HomeMy Public PortalAbout22-048 - Canine Control By-law1.
THE CORPORATION OF THE TOWNSHIP OF LEEDS AND
THE THOUSAND ISLANDS
BY-LAW NO.22-04l§
BEING A BY-LAW FOR THE LICENSING OF DOGS AND PROHIBITING
THE RUNNING AT LARGE OF DOGS WITHIN THE TOWNSHIP OF
LEEDS AND THE THOUSAND ISLANDS.
WHEREAS pursuant to Section 11 (3)of the Municipal Act,2001,S.O_.c.25,
as amended,municipalities have the authority to pass by-laws with respect
to animals;
AND WHEREAS Section 105 of the MunicipalAct,2001 ,S.O.2001.C.25,
provides for a hearing to be held by the Council of a Township,upon request
of the Owner of the dog,if a Township requires muzzling of a dog under any
circumstances;
AND WHEREAS Section 23.5(2)if the MunicipalAct,2001,S.O.2001,c25.,
authorizes the Township to delegate a person or body the power or duty to
hold a hearing or provide an opportunity to be held before the decision is
made or the step is taken;
AND WHEREAS the Dog Owner’s Liability Act,R.S.O.1990 c.D.16,as
amended provides for rules and regulations respecting dogs that are alleged
to have bitten or attacked a person or domestic animal or to have behaved
in a manner that poses a menace to the safety of persons or domestic
animals;
AND WHEREAS the Council of the Corporation of the Township of Leeds
and the Thousand Islands deems it expedient to pass such a by-law for the
licensing and registration of dogs and for the regulation of dogs within the
Township of Leeds and The Thousand Islands;
NOW THEREFORE the Council of the Corporation of the Township of Leeds
and the Thousand Islands hereby enacts as follows:
SHORT TITLE
This By—Iawmay be referred to as the “Canine Control By—law”.
APPLICABILITY
This by-law applies to all property within the Township and to any
Building or Structure,whether constructed before or after passage of
this bylaw.
Where any provision of this by-law conflicts with a provision of any other
by-law in force in the Township,the provision of the by-law that
establishes the higher standard to protect the health,safety and welfare of
the general public shall prevail.
The Schedules A and B attached to this by-law shall be read with and form
part of this by-law.
DEFINITIONS
In this By-law:
Animal or Domestic Animal shall mean any dog,cat or puppy.
Animal Shelter shall mean the Gananoque Veterinary Clinic with which the
Township has an agreement for the housing of dogs picked up by the Animal
Control Officer.
By-Law Enforcement Officer shall mean any person appointed by the
Township to enforce by-laws,or any delegate or agent thereof.
Dog shall mean a male or female dog that is twelve (12)weeks or older.
Dog tag shall mean a numbered tag issued by the Township when the owner
of a dog licenses such dog with the Township,or the Animal Control Of?cer.
Host Township shall mean the Township in which a dog's owner resides.
Mitigating Factor shall mean any circumstance which reasonably excuses
aggressive behavior ofa dog and may include,but is not limited to:
a)the dog was,at the time of the aggressive behavior,acting in defense
of an attack by a person or domestic animal,or
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 owner,or
c)the dog was,at the time of the aggressive behavior,being teased,
provoked,or tormented.
Township shall mean the Township of Leeds and the Thousand Islands.
Owner shall mean and include any person who possess or harbors an animal
as de?ned herein and,where the owner is a minor,the person responsible for
the custody of the minor shall be deemed to be the owner.
Order to Restrain shall mean the order issued to the owner of a dog by the
Animal Control Officer or Peace Officer,where the Officer is satisfied on the
balance of probabilities and in the absence of any mitigating factor,that the
dog has bitten a person and/or domestic animal,placed a person or domestic
animal at risk of physical harm,or behaved in a manner that poses a menace
to the safety of persons or domestic animals.
Peace Officer shall include a Police Officer for the Township or anyone
working under his or her direct authority.
Premises shall mean lands as specified in the Transfer/Deed of Land of the
Owner or in leased lands.
Puppy shall mean any dog that is less than 12 weelks of age.The onus of
proving that the dog is less than 12 weeks of age shall be on the owner.
Running at large shall mean any animal as defined herein that is found any
place other than the premises of the owner and is not under control of any
person.
