Animal Control By-law

Short Title

1.1       This by-law may be referred to as the “Animal Control By-law”. 

Administration

1.2   This by-law applies to all animals in the Town.

1.3   The Clerk will be responsible for the administration of this by-law including: issuing licenses, collecting fees and maintaining records, establishing forms for the purpose of this by-law, maintaining a complete registry of all dogs in respect of which tags are issued, assigning of numbered tags and/or renewal for each dog in respect of which the tag is issued.

1.4    The Clerk may delegate any of his/her powers and authorities under this by-law to any Town employee as he/she deems appropriate.

Enforcement

1.5     This by-law may be enforced by Officers, and without limiting or restricting any other power, duty or function granted by this by-law, Officer(s) may: carry out and/or direct whatever inspections are reasonably required to determine compliance with this by-law or direction or order made under this by-law.

Interpretation

1.6     For the purposes of this by-law, the schedules attached hereto form part of this by-law. 

Word Usage

1.7       Words in singular shall be deemed to include plural and words in plural shall be deemed to include singular and shall be read with all changes in gender or number as the context may require.

Reference to Legislation

1.8       Reference to any act, regulation or by-law is reference to that act, regulation or by-law as it is amended, or re-enacted from time to time.

Conflict

1.9       Where there is a conflict between a provision of this by-law and a provision of any other Town by-law, and/or legislation and/or regulation relating to animals, the provision that establishes the highest standards to protect the health and safety of the public shall apply.

1.10      Where the provisions of this by-law conflicts with any act, the provisions of the provincial standards shall prevail.

Definitions

2.1       In this by-law, unless the context otherwise requires:

a)           “Animal” means any member of the animal kingdom, other than human.

b)           “Appeal Tribunal” means the committee as appointed by Council to hear appeals of various by-laws.

c)           “Attack” means an assault resulting in bleeding, bone breakage, sprains, serious bruising, multiple injuries, or death and includes attacked, attacking and any other suffixes of the same meaning.

d)           “At large” shall mean:

     i. any dog that is found in any place other than the owner’s property and not under the control of any
       person or a physical device excluding where permission has been granted by the owner of the subject
       lands;

     ii. any dog that kept under the control of a person who is unable to control the dog;

     iii. any animal or livestock that is not under the direct or continuous control of a person and is:

                          (1) not securely confined within a structure or a vehicle;

                          (2) not on the enclosed land of the owner; or

                          (3) not on enclosed land with the permission of the landowner.

e)        “Attractants” means any substance which could be reasonably expected to or does attract any animal, stray, feral or abandoned animals.

f)          “Bite” means the breaking, puncturing or bruising of skin of a person or domestic animal caused by the tooth or teeth of a dog and includes biting, bitten, and any other suffix of the same meaning.

g)        “Clerk” means the Clerk and his/or her designate of the Town.

h)        “Dangerous Act” means any bite, attack or act of menacing behaviour or any combination of a bite, attack or act of menacing behaviour.

i)          “Dangerous Dog” means any dog that:

                                        i.    has bitten or attacked a person or domestic animal, unless provoked;

                                       ii.    has killed a person or domestic animal, regardless of circumstances;

                                     iii.    has shown the disposition or tendency to be threatening or aggressive;

                                     iv.    is attack-trained, other than for law enforcement purposes;

                                      v.    is kept for the purposes of security or protection, whether residential,
                                            commercial or industrial, of a person’s property; or

                                     vi.    has been declared dangerous in another municipality.

j)          “Dog” means any member of the species Canis Familiaris over the age of twelve (12) weeks.  

k)         “Domestic Animal” shall mean any animal kept by a person as a pet.

l)          “Dwelling unit” means a room or suite of rooms designed or intended for use by one or more persons living together as one housekeeping unit and containing cooking, eating, living, sleeping and sanitary facilities.

m)      “Enclosed land” means land that is surrounded by a barrier that is sufficient to exclude or contain livestock.

