Dog and Cat By-law No. 40-2025

Ajax, Ontario · No. 40-2025 · adopted 2025-05-20 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 9d9e29c01850 · verified 2026-10-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

"Effective Date Declaration Attached" The Corporation of The Town of Ajax By-Law Number 40-2025 Being a By-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Town of Ajax, or defined areas therein. Whereas the Municipal Act, 2001, S.O. 2001, c. 25, as amended ("Municipal Act") provides the Town with broad authority to pass By-laws within various "spheres of jurisdiction", including a By-law respecting animal matters; And whereas the "Municipal Act" confers the power upon a municipality to pass a By- law regarding the health, safety and well-being of persons; And whereas the "Municipal Act" confers the power upon a municipality to pass a By- law to provide for the seizure and impounding of animals being at large or trespassing and the sale of impounded animals under certain conditions; And whereas the "Municipal Act" requires Council or a Committee of Council or an Animal Services Officer of the municipality to hold a hearing on whether to exempt an owner in whole or in part from muzzling requirements of a dog, when so requested by the dog owner; And whereas the Dog Owners' Liability Act., R.S.O. 1990, c. D.16, as amended ("D.O.L.A.") provides for controls on pit bulls and other dog breeds as defined in the D.O.L.A.; And whereas the Pounds Act, R.S.O. 1990, c. P.17, as amended ("Pounds Act") authorizes a municipality to impound animals found running at large. Now therefore, the Corporation of the Town of Ajax hereby enacts as follows: 1. Short Title 1.1. This By-law may be cited as the Dog and Cat By-law. 2. Definitions 2.1. In this By-law: (a) "aggressive behavior" means the conduct of an animal whereby the animal bites or attacks a person or domestic animal or poses a menace to the safety of persons or domestic animals; (b) "altered" means a male or female animal that has been sterilized by a licensed veterinarian. In the case of a female animal, where the animal has been spayed or otherwise operated on to prevent conception, and in the case of a male animal, where the animal has been neutered or castrated; (c) "animal" means any member of the animal kingdom, other than a human; (d) "Animal Services Officer" shall include any person employed by the Town to enforce the provisions of this By-law and also includes a Municipal Law Enforcement Officer; (e) "blind person" means a person to whom an identification card has been issued by the Attorney General or an Officer of his or her Ministry, pursuant to the provisions of the Blind Persons' Rights Act, R.S.O. 1990, c. B.7; (f) "boulevard" means that portion of a highway between the travelled portion of the highway and the limit of the highway line; (g) "cat" means a feline of the species felis catus; (h) "Committee" means a committee as approved by Council for the purpose of hearing appeals to any Order to Restrain that may be issued by the Town; (i) "dog" means a canine of the species canis familiaris; (j) "dwelling unit" means a room or suite of two or more rooms designed or intended for residential use by a person or persons in which culinary and sanitary conveniences are provided for the exclusive use of such person or persons and having a private entrance from outside or from a common hallway or stairway inside and which is located in a residentially zoned part of the Town; (k) enclosure " means a pen or other enclosure that prevents the animal from leaving the property and prevents contact with people and other animals outside the pen or enclosure; (l) "excessively" means, with respect to barking, any barking or howling exceeding a cumulative fifteen (15) minute period within any one (1) hour timeframe. (m) "expense" means the cost of carrying out the work to be done by the Work Order pursuant to Section 8 and an administrative charge as outlined in the Town of Ajax Fees and Charges By-law; (n) "leash" means a strap, cord, chain or other device which is designed to restrain the breed of animal it is controlling. A leash shall not include an electronic wireless leash, electronic collar, shock collar or any other similar wireless device used for the control of an animal; (o) "leash free area" means an area designated by the Town where dogs are not required to be on a leash but must be under verbal control of an owner; (p) "minor" means a person who has not attained the age of 18 years or a person who has not attained the age of majority as defined in the Age of Majority and Accountability Act, R.S.O. 1990, c. A.7; (q) "multi-use pathway" means a path located on the boulevard that is physically separated from motor vehicle traffic, designated for use by cyclists, pedestrians and people using other vehicles driven by muscular power, but does not include