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INDEX TO ANIMAL CONTROL BY-LAW 90-2004
(Consolidated Version)
PART
PAGE
Short Title .................................................................................................
2
Definitions .................................................................................................
2
Licensing Dogs .........................................................................................
5
Licensing Cats ..........................................................................................
8
Animals Normally Found in a Wild and Natural State ...............................
8
Farm Animals ............................................................................................
9
Pigeons .....................................................................................................
9
Cats and Dogs .........................................................................................
11
Pit Bulls .....................................................................................................
12
Permissible Non-Conforming Animals ......................................................
13
Being at Large .........................................................................................
13
Humane Care ..........................................................................................
14
Biting Dog ................................................................................................
15
Obstruction of Animal Control Officer ........................................................
18
Penalty .....................................................................................................
18
General ....................................................................................................
18
Notice .....................................................................................................
18
Repeal of By-law ......................................................................................
18
Effect .......................................................................................................
18
Schedule "A" - Redemption Fees Paid to Poundkeeper ...........................
20
Schedule "B" - Prohibited Animals ............................................................
21
Schedule "C" - Registration of Non-Conforming Animals .........................
23
Schedule "D" - Interim Muzzle Order .......................................................
24
Page 1 of 24 of By-law No. 090-2004
Consolidated By-law No. 90-2004 as amended by By-law Nos. 051-2006, 137-2008, 088-2010,
031-2011, 134-2012, 099-2013, 018-2019
THE CORPORATION OF THE TOWN OF MILTON
BY-LAW NO. 90-2004
A BY-LAW TO REGULATE LICENSING AND IDENTIFICATION OF DOMESTIC
ANIMALS, OTHER THAN FARM ANIMALS, TO PROHIBIT THE TRESPASSING OF
DOMESTIC ANIMALS, OTHER THAN FARM ANIMALS, AND TO REGULATE AND
PROHIBIT THE KEEPING OF CERTAIN ANIMALS WITHIN THE MUNICIPALITY, AND
TO REPEAL CERTAIN PROVISIONS OF BY-LAW NUMBER 70-95 AND TO REPEAL
BY-LAW NUMBER 85-2004
WHEREAS paragraph 9 of subsection 11(1) and sections 103-105 of the Municipal Act,
2001, S.O. 2001, c.25, as amended, provides that by-laws may be passed by local
municipalities regulating or prohibiting with respect to the being at large or trespassing of
animals and generally respecting animals;
AND WHEREAS the Council of the Town deems it expedient and necessary to regulate,
license and control the keeping of dogs and other animals within the Town of Milton;
AND WHEREAS the Council of the Town deems it expedient and necessary to require
the Owners of domestic animals to identify their animals by means of an identification
system that includes tagging, microchip implantation and/or collars;
AND WHEREAS the Council of the Town deems it expedient and necessary to prohibit
the being at large or trespassing of dogs and domestic animals;
AND WHEREAS the Council of the Town deems it expedient and necessary to regulate
and prohibit the keeping of certain animals;
AND WHEREAS it is the desire of the Council of the Town to repeal certain provisions of
By-law 70-95, as amended;
NOW, THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF
MILTON ENACTS AS FOLLOWS:
SHORT TITLE
This By-law may be cited as the "Town of Milton Animal Control By-law".
PART 1 - DEFINITIONS
1. In this By-law:
a) "animal" shall mean any member of the animal kingdom, other than a human;
Page 2 of 24 of By-law No. 090-2004
b) "Appeal Committee" or "Committee" shall mean Access Paralegal, as delegated by
Council; (As amended by By-law No. 137-2008)
c) "Animal Control Officer" shall mean a person, including The Town of Milton
employees, that are employed by the Town for the control and regulation of
animals within the Town of Milton and also includes a Municipal Law Enforcement
Officer; the Chief of Police for the Halton Regional Police Service, or designate; the
Commissioner of the Ontario Provincial Police, or designate; or any other party
contracted by the Town to provide such services ; (As amended by By-law No. 099-2013)
d) "animal hospital or animal shelter" shall mean a building or structure for the
purpose of keeping, housing, enclosing, harbouring and treating animals, and
includes a veterinary hospital or clinic;
e) "animal runs" shall mean an outside area enclosed by fencing, used for the
purpose of exercising dogs or other animals, and "dog runs" shall have a similar
meaning;
f) "being at large" shall mean being found in any place other than the premises of the
Owner of the animal and not under the control of a person with sufficient strength
and ability to control the animal, except where the Owner of the property permits
the animal to be on his or her property;
g) "Boarding or Breeding Establishment/Kennel" shall mean any building(s) or part of
a building or on a property where more than three (3) dogs or five (5) cats are
boarded, bred or kept on a temporary basis in the Rural Area, and "pet sitting
services" has the same meaning; (As amended by By-law No. 137-2008)
h) "cat" shall mean a male or female feline over the age of six weeks of any breed of
domesticated cat or crossbreed domesticated cat;
i) "Council" shall mean the Council for The Corporation of the Town of Milton;
j) "dog" shall mean a domesticated male or female dog of any canine species over
the age of twelve (12) weeks;
k) "dog tag" or "tag" shall mean a disc or other shape of metal or plastic furnished by
the Town in connection with the licensing and registering of a dog, which tag shall
demonstrate that the dog has been licensed and registered with the Town; {Amended
by By-law No. 031-2011}
l) "domestic" in relation to an animal shall mean an animal kept by a person for
pleasure or companionship, for animal husbandry, or for its pelt, wool or fur or for
food or research purposes;
Page 3 of 24 of By-law No. 090-2004
m) "domestic farm animal" shall mean an animal kept by a person for animal
husbandry, or for its pelt, wool or fur or for food or research purposes, and
includes, but is not limited to, domesticated ungulates of the families Artiodactylus,
and Perissodactylus, Anseriformes, Galliformes, Gallus Gallus, and Ratite Birds as
outlined in Schedule "B" to this By-law.
