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THE CORPORATION OF THE TOWNSHIP OF O'CONNOR
BY-LAW NUMBER 2024-05
1
Being a By-law for Regulating the Running at Large and Controlling of Dogs within the
Corporation of the Township of O'Connor, and to repeal By-law Number 2023-31 and all
By-laws amending By-law Number 2006-04 .
WHEREAS pursuant to Sections 9 and 11 of the Municipal Act, 2001, S.D. 2001, c.25, as
amended (the "Municipal Act, 2001"), authorizes a single tier municipality to pass by-laws
respecting animals;
AND WHEREAS Section 103 (1)(a), of the said Municipal Act, 2001, confers the power to
regulate or prohibit dogs from being at large or trespassing and for the seizure and
impoundment of animals being at large or trespassing contrary to the By-law;
AND WHEREAS Section 103 (1)(b), of the said Municipal Act, 2001, provides for the sale of
impounded animals (i) if they are not claimed within a reasonable time. (ii) if the expenses of
the municipality respecting the impounding of animals are not paid, or (iii) at such time and in
such manner as is provided in the By-law;
AND WHEREAS Section 391 (1)(a), of the said Municipal Act, 2001, enables a municipality to
pass a by-law imposing fees or charges for services or activities provided or done by or on
behalf of it;
AND WHEREAS Section 426 (1), of the said Municipal Act, 2001, states that no person shall
hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or
performing a duty contrary to the By-law;
AND WHEREAS Section 436 (1), of the said Municipal Act, 2001, a municipality has the power
to pass by-laws providing that the municipality may enter on land at any reasonable time for
the purpose of carrying out an inspection to determine whether or not the By-law is being
complied with;
AND WHEREAS Section 436 (2)(c), of the said Municipal Act, 2001, states that By-laws
passed under Section 436 (1) may provide that for the purposes of an inspection the
municipality may require information from any person concerning a matter related to the
inspection,
AND WHEREAS Section 436 (2)(d), of the said Municipal Act, 2001, states that By-laws
passed under Section 436 (1) may provide that for the purposes of an inspection the
municipality may alone, or in conjunction with a person possessing special or expert
knowledge, take photographs that are necessary for the purposes of the inspection.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
O'CONNOR ENACTS AS FOLLOWS:
1.
DEFINITION:
THE CORPORATION OF THE TOWNSHIP OF O'CONNOR
BY-LAW NUMBER 2024-05
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"ATTACK" - Means physical contact, other than accidental contact, by a Dog
resulting in bleeding, bone breakage, bruising, a scratch, or a sprain to a Person or
animal, as well as damage to clothing worn by a Person. The words "Attacked" or
"Attacking" have corresponding meaning.
"BITE" - Means a wound or wounds to the skin that causes it to puncture or break,
which are caused by the teeth of a Dog.
"COMPETENT" - Having the skills or knowledge to do something well enough to
meet a basic standard.
"CONFINE" - Means to keep stationary by means of confinement in a cage or other
quarters, or by means of being Secured.
"COUNCIL" - Means the Council of The Corporation of the Township of O'Connor.
"DANGEROUS ACT" - Any Bite, Attack, act of menacing behaviour or any
combination of a Bite, Attack, or act of menacing behaviour.
"DOG" - Means a domesticated canine, male or female.
"HERDING DOG" - Means a dog that has been trained and is actively being used in
a bona fide farming operation for the purposes of controlling livestock on the farm.
"KEEP" - Means to have temporary or permanent control or possession of a Dog.
The words "Kept" or "Keeping" have corresponding meaning.
"LEASH" - Means a restraint held by a Person and used to restrain a Dog.
"LIVESTOCK GUARDIAN DOG" - A Dog that works and/or lives with domestic farm
animals (ie. cattle, sheep, poultry) to protect them while repelling predators and is
used exclusively for that purpose.
"MUZZLE" - Means a humane fastening or covering device of adequate strength
placed over the mouth of a Dog to prevent it from Biting a Person or animal. The
words "Muzzled" or "Muzzling" have corresponding meaning.
"OFFICER" - Means a Person appointed by the Council of The Corporation of the
Township of O'Connor as a Municipal By-law Enforcement Officer, and/or a Dog
Control Officer.
