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THE CORPORATION
OF THE TOWNSHIP
OF TAY
BY-LAW
NO. 2025-10
Being
a By-law
to Provide
for the
Licensing,
Regulating
and for the Control
of Dogs
within
the
Township
of Tay
WHEREAS
Section
8(1)
of the
Municipal Act, 2001,
5.0.
2001,
c.25,
herein
referred
to as "the Act", provide that the powers
of a municipality
under this or
any other Act shall be interpreted
broadly
so as to confer broad authority
on the
municipality
to
enable
the
municipality
to
govern
its affairs
as
it considers
appropriate
and to enhance
the
municipality's
ability
to respond
to municipal
issues.
AND WHEREAS
Section
8(3)
of the Act provides
that
a by-law
under sections
10 and 11 respecting
a matter
may,
(a) Regulate
or prohibit
respecting
a matter;
(b) Require
persons
to do things
respecting
a matter;
(c) Provide for a system
of licences respecting
a matter.
AND WHEREAS
under
Section
11 of the Act provides
that
a municipality
may
provide
any
service
or
thing
that
the
municipality
considers
necessary
or
desirable
for the public, such as but not limited to:
(a) Health, safety
and well--being of persons.
(b) Protection
of persons
and property,
including
consumer
protection.
(c) Animals.
AND WHEREAS
Section
103(1)
of the Act provides that if a municipality
passes
a
by--Iaw regulating
or
prohibiting
with
respect
to
the
being
at
large
or
trespassing
of animals,
it may provide for:
(a) The seizure
and
impounding
of animals
being
at
large
or trespassing
contrary
to the by-law;
and
(b) 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 the
animals are not paid, or
(iii) At such time and in such manner
as is provided
in the by-Iaw.
AND WHEREAS
Section
391(1)
of the Act provides that a municipality
may pass
by-Iaws
for
imposing
fees
or
charges
on
persons
for
services
or
activities
provided
or done by or on behalf of it;
AND WHEREAS
the
Council of the
Corporation
of the Township
of Tay
has
deemed
it necessary
to pass
a by-law
regulating
or prohibiting
the
keeping
of
dogs and the establishment
of kennels and to provide for the leashing,
muzzling,
and licensing
of dogs and the licensing
of kennels.
NOW
THEREFORE
THE
COUNCIL
OF
THE
CORPORATION
OF
THE
TOWNSHIP
OF TAY ENACTS
AND BE IT ENACTED AS FOLLOWS;
1.
DEFINITIONS
"Applicant"
shall
mean
a
person
or
corporation
having
made
an
Application
pursuant
to this By-Iaw;
"Bite"
shall mean a piercing
or puncture
wound to the skin as a result of
contact
with a dog's tooth or teeth;
By-law 2025--10
Page 2
"Canine/Dog"
shall mean a male or female
dog over the age of twelve
(12) weeks;
"Capable
Person"
shall mean
a person
of sufficient
size and status
to
be able to control and restrain
a dog to such an extent
that the physical
well being of any person
or animal
is not threatened;
"Clerk"
shall mean
the Clerk appointed
by the Council of the Corporation
of the Township
of Tay pursuant
to the Act;
"Council"
shall mean
the council of the Corporation
of the Township
of
Tay;
"Dangerous
Act" shall mean
an act where a dog has bitten or attacked,
or a combination
of both, against
a person
or domestic
animal;
"Dangerous
Dog"
shall mean
any dog that:
(a)
Has killed a person
or domestic animal, regardless
of circumstances;
(b)
Has bitten or injured
a person
or domestic
animal;
(c)
Has attacked
or injured a person
or domestic
animal;
(d)
Has
shown
the
disposition
or
tendency
to
be
threatening
or
aggressive;
(e)
Is
kept
for
the
purposes
of
security
or
protection,
whether
residential,
commercial
or industrial, of a person's
property;
(f)
Has been declared
Dangerous
in another
Municipality.
