Gore Bay, Ontario
· No. 2020-02
· adopted 2020-01-13
· summary & facts
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THE CORPORATION OF THE TOWN OF GORE BAY
BY-LAW 2020-02
THE CONTROL AND LICENSING OF DOGS
BEING A BY-LAW TO PROVIDE FOR THE CONTROL AND
LICENSING OF DOGS
WHEREAS Section 103 of the Municipal Act S.O.2001 as amended provides that by-laws may be pass by
the Councils of local municipalities for licensing, keeping and prohibiting or regulating the running at large
of dogs within the Municipality;
AND WHEREAS The Town of Gore Bay recognizes the rights of property owners to enjoy the possession of
dogs;
AND WHEREAS The Town of Gore Bay protects its residents and their properties from nuisance and vicious
dogs;
AND WHEREAS The Town of Gore Bay deems it desirable to license and regulate dogs within the
Municipality;
NOW THEREFORE The following shall supersede and update Gore Bay By-Law 2013-17, Gore Bay By-Law
93-18 and any previous licensing by-laws.
NOW THEREFORE The Fee Schedule attached hereto and marked as Schedule "A" is hereby adopted.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GORE BAY ENACTS AS
FOLLOWS:
1.0
DEFINITIONS
In this By-Law the following definitions shall apply:
1.1
"Dog" means a domestic canine animal, male or female, spayed or neutered
which is four months of age or older but does not include a guide dog within the
meaning of the Blind Persons Act, as amended, or a Police Work Dog.
1.2
"DOG CATCHER" means the person appointed by the Council for the purpose of
this by-law;
1.3
"DOG FOSTERING" means keeping a dog in a residence for up to 90 days or a
length of time agreed upon with the By-Law Enforcement Officer. until the dog is
taken to an animal shelter or adopted into a new home;
1.4
"EMOTIONAL SUPPORT ANIMAL means an animal that provides comfort or
security, but does not have any specific task training;
1.5
"HARBOUR" means having care, custody or control of a dog;
1.6
"KENNEL" means a lot, building or structure in which 3 or more dogs are housed,
boarded or bred.
1.7
"LEASH" means a chain, rope, line, cord or other device not exceeding 2 metres (6
feet 6inches) in length which is used to secure or restrain a dog;
1.8
"LICENSE FEE" means the fee imposed on the dog owner when registering a dog
with municipality.
1.9
"MUNICIPALITY" means the Town of Gore Bay.
1.10
"MUNICIPAL BY-LAW ENFORCEMENT OFFICER" means a person who is appointed
by the Council of the Town of Gore Bay for the purpose of enforcing the
municipality's by-laws.
1.11
"NUISANCE DOG" means a dog that causes a disturbance with persistent barking,
calling or any other sound.
1.12
"OWNER" means any person who owns, possesses, keeps or harbours a dog for
any period of time, and where the owner of the dog is a minor, the person
responsible for custody of the minor;
1.13
"PIT BULL" means as defined in the Dog Owners Liability Act R.S.O. Chapter D.16
section 1.1;
1.14
"POUND" means the premises or facility that is used for the detention,
maintenance or disposal of dogs that have been impounded in accordance m
1.15
"POUND KEEPER" means a person or organization responsible for maintaining the
pound on behalf of the Municipality for the purpose of enforcing or carrying out
the provisions of this by-law.
1.16
"RESCUE DOG" means a dog that is waiting to be placed into a new home after
being abused, neglected or abandoned by the previous owner;
1.17
"RUNNING AT LARGE" means that a dog be deemed at large if found on premises
other than that of the owner of the dog or not under the care and control of a
person who is physically capable of restraining the dog.
1.18
"SERVICE DOG" means any dog trained by a recognized school or organization to
perform tasks for the benefit of an individual;
1.19
"VICIOUS DOG' means a dog that is known to have made an unprovoked attack or
bite which caused physical injury to a person or another domestic animal
2.0
KEEPING OF DOGS
2.1
Every person who owns a dog in the Town of Gore Bay shall provide such dog or
cause it to be provided with such food, potable water, exercise and attention as
may be required to keep it in good health.
2.2
If a dog is customarily kept outdoors, the person who owns such a dog shall at all
times provide for its use; a structurally sound, weather proof enclosure with off
ground flooring.
2.3
No person in the Municipality shall keep a dog tethered on a chain, rope or similar
restraining device of less than 2.4 metres in length.
