By-law 2008-0138 (REG-1) - Control of Aggressive/Dangerous Dogs
Georgina, Ontario
· adopted 2008-12-15
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THE CORPORATION OF THE TOWN OF GEORGINA
INTHE
REGIONAL MUNICIPALITY OF YORK
BY-LAW NUMBER 2008-0138 (REG-1)
BEING
A
BY-LAW
TO
PROVIDE
FOR
THE
CONTROL
OF
AGGRESSIVE/DANGEROUS DOGS IN THE TOWN OF GEORGINA
WHEREAS Clause 6 of Section 11 (2) of the Municipal Act 2001, as
amended, authorizes a lower tier municipality to pass by-laws respecting
the health, safety and well-being of persons;
AND WHEREAS Clause 8 of Section 11 (2) of the Municipal Act
2001, as amended, authorizes a lower tier municipality to pass by-laws
respecting the protection of persons and property;
AND WHEREAS Clause 9 of Section 11 (3) of the Municipal Act
2001, as amended, authorizes a lower tier municipality to pass by-laws
respecting animals.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF
THE TOWN OF GEORGINA ENACTS AS FOLLOWS:
1.0
DEFINITIONS:
In this by-law,
1.1
"aggressive dog" means a dog that individually or in the
accompaniment of another dog(s) chases or approaches a
person or domestic animal in such a manner that the person
or domestic animal owner has reasonable grounds to believe
that they or their domestic animal is in imminent danger,
including but not limited to, hostile behaviour or incident such
as growling or snarling at a person or domestic animal.
1.2
"Aggressive/Dangerous Dog Declaration" means a signed
declaration in the form attached hereto as Schedule "A",
attested to and completed in its entirety by a witness who
actually saw aggressive or dangerous dog behaviour or
incident.
1.3
"Aggressive/Dangerous Dog Order" means an order in the
form attached hereto as Schedule "B", designating the dog
as aggressive or dangerous and requiring the dog to be
muzzled and restrained in accordance with this by-law.
1.4
"Animal Control Supervisor'' means a person appointed as
such by the Town or their designate.
1.5
"Appeal Committee" means a committee comprised of three
(3) persons appointed by Town Council.
1.6
"at large" means being found, while not under control by the
dog owner, any place other than the premises of the dog
owner.
1. 7
"Chief Municipal Law Enforcement Officer'' means a person
appointed as such by the Town or their designate.
1.8
"dangerous dog" means a dog that, either individually or in
the accompaniment of another dog(s):
(a)
has, in the absence of any mitigating factor, attacked,
bitten, or caused injury to a person; or
(b)
has, in the absence of any mitigating factor, injured a
domestic animal; or
-2-
(c)
having previously been designated as an "aggressive
dog", is kept or permitted to be kept in violation of the
requirements as set in Section 3.1 of this by-law.
1.9
"dog owner'' means a person who owns, possesses,
harbours or has permanent or temporary possession of a
dog, and where the owner is a minor, the person responsible
for the custody of the minor.
1.10
"domestic animal" means a horse, dog or any other animal
that is kept under human control or by habit or training lives
in association with human beings and in compliance with the
by-law regulating and prohibiting the keeping of animals
other than dogs.
1.11
"microchip implant" means an electronic device implanted
under the skin of a dog whereby the animal can be identified
by local authorities.
1.12
"mitigating factor'' means a circumstance that excuses
dangerous behaviour of a dog and, without limiting the
generality of the foregoing, may include:
(a)
aggressive behaviour while acting in defence of an
attack by a person or domestic animal; or
(b)
aggressive behaviour while acting in defence of its
young or reacting to a person or domestic animal
trespassing on the property of its owner; or
(c)
aggressive behaviour resulting from being teased,
provoked or tormented.
1.13 "muzzle" means a humane fastening or covering device of
adequate strength and design, suitable to the breed of dog,
that fits over the mouth of a dog, that can not be removed by
the dog, so as to prevent the dog from biting or attacking a
person or domestic animal.
