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THE CORPORATION OF THE CITY OF DRYDEN
BY-LAW NUMBER 2024-23
A BY-LAW OF THE CORPORATION OF THE CITY OF DRYDEN TO LICENCE AND
REGULATE THE KEEPING OF ANIMALS AND THE REGISTRATION OF DOGS
WITHIN THE MUNICIPALITY.
WHEREAS the Council of the Corporation of the City of Dryden deems it necessary and
expedient to pass a by-law to license and regulate the keeping of animals and the
registration of dogs within the municipality;
AND WHEREAS the Municipal Act, 2001, as amended provides that a municipality has the
capacity, rights, powers and privileges of a natural person for the purposes of exercising
their authority under the Act;
AND WHEREAS the Municipal Act, 2001, as amended provides that a single tier
municipality may pass by-laws respecting animals;
AND WHEREAS the Municipal Act, 2001, as amended provides that a local municipality
may license, regulate and govern any business wholly or partly carried on within the
municipality even if the business is being carried on from a location outside the
municipality;
AND WHEREAS the Municipal Act, 2001, as amended provides that a municipality may
pass by-laws with respect to matters of health, safety and well-being of persons;
AND WHEREAS the Municipal Act, 2001, as amended, provides that a local municipality
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, and that, if arrived at
in good faith, is not subject to review by any court;
AND WHEREAS the Municipal Act, 2001, as amended, provides that if a municipality
passes a by-law regulating or prohibiting with respect to the being at large or trespassing
of animals, it may provide for,
(a)
the seizure and impounding of animals being at large or trespassing contrary to
the bylaw; and,
(b)
the sale of impounded animals,
i
if they are not claimed within a reasonable time;
ii
if the expenses of the municipality respecting the impounding of animals
are not paid; or,
iii
at such time and in such manner as provided in the by-law;
AND WHEREAS the Municipal Act, 2001, as amended, provides that a municipality may
pass by-laws providing that a person who contravenes a by-law of the municipality passed
under the Act is guilty of an offence;
AND WHEREAS the Municipal Act, 2001, as amended, provides that a municipality may
establish a system of fines for offences under a by-law of the municipality;
AND WHEREAS the Municipal Act, 2001, 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)
a by-law of the municipality passed under this Act;
(b)
a direction or order of the municipality made under the Act or made under a by-
law of the municipality passed under the Act;
(c)
a condition of a licence issued under a by-law of the municipality passed under the
Act; and,
(d)
an order made under Section 431 of the Act;
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AND WHEREAS the Municipal Act, 2001, as amended, provides that, despite any provision
of the Act, a person exercising a power of entry on behalf of a municipality under the Act
shall not enter or remain in any room or place actually being used as a dwelling unless,
(a)
the consent of the occupier is obtained, the occupier first having been informed
that the right of entry may be refused and, if refused, may only be made under
the authority of an order issued under Section 438, a warrant issued under Section
439 or a warrant under Section 386.3;
(b)
an order issued under Section 438 is obtained;
(c)
a warrant issued under Section 439 is obtained;
(d)
a warrant issued under Section 386.3 is obtained;
(e)
the delay necessary to obtain an order under Section 438, to obtain a warrant
under Section 439 or to obtain the consent of the occupier would result in an
immediate danger to the health or safety of any person; or,
(f)
the municipality has given notice of its intention to enter to the occupier of the
land as required under subsection 435 (2) and the entry is authorized under
Section 79, 80 or 446. 2006, c. 32, Sched. A, s. 184.
NOW THEREFORE, the Council of The Corporation of The City of Dryden enacts as follows:
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TABLE OF CONTENTS
SECTION 1- DEFINITIONS ........................................................................................................................... 4
SECTION 2 - GENERAL PROVISIONS ........................................................................................................... 7
2.1
SHORT TITLE ............................................................................................................................... 7
2.2
SCOPE .......................................................................................................................................... 7
2.3
ENFORCEMENT, POWERS OF ENTRY .......................................................................................... 7
2.4
CONFLICTS WITH OTHER BY-LAWS ........................................................................................... 7
2.5
SEVERABILITY ............................................................................................................................. 7
SECTION 3 - REGISTRATION OF DOGS ....................................................................................................... 8
3.1
REGISTRAR .................................................................................................................................. 8
3.2
REQUIREMENT TO REGISTER ..................................................................................................... 8
3.3
REGISTRATION PROCESS ........................................................................................................... 8
3.4
ISSUANCE OF DOG TAG ............................................................................................................... 8
3.5
REPLACEMENT TAGS ................................................................................................................... 8
3.6
REGISTRAR'S RECORDS .............................................................................................................. 9
SECTION 4 - DOG, CAT AND ANIMAL .......................................................................................................... 9
4.1
DOG(S) TO WEAR TAG ................................................................................................................. 9
4.2
NUMBER OF DOGS AND CATS ..................................................................................................... 9
4.3
AT LARGE ..................................................................................................................................... 9
4.4
OWNER NOT TO PERMIT TRESPASS ......................................................................................... 10
4.5
REQUIRED TO STOOP AND SCOOP ........................................................................................... 10
4.6
OWNER NOT TO PERMIT NOISE ............................................................................................... 10
4.7
NO PERSON TO HARBOUR ........................................................................................................ 10
4.8
KENNEL PERMITS ...................................................................................................................... 10
4.9
OFF-LEASH RECREATIONAL AREAS .......................................................................................... 10
SECTION 5 - DANGEROUS ANIMALS ......................................................................................................... 11
5.1
PERMIT BITE, ATTACK OR AGGRESSION ................................................................................. 11
5.2
ORDER TO MUZZLE .................................................................................................................... 11
5.3
REQUIREMENTS OF OWNER OF DANGEROUS DOG .................................................................. 11
5.4
APPLICATION TO LIFT DECLARATION ..................................................................................... 12
SECTION 6 - SEIZE AND IMPOUND ........................................................................................................... 12
