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THE CORPORATION OF THE TOWNSHIP OF LAIRD
By-law Number 2040-25
A By-law for the licensing and registration of dogs; for regulating the
control of dogs; and for the impounding and seizure of dogs within the
Township of Laird.
WHEREAS the Municipal Act, 2001, S.O. 2001, Chapter C. 25, as amended,
provides that Municipalities may pass By-laws for licensing, regulating,
prohibiting, impounding, muzzling, or selling animals; and
WHEREAS Section 103 (1) (c) of the Municipal Act, 2001 provides for the
establishment of procedures for the voluntary payment of penalties out of court
where it is alleged that the by-law respecting animals being at large or
trespassing has been contravened; and
WHEREAS Section 128 of the Municipal Act, 2001 provides that a local
municipality may prohibit and regulate with respect to public nuisances; and
WHEREAS the Council of the Corporation of the Township of Laird deems it
advisable to exercise such authority;
NOW THEREFORE the Council of the Municipality of the Township of Laird
hereby enacts as follows:
1. DEFINITIONS
a. "Bite" means piercing or puncturing of the skin as a result of contact with
a dogs tooth or teeth.
b. "By-Law Enforcement Officer/Provincial Offences Officer" means the
person appointed by Council to uphold the provisions of this By-law or
his/her delegate.
c. "Clerk" means the Clerk Administrator for the Corporation of the
Township of Laird.
d. "Dangerous Dog" means a dog that has attacked, bitten or caused injury
to a person or other domestic animal, or 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.
e. "Disabled Person" refers to a physically, vision or hearing-impaired
person who is the owner of a dog which serves as a guide or leader.
f. "Dog" means any dog male or female over the age of six (6) months.
g. "Kennel" means a place or confine where purebred dogs are bred and
raised and registered in the Register for the Canadian Kennel Club
Incorporated.
h. "Owner" means and 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.
i. "Pound keeper" means the shelter operated by the Sault Ste. Marie and
District Society for the Prevention of Cruelty to Animals Humane Society
(SPCA) on behalf of and under agreement with the Corporation of the
Township of Laird.
j. "Township" means The Corporation of the Township of Laird.
2. LICENSING AND REGISTRATION
a. Notwithstanding Section 4 of this by-law, every owner of a dog shall
obtain a license annually and cause the dog to be registered, numbered,
described and licensed with the Township as soon as the dog has
attained the age of 6 months.
b. No person shall:
i
register an unspayed female dog as a spayed female;
ii
register an unneutered male as a neutered male;
iii
use a tag upon a dog other than the dog for which it was issued.
iv own, harbour or keep more than 5 dogs unless in a licensed
kennel (section 4a)
c. Upon application for a license, the dog owner will be required to produce
a certificate signed by a registered veterinarian that the dog has been
inoculated with an anti-rabies vaccine within a period of twenty-four (24)
months from the date of application for the license.
d. Dog tags shall be worn at all times, and shall bear the serial number and
the year in which it was issued and a record shall be kept by the
Township of Laird showing the name and address of the owner and the
number of the tag issued to such owner
e. No license tag or registration shall be transferrable and the license tag
shall expire and become void upon the sale, death, or other means of
disposal of the dog.
f. Every license issued pursuant to this By-law shall expire on the 31st day
of March in the following year.
3. PENALTY FOR NON-RENEWAL
Any person who fails to renew a dog license on or before March 31 of
each year shall be subject to a penalty as set out in Schedule "A"
attached hereto and forming part of this By-law.
4. KENNELS
a. If a Kennel license is issued as per By-law,868-08 by the Township of
Laird for a kennel of pure-bred dogs registered in the register of The
Canadian Kennel Club Incorporated the owner shall pay an annual
license fee to the township in accordance with the rates established in
Schedule "A: for a license fee for the kennel, no further license fee is
required to be paid in respect of such pure-bred dogs while they are a
part of the kennel. The Owner is still required to obtain license tags while
dogs are a part of the kennel.
