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CORPORATION OF THE TOWNSHIP OF
HORTON
ANIMAL CONTROL BY-LAW NO. 2014-34
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Table of Contents
Title ................................................................................................................................. 1
Table of contents ........................................................................................................... 1
Definitions ...................................................................................................................... 3
Licensing and Dog/Cat Identification ........................................................................... 4
Duty of Owner ................................................................................................................ 4
Impoundment ................................................................................................................. 5
Destruction/Disposal ..................................................................................................... 5
Dangerous Dogs ............................................................................................................ 5
Rabies Control ............................................................................................................... 6
Kennels ........................................................................................................................... 7
Number of Animals Permitted....................................................................................... 7
Prohibited Animals ........................................................................................................ 8
Nuisance Animals .......................................................................................................... 8
Power of Entry............................................................................................................. 8
Exemptions .................................................................................................................... 8
Offences ......................................................................................................................... 9
Severability ..................................................................................................................... 9
Schedule "A": Licence Fees ....................................................................................... 10
Schedule "B": Prohibited Animals ............................................................................. 12
Schedule "C": Fence Requirements
............................................................. 12
Schedule "D": Dog Owners' Liability Act
...................................................... 13
Schedule "E": Set Fines
.............................................................................. 18
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Being a By-law to regulate the keeping and control of animals, or any class
thereof, the animal identification system, licensing and restraint of dogs certain
other aspects of animal control within the Corporation of the Township of Horton.
WHEREAS the Municipal Act, S.O. 2001, C.25 Sec. 9, 11, 103, 105 and 391 (1),
as may be amended from time to time, provides that a Municipality may pass By-
laws prohibiting, regulating and restricting the keeping of animals or any class
thereof, the destruction thereof and allow for a licensing and animal identification
system pursuant to the provisions thereof;
AND WHEREAS Section 20 of the Animals for Research Act, R.S.O. 1990,
Chapter A. 22, provides for the impounding and sale or destruction of a dog
pursuant to the provisions thereof;
AND WHEREAS the Dog Owners Liability Act, R.S.O. 1990 Chapter D. 16,
provides for the protection of persons and property; (See Schedule "D" attached
for copy of Act)
AND WHEREAS the Ontario Police Services Act, R.S.O. 1990 Chapter P. 15 as
amended provides that Council may appoint Municipal Law Enforcement Officers
to enforce all municipal By-Laws;
NOW THEREFORE the Council of the Corporation of the Township of Horton
enacts as follows:
1. TITLE
This By-Law shall be known and may be cited as "THE ANIMAL CONTROL
BY
LAW"
2. DEFINITIONS
As used in this By-Law, the following terms shall have the meaning
hereinafter ascribed to them:
a) "Animal" means any member of the animal kingdom, other than a bird,
fish, insect or human being.
b) "Animal Control Officer" means a person appointed by the Corporation
of the Township of Horton for the purposes of enforcing the provisions of
this By-Law and related provincial offences by authority of the Ontario
Police Services Act, 1990, Chapter P. 15, Section 15.
c) "Animal Shelter" means any premises designated by the Township of
Horton for the purpose of impounding and caring for animals taken by the
agents of the Corporation in violation of this By-Law.
d) "At Large" means a dog found off the property of its owner, without
permission of the property owner and not under control of a competent
person by means of a leash or some other restraint.
e) "Clerk" shall mean the Town Clerk of the Corporation of the Township of
Horton or that person appointed to act in his or her capacity.
f) "Corporation" shall mean the Corporation of the Township of Horton.
g) "Dangerous Dog" shall mean any individual dog that:
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(i) has killed a domestic animal without provocation while off the owner's
property;
(ii) has bitten or injured a human being or domestic animal without
provocation on public or private property;
(iii) is attacked trained;
(iv) is trained and kept for the purpose of security or protection, whether
residential, commercial, or industrial, or persons or property.
h) "Dog" shall mean any domesticated canis, male or female.
i) "Fenced Yard" means a yard which is completely enclosed by a fence
constructed in accordance with the specifications set out in Schedule "C"
to this By-law provided that the walls of continuously occupied building are
considered as portions of the required fence, provided that all doors in
such walls are equipped with locks and that all doors providing access to
the fenced yard are locked when a vicious dog is inside the fenced yard.
j) "Forthwith" means immediately without delay.
k) "Gate" means a swinging or sliding barrier used to fill or close an access
and includes a door.
l) "His" or other words importing the singular number or the masculine
gender only shall include more persons, parties or things of the same kind
than one, and females as well as males and vice versa.
m) "Inspector" means any municipal employee of the Township of Horton
delegated with enforcing or maintaining the provision of this by-law
n) "Kennel" means any premises where domestic animals are kept, boarded
or bred solely for profit or gain.
o) "Leash" means any form of material lead or restraint which has the
capability to control an animal from annoying, bothering or irritating
persons or other animals.
p) "Licence" means a license issued under this By-Law.
q) "Livestock" means any domestic fowl (including chickens, geese, ducks,
pigeons, turkeys, guinea fowl etc.) horse, donkey, mule, ox, cow or other
cattle, goat, swine, sheep, llama, mink, fox, emu or ostrich, or the young
thereof.
r) "Muzzled" means to have securely affixed around the snout or the mouth
and nose of a dog a device commonly known as a muzzle manufactured
in such a way that the dog, when muzzled, will be prevented from biting a
person or other animal.
s) "Nuisance Animal" means any animal that unreasonably annoys
humans, endangers the life or health of other animals, or substantially
interferes with the rights of citizens to enjoyment of life or property.