"Dog
Tag/License"
shall
mean
a tag
or license
bearing
the
serial
number
and the
current
year
which
it was
issued
by the Clerk, their
designate,
or an Officer of the Corporation
of the Township
of Tay;
"Dwelling
Unit"
shall mean
one
or more
habitable
rooms
designed
or
intended
for use
by any
person(s)
in which sanitary
conveniences
are
provided and in which separate
kitchen and sanitary
facilities are provided
for the
exclusive
use
of such
person(s),
which
shall
include
any
real
property
associated
with such dwelling unit;
"Harbour"
shall mean
to shelter,
house,
or possess
a dog for a period of
less than
thirty
(30)
days,
provided
that
the dog is owned
by someone
other than a person
normally
a resident
in the dwelling unit in which the
dog is harboured
and proof of a different
permanent
address
for the dog
can be provided;
"Kennel"
shall mean
any establishment
where
more than two (2) dogs
are kept for the purpose
of show, training,
keeping,
breeding
and raising
for profit
or gain,
but shall
not
apply
to the
keeping
of animals
in a
veterinary
establishment
for the purpose
of observation
and/or recovery
necessary
to veterinary
treatment;
"Leash"
shall mean
a chain,
rope,
or other
similar device
of not more
than 1.9 metres
(6 feet) in length which is designed
to be held by a person
and is used or designed
to be used to restrain
a dog;
"Municipal
Law Enforcement
Officer"
shall mean
a person
appointed
by the
Council
for the
purposes
of carrying
out
the
enforcement
of
Municipal By-laws;
"Municipality/Township"
shall mean the Corporation
of the Township
of Tay;
By-law2025-10
Page 3
2.1
3.1
"Muzzle"
shall mean a covering
for the snout of a dog that when fastened
over the dog's snout
and mouth,
prevents
biting or eating;
"Owner"
shall mean
any person
who harbours,
keeps or possesses
a dog
and where the owner
is a minor, the person
responsible
for the custody
of the minor;
"Person"
shall mean
any individual, their representative
and their heirs,
executors
and assigns
and shall also include a corporation
with or without
share
capital,
any association,
firm, partnership,
or private
club;
"Police
Work
Dog"
shall mean
any dog trained
to aid law enforcement
officers
and used
by such officers
in the execution
of their duties;
"Pound"
shall
mean
such
premises
and
facilities
designated
as
a
Township
Animal
Shelter
and
Pound
for
the
use
of the
detention,
maintenance
or disposal
of dogs that have been impounded
pursuant
to
this By-law or the Dog Owner's Liability Act;
"Poundkeeper"
shall mean
the person
appointed
by the Council of the
Corporation
of the Township
of Tay to maintain
a Pound and any servants
or agents
of such person
or organization;
"Running
At Large"
shall mean the running
at large of a dog when it is
found on a highway,
public space,
or any other
property,
other than the
property
where is it usually kept, and not under the control of any person;
"Personal
Assistance
Dog" shall mean any dog used by a person
with
a disability
for reasons
relating
to the disability
and the owner
has a valid
identification
card signed
by the Attorney
service.
"Working
Farm
Dog"
shall mean
a dog that
is specifically
trained
to
work
and
live with domestic
farm
animals
without
causing
them
harm
while aggressively
repelling
predators
and
is used
exclusively
for that
purpose
and belongs
to one of the breeds
defined
as a Working
Dog by
the Canadian
Kennel Club
LIMIT OF TWO (2)
DOGS IN A DWELLING
UNIT
No person
shall,
whether
temporarily
or
permanently
harbour,
keep,
possess,
or license more than two (2) dogs in a dwelling unit, unless the
person
or dwelling
unit holds a valid Kennel License
issued
pursuant
to
Section
4 of this By-law.
LICENSING
OF DOGS
Every owner of a dog which is twelve (12) weeks and older, shall:
(a)
Ensure
that each dog owned is registered
and licensed appropriately
with the Township
for each calendar
year.
Every
license will expire
on the 31Stday of December
of the year it was issued;
(b)
Register
and license the dog with the Township
before the 1Stday of
March of that
year,
unless
an Officer
has directed
a dog owner
to
purchase
tags
before the date of March 1Stof that year;
(c)
Upon
establishing
temporary
or
permanent
residency,
or
upon
becoming
an owner of a new dog shall within thirty
(30) days ensure
that
each dog owned
is registered
and licensed
with the Township;
By-Iaw 2025-10
Page 4
(d)
Upon application
for a license, provide
verification
of current
rabies
vaccination,
or written
verification
by a veterinarian
of satisfactory
rabies protection
for each dog;
(e)
Securely
fasten
on the
collar
of the
dog
the
tag
issued
by the
Township;
and
(f)
Pay the annual
licensing
fee, as set
out in the Township's
User Fees
and Service
Charges
By-law,
and in the event
that a dog tag
is lost,
obtain
a replacement
tag for the applicable
fee set
out in the Fees
and Charges
By-law.
3.2
No person shall:
(a)
Harbour, keep, or possess
a dog in a dwelling unit, unless a valid dog
tag has been issued, and the license fee required
by this By-law has
been
paid in accordance
with the Township's
Fees and Charges
By-
law;
(b)
Harbour,
keep, or possess
a dog within the Township
of Tay,
unless
such dog has affixed to it at all times a current
dog tag issued under
this By--law;
(c)
Fail to provide
verification
of current
rabies
vaccination,
or written
verification
by a veterinarian
of satisfactory
rabies
protection
for
each dog, upon request
of an Officer;
(d)
Affix a dog tag to any dog other
than the dog for which the tag
has
been issued;
and
(e)
Knowingly
provide
false
information
when
applying
for a license
under this By-law.
4.
KENNELS
Licensing
4.1
Prior
to the
issuance
of a kennel
license,
an
Officer
shall conduct
an
inspection
and be satisfied
that the premises
are suitable for the purpose
of a kennel and in compliance
with the requirements
set out herein.
