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The Corporation of the Township of
Algonquin Highlands
By-Law 2024-18
Being a By-Law to Regulate the Keeping and Control of Dogs within
the Township of Algonquin Highlands
Whereas section 11(1) of the Municipal Act, 2001, S.O. 2001, c.25 as amended,
provides that a single-tier municipality may pass by-laws respecting matters within its
sphere of jurisdiction;
And Whereas section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25 as amended,
provides a lower-tier municipality to pass by-laws respecting "Animals";
And Whereas section 103 of the Municipal Act, 2001, S.O. 2001, c.25 as amended,
authorizes the Council of a municipality to pass by-laws regulating or prohibiting with
respect to the being at large or trespassing of and control of dogs in the Township of
Algonquin Highlands;
And Whereas section 8(3) of the Municipal Act, 2001, S.O. 2001, c.25 as amended,
provides that a by-law under Section 11 respecting a matter may:
Regulate or prohibit respecting the matter.
Requires persons to do things respecting the matter.
Provide for a system of licences respecting the matter.
And Whereas section 105 of the Municipal Act, 2001, S.O. 2001, c.25 as amended,
provides that where a municipality requires a dog to be muzzled the owner may request
a hearing and that such requirement to muzzle remains in effect until such time as the
hearing is conducted;
And Whereas section 425(1) of the Municipal Act, 2001, S.O. 2001, c.25 as amended,
provides that by-laws may be passed by a municipality to provide that a person who
contravenes a by-law of the municipality passed under the Actis guilty of an offence;
And Whereas section 426 of the Municipal Act, 2001, S.O. 2001, c.25 as amended, no
person shall hinder or obstruct, or attempt to hinder or obstruct any person who is
exercising a power or performing a duty under a by-law passed under this Act;
And Whereas section 429(1) of the Municipal Act, 2001, S.O. 2001, c.25 as amended,
provides that a municipality may establish a system of fines for offences under a by-law
passed under the Municipal Act, 2001;
And Whereas section 434.1 of the Municipal Act, 2001, S.O. 2001, c.25 as amended,
and amendments thereto enables the councils of local municipalities to establish a
system of administrative penalties and whereas Section 434.2 establishes an
administrative penalty constitutes a debt of the person which may be added to the tax
roll;
And Whereas section 436 of the Municipal Act, 2001, S.O. 2001, c.25 as amended,
provides that a municipality has the power to pass by-laws providing that the
municipality may enter on land at any reasonable time for the purpose of carrying out an
inspection to determine compliance with a by-law, or an order made under a by-law, or
court order made under this Act;
Now Therefore the Council of the Corporation of the Township of Algonquin
Highlands enacts as follows:
Section 1 - Short Title
1.1 The shorttitle of this by-law is the "Dog Control By-law".
Section 2 - Definitions
2.1 Act: means the Dog Owners' Liability Act, R.S.O. 1990, c.D.16, as amended, or
any Act and Regulations enacted in substitutions, therefore.
2.2 Bite: means a puncture wound to the skin because of contact with a dog's tooth
or teeth and bitten has a corresponding meaning.
2.3 Dangerous Dog: means any dog that:
(a) has killed a domestic animal, without provocation.
(b) has bitten or attacked a person or domestic animal without provocation.
(c) has shown the disposition or tendency to be threatening or aggressive; or,
(d) has been declared dangerous in another Municipality
24 Dog: means a male or female domesticated canine, service dog, and over the
age of 4 months.
2.5 Domestic Animal: An animal, as a horse or cat, that has been tamed and kept
by humans as a work animal, food source, or pet, especially a member of those
species that have, through selective breeding, become notably different from
their wild ancestors.
2.6 Committee: means a committee established by Council.
2.7 Council: means the Council of The Corporation of the Township of Algonquin
Highlands.
2.8 Kennel: shalimean a building or structure where more than 3 dogs are kepi,
bred, or boarded on a commercial basis, and the said Kennel must be lawfully
operated in accordance with the Township's Zoning By-Law.
2.9 Leash: meansa chain, rope, or other similar device which is designed to be held
by a person and is used or designed to be used to restrain a dog.
