By-law 2022-008 - Keeping of Animals (Animal Care and Control)
Amherstburg, Ontario
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THE CORPORATION OF THE TOWN OF AMHERSTBURG
BY-LAW NO. 2022-008
A By-law to regulate the Keeping of Animals and the Care and Control of Animals within
the Town of Amherstburg
WHEREAS the Municipal Act, the Dog Owners' Liability Act, the Pounds Act, the
Animals for Research Act, the Environmental Protection Act, and the Protection of
Livestock and Poultry from Dogs Act contain provisions enabling municipalities to
regulate and identify animals;
AND WHEREAS Sections 8, 9 and 10 of the Municipal Act, 2001 authorize the Town of
Amherstburg to pass bylaws necessary or desirable for municipal purposes, and in
particular paragraphs 5, 6 and 8 of subsection 10(2) authorize by-laws respecting the
economic, social and environmental well-being of the municipality; the health, safety
and well-being of persons; and the protection of persons and property;
AND WHEREAS Sections 8, 11 (2) and 11 (3) of the Municipal Act, 2001, confer the
powers for a municipality to pass By-laws to regulate, prohibit and require persons to do
things respecting animals and in relation to the health, safety and well-being of persons,
the social well-being of the municipality and the protection of persons;
AND WHEREAS Section 103 and 105 of the Act provides specifically that a by-law may
provide for the impounding of animals;
AND WHEREAS Section 103 and 105 of the Act provides that a municipality may
prohibit and regulate with respect to public nuisances, including matters that, in the
opinion of council could become the cause of public nuisances;
AND WHEREAS Section 391 of the Municipal Act, 2001, enables a municipality to pass
By-laws imposing fees or charges on persons;
AND WHEREAS Section 425 of the Act authorizes the Town of Amherstburg to pass
by-laws providing that a person who contravenes a by-law of the Town of Amherstburg
passed under that Act is guilty of an offence;
AND WHEREAS section 426 of the Municipal Act, 2001, S.O.2001 c.25 as amended,
states no person shall hinder or obstruct, or attempt to hinder or obstruct, any person
how is exercising a power or performing a duty under this act or under a by-law passed
under this act 2006, c. 32, Sched A, s. 184
AND WHEREAS Section 436 of the Municipal Act 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; and,
AND WHEREAS Section 444 of the Municipal Act provides that a municipality may
make an order requiring a Person who contravened a by-law or who caused or
permitted the contravention or the owner or occupier of the land on which the
contravention occurred to discontinue the contravening activity; and
AND WHEREAS Section 445 of the Municipal Act provides that a municipality may
make an order requiring the Person who contravened the by-law or who caused or
permitted the contravention or the owner or occupier of the land on which the
contravention occurred to do work to correct the contravention;
AND WHEREAS the Province has amended the Dog Owners' Liability Act and the
Animals for Research Act, to restrict, regulate and prohibit pit bull dogs, including the
requirement to sterilize, muzzle and leash existing pit bull dogs;
AND WHEREAS PART XIV of the Municipal Act, 2001, authorizes a municipality to
enforce its By-laws;
AND WHEREAS the Council of The Corporation of the Town of Amherstburg considers
it necessary and desirable to provide for the care and control of animals within the Town
of Amherstburg;
NOW THEREFORE the Council of The Corporation of the Town of Amherstburg
ENACTS AS FOLLOWS:
Short Title
This By-law shall be known as the "Animal Care and Control By-law".
Part 1 - DEFINITIONS
1.1 In this By-law:
"Abandon" means the surrender, relinquishment or cessation of control of an animal
by an individual who previously had control of the animal with the intention of not
reclaiming control of the animal and shall be deemed to have occurred where an animal
is located on lands and premises not owned or leased by that individual;
"Animal" means any member of the animal kingdom, other than a human;
"Animal product" means meat, fibre, fur, milk, eggs, or other products derived from an
animal;
"Animal Shelter" means a facility operated by the Town for the care, keeping and
impounding of animals and may include any Town Staff thereof where the context
permits;
"At large" means where an animal is in any place other than its owner's lot and is not
physically restrained by a capable person by means of a leash or otherwise;
"Attack" means an aggressive and violent action against a person, an assault resulting
in bleeding, bone breakage, sprains, serious bruising, multiple injuries, serious injury or
death
"Bite" - means piercing or puncturing of the skin as a result of contact with a dog's
tooth or teeth;
"Cat" means any felidae which is commonly domesticated including those which are or
appear to have become feral;
"Control" means the act of preventing an Animal from creating a hazard to any person
or domestic Animal or damage to property;
"Corporation" means The Corporation of the Town of Amherstburg;
"Dangerous dog" means any dog that, in the absence of a mitigating factor, has
demonstrated the propensity to act in a significantly menacing or aggressive fashion or
displayed an apparent attitude of attack towards any person or an owner's animal or
has bitten, attacked or caused injury to any person or an owner's animal;
"Designate" means an employee of the Town who has been selected by the Director to
administer or enforce all or part of this By-law on their behalf;
"Director" means the Manager, Licensing and Enforcement for the Town, a designate
or, in the event of any organizational changes, a successor or equivalent position;
"Dispose" means the act by a person of throwing away or getting rid of an animal or
animals on lands and premises not owned or leased by that person and shall be
deemed to have occurred where an animal is thrown, placed, deposited, ejected from a
motor vehicle or caused to be thrown, placed, deposited, ejected from a motor vehicle;
"Distress" means the state of being in need of proper care, water, food or shelter or
being injured, sick or in pain, suffering, or being abused or subject to undue or
unnecessary hardship, privation or neglect;
"Dog" means a domesticated canine animal, male or female, two months of age and
older;
"Doghouse" means an exterior building or structure that is used, or designed to be
used, to provide shelter to one or more dogs;
"Dog run" means a pen that is exclusively used, or designed to be used, to provide
one or more dogs access to an outside area while remaining within;
"Dog Owners' Liability Act" - means the Dog Owners' Liability Act, R.S.O. 1990, c. D.