4.2
Every
person
who applies for a kennel license shall:
(a)
Apply for a license from the Township
before the 1Stday of March of
that
year;
(b)
Submit
a Site
Plan drawing
showing
the
location
and
separating
distances
of all buildings
on the
property
including
the
proposed
location of the kennel, fencing,
dog runs, and any facilities which are
to be used for kennel/boarding
purposes;
(c)
Pay the annual
licensing
fee, as set out in the Township's
User Fees
and Service
Charges
By--law;
(d)
Provide
Canadian
Kennel
Club
number
if
registered
with
the
Canadian
Kennel Club Incorporated;
(e)
Ensure
the kennel building and its location conform to the applicable
zoning
By-laws and the Ontario
Building Code; and
By-Iaw2025-10
Page 5
(f)
Be located in a separate
building.
4.3
No person
shall operate
a kennel
without
first applying
for and obtaining
a kennel
license
and the fee required
by this
By--lawhas
been
paid in
accordance
with the Township's
User Fees and Service
Charges
By-law.
General
requirements
4.4
Every
person
who owns or operates
a kennel shall:
(a)
Obtain a license from the Township
for each calendar
year before the
date of March 1St of that
year.
Every
license
will expire
on the 31S
t
day of December
of the year it was issued;
(b)
Display the kennel license in a conspicuous
place on the premises
for
which the license
is obtained;
(c)
Keep the dogs in a sanitary,
well-bedded,
well ventilated,
free from
offensive
odours, naturally
lighted,
clean quarters
at an appropriate
temperature
at all times;
(d)
Adequately
feed and give water
to the dogs periodically
each day and
keep them
in a clean and healthy
condition
free
from
vermin
and
disease;
(e)
Ensure
the outdoor
areas
are
regularly
cleaned
and sanitized
and
excrement
removed
and properly
disposed
of daily;
(f)
Where
a clipping
and
grooming
service
is performed,
carry
out all
clipping and grooming
services
in the kennel building only;
(9)
Have
regard
to the
guidelines
set
out
in "A Code of Practice
for
Canadian
Kennel Operations"
(May 2007);
Outdoor
housing
requirements
4.5
If dogs
are
being
housed
in outdoor
housing,
the
following
additional
regulations
shall apply:
(a)
The
breed
of dog
must
be properly
acclimatized
to seasonal
and
regional
temperatures;
and
(b)
An enclosed
area
with
dry
bedding
which
provides
shelter
and
protection
from cold and heat must be provided,
including
protection
from direct sunlight,
rain, sleet, and snow.
Kennel
facility
requirements
4.6
Every
person
who
owns
or operates
a kennel
shall ensure
the kennel
facility has:
(a)
A floor of concrete
or other
impermeable
material
and shall have
a
drain opening
constructed
as a plumbing
fixture
and such floor shall
be thoroughly
cleaned
daily, or more often if necessary;
(b)
Electrical lighting;
(c)
Windows
which may be opened
for proper ventilation;
By-law 2025-10
Page 6
4.6
4.7
4.8
4.10
4.11
5.1
5.2
5.3
5.4
5.5
(d)
A heating
system
sufficient
to adequately
heat the building;
(e)
Hot and cold running
water;
and
(f)
A food preparation
area.
Where dogs
are permitted
to use an outside
area,
all related
structures
and enclosures
used
in connection
with the
operation
that
are
located
adjacent
to a zone that permits
a dwelling unit or is located adjacent
to a
public road, shall be screened
by a solid fence or structure
that cannot
be
seen
through
and having
a required
minimum
height
of at least five (5)
feet. The fenced
in area
shall not be permitted
in the front yard.
Notwithstanding
any other
provisions
of this By-law,
the Township
may
attach
a condition to a kennel license limiting the number of dogs which
shall be kept in the kennel. The Township
has the right to impose
specific
conditions
on any license
issued
pursuant
to this By-law.
A license issued pursuant
to this By-law is non-transferrable.
In the event
that the Kennel business
is sold, the new owners shall be eligible
for a
license under the same conditions which the current
license was obtained.
An Officer
may
at
any
reasonable
time,
enter
onto
the
premises
to
conduct
an inspection
of the kennel and any place where
dogs are kept
ensuring
compliance
with the applicable
by-laws
of the Municipality.
If the owner or operator
fails to comply with a by--lawof the Municipality,
the Officer may direct the dogs
to be seized,
and the kennel
license
be
suspended
or revoked.
NOISE
No owner of a dog shall permit
a dog or dogs to persistently
howl, bark,
or create
other similar persistent
noise, which in the opinion of an Officer
disturbs,
or is likely to disturb the inhabitants
of the Township
of Tay.
If, upon being warned of a complaint
by the Of?cer, the owner of the dog,
which is the subject
of the complaint
fails to restrain
the dog from causing
noise,
the
owner
of the
dog
shall
be deemed
to
have
committed
an
offence
under this By-law.
Every
person
who owns or operates
a kennel shall undertake
measures
to ensure
that
residences
on adjacent
properties
are
not subjected
to
persistent
howling,
barking,
or other similar persistent
noise made by the
dogs kept at such kennel.
Where the Municipality
receives
a complaint
about
noise emissions
from
a licensed kennel, an officer shall investigate
such complaints
and may at
their
sole discretion
initiate
a prosecution
with
respect
to an alleged
contravention
of subsection
5.3.
