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THE CORPORATION OF THE MUNICIPALITY OF HURON SHORES
BY-LAW #22-76
BEING A BY-LAW TO REGULATE ANIMALS
IN THE MUNICIPALITY OF HURON SHORES
WHEREAS the Municipal Act, R.S.O. 1990, C. M.45, Section 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 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;
AND WHEREAS the Ontario Society for the Prevention of Cruelty to
Animals Act, R.S.O., 1990, Chap. O.36, provides special powers to
help animals in distress;
NOW THEREFORE the Municipal Council of the Corporation of the
Municipality of Huron Shores hereby ENACTS AS FOLLOWS:
PART 1. DEFINITIONS
1.1
"Animal" means any member of the animal kingdom, other than
human, as defined in the Municipal Act;
1.2
"Animal Enclosure" means an enclosed place for the keeping of
animals, but the yard of a property where fencing has been
erected on or along the property lines for the purpose of
enclosing, in whole or in part, the yard itself, shall not be
deemed to be an animal enclosure;
1.3
"Animal Control Officer (ACO)" means the person or company,
or their employees, under contract with the Municipality, to
enforce the requirements of this By-law, or an employee of the
Municipality of Huron Shores employed to administer and
enforce the requirements of this By-law; and that may be
referred to hereinafter as the ACO;
1.4
"Appeals Committee" means a Committee appointed by
Council to hear dangerous dog order appeals in connection with
this By-law;
1.5
"At Large" or "Trespass" means an animal being at any place
other than the premises of the owner of the animal and not
under the control of the owner or a person acting on behalf of
the owner, and in the case of dogs including not being on a
leash, except where the owner of the property, other than the
animal owner's property, permits the animal to be on his or her
property;
1.6
"Commercial Dog Kennel" means any building, pen or other
structure, but not including a building used for human
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habitation, in which a dog or dogs not belonging to the owner of
the property, in return for payment of a fee, are kept or
permitted to be kept by its owner in violation of the
requirements for such dog;
1.7
"Corporation" means The Corporation of the Municipality of
Huron Shores;
1.8
"Council" means the Council of the Corporation of the
Municipality of Huron Shores;
1.9
"Dangerous Dog" means a dog that in the absence of any
mitigating factor 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 other domestic animals. Dangerous dog
also means a dog, previously designated as a potentially
dangerous dog, that is kept or permitted to be kept by its
owner in violation of the requirements for such dog;
1.10 "Domestic Animal" means an animal kept or living with
human beings;
1.11 "Dog" means a domesticated canine animal, male or female,
spayed or neutered or natural, harboured or kept by any
person;
1.12 "Dog Kennel" means any building, pen or structure, but not a
building used for human habitation, in which purebreds dogs
are kept as pets for show and/or breeding;
1.13 "Dwelling Unit" means one (1) or more habitable rooms
occupied or capable of being occupied by a person or a family
as an independent and separate housekeeping establishment in
which separate kitchen and sanitary facilities are provided for
the use of such person or family, with a private entrance from
outside the building or from a common hallway or stairway
inside the building in which the dwelling united is located;
1.14 "Herding Dog" means a dog that has been trained and is
actively being used in a bona fide farming operation for the
purposes of controlling livestock on the farm.
1.15 "Impounded" shall mean seized, delivered, received or taken
into the pound or any authorized vehicle operated by an officer
pursuant to the provisions of this By-law;
1.16 "Keep" means to have temporary or permanent control or
possession of an animal;
1.17 "Leash" means a rope, chain or other restraining device for a
dog which may not exceed 2 metres (6.6 feet) in length, except
for pit bull dogs the leash for which shall not exceed 1.8 metres
(5.9 feet) in length;
1.18 "Livestock Guardian Dog" (LGDs) means a dog that works
and/or lives with domestic farm animals (e.g. cattle, sheep,
poultry) to protect them while repelling predators and is used
exclusively for that purpose.
