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THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW No. 2016-77
Being a by-law to regulate the restraining and muzzling of
a biting dog or potentially dangerous dog under any circumstances that is
deemed a health or safety issue of the inhabitants of the municipality
WHEREAS the Municipal Act, S.O. 2001, C.25 Section 11 authorizes a lower tier
municipality the authority to pass by-law respecting matters within the following
spheres of jurisdiction, subsection (9) animals;
AND WHEREAS subsection 105(1) of the Municipal Act provides that if a
municipality requires the muzzling of a dog under any circumstances, the council
of the municipality shall, upon the request of the owner of the dog, hold a hearing
to determine whether or not to exempt the owner in whole or in part from the
requirement;
AND WHEREAS subsection 105(2) of the Municipal Act further provides that an
exemption may be granted subject to such conditions as Council considers
appropriate;
AND WHEREAS the Council of the Township of Asphodel-Norwood deems it
desirable to pass such a by-law;
Section 1 - Definitions:
1.
In this by-law:
(a)
Bite - means the breaking, puncturing or bruising of the skin of a
person or a domestic animal caused by the tooth or teeth of a dog
and "bitten" has a corresponding meaning;
(b)
Biting Dog - means a dog that, in the absence of a mitigating
factor, has attacked, bitten, or caused physical injury to a person or
a domestic animal, or a dog that has been declared vicious or a
biting dog in another municipality in Ontario;
(c)
Council - means the elected municipal council for the Township of
Asphodel-Norwood;
( d)
Dog - means a male or female dog whether neutered or spayed
that is over 12 weeks of age;
(e)
Dog Control Officer - includes any person employed or contracted
by the Township of Asphodel-Norwood to enforce the provisions of
this By-law;
(f)
Kennel - shall mean any building, structure, dog run or other facility
of part thereof, where:
a)
dogs are kept for breeding or show purposes, or
b)
dogs are kept solely for the purpose of routinely entering into
dog sled or other similar races; or
c)
hunting dogs are kept for hunting purposes;
(g)
Leash - shall mean a strap, cord or chain which is fastened to the
dog or to the collar of the dog;
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THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW No. 2016-77
(h)
Microchip - means an approved Canadian standard encoded
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 the owner of the animal;
(i)
Mitigating factor -
means a circumstance that may excuse
aggressive behavior 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 behavior, acting in
defence of an attack by a person or aggressive animal; or
b)
the dog was, at the time of the aggressive behavior, acting in
defence of its young or reacting to a person or domestic
animal trespassing without permission on the property of its
owner;
c)
the dog was, at the time of the aggressive behavior, being
teased, provoked or tormented;
(j)
Muzzle - means a humane fastening or covering device of
adequate strength and design and suitable to the breed of the dog,
that fits over the mouth of the dog and cannot be removed by the
dog, so as to prevent the dog from biting;
(k)
Owner - means any person who owns, possesses or harbours a
dog and, where the owner is a minor, the person responsible for the
custody of the dog;
(I)
Owner's property - means the property owned or occupied by the
owner of a dog, and where the owner has exclusive possession of
part of a building or property, that portion of the property of which
the owner has exclusive possession;
(m)
Police work dog - means a dog trained for and actually engaged in
law enforcement for the police or other person duly appointed as a
peace officer;
(n)
Potentially Dangerous dog - means a dog that, in the absence of
a mitigating factor, approaches or chases any person or domestic
animal anywhere other than on the property of its owner, in a
menacing fashion or apparent attitude of attack, including but not
limited to aggressive behavior such as growling or snarling, or a
dog that has otherwise demonstrated a propensity or disposition to
attack without provocation persons or domestic animals;
(o)
Purebred - means the dog whose sire and dam represent the
same breed and are themselves of unmixed descent:
a)
registered or eligible for registration in the register of the
Canadian Kennel Club Incorporated; or
b)
recognized as such pursuant to the Animal Pedigree Act
(Canada);
(p)
Running at large - a dog shall be deemed to be running at large
when found in a place other than the premises of the owner of the
dog and not under the control of any person when it is not held on a
restraint by means of a leash fastened to the dog;
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THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW No. 2016-77
( q)
Service dog - means a dog trained and actively used to assist a
person who is disabled;
(r)
Township Clerk -
means the person within the Township's
administration who fulfills the function of the Clerk as required by
the Municipal Act, 2001 or his or her designate
(s)
Township Property - shall mean all property owned, leased or
under the control of the Township of Asphodel-Norwood, and
without limitation, this term shall include all, open space, opened or
unopened road allowance, sidewalks, footpaths or bicycle trails;
(t)
Treasurer - shall mean the Treasurer of the Township of Asphodel-
Norwood.
