Animal Control Bylaw

Whereas the Municipal Act, 2001, S.O. 2001, c. 25, as amended or replaced from time to time (the "Municipal Act, 2001") authorizes the council of a municipality to pass bylaws with respect to animals; and

Whereas Subsection 103(1) of the Municipal Act, 2001 provides that, if a municipality passes a bylaw regulating or prohibiting the being at large or trespassing of animals, it may provide for the seizure, impounding and sale of impounded animals; and

Whereas Subsection 10(2) of the Municipal Act, 2001 provides that a municipality may pass bylaws respecting: economic, social and environmental well-being of the municipality; health, safety and well-being of persons; and the protection of persons and property; and

Whereas Subsection 425(1) of the Municipal Act, 2001 provides that a municipality may pass bylaws providing that a person who contravenes a bylaw of the municipality passed under the Municipal Act, 2001 is guilty of an offence; and

Whereas Section 432 of the Municipal Act, 2001 provides that a bylaw under Section 425 of the Municipal Act, 2001 may establish a procedure for the voluntary payment of penalties out of court where it is alleged that there has been a contravention of any bylaws related to animals being at large or trespassing; and

Whereas Subsection 429(1) of the Municipal Act, 2001 provides that a municipality may establish a system of fines for offences under a bylaw of the municipality passed under the Municipal Act, 2001; and

Whereas Subsection 434.1(1) of the Municipal Act, 2001 provides that a municipality may require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with a bylaw of the municipality passed under the Municipal Act, 2001; and

Whereas pursuant to the Municipal Act, 2001, Council enacted Bylaw Number 2004-144, "A Bylaw to Regulate Animals", as amended; and

Whereas Council desires to repeal and replace Bylaw Number 2004-144, as amended;

Therefore be it resolved that the Council of The Corporation of the City of Kingston hereby enacts as follows:

Administrative Penalty means an administrative penalty administered pursuant to the Administrative Process Penalty Bylaw;

Administrative Process Penalty Bylaw means City of Kingston Bylaw Number 2020-69, "A Bylaw to Establish a Process for Administrative Penalties", as amended or replaced from time to time;

Agricultural Property means a Property that is zoned for agricultural use in the Zoning Bylaw that applies to the Property;

Animal means any member of the animal kingdom, other than a human;

Animal Control Officer means an authorized employee or agent of the City of Kingston who is responsible for the enforcement of the provisions of this Bylaw;

Animal Control Order means an order issued pursuant to Subsection 17.1. of this Bylaw;

Appeals Committee means the appeals committee established by City of Kingston Bylaw Number 2024-375, "Appeals Committee Bylaw" as amended or replaced from time to time, and includes any successor committee designated by Council to carry out the Appeals Committee's responsibilities;

At Large refers to a situation where an Animal is not under the control of a Person and is found on any Property other than that of the Owner, except where the owner of the Property permits the Animal to be on their Property;

Breeder means a Person, other than a Person who operates a Kennel, who breeds Dogs, Cats or Rabbits on any Property;

Building and Enforcement Services or Division means the City of Kingston Building and Enforcement Services Department, or, in the event of organizational changes, another department designated by Council to carry out the administration and enforcement of this Bylaw, and includes the Manager;

Cat means a domesticated feline, whether neutered or intact, but does not include a Feral Cat;

City or City of Kingston means The Corporation of the City of Kingston;

Coop means a fully enclosed structure where Hens are kept and which is constructed in accordance with this Bylaw and contains lockable roofs and doors;

Council means the Council of the City of Kingston;

Dog means a domesticated canine, whether neutered or intact;

Domestic Animal means an Animal that is kept as a household pet;

Dwelling means a self-contained residential unit;

Fees and Charges Bylaw means City of Kingston Bylaw Number 2005-10, "A Bylaw to Establish Fees and Charges to be Collected by The Corporation of the City of Kingston", as amended or replaced from time to time;

Feral Cat means a cat that is At Large, has no Owner, is not socialized and is extremely fearful or resistant to humans;

Guard Dog means a Dog trained for security purposes;

Hen means a female chicken;

Hen Run means a covered, secure enclosure that provides Hens with access to the outdoors;

Herding Dog means a Dog that has been trained and used to work as part of a farming operation for guarding, control or protection of Livestock;

Impound Fee means the recovery fee, as set out in the Fees and Charges Bylaw, together with the Pound's daily impoundment fee for care, feeding and sheltering, plus the cost of all veterinary care provided by the Pound to the Animal;

