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CONSOLIDATED BY-LAW
CORPORATION OF THE TOWN OF INGERSOLL
BY-LAW NO.01-3989
As amended by By-Law 04-4200, By-Law 08-4426, By-Law 17-
4942, By-Law 24-5352, By-Law 25-5412
A by-law to provide for the Regulation, Restriction and Prohibition of the
Keeping and Running at Large of Dogs in the Town of Ingersoll
WHEREAS Section 210 of the Municipal Act R.S.O., Chapter M.45, as amended,
provides that by-laws may be passed by councils of municipalities:
1. for prohibiting or regulating the keeping of animals and for restricting the
number of animals that may be kept by any person in any dwelling unit;
2. for requiring an owner of a dog to keep the dog leashed and under the
control of some person when the dog is on land in the municipality other
than that of the owner unless prior consent is given by the land owner;
3. for requiring an owner of a dog to remove forthwith excrement left by the
dog anywhere in the municipality;
4. for requiring the muzzling or leashing of a dog after it has bitten a person or
a domestic animal;
5. for prohibiting or regulating the running at large of dogs, for seizing and
impounding of dogs running at large in the municipality;
6. for requiring the owner of a kennel for dogs that are registered or eligible for
registration with an association incorporated under the Animal Pedigree Act
(Canada) to pay an annual fee fixed by the by-law as a licence fee for the
kennel in lieu of a license fee for each dog;
AND WHEREAS the Council of the Town of Ingersoll deems it advisable and
expedient to enact a by-law for the purposes aforesaid;
NOW THEREFORE THE CORPORATION OF THE TOWN OF INGERSOLL
ENACTS AS FOLLOWS:
PART I - DEFINITIONS
1.1 Definitions
In this by-law:
Animal Control Officer - defined
"Animal Control Officer" shall mean a person appointed by the
Municipality, whose duties include the enforcement of this by-law.
Dog - defined
"Dog" shall mean any dog male or female.
Dangerous Dog - defined
"Dangerous Dog" means a dog that, in the absence of any mitigating
factor, has attacked, bitten or caused injury to a person or domestic animal
or has made a real and substantial threat of attack on a person or a
domestic animal provided that the dog shall not be deemed to a
dangerous dog if the bite, attack or threat of attack was sustained by a
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person who, at the time, was committing a willful trespass or other tort
upon the premises occupied by the owner or keeper of the dog, or was
teasing, tormenting, abusing, or assaulting the dog or has, in the past,
been observed or reported to have teased, tormented, abused or
assaulted the dog, or was committing or attempting to commit a crime.
Dog Park - defined
"Dog Park" shall mean any area specifically designated by the Council of
the Town of Ingersoll and shown on Schedule "B".
Dwelling Unit - defined
"Dwelling Unit" shall mean a single room or series of rooms of
complementary use which are located in a building in which food
preparation, eating, living, sleeping and sanitary facilities are provided for
the exclusive use of the occupants thereof; which has a private entrance
directly from outside the building or from a common hallway or stairway
inside the building; and in which occupants have access to all the
habitable areas and facilities of the unit.
Guard Dog - defined
"Guard dog" shall mean a dog used for security purposes on land legally
used for industrial or commercial purposes.
Guide Dog - defined
"Guide dog" shall mean a dog that is trained to aid the visually impaired
and actually used for such purpose.
Kennel - defined
"Kennel" shall mean a place, whether enclosed or not, where dogs are
kept for the purposes of breeding, boarding or commercial purposes.
Leash - defined
No leash shall exceed three (3) meters in length except for the length of
the leash for a "dangerous dog" and that leash shall not exceed a two-foot
lead.
Licence agent - defined
"Licence agent" shall mean a person appointed by Council as a licence
agent.
Mitigating Factor - defined
"Mitigating Factor" shall mean a circumstance which excuses aggressive
behaviour of a dog and, without limiting the generality of the foregoing,
may include circumstances where; (a) the dog was, at the time of the
aggressive behaviour, acting in defence to an attack from a person or
domestic animal; (b) the dog was, at the time of the aggressive behaviour,
acting in defence of its young or towards a person or domestic animal
trespassing on this property of its owner; or (c) the dog was, at the time of
the aggressive behaviour, being teased, provoked, or tormented.
Municipality - defined
"Municipality" shall mean the Municipality of the Town of Ingersoll.
Muzzle - defined
"Muzzle" shall mean a humane fastening or covering device of adequate
strength placed over a dog's mouth to prevent it from biting.
Owner - defined
"Owner" shall mean a person who keeps, possesses or harbours a dog
and where the owner is a minor the person responsible for the custody of
the minor.
Poundkeeper - defined
"Poundkeeper" shall mean a person appointed by Council to act in the
capacity of poundkeeper.