16, as amended;
"Domestic fowl" means and includes chickens, geese, ducks, turkeys, and other such
poultry and the young of any of them, and includes game birds where the game birds
are kept pursuant to a licence under the Game and Fish Act, R.S.O. 1980, c. 182, as
amended, or the Migratory Bird Convention Act, R.S.C. 1970, c. M-12, as amended;
"Dwelling Unit" -. means a room or suite of two or more rooms designated 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;
"Enclosure" shall mean a building or structure that:
(a) is properly ventilated;
(b) in the opinion of the local medical officer of health, does not house animals in
such a manner or in such number as to be injurious or dangerous to health;
(c) is maintained in such a manner as to prevent odours arising from it;
(d) may be readily sanitized and is kept in a clean condition;
( e) in the opinion of the local medical officer of health, does not house animals in
such a manner or in such number as to be injurious or dangerous to health;
(f) is at least forty (40) feet from any school, church, dwelling or other premises
used for human habitation or occupancy other than premises occupied
exclusively by the animal keeper or members of the keeper's immediate
family or in accordance with Zoning By-law 1999-52 as amended.
(g) is screened as far as practicable, from adjacent premises and streets by
hedges, shrubs, or other suitable screening;
"Enforcement Officer" shall mean:
(a) Municipal Law Enforcement Officer, By-Law Enforcement Officer, Police
Officer or other law enforcement officer as appointed by Council; or
(b) Person duly appointed by Council for seizing and impounding dogs running at
large in the Town of Amherstburg;
(c) Police Officer appointed pursuant to the Police Services Act, R.S.O. 1990,
c.P.15;or
(d) Agent or Inspector pursuant to the Ontario Society for the Prevention -of
Cruelty to Animals Act, R.S.O. 1990, c. 036.
"Exotic animal" means an animal not indigenous to Canada and not commonly kept as
a household pet in Canada, whether or not such animal is a "wild animal" as defined
herein;
"Extreme Weather" shall mean a cold warning, heat warning or other weather warning
alert issued by Environment Canada for weather in the Town of Amherstburg, including
and not limited to extreme cold or hot weather, snow storms, freezing rain, heaving
rainfall, hurricanes, tornadoes, and/or strong winds.
"Feed" or "feeding" means to intentionally furnish or make food available;
"Guardian" means any person who owns, keeps, possesses or harbours a dog or dogs
and "own", "owns" or "owned" have a corresponding meaning, and where the guardian
is a minor means the parent, guardian or person having custody of the minor;
"Highway" includes a common and public highway, street, avenue, parkway, driveway,
square, place, bridge, viaduct or trestle designed and intended for, or used by the
general public for the passage of vehicles;
"Keep" - means to have temporary or permanent control or possession of an animal,
and keeping has the same meaning;
"Leash" means a rope chain or other restraining device for a dog that may not exceed
1.8 metres;
"Leash free park" means a park, designated pursuant to this By-law, in which dogs are
permitted to run freely;
"Licence Plate" means the numbered plate issued by the Ministry of Transportation or
other regulatory authority if the vehicle is registered outside of the Province of Ontario,
and required to be affixed to and displayed by the Motor Vehicle;
"Lot" means a parcel of land described in a deed or other document legally capable of
conveying land or shown as a lot or block on a registered plan of subdivision, other than
a registered plan of subdivision which has been deemed not to be a registered plan of
subdivision by a By-law passed pursuant to Section 51 of the Planning Act, 1990 as
amended from time to time, or any successors thereto, and does not include a water lot
as defined herein
"Lot line" means any boundary of a lot or the vertical projection thereof.
"Manager" - means the Manager of Licensing and Enforcement for the Town, or his or
her designate;
"Microchip" means a standard identification device implanted into an animal, which
contains a unique code that permits or facilitates access to owner information, including
the name and address of an owner of the animal;
"Mitigating factor" shall mean circumstances which excuses aggressive behaviour of
a dog and, without limiting the generality of the foregoing, may include circumstances
where:
(a) the dog was, at the time of the aggressive behaviour, acting in defence
to an attack by a person or domestic animal;
(b) the dog was, at the time of the aggressive behaviour, acting in defence
of its young or to a person or domestic animal trespassing on the property
of its owner;
(c) the dog was, at the time of the aggressive behaviour, being teased,
provoked or tormented.