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t) "Owner of a Dog" includes person who owns, possesses, harbors or has
the care and control of a dog. Where the owner is a minor, the person
responsible for the custody of the minor shall be considered the owner.
u) "Park" shall mean an area of land consisting largely of open space which
many include a recreational area, playground, sports field or similar use,
whether publicly or privately owned.
v) "Person" means any human being considered as a distinct entity or
personality.
w) "Private Property" means land which is owned and controlled by an
individual, group, company or organization.
x) "Public Property" means land for public or common use which is owned
and controlled by the Township of Horton or other government agency.
y) "Pure Blood" means registered or eligible for registration with an
Association incorporated under the Animal Pedigree Act (Canada).
z) "Residential Zone" means those areas designated as residential in the
zoning by-laws of the Corporation of the Township of Horton.
aa) "Rural Zone" means those areas designated as rural in the zoning by-
laws of the Corporation of the Township of Horton
ab) "Township" shall mean all lands contained within the geographical limits
of the Township of Horton.
3. LICENCING AND DOG IDENTIFICATION SYSTEM
3.1 Every owner of a dog shall annually, and not later than March 31 in each
year, and within seven (7) days of becoming an owner of a dog, cause
the dog to be licensed with the municipality.
3.2 On application for a licence, the owner of a dog may be required to
provide a certificate signed by a practicing veterinarian, showing that the
dog has been inoculated with an anti-rabies vaccine within the period to
the thirty-six (36) months immediately prior to the date of application for
licence.
3.4 All licenses and tags issued pursuant to this By-law shall be serially
numbered and a record of their issue shall be kept by the Corporation.
Such record shall set out the name and address of the owner, the name
of the dog and may include information as to the date of the dog's last
anti-rabies inoculation.
3.5 At the time of registration, the owner/applicant shall be required to pay to
the municipality the required license fee pursuant to Schedule "A" of this
By-law.
3.6 Upon payment of the license fee for a dog, the owner shall be furnished
with a tag which shall bear the serial number relating to the application,
and/or sticker indicating the year in which the tag is valid.
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3.7 The owner of a dog shall keep the tag securely affixed on the animal for
which it was issued at all times.
3.8 The fee charged for the replacement of lost dog tags shall be that set out
in Schedule "A" to this By-law.
3.9 No owner shall assign or transfer the license which has been issued for a
dog to any other owner or dog.
4. DUTY OF OWNER
4.1 No person shall keep, harbor or possess a dog in the Township of Horton
without first obtaining a dog license and registering the dog under the
provisions of this by-law.
4.2 No person shall allow a dog to run at large within the Township of Horton.
4.3 No person shall permit or allow a dog to trespass on any private or public
property.
4.4 The owner of any dog, or person having care and custody of any dog,
shall remove forthwith and properly dispose of any excrement left by his
dog on any public or private property, including the owner's property in
the municipality.
4.5 No person shall permit a dog to become a nuisance by persistent barking
or causing excessive noise at anytime so as to disturb the peace or quiet
of any residence or any persons in the vicinity.
4.6 No person shall permit a dog to attack, bite or chase any person or other
animal or cause a nuisance.
5. IMPOUNDMENT
5.1 An Animal Control Officer or designate may seize any dog found running
at large within the Township of Horton or found to be in the contravention
of the provisions of this By-law and cause such dog to be delivered to an
animal shelter or pound.
5.2 If a dog is found trespassing upon another person's property, or public
property, an Animal Control Officer, or designate, may seize and impound
such animal.
5.3 The owner of any dog may obtain the release of such animal that has
been delivered to the animal shelter or pound, by:
a) payment of the fee required by the animal shelter or pound operator;
and
b) purchase of a valid dog license or identification accepted as valid or
issued by the Corporation for such animal.
5.4 If an owner fails to claim the dog during the time period prescribed in the
regulations of the animal shelter or pound, the animal may be sold or
disposed of.
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5.5 Where a dog is seized and/or impounded, and the services of a
veterinarian are necessary, the owner shall pay to the Township, all fees
and charges of the veterinarian in addition to all other fees and charges
payable under this by-law.
6. DESTRUCTION/DISPOSAL
6.1 Any animal found running at large, if apparently diseased, injured or
potentially dangerous, may be destroyed by the Animal Control Officer, or
Police Officer at his/her discretion.
6.2 Where an animal which has been seized, is injured, or should be
destroyed without delay for humane reasons, the Animal Control Office or
Police Officer may dispose of the animal in a humane manner as soon
after seizure as he/she thinks appropriate without permitting any person
to reclaim the animal, or without offering it for adoption, and no damages
or compensation shall be received on account of such disposition.
7. DANGEROUS DOGS
7.1 No person shall permit a dog to attack or bite any person, or other
animal, or fight with another dog, and shall maintain effective control of
his dog by means of a muzzle and/or leash at all times.
7.2 If a dog attacks or bites any person, or other animal, without provocation,
such dog shall be deemed to be a "dangerous dog".
7.3 Any dangerous or vicious dog or dog included in Schedule "B" to this by-
law shall not be kept within the limits of the Township and any owner,
keeper or harbourer of such animal found to be fierce, dangerous or
vicious as defined in this By-law shall be subject to the penalty provided
for in this By-law.