Kennel means a place where Dogs or Cats are raised, boarded or trained for profit or gain, but excludes a pet store, Veterinary Hospital or Clinic, Animal shelter or Pound;

Leash means a rope, chain or similar device capable of restraining the Animal to which it is attached;

Livestock refers to Animals that are kept for agricultural purposes, such as cattle, fur-bearing animals, goats, horses, sheep, pigs, donkeys, emu, ostriches, alpacas, llamas and other Animals, excluding Poultry;

Manager of Licensing and Enforcement or Manager means the City's Manager, Licensing and Enforcement Services and their designate or, in the event of organizational changes, another Person designated by Council;

Muzzle means a humane fastening or covering device placed over the mouth of an Animal that is of adequate strength to prevent the Animal from biting, and Muzzled has a corresponding meaning;

Owner means any Person who possesses, harbours or keeps an Animal and, where an Owner is a minor less than eighteen (18) years of age, includes the Person who is responsible for the custody of the minor;

Penalty Notice means a notice given pursuant to Sections 2.2 and 2.4 of the Administrative Process Penalty Bylaw;

Person includes an individual, a corporation, association or a partnership, as applicable;

Pigeon means a bird from the family Columbidae;

Pigeon Loft means an enclosure used for the keeping of Pigeons;

Poultry includes game birds and roosters, but excludes any bird kept as a Domestic Animal, Hens and Pigeons;

Pound means a facility designated by the City for the temporary housing and care of Animals that have been impounded pursuant to this Bylaw;

Property means a parcel of land and any buildings or other structures on the land;

Rabbit means a domestic rabbit, whether neutered or intact;

Residential Property means a Property that is zoned for residential use in the Zoning Bylaw that applies to the Property;

Rural Area means the areas of the City of Kingston that are designated as being part of the rural area pursuant to Schedule F of this Bylaw;

Tether means a rope, chain or similar restraining device that is not connected to a Person and that prevents an Animal from moving beyond a localized area, and "Tethered has a corresponding meaning;

Urban Area means the areas of the City of Kingston that are designated as being part of the urban area pursuant to Schedule F of this Bylaw;

Veterinarian means a Person licensed under the Veterinarians Act, R.S.O. 1990. c. V.3, as amended or replaced from time to time;

Veterinary Hospital or Clinic means premises operated under the supervision of a Veterinarian for the medical treatment of Animals; and

Zoning Bylaw means a bylaw passed under Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended or replaced from time to time, that restricts the use of land.

2.1 Except as otherwise provided, this Bylaw applies to all Animals within the geographic boundaries of the City of Kingston and to the Owners of such Animals.

3.1. Building and Enforcement Services is responsible for the administration and enforcement of this Bylaw.

4.1. No Person shall own, keep, possess or transfer an Animal that is not listed in Schedule A of this Bylaw, except:

1. in accordance with an exception described in Schedule A of this Bylaw; or
2. in the following places or circumstances:
   1. a Veterinary Hospital or Clinic;
   2. the Kingston Humane Society;
   3. the Pound;
   4. an accredited educational institution or research facility where such Animals are housed or studied; or
   5. a temporary educational or entertainment display, including a circus or zoo, that is supervised at all times by a qualified handler.

4.2. No Person shall carry or display a snake, scorpion, lizard, tarantula, or other spider listed in Schedule A in any place to which the public is customarily admitted, including, without limitation, a public sidewalk, except in accordance with Subsection 4.3. of this Bylaw.

4.3. Every Person who must transport a snake, scorpion, lizard, tarantula, or other spider listed in Schedule A in any place to which the public is customarily admitted, including, without limitation, a public sidewalk, shall, at all times during the period of transport, confine the snake, scorpion, lizard, tarantula, or other spider inside a cloth bag placed in a box made of durable material with a lid that has been fastened securely, but which permits the Animal to breathe.

5.1. Every Owner of a Dog or Cat shall register each Dog and/or Cat in the City's Animal Identification System in accordance with this Section 5.

5.2. Subsection 5.1 does not apply to a Cat kept in the Rural Area or to a Herding Dog.

5.3. If a Dog or Cat is required to be registered pursuant to Subsection 5.1. above, the Owner or another Person acting on the Owner's behalf shall register the Dog or Cat in the City's Animal Identification System by providing the information required by Building and Enforcement Services and paying the applicable annual registration fee, as set out in the Fees and Charges Bylaw.