"Motor Vehicle" includes an automobile, motorcycle, motor-assisted bicycle unless
otherwise indicated in this by-law, and any other vehicle propelled or driven otherwise
than by muscular power, but does not include the cars of electric or steam railways, or
other motor vehicles running only upon rails, or a motorized snow vehicle traction
engine, farm tractor, self-propelled implement of husbandry or road building machine
and does not include an E-bike;
"Motor Vehicle Owner" means the person registered as the owner of a motor vehicle
with the Ontario Ministry of Transportation or any other regulatory authority if the vehicle
is registered outside the Province of the Ontario, and shall also mean and include the
owner of the Licence Plate affixed to and displayed by the Motor Vehicle;
"Multi-Residential Property" means a Property used for or permitted to be used for
multiple dwelling units and, includes hotels and motels;
"Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
"Municipal boundary" means the geographic boundary encompassing the Town of
Amherstburg;
"Municipal Pound" means a pound maintained on behalf of the Town;
"Muzzle" means a humane fastening or covering device that is of sufficient strength
and design to prevent any dog wearing it over its mouth from biting and which shall not
be able to be removed by the dog but which does not interfere with the breathing,
panting or vision of the dog;
"Normal Farm Practice" means a practice that is conducted in a manner consistent
with proper and acceptable customs and standards as established and followed by
similar agricultural operations under similar circumstances;
"Owner" means any person who keeps, possesses, harbours or has custody,
guardianship or control of an animal and, where the owner is a minor, any person
responsible for the custody of the minor shall be deemed to be the owner of the animal;
"Person" means an individual, association, firm, partnership, corporation, trust,
incorporated company, organization and includes the directors and officers of a
corporation, a corporation created under the Condominium Act, 1998, S.O. 1998, c. 19,
as amended, and the trustees, agents, heirs, executors or other legal representatives of
a person to whom the context can apply according to law;
"Police dog" means a dog trained for and actively engaged in law enforcement
activities on behalf of a police force;
"Pound" means premises that are used for the detention, maintenance or disposal of
dogs that have been impounded pursuant to a by-law of the municipality, but does not
include any premises, or part thereof, that are not used by any person or body of
persons, including the Ontario Society for the Prevention of Cruelty to Animals or any
society affiliated therewith, for the detention, maintenance or disposal of dogs so
impounded;
"Premises" means any land, building, structure, place or part thereof and, in a multiple
occupancy premises, each single occupancy shall be considered separate premises;
"Protective care" means the temporary keeping of an animal by the Animal Shelter for
the purposes of protecting its health and safety;
"Public authority" means any department or appointed agency of the Government of
Canada, Province of Ontario, County of Essex, the Town, conservation authority or
other governmental body;
"Recognized pigeon club" means a club, association or organization which, at the
discretion of the Town, has as its main purpose the exhibition or racing of pigeons;
"Research Facility" means premises on which animals are used in research and
includes premises used for collecting, assembling or maintaining of animals in
connection with a research facility, and registered under the Animals for Research Act,
R.S.O. 1980, c. 22;
"Senior rate" - means a person who is fifty-five (55) years or older and is a resident of
the Town of Amherstburg;
"Service dog" means a dog trained by a recognized organization to provide service to
the visually-impaired, hearing-impaired or to persons with other disabilities;
"Tether" means a rope, chain or any restraining device attached to an inanimate object
that prevents an animal from moving away from a localized area, the words "Tethered"
and "Tethering" have a corresponding meaning;
"Town" means The Corporation of the Town of Amherstburg;
"Town designate" means an individual that is an employee of the Town who has been
appointed pursuant to a Town By-law as a Municipal By-law Enforcement Officer and
shall include the Director;
"Trap, Neuter and Return program" means any operation where feral cats are
trapped in order to be sterilized and then returned to the outdoors;
"Unsafe weather" means weather conditions including but not limited to extreme heat
and cold, snow storms, freezing or heavy rain and strong winds;
"Valid Rabies Certificate" - means a rabies certificate issued by a licensed
veterinarian certifying the dog has been immunized and verifying that it will be current
on the date of application for a licence or renewal licence;
"Wild animal" means any animals which are not domesticated and which live outside
in their natural habitat;
"Yard" means an open, uncovered space on a lot, appurtenant to a building and
unoccupied by buildings except as specifically permitted under the Zoning By-law;
"Yard, front" means a yard extending across the full width of the lot between the front
lot line and the nearest front wall of the main building located on the lot;
"Yard, rear" means a yard extending across the full width of the lot between the rear
lot line and the nearest rear wall of the main building located on the lot;
"Zone" or "zoned" means a designated area of land use in accordance with the
Zoning By-law; "Zoning By-law" means the Town of Amherstburg Zoning By-law, as
amended.
Part 2 - EXEMPTIONS
This by-law shall not apply to;
2.1
an animal hospital, a clinic or kennel lawfully operated and supervised by a
veterinarian for the exclusive purpose of treating sick or injured animals, who
holds a licence to engage in the practice of veterinary medicine issued under the
Veterinarians Act, R.S.O. 1990, c.V. 3.
2.2
The Windsor/Essex County Humane Society, or a shelter lawfully operated by
the Ontario Society for the Prevention of Cruelty to Animals OSPCA
2.3
Municipal Dog Pound
2.4
Research facility registered under the Animals for Research Act, R.S.O. 1990
2.5
Pet Shops
2.6
Zoos, fair, exhibition, dog show or circus operated or licensed by a municipal or
other governmental authority
2.7
Service dogs, police service dogs or other specially trained dogs used for
investigative purposes while under the ownership of any police service or other
federal, provincial or municipal agency
2.8
Any person licensed or exempted as an operator of an animal supply facility in
accordance with the Animals For Research Act, as amended, or the employees
of such facility, during the course of their duties
2.9
Any person who operates an elementary school, secondary school, college,
university or provincial institution that contains a research facility exempted from
registration under the Animals for Research Act, as amended;
Part 3 - GENERAL STANDARDS OF CARE
3.1
Every owner of an animal shall ensure that such animal is kept in a humane
manner free of abuse and neglect and is provided with the necessities and
conditions to maintain and protect the animal's well-being including but not
limited to the following:
(1) adequate food and water;
(2) an environment which is maintained in a sanitary condition and not
overcrowded by other animals;
(3) appropriate enclosure for the animal which provides adequate space to move
and protection from exposure to the elements such as unsafe weather; and
(4) if required, veterinary care to prevent and relieve any distress to the animal
caused by injury, disease or otherwise.
3.2
No owner shall cause or permit their animal to remain outside during extreme
weather which may pose a risk to the animal with the exception of where such
animal is outside for a short period of time and supervised by its owner or has
access to a shelter which provides adequate protection from the elements.
3.3
No person shall cause or permit an animal to be left unattended in a vehicle in a
manner that may pose a risk to its health or safety from lack of proper ventilation,
temperature, unsafe weather or otherwise.
3.4
For the purpose of Section 3.3 an Enforcement Officer who has reasonable
grounds to believe that a dog left unattended in a motor vehicle is in imminent
physical danger may take steps to remove the dog from the vehicle and shall not
be held liable for any damage to the vehicle by so doing.
3.5
No person shall cause or permit an animal to be transported outside the
passenger compartment of a vehicle unless the animal is contained in an
enclosed trailer or cage which provides adequate ventilation, space and shelter
from the elements and is secured or fastened in a manner to protect the animal
from any sudden changes in the vehicle's movement.