(Laird Township does not allow boarding kennels as per By-law,868-08)
b. Regardless of the number of dogs per household, all dog owners within
the Township of Laird shall comply with this by-law relating to running at
large, barking or howling, or causing a nuisance or disturbance.
5. DOGS RUNNING AT LARGE
a. No dog shall be permitted to run at large within the Township of Laird.
b. For the purposes of this by-law a dog shall be deemed to be running at
large when it is found not to be under the care and control of a person
and on a leash within 3 meters (10 feet) of that person, or leashed to a
structure, unless the dog is on the property of its owner or a person who
has consented to it being on his property while it is unleashed.
c. The By-Law Enforcement/Provincial Offences Officer or O.P.P. Officer
shall make all reasonable efforts to identify and contact the owner of
every stray dog received, whether the dog is living or dead.
d. No leash shall exceed 3 meters (10 feet) in length.
e. Every leash used or carried for the purpose of restraining any dog shall
be substantially constructed or composed of strong material such as a
chain or rope and shall be capable, at all times, of securely restraining
such dog.
f. The owner of any dog found to be running at large may be issued an
Offence Notice and required to pay the fee as set out in Schedule "A"
attached hereto and forming part of this By-law.
6. IMPOUNDING AND DESTRUCTION
a. A dog which is found running at large contrary to the provisions of this by-
law may be seized and impounded in the Pound.
b. A dog so impounded shall be held for a period of four days and if not
claimed and released to the owner thereof within such period, such dog
may then be euthanized or sold by the Pound keeper as he or she may
deem appropriate.
c. A dog so impounded shall not be released until the owner thereof has
paid to the Pound keeper all fees during which the dog has been
impounded plus any administrative fees approved by the Board of the
Society.
d. Where a dog is adopted under this by-law the proceeds of the adoption
shall be paid to the Pound keeper.
7. INJURED DOGS
a. Where in the opinion of the constable, peace officer, Pound keeper or By-
law Enforcement Officer/Provincial Offences Officer, a dog under this by-
law is injured or should be euthanized without delay for humane reasons
or for safety to persons, such person may euthanize the dog as soon
after the seizure as he or she thinks fit without permitting any person to
reclaim the dog or without offering it by public auction or otherwise for
sale, and no damages or compensation shall be recovered by the owner.
b. Where a dog seized or impounded by the Pound keeper or By-law
Enforcement Officer/Provincial Offences Officer, under Section 6
subsection (a) is injured or ill and is treated by a veterinary surgeon, the
Pound keeper shall, in addition to any amount charged under Section 6
subsection (c), be entitled to charge the person claiming the dog the cost
for veterinary treatment.
8. ATTACKING DOGS
a. Where a constable or other peace officer or the By-law Enforcement
Officer/Provincial Offences Officer finds a dog running at large contrary to
the provisions of the by-law and he or she believes that before the dog
can be seized it may attack a human being, he or she may kill the dog.
b. Where a person finds a dog running at large contrary to the provisions of
this by-law and the dog is in the act of attacking or threatening to attack a
human being, that person may kill the dog.
c. No damage or compensation shall be recovered for the killing of a dog
under this section.
9. CONFINEMENT OF FEMALE DOGS IN HEAT
a. The owner of a female dog in heat shall confine such dog in a building or
enclosed pen or kennel until such heat has ended.
10. POTENTIALLY DANGEROUS & DANGEROUS DOGS
a. In this section:
i
"potentially dangerous dog" means, a dog that, in the
absence of any mitigating factor, chases or approaches any
person or domestic animal, anywhere other than on the
property of its owner, in a menacing fashion or apparent
attitude of attack, including, but not limited to, behaviour
such as growling or snarling;
or
a dog that has been impounded or for whom the owner has
been convicted on a total of three occasions within a 12
month period for such dog being at large in the municipality.
ii
"dangerous dog" means a dog that, in the absence of any
mitigating factor, has attacked, bitten or caused injury to a
person or has demonstrated a propensity, tendency or
disposition to do so;
or
a dog that, in the absence of any mitigating factor, has
significantly injured a domestic animal;
or
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.