Registered Special Service Dogs shall mean dogs that are individually
trained to do work or perform tasks for persons with disabilities and that are
registered with an accredited "Service Animal"organization.
Township shall mean the Township of Leeds and the Thousand Islands
Under Control of a Capable Person shall mean a dog that is at all times,
while the dog is off its owner's property,on a leash and under care and control
and capable of being physically restrained in such a manner as to prevent the
dog from biting or attacking a person or other animal and to prevent contact
with people and other animals when the dog is off the premise of the owner.
Wor king Dog shall mean any of various breeds of dogs developed or trained
to do useful work,such as herding animals or pulling wagons or sleds.
4.
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
LICENSING PROVISIONS
No person shall own,possess,harbor or keep any dog within the
Township unless a tag has been issued forthe dog by the Township in
accordance with the provisions of this By—|aw.
Dog tags may be obtained from the Township office or an approved outlet
to sell dog tags for the Township.All information collected for the purpose
of animal control licensing and enforcement shall not be re—purposed
without consent.
Every dog owner shall ensure that the dog has a current anti—rabies
vaccine.
Every owner of an animal shall produce a Certificate of Proof issued by a
qualified veterinarian attesting to an up—to-date anti-rabies vaccine if
requested to do so by the Animal Control Officer or Peace Officer.
Every dog tag shall bear the serial number and year in which it was
issued,and a record shall be kept by the Township showing the name and
address of the owner and the serial number of the tag.
Every dog owner shall keep the tag issued for a dog securely af?xed on
the dog.
Dog tags are required for "Special Service Dogs"however;the payment of
the dog tag fee for purchase of dog tags will be waived for "Registered
Special Service Dogs".
Should a dog tag become lost,the owner shall upon payment of a
Replacement Fee as outlined in the Schedule of Fees be entitled to the
issuance ofa replacement tag and license.
No person shall keep or permit to be kept:
a)more than three (3)dogs within or about any single detached dwelling;
OI‘
b)more than two (2)dogs within or about any dwelling unit for properties
4.10
4.11
3)
b)
C)
d)
6)
1‘)
with (2)or more dwelling units;
A Police Services Dog,while engaged in Police duties shall be exempt
from provisions of this section of the by-law.
Each dog residing in a dwelling unit requires a dog tag.The following
information is required to obtain a dog tag:
the name,address,and telephone number of the owner.
the name,approximate age of the dog.
if the dog is spayed or neutered.
a general description of the dog including its colour,distinguishing
marks/physical characteristics and the breed..
payment of the established tag fee as approved by Council and set out in
the Schedule of Fees with the exception of Registered Service Dogs.
whether an Order to Restrain has ever been issued in any Member
Township.
5.2
5.3
7.
DOG OWNERS OBLIGATIONS:
Every person or dog owner shall take all precautions necessary to preventthe
dog from biting or attacking any ‘person or fighting,attacking,or biting any
dog,domestic animal,or domestic fowl,or becoming a public nuisance
whether on private or public property.
Where a dog has bitten or attacked any person or domestic animal or is
alleged to have bitten or attacked any person or domestic animal,any person
may appear before a Justice of the Peace to commence proceedings under
the provisions of the Dog Owners Liability Act R.S.O.1990,c.D.16,as
amended,by way of an application under Part IX of the Provincial Offences
Act.
Every person who owns or harbors a dog shall remove any excrement left by
the dog anywhere within the Township and shall dispose of same in a sanitary
manner.
DOG OWNER LIABILITY ACT
It is the declared intention of Council that the Dog Owners‘Liability Act shall
be enforced under the Provincial jurisdiction,and further that the Animal
Control Officers are recognized as Peace Of?cers under the authority of the
Dog Owners’Liability Act to ensure the expedient and efficient application of
this Act.
