This is the exact embedded text of the captured official document.
Snapshot 5a862b35822c · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
By-law No. 2024-113
Dog By-law
Part I. Short Title, Purpose and Scope .................................................. 3
Short Title .................................................................................................... 3
Purpose ........................................................................................................ 3
Scope .......................................................................................................... 3
Part II. Interpretation ........................................................................ 4
Headings ...................................................................................................... 4
Gender and Number ....................................................................................... 4
References to Applicable Law ........................................................................... 4
Severability................................................................................................... 4
Definitions .................................................................................................... 4
Part III. Administration and Delegation ................................................ 6
Administration ............................................................................................... 6
Delegation .................................................................................................... 7
Part IV. Licensing .............................................................................. 7
Licence required ............................................................................................ 7
Tag required ................................................................................................. 7
Licence application and renewal ....................................................................... 8
Fee reductions and exceptions ......................................................................... 8
Refusal to issue licence ................................................................................... 8
Issue of licence and provision of tag.................................................................. 9
Expiry of licence ............................................................................................ 9
Revocation .................................................................................................... 9
Replace lost tag ............................................................................................. 9
Change in information .................................................................................... 9
Number of dogs ........................................................................................... 10
Part V. Control of Dogs ...................................................................... 10
At large ...................................................................................................... 10
Not at large ................................................................................................ 10
Barking, etc. ............................................................................................... 10
Part VI. Care of dogs ......................................................................... 10
Tethers ...................................................................................................... 10
Removal of excrement .................................................................................. 10
Dog used to attack or menace ........................................................................ 11
Responsibilities of public ............................................................................... 11
Part VII. Leash, Muzzle, Dangerous Dog .............................................. 11
Investigations ............................................................................................. 11
Warning signs ............................................................................................. 12
Control of dangerous dog .............................................................................. 12
Insurance and administration requirements ...................................................... 13
Application to hearing committee.................................................................... 14
Hearing ...................................................................................................... 14
Service of notices ........................................................................................ 14
Part VIII. Seize and impound ............................................................. 15
Reclamation period ...................................................................................... 15
Euthanizing ................................................................................................. 15
Care during reclamation period ...................................................................... 15
Redemption ................................................................................................ 16
Failure to reclaim ......................................................................................... 16
Protective care ............................................................................................ 16
Collecting impound fees, board fees, veterinary costs ........................................ 16
Owner - no right to compensation .................................................................. 16
Part IX. Enforcement ......................................................................... 17
Enforcement ............................................................................................... 17
No obstruction ............................................................................................. 17
Offence ...................................................................................................... 17
Order to comply........................................................................................... 17
Service of orders ......................................................................................... 17
Comply with orders ...................................................................................... 18
Remediation by City ..................................................................................... 18
Attendance fee ............................................................................................ 18
Prohibition order .......................................................................................... 18
Collection of fees and charges ........................................................................ 18
Part X. Confidential Information ......................................................... 19
Personal information .................................................................................... 19
Disclosure ................................................................................................... 19
Exempt information ...................................................................................... 19
Part XI. Repeal and Effective Date ...................................................... 19
Repeal ....................................................................................................... 19
Effective date .............................................................................................. 19
Consolidated Version
Revised May 27, 2025
Revision History:
Passed On:
Description of
amendment
2024-113
October 7, 2024
original
2025-057
May 26, 2025
Add leash and muzzle
orders, amend
dangerous dog
provisions
Consolidated for Convenience Only
This is a consolidation copy of a City of Owen Sound By-law for convenience and information.
While every effort is made to ensure the accuracy of this by-law, it is not an official version or a
legal document. The original by-law should be consulted for all interpretations and applications
on this subject. For more information or to view by-laws please contact the Clerks Department.
The Corporation of the City of Owen Sound
By-law No. 2024-113
A By-law to licence, regulate and control dogs within
the City of Owen Sound and to repeal By-law No. 2011-156
WHEREAS section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 (the "Municipal
Act") authorizes the council of a lower-tier municipality to pass by-laws
regulating animals; and
WHEREAS section 103 of the Municipal Act authorizes a municipality to seize and
impound an animal at large or trespassing and to sell impounded animals; and
WHEREAS section 105 of the Municipal Act requires that the council of a
municipality that requires the muzzling of dogs in any circumstance to afford dog
owners hearings with respect to muzzle orders; and
WHEREAS section 23.1 of the Municipal Act authorizes a municipality to delegate
its powers and duties subject to certain restrictions; and
WHEREAS section 23.2 of the Municipal Act allows a delegation of authority for
quasi-judicial powers under the Municipal Act to a body having at least two
members of whom at least 50 per cent (50%) are individuals appointed by its
council;
WHEREAS the Municipal Act further authorizes a municipality amongst other
things, to impose fees or charges, to provide for inspections, and to make orders
to discontinue activity or to do work; and
WHEREAS on September 23, 2024, the Council of The Corporation of Owen
Sound passed Resolution No. R-240923-008 directing staff to bring forward the
subject by-law for approval and to repeal By-law No. 2011-156, in consideration
of staff report CR-24-097 presented to the Corporate Services Committee on
September 9, 2024;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF OWEN
SOUND HEREBY ENACTS AS FOLLOWS:
Part I. Short Title, Purpose and Scope
Short Title
1.
