Bylaw bl-2004-0130


          CORPORATION OF THE TOWN OF GEORGINA
                          IN THE
              REGIONAL MUNICIPALITY OF YORK


     BY-LAW NUMBER 2004-0130 (LI-3)
      
      
      
      A  BY-LAW  TO PROVIDE FOR THE LICENSING  AND
      REGULATION OF DOGS, FOR IMPOSING  A  LICENSE
      FEE ON THE OWNER THEREOF AND FOR PROHIBITING
      THE  RUNNING AT LARGE OF ANIMALS WITHIN  THE
      TOWN OF GEORGINA.
      

       WHEREAS   the  Municipal  Act,  2001,  as  amended,
authorized the Council of a local municipality to pass by-
laws in reference to animals kept within the municipality;

      NOW THEREFORE THE COUNCIL OF THE CORPORATION OF  THE
TOWN OF GEORGINA ENACTS AS FOLLOWS:

1.   Definitions

For the purposes of this By-law

     "animal" shall mean any domestic dog or cat

     "Animal Control Officer" includes any employee of the
     Town so appointed or an employee, person, company  or
     association who has entered into a contract with  the
     Corporation  of the Town of Georgina to control  dogs
     and  any servants or agents of such employee, person,
     company or association.

     "Clerk" shall mean the Clerk of the Town of Georgina.

     "dog" means any male or female dog over the age of 16
     weeks

     "cat" means any male or female domesticated cat

     AIssuer  of  Licenses@ means the  person  or  persons
     authorized  by  the  Town of Georgina  to  issue  dog
     licenses and to collect the required fees.

     Aowner@ means any owner of a dog, including a person,
     partnership,  association or corporation  that  owns,
     possesses,  harbours or has control care  or  custody
     over  a  dog  and where the owner is a  Aminor@,  the
     person responsible for the custody of the minor.

     "running at large" shall mean any dog or cat found in
     any  place  other than the premises of the owner  and
     not under the control of any person.

     AService  Animal@ means a guide dog or other  trained
     service  animal  identifiable  by  a  harness,   used
     principally to assist persons with a visual,  hearing
     or other impediment or law enforcement personnel.

     "Town" means the Corporation of the Town of Georgina.

Licencing

2.   Every owner of a dog shall upon becoming the owner of
     such animal, purchase a license for the current year for
     said dog.                                                  

3.   The  license shall be renewed annually on  or  before
     the  28th day of February each year and shall  expire
     on the 31st day of December of the same year.

4.   A  new resident of the Town shall not be required  to
     pay  a license fee for a dog if the license for  said
     dog  has  already been obtained for the current  year
     from  another  municipality to which he  or  she  has
     previously been a resident, providing such license is
     forfeited  to  an Issuer of Licenses and  payment  is
     made  for the cost of a replacement tag in accordance
     with the Schedule AA@ attached hereto.  Residents  of
     the Town of Newmarket, Town of Whitchurch-Stouffville
     or  Town  of  East Gwillimbury are exempt  from  this
     provision  of the by-law and will not be required  to
     purchase a replacement tag.

5.   Every  owner or person in control of, or in  apparent
     control  of, a registered dog shall keep the dog  tag
     securely  fixed  on the animal at all  times  (except
     while the dog is being used for hunting purposes) and
     shall  not  transfer the license issued to any  other
     person.  The license tag shall expire and become void
     upon sale, death or other means of disposal of dog.

6.   In the event a license is lost, the owner shall, upon
     satisfying  the Issuer of Licenses of such  loss,  be
     entitled to receive a replacement license upon payment of
     the fee prescribed in the Schedule AA@ attached hereto.

7.   No  owner of a dog shall use a license issued to  him
     or  her for any dog other than the dog for which  the
     license was issued.

8.   No  person  shall  remove a dog license  from  a  dog
     without the consent of the owner thereof.

9.   The fees charged for a dog registration tag shall  be
     in accordance with Schedule AA@ attached hereto.

10.  Any  person who produces evidence to the municipality
     showing  that  the dog is required  as  a  guide  for
     assistance by a disabled person shall be exempt  from
     paying the license fee.

Responsibility of the Owner

11.  No  owner(s)  or  tenant(s) within  any  residential,
     commercial,   industrial,  or   institutional   zoned
     property in the Town of Georgina shall keep more than
     three  dogs  per  property  (with  the  exception  of
     property   zoned   as   multi-residential   apartment
     buildings).   This  section does  not  apply  to  the
     following:
     a)   The operation of a licensed kennel;
b)   An animal hospital owned and operated by a
     veterinarian licensed by the Ontario Veterinarian
     Association;
c)   A pet store;
d)   An animal pound or shelter;
e)   All other zoned property.

12.  No  owner  shall permit any dog to bark or to  create
     any  noise  that is likely to disturb the inhabitants
     of the Town or that constitutes a public nuisance.

13.  Any  person  who owns, harbours, or possesses  a  dog
     shall forthwith clean up and dispose of any excrement
     left  by the said dog on any property whether  public
     or   private  in  the  Town  of  Georgina.   In   any
     prosecution  pursuant to a violation of this  section
     of  the by-law, proof that the defendant is either  a
     blind person or a handicapped person shall constitute
     a defense to such prosecution.
                      
14.  No owner of a dog shall allow the dog to run at large
     within  the limits of the Town.  For the purposes  of
     this section, a dog shall be deemed to be running  at
     large when found in any place other than the premises
     of  the owner of the dog and not under the control of
     any person and not on a leash.