ORDER TO RESTRAIN
7.1 Where the Animal Control Of?cer or Peace Officer is satisfied on the balance
7.2
7.3
of probabilities and in the absence of any mitigating factor,that a dog has
placed a person or domestic animal at risk of physical harm or behaved in a
manner that poses a menace to the safety of persons or domestic animals,
the Animal Control Of?cer or Peace Officer may issue an Order to Restrain
(Schedule "A")to the owner of said dog as set out in,attached to and forming
part of this By-Law
An Order to Restrain is placed on the dog,not the owner and will remain in
effect for the life of the dog
Notwithstanding other sections of the By-law,when an Order to Restrain has
been served on the owner of a dog,and at the discretion of the Animal Control
Officer the owner shall:
a)keep the dog,when on the owner's premises,confined within the dwelling
and under the effective control of an adult,securely tethered or enclosed
in a pen constructed with a secure top;sides and bottom,so as to prevent
escape of the dog and prevent entry of unsupervised persons;
b)when not confined in accordance with paragraph (a),to keep the dog
under the effective control of an adult person and on a leash of not more
than 1 meters in length.
c)ensure that the dog is muzzled at all times that it is not confined in
accordance with paragraph (a).
d)notify the Animal Control Officer,or Peace Of?cer with a new address and
telephone number within two working days of moving the dog,selling the
dog,giving the dog away,or death of the dog.
e)forthwith advise the Animal Control Officer,or the Peace Officer if the dog
is at large,or has bitten or attacked any person or domestic animal.
f)display signs warning of the presence ofa dog,such signs shall be clearly
visible to anyone entering the property and shall meet the approval of the
Animal Control Officer or Peace Officer;and
g)not contravene any other conditions imposed in the Order to Restrain.
7.4
7.5
7.6
Any person,other than the Animal Control Officer or Peace Officer,who
believes a dog owner should be issued an Order to Restrain in accordance
with the criteria defined in this By-Law or in accordance with the Dog Owners‘
Liability Act or its regulations,may submit in writing the reasons why they
believe an Order to Restrain should be issued which shall include any and all
incidents that have occurred involving the dog.The request shall be fon/varded
to the Animal Control Of?cer or the Peace Officer who shall investigate the
request and shall uphold or deny the request to issue an Order to Restrain
based on that investigation.The Animal Control Of?cer or Peace Of?cer shall
notify owner of the dog of the decision.
The Animal Control Of?cer shall maintain a record of all Orders to Restrain
and shall notify the Host Township and local police authority of the issuance
of the Order to Restrain and shall supply a copy of such Order to the Host
Township and local police authority when and if they are involved.
Any owner of a dog to whom an Order to Restrain has been issued and fails
to comply with the requirements of the Order to Restrain shall at the discretion
of the Animal Control Of?cer or Peace Officer pay the set fine.
ORDER TO RESTRAIN —APPEAL
(a)The owner of any dog to whom an Order to Restrain has been issued may
inform the Animal Control Officer or the Peace Officer in writing that they
intend to appeal the Order within seven (7)days of being served notice.
(b)The owner of a dog to which an Order to restrain has been issued,upon
payment of a Hearing Fee as set out in the applicable Fees and Charges
By-law,may request and is entitled to a hearing by the Municipal Council
where the event occurred,which may exempt the owner from the
muzzling or leashing requirement or other requirements stated within the
Order.
(c)A request by the owner for a hearing under this Section shall be made in
writing and delivered to the Clerk within fifteen (15)days of the owner
receiving the Order to Restrain.
(cl)Upon determination of the hearing date the Clerk shall give notice in
writingto the owner that:
i.includes a statement of the time,date,place and purpose of the
heanng,and.
ii.includes a statement that if the owner of the dog does not attend
the hearing,the Council may proceed in the absence of the owner
and the owner will not be entitled to any further notice.
(e)The notice of hearing referred to in this section may be given by delivering
it personally or sending it by prepaid registered mail to the owner at the
owner's last known address on ?le with the Township.When service is
made by registered mail,the service shall be deemed to be made on the
seventh (7th)day after the day of mailing,unless the person on whom
service is being made established that he or she did not,acting in good
faith,through absence,accident,illness,or other cause beyond his or her
control receive the written notice until a later date.
(f)The Council shall hold a hearing pursuant to the provisions of the
Statutory Powers and Procedures Act at the time,date and place set out
in the notice referred to in this section and the committee may:
i.exempt the owner from muzzling and/or leashing requirements,
ii.confirm muzzling and/or leashing requirements,
iii.vary muzzling and/or leashing requirements
requirements of the order,or
iv.combine any exemption confirmation or variance as it sees ?t.
(g)The decision of the Council shall be ?nal and binding.