n) "keep" shall mean to have temporary or permanent control or possession of an
animal, and the words "harbour" , "kept" or "keeping" have a similar meaning;
o) "leash" shall mean a rope, chain, line or similar device for leading or restraining an
animal and shall be of sufficient strength and design to restrain the animal and to
allow a person to restrain and control the animal;
p) "Licensing Officer" shall mean the person or persons appointed as such by Council,
or his or her designate;
q) "Medical Officer of Health" shall mean the Medical Officer of Health for the
Regional Municipality of Halton;
r) "microchip implant" shall mean an electronic device implanted under the skin of a
dog or cat so that it can be identified at all times by local authorities or an Animal
Control Officer and "microchipped" has the same meaning; (As amended by By-law No.
137-2008)
s) "muzzle" shall mean the use of a humane fastening or covering device of adequate
strength which covers the mouth to prevent a dog from biting and the word
"muzzled" has a similar meaning;
t) "Owner" shall mean an owner of land or premises where an animal is kept and
shall include a tenant or occupant of such land or premises, a person who has
control of an animal, a person who owns, keeps, possesses or harbours an animal,
and where the owner is a minor, also includes the person responsible for the
custody of the minor and "owns" and "owned" have corresponding meanings; (As
amended by By-law No. 137-2008)
u) "pit bull" shall mean a dog of any age identifiable by the Oakville Humane Society
as any one of the following breeds or mixed breeds:
(i) Pit Bull Terrier;
(ii) American Pit Bull Terrier;
(iii) Pit Bull;
(iv)Staffordshire Bull Terrier;
(v) American Staffordshire Terrier
v) "Poundkeeper" shall mean the Oakville Humane Society and includes all
employees, agents and representatives thereof, or such other party appointed by
Council as a Poundkeeper;
Page 4 of 24 of By-law No. 090-2004
w) "public place" shall mean any place to which the public have access as of right or
by invitation, express or implied, and includes, but is not limited to, a highway,
public park and other municipal, federal or provincial property.
x) "Public Pound" shall mean such premises and facilities used by the Town for
impounding animals;
y) "Rural Area" shall mean the areas in the Town of Milton as described in the Zoning
By-law as GA (greenland area), GB (greenbelt), A1 (agricultural 1) and A2
(agricultural 2), and shall also include Niagara Escarpment Commission ("NEC")
lands, subject to any required approvals; (As amended by By-law No. 137-2008)
z) "Senior Citizen" shall mean a person who is sixty-five years of age or older;
(z.1) "Service Animal": an animal is a service animal for a person with a disability if it is
readily apparent that the animal is used by the person for reasons relating to his or
her disability, or if the person provides a letter from a physician or nurse confirming
that the person requires the animal for reasons relating to the disability; (As amended
by By-law No. 137-2008)
aa)"tether" shall mean a rope, chain or similar device, attached to a fixed point, used
for restraining an animal;
bb)"Town" shall mean The Corporation of the Town of Milton;
cc) "Town Clerk" shall mean the person appointed as such by Council, or his or her
designate;
dd)"Urban Area" shall mean the areas in the Town of Milton as described in the
Zoning By-law as RLD (residential low density), RMD1 (residential medium density
1), RMD2 (residential medium density 2), RHD (residential high density), RO
(residential office), RE (residential estate), RV (residential hamlet), C4 (commercial
4) and NEC4 (Niagara Escarpment Commission 4 where the principal use is
residential);
ee)"Zoning By-law" shall mean Zoning By-law No. 144-2003, as amended from time to
time;
ff) "Zoning Officer" shall mean a Zoning Officer employed by the Town.
PART 2 - LICENSING
Dogs
2.
Every Owner of a dog in the Town shall, within seven (7) days following the date a
dog comes into his or her possession, make application and thereby cause such
Page 5 of 24 of By-law No. 090-2004
dog to be licensed and registered at Town Hall, Milton, or with such other party
contracted by the Town to provide such services. (As amended by By-law No. 099-2013)
3.
Notwithstanding the requirements of section 2 of this By-law, any dog used in a law
enforcement role by the Halton Regional Police Service, the Ontario Provincial
Police, the Royal Canadian Mounted Police, the Canadian Military, or any other
public law enforcement agency is not required to be licensed by the Town, and
therefore does not require a dog tag, and is not bound by the terms of this By-law.
4.