iii
"mitigating factor" means a circumstance which excuses
aggressive behaviour of a dog and, without limiting the
generality of the foregoing, may include circumstances
where:
1. The dog was, at the time of the aggressive behaviour,
acting in defence to an attack from a person or domestic
animal;
2. The dog was, at the time of the aggressive behaviour,
acting in defence of its young or to a person or domestic
animal trespassing on the property of its owner; or
3. The dog was, at the time of the aggressive behaviour,
being teased, provoked or tormented.
vii
"muzzle" means a humane fastening or covering device of
adequate strength placed over a dog's mouth to prevent it
from biting.
b. Potentially Dangerous Dog-Notice and Owner Requirements
Where the Pound keeper or By-law Enforcement Officer/Provincial
Offences Officer designates a dog as a potentially dangerous dog, the
By-law Enforcement Officer/Provincial Offences Officer or Pound keeper
shall serve notice upon the owner of such dog requiring the owner, upon
receipt of such notice the owner shall, comply with any or all of the
following requirements:
i
to keep such dog, when it is on the lands and premises of
the owner, confined within the owner's dwelling or in an
enclosed pen of sufficient dimension and construction to
provide humane shelter for the dog while preventing it from
escaping therefrom and preventing the entry therein of
unsupervised children.
ii
to securely attach a muzzle to such dog at all times when it
is not on the property of the owner or on the property of
another person with such person's consent;
iii
to permit the Pound keeper to insert a microchip
implantation in such dog, at the owner's expense, for the
purpose of identifying such dog as a potentially dangerous
dog
c. Dangerous Dogs-Notice and Owner Requirements
Where the By-law Enforcement Officer/Provincial Offences Officer or
Pound keeper designates a dog as a dangerous dog, the By-law
Enforcement Officer/Provincial Offences Officer or Pound keeper shall
serve notice upon the owner of such, dog requiring the owner, upon
receipt of such notice the owner shall, comply with the following
requirements:
i
To keep such dog confined within the owner's dwelling; or in
an enclosed pen of sufficient dimension and construction to
provide humane shelter for the dog while preventing it from
escaping therefrom and preventing the entry therein of
unsupervised children
ii
to securely attach a muzzle to such dog at all times when it
is not on the property of the owner or on the property of
another person with such person's consent
iii
to permit the Pound keeper to insert a microchip
implantation in such dog, at the owner's expense, for the
purpose of identifying such dog as a dangerous dog.
iv
to permit the By-law Enforcement Officer/Provincial
Offences Officer or Pound keeper to deliver the dog for
spaying or neutering, if unaltered, at the owner's expense.
v
to purchase and display, at the entrance to the owner's
property warning signs. The signs will be posted in such a
manner that it cannot be easily removed by passerby and is
clearly visible to a person approaching the entrance.
