City of Timmins Bylaws

City of Timmins By-Law No. 2005-6220

CITY OF TIMMINS

BY-LAW N0. 2004-6014

BEING A BY-LAW for the licensing, registration, regulation and control of dogs and for the determination of

the compensation to be allowed for impounding, distraining and detaining of dogs within the City of Timmins.

WHEREAS Sections 103.(1), 105.(1) 128. (1) and 130 of the Municipal Act, S.O. 2001, Chapter M. 25 and

amendments thereto, permits municipalities to license and regulate animals within the municipality.

NOW THEREFORE the Council for the Corporation of the City of Timmins enacts as follows.

PART I – DEFINITIONS

1. For the purposes of this by-law,

“Appeal Committee” means a committee as designated by the City of Timmins for the purpose of this bylaw

for hearing appeals following the issuance of a Dangerous Dog Notice;

“Animal Control Officer” means any person appointed by the Council for the City of Timmins pursuant to

Section 15 of the Police Services Act to enforce the provisions of this By-law;

“Certificate” means a certificate, confirmation or other report, in writing, of a veterinary surgeon

evidencing that a particular dog therein identified has been spayed or neutered; it also means a

certificate of insurance from an insurer;

“City” means The Corporation of the City of Timmins;

“Dangerous Dog” includes any of the following:

a) a dog that, in the absence of any mitigating factor has attacked, bitten, or caused injury to

a person or has demonstrated a propensity, tendency or disposition to do so,

b) a dog that, in the absence of any mitigating factor, has significantly injured a domestic

animal,

c) a dog, previously designated as a potentially dangerous dog, that is kept or permitted to be

kept by its Guardian in violation of the requirements of such dog,

d) a dog that is attack trained, or

e) means a dog that is kept for the principal purpose of security or protection, whether

residential, commercial or industrial, of persons or property;

“Dog” means a domesticated canine animal, male or female, two months of age and older, but does not

include a guide dog within the meaning of the Blind Persons Act, as amended, or a Police Work Dog;

Dog Owner” means a person who owns a dog or a person, who possesses, keeps or harbours a dog

for any period of time;

“Dwelling” or “Dwelling Unit” means a premises or any part thereof occupied as living accommodation

and includes the lot used in conjunction with it;

“Guardian” means any person, partnership, association or corporation that owns, keeps, possesses or

harbors a dog or dogs and “own”, “owns,” or “owned” have a corresponding meaning and where the

Guardian is a minor means the parent, guardian or person having custody of the minor;

“Harbor” means having care, custody or control of a dog;

“Highway” means a common and public highway, street, avenue, parkway, driveway, square, place and

bridge, designed and intended for use by the general public for the passage of vehicles and persons;

“Leash” means a chain rope or other device used to restrain a dog, affixed to a collar and of not more

than one and one-half metres in length;

“Licence” means a licence issued by the Issuer or their designate;

“Licence Agent” means an agent as designated by the Licence Issuer authorized to sell licences;

‘Licence Issuer” means the Manager of By-law Services and includes any person or organization

authorized by the Manager to accept dog registrations and issue dog licences;

“Manager of By-law Services” means the person designated by the City of Timmins to manage By-law

Services.

“Microchip” means an encoded electronic device implanted in an animal by or under the supervision of

a veterinarian, which contains a unique code number that provides owner information that is stored in a

central database;

“Mitigating Factor” means a circumstance that excuses aggressive behavior of a dog and without

limiting the generality of the foregoing, may include circumstances where:

a) the dog was, at the time of the aggressive behavior, acting in defense to an attack from a

person or a domestic animal,

b) the dog was, at the time of the aggressive behavior, acting in defense of its young or

reacting to a person or domestic animal trespassing on the property of its Guardian,

c) the dog was at the time of the aggressive behavior, being teased, provoked or tormented;

“Municipal Law Enforcement Officer” means a municipal by-law enforcement officer appointed under

Section 15 of the Police Services Act by the City of Timmins and shall include any person appointed as

an Animal Control Officer by the City for the purposes of this by-law;

“Municipality” means the City of Timmins;

“Municipal Pound” means a pound maintained by or on behalf of the City of Timmins;

”Municipal Property” means property other than a highway;

