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THE CORPORATION OF THE TOWN OF KINGSVILLE
CONSOLIDATED REGULATION OF DOGS BY-LAW
BY-LAW 103 - 2003
______________________________________________________________
Revision History:
Amended by By-law 118-2003 - Passed on December 15, 2003
Amended by By-law 57-2015 - Passed on June 8, 2015
Amended by By-law 122-2018 - Passed on November 26, 2018
Consolidation Statement: This consolidated version of the Town of
Kingsville's Regulation of Dogs By-law (By-law 103-2003) is for convenience
only. While every effort has been made to ensure the accuracy of this
consolidation, the original By-law and any applicable amending By-laws must
be consulted for all legal interpretations and applications. For more
information or to request any of the By-laws noted under "Revision History",
please contact the Clerk's Department by calling 519-733-2305 or emailing
[email protected]
THE CORPORATION OF THE TOWN OF KINGSVILLE
BY-LAW 103 - 2003
______________________________________________________________
Being a by-law to provide for the licensing, regulating and registration
of dogs within the Town of Kingsville and to authorize the Municipal
Council to require the muzzling of a dog after it has bitten a person or
domestic animal
WHEREAS the Municipal Act, S.O. 2001, c.25, Section 11(1) 9 authorizes a
local municipality to pass by-law respecting animals which includes the power
to require the muzzling of a dog after it has bitten a person or domestic
animal;
AND WHEREAS the Municipal Act, S.O. 2001, Chapter M.25, Section 11(2) 9
empowers and authorizes a local municipality to licence, regulate, and require
the registration of dogs and to impose a licence fee on the owners of dogs,
including the imposition of a higher licence fee in the case where more than
one dog, either male or female, or dogs that are at least six months old and
have been spayed or neutered and are owned by any one person in any one
household;
AND WHEREAS the Municipal Act, S.O. 2001, Chapter M.25, Section 11,
Subsections 1 and 2 provides where a Municipal Council passes a by-law
regulating or prohibiting animals being at large or trespassing, may provide
for;
a) the seizure and impounding of animals,
b) the sale of impounded animals if they are not claimed within a
reasonable time, if the expenses of the municipality respecting the
impounding of the animals is not paid, or at such time and manner as is
provided in the By-law and,
c) the establishment of procedures for the voluntary payment of penalties
out of court where it is alleged that the By-law respecting the animals
being at large or trespassing has been contravened.
If payment is not made in accordance with the procedures established
mentioned above, the fine is recoverable under the Provincial Offences Act,
R.S.O., 1990, .P.33, as amended.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION
OF THE TOWN OF KINGSVILLE ENACTS AS FOLLOWS:
PART 1
Regulations respecting the licensing, regulating and registration of
dogs
1. For the purposes of this Part of the By-law the following definitions are
applicable:
(a) "Council" means the Council of the Corporation of the
Town of Kingsville;
(b) "Dog" means any dog, male or female, upon reaching the
age of three (3) months after birth;
(c) "Male Dog" includes all spayed female dogs;
(d) "Female Dog" means only such female dogs as have not
been proven by production of a Veterinary Surgeon's
Certificate to have been spayed;
(e) "Spayed Female Dog" means only such dog for which a
Veterinary Surgeon's Certificate, in writing, is produced
showing that such dog has been spayed;
(f)
"Kennel" includes any buildin, part of a building, or area used for
keeping dogs that is registered or eligible for registration under The
Animal Pedigree Act and means a kennel of pure-bred dogs
registered in the Register of the Canadian Kennel Club (C.K.C.), the
American Kennel Club (A.K.C.), the Field Dog Stud Book (F.D.S.B.)
or the United Kennel Club (U.K.C.) of Kalamazoon, Michigan
(g) "Leash" generally means a rope, chain or other restraining material
that is attached to a collar or halter worn by a dog and that is
capable of restraining the animal on which it is being used;
(h) "Owner" of a dog includes a person who possesses or harbours a
dog, and where the owner is a minor, the person responsible for the
custody of the minor, and for the purposes of this "owns" and
"owned" shall have a corresponding meaning;
(i)
"Clerk" means the Clerk for the Town of Kingsville;
(j)
"Town of Kingsville" means the new and restructured municipality
known as The Corporation of the Town of Kingsville created by an
Order of the Province of Ontario made under the Municipal Act,
R.S.O. 1990, c. M.45 Subsection 25.2(4) and dated November 19,
1997 and being composed of the former Municipalities the
Township of Gosfield North, the Township of Gosfield South and the
Town of Kingsville and includes its employees, servants and agents;
(k) "Animal Control Officer" means the Animal Control Officer for the
Town of Kingsville and includes the terms "dog catcher" and "dog
pound keeper" meaning a person duly appointed by the Municipal
Council for seizing and impounding dogs running at large in the
Town of Kingsville and on the request of the owner or occupant of
private property, for seizing and impounding dogs trespassing on
such private property. Such person may be one and the same
"Animal Control Officer" as duly appointed by The Corporation of the
Municipality of Leamington;
(l)
"Municipal Pound" means a jointly-shared pound facility located in
the North part of Lot 12, Concession 3, Eastern Division of the Town
of Kingsville and maintained on behalf of The Corporation of the
Town of Kingsville in cooperation with The Corporation of the
Municipality of Leamington.