3.6
Without limiting any other Section within this By-law, every owner shall ensure
that any enclosure provided for their animal is:
(1) adequately ventilated;
(2) constructed and located to permit access to light;
(3) maintained in a clean and sanitary condition and free of offensive odours;
(4) of a size to permit all animals therein to comfortably extend their bodies to
their full natural extent, stand, sit, turn around, lie down and if appropriate for
such animal perch; and
(5) kept in good repair and maintained to ensure that it does not create any
danger to the health of any animal contained therein for any reason.
Part 4 - PROHIBITED ACTIVITIES
4.1
No person shall keep or permit to be kept more than three (3) dogs in any one
dwelling unit or on any premises in a residential area unless they hold a valid
kennel licence from the Canadian Kennel Club.
4.2
No person shall, within the Town fail to prohibit a dog from running at large.
4.3
No person shall give false information when applying for a licence pursuant to
this by-law.
4.4
No person shall, within the Town, permit a dog to enter onto private property
without the consent of the property owner.
4.5
No person shall, within the Town, fail to forthwith remove and dispose of dog
excrement from any property within the Town.
4.6
Excrement - Notwithstanding section 4.6 of this by-law, persons with disabilities
are exempt from this provision.
4.7
No person shall, within the Town, forcibly retrieve a dog from an enforcement
officer or a vehicle under the enforcement officer's control.
4.8
No person shall, within the Town, have a dog under control on a leash exceeding
1.8 metre in length.
4.9
No person shall, within the Town, fail to notify the Licensing Officer forthwith
upon any change in information previously provided to the Town when licensing
the dog.
Part 5 - RESPONSIBILITY OF DOG OWNER
5.1
No owner shall permit his or her dog to bite or attack without provocation a
person or domestic animal.
5.2
No person shall tease, torment, annoy or abuse any dog; or untie, loosen or
otherwise free any dog which is not in distress unless such person has the
authorization of the owner or the lawful authority to do so
5.3
No person shall keep a dog tethered on a rope, chain, cord or similar restraining
device unless:
(1) the tether is a minimum of three metres in length and does not permit
the dog to go beyond the limit of the dog owner's property;
(2) the dog has unrestricted movement within the range of the tether;
(3) the dog is not tethered for longer than 4 hours in a 24 hour period;
(4) the dog has access to water, shade and shelter while tethered; and the
dog cannot injure itself as a result of the tethering
5.4
No person shall keep a dog tethered where a Choke Collar, a Choke Chain or a
Prong Collar forms part of the tether or a rope, chain, cord or similar restraining
device is tied directly around a dog's neck.
Part 6 - DOG AT LARGE
6.1
No owner of a Dog shall permit the Dog to run at large in the Town except in
designated off-leash areas. Dogs within a Multi-residential property must be on a
leash that does not exceed 1.8m in length and under the control of a person
capable of handling the dog(s) or on a tether securely fastened to the dwelling it
resides at and that tether shall not exceed 1.8m in length.
6.2
Every Owner of a Dog shall, while the Dog is not on the Owner's Premises,
control the Dog by means of a Leash that is held or affixed to their person or
another competent person.
6.3
A Dog shall not be deemed to be controlled by a Leash if the Leash is attached
to an inanimate or immovable object, a motor vehicle or a bicycle.
6.4
Sections 6.1 to 6.3 of this By-law shall not apply to:
- police working Dogs while they are in the course of fulfilling their duties;
or
- hunting Dogs that are under the direct supervision of a Person who is a
bona fide hunter actively engaged in hunting in accordance with the Fish
and Wildlife Conservation Act, 1997, S.O. 1997, c. 41, as amended, and
other applicable law during a permitted season to whom has been issued
such necessary licences and permits as may be required by the laws of
the Dominion of Canada, the Province of Ontario and the Town and
provided that such Person has obtained the prior consent of the Owner of
the parcel of land on which the hunting Dogs are At large, which consent
is obtained not more than one year prior to the date of the occasion on
which the Dogs are at large.
Part 7 - DANGEROUS DOG
7.1
The Enforcement Officer may designate a dog as being a dangerous dog.
7.2
Where the Enforcement Officer has designated a dog as a dangerous dog, the
Enforcement Officer shall serve notice or cause notice to be served to the dog
owner.
7.3
Notice shall be served personally or by registered mail to the owner's home
address.
7.4
Notice shall include:
(a) Description of the dog;
(b) Statement that the Enforcement Officer has deemed the dog
dangerous;
(c) Requirements that the owner must comply with and when they take
effect;
(d) Statement that the owner may appeal the decision in writing, within
fourteen (14) business days of the date of the notice.
7.5
Where the Enforcement Officer has deemed the dog as a dangerous dog, the
owner may only appeal the muzzling requirement to the Dangerous Dog
Committee of the Town of Amherstburg by filing an appeal with the Clerk within
fourteen (14) days of the date of the notice.
7.6
All appeals shall be in writing and include:
(a) Reason(s) or grounds for the appeal;
(b) Identification of the appellant and any other party;
(c) Name of the agent, representative or lawyer representing the applicant
(if applicable);
(d) Municipal address, telephone number and email address for each
person identified in clause (b) and (c).
7.7
Where an owner appeals the muzzling requirement under Section 7.5, the
Dangerous Dog Committee shall hear the appeal by way of a hearing to
determine whether the dog is dangerous and may, after the hearing confirm, or
alter the designation, or direct the owner to do anything under this By-law, as the
Dangerous Dog Committee considers proper and for such purpose as may
substitute its opinion for that of the Enforcement Officer.
7.8
Notwithstanding that an owner has appealed to the Dangerous Dog Committee
under Section 7.5, the designation in Section 7.1 and the conditions imposed
under Section 8 remain in effect until the appeal is disposed of.
7.9
The decision of the Dangerous Dog Committee is final.
7.10
No member of Dangerous Dog Committee or its staff is personally liable for
anything done by it, or him or her under the authority of this By-law.