n)        “License” means an authorization under this by-law in the form of an identification tag issued by the Town or a designate.

o)        "Keep" means to have temporary or permanent care and control or possession of an animal and includes keeping, kept and any other suffix of the same meaning.

p)        “Kennel” means a building or structure or part thereof where animals are kept for remuneration for the purpose of breeding, housing, feeding and/or maintenance.

q)        “Livestock” means any domestic farm animal and fowl that are kept for agricultural purposes, as designated as livestock under the Livestock and Livestock Products Act, the Livestock Community Sales Act and any such class or classes of animals prescribed in the regulations made under the Livestock Identification Act, as amended.

r)          “Menacing Dog” means a dog that, without provocation, has approached or chased any person or domestic animal in a menacing, dangerous and threatening fashion with an apparent attitude of attack, including but not limited to aggressive behaviours such as growling or snarling, or a dog that has otherwise demonstrated a propensity or disposition to attack persons or domestic animals without provocation.

s)         “Microchip implant” 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.

t)          “Muzzle" means a humane fastening or covering device that is strong enough and well-fitted enough to prevent the dog from biting, without interfering with the breathing, panting or vision of the dog or the dog’s ability to drink.

u)        “Officer” includes a person appointed and is responsible for the enforcement of the provisions of this by-law and may include his/her designate and includes:

                                     i.    Animal Control Officers and Municipal Law Enforcement Officers appointed by
                                              the Town;

                                     ii.    Officers appointed by any provincial animal welfare agency;

                                     iii.    Police Officers appointed under the Police Services Act; and

                                     iv.    Medical Officer of Health.

v)         “Order” means an order, or notice issued under the authority of this by-law.

w)       “Owner” means any person who keeps an animal and where the owner is under the age of sixteen (16), the person responsible for the custody of the minor, and includes a person who is temporarily the keeper of the animal;

x)         “Person” means an individual, firm, corporation, association or partnership.

y)         “Police Service Dog” means a dog trained for and engaged in law enforcement by any federal, provincial or municipal government agency.  

z)         “Pound” means a premises or shelter that is used for the detention, maintenance or disposal of animals that have been impounded pursuant to a by-law of a municipality or the Dog Owners’ Liability Act, but does not include any premises used by any provincial or federal animal welfare agency, humane society or any society affiliated therewith, for the detention, maintenance, disposal or impoundment of animals.

(aa)          "Premises" means a building or part of a building and the land in which the building is situated and includes any premises where an animal is kept.

(bb)      "Prohibited animals" means any animal identified in Schedule ‘A’.

(cc)        "Protective care" means the temporary keeping of an animal as a result of an eviction, incarceration, medical or fire emergency, or any other situation required for the health and safety of the animal.

(dd)        “Provocation” means any activity which, in the opinion of the Officer acting in his or her absolute discretion, may be expected to cause a dog to bite a person, domestic animal or dog engaging in such activity and includes provoking, provoked and any other suffix of the same meaning.

(ee)        “Redemption period" means the period of time within which the owner of an impounded dog has the right to redeem it.

(ff)        “Restrained” means kept under control and prevented from freedom and movement of coming into contact with any person or animal other than a person or animal owned by the owner of the dog and the particulars further described by any order issued pursuant to this by-law.

(gg)          “Service Animal” means any animal designated in the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, as amended.

(hh)         "Sterilized" in respect of a dog means either spayed or neutered.

(ii)          “Subsequent Offence” means 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.

(jj)        "Tether" means a rope, chain, leash or similar restraining device that prevents an animal from moving away from a localized area.

(kk)         “Topper” means an enclosed compartment when coupled with a cargo bed of a vehicle.

(ll)       “Town” means the Corporation of the Town of Bradford West Gwillimbury.

(mm)         “Wild Animal” or “Wildlife” means an animal of a wild nature or disposition or animal that is not normally kept as a household pet.