(m) "Joint Area Animal Control Committee" mean collectively those
persons appointed by the Municipalities of Leamington and
Kingsville to oversee the maintenance and operation of the
"Municipal Pound" and to authorize, regulate and oversee the
actions and requirements of the "Animal Control Officer" for the said
Joint Area Municipalities;
(n) "By-law Enforcement Officer" means an enforcement officer
appointed by Council for the Town of Kingsville to enforce by-laws
of the Town of Kingsville;
(o) "Choke Collar", "Choke Chain" or "Prong Collar" means a collar that
tightens, constricts or pinches a dog's neck when tension is applied
and may inflict pain or discomfort on an animal;
(p) "Extreme Weather" means a cold warning, heat warning or other
weather warning alert issued by Environment Canada for weather in
the Town of Kingsville, including and not limited to extreme cold or
hot weather, snow storms, freezing rain, heaving rainfall,
hurricanes, tornadoes and/or strong winds;
(q) "Tethered" for the purposes of this By-law, means the fastening of a
rope, chain, cord or similar restraining device to a dog's collar or
halter so that the animal can only range in an area limited to the
length of such rope, chain, cord or similar restraining device;
(r)
"Un-sanitary condition" means a condition that results in an
accumulation of fecal matter, odour, insect infestation or rodent
attractions which endanger the health of any person or dog, or that
would disturb the enjoyment, comfort or convenience of any person
or that endangers or is likely to endanger the health of any person
or dog."
2.
(a) No person shall own or harbour a dog that has not been registered
within the Town of Kingsville without registration within the Town of
Kingsville and for which a dog tag has not been annually obtained prior
to March I 5th upon payment of a license fee to the Town of Kingsville,
in accordance with the Municipal Fees By- law as amended from time
to time by the Municipal Council of the Town of Kingsville;
(b) No person shall harbour, keep or cause to be kept within the limits of
the Town of Kingsville more than three (3) dogs unless a Kennel
Licence has been issued by the Municipality;
(c) The owner of a Kennel of dogs that is registered or eligible for
registration with an Association incorporated under The Animal
Pedigree Act (Canada) shall on or before March 15 of each year pay
an annual Kennel Licence Fee as fixed in the Municipal Fees By-law
for the Kennel instead of a licence fee for each dog.
(d) Upon providing the Animal Control Officer with satisfactory evidence
that a person is blind, hearing impaired or physically impaired, and is
the owner of a dog used to assist that person in overcoming the
impairment, a dog licence and dog tag may be issued at no charge.
3.
(a) A tag shall be supplied by the Town of Kingsville for each dog in
respect of which a licence fee is paid hereunder and the owner shall
keep the tag securely fixed on the dog at all times during the year and
until a tag is provided for the following year;
(b) No person who owns or harbours a dog shall permit a dog tag to be
affixed to such dog unless the tag was issued for use upon such dog;
(c) The dog tag shall bear a serial number and the year in which it was
issued and a record shall be kept by the Clerk for the Town of
Kingsville or by such other officer designated for that purpose
showing the name and address of the owner and the serial number of
the tag.
4.
(a) No person who owns or harbours a dog shall allow such dog to run at
large within the municipality;
(b) A dog shall be deemed to be running at large if found in any place
other than the premises of the owner or the place that it is habitually
kept, and not under the control of any person;
(c) The Animal Control Officer is authorized to seize and impound any dog
found running at large in the municipality.
5. The Animal Control Officer shall impound in the Joint Municipal Pound all
dogs seized under clause 4 (c) pursuant to the requirements of the
Animals for Research Act, R.S.O. 1990, chapter A.22;
6. The owner of a dog impounded pursuant to Clause 4 (c) may re-claim said
dog prior to its disposal upon payment to the Animal Control Officer of a
re-claim or impound fee, as determined from time to time by the Joint Area
Animal Control Committee.