Where
a kennel
is found to be in non-compliance
of three
(3) or more
violations of subsection
5.3 in one license term, the Of?cer or Council may
order the owner or operator
to submit,
at its expense
a noise evaluation
study
prepared
by a qualified
acoustical consultant
and may suspend
the
license
to operate
a kennel until such time as the noise evaluation
study
has
been
reviewed
and
approved
by the
Municipality
and
satisfactory
arrangements
for the implementation
of any noise abatement
measures
have been made,
including
the entering
into of any agreements
and the
By--law2025-10
Page 7
5.6
6.1
6.2
6.3
6.4
7.1
8.1
8.2
posting
of any
securities
required
to
ensure
the
completion
of any
required
noise abatement
measures.
Section
5.5
may
also apply
to an application
for a building
permit
to
increase
the housing
capacity
of a licensed kennel.
DOGS RUNNING
AT LARGE
Every owner
of a dog shall keep the dog leashed and under the control of
a person
when the dog is on land in the Township,
unless consent
is given
by the person
owning
the land on which the dog is found.
No owner
of a dog
shall
permit
their
dog
to
run
at
large
within
the
Township
of Tay.
A dog running
at large may be seized by any person,
who shall forthwith
deliver the dog to an Officer.
The Officer may destroy
any dog running
at large if it:
(a)
Represents
a threat
to the safety
of any person or animal; or
(b)
Is severely
injured.
REMOVAL
OF DOG EXCREMENT
Every
person
who owns,
controls,
or
harbours
a
dog
shall
remove
forthwith
any excrement
left by such dog on public or private
property
and shall dispose
of such excrement
in a sanitary
manner.
SEIZURE
AND IMPOUNDING
Subject
to Section
6 of this By-law,
an Officer may
seize
and impound
any dog found running
at large.
Subject
to Section
6 of this By-law,
an Officer may
restore
possession
of
the dog to the owner therefore,
where:
(a)
The owner claims possession
of the dog within ?ve (5) business
days,
(exclusive
of statutory
holidays
and weekends);
(b)
The owner provides
proof that such dog is licensed with the Township
for the current
year,
or if unlicensed,
provides
proof of current
rabies
vaccination,
and pays for a license for the current
year;
(c)
Notwithstanding
Section
8.2 (b), if such dog does
not have a current
rabies vaccination,
the owner shall identify the missing
inoculation
in
the
Canine
Release
Form
and
acknowledge
that
if
a
rabies
vaccination
and dog tag
is not obtained
within 30 days
of release,
the owner is guilty of a separate
offence under this By-law;
(d)
A Canine
Release
Form is completed
by a Municipal Law Enforcement
Officer,
identifying
that the Township
has no further
reason
to hold
the dog and consents
to its release;
(e)
The owner
pays to the Poundkeeper
a seizure
and pound fee for each
day the dog has been impounded,
commencing
the day the dog was
seized
to the
day the dog is removed
as per the Township's
User
Fees and Service
Charges
By-law; and
By--Iaw2025-10
Page 8
8.3
8.4
8.5
8.6
8.7
9.1
(f)
The
owner
pays
to
the
Poundkeeper
the
cost
of all damages,
expenses,
veterinary
care, vaccinations
or immunizations
associated
with the impoundment
of the dog.
The Officer shall make all reasonable
efforts
to identify
and contact
the
owner
of every
stray
dog received, whether
the dog is living or deceased.
Any dog impounded
and
not wearing
a tag for the current
year,
may at
the
discretion
of the
Poundkeeper,
be given
an inoculation
to provide
temporary
immunization
against
distemper
or any
other
contagious
or
infectious
diseases.
Where the owner of a dog has not claimed the dog within five (5) business
days
after
it's seizure
under
Subsection
6.2, the
Poundkeeper
may sell
the dog for such price as they deem reasonable.
Where the owner of a dog has not claimed the dog within five (5) business
days
after
it's seizure
under
Subsection
6.2, and the dog has not been
sold, the Poundkeeper
may dispose
of the dog in a humane
manner
or as
they
see
fit and
no damages
or compensations
shall be recovered
on
account
of its disposal or other disposition.
Where
a dog seized under Section
5.2 of this By-law is injured
or should
be destroyed
without
delay:
(a)
For humane
reasons,
the Officer or Poundkeeper
may authorize
the
destruction
of the dog in a humane
manner
as soon as after seizure
as a veterinarian
gives
approval,
where
possible,
without
permitting
any
person
to reclaim
the
dog or without
offering
it for sale.
No
damages
or
compensation
shall
be
recovered
on
account
of
destruction;
or
(b)
For safety
reasons
to persons
or animals, the Officer or Poundkeeper
may authorize
the destruction
of the dog
in a humane
manner
as
soon
after
seizure
as they
see fit without
permitting
any person
to
reclaim
the
dog
or without
offering
it for
sale.
No damages
or
compensation
shall be received
on account
of the destruction.
