Animal Control By-law No. 32 of 2025

Brooke-Alvinston, Ontario · No. 32 · adopted 2025-09-11 · summary & facts

This is the exact embedded text of the captured official document. Snapshot c560e41f4ba6 · verified 2026-10-26 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CORPORATION OF THE MUNICIPALITY OF BROOKE-ALVINSTON BY-LAW Number 32 of 2025 Being a by-law to provide for the licensing, control and regulation of animals and dogs within the Municipality of Brooke-Alvinston 'Animal Control By-law' WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25 provides that a lower-tier municipality may pass by-laws relating to animals; and WHEREAS Sections 103 and 105 of the Municipal Act, 2001, S.O. 2001, ¢.25 outline specific powers of municipalities regarding the impounding and the muzzling of dogs; and WHEREAS Section 12 of the Dog Owners' Liability Act, R.S.O. 1990, c.D.16 designates a municipal law enforcement officer as a Peace Officer for the purposes of enforcing the Act; and WHEREAS the Council of the Municipality of Brooke-Alvinston has deemed it expedient to provide for the licensing, control and regulation of dogs within the municipality; NOW THEREFORE the Council of the Corporation of the Municipality of Brooke-Alvinston enacts as follows: 4. DEFINITIONS In this by-law: "Animal" means any member of the Animal kingdom other than human. "Animal Control Officer' means: i. amunicipal law enforcement officer appointed by the Council of the Municipality of Brooke-Alvinston; or ii. | apolice officer pursuant to the Police Services Act; or ii. | an agent or inspector pursuant to the Ontario Society for the Prevention of Cruelty to Animals Act. iv. Any member of the Animal kingdom "Council" means the Council of the Corporation of the Municipality of Brooke-Alvinston. "Dangerous Dog" means any dog: j. that has bitten or injured a human being or domestic animal, or ii. that has been threatening or aggressive towards a human being or domestic animal, including but not limited to behaviour such as growling or snarling. "Dog" means any animal of the canine species irrespective of sex or neutering/spaying, including any wolf or wolf cross breed. "Dwelling Unit" means a single room or series of rooms of complementary use which are located in a building in which food preparation, eating, living, sleeping and sanitary facilities are provide for the exclusive use of the occupants thereof; which has a private entrance directly from outside the building or from a common hallway or stairway inside the building; and in which occupants have access to all the habitable areas and facilities of the unit. "Kennel" means any premises on which four or more domesticated animals over four month of age are kept, bred, trained, or boarded and may be kept for sale. The Kennel is only permitted in the Agricultural (A1) Zone; "Impounded" means seized, delivered, received or taken into the pound or any authorized vehicle operated by an officer or their agent pursuant to the provisions of this by-law. "Leash" means a chain, rope or other restraining device of not more than 3.5 meters. "Municipality" means the Municipality of Brooke-Alvinston. "Municipality" "Muzzled" means that the mouth of a dog is fastened or covered with a humane fastening or covering device of adequate strength to prevent the dog from biting. "Owner" means a person who keeps, possessed or harbors a dog and where the owner is a minor, the person responsible for the custody of the minor. "Persistent barking" refers to continuous or repeated barking by a dog over an extended period of time, often without a clear or immediate reason; it's typically considered excessive when it disrupts the peace and causes a nuisance "Physical control" means a dog is on a leash, rope or other means of physical restraint by a person physically capable of handling such dog so that freedom of the dog's movement is restricted. This does not include electronic means of control. "Pound" means premises, regulated under the Animals for Research Act, that are used for the confinement, maintenance or disposal of animals that have been impounded pursuant to this by-law. "Running at Large" means when an animal is found in a place other than the premises of the owner and not under physical control of any person. 2. EXEMPTIONS 2.1 This by-law shall not apply to an animal hospital, clinic or kennel lawfully operated and supervised by a veterinarian who is a registered member of the College of Veterinarians of Ontario. 2.2 This by-law shall not apply to the Ontario Society for the Prevention of Cruelty to Animals. 2.3 This by-law shall not apply to 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. 