7.4 Once a dog is deemed to be "dangerous", the Animal Control Officer, or
his designate, shall notify the owner of the "dangerous dog", in writing,
that the dog has been deemed to be "dangerous" and the owner shall
ensure the following:
a) the "dangerous dog" does not attack or bite any person or other animal
whether on the owner's property or not;
b) when the "dangerous dog" is on the property of the owner, it is
confined in an enclosed area, in a fenced yard, on a chain or other
suitable restraint device capable of restraining the animal;
c) when the "dangerous dog" is off the property of the owner, it is
securely leashed and muzzled in a manner that prevents it from biting
or attacking a person or other animal and is under the control of a
person over the age of eighteen (18) years.
7.5 In the event a dog which has been previously deemed "dangerous" and
the owner has been duly notified of such pursuant to Section 7.4 of this
By-law, attacks or bites for the second time; the "dangerous dog" shall
not be permitted within the limits of the Township of Horton.
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7.6 In the event a dog which has previously been deemed "dangerous"
attacks or bites for the second time; the Animal Control Officer, or his
designate, shall provide notice in writing to the owner of the "dangerous
dog" of the requirement to remove the "dangerous dog" from within the
Township of Horton; and the owner shall be ten (10) days from the date
of the written notice to comply with this request.
7.7 The owner of the "dangerous dog" after having been notified in writing to
comply with the provisions of this by-law, may request, and is entitled to,
a hearing before Council who may exempt the owner from complying with
some or all of the provisions of this by-law.
7.8 In addition to the requirements of this By-law, the owner of a "dangerous
dog" may be subject to other legislation.
7.9 This section shall not apply to a police working dog while on duty.
8. RABIES CONTROL
8.1 Any animal which has bitten a person shall be promptly reported to the
Township of Horton and/or the Renfrew County Health Department and
shall be securely quarantined and shall not be released from such
quarantine except by written permission of the Medical Officer or Health
or his designate. Such quarantine may be on the premises of the owner
unless otherwise specified by the Medical Officer of Health or his
designate. In the case of dogs or cats whose ownership is unknown, such
quarantine shall be at an animal shelter of the Township's choosing.
8.2 Every dog over the age of three (3) months shall be vaccinated with an
anti-rabies vaccine. The Animal Control Officer may require an owner to
produce proof that the dog has been vaccinated within the past thirty-six
(36) months.
8.3 Every dog owner, upon demand made by the Corporation, shall forthwith
surrender any dog which has bitten a human, or which is suspected of
having been exposed to rabies, for supervised quarantine. Such expense
shall be borne by the owner.
8.4 The Renfrew County Health Department shall direct the disposition of any
animal found to be infected with rabies.
8.5 No person shall fail or refuse to surrender any animal for quarantine or
destruction as required herein when such demand is made by the
Corporation or medical Officer of Health or designate.
9. KENNELS
9.1 No person shall operate a Kennel as defined in this By-law within the
boundaries of the Corporation of the Township of Horton, on property that
is not zoned for a Kennel under the Township's current Comprehensive
Zoning By-law and complies with the requirements of the Zoning By-law
for Kennels as defined in that By-law.
9.2 Every person who owns, operates or conducts a kennel shall annually
and not later than March 31st in each year obtain a licence from the
municipality to operate a kennel and shall pay the licence fee set out in
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Schedule "A" to this By-law. A Kennel shall mean an establishment in
which greater than three dogs are housed, groomed, boarded, bred or
trained for gain or profit. An inspection by the Township's Animal Control
Officer shall be made at least twice per calendar year. Each dog under
the Kennel Licence shall be individually tagged by the Township with
exception of unweaned pups. This includes Kennels for purebred dogs
which are registered with the Canadian Kennel Club pursuant to the
Statutes of Ontario.
9.3 If there is a change of ownership of a Kennel during the licence year the
new owner must purchase a new licence.
10. NUMBER OF ANIMALS PERMITTED
10.1 There shall be no more than two (2) dogs kept, possessed or harboured
at any one household with exception to the Rural Zone.
10.2 The provisions of Section 10.2 shall not apply to dog litters, when the
pups are under four (4) months of age.
10.3 The following grandfathering provision applies. Notwithstanding Section
10.1; the allowable amount of animals of up to three (3) dogs can be
kept, possessed or harboured at any one household provided they exist
at the time this by-law comes into effect and the animals are registered.
The grandfathering clause will not apply to any future animals at a
household if the number exceeds the amount specified in Section 10.1.
11. PROHIBITED ANIMALS
11.1 No person shall keep, possess or harbor:
a) any animal, as listed in Schedule "B" to this By-law; and,
b) No person shall keep livestock in any area of the Township unless
the area is zoned for that purpose or is used for that purpose.
11.2 Notwithstanding the provisions of this By-law, the temporary keeping of
animals, insects and fowl where required as part of a school project is
permitted.
11.3 This By-law shall not apply so as to prevent a person from keeping
these prohibited animals, if such animals were lawfully owned prior to
the date of passing of this By-law provided that:
a) prior to six (6) months from the date of passing of the By-law, these
prohibited animals are registered with the Corporation; and,
b) the burden of proving the exemption is upon the person making the
assertion, of which written registration with the Corporation shall be
sufficient proof thereof.
12. NUISANCE ANIMALS
12.1 No person shall permit or allow any animal to:
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(i) be repeatedly at large;
(ii) damage the property of anyone other than its owner'
(iii) chase vehicles;
(iv) excessively make disturbing noises, including, but not limited to,
persistent howling, barking, whining, screeching or other noises that
disturbs the peace, comfort, rest and enjoyment of the neighborhood;
(v) causes unsanitary condition;
(vi) Is offensive or dangerous to the public health, safety, or welfare of the
neighborhood.
(vii) attacks other animals or livestock.