1 .14
"police work dog" means a dog trained for and actually
engaged in law enforcement for the police or other person
duly appointed as a peace officer.
1.15
"property owner'' means the person(s) currently listed as
such on the assessment roll of the town.
1.16
"Town" means the Corporation of the Town of Georgina.
1.17 "Town Clerk" means a person appointed as such or their
designate.
1.18
"trespassing"
means
the
uninvited,
unwelcome
or
unauthorized entering onto another person's property
without permission of the owner or without lawful authority.
2.0
GENERAL PROVISIONS:
2.1
Aggressive or Dangerous Dog Designation
(a)
Upon receipt of an Aggressive/Dangerous Dog
Declaration, the Chief Municipal Law Enforcement
Officer, being satisfied that grounds exist, shall
designate the dog in question as an aggressive or
dangerous dog.
-3-
(b)
If feasible,
within
5 days
of receipt
of the
aforementioned declaration, the Chief Municipal Law
Enforcement Officer shall cause personal service
and/or
the
registered
mailing
of
the
Aggressive/Dangerous Dog Order to the dog owner.
A copy of the Order shall also be forwarded to the
property owner, if applicable.
( c)
Where a dog has been designated as aggressive or
dangerous the dog owner may request a hearing
before the Appeal Committee as required by Section
105 of the Municipal Act 2001, as amended. The
hearing request must be in writing and received by
the Chief Municipal Law Enforcement Officer within
30 days of issuance of the Aggressive/Dangerous
Dog Order.
(d)
Upon receipt of the appeal request and payment of
the required appeal hearing fee, the Chief Municipal
Law Enforcement Officer shall convene a meeting of
the Appeal Committee and shall give the dog owner,
the property owner, if applicable, and witness(s) to the
aggressive or dangerous dog incident 7 days written
notice by personal service and/or registered mail of
the date, time and location of the appeal.
( e)
Notwithstanding that a dog owner has requested an
appeal before the Appeal Committee, Sections 3.1 (a),
(b), (c), and (d)(i) of the Aggressive/Dangerous Dog By-
law remain in effect until the Appeal Committee has
rendered its decision or the expiration of 30 days from
the issuance date of the Order.
(f)
The Appeal Committee shall be governed by the
Statutory Powers Procedure Act as amended.
(g)
The applicant and any other interested person may
appear at the appeal hearing to present evidence
relating to the dog in question.
(h)
If the dog owner fails to attend at the proper time and
place, the Appeal Committee may proceed with the
appeal hearing in his or her absence and the
applicant shall not be entitled to any further notice of
the proceeding.
(i)
The Appeal Committee shall deliberate the merits of
the evidence presented and shall render a decision at
the appeal hearing or shall reserve the decision to be
presented later, not more than 10 days from the date
of the appeal hearing.
(j)
The Appeal Committee may confirm the Aggressive/
Dangerous Dog Order or exempt the dog owner from
any or all restrictions of the Order.
(k)
The decision of the Appeal Committee is final and
binding.
-4-
(I)
A written decision of the Appeal Committee shall be
prepared as soon as practical following the conclusion
of the appeal hearing and a copy shall be sent by
regular mail to the dog owner, the property owner, if
applicable, and to the Aggressive/Dangerous Dog
Declaration witness(s) at their last known address,
and also to York Regional Police, York Region Health
Services, the Animal Control Supervisor, the Chief
Municipal Law Enforcement Officer, Town Council
members, Appeal Committee members and the Town
Clerk.
3.0
GENERAL PROHIBITIONS
3.1
Designated Aggressive Dog Restrictions
Every owner of an aggressive dog shall:
(a)
License
the
dog
annually with
the
Town
in
accordance with the by-law providing for the licensing
of dogs.
(b)
Not allow the dog to be at large.
