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By-law 2022-43
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Animal Control By-law
The Corporation of the Township of Hamilton
By-law Number 2022-43
Being a By-law For the Regulation, Registration, Keeping and Licensing of Dogs,
Prohibiting the Running at Large of Dogs and Prohibiting Cruelty to Domestic
Animals Within the Township of Hamilton and Repeal By-law 2021-04
WHEREAS Section 11 (3) of the Municipal Act 2001, S.O. c.25, as amended,
municipalities have the authority to pass by-laws to regulate animals;
AND WHEREAS Sections 103 and 105 of the Municipal Act 2001, S.O. c.25, as
amended, provides authority in respect to the seizure and impounding of dogs
found running at large and the muzzling of dogs;
AND WHEREAS the Council of the Corporation of the Township of Hamilton
deems it desirable to regulate the licensing and keeping of dogs and to prohibit
the running at large of dogs within the Township of Hamilton;
AND WHEREAS Subsection 391 (1) of the Municipal Act 2001, S.O. c.25, as
amended, authorizes a municipality to impose fees or charges on persons for
services or activities provided or done or on behalf of it;
AND WHEREAS the Council of the Corporation of the Township of Hamilton is
desirous of prohibiting cruelty to animals;
NOW THEREFORE the Council of the Corporation of the Township of Hamilton
enacts as follows:
1.
SHORT TITLE:
This By-law shall be referred to as the "Animal Control By-law".
2.
DEFINITIONS:
2.1
For the purposes of this By-law the following definitions shall apply:
a) "Animal" or "Domestic Animal" shall mean any dog or puppy.
b) "Animal Services" shall mean Municipal Animal Services managed by
the Northumberland Humane Society responsible for the housing of
dogs picked up by the Animal Control Officer.
c) "Dangerous Dog" means a dog that:
i) Has in the absence of any mitigating factor, attacked, bitten or
caused injury to a person or has demonstrated a propensity,
tendency or disposition to do so; or
ii) Has significantly injured a domestic or farm animal; or
iii) Has shown the disposition or tendency to be threatening or
aggressive to persons or animals; or
d) "Dog" shall mean a male or female domesticated dog, or any member
of the species Canis familiaris that is twelve (12) weeks or older.
e) "Dog Tag" shall mean a metal tag that bears an identification number
and is suitable to be securely fixed on an animal for the purpose of
identification that is issued by the Municipality, Officer or Animal
Services.
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Animal Control By-law
f) "Host Municipality" shall mean the municipality in which a dog's Owner
resides.
g) "Mitigating Factor" shall mean any circumstance which reasonably
excuses aggressive behavior of a dog and may include, but is not
limited to:
i)
the dog was, at the time of the aggressive behavior, acting in
defense of an attack by a person or domestic animal, or
ii)
the dog was, at the time of the aggressive behavior, acting in
defense of its young or reacting to a person or domestic animal
trespassing on the property of its Owner, or
iii)
the dog was, at the time of the aggressive behavior, being
teased, provoked or tormented.
h) "Municipality" shall mean the Township of Hamilton.
i) "Microchip" means an approved "Canadian Standard" encoded
identification device implanted into an animal, which contains a unique
code that permits or facilitates access to an Owner's name and
address, which is stored in a central database.
j) "Owner" shall mean and include any person who owns, possess,
harbours or has control, care or custody over a dog an animal as
defined herein and, where the Owner is a minor, the person
responsible for the custody of the minor.
k) "Order to Restrain" shall mean the order issued to the Owner by an
Officer, where the Officer is satisfied on the balance of probabilities
and in the absence of any mitigating factor, that the dog has bitten a
person and/or domestic animal, placed a person or domestic animal at
risk of physical harm, or behaved in a manner that poses a menace to
the safety of persons or domestic animals.
l) "Officer" shall mean:
i) a police officer, including a police officer within the meaning
of the Police Services Act, a special constable, a First
Nations constable and an auxiliary member of a police
force;
ii) a municipal law enforcement officer;
iii) an animal control officer appointed by the Northumberland
Humane Soceity;
iv) an inspector or agent under the Ontario Society for the
Prevention of Cruelty to Animals Act; or
v) a public peace officer designated as a Officer for the
purposes of the Dog Owners' Liability Act.