This by-law may be referred to as the "Dog By-law" and when so
referenced includes all future amendments, unless otherwise specified.
Purpose
2.
This by-law has been enacted to:
a.
provide for the control of and care of dogs; and
b.
protect the health and well-being of the public.
Scope
3.
This by-law:
a.
applies to all residents and visitors to the City; and
b.
does not apply to the premises of an animal shelter.
PAGE 4
BY-LAW NO. 2024-113
Part II. Interpretation
Headings
4.
The division of this by-law into parts and the insertion of headings are for
convenient reference only and do not affect the interpretation of the by-
law.
Gender and Number
5.
In this by-law, unless the contrary intention is indicated, words used in the
singular include the plural and words imparting a gender include all
genders, where applicable.
References to Applicable Law
6.
All references to applicable law are ambulatory and apply as amended,
extended or re-enacted from time to time.
Severability
7.
In the event any provisions of this by-law are deemed invalid or void, in
whole or in part, by any court of competent jurisdiction, the remaining
terms and provisions will remain in full force and effect.
Definitions
8.
For the purposes of this by-law:
"adopt" means, in relation to a dog, to legally take ownership of a dog for
a fee;
"animal" means any mammal, bird or reptile, other than a dog or cat;
"animal shelter" means a premises and facilities that are operated by or
under the direction of the City and used for the confinement, maintenance
or disposal of domestic animals, including dogs, that have been impounded
pursuant to this By-law;
"at large" means a dog that is:
a.
not within the dwelling unit of or on the premises of its owner or
within the dwelling unit or on premises of another person with the
consent of that person; and
b.
not on a leash and under the effect control of a person who has the
strength and capacity to securely control the dog so as to not permit
or allow unwanted contact with another person or a domestic animal;
"attack" means aggressive behaviour that is initiated by the dog with the
intent to do harm, resulting in unwanted physical contact that causes
injury to a person or domestic animal, such as bleeding, bone breakage,
sprains, serious bruising, multiple injuries, or damage to clothing;
"bite" means the breaking, puncturing of the skin of a person or domestic
animal caused by the tooth or teeth of a dog and "biting" has a similar
meaning;
"business day" means Monday to Friday, except for a statutory or civic
holiday;
"cat" means a male or female feline of any breed of domesticated cat or
crossbreed of domesticated cat;
"City" means The Corporation of the City of Owen Sound or the
geographical location as the context requires;
PAGE 5
BY-LAW NO. 2024-113
"dangerous dog" means a dog that, without justification, has attacked or
bitten a person or significantly injured or killed another domestic animal,
caused significant public property damage or significant damage to
property owned by third parties, or behaves in a manner that a reasonable
person would believe poses an unjustified imminent threat of serious injury
or death to one or more persons or domestic animals and where the
conditions in this by-law excusing a dangerous dog do not exist;
"dispose" means, in relation to a dog, to transfer a dog to the control of
another, with or without a fee;
"dog" means a male or female canine of any breed of domesticated canine
or crossbreed of a domesticated canine;
"domestic animal" means a dog, cat, or similar animal kept as a pet which
is generally understood to be domesticated and is typically kept indoors at
a dwelling unit;
"dwelling unit" means a room or group of rooms designed, occupied or
intended to be occupied as a single housekeeping unit, for one or more
persons, providing kitchen and sanitary facilities and sleeping
accommodations for the exclusive use of the occupants;
"euthanasia" means to humanely hasten the end of life;
"guide dog" means a guide dog as defined in section 1 of the Blind
Persons' Rights Act;
"harbour" means to provide food or shelter to a dog;
"hearing committee" means the quasi-judicial City committee whose
members are appointed by by-law and are delegated the authority for
hearings related to dangerous dog orders, among other things;
"impound" means to seize and assume the care and control of a dog
pursuant to this by-law;
"keep" means, in relation to a dog, to provide care to the dog or to own,
harbour, possess or have control over, whether temporary or permanent
and "keeping" or "kept" have similar meanings;
"kennel" means an establishment where more than three dogs may be
bred, raised, trained, or boarded;
"leash" means a restraining device that is attached to the collar or harness
worn by a dog and of sufficient strength to restrain the dog and, in the
case of a dangerous dog, a restraining device not exceeding 1 metre in
length;
"licence" means a license issued under this By-law and includes a renewal
license and "licensed" in reference to a dog means there is a current,
unrevoked license issued for that dog;
"licence issuer" means the City Clerk and includes their authorized
designate or designates with respect to any authority delegated by the
licence issuer to such designate;
"muzzle" means a humane fastening or covering device that is strong
enough and well-fitted enough to prevent the dog from biting, without
interfering with the breathing, panting or vision of the dog or with the
dog's ability to drink and "muzzling" means to cause the dog to wear a
muzzle and "muzzled" means the dog is wearing a muzzle;
PAGE 6
BY-LAW NO. 2024-113
"owner" means, in relation to a dog, one of more persons who possess,
harbour or have custody of a dog and where the person is a minor under
the age of eighteen (18) year, the person responsible for the custody of
the minor;
"officer" means a By-law Enforcement Officer appointed by the City to
enforce the provisions of by-laws, a City police officer appointed under the
Community Safety and Policing Act or its predecessor legislation and a
person who has entered into a contract with the City to control dogs;
"police work dog" means a dog trained for and engaged in law
enforcement by any federal, provincial or municipal government agency;
"premises" means a building or part of a building and any land
appurtenant to the building or part of the building and includes a vacant
lot;
"premises owner" means the person or persons who are shown as the
registered owner or owners of the premises, in the City's assessment roll
books, and includes family members of the premises owner who may be
residing at such premises and any tenant of the premises owner or other
person occupying all or part of the premises;
"Provincial Offences Act" means the Provincial Offences Act, RSO 1990, c.
