Canine Control By-law No. 85-2022, office consolidation
Bancroft, Ontario
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THE CORPORATION OF THE TOWN OF BANCROFT
BY-LAW NO. 85-2022
OFFICE CONSOLIDATION
This is a consolidation of the Town's By-law to implement a Canine Control By-Law in
the Town of Bancroft, being By-law 85-2022, as amended by the below listed by-laws
and is prepared for reference and information purposes only. The following
consolidation is an electronic reproduction made available for information only. It is not
an official version of By-law 85-2022. Official versions of all by-laws can be obtained
from the Town of Bancroft by calling 613-332-3331. If there are any discrepancies
between this consolidation and By-law 85-2022 and listed amending by-laws the official
by-laws shall prevail.
By-law passed by Council
BEING A BY-LAW TO REGULATE THE KEEPING AND CONTROL OF DOGS
WITHIN THE CORPORATION OF THE TOWN OF BANCROFT
WHEREAS Council deems it advisable to provide for the keeping, regulating and control
of dogs and to provide for the removal of dog excrement on public or private property
within the Town of Bancroft;
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 municipality;
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 Municipal Act, 2001 is guilty
of an offence;
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 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 whether or not the following are being complied with: a By-law of the
municipality passed under the Act, a direction or order for the municipality made under
this Act or made under a By-law of the municipality passed under this Act and a condition
of a license issued under a By-law of the municipality passed under this Act;
NOW THEREFORE the Council of the Corporation of the Town of Bancroft hereby
enacts as follows:
1.0
SHORT TITLE
1.1
The short title of this bylaw is the "Canine Control By-law".
2.0
DEFINITIONS:
In this By-law:
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 as a result 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, regardless of circumstance;
b) Has bitten or injured 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
2.4
Dog: means a male or female domesticated canine, service dog, and over the age
of 4 months.
2.5
Committee: means a committee established by Council.
2.6
Council: means the Council of The Corporation of The Town of Bancroft
2.7
Excessive: means the continuous barking or howling of a dog, but does not mean
the barking or howling of a dog when a person provokes the animal or enters onto
the property;
2.8
Harbour: shall mean owning, having care, custody or control of a dog;
2.9
Herding Dog: shall mean a dog that has been trained and is actively being used in
a bona fide farming operation for the purposes of controlling livestock on the farm.
2.10
Kennel: shall mean building or structure where more than 3 dogs are kept, bred
or boarded, and the said kennel must be lawfully operated in accordance with the
Municipality's Zoning By-law.
2.11
Leash: means a 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.
2.12
Livestock Guardian Dog: means a dog that works and/or lives with domestic farm
animals (e.g., cattle, sheep, poultry) to protect them while repelling predators and
issued exclusively for that purpose.
2.13
Muzzle: shall mean 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 a dog
and cannot be removed by the dog, to prevent a dog from biting or attacking a
person or domestic animal.
2.14
Muzzle Order: means a Muzzle Order issued by the Municipality.
2.15
Officer: means a person appointed by Council as a Municipal By-law Enforcement
Officer, or a Police Officer, or other individual duly appointed to enforce this By-
law.
2.16
Owner: means and includes any person who possesses or harbors a dog within
the Municipality. Where the owner is a minor, the person responsible for the
custody of the minor is deemed to be the owner of the dog.
2.17
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 municipality
or the Dog Owners' Liability Act.
2.18
Running at Large: means the running at large of a dog when it is found on a
highway, public space, or any other property, other than the property where it is
usually kept, and not under the control of any person.
2.19
Service Dog: means a dog that is trained as a guide for a person with a disability
or that is receiving training to be such a guide, and that has the qualifications
prescribed by the regulations made under the Ontario Service Dog Act, 2016.
2.20
Without Provocation: means in the absence of teasing, tormenting, abusing or
assaulting actions upon the dog or its owner, either in the past or in the present,
by the person or domestic animal which has been bitten by the dog.
3.0
LICENSING REQUIREMENTS
(a) Every owner of a dog shall register on or before the first day of April in each
year each dog owned, possessed or harbored by him in the Town of Bancroft
with the Clerk of the Municipality and at the time pay to such Clerk the license
fee prescribed in Schedule A to this by-law and the Clerk shall issue to such
owner a receipt acknowledging registration of the dog and payment of the fee.