6.1
SEIZURE AND IMPOUNDMENT ................................................................................................. 12
6.2
PROTECTIVE CARE .................................................................................................................... 13
6.3
FEES ........................................................................................................................................... 13
6.4
TRAP REGULATIONS ................................................................................................................. 14
SECTION 7 - KEEPING OF BACKYARD HENS AND FARM ANIMALS .......................................................... 14
7.1
BACKYARD HENS (FEMALE CHICKENS) .................................................................................... 14
7.2
HEN COOP CONSTRUCTION ...................................................................................................... 14
7.3
HEN COOP MAINTENANCE ........................................................................................................ 15
7.4
GENERAL PROHIBITIONS ......................................................................................................... 15
7.5
KEEPING OF ANIMALS FOR FARM USE ..................................................................................... 15
SECTION 8 - PROHIBITED ANIMALS ......................................................................................................... 15
8.1
GENERAL PROHIBITIONS ......................................................................................................... 15
8.2
PROHIBITED ANIMALS LISTING .............................................................................................. 15
8.3
EXEMPT PLACES OR CIRCUMSTANCES ..................................................................................... 16
SECTION 9 - INTERFERENCE ..................................................................................................................... 17
9.1
INTERFERE WITH OFFICER, TRAP ............................................................................................ 17
SECTION 10 - EXEMPTIONS....................................................................................................................... 17
10.1 POLICE DOG EXEMPT ................................................................................................................ 17
SECTION 11 - PENALTIES .......................................................................................................................... 17
11.1 GENERAL PENALTIES ................................................................................................................ 17
SECTION 12 - REPEAL ................................................................................................................................ 17
SCHEDULE OF SET FINES ............................................................................................................................ 18
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SECTION 1- DEFINITIONS
Definitions of words, phrases and terms used in this by-law that are not included in the
list of definitions in this section shall have the meanings which are commonly assigned to
them in the context in which they are used in this by-law.
The words, phrases and terms defined in this section have the following meaning for the
purpose of this by-law.
"animal" - means a member of the animal kingdom, other than a human;
"animal for research act" - means the Animal for Research Act, R.S.O. 1990, c. A.22, as
amended;
"at large" - means a dog, cat or animal being in a place other than a property owned or
occupied by its owner and not under the effective control of the owner or a responsible
person acting on behalf of the owner;
"by-law enforcement officer" - means the person or persons duly appointed by Council
as Municipal Law Enforcement Officers and/or Animal Control Officers for the purpose of
enforcing all regulatory by-laws and the City's Animal Control By-Law;
"cat" - means a male or female feline of any breed or crossbreed of domesticated cat;
"City" - means The Corporation of The City of Dryden;
"control" - includes care and custody;
"coop" - means a fully enclosed weatherproof shelter containing perches for hens to
sleep on, food, water containers, and nest boxes for egg laying;
"council" - means the Municipal Council of The Corporation of The City of Dryden;
"dangerous cat" - means a cat that has attacked or bitten a person, dog, cat or animal
as determined by the By-Law Enforcement Officer in accordance with Section 5 herein;
"dangerous dog" - means a dog that has attacked or bitten a person, dog, cat or animal
as determined by the By-Law Enforcement Officer in accordance with Section 5 herein;
"dog" - means a male or female of the domesticated canine species;
"dog owners liability act" - means the Dog Owners Liability Act, R.S.O. 1990, c. D.16, as
amended;
"dog tag" - means a dog tag issued pursuant to this by-law;
"dwelling unit" - means a suite operated as a housekeeping unit, used or intended to be
used as a domicile by one or more persons and usually containing cooking, eating, living,
sleeping and sanitary facilities;
"effective control" - means to be in the care and custody of a responsible person;
"farm animals" - means domestic fowl, pigeons, cattle, goats, swine, horses, rabbits,
mink, and foxes;
"feed(s)/feeding" - means the regular or intermittent supply of food or allowing the
placing or maintenance of a supply of food on a regular or intermittent basis, which food
is accessible to or accessed by a dog, cat or animal;
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"fire chief" - means the head of the City of Dryden Fire Service as designated by Council;
"harbour" - means living with, having care and control of, feeding, leaving food in a
manner that is likely to attract a dog, cat or animal to a property, and shall also specifically
include a situation in which any person provides food to any dog, cat or animal whether
domesticated or feral;
"hen" - means a domesticated female chicken that is at least sixteen weeks old;
"hen run" - means a covered secure enclosure that allows hens, not roosters, access to
the outdoors;
"interfere" - means to get involved or involve oneself in an investigation or action of a
By-law Enforcement Officer without invitation;
"keeps/keeping" - means to own, keep, harbour, maintain or feed a cat, dog, or animal;
"kennel" - means any building, collection of buildings or a property in which dogs or cats
are housed, maintained, and/or bred on a regular, ongoing basis;
"leash" - means a restraining device, by which a dog, cat or other animal is held in check;
"leashed" - means restrained by a leash securely attached to the dog or cat and a person
or object;
"lot line" - means the boundary line between adjoining properties and/or the boundary
line between a property and a highway, laneway, municipal sidewalk or municipal road
allowance;
"maintain" - means to carry out repairs to any part or parts of a fence or structure
retention equipment, muzzling device, or other such equipment necessary so it can
properly perform its intended function;
"medical officer of health" - means the Medical Officer of Health of the Northwestern
Health Unit;
"microchip" - means an approved "Canadian Standard" encoded identification device
implanted into a dog or cat which contains a unique code that permits or facilitates access
to owner information, including the name and address of the owner, which is stored in a
central database;
"municipality" - means the land within the geographic limit of the City of Dryden;
"muzzle" - means a humane fastening or covering device over the mouth of a dog and
of sufficient strength to prevent the dog from biting;
"noise(s)" - means unwanted sound;
"Off-leash Recreational Area" - means an area designated by Council, indicated by posted
signage approved and installed by the Department of Community Services, where off-
leash dogs are permitted. Also includes a "dog park".
