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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2025-031-RE
BEING A BY-LAW to regulate and control the keeping of
animals and to license dogs within the Town of
Whitchurch-Stouffville and to repeal by-law 2019-047-RE.
WHEREAS in the Municipal Act, 2001, S.O. 2001, c. 25, as amended, (the
"Municipal Acf'), Section 11 (3) 9 authorizes municipalities to pass by-laws with
respect to animals; and,
WHEREAS Section 103 of the Municipal Act confers the power to regulate or
prohibit animals from being at large or trespassing and for the seizure and
impoundment of animals found at large or trespassing contrary to the by-law under
certain conditions; and,
WHEREAS Section 105( 1) of the Municipal Act provides that if a municipality
requires the muzzling of dogs under any circumstances that the Council of a
municipality shall upon the request of the dog owner, hold a hearing to determine
whether or not to exempt the owner in whole or in part from the muzzling
requirements; and
WHEREAS Council deems it appropriate to delegate its powers under Section
105(1) of the Municipal Act to conduct a hearing to the Appeals Committee for The
Corporation of the Town of Whitchurch-Stouffville (the 'Town"); and ,
WHEREAS Section 391 of the Municipal Act enables a municipality to pass a by-
law imposing fees or charges for services or activities provided or done by or on
behalf of it; and,
WHEREAS the Council of the Town deems it desirable to regulate and control the
keeping of animals; and
WHEREAS the Council of the Town deems it desirable to license dogs; and
WHEREAS Section 434.1 of the Municipal Act provides that a municipality may
require a Person to pay an administrative penalty if the municipality is satisfied that
a person has failed to comply with a by-law of the municipality passed under the
Municipal Act; and,
WHEREAS Section 436 of the Municipal Act provides that a municipality has the
power to pass by-laws providing that the municipality may enter on land at any
reasonable time for the purpose of carrying out an inspection to determine
compliance with a by-law; and,
WHEREAS Section 444 of the Municipal Act provides that a municipality may make
an order requiring a person who contravened a by-law or who caused or permitted
the contravention or the owner or occupier of the land on which the contravention
occurred to discontinue the contravening activity; and
WHEREAS the Town has passed By-law 2024-039-RE, being a By-law to establish
an administrative monetary penalty system for violations of designated by-laws
within the Town of Whitchurch-Stouffville, in accordance with Sections 102.1 (3)(a)
and 434.1 of the Municipal Act, and 0. Reg. 333/07, as amended;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
By-law 2025-031-RE
Page 2 of 17
1. That the short title of this By-law be the "Animal Services By-law";
2. That this By-law shall come into force and effect on 16th day of April, 2025;
and
3. That By-law 2019-047-RE is hereby repealed.
READ a first and second time this 16th day of April, 2025.
READ a third time and passed this 16th day of April, 2025.
Contents
By-law 2025-031-RE
Page 3 of 17
1.
DEFINITIONS ................................................................................................. 4
2.
LICENSING OF DOGS ................................................................................... 7
3.
RESPONSIBILITY OF ANIMAL OWNERS ..................................................... 8
4.
RESPONSIBILITY OF ANIMAL SERVICES OFFICER ................................ 10
5.
DANGEROUS DOGS ................................................................................... 11
6.
PROHIBITED ANIMALS ............................................................................... 14
7.
FEEDING OF WILDLIFE .............................................................................. 15
8.
LEG HOLD TRAPS ...................................................................................... 15
9.
RECOVERY OF EXPENSES ......... .................. ............................................ 15
10.
POWER OF ENTRY ..................................................................................... 15
11.
PENAL TY AND ENFORCEMENT ................................................................ 16
12.
SEVERABILITY ............................................................................................ 17
13.
TRANSITION PROVISION ........................................................................... 17
1. DEFINITIONS
By-law 2025-031-RE
Page 4 of 17
a. "AMPS" and "Administrative Monetary Penalty System By-law" means
By-law 2024-039-RE of the Town, as amended from time to time, or
any successor thereof.
b. "Animal" means any member of the animal kingdom, other than
humans, fish and aquatic invertebrates.
c. "Animal Services Officer" includes:
i.
a Municipal Law Enforcement Officer, a Supervisor of
Municipal Law Enforcement and the Manager of Municipal
Law Enforcement employed by the Town;
ii.
A person or class of person designated as such by a by-law of
the Town;
iii.
Any Person providing any animal services service by contract
to the Town; and
iv.