2.4This by-law shall not apply to dogs maintained at a research facility registered under the Animals for Research Act. 3 KEEPING OF DOGS 3.1No person shall keep more than three dogs in any one dwelling unit or on any premises. 3.2 Section 3.1 of this by-law shall not apply to any person keeping a kennel of dogs licensed under Part 6 of this by-iaw. 3.3Despite Section 3.1 of this by-law, any young born to a dog may be kept on the premises for a period not exceeding ten weeks after birth. 3.4Every owner of a dog shall provide the dog with such food, potable water, exercise and attention as may be required from time to time to keep it in good health. 3.5If a dog is customarily kept outdoors, the owner of the dog shall provide for its use a structurally sound, weather-proof enclosure with off the ground flooring. 3.6 Every owner shall keep a dog from leaving the owner's property, or the property of another person with such person's consent, by means of: i. Enclosure; or ii. Containment within a fenced area; or ii. | Physical restraint of the dog by a chain or other similar means. 3.7 Despite Section 3.6, when such dog is on a property where such lands are zoned and used for agricultural purposes, the owner may keep the dog from leaving such property on its own by any reasonable means. 3.8Every owner of a dog shall remove forthwith and sanitarily dispose of excrement left by the dog anywhere in the municipality. 3.9No person shall permit an animal to enter upon the private property of another person or to remain on the private property of another person without the property owner's consent; any animal found running at large or trespassing may be seized and impounded. 3.10 Every dog shall be inoculated with an anti-rabies vaccine on an annual basis and be able to provide proof upon request. 3.11 No owner shall permit the animal / dog to run at large or fail to prohibit the animal / dog from running at large. 3.12 Any officer shall be and is hereby authorized to seize and impound any animal found running at large within the municipality, contrary to the provisions of this by-law. 3.13 Any person may capture any animal running at large on his/her property and contact the Animat Control Officer or other duly appointed officer, who may impound the said animal. 3.14 The Animal Control Officer or other duly appointed officer may enter on any public or private property without the consent of the owner or tenant of the property for the purpose of impounding or otherwise detaining any animal found running at large pursuant to the provisions of this by-law. 3.15 No person shall permit a dog to bite or attack without provocation a person or domestic animal. 3.16 No person shall permit persistent barking, calling, whining or other noise making by an animal that is clearly audible at another dwelling in the municipality. 4 MUZZLING, LEASHING AND CONTAINMENT OF DOGS 4.1No owner shall permit his or her dog to bite or attack without provocation, a person or domestic animal. lf a dog / animal has been threatening, aggressive or bitten a person or a domestic animal, the Animal Control Officer shall issue a Muzzle / Leash / Contain Notice to the Owner requiring that the dog be muzzled and leashed. Every owner shall comply with a muzzle/leash/contain notice issued by an animal control officer. Where a notice to muzzle or leash is in effect, the dog shal! be muzzled or leashed at all times, unless, within the owner's dwelling or in an enclosed pen of sufficient dimension and construction to provide humane shelter for the dog. The Animal Control Officer shall authorize the allowance of a dog to be un-muzzled or un- leashed at their discretion. 5 KEEPING OF DANGEROUS DOGS 5.1 Where an Officer is satisfied that, in the absence of any mitigating factor, a dog has approached a person or domestic animal in a menacing fashion or apparent attitude of attack, including but not limited to behaviour such as growling or snarling, the Officer may issue a designation in writing to the owner designating the dog as potentially dangerous and 5.2 Where an Officer is satisfied that, in the absence of any mitigating factor, an animal: a) has attacked, bitten or caused injury to a person or has demonstrated a propensity, tendency or disposition to do so; b) has significantly injured or killed a domestic animal or; Cc) having been previously designated as potentially dangerous, is kept or permitted to be kept in violation of the requirements for a potentially dangerous dog, the Officer may issue a designation in writing to the owner designating the dog as dangerous 5.3 Any owner of a dog served with a Dangerous Dog Notice shall comply with the requirements set out therein and with the following conditions: a) License such dog with the municipality as a dangerous dog in accordance with the requirements of this by-law; b) Ensure that such dog is spayed or neutered; Cc) Ensure that such dog has an up-to-date anti-rabies vaccine; d) Display a sign at each entrance to the property and building in which the dog is kept, warning that there is a dangerous dog on the property. This sign shall be visible and legible from the nearest road or thoroughfare. 