"owner" - when used in relation to a dog, cat, or animal, means a person who possesses
or harbours the dog, cat or animal;
"paramedic" - means a person employed to provide emergency medical services;
"person" - means an individual, firm or corporation;
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"police dog" - means a dog trained to aid law enforcement officers and used by such
officers in the execution of their duties;
"police officer" means a member of the Ontario Provincial Police;
"pound" - means premises that are used for the detention of dogs or cats that have been
impounded pursuant to this by-law or the Dog Owners Liability Act;
"pound act" - means the Pound Act. R.S.O. 1990, c. P.17, as amended;
"premises" - means the entire lot on which a single dwelling unit or multi-dwelling unit
building is situated;
"private property" - means property which is privately owned and is not property owned
by the City;
"provincial offences act" - means the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended;
"public nuisance" - means any activity or thing which unreasonably interferes with the
public's interest in questions of health, safety, morality, comfort or convenience;
"public property" - includes all lands owned by the City, any local boards, any
corporations owned or controlled by the City and includes all Crown lands;
"registrar" - means the City of Dryden Finance Department, or their delegate, pursuant
to this by-law;
"reasonable amount of time" - means no less than minimum detention period seventy-
two (72) hours as prescribed by the Legislation or Regulations;
"responsible person" - means a person having the strength and capacity to securely
control a dog so as not to permit or allow the unwanted contact with another person,
dog, cat or animal;
"run/running at large" - means to be found in any place other than the premises of the
owner of the dog, cat or animal and not under the control of a person in such a manner
as to prevent escape;
"secured" - means fixed closed by means of a clip, latch, or lock and hasp;
"service animal" - means any animal used by a person with a disability for reasons relating
to the disability where it is readily apparent that the animal is used by the person for
reasons relating to their disability; or where the person provides a letter from a health
professional confirming that they require the animal for reasons relating to their disability
or a valid identification card signed by the Attorney General of Canada or a certificate of
training from a recognized guide dog or service training school. Does not include an
"Emotional Support Animal" or any variation thereof;
"suite" - means a single room or series of rooms of complementary use, operated under
a single tenancy, and includes dwelling units, individual guest rooms in motels, hotels,
boarding houses, rooming houses and dormitories;
"tag" - in reference to a dog means a dog tag;
"tattoo" - means a permanent ink marking for identification purposes;
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"Trap-Neuter-Release Program" - means a program carried out with the objective to trap
feral and/or stray cats, having said cats spayed or neutered, vaccinated, and immediately
returned to the trap site and released;
"veterinarian" - means a person registered or licensed under the Veterinarians Act;
"veterinarians act" - means the Veterinarians Act, R.S.O. 1990, c. V.3, as amended;
"zoning by-law" - means all current by-laws and amendments thereto and any
subsequent by-laws which may be enacted in substitution thereto under the Planning Act
with respect to land use within the City.
SECTION 2 - GENERAL PROVISIONS
2.1
SHORT TITLE
This By-law shall be cited as the Animal Control By-Law.
2.2
SCOPE
Except where otherwise provided, the provisions of this by-law shall apply to all
persons and property within the geographic limits of the City of Dryden.
2.3
ENFORCEMENT, POWERS OF ENTRY
(1)
This by-law shall be enforced by those designated by Council as a By-Law
Enforcement Officer, or any member of the Ontario Provincial Police.
(2)
A By-Law Enforcement Officer or Police Officer may enter without a warrant onto
any private property and into any building, place, or receptacle not actually being
used as a dwelling, without the consent of the owner of the property, at any
reasonable time for the purpose of removing animals in accordance with this by-
law or carrying out an inspection to determine whether this by-law, or any
direction, notice or order made under this by-law is being complied with.
(3)
A By-Law Enforcement Officer or Police Officer may enter into any building,
receptacle or place actually being used as a dwelling only under the authority of:
a)
the consent of the occupier is obtained, with the occupier first having been
informed that the right of entry may be refused;
b)
a Search Warrant issued pursuant to the Municipal Act;
c)
an Order issued pursuant to Section 438 of the Municipal Act; or,
d)
Section 437(e) of the Municipal Act, where the delay necessary to obtain an
order under section 438, to obtain a warrant under section 439 or to obtain the
consent of the occupier would result in an immediate danger to the health or
safety of any person.
2.4
CONFLICTS WITH OTHER BY-LAWS
Where a provision of this by-law conflicts with a provision of another by-law in
force in the City, the provision that establishes the higher standard in terms of
protecting the health, safety and welfare of the general public and the
environmental wellbeing of the municipality, shall prevail to the extent of the
conflict.
2.5
SEVERABILITY
Should any section of this by-law be declared by a Court of competent jurisdiction
to be ultra vires or illegal for any reason, the remaining sections shall nevertheless
remain valid and binding, and shall be read as if the offending section or part had
been struck out.
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SECTION 3 - REGISTRATION OF DOGS
3.1
REGISTRAR
(1)
The Registrar is responsible for the issuance of tags and may, from time to time,
appoint agents for the issuance of tags as they may consider necessary. The
Registrar may revoke any such appointment for any reason as the Registrar may
determine.
3.2
REQUIREMENT TO REGISTER
(1)
Except as provided to the contrary in this by-law, every owner of a dog shall
register the dog with the Registrar on or before January 31st in each year that they
are the owner of that dog.
(2)
Every person who becomes the owner of a dog after January 31st in any year shall
register the dog with the Registrar within 14 days of becoming the owner of the
dog and on or before January 31st in each year thereafter.
(3)
The registration of a dog shall expire upon the earliest of:
a)
the transfer of ownership of the dog for which it was issued;
b)
the death of the dog for which it was issued; or,
c)
January 30th of the year after in which it was issued, unless the tag is a
"Lifetime" tag, which has no annual expiration date.