Part 8 - RESTRICTIONS RELATING TO A DANGEROUS DOGS
8.1
Where the Enforcement Officer designates a dog as being a dangerous dog, and
serves the owner with the notice of such designation, the Enforcement Officer
may include any of the conditions set out in Section 8.1.1 through Section 8.1.12
inclusive, as deemed necessary by the Enforcement Officer:
8.1.1 to licence such dangerous dog with the Town in accordance with the
applicable by-law;
8.1.2 to keep the dangerous dog confined within the Owner's dwelling, or
in an enclosed pen of sufficient dimension and construction to provide
humane shelter for the dog while preventing it from escaping therefrom
and preventing the entry therein of unsupervised children. Such pen must
meet the satisfaction of the Enforcement Officer;
8.1.3 to keep the dangerous dog confined within the Owner's dwelling, or
confined to the owner's fenced yard of adequate construction to prevent
the dog from escaping therefrom and preventing entry therein of
unsupervised children to the satisfaction of the Enforcement Officer;
8.1.4 to keep the dangerous dog under effective control of a person at
least eighteen (18) years old;
8.1.5 to keep the dangerous dog on a leash at all times when it is not on
the owner's property;
8.1.6 to display, at the entrance to the owner's dwelling which a person
would normally approach, a warning sign that there is a dangerous dog on
the property. The sign shall be posted in such a manner that it cannot be
easily removed by passersby and it is clearly visible to a person
approaching the entrance of the owner's property. The sign shall be
subject to approval of the Enforcement Officer.
8.1.7 to securely attach a muzzle as defined in this By-law to the
dangerous dog at all times when it is off the owner's property and not in an
enclosed property;
8.1.8 to provide the Enforcement Officer with the new address and
telephone number of the owner within two (2) business days of moving the
dangerous dog;
8.1.9 to provide the Enforcement Officer with the name, address and
telephone number of the new owner within two (2) business days of selling
or giving away the dangerous dog;
8.1.1 0 to advise the Enforcement Officer forthwith if the dangerous dog
has bitten or attacked any person or animal;
8.1.11 impound the dog at the owner's expense for a maximum of ten (10)
days or until such time as the owner of the said dog has complied with all
the requirements contained in this By-law for the keep of a dangerous
dog;
8.1.12 to obtain up to date rabies vaccination and provide proof
satisfactory to the Enforcement Officer.
8.2
No person shall abandon a dangerous dog other than to a pound operated by, or
on behalf of a municipality in Ontario, or to a registered research facility or supply
facility under the Animals for Research Act.
8.3
The owner of a dog deemed dangerous, shall comply with the conditions
imposed by the Enforcement Officer within ten (10) days and provide proof
satisfactory to the Enforcement Officer.
8.4
Should the owner fail to comply with the requirements contained in this By-law
and imposed on the owner for the keeping of a dangerous dog within a ten (1 O)
day period, the Town may seize the dangerous dog until such time as the owner
complies with the requirements to the satisfaction of the Enforcement Officer.
8.5
Every owner of a dangerous dog who is unable or unwilling to meet the
requirements of this By-law shall surrender such dog into the care and control of
the Enforcement Officer.
8.6
A dog is no longer deemed Dangerous when the dog dies or the Enforcement
Officer is satisfied that it no longer resides in the Town.
8.7
No person shall interfere with, hinder or impeded an Enforcement Officer in the
performance of any duty authorized by this By-law or provincial legislation.
Part 9 - ABANDONMENT OR DISPOSAL OF AN ANIMAL
9.1
No person shall abandon or dispose of an animal within the Town of
Amherstburg unless at an approved facility.
9.2
Where a motor vehicle is used for the purpose of abandoning or disposing of an
animal in contravention of this By-law, the Motor Vehicle Owner commits an
offence contrary to subsection 9.1 of this By-law by directing, authorizing,
consenting to, acquiescing in or participating in the use of the Motor Vehicle by
the person committing the offence.
9.3
No person shall be convicted of an offence under this By-law if the person
establishes that the person exercised all due diligence to prevent the commission
of the offence; or the person proves that the animal was present on the lands and
premises with the prior, written consent of the owner or tenant of the lands and
premises.
9.4
A person who has reason to believe that an animal has been abandoned or
disposed of in contravention of the provisions of this By-law shall report the
particulars of the contravention to the By-law Enforcement Officer during regular
business hours of the Town of Amherstburg or to the local Police Service.
Part 10 - LICENSING
10.1
Every owner of a dog shall register and obtain from the Town, or its agent, a
licence for each dog that he or she owns prior to May 1st of each year and pay
the applicable fee in accordance with the Town's user fee by-law.
(a) A person claiming entitlement to a lower dog licence fee on the basis
that the dog in question has been spayed or neutered, shall produce a
Certificate to the Issuer verifying such claim.
(b) No person shall produce to the Issuer a Certificate respecting a dog
other than the dog for which the Certificate was issued
10.2
Every person upon becoming an owner and every new resident that is an owner
of a dog, shall within fifteen (15) days register and obtain a licence from the Town
or its agents a licence for each dog that he or she owns.
10.3
No owner of a newborn dog born to a dog of the owner shall be required to
obtain a licence for the said newborn until the newborn dog has attained the age
of 3 months. After which time the owner shall be required to licence and register
the said newborn dog within 15 days of that dog attaining the age of 3 months.
10.4
Every application for a licence shall be accompanied by the following:
a) A completed application on the form provided by the Town;
b) Proof of spaying or neutering of dog, as applicable.
c) The applicable licence fee as set out in schedule "A" to this by-law;
d) Any additional documents as the Town sees fit, such as proof of
vaccinations, proof of breed, and any costs incurred in obtaining such
documents shall be at the applicant's expense.
10.5
Certificate of Anti-Rabies Vaccination upon application for a licence, the owner of
the dog may be required to produce a certificate signed by a practicing
veterinarian that the dog has been inoculated with an anti-rabies vaccine within a
period of twenty-four (24) months prior to the date of application for a licence.
10.6
An owner of a personal assistance dog shall be required to obtain a licence in
accordance with this by-law but will be exempt from the licence fee.