7. The Animal Control Officer may sell any dog impounded pursuant to
Clause 4(c) after the expiration of a redemption period as provided in the
Animals for Research Act, R.S.O. 1990, chapter A.22 for a fee as
determined from time to time by the Joint Area Animal Control Committee;
8. Any person who owns a dog shall:
(a) treat it in a humane manner;
(b) treat it so that offensive odours and the transfer of disease are
minimized;
(c) provide the necessary food, water, housing or attention as required to
keep the animal in good health and free from harm; and
(d) remove forthwith any excrement of the said animal and dispose of it in
a sanitary manner.
(e) the Owner of every dog or dogs shall keep the same under physical
control by means of a Leash or other device held by the same person
at all times when the dog is any place other than the premises of the
Owner.
(f) No person shall keep a dog tethered on a rope, chain, cord or similar
restraining device unless:
(i) The tether shall be a minimum of three metres in length and not
permit the dog to go beyond the limits of the dog owner's property;
(ii) The dog has unrestricted movement within the range of such tether;
(iii) The dog is not tethered for longer than four hours per day;
(iv) The dog has access to water, shade and shelter while tethered;
and;
(v) The dog cannot injure itself as a result of the tethering
For the purposes of Section 8. (f)(iii) when the same dog is observed to be
tethered in the same location on at least two (2) subsequent occasions in
the twenty-four (24) hour period that follows an initial observation of the
dog in that location, then there shall be a rebuttable presumption that the
dog has been tethered in that location for more than four (4) hours
cumulatively in the twenty-four (24) hours period since the initial
observation.
(g) Not withstanding Subsection 8. (f), no person shall keep a dog tethered
where a choke collar, a choke chain or a prong collar forms part of the
tether or a rope, chain, cord or similar restraining device is tied directly
around a dog's neck.
(h) No person shall allow a dog to be outside the passenger cab of a
motor vehicle on a roadway, regardless of whether the motor vehicle is
moving or parked;
(i) Not withstanding Section 8 (h), a person may allow a dog to be outside
the passenger cab of a motor vehicle, including riding in the back of a
pick up truck or flat bed truck if the dog is:
(i) In a fully enclosed trailer;
(ii) In a topper enclosing the bed area of a truck;
(iii) Contained in a ventilated kennel or similar device securely fastened
to the bed of the truck; or
(iv) Securely tethered in such a manner that the dog is not standing on
bare metal, cannot jump or be thrown from the vehicle, is not in
danger of strangulation and cannot reach the outside edges of a
vehicle.
(j) The owner of a dog shall not leave a dog unattended in a motor vehicle
if the weather conditions are not suitable for containment of an animal.
A Police Officer, Peace Officer, or By-Law Enforcement Officer who has
reasonable grounds to believe that a dog left unattended in a motor
vehicle is in imminent physical danger may take steps to remove the dog
from the vehicle and shall not be held liable for any damage to the
vehicle by so doing.
(k) No person shall allow a dog to remain outdoors during Extreme
Weather unless the dog has access to shelter that will adequately
protect the dog from the conditions.
9. Every person who violates any provision of this Part is guilty of an offence
and upon conviction shall be liable to a fine not exceeding Five Hundred
Dollars ($500.00) for each offence, exclusive of costs, and such fine and
costs shall be recoverable under the provisions of the Provincial Offences
Act, R. S. 0., 1990, c. P. 33, as amended.
10. Part I shall be deemed to have come into full force and effect on final
passing of this By- law by the Council;
11. Any by-laws inconsistent with Part I of this By-law are and the same are
hereby repealed.
PART II
Regulations Respecting Dogs That Have Bitten
1. For the purposes of this Part of the By-law the following definitions are
applicable:
(a) "Council" means the Council of the Corporation of the Town of
Kingsville;
(b) "Committee of Council" means a Committee of the Council of The
Corporation of the Town of Kingsville;
(c) "Muzzle" means a humane fastening or covering device of adequate
strength over the mouth to prevent a dog from biting.
(a) Where the Animal Control Officer has reason to believe that a dog has
bitten a person or a domestic animal, the Town Clerk shall serve a
notice upon the owner requiring the owner to muzzle the dog except
when the dog is on the premises of the owner and in a confined area;
(b) The Notice referred to in (a) above shall be served on the owner in the
same manner as the notice of hearing is served in Section 5;
(c) Upon the service of the Notice referred to in (a) above, the owner shall
muzzle the dog except when the dog is in a confined area on the
premises of the owner.
