Canine Control By-Law No. 2958-2011 (office consolidation incl. amendments to 2023)
Prince Edward, Ontario
· adopted 2011-11-08
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Ref: Motion CW-483-2011 as Amended
OFFICE CONSOLIDATION of By-Law 2958-2011 as Amended by:
By-Law 3239-2013 April 23, 2013
By-Law 187-2022 September 13, 2022
By-Law 188-2023 November 28, 2023
THE CORPORATION OF THE COUNTY OF PRINCE EDWARD
BY-LAW NO. 2958-2011
A BY-LAW TO PROVIDE FOR THE LICENSING, REGULATION AND
REGISTRATION OF DOGS WITHIN THE CORPORATION OF THE COUNTY
OF PRINCE EDWARD.
WHEREAS pursuant to Section 10 (2) of the Municipal Act, 2001, S.O. 2001,
c.25 as amended, a single tier municipality may pass a by-law respecting
animals;
AND WHEREAS Section 103 of the Municipal Act, 2001, S.O. 2001, c.25 as
amended, provides for the seizure and impounding of animals being at large or
trespassing, and the sale of impounded animals;
AND WHEREAS Section 105 of the Municipal Act, 2001, S.O. 2001, c.25 as
amended, provides for the requirement of muzzling dogs;
AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c. 25
authorizes a municipality to impose fees or charges for services or activities
provided by the municipality.
AND WHEREAS Council desires to provide for the licensing, regulating and
registration of dogs within the Corporation of the County of Prince Edward;
NOW THEREFORE THE COUNCIL OF CORPORATION OF THE COUNTY
OF PRINCE EDWARD ENACTS AS FOLLOWS:
1. GENERAL
1.1. This by-law may be cited as the "Canine Control By-Law".
2. DEFINITIONS
In this by-law, unless the context requires otherwise:
2.1.
"ANIMAL CONTROL OFFICER" shall mean the person or
persons, society or association appointed by the Council of the
County of Prince Edward to enforce this by-law and shall include
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any servant or agent of such person or society or association
employed for such purpose.
2.2.
"AID DOG" shall mean a dog that is trained to aid the handicapped
and is actively in use for such purpose.
2.3.
"BREEDER" shall mean a person who operates a kennel to breed
dogs on his or her property as a home occupation and who, for this
purpose, keeps more than the maximum allowable number of dogs.
2.4.
"COUNCIL" shall mean the Council of the Corporation of the
County of Prince Edward
2.5.
"COUNTY" shall mean the Corporation of the County of Prince
Edward.
2.6.
"KENNEL" shall mean a building in which the predominate activity
consist premises other than a pet store, veterinary hospital or clinic,
animal shelter or property that is operating a legitimate fostering
program for dogs under the authority of a Society, in which the
predominant activity consists of:
2.6.1.
breeding dogs; or
2.6.2.
raising dogs; or
2.6.3.
boarding dogs; or
2.6.4.
harbouring more than the maximum allowable number of
dogs.
(as amended by By-law 3239-2013)
2.7.
"LEASH" shall mean a restraining device of sufficient strength and
material for holding a dog.
2.8.
"LEASHED" shall mean a restraining device securely attached to
the dog and person or object.
2.9.
"LICENCE" shall mean the receipt issued by the Treasurer of the
County of Prince Edward or his or her authorized agent, upon
payment of a licence fee for the licensing of dogs as required under
the provisions of this by-law.
2.10.
"MEDICAL OFFICER" shall mean the Medical Officer of Health for
the Hastings and Prince Edward Counties Health Unit.
2.11.
"MUZZLED" shall mean a humane fastening or covering device of
adequate strength over the mouth to prevent a dog from biting.
2.12.
"OWNER" shall include any person who possesses or harbours
dogs, and owns or owned shall have a corresponding meaning, and
owner shall include the person or persons who are temporarily the
keeper of dogs, and where the owner is a minor, the person
responsible for the custody of the minor.
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2.12
"OWNER" shall include any person who possesses or harbours
dogs, and owns or owned shall have a corresponding meaning, and
where the owner is a minor, the person responsible for the custody
of the minor.