P.33;
"reclamation period' means that period of time within which the owner of a
dog that has been impounded in the animal shelter has the right to redeem
it;
"serious injury" means any physical injury resulting in broken bones,
internal injuries or a permanently disfiguring laceration that requires
stitches or cosmetic surgery;
"tether" means a rope, chain, cord or similar restraining device used in
tethering a dog;
"tethered" means a tether has been fastened to the collar or halter on a
dog to a fixed object, so that the dog can only range in an area limited to
the length of such tether and "tethering" means the action of affixing a
tether; and
"veterinarian" means a person registered as a veterinarian under the
Veterinarians Act, R.S.O. 1990, c. V.3 or successor legislation.
Part III. Administration and Delegation
Administration
9.
The administration of this By-law is assigned to the licence issuer who is
delegated the authority to:
a.
make all decisions required of the license issuer under this By-law;
b.
perform all administrative functions referred to herein and those
incidental to and necessary for the due administration and
implementation this By-law;
c.
establish and amend from time to time, such forms, documents, and
such standards, protocols and procedures as the license issuer may
determine are required to implement and administer this By-law;
d.
develop, implement and promote programs and guidelines to
encourage responsible ownership and the control and care of dogs in
PAGE 7
BY-LAW NO. 2024-113
the City, provided same are consistent with the spirit of this By-law
and within Council established budgets.
Delegation
10.
The licence issuer may delegate the performance of any one or more of
their functions under this By-law to one or more persons from time to time
as the occasion requires and may impose conditions upon such delegation
and may revoke any such delegation. The licence issuer may continue to
exercise any function delegated during the delegation.
11.
Unless specifically provided to the contrary in this By-law, the decisions of
the license issuer are final and not subject to appeal.
12.
Without limiting the generality of section 10, the license issuer may, from
time to time enter into agreements, in a form established by the license
issuer to authorize persons who are not City employees to issue licenses
on behalf of the license issuer, pursuant to this by-law and subject to the
terms and conditions of the agreement. The license issuer may authorize
payment of such persons of the applicable commission for such service,
established by the license issuer from time to time. the license issuer may
terminate any such agreement in writing, in accordance with the provisions
of the agreement.
Part IV. Licensing
Licence required
13.
Every owner of a dog must secure a licence for the dog from the licence
issuer within the later of:
a.
the dog reaching the age of twelve (12) weeks; and
b.
seven (7) days of becoming the owner of the dog.
14.
The onus of proof of the age of the dog and of the date of ownership rests
with the owner of the dog.
15.
Every owner of a dog must maintain a current licence for the dog, which
licence will be renewed annually.
16.
No person under the age of eighteen (18) is entitled to a licence.
Tag required
17.
Except as provided to the contrary in section 18 below, every owner of a
dog for which a licence has been issued must ensure that the tag
corresponding to that licence is securely attached and remains securely
attached to the dog for which it was provided.
18.
Despite section 17 above, an owner need not attach a tag or have the tag
attached to a dog that:
a.
is within the dwelling unit or on the premises of its owner;
b.
requires the tag be removed, as determined by a veterinarian, for
medical treatment and evidence of such requirement is produced
upon request of an officer; or
c.
is a police work dog while it is work.
19.
No person may remove a tag from a dog without the consent of the dog's
owner.
PAGE 8
BY-LAW NO. 2024-113
20.
No person may attach a tag to a dog other than the dog which it was
provided.
21.
No owner of a dog may allow or permit their dog to have attached to it, a
tag other than the tag provided for that dog.
22.
No person may attach a tag to a dog once the license for which the tag
was issued has been revoked.
23.