Every application for a dog tag shall be accompanied by the following:
(i) name, address and telephone number of the Owner of the dog;
(ii) description of the dog including name, age, gender, colour, breed and whether
the dog is spayed or neutered;
(iii) repealed; (As amended by By-law No. 099-2013)
(iv) Deleted pursuant to By-law No. 137-2008;
(v) payment of the applicable fee prescribed in the Town's User Fee By-law, as
amended from time to time.
4.1
Applicants for a dog tag shall be required to attest to the fact that their dog has
been immunized against rabies as required by the Health Protection & Promotion
Act, R.S.O. 1990, c. H.7, as amended, and Regulations thereto. Applicants shall
provide the certificate of immunization against rabies, signed by the veterinarian
who performed the immunization, to the Licensing Officer or an Animal Control
Officer, if requested. (As amended by By-law No. 137-2008)
4.2
Applicants for a dog tag shall be required to attest to the fact that their dog has
been implanted with a microchip implant for identification. Applicants shall provide
the certificate microchipping, signed by the veterinarian who performed the
microchip implant or the registering agency, to the Licensing Officer or an Animal
Control Officer, if requested. (As amended by By-law No. 099-2013)
4.3
No Owner of a dog shall provide any false information to the Town of Milton in
obtaining, updating or renewing a dog tag. (As amended by By-law No. 099-2013)
5.
Upon payment of the licence fee for a dog as set out in the Town's User Fee By
law, as amended from time to time, and satisfaction of any other requirements
under this By-law, a dog tag shall be furnished, which is valid for one year from the
date of purchase. (As amended by By-law No. 018-2019)
6.
Repealed by By-law No. 031-2011
Page 6 of 24 of By-law No. 090-2004
7.
Every Owner of every dog shall renew his or her dog license once every calendar
year either by mail or in person at Town Hall or at such other location designated
for this purpose by the Town. This section does not apply to a microchipped dog
that has obtained a microchip dog tag. {Amended by By-law No. 031-2011} (As amended by
By-law No. 099-2013)
8.
The Owner of a dog shall keep the tag securely fixed on the dog for which it was
issued at all times until the tag is renewed or replaced.
9.
The tag may be removed while the dog is being lawfully used for hunting in the
bush. Where a dog is being lawfully used for hunting in the bush and its tag has
been removed, the individual in control of the dog must have the tag on his or her
person at all times.
10.
Dog tags shall be serially numbered and shall state the year in which they are
issued. The Licensing Officer shall keep a record of each dog tag issued, and such
record shall contain the name, address and telephone number of the Owner of the
dog, other pertinent information regarding the dog, and the serial number of the
dog tag issued. {Amended by By-law No. 031-2011}
11.
Upon providing the Licensing Officer with satisfactory evidence that a dog is being
used as a service animal, a dog tag may be issued to the Owner at no charge. (As
amended by By-law No. 137-2008)
12.
Notwithstanding the foregoing, the applicable fee for a dog tag shall be reduced by
fifteen percent (15%) for a dog owned by any person who is a Senior Citizen.
13.
a)
Where a dog tag is not renewed within thirty (30) days from the date of the
expiry of the tag, a late payment penalty shall be applied as prescribed in
the Town's User Fee By-law, as amended from time to time;
b)
Where a dog tag is not purchased within seven days of acquiring a dog, a
late payment penalty shall be applied as prescribed in the Town's User Fee
By-law, as amended from time to time.
14.
Where a dog tag has been lost, an application shall be made to the Licensing
Officer for a replacement tag, whereupon the replacement tag shall be issued upon
payment of the applicable fee as set out in the Town's User Fee By-law, as
amended from time to time.
15.
Every holder of a dog tag issued pursuant to this By-law shall notify the Licensing
Officer forthwith upon any change in information previously provided through the
registration and licensing of the dog or the renewal of the registration and licensing
with the Town.
16.
Once a dog receives a dog tag in a particular calendar year, the tag can be
transferred at no charge to any new Owner. Upon the death of a licensed dog, the
Owner can transfer the dog tag to a new dog at no charge, but must make an
Page 7 of 24 of By-law No. 090-2004
application for the new dog at the office of the Licensing Officer. {Amended by By-law
No. 031-2011}
16.1 Dog tags issued by another municipality are not recognized by the Town, and as
such cannot be transferred to the Town. (As amended by By-law No. 137-2008)
Cats
17.
Every Owner of a cat shall ensure his or her cat is identified by either:
(i)
a collar on which the Owner's name and address is permanently inscribed;
(ii)
a microchip;
(iii)
a tattoo;
(iv)
an Oakville & District Humane Society cat tag.
(As amended by By-law No. 137-2008)
PART 3 - PROHIBITIONS & REGULATIONS
Animals Normally Found in a Wild and Natural State
18.
Except as hereinafter provided, no person shall keep, possess, harbour or cause to
be kept within the Town of Milton, either on a temporary or permanent basis, any
animal of the kind listed in Schedule "B" to this By-law, for sale, for exhibition, as a
pet or for any other purpose.
19.
Notwithstanding section 18, the use, exhibition and showing of Schedule "B"
animals in a temporary event is permitted, if otherwise permitted at law. Section 19
includes professionally produced films that are being made by film professionals
and film production companies, and where Schedule "B" animals are used only
temporarily during filming.