5.4. A Person shall register or renew the registration of a Dog or Cat at the place(s) designated by the Division for this purpose.

5.5. A Dog or Cat registration is valid for one (1) year only and shall be renewed each year on or before the anniversary of the initial registration date or renewal date, as applicable, by paying the applicable annual registration fee, as set out in the Fees and Charges Bylaw.

5.6. No fee will be charged for the initial one (1) year registration of:

1. any Dog or Cat under the age of six (6) months; and
2. any spayed or neutered Dog or Cat that is over the age of six (6) months, subject to Subsection 5.7. below.

5.7. A Person who is registering a spayed or neutered Dog or Cat over the age of six (6) months for the initial one (1) year registration shall provide evidence to the City that the Dog or Cat has been spayed or neutered.

5.8. A refund equal to the initial one (1) year registration fee paid will be issued to a Person who provides evidence to the City that their Dog or Cat has been spayed or neutered within the one (1) year period for which the fee was paid.

5.9. A refund equal to the difference between the fee paid to register an un-microchipped Dog or Cat and the fee for a microchipped Dog or Cat will be issued to a Person who provides evidence to the City that the Dog or Cat has been microchipped within the one (1) year period for which the fee was paid.

5.10. A Person who is registering or renewing the registration of a Dog or Cat may be required as a condition of the registration or renewal to provide evidence that the Dog or Cat has a current certificate of immunization against rabies.

5.11. Upon completion of the registration and payment of the applicable annual registration fee, as set out in the Fees and Charges Bylaw, the Dog or Cat will be included in the City's Animal Identification System by means of the issuance of a tag with the registered number of the Dog or Cat, or by another means of identification that is adopted by the City from time to time.

5.12. Every Owner shall ensure that the tag issued under Subsection 5.11. of this Bylaw is securely fixed on the Dog or Cat at all times.

6.1. No Person shall operate a Kennel or operate as a Breeder without a valid Kennel permit or Breeder permit issued in accordance with Section 7 of this Bylaw.

6.2. A Person is not eligible for a Kennel permit or the renewal of a Kennel permit unless:

1. the proposed use conforms with the Zoning Bylaw that applies to the Property;
2. the Property complies with City of Kingston Bylaw Number 2005-100, "A Bylaw for Prescribing Standards for the Maintenance and Occupancy of Property within the City of Kingston", as amended or replaced from time to time, and any other applicable bylaws;
3. the Property conforms with all applicable laws, including, without limitation, the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, the Provincial Animal Welfare Services Act, 2019, S.O. 2019, c. 13, and the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, all as amended or replaced from time to time;
4. the Property is kept in a clean and sanitary condition at all times;
5. every Dog that has reached the age of six (6) months and that resides on the Property permanently has been registered in the City's Animal Identification System; and
6. if the Property is in the Urban Area, every Cat that has reached the age of six (6) months and that resides on the Property permanently has been registered in the City's Animal Identification System.

6.3. The holder of a Breeder permit shall comply with the conditions listed in Schedule B of this Bylaw at all times, and a Person is not eligible for a Breeder permit or the renewal of a Breeder permit unless all of the conditions listed in Schedule B of this Bylaw are met.

6.4. Every Person who holds a Kennel permit or Breeder permit shall allow, at any reasonable time, an Animal Control Officer or other authorized employee or agent of the City to inspect the Property, other than any room or place used as a Dwelling, to determine whether all requirements of this Bylaw are being complied with.

6.5. A Kennel permit or Breeder Permit is valid for a maximum of one (1) year only and shall be renewed by March 31st of each year by paying the annual permit fee.

7.1. Every application for:

1. a Kennel permit or Breeder permit required pursuant to Section 6 of this Bylaw;
2. a Hen Coop permit required pursuant to Schedule C of this Bylaw; or
3. a Pigeon Loft permit required pursuant to Schedule D of this Bylaw,

or for the renewal of any such permit, shall be submitted to Building and Enforcement Services in the form provided by the Division, together with the annual permit fee, as set out in the Fees and Charges Bylaw, and shall indicate the purpose for which the permit is being obtained.

7.2. Every application for a permit pursuant to Subsection 7.1. above will be reviewed for compliance with this Bylaw and will be circulated to the City's Building Services Department, Planning Services Department, KFL&A Public Health, Kingston Humane Society (or the applicable Pound services provider), and an Animal Control Officer for comments.