(as amended by By-law 3239-2013)
2.13.
"PERSON" shall mean any individual, firm, incorporated group,
business entity or club to whom the context can apply.
2.14.
"POLICE WORK DOG" shall mean a dog trained to aid law
enforcement officers and that is actually being used for police work
purposes for the protection of the public, including the investigation
of crime and the apprehension of law violators.
2.15.
"POUND" shall mean such premises and facilities designated by the
Council of the County of Prince Edward as a pound.
2.16.
"POUNDKEEPER" shall mean a person, persons, association or
society appointed by the Council of the County of Prince Edward to
maintain and administer the pound or pounds.
2.17.
"RUNNING AT LARGE" shall mean found in any place other than
the premises of the owner of the dog and not under the control of
any competent person and not leashed in accordance with the
provisions of this by-law.
2.18.
"SOCIETY" or "HUMANE SOCIETY" means the Loyalist Humane
Society, the Ontario Humane Society and includes affiliated
Societies and the Ontario Society for the Prevention of Cruelty to
Animals (OSPCA).
2.19.
"SPORTING DOGS" shall mean dogs of various breeds raised, kept
and trained to participate in sporting activities and competitions
including, but not limited to, dog shows, trials for retrievers and
tracking dogs, sled dog races and the hunting of game but not for
breeding.
2.20.
"TAG" shall mean a disc bearing a serial number and year of issue
which shall be affixed to the dog for which it is issued.
2.21.
"URBAN AREAS" shall mean and include Ward One (Picton), Ward
Two (Bloomfield), Ward three (Wellington), and all villages and
hamlets in the County.
2.22.
"VICIOUS OR DANGEROUS DOG" shall mean any individual dog
that:
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2.22.1.
has killed a domestic animal; or
2.22.2.
has bitten or injured a human being or domestic
animal; or
2.22.3.
has been threatening or aggressive towards a human
being or domestic animal without being provoked.
2.23.
"GUIDE DOG" shall mean a guide dog as defined in section 1 of
the Blind Persons' Rights Act which is a dog trained to help
provide mobility, safety and increased independence for people
with sight loss;
(as Amended by By-Law 187-2022)
2.24.
"SERVICE ANIMAL" shall mean, as defined in the Accessibility
for Ontarians with Disability Act, 2005, and animal for a person
with a disability if:
2.24.1.
it has been trained to provide assistance to a
person with a disability that relates to a person's
disability; and
2.24.2.
it is readily identifiable that the dog is used
by the person for reasons relating to their
disability; or
2.24.3.
the person provides a letter from a regulated
health professional confirming that the person
requires the dog for reasons relating to the
disability; and
2.24.4.
where a section in this By-law sets out maximum
number of dogs allowed to be kept, a Service
Animal shall not be included in the calculation.
(as Amended by By-Law 187-2022)
2.25.
"SUPPORT ANIMAL" shall mean an animal that:
2.25.1.
does not have specialized training but is engaged,
on the recommendation of a regulated health
professional, as a therapy to provide comfort,
support and connection for those with severe
mental illness; and
2.25.2 where the section in this bylaw sets out a
maximum number of dogs allowed to be kept, one
additional licence for a support dog is permitted if
the person provides a letter or prescription from a
regulated health professional confirming that the
person requires the dog for necessary therapeutic
uses.
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(as Amended by By-Law 187-2022)
3. KENNELS
3.1.
The owner of a kennel or breeder shall pay annually to the County,
or its authorized agent, on or before the 31st day of March in each
year, a licence fee for his or her kennel in accordance with
Schedule 'E' of the Fee and Charges By-law No. 2817-2011, as
amended, and shall receive a kennel licence for the current year.
3.1
The owner of a kennel used for other than boarding shall pay
annually to the County, or its authorized agent, on or before the 31st
day of March each year, a licence fee for his or her kennel in
accordance with Schedule 'E' of the Fee and Charges By-law No.