2.4
Every owner of a dog shall forthwith remove any excrement left by a dog on any
land in the Municipality other than that of the owner.
2.5
Every owner of a dog must remove excrement from their property in a timely
manner so as not to disturb the enjoyment, comfort or convenience of persons or
property owners in the vicinity of their premises or property.
2.6
The owner of a dog shall be deemed responsible for damages to public or private
property known to be caused by their dog and pay compensation for such
damages.
2.7
No dog owner shall possess any more than 3 dogs at one time in a single dwelling
unit.
3.0
GENERAL LICENSING PROVISIONS
3.1
Every owner of a dog within the Town of Gore Bay shall register and pay the
license fee prescribed in Schedule A of this By-Law for each dog on or before the
last day of March or the first business day following in each year.
3.2
Every person who becomes the owner of a dog on or after the last day of March
shall pay annually to the Town of Gore Bay the applicable license fee as set out in
Schedule A within fifteen days after acquiring or otherwise becoming the owner.
3.3
Service Dogs are exempt from the licensing fee provisions of this By-Law, but all
Service Dogs must be registered with the Town of Gore Bay.
3.4
Upon payment of the applicable license fee, the owner shall be furnished with a
dog tag.
3.5
The said dog tag shall bear a serial number and a record shall be kept by the Town
of Gore Bay for the purpose of showing the name, address, contact information,
gender, breed, colour and the serial number of the dog.
3.6
The dog owner shall notify the Town of Gore Bay of any changes in the
information provided in Subsection 3.5 on the sale or death of the dog, as
applicable.
4.0
VICIOUS DOGS
4.1
The Municipality shall investigate and keep on file, records of reported complaints
of unprovoked dog attacks made by police or citizens.
4.2
The owner of a VICIOUS DOG shall, at all times , when not in the owners dwelling
but otherwise within the boundaries of the owner's land, be secured in one of the
following manners so as to prevent the dog from escaping and to prevent the dog
from causing injury to any person or other domestic animal entering onto the
owner's lands:
a) The dog shall be located wholly within a fenced yard and any gate in such fenced
yard shall be locked at all times when the dog is in the fenced yard, or:
b) The dog shall be located within an enclosed run designed in such a fashion and
made of such material which will prevent the dog from digging its way out or
otherwise escaping from the enclosed run.
c) The dog shall be muzzled so as to prevent it from biting a person or other domestic
animal and be securely leashed on a leash or chain, by the owner or designate who
is of age and stature to restrain the dog.
4.3
The owner of a VICIOUS DOG shall at all times when the dog is outside the
boundaries of the owner's land, keep the dog muzzled so as to prevent the dog
from biting a person or other domestic animal, and be securely leashed to the
owner or a designate who is of age and stature to restrain the dog, unless it is on
the lands of a person who has consented to it being on his lands, in which case
the provisions of paragraph 2 of this section apply.
5.0
PIT BULLS
5.1
PIT BULLS will be controlled as per the ban and related control provisions
identified in the Dog Owners Liability Act.
6.0
NUISANCE DOGS
6.1
The persistent barking, calling or any sound (over 5 minutes and/or multiple
times) made by a dog which disturbs the peace, quiet, comfort or repose of an
individual at any time of the day shall not be permitted. Owners of nuisance dogs
will be deemed responsible for creating the disturbance.
6.2
Dog owners are prohibited from allowing their dogs to create a disturbance by
allowing persistent barking or making of noises.
7.0
FOSTER DOGS/RESCUE DOGS
7.1
Foster/Rescue dogs in the care of a person affiliated with a recognized dog
fostering/rescuing organization and who is registered with the Municipality will be
permitted to exceed the limit of dogs in a single dwelling identified in Section 2.7
for 90 days or a length of time agreed to with the Municipal By-Law Enforcement
Officer, and up to a maximum of 5 dogs totaled.
7.2
Persons who are affiliated with a recognized dog fostering/rescuing organization
shall register themselves with the Town office.
8.0
SERVICE DOGS/EMOTIONAL SUPPORT DOGS
8.1
The Municipality will recognize and support the use of Service and Police Work
Dogs in Municipal facilities.
8.2
The Municipality will recognize Emotional Support Dogs but will not support their
use in Municipal facilities, unless a physician's note is provided.
9.0
DOGS RUNNING AT LARGE
9.1
No person in control of a dog or a dog owner shall allow their dog(s) to RUN AT
LARGE in the Municipality.
