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THE MUNICIPALITY OF CENTRAL MANITOULIN
ANIMAL CONTROL BY-LAW #2022-12
BEING A BY-LAW for the licensing and requiring the registration of
dogs and for the control and keeping of dogs within The Municipality
of Central Manitoulin.
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WHEREAS Councils of municipalities have the authority under Section 11 of the Municipal Act,
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2001, to pass by-laws respecting matters within various spheres of jurisdiction, including
"animals";
AND WHEREAS the Council of the Municipality of Central Manitoulin deems it advisable to
enact this By-law for the purposes of prohibiting dogs "being at large," for the purpose of requiring
the removal of dog waste, and for the purposes of generally regulating the keeping of dogs in the
Municipality;
AND WHEREAS Councils of municipalities may prohibit and regulate with respect to public
nuisances, including matters that, in the opinion of Council, are or could become or cause public
nuisances;
NOW THEREFORE the Council of the Municipality of Central Manitoulin enacts as
follows:
1. Short Title: The short title of this by-law is "Animal Control By-law".
2. Enforcement of By-law: The By-law shall be enforced by the "Animal Control
Officer" or any By-law Enforcement Officer designated by the Municipality.
3. Definitions:
(1) "Animal Control Officer" shall mean the person appointed under the
provisions of this By-law as an Animal Control Officer;
(2) "Running at Large" shall mean when a dog is found in any place other than
the premises of the owner of the dog and not under the control of any person;
(3) "Distress" means the state of being in need of proper care, water, food or
shelter or being injured, sick or in pain or suffering or being abused or subject
to undue or unnecessary hardship, privation or neglect.
(4) "Dog" shall mean a male or female dog;
(5) "Guide Dog" shall mean a dog that is trained to aid the visually
challenged and hearing impaired and is in active use of such purposes;
(6) "Housing Pen" means an enclosed yard, cage area, kennel or other
outdoor enclosed area in which a dog is contained and which is not large
enough to provide sufficient space for the dog to run at its top speed;
(7) "Kept Outdoors" in relation to a dog, means kept outdoors
continuously for 60 or more minutes without being in the physical
presence of its owner or custodian;
(8) "Kennel" shall mean a building, structure or fenced area ( or part of) where
dogs are kept, raised, boarded and used for commercial purposes including
but not limited to the keeping of rescued animals and operating Doggie
daycares;
(9) "Kennel Licence" means a certificate issued by the Clerk or designate of
the Municipality upon fulfilling the requirements of the by-law and by
payment of the appropriate fee;
(1 0)"Leash" means a chain, rope, or other restraining device of not more than two
(2) meters;
(11) "License" shall mean a valid dog tag purchased through the Municipality;
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(12) "License Issuer" means the Clerk or designate of the Municipality;
(13) "Livestock" means sheep, pigs, goats, cattle, horses, mules, ponies, donkeys
or poultry;
(14) "Livestock guardian dog" means a dog that (a) is identifiably of a breed
tis is generally recognized as suitable for the purposes of protection of
livestock from predation, and (b) lives with a flock or herd of livestock''
(15) "Muzzle" means a humane device designed to fit over the mouth of a dog
to prevent a dog from biting. A "muzzled dog" means a dog wearing a
muzzle in the manner anticipated by the manufacturer of the muzzle;
(16) "Owner" of a dog includes a person who possesses or harbors a dog
and owns and owner have corresponding meaning, and where the owner
is a minor, the person responsible for the custody of the minor;
(17) "Noise" shall mean barking, crying or howling;
(18) "Tether" means a rope, chain, or similar restraining device that is attached
at one end to a fixed object and, for greater certainty, does not include a
leash or restraining device that is held by a person and shall not be less than
2.4 meters in length.
(19) "Vicious Dog" means a dog which has been declared to be vicious
pursuant to Part 5 Section 27 of the By-law;
(20) "Working Dog" means a dog trained, kept and utilized for work purposes
including, but not limited to livestock handling and /or guarding, pest and
predator control, recreational dog sled use and police or rescue dogs;
PART 1 - LICENSING
4.
No person in the Municipality shall own, harbour or possess a dog unless or untilthey
have procured a licence to do so as herein provided and every owner of a dog shall
be subject to the provisions of this By-law.
5.
No person shall keep more than the following number of dogs per location anywhere
in the Municipality of Central Manitoulin:
(a) In all areas of the Municipality having a lot area of less than 0.4 ha (1 acre)
the maximum number of dogs permitted per household shall be two (2).