(c)
Restrain the dog when off the property as follows:
(i)
fitted with a muzzle as defined; and
(ii)
fitted with a leash, not more than 1.83 metres
(6') in length, properly secured to a collar or
harness, all of which are strong enough to
prevent the dog from breaking away, and
(iii)
controlled by a person not less than 16 years
of age.
(d)
Restrain the dog when on the property as follows:
(i)
inside the dog owner's dwelling; or
(ii)
within a yard that is entirely enclosed by a
fence not less than 1.83 metres (6') high
equipped with a lockable self closing, self
latching gate that can not be opened from the
outside by a child less than 10 years of age
and constructed so as to prevent the dog from
escaping.
(e)
Infix the dog with a microchip implant.
(f)
Sterilize the dog before the age of 6 months or within
30 days of the dog being designated as aggressive.
The dog owner shall provide proof of sterilization
immediately upon request of the Chief Municipal Law
Enforcement Officer.
(g)
Display "Beware of Dog(s)" warning signs, in a
conspicuous place, at all entrances to the property
indicating the presence of an aggressive dog.
(h)
Comply with the terms of the Aggressive/Dangerous
Dog Order as amended.
3.2
Designated Dangerous Dog Restrictions
Every owner of a dangerous dog shall:
(a)
Comply with all restrictions as noted in Section 3.1 of
this by-law.
-5-
(b)
In addition to the yard fencing requirements noted in
Section 3.1 (d)(ii), keep the Dangerous Dog fitted with
a muzzle, as defined, at all times when not secured
within the dog owner's dwelling.
(c)
Produce proof of liability insurance coverage in the
amount of not less than $25,000, to the Chief
Municipal Law Enforcement Officer, for any injuries to
a person or domestic animal caused
by the
Dangerous Dog.
(d)
Surrender the Dangerous Dog to the Town animal
shelter for humane euthanasia when the dog owner is
unable or unwilling to meet the requirements of this
by-law.
4.0
EXEMPTIONS:
4.1
This by-law shall not apply to a police work dog.
5.0
ENFORCEMENT:
5.1
The provisions of this by-law shall be enforced by a
Municipal Law Enforcement Officer.
5.2
In accordance with Section 436 of the Municipal Act 2001,
as amended, a Municipal Law Enforcement Officer may
enter property to determine if the terms of this by-law are
being met.
6.0 ·~
PENAL TIES:
6.1
Every person who contravenes any of the provisions of this
by-law, upon conviction, is guilty of an offence and is liable
to a fine pursuant to the Provincial Offences Act, as
amended.
7.0
REPEALS:
7.1
By-law 2007-0102 (REG-1) is hereby repealed.
READ a first, second and third time and passed on this 15m
day of December, 2008.
cc-=--
~---:....::..::.' __
Roland Chenier, Town Clerk
Schedule "A" to By-law 2008-0138 (REG-1}
AGGRESSIVE/DANGEROUS DOG DECLARATION
Dog Owner
Name: - --- --- ----- ----- --------- ----
Address: - - ------ ----- --------- ----- --
Description of Dog
Name of dog: ___ _________ _
Dog tag no. ___ ___ _ _
Breed of dog: ___ _ _____ ___ ___ __________ _ _
Dog colour/description: _____ ___ ___ ___ _____ _ ___ _
Rabies tag no. _ ___ ____ _
Microchip implant no. _ _ ___ ___ _
Incident Details
Address: - - --- - --- --- --- --- --- --------
Location on property: _ ___ ___ ___ _______ ___ ___ _
-or-
Location on street: - - --- --- ----- --- ---------
Details of incident: --- --- ----- --- ----- ----- -
Date of incident: --- - - - - - - -
Time of incident: _ _ ___ am / pm
Name of witness:
Phone:
- - - - - - ----- --- -
- ------
pnnl name of actual witness to the incident
Address of witness: - - ------- - - ----- ----- - - --
Signature of Witness
Signature of Chief Municipal Law Enforcement Officer or Designate
Schedule "B" to By-law No. 2008-0138 (REG-1)
AGGRESSIVE/DANGEROUS DOG ORDER
To:
Address:
Description of dog
Name:
Breed:
Colour/Description:
Dog tag no.