3.1       No person shall keep any prohibited animal listed in Schedule “A” unless otherwise permitted by this by-law.

3.2       Section 3.1 of this by-law shall not apply to:

a)          areas of the Town in which professionally produced films are being made by film professionals and film production companies and only temporarily during filming, or to circuses where animals are kept for performances for a temporary period, provided that:

i)     the exhibitor or the owner of such animals is a member of, and accredited by either the Canadian Association of Zoos and Aquaria (CAZA) or the American Zoo and Aquarium Association, or is otherwise licensed by an appropriate authority; or

ii)   such animals are used or kept in a place that has protective devices which are adequate to prevent such animals from escaping or injuring the public; and

iii)  such animals are provided with species-appropriate living environment while in the Town and provided said location is as approved by Town;

b)          the premises of an affiliate or branch of a provincial organization mandated for the protection and care of animals;

c)           the premises of an accredited veterinarian under care of a licensed veterinarian;

d)          the premises of a registered research facility pursuant to the Animals for Research Act, R.S.O. 1990, c.A.22;

e)          a premises of a police department;

f)           the premises is a university or community college, and where such animals are being kept for research, study or teaching purposes;

g)          a premises holding a licence under any Statute of the Province of Ontario, or any Federal or Provincial Ministry which permits the keeping of animals under stated conditions;

h)          animals known as livestock which are kept on property for agricultural purposes in accordance with the permitted uses of the property in accordance with the Town Zoning By-law, as amended; and

i)           service animals provided a letter is provided by a qualified practitioner detailing why the animal is required, how the animal shall be kept and cared for, and provided the animal does not pose a risk for health and safety of another person or its own welfare.

Keeping Livestock

3.3       No person shall keep livestock in any residential zone, as defined by the Zoning By-law.

Backyard Chickens

3.4       Notwithstanding section 3.3, a person may keep chickens within any residential zone, as defined by the Zoning By-law, if:

a)          the subject property is residentially zoned and is at least 2.5 acres in size;

b)          the subject property can prove compliance with minimum distance separation requirements established within the Zoning By-law;

c)           the subject property is outside of the urban settlement area, as defined under the official plan, as amended; and

d)          the subject property has agriculturally zoned lands abutting on all sides. 

4.1       No owner or person shall allow, cause or permit their dog to:

a)          bite or attack any person or domestic animal;

b)          engage in a dangerous act; or

c)          damage public or private property. 

Dangerous or Menacing Dog

4.2       Every owner of a dog that has bitten a person, domestic animal or has been

declared a menacing dog, as set out in the definitions of this by-law shall:

a)          obtain a license forthwith;

b)          identify the dog by microchip implantation;

c)           maintain and provide proof of current rabies vaccinations, and;

d)          comply with any order issued pursuant to this by-law and/or under any predecessor by-law. 

Exceptions

4.3       Section 4.1 of this by-law shall not apply to a police service dog actually engaged in law enforcement duties.

4.4       Prior to the determination that a dog is a dangerous or menacing dog, the Officer shall have regard to whether the dog was acting in self-defence at the time the dangerous or menacing act occurred.

      a) Despite sections 4.2 and 4.3 of this By-law, where an Officer concludes that the dog was acting in
          self-defence or provoked at the time the dangerous or menacing act occurred, the Officer may
          determine that the dog is not a dangerous dog and determine that no order shall be issued. 

Order to Restrain

4.5       Where an Officer believes that a dog is a menacing or dangerous dog or has bitten a person or domestic animal, the Officer may serve an order upon the dog owner.