Any employee, agent or representative of such Person.
d. "Animal Shelter" means such property, premises and facilities
designated as the Town's animal shelter which are used for the
purpose of the temporary housing and care of Domestic Animals that
have been impounded or taken into Protective Care pursuant to this
By-law.
e. "Appeals Committee" means a Committee that is appointed by Council
for the purpose of hearing appeals regarding Muzzle Orders, pursuant
to this By-law.
f.
"Bite" means piercing or puncturing of the skin as a result of contact
with a Dog's tooth or teeth.
g. "Clerk" shall mean the Clerk of The Corporation of the Town of
Whitchurch-Stouffville.
h. "Consent Order" shall mean an undertaking signed by the Owner of a
Dog to adhere to certain restrictions with respect to the methods to be
used in restraining his or her Dog when it comes into contact with
other persons or Domestic Animals.
i.
"Council" means the Council of The Corporation of the Town of
Whitchurch-Stouffville.
j.
"Dangerous Dog" means any of the following:
i.
A Dog that has killed a person, Domestic Animal or livestock,
regardless of circumstances;
ii.
A Dog, in the absence of any Mitigating Factor, that has bitten
or injured or harmed a person, Domestic Animal or livestock;
iii.
A Dog that is kept for the purposes of security or protection,
whether residential, commercial or industrial, on a person's
property;
iv.
An attack-trained Dog other than Dogs used in law
enforcement;
By-law 2025-031-RE
Page 5 of 17
v.
A Dog which has been declared dangerous in another
municipality in Ontario.
k. "Dog" shall mean any male or female Dog over the age of 16 weeks.
I.
"Dog Owners' Liability Acf' means the Dog Owner's Liability Act,
R.S.O. 1990, c. D.16, as amended.
m. "Domestic Animal" means any Animal that is kept under human
control, ownership, possession or by habit or training lives in
association with human beings, including, but not limited to a horse,
cow, chicken, dog or cat.
n. "Keep or Keeping" means to have temporary or permanent control,
ownership, or possession of an Animal;
o. "Large Livestock Animal" means any animal commonly raised in an
agricultural setting and who's species' adult weight is typically over
150lbs which includes, but is not limited to, a horse, cow, donkey, or
pig.
p. "Leash" means a restraining device attached to the collar or harness
worn by a Domestic Animal not more than 2 meters in length and of
sufficient strength to restrain the Domestic Animal.
q. "Leg Hold Trap" means a trap that is designed to capture but not kill an
Animal by seizing and holding it by a leg.
r.
"Licence" means a dog licence issued pursuant to this By-law.
s. "Licence Tag" means a disc or other shape of metal or plastic
furnished by the Town suitable to be securely affixed to a Dog's collar
or other restraining device, which must be worn by the Dog whenever
the Dog is off the Owner's property.
t.
"Licensing Officer" shall mean the person or persons authorized by the
Town to issue Dog Licences and to collect the required fees.
u. "Microchip" means an approved Canadian standard encoded
identification device implanted into an Animal which contains a unique
code that permits or facilitates access to Owner information, including
the name and address of the Owner of the Animal.
v. "Mitigating Factor" means a circumstance which explains aggressive
behaviour of a Dog and, without limiting the generality of the foregoing,
may include circumstances where:
i.
the Dog was, at the time of the aggressive behaviour, acting
in defence to an attack by a person or another Animal;
ii.
the Dog was, at the time of the aggressive behaviour, acting
in defence of its young or reacting to a person or Domestic
Animal trespassing on the property of its Owner; or
iii.
the Dog was, at the time of the aggressive behaviour, being
teased, provoked, or tormented.
By-law 2025-031-RE
Page 6 of 17
w. "Municipal Law Enforcement Manager" shall mean the Municipal Law
Enforcement Manager of the Town or the person designated to act on
his or her behalf.
x. "Muzzle" means a basket-style covering device of adequate strength
over the mouth of a Dog to prevent the Dog from biting.
y. "Muzzle Order or Order to Muzzle" means a mandatory requirement to
restrain a Dog by means of a Leash and Muzzle and any such other
means as the Town may order.
z. "Owner'' means any person, partnership, association or corporation
that owns, possesses or harbors an Animal, and where the Owner is a
minor, the person responsible for the custody of the minor, and
includes a person who is temporarily the keeper or in control of the
Animal.
aa. "PAWS" means the Provincial Animal Welfare Service within the
Ontario Ministry of the Solicitor General.