“Muzzle” means a humane fastening or covering device placed over a dog’s mouth and of sufficient

strength to prevent the dog from biting;

“Photograph” means a picture or likeness obtained by film or digital camera for the purpose of physical

identification;

“Potentially Dangerous Dog” means a dog that in the absence of any mitigating factors, chases or

approaches any person or domestic animal, anywhere other than on the property of its Guardian, in a

menacing fashion or apparent attitude of attack, including, but not limited to, behavior such as growling

or snarling;

“Pound” means a premises that is used for the detention, maintenance or disposal of dogs that have

been impounded pursuant to a by-law of the municipality;

“Pound Keeper” means a person or organization responsible for maintaining the pound on behalf of the

Municipality for the purpose of enforcing and carrying out the provisions of this by-law;

“Premises” means lands, buildings or any structures;

“Society” means the Timmins and District Humane Society (by-law 2005-6120)

PART II – LICENSING

2. (1) Every person who has become the Guardian of a dog two months of age or older shall obtain a

licence for each such dog and pay to the City a licence fee for each such dog in accordance with the

provisions of this By-law.

(2) A dog used as a guide or for assistance to a disabled person shall be licensed and shall wear the

current licence tag. Any person who produces evidence satisfactory to the municipality showing that the

dog is required as a guide or for assistance by a disabled person shall be exempt from paying the

licence fee.

(3) The Guardian shall renew the licence for every dog annually with the municipality.

(4) Every licence issued pursuant to this by-law shall expire on the 1st day of the

following month one year from the date of issue.

3. (1) Every licence issued pursuant to this by-law shall be in the form of a dog tag.

(2) Every licence shall bear a serial number for the year sold.

(3) When a dog is off the property of the Guardian the Guardian shall cause the dog to wear around the

neck a collar to which shall be attached the current licence tag issued for that dog by the municipality.

4. (1) A person claiming entitlement to a lower dog licence fee on the basis that the dog in question has

been spayed or neutered, shall produce a Certificate to the Issuer verifying such claim.

(2) No person shall produce to the Licence Issuer a Certificate respecting a dog other than the dog for

which the Certificate was issued.

5. (1) The licence fee to be paid to the Licence Issuer at the time of the issuance of the licence shall be as

follows:

Licence Fee

Each Neutered Dog $ 35.00 each

Each Non-Neutered Dog $ 60.00 each

(2) The fee charged for the replacement of a current lost dog tag shall be Twenty Dollars ($ 20.00) for each

tag.

(3) If there is a change of ownership of a dog during the licence year, the Guardian shall notify the

Licence Issuer immediately of the change of ownership and the new Guardian shall pay a Twenty Dollars

($20.00) licence transfer fee for this service to the Licence Issuer.

(4) Where a person who is the Guardian of a dog, becomes a resident in the City of Timmins and is in

possession of a valid dog licence issued by another municipality, an application shall be made to the

Licence Issuer for a licence pursuant to this by-law and a licence shall be issued upon the following

conditions:

(a) payment of a licence fee of Twenty dollars ($20.00),

(b) surrender of the dog licence issued by the other municipality.

(5) The Licence Issuer is hereby authorized to designate such Licence Agents as may be required from

time to time to sell licences, provided however, that a Licence Agent shall be entitled to a commission of

Two Dollars ($2.00) for each licence sold.

PART III KEEPING OF DOGS

6. (1) No person shall keep more than 4 domestic dogs on the premises of any single-family dwelling unit.

(2) Where there is more than 1 dwelling unit on a parcel of land no person shall keep more than 2 dogs

per dwelling unit.

PART IV – DOGS RUNNING AT LARGE

7. (1) No person shall permit any dog for which they are the Guardians to run at large in the City of

Timmins.

(2) Every Guardian shall have their dog under leash and under effective control of a competent person

when found in any place other than the premises of the Guardian or is on the lands of a person who

has given prior consent to the dog being unleashed. (by-law 2005-6120)

8. (1) Any dog found running at large shall be seized, impounded, sold, redeemed or humanely

euthanized as provided for in this by-law.

(2) Any dog found on private property shall, upon request of the Guardian or occupant of such private

property, be seized and impounded as provided for in this by-law.