2.10 Muzzle: shallmeanahumane fastening orcovering device of adequate strength
and design and suitable to the breed of the dog that fits over the mouth of a dog
and cannotbe removed by the dog, to prevent a dog from biting or attacking a
person or domestic animal.
2.11. Muzzle Order: means a Muzzle Order issued by the Township.
2.12 Officer: means a person appointed by Council as a Municipal Law Enforcement
Officer, or a Police Officer, or other individual duly appointed to enforce this by-
law.
2.13 Owner: means and includes any person who possesses or owns a dog within
the Township. Where the owner is a minor, the person responsible for the
custody of the minor is deemed to be the owner of the dog.
2.14 Person: means a person, property owner, tenant, spouse, firm, partnership,
corporation, company, association, or organization of any kind.
2.15 Pound: means premises that are used for the sheltering, keeping, maintenance
or disposal of dogs that have been impounded pursuant to a by-law of a
Township or the Dog Owners' Liability Act.
2.16 Pound Keeper: means the person or agency designated for the Township to
oversee and operate the Pound.
2.17 Possess: shall mean owning, having care, custody or control of a dog;
2.18 Redemption Period: means minimum three (3) days, excluding the day on
which the dog was impounded, or such longer period as the regulations
prescribe and holidays and days Pound is closed shall not be included in
calculating any redemption period. As per Section 20(1) of the Animals for
Research Act, R.S.O. 1990, c. A.22.
2.19 Running at Large: means the running at large of a dog whenitis foundona
highway, public space, or any other property, other than the property where it is
usually kept, and not under the control of any person.
2.20 Service Dog: means a dog trained to perform specific tasks for a person with
disabilities.
2.21 Without Provocation: means in the absence of teasing, tormenting, abusing or
assaulting actions upon the dog or its owner, eitherin the past or in the present,
by the person or domestic animal which has been bitten by the dog.
Section 3 - Licensing
3.1 Every person who resides in the Township of Algonquin Highlands and owns a
dog shallobtain a licence and register the dog with the Township. This does not
include Short-Term Renta! guests.
3.2. When applying for a license (registering the dog with the Township) the Owner
must submit the following information:
a) Owner contact information --full name, address, email, and phone number.
b) Pet information --name, colour, breed, gender, and whetherthe pet has been
spayed/neutered.
c) Address where the dog will be situated in the Township.
d) Microchip identification number (if applicable).
e) Ownershalil advise whether their pethas received currentrabies vaccination
of the dog and shall provide the Township such information.
3.3. Every Ownershall notify the Township within seven (7) days of any changes to
the registration of their dog.
3.4 The licensing fee is in accordance with the Township's Comprehensive Fees
and Charges By-law and shall be for the lifetime of the dog.
3.5 Upon obtaining a licence bearing a serial number. This licence shall remain
securely affixed to the dog collar and worn at all times.
3.6 In the event the dog licence is lost and/or wom and unreadable, the dog owner
shall, upon satisfying the Township that the licence is lost or worn and
unreadable, be entitled to receive a replacement license upon payment as
indicated in Township's Comprehensive Fees and Charges By-law.
3.7 No Ownerof a dog shall use a licence issued for any dog other than the dog for
which the licence was issued.
Section 4 -- Responsibilities of Dog Owner
4.1 Every person who owns or harbors a dog shall, in a sanitary manner, remove
forthwith and dispose of any excrement left by such a dog anywhere within the
Township.
4.2 Every Owner shail exercise reasonable precautions to prevent their dog from
biting or attacking a person or domestic animal.
4.3. Every Owner shall, upon leaving their property, ensure the dog is properly
leashed and if stipulated, muzzled.
4.4 No person who owns or keeps a dog, or dogs, shall knowingly or unknowingly
permit such dog, or dogs to run at large, on private or municipal property other
than the premises of the owner. Except that nothing in this by-law shall prevent
the lawful use of a dog or dogs for hunting during legal hunting season.
4.5 NoOwnershallallowa dog to trespass on private property, even when on leash.
4.6 No Owner shall have a dog on public property unless the dog is leashed and
under control.
4.7 No Ownershall permit a dog to be within a Township owned or operated facility
or building used by the publicat any time with exception of a Service Dog, unless
during an event where dogs have been approved or where Council has deemed
permitted.
