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The Corporation of the
Town of New Tecumseth
By-law 2002-045
(Consolidated - as amended)
Dangerous Dog By-law
A by-law to provide for the muzzling of dogs
declared dangerous in the Town of New Tecumseth.
Consolidation
Amendment No. 6
By-law No. 2023-026
January 30, 2023
Amendment No. 5
By-law No. 2022-113
November 28, 2022
Amendment No. 4
By-law No. 2021-115
August 23, 2021
Amendment No. 3
By-law No. 2020-044
May 11, 2020
Amendment No. 2
By-law No. 2019-026
February 4, 2019
Amendment No. 1
By-law No. 2005-075
June 27, 2005
Disclaimer:
The following consolidation is an electronic reproduction made available for information only. It is not an official
version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or
altered. The Town of New Tecumseth does not warrant the accuracy of this electronic version.
This consolidation cannot be distributed or used for commercial purposes. It may be used for other purposes, only
if you repeat this disclaimer. Official versions of all By-laws can be obtained from the Town's Administration
Department by calling (705) 435-3900.
E&OE
The Corporation of the Town of
New Tecumseth
By-Law
Number 2002-45
"Dangerous Dog By-law"
A by-law to provide for the
muzzling of dogs declared dangerous in the
Town of New Tecumseth
____________________________________________
"Whereas Section 11(2) and (3) of the Municipal Act 2001 as amended authorizes the Council
of a municipality to pass by-laws with regard to animals and the health, safety and well-being
of persons;
And whereas Section 105, of the Municipal Act 2001 as amended authorizes Council of a
municipality to hold hearings for requiring the muzzling of a dog;
And whereas the Council of The Corporation of the Town of New Tecumseth deems it
advisable to enact such a by-law;
Now therefore the Corporation of the Town of the Town of New Tecumseth enacts as
follows:"
1.
Definitions
For the purpose of this by-law:
1.1
"Appeal Committee" shall mean two (2) Council Members and one (1) citizen
member of the Town of New Tecumseth.
1.2
"Bite" shall mean a puncture of the skin with teeth;
1.3
"Canine Control Officer" shall mean the Canine Control Officer for the Town
of New Tecumseth;
1.4
"Clerk" shall mean the Town Clerk for the Town of New Tecumseth
1.5
"Consent Order" shall mean an undertaking signed by the owner of a dog to
adhere to certain restrictions with respect to the methods to be used in
restraining his or her dog when it comes into contact with other persons or
domestic animals;
OFFICE CONSOLIDATION
Current to Amendment No. 6
By-law No. 2023-026, January 30, 2023
By-law No. 2002-045
Office Consolidation
Town of New Tecumseth
Dangerous Dog
1.6
"Dangerous Dog" shall mean any individual dog that:
1.6.1 Has killed a domestic animal without provocation while off the owner's
property; or
1.6.2 Has bitten or injured a human being or domestic animal without
provocation on public or private property; or
1.6.3 Is attack trained; or
1.6.4 Is kept for the purposes of security or protection, whether residential,
commercial or industrial, of a person's property; or
1.6.5 Shows the disposition or tendency to be threatening or aggressive; or
1.6.6 Has been declared dangerous in another municipality in Ontario.
1.7
"Domestic animal" shall mean any animal kept by a person as a pet;
1.8
"Microchip implant" shall mean an electronic device implanted under the skin
of a dog so that the animal can be identified at all times by local Authorities;
1.9
"Muzzle" shall mean a humane fastening or covering device of adequate
strength and design and suitable to the breed of the dog that fits over the
mouth of a dog and cannot be removed by the dog, to prevent a dog from
biting or attacking a person or domestic animal;
1.10
"Owner" shall mean a person who possess or harbours a dog and, where the
owner is a minor, the person responsible for the custody of the minor;
1.11
"Police work dog" shall mean a dog trained for and actually engaged in law
enforcement for the Police or other person duly appointed as a peace officer;
1.12
"Restrained" shall mean being kept inside a building or house or in an
enclosed pen of sufficient dimension and strength to be humane and to
prevent a dog from coming into contact with persons other than the owner of
the dog or any other domestic animal or within a securely fenced yard where
the fence is a minimum height of 1.83 metres. The enclosed pen or the
fenced yard shall be equipped with a locking device and self-latching device.