3025-2012, as amended, and shall receive a kennel licence for the
current year.
(as amended by By-law 3239-2013)
3.2.
Subject to Section 3.3, where the owner of a kennel or breeder has
complied with subsection 3.1, he or she is not required to cause
each dog kept at his or her kennel to be registered with and
licensed by the County.
3.2
Owners of a boarding kennel shall register their own dogs in
accordance with Section 4. The owner of a boarding kennel shall
register their kennel with the County, or its authorized agent.
(as amended by By-law 3239-2013)
3.3.
Owners of a kennel shall register their own dogs in accordance with
Section 4. Registration fee is included in the kennel licence fee.
3.4.
No person shall operate a kennel without a kennel licence.
3.5.
No licence shall be issued to any kennel pursuant to the provisions
of this by-law unless the kennel is in a location or an area in which
kennels are permitted by the applicable Zoning By-Law and unless
the kennel complies with all of the requirements of that Zoning By-
Law.
3.5
No person shall operate a kennel or be issued a kennel license or
the renewal of a kennel license unless the use or proposed use
conforms with the zoning by-law that applies to the property, the
property complies with the property standards by-law and any other
applicable by-laws including but not limited to, the Health Protection
and Promotion Act, the Ontario Society for the Prevention of Cruelty
to Animals Act, and the Fire Protection and Prevention Act;
The kennel shall be in a separate building and shall not be attached
to a building which is or can be used for human habitation.
(as amended by By-law 3239-2013)
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3.6.
No person shall keep more than three (3) dogs over three (3)
months of age at any one location unless a kennel licence or
sporting dog licence has been issued to that person for that
location.
3.7.
Every person who operates a kennel shall comply with the following
requirements:
3.7.1.
The kennel shall be in a separate building and shall
not be attached to a building which is or can be used
for human habitation.
3.7.2.
The kennel building must conform to the Ontario
Building Code and must be maintained in such a
manner as to be free of damage.
3.7.3.
The kennel building shall have a floor of concrete or
other impermeable material and shall be equipped
with a drain opening constructed as a plumbing fixture.
Alternatively, dogs may be kept in cages of size
adequate to allow the animal to extend its legs to their
full extent, to stand or sit, to turn around or lie down in
a fully extended position, and the cages shall be
constructed solely of metal or wire or partly of wire and
shall have metal or other impermeable bottoms.
(as amended by By-law 3239-2013)
3.7.4.
The kennel building shall have:
3.7.4.1.
electric lighting;
3.7.4.2.
windows which may be opened for
proper ventilation;
3.7.4.3.
a heating system sufficient for the
health, care and comfort of the dogs;
and
3.7.4.4.
hot and cold running water and a food
preparation area.
3.7.5.
Where dogs are permitted to use an outside area,
there shall be constructed around such area a fence
designed to limit visibility having a height of at least
1.52 metres (5 feet); the wall of an adjacent building
may be included as part of such fenced-in area. Such
fence shall not be required where the outside area is
more than 61 metres (200 feet) from the nearest limit
of the property.
3.7.6.
Where a clipping and grooming service is performed,
such clipping and grooming shall be carried out in the
kennel building only.
3.8
Every kennel shall be subject to an annual inspection by the Animal
Control Officer, or by such other person or agency as may be
designated by Council, to ensure that the foregoing provisions of
Section 3 are being adhered to in the operation of the kennel, and a
report in writing of each inspection shall be filed in the Office of the
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Commissioner of Planning Services for the County. The initial
inspection fee is included in the kennel licence fee. Fees for any
further inspections within the year the kennel licence was
purchased will be in accordance with Schedule 'E' of the Fee and
Charges By-law No. 2817-2011, as amended.
3.8
Every kennel shall be subject to an initial inspection by the Animal
Control Officer, or by such other person or agency as may be
designated by Council, to ensure that the foregoing provisions of
Section 3 are being adhered to in the operation of the kennel, and a
report in writing of each inspection shall be filed in the Officer of the
Commissioner of Engineering, Development and Works.