20.
Notwithstanding section 18, the keeping of animals of the kind listed in Schedule
"B" to this By-law is permitted:
(i)
in a veterinary hospital under the care of a qualified veterinarian;
(ii)
in a Public Pound;
(iii)
repealed; (As amended by By-law No. 099-2013)
(iv)
on premises where animals are being kept for the purposes of rehabilitating
the individual animal, subject to:
Page 8 of 24 of By-law No. 090-2004
(a)
Approval by the Supervisor of Licensing and Enforcement, or
designate, or such other party that may be contracted by the Town to
provide such services, and;
i. obtaining any necessary provincial or federal licenses, permits, or
authorizations; and
ii. subject to all requirements of the Town of Milton Zoning By-law
(As amended by By-law No. 099-2013)
(v)
when, under the auspices of the federal or provincial government or an
organization or facility with appropriate expertise, premises where animals
are being kept for the purposes of preserving the individual animal or the
animal species, provided that the premises meets Canadian Association of
Zoos and Aquarium standards, and subject to all requirements of the Zoning
By-law;
(vi)
day care facilities or educational establishments where short-term
educational programs are being conducted.
21.
No person shall keep or be in possession of any animal or bird the keeping of
which is prohibited under any provincial or federal statute, unless the person
possesses all necessary licenses, permits and authorizations required by law.
22.
Notwithstanding section 18 of this By-law, diurnal and nocturnal raptors may be
kept by Conservation Halton, the Regional Municipality of Halton, and businesses
and agencies that are lawfully operating within the Town under federal and/or
provincial licenses, and/or are operating in accordance with all other applicable
laws and regulations.
Section 22 includes individuals who have obtained all
necessary provincial and/or federal permits, licenses and authorizations to keep
diurnal and nocturnal raptors. Individuals must keep such raptors in the Rural
Area.
Farm Animals
23.
Notwithstanding section 18 of this By-law, a person in a Rural Area may keep
domestic farm animals. (As amended by By-law No. 137-2008)
Pigeons
24.
Notwithstanding section 18 of this By-law, pigeons may be kept under the following
conditions, in a Rural Area: (As amended by By-law No. 137-2008)
(i)
the pigeon(s) are banded;
(ii)
the pigeon(s) are kept in a loft, cage or area of sufficient size and such loft,
cage or area shall be so constructed as to prevent escape by the pigeons;
Page 9 of 24 of By-law No. 090-2004
(iii) the following are maximum conditions for keeping pigeons:
(a) one (1) pigeon per 0.056 cubic metres of loft;
(b) one (1) pigeon per 0.028 cubic metres of cage;
(c) one (1) pigeon per 9.3 square metres of lot area;
(d) the total maximum number of pigeons to be kept by any one Owner
on his or her property is 60.
(iv)
if required, a building permit shall be obtained by the Owner before a pigeon
loft is constructed;
(v)
lofts shall be located a minimum distance of 8.2 metres, or subject to the
requirements of the Zoning By-law, whichever is more restrictive, from any
school, dwelling unit or any other premises used for or intended to be used
for human habitation or occupancy;
(vi)
there shall be a separation distance from one pigeon loft to the next of 500
metres;
(vii)
an Animal Control Officer shall have the authority to inspect the pigeon loft
to ensure compliance with the By-law.
(viii)
no person shall permit pigeons to be released for flights except as follows:
(a) from April 1 to September 30, only after 6:00 p.m. and before 7:30
a.m.;
(b) from October 1 to March 31, only after 3:00 p.m. and before 10:00
a.m.;
(ix)
no person shall permit pigeons to be released for more than two flights per
day;
(x)
no person shall permit the release of pigeons for flight except where such
flight is subject to supervision;
(xi)
subsections 24(i), 24(iii)(d) and section 27 of this By-law do not apply to
businesses that are lawfully operating within the Town under federal and/or
provincial licenses, and/or are operating in accordance with all other
applicable laws and regulations.
25.
No Owner or keeper of pigeons and no person upon whose land pigeons are kept
shall permit the pigeons owned or kept to perch, nest, stray, roost, rest or feed
Page 10 of 24 of By-law No. 090-2004
upon any land other than land which he or she owns or is otherwise legally entitled
to occupy.
26.
Every Owner or keeper of pigeons shall be responsible to see that the lands and
premises upon which the pigeons are kept are maintained in a sanitary condition at
all times and that droppings are not allowed to accumulate and are disposed of in a
fashion which will not create a nuisance or a health hazard.
27.
Every Owner or keeper of pigeons shall be responsible to have pigeons suspected
of having infectious diseases diagnosed promptly by a qualified veterinarian.
Cats and Dogs
28.
No person shall, except as otherwise permitted under this By-law:
(i)
subject to section 16, affix a tag to any dog other than the dog for which it
was issued;
(ii)
notwithstanding section 9, remove a tag from any dog except to replace it
with a current or valid tag;
(iii)
(Repealed by By-Law No. 134-2012)
(iv)
falsely identify a breed of dog. (As amended by By-Law No. 051-2006)
28.1 No person shall keep or permit to be kept on any one premises owned or occupied
by them more than any combination of five (5) dogs or cats in an Urban Area. (As
amended by By-Law No. 134-2012)
28.2 Notwithstanding section 28.1, No person shall keep or permit to be kept on any one
premises owned or occupied by them more than three (3) dogs in an Urban Area.