The self-latching device shall be designed in such a manner that the pen or
gate cannot be opened from the outside by a small child. The dog shall only
be transported from one location to another by means of a collar-type leash
and a muzzle as described in Subsection 1.9;
1.13
"Running at large" shall mean an animal that is not on the property of the
owner or not on a leash and/or under the control of a responsible person.
1.14
"Town" shall mean The Corporation of the Town of New Tecumseth.
Page 2 of 6
By-law No. 2002-045
Office Consolidation
Town of New Tecumseth
Dangerous Dog
2.
Declare Dangerous Dog
2.1
The Town shall be empowered to declare that a dog is dangerous if it exhibits
any one or more of the behaviours or characteristics set out in Section 1.6
above;
a)
on the basis of any statement given in the form attached as
Schedule "A" provided that the Declaration identifies the dog,
the dog owner and the dog owner's address;
or
b)
upon receipt of a signed Declaration attested to by the
Municipal Clerk where the dog has been declared dangerous
in another municipality.
3.
Notice to Muzzle
3.1
The Clerk shall, within two days of receipt of a duly executed Declaration,
deliver or send by registered mail a Notice to Muzzle, in the form attached
hereto as Schedule "B", to the owner of the dangerous dog requiring that the
dog be muzzled and restrained pursuant to the provisions of this by-law.
4.
Appeal Notice to Muzzle and/or Dangerous Dog Declaration
4.1
"Where a dog has been declared dangerous by the Town, pursuant to
the provisions of this by-law, the owner of the dog may apply for a
hearing in respect of such Notice to Muzzle and/or Dangerous Dog
Declaration".
4.2
"An Application requesting a hearing to appeal the Notice to Muzzle
and/or the Dangerous Dog Declaration under Subsection 4.1 shall be
made in writing and delivered to the Clerk. The application shall state
the reason(s) for the appeal and shall be filed with the appeal fee in
accordance with Town's Fees and Charges By-law as amended within
thirty (30) days after the Notice to Muzzle and/or Dangerous Dog
Declaration has been served."
5.
Appeal Committee Hearing
All Members may participate electronically and be counted as quorum when a
declaration of emergency has been declared by the Province of Ontario or the Town
of New Tecumseth.
Page 3 of 6
By-law No. 2002-045
Office Consolidation
Town of New Tecumseth
Dangerous Dog
5.1
Upon receipt of the Application for a Hearing and payment of the required
hearing fee as set out in the Town's Fees and Charges By-law from an owner
of the alleged dangerous dog, the Clerk shall convene a meeting of the
Appeal Committee and shall give the owner of the dog and the person who
saw the alleged dangerous dog bite a person or a domestic animal, (7) days
written notice by personal service or registered mail of the time, date and
location of the hearing.
5.2
The Applicant and any other interested person may appear at the hearing
and present oral or written evidence relating to the dog.
5.3
When the owner of the dog does not attend at the proper time and place, the
Appeal Committee may proceed with the hearing in his or her absence and
the applicant shall not be entitled to any further notice of the proceeding.
5.4
The Appeal Committee shall deliberate the merits of the evidence presented
and shall render its decision at the meeting or shall reserve its decision to be
presented later, which shall not be later than ten (10) days following the date
of the hearing.
6.
Appeal Committee Decision
6.1
The decision of the Appeal Committee is final and binding.
6.2
The Appeal Committee may confirm or set aside the Notice to Muzzle
and/or the Dangerous Dog Declaration or exempt the owner of the dog
from any of the muzzling, restraining or leashing requirements, or
impose additional requirements, or all, or may dispose of appeal by
Consent Order.
6.3
The Notice of the hearing or any matter which arises relating to the
proceedings of the Appeal Committee not covered in the provisions of this by-
law shall be governed by the Statutory Powers and Procedures Act.
7.
Effective Date of Notice to Muzzle
7.1
Notwithstanding that an Applicant has applied for a hearing to appeal the
Notice to Muzzle, the Notice to Muzzle takes effect when it is served on the
person to whom it is directed and remains in effect until the Appeal
Committee has made its decision on the appeal.
8.