5.4 No owner of a dog designated as dangerous shall transfer ownership of the dog without first having obtained the written consent of the Animal Control Officer in their sole discretion. IN granting or refusing consent, the Animal Control Officer shall consider the likelihood that all the applicable provisions of this By-law and the Dog Owners' Liability Act, including any orders under that Act, will be met. 5.5 When a dangerous dog is on its owner's property, the owner shall ensure that the dog is securely confined in a locked pen area that provides adequate shelter and meets the following standards: a) The pen shall be suitable to prevent the escape of the dangerous dog and capable of preventing the entry of any person not in control of the dog; b) The pen must have minimum dimensions of two metres by four metres and must have secure sides and a secure top; c) The pen shall provide protection from the elements for the dog; d) The pen shall not be within three metres of the property line or within three metres of a neighbouring dwelling unit. 5.6 When a dangerous dog is off its Owner's property, the Owner shall: a) Ensure the Dog is muzzles in a humane manner at all times b) Ensure the Dog is on a leash not longer than one metre c) Ensure the dog is under the control of a person over the age of 18 5.7 It shall be a condition of every license for a dangerous dog that the owner of the dangerous dog provide and maintain a policy of liability insurance in the amount of at least one million dollars ($1,000,000.00), covering the twelve-month period during which licensing is sought, for injuries caused by the owner's dangerous dog. This policy shall name the Municipality of Brooke-Alvinston as an additional insured for the sole purpose of the municipality being notified by the insurance company of any cancellation, termination or expiration of the policy. 5.8 If the municipality has, in its sole discretion, determined that a dog is a dangerous dog for the purposes of this by-law, the municipality shall impound the said dog at the owner's expense for a maximum of ten days or until such time that the owner of the said dog has complied with all the requirements contained in this by-law for the keeping of a dangerous dog. Should the owner fail to comply with all of the requirements contained in this by-law within the said ten-day period, the municipality may humanely destroy the impounded dangerous dog. 5.9 Inthe event the owner fails to comply with the provisions of section 5 of this by-law, the dog shall be seized in accordance with section 13 of the Dog Owners' Liability Act, R.S.O. 1990, c.D.16, as amended. 6 KENNELS 6.1No person shall keep a dog kennel without a license. 6.2No person shall establish a dog kennel operation within the municipality unless the facility is situated within a zone where its use is permitted in accordance with the provisions of the Municipality of Brooke-Alvinston Zoning By-law, as amended. 6.3Every person who holds a kennel license and/or operates a boarding facility for dogs shall comply with the requirements of the Ontario Society for the Prevention of Cruelty to Animals. 6.4 It shall be the responsibility of those individuals who purchase dogs from a kennel to obtain the required dog license as per section 7 of this by-law. 7 LICENSING 7.1 Every owner of a dog within the municipality shall register each dog owned by him/her and shall pay a licensing fee on or before May 1* of the given year in the amount as set out in the current municipal fees by-law. 7.2The license agent shall keep a record showing the following dog license registration information: 7.2.1 The name and address of the dog owner, 7.2.2 The serial number of the dog tag; 7.2.3 The date of registration; 7.2.4 Adescription of the dog; and 7.2.5 The license fee paid. 7.3A person who acquires a dog in any year shall obtain a license and tag within fourteen calendar days after acquisition of the said dog. 7.4Despite Section 7.1 of this by-law, no license will be required for a dog ten weeks of age or younger. 