MUZZLE ORDER
An Officer may serve a Muzzle Order to an owner of a dog:
(a)
Provided that
it is a first offence
on record with the Municipality;
(b)
Notwithstanding
Section
9.1 (a), if it is in the opinion of the Officer,
that the first offence
on record with the Municipality
is severe,
that
Officer
may,
declare
the
dog
as
a Dangerous
Dog,
requiring
the
subject
dog owner
to comply
with the requirements
of a Dangerous
Dog under Section
10.2 of this By--law;
(c)
After
observing
or
receiving
evidence
of a
dog's
temperament,
disposition,
or history
of aggressiveness
which may result in the dog
biting a person or domestic
animal; or
(d)
Upon receipt
by the Township,
a signed
declaration
attested
to by
the Clerk of another
Municipality
where
the dog has bitten another
person
or domestic
animal, or, has a temperament,
disposition,
or
By-law 2025-10
Page 9
9.2
history of aggressiveness
which may result in the dog biting a person
or domestic
animal.
A Muzzle Order shall be served
personally
or by registered
mail to the last
known address.
Such Order that has been served
by registered
mail and
shall be deemed
to have
been
received
by the
person
to whom
it was
served
to on the fifth (5th) day after
it is mailed.
Requirements
9.3
9.4
9.5
10.
10.1
10.2
10.3
Where
an
owner
is served
with
a
Muzzle Order,
the
owner
shall
immediately,
at the owner's
expense
ensure
that:
(a)
Whenever
on the
property
of the owner,
cause
such dog subject
to
the Muzzle Order to be tethered
to the side or rear yard
by a leash
or con?ned
to the side or rear yard
by a six (6) foot fully enclosed
pen or similar structure
of sufficient
design
and strength
to contain
the dog in a way that prevents
the dog from going beyond
the limits
of the owners
property;
(b)
Whenever
off the property
of the owner, cause
such dog subject
to
the Muzzle Order
to be restrained
by means
of a securely
attached
muzzle and a leash with a maximum
length
of one (1) metre
made
of sufficient
strength.
The dog shall be under the control of a capable
person
sixteen
(16) years
and older;
(c)
The Township
is provided
with a copy of current
rabies vaccination
records;
(d)
The Township
has an up-to-date
photo of the dog that is the subject
of a Muzzle Order; and
(e)
All terms
and requirements
made
in the Muzzle Order are complied
with.
The Muzzle Order shall be in effect for two (2) years
unless
an Application
for Appeal or Review has been made and the decision to rescind the Order
has been provided.
Any person
who fails to comply with any requirements
of a Muzzle Order
or any
other
Order
of the
Township
under
this
by-law
is guilty
of an
offence.
DANGEROUS
DOG ORDER
Every owner
of a dog shall exercise
reasonable
precautions
to prevent
the
dog from engaging
in a dangerous
act.
Without limiting anything
in this By-law, an owner of a dog that engages
in a dangerous
act is liable to prosecution
under the Dog Owner's Liability
Ac, R.S.O.
1990,
c. D. 16, as amended.
An Officer may declare
a dog a Dangerous
Dog:
(a)
If the
Officer
has
reasonable
grounds
to
believe
that
a dog
has
engaged
in a dangerous
act against
a person
or domestic
animal; or
(b)
Where
the dangerous
act occurred
while the dog was subject
of a
or a court
order under the Dog Owners
Liability Act.
u
(a
' '
By-law 2025-10
Requirements
Page 10
10.4
When an owner
is served
with a Dangerous
Dog Order, the owner of the
Dangerous
Dog shall:
10.5
(a)
immediately,
at the owner's expense,
ensure
that:
(i)
(ii)
(iii)
(iv)
Whenever
on the property
of the owner, cause such dog subject
to the Dangerous
Dog Order to be confined
indoors or confined
to the side or rear
yard
by a six (6) foot fully enclosed
pen or
similar structure
of sufficient
design and strength
to contain
the
dog in a way that prevents
the dog from going beyond the limits
of the owners
property;
Whenever
off the property
of the owner, cause such dog subject
to the
Dangerous
Dog Order
to be restrained
by means
of a
securely
attached
muzzle and a leash with a maximum
length
of one (1) metre
made of sufficient
strength.
The dog shall be
under the control of a capable
person
eighteen
(18) years
and
older;
The
Township
is
provided
with
a
copy
of
current
rabies
vaccination
records; and
The Township
has an up--to-date
photo
of the dog that
is the
subject
of a Dangerous
Dog Order.
(b)
within thirty
(30) days,
at the owner's
expense,
ensure that:
(C)
(d)
(i)
(ii)
(iii)
The
subject
dog
is licensed
as
a
Dangerous
Dog
with
the
Township
and the fee required
by this By-law has been paid in
accordance
with the Township's
User Fees and Service
Charges
By-law, and that the Dangerous
Dog wears the tag provided by
the Township
at all times;
A sign is displayed
at each entrance
to the property
and building
in which the dog is kept
warning
in writing,
as well as with a
symbol that there
is a Dangerous
Dog on the property.
This sign
shall
be
visible
and
legible
from
the
nearest
road
or
thoroughfare;
The Dangerous
Dog is spayed
or neutered;
and
(iv) The Dangerous
Dog is microchipped.
within
ninety
(90)
days,
at the owner's
expense,
ensure
that
the
subject
dog completes
a socialization
or obedience
training
program.