1.19 "Municipality" means the Municipality of Huron Shores;
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1.20 "Muzzle" means a humane fastening or covering device over
the mouth of a dog that is strong enough and well-fitted
enough to prevent the dog from biting, without interfering with
the breathing, panting or vision of the dog or without
interfering with the dog's ability to drink;
1.21 "Muzzle Order" means an Order issued by the Animal Control
Officer or an Officer for a muzzle to be placed on a dog;
1.22 "Officer" is the Animal Control Officer designated by Council, a
Municipal By-law Enforcement Officer designated by Council and
a Police Officer of the Municipality;
1.23 "Owner" means a person who keeps, harbors, or has custody
of an animal, and, in the case of a minor, "owner" means the
person responsible for the custody of the minor. If there is
more than one owner of an animal, they are jointly and
severally the owner;
1.24 "Person" means an individual, partnership, association, firm or
corporation;
1.25 "Pit bull" means the breed of dog which includes:
a)
a pit bull terrier,
b)
a Staffordshire bull terrier breed,
c)
an American Staffordshire terrier breed,
d)
an American Pit Bull Terrier breed,
e)
a member of a class of dogs that have the appearance and
physical characteristics that are substantially similar to
dogs referred to in (b) through (d) above. In determining
whether a dog is a pit bull, regard may be had to the breed
standards established for dogs referred to, in (b) through
(d) above, by the Canadian Kennel Club, the United Kennel
Club, the American Kennel Club or the American Dog
Breeders Association;
1.26 "Police Work Dog" means a dog trained for and engaged in
law enforcement by any federal, provincial or municipal
government agency;
1.27 "Pound" means those premises designated by the Corporation
for the detention, maintenance or disposal of animals that have
been impounded by an officer and shall include any building or
buildings and enclosures maintained on behalf of the
Corporation by any person or organization as is duly authorized
to do so for the purpose of carrying out the provisions of this
By-law and such building or buildings and enclosure shall
conform to the Animals for Research Act, 1990, as may be
amended;
1.28 "Prohibited Dog" means:
a)
a pit bull dog that is not restricted,
b)
a pit bull dog, previously designated as a restricted dog,
that is kept or permitted to be kept by its owner in
violation of the requirements for such dog, or
c)
a dog, previously designated as a potentially dangerous
dog or a dangerous dog, that is kept or permitted to be
kept by its owner in violation of the requirements for such
dog.
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1.29 "Protective Care" means the temporary keeping of an animal
as a result of an eviction, incarceration, medical or fire
emergency, or any other situation that an Officer deems
appropriate for the health and safety of the animal;
1.30 "Restricted Dog" means a dog that is a pit bull that is owned
by a resident on August 29, 2005, or it is born before the end
of the 90-day period beginning August 29, 2005, and that has
been registered by the owner with the Corporation and
maintains a valid municipal dog license;
1.31 "Service Animal" means a guide dog and other trained
service animal identifiable by a harness and used principally to
assist persons with a visual, hearing or other impediment;
1.32 "Veterinarian" means a member of the College of
Veterinarians of Ontario.
PART 2. ADMINISTRATION AND ENFORCEMENT
2.1
The Animal Control Officer shall be responsible for the
administration of this By-law, and the Animal Control Officer, a
By-law Enforcement Officer and any Police Officer of the
Municipality shall be responsible for the enforcement of this By-
law.
PART 3. CARE OF ANIMALS
3.1
TETHERS
3.1.1 No Person shall keep an Animal Tethered unless:
a)
the Tether is a minimum of four (4) metres in length; and
b)
the Animal has unrestricted and unobstructed movement
within the range of the Tether; and
c)
the Animal has access to water, food and shelter; and
d)
the Animal is Tethered in a way that it will not injure itself.
3.1.2 In no case shall a Tether permit the Animal to go beyond the
limits of the Person's lands that form a part of the Person's
Premises.
3.1.3 In no case shall a Person Tether an Animal by tying or affixing a
rope, cord, chain or any other restraining device directly around
the Animal's neck.
3.2
KEEPING ANIMAL UNDER SANITARY CONDITIONS
3.2.1 Every Person who keeps an Animal within the Municipality shall
keep the Animal, or cause the Animal to be kept on Premises
that are free from the accumulation of fecal or other waste
matter, foul odour, insect infestation, rodent attractants or any
other unsanitary condition that disturbs or is likely to disturb
the enjoyment, comfort or convenience of any Person or
Animal, or that may endanger the health of any Person or
Animal.
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PART 4. DOGS
4.1
REGISTRATION
4.1.1 Every owner of a dog shall:
a)
Register the Dog with the Municipality by completing a Dog
License Form provided by the Municipality and pay the applicable
registration fee set out in the Fees By-law; and
b) in order to qualify for any discounted registration fee set out in
the Fees By-law the Owner shall at time of registration provide proof
of sterilization; and
c)
where a Dog is ten (10) months of age or older, the Owner shall
at time of registration, provide proof of current immunization against
rabies or, provide in writing from a licensed veterinarian an
exemption from rabies vaccination; and
d)
renew the registration annually before March 1st of each year;
and
e)
ensure the Dog identification tag, issued as part of the
registration, is displayed on the dog collar, and that the collar is
affixed to the dog while the dog is off the Owner`s Premises; and
f)
obtain a replacement tag within forty-eight (48) hours by
paying the fee as set out in the Fees By-law in the event that such
tag is lost; and
g)
pay any additional applicable fee set out in the Fees By-law
where the dog is registered on or after March 1st.