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Premises - defined
"Premises" includes the entire lot on which a building is situated.
Running at large - defined
"Running at large" shall mean to be found in any place other than the
premises of the owner of the dog or designated dog park and not under
the physical control of any person by means of a leash.
For the purpose of this section, a dog is deemed to be at large when:
i) found on a highway or other public property or on private property
other than the presmises upon which it is habitually kept; and
ii) not under the control of any person;
iii) for the purpose of this section all animals shall be deemed not to
be under the control of any person unless on a leash of not more
than 3 meters in length.
PART II - ADMINISTRATION AND ENFORCEMENT
2.1 Short Title
This By-law shall be known as the Comprehensive Animal Control and Licensing
Bylaw.
2.2 Boundaries
The provisions of this By-law shall apply to all lands within the boundaries of the
Corporation of the Town of Ingersoll.
2.3 Servability
In the event, that any provision, section, clause, sentence or any part or parts
thereof of this by-law is declared by any Court of Law to be invalid, illegal or ultra-
vires, such section, clause sentence or provision or part or parts thereof shall be
severable and shall not affect the validity of any other section, clause, sentence,
provision or part of this Bylaw.
2.4 In Force
This by-law shall take effect January 1, 2002.
2.5 Administration
(i) The provisions of this by-law shall be administered by the Animal
Control Officer or By-law Enforcement Officer of the Town or Police Officer
acting under their direction.
(ii) The By-law Enforcement Officer, Animal Control Officer or any
employee of the Municipality acting under their direction may enter upon
lands, premises and buildings for the purpose of determining or effecting
compliance with any provision of this By-law
PART III - KEEPING OF DOGS
3.1 Maximum - 3 per premises
No person shall keep more than 3 dogs in any one dwelling unit or on any
premises.
3.2 Guard Dogs - Industrial - Commercial premises
Notwithstanding section 3.1 of this by-law, only 2 guard dogs are permitted on
lawfully used industrial or commercial premises
3.3 Dogs - keeping - where number not limited
Section 3.1 of this by-law shall not apply to:
(a) a veterinary hospital, clinic, office or veterinary service lawfully
operated and supervised by a veterinarian licensed to practice in Ontario;
(b) an animal shelter operated by the municipality or County of Oxford.
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(c) premises registered as a research facility in accordance with the
Animals For Research Act.
(d) a kennel licensed by the Town of Ingersoll in accordance with this by-
law.
(e) pet shops if in accordance with the Municipal Zoning By-law within the
Municipality.
3.4 Puppies - number - not limited - 60 days following birth
Notwithstanding section 3.1, no person shall keep young puppies with the mother
for a period not exceeding 60 days following birth.
3.5 Excrement - removal - disposal - sanitary - immediate
Every owner of a dog shall remove forthwith and sanitarily dispose of excrement
left by the dog anywhere in the Municipality, including the owner's yard and
premises.
3.6 Trespassing - without consent - by dog - prohibited
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 the property
owner's consent.
3.7 Running at large - prohibited
No owner of a dog shall permit the dog to run at large or fail to prohibit the dog
from running at large.
3.8 Fighting or Attacking of Animals
No person shall permit his/her dog or animal to attack any domestic animal, bird
or individual, or fight with another dog or animal.
PART IV - LICENSING
This section was deleted as per amending By-Law 25-5412
PART V - DANGEROUS DOGS
5.1 Designation - notice - requirements
The Animal Control Officer or the By-law Enforcement Officer, may at their
individual discretion, deem a dog to be a dangerous dog as defined by this By-
law. Where the Animal control Officer or By-law Enforcement Officer designates
a dog as a dangerous dog, the Animal Control Officer or By-law Enforcement
Officer shall serve notice upon the owner of such dog requiring the owner, upon
receipt of such notice, to comply with the following requirements:
(a) To keep such dog confined within the owner's dwelling; or located
wholly within a fence and properly secured area, and any gate in such
fenced area shall be locked at all times when the dog is in the fenced area
or if the dog continues to leave the fenced area, the dog is to be
restrained by a means of a chain/leash in addition to the fenced area.
(b) To securely attach a muzzle to and leash (not more than a two-foot
lead) such a dog at all times when it is not confined in accordance with
Section 5.1 (a) and be under the care and control of a person 16 years of
age or older.
(c) Shall post a sign in a conspicuous place on his/her property stating that
there is a dangerous dog on the premises.
5.2 Notice - include
The notice referred to in Section 5.1 shall include:
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(a) A statement that the Animal Control Officer or By-law Enforcement
Officer has deemed the dog to be a dangerous dog;
(b) The requirements that the owner must comply to in accordance with
Section 5.1;
(c) A statement that the owner may request, within three (3) working days
of receipt of the notice required by Section 5.1, a hearing of the Council of
the Municipality which may affirm or rescind the Animal Control Officer or
By-law Enforcement Officer's designation of the dog as potentially
dangerous or dangerous, as the case may be and that Council may
substitute its own designation or its own requirements of the owner of a
dangerous dog pursuant to Sections 5.1 and 5.2.