a sidewalk; (r) muzzle" means a humane device that fits over the mouth of a dog and prevents the dog from biting, regardless of brand/commercial name of the product. A muzzled dog means a dog wearing a muzzle in the manner anticipated by the manufacturer of the muzzle; (s) "obnoxious dog" means a dog that engages in a practice or behaviour that is offensive or annoying to the community and includes any dog that poses a risk and/or endangers the life, health, property or comfort of the public; (t) "official service" is established when an Order to Restrain, Interim Order to Restrain, Obnoxious Order to Restrain or Work Order is posted in a conspicuous place at the property of the owner or sent by registered mail or personally delivered to the owner; (u) "owner" includes a person in possession of or harbouring a dog or cat within the Town and, where the owner is a minor, the person responsible for the custody of the minor, and includes the person or persons identified as the owner of the property harbouring the dog or cat: i) in the most recent municipal tax records; or ii) on the deed in accordance with the records of the land registry office, and includes the person or persons licensed as the owner of a dog or cat; (v) "off-road trail" means a paved off-road trail with a minimum width of 2 metres; (w) "park or parkland" includes any land or premises within the Town used for park or recreational purposes including but not limited to green spaces, trails, walkways, sports fields, water features, swimming pools, water retention ponds, wooded areas and land covered by water and all portions thereof owned by, under the control of, or made available by lease, agreement, or otherwise to the Town, that is or hereafter may be established, dedicated, set apart or made available for use by the public including any park buildings, buildings, structures, facilities, erections and improvements located in or on such lands; (x) "permanent identification" means an electronic microchip encoded with identification information which has been implanted in an animal; (y) "person" includes an individual, a sole proprietorship, a partnership, an unincorporated association, a trust, a body corporate and a natural person. "persons" shall have a corresponding meaning; (z) "pit bull" includes a pit bull terrier, a Staffordshire bull terrier, an American Staffordshire terrier, an American pit bull terrier or a dog that has an appearance and physical characteristics that are substantially similar to those dog breeds referred to in this definition; (aa) "property" means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile structures, outbuildings, fences and erections thereon, whether heretofore or hereafter erected and includes vacant property; (bb) "protective care" means the temporary, time-limited keeping of an animal by the Town as a result of an eviction, incarceration, fire or medical emergency, or any other similar incident deemed necessary by the Town; (cc) "service animal" means an animal trained to do work or perform tasks for the benefit of an individual with a disability including, but not limited to, those with visual or hearing impairment and having the qualifications prescribed by the regulations made under the Human Rights Code, R.S.O. 1990c. H.19, the Blind Persons' Rights Act, R.S.O. 1990, c. B.7. and/or the Accessibility for Ontarians with Disabilities Act, S.O. 2005, c. 11; (dd) "shelter" means the Durham Region Humane Society Shelter located in the Town of Whitby for the safe-keeping of impounded dogs or cats; (ee) "sidewalk" means those parts of a highway set aside by the Region or the Town of Ajax for the use of pedestrians; (ff) "tag" means a disc or other shape of metal or plastic furnished by the Town as hereinafter provided and suitable to be securely fixed on a dog or cat for the purpose of identification; (gg) "Town" means The Corporation of the Town of Ajax; (hh) "unaltered" means either a male or female animal that has not been altered; (ii) "under the control" means a dog that is at all times on a leash held by a person that is physically capable of restraining the dog to prevent the dog from lunging, attacking, biting or interfering with a person or another domestic animal, or a dog that is otherwise physically restrained to prevent the dog from lunging, attacking, biting or interfering with a person or another domestic animal; (jj) "under verbal control" means a dog in a leash free area that is adhering to the verbal commands of an owner or person that is verbally capable of controlling the dog to prevent the dog from lunging, attacking, biting or interfering with a person or another domestic animal; (kk) "veterinarian" means a person registered to practice veterinary science under the Veterinarians Act, R.S.O. 1990, c. V.3, as amended; (ll) "working animal" means an animal that is kept by humans and individually trained to do work. This may include, but is not limited to, enforcement dogs, trained specifically to assist police and similar law enforcement personnel with their work, and shall not include hunting dogs or farm dogs; and (mm) "Work Order" means an order issued pursuant to Section 8 of this By-law. 3. Licensing of Dogs and Cats 3.1. Every owner of a dog or cat over the age of sixteen weeks shall license the animal with the Town and shall obtain a licence therefore on an annual basis. The licence shall expire 365 days after the date of issuance and must be renewed on or before the date of expiry to remain valid. 