(As amended by By-Law No. 134-2012)
28.3 Notwithstanding section 28.1, No person shall keep or permit to be kept on any one
premises owned or occupied by them more than Four (4) cats in an Urban Area. (As
amended by By-Law No. 134-2012)
29.
For the purposes of subsection 28.1, a person shall be deemed to be keeping more
than any combination of five (5) dogs or cats in an Urban Area if more than any
combination of five (5) dogs or cats, are kept at any one property, regardless of the
ownership of the dogs and cats. (As amended by By-Law No. 134-2012)
30.
No person shall keep or permit to be kept on any one premises owned or occupied
by them more than any combination of eight (8) dogs or cats in a Rural Area. This
section shall not apply to those properties in the Rural Area where cats are kept in
barns and other agricultural buildings to control the rodent population. (As amended by
By-law 137-2008, and By-Law No. 134-2012)
Page 11 of 24 of By-law No. 090-2004
30.1 Notwithstanding section 30, No person shall keep or permit to be kept on any one
premises owned or occupied by them more than four (4) dogs in a Rural Area. (As
amended by By-Law No. 134-2012)
30.2 Notwithstanding section 30, No person shall keep or permit to be kept on any one
premises owned or occupied by them more than six (6) cats in a Rural Area. (As
amended by By-Law No. 134-2012)
31.
For the purposes of subsection 30, a person shall be deemed to be keeping more
than any combination of eight (8) dogs or cats in an Rural Area if more than any
combination of eight (8) dogs or cats, are kept at any one property, regardless of
the ownership of the dogs and cats. (As amended by By-Law No. 134-2012)
32.
Section 28.1 and section 30 of this By-law do not apply to businesses that are
lawfully operating within the Town under federal and/or provincial licenses, and/or
are operating in accordance with all other applicable laws and regulations, or
businesses carrying on pet grooming and pet training, subject to all requirements at
law and subject to the requirements of the Zoning By-law. (As amended by By-Law No.
134-2012)
33.
Pet grooming and pet training services shall not employ external dog runs in the
Urban Area.
34.
Subsection 28(iii) and section 30 of this By-law shall not apply to a Boarding or
Breeding Establishment/Kennel or any facility providing pet sitting services,
licensed and operating in accordance with the by-laws of the Town, as amended
from time to time.
35.
No animal shall be permitted in a Public Place when prohibited by the property
owner or event organizer, and where signage is erected to indicate such
prohibition.
35.1 No Owner of an animal, shall fail to immediately collect, remove and properly
dispose of excrement left by said animal in a public place or on the private property
of another person. (Amended by By-law No. 088-2010)
Pit Bulls
36.
The Owner of a pit bull shall ensure that the dog is muzzled and leashed, except
when the pit bull is inside the premises of the Owner, and/or restrained behind a
fence on the Owner's property that is sufficient to ensure that the pit bull cannot
escape from the fenced area.
36.1 The exemptions set out in Ontario Regulation 157/05 of the Dog Owners' Liability
Act, R.S.O. 1990, c.D.16, as amended, shall provide the exemptions with respect
to pit bulls and the conditions for attendance at approved dog shows. These
conditions shall apply to all pit bulls, save and except those order to be muzzled
under Part 6 of By-law 90-2004. (As amended by By-law No. 051-2006)
Page 12 of 24 of By-law No. 090-2004
36.2 The exemptions set out in Ontario Regulation 157/05 of the Dog Owners' Liability
Act, R.S.O. 1990, c.D.16, as amended, shall provide the exemptions with respect
to pit bulls, and the conditions for attendance at Flyball tournaments.
These
conditions shall apply to all pit bulls, save and except those order to be muzzled
under Part 6 of By-law 90-2004. (As amended by By-law No. 051-2006)
Permissible Non-Conforming Animals
37.
Deleted pursuant to By-law No. 137-2008
38.
Deleted pursuant to By-law No. 137-2008
PART 4 - BEING AT LARGE
39.
No Owner shall permit his or her animal to trespass or to be at large in any public
place or on private property without the consent of the property owner.
39.1 Any dog, save and except pit bulls, may be off a leash for the purpose of
participating in dog shows, flyball tournaments or an officially sanctioned event by
one of the following dog registries:
The Canadian Kennel Club
The United Kennel Club
The American Kennel Club
The American Dog Breeders Association
These provisions shall not apply to those dogs ordered to be muzzled under Part 6
of this By-law 90-2004. (As amended by By-law No. 051-2006)
40.
When not on the Owner's property, or when in a public place or on private property
without the consent of the property owner, every owner shall ensure that a dog is
on a leash and under the control of a person who has sufficient strength and ability
to maintain control of the dog at all times. (As amended by By-law No. 051-2006)
41.
No person shall secure a dog, save and except a pit bull, by a leash that exceeds
2.1 meters (7') in length. (As amended by By-law No. 051-2006)
41.1
No person shall secure a pit bull by a leash that exceeds 1.8 metres (5.91 feet) in
length. (As amended by By-law No. 051-2006)
42.