bb. "Pet Shop" means a place where Animals for use as pets are sold or
kept for sale.
cc. "Pigeon" means any kind of pigeon and includes any pigeon whether
wild or kept as a pet or for consumption.
dd. "Police Work Dog" means a Dog trained for and actually engaged in
law enforcement for the police or other person duly appointed as a
peace officer.
ee. "Pound" means such property, premises and facilities designated as
the Town's Animal Shelter and pound.
ff. "Premises" means the building or property exclusively owned or
occupied by the Owner of an Animal. Where the Owner has exclusive
possession of part of a building or property, only that portion of the
property of which the Owner has exclusive possession.
gg. "Protective Care" means the temporary time-limited Keeping of a
Domestic Animal by the Town of Whitchurch-Stouffville as the result of
a fire, a medical emergency, a natural disaster, or the incarceration of
the Owner of the Animal.
hh. "Run at Large" or "Running at Large" shall mean any Domestic Animal
found in any place other than the Premises of the Owner and not
controlled by a Leash in the hand of the Owner.
ii. "Senior Citizen" means a person who is sixty-five (65) years of age or
older.
jj. "Service Dog" means a Dog identifiable by a harness and trained by a
recognized school for service as a guide Dog or special skills Dog for
persons with a disability and includes a Dog used in therapy,
registered with a recognized organization for that purpose.
By-law 2025-031-RE
Page 7 of 17
kk. "Small Livestock Animal" means any animal commonly raised in an
agricultural setting and who's species' adult weight is typically under
150lbs which includes, but is not limited to, a chicken, turkey, duck,
guinea fowl, or emu.
II. "Town" means The Corporation of The Town of Whitchurch-Stouffville
or the geographic area within the Town of Whitchurch-Stouffville, as
the context may require.
mm.
"Wild Animal" or "Wildlife" means an Animal that belongs to a
species that is Wild by Nature.
nn. "Wild by Nature" means existing or living in a state of nature, not under
human domestication, and not usually tamed.
2. LICENSING OF DOGS
2.1.
Every Owner of a Dog shall, upon becoming the Owner of such Dog,
ensure a Licence is purchased for the current year for each Dog owned.
2.2. At the time of application for a Licence to be issued, the Owner shall
provide:
a. A completed application form provided by the Town;
b. the applicable Licence fee as set out in the Town's current Fees and
Charges By-Law, as may be amended or replaced from time to time;
c. any additional documents as the Town sees fit, such as proof of
spaying/neutering or breed, and any costs incurred in obtaining such
documents shall be at the applicant's expense.
2.3.
A new resident of the Town shall not be required to pay a Licence fee for a
Dog if the Licence Tag for said Dog has already been obtained for the
current year from another municipality in which he or she has previously
been a resident in the current year, providing such Licence Tag is forfeited
to an Animal Services Officer, or Licensing Officer in exchange for a Town
Licence Tag.
2.4.
Any Person who produces evidence to the Town showing that the Dog is a
Service Dog as defined in this By-law, shall be exempt from paying the
Licence fee. For clarity, an application must still be submitted and Licence
issued by the Town.
2.5.
Further to the requirements of Section 2.2 of this By-Law, every Owner
with a Dog which has been declared a Dangerous Dog shall annually
provide proof of current rabies vaccination, and shall pay an annual fee as
set out in the Town's current Fees and Charges By-Law, as may be
amended or replaced from time to time.
2.6.
The Dog Licence shall be renewed annually on or before the 28th day of
February each year and shall expire on the 31st day of December of the
same year.
2. 7.
Every Owner, including a Person in control, possession, or ownership of,
or in apparent control, possession, or ownership of a Dog shall keep the
Licence Tag securely fixed on the Dog at all times (except while the Dog is
being used for hunting purposes as provided for in the Fish and Wildlife
Conservation Act, 1997, S.O. 1997, c. 41 ).
By-law 2025-031-RE
Page 8 of 17
2.8.
In the event a Licence Tag is lost, the Owner shall, obtain a replacement
Licence Tag upon payment of the fees prescribed by the Town's current
Fees and Charges By-Law, as may be amended or replaced from time to
time.
2.9.
No person shall remove a Licence Tag from a Dog without the consent of
the Owner thereof.
2.10. Every Owner of a Dog under the age of 16 weeks which has been
impounded pursuant to this By-law shall License the dog and pay the
annual License Tag fee prior to redeeming the dog.