No owner may permit a tag to continue to be attached to a dog once the
license for which the tag was issued has been revoked.
24.
Every tag issued by the license issuer remains the property of the City and
must be surrendered upon request to the license issuer of an officer after:
a.
the death of the dog;
b.
a change in ownership of the dog; or
c.
the revocation of the license for which the tag was issued.
Licence application and renewal
25.
Every applicant for a license or renewal of a license under this By-law must
file with or provide to the license issuer:
a.
an application in the form established by the license issuer from time
to time;
b.
where applicable, evidence satisfactory to the license issuer that the
dog has been spayed or neutered;
c.
where applicable, evidence satisfactory to the license issuer that the
dog for which the license is applied is a guide dog or a police work
dog;
d.
where a dog has been found to be a dangerous dog, evidence of
insurance compliant with section 59 and evidence the dog has been
vaccinated against rabies within the past year; and
e.
except as provided to the contrary in section 27, payment of the
applicable fee for applying for a license, as determined by the City's
Fees and Charges By-law.
Fee reductions and exceptions
26.
Where a dog licence application includes satisfactory evidence that the dog
has been spayed or neutered, a reduced fee, as determined by the City's
Fees and Charges By-law, will be charged.
27.
Despite subsection 25.e. above, an application fee is not required on an
application for a licence or renewal where the application is submitted for a
guide dog or police work dog.
28.
No application fee will be refundable for any reason.
Refusal to issue licence
29.
The license issuer will refuse to issue or renew a license for a dog where
the license issuer is not satisfied that:
a.
the applicant is eighteen (18) years or age or older;
b.
the application is complete and applicable fees have been paid; or
PAGE 9
BY-LAW NO. 2024-113
c.
in the case of a dog found to be a dangerous dog, the required
insurance in accordance with section 59 is not in effect, or the rabies
vaccination information for the dog is not current.
Issue of licence and provision of tag
30.
Except as provided in section 29, the license issuer may issue to the
applicant, a licence for the dog described in the application, and provide a
tag to be attached to or worn by the dog in accordance with this By-law.
31.
Each tag provided by the licence issuer pursuant to section 30 will bear a
unique serial number and such other information as may be determined by
the license issuer and otherwise be in the form established by the license
issuer from time to time.
Expiry of licence
32.
A licence for a dog expires upon the earliest of the:
a.
transfer of ownership of the dog;
b.
death of the dog for which it was issued; and
c.
the date set out in the licence as the expiry date.
Revocation
33.
The license issuer will have the right to revoke the license for a dog in the
event that:
a.
the licence was issued in error or as a result of false information
being provided;
b.
the application fee is not paid in full, through error, as a result of a
cheque being returned marked not sufficient funds, a credit card
charge being refused or for any other reason; or
c.
in the case of a dog found to be a dangerous dog, the insurance
required pursuant to section 59 expires or is cancelled or terminated
for any reason, without being replaced.
Replace lost tag
34.
Every owner of a licensed dog must ensure that a lost tag is replaced
within two (2) business days of the loss. Evidence that a replacement tag
has been ordered will satisfy this requirement for the first fourteen (14)
days after the tag is lost.
35.
The license issuer will provide a replacement tag to the owner of a licensed
dog upon:
a.
application in writing by the owner in the form established by the
license issuer; and
b.
payment of the applicable fee.
Change in information
36.
Except as provided to the contrary in section 61, every owner of a licensed
dog must advise the license issuer in writing within seven (7) days
thereafter, of:
a.
a change in any information provided in the most recent application
for a licence or renewal of a licence;
b.
the death of the dog; and
PAGE 10
BY-LAW NO. 2024-113
c.
the sale or other transfer of ownership of the dog.
Number of dogs
37.
Except as provided in section 38 below, no person may keep or permit to
be kept in or about any dwelling unit or premises more than three (3)
dogs.
38.
Section 37 does not apply to dogs under the age of twelve weeks or to
kennels, which require a kennel licence.
Part V. Control of Dogs
At large
39.
No owner of a dog may cause, allow or permit a dog they own to be at
large within the limits of the City.
40.
Despite section 40 above, a licensed dog will be deemed not to be at large
if it is:
a.
within an off-leash area as that term is used in the City's Off Leash
Dog Park Areas By-law, as amended or replaced from time to time;
b.
a guide dog;
c.
a police work dog that is performing the duties for which it was
trained.
Not at large
41.
Except as provided to the contrary in sections 57 and 58, every premises
owner who allows or permits a dog to be outdoors or to remain outdoors
on their premises must ensure that the dog is:
a.
contained in an enclosure or fenced area, including an area enclosed
by electronic fencing known as invisible fencing;
b.
tethered by a tether no less than 3 metres in length; or
c.
under the control of a person so as to prevent the dog from leaving
the premises.
Barking, etc.
42.
The owner of a dog must not permit or allow the dog to make any
persistent noise as required by the City's Noise By-law.