The being at large of any dog or other animal is prohibited and an Animal Control
Officer may seize and impound any dog or other animal found to be at large and an
Animal Control Officer may enter upon private property to apprehend a dog or other
animal deemed to be at large.
Page 13 of 24 of By-law No. 090-2004
43.
Notwithstanding any other provision of this By-law, save and except with respect to
dogs ordered to be muzzled under Part 6 of this By-law, an Owner shall not be
required to keep a dog on a leash while in a leash-free park, but must be present in
such park with the dog and be able to control the dog as necessary. (As amended by
By-law No. 137-2008)
43.1 Nothwithstanding Section 43, every owner of a pit bull shall ensure that a pit bull is
leashed, muzzled and under the control of a person who has sufficient strength and
ability to maintain control of the dog at all times, in a leash-free park. (As amended by
By-law No. 051-2006)
44.
Where an animal is seized under this section and is injured or should be humanely
destroyed without delay for humane reasons or for reasons of safety to persons or
animals, an Animal Control Officer or Poundkeeper may destroy the animal, or
have it destroyed in a humane manner as soon after seizure as he or she thinks fit
without the need to permit any person to reclaim the animal.
45.
Where the Owner of an animal impounded is known to the Town, the Licensing
Officer, an Animal Control Officer or Poundkeeper shall provide notice to the Owner
of the impounding of the animal and the Town's authority to dispose of the animal
in accordance with section 47.
46.
Where an animal is seized and impounded, it shall be returned to the Owner upon
payment of the redemption fees as set out in Schedule "A" to this By-law.
47.
If an impounded animal is not claimed by its Owner within three (3) days of
receiving notice of the impounding in accordance with this By-law, such three day
period shall not include the day the animal was impounded, and shall not include
Sundays or statutory holidays, the Town or such other party contracted by the
Town, may sell, give away, destroy, or cause to be destroyed in a humane manner
the impounded animal. (As amended by By-law No. 099-2013)
PART 5 - HUMANE CARE
48.
Every person who keeps an animal in the Town shall provide the animal or cause it
to be provided with such food, water, exercise, and veterinary care as may be
required from time to time to keep the animal in good health.
49.
Every person who keeps an animal in the Town shall ensure that said animal is
provided with a clean and sanitary environment.
50.
Every person who keeps an animal shall ensure that waste material and excrement
are removed forthwith and that such waste material and excrement is handled and
disposed of in a sanitary manner. Owners of domestic farm animals shall remove
and dispose of excrement in accordance with all applicable laws.
51.
If an animal, other than a domestic farm animal, is customarily kept outside, the
person having custody or control of the animal shall at all times provide for its use,
Page 14 of 24 of By-law No. 090-2004
a structurally sound, weather-proof, insulated enclosure with off the ground flooring,
which enclosure shall be located not less than 1.2 meters (4') from the property
line. (As amended by By-law No. 137-2008)
52.
If the Owner of a dog or other animal uses an animal run, such animal run shall be
located not less than 1.2 meters (4') from the property line.
53.
No person shall keep an animal tethered on a chain, rope or similar device of less
than 3 metres (10') in length.
54.
Section 53 of this By-law does not apply to the tethering of birds.
55.
Every person who has tethered an animal shall ensure, at all times, that the animal
has unrestricted movement within the range of the tether, and that the animal
cannot suffer injury resulting from the tethering.
PART 6 - BITING DOG
56.
No person shall permit or allow his or her dog to bite or attack a person or domestic
animal.
57.
Where the Licensing Officer or an Animal Control Officer has reason to believe that
a dog has bitten or attacked a person or domestic animal, the Licensing Officer or
Animal Control Officer may serve an Interim Muzzle Order upon the Owner, as
shown on Schedule "D" to this By-law, ordering the Owner to muzzle the dog
except when the dog is inside the premises of the Owner, securely tethered on the
Owner's property so that the dog is unable to leave the property, or restrained
behind a fence on the Owner's property which is sufficient to ensure the dog cannot
escape from the fenced area.
58.
Upon service of the Interim Muzzle Order referred to in section 57 to this By-law,
the Owner shall immediately muzzle the dog in accordance with the Interim Muzzle
Order.
59.
The Interim Muzzle Order referred to in section 57 shall include:
(i)
a statement that the Licensing Officer or an Animal Control Officer has
reason to believe that the Owner's dog has bitten or attacked a person or
domestic animal;
(ii)
a requirement that the dog Owner muzzle the dog as permitted under
section 57 of this By-law;
(iii)
a statement that the Owner may request and is entitled to appeal the order
of the Licensing Officer or an Animal Control Officer to muzzle the dog to the
Appeal Committee;
Page 15 of 24 of By-law No. 090-2004
(v)
the deadline for filing any such appeal; and
(v)
the fee required to be paid to appeal the order in accordance with the
Town's User Fee By-law, as amended from time to time.
60.
An Owner may appeal the Interim Muzzle Order of the Licensing Officer or an
Animal Control Officer to the Appeal Committee. A request by the Owner for an
appeal hearing shall be made in writing and delivered to the Town Clerk within
fifteen (15) days of service of the Interim Muzzle Order referred to in section 57 of
this By-law. An Interim Muzzle Order that is not appealed within fifteen (15) days
shall be deemed to be confirmed.