(3) The Animal Control Officer may enter any land without the consent of a Guardian or owner in pursuit

of any dog that has been observed running at large. Where the Guardian or owner of the land is not

present to claim the dog, the Animal Control Officer may seize the dog as a dog found running at large.

PART V – MUZZLING, LEASHING AND CONTAINMENT OF DOGS

9. No Guardian shall permit their dog to bite or attack without provocation a person or domestic animal.

10. (1) Every Guardian, when their dog is on the property of the Guardian or on the property of some

person with such person’s consent, shall keep their dog from leaving the property on its own, by means

of:

a) Enclosure,

b) Containment within a fenced area, or

c) Physical restraint of the dog by a chain or other similar device.

(2) Notwithstanding section 10(1) when such dog is on the property of the Guardian or on the property of

some other person such person’s consent and where such lands are zoned and used for agricultural

purposes, the Guardian may keep the dog from leaving such property on its own by any reasonable

means.

11. (1) When an Animal Control Officer or Police Officer designates a dog as a Potentially Dangerous

Dog, the Animal Control Officer or Police Officer shall serve a Potentially Dangerous Dog Notice upon

the Guardian. Every Guardian, upon receipt of such notice shall comply with such of the following

requirements: (by-law 2005-6120)

(a) to keep such dog, when it is on the property of the Guardian, confined:

i. within the Guardian’s dwelling, or

ii. in a securely enclosed pen of sufficient dimension and strength to be a humane

shelter for the dog and to prevent the dog from coming in contact with or making a

real and substantial threat of attack on a person other than the Guardian of the dog;

and

iii. the pen or structure shall not be within one (1) meter of the property line or within

three (3) meters of a neighboring dwelling unit, or

iv. if not confined under subparagraphs (i), and (ii) above, to keep such a dog on a

leash and under control of the Guardian;

(b) to keep such dog, when it is on the property of another person with that person’s consent, on a

leash and under the control of that person who is eighteen years of age or more;

(c) to securely attach a Muzzle to such a dog at all times when it is not on the property of the

Guardian or not on the property of another person who is eighteen years of age or more;

(d) to obtain and maintain in force a policy of public liability insurance issued by an insurer

licensed by the Province of Ontario providing third party liability coverage in an amount of not

less than $1,000,000.00 per incident for any damage or injury caused by such Potentially

Dangerous Dog and to provide to the Animal Control Officer a Certificate of such policy and

each subsequent renewal of it. Such policy shall contain a provision requiring the insurer to

immediately notify the Manager of By-law Services should the policy expire, be cancelled or be

terminated for any reason;

(e) to permit the Animal Control Officer to have a veterinarian insert a microchip implantation in

such dog, at the Guardian’s expense, for the purpose of identifying such dog as a potentially

dangerous dog;

(f) To restrain the potentially dangerous dog in accordance written directives which may be given

by the Animal Control Officer or a Police Officer.

12. (1) If an Animal Control Officer or Police Officer designates a dog as a Dangerous Dog, the Animal

Control Officer or Police Officer shall serve a Dangerous Dog Notice upon the Guardian. Every

Guardian, upon receipt of such notice shall comply with such of the following requirements :

(a) to keep such dog confined;

i. within the Guardian’s dwelling; or

ii. in an enclosed pen of sufficient dimension and strength to be a humane shelter for

the dog and to prevent the dog from coming in contact with or making a real and

substantial threat of attack on a person other than the Guardian of the dog. Such

dog may not be chained as means of confinement,

iii. the pen or structure shall not be within one (1) meter of the property line or within

three (3) meters of a neighboring dwelling unit,

(b) to conspicuously display at each entrance to their property a sign in writing, as well as with a

symbol, warning that there is a dangerous dog on the property. This sign shall be visible from

the roadway or thoroughfare;

(c) to securely attach a Muzzle to such a dog at all times when it is not confined in accordance

with section 12(1)(a);

(d) to obtain and maintain in force a policy of public liability insurance issued by an insurer

licensed by the Province of Ontario providing third party liability coverage in an amount of not

less than $1,000,000.00 per incident for any damage or injury caused by such Dangerous Dog

and to provide to the Animal Control Officer or Police Officer a Certificate of such policy and

each subsequent renewal of it. Such policy shall contain a provision requiring the insurer to

immediately notify the Manager of By-law Services should the policy expire, be cancelled or be

terminated for any reason;

(e) to permit the Animal Control Officer to have a veterinarian insert a microchip implantation in

such dog, at the Guardian’s expense, for the purpose of identifying such dog as a Dangerous

Dog;

(f) To restrain the Dangerous Dog in accordance with any written directives which may be given

by the Animal Control Officer or Police Officer.