Part VI. Care of dogs
Tethers
43.
Every person who has tethered a dog must ensure that:
a.
the tether is at least 3 metres in length but does not permit the dog
to go beyond the property line of the premises on which the dog is
tethered;
b.
the dog has unrestricted movement within the range of the tether;
and
c.
the dog cannot suffer injury resulting from the tether.
Removal of excrement
44.
Subject to section 45 below, every owner of a dog must remove forthwith
and sanitarily dispose of excrement left by the dog anywhere in the City.
PAGE 11
BY-LAW NO. 2024-113
45.
Section 44 does not apply to a person who owns or uses a guide dog.
Dog used to attack or menace
46.
No owner may use or direct a dog to attack, bite, chase, harass or
threaten a person or domestic animal.
47.
No owner of a dog may authorize or permit their dog to behave in a
manner that poses a risk to the safety of a person or domestic animal.
Responsibilities of public
48.
No person may:
a.
tease, torment or annoy any dog; or
b.
untie, loosen or otherwise free any dog that is not in distress unless
such person has the authorization of the owner.
Part VII. Leash, Muzzle, Dangerous Dog
Investigations
49.
An officer may conduct an investigation to determine if a dog should be
leashed, muzzled or both or found to be a dangerous dog, where the
officer receives:
a.
a written complaint, signed by the complainant, that a dog has
attacked or bitten a person or domestic animal without provocation
or mitigating factors;
b.
particulars of the name and address of the owner of the dog or
adequate information to ascertain the owner of the dog which is the
subject of the complaint; and
c.
particulars of the incident or incidents giving rise to the complaint.
50.
In conducting the investigation and making a determination of whether a
dog should be leashed, muzzled or both or found to be a dangerous dog,
the officer will consider all the circumstances, including without limitation:
a.
the severity of the bite or attack and any resulting injuries;
b.
any prior record of the dog having bitten or attacked;
c.
any mitigating factors, which may include, but are not limited to
circumstances where the dog was, at the time of the bite or attack:
i.
acting in defence to an attack by or menacing actions by a
person or domestic animal, whether or not such attack was
directed towards the dog in question;
ii.
responding to pain or injury, or protecting itself or acting in
defence of its young;
iii.
reacting to a person or a domestic animal trespassing on or
entering on the premises where the dog was situate; or
iv.
being teased, provoked or tormented.
51.
Where, after the investigation, the officer is of the opinion that it is
appropriate to do so, the officer may make a finding that the dog must be
leashed, muzzled, or both or is a dangerous dog.
52.
Where an officer makes a finding that a dog must be leashed, muzzled or
both or is a dangerous dog, the officer will serve notice in accordance with
sections 70-72 on the owner of the dog:
PAGE 12
BY-LAW NO. 2024-113
a.
advising of the officer's finding;
b.
in the case of a dangerous dog, advising the owner of the
requirements set out in sections 54-63;
c.
advising the owner of:
i.
the right, if exercised within fourteen (14) days of the service
of the notice, to apply to the hearing committee, to seek a
reversal of the finding, or in the case of a dangerous dog, an
exemption from any one or more of the conditions in sections
54-62;
ii.
the process to apply to the hearing committee; and
iii.
the applicable fee, as determined by the City's Fees and
Charges By-law, for such a hearing; and
d.
advising the owner that the officer's finding will continue in effect
unless and until the hearing committee finds to the contrary.
53.
The finding that a dog must be leashed, muzzled, or both or is a dangerous
dog is effective upon service of the notice under sections 70-72 and
continues in effect unless and until such finding is revoked by the hearing
committee.
Warning signs
54.
Unless provided to the contrary by the hearing committee, every owner of
a dog found to be a dangerous dog must at all times display a warning
sign with the words "Beware of Dog":
a.
at that entrance to the dwelling unit of the owner of the dangerous
dog, that a person would normally approach; and
b.
in a location and manner such that the sign will be clearly visible to a
person approaching the entrance to the dwelling unit.
55.
Every owner of a dog found to be a dangerous dog must:
a.
ensure that the sign acquired in accordance with section 65 is affixed
to the dwelling unit or otherwise erected or placed in a manner that
cannot be easily removed by a passerby;· and
b.
replace the sign as required from time to time, in the event the sign
is removed or defaced or otherwise becomes illegible.
56.
No person may remove a sign erected pursuant to section 54, while the
dog found to be a dangerous dog resides at that premises, except in
accordance with section 55.
Control of dangerous dog
57.
Unless provided to the contrary by the hearing committee, every owner of
a dog which has been found to be a dangerous dog must ensure that at all
times when the dog is not on premises owned or occupied by the owner of
the dog, the dog is:
a.
muzzled;
b.
securely fitted with a collar or harness in a manner such that the dog
cannot detach the collar or harness;
c.
leashed with a leash securely attached to a collar or harness at all
times in a manner such that the dog cannot detach the leash from
the collar or harness; and
PAGE 13
BY-LAW NO. 2024-113
d.
the leash held by a person who has the strength and capacity to
securely control the dog so as to not permit or allow unwanted
contact with another person or a domestic animal.