(b) In all areas of the Municipality having a lot area of equal to or more than 0.4
ha (1 acre) the maximum number of dog permitted per household shall be
(3).
(c) In all areas of the Municipality having a multi dwelling unit the maximum
number of dogs permitted per unit is two (2).
(d) Only one (1) Dangerous or Potentially Dangerous Dog is permitted per
property at any one time.
6.
A licence shall be procured and renewed pursuant to this By-law by applying to the
Municipality for said licence or renewed licence as the case may be and by paying
7.
the Licence fee.
Any licence procured, issued or renewed pursuant to this By-Law shall be in the form
of a dog tag.
8.
The Municipality is designated to keep a record showing the following dog licence
registration information:
( 1) name and address of dog owner;
(2) serial number of tag;
(3) date of registration;
)
)
( 4) description of dog;
(5) amount of fee paid upon registration.
(6) every application shall be accompanied by the following:
(a) description of dog including colour, breed and name;
(b) certification or letter from a qualified veterinarian that the dog has been
spayed or neutered if applicable;
( c) applicable fee;
9.
( 1) The owner shall keep the dog tag securely fixed on the dog at all times until the tag
is renewed or replaced, but the tag may be removed while the dog is within the
premises of the owner. Failure to do so constitutes a breach of the by- law.
(2) No owner of a dog shall use a tag on a dog other than that for which it was issued.
(3) No person shall unlawfully remove a dog tag from a licensed dog.
10.
(1) In the event the tag issued for a dog is lost, the owner may obtain a second tag
from the Municipality.
(2) If there is a change in ownership of a dog during the licence year, the licence holder
shall notify the Municipality immediately of the change of ownership and the new
owner must pay a licence transfer fee for this service. Failure to do so constitutes a
breach of this By-law.
(3) Where a certificate is produced from the Canadian National Institute for the blind
or a certificate from a recognized dog guide training school stating that a dog is
being used as a guide for a blind person, no fee shall be charged for a license or
tag under this By-law.
(4) Where a certificate is produced from Hearing Ear Dogs of Canada stating that a dog
is being used for the assistance of a deaf person, no fee shall be charged for a licence
or tag under this By-law.
11.
(1) Every licence issued pursuant to this By-law shall expire on the 31st day of
December of the year in respect of which it was issued.
(2) Every licence shall be renewed yearly on or before the 1st day of April and the fee
to be paid to the Municipality.
12.
The licence fees to be paid to the Municipality at the time of the issuing of the licence
shall be specified in Schedule "A" which schedule is hereby incorporated as part of
this By-law.
13.
PART 2 - KENNELS
(1) Notwithstanding the provisions of section 11 and 12 above, no person in the
Municipality shall own, harbor or possess a kennel until he or she has paid an
annual licence fee of five hundred dollars ($500.00) to the Municipality for the
kennel and they are not liable to pay in respect of such dogs any licence fee under
this By-law;
(2) Owners and operators of kennels shall comply with the following regulations:
1) Every licence shall be renewed yearly between the 1st day of January and
the 1st day of April of the next year, inclusive;
2) The licence shall expire on the 31st day of December of the year of issue;
3) A Kennel shall be permitted only in premises Zoned rural for the purpose
of boarding, breeding and fostering of dogs and associated commercial
activity;
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4) In thx case of a dog foster or rescue situation, temporary approval may be
considered on a case by case basis as exemptions may apply.
5) No kennel shall be permitted on a property of less than 5 acres.
6) No part of a kennel shall be constructed or maintained closer than 30
meters from the nearest property line of any adjacent residence.
7) The kennel building shall have:
(1) electric lighting
(2) windows which may be opened for proper ventilation
(3) a heating system sufficient to adequately heat the building if
required
(4) hot and cold running water
(5) a food preparation area
(6) an outside area for exercise enclosed by chain link fence. The
wall of an adjacent building may be included as part of such
fenced-in area
(7) a manure receptacle for the storage of dog waste. All kennel
owners shall comply with the provisions of Part V of the
Environmental Act, RS.SO. 1990 and all regulations thereto
with respect to waste management systems, including but not
limited to the collection and disposal of waste
8) The owner, operator or a person designated by the owner or operator shall
attend the kennel at least once every 12 hours and operate such kennel in a
professional standard consistent with current legislation.