4.8 Every person being the Owner of a Kennel within the Township of Algonquin
Highlands shall pay an annual Kennel fee on or before the 1st day of January
each year, or within 30 days of establishing such Kennel, in accordance with
Township's Comprehensive Fees and Charges By-law.
Section 5 -- Seize and Impound
5.1. Any Officer may seize and impound any dog that is found running at large and
deliver to the Pound and notify the Pound Keeper.
5.2 AnyOfficershall, within 24 hoursfromthe seizure of any dog bearing a Township
license notify the Owner that the dog has been impounded and conditions
whereby the dog can be reclaimed.
5.3. The PoundKeeper shall keep any impounded dog fora redemption period of (3)
three days, excluding the dayon which the dog is impounded, statutory holidays,
and days on which the poundis closed as per Section 20(1) of the Animals for
Research Act, R.S.O. 1990, c. A.22.
5.4 During the redemption period, the Owner of an impounded dog may redeem it if
the Owner:
a) Pays all fines and licencing fees to the Township.
b) Pays the Pound Keeper for boarding fee(s) per day for each day the dog has
been in the pound, commencing the day the dog is seized and including the
day the dog is removed from the pound.
c) Provides evidence satisfactory to the Pound Keeper that they own the dog.
d) Provides evidence satisfactory to the Pound Keeper that the dog is licensed
under this by-law and if not, licenses the dog in accordance with this by-law.
5.5 After the expiration of the redemption period, the Pound Keeper may rehome
and/or have the dog putup for adoption, and the Pound Keepershall collect and
retain an adoption fee for said service.
Section 6 - Dangerous Dog / Muzzle Order
6.1. An Officer may declare a dog a Dangerous Dog:
a) Upon receipt of a signed Statement of a Witness -- Dog Incident form,
attested to by a witness who saw the dog commit an action consistent with
that of a Dangerous Dog. The Statement must identify the dog, the Owner
and Owner's address; or
b) Upon receipt by the Township of a signed Statement attested to by the
Director or Administrator/Clerk of another municipality where the dog has
been declared dangerous.
c) After an Officer has conducted a full investigation into the manner in which
the dog incident happened.
6.2 Where a dog is declared a Dangerous Dog, a Muzzle Order shall be served on
the Owner of the dog by an Officer, and shall include the following requirements
on the Owner:
a) When the dog is on the property of the Owner, the dog shall be inside a
building or house, or restrained to the side or rear yard with a securely placed
leash or a fully enclosed pen of sufficient design and strength to contain the
dog.
b) When the dog is off the property of the Owner, the dog shall be restrained by
means of a securely attached muzzle, aleash with a maximum length of one
(1) meter of sufficient strength and under the effective control of a person
sixteen (16) years of age or older.
c) The Owner of the dog shall display a warning sign at the main entrance of
the property that is clearly visible, warning of a Dangerous Dog.
d) Provide the Township with a copy of current rabies vaccination records, and,
e) Notify the By-law Department as to any changes of residency of the
Dangerous Dog, transfer of ownership to another person or if the Dangerous
Dog has been destroyed.
6.3. A Muzzle Order shall be served personally or by registered mail to the last
known address of the Owner. Such an Order that has been served by
registered mail shall be deemed to have been received by the person to whom
it was served to on the fifth (5) day after itis mailed.
6.4 Upon request, the Owner of the dog is entitled to a hearing by Council, or bya
Committee or by a designated official from the Township, which may amend,
confirm, or rescind the Order upon examining all the facts. The dog may be
exempted from muzzling, or the conditions of muzzling will continue to apply.
6.5 The Owner of the Dangerous Dog shall comply with all terms and requirements
made in the Muzzle Order.
6.6 The provisions of this section do not prevent, supersede, or quell proceedings
pursuantto the Dog Owners' Liability Act by any otherparty anddoes not prevent
the Officer from proceeding under the Dog Owners' Liability Act in place of this
section, where warranted.
Section 7 - Exemptions
7.1. Police Working Dogs shall be considered exempt from the Dangerous Dog
provisions of this by-law.
7.2 Anyownerwhose primary residence is outside the Township and has registered
their dog with their respective municipality shall be exempt from section 3.1,
provided that upon request by an Officer, shall provide supporting
documentation.