13. POWER OF ENTRY
13.1 For the purposes of discharging the duties imposed by this by-law and to
enforce its provisions, any agent of the Corporation shall exercise the
powers and procedure in the manner as set out in the Municipal Act S.O.
2001, c.25, sec. 425-431, as may be amended from time to time.
14. EXEMPTIONS
14.1 Service dogs within the meaning of the Blind Persons' Rights Act,
hearing aid dogs and therapy dogs working under the St. John
Ambulance organization where a certificate is produced from a
recognized training establishment stating the dog is being used as a
service or therapy dog, are exempt from the payment of all license fees
applicable pursuant to this By-law. Said dog(s) shall be licensed and
wear the current years licence tag issued by the licensing agent.
14.2 The provisions of Section 4.5 of this By-law shall not apply to a blind
person accompanied by a dog used as a guide or lead dog.
14.3 The provisions of this By-law shall not apply to a police working dog
while on duty.
14.4 The provisions of Section 3 and Section 10.1 of this By-law shall not
apply in the event that a person is harboring a dog for the purposes of
rehabilitation, fostering, or for the temporary care thereof (babysitting),
provided that the dog in question does not remain for more than two (2)
months.
15. OFFENCES
15.1 Every person who contravenes any provision of this by-law is guilty of an
offense and upon conviction, is liable to a fine as provided for in the
Provincial Offences Act.
15.2 Each day a contravention continues may be deemed to be a separate
offence.
16. SEVERABILITY
16.1 It is hereby declared that each and every of the foregoing provisions of
this By-law should for any reason be declared invalid by any Court, it is
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the intention and desire of this Council that each and every of the then
remaining provisions hereof shall remain in full force and effect.
This by-law shall come into full force and take effect upon the passing thereof.
BE IT FURTHER ENACTED, that all By-laws, or parts thereof, and all or any
Resolutions Council contrary thereto, or inconsistent herewith, be and the same
are hereby repealed.
Read a First and Second Time this 03rd day of June 2014.
Read a Third Time and Passed this 03rd day of June 2014.
___________________________ __________________________
Mayor CAO/Clerk
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SCHEDULE "A": License Fees
a) License Fee for each dog:
From January 1st to March 31st of each year
1st dog
$15.00
2nd dog
$20.00
Each Service or Therapy Dog
No Fee
After March 31st of each year
1st dog
$20.00
After March 31st of each year
2nd dog
$25.00
Each Service or Therapy Dog
No Fee
c) Release Fee:
As determined by Animal Shelter
d) Replacement Tag:
$5.00
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SCHEDULE "B": Prohibited Animals
BEING A LIST OF ANIMALS, THE KEEPING OF WHICH IS PROHIBITED
IN ALL ZONES OF THE TOWNSHIP OF HORTON
Except as noted
1. All Marsupials (such as Kangaroos and Opossums)
2. All Non-human Primates (such as Gorillas and Monkeys)
3. All Felids, except domestic cat
4. All Canids, except domestic dog
5. All Pit Bull Terriers, American Pit Bull Terriers, Pit Bulls, Staffordshire Bull
Terriers, American Staffordshire Terriers, or any dog of mixed breeding which
includes any of the aforementioned breeds.
6. All Viverrids (such as Mongoose, Civits and Genets), except domestic ferrets.
7. All Hyaenas
8. All Ursdies (Bears)
9. All Perissodactylus Ungulates (such as the Domestic Horse and Ass,
Antelopes, Wild Bores, Gazelle and Zebras) except for Domestic Horse and
Ass which shall be permitted as set out in the Rural Zone provisions.
10. All Elephants
11. All Pinipeds (such as Seals, Fur Seals and Walruses)
12. All Snakes of the Family Pythonidae and Biodae
13. All Venomous Animals (Vipers, Rattlers, Cotton Mouth, Copper Head,
Cobras, Black Widow spider)
14. All Diurnal and Nocturnal Raptors (such as Eagles, Hawks and Owls)
15. All Edentates (such as Anteaters, Sloths and Armadillos)
16 All Crocodilians (such as Alligators and Crocodiles)
17. Skunks
18. Raccoons
19. Groundhogs
Examples of animals of a particular prohibited group are given in parentheses.
They are examples only and shall not be construed as limiting the generality of
the group.
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SCHEDULE "C
FENCE REQUIREMENTS
a) Fences shall be 1.98 meters (6 feet) in height and installed such that no gap
greater than 150 mm (4 inches) exists between the underside of the fence
and the finished grade. Fences shall be of a design that will reasonably deter
children from climbing it to gain access to the fenced-in area and that will
prevent a vicious dog or a dog included in Schedule "A" to this By-law from
digging its way out of or otherwise escaping from the enclosed yard. If a
fence contains an opening for access, the opening shall be closed with a gate
which shall provide protection equivalent to the fence and shall be equipped
with self-closing, self-latching devices and locks located at the top of and
inside the gates.
b) A fence shall:
i) If of chainlink construction:
1. Be of not greater than 50 mm (2 inches) diamond mesh;
2. Be construction of galvanized steel wire not less than 3.6 mm diameter
(No. 11 gauge) steel wire covered with a vinyl coating forming a total
thickness equivalent of 3.6 mm (No. 9 gauge);
3. Be supported by at least 38 mm (1.5 inches) diameter galvanized steel
posts installed in accordance with good fencing techniques. Such
posts shall be spaced not more than 3 m (10 feet) apart. Top
horizontal rails shall be at least 32 mm (1.25 inches) diameter
galvanized steel. Bottom horizontal rails shall be a 12 mm (.5 inch)
diameter galvanized tension rail or a 32 mm (1.25 inches) diameter
galvanized rail.