"OWNER" - Means any Person who possesses, harbours, or keeps a Dog(s), and
where the Owner is a minor, the Person responsible for the custody of the minor,
and includes a Person who is temporarily the Keeper or in control of the Dog. The
word "Owns" has corresponding meaning.
THE CORPORATION OF THE TOWNSHIP OF O'CONNOR
BY-LAW NUMBER 2024-05
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"PERSON" - Includes an individual, corporation, association, or any other
non-incorporated entity.
"RUNNING AT LARGE" - For the purposes of this By-law, a Dog is Running at
Large when it is:
i.
Found in any place other than the property of the Owner of the Dog; and
ii.
It is not under the control of any Person.
A Dog is not considered to be Running at Large when:
i.
It is on its Owner's property,
ii.
It is demonstrated to be under the control of a Person,
iii.
It is a Livestock Guardian Dog or Herding Dog and is on their own leased or
owned property.
"SECURE" - Means to tether, fasten, or tie down. "Secured" has corresponding
meaning.
"TOWNSHIP" - Means The Corporation of the Township of O'Connor or the
geographic area of the Township of O'Connor.
"WITHOUT PROVOCATION" - When used to reference a Dangerous Act on a
Person or animal, means in the absence of any abuse, assault, teasing, tormenting,
or unwanted physical contact by the Person or animal who sustained the Dangerous
Act.
2. INTERPRETATION:
ACTING DIRECTLY OR INDIRECTLY - Where this By-law prohibits an action, or
requires a Person to undertake an action, the prohibition or requirement applies both
directly and indirectly. This means that a Person prohibited from doing something is
also prohibited from causing, allowing, or permitting that action to be done. Likewise,
a Person may fulfil the requirements of this By-law to undertake a particular action by
causing, allowing, or permitting the action to be undertaken.
CHANGES OVER TIME - If a Person is referred to in this By-law by virtue of an
office held, or an organization is referred to in this By-law by a name, and the title of
the office or the name of the organization changes, the By-law text is deemed to
continue to refer to the holder of the title (as changed) or the particular organization
(as re-named).
CITING LEGISLATION AND BY-LAWS - When provincial legislation is cited in this
By-law using a date within the title to the legislation, the reference is to the Statutes
of Ontario for that particular year. Where the title does not have a date in it, the
reference is to the Revised Statutes of Ontario, 1990. In both cases, the term refers
to the legislation as amended from time to time and includes successor legislation.
Where another by-law is cited by number in this By-law, the reference is to the by-law
THE CORPORATION OF THE TOWNSHIP OF O'CONNOR
BY-LAW NUMBER 2024-05
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of the Corporation which has that number. The reference includes that by-law, as
amended from time to time, including any successor by-laws.
CONFLICTS WITH OTHER BY-LAWS - In the event of any conflict between this
By-law and any other by-law passed by the Corporation, the more restrictive
provision prevails unless applicable law requires otherwise.
NOUNS - Reference to any noun is considered to reference all or any part of that
item. For example, reference to a "Cage" should be interpreted as reference to "all or
any portion of a Cage."
SEVERABILITY - If any portion of this policy is considered by a court or tribunal of
competent jurisdiction to be unenforceable or void, that ruling will not apply to the
balance of the policy, which shall be considered to remain in full force and effect.
TEXT ORGANIZATION - The organization of this By-law into sections or paragraphs,
and the use of headings, is intended to assist readers, and is not intended to imply
any particular interpretation.
3. RESPONSIBLE DOG OWNER PROVISIONS:
3.1 DISTURBANCES PROHIBITED: No Owner shall allow a Dog to make
persistent noise by barking, calling, howling, yelping, whining, or making other
sounds. Livestock Guardian Dogs are exempt from barking restrictions if actively
engaged in guarding livestock against predators as per Section 5(1) of the Farming
and Food Production Protection Act, 1998 SO 1998.
3.2 PROHIBITION AGAINST DOGS RUNNING AT LARGE: No Person shall allow a
Dog to be Running At Large.