(h)An application made by the owner for a hearing under this section does
not act as a stay of the Order to Restrain which shall take effect on the
and other
day it is served or deemed served and shall continue to be effective until
Council renders a decision indicating othen/vise.
9.ANIMALS AT LARGE
9.1 No owner of any animal shall cause or permit an animal to run at large within
the limits of the Township unless it can be proven that the animal is a ‘Working
Dog’
9.2 Every person shall keep control ofa dog by:
a)keeping a dog on a leash or restraint ofa maximum length of1 meters;and
b)ensuring the dog is always under the control of a capable person.
9.3 A Peace Officer or an Animal Control Officer may seize and impound any
animal found running at large and deliver same to the Animal Shelter facility
used by the Township.
9.4 Where an animal seized under this By-law is injured,or should be destroyed
without delay for humane reasons or for reasons of safety to persons or
animals,the Animal Control Of?cer may euthanize the animal in a humane
manner at the Officer's discretion and no damages or compensation shall be
recovered by the owner of the animal for such action.
9.5 Where an animal is captured or taken into the custody of the Animal Shelter
Facility used by the Township,including by order of a court,the owner shall
pay to the Township all applicable fees and charges payable under the
Township's Fees and Charges by-law or any other applicable by-law,
including the cost of the services ofa veterinarian,whether the animal is alive,
dies or is euthanized.
9.6 Where an injured animal is impounded or othen/vise detained and requires the
immediate attention of a Veterinarian,the Animal Control Of?cer or Peace
Officer may deliver the injured animal to a Veterinarian for treatment or to be
euthanized and the owner,if known,shall be responsible for all costs incurred.
No damages or compensation shall be recoverable by the owner or any other
person.
10.REDEMPTION OF AN ANIMAL
10.1
(a)The owner of an animal impounded for running at large shall be entitled
to redeem the animal within four (3)days from the time of impoundment,
exclusive of the day of impoundment,statutory holidays and days during
which the Animal Shelter is othen/vise closed upon paying the applicable
charges prescribed and any other expenses including medical costs.
(b)The owner of a dog seized and impounded shall produce a valid license
for the dog before the owner may redeem it.
(c)If no valid license can be produced,the owner of the dog shall purchase
a license for the dog before possession is returned to the owner and the
Animal Control Of?cer shall submit records of the registration and fees to
the Township.
(d)Where an animal that is impounded is not claimed by the owner thereof
within the redemption period specified under this by-law,the animal shall
become the property of Gananoque Humane Society.And may retain the
animal for such further time as the Humane Society may consider proper
and during that time they may:-
(i)sell the animal for such price as they may consider proper.
(ii)euthanize the animal.
10.2 No person shall forcibly retrieve an animal from the Animal Shelter or Animal
Control Officer.
10.3 No person shall retrieve an animal from the Animal Shelter without payment
in full of all applicable fees and charges required to be paid under this by-law.
10.4 Where an animal owner has retrieved an animal but has failed to pay any
outstanding fees or charges assessed by the Shelter,the Township shall
collect any outstanding fees or charges in accordance with its General Rates
and Fees.
10.5 No person who owns,harbors or keeps a dog will cause,allow or permit the
dog to:
a)bite or attack a person or other domestic animal or
b)behave in a manner that poses a menace to the safety of persons.
11.KENNELS
11.1 All commercial and Hobby Kennels are to be registered and licensed by the
Township.All Kennel licenses shall be valid for a one-year period,and yearly
inspections completed.
11.2 The owner/operator of the Kennel shall reside on the property on which the
kennel is located.
11.3 Owners of Commercial and Hobby Kennels in the Township are required to
pay annual license fee on or before April 30”‘as detailed in the General Rates
and Fees Bylaw.Failure to renew a Kennel license while continuing to operate
a kennel will result in charges under the AMP Bylaw.
11.4 Commercial and Hobby Kennels established in the Township after April 30”‘
of any year shall be required to obtain a license within thirty (30)days and pay
the fee thereto in accordance with General Rates and Fees Bylaw.
11.5 Any new applicant for a kennel not previously licensed must first obtain
confirmation that the property location of such kennel complies with the
requirements of the Township’s Zoning Bylaw,Failure to obtain a Kennel
License will result in charges under the AMP Bylaw.
