13.07.2015 Views

THE CORPORATION OF THE TOWN OF AJAX BY-LAW XXX-2012

THE CORPORATION OF THE TOWN OF AJAX BY-LAW XXX-2012

THE CORPORATION OF THE TOWN OF AJAX BY-LAW XXX-2012

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

maintenance of the dogs/cats kept therein;(e)(f)(g)(h)(i)the area where dogs and/or cats are regularly kept, including but notlimited to buildings, pens, structures and enclosures shall be soconstructed and maintained as to provide each animal with a clean, dryand safe environment;the interior areas where dogs and/or cats are regularly kept, including butnot limited to buildings, pens, and structures shall have floors and wallssoundly constructed of hard, durable material which is impervious towater;all buildings, structures, pens and enclosures associated with the kennelshall be constructed to prevent the escape of any dog/cat kept therein;an exercise area shall be provided on the premise so as to enable eachdog or cat to exercise freely and easily so as to maintain physical healthand well-being; andsafe and sanitary disposal facilities shall be available to eliminate animaland food wastes, bedding, and debris and to minimize vermin infestation,odours, and disease hazards. All waste materials shall be kept in sealedreceptacles, and all waste shall be legally disposed of as often asnecessary to ensure an odour free condition.Animal Care5.8 Every owner of a kennel shall:(a)(b)provide each dog/cat with clean, potable drinking water at all times andsuitable food of sufficient quantity and quality to allow for normal growthand maintenance of normal body weight;ensure that food and water receptacles are kept clean and disinfectedand located so as to avoid contamination by urine and other excrement;(c ) ensure that enclosures used to house dogs/cats are of adequate size topermit any dog/cat housed therein to stand normally to its full height, toturn around, to lie down in a fully extended position, to exercise normalpostural movements and experience necessary socialization withoutrestrictions or overcrowding;(d)(e)(f)(g)(h)ensure that dogs/cats are provided with the opportunity for periodicexercise sufficient to maintain good health and well being;provide necessary veterinary medical care when a dog/cat exhibits signsof pain, illness or suffering;provide each dog/cat with clean bedding material and an area maintainedat a temperature warm and dry enough so that no dog/cat will at any timebe in discomfort due to chill or dampness;ensure that enclosures and surrounding areas are kept free of urine andother excrement and are regularly disinfected and free of offensive anddisagreeable odours and free from vermin and rodents;ensure that any dog/cat that spends time in an outdoor enclosure or in anexercise area has shelter from the heat, cold, and wet and that the shelterhas sufficient space to allow the dog/cat to turn freely and to easily stand,sit or lie;( i) ensure where appropriate, litter pans containing clean litter are provided,at all times, for kittens and cats which are washed, disinfected andmaintained as often as necessary to ensure odour free conditions;(k)ensure that every dog/cat is kept in sanitary, well-bedded, well-


ventilated, lighted, clean quarters maintained at a healthful temperatureat all times for the health, welfare and comfort of the dogs/cats; and(l)ensure that yards and any area associated with the kennel operation shallbe cleaned at least once daily and the excrete, and other waste resultingfrom the keeping of dogs/cats shall be removed from the premises daily.5.9 Dogs and cats being housed in interior enclosures, must be housed individually, unlessthe owner of the kennel has received written authorization from the owner of the dog/cat.5.10 Regardless of section 5.9, when the following conditions exist, dogs/cats shall behoused individually, when housed in interior enclosures;(a)(b)(c)(d)a dog/cat is under treatment for communicable disease or is suspected ofharbouring a communicable disease;any dog or cat that exhibiting aggressive behaviour shall be housedseparately from the rest of the dogs/cats in the kennel;dogs/cats six months or less of age shall not be housed with adultdogs/cats other than with their mothers; andfemales in heat shall not be placed with males except for breedingpurposes.6. DISEASE CONTROLBreeding Kennel Provisions6.1 No owner of a breeding kennel shall knowingly or not knowingly, sell any dog or catsuffering from:(a) any infectious disease;(b) nutritional deficiencies, including rickets or emaciation;(c) internal or external parasites;(d) fractures or congenital abnormalities affecting the general health of the dogor cat;unless the condition has been assessed by a Veterinarian and can be treated and/orcured and does not effect the animal’s quality of life.General Kennel Provisions6.2 Every owner of kennel shall ensure:(a) All reasonable precautions are taken to prevent and control the spread ofinfectious or contagious diseases among the dogs and/or cats housed thereinand that any animal indicating signs of sickness or disease is examined andappropriately treated within a reasonable amount of time after on set of illness,by a Veterinarian, and that such dog/cat is kept in a quarantine area, separatefrom other animals until such illness has been cured.(b) Where a Veterinarian has identified that an animal is currently suffering from orhas previously suffered from any of the conditions set out in Section 6.2 thekennel owner shall notify:i) the purchaser (in the case of a breeding kennel); orii)the dog or cat’s owner (in the case of a boarding kennel);of the health concern and/or medical history and shall provide the purchaser orthe owner of the animal with all documentation or treatment recommendations


