This is the exact embedded text of the captured official document.
Snapshot 5cbaf089350c · verified 2026-10-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
CORPORATION
OF THE TOWNSHIP OF MALAHIDE
BY -LAW No. 05 -71
Being a by -law to provide for the Regulation,
restriction
and
prohibition
of the keeping and
the running -at -large
of dogs in the Township
of Malahide
WHEREAS
paragraphs
1, 8, 9, 1 t and
13 of Section 210 of the Municipal Act, R.S. O.
1990, c. M. 45, as amended, provide that
all by -laws may be passed by Councils
of
municipalities
for the licensing, keeping and regulating
of dogs.
THEREFORE
the Council
of the Corporation
of the Township of Malahide
enacts
as
follows:
Part 1
DEFINITIONS
1. 1
Definitions
In this by -law:
a)
Animal
Control
Officer -- defined
Animal
Control
Officer"
shall mean a person( s) appointed by the
Township, whose duties include the enforcement of this by -law.
b)
Council -- defined
Council"
shall mean the Council
of the Township of Malahide.
C)
Dangerous Dog -- defined
Dangerous
Dog" means any dog:
i)
that has bitten or injured a human being or domestic animal; or
ii)
that has been threatening
or aggressive towards
a human being or
domestic
animal.
d)
Dog -- defined
Dog" shall mean a male or female dog over the
age of four ( 4) months.
e)
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.
f)
Guard Dog -- defined
Guard Dog" shall mean
a dog used for security
purposes
on land legally
used for industrial
or commercial purposes.
g)
Hunting -- defined
Hunting" shall mean lying and waiting for, searching
for, being on the
trail of, pursuing, chasing
or shooting at wildlife, whether or not the
wildlife is killed, injured, captured
or harassed,
and does not include
trapping.
h)
Kennel -- defined
Kennel"
shall mean a lot, building, structure
or establishment in which
four or more dogs are housed, boarded
or bred.
i)
License agent -- defined
License agent" shall
mean
a person
appointed by Council
to issue dog
licenses.
j)
License issuer -- defined
License
issuer" shall mean the Licensing Officer for the Township of
Malahide.
k)
Municipality -- defined
Municipality" shall
mean the Township
of Malahide.
1)
Owner -- defined
Owner" includes
a person who keeps, possesses
or harbors
a dog and
where the owner is a minor the person responsible for the custody of the
minor.
m)
Person -- defined
Person" includes any physical
or corporate
entity, partnership
or any
association
and the heirs, executors,
administrators,
successors
and assigns
or other legal representative
thereof
to whom
the
context may apply.
n)
Pet Shop -- defined
Pet Shop" shall
mean
an establishment engaged in the
retail
sale
of
animals.
o)
Pet Shopkeeper -- defined
Pet Shopkeeper"
shall
mean
a person who has the
charge, care or
ownership
of a pet shop.
P)
Pound --defined
Pound"
means premises, regulated
under the Animals
for Research
Act,
that are
used for the confinement
maintenance
or disposal
of animals
that
have to be impounded pursuant
to this by -law.
q)
Poundkeeper -- defined
Poundkeeper"
shall
mean
a person
appointed by the Township of
Malahide to act in the capacity
of Poundkeeper.
r)
Premises -- defined
Premises"
includes the
entire lot on which a building may
or may
not be
situated.
S)
Restrained -- defined ( Dangerous
Dog)
Restrained"
means being kept inside a building
or house
or in an
enclosed
pen of sufficient
dimension
and strength to be humane
and
secure
so as to prevent
a dog from coming
in contact with or making
a real
or substantial threat of attack on
a person
other than
the
owner
of the dog,
or invitee
of the owner, and includes keeping such dog securely
on
a leash
of not more than 2 meters in length when
outside
of such building, house
or enclosed
pen.
t)
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 and not either under the physical control
of any person on a leash.
2
i
1
Part 2
EXEMPTIONS
2. 1
Animal
hospital - clinic - kennel- registered
This by -law shall not apply
to an animal hospital; clinic or kennel lawfully
operated
and supervised by a veterinarian for the exclusive
purpose of treating
sick or injured animals, who is a registered
member
of the Ontario Veterinary
Association.
2. 2
Ontario
Society for the Prevention
of Cruelty to Animals.
This by -law shall
not apply to the Ontario Society for the Prevention
of Cruelty
to Animals.