Rabies tag no.
Microchip implant no.
The corporation of the Town of Georgina is in receipt of a Declaration duly
executed by the Chief Municipal Law Enforcement Officer pursuant to Section 2.1
(a) of By-law No. 2008-0138 (REG-1), stating that the dog described above, on the
day of
, 20 , did
In accordance with Section 2.1 of By-law No. 2008-0138 (REG-1) the dog
described above is hereby declared as Aggressive
Dangerous
As such, in accordance with Section 3.1 of By-law No. 2008-0138 (REG-1 ), you are
hereby ordered to:
(a)
License the dog annually with the Town in accordance with the by-law providing
for the licensing of dogs.
(b)
Not allow the dog to be at large.
(c)
Restrain the dog when off the property as follows:
(i)
fitted with a muzzle as defined, and
(ii)
fitted with a leash, not more than 1.83 metres (6') in length, properly
secured to a collar or harness, all of which are strong enough to prevent
the dog from breaking away, and
(iii)
controlled by a person not less than 16 years of age.
(d)
Restrain the dog when on the property as follows:
(i)
inside the dog owner's dwelling; or
(ii)
within a yard that is entirely enclosed by a fence not less than 1.83 metres
(6') high equipped with a lockable self closing, self latching gate that can
not be opened from the outside by a child less than 10 years of age and
constructed so as to prevent the dog from escaping.
( e)
Infix the dog with a microchip implant.
(f)
Sterilize the dog before the age of 6 months or within 30 days of being
designated as aggressive. The dog owner shall provide proof of sterilization
immediately upon request of the Chief Municipal Law Enforcement Officer.
(g)
Display "Beware of Dog" warning signs, in a conspicuous place, at all entrances
to the property indicating the presence of an aggressive dog.
(h)
Comply with the terms of the Aggressive/Dangerous Dog Order as amended .
... 2
-2-
Furthermore, if your dog has been declared Dangerous, in accordance with
Section 3.2 of By-law 2008-0138 (REG-1), you are also hereby ordered to:
(a)
Comply with all restrictions as noted in Section 3.1 of By-law No. 2008-0138
(REG-1 ).
(b)
In addition to the yard fencing requirements noted in Section 3.1(d)(ii), keep the
Dangerous Dog fitted with a muzzle, as defined, when not secured within the dog
owner's dwelling.
(c)
Produce proof of liability insurance in the amount of not less than $25,000, to the
Chief Municipal Law Enforcement Officer, for any injuries to a person or domestic
animal caused by the Dangerous Dog.
(d)
Surrender the Dangerous Dog to the Town animal shelter for humane euthanasia
when the owner is unable or unwilling to meet the requirements of this by-law.
Request for a hearing before the Appeal Committee
In accordance with Section 2.1(c) of By-law No. 2008-0138 (REG-1), you may request a
hearing before the Appeal Committee by submitting a written request, but such request
must be received by the Town within 30 days of the date of this order. A cheque or
money order in the amount of $100.00 made payable to the "Town of Georgina" must
accompany the appeal request. The appeal request must be addressed to the Town of
Georgina, attention to the Chief Municipal Law Enforcement Officer, 26557 Civic Centre
Road Keswick, ON, L4P 3G1.
Take notice that, notwithstanding that a dog owner has requested an appeal before the
Appeal Committee, Sections 3.1 (a), (b), (c), and (d)(i) of the Aggressive/Dangerous Dog
By-law remain in effect until the Appeal Committee has rendered its decision or the
expiration of 30 days from the issuance date of this Order.
This Order is duly served in accordance with Section 2.1(b) of By-law No. 2008-
0138 (REG-1) on this
day of
, 20 .
Chief Municipal Law Enforcement Officer or Designate