61.
The Appeal Committee shall, if requested by the Owner in accordance with section
60 of this By-law, hold an appeal hearing to determine whether the dog has bitten
or attacked a person or a domestic animal and whether or not such dog shall be
exempted from the Interim Muzzle Order, the Interim Muzzle Order shall be
modified in some manner, and/or conditions be imposed in addition to the Interim
Muzzle Order.
62.
At least seven (7) days prior to holding the hearing referred to in section 61 of this
By-law, the Appeal Committee shall cause a notice of hearing to be served on the
Owner who has requested the hearing.
63.
The notice of hearing shall include:
(i)
a statement of the facts which lead the Licensing Officer or an Animal
Control Officer to believe that the Owner's dog has bitten or attacked a
person or domestic animal, along with a copy of any evidence;
(ii)
a statement setting out the time and place at which the Appeal Committee
will hold the appeal hearing; and
(iii)
a statement that if the Owner does not attend the hearing, the Appeal
Committee will proceed with the hearing in the absence of the Owner and
the Owner will not be entitled to any further notice of the proceedings.
64.
Notwithstanding that an Owner has appealed the Interim Muzzle Order, this does
not stay the order requiring the muzzling of the dog.
64.1 The Appeal Committee shall have regard to the following matters where relevant,
as may be raised at a hearing:
(i)
Animal Control By-law No. 090-2004, the Dog Owner's Liability Act and any
other applicable law; and
(ii)
the dog's past and/or present temperament and behaviour; and
Page 16 of 24 of By-law No. 090-2004
(iii)
the seriousness of the injuries caused by the bite(s) or attack; and
(iv)
unusual contributing circumstances tending to justify the dog's action; and
(v)
the likelihood that a similar attack will be repeated; and
(vi)
the dog's physical potential for inflicting harm; and
(vii)
precautions taken by the owner to preclude similar attacks in the future.
(Amended by By-law No. 088-2010)
65.
At the time and place set forth in the notice referred to in section 63 of this By-law,
the Owner and any other interested party, including the Licensing Officer or an
Animal Control Officer, shall present any relevant evidence and the Appeal
Committee shall consider the matters listed in section 64.1 of this By-law, and all of
the evidence and shall make a decision:
(i)
that the dog has bitten or attacked a person or domestic animal or has not
bitten or attacked a person or domestic animal; or
(ii)
to order the dog to be muzzled; or
(iii)
to modify an interim muzzle order in some manner; or
(iv)
to quash an order to muzzle a dog; and/or
(v)
to impose conditions in addition to any muzzle order.
(Amended by By-law No. 088-2010)
66.
Notice of the Appeal Committee's decision shall be served on the Owner, and the
Licensing Officer, and the decision shall be final and binding on the Owner and
shall supersede that of the Licensing Officer or an Animal Control Officer.
(Amended by By-law No. 088-2010)
67.
Nothing in Part 6 of this By-law, nor any decision of the Appeal Committee shall
preclude the court or other tribunal of competent jurisdiction from imposing a
Muzzle Order or other similar Order under any other applicable Regulation. The
Interim Muzzle Order shall terminate when the court or other tribunal of competent
jurisdiction makes a decision respecting the Interim Muzzle Order. (As amended by By
law No. 137-2008)
68.
The Owner shall comply with the decision of the Appeal Committee, or that of the
Licensing Officer or an Animal Control Officer if not appealed under Part 6 of the
By-law.
69.
Where a dog has been ordered to be muzzled under Part 6 of this By-law, a record
of the dog's identification, including the name of the Owner, will be recorded in a
register maintained by the Licensing Officer.
Page 17 of 24 of By-law No. 090-2004
70.
Every person who keeps a dog that requires muzzling pursuant to this By-law shall
immediately notify the Licensing Officer or an Animal Control Officer after he or she
has transferred ownership of the dog to any other person or jurisdiction, or has
begun to keep the dog at a new location.
PART 7 - OBSTRUCTION OF ANIMAL CONTROL OFFICER
71.
No person shall obstruct an Animal Control Officer in carrying out his or her duties
as described under this By-law.
PART 8 - PENALTY
72.
Any person who contravenes any provision of this By-law is, upon conviction, guilty
of an offence and shall be liable to a fine in accordance with the provisions of the
Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, and be subjected to
any other penalties permitted by law for each offence. Each day such violation
continues, shall constitute a separate offence and shall be punishable as such.
PART 9 - GENERAL
73.
In this By-law, words importing the singular include the plural and vice versa.
Words importing gender include both genders.
PART 10 - NOTICE
74.
Any notice required to be given under this By-law is sufficiently given if delivered
personally or sent by registered mail to an Applicant, Owner or other person at the
address provided by the Owner or such other address registered or provided to the
Town or otherwise known to the Town.
75.
Where service is effected by registered mail, it shall be deemed to be made on the
5th day after the date of mailing.
PART 11 - REPEAL OF BY-LAW
76.
Town of Milton By-law 70-95, as amended, is hereby repealed, except for the
provisions regulating the licensing and operating of Boarding or Breeding
Establishments/Kennels.