Every owner of a Dangerous
Dog shall notify an Officer,
in writing,
within forty-eight
(48) hours:
(i)
(ii)
(iii)
Of any changes
to the residence
of the Dangerous
Dog;
Of the transfer
of ownership
of the Dangerous
Dog; and
If the Dangerous
Dog has been euthanized
or has passed
away.
If the
owner
of a dog
that
has
been
designated
by an
Officer
as
a
Dangerous
Dog
and
is
unwilling
or
unable
to
comply
with
the
requirements
of this
By-law,
the
Dangerous
Dog
shall
be
humanely
By-law 2025-10
Page 11
10.6
10.7
10.8
11.
11.1
11.2
11.3
12.
12.1
euthanized
by an animal shelter,
an animal control agency,
or licensed
veterinarian.
The owner shall have the Dangerous
Dog euthanized
within
seven
(7) days of receipt
of an order to that effect from the Officer.
Any
dog that has been designated
as a Dangerous
Dog under this By-Iaw shall
not be offered
for adoption.
The owner of such dog shall comply with all terms
and requirements
made
in the Dangerous
Dog Order.
An Officer shall have the authority
to make whatever
inquiry
is deemed
necessary
to
ensure
compliance
with the
provisions
outlined
in this
section.
Any person
who fails to comply
with any
requirements
of a Dangerous
Dog Order or any other Order of the Township
under this by-law is guilty
of an offence.
APPEAL OF MUZZLE ORDER OR DANGEROUS
DOG ORDER
The owner
of a dog who has been served
a Muzzle Order or Dangerous
Dog Order may apply for an Application for Appeal to the Township
Clerk.
The
owner
applying
for
an
appeal
shall
comply
with
the
following
requirements:
(a)
The Application for Appeal shall be submitted
within fifteen
(15) days
following
service
of the Order,
and the
review
fee shall be paid in
accordance
with the Townships
User Fees and Service
Charges
By-
law;
(b)
Prior to the appeal
delegation
to Council, the owner
of the dog shall
pay any and all outstanding
fines imposed
for the contravention
of
any provisions
of this By-law;
(c)
The
owner
of the
subject
dog
shall
comply
with
all terms
and
requirements
of the
Muzzle Order
or
Dangerous
Dog
Order
until
Council has rendered
a decision.
Following
the appeal
delegation,
a written
copy of the decision
made
by
Council shall be prepared,
as soon as is practical
after the conclusion
of
the review
and shall be delivered
personally
or sent
by registered
mail to
the owner at the address
shown on their application.
Subject
to the
provisions
of this By-law,
if a request
for appeal
is not
submitted
to the Township
Clerk in accordance
with the provisions
set out
in this By--Iawthe order is deemed
to be in effect.
REVIEW OF MUZZLE ORDER OR DANGEROUS
DOG ORDER
The owner
of a dog who wishes
to apply for an Application
for Review
may only be eligible for a review
if the following
requirements
have been
met:
(a)
All terms
and requirements
made in the Muzzle Order or Dangerous
Dog Order
have been complied with;
(b)
There have been
no further
contraventions
of this By-law;
(c)
Any and all outstanding
fines imposed
for the contravention
of any
provisions
of this By-law have been paid;
By-law 2025-10
Page 12
12.2
12.3
13.
(d)
The subject
dog
has
not engaged
in any
dangerous
behaviour
or
subsequent
acts within the last (12) months;
and
(e)
The subject
dog has received socialization
or obedience
training.
The owner
of a dog who has been served
a Muzzle Order or Dangerous
Dog Order may apply for an Application for Review to the Township
Clerk.
The
owner
applying
for
a
review
shall
comply
with
the
following
requirements:
(a)
The Application
for Review shall be submitted
any time after one (1)
year following
service
of the Order, and the review
fee shall be paid
in accordance
with the Townships
User Fees and Service
Charges
By
--
law;
(b)
Provide
proof of socialization
or obedience
training;
(c)
The
owner
of the
subject
dog
shall
comply
with
all terms
and
requirements
of the
Muzzle Order
or Dangerous
Dog Order
until
Council has rendered
a decision.
Following the delegation,
a written
copy of the decision
made by Council
shall be prepared,
as soon as is practical after the conclusion of the review
and shall be delivered
personally
or sent
by registered
mail to the owner
at the address
shown on their application.
EXEMPTIONS
Limit of two
(2)
dogs
in a dwelling
unit
13.1
13.2
13.3
13.4
The following
types
of dogs
are required
to be registered
and licensed
with the Township
but are exempt
from the two (2) dog limit as well as
any
associated
licensing
fees,
if documentation
can
be
provided
to
confirm the dog is a:
(a)
Personal Assistance
Dog; or
(b)
Police Work Dog.
Owners
of agricultural
or rural property
as defined in the Township
of Tay
Zoning
By-law
consisting
of five acres
or more
with livestock,
fowl or
swine shall be allowed up to four working
farm dogs and such dogs shall
be licenced in accordance
with this by--law.
The Manager
of Municipal law Enforcement
Services
may
authorize
an
exemption
pursuant
to Section
2.1 subject
to such terms
and conditions
as are necessary
to give effect to this by-law.