7.5A license may be issued at no charge for canine vision dogs, hearing dogs, or dogs trained to provide assistance to the physically handicapped upon proof of a certificate provided by organizations including but not limited to the Canadian National Institute for the Blind or Hearing Dogs of Canada. 7.6 There shall be no refund or rebate to any owner for any portion of a dog license when such license has been issued in accordance with the provisions of this by-law. 7.7 Every owner of a dog shall keep the dog license securely fixed on the dog at all times when the dog is not on the premises of the owner. 7.8Where a dog tag issued pursuant to the provisions of this by-law has been lost or destroyed, the owner may be issued a new dog tag upon payment of the replacement fee as set out in Schedule A to this by-law. 7.9Every dog owner who takes up residence within the Municipality of Brooke-Alvinston and where a current dog tag has been issued by another municipality shall be required to obtain a new dog tag and pay only a transfer fee as set out in Schedule A to this by-law. 7.10 The municipality may direct an animal control officer or agent (official) to license each dog door to door. The official shall be authorized to require the owner of any dog to pay the prescribed license fee and upon payment issue a receipt to the owner and a tag for each dog owned. 8 IMPOUNDING 8.1 The Animal Control Officer shail deliver any dog seized by him/her, or delivered to him/her by a police officer or member of the public, to the Pound to be impounded according to the provisions of this by-law. 8.2 The owner or keeper of a dog impounded for being at large shall be entitled to redeem such dog within 72 hours from the time of impoundment, exclusive of the day of impoundment, statutory holidays and days during which the Pound is closed, upon paying the municipality the Redemption fee, as described in Schedule A to this by-law, as well as any other damages, fines and expenses imposed by the Pound or according to the provisions of any other application law. 8.3Where a dog that is impounded is not claimed by the owner within the redemption period specified in Section 8.2 of this by-law, the Pound may retain the dog for such further time as may be deemed proper and during that time may: 8.3.1 Adopt the dog out as they consider appropriate; 8.3.2 Euthanize the dog; or 8.3.3 Dispose of the dog in accordance with the Animals for Research Act. 8.4Where a dog that is captured or taken into custody is injured or in the opinion of the Animal Control Officer should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, a trained person appointed by the Pound may euthanize the dog ina humane manner as soon after capture or taking into custody as he/she may determine and may do so without permitting any person to reclaim the dog or without offering it for adoption. 8.5|n the opinion of an Officer where a dog cannot be safely captured or where the safety of persons or animals are endangered, the Officer or other trained person appointed by the Pound may euthanize the dog and no damages or compensation shall be recovered by the owner of the dog for said destruction. 8.6 Where a dog is captured or taken into custody and the services of a veterinarian are secured by the Animal Control Officer, the owner shall pay all fees and charges of the veterinarian in addition to all other fees or expenses payable under this by-law, whether the dog is alive, has died or is euthanized. 8.7No compensation, damages, fees or any other sum of money on account of or by reason of the impounding, euthanasia or other disposal of the impounded dog in the course of the administration and enforcement of this by-law shall be recovered by any owner or keeper of the said dog. 9 INSPECTION 9.1 Every dog owner shall allow an Animal Control Officer or any other Officer to carry out an inspection of premises including entry into a dwelling unit, at any reasonable time, where the dog is kept or to make inquiries deemed necessary for the purposes of insuring compliance with the provisions of this by-law. 92 Noperson shall interfere with, hinder or impede an Animal Control Officer or any other Officer in the performance of any duty authorized by this by-law or provincial legislation. 10 PENALTIES 10.1. Any person who contravenes any of the provisions of this by-law is guilty of an offence and is liable upon conviction to a penalty pursuant to the Provincial Offences Act, R.S.O. 1990, c.P.33, as amended, and all such penalties and costs may be recovered under the applicable Act. 10.2 The owner may appeal any decisions rendered in this by-law by an officer / agent 11 SEVERABILITY 11.1. If any section or sections of this by-law or parts thereof are found in any court to be illegal or beyond the power of Council to enact, such section or sections or parts thereof shall be deemed severable and all other sections or parts of this by-law shall be deemed separate and independent there from and enacted as such. 12 SHORT TITLE 12.1 The short title of this by-law shall be "Animal Control By-law". 