ii) If of wood construction:
1. Be of alternating vertical boards attached to supporting horizontal
members. Such vertical boards shall have a minimum dimension of 19
x 88 mm (1 x 4 inches nominal) and spaced at a maximum of 100 mm
(4 inches);
2. Supporting horizontal members shall have a minimum dimension of 38
x 88 mm (2 x 4 inches nominal) and shall be spaced a minimum of 1.4
m (4 feet 6 inches) apart;
3. Horizontal members shall be supported by posts spaced not more than
2.4 m (8 feet) on center. Such posts shall be 88 mm (4 inches
nominal) square or in diameter and securely placed to a minimum of
0.6 m (2 feet) below grade. That portion below grade shall be treated
with a wood preservative or the post shall be of pressure treated wood.
15
iii) If the fence design is other than specified in (i) or (ii) either in material or
otherwise, such fence shall require approval by the Municipal Law
Enforcement Officer.
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SCHEDULE "D"
Dog Owners' Liability Act R.S.O., Chapter D.16
Dog Owners' Liability Act
R.S.O. 1990, CHAPTER D.16
INTERPRETATION
Definitions
1. (1) In this Act,
"owner", when used in relation to a dog, includes a person who possesses or harbours the dog and, where
the owner is a minor, the person responsible for the custody of the minor; ("propriétaire")
"pit bull" includes,
(a) a pit bull terrier,
(b) a Staffordshire bull terrier,
(c) an American Staffordshire terrier,
(d) an American pit bull terrier,
(e) a dog that has an appearance and physical characteristics that are substantially similar to those of
dogs referred to in any of clauses (a) to (d); ("pit-bull")
"pound" has the same meaning as in the Animals for Research Act; ("fourrière")
"regulation" means a regulation made under this Act. ("règlement") R.S.O. 1990, c. D.16, s. 1; 2005, c. 2,
s. 1 (2).
Same
(2) In determining whether a dog is a pit bull within the meaning of this Act, a court may have regard to
the breed standards established for Staffordshire Bull Terriers, American Staffordshire Terriers or
American Pit Bull Terriers by the Canadian Kennel Club, the United Kennel Club, the American Kennel
Club or the American Dog Breeders Association. 2005, c. 2, s. 1 (3).
CIVIL LIABILITY
Liability of owner
2. (1) The owner of a dog is liable for damages resulting from a bite or attack by the dog on another
person or domestic animal. R.S.O. 1990, c. D.16, s. 2 (1).
Where more than one owner
(2) Where there is more than one owner of a dog, they are jointly and severally liable under this section.
R.S.O. 1990, c. D.16, s. 2 (2).
Extent of liability
(3) The liability of the owner does not depend upon knowledge of the propensity of the dog or fault or
negligence on the part of the owner, but the court shall reduce the damages awarded in proportion to the
degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the damages.
R.S.O. 1990, c. D.16, s. 2 (3).
Contribution by person at fault
(4) An owner who is liable to pay damages under this section is entitled to recover contribution and
indemnity from any other person in proportion to the degree to which the other person's fault or negligence
caused or contributed to the damages. R.S.O. 1990, c. D.16, s. 2 (4).
Application of Occupiers' Liability Act
3. (1) Where damage is caused by being bitten or attacked by a dog on the premises of the owner, the
liability of the owner is determined under this Act and not under the Occupiers' Liability Act. R.S.O. 1990,
c. D.16, s. 3 (1).
Protection of persons or property
(2) Where a person is on premises with the intention of committing, or in the commission of, a criminal
act on the premises and incurs damage caused by being bitten or attacked by a dog, the owner is not liable
under section 2 unless the keeping of the dog on the premises was unreasonable for the purpose of the
protection of persons or property. R.S.O. 1990, c. D.16, s. 3 (2).
PROCEEDINGS -- PART IX OF THE PROVINCIAL OFFENCES ACT
Proceedings against owner of dog
4. (1) A proceeding may be commenced in the Ontario Court of Justice against an owner of a dog if it is
alleged that,
(a) the dog has bitten or attacked a person or domestic animal;
(b) the dog has behaved in a manner that poses a menace to the safety of persons or domestic animals;
or
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(c) the owner did not exercise reasonable precautions to prevent the dog from,
(i) biting or attacking a person or domestic animal, or
(ii) behaving in a manner that poses a menace to the safety of persons or domestic animals. 2005,
c. 2, s. 1 (6).
Same
(1.1) A proceeding may be commenced in the Ontario Court of Justice against a person if it is alleged
that the person contravened a provision of this Act or the regulations or a court order made under this Act.
2005, c. 2, s. 1 (6).
Nature of proceeding
(1.2) Part IX of the Provincial Offences Act applies to a proceeding under this section. 2005, c. 2,
s. 1 (6).
Standard of proof
(1.3) Findings of fact in a proceeding under this section shall be made on the balance of probabilities.
2005, c. 2, s. 1 (6).
Interim order
(2) When a proceeding has been commenced under subsection (1) or (1.1), the Ontario Court of Justice
may, pending a determination of whether an order should be made under subsection (3) or pending an
appeal of such an order, make an interim order requiring the owner to take measures specified in the
interim order for the more effective control of the dog. 2000, c. 26, Sched. A, s. 6; 2005, c. 2, s. 1 (7).
