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THE CORPORATION OF THE TOWN OF ERIN
BY.LAW #T5.57
Being a By-law to license and
regulate the keeping of dogs,
and to repeal By-law 08-08
EREAS Section 1L of the MunicipalAct,200l-, S.O.2001, c.25 authorizes the Council of a
ier municipality to pass by-laws respecting animals;
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WHEREAS sections 435 to 439 of the Municipal Act provide for the power of entry of an
WHEREAS Section 103 of the Municipal Act confers the power upon a municipality to pass a
aw to provide for the seizure and impounding of animals being at large or trespassing and the
of impounded animals under certain conditions;
WHEREAS Section 105 of the Municipal Act requires that Council afford dog owners hearings
respect to muzzle orders;
WHEREAS Section t29 of the Municipal Act confer the power upon a municipality to pass a
aw prohibit and regulate noise;
WHEREAS Section 23.1 authorizes a municipality to delegate its powers and duties;
WHEREAS section 391of the MunicipalAct enables a municipalityto pass by-laws imposing
or charges on persons for services or activities provided or done by or on behalf of iU
cer to determine compliance with a by-law;
THEREFORE the Council of the Corporation of the Town of Erin hereby enacts as follows:
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1.
DEFINITIONS
ln this By-law:
"Appeal Committee" means a committee composed of members of Council for the purpose
of conducting hearings under this By-law;
"At Large" means being at any place other than the premises of the owner of the dog and
not under the control of the owner, except where the owner of the property permits the
dog to be on his or her property;
"Council" means the Council of the Corporation of the Town of Erin;
"Dag" means a domesticated canine animal, male orfemale, overthe age of three (3)
months;
"Euthanized" means humanely destroyed;
"Guide Dog" shall mean a dog trained or in training and certified for a guide for the blind,
hearing impaired, or other disability, and used as such;
"lmpoundment Fee" is the daily charge that may be collected by the poundkeeper
"Kennel" means a building or structure or part thereof whereby dogs are kept tor
remuneration for the purpose of breeding, boarding, housing, feeding and/or maintenance
but does not include a dwelling unit;
"Kennel License" means a license for a kennel issued by the Town;
"License" means a license for a dog issued by the Town in the form of a tag for the dog;
"Muzzle" means a humane fastening or covering device made of metal, plastic, leather, or
a combination of these materials that does not interfere with the breathing, panting, ability
to drink, orvision of the dogwhen f¡tted and fastened overthe mouth of the dog, butthat
is sufficient strength to prevent the dog from biting;
"Muzzle Order" means an order issued by an officer for a muzzle to be put on a dog;
"Officer" means a Police Officer, Municipal Law Enforcement Officer or other person
appointed by the Town to enforce this by-law, and includes the poundkeeper;
"Owner" of a dog includes a person who possesses or harbours a dog, and, where the
owner is a minor, the person responsible for the custody of the minor;
"Police Work Dog" shall mean a dog trained to aid law enforcement officers and used by
such officers in the execution of their duties;
"Pound" shall mean such premises and facilities designated as a Town Dog Shelter and
Pound;
"Poundkeeper" shall mean the person appointed as such by By-law of the Town;
"Premises" includes a dwelling unit, a house or building and the land or premises on which
the building or house is situated or attached;
"TaB" shall mean a tag issued by the Town indicating the year and number issued;
"Town" means the Corporation of the Town of Erin;
"Under the control of" means when a dog is unleashed, that the dog is close to the owner,
within sight and earshot of its owner, and that ¡t responds to voice commands and it is
prevented from approaching within one (1) metre of any animal or person without such
person's consent.
2.
ADMINISTRATION
2.7
This By-law shall be administered by an Officer, and by such other person contracted and
appointed to do so by by-law.
3.
LICENSING
3.1
Every calendar year, an owner of a dog shall obtain a license for the dog from the Town.
The license shall be obtained beforethe 31st dayof March of each calendaryear, unless
the dog came into the owner's possession or care after that date.
Where a dog comes into the possession of an owner after the 31st day of March, the
owner shall immediately obtain a license for the dog.
Notwithstanding any other provision in this by-law, the owner of a guide dog or a police
work dog is not required to obtain a license from the Town.
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The Town may require the owner of a dog to establish to the Town's satisfaction that the
is a guide dog or a police work dog.
Every owner of a dog shall affix the tag to the collar of the dog when off its own property
APPLICATION FOR A LICENSE
An application for a license or renewal of a license shall be completed on a form provided
by the Town.