The initial inspection fee is included in the kennel licence fee. Fees
for any further inspections within the year the kennel licence was
purchased will be charged in accordance with Schedule 'E' of the
Fee and Charges By-law No. 3025-2012, as amended.
(as amended by By-law 3239-2013)
3.9
Where such inspection reveals that the foregoing provisions of
Section 3 are not being adhered to by the kennel owner or the
breeder, the Animal Control officer, or such other person or agency
as may be designated by Council, may suspend the owner's or
breeder's kennel licence until the deficiencies found have been
remedied. An inspection fee shall be payable to the County, or its
authorized agent, on each occasion that a further inspection of the
kennel is necessary to determine that the kennel satisfies the
requirements of Section 3.
3.10
An Subsequent inspections of a kennel may be carried out more
frequently than once each year where a reasonable complaint or
complaints with respect to the operation of the kennel have been
received. by the County.
3.10
Subsequent inspections of a kennel may be carried out where a
reasonable complaint or complaints with respect to the operation of
the kennel have been received.
(as amended by By-law 3239-2013)
3.11
No person shall operate a kennel while his or her kennel licence is
under suspension.
3.12
Kennel licenses may be issued by the Animal Control Officer upon
an approved kennel inspection to be carried out within sixty (60)
days from application.
4. DOG LICENSING REGULATIONS AND REGISTRATION
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4.1.
No person shall own a dog in the County without a dog licence.
4.2.
Every person who resides in the County and who is the owner of a
dog shall, immediately upon the dog coming into his or her
possession, register the dog with the County or its authorized agent
and on the day of registration, and thereafter annually on or before
the 31st day of March in each year, shall pay to the County or its
authorized agent a licence fee calculated in accordance with
Schedule 'E' of the Fee and Charges By-law No. 2817-2011, as
amended.
4.3.
On payment of the licence fee and conformity with the provisions of
this by-law, the County or its authorized agent shall issue for each
dog so registered a serially numbered licence tag and shall cause
the name of the owner, his or her address and the number of the
tag to be entered in a book or database kept for this purpose.
4.4.
Every owner shall affix to his or her dog a current licence tag issued
in accordance with this by-law, and shall keep such tag affixed to
the dog at all times when the dog is not on the owner's property.
4.5.
No person shall transfer a licence tag or registration, and the
licence tag shall expire and become void upon the sale, death or
other disposal of the dog.
4.6.
Every licence under this Section shall expire on the 31st day of
March of the year following the year in which the licence was
issued. Upon payment of the annual licence fee in accordance with
Schedule 'E' of the Fee and Charges By-law No. 2817-2011, as
amended, the licence shall be issued for a period of one year.
4.7.
No person other than the owner of the dog or his or her agent shall
remove the licence tag from the dog.
4.8.
Where any person who has been issued a tag for a dog pursuant to
the provisions of this by-law can prove to the satisfaction of the
Animal Control Officer, or any other Officer duly authorized by the
County for this purpose, that the tag has been lost or otherwise
misplaced, the Officer may issue a replacement tag upon payment
by the person of the fee therefore as set out in Schedule "A" to this
bylaw.
4.9.
No person shall use a licence tag upon a dog other than the dog for
which the tag was issued.
4.10.
Any person who is so required by the County, or its authorized
agent, shall forthwith deliver to the County, or its authorized agent,
a statement in writing showing the number of male dogs, neutered
dogs, female dogs and spayed female dogs owned by such person
or which are habitually kept upon the premises for which such
person is assessed as owner or otherwise.
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4.11.
No owner shall cause or permit his or her dog to become a public
nuisance by:
4.11.1.
persistently barking or howling; or
4.11.2.
damaging public or private property; or
4.11.3.
scattering garbage or interfering with waste management
activities; or
4.11.4.
persistently barking at or chasing persons, vehicles,
domestic animals, livestock, poultry, or other animals
kept on an agricultural property; or
4.11.5.
being in a public park or recreational area and not on a
leash; this subsection shall not apply when the dog is
within the fenced area of the Picton Dog Park.
5. RESTRICTIONS
5.1.