2. 3
Pound
This by -law shall
not apply
to
a pound.
2. 4
Pet Shop
This by -law shall not apply to pet shops.
2. 5
Zoos- fair - exhibitions - circuses - authorized
This By -law shall
not apply to dogs maintained in a zoo, fair, exhibition, dog
show
or circus
operated
or licensed by a municipal
or other
governmental
authority.
2. 6
Service
Dogs
This by -law shall
not apply to police
service
dogs or other specially
trained
dogs
used for investigative
purposes
while
under the ownership
of any police
service
or
other federal, provincial, or municipal
agency.
2. 7
Research Facility -- registered
This by -law shall
not apply
to dogs maintained
at a research facility
registered
under the Animals
for Research
Act.
2. 8
Hunting Dogs.
This by -law shall not apply
to dogs while being used for the
purpose of hunting..
Part 3.
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
More than 3 dogs per premises.
Notwithstanding Section
3. 1 any person owning
more than three ( 3) dogs on the
day prior to this by -law coming
into effect is permitted to maintain
those dogs
with proof of ownership
in the form of a license provided
that if the dogs should
be sold
or otherwise
go out of the
owners
possession, they are not permitted to be
replaced beyond a limit of three ( 3) dogs per dwelling unit.
3. 3
Kennels -- registered
Section 3. 1 of this by -law shall not apply to any person keeping
a kennel of dogs
licensed under-Part 5 of this by -law.
3. 4
Guard Dogs - industrial- commercial premises
Notwithstanding
section 3. 1 of this by -law, more than two ( 2) guard dogs may be
licenses for lawfully
used industrial
or commercial
premises.
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 Hamlet
areas in the Township of Malahide. '
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
Keeping
of Dangerous Dogs.
i)
Every owner of a dangerous dog shall:
a) license
such dog with the Municipality
as a dangerous dog in
accordance
with the requirements
of this by -law;
b)
ensure
that such dog is spayed
or neutered;
c)
ensure
that
such dog has an up -to -date rabies
shot;
d) display a sign
at each
entrance
to the property
and building in
which
the dog is kept warning that there
is a dangerous dog on
the property.
This sign shall be visible
and legible from the
nearest road or thoroughfare.
ii)
When
a dangerous dog is off its owner'
s property
the owner shall:
a)
ensure the dog is muzzled
in a humane
manner
at all times
b)
ensure
the dog is on a leash not longer than
one (
1)
meter; and
c)
ensure
the dog is under
the
control
of a person
over the age of
eighteen.
iii)
When a dangerous dog is on its owner'
s property
the
owner
shall:
a)
ensure
the dog is securely
confined
indoors or in a locked pen
that
meets the following standards:
1.
The pen shall be suitable
to prevent
the
escape
of the
dangerous dog and capable
of preventing
the entry
of
any person
not in control
of the dog.
2.
The pen
must have
a minimum
dimensions
of two ( 2)
meters and must have
secure
sides
and
secure top.
3.
If the pen has no bottom secured
to the
sides, the
sides
must be embedded
into the ground
no less than
thirty ( 30) centimeters
deep.
4.
The pen shall
also
provide
protection from the
elements
for the dog.
5.
The
pen shall not be within
three ( 3) meters of the
property
line or within
three ( 3) meters
of a
neighbouring
dwelling unit.
iv)
If the Municipality has, in its sole discretion, determined that
a dog
is dangerous for the purposes
of this by -law, the Municipality
shall
impound the said dog at the owner'
s expense for a maximum
of ten
10) days or the Municipality
may
order the
owner
of the said dog
to impound
the dog on the
owner'
s property
until
such time that
the
owner
of the
said dog has complied
with all of the requirements
contained
in this by -law for the keeping of a dangerous dog.
Should the owner
fail to comply
with all of the requirements
contained
in this by -law for the keeping of a dangerous dog within
the said 10 -day period, the Municipality may humanely destroy the
impounded
dangerous dog.
v)
It shall be a condition of every license for a dangerous dog that the
owner
of the dangerous dog provide
and maintain
a policy
of
liability insurance
in the
amount
of at least
one
million dollars-,
covering
the twelve - month
period during which licensing is
sought, for injuries
caused by the owner'
s dangerous
dog. This:
4
policy
shall name the Municipality
as
an additional
insured for the
sole purpose
of the Municipality being notified by the insurance
company of any cancellation,
termination
or expiration
of the
policy.