3. The Notice referred to in Section 2 shall include:
(a) A statement that the Town Clerk has reason to believe that the owner's
dog has bitten a person or a domestic animal;
(b) That the owner shall muzzle the dog except when the dog is in a
confined area on the premises of the owner;
(c) A statement that the owner may request and is entitled to a hearing
before a Committee of Council which may exempt the owner from the
muzzling requirement.
4. The Town Clerk shall, if requested by the Owner, schedule a hearing
before a Committee of Council for the Town of Kingsville pursuant to the
provisions of the Statutory Powers Procedure Act, R.S.O. 1990, c.S.22
and the Municipal Act, S.O. 2001 to determine whether the dog has bitten
a person or a domestic animal and Council or a Committee thereof may
exempt the owner from the muzzling requirement or both.
5.
(a) Prior to holding a hearing referred to in Section 4 above, the Town
Clerk shall cause a notice of hearing to be served on the owner.
(b) The notice of hearing may be served on the owner by the Town Clerk
by handing it to the owner, but where the notice of hearing cannot be
given or served by reason of the owner's absence from his premises or
by reason of his evading service, the notice of hearing may be given or
served:
(i)
by handing it to an apparently adult person on the owner's
premises;
(ii)
by posting it up in a conspicuous place upon some part of
the owner's premises; or
(iii)
by sending it by prepaid registered mail to the owner at the
address where he/she resides.
6. The notice of hearing shall include:
(a) a statement of the facts which leads the Town Clerk to believe that the
owner's dog has, without provocation, bitten a person or a domestic
animal;
(b) a statement setting out the time and place at which the Committee of
Council will hold a public hearing to determine whether such dog has
bitten a person or a domestic animal and whether or not such a dog
shall be exempted from the muzzling requirement;
(c) a statement that if the owner does not attend the hearing, the
Committee will proceed with the hearing in the absence of the owner
and the owner will not be entitled to any further notice in the
proceedings.
7. The owner may, if he/she wishes, be represented by counsel or an agent
at such hearing and shall have the right to adduce evidence and to
submit argument to show that the dog has not bitten a person or a
domestic animal and/or to exempt the dog from the muzzling
requirement, and to cross examine any witness adverse in interest to
him/her, and in the event that the owner's dog is not exempted from the
muzzling requirement, the Committee shall at the request of the owner,
deliver written reasons for the decision.
8. At the time and place set forth in the notice referred to in sections 5 and
6, the Committee shall consider all of the evidence and shall make a
declaration that the dog of the owner:
(a) has bitten a person or domestic animal or has not bitten a person or
domestic animal; and
(b) shall be muzzled, except when the dog is in a confined area on the
premises of the owner, or shall be exempt from the muzzling
requirement.
9. Any notice or other document shall be served on the owner by the Town
Clerk by handing it to the owner, but when the notice or documents
cannot be given or served by reason of the owner's absence from the
premises or by reason of his evading service, the notice may be given or
served:
(i)
by handing it to an apparently adult person on the owner's
premises;
(ii)
by posting it in a conspicuous space upon some part of the
owner's premises, or
(iii)
by sending it by prepaid registered mail to the owner at the
address where he/she resides.
10. Every person who keeps a dog which requires muzzling pursuant to this
By-law shall immediately notify the Town Clerk after he has transferred
the ownership of the dog to any other person or has begun keeping the
dog at a new location.
11. This Part shall not apply to a police work dog.
12. Any notice required by this Part to be given by prepaid registered mail
shall be deemed to have been received by the person to whom it was
addressed on the fifth (5th) day after the day of such mailing.
13. Every person who violates any provision of this Part is guilty of an offence
and upon conviction shall be liable to a fine not exceeding $500.00 for
each offence, exclusive of costs, and such fine and costs shall be
recoverable under the provisions of the Provincial Offences Act, R.S.O.
1990, c. P. 33, as amended.
14. Part II shall be deemed to have come into full force and effect on final
passing of this By- law by Council.
15. Any by-laws inconsistent with Part II of this By-law be and the same are
hereby repealed.
READ a FIRST and SECOND time this 27th day of October, 2003.
READ a THIRD time and FINALLY PASSED this 27th day of October,
2003.
_____________________________
MAYOR, Patrick M. O'Neil
_____________________________
ACTING CLERK, Linda Burling