Notice to Muzzle
Where an owner is served with a Notice to Muzzle, the owner shall:
- While on the property of the owner, ensure the dog is contained within an enclosed area, including a fence of an appropriate height for the breed of that dog, or in a manner such that the dog is unable escape or to come into contact with persons or other animals. Gates in such an enclosure shall be locked at all times when the dog is in the enclosure; and
- Whenever off the property of the owner, cause the dog subject to the Notice to Muzzle, to be muzzled and leashed, and the owner shall not permit such a dog to be left in the control of an incompetent handler.
Dangerous Dogs
Every owner of a dog shall exercise reasonable precautions to prevent the dog from engaging in a dangerous act.
Without limiting anything in this by-law, an owner of a dog that engages in a dangerous act is liable to prosecution under the Dog Owners’ Liability Act, R.S.O. 1990, c. D. 16, as amended.
Where the Animal Control Officer has reasonable grounds to believe that a dog has engaged in a dangerous act against a person or domestic animal, the Animal Control Officer shall, with respect to such a dog:
- Where the dangerous act is the first on record with the Township, serve the owner of the subject dog with a Notice to Muzzle;
- Despite subsection 12.3 a., if it is the Animal Control Officer’s opinion that the dangerous act, which is the first on record with the Township, is severe, serve the owner of the dog with a Dangerous Dog Order, requiring the subject dog to comply with the requirements for owners of a Dangerous Dog under section 12.4 of this by-law;
- Where the dangerous act occurred while the dog was subject of a Notice to Muzzle or a court order under the Dog Owners’ Liability Act, serve the owner of the dog with a Dangerous Dog Order, requiring the subject dog to comply with the requirements for owners of a Dangerous Dog under section 12.4 of this by-law.
Where an owner is served with a Dangerous Dog Order, the owner shall, at all times when the dangerous dog is not in the owner's dwelling unit but otherwise within the boundaries of the owner's premises, ensure that:
- The dangerous dog is muzzled so as to prevent it from biting a person or domestic animal; and
- The dangerous dog is contained within an enclosed area, including a fence of an appropriate height for the breed of that dog, or in a manner such that the dangerous dog is unable to escape or come into contact with persons or other animals. Gates in such an enclosure shall be locked at all times when the dog is in the enclosure.
Every owner of a dangerous dog shall, at all times when the dangerous dog is not within the boundaries of the owner’s lands,
- Keep the dangerous dog under control of a competent handler and under leash, such leash not to exceed two metres (2m) in length; and
- Keep the dangerous dog muzzled.
Every owner of a dangerous dog shall notify the Township within two (2) working days of any change in ownership or residence of the dangerous dog and provide the Animal Control Officer with the new address and telephone number of the owner.
Every owner of a dangerous dog shall notify the Township within two (2) working days if the dangerous dog is deceased.
Review of Dangerous Dog Order or Notice to Muzzle
Where the owner of a dog is served a Notice to Muzzle or Dangerous Dog Order, the owner may request a review of the order by filing an Application for Review to the Township’s Fire Chief or designate within fifteen (15) calendar days after the order has been served.
The owner filing an Application for Review will be responsible for the review fee as per the Township’s Fees and Charges By-law, as amended.
The owner of the Dangerous Dog shall comply with all terms and requirements of the Dangerous Dog Order until the Fire Chief or designate has rendered a decision.
Prior to the Review, the owner of the dog shall pay any outstanding fines imposed for the contravention of any provisions of this by-law.
The decision of the Fire Chief or designate is final and binding.
A written copy of the decision of the Fire Chief or designate, shall be prepared, as soon as is practicable after the conclusion of the review and shall be hand delivered or sent by registered mail to the owner at the address shown on their application.
Subject to the provisions of this by-law, if a request for a review is not provided to the Fire Chief or designate in accordance with the provisions of this by-law within fifteen (15) calendar days of deemed receipt of a Dangerous Dog Order, the order is deemed to be final.
Seizure and Impoundment
Subject to section 7.1 of this by-law, an Animal Control Officer may:
- Seize and impound any dog found running at large.
- Restore possession of the dog to the owner therefore, where:
- The owner claims possession of the dog within seventy-two (72) hours (exclusive of statutory holidays and weekends) after the date of seizure; and
- The owner pays to the Animal Control Officer a pound fee for the dog seized and impounded, plus the cost of any damages, expenses and veterinary care, which may be payable to the Township.
The Animal Control Officer shall make all reasonable efforts to identify and contact the owner of every stray dog received, whether the dog is living or deceased.
Where at the end of the seventy-two (72) hours, possession of the dog has not been restored to the owner under this section of the by-law, the Animal Control Officer may sell the dog.
Where the owner of the dog has not claimed the dog within seventy-two (72) hours and the dog has not been sold, the Animal Control Officer may destroy the dog in a humane manner. No damages or compensation shall be recovered on account of its destruction or other disposition.