d. Notice Requirements
The notice requirements referred to in Section 10, subsections (b) and (c)
shall be served by hand delivery or registered mail. In the event of service
by registered mail, it shall be deemed received on the fifth working day
after the date of mailing. Such notices shall include:
i
a statement that the By-law Enforcement Officer/Provincial
Offences Officer or Pound keeper has reason to believe that
the dog is a potentially dangerous or dangerous dog, as the
case may be;
ii
the requirements that the owner must comply with the
accordance with this Section and when such requirements
take effect and;
iii
a statement that the Owner may request, within three
working days of receipt of the Notice, and is entitles to, a
hearing by the Council of the Township of Laird which may
affirm or rescind the By-law Enforcement Officer/Provincial
Offences Officer or Pound keepers designation of the dog
as potentially dangerous or dangerous, as the case may be,
and which Council may substitute its own designation or its
own requirements of the owner of a potentially dangerous
dog pursuant to Section 10 subsections b (i-iii)
e. Notice Received-Hearing Requested
Where the owner of a dog receives a notice from the By-law Enforcement
Officer/Provincial Offences Officer of Pound keeper designating such dog
as a potentially dangerous dog or as a dangerous dog, he may request
an appeal hearing. Such requests must be made in writing to the Clerk
Administrator of the Township of Laird within three working days of
receipt of such notice. Hearing requests shall be served by hand delivery
or prepaid registered mail. In the event of service by registered mail, it
shall be deemed received on the fifth working day after the date of
mailing. The council shall hold a hearing pursuant to the provisions of the
Statutory Powers Procedure Act within fifteen working days of the Clerk
Administrator's receipt of the request for a hearing and the Council may:
I
affirm or rescind the By-law Enforcement Officer's/Provincial
Offences Officer's or Pound keeper's designation of the dog
as a potentially dangerous dog or as a dangerous dog, as
the case may be;
ii
substitute its own designation of the dog as a potentially
dangerous dog or as a dangerous dog, as the case may be;
and/or
iii
substitute its own requirements of the owner of a potentially
dangerous dog pursuant to Section 10 subsection b (i-iii)
f. Complaint Inquiry by By-law-Enforcement Officer/Provincial
Offences Officer
The By-law Enforcement Officer/Provincial Offences Officer may either on
his or her own initiative or as a result of a complaint received by him or
her from the public conduct an inquiry into whether a dog should be
designated a potentially dangerous dog or a dangerous dog, as the case
may be.
g. Compliance Deadline of Owner
The requirements of Section 10 subsection b (iii) and c subsection (iii)
and (iv) which may be imposed on a dog owner by the By-law
Enforcement Officer/Provincial Offences Officer or Pound keeper
pursuant to such sections shall not be required until either the time for
appeal under Section 10 subsection e has elapsed without the dog owner
requesting an appeal pursuant to that section or the Council has ordered
such requirement, whichever occurs earlier.
h. Change of Ownership
An owner of a dog which has been designated a potentially dangerous
dog or a dangerous dog pursuant to this Section shall advise the By-law
Enforcement Officer/Provincial Offences Officer immediately if he or she
transfers ownership of such dog to another person or changes the
address at which such dog is kept and furnish the By-law Enforcement
Officer/Provincial Offences Officer with particulars of same.
i Dog Owner's Liability Act
Where it is alleged that a dog has bitten or attacked a person or domestic
animal, such dog may be impounded on the order of the Staff Sergeant of
the Ontario Provincial Police and held by the Pound keeper until the
proceedings provided in the Dog Owner's Liability Act, R.S.O. 1990 c. D.
16. have been followed provided that no dog shall be so impounded for a
period in excess of twenty-one days unless otherwise ordered by an
Ontario Court (Criminal Division) or Provincial Offences Court.
11. PROVISION OF NEEDS
a. Every person who keeps a dog within the municipality shall provide the
dog, or cause it to be provided with:
i
clean, fresh drinking water and suitable food of sufficient quantity
and quality to allow for normal, healthy growth and the
maintenance of normal, healthy body weight;
ii
food and water receptacles kept clean and disinfected and located
so as to avoid contamination by excreta;
iii
the opportunity for periodic exercise sufficient to maintain good
health, including the opportunity to be unfettered from a fixed area
and exercised regularly under appropriate control; and
iv
necessary veterinary care when the dog exhibits signs of pain,
illness or suffering;
v
a house or shelter providing protection from heat, cold, direct
sunlight and wet that is appropriate to the dog's weight and type of
coat, and providing sufficient space to allow the dog to turn around
freely and lie in a normal position.
b. No person may cause an animal to be hitched, tied or fastened to a fixed
object where a choke collar or chain forms part of the securing apparatus,
or where a rope or cord is tied directly around the dog's neck.
c. No person may cause an animal to be confined in an enclosed space for
an extended period of time, including a car, without adequate ventilation.