7.3. The agencies and departments referred to in Subsection 7.2. above may, as part of their review, require an inspection of the Property, other than a room or place used as a Dwelling, and failure or refusal to permit such an inspection, or to comply with the requirements or conditions of the agency and/or department, may result in a permit not being issued.

7.4. If it is determined that an application does not meet the requirements of this Bylaw or of the agencies and/or departments listed in Subsection 7.2. of this Bylaw, the Manager will refuse to issue the permit.

7.5. The Manager may impose such terms or conditions on a permit issued pursuant to Subsection 7.1. as the Manager considers appropriate.

7.6. If, at any time, the Manager has reasonable grounds to believe that the holder of a Kennel permit, Breeder permit, Hen Coop permit or Pigeon Loft permit is not complying with the requirements of this Bylaw, the Manager may suspend or revoke the permit.

7.7. A Person whose application for a Kennel permit, Breeder permit, Hen Coop permit or Pigeon Loft permit, or for a renewal of any such permit, has been refused or whose permit has been suspended or revoked may, within fifteen (15) days of being notified of the refusal, suspension or revocation, as the case may be, submit an application to the Appeals Committee for a review of the decision, together with the required administrative fee, as set out in the Fees and Charges Bylaw.

7.8. An application to appeal shall be submitted in writing or in the form prescribed by the Division to the City Clerk's office.

7.9. A Person who has applied for a review of the Manager's decision will be given an opportunity to make submissions to the Appeals Committee in accordance with City of Kingston Bylaw Number 2010-205, "A Bylaw to Define the Mandate and Meeting Procedures for Committees Established by The Corporation of the City of Kingston", as amended or replaced from time to time.

7.10. On appeal, the Appeals Committee has the power to affirm the decision of the Manager to refuse, suspend or revoke the permit, or to direct the Manager to issue, renew or reinstate the permit.

7.11. The Appeals Committee may, when reviewing a denied, suspended or revoked permit, impose such terms or conditions on the permit as the Appeals Committee considers appropriate.

7.12. Decisions of the Appeals Committee are final.

8.1. Every Owner of a Dog or Cat who does not pay the applicable annual registration fee on or before the date specified in Subsection 5.5. of this Bylaw shall be subject to an administration fee, as set out in the Fees and Charges Bylaw, in addition to the registration fee.

8.2. Every holder of a Kennel permit, Breeder permit, Hen Coop permit or Pigeon Loft permit who does not pay the applicable permit fee by March 31st of each year shall be subject to an administration fee, as set out in the Fees and Charges Bylaw, in addition to the permit fee.

9.1. No Person shall keep a Hen on any Property except in accordance with Schedule C of this Bylaw.

10.1. No Person shall keep a Pigeon on any Property except in accordance with Schedule D of this Bylaw.

11.1. No Person shall keep Livestock or Poultry on any Property except:

1. on an Agricultural Property;
2. on a Property containing five (5) or more acres;
3. on a Property that houses horses that are in the service of the City or a local board of the City, as that term is used in the Municipal Act, 2001, including the Kingston Police Services Board;
4. in a Veterinary Hospital or Clinic; or
5. as part of a temporary cultural, recreational or educational event, including a public or agricultural fair.

12.1. Every Owner of a Dog shall immediately remove any feces left by their Dog on any City-owned Property in the City of Kingston.

12.2. No Person shall keep a Guard Dog on any Property unless the Owner of the Guard Dog or the owner or occupant of the Property places and maintains a sign in a prominent place on the Property that reads: "Beware Guard Dog".

12.3. No Owner shall cause or permit their Dog to engage in any of the following acts of public nuisance:

1. persistently bark or howl;
2. damage public or private property;
3. scatter garbage or interfere with waste management activities;
4. chase Persons, vehicles, Domestic Animals, Livestock, Poultry, Hens, or other Animals kept on an Agricultural Property;
5. swim at a public beach, swimming or wading pool; or
6. be off-Leash in a public park or recreational area, except at an off-leash dog area referred to in Subsection 15.4. below.

12.4. No Owner of a Dog shall engage in any activity or conduct which is intended or is likely to cause the Dog to bite or attack a Person, Domestic Animal, Livestock, Poultry, Hen, or other Animal kept on an Agricultural Property.

13.1. Only a licensed Breeder or the operator of a pet store or an established animal rescue agency (including, without limitation, the Kingston Humane Society) may advertise a Dog, Cat or Rabbit for sale.