Subject to 5.1.1, 5.1.2 and 5.1.3 hereunder, no person shall harbour
more than a total of three (3) dogs in or about any single dwelling
unit.
5.1.1.
This Section does not apply to the operation of a kennel.
5.1.2.
This Section does not apply to holders of a sporting dog
licence.
5.1.3.
This section does not apply to dogs under the age of
three (3) months.
6. DOGS RUNNING AT LARGE
6.1. No person shall cause or permit any dog to run at large.
6.2.
For the purposes of this By-law, a dog shall be deemed to be
running at large if it is found in any place other than the premises of
the owner of the dog and not under the control of any person.
6.3.
In the urban areas of the County every dog shall be leashed when
not on the premises of its owner, and every dog shall be leashed
when in any public park in the County.
6.4.
A dog shall not be considered to be running at large if it is an aid
dog or a police work dog.
6.5.
Any dog running at large contrary to the provisions of this by-law
may be captured by any animal control officer, by-law enforcement
officer, police officer or any other person duly authorized by Council
for that purpose.
6.6.
Any person may capture any dog running at large and trespassing
on his or her property and, upon doing so, shall deliver the dog to
the Animal Control Officer who may impound the dog.
6.7.
An Animal Control Officer, or other duly appointed officer, may enter
on any public property, or on private property with the consent of
10
the owner or tenant of the property, for the purpose of
apprehending any dog running at large contrary to the provisions of
this by-law.
6.8.
Any dog running at large contrary to the provisions of this by-law
which in the opinion of the Animal Control Officer appears to be
vicious or rabid and to be a threat to the safety of the community,
and which cannot be captured by the Animal Control Officer, may
be killed by the Animal Control Officer or other duly appointed
officer. The owner of the dog shall not be entitled to damages or
compensation on account of the dog being killed.
6.9.
6.9.1.
To provide for the impounding of dogs under the
provisions of this by-law a pound shall be established
which complies with the Regulations made pursuant to
the Animals for Research Act, R.S.O. 1990. c.A.22, as
amended.
6.9.2.
The pound shall be under the care and control of the
poundkeeper whose duty it shall be to impound all dogs
brought to him or her or found by him or her or others
contrary to this by-law.
6.9.3.
The poundkeeper shall keep a record of all dogs
impounded and disposed of and shall, as may be
required, report to Council or to such Committee as may
be designated by Council, the number of dogs
impounded, how each has been disposed of, the amount
collected for poundage fees and the proceeds of any
sales of dogs.
6.10.
6.10.1. It shall be the duty of the Animal Control Officer to capture all
dogs running at large and to return them to the owner's
residence, if known, or to take them to the pound where
they may be impounded.
6.10.2. Subject to the provisions of this section, the owner of the
impounded dog may redeem the dog from the pound
within seventy two (72) hours from the time of
impounding, exclusive of holidays and the day of
impoundment, by paying to the pound keeper the
applicable fees prescribed in Schedule "B' to this by-law
and any charges incurred for the services of a
veterinarian where necessary because a dog has been
injured or where it is required that the dog be destroyed.
6.10.3. The pound keeper shall notify the owner, where his or her
identity can be ascertained, that his or her dog has been
impounded and the time and place and conditions upon
which the dog can be reclaimed.
6.10.4. In the event that an impounded dog is not redeemed within
seventy-two (72) hours the dog shall become the
property of the pound keeper who may sell the dog or
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dispose of it as her or she deems fit. The owner of the
dog shall not be entitled to damages or compensation on
account of the disposition of the dog.
6.11.
A female dog found to be running at large in heat shall be held at
the pound until no longer in heat unless the owner makes
arrangements satisfactory to the pound keeper for the confinement
of the dog elsewhere. Such a dog shall not be held in the pound
longer than twenty-one (21) days for the purposes of this
subsection.
6.12.