Section 2 - Biting Dogs
2 (1) Where a Dog Control Officer has reason to believe that a dog is a Biting
Dog, the Dog Control Officer may issue and serve, upon the owner, an
Animal Control Order declaring the dog to be a Biting Dog.
2 (2) An Animal Control Order declaring a dog to be a Biting Dog shall set out
such measures as are required by the Owner to take in respect of such
dog, which shall include the following requirements:
(a)
The Owner shall, when the Biting Dog is not securely inside
the Owner's dwelling but is otherwise on the Owner's
property, at all times keep the dog securely restrained in one
of the following manners so as to prevent the Biting Dog from
escaping and to prevent the Biting Dog from biting or causing
injury to any person or domestic animal entering onto the
Owner's property:
i.
The Biting Dog shall be located within a securely
fenced yard where the fence is of sufficient dimension
and design to prevent the dog from escaping from the
yard, and any gate in such fenced yard shall be locked
at all times when the Biting Dog is in the fenced yard; or
ii.
The Biting Dog shall be located within a fully enclosed
pen or run of sufficient dimension, design and strength
to be humane and to prevent the Biting Dog from
digging its way out of or otherwise escaping from the
enclosed pen or run; or
iii.
The Biting Dog shall be muzzled so as to prevent it
from biting a person or domestic animal and securely
restrained by means of a leash or chain to prevent the
Biting Dog from escaping from the yard; and
iv.
The Biting Dog shall not be kept in the front yard of any
property.
(b)
The Owner shall securely attach a muzzle to the Biting Dog
at all times when the Biting Dog is in any place other than
the Owner's property.
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THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW No. 2016-77
(c)
The Owner shall keep the Biting Dog under the physical
control of a person eighteen (18) years of age or older by
means of a non-retractable leash with a maximum length of
two (2) meters held by the said person at all times when the
Biting Dog is in any place other than the Owner's property.
( d)
The Owner shall provide to the Dog Control Officer a copy of
a current municipal dog tag receipt within forty-eight (48)
hours of receiving the Animal Control Order.
(e)
The Owner shall provide to the Dog Control Officer a copy of
all immunization records of the Biting Dog within forty-eight
(48) hours of receiving the Animal Control Order.
(f)
The Owner shall notify the Dog Control Officer within forty-
eight (48) hours of any changes to the residency or
ownership of the Biting Dog.
(g)
The Owner shall notify the Dog Control Officer within forty-
eight (48) hours of the death of the Biting Dog.
2 (3) Where a Dog Control Officer has reason to believe that a dog is a
potentially dangerous dog, the Dog Control Officer may issue and serve
upon the owner an Animal Control Order declaring the dog to be a
potentially dangerous dog.
2 (4) An Animal Control Order declaring a dog to be a potentially dangerous
dog shall set out such measures as are required by the Owner of the
potentially dangerous dog to take in respect of such dog, which may
include all or some of the requirements set out in subsection 2 (2).
2 (5) An Animal Control Order may be served on the Owner personally by
handing it to the Owner, but where the Animal Control Order cannot be
given or served by reason of the Owner's absence from the Owner's
property or by reason of evasion of service, the Animal Control Order may
be given or served:
(a) by handing it to an adult person on the Owner's property; or
(b) by sending it by prepaid registered mail to the Owner to the
last known address of the person to whom the order is to be
given.
2 (6)
An Owner of a dog may appeal an Animal Control Order, provided
the appeal is made in writing and delivered to the Township Clerk
within thirty (30) days after the Animal Control Order has been
served.
2 (7)
An Animal Control Order takes effect when it is served on the
person to whom it is directed, and remains fully in effect unless it
has been varied by the Clerk.
2 (8)
An appeal of an Animal Control Order by the Owner of a dog under
this By-law does not act as a stay of any requirement imposed.
2 (9)
Upon receipt of an appeal of an Animal Control Order pursuant to
the provisions of this By-law, the Township Clerk within ten (10)
days may:
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2 (10)
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THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW No. 2016-77
(a)
confirm, vary or reverse the declaration in an Animal Control
Order that the subject dog is a Biting Dog or a Potentially
Dangerous dog, as the case may be; or
(b)
confirm or vary any of the requirements of an Animal Control
Order as the Clerk considers appropriate; or
(c)
exempt the Owner of the dog in whole or in part from any of
the requirements of an Animal Control Order, subject to such
terms and conditions as the Clerk considers appropriate; or
(d)
impose conditions which, if fulfilled to the satisfaction of the
Clerk, will permit the Clerk in its sole discretion to vary or
exempt the owner from some or all of the terms or
restrictions in the Animal Control Order; or
(e)
combine any confirmation, variance, condition, or exemption
of any of the requirements in an Animal Control Order as the
Clerk considers appropriate.
Any notice or document that has been served pursuant to the
provisions of this By-law by prepaid registered mail shall be
deemed to have been received by the person to whom it is
addressed on the fifth (51h) day after the day it is mailed.