13. (1) The notices referred to in Sections 11(1) and 12(1) hereof shall include:

(a) a statement that the Animal Control Officer or Police Officer has reason to believe that the dog

is a Potentially Dangerous Dog or a Dangerous Dog, as the case may be;

(b) the requirements that the Guardian must comply with in accordance with sections 11(1) or

12(1) and when such requirements take effect; and

(c) a statement that the Guardian may request, within three working days of receipt of the Animal

Control Officer or Police Officer’s notice, and is entitled to, a hearing by the Appeal Committee

that may affirm or rescind the Animal Control Officer’s or Police Officer’s designation of the dog

as a potentially dangerous dog or a dangerous dog, as the case may be and may substitute its

own designation or its own requirements of the Guardian of a potentially dangerous dog

pursuant to subsection 11(1)(a) through (f) or a dangerous dog pursuant to subsection 12(1)(a)

through (f).

14. (1) If a Guardian receives notice from the Animal Control Officer or Police Officer designating their dog

to a be a potentially dangerous dog or a dangerous dog, and so requests in writing to the Society within

three working days of receipt of such notice, the Appeal Committee shall hold a hearing pursuant to the

provisions of the Statutory Powers Procedure Act within 15 working days of the Society’s receipt of the

request for a hearing and may: (by-law 2005-6120)

(a) affirm or rescind the Animal Control Officer or Police Officer’s designation of the dog as a

potentially dangerous dog or as a dangerous dog, as the case may be;

(b) substitute its own designation of the dog as a potentially dangerous dog or as a dangerous dog, as

the case may be;

(c) substitute its own requirements of the Guardian of a potentially dangerous dog pursuant to section

11(1)(a) through (f);

(d) substitute its own requirements of the Guardian of a dangerous dog pursuant to section 12.1(a)

through (f).

15. An Animal Control Officer or Police Officer may either on their own initiative or as a result of a complaint

received by them from conduct an inquiry into whether a dog should be designated a potentially

dangerous dog or as a dangerous dog, as the case may be;

16. The requirements of sections 11(1)(d) and (e) and 12(1) (d) and (e) that may be imposed on a Guardian

by the Animal Control Officer or Police Officer pursuant to each subsection shall not be required to be

effected until the earlier of the time for appeal under section 14 has elapsed with a request for a hearing

pursuant to that section being received by the Society, or the hearing under section 14 has been duly

requested and a determination has been made by the Appeal Committee.

17. (1) Every Guardian whose dog has been designated a potentially dangerous dog or a dangerous dog

pursuant to this by-law shall advise the Manager of By-law Services immediately if they transfer

guardianship of such dog to another person or changes the address at which such dog is kept and shall

furnish the Manager of By-law Services with particulars of the name and address of the new Guardian

or the new address at which the potentially dangerous dog or dangerous dog is kept.

(2) A Dangerous Dog

Notice served upon and being enforced on the Guardian who owned the dog at

the time of service shall be deemed to have been served and is enforceable on the new Guardian of the

dog. The new Guardian shall be required to comply to the requirements as set out in the Dangerous

Dog Notice served upon the original owner of the dog.

18. Any notices served by the Animal Control Officer or Police Officer or requests for hearings made by a

Guardian pursuant to this by-law shall be provided by hand delivery or prepaid registered mail and, in

event of service by prepaid registered mail, shall be deemed received on the fifth business day after the

date of mailing.

19. Notwithstanding section 23 where a potentially dangerous dog or a dangerous dog has been

impounded for any reason, the Animal Control Officer or pound keeper shall not restore that dog to its

Guardian or to any other person unless the Animal Control Officer or Police Officer is satisfied that the

person to whom the dog is to be restored is aware of and is compliance with the provisions of sections

11(1) and 12(1) as the case may be. All fees otherwise payable to the Animal Control Officer upon

restoration of an impounded dog are payable by the Guardian of a potentially dangerous dog or

dangerous dog for any length of time it may be held in the pound pursuant to this section.

