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HomeMy Public PortalAbout23-062 - By-law to Amend Canine Control By-lawTHE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW NO. 23-062 BEING A BY-LAW TO AMEND BY-LAW 22-048 BEING A BY-LAW FOR THE LICENSING OF DOGS AND PROHIBITING THE RUNNING AT LARGE OF DOGS WITHIN THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS. WHEREAS pursuant to Section 11 (3) of the Municipal Act, 2001, S.O. c.25, as amended, municipalities have the authority to pass by-laws with respect to animals; AND WHEREAS the Council of the Corporation of the Township of Leeds and the Thousand Islands deems it expedient to amend By-law 22-048 being a by-law for the Licensing of Dogs and Prohibiting the Running At Large of Dogs within the Township of Leeds and the Thousand Islands to add definitions, clarify wording for interpretation and add provisions to address repeated by-law infractions and responsibilities of property owners; NOW THEREFORE the Council of the Corporation of the Township of Leeds and the Thousand Islands hereby enacts as follows: 1. THAT Section 3, Definitions, be amended to add the following definitions in alphabetical order: Commercial Kennel: A commercial establishment for the keeping, breeding, boarding, training or grooming of four or more dogs, but shall not apply to the keeping of animals in a veterinary establishment for the purpose of observation and/or recovery necessary to veterinary treatment. Hobby Kennel: shall mean where up to five (5) dogs are housed for the primary purpose of pets or hunting and where there is no boarding or breeding for the purpose of selling pups. Kennel shall mean a Commercial Kennel or a Hobby Kennel. 2. AND THAT Section 9.1 be deleted and replaced with the following new Section 9.1: 9.1 No owner of any animal shall cause or permit an animal to run at large within the limits of the Township unless the animal is a 'Working Dog' on its owner's property or under the care and control of its owner. 3. AND THAT Section 11.7 be deleted and replaced with the following new Section 11.7: 11.7 For new Commercial and Hobby Kennel Applications, the Planning Department, as part of the review to determine if the use is permitted and the location complies with the requirements of the Township's Zoning By-law. The following information is required: a) A detained plot plan including the distance from the location of kennel to all property lines and neighboring dwellings; and b) An inspection of the property. Prior to granting said licenses. 4. AND THAT Section 11.9 be deleted and replaced with the following new Section 11.9: 11.9 In addition to the regulations in this Bylaw, a Hobby Kennel will be permitted provided: a) No boarding, training, shows and no revenue derived from the sale of pups is permitted. b) Not more than (5) dogs shall be permitted on the premises. c) All dogs that are owned by the owner of the Hobby Kennel are required to be registered with the Township. New dogs (6 months of age) are required to be registered with the Township within thirty (30) days of the date of ownership of the dog. 5. AND THAT Sections 12.1 and 12.2 be deleted and replaced with the following new sections 12.1 and 12.2: 12.1 Every person who contravenes any provisions of any section of this by-law is guilty of an offence and upon conviction is liable to a fine and such penalties as provided under the Provincial Offences Act. Provincial Offences Act, R.S.O. 1990, C.P33, as amended, 12.2 Each Person who contravenes any provision of this By-law or fails to comply with an order issued in accordance with this By-law, shall, upon issuance of a penalty notice in accordance with Administrative Monetary Penalty By-law 22-044, be liable to pay to the Township an administrative penalty. If a Person receives a penalty notice in accordance with the Administrative Monetary Penalty By-law for a contravention of the Canine Control By-law, the following tiered penalty system applies: (a) for a single contravention, the Person shall be liable to pay to the Township the tier one (1) administrative penalty in the amount for that contravention as established by Schedule C to the Administrative Monetary Penalty By- law. (b) if the Person receives a second penalty notice for a contravention of the Canine Control By-law within twelve (12) months from the date of the penalty notice containing a tier one (1) administrative penalty amount, the Person shall be liable to pay to the Township a tier two (2) administrative penalty amount for that contravention in the amount of the tier one (1) penalty plus $100. (c) if the Person receives a third penalty notice for a contravention of the Canine Control By-law within twelve (12) months from the date of the penalty notice containing a tier two (2) administrative penalty amount, the Person shall be liable to pay to the Township a tier three (3) administrative penalty amount for that contravention in the amount of the tier two (2) penalty plus an additional $150. (d) If the Person receives any subsequent penalty notices for further contravention of the Canine Control By-law within twelve (12) months from the date of the penalty notice containing a tier three (3) administrative penalty amount, the Person shall be liable to pay to the Township a tier three (3) administrative penalty amount for that offence. 6. AND THAT a new Section 13 be added following Section 12.3: 13. RESPONSIBILTY OF PROPERTY OWNER Every owner of property and every officer or director of a corporation that owns property within the Township of Leeds and the Thousand Islands has a duty to take all reasonable care to prevent occupants and users of their property from breaching the provisions of this By- law; (a) Every person who has a duty under this section and who fails to carry out that duty is guilty of an offence. (b) A director or officer of a corporation is liable to a conviction under this section whether or not the corporation has been prosecuted or convicted. 7. AND THAT the remaining Sections of the by-law be renumbered accordingly; 8. EFFECTIVE DATE This By-law shall come into force and take effect on the date of its passing. READ A FIRST AND SECOND TIME THIS 10TH DAY OF OCTOBER, 2023. READ A THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF OCTOBER, 2023. The Corporation of the Township of Leeds and the Thousand Islands ~p6rry ^66^y/Dp^)uty Mayor 'n^UAffn. Megfein Shannon, Clerk