14.1. No Owner shall allow their Animal to remain outdoors during the period in which a cold warning or heat warning issued by either or both the City of Kingston's Medical Officer of Health or Environment Canada is in effect in the City of Kingston, unless the Animal has access to an enclosure that will adequately protect the Animal from the elements.

14.2. No Owner shall allow their Animal to be Tethered unattended on public property for longer than a fifteen (15) minute period.

14.3. No Owner shall allow their Animal to be Tethered unattended on private property unless the following conditions are met:

1. the Animal has free and unrestricted movement within the range of Tether;
2. the Animal has access to food, water, and protection from the elements, including the sun; and
3. the Tether is a minimum of three (3) metres long.

15.1. No Owner shall cause or permit its Dog, Livestock, Poultry or Hen, to be At Large, except as expressly permitted in this Bylaw.

15.2. Subsection 15.1. does not apply to a Herding Dog that is actively engaged in the performance of its duties or to an Animal trained for and engaged in law enforcement by any federal, provincial or municipal government or government agency.

15.3. Notwithstanding Subsection 15.1. of this Bylaw, a Dog is not deemed to be At Large where the Dog is on land that is designated as an off-leash dog area pursuant to Subsection 15.4. of this Bylaw.

15.4. The following City parks contain designated off-leash dog areas, where indicated with signage:

1. MacLean Trail Park;
2. Memorial Centre;
3. Meadowbrook Park;
4. Rotary Park;
5. Grass Creek Park; and
6. any other area designated by the City as an off-leash dog area from time to time.

15.5. Every Owner of a Dog shall comply with the regulations specified in Schedule E of this Bylaw while present at an off-leash dog area.

15.6. No Owner shall cause or permit a Dog or Cat, other than a Cat in the Rural Area, to trespass.

15.7. An Animal Control Officer may seize and/or impound any Animal that is At Large or trespassing in contravention of this Bylaw, and may use any reasonable means to seize and/or impound such Animal.

16.1. The Pound will keep a record of every Animal that has been impounded, including its date of impoundment, description, registered number, or other means of identification, if any, date of disposition, and method of disposition.

16.2. The redemption period for an impounded Dog is five (5) days, excluding the day on which the Dog was impounded and excluding any day that the Pound is not open to the public.

16.3. The redemption period for an impounded Cat is three (3) days, excluding the day on which the Cat was impounded and excluding any day that the Pound is not open to the public.

16.4. The Owner of an impounded Animal, or a Person acting on the Owner's behalf may, within the applicable redemption period, and after paying the full amount of the Impound Fee, recover the Animal during the hours when the Pound is open to the public.

16.5. If a Cat in the Urban Area or a Dog, other than a Herding Dog, that has been impounded is not registered in the City's Animal Identification System, the Owner or Person acting on the Owner's behalf shall, in addition to the Impound Fee, pay the applicable annual registration fee, as set out in the Fees and Charges Bylaw, in order to recover the Cat or Dog from the Pound.

16.6. If the Owner of an impounded Animal fails to claim the Animal before the expiry of the applicable redemption period and to pay the fees specified in this Section 16, the Animal will become the property of the Pound.

17.1. An Animal Control Officer may issue an Animal Control Order to an Owner where the Animal Control Officer has reason to believe:

1. an Owner's Dog is alleged to have bitten or attacked a Person or Animal in the absence of any mitigating factor which excuses the behaviour of the Dog, such as where the Dog is acting in self-defence, defence of its young or Owner, or in response to being teased, provoked or tormented; or
2. an Owner is in breach of Section 4 of this Bylaw.

17.2. In the case of Subsection 17.1(a) above, an Animal Control Order may require the Owner of a Dog to do such things as the Animal Control Officer deems necessary, at the Owner's expense, including, without limitation, any or all of the following:

1. to muzzle the Dog;
2. to secure the Dog on the Owner's Property in such a way as to prevent the Dog from escaping the Property;
3. to post "Beware of Dog" signage in a conspicuous area on the Owner's Property;
4. to prohibit the Dog from attending at any designated off-leash dog areas;
5. to keep the Dog on a Leash of no greater than six (6) feet when not on the Owner's Property;
6. to advise the Manager should the Dog become At Large;
7. to advise the Manager should the ownership of the Dog be transferred to a new Owner or if the Owner changes addresses; and/or
8. to confirm the species or breed of the Dog in a form satisfactory to an Animal Control Officer.