Notice of Appeal Commttee Decision
8.1
A written copy of the decision of the Appeal Committee, pursuant to
Subsection 5.4 or the Consent Order, pursuant to Subsection 6.2, shall be
prepared, as soon as is practicable after the conclusion of the hearing, and
shall be delivered or mailed by ordinary mail to the Applicant at the address
shown on his or her Application, the Defendant, Nottawasaga O.P.P., the
Simcoe County District Health Unit, Canine Control Officer, By-Law
Enforcement Officer, Members of Council, Appeal Committee Members and
the Clerk.
Page 4 of 6
By-law No. 2002-045
Office Consolidation
Town of New Tecumseth
Dangerous Dog
9.
Responsibility of Owner of Dangerous Dog
9.1
The owner of a dog, upon being served with a Notice to Muzzle or, on an
appeal, which has been confirmed to be dangerous by the Appeal
Committee, shall ensure that:
9.1.1 the dog is licensed with the municipality as a dangerous dog in
accordance with the Canine Control By-Law and that a policy of
liability insurance, satisfactory to the municipality, is in force 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 policy shall contain a provision requiring
the Town to be named as an additional insured for the sole purpose of
the Town to be notified by the insurance company of any cancellation,
termination or expiration of the policy.
9.1.2 the dog is not permitted to run at large within the Town of New
Tecumseth;
9.1.3 when the dog is on the property of the owner it is restrained at all
times in accordance with Subsection 1.12;
9.1.4 when the dog is off the property of the owner:
a)
it is securely on a collar-type leash with a maximum length
of 1 metre and of sufficient strength to restrain the dog and
keep it from chasing a person or domestic animal;
b)
it is muzzled; and
c)
it is under the control of a person sixteen (16) years of age
or older.
9.1.5 within thirty (30) days after the date of the issuance of the Notice to
Muzzle, or on appeal, the date of the Committee's decision, the dog is
identified with a microchip implantation, at the owner's expense, and
the said microchip number is registered with the Clerk;
9.1.6 the Canine Control Officer is notified within forty-eight (48) hours of
any changes to the residency of the dangerous dog.
9.1.7 the Canine Control Officer is notified within forty-eight (48) hours after
the ownership of the dangerous dog is transferred to another person.
9.1.8 the Canine Control Officer is notified should the dangerous dog be
destroyed.
10.
Exemption
10.1
This by-law shall not apply to a Police Work Dog.
11.
Penalty
11.1
Every person who contravenes any of the provisions of this by-law is guilty of
an offence, and upon conviction, is liable to a fine as prescribed pursuant to
the Provincial Offences Act.
Page 5 of 6
By-law No. 2002-045
Office Consolidation
Town of New Tecumseth
Dangerous Dog
12.
Voluntary Payment
12.1
First Offence
Notwithstanding all other provisions of this by-law in respect of penalties for
violations, any person may, upon presentation of a violation tag issued
alleging commission of a first offence under this by-law, pay out of court at
the Administration Centre of the Town of New Tecumseth, in person or by
mail, within fifteen (15) days from the date of the said tag, a penalty of a set
fine of $500.00 dollars for the first offence and upon such payment no
further proceedings shall be taken under this by-law in respect of the said
offence alleged in the violation tag.
12.2
Second Offence
Notwithstanding Section 12.1 of this by-law, any person issued a violation
tag alleging commission of a second offence under this by-law may, upon
presentation of a violation tag issued under this by-law, pay out of court at
the Administration Centre of the Town of New Tecumseth, in person or by
mail, within fifteen (15) days from the date of the said tag, a penalty of a set
fine of $1,000.00 dollars and upon such payment no further proceedings
shall be taken under this by-law in respect of the said offence alleged in the
violation tag.
13.
Severability
13.1 Should any section, subsection, clause, paragraph or provision of this
bylaw be declared by a court of competent jurisdiction to be ultra vires, invalid
or illegal for any reason, the same shall not affect the validity of the by-law as
a whole.
14.
Citing
14.1
This by-law shall be cited as the "Dangerous Dogs By-Law".
15.
Effective Date
15.1
This by-law shall come into force and take effect on the day of final passing
thereof.
Read a first, second and third time and finally passed this 25th day of March 2002.