3.2. At the time of licensing any dog or cat, the owner of the animal shall ensure that the rabies vaccination is current and that such vaccination be maintained and kept up to date throughout the term of the licence. 3.3. Every owner of a dog or cat shall, at the time of licensing the animal, pay a licence fee to the Town in accordance with the Town's Fees and Charges By-law. 3.4. Upon payment of the licence fee, the owner shall be furnished with a tag and shall keep the tag securely fixed on the dog or cat at all times. 3.5. No owner shall affix or permit to be affixed a tag issued by or on behalf of the Town for any dog or cat other than the dog or cat for which the tag was issued. 3.6. A tag shall bear an identification number, and a record shall be kept by the Town Clerk or other person designated for that purpose, showing the name, address and other pertinent information of the owner and the identification number of the tag. 3.7. The Town may refuse to issue a dog or cat licence to any person deemed to be in contravention of this By-law. 3.8. If a tag is lost or misplaced for any reason, the owner shall make application for, and upon payment of replacement fee stated within the Town's Fees and Charges By-law, shall be entitled to a replacement tag. 4. Control of Dogs and Cats 4.1. Every owner of a dog or cat shall at all times comply with all provisions of any other By-law that regulates the control of an animal, including but not limited to the Towns Park By-law. 4.2. For the purpose of this section, a dog or cat shall be deemed to be running at large when found in any place other than the property of the owner of the dog or cat, and not under the control of any person. 4.3. For the purpose of this section, a dog shall not be deemed to be running at large when found within a leash free area, not on a leash but under verbal control of an owner. 4.4. For the purpose of this section, a dog shall be deemed not under verbal control of an owner in a leash free area, should the dog attack or bite a person or another dog or is not adhering to the verbal commands given by an owner. 4.5. No owner shall, knowingly or not knowingly, allow their dog or cat to attack or bite a person or domestic animal. 4.6. Every owner shall keep a dog or cat leashed and under the control of some person when the dog or cat is off the property of the owner, unless prior consent is given by the person owning the land on which the dog or cat is found. 4.7. Every owner while on or within 3 meters of any multi-use path and/or off-road trails in the Town of Ajax shall keep a dog leashed on a leash of no longer than 1.8 meters in length. Owners using an adjustable length leash shall have the leash securely fixed at a length of no longer than 1.8 meters. 4.8. No owner shall permit their dog to dig holes or destroy vegetation on any parkland. Dogs in Parks 4.9. No owner shall allow or permit a dog onto Town parkland, or any part thereof that is designated by signage as an area where dogs are prohibited either at any time, or during specific designated times, or in specific designated park areas. 4.10. No owner shall allow or permit a dog to enter onto Town parkland, or any part thereof, or be within two meters of, a playground or play structure, a wading pool, a spray pad, or a splash pad unless the encroachment is a result of the Towns designed and established multi-use pathway or off-road trail. Leash Free Areas 4.11. A pit bull shall be leashed and muzzled at all times when in a leash free area. 4.12. Every owner of a dog, in a leash free area, shall ensure that their dog is under verbal control and within visual sight at all times. 4.13. No owner shall have in their control, care or possession more than three (3) dogs while in a leash free area. 4.14. No owner, in a leash free area, shall leave their dog unattended. 4.15. Every owner of a dog, in a leash free area, shall immediately leash their dog if it shows aggressive behavior towards any person or other domestic animal. 4.16. Every owner of a dog, in a leash free area, shall be at least 18 years of age and capable of controlling the dog. 4.17. Every owner or any person attending a leash free area does so at their own risk. At Large 4.18. No owner shall, knowingly or not knowingly, allow a dog or cat to run at large within the limits of the Town. 4.19. Any person shall be entitled to take charge of any dog or cat found running at large but shall forthwith deliver the dog or cat to an Animal Services Officer. 