15.  No  person  who  owns, harbours, or possesses  a  dog
     shall  allow  it,  whether leashed or  unleashed,  to
     trespass on private property

16.  Where  a  dog/cat is impounded, the owner  if  known,
     shall   be  liable  for  all  charges  and  fees   in
     accordance  with the by-law and shall  pay  all  such
     charges  and  fees  on demand to the  Animal  Control
     Officer,  whether or not the dog/cat is claimed  from
     the pound.


Responsibilities of Animal Control Officer

17.  The  Animal Control Officer may seize and impound any
     dog  or  cat found running at large contrary  to  the
     provisions of this by-law.

18.  An  Animal Control Officer may seize and impound  any
     dog or cat found running at large within the limits of the
     Town  of  Georgina or any dog found without a license
     contrary to the provisions of this by-law.  Any dog or cat
     so impounded, if not retrieved by the owner, shall be fed
     and watered for a period of a minimum of five (5) business
     days,  excluding the day on which the dog or cat  was
     impounded and excluding the days that the Shelter  is
     closed, and if not redeemed at the expiration of the five
     (5) day period, may be sold, given to fostering facilities
     or euthanized.

19.  Notwithstanding  Section 18, a  dog  or  cat  can  be
     euthanized after the three day redemption period  has
     expired if;
          
     a)  the dog or cat is, in the opinion of staff at the
         shelter facility, so ill or
         injured as to be unadoptable;
   
     b) the dog or cat is, in the opinion of the staff at the
        shelter facility, vicious or
        feral; or
               
          i)   the shelter facility has become
               overcrowded,
          
          ii)  all reasonable efforts to relocate the dog or cat to
               another shelter or
               shelter facility have failed, and
          
          iii) the dog or cat has been at the shelter facility for
               longer than any
               other  dog  or  cat in the facility  at  the time.

20.  No  attempt may be made by any authority to claim  or
     purchase  animals  for the purpose of  research,  not
     withstanding  the  provisions  of  the  Animals   for
     Research  Act,  R.S.O., 1990 and no animal  shall  be
     offered for same for the purpose of research.

21.  During  the redemption period set out in Section  18,
     the  owner  of a dog/cat shall be entitled to  redeem
     said  dog/cat in accordance with Schedule A  attached
     to this by-law.  No owner shall be entitled to redeem
     said  dog  until a current tag is procured  for  said
     dog.   The  owner  will be charged according  to  the
     current dog licensing fees.
         
          
22.  At the discretion of the Animal Control Officer, if a
     dog/cat  is seriously injured or should be  destroyed
     without  delay for humane reasons, or for  safety  of
     persons  or  animal, the dog/cat shall  be  destroyed
     forthwith and the costs recovered from the owner.

23.  If  a  dog/cat  is  injured and  the  services  of  a
     veterinary surgeon is secured, the owner shall not be
     entitled to redeem the dog/cat unless the charges for
     such  veterinary  surgeon=s  services  are  paid,  in
     addition  to other charges provided for in  this  by-
     law.

24.  An  Animal  Control Officer shall, within twenty-four
     (24)  hours from the impounding of any dog/cat,  make
     every reasonable effort to notify the owner that  the
     dog/cat  is  impounded  and  the  conditions  whereby
     custody of the dog/cat may be regained.

25.  Any  person shall be entitled to take charge  of  any
     dog/cat found running at large and deliver same to an
     Animal  Control  Officer  or  animal  shelter  during
     normal operating hours.

26.  A dog/cat seized and impounded and suspected of being
     rabid  shall  be held in isolation for at  least  ten
     (10)   days   if  ordered  by  the  Regional   Health
     Authority.


Penalties

27.  Every  person who contravenes the provisions of  this
     By-law is upon conviction guilty of an offence and is
     liable  to  a fine as provided for in the  Provincial
     Offences Act.

28.  This  by-law  shall  come into force  and  effect  on
     January  1, 2005 at which time By-laws Nos. 2001-0159
     (LI-3) and 2002-0182 (LI-3) are repealed.




     READ  a  first,  second and  third  time  and
finally passed this 13th day of December, 2004.




                                   _____________________________
                                   Robert A. Grossi, Mayor



                                   _____________________________
                                   Kathleen Foster, Deputy Clerk

Schedule "A" to By-law No. 2004-0130 (LI-3) FEE SCHEDULE 1. License of Dogs Spayed/Neutered $20.00 Not Spayed/Neutered $35.00 2. Replacement Tags $5.00 3. License of Service Animal Nil 4. Service Fees $picking up an unwanted dog at the request of the owner $90.00 $picking up an unwanted cat at the request of the owner $60.00 $picking up a dead dog at the request of the owner $65.00 $picking up a dead cat at the request of the owner $45.00 $accepting an animal at the request of an owner when delivered and released to the shelter $75.00 .accepting a litter of puppies at the request of owner when delivered and released to the shelter $100.00 .accepting a litter of kittens at the request of owner when delivered and released to the shelter $75.00 .disposing of a dead dog at the request of owner if delivered to shelter $50.00 .disposing of a dead cat at the request of owner if delivered to shelter $30.00 .picking up a"stray" animal (dog/cat, dead or alive) N/C 5. Impound Fees (within calendar year): First Offence $25.00* Second Offence $40.00* Third Offence $75.00* *plus $15.00 per day or portion thereof 6. Return of Animal to owners without impounding (within calendar year): First Offence $30.00 Second Offence $45.00 Third Offence: dog impounded 7. After Hours - Call Out: Dog delivered to shelter (emergency call) and released to owner $40.00 8. Adoption Fees (plus GST and PST): Dog $70.00* Cat $25.00* *plus cost of sterilization (spay/neuter) and vaccination