No person shall:
(a)
fail to comply with an Animal Control Order;
(b)
fail to restrain a dog that is required to be restrained
pursuant to an Animal Control Order;
(c)
fail to muzzle a dog that is required to be muzzled pursuant
to an Animal Control Order;
(d)
fail to leash a dog that is required to be leashed pursuant to
an Animal Control Order;
(e)
permit his or her dog to attack or bite any person or domestic
animal.
Section 3 - Exemptions
This By-law does not apply to:
(a)
a police work dog actually engaged in law enforcement or
other law enforcement agency;
Section 4 - Offence
i.
Every person who contravenes any provisions of this By-law,
is guilty of an offence and shall, upon conviction thereof,
forfeit and pay a penalty of not more than five thousand
dollars ($5,000.00), exclusive of costs and every such fine is
recoverable under the Provincial Offences Act.
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THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW No. 2016-77
Section 5 - Severability of Provisions
1.
If any section of this By-law, or parts thereof may be found
by a court of law to be illegal or beyond the power of the
Council to enact, such section or sections or parts thereof
shall be deemed to be severable and all other sections or
parts to this By-law shall be deemed to be separate and
independent there from and to be enacted as such.
Section 6 - Effective Date
This By-law comes into force and effect on its day of passing.
Read a first, second and third time and finally passed this 23rd day of August,
2016.
Mayor Terrence J. Low
Clerk Candice White
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..
Owner:
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW No. 2016-77
The Township of Asphodel-Norwood
Animal Control Order:
Pursuant to By-law No. 2016 - 77
(Name)
(Address)
(Phone Number)
Description of Dog:
Name: __________________ _
Sex _____ _
Breed: __________________ _
Age _____ _
Colour: __________________ _
______________ , Animal Control Officer for the Township
of Asphodel-Norwood believe that on or about the __ day of _____ , 20
a ______________ dog, belonging to ________ _
(breed of dog)
(Owner's name)
did bite or attack a person or a domestic animal and hereby declare the dog as a
biting dog.
You are hereby ordered to immediately muzzle and restrain your dog as required in
the attached "Method of Restraining Dog" which forms part of this Order.
The owner may appeal this Order by making an appeal, in writing, to the Township Clerk
within thirty (30) days of the owner receiving this notice. A notice that is not appealed
within thirty (30) days is deemed to be confirmed.
Pursuant to the Dog Owner's Liability Act, R.S.O. 1990, c. D.16, as amended, the owner
of a dog is liable for damages resulting from a bite or attack by a dog on a person or
domestic animal.
Note: Failure to comply with the requirements of By-law No. 2016-_
and this Order
may result in the owner of the dog being subject to a fine not exceeding $5,000.00.
Dated this __ day of ________ , 20 __ .
Animal Control Officer I Provincial Offences Officer
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THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW No. 2016-77
The Township of Asphodel-Norwood Animal Control Order
Pursuant to By-law No. 2016 - 77
Method of Restraining Dog
D
The owner shall, when the dog is not securely inside the owner's dwelling
but is otherwise on the owner's property, at all times keep the dog
securely restrained in one of the following manners so as to prevent the
dog from escaping and to prevent the dog from biting or causing injury to
any person or domestic animal entering onto the owner's property:
The dog shall be located within a securely fenced yard where the fence
is of sufficient dimension and design to prevent the dog from escaping
from the yard, and any gate in such fenced yard shall be locked at all
times when the dog is in the fenced yard; or
The dog shall be located within a fully enclosed pen or run of sufficient
dimension, design and strength to be humane and to prevent the dog
from digging its way out or otherwise escaping from the enclosed pen or
run; or The dog shall be muzzled so as to prevent it from biting a person
or domestic animal and securely restrained by means of a leash or chain
to prevent the dog from escaping from the yard; and
The dog shall not be kept in the front yard of the owner's property when
the property is zoned residential.
D
The owner shall securely attach a muzzle to the dog at all times when the
dog is in any place other than the owner's property.
D
The owner shall keep the dog under the physical control of a person
eighteen (18) years of age or older by means of a non-retractable leash
with a maximum length of two (2) meters held by the said person at all
times when the dog is in any place other than the owner's property.
D
The owner shall provide to the Dog Control Officer a copy of a current
municipal dog tag receipt within forty-eight (48) hours of receiving the
Animal Control Order.
D
The owner shall provide to the Dog Control Officer a copy of all
immunization records of the dog within forty-eight (48) hours of receiving
the Animal Control Order.
D
The owner shall notify the Dog Control Officer within forty-eight (48) hours
of any changes to the residency or ownership of the dog.
D
The owner shall notify the Dog Control Officer within forty-eight (48) hours
of the death of the dog.
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