4.1.2 The Owner of a Dog shall notify the Municipality within fourteen (14)
days of the termination or death of a Dog registered with the
Municipality or of any changes to the information provided.
4.1.3 The Municipality shall provide the Owner with an identification tag for
each Dog registered in accordance with this By-law.
4.1.4 No Person shall use an identification tag for any Dog other than the
Dog for which such identification tag was issued.
4.1.5 No Person shall provide the Municipality with any false information in
respect of the registration, or renewal of a registration of a Dog.
4.1.6 Notwithstanding article 4.1.1, where the Officer is satisfied that a
Person who is Disabled is the Owner of a Service Dog and used to
assist such Disabled Person, there shall be no fee payable by the
Owner for a license under this section.
4.1.7 Notwithstanding article 4.1.1, where the Dog is a police working dog,
there shall be no fee payable by the Owner for a license under this
section.
4.1.8 A Dog registration fee paid pursuant to this By-law is non-refundable
and non-transferable in whole or in part.
4.1.9 Notwithstanding article 4.1.1 e) Livestock Guardian Dogs and Herding
dogs shall be exempt from ensuring the Dog identification tag is
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displayed on the dog collar while the dog is being actively used in
farming practices provided the owner uses an alternative means of
identification linking the animal to the name and address of the
owner, e.g. either a tattoo or microchip containing the required
information.
4.2
LEASHING AND AT LARGE
4.2.1 No Owner shall permit a Dog to be At Large in the Municipality.
4.2.2 No Person shall permit a Dog to enter upon the private property of
another Person or to remain on the private property of another
Person without that Property Owner's prior consent.
4.2.3 No Person shall permit a Dog to enter upon or remain in an area
where Dogs are prohibited by posted Official Signs.
4.2.4 No Owner of a Dog shall use a leash or other restraining device that
exceeds two (2) metres in length, but in no case shall an Owner use
a leash of a length that does not enable proper control of the Dog.
4.2.5 The Owner of a Dog shall control a Dog by means of a leash that is
held or affixed to the individual.
4.2.6 For the purpose of article 4.2.5, a Dog shall not be deemed to be
controlled by a leash if the leash is attached to an immovable object,
a Motor Vehicle or a bicycle.
4.2.7 No Person shall permit a Dog to be left unattended while tethered or
tied on premises where the public has access.
4.2.8 No Person shall use a collar on a Dog that restricts, or may restrict,
the animal's ability to breathe or swallow or that causes or may
cause the Dog discomfort.
4.2.9 Articles 4.2.1 to 4.2.5 inclusively and 4.2.7 shall not apply to:
a)
Police working Dogs while they are in the course of fulfilling
their duties;
b)
Hunting Dogs that are under the direct supervision of an
individual who is a bona fide hunter actively engaged in hunting in
accordance with applicable law to whom has been issued such
necessary licenses and permits as may be required by such
applicable law; and provided that such individual has obtained the
prior consent of the registered Owner or tenant having the authority
to grant permission to use the parcel of land on which the hunting
Dogs are At Large, which consent is obtained prior to the date of the
occasion on which the Dogs are At Large;
c)
any events authorized by the Municipality which allows for Dogs
to be off-leash: and
d)
Approved Dog Park.
4.3
IMPOUNDMENT OF DOGS
4.3.1 Any Officer may seize any Dog that is found At Large in the
Municipality and may cause such Dog to be delivered to the Pound.
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4.3.2 Any individual may seize any Dog that is found At Large in the
Municipality and such individual shall immediately contact the ACO,
cause such Dog to be delivered to the Pound or, if known, return the
Dog to its Owner.
4.3.3 A Dog seized pursuant to articles 4.3.1 or 4.3.2 shall be considered
impounded at the time and place when it comes under the control of
an Officer or, in any other case, when delivered to the Pound.
4.3.4 Upon seizing or taking possession of any seized Dog, the Pound shall
impound the Dog and make reasonable efforts to determine the
identity of the Owner of the Dog and inform such Person that their
animal has been impounded.
4.3.5 The Pound shall keep any Dog impounded pursuant to this By-law for
a redemption period of three (3) days. This redemption period shall
be calculated by excluding:
a)
the day on which the dog was impounded; and
b)
statutory holidays; and
c)
days on which the Pound is closed.