12. DOG CONTROL FINES AND FEES
a. Any dog found running at large contract to the provisions of this by-law
may be captured and impounded by the By-law Enforcement
Officer/Provincial Offences Officer or O.P.P. Officer and thereafter shall
be impounded for a period of five (5) days. If not claimed by the owner
the dog within the said detention period, the dog may thereafter be
destroyed or otherwise disposed of by or under the direction of the pound
keeper.
b. Unless otherwise stated in this by-law, the owner of each dog shall
acquire a Laird Township dog license as set out in Schedule "A" attached
hereto and forming part of this by-law.
c. If the By-law Enforcement Officer is unable to seize any dog found to be
running at large, contrary to the provisions of this by-law and the owner of
such dog is known, a ticket may be issued ordering a fee to be paid by
the owner, know as a Running at Large fee, as set out in Schedule "A"
attached hereto and forming part of this by-law.
d. In all cases if the owner of the dog is known, the dog owner shall be
responsible for all costs, charges and fines associated with the seizure,
impound or care of the doge which has contravened this By-law in any
way.
13. GENERAL PROVISIONS
a. Every person who fails to comply with the provisions of this By-law shall
be guilty of an offence and, upon conviction is subject to a penalty
pursuant to the Provincial Offences Act.
b. Each day that a breach of this by-law continues shall constitute a
separate offence.
c. Fines pursuant to subsections a. and b. above are recoverable under the
Provincial Offences Act, as amended.
d. Should any Section or part of a Section of this By-law be declared by a
court of competent jurisdiction to be invalid, same shall not affect the
provisions of the By-law as a whole or any part thereof, other than the
part so declared to be invalid.
e. Any person who is visually, audibly or physically disabled and owns a
registered service dog to assist with their daily living shall be exempt from
the licensing provisions of this by-law.
14. PENALTY
Any person who contravenes any of the provisions of this By-law is guilty
of an offence and on conviction is liable to a fine or penalty for each
offence, exclusive of costs, as prescribed in accordance with the
Provincial Offences Act, R.W.O., 1990, C.P. 33 as amended.
15. SHORT FORM NAME
That the short form title of this By-law shall be the "Control of Dogs" by-
law.
16. BY-LAWS REPEALED
That By-law 924-12 is hereby repealed.
17. EFFECTIVE DATE
This By-law shall come into force and effect on the day it if finally passed
READ and passed in Open Council this 16th day of January 2025.
Mayor __________________________
Shawn Evoy
Seal
Clerk ___________________________
Jennifer Errington
TOWNSHIP OF Laird
CONTROL OF DOGS
SCHEDULE "A" TO BY-LAW #2040-25
Cost
1.
Annual Fees
Each neutered male or spayed female before March 31
No Fee
Each neutered male or spayed female after March 31
No Fee
Each male or female dog before March 31
No Fee
Each male or female dog after March 31
No Fee
Registered Kennel Fee
$100.00
Tag for Individual Dog in Kennel
No Fee
Replacement of lost tag
$5.00
2.
Pound Fees
Municipal Pound intake Fee (or as invoiced by SPCA)
$100.00
Impound fee $20.00 per day
After hours intake
$65.00
Sault Ste. Marie Pound fees
As invoiced
Veterinarian Fees/euthanasia
As invoiced
3.
Fines
Failure to obtain a Laird Township dog license/tag
$75.00
Registering an unspayed female dog as a spayed female
$75.00
Registering an unneutered male as a neutered male
$75.00
Use of a tag upon a dog other than the dog for which it was issued
$75.00
Own, harbour or keep more than 5 dogs $250.00
Failure of owner to obtain kennel license
$100.00
Owner permitting dog to run at large
$100.00
Failure of owner to confine a female dog while in heat
$150.00
Failure of owner to confine a dangerous dog
$500.00
Failure of owner to muzzle a dangerous dog $500.00
Failure of owner to microchip to be inserted on dangerous dog $500.00
Failure of owner to permit spay or neuter of dangerous dog at
owners expense $500.00
Failure of owner to confine a potentially dangerous dog $500.00
Failure of owner to muzzle a potentially dangerous dog $500.00
Failure of owner to microchip to be inserted on potentially
dangerous dog $500.00