58.
Unless provided to the contrary by the hearing committee, every owner of
a dog which has been found to be a dangerous dog must ensure that at all
times when the dog is on premises owned or occupied by the owner of the
dog, the dog is:
a.
securely contained inside the dwelling unit of the owner of the dog;
or
b.
if outside the dwelling unit of the owner of the dog, the dog is:
i.
muzzled;
ii.
securely fitted with a collar or harness in a manner such that
the dog cannot detach the collar or harness;
iii.
restrained by a chain or other restraint sufficient to prevent the
dog from leaving the premises; and
iv.
contained within a securely enclosed area, including a fence of
an appropriate height for the breed of dog, constructed so as
to prevent the dog from leaving the premise and in a manner
such that the dangerous dog is unable to come into contact
with persons or other domestic animals.
Insurance and administration requirements
59.
Unless provided to the contrary by the hearing committee, every owner of
a dog which has been found to be a dangerous dog must obtain and
maintain in effect at all times the person owns the dog found to be a
dangerous dog, a policy of liability insurance with an insurer licensed to
operate in Ontario, providing for coverage in an amount not less than two
million dollars per occurrence, for losses arising from injuries caused by
the owner's dog and providing for the City to be notified in writing of any
cancellation, termination or expiry of the insurance policy.
60.
Every owner of a dog found to be a dangerous dog must provide to the
license issuer, evidence that insurance compliant with section 59 is in
effect:
a.
within ten (10) business days of the dog being found to be a
dangerous dog;
b.
on each application for a licence or a renewal license for the dog;
c.
prior to the expiry date of any policy; and
d.
upon request by the license issuer.
61.
Every owner of a dog found to be a dangerous dog must provide the
information required under section 36 to the license issuer in writing within
two (2) business days of any change in ownership or residence of the dog
and provide the license issuer with the new address and telephone number
of the owner.
62.
Where a form for giving such notice is established by the license issuer,
the owner must use the prescribed form.
PAGE 14
BY-LAW NO. 2024-113
Application to hearing committee
63.
An owner who has been given notice that their dog must be leashed,
muzzled, or both or has been found to be a dangerous dog may apply in
writing to the secretary of the hearing committee for a hearing before the
hearing committee and must submit the applicable administrative fee for
such applications. The application must be filed within fourteen (14) days
of the date that service of the notice under sections 70-72 is effective. If a
form for requesting a hearing has been established by the license issuer,
the prescribed form must be used.
64.
If the secretary of the hearing committee determines that the request is
out of time or that the administrative fee has not been paid, the secretary
must notify the owner that no hearing will be scheduled.
65.
If the request is compliant with this by-law, the secretary of the hearing
committee must set a date, time and place for a hearing before the
hearing committee and give notice of the date, time and place of the
hearing to the applicant for the hearing, in the manner provided for in
sections 70-72.
Hearing
66.
On the date and time scheduled for the hearing, or such later date as may
be set or consented to by the hearing committee, the hearing committee
may hear and view any evidence provided by the officer and by the
applicant for the hearing and may:
a.
reverse or uphold the officer's finding; and
b.
if the finding that the dog is a dangerous dog is upheld, exempt the
owner from all or some of the requirements of sections 54-62.
67.
The onus is on the applicant to provide evidence satisfactory to the hearing
committee that the relief being sought should be granted.
68.
The hearing will be held in accordance with the procedures in effect at the
time of the hearing.
69.
Upon the hearing committee reaching a decision, the secretary will give
notice of the decision in writing to the applicant for the hearing.
69.1 With respect to a dangerous dog finding, the decision of the hearing
committee is final.
69.2 Where more than six months have elapsed since the matter was before the
committee, and the owner believes that the behaviour of the dog has
improved, the owner may apply to the hearing committee setting out the
grounds for the belief that the dog's behaviour has improved and
requesting an order modifying or rescindiung the order to muzzle, leash or
both.
69.3 With respect to section 69.2 above, the application must be to the
secretary of the committee in writing, on the form in effect at the time of
the application, if applicable, and include the administrative fee for such
applications.
Service of notices
70.
Service of notice under sections 52, 65 or 69 may be effected on the
person who shows in the City's records as the owner of the dog, or where
PAGE 15
BY-LAW NO. 2024-113
the dog does not appear to be licensed pursuant to this by-law, on such
other person who appears to be the owner of the dog.
71.
Any notice issued pursuant to this by-law may be given in writing in any of
the following ways and is effective:
a.
on the date on which a copy is delivered to the person to whom it is
addressed;
b.
on the fifth day after a copy is sent by mail to the person's last
known address;
c.
upon the sending of a copy by e-mail transmission to the person's
last known email address; or
d.
posting on the premises, on the date of posting.