4.6       An order may include, but is not limited to:

a)          keep a muzzle and/or a tether on the dog at all times, including when it is on the premises of the owner, with the exception of when it is kept in an enclosed pen or within the owner’s dwelling unit;

b)          keep the dog restrained when it is on the premises of the owner so as to prevent the dog to go beyond the boundaries of the premises or certain portions of the premises;

c)           keep the dog on certain portions of the premises of the owner;

d)          only permit certain persons to have care and control of the dog when outside the premises of the owner;

e)          have a microchip implanted in the dog and proof of the implantation provided to the Officer;

f)           have the dog sterilized and proof of the sterilization provided to the Officer;

g)          provide an up to date immunization record of the dog to the Officer;

h)          post a “Beware of Dog” sign at the entrance of the premises of the owner in a conspicuous place;

i)           prohibit the breeding of the dog;

j)           notify the Clerk within forty-eight (48) hours of any changes to the residency or ownership of the dog;

k)          notify the Clerk within forty-eight (48) hours of the death of the dog;

l)           be under the control of a person eighteen (18) years of age or older at all times;

m)         the dog is not permitted to enter, at any time, into any off leash park or zone approved or designated by the Town;

n)          ensure that a dangerous dog license is purchased from the Town within ten (10) calendar days of the order being served; and

o)          any other requirement prescribed by the Officer to protect the public interest.

4.7       The order shall include a statement that the owner of the dog may appeal the order to the Town within fifteen (15) days of service.

Appeal

4.8       The owner of a dog may appeal an order issued pursuant to PART IV of this by-law by submitting an application to the Clerk in the form prescribed by the Town and paying the applicable appeal fee as prescribed by the Town’s Fees and Charges By-law within fifteen (15) days of issuance.

4.9       Notwithstanding that an owner has appealed an order issued pursuant to PART IV, the order takes effect when it is served on the person to whom it is directed and remains in effect until the Appeal Tribunal has made its decision on the appeal.

4.10       Upon receipt of the Application for Hearing, the Clerk shall convene a hearing before the Appeal Tribunal, in accordance with the Appeal Tribunal By-law, as amended. 

Appeal Process

4.11       The Appeal Tribunal shall conduct the hearing pursuant to the Tribunal rules of procedure and Statutory Powers and Procedures Act, R.S.O. 1990, c. S.22, as amended and:

a)          shall deliberate the merits of the evidence presented;

b)          may confirm, vary, or rescind the order;

c)           shall render its decision at the meeting or shall reserve its decision to be presented later; and

d)          shall provide a written decision to the Clerk and the owner of the dog.

Final Binding

4.12       Where the owner fails to appeal within the prescribed time, the order is final and binding.

4.13       All decisions made by the Appeal Tribunal are final and binding.

4.14       No person shall fail to comply with an order made under this by-law or a decision of the Appeal Tribunal.

Licensing

5.1       Every owner of a dog shall:

a)          register the dog with the Town and pay an annual license and registration fee as set out in the Town’s Fees and Charges By-law;

b)          renew such license and registration annually no later than January 31^st of each year; and

c)           obtain a replacement tag in the event that such tag is lost.

5.2       Notwithstanding section 5.1 (a) if a person acquires a dog or is a new resident, the person has thirty (30) calendar days from the date of acquisition or moving to the Town to obtain a license.

5.3    Every applicant for dog license shall provide to the Town the following information:

a)          name, address, telephone number of the dog owner;

b)          name, age, gender, breed, and colour of the dog;

c)           proof of sterilization from a qualified veterinarian, if required; and

d)           proof of a microchip implant, if applicable. 

Requirement - Rabies Immunization

5.4       Every owner of a dog shall ensure that the dog is duly immunized against rabies and that the immunization is current.

Proof of Rabies

5.5       Applicants for a license shall be required to attest to the fact that their dog has been immunized against rabies as required by the Health Protection & Promotion Act, R.S.O. 1990, c.H.7, as amended and any regulation thereto.

5.6      Every owner shall provide the certificate of immunization against rabies, signed by the veterinarian who performed the immunization to an Officer, when requested.

False Information

5.7       No person shall give false information when applying for a license under this by-law.

Change Information

5.8       Every owner of a dog shall immediately notify the Town of any change in information provided in the license application form under this by-law.