4.3.6 During the redemption period, the Pound:
a)
may provide such veterinary care or other care for an injured or
ill impounded Dog as may be necessary to sustain its life or relieve
any distress; and
b)
shall be entitled to recover from the Owner of the Dog, the cost
of any veterinary or other care provided while the Dog was
impounded; and
c)
may euthanize an impounded Dog without delay if, in the
opinion of the Pound Keeper or Officer, such action is warranted for
humane reasons; and
d)
shall be entitled to recover from the Owner of the Dog any fees,
including Pound Fees, for the redemption of the Dog.
4.3.7 During the redemption period, the Owner of a Dog impounded may
obtain release of such Dog by first:
a)
paying the redemption fee and any veterinary expenses
incurred in relation to the Dog while it was impounded, in accordance
with article 4.3.6; and
b)
providing evidence that the Dog is registered in accordance with
the requirements of this By-law or, if the Dog is not registered, by
registering the Dog with the Municipality in accordance with article
4.1.1 of this By-law; and
c)
taking any other action in relation to the care or control of the
Dog that the Municipality may direct.
4.3.8 After the expiration of the redemption period, the Municipality may:
a)
release the Dog to its Owner upon compliance with article 4.3.7
of this By-law; or
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b)
keep, sell, euthanize or dispose of the Dog in accordance with
the provisions of the Animals for Research Act, R.S.O. 1990, c. A.22,
as amended.
4.3.9 Where a Dog has been impounded and it has been alleged that the
Dog has Bitten or Attacked a Person or Domestic Animal and
proceedings have been commenced against the Owner of the Dog
under the Dog Owner's Liability Act, 1990, R.S.O. 1990, c.D.16 as
amended, the Municipality will hold the Dog until the matter has been
finally disposed of and will release the Dog only in such manner and
to such Person as will ensure that the decision, if any, with respect to
such matters will be complied with. Where the final disposition results
in a court order, matters will be complied with. Where the final
disposition results in a court order under the Dog Owner's Liability
Act, 1990, R.S.O. 1990, c.D.16 as amended, the Owner of the Dog
shall pay any fees for the time for which the Dog has been
impounded regardless of whether or not the Dog is released to the
Owner.
4.3.10 An Owner of a dog may give up ownership of the Dog by
surrendering the Dog to the ACO.
4.3.11 By surrendering the Dog to the ACO, the Owner is deemed to have
relinquished all rights of Ownership and possession of the Dog.
4.3.12 To surrender the Dog to an ACO, the Owner shall complete a
Volunteer Surrender Form and pay the appropriate fees as set out in
the Fees By-law at the time of surrender.
4.3.13 A Dog that has been surrendered to the ACO becomes the property
of the Municipality and may be kept or disposed of as the Municipality
deems appropriate, including:
a)
placing the Dog for Adoption; or
b)
euthanasia, in the case where in the opinion of the ACO, the
Dog is not suitable for adoption or should be euthanized for humane
reasons.
4.3.14 During the impoundment of a Dog, the Pound keeper shall keep
records as per the Pound Guidelines.
4.4
DANGEROUS DOGS
4.4.1 Where an Officer becomes aware that a Dog has bitten or attacked
an individual or animal without provocation, the Officer may, by
written order delivered personally to the Owner of the Dog or sent by
registered mail to the last known address of the Owner of the Dog,
requiring the Owner to comply with or all of the requirements set out
in this subsection within the time period stipulated in said order, and
the Dog shall thereafter be deemed to be a Dangerous Dog and the
Owner shall comply with such order.
4.4.2 Every Person who owns or keeps a Dangerous Dog shall keep the
Dangerous Dog restrained in accordance with the provisions of this
By-law.
4.4.3 Every Owner of a Dangerous Dog shall at all times while the
Dangerous Dog is not in the Owner's Dwelling Unit, but is otherwise
within the boundaries of the Owner's Premises, ensure that:
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a)
the Dog wears a Muzzle in accordance with article 4.5.3; and
b)
the Dog is securely Tethered in accordance with subsection
3.1.1 of this By-law; or
c)
the Dog is contained within an area securely enclosed by a
locked fence of an appropriate height for the breed of Dog, or an
area enclosed by other means such that the Dog cannot come into
contact with members of the public or other Animals; or escape from
such enclosure; and
d)
a sign, no smaller than 5" x 7" (12.7cm x 17.8cm), is displayed
at all entrances to the property upon the Dog is kept, bearing words
and a symbol that warn that a Dangerous Dog resides on the
Property.
