chief
of Police or any other Police Officer, including a person who is appointed as a Police
Officer under the Interprovincial Policing Act, 2009, S.O. 2009, Chapter 30 (herein
referred to as the Interprovincial Policing Act), but does not include a Special Constable,
a First Nations Constable, a Municipal Law Enforcement Officer or an Auxiliary Member
of a Police Force, as per the Police Services Act, R.S.O. 1990, Chapter P.15 (herein
referred to as the Police Services Act).
"Shall" is mandatory and not discretionary.
"Tether" means when a dog is confined on a fixed chain, rope or other means of
restraint.
"Township" means The Corporation of the Township of Oro - Medonte.
2.0 LICENSING:
2.1 No person shall own, operate, manage, control, supervise, or have on any
property, any kennel unless a license has been issued for such kennel by the
Township.
2.2 Only the owner of the property, upon which the kennel is proposed to be
located, may apply for and receive a kennel license.
2.3 Every application for a Kennel License shall be approved by the Township
Planner in accordance with the Township's Zoning By -law and Site Plan Control
By -law prior to issuance of said license.
2.4 Every owner who applies for a license shall do so on the form prescribed in
Schedule "B" of this By -law.
2.5 Prior to the issuance of a license, the applicant shall pay a fee as provided for in
Schedule "A" of this By -law.
2.6 All applications for a license and renewal of a license require an inspection by the
Municipal Law Enforcement Officer to ensure compliance with all applicable
legislative requirements.
2.7 Every owner applying for a license, except for boarding purposes, shall make
available the following documentation:
2.7.1 Verification of current rabies vaccination or written verification by a
veterinarian of satisfactory rabies protection for all dogs kept or to be kept
at the subject kennel.
2.8 Prior to the issuance of a license, every applicant shall provide proof, by
declaration, that they have not committed an offence pertaining to animal
cruelty under the Criminal Code of Canada or the Ontario Society for the
Prevention of Cruelty to Animals Act.
2.9 Every license issued pursuant to this By -law shall expire twelve months
succeeding the date of issue, and every application for renewal of a license shall
be finalized on or before the same date.
2.10 A license issued pursuant to this By -law is non - transferrable. In the event that
the Kennel business is sold, the new owners shall be eligible for a license under
the same conditions which the current license was obtained.
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Appendix "A" — By -law No. 2011 -176
2.11 Every person who holds a valid Kennel License shall keep the license posted in
some conspicuous place on the premises and shall, when so requested by an
Officer, produce such license for inspection.
2.13 In the event that the owner fails to renew a license issued pursuant to this By-
law before the expiry date, the owner shall make application for a new license
and comply with all provisions of this By -law, in order to continue operating
such Kennel.
2.14 The Township reserves the right to impose specific conditions on any license
issued pursuant to this By -law.
2.15 Notification of all applications for a new Kennel License shall be provided to
property owners within the vicinity of the proposed Kennel.
3.0 INSPECTIONS:
3.1 For the purpose of determining compliance with this By -law, every person who
owns or operates a Kennel shall permit a Municipal Law Enforcement Officer
and /or Chief Building Official, to enter and inspect the kennel by appointment on
an annual basis, upon production of proper identification. To ensure continued
compliance with this By -law, inspections, above and beyond the annual
inspection, may occur throughout the duration of the license, and such
inspections shall be conducted during reasonable hours. Township staff, during
kennel inspections, shall take appropriate measures, as agreed to by the Kennel
Owner, to prevent the spread of infectious disease. In addition to the
aforementioned persons, every person who owns or operates a Kennel shall
permit the Ontario SPCA and /or Police Officer to enter and inspect the kennel, if
deemed necessary by the agency.
4.0 GENERAL KENNEL CONDITIONS:
Every person who owns and operates a Kennel in the Township shall ensure
compliance with the following regulations.
4.1 No animal shall be kept in unsanitary conditions including an accumulation of
feces, odour, insect or rodent infestations.
4.2 Wire floors are not permitted in any building, structure, dog kennel shelter, pen=
tether area or dog run for the purpose of housing a dog.
4.3 The floor of the kennel, dog kennel shelter, pen, tether area and dog run shall be
appropriately drained to ensure that no water is present. Any new kennel
structure shall be required to install a self -drain with a maximum five (5) minute
drain time.
4.4 Every pen and tether area shall be properly equipped with accessible fresh water
and adequate feed shall be onsite, both water and feed shall be supplied in
clean, properly sized containers to maintain animals in a healthy condition.
.� 4.5 Every pen and tether area shall be provided with adequate natural or artificial
light, proper ventilation and sufficient heat to maintain healthy conditions specific
to the breed of dog being housed.
4.6 Every pen and tether area shall provide sufficient space for the animals which
are kept therein to stand and be in comfort, and appropriately sized for the breed
of dog.