m) "Pound" shall mean the premise that are used for the detention and
maintenance of dogs that have been impounded, known as the
Northumberland Humane Society located at 2363 Theatre Road South
in Hamilton Township.
n) "Premises" shall mean lands as specified in the Transfer/Deed of Land
of the Owner or in leased lands.
o) "Protective Care" means the temporary, time-limited keeping of an
animal by Animal Services as a result of an eviction, incarceration, fire
or medical emergency.
p) "Running at Large" shall mean any animal as defined herein that is
found any place other than the premises of the Owner and is not under
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Animal Control By-law
control of any person.
q) "Special Service Dog" shall mean any dog that is individually trained to
do work or perform tasks for persons with disabilities and that are
registered with an accredited "Service Animal" organization.
r) "Under Control of a Capable Person" shall mean a dog that is at all
times, while the dog is off its Owner's property, on a leash and under
care and control and capable of being physically restrained in such a
manner as to prevent the dog from biting or attacking a person or other
animal and to prevent contact with people and other animals when the
dog is off the premise of the Owner.
s) "Working Dog" shall mean any of various breeds of dogs developed or
trained to perform useful work to assist humans (i.e. herding animals,
pulling wagons or sleds, or guarding property) and excludes hunting
dogs.
3.
LICENSING PROVISIONS:
3.1
No person shall own, retain, possess, harbour or keep any dog within the
Municipality for longer than fourteen (14) days without obtaining a license
from the Municipality, or its agent, in accordance with the provisions of this
By-law or in the current year by the Municipality where the dog
permanently resides.
3.2
Dog tags may be obtained from the Municipality, the Animal Control
Officer or Animal Services as outlined in Fees and Charges By-law
established by the Council of Township of Hamilton. All information
collected for the purpose of animal control licensing and enforcement shall
not be re-purposed without consent.
3.3
Every Owner of an animal shall ensure that the dog has a current anti-
rabies vaccine and shall produce a Certificate of Proof issued by a
qualified veterinarian attesting to an up-to-date rabies vaccine if requested
to do so by the Officer.
3.4
Every dog tag shall bear the serial number and year in which it was issued
and a record shall be kept by the Municipality showing the name and
address of the Owner and the serial number of the tag.
3.5
Every dog Owner shall cause a dog tag to be securely affixed on the dog
at all times (until the tag needs replaced).
3.6
Should a dog tag become lost, destroyed or mutilated, the Owner shall
upon payment of a Replacement Fee as outlined in the Schedule of Fees
established by the Joint Animal Control Municipal Services Board be
entitled to the issuance of a replacement tag and license.
3.7
Dog tags shall not be transferable and shall expire and become void upon
the sale, death or other disposal of the dog. Wherever possible, the tag
shall be returned to the Municipality so that the dog may be deleted from
the registry.
3.8
No person shall have, retain, harbor or have possession of:
3.8.1
more than three (3) dogs within or about any single detached
dwelling; or;
3.8.2
more than two (2) dogs within or about any dwelling unit for
properties with two (2) or more dwelling units regardless of
whether that person is the Owner of the dogs;
3.9
Sections 3.8.1 and 3.8.2 shall not apply to a property which is zoned
Agricultural, a property possessing a valid kennel license, an approved
business and/or veterinary offices.
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Animal Control By-law
The Municipality hereby designates Animal Services, the Township Clerk,
or their authorized designate or agent for the purpose of licensing animals
within the Municipality and all fees shall be remitted to the Municipality.
3.10 A Police Services Dog, while engaged in Police duties shall be exempt
from provisions of this section of the by-law.
3.11 Each dog residing in a dwelling unit requires a dog tag and the following
information is required in order to obtain a dog tag:
3.11.1 the name, address and telephone number of the Owner;
3.11.2 the name, approximate age of dog;
3.11.3 if the dog is spayed or neutered;
3.11.4 a general description of the dog including its colour, distinguishing
marks/physical characteristics and the breed;
3.11.5 payment of the established tag fee as approved and set out in the
Schedule of Fees established by the Municipality with the
exception of Registered Service Dogs;
3.11.6 whether an Order to Restrain has ever been issued in any
Municipality.