Final order
(3) If, in a proceeding under subsection (1), the court finds that the dog has bitten or attacked a person or
domestic animal or that the dog's behaviour is such that the dog is a menace to the safety of persons or
domestic animals, and the court is satisfied that an order is necessary for the protection of the public, the
court may order,
(a) that the dog be destroyed in the manner specified in the order; or
(b) that the owner of the dog take the measures specified in the order for the more effective control of
the dog or for purposes of public safety. 2000, c. 26, Sched. A, s. 6; 2005, c. 2, s. 1 (8, 9).
Examples, measures for more effective control
(4) Some examples of measures that may be ordered under subsection (2) or clause (3) (b) are:
1. Confining the dog to its owner's property.
2. Restraining the dog by means of a leash.
3. Restraining the dog by means of a muzzle.
4. Posting warning signs. 2000, c. 26, Sched. A, s. 6; 2005, c. 2, s. 1 (10).
Automatic restraint order
(5) If a dog whose destruction has been ordered under clause (3) (a) is not taken into custody
immediately, the owner shall restrain the dog by means of a leash and muzzle and such other means as the
court may order until the dog is taken into custody. 2000, c. 26, Sched. A, s. 6; 2005, c. 2, s. 1 (11).
Considerations
(6) Except as provided by subsections (8) and (9), in exercising its powers to make an order under
subsection (3), the court may take into consideration the following circumstances:
1. The dog's past and present temperament and behaviour.
2. The seriousness of the injuries caused by the biting or attack.
3. Unusual contributing circumstances tending to justify the dog's action.
4. The improbability that a similar attack will be repeated.
5. The dog's physical potential for inflicting harm.
6. Precautions taken by the owner to preclude similar attacks in the future.
7. Any other circumstances that the court considers to be relevant. 2000, c. 26, Sched. A, s. 6; 2005,
c. 2, s. 1 (12).
Sterilization requirement
(7) The owner of a dog that is subject to an order under clause (3) (b) shall ensure that the dog is
neutered or spayed, as the case may be, within 30 days of the making of the order or, if the court specifies a
different time period, within the time period specified by the court. 2005, c. 2, s. 1 (13).
Mandatory order under cl. (3) (a)
(8) When, in a proceeding under this section, the court finds that the dog is a pit bull and has bitten or
attacked a person or domestic animal, or has behaved in a manner that poses a menace to the safety of
persons or domestic animals, the court shall make an order under clause (3) (a). 2005, c. 2, s. 1 (13).
Same
(9) When, in a proceeding under this section, the court finds that the owner of a pit bull contravened a
provision of this Act or the regulations relating to pit bulls or contravened a court order relating to one or
more pit bulls, the court shall make an order under clause 3 (a). 2005, c. 2, s. 1 (13).
Onus of proof, pit bulls
(10) If it is alleged in any proceeding under this section that a dog is a pit bull, the onus of proving that
the dog is not a pit bull lies on the owner of the dog. 2005, c. 2, s. 1 (13).
18
Order to prohibit dog ownership
5. When, in a proceeding under section 4, the court finds that the dog has bitten or attacked a person or
domestic animal or that the dog's behaviour is such that the dog is a menace to the safety of persons or
domestic animals, the court may make an order prohibiting the dog's owner from owning another dog
during a specified period of time. 2000, c. 26, Sched. A, s. 6; 2005, c. 2, s. 1 (14).
PRECAUTIONS BY DOG OWNERS
Owner to prevent dog from attacking
5.1 The owner of a dog shall exercise reasonable precautions to prevent it from,
(a) biting or attacking a person or domestic animal; or
(b) behaving in a manner that poses a menace to the safety of persons or domestic animals. 2005, c. 2,
s. 1 (15).
PIT BULLS -- BAN AND RELATED CONTROLS
Pit bull ban
6. Except as permitted by this Act or the regulations, no person shall,
(a) own a pit bull;
(b) breed a pit bull;
(c) transfer a pit bull, whether by sale, gift or otherwise;
(d) abandon a pit bull other than to a pound operated by or on behalf of a municipality, Ontario or a
designated body;
(e) allow a pit bull in his or her possession to stray;
(f) import a pit bull into Ontario; or
(g) train a pit bull for fighting. 2005, c. 2, s. 1 (16).
Ownership of restricted pit bulls
7. (1) For the purposes of this Act, a pit bull is a restricted pit bull if,
(a) it is owned by a resident of Ontario on the day subsection 1 (16) of the Public Safety Related to Dogs
Statute Law Amendment Act, 2005 comes into force; or
(b) it is born in Ontario before the end of the 90-day period beginning on the day subsection 1 (16) of
the Public Safety Related to Dogs Statute Law Amendment Act, 2005 comes into force. 2005, c. 2,
s. 1 (16).
Same
(2) Despite clause 6 (a), a person may own a pit bull if it is a restricted pit bull. 2005, c. 2, s. 1 (16).
Controls on restricted pit bulls
(3) A person who owns a restricted pit bull shall ensure compliance with the requirements set out in this
Act and the regulations that relate to restricted pit bulls, within such time frames as are provided for those
requirements in this Act or the regulations. 2005, c. 2, s. 1 (16).
Ownership of pit bull other than restricted
8. (1) Despite clause 6 (a), a pound may own a pit bull that is not a restricted pit bull for as long as is
reasonably necessary to fulfil its obligations under the Animals for Research Act. 2005, c. 2, s. 1 (16).
Same
(2) Despite clause 6 (a), a research facility registered under the Animals for Research Act may own a pit
bull that is not a restricted pit bull that is transferred to it under the Animals for Research Act. 2005, c. 2,
s. 1 (16).
