By-law No. 17-2022 - The regulating of dogs — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 534b5e6ba0ba · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## THE CORPORATION OF THE MUNICIPALITY OF WHITESTONE ## BY-LAW 17-2022 ## Being a By-law for the regulating of dogs within the Municipality of Whitestone and to repeal By-law 42-2005 WHEREAS Section 8.1 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended hereinafter referred to as the "Municipal Act" provides 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; WHEREAS pursuant to Sections 11, 127, and 128 of the Municipal Act, a municipality may pass By-laws respecting the health, safety and well-being of persons, and the protection of persons and property; prohibit the depositing of refuse or debris on land without the consent of the owner or occupant of the land and prohibit and regulate with respect to matters considered to be a public nuisance, including matters that, in the opinion of Council, are or could become or cause public nuisances; AND WHEREAS Section 425 of the Municipal Act, permits a municipality to pass By-laws providing that any person who contravenes any By-law of the municipality passed under the Municipal Act is guilty of an offence; WHEREAS under the Municipal Act, as amended Section 10 (2) 9, provides that a municipality may pass a By-law in respect to animals; and WHEREAS under the Municipal Act, Section 103, gives a municipality the authority to impound animals; NOW THEREFORE the Council of the Municipality of Whitestone hereby enacts as follows: ## 1. SHORT TITLE - 1.1 The Short Title of this By-law is the "Regulating Dogs By-law". ## SCOPE OF THE BY-LAW - 2.1 This By-law applies throughout the whole of the Municipality. ## 3. DEFINITIONS ## 3.1 In this By-law: "At Large" shall mean a dog found in any place or on any property other than the premises of the owner and not restrained by any person; "Beach" shall mean an expanse of sand or pebbles along the shore of a body of water; "Bite" shall mean the breaking, puncturing or bruising of the skin of a person or an animal caused by the tooth or teeth of a dog "Capable Person" means a person of sufficient size and stature able to control and restrain a dog to such an extent that the physical wellbeing of a person or animal is not threatened. "Council" means the Council of the Corporation of the Municipality of Whitestone; "Dog" shall mean any member of the species canis familiaris be it male or female over the age of 12 (twelve) weeks; "Dog Owners' Liability Act" (DOLA) R.S.O. 1990, c. D. 16 is an act regulating liability of dog owners. "Dog Tag" shall mean a disk or other shape of metal or plastic supplied by the Municipality as a means to identify the owner of the dog and is 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; "Excessive Barking" shall mean when a dog creates a noise, by barking or otherwise, which persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of a person; "Leash" shall mean a chain, rope or other restraining device whereby the dog is restrained close enough so that it is at all times controlled; "Municipality" means the Corporation of the Municipality of Whitestone and its land within the geographic limits of the Municipality as the context requires; "Muzzle" shall mean a humane fastening or covering device of adequate strength placed over a dog's mouth to prevent it from biting; "Officer" shall mean a By-law Enforcement Officer, Animal Control Officer or Police Officer or any person who has entered into a contract with the Municipality of Whitestone to control dogs and any servants or agents of such person. "Owner" of a dog, shall mean and include any person who possesses or harbours a dog, and "owns" or "owned" have a corresponding meaning. "Park" means an area of land, set apart for the enjoyment of the public, having facilities for rest and recreation, owned and managed by the Municipality; "Person" includes an individual, sole proprietorship, partnership, limited partnership, trust, corporation, and an individual in their capacity as a trustee, executor, administrator, or other legal representative; "Pound" as defined in the Animals for Research Act, R.S.O. 1990, c. A.22 means premises that are used for the detention, maintenance or disposal of dogs or cats that have been impounded pursuant to a By-law of a municipality or the Dog Owners' Liability Act, but does not include any premises, or part thereof, that are not used by any person or body of persons for the detention, maintenance or disposal of dogs or cats so impounded. ## 4. DOG TAGS - 4.1 Every owner of a dog shall: - 4.1.1 On or before the 1st day of January in each year (with the exception of lifetime dog tags - see 4.1.2), or upon becoming the owner ot a dog after the 1st of January, register such dog with the Municipal Clerk and procure a dog tag for each dog owned by the persons. - 4.1.2 A lifetime dog tag may be issued at the time of purchase and will last the lifetime of the dog for which it has been purchased. - 4.2 Every dog tag shall bear the serial number and the