4.
DOG WASTE:
4.1
Every person who owns, retains, possesses, harbours, keeps or is in
control of a dog shall immediately remove any excrement or waste left by
the dog on any property in the Municipality, and shall dispose of
excrement or waste in an appropriate sanitary manner (i.e. properly
wrapped in a sealed, leak proof bag and placed in the garbage).
5.
DOG OWNER LIABILITY ACT:
5.1
It is the declared intention of Council that the Dog Owners' Liability Act shall
be enforced under the Provincial jurisdiction, and further that the Animal
Control Officers are recognized as Officers under the authority of the Dog
Owners' Liability Act to ensure the expedient and efficient application of this
Act.
6. DANGEROUS DOGS
6.1
All Owners shall exercise all reasonable precautions to prevent their dog
from:
6.1.1
biting or attacking a person or domestic animal;
6.1.2
behaving in a manner that threatens or poses a menace to the
safety of persons or domestic animals.
6.2
Every Owner of a dangerous dog that has bitten a person or domestic
animal shall ensure that said dog is muzzled and leashed while on any
property in the Municipality.
6.3
Every Owner of a dangerous dog shall keep it indoors or in a secured yard
that prevents the dog from escaping over or under the fence or by any other
means, and that prevents access by the public. Dangerous dogs shall not
be confined only by a chain or tether.
6.4
Owners shall post warning signs clearly and visibly on the property where a
Dangerous dog is kept.
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Animal Control By-law
6.5
Animal Services may seize a dog in a public place if the Officer believes on
reasonable grounds that:
6.5.1 the dog has on one or more occasions bitten or attacked a person or
domestic animal;
6.5.2 the dog has on one or more occasions behaved in a manner that
poses a menace to the safety of persons or domestic animals;
6.5.3 an Owner has on one of more occasions failed to exercise
reasonable precautions from carrying out Section 6.5.1 or 6.5.2 as
described above;
6.5.4 the dog is a restricted pit bull and the Owner has on one of more
occasions failed to comply with the requirements of the legislation or
regulations respecting pit bulls;
6.5.5 there is reason to believe that the dog may cause harm to a person
or domestic animal.
6.6
Where the Owner objects to the muzzling or leashing requirements set forth
in Section 6.2 above, the Owner may request and is entitled to an Appeal
Hearing.
7.
ORDER TO RESTRAIN:
7.1
Where the Officer is satisfied on the balance of probabilities and in the
absence of any mitigating factor, that a dog has placed a person or
domestic animal at risk of physical harm or behaved in a manner that
poses a menace to the safety of persons or domestic animals the Officer
may issue an Order to Restrain to the Owner, as set out in Schedule "A" of
this By-Law. Every person shall comply with such an Order to Restrain.
7.2
An Order to Restrain shall be served upon the dog's Owner by delivering it
personally to the Owner or to an inhabitant of the Owner's usual place of
residence who appears to be at least 18 years of age.
7.3
Notwithstanding other Sections of this By-law, when an Order to Restrain
has been served on the Owner, and at the discretion of the Officer the
Owner shall as indicated on the Order:
7.3.1 keep the dog, when on the Owner's premises, confined within the
dwelling and under the effective control of an adult, or in a secured
yard that prevents the dog from escaping over or under the fence or
by any other means, or enclosed in a pen constructed with a secure
top, sides and bottom, so as to prevent escape of the dog and
prevent entry therein by the public;
7.3.2 when not confined in accordance with paragraph (7.3.1), to keep
the dog under the effective control of an adult person and on a
leash of not more than 1.8 metres (6 feet) in length;
7.3.3 ensure that the dog is muzzled at all times when it is not confined in
accordance with paragraph 7.3.1;
7.3.4 provide proof that the dog has been permanently identified (i.e.
microchipped) within 30 days of receipt of the Order to Restrain.