2.11. Police Work Dogs, Dogs in the custody of PAWS, Dogs in the custody of
an animal shelter are exempt from section 2.1 of this By-Law.
2.12. No Owner of a Dog shall use a Licence Tag issued to him or her for any
Dog other than the Dog for which the Licence Tag was issued. The
Licence Tag is not transferable.
3. RESPONSIBILITY OF ANIMAL OWNERS
Number of Animals
3.1.
No Person within any residential, commercial, industrial, or institutional
zoned property in the Town shall Keep more than four (4) Dogs per
property or in the case of a multi-residential apartment building, per unit.
This section does not apply to the following:
a. The operation of a licensed kennel with a valid kennel licence;
b. An accredited veterinary facility regulated by the College of
Veterinarians of Ontario;
c. A Pet Shop;
d. An animal shelter; and
e. All other zoned property.
3.2.
Notwithstanding Section 3.1, the total number of Domestic Animals
including Dogs per single dwelling unit within any residential, commercial,
industrial, or institutional zoned property in the Town, shall not exceed six
(6).
Domestic Animals Running at Large
3.3.
No Owner of a Domestic Animal shall allow a Domestic Animal to Run at
Large within the limits of the Town, unless prior consent is given by the
owner of the property in which the Domestic Animal is found to be Running
at Large.
3.4.
Where a Domestic Animal is found to be Running at Large, the Owner
shall be deemed to have caused or permitted it to be Running at Large,
unless the Owner can prove, on a balance of probabilities, that the Owner
took all reasonable precautions to control the Domestic Animal and to
prevent the Domestic Animal from Running at Large.
3.5. Police Work Dogs, or working Dogs employed under contract to the Town,
actively engaged in the performance of their trained duty are exempt from
complying with the requirements of section 3.3.
By-law 2025-031-RE
Page 9 of 17
3.6.
Any person who takes charge of any Domestic Animal found Running at
Large shall deliver same to an Animal Services Officer or the Town's
Animal Shelter as soon as is reasonably practical.
3. 7.
Where an Animal is impounded, the Owner, if known, shall be liable for all
charges and fees in accordance with the Animal Shelter fee schedule and
the Town's Fees and Charges By-law, as may be amended or replaced
from time to time, and shall pay all such charges to the Town, whether or
not the Domestic Animal is claimed from the Animal Shelter or pound
facility.
Stoop and Scoop
3.8.
Every Owner of a Dog shall immediately remove and properly dispose of
excrement left by such Dog on any private or public property in the Town,
other than on the Owner's property by placing such excrement in a
garbage receptacle.
3.9.
Every Owner of a Dog shall remove and properly dispose of all excrement
on the Owner's property on a regular basis so not to cause a nuisance or,
disturb the use and enjoyment, of any other person's property.
Barking
3.1 O. No Owner shall allow a Dog to make or cause noises, repetitive barking, or
howling that is likely to disturb the inhabitants of the Town or that
constitutes a public nuisance.
Trespass
3.11 . No Owner of a Domestic Animal shall allow it, whether Leashed or
unleashed, to trespass on private property.
Tethering
3.12. No Person in the Town shall Keep a Domestic Animal tethered on a chain,
rope or similar restraining device of less than 3 metres in length.
3.13. No Person shall leave a Domestic Animal tethered or tied on public
property.
3.14. No Person shall leave a Domestic Animal unattended while tethered or tied
on any property where the public has access, whether access is expressed
or implied.
3.15. Every Person who has tethered an Animal on a Leash shall ensure that the
animal has unobstructed movement within the range of the tether and that
the Animal shall not suffer an injury resulting from the tether.
Pigeons
3.16. No Person shall Keep or harbour any Pigeons in a residential, institutional,
industrial or commercial zoned property in the Town.
3.17. All Owners of Pigeons are to Keep the Pigeons enclosed within the coop
except during flying times.
By-law 2025-031-RE
Page 10 of 17
3.18. All Pigeon coops shall be located in the rear yard and setback a minimum
of 4.5 metres away from any side or rear lot line as those terms are
defined in the current Town of Whitchurch-Stouffville Comprehensive
Zoning By-law.
Dog Bites/Attacks
3.19. No Owner shall permit or allow a Dog to Bite or attack a person or
Domestic Animal.
Livestock Animals
3.20. No Owner shall Keep any Small Livestock Animal on any residential,
commercial, industrial, or institutional zoned property in the Town.
3.21. No Owner shall Keep any Large Livestock Animal on any residential,
commercial, industrial, or institutional zoned property in the Town.