By-law 85-2004 is also hereby repealed. Upon the
adoption by Council of the Town's Business Licensing By-law, the provisions of By
law 70-95 regulating the licensing and operating of Boarding or Breeding
Establishments/Kennels shall be repealed.
PART 13 - EFFECT
77.
This By-law shall come into force on the day it is passed.
Page 18 of 24 of By-law No. 090-2004
READ A FIRST, SECOND AND THIRD TIME and FINALLY PASSED this 25th day of October,
2004.
_____________________________________Mayor
Gordon A. Krantz
_________________________________Town Clerk
Troy McHarg
Page 19 of 24 of By-law No. 090-2004
SCHEDULE "A" TO BY-LAW NO. 90-2004
Redemption Fees Payable to the Poundkeeper
Where an animal has been impounded for any reason, the redemption fees payable are
those fees established by the facility where the animal is located. (Amended by By-law No.
099-2013)
Page 20 of 24 of By-law No. 090-2004
SCHEDULE "B" TO BY-LAW NO. 90-2004 as amended by By-law 051-2006
Animals the Keeping of Which is Prohibited (Except
as Provided for in this By-law)
All snakes of the families Pythonidae and Biodae - examples: pythons, anacondas, boa
constrictors
All venomous and poisonous animals, including reptiles and arachnids
All snakes that reach an adult length longer than 3 metres (9.8')
All lizards that reach an adult length longer than 2 metres (6.5')
Anseriformes - examples: ducks, geese and swans
Artiodactylus - examples: deer, bison, domestic goats, sheep, pigs and cattle
Canids, except for the domestic dog - examples: wolves, jackals and foxes (including
hybrids)
Chiroptera - examples: bats such as fruit bats, myotis and flying foxes
Columbiformes - examples: pigeons and doves (As amended by By-law No. 051-2006)
Crocodilians - examples: alligators and crocodiles
Diurnal and Nocturnal Raptors - examples: eagles, hawks and owls
Edentates - examples: anteaters, sloths and armadillos
Elephants
Felids, except for the domestic cat - examples: lion, tiger, and leopard
Galliformes - examples: grouse, pheasant, peafowl (peacocks) and turkeys
Gallus Gallus - chickens
Hyenas
Non-Human Primates - examples: apes, monkeys, tarsiers and lemurs
Marsupials, except for sugar gliders derived from self-sustaining captive populations -
examples: kangaroos, opossums, and wombats
Page 21 of 24 of By-law No. 090-2004
Mustelids, except the domestic ferret - examples: skunks, weasels, and otters
Perissodactylus Ungulates - examples: horses, zebras
Pinnipeds - examples: seals, fur seals and walruses
Procyonids - examples: racoons, coatis and cacomistles
Ratite Birds - examples: ostriches, rheas, cassowaries
Rodentia, except for rodents that will not exceed 1,500 grams (3 pounds) and are derived
from self-sustaining captive populations - examples: prairie dogs, porcupines, squirrels,
beavers, chipmunks
Ursids - examples: bears
Viverrids - examples: mongooses, civets and genets
Page 22 of 24 of By-law No. 090-2004
SCHEDULE "C" TO BY-LAW NO. 90-2004
Registration Form for Non-Conforming Animals
DELETED PURSUANT TO BY-LAW NO. 137-2008
Page 23 of 24 of By-law No. 090-2004
__________________________________
__________________________________
________________________________________
SCHEDULE "D" TO BY-LAW NO. 90-2004
Town of Milton
INTERIM MUZZLE ORDER
OWNER:
__________________________________
(Name)
(Address)
(Phone Number)
BREED OF DOG: ________________________
NAME OF DOG: _______________________
I _______________________, Animal Control Officer for the Town of Milton have reason to
believe that on or about the _____ day of ___________, 20__, a
(breed of dog)
_________________
_____________ dog, belonging to
(Owner's name)
_________________________ did bite or attack a person or a
domestic animal in contravention of section 57 of By-law No. 90-2004.
As such, as the Owner, you are hereby ordered to muzzle the above-noted dog, except when the
dog is inside the premises of the Owner, securely tethered on the Owner's property so that the
dog is unable to leave the property, or restrained behind a fence on the Owner's property which is
sufficient to ensure the dog cannot escape from the fenced area.
The owner may appeal this Muzzle Order by making an appeal, in writing, to the Town Clerk within
fifteen (15) days of the owner receiving this notice. A notice that is not appealed within fifteen (15)
days is deemed to be confirmed. The fee to appeal this Muzzle Order is set out in the Town's
User Fee By-law, as amended from time to time.
Pursuant to the Dog Owner's Liability Act, R.S.O. 1990, c. D.16, as amended, the owner of a dog
is liable for damages resulting from a bite or attack by a dog on a person or domestic animal.
NOTE: Failure to comply with the requirements of By-law No. 90-2004 and this Interim
Muzzle Order may result in the owner of the dog being subject to a fine not exceeding
$5,000.00.
DATED THIS _________ day of ___________________, 20__.
Animal Control Officer/Provincial Offences Officer
Town of Milton, Clerk's Office
150 Mary Street
Milton, ON L9T 6Z5
(905) 878-7211
Page 24 of 24 of By-law No. 090-2004