5.3 Notice - Hearing
Where the owner of a dog receives a notice from the Animal Control Officer or
By-law Enforcement Officer deeming such dog as a dangerous dog so requests,
in writing to the Municipality, within three (3) working days of receipt of such
notice a hearing of Council. Council shall hold a hearing within fifteen (15)
working days of the Town Clerk's receipt of the request for a hearing.
5.4 Hearing - Council - decision
Council may at a hearing called for the purpose indicated in Section 5.3 may:
(a) rescind the Animal Control Officer's or the By-law Enforcement
Officer's deeming of the dog as a dangerous dog.
(b) substitute its own requirements of the owner of a dangerous dog
pursuant to Section 5.1.
5.5 Requirement - imposed - prior to hearing
The requirements of Section 5.1 which may be imposed on a dog owner by the
Animal Control Officer or By-law Enforcement Officer shall not be required until
either the time for appeal under section 5.4 has elapsed without the dog owner
requesting an appeal pursuant to that section or Council has ordered such
requirement, whichever occurs earlier.
5.6 Ownership - transfer
An owner of a dog which has been deemed a dangerous dog pursuant to section
5.1 shall advise the Municipality if he/she transfers ownership of such dog to
another person or changes the address at which such dog is kept and furnished
the Municipality with particulars of same.
5.7 Notices - delivery
Any notices or requests for hearing required by this section shall be served by
hand delivery or prepaid registered mail, shall be deemed received on the fifth
(5th) working day after the date of mailing.
PART VI - KENNELS
6.1 Kennels - application
All persons operating a kennel of dogs that are registered or are eligible for
registration with an association incorporated under the Animal Pedigree Act
(Canada) shall make application to the licence agent for a kennel licence.
6.2 Application - information - requirements
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All such applications shall be accompanied by the following information:
(a) name and address of kennel owner;
(b) location of kennel;
(c) proof of zoning approval for said location;
(d) applicable fee;
(e) registered proof under the Animal Pedigree Act.
PART VII - FEES
7.1 Fees - set out - Fees
By-law Licence fees shall be set and approved by the Council of the municipality
from time to time and are listed in Fees by-law adopted by Council.
7.2 Guide dogs - hearing ear dogs - exempted
Guide dogs within the meaning of the Blind Persons' Rights Act, and hearing ear
dogs, where a certificate is produced from a recognized training establishment
stating the dog is being used as a hearing assistance dogs, are exempt from the
payment of all licence fees applicable pursuant to this by-law.
7.3 Working dogs for disable persons - exempted
Working dogs, where a certificate is produced from a recognized training
establishment stating that the dog is being used as a working dog to assist a
disabled person, shall be exempt from all licence fees applicable pursuant to this
by-law.
7.4 Pound fees - payment - proof of ownership - required
Where a dog is claimed from the Poundkeeper, the owner shall provide proof of
ownership of the dog, as well as proof of payment for a current dog licence, and
compensate the Poundkeeper.
PART VIII - IMPOUNDING
8.1 Seizure - dog - running at large
The Poundkeeper or Animal control Officer shall, or any police officer may, seize
any dog found running at large as defined in this by-law.
8.2 Seizure - delivery - to Poundkeeper
Every dog seized by a police officer shall forthwith be delivered to the
Poundkeeper or to an Animal Control Officer.
8.3 Seizure - impounding
The Poundkeeper or Animal control Officer shall impound any dog seized by him
or delivered to him by a police officer.
8.4 Capture - any dog - running at large - return to owner
The Animal Control Officer or By-law Enforcement Officer may capture all dogs
running at large contrary to this by-law and may take them to the animal's owner
or keeper, if known, or at the Animal Control Officer's or By-law Enforcement
Officer's discretion, to the pound for impounding by the Poundkeeper.
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8.5 Entry - upon land - Animal Control Officer
For purposes of section 8.4 of this by-law, an Animal Control Officer may enter
onto any public property or may enter onto any private property and into the
structures thereon with the consent of the owner or occupant.
8.6 Female - in heat - at large - impounding - up to 21 days
The Poundkeeper or the Animal Control Officer may impound any female dog
found to be running at large and in heat until it is no longer in heat, but not
exceeding 21 days.
8.7 Female - in heat - not released - exception
No female dog shall be claimed while it is in heat unless the owner makes
arrangements subject to the approval of the Poundkeeper or Animal Control
Officer for its confinement at any other place during heat.