3.22. No Owner shall allow a Small Livestock Animal to Run at Large within the
limits of the Town, unless prior consent is given by the owner of the
property in which the Animal is found to be Running at Large.
3.23. No Owner shall allow a Large Livestock Animal to Run at Large within the
limits of the Town, unless prior consent is given by the owner of the
property in which the Animal is found to be Running at Large.
3.24. No Owner of a Small Livestock Animal shall allow it, whether Leashed or
unleashed, to trespass on private property.
3.25. No Owner who owns, harbours, or possesses a Large Livestock Animal
shall allow it, whether Leashed or unleashed, to trespass on private
property.
Leash Free Dog Parks
3.26. Every person shall comply with rules as posted at entrance to all Town-
operated Leash free dog parks.
4. RESPONSIBILITY OF ANIMAL SERVICES OFFICER
4.1 . An Animal Services Officer may seize and impound any Domestic Animal
found Running at Large within the limits of the Town or any Dog found
without a Licence or Domestic Animal found trespassing on private
property.
4.2.
Any Domestic Animal so impounded, if not retrieved by the Owner, shall be
fed and watered for a period of not less than five (5) days, excluding the
day on which the Domestic Animal was impounded and excluding the days
that the Animal Shelter and/or pound is not opened to the public, and if not
redeemed at the expiration of the five (5) day period, may be sold,
adopted, given to fostering facilities or euthanized.
4.3.
The Animal Services Officer and Animal Shelter staff shall, within twenty-
four (24) hours from the impounding of any Domestic Animal, make every
reasonable effort to notify the Owner, if known, that the Domestic Animal is
impounded and the conditions whereby custody of the Domestic Animal
may be regained.
By-law 2025-031-RE
Page 11 of 17
4.4.
The Animal Services Officer at his or her discretion may impound any sick
or injured Domestic Animal found Running at Large.
4.5.
No attempt may be made by any authority to claim or purchase Animals for
the purpose of research, notwithstanding the provisions of the Animals for
Research Act, R.S.O. 1990, c. A. 22 and no Animal shall be offered for
same for the purpose of research.
4.6.
During the redemption period set out in Section 4.1, the Owner of a
Domestic Animal can redeem a Domestic Animal upon payment of all
applicable fees including any veterinarian costs in accordance with the
Animal Shelter fee schedule as well as the Town's Fees and Charges By-
law, as may be amended or replaced from time to time.
4.7. No Owner shall be entitled to redeem said Dog until a current Licence Tag
is procured for said Dog. The Owner will be charged according to the
current licensing fees.
4.8.
At the discretion of the Animal Services Officer or Animal Shelter, if an
Animal is seriously injured, or should be euthanized without delay for
humane reasons, or for the safety of a person or Animal, the Animal shall
be euthanized forthwith.
4.9.
If an Animal is injured and the services of a veterinarian are secured, the
Owner shall not be entitled to redeem the Animal unless the charges for
such veterinary services are paid, in addition to other charges provided for
in this By-law, and/or the Town's Fees and Charges by-law, as may be
amended or replaced from time to time.
4.10. The Town is authorized to receive Domestic Animals into Protective Care
as a result of a fire, a medical emergency, a natural disaster, the
incarceration of the Owner of the Animal, or for any other situation that the
Municipal Law Enforcement Manager deems appropriate.
4.11. Domestic Animals which are received into Protective Care by the Town
shall only be kept on a temporary basis for up to a maximum of five days.
4.12. When the Town receives an Animal into Protective Care, the Owner of the
Animal shall pay to the Town all applicable fees as outlined in the Animal
Services fee schedule, as well as costs incurred on behalf of such Animal
by the Town for all required veterinary care prior to redeeming the Animal.
4.13. If an Animal has not been claimed by the Owner or a person designated by
the Owner at the end of the five-day period outlined in Section 4.11 of this
By-law, the Town will treat such Animal as day-one impounded as outlined
in Section 4.1 of this By-law.
5. DANGEROUS DOGS
General Provisions
5.1. The Municipal Law Enforcement Manager, Animal Services Supervisor,
and the Municipal Law Enforcement Supervisor shall be empowered to
declare a Dog a Dangerous Dog;
By-law 2025-031-RE
Page 12 of 17
a. upon receipt of a signed declaration, attested to by a witness who saw
the altercation. The declaration must identify the Dog, the Dog Owner
and the Dog Owner's address; and
b. the Dog has committed acts that would satisfy the definition of a
Dangerous Dog in this By-Law.