4.20. Nothing in this section confers on any person a right to enter any premises. 4.21. An Animal Services Officer may seize and impound any dog or cat: (a) delivered to him or her under the provisions of Section 4.19 of this By-law; or (b) found running at large. 4.22. An Animal Services Officer or shelter staff shall restore possession of the dog or cat to the owner only where: (a) the owner claims possession of the dog or cat; (b) the owner pays to the shelter the impoundment fee as stated in the Town's Fees and Charges By-law, for each day or part thereof that the dog or cat is impounded; (c) the dog or cat is registered under Section 3 of this By-law; (d) the owner pays to the Town the cost of any veterinary care received by the dog or cat after being taken into possession that the Animal Services Officer deemed necessary for the well-being of the animal; and (e) the owner pays to the shelter the cost of any veterinary care received by the dog or cat while impounded that the shelter staff deemed necessary for the well-being of the animal. 4.23. Where, on the sixth day, exclusive of Sundays and statutory holidays, after the date of seizure and impounding, possession of the dog or cat has not been restored to the owner under Section 4.22 of this By-law, the shelter staff may: (a) sell or make a gift of the dog or cat; or (b) euthanize the dog or cat in a humane manner; and no damage or compensation shall be recovered or recoverable on account of the animal's disposition or destruction. 4.24. Where a dog or cat seized and impounded is injured or should be euthanized without delay for humane reasons, or for reasons of safety to persons or animals, the Animal Services Officer, Town and its agents, or shelter staff may euthanize the dog or cat in a humane manner as soon after seizure as he or she sees fit without permitting any person to claim possession of the dog or cat and without offering it for sale and no damages or compensation shall be recovered or recoverable on account of its destruction. 4.25. Where the shelter or Town deems it necessary to euthanize a dog or cat pursuant to the provisions of Section 4.23 and/or Section 4.24 of this By-law, the shelter or Town shall first make every effort possible and practical in the circumstances to contact the owner of the dog or cat and to permit the owner to transfer the animal, at the owner's expense, to the office of a veterinarian. 5. Protective Custody 5.1. The Town is authorized to receive animals into protective care that the Town deems appropriate. 5.2. Animals which are received or taken into protective care by the Town shall only be kept on a temporary basis for up to a maximum of five days. 5.3. When the Town receives an animal into protective care, the owner of the animal shall pay to the Town the sheltering fees as outlined in the Town's Fees and Charges By-law and any and all costs incurred on behalf of such animal being in protective care by the Town including but limited to all required veterinary medical care prior to redeeming of the animal. 5.4. If an animal is in protective care at the end of the five-day period and the animal has not been redeemed by the owner, then the Town shall treat such animal as a day-one impounded animal pursuant to section 4 of this by-law. 6. Control of Pit Bulls 6.1. No person shall own a pit bull unless the pit bull meets the requirements of a restricted pit bull pursuant to D.O.L.A. 6.2. Every owner of a pit bull shall ensure that the pit bull is sterilized and shall provide proof in writing of such sterilization, from a veterinarian to the Town upon request. 6.3. Every owner shall ensure that their pit bull is leashed and muzzled at all times unless: (a) the pit bull is within an enclosure on the property occupied by the owner of the pit bull; or (b) the pit bull is within an enclosure on the property occupied by a person who consents to the pit bull being off leash and/or without a muzzle. 6.4. The provisions of Section 6 of this By-law will cease to be in effect upon the repeal of the sections or regulations of D.O.L.A. that place restrictions or prohibitions on the ownership or control of pit bulls. 7. Muzzling and Leashing of Dogs 7.1. Where a dog has bitten, attacked or posed a menace to a person or domestic animal, an Animal Services Officer may issue an Order to Restrain on the dog for a period of time to be determined by the Animal Services Officer. Any Order to Restrain is in effect as soon as official service has occurred. 7.2. Any Order to Restrain may include, but is not limited to: (a) confining the dog to the owner's property; (b) restraining the dog with a leash; (c) restraining the dog with a muzzle; and/or (d) the posting of warning signs. 