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kennel bylaw

Kennel & Boarding Facility Licensing Bylaw NO. 05-2002

Being a bylaw to provide for the Regulating and Licensing of establishments for the breeding of dogs and boarding of domestic animals within the Municipality of Whitestone (Kennel & Boarding Facility Licensing Bylaw). Whereas Section 210, Paragraph 1 of the Municipal Act, R.S.O. 1990, as amended from time to time, provides that the council of a local Municipality may pass bylaws for the prohibiting or regulating of the keeping of animals. And whereas Section 210, Paragraph 2 and 11(e) provide that the council of a local Municipality may pass bylaws for regulating establishments for the breeding or boarding of animals, or any class thereof, within the Municipality or defined areas thereof and for annual license for kennels. And whereas Section 257.1 provides that the council of a local Municipality may pass bylaws for licensing, regulating and governing any business carried on within the Municipality. And whereas the Council of the Corporation of the Municipality of Whitestone deems it necessary and desirable to provide for the regulating and licensing of establishments for the breeding of dogs and boarding of domestic animals within the Municipality of Whitestone. Now therefore the Council of the Corporation of the Municipality of Whitestone enacts as follows:

1.DEFINITIONS

For the purpose of this Bylaw the following definitions shall apply:

  • Animal control officer shall mean a person or persons appointed by Council for the purpose of animal control or appointed as a Municipal Law Enforcement Officer
  • Boarding shall mean the taking in of domestic animals for the period of time for capital gain
  • Breeding shall mean the generating of offspring resulting in quality of bloodlines as in purebred
  • Council shall mean the Council of the Corporation of the Municipality of Whitestone or any Committee of Council
  • Dog shall mean any member of the species canis familiaris and shall include a male or female, spayed or neutered over the age of sixteen weeks
  • Domestic animals shall mean a dog, cat, or any other similar pet which is generally understood to be domesticated and is typically kept indoors at a residence
  • Domestic animal boarding facility shall mean any building, structure, run of facility, or part thereof used for the boarding (for hire) of more than one (1) domestic animal, but does not include a veterinarian clinic (hereafter referred to as Boarding Facility)
  • Humane society shall mean the Ontario Society for the Prevention of Cruelty to Animals or any local branch of the Ontario Humane Society
  • Kennel shall mean any building, structure, dog run or other facility or part thereof, where
    1. purebred dogs are kept for breeding or show purposes
    2. dogs are kept solely for the purpose of routinely entering into dog sled or other similar races
    3. hunting dogs are kept for hunting purposes
  • Kennel, hobby or hobby kennel shall mean any kennel used for the keeping of more than three (3) but less that eight (8) dogs, but does not include a veterinarian clinic. In addition to the maximum number of dogs set out above, a maximum of two litters of pups up to sixteen weeks of age may be permitted in any licensing year
  • Kennel, commercial breeding or commercial breeding kennel shall mean any kennel used for the keeping of eight (8) or more dogs but does not include a veterinarian clinic
  • License shall mean a certificate permitting an owner to operate a hobby kennel, commercial breeding kennel or domestic animal boarding facility issued by the licensing officer upon compliance with the provisions of this Bylaw
  • Licensing officer shall mean a person appointed by Council for the purpose of processing and issuing licenses under this Bylaw
  • Owner shall mean the person who is the registered owner of the property on which the kennel or boarding facility is located and in the case of a kennel is also the person who owns, possesses or harbors a dog and where a dog and the owner is a minor, the person responsible for the custody of the minor
  • Person shall mean an individual human being, his/her personal agent, heir, successors and assigns and shall include a corporation with or without share capital
  • Purebred shall mean any dog that is registered or eligible of registration with an association incorporated under the Animal Pedigree Act (Canada)
  • Zoning administration shall mean the person appointed by Council to administer the provisions of the Zoning Bylaw
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2.LICENSING