5.2.
Where a Dog is declared a Dangerous Dog, the Manager of Municipal Law
Enforcement Manager, and/or Supervisor of Municipal Law Enforcement/
Animal Services , within two days of receipt of a duly executed declaration,
deliver or send by registered mail an Order to Muzzle to the Owner of the
Dangerous Dog requiring that the Dog be Muzzled and restrained pursuant
to the provisions of this By-law. Such notice that has been served by
registered mail shall be deemed to have been received by the person to
whom it is addressed on the fifth (5th) day after the day it is mailed.
5.3. An Owner of a Dangerous Dog upon receipt of an Order to Muzzle shall,:
a. while the dog is on Premises:
Keep the Dog inside a building or house or in an enclosed pen of
sufficient dimension and strength to be humane or within a securely
fenced yard where the fence is a minimum height of 1.8 metres (6 ft.)
in order to prevent a Dog from coming into contact with persons ( other
than the Owner of the Dog). The enclosed pen or the fenced yard shall
be equipped with a locking device to be designed in such a manner
that the pen or gate cannot be opened from the outside by a small
child. The Owner is responsible for ensuring that the Dog is prevented
from escaping and Running at Large;
b. while the Dog is off the Premises, ensure:
i.
That the Dog is securely on a Leash with a maximum length of
1.83 metres (6 ft) and of sufficient strength to restrain the Dog
and keep it from chasing a person or Domestic Animal;
ii.
That a Muzzle is humanely fastened over the mouth of a Dog to
prevent the Dog from biting or attacking a person or Domestic
Animal;
iii.
That the Dog is under the control of a person sixteen ( 16) years
of age or older.
iv.
That the Dog is identified with a Microchip implantation at the
Owner's expense and register the said Microchip number with
the Municipal Law Enforcement Manager or Supervisor; within
thirty (30) days.
v.
That the Municipal Law Enforcement Manager or Supervisor is
notified within forty-eight (48) hours after the ownership of the
Dog is transferred to another person or municipality;
vi.
That the Municipal Law Enforcement Manager or Supervisor is
notified within forty-eight (48) hours of any changes to the
residency of the Dog;
vii.
That the Municipal Law Enforcement Manager or Supervisor is
notified within forty-eight (48) hours should the Dog be
destroyed.
5.4.
Every Order to Muzzle shall include a statement advising the Owner of the
ability to make application for a hearing before the Appeal Committee in
accordance with the provisions of this By-Law.
By-law 2025-031-RE
Page 13 of 17
5.5.
The Owner shall comply with all terms and requirements made in an Order
to Muzzle.
5.6.
Where the Owner of the Dog is in contravention of the Order to Muzzle, the
Owner shall release custody of the Dog to an Animal Services Officer who
shall impound the Dog at an Animal Shelter until hearing of any appeal, or
should the time to appeal expire, dispose of such Dog in the manner
provided in section 4.2 or 4.6 of this By-law;
5.7.
Section 5.1 of this By-law shall not apply to a Police Work Dog.
Appeal
5.8.
Where a Dog has been declared a Dangerous Dog by the Municipal Law
Enforcement Manager or Supervisor, pursuant to the provisions of this By-
law, the Owner of the Dog may apply for a hearing in respect of such
Order to Muzzle.
5.9.
An application for a hearing under Subsection 5.10 shall be made in writing
and delivered to the Clerk within thirty (30) days after the Order to Muzzle
has been served.
5.10. Upon receipt of the application for a hearing from an Owner of the alleged
Dangerous Dog, the Clerk shall convene a meeting of the Appeals
Committee and shall give the Owner of the Dog and the person who saw
the alleged Dangerous Dog Bite a person or a Domestic Animal, (7) days
written notice by personal service or registered mail of the time, date and
location of the hearing.
5.11. The Owner applicant and any other interested person may appear at the
hearing and present oral or written evidence relating to the Dog.
5.12. When the Owner of the Dog does not attend at the proper time and place,
the Appeals Committee may proceed with the hearing in his or her
absence and the Owner shall not be entitled to any further notice of the
proceeding.
5.13. The Appeals Committee shall deliberate the merits of the evidence
presented and shall render its decision at the meeting or shall reserve its
decision to be presented later, which shall not be later than ten ( 10) days
following the date of the hearing.
5.14. The Appeals Committee may confirm the Order to Muzzle or exempt the
Owner of the Dog from any of the Muzzling, restraining or Leashing
requirements, or all, or may dispose of an appeal by Consent Order.