72.
For the purpose of section 71, a person's last known address and last
known email address are deemed to include information on the last revised
assessment roll and on an application submitted pursuant to this by-law.
Part VIII. Seize and impound
73.
An officer may seize any dog found at large.
74.
An officer may deliver a licensed dog that has been seized to its owner,
without impounding the licensed dog, provided:
a.
the officer is able to contact the owner and make satisfactory
arrangements for return of the licensed dog; and
b.
the officer does not have a record of the licensed dog having been
seized in the prior twelve (12) months.
Reclamation period
75.
Except as provided to the contrary in section 76 below, the officer will keep
any dog seized and impounded under this by-law for a reclamation period
of three (3) days from the time of its impoundment, exclusive of:
a.
the day on which the dog was impounded;
b.
statutory or civic holidays; and
c.
days on which the impound centre is closed.
Euthanizing
76.
Despite section 75 above, the officer may, at any time after a dog is
impounded, cause the dog to be euthanized in a humane manner, where,
in the opinion of a veterinarian this is warranted for humane reasons or for
the safety of any person. In such circumstances the officer has no
obligation to notify the owner in advance and no obligation to provide any
person the opportunity to reclaim the dog.
Care during reclamation period
77.
During the reclamation period, the officer may:
a.
cause the impounded dog to be vaccinated to provide immunization
against distemper or any other contagious or infectious disease; and
b.
provide veterinary care of an injured or ill dog as may be necessary
to sustain its life, unless the pound keeper has determined it is
appropriate to euthanize the dog in accordance with section 76.
PAGE 16
BY-LAW NO. 2024-113
78.
The officer may release an impounded dog to its owner upon compliance
with sections 79-80.
Redemption
79.
During the reclamation period, the owner of the dog is entitled to reclaim
the dog upon:
a.
payment of the applicable fees as set out in the City's Fees and
Charges By-law;
b.
payment of any costs incurred to inoculate or provide veterinary care
to the dog;
c.
providing evidence satisfactory to the officer of ownership of the
dog; and
d.
providing evidence satisfactory to the officer that the dog is licensed
under this by-law, or if not, licencing the dog in accordance with this
by-law.
80.
The owner of a dog is liable to pay any applicable fees and any costs
incurred by the City for inoculations and for veterinary care, whether or
not the owner claims the dog from the pound.
Failure to reclaim
81.
If the dog is not reclaimed within the reclamation period, the officer may
cause the dog to be adopted for the applicable fee or may otherwise
dispose of the dog as it sees fit without liability to any person for the
adoption price or for the disposition of the dog or the manner thereof.
Protective care
82.
An officer is authorized to:
a.
receive dogs for protective care, pursuant to an eviction,
incarceration, fire or medical emergency, or for any other situation
the officer determines to be appropriate;
b.
temporarily keep such dogs in protective care for a maximum period
of five days;
c.
charge the owner of the dog kept in protective care, the applicable
fee for board, on a per diem basis and all costs for any required
veterinary medical care, when the dog is redeemed; and
d.
at the end of the five day protective care period, unless other
arrangements are agreed to between the owner and the City, treat
such dog as having been impounded as running at large.
Collecting impound fees, board fees, veterinary costs
83.
Where a dog is seized and impounded under section 73, or accepted for
protective care under section 82, the owner, if known, is liable for all
applicable fees and any veterinarian costs incurred in accordance with
section 77 and section 82 whether the dog is claimed from the animal
shelter or not. All amounts are due on demand and if not paid are a debt
to the City and collectable in accordance with sections 100-101.
Owner - no right to compensation
84.
Neither the City nor the officer have any liability to any person for the
seizure, impounding, euthanizing, sale of disposal of any dog. No
compensation, damages, fees or any other amount of money on account of
PAGE 17
BY-LAW NO. 2024-113
or by reason of the seizure, impounding, euthanizing, sale or disposal of a
dog may be recovered by the owner from the officer or the City or paid by
the officer or the City.
Part IX. Enforcement
Enforcement
85.
This By-law may be enforced by any officer.
No obstruction
86.
No person may hinder or obstruct, or attempt to hinder or obstruct, any
person exercising a power or performing a duty under this By-law.
Offence
87.
Every person who contravenes any of the provisions of this by-law and any
director or officer of a corporation who knowingly concurs in such
contravention is guilty of an offence and on conviction is liable to a fine as
provided for in the Provincial Offences Act.
88.
For the purposes of section 87, each day on which a person contravenes
any of the provisions of this By-law will be deemed to constitute a separate
offence under this By-law.
89.
The levying and payment of any fine as provided for under the Provincial
Offences Act does not relieve a person from the necessity of compliance
with the obligations under this By-law.
90.
The making of a false or intentionally misleading statement or
representation in any agreement or request for permission provided for by
this By-law will be deemed to be a violation of the provisions of this By-
law.
Order to comply
91.