An application for a License shall be submitted to the Town together with the appropriate
license fee as provided for in The Corporation of the Town of Erin Fees and Charges By-law
An owner of a dog shall obtain a replacement tag in the event the tag is lost and pay the
appropriate fee as provided for in The Corporation of the Town of Erin Fees and Charges
By-law.
No owner shall permit a dog to wear a tag other than the one issued for that dog
KENNELS
Every calendar year, a person who keeps or operates a kennel must obtain a kennel license
from the Town.
Every person who keeps or operates a kennel shall comply with the following
requirements:
(a)
The kennel building shall be a separate building and shall not be attached to any
building used or capable of being used for human habitation.
(b)
The kennel building and its location shall conform to the Town's zoning by-law and
the Ontario Building Code and the building shall be maintained in damage-free
condition.
(c)
The kennel building shall be no less than 150 metres from any property line
including the property line of a road allowance.
(d)
The kennel building shall be no less than 300 metres from a dwelling on a separate
lot.
(e)
ln the case wherethe lot of a proposed kennel abuts a vacant lot, the kennel
building shall be no less than 300 metres from the vacant lot.
(f)
The kennel building shall have a floor of concrete or other impermeable material
The floor of the kennel building shall have a drain opening constructed as a
plumbing fixture connected to the sanitary sewer maintained in functioning
condition at alltimes.
(e)
(h)
(t)
The kennel floor shall be thoroughly cleaned daily or more often if necessary to
keep the floor clean
Any cage shall be adequately sized to allow the dog to extend its legs to their full
extent, to stand, sit, turn around, or lie down in a fully extended position.
Cages are to be constructed solely of metal, or wire, or partly of wire, and shall have
metal or other impermeable bottoms, which shall be cleaned and washed daily, or
more often, if necessary to keep clean.
(i)
(k)
The kennel building shall have:
i)
i¡)
¡¡i)
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v)
electric lighting;
windows which may be opened for proper ventilation;
a heating system sufficient to adequately heat the building;
hot and cold running water; and
a food preparation area.
(t)
The yards and runways associated with a kennel shall be completely enclosed with a
solidly constructed fence so as:
i)
to fully obstruct the visibility of the neighbouring properties from the dogs;
and
i¡)
to prevent the dogs from escaping from the premises.
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Every person who holds a kennel license, shall comply with the following requirements
(a)
The license shall be exposed at alltimes in a conspicuous place in the interior of the
kennel.
(b)
The kennel shall be maintained in a sanitary, wellventilated, clean condition, and
free from offensive odours.
(c)
The dogs shall be kept in sanitary, well bedded, well ventilated, lighted, clean
quarters and a healthfultemperature shall be maintained at alltimes.
(d)
The dogs shall be adequately fed and watered periodically each day and kept in a
clean, healthy condition, free from vermin and disease.
(e)
An exercise area, yard or runway shall be provided so as to enable each dog to
exercise freely and easily so as to maintain physical health and well being.
(f)
The exercise area, yard or runway associated with the kennel shall be cleaned at
least once daily when in use.
The excreta, dead animals and other waste resulting from the keeping of dogs shall
be removed from the premises as necessary.
lf the kennel is found not to conform to the requirements set out herein, an Officer may
direct that the dogs be seized and impounded, at the owner's expense, and may revoke the
license issued.
EXCREMENT
Every owner of a dog shall remove forthwith any excrement left by the dog on any
property including a highway.
Section 6.1does not apply to a person reliant on a guide dog or a person in control of a
police work dog, when such dog is in the actual execution of its duties.
RUNNING AT LARGE
No person shall cause or permit his or her dog to run at large within the Town
Section 7.1 does not apply to a police work dog, when the dog is in the course of
performing its duties.
(e)
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No person shall abandon or discard a dog within the Town
LEASHING
Every owner of a dog shall keep the dog leashed or under the control of a person when the
dog is on land in the Town, other than the owner's property, unless prior consent is given
by the person owning the land on which the dog is found.
Section 8.1does not applyto guide dogs or police work dogs, when these dogs are in the
course of performing their duties.
KEEPING OF DOGS & NO¡SE
Any building, structure, pen or run used or intended to be used for the keeping of a dog
shall be at least 1.5 metres (5 feet)from the boundary of the property upon which it is
located.