  1. No person shall own, operate, manage, control, supervise or have any kennel or boarding facility without a license issued by the municipality
  2. Only the owner may apply for and be issued a license. A license issued to the Owner is not transferable to any new Owner
  3. Every Owner who applies for a license shall do so in writing on the form provided by the Municipality
  4. Hobby Kennel and Commercial Breeding Kennel application requirements: Every owner applying for a license for a hobby kennel or commercial breeding kennel shall submit the following documentation to the Licensing Officer:
    1. in the case of a kennel for pure-bred dogs, proof of active membership in the Canadian Kennel Club or any other Association incorporated under the Animal Pedigree (Canada)
    2. in the case of a kennel for pure-bred dog, proof of active participation or registration in dog sled or similar races within the previous of upcoming 12 months as may be deemed acceptable by the Licensing Officer
    3. in the case of a kennel for hunting dogs, proof of active membership in the Canadian Kennel Club for registered hunting dogs; or proof of active membership in an Association for the purpose of Hunting Dogs Training or Trailing; or a hunting dog license for each dog issued by the Ministry of Natural Resources within the previous 12 months; or such other proof of active or upcoming 12 months as may be deemed acceptable by the Licensing Officer
    4. in all cases written clearance from the Humane Society assuring compliance with Section 3 of the Bylaw, with any associated costs borne by the applicant
    5. in all cases, a site plan drawn to scale showing the location of all buildings or structures on the subject property, including the location of all buildings or structures to be used for Kennel purposes. The site plan must also specify the distance which separates the Kennel buildings, structure, dog runs and facilities from all property lines and all buildings, including any residential buildings situated on the adjacent properties
    6. in all cases, a list of all dogs to be kept at the subject property, including both purebreds and non-purebreds, and verification of current rabies vaccination for each dog
    7. as applicable, the Hobby Kennel License Fee or Commercial Breeding Kennel License Fee as set out in Schedule A attached hereto and forming part of this Bylaw
    8. Sworn declaration by the owner that he/she has never been convicted under Section 446 of the Criminal Code of Canada pertaining to animal cruelty
    9. Clearance from the Muskoka Parry Sound District Health Unit or such other agency or department responsible for public health, septic system approvals and/or sewage system approvals, as applicable. Such clearance is required for the initial license issued to a kennel and is not required for any annual renewal
  5. Boarding facility application requirements: Every owner applying for a License for a Boarding Facility shall submit the following documentation:
    1. written clearance from the Humane Society assuring compliance with Section 3 of this Bylaw, with any associated costs borne by the applicant
    2. a site plan drawn to scale showing the location of all buildings or structures on the subject property, including the location of all buildings, structures, dog runs or facilities to be used for a Boarding Facility. The site plan must also specify the distance, which separates the Facility from all property lines and all buildings, including residential buildings, situated on the adjacent properties
    3. Boarding Facility License Fee as set out in Schedule A attached hereto and forming part of this Bylaw
    4. Sworn declaration by the owner that he/she has never been convicted under Section 446 of the Criminal Code of Canada pertaining to animal cruelty
    5. Clearance from the Muskoka Parry Sound District Health Unit or such other agency or department responsible for public health, septic system approvals, and/or sewage system approvals, as applicable. Such clearance is required for the initial license issued to a Boarding Facility and is not required for any annual renewal
  6. Breeding facility prohibited in dwelling unit
    1. No breeding facility shall be located within any part of a dwelling unit or attached to any dwelling unit
    2. No part of any building or structure enclosing a breeding facility shall be used for human habitation
  7. Municipal Clearance: Prior to the issuance of any license, the Licensing Officer shall obtain municipal clearance from the following:
    1. the Animal Control Officer
      1. that there have been no bylaw infractions during the previous licensing year
      2. that a site inspection has been conducted to verify the information of the site plan and in the case of a Kennel, the number of dogs at the subject Kennel
    2. the Zoning Administrator that the site plan and type of kennel or boarding facility meets the applicable zoning requirements
  8. Refusal of License: The Licensing Officer shall refuse any license application which does not meet with all of the requirements of this Bylaw
    1. In the event that a license is refused, the Licensing Officer shall give Notice in writing to the Owner by registered mail or personal delivery
    2. The owner may apply to the Licensing Officer in writing within 20 days from the date of notice for a hearing before Council
    3. Upon receipt of a request for a hearing, the Licensing Officer shall arrange for such hearing at a Council meeting and notice of the date, time and location of the hearing shall be given to the owner in writing by registered mail or personal delivery not less that 7 days prior to the hearing
    4. Council shall review the application for license together with the Licensing Officer's reasons for refusal and/or recommendations for conditions to be placed on any license and shall hear the owner or agent's verbal or written submissions as to how the application fulfills the requirements of this Bylaw
    5. Council, upon reviewing and hearing these submissions may confer in closed session on the matter and shall render its decision and reasons therefore in open session
    6. Council may, in rendering its decision, place special conditions on the license for a specified time period
    7. The Licensing Officer shall give written notice of Council's decision to the owner in writing by registered mail or personal delivery within 10 days of the decision
    8. Council's decision shall be final and not subject to further review
  9. Changes to site plan: After the issuance of a License, the owner shall apply in writing to the Licensing Officer for approval of any changes which would alter the site plan submitted with the License application. The application for changes shall include a revised site plan.
    1. Upon receipt of a revised site plan, the Licensing Officer shall obtain the municipal clearance as set out in Section 2.7 of the Bylaw and may consult with the Humane Society that provided clearance for the initial application if deemed appropriate.
    2. Upon receipt of a revised site plan, the Licensing Officer may consult with the Muskoka Parry Sound District Health Unit or such other agency or department responsible for public health, septic system approvals that provided clearance for the initial application, if deemed appropriate
    3. Notice of approval or refusal of a site plan change shall be given by the Licensing Officer in writing by registered mail or personal delivery
    4. In the event that the proposed change is refused, the owner may apply for a hearing before Council following the same procedures as set out in Section 2.8 above
  10. Expiry of license and renewal: Every license issued pursuant to this Bylaw shall expires on the 28th day of February in the year succeeding the date of issue and every application for renewal of a license shall be finalized on or before the same date
  11. Exemption from dog tags and 3 dog limit
    1. Upon the issuance of a license under this Bylaw, the owner shall be exempt from the purchase of dog tags under the Dog Licensing and Control Bylaw for the dogs in a kennel or dogs in a boarding facility
    2. Notwithstanding 2.11.1, the owner of a boarding facility shall not be exempt from the purchase of dog tags of the 3 dog limit in respect to any dogs owned by the owner unless the owner holds a valid kennel license for the subject property
    3. The three-dog limit shall apply where the boarding of one (1) domestic animal is permitted and no Boarding Facility License is required
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3.MINIMUM STANDARDS