3.3
REGISTRATION PROCESS
(1)
Every person who applies to the Registrar to register a dog, shall:
a)
provide the name, physical and mailing address and telephone number of the
owner of the dog;
b)
provide the address where the dog is to be situated in the City;
c)
provide the name, colour, breed, age, and sex of the dog;
d)
disclose the dog's microchip identifier or tattoo details if applicable;
e)
disclose if the animal is a Service Animal;
f)
provide proof of spay or neuter if required; and,
g)
pay the required registration fee as outlined in the Fees and Charges By-Law,
as amended.
3.4
ISSUANCE OF DOG TAG
(1)
Upon the applicant providing all information and documentation required by the
Registrar, and paying the appropriate fee(s), the Registrar shall register the dog
and shall issue to the applicant a dog tag, which bears a unique number, shows
the year of issue and such other information as may be determined by the
Registrar.
(2)
Every owner of a registered dog shall advise the Registrar in writing within 14 days
thereafter of any:
a)
change of address or phone number of the owner of the dog;
b)
sale or other transfer of ownership of the dog.
(3)
The Registrar shall have the right to cancel the registration of a dog in the event
that the registration fee is not paid in full, through error, as a result of a cheque
being returned marked 'Not Sufficient Funds', a debit or credit card being refused
or for any other reason.
3.5
REPLACEMENT TAGS
(1)
The Registrar shall issue a replacement dog tag to the owner of a registered dog
upon;
a)
application of the owner;
b)
evidence satisfactory to the Registrar that the tag was lost or damaged;
and,
c)
payment of the prescribed replacement tag fee.
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3.6
REGISTRAR'S RECORDS
(1)
The Registrar shall maintain records of all dog tags and replacement tags issued
by the Registrar in each calendar year and shall update such records as information
is received pursuant to Sections 3.3 (1) and 3.4 (2).
(2)
Where there are any disagreements between the Registrar's records and any
claims made by an owner, the Registrar's records shall be deemed correct.
(3)
In addition to information collected under Sections 3.3 (1) and 3.4 (2), the records
under Section 3.6 (1) may include:
a)
the particulars of any evidence provided in support of a fee reduction; and,
b)
other information as the Registrar determines to be necessary.
SECTION 4 - DOG, CAT AND ANIMAL
4.1
DOG(S) TO WEAR TAG
(1)
Every owner of a dog shall keep the tag securely fixed on the dog at all times.
(2)
Notwithstanding Section 4.1 (1), an owner need not keep the tag on their dog:
a)
while the dog is within the dwelling unit of its owner;
b)
while the dog is being lawfully used for hunting in the bush, and the tag is
produced upon request of a By-Law Enforcement Officer or member of the
Ontario Provincial Police; or,
c)
where a veterinarian has determined it is necessary to remove the tag for
medical treatment of that dog.
(3)
No person shall remove a tag from a dog without the consent of the owner thereof.
(4)
No person shall attach a tag to a dog other than the dog for which it was issued.
4.2
NUMBER OF DOGS AND CATS
(1)
Except as hereinafter provided, no person shall permit more than five dogs or five
cats, or any combination thereof amounting to five total animals, to be kept in any
one household in the City of Dryden. This provision shall not apply to dogs or cats
under the age of 6 months.
(2)
These restrictions do not apply to prohibit the keeping of more than the prescribed
limit of cats and/or dogs in the following places or circumstances:
a)
on the premises of a park, zoo or animal display operated by or on behalf of
The Corporation of The City of Dryden;
b)
on the premises of an animal shelter;
c)
an animal hospital or clinic operated and supervised by a veterinarian who has
a license to practice veterinary medicine issued under the Veterinarians Act;
d)
on the premises of a university or community college where such animals are
being kept for research, study or teaching purposes, or on premises registered
as research facilities under the Animals for Research Act;
e)
on the premises of a pet shop;
f)
on the premises of any television studio where such animals are being kept
temporarily for the purpose of a television production;
g)
during transportation of such animals between the places or circumstances
listed herein;
h)
on the premises which are temporarily used for travelling shows, such as a
circus or other like shows;
i)
in a kennel lawfully operated under this by-law; or
j)
on a rural lot that has a minimum lot size of one hectare or more.
4.3
AT LARGE
(1)
No owner shall cause, allow or permit a dog, cat, or other animal to be at large
within the limits of the City of Dryden.
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(2)
No owner shall permit a dog, cat, or other animal to be at large that is not on the
premises of its owner.
(3)
While not within the dwelling unit or on the premises of its owner or occupying
private property with permission, all dogs and cats shall be leashed and under
effective control. This subsection shall not apply within an off-leash recreational
area.
4.4
OWNER NOT TO PERMIT TRESPASS
(1)
No owner shall allow or permit their dog, cat, or animal to trespass on private
property whether on a leash or not.
4.5
REQUIRED TO STOOP AND SCOOP
(1)
Every owner or person who keeps a dog or cat or other animal shall forthwith
remove excrement left by the dog, cat or animal on any lands within the City, and
dispose of such excrement in a sanitary and lawful manner.
(2)
Section 4.5 (1) shall not apply to a Service Animal.
4.6
OWNER NOT TO PERMIT NOISE
(1)
No person or owner shall permit any noise made by any dog, cat, bird or any other
animal kept or used for any purpose, which is likely to disturb the peace or comfort
of any individual in any location.
(2)
Service Animals shall be exempt from the foregoing provision while actively
engaged in their duties.
4.7
NO PERSON TO HARBOUR
(1)
No person shall keep or harbour any dog, cat or animal in a manner that adversely
impacts neighbouring properties or residents whether through offensive odours,
noise likely to disturb inhabitants, running at large of dog(s), cat(s) or animal(s),
accumulation of feces or otherwise.
4.8
KENNEL PERMITS
(1)
The owner of a kennel of pure-bred dogs, shall be registered in the register of the
Canadian Kennel Club Incorporated and registered with the City as the owner of a
kennel. The owner of the kennel shall pay an annual license fee as set out in the
Fees and Charges By-law, as amended, in respect of such pure-bred dogs.