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Appendix "A" — By -law No. 2011 -176
4.7 Group housing is suitable provided that the following regulations apply in addition
to the regulations in Section 4.
4.7.1 Any animal exhibiting vicious behavior or dominance aggression is housed
separately.
4.7.2 A dog under treatment for a communicable disease or suspected of
harboring a communicable disease is housed separately.
4.7.3 Newly acquired dogs are isolated before full integration into group
housing.
4.8 Every owner /operator of a kennel shall take appropriate measures to ensure that
excessive barking does not occur.
5.0 BOARDING KENNELS:
5.1 The maximum number of dogs permitted in any one (1) kennel for which a
Boarding Kennel License has been issued shall not exceed fifty (50) dogs.
6.0 BREEDING KENNELS:
6.1 Breeding Kennel — Level 1: The maximum number of dogs permitted in any one
(1) kennel for which a Breeding Kennel — Level 1 License has been issued shall
not exceed eight (8) dogs. Such dogs shall be housed within the dwelling unit.
6.2 Breeding Kennel — Level 2: The maximum number of dogs permitted in any one
(1) kennel for which a Breeding Kennel — Level 2 License has been issued shall
not exceed twenty five (25) dogs. Such dogs may be housed within the dwelling
unit and /or a Dog Kennel Shelter.
7.0 BOARDING AND BREEDING KENNELS:
7.1 The maximum number of dogs permitted in any one (1) Kennel for which a
Breeding and Boarding Kennel License has been issued shall not exceed fifty
(50) dogs.
8.0 HOBBYIST KENNELS:
8.1 The maximum number of dogs permitted in any one (1) Hobbyist Kennel for
which a Hobbyist Kennel License has been issued shall not exceed eight (8)
dogs. Such dogs shall be housed within the dwelling unit. All dogs kept under a
Hobbyist Kennel License shall be spayed or neutered by the age of 2 years, and
the owner shall provide proof of such spay /neuter for each dog kept.
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Appendix "A" — By -law No. 2011 -176
9.0 SLED DOG KENNELS:
9.1 The maximum number of dogs permitted in any one (1) kennel for which a Sled
Dog Kennel License has been issued shall not exceed fifty (50) dogs.
9.2 Proof of active participation or registration in dog sled races or rides within the
previous or impending twelve (12) months as deemed acceptable by the
Municipal Law Enforcement Officer.
9.3 If dogs are being housed in outdoor housing, the following regulations shall
apply, in addition, to the regulations in Section 4.
9.3.1 The breed of dog must be properly acclimatized to seasonal and regional
temperatures.
9.3.2 Infirmed dogs shall be housed indoors.
9.3.3 An enclosed area with dry bedding which provides shelter and protection
from cold and heat must be provided, including protection from direct
sunlight, rain, sleet, and snow.
9.4 Every person who owns and operates for the purpose of a Sled Dog Kennel shall
abide by the Mush with P.R.I.D.E. (Providing Responsible Information on a Dog's
Environment) Guidelines and Kennel Conditions as set out in Section 4 of this
By -law.
10.0 CONFINEMENT OF DOGS
10.1 All dogs shall be confined inside a Dog Kennel Shelter during the hours of 11:00
p.m. to 6:00 a.m., with the exception of dogs housed in outdoor housing as
permitted under a Sled Dog Kennel License.
11.0 INSURANCE:
11.1 The Township shall not issue a license under this schedule unless the applicant
obtains liability insurance for a kennel in an amount deemed appropriate by the
kennel owner and provides the Township proof of such insurance.
11.2 The applicant shall keep the liability insurance current for the term of the license
and shall instruct the insurer to provide ten 10 days' written notice to the
Township of any cancellation, expiry or variation of such insurance.
11.3 The Kennel license shall be invalid upon the cancellation or expiry of the liability
insurance.
12.0 REVOCATION:
12.1 Any kennel license application which fails to meet the minimum requirements
prescribed herein, shall be refused for reasons of non - compliance with the
provisions of this By -law. In the event that a license is refused, the owner has the
right to a hearing under the Statutory Powers Procedures Act, R.S.O. 1990, c.
S.22, as amended.
12.2 Any license issued under the provisions of this By -law may be revoked prior to
expiration for any breach of the provisions of this By -law, in which case the
owner shall have the right to a hearing under the Statutory Powers Procedures
Act, R.S.O. 1990, c. S.22, as amended.
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Appendix "A" — By -law No. 2011 -176
13.0 EXEMPTIONS:
13.1 Notwithstanding Section 2.3, any Kennel that holds a valid license, shall be
eligible for a license provided that the Kennel complies with all other provisions of
this By -law, and shall be permitted to continue operating provided the Kennel
continues to renew the license each year pursuant to Section 2.9.