Section 8 - Powers of Entry
8.1. An Officer may enter on land at any reasonable time for the purpose of carrying
out an inspection to determine compliance with this by-law.
8.2. Noperson shall hinder or obstruct, or attempt to hinder or obstruct, an Officer or
other duly appointed person who is exercising a power or performing a duty
under this by- law.
Section 9 - Administration and Enforcement Provisions
9.1. This By-law shall be administered by the Chief Building Official or designate.
9.2 This By-law shall be enforced by an Officer.
Section 10 - Administrative Penalties
10.1. An Officer who finds that a person has contravened any provision of this by-law
may issue a penalty notice addressed to that person.
10.2 Any person who contravenes any provision of this by-law shall, upon issuance
of a penalty notice pursuantto Section 10.1, is liable to pay to the Township an
administrative penalty in the amount of $100.00 dollars.
10.3. The penalty notice shall be given to the person to whom or to which it is
addressed as soon as is reasonably practicable and shall include the following
information:
a) particulars of the contravention, including to which property it applies;
b) the amount of the administrative penalty; and
c) a statement advising that an administrative penalty will constitute a debt to
the Township.
10.4 A person who has been issued a penalty notice shall pay the administrative
penalty within fifteen (15) days from the date the notice was issued.
10.5 An administrative penalty that is deemed to be confirmed constitutes a debt to
the Township and may be added to the tax roll of the Owners' property.
Section 11 - Service of Documents
11.1. The Township may serve any document under this by-law, including but not
limited to a penalty notice, personally to the person named on the notice, by
registered or regular mail addressed to the person to whom the document is to
be given at the person's last known address.
11.2 Service by registered or regular mail under subsection 11.1 shall be deemed to
have been made on the fifth (5) day after the day of mailing.
11.3. A person's last known address includes the address provided by the person to
the Township as identified in the property tax file.
Section 12 - Offence and Penalty Provisions
12.1 Every person whocontravenes any provision of this by-law is guilty of an offence
and on conviction is liable to a fine as provided for in the Provincial Offences
Act, R.S.O. 1990, c. P. 33, as amended.
12.2 Every person who contravenes a by-law enacied by the Township of Algonquin
Highlands may be subject to Administrative Penalty, as permitted under
Section 434.1 of the Municipal Act, 2001, S.O. 2001, c.25, as amended.
12.3 If this by-law is contravened and a conviction entered, the court in which the
conviction has been entered and any court of competent jurisdiction thereafter
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.
Section 13 - Severability
13.1 If acourt of competentjurisdiction 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
the bylaw and it is hereby declared that the remainder of the by-law shall be
valid and shall remain in force.
Section 14 - Implementation
14.1. This by-law shall come into full force and effect September 19, 2024.
Section 15 - Repeal |
15.1. On the date this By-law comes into force and effect, By-law 2013-21 is hereby
repealed.
15.2 Any notice or order issued, proceeding being conducted, or other action being
carried out under By-Law 2013-21 is deemed to continue under this By-Law.
READ a First, Second and Third time and passed this 5th day of September 2024.
Drees 4 MOWUDT SECT
(7) C) os : WA
erki/Deputy CAG Dawn Newhook
The Corporation of the Township of Algonquin Highlands
Part 1 Provincial Offences Act
Schedule "A" By-law 2024-18: Dog Control By-law
Column 1 Column 2 Column 3
Short Form Provision Set Fine
Wording Creating or
Defining
Offence
Fail to obtain Licence Section 3.1 $150.00
Fail to remove excrement Section 4.1 $150.00
3. Fail to exercise Section 4.2 $300.00
reasonable precaution to
prevent bite/attack
Allow dog to run at large Section 4.4 $150.00
Allow dog to trespass on .
private property Section 4.5 $150.00
Allow dog on public .
7. Allow dog into a Section 4.7 $150.00
Township facility or
building without approval
Kennel owner - fail to pay Section 4.8 $200.00
annual fee
Fail to comply with Muzzle Section 6.2 $150.00
Order
10. Hinder orobstruct an Section 8.2 $300.00
officer performing a duty
under this by-law
"Note: The penalty provision for the offences indicated above is Section 12.1 of the
By-Law No. 2024-18, a certified copy of which has been filed".