(2)
Where any kennel is in operation as for-profit, including a home occupation or
home industry, a valid Animal Services business licence shall be obtained to
authorize such business, trade or occupation, which shall be subject to the
provisions of City of Dryden By-law # 2023-25, and any amendment thereto.
(3)
Possession of a valid business licence shall be considered to satisfy the
requirements as provided by Section 4.8 (1).
4.9
OFF-LEASH RECREATIONAL AREAS
(1)
Whereby approved signage indicating rules, directions, instructions, regulations,
prohibitions, or any other requirement(s) is erected by or on behalf of the City of
Dryden within an off-leash recreational area or otherwise on the grounds thereof,
any person located on or near the grounds of the off-leash recreational area shall
at all times obey the posted signage.
(2)
Any person, including an owner, who is witness to any dog bite, attack, display of
aggression, or any other negative behavior displayed by any dog shall forthwith
report the witnessed incident or behaviour to the City of Dryden Animal Control
Officer. Any bites and/or attacks shall also be immediately reported to the Ontario
Provincial Police.
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(3)
The following table provides a description of those areas designated by Council as
Off-leash Recreational Areas:
MUNICIPAL STREET ADDRESS
LEGAL DESCRIPTION
BOUNDARY DESCRIPTION
280 Wice Road, Dryden,
Ontario
CON 6 PT LOT 4
23R4634 PTS 1 & 3
PT PART 2 PLAN
M157 LOTS 710 TO
744, 801 TO 835
The fenced and signed area located directly
West of the "Dryden Skate Park" and within
the following boundary lines formed by
commencing at the intersecting point of
LOT 835* and FIFTH STREET*, at the
North-West corner of said lot:
a) From the point of commencement, East
along the South limit of FIFTH STREET* to
the West Limit of PARK AVENUE*;
b) South along the West limit of PARK
AVENUE* to the North limit of FOURTH
STREET*;
c) West along the North Limit of FOURTH
STREET* to the West limit of LOT 744*; and
d) North
to
the
original
point
of
commencement along the West limit of
LOTS 744* and 835*.
Note: Values marked with "*" are as indicated within Registered Plan M-157
SECTION 5 - DANGEROUS ANIMALS
5.1
PERMIT BITE, ATTACK OR AGGRESSION
(1)
No owner shall permit their dog, cat, or animal to attack, bite or show aggression
towards any person, dog, cat or any other animal.
5.2
ORDER TO MUZZLE
(1)
Where a By-Law Enforcement Officer or Police Officer is satisfied that a dog, cat
or animal has attacked or bitten a person or animal or has been threatening or
aggressive towards a person or animal without being provoked, and has further
been provided with satisfactory evidence as to the name and address of the owner
of the dog, cat or animal, the By-Law Enforcement Officer or Police Officer shall
serve notice on the owner of the dog, cat or animal that the dog, cat or animal is
deemed to be a dangerous dog, cat or animal and require the owner to comply
with any or all requirements as set out in Section 5.3. Notice shall be in the form
of an "Order to Muzzle Dangerous Dog, Cat, or Animal", which may be referred to
as a "Muzzle Order" or any variation thereof.
(2)
Service of notice that a dog, cat or animal has been deemed a dangerous dog, cat
or animal may be effected on the person who shows in the City's records as the
owner of the dog, cat or animal, or where the dog, cat or animal does not appear
to be registered pursuant to this by-law, on such other person who appears to be
the owner of the dog, cat or animal. Service may be affected by personal service,
by registered mail, or by posting in a conspicuous place at the address shown in
the records of the City as the address of the owner of the dog, cat or animal, or
where the dog, cat or animal is not registered under this by-law, at such address
as appears to be the address of the owner of the dog, cat or animal. Service of
the notice shall be effective upon the date that a personal service is affected or
where served by registered mail or by posting, shall be deemed effective on the
third day after mailing or posting as the case may be.
(3)
Any person and/or owner served with a Muzzle Order shall comply with or ensure
compliance with the Order at all times.
5.3
REQUIREMENTS OF OWNER OF DANGEROUS DOG
(1)
Every owner of a dangerous dog, cat or animal shall at all times when the
dangerous dog, cat or animal is not in the owner's dwelling unit, but otherwise
within the boundaries of the owner's premises, ensure that:
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a)
the dangerous dog, cat or animal is muzzled so to prevent it from biting a
person or animal;
b)
the dangerous dog, cat or animal is securely leashed on a leash which does
not allow it to go beyond the lot line(s) of the owner's lands; or the
dangerous dog, cat or animal is confined within a secure structure in a good
state of repair so as to prevent escape; and
c)
a warning sign stating 'beware of dog' is posted in a conspicuous place so as
to be visible from the road and/or regular point of entry to the property.
(2)
Every owner of a dangerous dog, cat or animal shall at all times when the
dangerous dog, cat or animal is not within the boundaries of the owner's premises;
a)
keep the dangerous dog, cat or animal under effective control of a responsible
person on a leash held by the person; and
b)
keep the dangerous dog, cat or animal muzzled.
(3)
Every owner of a dangerous dog, cat or animal shall notify the Registrar within
two (2) working days of any change in ownership or residence of the dangerous
dog, cat or animal and provide the Registrar with the new address and telephone
number of the owner.
5.4
APPLICATION TO LIFT DECLARATION
(1)
Any person who has been served notice that the dog, cat or animal in their
possession is declared dangerous may apply to the By-law Enforcement Officer to
have the declaration lifted no earlier than one calendar year from the date that
service of the notice was affected. The By-law Enforcement Officer may, at their
discretion, choose to lift the declaration and shall provide the applicant with their
decision in writing.
(2)
Should any person be unsatisfied with a decision provided under Section 5.4 (1),
they may apply to the Council of the City of Dryden by means of Delegation to
have the declaration lifted. Any decision of the Council is final and binding and
shall be provided in writing.