20. If the Guardian of a potentially dangerous dog or dangerous dog that has been impounded is unable to

demonstrate compliance with the provisions of sections 11 and 12 as the case may be to the

reasonable satisfaction of the Animal Control Officer or refuses to do so, the Animal Control Officer

after a reasonable period of time, may sell or otherwise dispose of the dog in accordance with this bylaw.

21. The municipality shall have the authority to make whatever inquiry is deemed necessary to ensure

compliance with the provisions outlined in section 11(1) and 12(1).

PART VI – IMPOUNDMENT

22. (1) An Animal Control Officer, Pound Keeper or Police Officer shall seize and impound every dog found,

(a) running at large contrary to the provisions of this by-law,

(b) on private property, where requested to do so by the Guardian or occupant of such private

property.

(2) The Animal Control Officer and Pound Keeper shall make all reasonable efforts to identify and

contact the owner of every stray dog received.

23. (1) Where a dog has been seized or impounded pursuant to the provisions of Section 22, the Guardian

of the dog may redeem such dog within 3 days exclusive of Saturdays, Sundays and statutory holidays.

(2) After the expiration of the redemption period, the Pound Keeper where a dog has impounded

pursuant to this by-law may keep, sell or dispose of the dog, subject to the provisions of the Animals for

Research Act, R.S.O. 1990, c. A. 22, as amended. The Pound Keeper shall ensure that a purchaser

living within the City first obtains a dog licence for the dog.

(3) Where the Guardian of the dog has signed a consent and indemnity form releasing the dog to the

City of Timmins the animal becomes the property of the City of Timmins and the City of Timmins may at

its discretion keep, sell or dispose of the dog.

(4) Where in the opinion of the pound keeper, a dog seized or impounded is injured or ill and should be

destroyed without delay for humane reasons or for reasons of safety to persons, the dog may be

euthanized humanely.

24. Where a dog has been impounded for biting, and the City is required by any Act to impound a dog for a

determined period, the Guardian prior to release of the dog shall pay a maintenance fee for each day

the dog was impounded as set out in this by-law.

PART VII FEES

25. (1) Where the Guardian of an animal has requested that the City of Timmins take possession of the

said animal the Guardian shall be subject to the following fees:

a) Each dog $40.00

b) Dog’s litter $40.00

c) Each cat $35.00

d) Cat’s litter $35.00

e) Disposal of a deceased dog by cremation, not euthanized by the City of Timmins $ 75.00 under 45 kg. $ 100.00 over 45kg

f) Disposal of a deceased cat by cremation, not euthanized by the City of Timmins $75.00

(2) When the Animal Control Officer is requested to pick-up an animal at the Guardian’s residence for

the purpose of releasing the animal to the City of Timmins, the charge for a home the pick-up shall be

$60.00 for a dog and $55.00 for a cat. These prices include fees, pickup charge and appropriate taxes.

(3) Where the Guardian has requested that the City of Timmins take possession of their animal under

Subsection (1) the owner shall sign a consent and indemnity form provided by the Pound Keeper prior

to the Pound Keeper accepting said animal.

(4) Where the Guardian of an animal is not a resident of the City of Timmins and it is their wish that the

City of Timmins take possession of their animal the Guardian shall sign a consent and indemnity form

provided by the Pound Keeper prior to the Pound Keeper accepting said animal and the charges shall

be:

a) Each dog $ 80.00

b) Dog’s litter $ 80.00

c) Each cat $ 70.00

d) Cats $ 70.00

26. (1) The Pound Keeper shall not accept any animal being released to the City of Timmins by a Guardian

without first viewing 1 piece of identification confirming the identity of the Guardian satisfactory to the

Pound Keeper.

(2) The Pound Keeper shall not accept any animal being released to the City of Timmins by a Guardian

until such time as the prescribed fees have been paid in accordance with Section 25 of this By-law.