7.3.5 notify Animal Services within two working days of moving the dog
(new address and phone number), selling the dog, giving the dog
away, or death of the dog;
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Animal Control By-law
7.3.6 immediately advise Animal Services if the dog is at large, or has
bitten or attacked any person or domestic animal;
7.3.7 display warning signs that are clearly visible on the property of the
presence of a dog.
7.3.8 if not already licensed, licence and register the dog with Animal
Services within seven (7) days of receipt of the Order;
7.3.9 not contravene any other conditions imposed in the Order to
Restrain.
7.4
Animal Services shall maintain a record of all Orders to Restrain and shall
notify the Municipality and local police authority of the issuance of the
Order to Restrain and shall supply a copy of such Order to the Municipality
and local police authority.
7.5
Any Owner that fails to comply with the requirements of the Order to
Restrain shall pay the set fine or permanently surrender the dog to Animal
Services.
7.6
No person shall hinder or obstruct, nor attempt to hinder or obstruct, either
directly or indirectly, an Officer, employee of the Municipality and/or agent
in the lawful exercise of a power or duty under this by-law.
7.7
Every person shall comply with any Order or Notice issued under the
authority of this by-law.
8.
ORDER TO RESTRAIN - APPEAL:
8.1
Any Owner to whom an Order to Restrain has been issued may inform the
Township Clerk in writing that they intend to appeal the Order and request
a Hearing within seven (7) days of being served notice.
8.2
Upon payment of a Hearing Fee as set out in the Township of Hamilton
Fees and Charges By-law, the Owner may request and is entitled to a
Hearing by the Council of the Township of Hamilton.
8.3
Upon determination of the hearing date the Clerk shall give notice in
writing to the Owner that:
8.3.1 includes a statement of the time, date, place and purpose of the
hearing, and;
8.3.2 includes a statement that if the Owner does not attend the hearing,
the Hearing may proceed in the absence of the Owner and the
Owner will not be entitled to any further notice.
8.4
The notice of hearing referred to in this Section may be given by delivering
it personally or sending it by prepaid registered mail to the Owner at the
Owner's last known address on file with the Municipality. When service is
made by registered mail, the service shall be deemed to be made on the
fifth (5th) day after mailing.
8.5
The Township shall hold a hearing in accordance with the provisions of the
Procedural By-law at the time, date and place set out in the notice referred
to in this section and the Council may:
8.5.1 exempt the Owner from muzzling and/or leashing requirements,
8.5.2 confirm muzzling and/or leashing requirements,
8.5.3 vary muzzling and/or leashing requirements and other requirements
of the Order, or
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Animal Control By-law
8.5.4 combine any exemption confirmation or variance as it sees fit.
8.6
The decision of Council shall be final and binding.
8.7
An application made by the Owner for a hearing under this Section does
not act as a stay of the Order to Restrain which shall take effect on the day
it is served or deemed served, and shall continue to be effective until
Council renders a decision indicating otherwise.
8.9
Despite subsections 7.3.3 and 7.3.4, an Owner who has requested a
hearing in compliance with section 8.1 shall not be required to have their
dog implanted with a microchip until 30 days after a decision of the
committee confirming these requirements.
9.
ANIMALS AT LARGE:
9.1
No Owner of any animal shall cause or permit an animal to run at large
within the limits of the Municipality unless it can be proven that the animal
is a 'Working Dog'.
9.2
Every person shall keep control of a dog when not on a property owned or
occupied by its Owner or with the express permission of the Owner or
occupant of that property or with its guardian at a leash free park by:
9.2.1 keeping a dog on a leash
9.2.2 ensuring the person holding the leash has the skills and ability to
control the dog all times.
9.3
An Officer may seize and impound any animal found running at large and
deliver same to the Animal Services facility.
9.4
Any person may restrain at their own risk any animal found at large on
their property, or at large on public property, and surrender the animal to
the custody of an Officer or Animal Services,
9.5
Where an animal seized under this By-law is injured, or should be
destroyed without delay for humane reasons or for reasons of safety to
persons or animals, Animal Services may euthanize the animal in a
humane manner at the Officer's discretion and no damages or
compensation shall be recovered by the Owner of the animal for such
action.