SECTION 6 - SEIZE AND IMPOUND
6.1
SEIZURE AND IMPOUNDMENT
(1)
A By-Law Enforcement Officer or Police Officer may seize and impound any dog,
cat or animal found at large.
(2)
Unless otherwise provided herein, any dog, cat or animal seized by a By-Law
Enforcement Officer or Police Officer under this by-law shall be impounded for four
(4) days from the time of its impoundment, inclusive of the day on which the dog,
cat or animal was impounded, and days on which the pound facility is closed.
(3)
Any dog, cat or animal at large contrary to the provisions of this by-law which in
the opinion of a By-Law Enforcement Officer or Police Officer appears to be
dangerous or rabid and to be a threat to the safety of the community, and which
cannot be captured by a By-Law Enforcement Officer or Police Officer, may be
killed by a Police Officer or other duly appointed officer. The owner of the dog, cat
or animal shall not be entitled to damages or compensation on account of its killing.
(4)
Notwithstanding Section 6.1 (3), where in the opinion of a By-Law Enforcement
Officer or Police Officer, a dog, cat or animal seized under Section 6.1 (1) is injured
or should be destroyed without delay for humane reasons or for reasons of safety
to persons, dogs, cats, or animals, the By-Law Enforcement Officer or Police Officer
may have the dog, cat or animal euthanized in a humane manner as soon after
seizure as they see fit without permitting any person to claim the dog, cat or
animal, or without offering it for sale, and no person shall be entitled to damages
or compensation on account of the euthanasia.
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(5)
Any person may capture any dog, cat or animal at large and/or trespassing on
their property and, upon doing so, shall report capture of the dog, cat or animal
to the By-Law Enforcement Officer who may impound the dog, cat or animal. If
the capture of an animal is carried out by a person other than the property owner,
they must obtain written consent from the property owner.
a)
Notwithstanding Section 6.1 (5) above, if the capture of an animal is resulting
from an approved Trap-Neuter-Release Program, the animal must be released
at the location of capture after the spay, neuter and/or vaccinations have been
completed or administered.
(6)
During the impound period referred to in Section 6.1 (2) the owner of the dog, cat
or animal shall be entitled to redeem the dog, cat or animal upon:
a)
payment of the impound fees and board fees in the amount as set out in the
Fees and Charges By-law, as amended;
b)
payment of any veterinarian fees incurred for the well-being of the dog, cat or
animal; and
c)
in the case of a dog, registering the dog in accordance with this by-law if there
is no evidence the dog is already registered.
(7)
If a dog, cat or animal is not redeemed within the time frame specified in Section
6.1 (2) the By-Law Enforcement Officer may dispose of the dog, cat or animal as
they see fit without liability or notice to any person for the disposition of the dog,
cat or animal or the manner thereof.
6.2
PROTECTIVE CARE
(1)
The By-Law Enforcement Officer is authorized should they choose, upon a request
of a Police Officer, Fire Chief or their designate, or paramedic to impound a dog,
cat or animal for protective care purposes as a result of an incarceration, fire,
medical emergency, or for any other situation that the By-Law Enforcement Officer
deems appropriate and to keep such dog(s), cat(s) or animal(s) for a maximum of
five (5) days.
a) Upon incarceration, fire, medical emergency, or any other situation deemed
appropriate, the owner of a dog, cat, or animal may appoint, in writing, a caretaker
for their animal. In the event a caretaker is appointed, the caretaker is, until such
time that the owner is available to care for their dog, cat, or animal, considered
the owner of the animal and responsible for all applicable impoundment fees. The
dog, cat, or animal will not be released until all applicable fees are paid.
b) Where a caretaker is appointed by an owner and they refuse to take responsibility
for the dog, cat, or animal, Section 6.2 (1) (a) shall be deemed not applicable and
the dog, cat, or animal shall be considered impounded as per Section 6.2 (1), and
the original owner responsible for all applicable fees.
(2)
In the event that the owner of a dog, cat or animal impounded for protective care
does not claim the dog, cat or animal and pay the impound fees, as set out in the
Fees and Charges By-law, as amended, within five (5) days, then on the sixth day,
the dog, cat or animal shall be deemed to have been impounded as running at
large in accordance with Section 6.1 and impound timelines as set out in Section
6.1 (2) shall begin.
6.3
FEES
(1)
Where a dog, cat or animal is seized and/or impounded under this by-law, the
owner, if known, shall be liable for any applicable fees as set out in the Fees and
Charges By-law, as amended, and shall remit payment before the dog, cat or
animal is released to the owner. The owner shall also be liable for repayment of
any veterinary services or any other additional costs incurred by the City of Dryden
related to the care of any dog, cat, or animal, which shall be billed at a rate of cost
recovery plus a 15% administration fee.
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(2)
Notwithstanding Section 6.3 (1), in appropriate circumstances, the By-Law
Enforcement Officer may, at their discretion, waive all or part of any applicable
fees, or provide for delayed or installment payments of same.
6.4
TRAP REGULATIONS
(1)
Any dog, cat or animal captured in accordance with Section 6.1 (5) shall be:
a)
trapped in a humane manner;
b)
not kept in a trap for more than 24 hours;
c)
protected from the elements while in a trap.
(2)
No person shall use:
a)
any trap that causes or may cause injury, pain or suffering to an animal;
b)
any trap without permission being granted by the Building and Planning
Department;
c)
a killer trap, leg-hold trap, body gripping trap or snare.
(3)
An animal rescue organization may conduct a Trap-Neuter-Release Program upon
permission being granted by the Building and Planning Department. It is the sole
responsibility of the animal rescue organization to ensure all applicable Provincial
Legislation and/or Federal Statutes are followed in relation to the program. The
City will not be held responsible for any and all actions carried out by the rescue
organization, or the actions of any other persons involved with the program.