27. (1) Where a dog is seized and impounded under authority of this by-law, the Guardian, if known and

whether the dog is claimed from the pound or not, shall be liable for the pound maintenance fees

prescribed and shall pay all fees on demand by the Animal Control Officer or Enforcement Agent.

(2) The Pound Keeper may release an impounded dog to its owner:

a) if the owner claims possession of the dog within four(4) working days after the date of seizure

and impounding; and

b) where on application to the Pound Keeper or an Animal Control Officer and proving their

ownership and being satisfied that the Guardian is in receipt of a dog licence for the current year

from the Licence Issuer and upon payment of pound fees as follows:

i) When a dog is wearing a current dog licence and the dog has not been picked up since the

purchase of the said dog licence the dog shall be returned to the Guardian at no charge.

ii) When the Guardian is in possession of a current dog licence when the dog is seized or

impounded however the dog is not wearing the said licence, at the time of pick up, the

Guardian shall be subject to a pound fee of Forty Five Dollars ($45.00).

iii) When a licensed dog is seized or impounded on a second occasion since the purchase of

the licence and any subsequent occasion during the current year of the licence and whether

the dog is wearing the licence or not, the Guardian will be subject to a pound fee of One

Hundred And Twenty Five Dollars ($125.00).

iv) At any time that an unlicensed dog is seized or impounded the Guardian of the said dog

will be subject to a pound fee of One Hundred And Twenty Five Dollars ($125.00).

v) In all circumstances list in (i) to (iv)the Guardian shall pay a boarding fee of $25.00 for each

overnight stay the dog remains impounded,

vi) any veterinary fees incurred for the dog by the City of Timmins, and,

(vii) When a dog has been impounded for biting, and the City of Timmins is required by any

Act to impound a dog for a determined period, prior to releasing the dog to the Guardian, the

Guardian shall be pay a boarding fee as determined in section 27(2)(b)(v) for each overnight

stay the dog was cared for at the pound.

PART VIII – POOP & SCOOP

28. Every Guardian not being a blind person or disabled person shall immediately remove and dispose of

any excrement left by their dog.

PART IX – COMPENSATION

29. The City, its employees, agents and servants and the Animal Control Officer shall not be liable for

damages or compensation for any dog or cat humanely euthanized under the provisions of this by-law

and no such damages or compensation shall be paid to any person.

PART X – PENALTY

30. If any Section, Subsection, Clause or Paragraph of this by-law is, for any reason, held invalid, such

portion shall be deemed separate, distinct and independent and such holding shall not affect the validity

of the by-law as a whole or any part thereof, other than the provisions so declared to be invalid.

31. (1) Every person who contravenes any provision of this by-law is guilty of an offence, the Municipal Act

S.O. 2001 c. 25, Section 425;

(2) No person shall hinder or obstruct, or attempt to hinder or obstruct, any person exercising a power

or performing a duty under this by-law, the Municipal Act S.O. 2001 c. 25, Section 426(1);

(3) Any person who contravenes subsection 31(2) is guilty of an offence, the Municipal Act S.O. 2001 c.

25, Section 426(2);

(4) Every person who is convicted of an offence is liable to a fine as provided for by the Provincial

Offences Act R.S.O. 1990 Chapter P.33 as amended, and all the provisions of the said Act shall apply

to any prosecution for any offence under the provisions of this by-law.

PART XI EXEMPTIONS

32. This by-law shall not apply to:

a) A veterinary hospital clinic, office, or veterinary service lawfully operated and supervised by a

veterinarian licensed to practice in Ontario;

b) Premises registered as a research facility in accordance with the Animals for Research Act, as

amended;

c) Any person licensed or exempted as an operator of animal supply facility in accordance with the

Animals for Research Act, as amended, or the employees of such facility, during the course of their

duties;

d) Any dog owned, possessed or harboured by the Timmins Police Service, Ontario Provincial Police,

Royal Canadian Mounted Police or any other local police or other governmental enforcement

agency.

PART XII GENERAL

33. This by-law may be referred to as the Animal Control By-law.

34. By-law Numbers 1981-1671 and 1987-2753 and amendments thereto are repealed effective January 1,

2005.

35. This by-law shall come into force and take effect on the 1st day of January 2005.

READ a first, second and third time and finally passed this 18th day of October 2004.