4.4.4 Every Owner of a Dangerous Dog shall, at all times while the Dog is
not within the
Owner's Premises, keep the Dog:
a)
under the control of an individual who is eighteen (18) years of
age or older; and
b)
on a leash that does not exceed 1.8 metres in length; and
c)
Muzzled in accordance with article 4.5.3.
4.4.5 Every Owner of a Dangerous Dog shall notify the Municipality
immediately if the following should occur:
a)
any change in Ownership or residence of the Dangerous Dog
and provide the name, current address and telephone number of the
new Owner; or
b)
the Dog is At Large, attacks or bites any Person or Animal; or
c)
the Dog becomes deceased.
4.4.6 The Owner of a Dangerous Dog shall ensure that the Dog is spayed
or neutered and that the required license fee is paid for a Dog as set
out in the Fees By-law.
4.4.7 An Officer shall have the authority to make whatever inquiry is
deemed necessary to ensure compliance with Subsection 4.4 of this
By-law.
4.4.8 No Person shall keep a Dangerous Dog in the Municipality if the
Dangerous Dog has been found At Large in the Municipality or not
restrained when on the Premises of the Owner of the Dangerous Dog,
or not restrained in accordance with written directives of an Officer.
4.4.9 Subsection 4.4 of this By-law shall not apply to police working Dogs
or Livestock Guardian Dogs while they are carrying out their duties.
4.5
DOG BITES AND MUZZLING OF DOGS
4.5.1 No Owner of a Dog shall willfully cause a Dog, allow or permit a Dog
through neglect or failure to control to, without provocation, bite,
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attack or chase an individual or another Animal, or to damage any
property.
4.5.2 Every Owner of a Dog shall notify Algoma Public Health immediately
where a Dog bites any Person.
4.5.3 No Owner shall Muzzle a Dog in any manner that restricts, or may
restrict, the Dog's breathing, its ability to drink water or in any
manner that causes the Dog pain, suffering or injury.
4.6
REMOVAL OF EXCREMENT
4.6.1 Every Owner of a Dog shall immediately remove any excrement left
by a Dog on any public or private property and dispose of it in a
proper waste receptacle.
4.6.2 Subsection 4.6.1 does not apply to:
a)
the handler of a Service Dog, where the handler is unable to
remove the excrement left by such Dog due to a physical disability or
impediment; or
b)
a police working Dog while carrying out its duties.
4.7
NUMBER OF DOGS RESTRICTED
4.7.1 No Person shall keep or permit in or about any dwelling unit or
premises more than four (4) Dogs over twelve (12) weeks of age
except where:
a)
the Premises consists of lands zoned and used for agricultural
purposes;
b)
the Premises is licensed by the Municipality as a Kennel; or
c)
the Premises is a Pet Shop; or
d)
the Premises is used as a Pound; or
e)
the Premises is an accredited Veterinary Facility under the
supervision of a veterinarian licenced pursuant to the Veterinarians
Act, R.S.O. 1990, c.V.3, as amended; or
f)
the Premises is a Recognized Animal Shelter; or
g)
the Person has registered and been granted an exemption.
4.7.2 Notwithstanding subsection 4.7.1 of the By-law, any Person who
owns more than the permitted number of Dogs on the date this By-
law comes into force shall be permitted to keep those Dogs, and the
exemption shall only be for the lives of those specific Dogs. No
additional Dogs shall be acquired that would have the effect of
maintaining a total number of Dogs in excess of the limits stated in
subsection 4.7.1 of this By-law.
4.8
IMPOUNDMENT FEES
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4.8.1 Where a dog is seized and impounded, or impounded for
protective care, the owner, if known, shall be liable for the
impound fees, board fees and veterinarian fees in an amount
determined in accordance with the Fees By-law, whether the
dog is claimed from the pound or not and shall pay all fees on
demand by the Animal Control Officer. Any amount not paid
shall be a debt to the Municipality of Huron Shores and
recoverable as such. In appropriate humanitarian
circumstances, as determined by the CAO/Clerk, the Clerk,
may, in their discretion, waive all or part of the impound fees,
board fees and veterinarian fees, or provide for delayed or
instalment payments of same.
Page 12 of 18
PART 5. GENERAL PROVISION
5.1
ANIMALS IN A VEHICLE
5.1.1 For the purpose of this section, "roadway" means any street, highway
or other place, whether publicly or privately owned, any part of which
the public is ordinarily entitled or permitted to use for the passage or
parking of vehicles.