7.3. During the course of an investigation, an Animal Services Officer may issue an Interim Order to Restrain to last for a period no longer than 14 days. 7.4. Where the Town deems a dog to be an obnoxious dog, an Animal Services Officer may issue an Obnoxious Order to Restrain requiring certain conditions, including but not limited to the dog being contained within a secured and fenced yard or that the dog be leashed or restrained to prevent the dog from running at large. 7.5. Every owner shall, at all times, comply with an Order to Restrain, Interim Order to Restrain or an Obnoxious Order to Restrain. 7.6. Where an Order to Restrain is placed on a dog after an Obnoxious Order to Restrain has already been placed on the dog, the order that is more restrictive prevails. 7.7. Should the owner of the dog disagree with the Order to Restrain, he or she may appeal the Order to Restrain to the Committee by sending a notice of appeal, by registered mail, to the Secretary of the Committee, outlining which items or conditions are being appealed, within 10 days after official service of the Order to Restrain. An Order to Restrain that is not appealed within the 10 day time period shall be deemed confirmed. 7.8. Upon receipt of notification of an appeal, the Committee shall, as soon as practical, conduct a hearing and shall hear evidence presented by both Animal Services and the owner of the dog, and make a decision to confirm, modify or quash the Order to Restrain, it being understood that during the time between the date of the Order to Restrain and the date that the Committee makes its decision, the owner shall comply with all the requirements as outlined in the Order to Restrain. The decision of the Committee shall be mailed or personally delivered to the owner within 5 business days of the decision being made by the Committee. 7.9. Should the owner of the dog or the Town disagree with the Committee's decision, they may appeal the Committee's decision to the Town's Hearing Officer by notifying the Secretary of the Committee, in writing, within 14 days after a copy of the Committee's decision is sent. In the event that the owner of the dog appeals the Committee's decision, the owner of the dog will be subject to pay the appropriate fees as outlined in the Town's Fees and Charges By-law. If the Committee's decision is not appealed within the 14 day time period, the decision shall be considered to be final and binding and the owner of the dog shall comply therewith. 7.10. Upon receipt of notification of an appeal, the Secretary of the Committee shall, as soon as practical, schedule a hearing and the Hearing Officer shall hear evidence presented by both Animal Services staff and the owner of the dog, and make a decision to confirm, modify or quash the Order to Restrain, it being understood that during the time between the date of the Committee's decision and the date that the Hearing Officer makes their decision, the owner shall comply with all the requirements as outlined in the Committee's decision. Once the Hearing Officer has made their decision, the decision of the Hearing Officer shall be considered to be final and binding and the owner of the dog shall comply therewith. 8. General Requirements 8.1. Every owner of a dog or cat shall immediately remove excrement left by the dog or cat on property not owned by the owner of the dog or cat and dispose of it in a hygienic manner. 8.2. Every owner of a dog or cat shall remove excrement: (a) immediately on any area of their own property which is not enclosed; and (b) on their enclosed property within 3 days while at any time ensuring that such excrement does not create offensive odours, an unsightly condition, or becomes a public nuisance. 8.3. An Animal Services Officer may require an owner by Work Order to clean the property of dog and/or cat excrement. Any Work Order is in effect as soon as official service has occurred. 8.4. Every owner shall keep their property clear of excrement pursuant to Section 8.2 and shall comply with any Work Order given by an Animal Services Officer pursuant to Section 8.3 of this By-law. 8.5. A Work Order mailed to an owner shall be mailed to the address of the owner as shown in the most current municipal tax records. 8.6. No owner of a dog shall, knowingly or not knowingly, allow the dog to howl or bark excessively. 8.7. No person, being an owner, tenant or occupant of a dwelling unit, shall, knowingly or not knowingly, keep, own or harbour, or permit to be kept, owned or harboured, more than three (3) dogs in or about the dwelling unit. 8.8. No person, being an owner, tenant or occupant of a dwelling unit, shall, knowingly or not knowingly, keep, own or harbour, or permit to be kept, owned or harboured, more than three (3) cats in or about the dwelling unit. 9. Exceptions 9.1. The fees as outlined in Section 3 of this By-law shall not apply to owners of service animals or working animals. 