10.7
Upon application for a licence, the owner of a pit bull dog may be required to
provide proof, satisfactory to the Town that the pit bull dog:
a) Is classified as a restricted or grandfathered pit bull in accordance with
the Dog Owners' Liability Act; and
b) Has been sterilized, or provide a veterinarian's written opinion that the
pit bull dog is physically unfit to be sterilized, in accordance with the Dog
Owners' Liability Act;
c) Has been vaccinated against rabies.
10.8
In addition to the requirements set out in section 7 of this by-law, every owner
with a dog that has been deemed a dangerous dog, shall identify and register the
dog as deemed a dangerous dog with the Town verifying the dog's status as to
their designation and shall provide proof of a current and up to date rabies
vaccination.
10.9
Every licence issued by the Town shall expire annually on the 30th day of April in
the year in respect to which it was issued.
10.10 Prior to May 1st of each year, every person who is the owner of a dog shall
register and obtain from the Town or its agents a licence for each dog that he or
she owns.
10.11 Where a licence is not purchased by May 1st of each year, a late fee shall be
applied as prescribed in accordance with the Town's user fee by-law.
10.12 The tag shall be affixed securely on the dog's collar or restraining device at all
times.
10.13 Every licence issued by the Licensing Dept. may be transferred after such
application and payment of the applicable fee upon the following occurrences:
a) Transfer in ownership of a dog during any licensing year;
b) Replacement of dog upon death of a licensed dog;
c) Transfer of current year valid dog licence from any municipality resided
in before moving to the Town.
10.14 Where a licence is not purchased within thirty (30) days of acquiring a dog, a late
payment penalty shall be applied in accordance with the Town's user fee by-law.
10.15 Where a tag has been lost, an application shall be made to the Licensing Officer
for a replacement dog tag together with the applicable fee as prescribed in
accordance with the Town's user fee by-law.
10.16 The application for a replacement dog tag shall be accompanied by proof that the
current year's licence fee has been paid and the applicable replacement tag fee.
10.17 No person shall be entitled to a licence rebate under this by-law.
10.18 The onus of proving a person has a valid dog tag licence is on the person
alleging the licence.
Part 11 - RESTRICTED PIT BULL DOGS
11.1
No person shall own a pit bull dog that is not deemed to be a restricted or
grandfathered pit bull dog, in accordance with the Dog Owners' Liability Act.
11.2
The owner of a restricted or grandfathered pit bull dog shall comply with the
provisions as set out within the Dog Owners Liability Act.
11.3
A pit bull that is not recognized by the Town as a restricted or grandfathered pit
bull, or a restricted pit bull that is not in compliance with the provisions set out in
the Dog Owners' Liability Act shall be subject to seizure by the enforcement
officer.
11.4 The onus of proof that a dog is not a pit bull, or that the dog is a restricted or
grandfathered pit bull dog, lies with the owner of the dog. Proof deemed to be
acceptable may include: certified registration papers, veterinary medical records,
from a veterinarian who are a registered member of the College of Veterinarians
of Ontario, or a signed statement by a veterinarian.
Part 12 - FEES
12.1
Licence fees shall be set and approved by Council from time to time and are
listed in Schedule "A" to this by-law in accordance with the Town's user fee by-
law.
12.2
Notwithstanding any requirements contained herein, personal assistance dogs
shall be required to be licensed but the owner is exempt from the payment of all
licence fees pursuant to this by-law.
12.3
Where a dog is claimed from the pound keeper, the owner shall provide proof of
ownership of the dog, as well as proof of a current dog licence issued by the
Town.
Part 13 - IMPOUNDMENT
13.1
The Animal Control Officer and By-law Enforcement Officer may, and any Police
Officer may, seize any dog found running at large as defined in this by-law.
13.2
Every dog seized by a Police Officer or By-law Enforcement Officer shall
forthwith be delivered to the municipal pound.
13.3
The Animal Control Officer may impound or cause to be impounded any dog
seized by him or her delivered to him or her by a Police Officer or By-law
Enforcement Officer.
13.4 A By-law Enforcement Officer or person designated by Council shall be permitted
to enter onto land at any time for the purpose of enforcing this by-law and any
orders or conditions imposed under the authority of this by-law.
13.5 An Animal Control Officer shall be permitted to enter onto land at any time for the
purpose of seizing a dog running at large.
13.6 A person exercising a power of entry on behalf of the Town under this by-law
must, upon request, display or produce proper identification.
13.7 The owner or keeper of an animal impounded for running at large shall be
entitled to redeem such animal within 72 hours from the time of impoundment,
exclusive of the day of impoundment, statutory holidays, and days during which
the pound is otherwise closed, upon paying any fines and expenses according to
law.
13.8
The owner of a dog that has been impounded shall, upon application to the
pound keeper, claim the dog before the pound keeper is entitled to dispose of the
dog.
13.9
Where a dog that is impounded is not claimed by the owner within the
redemption period, the pound keeper may retain the dog for such further time as
he may consider proper and during that time the pound keeper may:
a) sell the dog for such price as he may consider proper;
b) euthanize the dog;
c) dispose of the dog as he sees fit.
13.1 0 Where a dog that is captured or taken into custody is injured or in the opinion of
the pound keeper, should be destroyed without delay for humane reasons or for
reasons of safety to persons or animals, the trained person appointed by the
pound keeper, may euthanize the dog in a humane manner as soon after capture
or taking into custody as he may determine, and may do so without permitting
any person to reclaim the dog or without offering it for sale.
13.11 No compensation, damages, fees or any other sum of money on account of or by
reason of the impounding, euthanizing or other disposal of the impounded dog in
the course of the administration and enforcement of this by-law shall be:
a) recovered by any owner or other person; or
b) paid by the Pound keeper or the Town of Amherstburg
Part 14 - CATS
14.1
No owner shall keep or permit to be kept in excess of 4 cats on a lot.