(b) Every person who becomes the owner of a dog on or after the first day of April
in each year shall register the same and pay the license fee therefore as
provided in Schedule A within fifteen days after acquiring or otherwise
becoming the owner or in possession or commencing to harbor the same.
(c) A tag shall be supplied by the Clerk or Canine Control Officer or the Pound
keeper for each dog with the respect to which a license is issued hereunder,
and the owner shall keep the tag securely fixed on the dog at all times during
the year and until he procures a tag for the following year.
i. The said tag shall bear a serial number and the year for which it was
issued and a record shall be kept by the Clerk for the purpose of showing
the name and address of the owner and the serial number of the tag.
ii. No person shall put upon or fix to a dog a tag unless the same is issued
for use upon such dog.
4.0
GENERAL PROHIBITIONS
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
Municipality, excluding that of the owner's property.
4.2
No owner shall allow a dog to excessively howl or bark or otherwise become a
nuisance.
4.3
Every owner shall upon leaving their property, ensure the dog is properly
restrained 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, 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
If an Officer is unable to seize any dog found to be running at large, and the owner
of such a dog is known, the owner is guilty of an offence and shall be subject to a
penalty in accordance with the provisions of this By-law.
4.6
Where a dog is impounded, the owner, shall be liable for designated impound fees
and/or veterinary fees as prescribed. All fees shall be paid prior to the release of
the dog to the owner.
4.7
Any dog, or dogs, which are not released to the owner as set out above, may be
sold or otherwise disposed of.
4.8
No owner shall allow a dog to trespass on private property, even when on leash.
4.9
No owner shall have a dog on public property unless the dog is leashed and under
control.
4.10
No owner shall permit a dog to be within a municipally owned or operated facility
or building used by the public at any time with exception of a Service Dog, unless
during an event where dogs have been approved or where Council has deemed
permitted.
4.11
Every person being the owner of a Kennel within the Town of Bancroft shall pay
an annual fee of $25.00 on or before the 1st day of January in each and every
year, or within 30 days of establishing such Kennel.
5.0
DANGEROUS DOG / MUZZLE ORDER
5.1
An Officer may declare a dog a Dangerous Dog:
5.1.1 Upon receipt of a signed Declaration Regarding a Dangerous Dog in
the form attached hereto as Schedule "A", attested to by a witness
who actually saw the dog commit an action consistent with that of a
Dangerous Dog. The Declaration must identify the dog, the owner
and owner's address; or
5.1.2 Upon receipt by the Municipality of a signed Declaration attested to
by the Director or Administrator/Clerk of another municipality where
the dog has been declared dangerous.
5.2
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:
5.2.1 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;
5.2.2 When the dog is off the property of the owner, the dog shall be
restrained by means of a securely attached muzzle, a leash 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;
5.2.3 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;
5.2.4 Provide the Municipality with a copy of current rabies vaccination
records; and
5.2.5 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.
5.3
A Muzzle Order shall be served personally or by registered mail to the last known
address. Such 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 (5th) day
after it is mailed.
5.4
Upon request, the owner of the dog is entitled to a hearing by the Council or a
Committee and the Committee or Council may amend, confirm or resend thereof
or a designated official of the Municipality and upon examining all the facts the
dog may be exempted from muzzling or the conditions of muzzling will continue to
apply.
5.5
The owner of the Dangerous Dog shall comply with all terms and requirements
made in the Muzzle Order.
5.6
The provisions of this section do not prevent, supersede, or quell proceedings
pursuant to the Dog Owners' Liability Act by any other party and does not prevent
the Officer from proceeding under the Dog Owners' Liability Act in place of this
section where warranted.
6.0
EXEMPTIONS
6.1
Police Working Dogs shall be considered exempt from the Dangerous Dog
provisions of this By-law.
6.2
Livestock Guardian Dogs shall be considered exempt from the Dangerous Dog
provisions, barking restrictions, Dog Registration/Licensing Requirements and
Kennel Licensing and/or Limitation of Number of Dogs Kept in accordance wit this
By-law.
7.0
POWERS OF ENTRY
7.1
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.
7.2
No person 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.
8.0
ADMINISTRATION & ENFORCEMENT PROVISIONS
8.1
This By-law shall be administered by the Municipal Bylaw Enforcement Officer or
designate.