9) Every person who holds a kennel licence or operates Boarding/Breeding
facilities for dogs, shall comply with the following requirements:
(1) The licence shall be exposed at all times in a conspicuous place in the
interior of the premises.
(2) The premises shall be maintained in a sanitary, well ventilated, clean
condition, and free from offensive odors.
(3) The animals shall be kept in sanitary, well bedded, well ventilated,
naturally lighted, clean quarters and a healthful temperature shall be
maintained at all times.
(4) The animals shall be adequately fed and watered and kept in a clean,
healthy condition, free from vermin and disease.
(5) The Animal Control Officer, Municipal Law Enforcement Officer and
any person designated may inspect at any reasonable time any place
where the dogs are kept, pursuant to this by-law.
( 6) If the kennel is found not to conform, to the requirements set out herein,
the Animal Control Officer or Authorized agent may direct that the
animals be seized and impounded and may revoke the licence issued
to the kennel.
(7) In addition, every breeding kennel shall:
(1) Maintain the whelping bitch in separate accommodations from
the balance of the dogs in the kennel;
(2) Maintain a whelping box which shall be constructed with four
sides and a floor made from impermeable materials;
(3) Provide adequate supplemental heat at all times;
( 4) Provide sufficient designated space for the proper enrichment
and socializing of puppies to be offered for sale.
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)
(3)
(5) The Animal Control Officer or any other duly authorized
person may revoke any licence where the owner or operator of
the kennel does not comply with the provisions of this by-law
or any applicable Municipal by-laws, provincial or federal
statutes or regulations.
(6) Where a kennel licence has been revoked, the kennel owner
may apply to the Municipality for a hearing as to whether or
not the kennel licence should be revoked. An application for a
hearing shall be filed with the Clerk within ten (10) business
days of the date of delivery of the written notice that the
kennel licence has been revoked.
KENNEL INSPECTIONS
(1) Every person who holds a Kennel licence or the owner/operator of a
Kennel shall at all reasonable hours, ensure the Kennel is open to
inspection by an officer upon the production of proper identification, or
any other person authorized to do so under any Provincial or Federal
Legislation.
(2) Every person who holds a Kennel licence or the owner/operator of a
Kennel shall post the license in a prominent place in the Kennel and shall,
when so requested by the Animal Control Officer or any person
authorized by the Municipality, produce such licence for inspection.
(3) If, after request to be granted access to a Kennel, an owner has not granted
access to the Officer within 24 hours, the Kennel licence may be
suspended or revoked by the Municipality in its sole discretion.
(4) Where the Animal Control or Municipal Law Enforcement Officer finds
that the owner or operator of a Kennel does not comply with any
regulation in this by-law, he or she may direct that the animals at the
Kennel be seized and impounded.
( 5) All kennels operating within the Municipality of Central Manitoulin shall
maintain dogs in a clean, secure, and humane manner and every owner
and operator of a kennel shall ensure that the kennel complies with the
standards contained in this by-law.
PART 3 - RUNNING AT LARGE
14. ( 1) Every owner shall prohibit a dog from running at large or permit a dog to run at large.
Failure to do so constitutes a breach of this By-law.
(2) For the purpose of this By-law, a dog shall be deemed to be running at large when
found in any place other than the property of the owner of the dog and not under the
control of any person.
(3) For the purpose of this By-law, a dog shall be deemed not to be under the control of
any person when the dog is not on a leash of a maximum length of two (2) meters held
by a person or is not on a leash which is securely affixed to somepermanent structure from
which the dog cannot escape.
( 4) No person shall allow or permit a dog under their control or of which they are the
registered owner to trespass on private property whether on a leash or not unless
permission for said trespass is first obtained from the property owner.
(5) No person shall allow or permit a dog under his control or of which he is the
registered owner to be on a public beach whether on a leash or not.
(6) The owner of any dog that is found to have killed livestock or poultry will be held
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responsible and shall reimburse the Municipality and or the owner of killed animals for
any, and all costs incurred.
(7) A dog shall nt be considered to be running at large if it is a Guide Dog, a Working
Dog or a huntmg dog accompanied by the harboured or other responsible adult and is
actively engaged in work on their leased or owned properties or property of handler
where work perimeter is expected, or a police dog while carrying out their duties.
15.
Every person who is the owner of a dog at a time when the dog fouls a property
anywhere within the Municipality, shall forthwith remove, or cause the removal of the
excrement from such a property and sanitarily dispose of the excrement. Failure to do
so constitutes a breach of this By-law.
16.