9.6
An Owner who has been notified that their animal has been impounded
shall attend or contact Animal Services within four (4) days to obtain the
animal and pay the prescribed fees and penalties as set by the Board.
9.7
Where an animal's Owner has been notified of the impoundment and fails
to contact or attend Animal Services within four (4) days, the Owner of
said animal shall be assessed and invoiced a four (4) day impoundment
fee, veterinarian or medical fees, a surrender fee or any other relevant
fees or charges.
9.8
Where an animal is captured or taken into the custody of Animal Services,
including by order of a court, or under the direction of the local police
services, the Owner shall pay to Animal Services all applicable fees and
charges, including the cost of the services of a veterinarian, whether the
animal is alive, dies or is euthanized.
9.9
Where an injured animal is impounded or otherwise detained and requires
the immediate attention of a Veterinarian, Animal Services may deliver the
injured animal to a Veterinarian for treatment or euthanization and the
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Animal Control By-law
Owner, if known, shall be responsible for all costs incurred. No damages
or compensation shall be recoverable by the Owner or any other person.
10.
REDEMPTION OF AN ANIMAL:
10.1 The Owner of an animal impounded shall be entitled to redeem the animal
within four (4) days from the time of impoundment, exclusive of the day of
impoundment, statutory holidays and days during which Animal Services
is otherwise closed, upon paying the applicable fees and charges
prescribed including medical costs.
10.2 The Owner of a dog impounded shall produce a valid dog tag license for
the dog. If no valid dog tag license can be produced, the Owner shall
purchase a dog tag license before possession is returned to the Owner
and the Animal Control Officer shall submit records of the registration and
fees to the Municipality.
10.3 Where an animal that is impounded is not claimed by the Owner within the
redemption period, the animal shall become the property of Animal
Services who may:
10.3.1
sell the animal in accordance with the adoption fees established
by the Board;
10.3.2
dispose of the animal in accordance with Board Policies.
10.4 No person shall forcibly retrieve an animal from Animal Services or an
Officer.
10.5 No person shall remove or retrieve an animal from Animal Services
without payment in full of all applicable fees and charges as established
by the Joint Animal Control Municipal Service Board.
11.
SURRENDERING OF ANIMALS:
11.1 An Owner of an animal may give up Ownership of the animal to alleviate
an Animal Control issue by surrendering the animal at the Animal Services
facility. All other surrenders are directed to the Northumberland Humane
Society.
11.2 Where an Owner has surrendered an animal to Animal Services, the
Owner is deemed to have relinquished all rights of Ownership and
possession of the animal. The Owner shall pay the appropriate fees as
established by the Board. All surrendered animals shall become the
property of Animal Services and may be kept or disposed of as deemed
appropriate and shall not be redeemed.
12.
PREVENTION OF CRUELTY TO ANIMALS
12.1 No person shall keep any domestic animal unless the animal is provided
with:
12.1.1 clean potable drinking water in spill proof container at all times and
suitable food of sufficient quantity and quality to allow for normal
growth and the maintenance of normal body weight;
12.1.2 food and water receptacles kept clean and disinfected and location
so as to avoid contamination by excreta;
12.1.3 the opportunity for periodic exercise sufficient to maintain good
health;
12.1.4 necessary veterinary medical care when the animal exhibits signs
of pain or suffering.
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Animal Control By-law
12.2 No person shall keep any domestic animal outside for extended periods of
time, unless the animal is provided with outside shelter. The shelter must
be weatherproof with an exterior windbreak and exterior door flap. The
shelter must face away from the prevailing wind and be elevated off the
ground. The shelter must be insulated:
12.2.1 to ensure protection from heat, cold and wet;
12.2.2 that is appropriate to the animal's weight and type of coat;
12.2.3 that provides sufficient space to allow the animal the ability to turn
about freely and to easily stand, sit and lie in a normal position;
12.2.4 that provides sufficient shade to protect the animal from direct rays
of the sun at all times;
12.2.5 that is regularly cleaned and sanitized and all excreta removed.
12.3
No person shall tether, fasten, chain, tie, or restrain a dog to any dog house,
tree, fence, or other stationary object for an extended period of time. A
person may temporarily tether a dog no longer than is necessary for the
person to complete a temporary task.