(SGD) VICTOR M. POWER

CERTIFIED TRUE COPY MAYOR

OF BY-LAW NO. 2004-6014

(SGD) R.J. WATSON

CLERK

CLERK

READ a second and third time and finally passed this 8th day of November, 2004.

(SGD) VICTOR M. POWER

CERTIFIED TRUE COPY MAYOR

OF BY-LAW NO. 2004-6014

(SGD) R.J. WATSON

CLERK

Amos Latta, DEPUTY CLERK

 

 

CITY OF TIMMINS

BY-LAW NO. 2005-6220

BEING A BY-LAW for the licensing, registration, regulation and control of cats and for the determination

of the compensation to be allowed for impounding and detaining of cats within the City of Timmins.

WHEREAS Sections 103. (1), 105. (1) 128. (1) and 130 of the Municipal Act, S.O. 2001, Chapter M. 25

and amendments thereto, permits municipalities to license and regulate animals within the municipality.

NOW THEREFORE the Council for the Corporation of the City of Timmins enacts as follows.

1. In this by-law:

“at large” means to be found in any place other than the premises of the owner of the cat and

not under the control of any person by way of a leash of a maximum length of two (2) meters

held by a person, or when a cat is not on a leash which is securely affixed to some

permanent structure from which the cat cannot escape;

“by-law enforcement officer” means any person appointed by Council for the City of Timmins

pursuant to Section 15 of the Police Services Act to enforce the provisions of this by-law,

“cat” means a feline over the age of six weeks of any breed of domesticated cat or

crossbreed-domesticated cat,

“City” means The Corporation of the City of Timmins,

“control” includes care and custody,

“dwelling” or “dwelling unit” means a premises or any part thereof occupied as living

accommodation and includes the lot used in conjunction with it,

“owner” includes a person who possesses, harbours or somebody who regularly feeds a cat

and who is eighteen years of age or over and “Owns” and “Owner” have a corresponding

meaning.

“pound keeper” means a person or organization responsible for maintaining the pound on behalf

of the Municipality for the purpose of enforcing and carrying out the provisions of this by-law,

2. Every owner of a cat shall place on the cat a collar on which is permanently inscribed the

name and address of the owner.

3. (1) No owner of a cat shall permit the cat to be at large.

(2) Every owner of a cat shall prevent their cat from being at large.

(3) No person shall suffer, allow or permit a cat under their control or of which they are the

registered owner to trespass on private property whether on a leash or not unless permission

for said trespass is first obtained from the property owner.

4. The maximum number of domestic cats that may be kept by any person on the premises of

any dwelling is six (6) provided they are kept within such dwelling

5. Upon payment of the applicable annual fee, owners of domestic cats shall be furnished with

a cat identification tag bearing a serial number, the year for which it was issued and the

name and description of the cat shall be entered into an identification register.

6. (1) The cat identification fee to be paid to the pound keeper shall be as follows:

License

Fee

Each Neutered Cat $ 35.00 each

Each Non-Neutered Cat $ 60.00 each

(2) The fee charged for the replacement of a current lost cat tag shall be Twenty Dollars ($20.00)

for each tag.

(3) If there is a change of ownership of a cat during the licence year, the owner shall notify the

pound keeper immediately of the change of ownership and the new owner shall pay a Ten

Dollars ($10.00) identification transfer fee for this service.

(4) Where a person who is the owner of a cat, becomes a resident in the City of Timmins and is

in possession of a valid cat identification tag issued by another municipality, an application shall

be made to the pound keeper for a licence pursuant to this by-law and a licence shall be issued

upon the following conditions:

a) payment of a licence fee of Twenty Dollars ($20.00),

b) surrender of the cat identification tag issued by the other municipality.

(5) The Licence Issuer is hereby authorized to designate such Licence Agents as may be

required from time to time to sell licences, provided however, that a Licence Agent shall be

entitled to a commission of Two Dollars ($2.00) for each licence sold.

7. (1) A by-law enforcement officer may take into custody a cat that has been otherwise

confined:

a) not having a tag in accordance with section 6,

b) that is at large;

c) that is not under control by means of a leash;

d) that is trespassing on a public place; or

e) that is trespassing on private property, upon request of the owner of the property or

his or her representative.