Transfer of pit bulls
9. (1) Despite clause 6 (c) and subject to the regulations, an owner of a restricted pit bull may transfer
that pit bull by gift or bequest. 2005, c. 2, s. 1 (16).
Same
(2) No person who owned one or more pit bulls on the day subsection 1 (16) of the Public Safety Related
to Dogs Statute Law Amendment Act, 2005 comes into force shall acquire a pit bull under subsection (1)
after that day if the effect of the acquisition would be that the person owns more pit bulls after that day than
on that day. 2005, c. 2, s. 1 (16).
Same
(3) No person who did not own a pit bull on the day subsection 1 (16) of the Public Safety Related to
Dogs Statute Law Amendment Act, 2005 comes into force shall acquire more than one pit bull under
subsection (1) after that day. 2005, c. 2, s. 1 (16).
Same
(4) The limits set out in subsections (2) and (3) do not apply to a pound operated by or on behalf of a
municipality, Ontario or a designated body or to a research facility within the meaning of the Animals for
Research Act. 2005, c. 2, s. 1 (16).
Same
(5) Despite clause 6 (c), a pit bull may be transferred by its owner to a pound operated by or on behalf of
a municipality, Ontario or a designated body. 2005, c. 2, s. 1 (16).
Same
19
(6) Despite clause 6 (c), a pit bull may be transferred in accordance with section 20 of the Animals for
Research Act. 2005, c. 2, s. 1 (16).
Importation of restricted pit bulls
10. (1) For the purposes of clause 6 (f), an individual who leaves Ontario with a restricted pit bull and
returns to Ontario with that pit bull within three months is not importing that pit bull into Ontario. 2005,
c. 2, s. 1 (16).
Same
(2) For the purposes of clause 6 (f), an individual who owns a pit bull on the day referred to in clause 7
(1) (a) and is legally resident in Ontario on that day, but who is not present in Ontario on that day, is not
importing a pit bull into Ontario if he or she returns to Ontario with that pit bull within three months of that
day. 2005, c. 2, s. 1 (16).
Municipal by-laws
11. Despite section 14 of the Municipal Act, 2001 and section 11 of the City of Toronto Act, 2006, if
there is a conflict between a provision of this Act or of a regulation under this or any other Act relating to
pit bulls and a provision of a by-law passed by a municipality relating to pit bulls, the provision that is the
most restrictive in relation to controls or bans on pit bulls prevails. 2005, c. 2, s. 1 (16); 2006, c. 32,
Sched. C, s. 13.
SEARCH AND SEIZURE
Peace officers
12. For the purposes of this Act, the following persons are peace officers:
1. 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.
2. A municipal law enforcement officer.
3. An inspector or agent under the Ontario Society for the Prevention of Cruelty to Animals Act.
4. A public officer designated as a peace officer for the purposes of this Act. 2005, c. 2, s. 1 (16).
Warrant to seize dog
13. (1) Subsection (2) applies where a justice of the peace is satisfied by information on oath or
affirmation that there are reasonable grounds to believe that,
(a) a dog is in any building, receptacle or place, including a dwelling house, other than in a pound
operated by or on behalf of a municipality, Ontario or a designated body or in a research facility
registered under the Animals for Research Act; and
(b) it is not desirable in the interests of public safety that the dog be in that location. 2005, c. 2,
s. 1 (16).
Same
(2) In the circumstances described in subsection (1), the justice of the peace may issue a warrant
authorizing a peace officer named in the warrant to enter any building, receptacle or place, including a
dwelling house, to search for and seize the dog and any muzzle, collar or other equipment for the dog.
2005, c. 2, s. 1 (16).
Same
(3) Without limiting the generality of clause (1) (b), it is not desirable in the interests of public safety for
a dog to be in a location other than in a pound operated by or on behalf of a municipality, Ontario or a
designated body or in a research facility registered under the Animals for Research Act if,
(a) the dog has on one or more occasions bitten or attacked a person or domestic animal;
(b) the dog has on one or more occasions behaved in a manner that poses a menace to the safety of
persons or domestic animals;
(c) an owner of the dog has on one or more occasions failed to exercise reasonable precautions to
prevent the dog from,
(i) biting or attacking a person or domestic animal, or
(ii) behaving in a manner that poses a menace to the safety of persons or domestic animals;
(d) the dog is a restricted pit bull and an owner of the dog has on one or more occasions failed to comply
with one or more of the requirements of this Act or the regulations respecting restricted pit bulls;
(e) the dog is a pit bull other than a restricted pit bull; or
(f) there is reason to believe that the dog may cause harm to a person or domestic animal. 2005, c. 2,
s. 1 (16).
Same
(4) A peace officer named in a warrant who is executing a warrant under this section may be
accompanied by one or more veterinarians or animal control personnel as are reasonably required to give
effect to the safe and humane seizure of the dog, whether the accompanying persons are named in the
warrant or not. 2005, c. 2, s. 1 (16).
Same
(5) Every warrant issued under this section shall name a date on which it expires, which date shall be not
later than 30 days after its issue. 2005, c. 2, s. 1 (16).
Same
(6) Every warrant shall be executed between 6 a.m. and 9 p.m., unless the justice by the warrant
otherwise authorizes. 2005, c. 2, s. 1 (16).
20
Exigent circumstances
14. (1) Where the circumstances in clauses 13 (1) (a) and (b) exist and it would be impracticable to
obtain a warrant because of exigent circumstances, a peace officer may exercise any of the powers of a
peace officer described in section 13. 2005, c. 2, s. 1 (16).