3.3 PROHIBITION AGAINST DOGS ENGAGING IN DANGEROUS ACTS: Every
Owner of a Dog shall exercise reasonable precautions to prevent the Dog from
engaging in a Dangerous Act.
3.4 PROHIBITION AGAINST DOGS OFF LEASH ON MUNICIPAL GROUNDS: No
Person shall allow a Dog to be off Leash on Municipal grounds within the Township,
unless previously authorized by the Township Staff.
4. ENFORCEMENT AND PENALTIES:
4.1 IF THE OWNER OF A DOG RUNNING AT LARGE IS UNKNOWN OR CANNOT
BE FOUND: The Township of O'Connor shall make reasonable effort to locate the
Owner of any Dog found Running At Large. If the Owner of the Dog is unknown or
cannot be found, the Township of O'Connor will bring the Dog to the animal services
centre in the City of Thunder Bay and procedure will be followed as per the Township
Policy for Dogs Running At Large.
THE CORPORATION OF THE TOWNSHIP OF O'CONNOR
BY-LAW NUMBER 2024-05
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4.2 IF A DOG HAS ENGAGED IN A DANGEROUS ACT AGAINST A PERSON OR
ANIMAL: Where an Officer becomes aware, either through his or her own
investigation or as a result of information received by him or her from any source, that
a Dog has Bitten, Attacked or engaged in a menacing act against a Person or animal
Without Provocation, the Officer may issue an Order to Comply to the Owner and
require the Owner to comply with the requirements set out in Section 4.6 of this
By-law within the time stipulated in said Order to Comply, and the Dog shall
thereafter be deemed to be a Dangerous Dog.
4.3 AUTHORIZATION TO ENTER PROPERTY: The Clerk-Treasurer, an Officer, or
any Person acting under those persons, may at reasonable times, enter onto private
property that is not a building used for human habitation for the purpose of carrying
out an inspection to determine if this By-law is being complied with. The Person so
authorized shall produce identification of him or her-self as authorized to carry out
enforcement of this By-law. Entry into a residence is permitted only with consent of
the occupant of the dwelling, after that Person has been provided with identification of
the authorized Person and advised of the purpose for the entry. Occupants are not
required to consent to entry to a building used for a residential dwelling.
4.4 ENFORCEMENT: This By-law may be enforced by an Officer, or by way of
private information sworn in accordance with the Provincial Offences Act. Where an
Officer has reason to believe that a Dog has been Running At Large or has engaged
in a Dangerous Act against a Person or animal, an Officer may:
4.4.1 Impound any Dog found Running At Large.
4.4.2 Where the Dangerous Act is the first on record with the Township, serve
the Owner with a written warning.
4.4.3 Where the Dangerous Act is the second or subsequent Dangerous Act on
record with the Township, determine the Dog to be a Dangerous Dog and serve
the Owner of the Dog with an Order to Comply under Subsection 4.6.
4.4.4 Despite Subsection 4.4.2, if it is the Officer's opinion that the Dangerous
Act is severe, determine the Dog to be a Dangerous Dog and serve the Owner of
the Dog with an Order to Comply with the requirements for Owners of a
Dangerous Dog under Subsection 4.6.
4.5 OBSTRUCTING ENFORCEMENT: No Person shall hinder or obstruct, or
attempt to hinder or obstruct, any person exercising any power authorized by Section
4.4.
4.6 DANGEROUS DOG REQUIREMENTS; ORDER TO COMPLY: Where an Owner
is served with a Dangerous Dog Order to Comply pursuant to Subsection 3.4 and 4.6,
THE CORPORATION OF THE TOWNSHIP OF O'CONNOR
BY-LAW NUMBER 2024-05
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the Owner shall, at the Owners' expense and for the life of the Dangerous Dog,
ensure that:
4.6.1 While the Dangerous Dog is not in the Owner's dwelling, but is otherwise
within the boundaries of the Owner's premises, ensure that the Dangerous Dog
wears a Muzzle and ensure that:
i.
The Dog is Secure; and
ii.
The Dog is contained within an area enclosed by a fence of an
appropriate height for the breed of Dog, or an area enclosed by other
means such that the Dog cannot come into contact with any other Person
or animal; and
4.6.2 While the Dangerous Dog is not within the boundaries of the Owner's
premises, Keep the Dangerous Dog:
i.