(1) Subject to subsection five (5) of this section, a Peace Officer, Authorized Agent
or Animal Control Officer may:
1) Seize and impound any dog found running at large, and
2) Restore possession of the dog to the owner thereof where:
a) The owner claims possession of the dog within three (3) days
(exclusive of the day of its impounding and of statutory holidays) after
the date of seizure;
b) The owner pays to the Peace Officer, Authorized Agent or Animal
Control Officer a pound fee for a dog seized and a maintenance fee for
each day subsequent to the day of seizure that the dog remains
impounded, and;
c) The owner has procured a current licence for the dog pursuant to Part 1
- Licensing of this By-law.
(2) Where a dog is seized and impounded under subsection (1) of this section, the owner
if known and whether the dog is claimed from the pound or not, shall be liable for the
pound and maintenance fees prescribed and shall pay all fees on demand by the
Animal Control Officer or Authorized Agent, which may be recoverable under the
Provincial Offences Act.
(3) Where at the end of three (3) days mentioned in subsection (1) of this section, if the
dog has not been restored to the owner, the Animal Control Officer may sell the dog
for such price as he deems reasonable or surrender to an animal rescue organization in
good standing.
(4) Where the owner of a dog, has not claimed the dog within three (3) days after it's
seizure under subsection (1) above, and where the dog has not been sold or
surrendered, the Animal Control Officer may euthanize the dog in a humane manner
or otherwise dispose of the dog as he sees fit in accordance with the provisions of the
Province of Ontario Animals for Research Act as it relates to pounds and no damages
or compensation shall be recovered by the dog owner on account of its destruction or
other disposition.
(5) Where a dog seized under subsection (1) of this section is injured or should be
destroyed without delay for humane reasons or for reasons of safety to persons or
animals, the Peace Officer or Animal Control Officer may euthanize the dog in a
humane manner as soon after seizure as they think fit without permitting any person
to reclaim the dog or without offering it for sale, and no damages or compensation
shall be recovered by the owner on account of its destruction.
(6) In the opinion of an Animal Control Officer, where a dog cannot be captured and
where the safety of persons or animals are endangered, the Animal Control Officer
may euthanize the dog and no damages or compensation shall be recovered by the
owner of the dog for said destruction.
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)
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17. Fees for the services outlined in Part 3 are as specified in Schedule "A", whichschedule
is hereby incorporated as part of this By-law.
PART 4 - KEEPING OF DOGS
18. Every person who owns a dog in the Municipality of Central Manitoulin shall provide
such dog or cause it to be provided with such food, potable water, exercise, shelter and
attention required to keep it in good health.
19. (1) If a dog is customarily kept out of doors, the person who owns such a dog shall, at
all times, provide for its use, a structurally sound, weatherproof enclosure with off the
ground flooring.
(2) Standards of care for dogs that are kept outdoors - general care
(1) A dog kept outdoors must be provided with,
(a) sufficient protection from the elements to prevent the dog from
experiencing heat or cold-related distress; and
(b) access to sufficient shade as may be required by the weather conditions,
including sufficient shade to protect the dog from direct sunlight.
(2) Food and water containers used for a dog kept outdoors must be constructed
to avoid injury to the dog and to avoid difficulty in accessing food or water.
(3) A dog kept outdoors must be fed food that,
(a) reflects the dog's daily caloric and other nutritional requirements;
(b) is fit for consumption;
( c) is not spoiled; and
( d) does not contain dirt, feces, urine or toxic substances.
( 4) A dog kept outdoors must have continuous access to water that,
(a) is replaced at least once every 24 hours;
(b) is not frozen; and
( c) does not contain dirt, feces, urine or toxic substances.
(5) An owner or custodian of a dog kept outdoors must ensure that the health
and welfare of the dog is checked daily.
( 6) A dog kept outdoors must be groomed as necessary to avoid matting of the
dog's coat and the accumulation of ice or mud on the dog's coat or under
the dog's paws.
(7) The nails of a dog kept outdoors must be checked regularly and groomed as
necessary for the health of the dog.
(8) A dog shall not be kept outdoors if it has an illness or injury that affects the
dog's ability to regulate its temperature or restricts its mobility, unless a
veterinarian advises, in writing, that it may be kept outdoors.
(9) If the owner or custodian of a dog kept outdoors has grounds to believe that
the dog is suffering from a contagious disease, or is at high risk of
developing a contagious disease, the dog must be kept completely isolated
from other dogs and must not have contact with objects, including food and
water containers, that are used by other dogs or animals.