11.6 Every person who holds a Commercial or Hobby Kennel license or the
owner/operator of the kennel shall,when so requested by any person
authorized by the Township,produce such license for inspection.
11.7 In the case of new Commercial and Hobby Kennel Application,the Planning
Department,as part of the review to determine if the property location
complies with the requirement of the Township’s Zoning Bylaw,may require:
a)A detained plot plan including the distance from the location of kennel to
all property lines and neighboring dwellings;and
b)An inspection of the property.Prior to granting said licenses.
11.8 Commercial and Hobby Kennels licensed by the Township prior to the
adoption of this bylaw will be grandfathered with respect to the requirements
of section 11.7 a)and b).
11.9 In addition to the regulations in this Bylaw,a Hobby Kennel will be permitted
provided:
a)It is on land zoned Rural or General Agricultural as designated by the
Township’s Zoning Bylaw.A special exception may be permitted in a
Commercial,Industrial or Wrecking Yard Zone that is being used for
residential purposes only provided the lands are not in,or within 300
meters,of a village boundary.A rezoning and site plan approval will not
be required for this special exception and will be at the discretion of the
Planning Department and in consultation with Council.
b)No boarding,training,shows and no revenue derived from the sale ofpups
is permitted.
c)Not more than (5)dogs shall be permitted on the premises.
d)All dogs that are owned by the owner of the Hobby Kennel are required to
be registered with the Township.New dogs (6 months of age)are required
to be registered with the Township within thirty (30)days of the date of
ownership of the dog.
11.10 In addition to the regulation in this Bylaw,a Commercial Kennel,will be
permitted provided it:
a)It is on lands zoned to permit kennels in the Township Zoning Bylaw
b)it must meet the minimum separation distance between the kennel and all
neighboring dwellings as required in the Township’s Zoning Bylaw.
c)It will be subject to Site Plan Control and the agreement must be registered
on title prior to commencing the operation of the kennel.
d)This shall include purebred and non-purebred clogs.
e)All dogs that are owned by the owner of the Commercial Kennel are
required to be registered with the Township.New dogs (6 moths of age)
are required to be registered with the Township within thirty (30)days of
the date of ownership of the dog.
11.11 If at any time,because of evidence provided that the operation of a
Commercial Kennel or Hobby Kennel or their activities do not conform to the
requirements of this Bylaw,the license may be suspended or revoked.
12.PENALTY
12.1 Every person who contravenes any provisions of any section of this by-law is
guilty of an offence and upon conviction is liable to a ?ne and such penalties
12.2 Every Person who contravenes any provision of this By-law is liable to the
fines and administrative fees set out under the Administrative Monetary
Penalty By-law.‘
12.3 Every Person who is in contravention of the provisions of this By—lawmay
request a review of the matter in accordance with the Administrative
Monetary Penalty By-law.
13.VALIDITY
13.1 If there is a conflict between a provision of the Dog Owners‘Liability Act or a
regulation under the Act,or any other Act relating to dogs including pit bulls,
or another by-law relating to pit bulls,and the provision of this by-law relating
to pit bulls,the provision that is the most restrictive in relation to controls or
bans on pit bulls prevails.
13.2 If any section,clause or provision of this By-law is for any reason declared by
a Court of competent jurisdiction to be invalid,the same shall not affect the
validity of the By-law as a whole or any part thereof,other than the section,
clause or provision so declared to be invalid and it is hereby declared to be
the intention of Council that the remaining sections,clauses or provisions of
the by-law shall remain in full force and effect until repealed,notwithstanding
that one or more provisions of this by-law shall have been declared to be
invalid.
14.SEVERABILITY
15.
If a court of competentjurisdiction declares any section or part of this By-law
invalid,it is the intention of Council of the Township that the remainder of
this By-law shall continue in force unless the court makes an order to the
contrary
EFFECTIVE DATE
A
This By-law shall come into force and take effect on the date of its passing.
READ A FIRST AND SECOND TIME THIS 11th DAY OF JULY,2022.
READ A THIRD TIME ANDFINALLY PASSED THIS 11th DAY OF JULY,
2022.
The Corporation of the Township of Leeds and the Thousand Islands
Corinna Smith-Gatcke,Mayor
Mm_7
Megan Shannon,Clerk