5.1.2 No Person shall cause an Animal to be confined in an enclosed space,
including a Motor Vehicle, without adequate ventilation.
5.1.3 No Person shall leave an Animal unattended in a Motor Vehicle if the
weather conditions are not suitable for containment of an Animal.
5.1.4 No person shall allow an Animal to be outside the passenger cab of a
truck or Motor Vehicle while on a roadway, regardless of whether the
truck or Motor Vehicle is moving or parked unless the Animal is:
a)
in a fully enclosed trailer; or
b)
in a fully enclosed bed of a truck or Motor Vehicle, the
dimensions of which permit the Animal to fully stand up, sit down,
turn around and lay down; or
c)
contained in a ventilated cage, crate or similar device
manufactured for the confinement or transport of an Animal and
which is securely fastened to the bed of a truck or Motor Vehicle; or
d)
securely Tethered using a suitable body harness and in such a
manner that the Animal is not standing on bare metal or plastic,
cannot jump, slide or be thrown from the truck or Motor Vehicle, is
not in danger of strangulation, and can't reach beyond the outside
edge of the side or back of the truck or Motor Vehicle.
5.1.5 No Person shall keep an Animal in any Motor Vehicle, part of a Motor
Vehicle or trailer attached to a Motor Vehicle where doing so causes,
or may cause, the Animal illness, pain, injury or suffering or to
become subject to undue or unnecessary hardship, privation or
neglect.
5.1.6 An Officer may use any reasonable means as are necessary to
remove an Animal in need of assistance from any Motor Vehicle,
trailer or any enclosed space.
5.1.7 The Owner of a Motor Vehicle involved in an offence referred to in
this subsection is guilty of an offence, unless that vehicle Owner
satisfies the court that the vehicle was:
a)
not being driven or parked by the Owner; and
b)
that the individual driving or parking the vehicle at the time of
the offence did so without the vehicle Owner's express or implied
consent.
Page 13 of 18
PART 6. ADMINISTRATION AND ENFORCEMENT
6.1
APPLICATION AND ENFORCEMENT
6.1.1 This By-law shall apply to any and all Property, Animals, Persons and
Individual within the geographic limits of The Municipality of Huron
Shores.
6.1.2 Unless otherwise provided for herein, all provisions of this By-law
may be enforced by an Officer.
6.1.3 An Officer may issue an order or direction requiring that a Person
comply with the provisions of this By-law.
6.1.4 An Officer may issue a Muzzle Order to any Owner of a Dangerous
Dog, containing such particulars as the Officer deems necessary
concerning compliance with this By-law or deemed necessary by the
Officer for the safety of the public; any order may be served by
delivering it personally to the owner of the Dog or by registered mail
to the last known address of the Owner of the Dog.
6.1.5 An Owner of a Dog may apply for and is entitled to a hearing before
the Appeals Committee in respect of an order, provided the
application for a hearing is made in writing and delivered to the Clerk
along with the hearing fee set out in the Fees By-law within fourteen
(14) days after the order has been served.
6.1.6 An order takes effect when it is served on the Person to whom it is
directed and remains fully in effect unless it has been varied by the
Committee. An application by the Owner of the Dog for a hearing
under this By-law does not act as a stay of any requirement imposed
by an Order.
6.1.7 The Appeals Committee may:
a)
confirm, vary, or reverse the declaration in an order as the case
may be; or
b)
confirm or vary any of the requirements of the order as the
Committee considers appropriate; or
c)
Exempt the Owner of the Dog in whole or in part from any of
the requirements of an order, subject to such terms and conditions
as the Committee considers appropriate; or
d)
impose conditions which, if fulfilled to the satisfaction of the
Committee, will permit the Committee in its sole discretion to vary or
exempt the Owner from some or all of the terms or restrictions in an
order; or
e)
combine any confirmation, variance, condition, or exemption of
any of the requirements in an order as the Committee considers
appropriate.
6.1.8 Any notice or document that has been served pursuant to the
provisions of this By-law by prepaid registered mail shall be deemed
to have been received by the Person to whom it is addressed on the
fifth (5th) day after the day it is mailed.
Page 14 of 18
6.1.9 An Officer may enter upon any Premises at any reasonable time for
the purpose of carrying out an inspection for the purpose of
determining whether or not:
a)
the provisions of this By-law are being complied with; or
b)
an order under this By-law is being or has been complied with.
6.1.10 Every Owner of a Premises shall permit an Officer to enter such
Premises for the purpose of article 6.1.12.