Where a dog seized under section 14.1 of this by-law is critically injured, the dog should be destroyed without delay:
- For humane reasons, the Animal Control Officer may authorize the destruction of the dog in a humane manner as soon after seizure as a veterinarian gives approval, where possible, without permitting any person to reclaim the dog or without offering it for sale. No damages or compensation shall be recovered on account of destruction.
- For safety reasons to persons or animals, the Animal Control Officer may authorize the destruction of the dog in a humane manner as soon after seizure as they see fit without permitting any person to reclaim the dog or without offering it for sale. No damages or compensation shall be received on account of destruction.
Where a dog is seized or impounded under section 14.1, an Animal Control Officer may issue a Certificate of Offence ordering a fine or applicable fees and charges as per the Township’s Fees and Charges By-law, as amended to be paid by the owner.
Prohibited Animals
No person shall keep in the Township, either on a temporary or permanent basis, any prohibited animal, as set out in Schedule “A”.
No person shall keep livestock in any area of the Township unless the area is zoned for that purpose or is lawfully used for that purpose.
Despite section 15.1, a person who is keeping a prohibited animal on the date this by-law comes into force, shall be permitted to keep such animal provided that:
- The animal is kept in an environment which is appropriate for the species;
- The owner has advised the Township in writing of the number of each species of each animal and its name, the approximate age with a clear identification or photograph of each animal;
- The owner shall provide his or her name, address and phone number within ninety (90) days of the date that the by-law comes into force; and
- The burden of proving the exemption from section 15.1 is upon the person making the assertion, of which written notice to the Township as provided in section 15.3 shall be sufficient proof.
The exemption provided for in subsection 15.3 is for the life of the animal.
Section 15.1 and section 15.2 shall not apply to:
- The premises of the Township’s pound;
- The premises of an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, Chapter V.3, as amended;
- The premises of any licensed zoo or exhibit, permanently located in the Township;
- Premises or facilities accredited by the Canadian Association of Zoos and Aquaria (CAZA);
- The areas of the Township in which educational programs are being conducted with animals, provided that the animals are owned by institutions accredited by CAZA and only while the educational programs are actually conducted, provided that such programs are limited to three (3) days at any one location;
- Premises registered as research facilities pursuant to the Animals for Research Act, R.S.O. 1990.c.A.22; or
- Premises where wildlife rehabilitation is being undertaken in accordance with the Fish and Wildlife Conservation Act, 1997, S.O. 1997, Chapter 41, as amended and associated regulations under the jurisdiction of the Ontario Ministry of Natural Resources.
Power of Entry, Inspections, Prohibitions
The Animal Control Officer may at any reasonable time enter upon any land for the purpose of carrying out an inspection to determine whether the following are being complied with:
- This by-law;
- Any direction or order under this by-law;
- Any condition on a license issued under this by-law; or
- An order issued under section 431 of the Municipal Act.
Where an inspection is conducted pursuant to this section, the Animal Control Officer may:
- Require the production for inspection of documents or things relevant to the inspection;
- Inspect and remove documents or things relevant to the inspection for the purpose of making copies and extracts;
- Require information from any person concerning a matter related to the inspections; and
- Alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of the inspection.
No person shall hinder or obstruct or attempt to hinder or obstruct the Township, its employees, officers or agents from carrying out any powers or duties under this by-law.
No person shall contravene any order or direction issued by the Township pursuant to this by-law or the Municipal Act.
Order
Where the Animal Control Officer is satisfied that a contravention of this by-law or a permit has occurred, such Animal Control Officer may make an order requiring that the person who caused or permitted such contravention, or the property owner of the land on which the contravention occurred, to discontinue the contravening activity and/or to do work to correct the contravention. Every person shall comply with such an order.
An order pursuant to section 17.1 shall set out the following:
- The municipal address and/or the legal description of the land or premises on which the contravention occurred;
- Reasonable particulars of the contravention;
- What is required of the person subject to the order;
- The date by which there must be compliance with the order and/or, if any work is ordered, the date by which any such work must be done;
- If any work is required to be done, a statement that if such work is not done in compliance with the order and within the specified time period, the Township will have the work done at the expense of the person directed or required to do it; and
- Information regarding the Township’s contact person.
Remedial Action and Cost Recovery
Wherever this by-law or an order issued under this by-law directs or requires any matter or thing to be done by any person within a specified time period, in default of it being done by the person directed or required to do it, the action may be taken under the direction of the Animal Control Officer at that person’s expense and the Township may recover the costs incurred through a legal action or by recovering the costs in the same manner as taxes.
For the purposes of taking remedial action under section 18.1 the Township, its staff and/or its agents, Animal Control Officer, may enter, at any reasonable time, upon any lands on which a default to carry out a required thing or matter occurred.
Offences and Penalties
Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.
No person shall contravene any order, permit, license, or direction issued by the Township pursuant to this by-law or the Municipal Act.
Pursuant to section 429(2) of the Municipal Act, all contraventions of this by-law or orders issued under this by-law are designated as multiple offences and continuing offences. A multiple offence is an offence in respect of two (2) or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this by-law.