Where a dog captured under this Section is found to be injured or ill
and should be destroyed without delay for humane reasons or for
reasons of safety to persons or animals, the Animal Control Officer
or other duly appointed officer may put down the dog in a humane
manner as soon after capture as he or she thinks fit without
permitting any person to reclaim the dog or without offering it for
sale. The owner of the dog shall not be entitled to damages or
compensation on account of its being put down.
6.13.
Any owner of a dog that has been captured or impounded who has
not obtained a dog licence for the current year or who is unable to
produce to the Animal Control Officer or pound keeper proof of
rabies vaccination of the dog within the preceding twelve (12)
months shall be required to purchase a licence and/or to have the
dog vaccinated at his or her expense before it is released to him or
her.
6.14.
When a dog is known to have bitten a person, the Medical Officer
may order that the dog be confined under supervised quarantine in
the pound, in a veterinarian's facility or in a building on the dog
owner's property for a period not to exceed fourteen (14) days in
accordance with the Regulations under the Health Protection and
Promotion Act, R.S.O. 1990, c.H.7, as amended.
6.15.
Any dog suspected of being rabid shall be placed in quarantine and
shall be examined by a licensed veterinarian who may order the
dog to be held in quarantine for a period of up to twenty-one (21)
days or, with the approval of the Medical Officer, may order the dog
to be put down in such manner that the brain is not damaged and
the head shall be submitted to a competent laboratory for diagnosis.
6.16.
It shall be the duty of the poundkeeper to care for all impounded
dogs in accordance with the Regulations made pursuant to the
Animals for Research Act.
7. DOG BITES
7.1.
Unless it is a police work dog, no owner of a dog shall fail to take all
precautions necessary to prevent the dog from biting or attacking
any person or from attacking, fighting with or biting any dog,
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domestic animal, domestic fowl, or livestock, whether on public or
private property.
7.2.
When a dog has bitten or attacked a person or has attacked, fought
with or bitten any dog, domestic animal, domestic fowl, or livestock,
the owner of the dog shall cause the dog to be muzzled or leashed
immediately and to remain muzzled or leashed until such time as
the incident has been reviewed by the Animal Control Officer. The
Animal Control Officer, as the result of his or her review, may:
7.2.1.
exempt the owner from the muzzling or leashing
requirement; or
7.2.2.
designate the dog as a vicious or dangerous dog, as the
result of which the owner must comply with Section 8 of
this by-law; or
7.2.3.
commence proceedings under the Dog Owners' Liability
Act, R.S.O. 1990, c. D.16, whereby the Ontario Court of
Justice may order penalties ranging from effective control
of the dog to its destruction.
7.3.
If the Animal Control Officer requires that a dog be leashed and/or
muzzled after biting a person, a dog, a domestic animal or domestic
fowl, or livestock, the owner of the dog may request, and is entitled
to, a hearing by council or a Committee thereof, the members of
which may exempt the owner from the muzzling or leashing
requirement, or both.
8. VICIOUS OR DANGEROUS DOGS
8.1. This Section shall not apply to police work dogs.
8.2. A dog shall be deemed a vicious or dangerous dog where:
8.2.1.
an Animal Control Officer has designated a dog as a
vicious or dangerous dog; or
8.2.2.
the dog has been deemed vicious or dangerous in
another jurisdiction or municipality; or
8.2.3.
the owner has specific knowledge of the dog's
temperament and behaviour which would classify the
dog as vicious or dangerous.
8.3.
The owner of a vicious or dangerous dog shall pay the licence fee
for a vicious or dangerous dog in accordance with Schedule 'E' of
the Fee and Charges By-law No. 2817-2011, as amended.
8.4.
Every person who owns or keeps a vicious or dangerous dog shall
keep the vicious or dangerous dog restrained at all times when on
the premises of the owner of the vicious or dangerous dog in
accordance with the provisions of this section;
8.5.
Every person who is obligated to restrain a vicious or dangerous
dog shall restrain the vicious or dangerous dog in accordance with
any written directives which may be given by an Animal Control
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Officer and such written directives may include the following
requirements:
8.5.1.
that such dog be muzzled in a humane manner at all
times when it is in, or at, any place other than the
premises of the owner; and
8.5.2.
that such dog be further restrained by whatever means
deemed appropriate and reasonable by the Animal
Control Officer.