9.2
No person in control of a dog or a dog owner shall permit their dog to trespass on
private property whether the on a leash or not, unless permission for said
trespass is first obtained from the property owner.
9.3
Every owner shall ensure that their dog is on a leash when on any Municipally
owned property or Municipally owned facility. (See Schedule "B")
10.0
Dog Kennels
10.1
No person shall operate a dog kennel within the Town of Gore Bay.
11 0 Dog Impoundment
11.1 The Town of Gore Bay has an agreement (By-Law 2013-34) with the Municipality of Central
Manitoulin shall provide dog pound/pound keeper services for the Town of Gore Bay.
11.2 The Town of Gore Bay shall appoint an Animal Control Officer who can capture any dog running at
large and return it to the owner with the right to issue a fine as per section 11.3, or if the Dog Catcher is
unable to capture said dog running at large, may issue a fine to the dog owner under section 11.3 if the
Dog Catcher has a witness to state that the said dog belongs to the owner being issued the fine.
11.3 Where a dog is seized and impounded under authority of this By-Law, 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 be liable to the pound keeper and the Municipal Law Enforcement Officer which fees
may be recoverable under the Provincial Offences Act, R.S.O. 1990, as amended.
11.4 Dogs shall be accepted by the pound keeper where they deem to do so as a danger to themselves,
other persons, or other domestic animals in which case the dog may be humanely destroyed without
delay.
12.0 Enforcement and Penalties
12.1 Offences- Section 425 (1) of the Municipal Act provides that a person who contravenes a by-law of
the municipality passed under this Act is guilty of an offence.;
12.2 Penalty- section 429 (1) of the Municipal Act states a municipality may establish a system of fines for
offences under a by-law of the municipality passed under this Act;
12.3 This By-Law shall be enforced by the Municipal By-Law Enforcement Officer and/or the Dog Catcher.
12.4 Every person who contravenes a provision of this By-Law is guilty of an offence and upon conviction
is liable to a fine as provide for in the Provincial Offences Act. R.S.O. 1990, c.P.33 as amended.
12.5 If any part, section subsection, clause or paragraph of this By-Law, is for any reason held invalid, such
portions 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 provision, so declared to be invalid.
13.0 Repeal
13.1 This By-Law repeals Town of Gore Bay By-Laws 2013-37 and By-Law 93-18 and By-law 2019-34.
13.2 This By-Law will come into effect upon the date the Order of Set Fines in Schedule B are approved by
the Ontario Court of Justice
READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS THE 13th DAY OF JANUARY
2020.
........................................
MAYOR
........................................
CLERK
The Corporation of the Town of Gore Bay
By-Law 2020-02
"SCHEDULE A"
Dog Licensing Fees
1. Annual registration for every dog
$15.00
2. Additional amount for late payment
$10.00
3. Replacement tag
$5.00
The Corporation of the Town of Gore Bay
By-Law 2020-02
"SCHEDULE B"
P.O. A. Part 1
Set Fine Rates
Dog Licensing and Control
(Page 1 of 1)
Item
Short form wording
Provision Creating or Defining
Offence
Set Fine
1
Failure to take proper care.
Section 2.1
$100.00
2
Failure to provide proper enclosure.
Section 2.2
$50.00
3
Failure to properly tether.
Section 2.3
$50.00
4
Failure to remove excrement from Town
property.
Section 2.4
$100.00
5
Not removing excrement in a timely
manner.
Section 2.5
$100.00
6
Possessing more than 3 dogs.
Section 2.7
$50.00
7
Failure to register a dog.
Section 3.1
$50.00
8
Failure to notify change of owner
information.
Section 3.6
$50.00
9
Failure to properly fence a Vicious Dog
Section 4.2 (a) (b)
$250.00
10
Failure to muzzle and properly secure a
Vicious Dog on a leash.
Section 4.3
$250.00
11
Nuisance Dog creating a disturbance.
Section 6.2
$50.00
12
Allowing a dog to Run At Large.
Section 9.1
$100.00
13
Allowing dog to trespass on private
property.
Section 9.2
$50.00
14
Dog not on a leash on Town property.
Section 9.3
$50.00
15
Operating a Kennel
Section 10.1
$500.00
Note: The penalty provision for the offences indicated above is section 12.4 of By-Law 2019-34, a certified
copy of which has been filed.