Where an officer is satisfied that a contravention of this By-law has
occurred, an order may be made requiring the person who contravened
this By-law or who caused or permitted the contravention to correct the
contravention. The order must set out:
a.
reasonable particulars of the contravention;
b.
particulars of the location where the contravention occurred;
c.
any work to be done or steps to be taken to comply with this By-law;
d.
the date by which the work must be done or steps taken; and
e.
provide that if any work specified is not completed by the date
specified to the satisfaction of the officer, that the officer may cause
the work to be done at the expense of the premises owner.
92.
Pursuant to subsection 445(3) of the Municipal Act, 2001, as amended, an
order pursuant to section 91 may require the work to be done even though
the facts which constitute the contravention of the By-law were present
before this By-law making them a contravention came into force.
Service of orders
93.
Any order issued pursuant to this by-law may be given in writing in any of
the following ways and is effective:
PAGE 18
BY-LAW NO. 2024-113
a.
on the date on which a copy is delivered to the person to whom it is
addressed;
b.
on the fifth day after a copy is sent by mail to the person's last
known address;
c.
upon the sending of a copy by e-mail transmission to the person's
last known email address; or
d.
posting on the premises, on the date of posting.
94.
For the purpose of section 93, a person's last known address and last
known email address are deemed to include information on the last revised
assessment roll and on an application submitted pursuant to this by-law.
Comply with orders
95.
Every person who is served with an order under this By-law must comply
with the requirements of the order within the time period.
Remediation by City
96.
Where a person fails to comply with the requirements of the order under
section 91 within the time period specified in the order, an officer may
cause such work to be done or take such steps as are necessary to meet
the requirements of the order or the order as amended, at the cost and
expense of the premises owner, recoverable in accordance with sections
100-101.
Attendance fee
97.
The applicable fee for enforcement attendance is payable on a time-spent
basis at the rate determined by the City's Fees and Charges By-law:
a.
for the second and each subsequent inspection conducted by an
officer to ascertain compliance with a notice, direction or order
pursuant to this By-law, which is conducted after the specified date
for compliance; and
b.
if an officer attends any remediation directed by or conducted by the
City, pursuant to this By-law as a result of a failure to comply with
an order made pursuant to this By-law.
98.
Any fee under section 97 is due on demand and, if unpaid, is a debt to the
City collectable in accordance with sections 100-101.
Prohibition order
99.
When a person has been convicted of an offence under this By-law, the
Ontario Court (Provincial Division), or any court of competent jurisdiction
thereafter may, in addition to any other penalty imposed on the person
convicted, issue an order prohibiting the continuation of the offence or
doing of any act or thing by the person convicted directed towards the
continuation of the offence.
Collection of fees and charges
100. All fees and charges payable under this By-law, including without
limitation, fees and charges incurred in the impounding and boarding of
seized dogs, costs incurred in remediation under section 96, attendance
fees incurred under sections 97-98 are due on demand, and if unpaid, are
a debt owing to the City in the nature of fees and charges and will bear
interest at the rate established in the City's Fees and Charges By-law then
PAGE 19
BY-LAW NO. 2024-113
in effect, as the rate applicable to overdue accounts, from the date of
demand until payment in full. The debt may be enforced by any means
open to the City, and without limiting the generality of the foregoing, the
debt in the nature of fees and charges may, if applicable, be added to the
tax roll of any property for which all of the owners are responsible for
payment of the debt, and thereafter collectable as property taxes. All
remedies open to the City are cumulative.
101. All fees and charges incurred under this By-law are payable whether or not
there is a charge laid, and whether or not any charge laid leads to a
conviction and whether or not a fine has been paid as a result of a charge
being laid.
Part X. Confidential Information
Personal information
102. The license issuer is authorized to collect personal information for the
purposes of administering this By-law.
Disclosure
103. All information submitted to and collected by the City in accordance with
this By-law will, unless the City Clerk determines otherwise, be available
for disclosure to the public in accordance with the Municipal Freedom of
Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 (MFIPPA).
Exempt information
104. In the event that any person in submitting information to the City or to the
license issuer in any form, as required under this By-law, where such
information is confidential or proprietary or otherwise may be exempt from
disclosure under the MFIPPA, the person submitting the information must
so identify that information upon its submission to the City or the license
issuer and must provide sufficient details as to the reason for its purported
exemption from disclosure.
Part XI. Repeal and Effective Date
Repeal
105. By-law No. 2011-156 is repealed.
Effective date
106. This by-law will come into full force and effect on January 1, 2025, at
which time all by-laws, policies, and resolutions that are inconsistent with
the provisions of this by-law are hereby repealed, revoked or rescinded, as
the case may be, insofar as it is necessary to give effect to the provisions
of this by-law.
FINALLY PASSED AND ENACTED this 7th day of October 2024.
signature on file
Mayor Ian C. Boddy
signature on file
Briana M. Bloomfield, City Clerk