(2) Where the by-law enforcement officer takes a cat into custody, they shall impound the

cat.

(3) Where a cat is found trespassing on private property the property owner or occupant may

seize the cat and release the cat to the pound keeper to be impounded.

8. Where a cat is impounded and the owner of the cat is known, the owner shall pay the

following expenses: $ 65.00 for first day and $20.00 per day thereafter and any veterinary fees

incurred for the cat.

9. No person shall retrieve a cat without payment of expenses in full referred to in section 8.

10. (1) Every cat owner shall claim the cat within four days of the day on which the cat was

impounded, excluding the day of impounding, Sundays, and statutory holidays.

(2) Where a cat is not claimed by its owner in accordance with subsection 10(1), the cat may

be sold or placed in a suitable home forthwith or disposed of or euthanised in a humane

manner.

11. Where a cat is injured or after being taken into custody or in the opinion of the by-law

enforcement officer should be destroyed without delay for humane reasons or for reasons of

safety to persons or animals, the by-law enforcement officer or other person appointed by the

City of Timmins, may euthanise the cat in a humane manner as soon after capture or

custody as they may determine without permitting any person to reclaim the cat or without

offering it for sale.

12. (1) Where the owner of a cat has requested that the City of Timmins take possession of the said

cat the owner shall be subject to the following fees:

a) Each cat $35.00

b) Cat with litter $35.00

c) Disposal of a deceased cat by cremation, not euthanized by the City of Timmins $40.00

(2) When a by-law enforcement officer is requested to pick-up a cat or a litter at the Owner’s

residence for the purpose of releasing the cat to the City of Timmins, the fee for the pick-up shall

be sixty five dollars ($65.00). This price shall include pound fees, pickup charge and appropriate

taxes.

(3) Where the Owner has requested that the City of Timmins take possession of their cat under

Subsection (1) the owner shall sign a consent and indemnity form provided by the by-law

enforcement officer prior to accepting said cat.

(4) Where the Owner of a cat is not a resident of the City of Timmins and it is their wish that the

City of Timmins take possession of their cat the owner shall sign consent and indemnity form

provided by the by-law enforcement officer prior to accepting said cat and the fees shall be:

a) Each cat $ 70.00

b) Cat with litter $ 70.00

13. The Pound Keeper shall not accept any cat being released to the City of Timmins by an owner

until such time as the prescribed fees have been paid in accordance with Section 12 of this Bylaw.

14. No compensation, damages, fees or other sum shall be,

(1) recoverable by a cat owner or other person;

(2) paid by the City of Timmins or its agents on account of, or by reason of,

a) capturing, taking into custody, or impounding a cat; or

b) selling, disposing or euthanising a cat, in the course of the administration and

enforcement of this by-law.

15. (I) No owner of a cat and no person who has control of a cat shall suffer, allow, or permit the

cat to defecate or urinate on or in the following premises:

a) Public place.

b) Private property, without the consent of the owner of the premises.

(2) The owner of a cat or other person referred to in subsection 1 shall immediately and

without delay, remove the excrement and provide for its sanitary disposition.

16. (1) Every person who contravenes any provision of this by-law is guilty of an offence, the

Municipal Act S.O. 2001 c. 25, Section 425;

(2) No person shall hinder or obstruct, or attempt to hinder or obstruct, any person exercising a

power or performing a duty under this by-law, the Municipal Act S.O. 2001 c. 25, Section 426(1);

(3) Any person who contravenes subsection 14(2) is guilty of an offence, the Municipal Act S.O.

2001 c. 25, Section 426(2),

(4) Every person who is convicted of an offence is liable to a fine as provided for by the Provincial

Offences Act R.S.O. 1990 Chapter P.33 as amended, and all the provisions of the said Act shall

apply to any prosecution for any offence under the provisions of this by-law.

17. This by-law shall come into force and take effect on the day of passage.

READ a first, second and third time and finally passed this 2nd day of May 2005

(SGD) VICTOR M POWER

CERTIFIED TRUE COPY MAYOR

OF BY-LAW NO. 2005-6220

(SGD) R. J. WATSON

CLERK

DEPUTY CLERK