3. 9 -
Owner' s Responsibilities
i)
No owner of a dog shall fail to prevent his or her dog from:
A)
Threatening, biting, or attacking
a person;
B)
Threatening, biting or attacking
any domestic animal; or
C)
Damaging public
or private
property.
ii)
No owner
of a dog shall
use
a chain
as a means
of confinement.
Part 4
LICENSING
4. 1
Licensing Agent- appointed- authorized
The Council
shall
appoint
a licensing agent or agents for the Municipality and
every
such license
shall be executed
on behalf of the Municipality.
4. 2
Registration - information- requirements
The license
agent
shall keep a record
showing
the following dog license
registration
information:
a)
name
and
address
of dog owner;
b)
serial
number
of tag;
c)
date of registration;
d) description of dog;
e)
amount
of fee paid upon
registration
4. 3
Application - license- description -fee
Every license
application
shall be accompanied
by the following:
a)
description of dog including colour, breed
and name,
b)
applicable
fee.
4.4
License - annually
Every owner
shall
cause
his /her dog to be licensed.
4. 5
Expiry - annual- December 31
Every license issued by the license
agent
shall
expire
on the thirty - first day of
December of the year for which it is issued and
shall be renewable
yearly.
4. 6
a)
Tag - serial
number - issued -upon payment
of fee
Upon payment
of the applicable
fee( s), the owner
shall be furnished
with a
dog tag bearing the
serial
number, the year for which it was issued.
b)
Tag- affixed - securely - to dog -at all times.
The tag shall be fixed securely
on the dog for which it was issued at all
times until
such time
as the tag is renewed
or replaced.
C)
Tag- replacement - where
lost.
Where a tag has been lost, an application
shalt, be made to the license
agent for a replacement
tag.
d)
Tag - replacement -proof of payment - plus fee.
The application
shall be accompanied
by proof that the current
year'
s
license fee has been paid
and the applicable
replacement
tag fee.
e)
Tag - removal
No person
shall, within the Township of Malahide, unlawfully
remove
a
dog tag from a licensed dog.
5
f)
Ownership- change in- failure
to notify.
Every owner
shall notify
the license agent upon
the
change in ownership
of a licensed dog.
Part 5
KENNELS
5. 1
No person
shall keep a dog kennel
without
a license.
5. 2
Every owner
of a kennel
shall pay to the Township
a kennel license fee for each
year or any portion
thereof
as may be established
annually.
5. 3
Every kennel shall be kept in a clean
and sanitary
condition
and free of refuse
of
any kind
at all times
so
as to prevent
the arising
of odors
there from, and
shall be
kept free of flies or vermin
at all times.
5. 4
Where a kennel
referred
to in Section 5. 2 of this by -law has acquired
legal non-
conforming
status,
such
use for the boarding
of dogs may continue
without
limitation as to the number
of dogs boarded and not subject
to the provisions
of
section
5. 5 until
such use is discontinued by the present
owner.
5. 5
Save
as provided
in Section 5. 4 of this by -law, no kennel may be established
except
where it is permitted
under the
applicable
Zoning By -law in force from
time to time.
5. 6
No kennel with
an outside
area of confinement
for dogs shall be constructed
or
located within
10 meter' s of any building
used for human habitation on any
adjacent lot, and no
outside
area of confinement
for dogs shall be constructed
or
located within
three
meters
of any property boundary line.
5. 7
All kennels may be subject
to inspection by the Medical
Officer
of Health
for the
Elgin -- St. Thomas Health Unit or his designate, as, in his discretion he feels it is
warranted
and where, in his opinion,
a kennel deviates from the minimum
standards
established
by him, the Licensing Issuer of the municipality
shall be at
liberty to revoke the license herein
granted
until
such time as the Issuer is notified
by the Medical Officer of Health that the Kennel complies
with these
standards. .
The owner
of the kennel
shall have
a right to appeal to Council the revocation in
this regard.
Part 6
FEES
6. 1
Fees
Thelicense fees to be paid by the Township
of Malahide
shall be as
set out in
Appendix " A" of this by -law.
6. 2
Guide dogs- hearing
ear dogs -- handicap -- aid dogs -- police
service dogs
exempted.
Guide dogs within
the meaning
of the Blind Persons'
Rights Act,
hearing
ear dogs, handicap -- aid dogs and police
service dogs, are
exempt from
the payment
of all license fees applicable
pursuant
to,this by -law.