(4)
Sections 6.4 (1) and 6.4 (2) shall not apply to the trapping of an animal where the
animal is trapped by a person who is licensed by the Ministry of Natural Resources
and Forestry or are otherwise authorized by provincial or federal law to trap an
animal, and the trapping is conducted in accordance with Provincial Legislation
and/or Federal Statutes.
SECTION 7 - KEEPING OF BACKYARD HENS AND FARM ANIMALS
7.1
BACKYARD HENS (FEMALE CHICKENS)
(1)
Any persons keeping backyard hens on their property are only permitted to do so
within the City of Dryden if the following requirements have been met by the
property owner:
a)
property must be Zoned R (Rural) or RR (Rural Residential);
b)
a maximum of five (5) hens is permitted on a lot equal to and less than 0.4
hectares (1 acre) in area;
c)
a maximum of ten (10) hens is permitted on a lot greater than 0.4 hectares (1
acre) in area;
d)
hens must be kept in the rear yard, in a properly constructed enclosure that
must be located a minimum of 4.5m from a side or rear property line;
e)
hens must be kept in an enclosed hen run when not in their coop;
f)
hens kept must be 3 months of age or older, proof of which is the onus of the
person keeping such hens.
7.2
HEN COOP CONSTRUCTION
(1)
Any hen coop which is erected, used or maintained for the housing of hens must:
a)
be constructed in such a manner as to prevent the escape of the hens;
b)
be constructed in such a way as to be rodent, predator, and vermin proof;
c)
be equipped with perches and nest boxes to appropriately accommodate each
hen;
d)
be not visible from any roadway;
e)
be a minimum enclosure size of 10 square feet per hen and be equipped with
perches and nest boxes to appropriately accommodate each hen;
f)
be not located in any front yard, and;
g)
not be situated within 30 meters of surface water.
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7.3
HEN COOP MAINTENANCE
(1)
Every owner of any building which is erected, used or maintained as a hen coop
for the housing of hens shall be maintained as follows:
a)
in a clean condition and free of obnoxious odours, substances and vermin;
b)
all refuse and waste matter must be disposed of in a proper and sanitary
manner and no such refuse or waste matter shall be burned or stored on the
property.
7.4
GENERAL PROHIBITIONS
(1)
The sale of eggs, meat, manure or other products derived from the hens is not
permitted.
(2)
No owner shall cause or permit their hen to become a public nuisance by
persistently clucking. No owner shall cause or permit their hen to violate the Noise
By-law.
(3)
No owner shall cause or permit their hen to be at large.
(4)
No person shall keep a rooster.
(5)
Outdoor home slaughter of hens is prohibited, and dead stock shall be disposed
of immediately to prevent the spread of disease or the attraction of vermin.
(6)
The hens must be maintained in accordance with good animal husbandry
practices as defined by the Ministry of Food and Agriculture.
(7)
Hens must be kept enclosed in a secured hen coop from sunset to sunrise.
7.5
KEEPING OF ANIMALS FOR FARM USE
(1)
The above restrictions as outlined in Section 7.1, Section 7.2 (1) (d), (f), and
Section 7.4 (1), (4), and (5) shall not apply to properties operating as a farm and
which are zoned as Rural, as defined by the City of Dryden Zoning By-law. The
following provision must be adhered to in such circumstances:
a)
No person shall possess or harbour one or more domestic fowl unless the same
is or are housed in a suitable coop, which is to be so situated on their property
as to be not less than 300 feet from the boundary line of their property and not
less than 100 feet from any dwelling.
SECTION 8 - PROHIBITED ANIMALS
8.1
GENERAL PROHIBITIONS
(1)
Except as provided for in this by-law, no person shall keep any animal other than
a dog, cat, or prescribed animal within the City of Dryden.
(2)
Nothing herein shall give any person any right to keep animals where such an
animal is prohibited by this by-law.
(3)
In the event that any setback requirements set out herein are inconsistent with
the requirements set out in the Zoning By-Law, the requirements of the by-law
which are more restrictive shall prevail.
8.2
PROHIBITED ANIMALS LISTING
(1)
Section 8.2 does not apply to prohibit the keeping of an animal of the kind listed
in Section 8.2 (2) in the places or circumstances provided for in Section 8.3 (1).
(2)
The following animals are prohibited from being owned within the City.
a)
All marsupials (such as kangaroos and opossums)
b)
All non-human primates (such as gorillas and monkeys)
c)
All felids, except the domestic cat
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d)
All canids, except the domestic dog
e)
All viverrids (such as mongooses, civets and genets)
f)
All mustelids (such as skunks, weasels, otters, badgers, except the domestic
ferrets)
g)
All ursidae (bears)
h)
All artiodactyl ungulates, except domestic goats, sheep, pigs and cattle
i)
All procyonids (such as raccoons, coatis and cacomistles)
j)
All hyaenas
k)
All perissodactyl ungulates, except the domestic horse and ass
l)
All elephants
m)
All pinnipeds (such as seals, fur seals and walruses)
n)
All snakes of the families Pythonidae and Boidae
o)
All venomous reptiles
p)
All ratite birds (such as ostriches, rheas, cassowaries)
q)
All diurnal and nocturnal raptors (such as eagles, hawks and owls)
r)
All edentates (such as anteaters, sloths and armadillos)
s)
All bats
t)
All crocodilians (such as alligators and crocodiles)
u)
All venomous arachnids (such as scorpions and tarantulas)
(3)
Except as provided for in this by-law, no person shall possess or harbour one or
more farm animal(s)/livestock, or kennels for the breeding or boarding of cats or
dogs within the City unless the same is or are enclosed in a pen or in a fenced
area, or housed in a suitable and comfortable building, and such pen, fenced area
or building to be so situated on their property as to be not less than 300 feet from
the boundary line of their property and not less than 100 feet from any dwelling.