Impoundment-Registration

5.9       Every owner of a dog which has been impounded pursuant to this by-law shall ensure a license is purchased for the dog prior to release.  

Requirement Tag

5.10    No person shall remove a license from a dog without consent of the owner.

Removal of Tag

5.11       No person shall remove a license from a dog without consent of the owner.

Replacement Tag

5.12       Every owner shall apply for a replacement dog license unless the dog is deceased. 

Licence - Issuance/Renewal/Denial

5.13       A licence may be denied pursuant to this by-law for the following reasons:

a)          the applicant is under the age of eighteen (18) years;

b)          all applicable fees have not been paid; or         

c)          all required information has not been provided.

Maximum Number

5.14       A maximum of three (3) licenses may be issued for any dwelling unit.

5.15       No person shall keep more than three (3) dogs in any dwelling unit, except where they are kept in a lawful kennel that complies with all land use and licensing provisions of the Town.

5.16       No person shall keep more than three (3) dogs at any time. 

Kennel

5.17       No person shall operate a kennel without first having received a license from the Town.

At Large/Trespass

5.18      No person or owner shall allow, cause or permit a domestic animal, livestock or dog to be at large or trespass.

Municipal Property

5.19       No person or owner shall allow, cause or permit any dog or animal on Town property in restricted areas. 

Noise Excessive Barking

5.20       No person shall allow, cause or permit any dog to bark, whine, cry or cause noise which is constant, persistent, or excessive.

Stoop and Scoop

5.21       Every owner of a dog shall immediately remove and dispose of any feces left by the dog.

Term

5.22       Unless otherwise specified in this by-law, the term of a license is valid from the date of purchase until January 31st. In the case of a death or other means of disposal of a dog the license of the subsequent year shall expire and become void. 

5.23       No person shall transfer any license issued to any other person or dog.

5.24       Notwithstanding section 5.23, a licensed kennel may transfer a license upon receiving written approval from the Clerk. 

Responsibility to Care for Animals 

6.1       Every person who keeps an animal within the Town shall ensure that such animal is provided with:

a)          a clean and sanitary environment free from an accumulation of faecal matter, odour, insect infestation, or rodent attractants; and

b)          adequate and appropriate care, food, potable water, shelter, and opportunity for physical activity, attention, grooming, sunlight and veterinary care as may be required to keep the animal in good health.

Cages and Pens

6.2       Every person using a cage or pen for the keeping of animals shall ensure that:

a)          every animal in a cage or pen may comfortably stand to its full height, to extend its legs and body to their full natural extent, to turn around, and lie down in a fully extended position; and,

b)          if an animal is kept outdoors, the person keeping the animal shall:

             i)     provide an enclosure which is structurally sound, insulated, weather-proof, provides off ground flooring and kept in a sanitary condition; and

            ii)   ensure the enclosure and all parts are set back more than 0.6 m from the any property line.

6.3       Every person who keeps an unsterilized female dog shall, during each period that the dog is in heat, keep it confined so that it will not attract other animals. 

Keeping Dogs Outdoors 

6.4       When a dog is kept outdoors, every person keeping the dog shall at all times provide for its use, a structurally sound, weatherproof, insulated enclosure with flooring that provides sufficient space in accordance with section 6.2 of this by-law.

6.5       No person shall allow, cause or permit a dog to remain outdoors during extreme weather unless the dog has access to an enclosure that will adequately protect the dog from the elements, in accordance with section 6.4 of this by-law.

Tethering

6.6       No person shall keep an animal on a tether unless:

a)          the tether is of appropriate length for the species tethered;

b)          the animal has unrestricted movement within the range of such tether; and

c)           the animal cannot injure itself as a result of the tethering;

6.7       Notwithstanding section 6.6, every person shall ensure the tether is a minimum of three (3) meters in length and does not permit the animal to go beyond the limits of the person's property.

6.8       Notwithstanding section 6.6, no person shall keep an animal tethered where a choke collar, a choke chain or a pronged collar forms part of the tether.