(10) Subsection (9) does not apply to the extent that a veterinarian advises, in
writing, that compliance with these requirements is unnecessary.
(11) Despite subsection (9), puppies do not need to be isolated from their
mother or substitute mother if they are less than 12 weeks old.
(12) Despite subsection (9), a dog does not have to be isolated from other dogs
that either suffer from the same contagious disease or are at high risk of
developing the same contagious disease, and the dog does not have to be
prevented from having contact with objects used by those other dogs.
(3) Standards of care for dogs that are kept outdoors - shelter
(1) Every dog that is kept outdoors must, at all times, have ready access to a
shelter that,
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(a) is waterproof and provides protection from the elements·'
(b) _is_ structurally sound, stable and free of features that might cause
. tnJury to the dog;
( c) has an insulated roof;
( d) has a floor that is level, elevated from the ground, and dry;
( e) has a means of providing ventilation, which may include an open
doorway;
(f) is of a size and design that permits all of the dogs that regularly use
)
the shelter to turn around, lie down with their legs extended to their
full extent and stand with their heads held at normal height when all of
the dogs are occupying the shelter at the same time;
(g) has a doorway that is free from obstructions; and
(h) contains bedding that,
(i) is at least three inches thick, and.
(ii) is changed as frequently as necessary to ensure that the bedding
remains comfortable and substantially clean, dry and unsoiled.
(4) Subsection (1) does not apply to a livestock guardian dog or to a dog that has ready
access to a structurally sound building that, at the time, is being used to house
livestock.
20. (1) No person shall, in the Municipality of Central Manitoulin keep a dog tethered
on a chain, rope or similar restraining device of less than 2.4 meters in length.
(2) Standards of care for dogs tethered outdoors
(1) A dog tethered outdoors for 23 hours in a 24-hour period, whether those 23
hours are consecutive or not, must be taken off the tether for at least 60
continuous minutes to allow for exercise and enrichment.
(2) The 60 continuous untethered minutes required by subsection ( 1) must be
provided before the dog can be tethered outdoors again.
(3) Subsections (1) and (2) do not apply if,
(a) the dog has, within the previous 24-hour period, participated in a
racing event, hunting event, field trial event or comparable event and
requires rest as a result of participating in the event;
(b) extreme weather conditions identified by a weather warning or watch
from Environment and Climate Change Canada, such as a heat warning,
would make it unsafe for the dog to exercise or receive enrichment; or
( c) a veterinarian advises, in writing, that the dog should not be taken off
the tether for health reasons.
(3) Standards of care for dogs that are kept outdoors - tethers
(1) A tether that is used on a dog that is kept outdoors must,
(a) allow the dog to move about safely;
(b) be of a size, type and weight that will not cause the dog discomfort or
u-uury;
(c) have a swivel that can turn 360° at both,
(i) the point where the tether is attached to the dog's collar or
harness, and
(ii) the point at which the tether is attached to the fixed object;
( d) be of sufficient length to permit the dog to move at least three metres
measured in a horizontal direction from the point at which the tether
is attached to the fixed object; and
( e) be of sufficient condition, and be sufficiently well-attached to the dog
and to the fixed object, to prevent the dog from escaping.
(2) A collar or harness used with a tether on a dog kept outdoors must be of a
size, type, design and fit that will not cause the dog discomfort or injury.
(3) A choke collar, pinch collar, prong collar, slip collar, head halter collar or
martingale collar must not be used with a tether on a dog kept outdoors.
(4) A dog kept outdoors must not be tethered in a manner that creates an undue risk
8
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of distress to the dog, including,
(a) distress related to the age, health or reproductive status of the dog; or
(b) distress caused by objects or hazards that a dog is able to reach while
tethered.
( 5) A dog kept outdoors must not be tethered if the dog is,
(a) under six months of age;
(b) whelping;
( c) nursing; or
(d) in heat.
( 6) Standards of care for dogs that are kept outdoors - housing pens
(1) A dog that is kept outdoors must not be kept in a housing pen if doing so
would create an undue risk of distress to the dog.
(2) A dog that is kept outdoors may only be kept in a housing pen if the
housing pen is constructed so that it prevents the dog from escaping and
provides reasonable protection from predatory animals or other animals
that may harm the dog.
(3) The size of a housing pen for a dog that is kept outdoors must meet the
following minimum requirements:
(i) If the dog is under 20 cm in height, the total area of the housing pen
must be at least four square metres.