13 BY-LAWS REPEALED 13.1 That By-law 5 of 2017 and all other by-laws or parts of by-laws inconsistent with this by-law are hereby repealed. Schedule 'A' to Municipality of Brooke-Alvinston By-law Number 32 of 2025 Animal Control By-law Schedule of Fees First Dog License -- Neutered or Spayed $30.00 Second Dog License -- Neutered or Spayed $35.00 Third Dog License -- Not Neutered or Spayed $40.00 Kennel License $150.00 (plus cost recovery) Dangerous Dog License $225.00 Guide Dog & Service Dog Licenses No Charge Replacement Tag $15.00 Transfer Tag $5.00 18! Redemption Fee (Impoundment) $125.00 2™ offence redemption fee $ 275.00 3° offence redemption fee $ 300.00 **the current municipal fees by-law should be the main reference for fees 14 EFFECTIVE DATE 14.1This by-law shall come into full force and take effect upon the final passing thereof. By-Law read a first, second and third time and finally passed this 11 day of tember, 2025. Mayor efguson oe Janet Denkers Schedule 'B' to Municipality of Brooke-Alvinston By-law Number 32 of 2025 Animal Control By-law PART 1 -- Provincial Offences Act ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Set Fine Creating or Defining Offence Pe | Pree cease | soon necessities Section 3.4 $500.00 ny erate | setae | peg 3. outdoor shelter Section 3.5 $500.00 Sac ape oe gn onto private property without 5. consent Section 3.9 $200.00 Ha) RPE | setettt | 700 at large Section 3.11 $300.00 | Prmieataea" | sosmois | sou f. person or domestic animal Section 3.15 $500.00 og eee | gens | sm or other noise Section 3.16 $300.00 "9. | Failtomuzzie | _--Section4.1 | $300.00 vo) Meteeteee" | cetmesy se 13. spayed or neutered Section 5.3 b $300.00 vu | Peers | etiesaa | 00 14. dangerous dog Section 5.3 c $300.00 eee | seams | Bee 15. on prope Section 5.3 d $300.00 | Fail to securely confine dangerous pst | 16. dog in a pen suitable to prevent Section 5.5 escape and preventing the entry of any person not in control of the dog that meets dimension or structural Section 5.5 requirements = areca | eee | ee three metres of the property line | 20. | Falltoleesh dangerous dog | Section) | $500.00 a Rr Er ccenses) | sn 21. contro! Section 5.6 c $500.00 og | mite T cetnes |e 22. license Section 6.1 $300.00 THE PENALTY PROVISION FOR THE OFFENCES INDICATED ABOVE IS SECTION 10.1 OF BY-LAW 32 OF 2025, A CERTIFIED COPY OF WHICH HAS BEEN FILED. SCHEDULE C Municipality of Brooke-Alvinston By-law Number 32 of 2025 Animal Control By-law Kennel License Application Leer 300) APPLICATION FOR KENNEL LICENCE IN THE MUNICIPALITY OF BROOKE-ALVINSTON LICENCE FEE: as per current fee schedule LICENCE VALID FOR ONE CALENDAR YEAR Kennel -- means any part of a lot, building, structure or establishment where more than four dogs are kept; Boarding Kennel-a facility which provides shelter and care for dogs, under contract, shall for the purposes of this by-law; Breeding Kennel-a facility in which dogs are kept for breeding purposes and are registered with an association incorporated under the Animal Pedigree Act (Canada); Personal Use Kennel-any property in which more than two dogs are kept indoors for show purposes only or for personal enjoyment, or for predator control (PLEASE PRINT) DATE: KENNEL REGISTRATION NUMBER: 1] ANNUAL RENEWEL C] NEW KENNEL NAME OF APPLICANT: PHONE NUMBER: EMAIL ADDRESS: KENNEL ADDRESS: 1. IF ACCESSORY BUILDING OR OUTSIDE OF MAIN DWELLING: a) DISTANCE FROM THE NEAREST NEIGHBOURING DWELLING: METRES/FEET (circle one) b) PLEASE ATTACH A SKETCH OF PROPERTY, INCLUDING DIMENSIONS. 2. HOW MAY DOGS AT KENNEL (AVG): BREED: 3. ARE YOU REGISTERED WITH A KENNEL CLUB? 0 YES' CL NO PLEASE ATTACH A COPY OF CURRENT REGISTRATION SCHEDULE D Municipality of Brooke-Alvinston By-law Number 32 of 2025 Animal Control By-law Additional Fees In addition to any fines that are imposed as per the current fees by-law, the additional fees as described herein shall be payable as follows: A. REDEMPTION FEES if the Animal is taken to the Sarnia Humane Society, the Owner shall pay the following before the Animal can be retrieved by the Owner: - The current fee charged by the Sarnia Humane Society. : An administration fee of $25, payable to the Municipality of Brooke-Alvinston. For repeat offenders or at the discretion of the Animal Control Officer: Before the Animal can