6.1.11 No Person shall hinder or obstruct any Officer or any individual
lawfully acting in aid of such Officer, in the execution of their duties
under this By-law.
6.1.12 No Person shall refuse to produce any documents or things required
by an Officer in the exercise of a power or performance of a duty
under this By-law.
6.1.13 No Person shall knowingly furnish false information to an Officer.
6.2
OFFENCES AND PENALTIES
6.2.1. Every person who contravenes any provision of this by-law is
guilty of an offence and on conviction is liable to a fine as
provided for in the Provincial Offences Act, R.S.O. 1990, c.P.33.
6.3
VALIDITY
6.3.1 Should a court of competent jurisdiction declare a part or the whole
of any provision of this By-law to be invalid or of no force and effect,
the provision or part is deemed severable from this By-law survive
and be applied and enforced in accordance with its terms to the
extent possible under the law so as to provide a minimum standard
for the care and control of Animals and for the safety and security of
individuals and property.
6.3.2 Where a provision of this By-law conflicts with the provisions of
another By-law, any legislation, or other regulation in force within the
Municipality, the provision that establishes the higher standards for
the care and control of Animals and the safety and security of
individuals and/or property shall prevail.
6.3.3 Nothing in this By-law relieves a Person from complying with any
provisions of any federal or provincial law or regulation, other By-law
or any requirement of lawful permit, order or license.
6.3.4 Where this By-law refers to another act, by-law, regulation or
agency, it includes references to any act, by-law, regulation or
agency that may be substituted therefore.
6.4
FEES
6.4.1 Any fee required by or described in this By-law shall be as set out in
the Fees By-law, as amended.
Page 15 of 18
6.5
TRANSITION RULES
6.5.1 After the date of the passing of this By-law, those By-laws identified
under subsection 6.6 shall apply only in those instances in which an
order has been issued prior to the date of the passing of the By-law,
and then only in such instances until such time as the actions
required by such order have been completed or any enforcement
proceedings with respect to such order have been concluded.
6.5.2 An existing license issued under By-law 00-08 being a By-law for
Licensing Dogs, for Requiring the Registration of Dogs and For
Prohibiting the Running At Large of Dogs and the Prohibiting of
Keeping of Certain Classes of Dogs, remains valid until the term of
such license expires.
6.6
BY-LAWS REPEALED
6.6.1 The following By-law of the Corporation of The Municipality of Huron
Shores and any amendments made thereto are hereby repealed:
By-law #00-08
6.7
SHORT TITLE
6.7.1 The short title of this By-law is the "Animal Control By-law".
6.8
ENACTMENT
6.8.1 This By-law comes into force on the date of passing.
Read a first, second and third time and passed in open Council this
28th day of September, 2022.
_________________________
MAYOR - Georges BILODEAU
__________________________
CLERK - Natashia ROBERTS
Page 16 of 18
Part I Provincial Offences Act
By-Law # 22-76
Regulate Animals in the Municipality of Huron Shores
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision
creating or
defining
offence
COLUMN 3
Set Fine
1.
Animal on tether less
than 4 meters in
length.
Sec. 3.1.1(a)
$100.00
2.
Fail to provide
unrestricted
movement while
tethered.
Sec. 3.1.1(b)
$100.00
3.
Fail to provide animal
with water, food or
shelter.
Sec. 3.1.1(c)
$150.00
4.
Animal tethered in a
way to cause injury.
Sec. 3.1.1(d)
$125.00
5.
Keep animal in
unsanitary conditions.
Sec. 3.2.1
$150.00
6.
Fail to register animal
with Municipality.
Sec. 4.1.1(a)
$100.00
7.
Fail to provide proof
rabies vaccination
Sec. 4.1.1(c)
$100.00
8.
Fail to renew license.
Sec. 4.1.1(d)
$75.00
9.
Fail to affix tag to
animal.
Sec. 4.1.1(e)
$50.00
10.
Fail to obtain
replacement animal
tag.
Sec. 4.1.1(f)
$50.00
11.
Improper use of
animal tag.
Sec. 4.1.4
$75.00
12.
Procure license using
false information.
Sec. 4.1.5
$150.00
13.
Permit animal to run
at large.
Sec. 4.2.1
$125.00
14.
Permit animal to
trespass on private
property.
Sec. 4.2.2
$125.00
15.
Permit animal to enter
where prohibited.
Sec. 4.2.3
$125.00
16.
Use inappropriate
restraining device.
Sec. 4.2.4
$75.00
17.
Tethered animal left
unattended on public
premises.
Sec. 4.2.7
$75.00
18.