year in which it was issued and record of this will be kept at the municipal office. - Every dog tag issued pursuant to this By-law shall expire on the 31st of December of the year for which it was issued with the exception of the lifetime dog tag, and the price of a dog tag is payable to the Clerk and shall be in accordance with the By-law to Establish Fees and Charges as amended. - 4.4 Tags from other Municipalities will be recognized as valid by the Municipality of Whitestone, if they are a valid dog tag in the Municipality from which they were purchased. - 4.5 In the event the dog tag is lost, the dog owner shall be entitled to receive a replacement dog tag upon payment as indicated in the By-law to Establish Fees and Charges as amended. ## RESPONSIBILITIES OF THE OWNER - 5.1 No owner of a dog shall allow their dogs to run at large within the limits of the Municipality of Whitestone. - 5.2 No owner shall permit their dog whether leashed or unleashed to trespass on private property. - 5.3 No dog shall be allowed, at any time, in any area designated by Council and posted as such, including a public beach or park. - 5.4 Every owner of a dog shall forthwith clean up and dispose of any excrement left by their dog on any property other than property they own. - 5.5 No owner shall permit any dog owned by them, to bark persistently or excessively, whine or create any noise that is likely to disturb an inhabitant of the Municipality. - 5.7 While the dog is off the property of the owner, or on private property with permission, as described above, the owner shall ensure that the dog is under the control of a capable person; - 5.8 Sections 5.2 and 5.3 shall not apply to owners of "Service Dogs" or "Assistance Dogs". - 5.9 There shall be a maximum of four (4) dogs per residence permitted in a residential or waterfront zone. - 5.10 No person shall disobey an order to muzzle issued under Section 6.4 of this By-law; ## GENERAL PROHIBITIONS - 6.1 Any person who voluntarily chooses to hold a dog found running at large in the Municipality of Whitestone, shall turn said dog over to an Officer. - Any Agency, as appointed by Council, is authorized to collect the poundage fees levied upon this By-law and to maintain a pound as directed by Council. - 6.3 Where an Officer impounds or otherwise distrains and detains a dog found running at large contrary to the provisions of this By-law and the owner of such dog is known, the Officer may return the dog to the owner. Upon returning the dog, the Officer shall notify the owner of the dog to pay the Municipality an animal control service fee as set out in the By-law to Establish Fees and Charges as amended - 6.4 Where a dog has been deemed to be a dangerous dog evidenced by biting another animal or person, an Officer must issue a notice to muzzle the dog according to the stipulations as are set out in the notice; - 6.5 The muzzle order shall remain in effect until an action under the provisions of the Dog Owners' Liability Act has concluded or until it is deemed by the Issuer that the dog in question does not present a risk to public safety or an exemption is granted. - 6.6 In the case of a sick or injured dog, an Officer shall seek the care of a veterinarian. - 6.7 A dog that is being utilized for law enforcement purposes, sporting purposes i.e., hunting), or farming/herding purposes shall be allowed to be off leas! rovided that they are actively engaged in their dutiful activity ## 7. ENFORCEMENT AND PENALTY PROVISIONS - 7.1 The enforcement of this By-law shall be conducted by an Officer. - 7.2 An Officer should make reasonable effort to contact the property owner before entering land for the purpose of investigation to determine if this By-law is being complied with. - 7.3 Every person who is issued a Part 1 offence notice or summons and is convicted is guilty of an offence under this By-law shall be subject to a fine, to a maximum as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. - 7.4 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By-law. - 7.5 Every person who is alleged to have contravened any of the provisions of this By-law, shall identify themselves to an Officer upon request and failure to do so shall be deemed to have hindered or obstructed an Officer in the execution of their duties. - 7.6 Upon conviction, any penalty imposed under this By-law may be collected under the authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. - If a person is convicted of an offence under this By-law, the court in which the conviction has been entered and any court of competent jurisdiction may, in addition to any other remedy and to any penalty imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted. - 7.8 By-law 42-2005 is hereby repealed. - 7.9 This By-law shall come into force, and take effect upon passage thereof. Read a First and Second time this 15th day of March, 2022.     ARConnie Mayor George Comrie mal- CAO-Clerk Michel Hendry, Read a Third time and Passed, Signed and Sealed this 15" day of March, 2022. comin'e Mayor George Comrie mote CAO-Clerk | Michelle Hendry