All kennels and boarding facilities shall comply with the minimum standards.

  1. Every kennel or boarding facility shall be of sufficient space to allow the dogs or domestic animals kept therein to stand erect and to be comfortable, and shall have no less that 2.3 square meters (25sq. ft.) of floor area per dog or domestic animal which may be increased in accordance with the size of the dog or decreased in accordance with the size of any other domestic animal using reasonable judgement and approved by the Humane Society
  2. Each dog run shall have a minimum floor area of 3.0 square meters (32sq. ft.) in the case of runs for domestic animals, the minimum floor area may be decreased in accordance with the size of the intended domestic animal using reasonable judgment and subject to approval by the Humane Society
  3. Every kennel or boarding facility shall provide an adequate constant supply of potable water for each animal's consumption
  4. Every kennel or boarding facility shall be kept in a sanitary, well ventilated condition and free from offensive odors, disease, and vermin. Animal feces shall be removed daily
  5. The owner of a kennel or boarding facility shall maintain compliance with the Health Protection and Promotion Act at all times
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4.CONFINEMENT AND CONTROL OF DOMESTIC ANIMALS

  1. All dogs or domestic animals shall be confined inside the kennel or boarding facility building during the hours of 10:00 p.m. to 7:00 a.m.
  2. The owner of a kennel or boarding facility shall maintain control of all dogs or domestic animals under his care at all times
  3. The owner of a kennel or boarding facility shall maintain compliance with the Municipality's Noise Bylaw at all times
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5.COMPLAINTS