If the Manager
of Municipal
Law Enforcement
Services
refuses
the
exemption,
the
applicant
may
appeal
the
decision
to Council within seven
(7) days
of receiving
the
decision. The Clerk shall notify the applicant
in writing of Councils decision
and that
decision
will be final and no further
right of appeal
shall be
granted.
Such exemption
pursuant
to Section
13 of this By-law shall automatically
expire
when:
(a)
Any person
who has received
an exemption
fails to annually
license
any dogs in their possession;
By-law 2025-10
Page 13
(b)
Any person
who has received
an exemption
contravenes
any section
of this By-law and receives
a set fine; or
(c)
Circumstances
results
in the
number
of dogs
in their
possession
being reduced
to two (2).
Licensing
of dogs
13.5
13.6
Noise
13.7
A kennel operator
with an active
and valid kennel license
is not required
to apply for a license pursuant
to Section
3 of this By-law in respect
to
dogs harboured
at the kennel.
Licensed Veterinarians,
Animal Shelters
or Pounds and Pet Stores
shall
not be required
to obtain
a kennel
license under this By-law.
Police Work Dogs and Livestock Guardian
Dogs are exempt
from Section
5 of this By-law if actively
engaged
in the performance
of its duties.
Dogs
Running
at large
13.8
Personal
Assistance
Dogs,
Police Work Dogs, and Working
Farm Dogs
are exempt
from Section
6 of this By-Iaw if actively
engaging
in the
performance
of its duties.
Removal
of Dog Excrement
13.9
14.
14.1
14.2
15.
15.1
15.2
15.3
Proof that the owner
is either a visually impaired
person
or a physically
disabled
person
shall exempt
the individual from being prosecuted
under Section
7 of this By-law.
OBSTRUCTION
No person
shall hinder or obstruct,
or attempt
to hinder or obstruct,
any
Officer exercising
a power of performing
a duty under
this By-law.
Any person
who is alleged
to have contravened
any provision
of this By-
law shall identify themselves
to the Officer upon request.
Failure to do so
shall
be deemed
to
have
obstructed
or
hindered
the
Officer
in the
execution
of their duties.
ENFORCEMENT AND POWERS
OF ENTRY
An Officer as defined in this By-law is hereby
vested
with the authority
to
enforce
this By--law.
An Officer may enter
on a lot at any reasonable
time for the purpose
of
carrying
out an inspection
to determine
whether
or not the following are
being complied
with:
(a)
The provisions
of this By-law;
or
(b)
A direction,
Notice, or Order issued under this By--law.
Where
an inspection
is conducted
by the Township,
an Officer may:
(a)
Require the production
for inspection
of documents
or things
relevant
to the inspection;
By-Iaw 2025-10
Page 14
15.4
15.5
16.
16.1
16.2
16.3
17.
17.1
17.2
17.3
17.4
17.5
(b)
Inspect
and remove
documents
or things
relevant
to the inspection
for the purpose
of making
copies
or extracts;
or
(c)
Require
information
from any person
concerning
a matter
related to
the
inspection
including
their
name,
address,
phone
number
and
identification.
Every Owner or Person
occupying
the property
shall permit
an Officer to
inspect
any land for the purposes
as set out in this By-law. An Officer may
be accompanied
by a person
under the Officer's direction.
Power of entry
may be exercised
by an Officer as defined
in this By-law.
OFFENCES
Every person
who contravenes
any provision of this By--Iawshall be guilty
of an offence
and
upon
conviction
is liable to a fine
pursuant
to the
Provincial
Offences
Act, R.S.O.
1990,
c. P. 33, as amended.
No person
shall contravene
any Order, permit,
license, or direction issued
by the Township
pursuant
to this By-law or the Municipal Act.
Pursuant
to Section
429(2)
of the Municipal Act, all contraventions
of this
By-law
or Orders
issued
under
this
By-law are
designated
as multiple
offences
and
continuing
offences.
A multiple
offence
is an offence
in
respect
of two (2) or more
acts
or omissions
each of which separately
constitute
an offence
and is a contravention
of the same provisions
of this
By-Iaw.
PENALTIES
Every
person
who contravenes
any of the provisions
of this by-law
and
every
director
or officer of a corporation,
who knowingly
concurs
in the
contravention
by the
corporation,
is guilty
of an
offence
under
the
provisions
of the Municipal Act, 2001,
5.0.
2001,
c. 25, as amended.
Every
person
who contravenes
the
provisions
of this by-law
and every
director
or
officer
of a
corporation,
who
knowingly
concurs
in the
contraventions
by the corporation,
is guilty of an offence
and liable on
conviction
to a penalty
where
the
minimum
fine shall not exceed
$500
and a maximum
fine shall not exceed
$100,000
exclusive
of costs under
the provisions
of the Municipal Act 2001, 5.0.
2001, c. 25, as amended.
For the purpose
of continuous
offences,
every
person
who contravenes
any provision
of this by-law and every
director
or Officer of a corporation
who knowingly
concurs
in the contravention
of a by-law of the corporation
is guilty of an offence and liable on conviction
to a penalty
not exceeding
$10,000,
exclusive
of costs
under
the
provisions
of the
Municipal Act,
2001, 5.0.