14.2
For the purposes of Section 15.1, a cat shall not count towards the total
permitted number if kept in accordance with the following:
(a) within a pet store;
(b) temporarily kept by a rescue organization, recognized by the Town, for
the purposes of being fostered and subsequently adopted or in connection
with a Trap, Neuter and Return program; or
(c) on a lot within an agricultural or rural zone for the purposes of providing
outdoor pest control to support an active agricultural operation.
14.3 No owner shall cause or permit their cats to create an adverse impact to any
adjacent or nearby lot as a result of odour, noise, roaming of cats or otherwise.
PART 15 - KEEPING OF ANIMALS
15.1
No person shall possess, keep, sell, make available for sale, or harbour any
prohibited animal saving and excepting where permitted by Zoning By law 1999-
52.
15.2
Any wild animal unless such animal is under releasable age and cannot fend for
itself, or is injured and unable to fend for itself and the facilities for keeping the
animal must be such that there is no danger to people and to other animals.
When any wild animal being kept for the aforementioned reasons, becomes able
to fend for itself, it must then be released back into the wild or to the care of an
animal shelter operated by the Essex County Humane Society or Erie Wildlife
Rescue Inc.
15.3
Any person who owns an animal shall:
(1) treat it in a humane manner;
(2) keep it so that,
(a) offensive odours and the transfer of disease are minimized
(b) a female animal in heat does not attract other animals,
(c) there is a suitable exercise area for each animal, and
(d) the animal cannot readily escape;
(3) provide the necessary food, water, housing and attention as required to keep
the animal in good health and free from harm; and
(4) remove forthwith any excrement of the said animal and dispose of it in a
sanitary manner.
(a) Any person who owns an animal that is customarily kept outside shall
at all times:
(i) Provide it with protection from the elements including harmful
temperatures;
(ii) Provide a structurally sound, weatherproof, insulated shelter, of
a size and design having regard for the animal's weight of type of
coat;
(iii) Provide an enclosure which has sufficient space to allow the
animal the ability to turn around freely and to easily sit, stand and
lie in a fully extended position.
15.4
No person shall keep, or cause to be kept, at or in any premises,
(1) more than two (2) of each kind of animal not otherwise prohibited by this by-
law with the exception of cats in accordance with Section 14.1 and dogs in
accordance with Section 4.1
15.5
The number of animals stated in section 4.1, 14.1 & 15.4 are the maximum
numbers that are permissible for any premises, regardless of the number of
persons occupying the premises.
15.6
No person who owns any animal shall permit such animal to be at large within
the Town of Amherstburg.
(2) For the purpose of this section, an animal is deemed to be at large when:
(a) found on a highway or other public property, or on private property
other than the premises upon which it is habitually kept, and
(b) not under the control of any person
15.7
Section 15.6 shall not apply to cats.
15.8
No person within the town shall own/posses/harbour an animal listed in Schedule
"B" unless the animal is otherwise permitted under this by-law.
15.9
Any domestic fowl unless permitted under Zoning By-law 1999-52 for the Town
of Amherstburg, as amended.
Part 16 - FEEDING OF WILDLIFE
16.1
No person shall intentionally feed a Wild Animal or leave food or Attractants of
any type or in any form out of doors in such a manner as to attract, or be
accessible by a Wild Animal, feral or stray domestic Animal on private or public
property.
16.2
Section 16.1 does not apply to the feeding of songbirds on a property, provided
the following feeding requirements are met by the resident:
(a) seed is placed in a bird feeding device that is sufficiently above grade
as to not attract or be accessible by Wild Animals;
(b) bird feeding practices do not attract large flock of homing birds such as
wild, feral or domestic Pigeons; and
(c) spillage of seed upon the ground is removed by the property Owner or
resident forthwith and disposed of in such a manner that it does not attract
ild Animals, feral or stray domestic animals.
16.3
Section 16.1 does not apply in the following situations:
(a) the leaving of food as bait in a trap by a property Owner or resident to
capture a sick or injured Animal inhabiting or habituating their property
pursuant to this By-law;
(b) the leaving of food as bait by a licensed trapper, an employee of a
Wildlife or pest control agency licensed by the province, a Municipal Law
Enforcement Officer, or Windsor Police Officer, or other Government
Entity in the performance of their duties;
(c) the leaving of food for a colony of Stray or feral Cats for the purpose of
trap, neuter or spay, and manage program approved by the Director.
Part 17 - NOISE
17.1
No owner shall permit persistent barking, calling, whining or other noise making
by his or her dog that is clearly audible at a point of reception located in the
Town.
Part18-ENFORCEMENT
18.1
Every person who contravenes any section of the by-law is, upon conviction,
guilty of an offence and shall be liable to a fine as provided for by the Provincial
Offences Act, R.S.O. 1990, c.P. 33, as amended, and be subjected to any other
penalties permitted by law for each offence. Each day such violation continues,
shall constitute a separate offence and may be punishable as such.
18.2
In the case of an offence that is of a continuing nature, a contravention
constitutes a separate offence in respect of each day, or part of a day, on which
the offence continues and any person guilty of such an offence is liable to a fine
in an amount of not less than that established by this by-law for each such day.
18.3
If there is a conflict between a provision of the Dog Owners' Liability Act or of a
regulation under that Act, or any other Act relating to pit bulls, or another by-law
relating to pit bulls, and a 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
prevail.
18.4 This By-law maybe enforced by the Chief of Police, by a Provincial Offences
Officer, by an Animal Control Officer or by a Pound Keeper.
Part 19 - PENAL TY
19.1
Any person who contravenes any provisions of this by-law is guilty of an offence
and is liable, upon conviction, to the maximum penalty as prescribed by the
Provincial Offences Act, R.S.O., 1990, c.P. 33, as amended, and all such
penalties and costs may be recovered under the Provincial Offences Act.
Part 20 - SEVERABILITY
20.1
Where a court of competent jurisdiction declares any section or part of a section
of this By-law invalid, the remainder of the By-law shall continue in force unless
the court makes an order to the contrary.