No operator of a kennel or owner shall permit a dog to make noise which disturbs the
peace, quiet, comfort or repose of any inhabitant of the Town at any time.
No person shall keep a dog permanently outdoors unless the dog is provided with a
structurally sound, weather-proof insulated enclosure, of suitable size, with off the ground
flooring.
Every owner shall keep a dog in clean and sanitary conditions
Every person who keeps a dog in the Town of Erin shall provide the dog or cause it to be
provided with such food, water, exercise, attention, and veterinary care as may be required
from time to time to keep the dog in good health.
No person in the Town of Erin shall keep a dog tethered on a chain, rope or similar
restraining device of less than three metres in length.
Every person who has tethered an animal shall ensure that at all times, the animal has
unrestricted movement within the range of the tether, and that the animal shall not suffer
injury as a result of the tethering.
OWNERS TO TAKE PRECAUTIONS
An owner of a dog shall exercise reasonable precautions to prevent the dog from
(a)
biting or attacking a person or animal; or
(b)
behaving in a manner that poses a threat to the safety of persons or
animals.
SEIZURE OR IMPOUNDMENT
Any dog found at large contrary to this By-law may be seized by an Officer
An Officer may take possession of a dog for the purpose of providing protective care to it at
any time when the Officer deems it necessary to provide protective care to the dog.
A dog seized under this By-law shall be impounded at the Town pound for a period of three
(3) days, exclusive of the dayon which the dogwas impounded.and statutory holidays and
Sundays, unless:
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(a)
The dog is redeemed by the owner during this period of impoundment in
accordance with the provisions of this By-law; or
(b)
The dog was seized for the purpose of providing protective care to it; or
(c)
ln the opinion of the Officer, the dog should be euthanized or receive veterinary
care immediately.
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The owner of a dog impounded under this By-law may redeem the dog upon:
(a)
payment of the appropriate impoundment and maintenance fees as provided for in
The Corporation of the Town of Erin Fees and Charges By-law; and
(b)
production of a valid license for the dog
lf a valid license can not be produced under section 11.4 (b), the owner of the dog shall
obtain a license for the dog in accordance with the provisions of this By-law.
lf a dog is not redeemed within the time period specified in this By-law, the dog shall
become the property of the Town or its contractor and may be:
(a)
put up for adoption;
(b)
euthanized by the Town or its contractor.
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An Officer may euthanize a dog without delay without permitting any person to redeem it
if:
(a)
the dog seized and impounded under this By-law is seriously injured or ill and
should be euthanized without delay for humane reasons; or
(b)
euthanasia of the dog seized and impounded under this By-law is necessary for the
safety of persons.
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Where, in the opinion of an Officer, a dog seized and impounded under this By-law is
injured and requires the services of a veterinary surgeon, the Officer shall arrange for such
services and, in addition to any amount charged underthis By-law, be entitled to charge
the owner of the dog the cost of the veterinary care to the dog.
Where a licensed dog is impounded and the pound keeper has not been able to contact the
owner of the dog, the dog shall not be sold or destroyed without first delivering a notice to
the owner of the dog. Notice shall be delivered personally or by registered mailto the
address shown on the Dog License Application Form. The notice shall state that if the dog
is not claimed by a specified date, the dog will be sold or destroyed without further notice
or recourse.
MUZZLING OF DOGS
L Where an Officer has reason to believe that a dog has bitten a person or an animal, the
Officer may issue a muzzle order to the owner of the dog.
2 The Officer may impose conditions on the muzzle order to ensure the health and safety of
the owner, the dog, and other persons and animals.
3 A muzzle order may be served by:
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a)
delivering it personally to the owner of the dog; or
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b)
by posting it up in a conspicuous place on the premises of the owner; or
sending it by registered mail to the last known address of the owner of the dog.
c)
Service of a muzzle order served by registered mail is deemed to be made on the seventh
day after the day of mailing.
Notwithstanding any other section of this By-law, when a muzzle order has been served
the owner of a dog shall:
a)
not permit the dog to be off the premises of the owner unless it is properly leashed
and muzzled; and
b)
ensure that the dog does not bite, chase or attack a person or a domestic animal on
any property, including that of the owner; and
c)
either tether the dog on a chain capable of restraining the dog or confine it within a
fenced yard capable of preventing the dog from escaping; and
d)
put the dog under the control of a person at least sixteen (L6) years of age when
the dog is not on the owner's premises; and
e)
notify the Officer within five (5) days of transfer if the dog is transferred to a new
location or if the ownership of the dog is transferred to another person; and
f)
not contravene any other conditions imposed in the muzzle order; and
s)
shall within seven (7) days purchase a Dangerous Dog warning sign from the Town
and place it in a conspicuous place at the entrance to the owner's premises
indicating the presence of a dog.