(ii) If the dog is equal to or greater than 20 cm in height but under 40
cm in height, the total area of the housing pen must be at least six
square metres.
(iii) If the dog is equal to or greater than 40 cm in height but under 70
cm in height, the total area of the housing pen must be at least 10
square metres.
(iv) If the dog is equal to or greater than 70 cm in height, the total area
of the housing pen must be at least 15 square metres.
(4) For the purposes of subsection (3), a dog's height shall be determined by
measuring the height of the dog at its shoulder when it is standing at full
height.
(5) If more than one dog is kept in a housing pen, the housing pen must
provide at least the space required by subsection (3) for the tallest dog
kept in the housing pen, plus a minimum of at least 1.5 additional square
metres of space for every additional dog that is kept in the housing pen.
( 6) Despite subsection ( 5), 1. 5 additional square metres of space is not
required for every additional dog that is less than 12 weeks old and that
is kept with its mother or substitute mother.
(7) If more than one dog that is kept outdoors is kept in the same housing
pen, the owner or custodian of the dogs must ensure that,
( a) dogs exhibiting aggression to other dogs are not placed with
incompatible dogs: and
(b) a female dog that is in heat or coming into heat is not placed with a
male dog.
(8) Despite subsection (7), a female dog that is in heat or coming into heat
may be placed in a housing pen with a male dog solely for the time
required for them to mate if the dogs are in the physical presence of the
owner or custodian of one or more of the dogs and that person is
monitoring the safety of the dogs.
21. Standards of care for dogs that are kept outdoors - available area if dog tethered or
in housing pen. The area available to a dog kept outdoors that is placed on a tether or
in a housing pen must,
(1) be sufficient to ensure that the dog can move freely and engage in natural
behaviours;
(2) be sufficient to ensure that the dog is not required to stand, sit or lie down
in excrement, urine, mud or water;
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(3) have distinct areas for both,
(a) feeding and drinking, and
(b) urinating and defecating; and
(4) be cleaned as frequently as necessary to prevent an accumulation of
ex¦re§ent, uri?e or other waste that would pose a risk to the dog's health,
mamtam a samtary environment, minimize the presence of parasites and
ensure the health of the dog, using cleaning products that do not pose a risk
to the dog.
22. No person shall allow a dog to unreasonably disturb the peace, quiet comfort or repose
of any person or neighbor in any dwelling unit by way of barking, crying or howling.
Failure to do so constitutes a breach of the by- law.
23. No person shall:
a) tease, torment, annoy, or abuse any animal; or,
b) untie, loosen or otherwise free an animal which is not in distress unless such person
has the authorization of the owner.
24. In addition to any other remedy, an officer may give to an animal's owner an Order where
the officer has reason to believe that the owner has failed to comply with any part of this
section.
PART 5 - VICIOUS DOGS
25.
(1) The Animal Control Officer shall investigate any dog bite incident. Where the
Animal Control Officer is satisfied that the dog has, without provocation, bitten a
person or a domesticated animal, he or she may declare a dog to be a vicious dog
and issue an order that the dog is to be muzzled and leashed. Every owner of the
dangerous or potentially dangerous dog shall comply with such order.
(2) Where a dog has been required to be muzzled and leashed, pursuant to Section
23 (1) of this By-law, the dog owner shall be provided with a copy of a written
notice of requirement to that effect.
(3) Where a dog has been required to be muzzled and leashed, the dog owner may
apply to the Municipality for a hearing as to whether or not the requirement should
be revoked. An application for a hearing shall be filed with the Clerk within ten
( 10) business days of the date of delivery of the notice of requirement.
26.
(1) Every owner shall comply with an order to muzzle or leash a dog. Failure to do
so constitutes a breach of this By-law.
(2) For the purpose of this By-law, where "restrain" is used in connection with a dog
required to be muzzled and leashed at its owner's property, "restrain" shall be
deemed to mean muzzled and leashed and under the control of a person at least
16 years old, except when:
a) Kept indoors in a manner respective of its environmental needs which
prevents contact with persons who have not consented to contact, or;
b) Kept in a pen or other outdoor enclosure respective of its environmental
needs which prevents the dog from, leaving the owner's household or
).·
property (except in accordance with the provisions of this By- law) or
coming into contact with persons who are not at the owner's household or
have not consented to have contact with the dog.