17.3. An Animal Control Order pursuant to Subsection 17.1(a) shall be in effect for a period of no longer than two (2) years from the date it is issued, or the outcome of any court decisions rendered through the Dog Owners' Liability Act, R.S.O. 1990, c. D.16, as amended or replaced from time to time, whichever is shorter.

17.4. An Animal Control Order pursuant to Subsection 17.1(b) may require the Owner of the Animal to do such things as the Animal Control Officer deems necessary, at the Owner's expense, including, without limitation, any or all of the following:

1. to confirm the species or breed of the Animal in a form satisfactory to an Animal Control Officer;
2. to surrender the Animal to a rescue agency within a fourteen (14) day period; and/or
3. to provide proof of the surrender of the Animal in a form satisfactory to the Manager.

17.5 In accordance with Section 105 of the Municipal Act, 2001, if an Owner is required to Muzzle a Dog pursuant to Subsection 17.2 above, the Owner is entitled to request a hearing to determine whether or not to exempt the Owner in whole or in part from the requirement, provided that such request does not act as a stay of the Muzzling requirement.

18.1. No Person shall obstruct or hinder or attempt to obstruct or hinder an Animal Control Officer or other authorized employee or agent of the City in the exercise of a power or the performance of a duty under this Bylaw.

18.2. Where an Animal Control Officer has reasonable grounds to believe that an offence under this Bylaw has been committed by a Person, the Animal Control Officer may require the name, address, and proof of identity of that Person.

18.3. Failure to provide proof of identification satisfactory to an Animal Control Officer when requested to do so pursuant to Subsection 18.2. of this Bylaw shall constitute obstruction of an Animal Control Officer under Subsection 18.1. of this Bylaw.

19.1. The following Schedules are attached to and form part of this Bylaw:

• Schedule A – Permitted Animals
• Schedule B – Breeder Requirements
• Schedule C – Hen Regulations
• Schedule D – Pigeon Keeping Regulations
• Schedule E – Off-Leash Dog Area Regulations
• Schedule F – Map of Designated Urban and Rural Area

20.1. Every Person who contravenes any provision of this Bylaw or whose Animal contravenes any provision of this Bylaw, and any Person who fails to comply with an order issued under this Bylaw, is guilty of an offence and, upon conviction, is liable to a fine of not more than One Hundred Thousand Dollars ($100,000) and to any other applicable penalties.

20.2. Every Person who contravenes any provision of this Bylaw or whose Animal contravenes any provision of this Bylaw, and any Person who fails to comply with an order issued under this Bylaw, shall, upon issuance of a Penalty Notice, be liable to pay to the City an Administrative Penalty, and the Administrative Process Penalty Bylaw applies to each Administrative Penalty issued pursuant to this Bylaw.

20.3. If a Person is required to pay an Administrative Penalty under Subsection 20.2. in respect of a contravention of this Bylaw, the Person shall not be charged with an offence in respect of the same contravention.

20.4. In accordance with Subsection 398(2) of the Municipal Act, 2001, the treasurer of the City may add unpaid fees, charges and/or fines issued under this Bylaw to the tax roll and collect them in the same manner as property taxes.

20.5. If this Bylaw is contravened and a conviction entered, the court in which the conviction was entered or any court of competent jurisdiction may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the Person convicted.

21.1. The City may operate, or may enter into service agreements for the operation of programs that trap, neuter, vaccinate and return Feral Cats and stray Cats in the City of Kingston.

22.1. If a court of competent jurisdiction declares any provision, or any part of a provision, of this Bylaw to be invalid, or to be of no force and effect, it is the intention of Council in enacting this Bylaw that each and every provision of this Bylaw authorized by law be applied and enforced in accordance with its terms to the extent possible according to law.

23.1. This Bylaw may be cited as the "Animal Control Bylaw".

24.1. Bylaw Number 2004-144, "A Bylaw to Regulate Animals", as amended, is hereby repealed in its entirety as of the date this Bylaw comes into force.

24.2. All prosecutions and other enforcement processes commenced under Bylaw Number 2004-144, including, without limitation, all orders issued pursuant to Bylaw Number 2004-144, which have not been completed on the day this Bylaw comes into force shall be completed under Bylaw Number 2004-144 as if it had not been repealed.

25.1. This Bylaw comes into force on January 1, 2022.