Part 18-ENFORCEMENT
20.2
When any requirement of this By-law is at a variance with other By-law in effect
in the Town or with provincial or federal statute or regulation, the more restrictive
requirement shall apply unless otherwise stated in the legislation.
20.3
If there is a conflict between provisions of the Dog Owner's Liability Act, R.S.O.
1990, C.D. 16 or a regulation under that Act, or any other Act relating to
dangerous dogs, and a provision of this By-law relating to dangerous dogs, the
provision that is most restriction in relation to the control of dangerous dogs
prevails.
Part 21 - REPEAL OF BY-LAWS
21.1
That By-law's 2005-24, 2005-69, 2009-57, 2015-123 and 2011-77 be repealed.
21.2
This by-law shall come into force and take effect on the day of final passing
thereof.
First reading - February 28, 2022
Second reading - February 28, 2022
Third reading - February 28, 2022
~ I '/
,;.. U"IL uz.... ~
Mayor
Aldo DiCarlo, Mayor
Valerie Critchley, Clerk
SCHEDULE "A" TO BY-LAW 2022-008 FEES AND PENAL TIES in
accordance with the Town's User Fee By-Law
PURCHASED:
January 1 to April 30
After April 30
Spayed or Neutered
$16.00
$26.00
Seniors rate (55+)
$11.00
$21.00
Not Spayed or Neutered
$26.00
$36.00
Seniors rate (55+)
$21.00
$31.00
Personal Assistance
$0
$0
Dogs (Proof required)
Spayed or Neutered from January 1 to April 30, the fee is $16.00, after April 30 the fee is $26.00.
Spayed or neutered Seniors rate (55+) from January 1 to April 30 is $11.00, the fee after April 30 is $21.00.
Not spayed or neutered from January 1 to April 30 is $26.00, the fee after April 30 is $36.00.
Not spayed or neutered Senior's rate (55+) from January 1 to April 30 the fee is $21.00, after April 30 the fee is $31.00.
Personal Assistance dogs (proof required) is $0 all year.
SCHEDULE "B" to BY-LAW NO. 2022-008
PROHIBITED ANIMAL COMMON NAME/EXAMPLES*
All venomous Arachnida
All venomous Scorpiones
All Artiodactyl Ungulates (except domestic
goats, sheep, pig, cattle)
All Canidae (other than common dog)
All Chiropterae
All felids (other than common cat)
All Herpestidae
All Hyaenidae
All insectivore (except hedgehog)
All Marsupialia
t
All Mephitidae
Tarantulas
Scorpion
Camel, antelope, llamas, giraffes,
hippopotamus
Wolf, jackal, coyote or hybrids thereof
Bat
Alligator, crocodile
Anteater, armadillo, sloth
Leopard, lion, tiger, lynx, panther, puma,
cheetah, jaguar, bobcat, ocelot, or hybrids
thereof
Mongoose
Hyena
Shrews, moles
Bandicoot, kangaroo, opossum, wombat,
koala, Tasmanian devil
Skunk
Marten, polecat, weasel, otters, badgers,
mink, fisher, wolverine
Tapir, zebra, rhinoceroses
Seal, walrus, sea lions
Ape, lemur, monkey, gorilla
Prohibited Animal
Common Name/Examples*
All venomous Arachnida
Tarantulas
All venomous Scorpiones
Scorpion
All Artiodactyl Ungulates (except domestic goats, sheep,
pig, cattle)
Camel, antelope, llamas, giraffes, hippopotamus
All Canidae (other than common dog)
Wolf, jackal, coyote or hybrids thereof
All Chiropterae
Bat
All Crocodilia
Alligator, crocodile
All Edenates
Anteater, armadillo, sloth
All felids (other than common cat)
Leopard, lion, tiger, lynx, panther, puma, cheetah, jaguar,
bobcat, ocelot, or hybrids thereof
All Herpestidae
Mongoose
All Hyaenidae
Hyena
All insectivore (except hedgehog)
Shrews, moles
All Marsupialia
Bandicoot, kangaroo, opossum, wombat, koala, Tasmanian
devil
All Mephitidae
Skunk
All Mustelidae (except domestic ferrets)
Marten, polecat, weasel, otters, badgers, mink, fisher,
wolverine
All Perissodactyl ungulates (except domestic horse, donkey,
mule, jackass)
Tapir, zebra, rhinoceroses
All Pinnipediae
Seal, walrus, sea lions
All non-human Primates
Ape, lemur, monkey, gorilla
, All Proooscidea
All Procyonidae
~AURaptors (except falcons for the purpose of
\ ,. ·
falconry)
(, --
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All Ratites
;:. ..
~:·.·;-';
All Ursidae
;i
All Venomous Reptilia
t AII Serpentes of the families Pythonidae and
,.-:,'.,
;;·
· Biodae
;:--.:,
·'
All Viverridae
Elephant
Coati, raccoon, ringtails
Eagle, hawk, owl, vulture, falcons
Cassowary, ostrich, emus, rheas
Bear
Venomous snakes, lizard
Pythons,boas,anaconda
Civet
Note: The common names referred to in the right hand column are some of the names
of animals included in the classes of animals referred to in the left hand column
of this schedule. The common names are provided for information purposes only
and are not intended to limit the extent of the classes of animals referred to.
** Note: Permissible animals include domestic ferrets, gerbils, domestic guinea pigs,
hamsters, mice, rats, degu, chinchilla, gerboa, mini pigs, hedgehogs, rabbits.
Prohibited Animals
Common names/examples*
All Proboscidea
Elephant
All Procyonidae
Coati, raccoon, ringtails
All Raptors (except falcons for the purpose of falconry)Eagle, hawk, owl, vulture, falcons
All Ratites
Cassowary, ostrich, emus, rheas
All Ursidae
Bear
All Venomous Reptilia
Venomous snakes, lizard
All Serpentes of the families Pythonidae and Biodae Pythons,boas,anaconda
All Viverridae
Civet
All venomous and poisonous animals