(b)(c)limiting the number of dog and/or cats, kept at any time; andimplementing noise control measures.Suspension/Revocation8.15 The Licensing Officer shall notify the licensee, that the licence shall be suspended orrevoked, when:(a)(b)(c)the Licensing Officer has cause to believe, on reasonable grounds, thatthe licensee will not carry on or engage in the business in accordancewith the law or with honesty and integrity;the Licensee has been convicted of an offence which is a contravention ofthis By-law;the Licensing Officer has cause to believe that the licensee has failed toengage in business in accordance with the conditions imposed upon thelicence.8.16 Where a Licensee advises the Licensing Officer, in writing, and within thirty days, thathe/she disputes the suspension or revocation of the licence, the matter shall be referredforthwith to the Committee, which shall hear representations from the Licensing Officerand the licensee and either confirm the suspension or revocation of the licence orreinstate the licence, with or without conditions, as it sees fit.8.17 The Town shall advise the licensee of the Committee’s determination.8.18 Where the licensee does not dispute the suspension or revocation of the licence, within30 days of the notification referred to in Section 8.15, the Licensing Officer shall forthwithsuspend or revoke the Licence.Suspension without hearing8.19 The Licensing Officer may suspend the licence of any kennel for a period not to exceed14 days, without a hearing, provided the Licensing Officer:(a)(b)is satisfied that the continuation of the business poses an immediatedanger to the health or safety of any person or property; andhas notified the licensee, either verbally or in writing, prior to thesuspension of the licence, with the reasons for the suspension andprovided the licensee with an opportunity to respond.8.20 When a licence has been suspended in accordance with Section 8.19, the matter shallbe referred forthwith, by the Licensing Officer, to the Committee, which shall hearrepresentations from the Licensing Officer and the licensee.8.21 The Committee may:(a)(b)(c)reinstate the licence, with or without special conditions;suspend the licence for a specified period of time and may imposeconditions upon the licence;revoke the licence.9. CHANGE <strong>OF</strong> STATUS9.1 Where there is any change in any of the particulars relating to a person licensed underthis By-law, which particulars are required to be filed with the Town on applying for alicence under this By-law, such person shall report the change, in writing, to theLicensing Officer within seven (7) days of the change.9.2 Where there is to be a change in the composition or the controlling interest of a


partnership licensed under this By-law, the persons licensed hereunder in partnershipshall obtain the approval of the Licensing Officer prior to such change taking effect.Where there has been any change in the controlling interest of the partnership by virtueof a number of transactions, the licence may be suspended or revoked, despite theLicensing Officer's prior approval of any one or more such transactions.9.3 Where there is to be a change in the composition or the controlling interest of theshareholders of a corporation licensed under this By-law, the corporation shall obtain theapproval of the Licensing Officer to such change prior. Where there has been anychange in the controlling interest of the corporation by virtue of a number of transactions,the licence may be suspended or revoked, despite the Licensing Officer's prior approvalof any one or more such transactions.10. <strong>OF</strong>FENCE, PENALTY AND ENFORCEMENT10.1 Any person who contravenes any provision of this By-law is guilty of an offence and,upon conviction is liable to a fine or penalty for each offence, exclusive of costs, asprescribed by the Municipal Act.10.2 The making of a false or intentionally misleading recital of fact, statement orrepresentation in any agreement, statutory declaration or application form required bythis By-law shall be deemed to be a violation of the provisions of this By-law.10.3 Every person shall comply with the provisions of this By-law applicable to him/herwhether or not he/she is licensed under this By-law.10.4 Every owner of a kennel shall, at all times during the hours of operation, make availablefor inspection by the Licensing Officer, or a Police Officer the original of any document orrecord or Licence or register referred to in this By-law.10.5 Every owner of a kennel shall, at all times during the hours of operation, permit the entryto and the inspection of the kennel by the Licensing Officer, a Municipal LawEnforcement Officer, or a Police Officer.10.6 No person shall hinder or obstruct, or attempt to hinder or obstruct, the entry or theinspection of a kennel by the Licensing Officer, a Municipal Law Enforcement Officer, ora Police Officer.11. VALIDITY11.1 The provisions of this By-law shall apply to all lands and premises within the Town ofAjax.11.2 If a court of competent jurisdiction should declare any section or part of a section of thisBy-law to be invalid, such section or part of a section shall not be construed as havingpersuaded or influenced Council to pass the remainder of this By-law and it is herebydeclared that the remainder of this By-law shall be valid and shall remain in force.11.3 All schedules referred to in this By-law are deemed to be part of this By-law.11.4 This By-law shall come into full force and take effect on the date of passing.READ a first and second time this<strong>XXX</strong> day of <strong>XXX</strong><strong>XXX</strong>, 20XX.READ a third time and passed this<strong>XXX</strong> day of <strong>XXX</strong><strong>XXX</strong>, 20XX._____________________________Mayor_____________________________Clerk


SCHEDULE “A”<strong>BY</strong>-<strong>LAW</strong> # XX-<strong>2012</strong>A By-law to classify, regulate, and licence kennels within the Town of Ajax.LICENCEFEEKennel Licence $150.00Replacement Licence $ 10.00

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!