6. 3
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 license, and
pay the Poundkeeper
the
applicable
maintenance
charges
prescribed, and any
other damages, fines
and expenses according
to law.
G
TRW
Part 7
IMPOUNDING
7. 1
Seizure - impounding
The Poundkeeper
shall impound
any dog seized by him or delivered
to him by a
police
officer
or Animal Control Officer.
7. 2
Claim- within 72 hours - release
The owner
or keeper of a dog impounded for being at large shall be entitled
to
redeem
such dog with 72 hours from the time of impoundment, exclusive
of the
day of impoundment, statutory holidays, and days during which
the pound is
otherwise
closed, upon paying
the Poundkeeper the applicable
maintenance
charges
prescribed,
and any other damages, fines
and expenses
according
to law.
7. 3
Owner -to claim dog -- before disposal.
The owner of a dog that has been impounded
may, upon application
to the
Poundkeeper, claim the dog before the Poundkeeper is entitled
to dispose
of the
dog according
to the
provisions
of section 7. 4 of this by -law.
7. 4
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.
7. 5
Euthanasia -for humane - safety
reasons
Where
a dog that is captured
or taken into custody is injured
or in the opinion
of
the Poundkeeper, such 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.
7. 6
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 may
euthanize
the dog and no damages
or compensation
shall be
recovered by the owner of the dog for said destruction.
7. 7
Veterinary services -- required -- payable by owner.
Where
a dog is captured
or taken into custody,
and the
services
of a veterinarian
are secured by the Poundkeeper,
the Township
of Malahide
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, where
the dog is alive, dies or is
euthanized.
7. 8
Compensation -to dog owner - prohibited
No compensation, damages, fees or any other
sum of money
on account
of or by
reason of the impounding, euthanasia
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 Township of Malahide.
7
Part
S
ENFORCEMENT
8. 1
Penalty
Any person
who
contravenes
any provisions
of this by -law is guilty
of an offence
and is liable, upon conviction, to the maximum
penalty
as prescribed by the
Provincial Offences Act, R.S. O. 1990, c. P. 33, as amended,
and
all such
penalties
and costs may be recovered
under the Provincial
Offences Act.
Part 9
TRANSITION
9. 1 Every license issued
pursuant to By -law No. 99 -82 shall be deemed
to be a license
issued
under
this by -law and every such license shall
continue
to be valid
until its
normal
date of expiry.
9. 2 Every
act taken
pursuant
to the predecessor
to this by -law shall,
as necessary, be
deemed to have been taken
pursuant
to this by -law and every
such
act may be carried
to its conclusion
pursuant
to the authority
granted by this by -law.
9. 3 If an act has been validly commenced
pursuant
to the
predecessor
to this by -law and
authority
for such
act does not exist
pursuant
to this by -law then such
act may be
continued
to its conclusion
and the portions
of the predecessor to this by -law
necessary
to permit
such
act to be concluded
shall be deemed to remain in effect for
the purposes
of bringing
such an act to a conclusion.
Part 10
REPEAL -- ENACTMENT
10. 1
Where the provision
of any other By -law, resolution
or action
of Council
are
inconsistent with provision of this By -law, the provisions
of this By -law shall
prevail.
That this By -law shall
come into force
and take effect
on the final passing
thereof.
READ A FIRST AND SECOND TIME this
15th
day of December, 2005.
READ A THIRD TIME AND FINALLY
PASSED this
15th
day of December, 2005.
ayor -
John R. Wilson.
Clerk - R. Millard
Ell
TOWNSHIP OF MALAHIDE
SET FINE SCHEDULE
Part 1 Provincial Offences Act
By -law No. 05 - 71, Dog and Animal By -law
COLUMN
3
Set Fine
includes costs)
105. 00
105. 00
105. 00
105. 00
105. 00
105. 00
Note: Penalty provisions
for the
offences
indicated
above is Appendix " A" of By -law
No. 05 -71, a certified copy
of the by -law is attached.
10
of
discount
of $
10. 00
r
all
dog /kennel
licenses
re March 31 st
APPENDIX " A" TO BY -LAW No. 05 -71
DOG CONTROL
Appendix " A"
Schedule of Fees
of
discount
of $
10. 00
r
all
dog /kennel
licenses
re March 31 st
9