10. Offence Penalty and Enforcement 10.1. Any person who contravenes the provisions of this By-law, including every person who fails to perform a duty imposed herein or who performs an act prohibited herein and every director or officer of the corporation is liable to an administrative monetary penalty and fees, pursuant to the Town's Administrative Monetary Penalty System By-law, for offences that are designated, or is guilty of an offence, for any contravention, and upon conviction is liable to a fine or penalty for each offence, exclusive of costs as prescribed by the Provincial Offences Act, R.S.O. 1990, c. P.33. No person that receives an administrative penalty shall be charged with an offence under the Provincial Offences Act, R.S.O. 1990 for the same contravention and date of contravention. 10.2. The making of a false or intentionally misleading recital of fact, statement or representation in any agreement, statutory declaration or application form required by this By-law shall be deemed to be a violation of the provisions of this By-law. 10.3. No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty pursuant to this By-law. 10.4. Every person that does not immediately leash or restrain a dog, or follow directions to leave a leash free area, at the request of an Animal Services Officer, is guilty of an offence. 10.5. An Animal Services Officer may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not an Order to Restrain, an Interim Order to Restrain, a Work Order, a condition and/or a section of this By-law is being complied with. 10.6. Where the owner fails to comply with a Work Order issued pursuant to this By- law, the Town, in addition to other remedies: (a) Shall have the right to carry out the work as required in the Work Order and for this purpose may, with its servants and agents from time to time, enter in and upon the property; (b) Shall have the right to recover the expense of carrying out the work as required in the Work Order in the same manner as taxes; and (c) Shall not be liable to compensate such owner, occupant or other person having an interest in the property by reason of anything done by or on behalf of the Town under the provisions of this By-law. 10.7. Where the owner fails to pay any incurred fees, such as veterinary costs incurred before, during, or after impoundment, to the Town or the shelter, the Town, in addition to other remedies, may have the right to recover the expense of veterinary treatment in the same manner as taxes. 11. Validity 11.1. If a court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of this By-law and it is hereby declared that the remainder of this By-law shall be valid and shall remain in force. 12. Repeal of By-Law 12.1. This by-law shall come into force and effect when the Town has completed all legislated requirement as identified in the Municipal Act, 2001, S.O. 2001, c. 25, and all regulations associated with an Administrative Monetary Penalty System and the Town's Deputy Chief Administrative Officer has designated a commencement date. 12.2. Upon the effective date of this By-law, By-law #54-2024, and any amendments thereto, shall be repealed, subject to section 12.3. 12.3. By-law #54-2024, and any amending by-laws thereto shall apply and will continue to apply to any enforcement proceedings initiated prior to this By-law coming into force and then only until such enforcement proceedings have been concluded. Read a first and second time this Twentieth day of May, 2025 Read a third time and passed this Twentieth day of May, 2025 Shaun Collier Mayor and CEO Jaclyn Grossi Clerk Corporate Services Tel. 905-683-4550 Fax. 905-683-1061 TOWN OF AJAX 65 Harwood Avenue South Ajax ON L1S 2H9 www.ajax.ca Jaclyn Grossi Municipal Clerk Corporate Services Town of Ajax July 14, 2025 By-law Effective Date Commencement Pursuant to the effective date sections contained within the following By-laws, adopted by Council of the Corporation of The Town of Ajax, I, Nicole Cooper, Deputy Chief Administrative Officer for the Town of Ajax, do hereby declare the effective date of these By-laws to be July 28th, 2025: By-law # 31-2025 Administrative Monetary By-law By-law # 38-2025 Clean and Clear By-law By-law # 39-2025 Clean Community By-law By-law # 40-2025 Dog and Cat By-law By-law # 41-2025 Election Sign By-law - By-law # 42-2025 Fence By-law By-law # 43-3025 Fireworks By-law By-law # 44-2025 Noise By-law By-law # 45-2025 Parks By-law By-law # 46-2025 Public Nuisance and Safety By-law By-law # 47-2025 Refreshment Vehicle By-law By-law # 48-2025 Road Occupancy By-law By-law # 49-2025 Temporary Sign By-law A certified copy of this declaration shall be attached to each of these By-laws within the Town's records, for perpetuity. Nicole Cooper Deputy Chief Administrative Officer Town of Ajax