(4)
The provisions of this section shall not be construed as prohibiting the keeping of
any of the animals referred to in the preceding section hereof if such animal was
actually kept within the Corporate limits of the City of Dryden as of the date of
enactment hereof, the onus of proof of which shall be upon the person keeping
such animal.
8.3
EXEMPT PLACES OR CIRCUMSTANCES
(1)
Being a list of places or circumstances, which are exempt from the application of
Section 8.2(2).
a)
On the premises of a park, zoo or animal display operated by or on behalf of
The Corporation of the City of Dryden.
b)
On the premises of The Ontario Humane Society.
c)
In a veterinary hospital under the care of a licensed veterinarian.
d)
On the premises of a university or community college where such animals are
being kept for research, study or teaching purposes, or on premises registered
as research facilities under The Animals for Research Act.
e)
By anyone holding a license under any statute of the Legislature of Ontario or
the Government of Canada, which permits the keeping of animals under stated
conditions.
f)
On the premises of any television studio where such animals are being kept
temporarily for the purpose of a television production.
g)
During the transportation of such animals between the places or circumstances
listed herein.
h)
Premises which are temporarily used for travelling shows, such as a circus or
other like shows.
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SECTION 9 - INTERFERENCE
9.1
INTERFERE WITH OFFICER, TRAP
(1)
No person shall interfere with or hinder a By-Law Enforcement Officer or Police
Officer in the performance of their duties, or to seek to release any dog, cat or
animal in the custody of the City, except as herein provided.
(2)
No person shall tamper, remove or interfere with traps or equipment.
(3)
No person shall refuse to produce any documents or items required by a By-Law
Enforcement Officer or Police Officer in the exercise of a power or performance of
a duty under this by-law, and every person shall assist in entry, inspection,
examination or inquiry by an agent.
(4)
No person shall knowingly furnish false information to a By-Law Enforcement
Officer or Police Officer.
SECTION 10 - EXEMPTIONS
10.1 POLICE DOG EXEMPT
(1)
No part of this by-Law shall apply to a Police Dog or other working dog performing
their legal duties.
SECTION 11 - PENALTIES
11.1 GENERAL PENALTIES
(1)
Any person who contravenes, suffers or permits any act or thing to be done in
contravention of, or neglects to do or refrains from doing anything required to be
done pursuant to any provisions of this By-Law or any permit or order issued
pursuant thereto, commits an offence and shall be liable to a fine of not more than
$5,000 issued pursuant to the Provincial Offences Act, R.S.O., 1990, c. P.33, As
amended. Where an offence is a continuing offence, each day that the offence is
continued shall constitute a separate and distinct offence.
SECTION 12 - REPEAL
That City of Dryden By-law # 2022-24 is hereby repealed.
That this By-Law shall come into force and take effect on the day it is passed.
That any previously issued order, notice, offence notice, or any other such action issued
or taken under By-law # 2022-24 shall remain valid and in effect.
Enacted and passed this _____ day of________ 2024 as witnessed by the Seal of The
Corporation and the hands of its proper Officers.
___________________________
Mayor
___________________________
Clerk
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Corporation of the City of Dryden
SCHEDULE OF SET FINES
Animal Control By-law
Part 1 - Provincial Offences Act, R.S.O 1990
Item
Column 1
SHORT FORM WORDING
Column 2
PROVISIONS
CREATING OR
DEFINING
OFFENCE
Column
3
SET
FINE
1.
Fail to Register Dog
3.2 (1) , (2)
$105.00
2.
Fail to Display Dog Tag
4.1 (1)
$105.00
3.
Attach a Tag to Dog Other than that for which it was issued
4.1 (4)
$180.00
4.
Exceed Prescribed Limit of Dogs or Cats
4.2 (1)
$105.00
5.
Cause, allow, or permit Dog, Cat, or Animal to be at large
4.3 (1)
$105.00
6.
Fail to Leash Dog or Cat
4.3 (3)
$105.00
7.
Permit Dog, Cat, or Animal to Trespass
4.4 (1)
$105.00
8.
Fail to Remove Excrement
4.5 (1)
$105.00
9.
Fail to Dispose of Excrement in a Sanitary and Lawful manner
4.5 (1)
$105.00
10.
Permit Noise likely to Disturb Peace or Comfort
4.6 (1)
$105.00
11.
Unlawfully Keep or Harbour
4.7 (1)
$105.00
12.
Unlawfully Operate Dog Kennel
4.8 (1)
$105.00
13.
Fail to Obey Sign
4.9 (1)
$105.00
14.
Fail to Report
4.9 (2)
$250.00
15.
Fail to Comply with a Muzzle Order
5.2 (3)
$500.00
16.
Unlawful or Inhumane use of Trap
6.4 (1) (a), (b), (c)
6.4 (2) (a), (b), (c)
$250.00
17.
Unlawfully Keep Backyard Hens
7.1 (1)
$75.00
18.
Unlawful Construction of Hen Coop
7.2 (1)
$75.00
19.
Fail to Properly Maintain Hen Coop
7.3 (1)
$75.00
20.
Unlawful Sale of Products Derived from Hens
7.4 (1)
$105.00
21.
Cause or Permit Hen to become Public Nuisance
7.4 (2)
$75.00
22.
Cause or Permit Hen to be At Large
7.4 (3)
$75.00
23.
Unlawful Keeping of Rooster
7.4 (4)
$75.00
24.
Unlawfully Slaughter Hens
7.4 (5)
$75.00
25.
Fail to Immediately Dispose of Dead Stock
7.4 (5)
$105.00
26.
Keep Prohibited Animal
8.1 (2)
$105.00
27.
Fail to Comply with Fence, Building, or Boundary Requirements
8.2 (3)
$75.00
28.
Interfere with or Hinder Officer
9.1 (1)
$105.00
29.
Tamper, Remove, or Interfere with Trap or Equipment
9.1 (2)
$250.00
30.
Refuse to Produce Documents or Items
9.1 (3)
$105.00
31.
Knowingly Furnish False Information
9.1 (4)
$180.00