be retrieved, the Owner will complete Form 1. Fees incurred by the Municipality of Brooke-Alvinston from the Animal Control Officer/By-Law Enforcement Officer, or designate, to transport the Animal, including but not limited to, an hourly rate and mileage charges. B. COST RECOVERY FEES County of Lambton By-Law Enforcement Officer Involvement. Where the County of Lambton By-Law Enforcement Officer's involvement has been deemed necessary, the property Owner will pay all associated costs for inspections, file record work, order issuance, phone calls, etc.: County of Lambton hourly rate plus mileage Appeal Order. Where the order is not entirely quashed on appeal, for each order issued pursuant to this Chapter in respect of any property: $200 to $300 (Actual Cost reimbursement). Attend a Hearing of the Superior Court of Justice. Where the order is not quashed on appeal, for each By-Law Enforcement Officer who attends a hearing before the Superior Court of Justice: Actual Costs reimbursement. Inspections where Owner fails to comply with an Order. An Owner whe failed to comply with a confirmed Order shall pay the fee for each inspection to determine if contraventions of this By-Law observed on an initial inspection have been corrected where the contraventions have not been remedied by the time provided for it in the said Order: Actual Costs reimbursement. Orders have been registered and require discharge. Where a property standards Order has been registered, an Owner or occupant may apply for an inspection of the property in respect of the Order and shall pay a fee at the time of application. This fee includes the registration of a discharge where compliance with the Order is found: Actual Costs reimbursement. Conviction registered for a breach of any Order. Where there has been a conviction registered for a breach of any Order, for each By-Law Enforcement Officer who attended a hearing in the Ontario Court of Justice: $500. Municipal Administration Fee for Non-Compliant Pet Owners. An administration fee of 15% will be added to all invoices to pet Owners receiving invoices because of non-compliant properties: 15% of total invoice applied to the property. Certificate of Compliance. Where, after inspecting a property, an officer may, or on the request of the Owner, issue the Owner a Certificate of Compliance: $50. SCHEDULE E Municipality of Brooke-Alvinston By-law Number 32 of 2025 FORM 1 Information Required for Release of Animal from Sarnia District Humane Society (SDHS) Animal Owner Information Name: Home Address: Mailing Address (if different than Home Address): E-mail: Phone: Animal Information Animal Name and Type: Animal Name: Animal Tag Number from Municipality of Brooke-Alvinston: Fees Associated with Animal Control Services The Sarnia District Humane Society (SDHS) will consult with the County of Lambton By-Law Enforcement Officer on the fees applicable at the time of release of the Animal. Animal Owners are responsible to pay all fees associated with the capture of their Animal, Pounds keeping, any medical care required, and any follow up investigation required at cost as per the Municipality of Brooke-Alvinston's Animal Control By-Law xx of 2025. The below information is a generai accounting of fees due at this time. By signing this form prior to the release of your Animal, you are consenting to complete payment of all additional costs associated with this Animal capture and any related investigation. Applicable Fees YIN Administration Fees $25.00 $25.00 County of Lambton By-Law Sapplicable hourly Enforcement Services rate plus mileage Future Inspection Fee Charge at 1 hour for By-Law Officer plus mileage SDHS Fees $90/Dog $50/cat Plus other medical fees a TOTAL ee nS Next Steps Required Step SS™™~--"--SSCSCCCSCS*S Applicable (YIN) Inspection at property housing Animal Po Obtain Dog tag from Brooke-Alvinston municipal Office PO Other (as specified by By-Law Enforcement Officer) Waiver and Agreement to Pay Future Fees I, , Owner of the Animal identified on this form, and residing at the address, C~--"'"NNCCOC#C#NCOC(C®«séOMereby agree to pay ail costs associated with this capture, housing, and related investigation by the Municipality of Brooke-Alvinston related to this incident. | understand if fees are not paid, they will be added to my property taxes. | have reviewed the attached schedule of applicable fees. Further, if next steps are identified as required on this Form, or subsequently identified as required by the By-Law Enforcement Officer, | will support these next steps and not Obstruct the work of the By-Law Enforcement Officer. a Signature a Witness ---------------------- Date . '