12.4 No person shall cause a domestic animal to be confined in an enclosed
space without adequate ventilation.
12.5 No person shall allow any domestic animal to suffer from any infectious
disease.
12.6 Animal Services is authorized to receive animals into protective care as a
result of an animal owner's eviction, incarceration, or as a result of a fire or
medical emergency, or for any other situation that the Manager of the
Northumberland Humane Society deems appropriate.
12.7 Animals which are received into protective care by Animal Services shall
only be kept on a temporary basis for up to a maximum of five days.
12.8 When Animal Services receives an animal into protective care, the owner
of the animal shall pay to Animal Services the per diem sheltering fees as
outlined in the fee schedule and all costs incurred on behalf of such animal
by Animal Services for all required veterinary medical care prior to
redeeming the animal.
12.9 If an animal is in protective care at the end of the five-day period and the
animal has not been redeemed by the owner, then Animal Services shall
treat such animal as a day-one impounded animal pursuant to this by-law.
13.
PENALTIES:
13.1 Every person who contravenes any provisions of this By-law is guilty of an
offence and upon conviction is liable to a fine and such penalties as
provided in the Provincial Offences Act or the Dog Owners Liabilities Act.
13.2 Pursuant to the authority established in section 429(2) of the Municipal
Act, S.O. 2001, c.25, every person who contravenes any provision of this
By-law is guilty of an offence and upon conviction pursuant to Part III of
the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended,
shall be subject to the following penalties:
a) Upon a first conviction - Failure to comply with Order to
Restrain - $350.00
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Animal Control By-law
b) Upon a second conviction - Failure to comply with Order to
Restrain - $500.00
13.3 Notwithstanding the provisions of this Section, the Officer may, in lieu of
laying an information, with in respect to a dog being at large, issue a
Violation Notice to the Owner.
14.
VALIDITY
14.1 If any Section, clause or provision of this By-law is for any reason declared
by a Court of competent jurisdiction to be invalid, the same shall not affect
the validity of the By-law as a whole or any part thereof, other than the
section, clause or provision so declared to be invalid and it is hereby
declared to be the intention of Council that the remaining sections, clauses
or provisions of the by-law shall remain in full force and effect until
repealed, notwithstanding that one or more provisions of this by-law shall
have been declared to be invalid.
15.
No person shall hinder or obstruct, nor attempt to hinder or obstruct, either
directly or indirectly, an Officer, employee of the Municipality and/or agent
in the lawful exercise of a power or duty under this by-law.
16.
Every person shall comply with any Order or Notice issued under the
authority of this By-law.
17.
That By-law 2021-04 is hereby repealed.
READ A FIRST, SECOND and THIRD time and finally passed in Open Council
this 21st day of June, 2020.
___________________________
William Cane, Mayor
___________________________
D. Livingstone, Clerk
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Animal Control By-law
Schedule "A" to By-law No. 2022-43
ORDER TO RESTRAIN
Name of Municipality and By-law No._________________________________________
To (Name of Owner): ____________________________________________________
Address:
___________________________________________________
___________________________________________________
Telephone :
___________________________________________________
I, _______________________________________, an Officer appointed by the Joint
Municipal Animal Control Board, have reasonable grounds to believe that the dog
described as Breed: _____________________Colour:___________________________
Age:______ Name:_____________________ Microchip:________________________
and residing at _______________________________________________________
has bitten or attacked a person or another domestic animal; placed a person or domestic
animal at risk of physical harm; or behaved in a manner that poses a menace to the
safety of persons or domestic animals, as per the provisions of the By-law No.
_________ (Municipality By-law number].
You are hereby ordered as indicated below:
To keep the dog, when on the Owner's premises, confined within the dwelling and
under the effective control of an adult, or enclosed in a pen constructed with a
secure top, bottom and sides. The pen shall provide humane shelter for the dog,
while preventing escaping therefrom and preventing any entry therein of
unsupervised persons.
To keep the dog under effective control of an adult and on a leash of not more than
1.8 metres (6 feet) in length when it is not confined as noted above. Flexi leads
are not permitted.