8.6.
The owner of a dog to which a written directive to muzzle under this
by-law applies may request, and is entitled to, a hearing by council
or a Committee thereof, the members of which may exempt the
owner from the muzzling requirement if satisfied that it is
appropriate to do so.
8.6.
Where the owner of a dog is informed through a written directive
(order) that they must comply with this By-Law, the owner may
appeal the terms of that directive (order) to the Appeals Committee
pursuant to the provisions of the Appeals Committee By-Law 152-
2023 as amended, and the Appeals Committee may uphold the
directive (order), revoke the directive (order), or modify any of the
terms of the directive (order) if satisfied that it is appropriate to do
so. (as Amended by By-Law 188-2023)
8.7.
No person shall keep a vicious or dangerous dog in the County if
the vicious or dangerous dog has been found running at large in the
County or not restrained when on the premises of the owner of the
vicious or dangerous dog, or not restrained in accordance with
written directives of an Animal Control Officer.
8.8.
Upon registration, every person who keeps a vicious or dangerous
dog shall immediately notify the Municipality that the dog is vicious
or dangerous.
8.9.
No person shall fail to inform the Animal Control Officer of change
of ownership of the dog within fourteen (14) days of the transfer of a
vicious or dangerous dog from one owner to the other. Such
notification shall include identification of the dog, the name and
address of the transferee and transferor and any other information
which may be reasonably requested by the County.
8.10.
Every person or owner of a vicious or dangerous dog shall ensure
that the dog is under control of a person over the age of nineteen
(19).
8.11.
No person shall operate a kennel containing a vicious or dangerous
dog.
8.12.
No person or owner shall allow vicious or dangerous dogs to attack,
bite or fight with any dog, domestic animal, or domestic fowl or
livestock.
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8.13.
No person or owner of a vicious or dangerous dog shall fail to
inform the Animal Control Officer that the dog is vicious or
dangerous when a licence is being applied for.
8.14.
The owner of a vicious or dangerous dog shall post a sign of
reasonable size in a conspicuous place on his or her property
stating that there is a vicious or dangerous dog on the premises.
8.15.
No person or owner shall cause or permit a vicious or dangerous
dog to:
8.15.1.
threaten, bite or attack any person; or
8.15.2.
threaten, bite or attack any domestic animal; or
8.15.3.
damage public or private property.
8.16.
No person or owner of a vicious or dangerous dog shall use a chain
as a means of confinement.
8.17.
Any person or owner of a dog designated by an Animal Control
Officer as vicious or dangerous shall have a ten (10) day appeal
process to Council commencing when official notice of the
designation has been served. Such notice of appeal shall be in
writing setting out the appeal circumstances.
8.17.
Any person or owner of a dog that has been designated by an
Animal Control Officer or another duly appointed by-law
enforcement officer as vicious or dangerous pursuant to the
provisions of section 8.2.1 of this By-Law may appeal this
designation to the Appeals Committee pursuant to the Appeals
Committee By-Law 152-2023, as amended. Despite the provisions
of that By-Law, an appeal of a designation of a vicious or
dangerous dog shall be filed within ten (10) business days of the
date of the official notice of the designation has been served. Such
notice of appeal shall be in writing setting out the appeal
procedures in accordance with the Appeals Committee By-Law.
(as Amended by By-Law 188-2023)
9. SPORTING DOGS
9.1.
No person shall keep sporting dogs without a sporting dog licence.
9.2.
The owner of a group of sporting dogs shall pay annually to the
County, or its authorized agent, on or before the 31st day of March
in each year, a licence fee for such dogs in accordance with
Schedule 'E' of the Fee and Charges By-law No. 2817-2011, as
amended, shall complete a form of registration of the dogs, and
shall receive a sporting dogs' license for the current year.
9.3.
The maximum number of sporting dogs that may be kept at any one
location shall be ten (10).
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9.4.