Use collar which
restricts breathing,
swallowing or causes
animal discomfort.
Sec. 4.2.8
$100.00
19.
Fail to restrain
dangerous dog.
Sec. 4.4.2
$300.00
20.
Fail to muzzle
dangerous dog while
on owner's premises.
Sec. 4.4.3(a)
$300.00
21.
Fail to tether
Sec. 4.4.3(b)
$300.00
Page 17 of 18
dangerous dog.
22.
Fail to contain
dangerous dog on
owner's property.
Sec. 4.4.3(c)
$300.00
23.
Fail to post dangerous
dog sign.
Sec. 4.4.3(d)
$200.00
24.
Fail to keep dangerous
dog under adult
supervision.
Sec. 4.4.4(a)
$300.00
25.
Dangerous dog on
leash greater than 1.8
metres.
Sec. 4.4.4(b)
$300.00
26.
Fail to muzzle
dangerous dog when
not on owner's
premises.
Sec. 4.4.4(c)
$300.00
27.
Fail to notify
Municipality of
dangerous dog
ownership transfer.
Sec. 4.4.5(a)
$200.00
28.
Fail to notify
Municipality that
dangerous dog is at
large/attacks or bites.
Sec. 4.4.5(b)
$300.00
29.
Fail to notify
Municipality of
dangerous dog's death
Sec. 4.4.5(c)
$200.00
30.
Fail to Spay or Neuter
dangerous dog.
Sec. 4.4.6
$200.00
31.
Possess dangerous
dog not in accordance
as per written
directives.
Sec. 4.4.8
$300.00
32.
Allow animal to bite/
attack/chase or
damage property.
Sec. 4.5.1
$300.00
33.
Fail to notify APH of
dog bite.
Sec. 4.5.2
$200.00
34.
Fail to properly muzzle
dog causing injury or
suffering.
Sec. 4.5.3
$200.00
35.
Fail to remove
excrement.
Sec. 4.6.1
$125.00
36.
Own, possess, or
harbour more than
four (4) animals.
Sec. 4.7.1
$150.00
37.
Confine animal in
motor vehicle with
improper ventilation.
Sec. 5.1.2
$200.00
38.
Animal unattended in
motor vehicle during
unsuitable weather.
Sec. 5.1.3
$200.00
39.
Allow animal outside
of cab of truck on a
roadway.
Sec. 5.1.4
$200.00
40.
Keep animal in motor
vehicle causing injury.
Sec. 5.1.5
$200.00
41.
Obstruct Officer
performing their
duties.
Sec. 6.1.11
$400.00
Page 18 of 18
42.
Fail to produce
documents as
requested by Officer.
Sec. 6.1.12
$300.00
43.
Provide Officer with
false information.
Sec. 6.1.13
$400.00
"NOTE: The penalty provision for the offences indicated above
is Section 61 of the Provincial Offences Act, R.S.O. 1990, c.
P.33".
TO BE INCLUDED IN USER FEES BY-LAW SCHEDULE B - ANIMAL CONTROL
Services Offered 2022
Fee
GST/HST
Included or
Added
TAG FEES:
Spayed/Neutered Dog
10.00 Exempt
Spayed/Neutered Dog - after deadline
20.00 Exempt
Not Spayed/Neutered Dog
15.00 Exempt
Not Spayed/Neutered Dog - after deadline
30.00 Exempt
Kennel License
40.00 Exempt
Kennel License - after deadline
80.00 Exempt
Transfer of Kennel License
11.00 Exempt
Replacement of lost tag
10.00 Exempt
Spayed/Neutered Dog- seniors/disabled
5.00 Exempt
Spayed/Neutered Dog - seniors/disabled - after
deadline
10.00 Exempt
Not Spayed/Neutered Dog - seniors/disabled
7.50 Exempt
Not Spayed/Neutered Dog - seniors/disabled -
after deadline
15.00 Exempt
LIVE TRAPS:
Administration Fee
20.00 Exempt
Deposit (Refunded After Return)
80.00 Exempt
ANIMAL SHELTER FEES:
Every day
45.00 Added
Surrender Fees:
- Dog 15 lbs. and under
405.00 Added
- Dog 16 lbs.. to 40 lbs.
410.00 Added
- Dog 41 lbs. to 70 lbs.
445.00 Added
- Dog 71 lbs. to 100 lbs.
470.00 Added
- Dog 101 lbs. and over
485.00 Added
Notes:
Deadline for purchase of tags is March 1st.
Provide veterinarian document of spayed dog for lower rate.
Seniors is 65 +