To securely attach a muzzle to the dog at all times when it is not confined as noted
above
Provide proof that the dog has been permanently identified (microchipped) within
30 days of receipt of the Order to Restrain.
Notify Animal Services within two working days of moving the dog (new address
and phone number), selling the dog or giving the dog away;
To advise Animal Services within two days of the death of the dog.
To advise Animal Services immediately if the dog is running at large, or has bitten
or attacked a person or a domestic animal.
To display a sign of warning of the presence of the dog at the front of the house
where it can not be easily removed, but is visible to any person who may enter
onto the property. The Officer must approve such sign.
This ORDER TO RESTRAIN takes effect immediately.
If you wish to APPEAL this Order to Restrain you must apply to the Clerk of the
Township of Hamilton within seven (7) days from the date this Order to Restrain is
received by you setting out your request for a hearing in front of the Board ("Board"),
which shall include the reasons for appealing this Order to Restrain, and the payment of
the hearing fee in the amount of $100.00, failing which this Order to Restrain is final and
binding.
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Animal Control By-law
Please be advised that notwithstanding that you may apply for a hearing by the Board
regarding this Order to Restrain, this Order to Restrain takes effect immediately upon its
receipt by you and remains in effect for so long as the dog shall live unless the Board
makes a decision on an appeal to rescind this Order to Restrain, in which case this
Order to Restrain remains in effect until the date a decision is issued by the Board.
A full copy of By-law No 2022-43 being a by-law of the Township of Hamilton for the
regulation, registration, keeping and licensing of dogs and prohibiting the running at
large of animals and prohibiting cruelty to domestic animals is available from the Clerk of
the Township of Hamilton during normal business hours.
It is RECOMMENDED that you obtain a copy of the By-law in order to be more fully
aware of your rights and obligations in this matter and the basis for the issuing of this
Order to Restrain.
DATED at the ______________________ this _____ day of ___________, 20______.
Officer for the Municipality of
_________________________________
For purposes of By-law No. _______
________________________________
(Signature) of
Issuing Animal Control Officer
________________________________
(Print) Name of
Issuing Animal Control Officer
By-law 2022-43
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Animal Control By-law
SCHEDULE 'B' to By-law 43-2022
ORDER TO RESTRAIN
Appeal Hearing Fee
Item
Fee
Order to Restrain Appeal Hearing Fee
$100.00
By-law 2022-43
Page 14 of 14
Animal Control By-law
Township of Hamilton
Part 1 Provincial Offences Act
SET FINES SCHEDULE
By-law 2022-43: Animal Control
The Regulation, Registration, Keeping and Licensing of Dogs, Prohibiting
The Running at Large of Dogs and Prohibiting Cruelty to Domestic Animals
Within the Township of Hamilton
Item
Column 1
Short form
Wording
Column 2
Provision
Creating or
Defining Offence
Column 3
Set Fine
1.
Own, possess,
harbour dog - no
licence
Section 3.1
$100.00
2.
Failure to produce
rabies vaccination
certificate
Section 3.3
$100.00
3.
Failure to affix dog
tag
Section 3.5
$100.00
4.
Failure to keep
fewer than
number of dogs
permitted
Section 3.8
$200.00
5.
Failure to Clean
Up Excrement
Section 4.1
$100.00
6.
Failure to muzzle
or leash a
dangerous dog
Section 6.2
$250.00
7.
Fail to comply with
order to restrain
Section 7.1
$150.00
8.
Failure to notify
Animal Services of
changes to owner
information
Section 7.3.5
$100.00
9.
Animal at large
Section 9.1
$150.00
10.
Failure to restrain
a dog in public
Section 9.2
$150.00
11.
Failure to provide
dog with basic
necessities
Section 12.1
$250.00
12.
Failure to provide
adequate shelter
Section 12.2
$250.00
13.
Confine animal in
unsuitable
condition
Section 12.4
$250.00
Note: The general penalty provision for the offences listed above is Section 13 of
By-law 2022-43, a certified copy of which has been filed, and s. 61 of the
Provincial Offences Act, R.S.O. c.P.33