(3) Every person who owns a dog required to be muzzled and leashed, upon
relocation of their residence, shall immediately notify the Municipality of
the change of address.
27.
Every owner shall, where a Dangerous or Potentially Dangerous Dog is found to
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be at large, immediately and without delay notify the Animal Control Officer of
the last known date, time and location that the said dog became at large.
PART 6 - OTHER PROVISIONS
28. ( 1) No person shall, within the Municipality of Central Manitoulin, forcibly retrieve a
dog from an Animal Control Officer, a live trap or a vehicle under an Officer's control.
29.
(2) No person shall forcibly retrieve a dog from the Pound keeper, an Animal
Control Officer, break and enter into a patrol vehicle or retrieve a dog without
payment in full of all fees and charges required to be paid under this by-law.
The owner or keeper of a dog shall not permit or allow the dog to make or continue to
make a sound which has the effect of disturbing the peace, quiet, comfort or repose of
any individual. Failure to do so constitutes a breach of this By-law.
30. Every owner of a dog that is four months of age or older shall ensure that the dog is duly
immunized against rabies and that the immunization is maintained as cur ent.
31. No owner of a dog shall willfully cause the dog, or permit the dog through neglect or
failure to control, to without provocation bite, attack or chase a person or another animal,
or to damage public or private property.
32. No person shall cause, permit or allow an animal to be confined in a vehicle or other
confined space without appropriate ventilation or left in a vehicle or other confined
space if the weather conditions are not suitable for containment of an animal.
33. If any part, section, subsection, clause or paragraph of this By-law is, for any
reasons, held invalid, such portion shall be deemed separate, distinct, and
independent and such holding shall not affect the validity of the By-law as a whole
or any part thereof, other than the provisions so declared to be invalid.
34. Every person who contravenes any of the provisions of this By-law is guilty of an
offence and upon conviction is liable to a fine pursuant to section 61 of the Provincial
Offences Act, R.S.O. 1990, c.P.33.
35. No person shall hinder, obstruct or interfere with an officer while performing their
duties.
36. All contraventions of this by-law will be considered a new incident each day an offence
is committed and set fines will be accumulated thereof.
37. All former relative By-laws are hereby rescinded.
38. This By-law shall come into full force and effect after third and final reading
thereof.
/
READ A FffiST, SECOND AND THIRD TIME AND FINALLY PASSED
THIS 15th
DAY OF
December
2022 .
..... --···· -··
, .
{)A_ __ --
of _-
D@
Denise DeforgeCI
~u...-\-.t
I,'819
5-
, Clerk of the Municipality of Central Manitoulin,
hereby certify that the foregoing is a true copy of By-law 2022-12 passed by the
Council of the Municipality of Central Manitoulin on the 15th
day of _
December , 2022.
11
BY-LAW #2022-12 - SCHEDULE "A"
1. Set Fees
Dog per Licence
Annual Renewal
Renewals of Dog Licence before April 1st
Seeing Eye Dog
Hearing Eye Dog
Replacement Tag
Kennel Licence
Dog Redemption Impound
Per Diem Animal Care Fee
Animal Surrender Fee
12
$20.00
$20.00
$15.00
No Charge
No Charge
No Charge
$500.00
$50.00
$20.00
$50.00
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2. Set Fines
Item
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
MUNICIPALITY OF CENTRAL MANITOULIN
PART I Provincial Offences Act
By-law #2022-12: Animal Control
Column 1
Column 2
Column 3
Short Form Wording
Provision Creating
Set Fine
or Defining Offence
Failure to procure a
Section 4
$100.00
licence
Kept more than the
allotted dogs per
Section 5
$125.00
household
Failure to affix the dog
Section 9 ( 1 )
$100.00
licence
Misuse of dog licence
Section 9 (2)
$100.00
Failure to notify
Section 10 (2)
$50.00
change of ownership
Failure to register a
Section 13 (1)
$500.00
kennel
Fail to comply with the
Section 13 (2)
$300.00
standards for kennels
Owner/Operator fail to
attend kennel every
Section 13 (8)
$200.00
12 hours
Fail to prohibit a dog
Section 14 (1)
$50.00
from running at large
Fail to clean up and
dispose of dog
Section 15
$300.00
excrement
Fail to keep dog in
Section 18
$100.00
good health
Fail to provide outside
Section 19 (1)
$300.00
closure
Keep dog on
improper chain or
Section 20
$50.00
rope
Failure to prohibit a
dog from disturbing
peace, quiet comfort
Section 22
$50.00
or repose of any
person
Fail to leash
dangerous or
Section 25 ( 1 )
$300.00
potentially dangerous
dog
Fail to muzzle or
Section 26 ( 1 )
$150.00
leash dog as ordered
13
17
Failure to notify of
Section 26 (3)
$50.00
change of address
Fail to notify about a
18
dangerous or
potentially
Section 27
$300.00
dangerous dog at
large
19
Forcible retrieval of
dog from Officer,
Section 28 ( 1)
$100.00
vehicle or pound
Fail to have dog
20
immunized against
Section 30
$100.00
rabies
Permitting a dog to
21
bite, attack and/or
Section 31
$250.00
chase a person
Permitting a dog to
22
bite, attack and/or
Section 31
$250.00
chase an animal
Cause, permit or
23
allow an animal to be
Section 32
$300.00
confined in a vehicle
24
Hinder or Obstruct an
Section 35
$300.00
officer
NOTE: The penalty provision for the offences indicated above is section 34 of by-law no. 2022-
12, a certifled copy of which has been filed.