8.8 Claim - within 3 calendar days
The owner or keeper of an animal impounded for being at large shall be entitled
to redeem such animal within 3 calendar days from the time of impoundment,
upon paying the Poundkeeper the applicable maintenance charges prescribed,
any other damages, fines and expenses according to law.
8.9 Owner - to claim dog - before disposal
The owner of a dog that has been impounded shall, upon application to the
Poundkeeper, claim the dog before the Poundkeeper is entitled to dispose of the
dog according to the provisions of section 8.10 of this by-law.
8.10 Disposal - dog - not claimed - Poundkeeper - discretion
Where a dog that is impounded is not claimed by the owner thereof within the
redemption period specified under this by-law, the Poundkeeper may retain the
dog for such further time as he may consider proper and during that time the
Poundkeeper may:
(a) sell the dog for such price as he may consider proper;
(b) euthanize the dog;
(c) dispose of the dog in accordance with the Animals for Research Act.
8.11 Euthanasia - for humane - safety reasons
Where a dog that is captured or taken into custody is injured or in the opinion of
the Poundkeeper, should be destroyed without delay for humane reasons or for
reasons of safety to persons or animals, the Animal Control Officer or other
trained person appointed by the Poundkeeper, may euthanize the dog in a
humane manner as soon after capture or taking into custody as he may
determine, and may do so without permitting any person to reclaim the dog or
without offering it for sale.
8.12 Euthanasia - dangerous dog - running at large
In the opinion of an Animal Control Officer, where a dog cannot be captured and
where the safety of persons or animals are endangered, the Animal Control
Officer or other trained person appointed by the Poundkeeper, may euthanize the
dog and no damages or compensation shall be recovered by the owner of the
dog for said destruction. Page 9
8.13 Veterinary services - required - payable by owner
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Where a dog is captured or taken into custody, and the services of a veterinarian
are secured by the Poundkeeper, the owner shall pay to the Poundkeeper all
fees and charges of the veterinarian in addition to all other fees and per diem
charges payable under this by-law, whether the dog is alive, dies or is
euthanized.
8.14 Compensation - to dog owner - prohibited
No compensation, damages, fees or any other sum of money on account of or by
reason of the impounding, euthanizing or other disposal of the impounded dog in
the course of the administration and enforcement of this by-law shall be:
(a) recovered by any owner or other person; or
(b) paid by the Poundkeeper or the Town of Ingersoll.
PART IX - ENFORCEMENT
9.1 Fine - for contravention
Any person who contravenes any provision of this by-law is, upon conviction,
guilty of an offence and is liable to a fine not exceeding Five Thousand ($5,000)
Dollars, exclusive of costs, for each offence, recoverable under the Provincial
Offences Act.
9.2 Continuation - repetition - prohibited - by order
The court in which the conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the continuation or
repetition of the offence by the person convicted, and such order shall be in
addition to any other penalty imposed on the person convicted.
PART X - REPEAL
10.1 By-law - previous
From the coming into force of this by-law, all by-laws, and all of the amendments
thereto, of the municipality inconsistent with this by-law are hereby repealed.
PART XI - ENACTMENT
11.1 Effective Date
This by-law shall be effective January 1, 2002.
PART XII - ULTRA VIRUS SECTIONS OR PARTS
12.1 Ultra Virus Sections or Parts
Should any section of the By-Law be declared by a court of competent
jurisdiction to be ultra virus, the remaining parts shall nevertheless remain valid
and binding and shall be read as if the offending section had been struck out.
READ a first and second time in Open Council this 9th day of October, 2001.
READ a third time and passed in Open Council this 9th day of October, 2001.
ORIGINAL SIGNED
Michael J. Hennessy, Mayor
By-Law No. 01-3989 - Consolidated Dog By-Law
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ORIGINAL SIGNED
Edward A. Hunt, Clerk Administrator
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TOWN OF INGERSOLL
PART I Provincial Offences Act
By-Law No.01-3989, as amended by By-Law 04-4200, By-Law 08-4426, By-
Law 17-4942, By-Law 24-5352, By-Law 25-5412
Item
Short Form Wording
Provision creating
or defining offence
Set Fine
1
Did keep more than 3 dogs per dwelling
Part 3, Section 3.1
$125.00
2
Did keep young puppies with mother for a period
not exceeding 60 days following birth
Part 3, Section 3.4
$125.00
3
Did fail to remove feces from municipal land or
private property
Part 3, Section 3.5
$125.00
4
Did permit dog to run at large
Part 3, Section 3.7
$125.00
Note: The general penalty provision for the offences listed above is Part 9,
section 9.1 of By-Law 01-3989, as amended, a certified copy of which has
been filed.
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Schedule "B"
Designated Dog Park
1) Designated area in John Lawson Park