Muzzled; and
ii.
Under the control a Competent Person capable of handling the Dog who is
eighteen (18) years of age or older; and
iii.
On a Leash that does not exceed four (4) feet in length.
4.6.3 A warning sign is posted on the Owners' private property in the form and
location required by the Officer.
4.6.4 The Dangerous Dog receives training in the form required by the Officer
within 90 days of the Order to Comply being served on the Owner and providing
proof of compliance to the satisfaction of the Officer within 14 days of achieving
compliance.
4.6.5 Immediately notify the Township of the following:
i.
Any change in Ownership or residence of the Dangerous Dog and provide
the name, current address, and telephone number of the new Owner or
residence; or
ii.
If the Dangerous Dog Runs At Large or engages in a Dangerous Act; or
iii.
If the Dangerous Dog dies.
4.7 DOG ACTING IN SELF DEFENCE:
4.7.1 Prior to the determination that a Dog is a Dangerous Dog, the Officer shall
have regard to whether the Dog was acting in self-defense at the time the
Dangerous Act occurred.
4.7.2 Despite Subsections 4.4.2, 4.4.3 and 4.4.4, where an Officer concludes
that the Dog was acting in self-defense at the time the Dangerous Act occurred,
the Officer may determine that the Dog is not a Dangerous Dog and may
determine that no Order to Comply shall be issued.
4.7.3 Where an Officer has concluded that a Dog was acting in self-defense and
elected not to issue an Order to Comply under Subsection 4.7.2, that Dangerous
THE CORPORATION OF THE TOWNSHIP OF O'CONNOR
BY-LAW NUMBER 2024-05
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Act will not be counted when determining if a subsequent Dangerous Act is the
second or subsequent on record with the Township under Subsection 4.4.4.
4.8 PENALTIES: Every Person who commits an offence pursuant to this By-law
shall be liable, upon conviction, to the penalties prescribed as per the Provincial
Offences Act.
A request by the Owner for appeal under this section shall be made in writing,
and delivered to the Clerk-Treasurer for the Township within fifteen (15) days of the
Owner receiving the Order to Comply. This Section shall not apply if the Order to
Comply has been rescinded.
5. GENERAL PROVISIONS:
5.1 OTHER PROVINCIAL LAWS: Notwithstanding anything in this By-law, Dog
Owners are subject to the Dog Owners' Liability Act, the Protection of
Livestock and Poultry Act, the Farming and Food Production Protection Act,
the Provincial Offences Act, the Municipal Act, and any other applicable
legislation.
6. By-law Number 2023-31, passed August 14, 2023, being a By-law for
Regulating the Running At Large and Controlling of Dogs within The
Corporation of The Township of O'Connor is hereby deleted and replaced.
7. This By-law shall come into force and take effect upon the final passing thereof.
Read a First, Second and a Third Time and Passed this 26th day of February 2024.
The Corporation of the
Township of O'Connor
__J. Vezina_____________
Mayor
__Lorna Buob___________
Clerk-Treasurer
THE CORPORATION OF THE TOWNSHIP OF O'CONNOR
BY-LAW NUMBER 2024-05
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The Corporation of The Township of O'Connor
Part 1 Provincial Offences Act
By-law Number 2024-05: Regulating the Running At Large and Controlling of Dogs within The
Corporation of The Township of O'Connor
Item
Short Form Wording
Provision Creating
or Defining Offence
Set Fine
1
Allow Dog to Run At Large
Section 3.2
$ 150.00
2
Allow Dog to engage in Dangerous
Act
Section 3.3
$ 150.00
3
Allow Dog off-leash on Municipal
Grounds
Section 3.4
$ 150.00
4
Obstruct or interfere with an Officer
enforcing By-law Number 2024-05
Section 4.5
$ 150.00
Note: The penalty provision for the offences indicated above is Section 4.4 of By-law Number
2024-05, a certified copy of which has been filed.
The above-noted Short Form Wordings and Set Fines were approved by The Township of
O'Connor Council on February 26, 2024.