5.15. The decision of the Appeals Committee is final and binding.
5.16. Notwithstanding that an Owner has applied for a hearing to appeal the
Notice to Muzzle, the Order to Muzzle takes effect when it is served on the
Person to whom it is directed and remains in effect until the Appeals
Committee has made its decision on the appeal.
5.17. A written copy of the decision of the Appeals Committee, pursuant to
Section 5.15 or the Consent Order, pursuant to Section 5.16, shall be
prepared, as soon as is practicable after the conclusion of the hearing, and
By-law 2025-031-RE
Page 14 of 17
shall be delivered or mailed by ordinary mail to the Owner at the address
shown on his or her application, the defendant, Police, the Region of York
Public Health Department, Animal Services Officer, Municipal Law
Enforcement Manager, Members of Council, Appeals Committee Members
and the Clerk.
5.18. The Notice of the hearing or any matter which arises relating to the
proceedings of the Appeals Committee not covered in the provisions of this
By-law shall be governed by the Statutory Powers Procedures Act, R.S.O.
1990, c. S.22.
6. PROHIBITED ANIMALS
6.1.
No person shall Keep any of the following Animals as Domestic Animals:
a. All marsupials (such as kangaroos and opossums);
b. All non-human primates (such as gorillas and monkeys);
c. All felids, except the domestic cat;
d. All canids, except the domestic Dog;
e. All viverrids (such as mongooses, civets and genets);
f.
All mustelids (such as skunks, weasels, otters, badgers except the
domestic ferret
g. All ursids (bears);
h. All perissodactylus ungulates, except the domestic horse and ass;
i.
All artiodactylus ungulates, except the domestic goat, sheep, pig, and
cow;
j.
All procyonids (such as raccoons, coatis and cacomistles);
k. All hyaenas;
I.
All elephants;
m. All pinnipeds (such as seals, fur seals and walruses);
n. All snakes of the families pythonidae and boidae, except for the
species ball python (python regius);
o. All venomous reptiles;
p. All ratite birds (such as ostriches, rheas and cassowaries);
q. All diurnan and nocturnal raptors (such as eagles, hawks, owls, and
falcons);
r.
All edentates (such as anteaters, sloths and armadillos);
s. All bats;
t.
All crocodilians (such as alligators and crocodiles); and
u. All arachnids (such as tarantulas).
6.2.
Examples of Animals of a particular prohibited group in Section 6.1 are
given in parentheses. They are examples only and shall not be construed
as limiting the generality of the group.
6.3.
Sections 6.1 and 6.2 of this By-law apply within the entire geographic area
of the Town except in the following locations:
a. Any animal shelter operated by or under the auspices of any
government or governmental agency;
b. Any hospital or health care facility operated by or under the auspices
of any government or governmental agency where such Animal is
used for the purpose of medical testing or experimentation; and
c. Any property, premises or facilites maintained under the auspices or
supervision of PAWS; and
d. On the property of a licensed Wildlife Rehabilitation Centre.
7. FEEDING OF WILDLIFE
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Page 15 of 17
7.1.
No person shall feed a Wild Animal or leave food or attractants of any type
or in any form out of doors in such a manner as to attract, or be accessible
by a Wild Animal, or feral Domestic Animal on private or public property.
7.2.
Section 7.1 does not apply to the feeding of song birds on a property,
provided the following feeding requirements are met by the resident:
a. Seed is placed in a bird feeding device that is sufficiently above grade
as to not attract or be accessible by Wild Animals;
b. Bird feeding practices do not attract large flock of homing birds such
as wild, feral or domestic Pigeons; and
c. Spillage of seed upon the ground is removed by the property owner or
resident forthwith and disposed of in such a manner that it does not
attract Wild Animals, feral or stray Domestic Animals.
7.3.
Section 7.1 does not apply in the following situations:
a. The leaving of food as bait in a trap by a property owner or resident to
capture a nuisance Animal inhabiting or habituating their property
pursuant to the Fish and Wildlife Conservation Act, 1997, S.O.1997,
c.41.
b. The leaving of food as bait by a licensed trapper, an employee of a
licensed wildlife or pest control agency, a Municipal Law Enforcement
Officer, an Ontario Society for the Prevention of Cruelty to Animals
Agent, or Police Officer in the performance of their duties.
8. LEG HOLD TRAPS
8.1.