13.2 Notwithstanding provisions pertaining to the maximum number of dogs permitted,
all Kennels that housed more than the established maximum number of dogs and
held a valid license on December 21, 2005 shall be exempt from such provision,
provided that the licenses are maintained as current, the Kennel complies with all
other provisions of this By -law and the maximum number of dogs does not
exceed the number of dogs as at December 21, 2005.
13.3 Notwithstanding provisions pertaining to the maximum number of dogs permitted,
Council will consider written requests for exemptions to the maximum number of
dogs where the Kennel Owner demonstrates that appropriate measures will be
undertaken to ensure that the health and welfare of all dogs is paramount. Any
such exemption that is granted by Council pursuant to this Section shall be
subject to any conditions deemed appropriate by Council, in its sole discretion.
14.0 OFFENCES:
14.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By -law. Any person who is
alleged to have contravened any of the provisions of this By -law shall identify
themselves to the Officer upon request, failure to do so shall be deemed to have
obstructed or hindered the Officer in the execution of his duties.
14.2 Every person who contravenes any Provision of this By -law is guilty of an offence
and shall be liable to a fine in the amount to be determined pursuant to the
Provincial Offences Act, R.S.O. 1990, c. P.33, and every such fine is recoverable
under the Provincial Offences Act.
14.3 The conviction of an offender upon the breach of any provisions of this By -law
shall not operate as a bar to a prosecution against the same offender upon any
continued or subsequent breach of any provisions of the Municipal Act, 2001,
S.O. 2001, c.25, Section 442, as amended, shall further apply to any continued
or repeated breach of this By -law.
14.4 If any court of competent jurisdiction finds that any of the provisions of this By-
law are ultra vires the jurisdiction of Council, or are invalid for a reason, such
provision shall be deemed to be severable and shall not invalidate any of the
other provisions of the By -law which shall remain in full force and effect.
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Schedule "A" — Bylaw No. 2011 -176
KENNEL LICENSING FEES (NEW LICENSE)
(The fee includes application and initial inspection fee)
• Breeding Kennel License Fee
$400.00
• Boarding Kennel License Fee
$400.00
• Breeding and Boarding Kennel License Fee
$400.00
• Hobbyist Kennel License Fee
$400.00
• Sled Dog Kennel License Fee
$400.00
KENNEL LICENSING FEES (RENEWAL)
(The fee includes application and annual inspection fee)
• Breeding Kennel License Fee
$150.00
• Boarding Kennel License Fee
$150.00
• Breeding and Boarding Kennel License Fee
$150.00
• Hobbyist Kennel License Fee
$150.00
• Sled Dog Kennel License Fee
$150.00
Additional Inspection Fees, pursuant to the Fees & Charges By -law, may be
charged when a Licensed Kennel is found to be in contravention of the
provisions of this By -law, and has not resolved all noted deficiencies prior to the
deadline established in the notice of contravention.
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Toumship of
Proud Heritage, Exciting Future
"SCHEDULE B" to By -Law No. 2011 -176
Township of Oro - Medonte
APPLICATION FOR
KENNEL LICENSE
OFFICE USE ONLY
License No.:
Issue Date:
(dd/mm/yy)
Type of License: LJ Breeding ❑ Boarding ❑ Breeding and Boarding ❑ Hobbyist Kennel ❑ Sled Dog Kennel
Name of Kennel: Owner:
Mailing address: Telephone Numbers
Home: Business:
Email address: Other:
LI= GAL'DESC:RIPTION OF. F'FIOPE�TY:ON`WHICH KENNEL IS TO BE OPERATED ,.
Roll Number: 4346- Lot: Concession: I Plan:
Municipal Address:
Kennel will be operated by:
❑Same as registered Owner; or
Name: Address:
Canadian Kennel Club ❑ Yes ❑ No C.K.C. No.:
Other: (specify)
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"SCHEDULE B" to By -Law No. 2011 -176
Township of Oro - Medonte
APPLICATION FOR
KENNEL LICENSE
OFFICE USE ONLY
License No.:
Issue Date:
(dd /mm/yy)
I (we) hereby certify that I (we) have knowledge of particulars contained in the forgoing statement, and I (we) solemnly affirm that the
same are in every respect fully and truly stated to the best of my (our) knowledge and belief, as if made under and by virtue of the
Canadian Evidence Actand I (we) solemnly affirm that I (we) have not committed or been convicted of an offence under the Criminal
Code of Canada or the Ontario Society for the Prevention of Cruelty to Animals Act pertaining to animal cruelty.
Dated this the day of , 20
Applicant
Applicant
I, , hereby certify on behalf of ,
a boarding kennel establishment, which dogs kept on our premises and under our watch and care, are not being offered
for sale.
Date
Municipal Law Enforcement Division Inspection /Comments:
Date
Rabies Vaccinations verified
I Comments:
Planning Division Comments:
Date:
Comments:
❑ Yes ❑ No
Signature
Signature
Signature