Same
(2) In this section, exigent circumstances include circumstances in which the peace officer has
reasonable grounds to suspect that entry into any building, receptacle or place, including a dwelling house,
is necessary to prevent imminent bodily harm or death to any person or domestic animal. 2005, c. 2,
s. 1 (16).
Seizure in public place
15. (1) A peace officer may seize a dog in a public place if the officer believes on reasonable grounds
that,
(a) the dog has on one or more occasions bitten or attacked a person or domestic animal;
(b) the dog has on one or more occasions behaved in a manner that poses a menace to the safety of
persons or domestic animals;
(c) an owner of the dog has on one or more occasions failed to exercise reasonable precautions to
prevent the dog from,
(i) biting or attacking a person or domestic animal,
(ii) behaving in a manner that poses a menace to the safety of persons or domestic animals;
(d) the dog is a restricted pit bull and an owner of the dog has on one or more occasions failed to comply
with one or more of the requirements of this Act or the regulations respecting restricted pit bulls;
(e) the dog is a pit bull other than a restricted pit bull; or
(f) there is reason to believe that the dog may cause harm to a person or domestic animal. 2005, c. 2,
s. 1 (16).
Same
(2) Subsection (1) shall not be interpreted to restrict seizure of a dog in a public place if the seizure is
otherwise lawful. 2005, c. 2, s. 1 (16).
Necessary force
16. A peace officer may use as much force as is necessary to execute a warrant issued under section 13
or to exercise any authority given by section 14 or 15. 2005, c. 2, s. 1 (16).
Delivery of seized dog to pound
17. A peace officer who seizes a dog under section 13, 14 or 15 shall promptly deliver the seized dog to
a pound operated by or on behalf of a municipality, Ontario or a designated body. 2005, c. 2, s. 1 (16).
OFFENCES
Offences
18. (1) An individual who contravenes any provision of this Act or the regulations or who contravenes
an order made under this Act or the regulations is guilty of an offence and liable, on conviction, to a fine of
not more than $10,000 or to imprisonment for a term of not more than six months, or both. 2005, c. 2,
s. 1 (16).
Same
(2) A corporation that contravenes any provision of this Act or the regulations or that contravenes an
order made under this Act or the regulations is guilty of an offence and liable, on conviction, to a fine of
not more than $60,000. 2005, c. 2, s. 1 (16).
Same
(3) If a person is convicted of an offence under this Act, the court making the conviction may, in
addition to any other penalty, order the person convicted to make compensation or restitution in relation to
the offence. 2005, c. 2, s. 1 (16).
Identification of pit bull
19. (1) A document purporting to be signed by a member of the College of Veterinarians of Ontario
stating that a dog is a pit bull within the meaning of this Act is receivable in evidence in a prosecution for
an offence under this Act as proof, in the absence of evidence to the contrary, that the dog is a pit bull for
the purposes of this Act, without proof of the signature and without proof that the signatory is a member of
the College. 2005, c. 2, s. 1 (16).
Immunity
(2) No action or other proceeding may be instituted against a member of the College of Veterinarians of
Ontario for providing, in good faith, a document described in subsection (1). 2005, c. 2, s. 1 (16).
Onus of proof
(3) For greater certainty, this section does not remove the onus on the prosecution to prove its case
beyond a reasonable doubt. 2005, c. 2, s. 1 (16).
REGULATIONS
Regulations
20. (1) The Lieutenant Governor in Council may make regulations respecting the control of pit bulls.
2005, c. 2, s. 1 (16).
Same
21
(2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make
regulations,
(a) respecting leashing and muzzling of restricted pit bulls;
(b) respecting the spaying or neutering of restricted pit bulls;
(c) authorizing persons or other bodies specified in the regulations to pass and enforce by-laws
governing pit bulls for the purposes of unorganized territory or specified parts of unorganized
territory in the same ways that a municipality can pass and enforce by-laws governing pit bulls for
the purposes of its geographic jurisdiction;
(d) governing the presence in Ontario of pit bulls in connection with dog shows, including regulations
providing for exemptions, subject to any restrictions specified in the regulations, from any provision
of this Act or the regulations;
(e) designating bodies referred to as designated in this Act;
(f) designating public officers as peace officers for the purposes of this Act. 2005, c. 2, s. 1 (16).
Same
(3) Regulations may be general or specific. 2005, c. 2, s. 1 (16).
Same
(4) Without limiting the generality of subsection (3), a regulation may be made to apply or not to apply
to a person or body specified in the regulation. 2005, c. 2, s. 1 (16).
22
SCHEDULE "E"
Set Fines for Use Under Part 1
of the Provincial Offences Act
ITEM
SHORT FORM WORDING
OFFENCE CREATING
PROVISION
SET FINE
(including
court costs)
1.
Use Licence Receipt/Tag for Another Dog
3.9
$155
2.
Own, Keep, or Harbour Unlicenced Dog
4.1
$55
3.
Owner - Permit Dog to Run at Large
4.2
$55
4.
Fail to Pick up Excrement
4.4
$55
5.
Permit Excessive Noise by Dog
4.5
$75
6.
Dog - Not Under Control
4.6
$55
7.
Owner - Permit Dog to Attack, Bite a
Person or Dog or Fight with another Dog
7.1
$250
8.
Fail to Secure Dangerous or Potentially
Dangerous Dog
7.4 (a)
$250
9.
Fail to Confine or Restrict Dangerous or
Potentially Dangerous Dog
7.4 (b)
$250
10.
Fail to Securely Leash or Muzzle
Dangerous or Potentially Dangerous Dog
7.4 (c)
$250
11.
Operate Illegal Kennel
9.1
$250