Where the owner of a group of sporting dogs has complied with this
section he or she is not required to cause each of his or her
sporting dogs to be individually licensed by the County.
9.5.
No person shall keep more than (10) sporting dogs over three (3)
months of age at any one location.
9.6.
The owner of sporting dogs shall ensure that these dogs are
adequately housed and cared for.
9.7.
It shall be the responsibility of the owner to ensure that the activities
of his or her sporting dogs conform with the details of these
activities shown in the form of registration completed by the owner
and that such activities are carried out only on his or her property
unless the written permission of another property owner or owners
has been obtained for this purpose.
9.8.
No person owning sporting dogs shall engage his or her dogs, or
any of them, in activities other than those listed in the form of
registration.
9.9.
No sporting dog licence shall be issued unless the property is
located in an area in which kennels are permitted by the applicable
zoning by-law.
9.10.
Every person who received a sporting dog licence prior to
December 31, 2011 and cannot meet the requirement of subsection
9.9 may not obtain any new dogs but may receive a sporting dog
licence until such time as the existing dogs naturally, or otherwise,
are reduced to three (3).
9.11.
Every owner of a group of sporting dogs shall be subject to an
annual inspection by the Animal Control Officer, or other such
person or agency as may be designated by Council, to verify the
number of dogs kept and registered. Each dog shall be issued a
tag and be identified by that tag number on the registration.
9.12.
No persons owning sporting dogs shall permit the activities of such
dogs, or any of them, to be carried out on private property without
the written permission of the owner or owners of such private
property.
10. WASTE
10.1.
The owner of a dog shall forthwith remove any excrement left by the
dog on any land publicly or privately owned within the County of
Prince Edward, save and except for property owned or occupied by
the owner of the dog.
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10.2.
Section 10.1 of this by-law does not apply to any person who is
blind or visually impaired and whose dog is a guide dog trained to
assist the blind or visually impaired persons.
11. ADMINISTRATION
11.1.
This by-law shall be administered by the Corporation of the County
of Prince Edward.
12. PENALTIES
12.1.
Every person who contravenes any provision of this by-law is guilty
of an offence and upon conviction is liable to a fine as provided in
the Provincial Offences Act, R.S.O. 1990, c.P.33, as amended.
12.2.
Upon registering a conviction for a contravention of any provision of
this by-law the Ontario Court of Justice may, in addition to any
penalty imposed under subsection 12.1, make an order prohibiting
the continuation or repetition of the offence by the person convicted.
13. EXEMPTIONS
13.1.
Sections 3, 4, and 5 do not apply to:
13.1.1.
An animal hospital owned and operated by a
veterinarian licenced by the College of Veterinarians
of Ontario unless the animal hospital boards dogs for
non-medical reasons, in which case a kennel licence
is required; or
13.1.2.
The pound or a Humane Society shelter; or
13.1.3.
A pet store.
13.1 Sections 3, 4, and 5 do not apply to:
13.1.1
an animal hospital owned and operated by a
veterinarian licenced by the College of Veterinarians
of Ontario; or
13.1.2
the pound or a Humane Society shelter; or
13.1.3
a pet store.
(as amended by By-law 3239-2013)
14. SEVERABILITY
14.1.
In the event any Court, or competent jurisdiction, should judge that
any section or sections of this by-law are not valid for any cause,
such section or sections shall be deemed severable from the
remainder of the by-law and the remainder of the by-law shall stand
and be enforceable to the same extent as if the offending section or
sections had not been included herein.
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15. GENERAL
15.1.
This by-law does not preclude the Animal Control Officer from
implementing the provisions of the Dog Owners' Liability Act,
R.S.O. 1990, c. D.16.
15.2.
By-Law Nos. 404-2000, 701-2001, 754-2001, 1222-2004, 1777-
2006, 2174-2008 of the Corporation of the County of Prince Edward
are hereby repealed.
Read a first, second and third time and finally passed this 8th day of November,
2011.
Original By-Law Signed By:
Original By-Law Signed By:
________________________
_______________________
CLERK
Mayor
Victoria Leskie
Peter A. Mertens