  1. In the event that a complaint is received by the Licensing Officer, that the owner is not in compliance with the minimum standards set out in Section 3 of this Bylaw, the Animal Control Officer shall be directed to investigate the matter and report to the Licensing Officer
    1. Upon receipt of the Animal Control Officer's Report the Licensing Officer may request at the Owners expense, that the Humane Society re-inspect and provide an up-to-date approval in accordance with Section 2.4.4. or 2.5.1
    2. Upon receipt of the Animal Control Officer's Report the Licensing Officer may request at the owners expense, that the Muskoka Parry Sound District Health Unit or such other agency or department responsible for public health, septic system approvals and/or sewage system approvals provide an up-to-date approval
    3. In the event that the owner is found in contravention of the Health Protection and Promotion Act, the Muskoka Parry Sound District Health Unit may take whatever action is deemed appropriate under the provisions of the Act
    4. In the event that the owner is unable or unwilling to obtain an up-to-date approval from the Humane Society or from the Muskoka Parry Sound District Health Unit, or such other agency or department responsible for public health, septic system and/or sewage system approvals, where applicable. The Licensing Officer shall commence proceedings to revoke the license under Section 6 of this Bylaw
    5. In the event that the owner is found in contravention of the Dog Control Bylaw or Noise Bylaw, the Animal Control Officer may take whatever action is deemed appropriate under the provisions of the applicable bylaw
    6. In the event that the owner is unable or unwilling to comply with the provisions of Section 4, the Licensing Officer shall commence proceedings to revoke the license under Section 6 of this Bylaw
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6.REVOCATION OF LicensE

  1. Any license issued under the provisions of this Bylaw may be revoked prior to expiration for any breech of the provisions of this Bylaw
  2. Prior to the revocation of this license, the Licensing Officer shall give notice in writing to the owner by registered mail or personal delivery and the owner may apply for a hearing before Council, following the same procedures as set out in Section 2.8 of this Bylaw
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7.ADMINISTRATION, ENFORCEMENT AND INSPECTION

  1. This Bylaw shall be administered by the Licensing Officer who shall give notice in writing to the owner by registered mail or personal delivery and the owner may apply for hearing before Council, following the same procedures as set out in Section 2.8 of the Bylaw
  2. This Bylaw shall be enforced by the Animal Control Officer, as defined herein or such other person or persons as the Council may by bylaw appoint and all such persons shall be considered inspectors under the terms of this Bylaw
  3. An inspector under this Bylaw, such as the Animal Control Officer, Licensing Officer, Building Inspector or an Inspector for the OSPCA,
    1. has the power to enter upon and examine any building, structure, run or facility or part thereof, used for Kennel or Boarding Facility purposes at any reasonable time or times
    2. shall, in the case of the kennel located within or as part of a residential unit, obtain the owner's permission, such permission not to be reasonably withheld
    3. may be accompanied by such other person or persons as they deem necessary to properly carry out their duties under this Bylaw
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8.OFFENCES

Every person who hinders, disturbs, or obstructs any inspector in the carrying out of their duties under this Bylaw, or contravenes any provisions of this Bylaw, is guilty of an offence and subject to a penalty pursuant to the Provincial Offences Act. R.S.O. 1990, P.33 as amended

The conviction of an offender upon breech of any provisions of the Bylaw shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breech of any provisions of the Municipal Act, R.S.O. 1990 M.45,s.327, as amended from time to time, shall further apply to any continued or repeated breech of this Bylaw

If any court of competent jurisdiction finds that any of the provisions of this Bylaw are ultra vires of the jurisdiction of Council or are invalid for any reason, the other provisions of the Bylaw shall remain in full force and effect

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9.MISCELLANEOUS

  1. Where the context permits, words importing the singular member of/or the masculine gender, also include more than one person(s), parties, or things of the same kind than one and female as well as male
  2. This Bylaw may be cited as the Kennel and Boarding Facility Licensing Bylaw
  3. Schedule B shall provide for the exemption of existing kennels for Sections 2.4 to 2.7 and Sections 3.1 & 3.2. All other sections shall apply and should their use cease they will not be exempt from this Bylaw

ENACTMENT

That this Bylaw shall take full force and effect upon the date of final passing.
Read a first, and second time on this day of 2002.
Read a third time and finally passed on this day of 2002.

Schedule A to Bylaw No. 05-2002: License Fee Schedule

  • Hobby Kennel $75.00
  • Commercial Breeding Kennel $75.00
  • Domestic Animal Boarding Facility $75.00

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