8.2
This By-law shall be enforced by an Officer.
9.0
ADMINISTRATIVE PENALTIES
9.1
An Officer who finds that a person has contravened any provision of this By-law
may issue a penalty notice addressed to that person.
9.2
Any person who contravenes any provision of this By-law shall, upon issuance of
a penalty notice pursuant to Section 8.3, be liable to pay to the Municipality an
administrative penalty in the amount of $100.00 dollars.
9.3
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
Municipality.
9.4
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.
9.5
An administrative penalty that is deemed to be confirmed constitutes a debt to the
Municipality and may be added to the tax roll of the owner's property.
10.0 SERVICE OF DOCUMENTS
10.1 The Municipality 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.
10.2 Service by registered or regular mail under subsection 10.1 shall be deemed to
have been made on the fifth day after the day of mailing.
10.3 A person's last known address includes the address provided by the person to the
Municipality as identified in the property tax file.
11.0
OFFENCE & PENALTY PROVISIONS
11.1
Every person who contravenes 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.
11.2
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.
12.0
SEVERABILITY
12.1
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 the By-law
and it is hereby declared that the remainder of the By-law shall be valid and shall
remain in force.
13.0
IMPLEMENTATION
13.1
This By-law shall come into full force and effect after adoption.
14.0 REPEAL
14.1
By-law No. 15-1999 and 17-1999 are hereby repealed.
READ a first, second and third time, and be finally passed, signed, sealed and numbered
By-Law No. 85-2022, this 13th day of September 2022.
____________________________
PAUL JENKINS, MAYOR
____________________________
AMBER WANNAMAKER, CLERK
SCHEDULE A
Licenses and Fees
Showing the amount of fee payable as provided in Section 3 of By-Law No. 88-2022 of the
Town of Bancroft - Canine Control Bylaw.
(a)
Annual license fee for each dog in a single household
*50% discount if paid by March 31st of each year
$40.00
(b)
Annual License fee for a kennel
$200.00
T o w n o f B a n c r o f t
Schedule "A" to By-law No. 20XX-XX
Declaration Regarding a Dangerous Dog
Owner of Dog
Name:
Address:
Description of Dog
Name of Dog:
Breed:
Colour:
Special Markings:
Age:
Spayed/Neutered:
Veterinary Clinic:
Rabies Tag No.
Microchip No.
Location of Incident
Date:
Time:
Address:
Location on Property:
Location of Street:
Other:
Description of Incident
Witness Information
(The information contained in this declaration is true to the best of my
knowledge)
Signature of Witness (person who
witnessed the alleged dangerous dog bite a
person or domestic animal)
Date
Please Print Your Name
Address of Witness
Contact # of Witness:
Signature of Municipal Law Enforcement
Officer
Date:
Form to be completed in full and returned in person
to:
8 Hastings Heritage Way, Box 790, Bancroft, ON K0L
1C0
Please note that you may be required to attend a hearing in the event an
appeal is filed.
THE CORPORATION OF THE TOWN OF BANCROFT
Administrative Monetary Penalty System Penalties
By-law 85-2022: Canine Control By-law
ITEM
COLUMN 1
Short
Form
Wording
COLUMN 2
Provision
Creating or
Defining Offence
COLUMN 3
Set Fine
1
Failure to register
and pay annual
license fee
Section 3.0 (a)
$150.00
2
Failure to register
and pay annual
license fee
Section 3.0 (b)
$150.00
3
Failure to affix
license tag to dog
Section 3.0.(c)(i)
$100.00
4
Afix license tag to a
dog other than the
dog it is issued to
Section 3.0.(c)(ii)
$150.00
5
Fail to remove
excrement
Section 4.1
$150.00
6
Allow dog to
become a nuisance
Section 4.2
$150.00
7
Allow dog to run at
large
Section 4.4
$150.00
8
Allow dog to
trespass on
private property
Section 4.8
$150.00
9
Allow dog on
public property -
not leashed
Section 4.9
$150.00
10
Allow dog into a
municipal facility
or building without
approval
Section 4.10
$150.00
11
Failure to pay
kennel
registration fee
Section 4.11
$400.00
12
Fail to comply with
Muzzle Order
Section 5.5
$300.00
13
Hinder or Obstruct
an Officer
performing a duty
under this By-law
Section 7.2
$300.00