2001, c. 25, as amended.
Despite
section
14.3 and the provisions
of the Municipal Act, 2001,
5.0.
2001, c. 25 as amended,
the total of all daily fines for the offence
is not
limited to $100,000.
For the purpose
of multiple offences,
every
person
who contravenes
any
provision
of this by-law and every
director
or officer of a corporation
who
knowingly
concurs
in the contravention
of a by-law of the corporation
is
guilty of an offence and liable on conviction to a penalty
not exceeding
By-Iaw2025-10
Page 15
17.6
17.7
17.8
17.9
17.10
17.11
18.
18.1
19.
19.1
20.
20.1
21.
21.1
22.
22.1
$10,000,
exclusive
of costs
under the
provisions
of the Municipal Act,
2001, 5.0.
2001, c. 25, as amended.
Despite
section
14.5 and the provisions
of the Municipal Act, 2001,
5.0.
2001, c. 25, as amended,
the total of all daily fines for the offence
is not
limited to $100,000.
Every
person
who fails to comply with an Order made under this By-Iaw
is guilty of an offence.
It shall be an offence
for a person
to hinder or obstruct,
or attempt
to
hinder or obstruct,
an Officer who is exercising
a power or performing
a
duty
under
the
Municipal Act, 2001,
as amended,
or under
a by-law
passed
under the Municipal Act, 2001, as amended.
Any
person
who
has
been
alleged
to
have
contravened
any
of the
provisions
of a by-law passed
under the Municipal Act, 2001, as amended
shall identify themselves
to the Officer upon request.
Failure to do so shall
be deemed
to have obstructed
or hindered the Officer in the execution
of
the Officer's duties.
Every
person
who contravenes
any section
of this by-law under a Part 1
ticket,
upon
conviction
shall be liable to a fine as provided
for in the
Provincial
Offences
Act, R.S.O 1990, Chapter
P.33,
as amended.
Upon conviction
any penalty
imposed
under this By-law may be collected
under the authority
of the Provincial Offences
Act, R.S.O. 1990, Chapter
P.33, as amended.
TOWNSHIP
NOT LIABLE
The Township
assumes
no liability for property
damage,
damage
to the
animal
or personal
injury
resulting
from remedial
action,
remedial
work
and
enforcement
undertaken
with
respect
to
any
person,
animal
or
property
that
is subject
of this by-law.
VALIDITY
AND SEVERABILITY
Should
any section,
subsection,
clause,
paragraph,
or provision
of this
bylaw be declared
by a Court
of competent
jurisdiction
to be invalid or
unenforceable,
the same
shall not affect the validity
of the enforceability
of any other
provision
of this by--law, or of the by-Iaw as a whole.
SEPARATE
OFFENCE
For the purpose
of this by-law,
each day of a continued
offence
shall be
deemed
to be a separate
offence.
SHORT TITLE
The short title of this by-law is the Canine Control By-law.
REPEAL
By--lawNo. 2017-43,
as amended,
is hereby
repealed.
; LL;
,
By-law2025-10
23.
ENACTMENT
23.1
That this by-Iaw shall come into force and take effect upon approva
the set fines appended
hereto, from the Ontario
Court of Justice
(Provincial
Division).
THAT BY-LAW NO. 2025-10
BE ENACTED AS A BY-LAW OF THE TOWNSHIP
OF TAY
THIS 26th DAY OF MARCH, 2025.
THE CORPORATION
OF THE TOWNSHIP
OF TAY
?g
MAYOR, Ted Wa
er
elyn
Johns
Page 16
'
SCHEDULE 'A' TO BY-LAW
2025-10
PART 1 Provincial
Offences
Act
- Set
Fine Schedule
THE CORPORATION
OF THE TOWNSHIP
OF TAY
By-law
No. 2025-10,
Canine
Control
and
Dog Licensing
By--law
Item
Column
1
Column
2
Column
3
Short
Word
Form
Wording
Provision
Set
Fine
Creating
or
Defining
Offence
1
Harbour more than two dogs
in a dwelling
2.1
$150.00
unit
2
Fall to license dog for current
year
3.1(a)
$150.00
3
Fall to securely
fasten
a dog tag to a dog at
3.2(b)
$150.00
all times
4
Fail to provide verification
of current
rabies
3.2(c)
$300.00
vaccination
5
Use a tag for a dog not being the licensed
3.2(d)
$150.00
dog
6
Falsify any information
when applying for a
3.2(e)
$300.00
license
7
Fail to obtain a kennel
license
4.3
$300.00
8
Fall
to
comply
with
the
general
4.4
$150.00
requirements
of a kennel
9
Fall to comply
with
the
outdoor
housing
4.5
$150.00
requirements
of a kennel
10
Fail to
comply
with
the
kennel
facility
4.6
$150.00
requirements
11
Permit
noise from a dog likely to disturb
5.1
$150.00
12
Permit dog to run at large
6.2
$300.00
13
Fail
to
remove
dog
excrement
from
7.1
$150.00
property
14
Fail
to
comply
with
muzzle
order
9.5
$300.00
requirements