A muzzle order expires when the dog dies or the Officer is satisfied that it no longer resides
in the Town.
Where an owner has been issued a muzzle order by a court of competent jurisdiction, the
owner shall, in addition to complying with allthe conditions listed in the muzzle order,
within seven (7) days of being issued the muzzle order, purchase a Dangerous Dog warning
sign from the Town and place it in a conspicuous place at the entrance to the owner's
premises indicating the presence of a dog.
¡JFAÞINê R,FEô RE AN APPEAL COMM ITTEE
Where a muzzle order has been issued, the owner of the dog may apply for a hearing to
appeal the order to the Appeal Committee,
An application for a hearing shall be made in writing and delivered to the Town Clerk within
thirty (30) days after the muzzle order has been served.
An application for a hearing shall be accompanied by the appropriate fee as provided for in
The Corporation of the Town of Erin Fees and Charges By-law.
Notice of a hearing shall be served on the owner at least seven (7) days prior to the
hearing. Service shall be affected in accordance with sections 12.3 and 12.4 of this By-law
Notice of a hearing shall include:
A statement of the facts by the Officer;
Date, time and place of the hearing;
a)
b)
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c)
A statement that if the owner does not attend the hearing the Committee may
proceed in his/her absence and the owner is not entitled to any further notice
regarding the proceedings.
When a hearing date before the Appeal Committee has been fixed and the owner who has
been given notice of the hearing does not attend at the appointed time and place, the
Appeal Committee may proceed in the absence of the owner and the owner will not be
entitled to any further notice in the proceedings.
At the conclusion of a hearing, the Appeal Committee shall, as soon as practicable, make a
decision, which shall:
a)
set out the findings of fact made by the Appeal Committee and its decision.
The Appeal Committee may uphold the muzzle order as issued bythe Officer, exemptthe
owner in whole or in part from the requirements under the muzzle order and subject to
any conditions the Appeal Committee deems appropriate.
A decision by the Appeal Committee is final and binding. The owner of the dog is not
entitled to a further hearing on the matter.
0 An application made by the owner for a hearing under this By-law does not act as a stay of
the muzzle order which shall take effect on the date it is served or deemed served, and
shall continue to be effective untilthe Appeal Committee renders a decision indicating
otherwise.
DELEGATION OF AUTHORITY
Council hereby delegates the authority to make final decisions for the purposes set out in
this By-law to the Appeal Committee.
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DAMAGES AND COMPENSATION
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The Town, its officers, employees and agents shall not be liable for damages or
compensation for any dog euthanized under the provisions of th¡s By-law and no such
damages or compensation shall be paid to any person.
SEVERABILITY
lf a court of competent jurisdiction declares any section or part of this By-law invalid, it is
the intention of Council that the remainder of the By-law shall continue in force.
SINGULAR AND PLURAL USE
ln this By-law, unless the context otherwise requires words importing the singular shall
include the plural and use of the masculine shall include the feminine, where applicable
ENFORCEMENT AND PENALTY PROVISIONS
The enforcement of this By-law shall be conducted by an Officer
An Officer may enter on land at any reasonable time for the purpose of carrying out an
inspection to determine whether or not the By-law is complied with.
Despite any provision of this By-law an Officer exercising a pow.er of entry on behalf of the
Town under this By-law shall not remain in any room or place actually being used as a
dwelling unless 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
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the authority of an order issued under section 438 of the MunicipalAct, as amended, or a
warrant issued under section 439 or 386.3 of the Municipal Act, as amended.
No person shall hinder or obstruct an Officer in the enforcement of this By-law
Any person who is alleged to have contravened any section of this By-law shall identify
themselves to the Officer upon request. Failure to do so shall be deemed to have hindered
or obstructed the Officer in the execution of his duties.
Every person who contravenes any provision of this By-law is guilty of an offence and upon
conviction shall be subject to a penalty in accordance with the Municipal Act, S.O. 2001-, as
amended.
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REPEAL
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That By-law 08-08 is hereby repealed.
Pa
in Open Council on December 15, 20L5.
Mayor