_______________________________
Mayor
_______________________________
Clerk
Page 6 of 6
Schedule "A"
Declaration Regarding a Dangerous Dog
Name of Owner of Dog:
Address:
Name of Dog:
Dog Tag Number:
Year of Issue:
Description of Dog:
Breed:
Colour:
Other:
Rabies Tag Number:
Date of Issue:
Issuing Agent:
Other Identification:
Location of Incident:
Location on Property:
Location on Street:
Description of Incident:
Date of Incident:
Time of Incident:
Signature of Witness
Date:
Canine Control Officer
Name of Witness (please print):
Address:
Telephone Number: Email:
Collection Notice: The personal information collected on this form is collected
under the authority of the Municipal Freedom of Information and Protection of
Privacy Act (MFIPPA). This information will be used for the purposes of enforcing
the Town's By-law. Questions about this collection of information should be
directed to the Clerk of the Town of New Tecumseth, (705) 435-3900 or (905) 729-
0057, email - [email protected].
Schedule "B"
Notice To Muzzle
Name of Owner/Harbourer of Dog:
Date:
Address:
Phone: Email:
Description of Dog:
Name:
Breed:
Colour:
Dog Tag No.:
Year of Dog Tag:
Rabies Tag No.:
Year of Issue:
Issuing Agent:
Tattoo No.:
Microchip No.:
The Corporation of the Town of New Tecumseth is in receipt of a Declaration duly
executed by the Canine Control Officer pursuant to Subsection 2.1 of By-Law 2002-
45, that the dog described above did on the day of ,
bite or injure a person or injure or kill a domestic animal. In accordance with
Subsection 3.1 of By-Law 2002-45, you are hereby ordered to restrain your dog as
follows:
Method of Restraining Dog
1. While the dog is on the property of the owner/harbourer as described above,
the owner/harbourer shall be responsible for restraining the dog by keeping
it inside a building or house or in an enclosed pen of sufficient dimension
and strength to be humane and to prevent a dog from coming into contact
with persons other than the owner/harbourer of the dog or any other
domestic animal or within a securely fenced yard where the fence is a
minimum height of 1.83 metres. The enclosed pen or the fenced yard shall
be equipped with a locking device and self-latching device. Such self-
latching device to be designed in such a manner that the pen or gate cannot
be opened from the outside by a small child. The owner/harbourer is
responsible for ensuring that the dog is prevented from escaping and
running at large.
2. While the dog is off the property of the owner/harbourer, as described
above, the owner/harbourer shall ensure:
A. that it is securely on a collar type leash with a maximum length of 1
metre and of sufficient strength to restrain the dog and keep it from
chasing a person or domestic animal, and
B. a muzzle is fastened humanely over the mouth of the dog of adequate
strength and design and suitable to the breed of the dog and cannot
be removed by the dog to prevent the dog from biting or attacking a
person or domestic animal, and
C. it is under the control of a person sixteen (16) years of age or older.
In addition to the foregoing, you are hereby ordered to ensure that within thirty (30)
days of the date of this Notice that the dog is identified with a microchip
implantation, at your expense, and the said microchip number is registered with the
Clerk of the Town of New Tecumseth.
It is the responsibility of the owner/harbourer of a dangerous dog to notify the
Canine Control Officer within 48 hours of any changes to the residency of the
dangerous dog, or the ownership of the dangerous dog is transferred to another
person; or the dangerous dog is destroyed.
In accordance with Section 4 of By-law 2002-45, you may appeal this Notice to
Muzzle within thirty (30) days of the date of this Notice by submitting an Application
for a Hearing form, with the appropriate fee, to Clerk/Director of Administration, c/o
By-law Enforcement at the Town of New Tecumseth, 24 Tupper Street West,
Alliston, Ontario L9R 1H2, (705) 435-3900 or (905) 729-0057, email - by-
[email protected].
Collection Notice: The personal information collected on this form is collected
under the authority of the Municipal Freedom of Information and Protection of
Privacy Act (MFIPPA). This information will be used for the purposes of enforcing
the Town's By-law. Questions about this collection of information should be
directed to the Clerk of the Town of New Tecumseth, (705) 435-3900 or (905) 729-
0057, email - [email protected].
This Notice is served upon the owner/harbourer in accordance with
Subsection 3.1 of By-law 2002-45 on this day of , 202 .
Canine Control Officer