14
3. Impounded Animals
Animals captured will be kept for a period of 3 days as per section 16(2)(a) of By-law
#2022-12 in the Animal Control pound located at 7 Lakeshore Rd. Contact will be made
between the Animal Control Officer and the owner of each impounded dog if a dog tag is
present the owner can be identified. All animals not claimed in the specified time period
will be either re-homed or be destroyed utilizing humane practices as set out in the
Animals for Research Act, R.S.O. 1990 Chapter A-22. All revenues from the redemption,
care and surrender of captured shall be collected by the Animal Control Officer and
remitted to the Municipality of Central Manitoulin as per Schedule "A" of By- law #2022-
12.
4. Dog Tags
Dog tags will be supplied by the Municipality of Central Manitoulin. The Municipality will
keep a record/log of every tag sold and this information will be provided to the Animal
Control Officer on an "as needed" basis. The log will identify the dog and address and
telephone number of the owner. All revenues from the sale of tags will remain with the
Municipality's. Annual license renewal will not require the issuance of an annual dog tag.
The annual renewal fee confirms the information in the Municipal log. If a new tag is
required, it will be deemed to be a replacement tag and charged accordingly.
15
THE MUNICIPALITY OF CENTRAL MANITOULIN BY-LAW #2022-12
·SCHEDULE "B"
MUZZLING AND LEASHING REQUIREMENT
Owner's Name: _____________ Dog's Name: -----------
Address: _______________ Licence No.:-----------
Breed: ---------------
Co Io u r:
Sex:
Age:
------------
------·
-----------
An investigation of an incident involving your above described dog, and:
Victim:
at Address:
-------------
--------------
On Date: ___________ has been conducted, and it has been determined that
your dog has bitten a person/domestic animal.
Accordingly, this dog is therefore required to be muzzled and leashed pursuant to By-law No.
2022-12, as may be amended, and you, as the owner, are hereby notified that if you wish to
keep this dog in the Municipality of Central Manitoulin, you must:
1.
Keep the dog muzzled, leashed and under the control of a person at least 16 years old
at all times when it is off your property.
2.
At all times, when on your property or on the property of the person who has the care and
control of the dog, the dog must be restrained. This is accomplished by keeping the dog
inside a building or house, or in an enclosed pen or other enclosed area of sufficient
dimension and strength to be humane, and to prevent the dog from either leaving the
building or property or from coming into contact with persons who are not at that building
or property and persons who have not consented to contact with the dog. If the dog is not
in an enclosed area the dog is required to be muzzled, leashed and under the control of
a responsible person at least 16 years old.
3. If you transfer ownership or possession of this dog, or relocate your place of residence
within the Municipality of Central Manitoulin, you must immediately notify the
Municipality.
Contravention of By-law No. 2022-12 may result in prosecution of you, as the owner of
a dog required to be muzzled and leashed, and if convicted:
-
set fine of $100 "Failure to restrain a dog required muzzled and leashed" S.28 (1 );
-
set fine of $50 "Failure to notify change of address" S.28 (3)
You may appeal this requirement by making application to the Municipal Clerk within ten
( 10) business days of the date of delivery of this Notice of Requirement.
ANIMAL CONTROL OFFICER: _____________ _
DATE OF REQUIREMENT: ______________ _
Notice was served upon: __________________ _
At: ___________ _
Date: _________ _
By: ____________ _
Time: _________ _
16
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