Unless otherwise permitted by law, no person shall leave a Leg Hold Trap
or foot hold trap in any place where it may reasonably capture any Animal.
8.2.
Unless otherwise permitted by law, no person shall capture any Animal by
means of a Leg Hold Trap or foot trap.
9. RECOVERY OF EXPENSES
9.1.
The Town shall have the right to recover from the Owner of an Animal all
costs incurred in applying and enforcing this By-law which costs shall
include but not be limited to an administration fee, any expenses including
veterinary fees, livestock appraisal fees, and any charges permitted by any
federal or provincial legislation, or any other By-Law of the Town.
10.POWER OF ENTRY
10.1. The Town may enter on a property 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;
b. an order issued underthis By-law; or
c. an order made under Section 431 of the Municipal Act, 2001, S.O.
2001, Chapter 25, as amended.
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Page 16 of 17
11.PENALTY AND ENFORCEMENT
AMPS
11.1
Every Person who contravenes any provision of this By-law is liable for
the fines and administrative fees set out under the Administrative Monetary
Penalty System By-law 2024-039-RE, as amended or replaced from time to
time.
11.2
Every Person who is in contravention of the provisions of this By-law
may request a review of the matter in accordance with the Administrative
Monetary Penalty System By-law 2024-039-RE, as amended or replaced
from time to time.
11.3
Every Person who contravenes any provision of this By-law, including
an Order issued under this By-law, is guilty of an offence and upon conviction
is liable to pay a fine as provided for by the Provincial Offences Act, R.S.O.
1990, Chapter P.33, as amended.
11.4
Every Person who is guilty of an offence under this By-law shall be
subject to the following penalties:
i.
Upon a first conviction, to a fine of not less than $200.00 and not more
than $50,000.00;
ii.
Upon a second or subsequent conviction for the same offence, to a
fine of not less than $200.00 and not more than $100,000.00;
iii.
Upon conviction for a continuing offence, to a fine of not less than
$500.00 and not more than $10,000.00 for each day or part of a day
that the offence continues. The total of the daily fines may exceed
$100,000.00;
iv.
Upon conviction of a multiple offence, for each offence included in the
multiple offence, to a fine of not less than $200.00 and not more than
$10,000.00. The total of all fines for each included offence is not
limited to $100,000.00.
11.5
For the purposes of this By-law, "multiple offence" means an offence in
respect of two or more acts or omissions each of which separately
constitutes an offence and is a contravention of the same provision of this
By-law.
11.6
For the purposes of this By-law, an offence is a second or subsequent
offence if the act giving rise to the offence occurred after a conviction had
been entered at an earlier date for the same offence.
11. 7
Where a Person is convicted of an offence under this By-law, the court
General
in which the conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the continuation or
repetition of the offence by the person convicted.
11.8
Whether non-compliance is addressed through an AMPS penalty or a
charge under the Provincial Offences Act shall be determined by the
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Page 17 of 17
Animal Services Officer at their sole discretion. Such factors to be
considered when making this determination include, but are not limited to,
the degree of the non-compliance, whether there is a history of non-
compliance, whether property damage occurred, whether human life or
safety was put at risk or lost, whether Animal life or safety was put at risk
or lost; and any Mitigating Factor.
11.9
If an order has been issued under this By-law, and the order has not
been complied with, the contravention of the order, each day shall constitute
a "continuing offence" being a new and separate contravention.
11.1 O
Every Person shall comply with any notice or order issued under the
authority of this By-law.
11.11
No Person shall provide false information or give a false statement to
an officer, employee and/or agent of the Town in the lawful exercise of a
power or duty under this By-law.
11.12
No Person shall hinder or obstruct, nor attempt to hinder or obstruct,
either directly or indirectly, an officer, employee and/or agent of the Town in
the lawful exercise of a power or duty under this By-law.
12. SEVERABILITY
12.1. If a court of competent jurisdiction should declare any section or part of a
section of this By-law to be invalid, such section or part of a section shall
not be construed as having persuaded or influenced Council to pass the
remainder of this By-law and it is hereby declared that the remainder of the
By-law shall be valid and shall remain in force.
13. TRANSITION PROVISION
13.1. Notwithstanding the repeal of By-law 2019-047-RE and all amendments
thereto, that By-law shall continue to apply to any acts, omissions or
occurrences, and to any offences that took place prior to the enactment of
this By-law.
14. IMPLEMENTATION
14.1 This By-law shall come into force and effect on the 16th day of April, 2025.