Unattended Animals 

6.9       Every owner of an animal shall ensure that any animal is not left unattended while on a tether on a premises where the public has access, whether the access is expressed or implied.

6.10       No person shall leave an animal unattended in a motor vehicle, unless:

a)          the animal is restrained in a manner that prevents contact between the animal and any member of the public;

b)          the animal has suitable ventilation; and

c)           the animal is not exposed to extreme temperatures which can cause distress and/or death.

Securing Animals in Vehicles

6.11       No person shall allow an animal to be outside of the passenger cab of a motor vehicle on a highway, regardless of whether the motor vehicle is moving or parked.

6.12       Notwithstanding section 6.11, a person shall only allow an animal to be outside the passenger cab of a motor vehicle, including riding in the back of a pick-up truck or flatbed truck if the animal is:

a)          in a fully enclosed trailer;

b)          in a topper enclosing the bed area of a truck;

c)           contained in a ventilated kennel or similar device securely fastened to the bed of the truck; or 

d)          securely tethered in such a manner that it is not standing on bare metal, cannot jump or be thrown from the vehicle, is not in danger of strangulation, and cannot reach beyond the outside edges of the vehicle.

Pet Shops

6.13      Every person who owns or operates a pet shop must obtain dogs and cats from only the following sources: 

a)          municipal animal shelters;

b)          registered humane societies; or

c)          registered animal shelters or rescue groups. 

Protective Care of Animals

7.1       The Town may receive animals into protective care as a result of an owner’s eviction, incarceration, or as a result of a fire or medical emergency, or for any other situation that an Officer deems appropriate.

7.2       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 (5) days.  At the end of the five (5) day protective care period, unless other arrangements are agreed to between the owner and the Town, the animal shall be treated as day-one (1) impounded animals.

7.3       When the Town receives an animal into protective care, the owner shall pay all costs incurred by the Town prior to recovering the animal. 

Seizure and Impounding

7.4       An Officer may seize and impound:

a)          any animal running at large in the Town;

b)          any animal that is in distress or danger; and

c)           any dog that has engaged in or is engaged in a dangerous act or poses a public safety threat to the community.

7.5       An animal seized pursuant to this by-law will be deemed to be impounded when it comes under the control of an Officer.

7.6       Any person may seize an animal at large and shall deliver the animal an Officer, pound or safe place as approved by the Town.

7.7       Notwithstanding other provisions of this by-law, where a restricted breed dog is seized or impounded pursuant to this by-law, the dog shall be handled in accordance with any applicable provisions of the Dog Owners’ Liability Act, R.S.O. 1990, c. D. 16, as amended, for the purposes of the redemption of the dog by the owner and for transferring or destroying the dog. 

Impounding Animals

7.8       Where any animal is impounded, the owner shall be liable for all charges and fees incurred.

7.9       Cost incurred by the Town or a person appointed or acting on behalf of the Town shall be paid by the owner of the animal on demand and such costs may be recovered by action or in like manner as municipal taxes. The provisions of the Pounds Act and Animals Research Act as to the impounding and sale of animals shall continue to apply unless specifically amended herein.

Return of Impounded Dog

7.10       Where a dog has been seized or impounded, it may only be returned to the owner:

a)          if the owner claims possession within five days after the date of the seizure and impounding or later if permitted under this by-law or at the discretion of an Officer where such dog is still impounded;

b)          if an Officer is satisfied that the dog is licensed for the current year after identification of the dog by the owner and payment by the owner of the fees as set out in the Fees and Charges By-law, as amended;

c)           the dog owner and the dog are in compliance with any other provision of this by-law and any other applicable legislation; and

d)          the owner has paid any fees for which they are liable pursuant to section 7.12 of this by-law.

7.11       Where a dog has been impounded and it has been alleged that the dog has bitten or attacked a person or domestic animal and proceedings have been commenced against the owner of the dog under the Dog Owners’ Liability Act, the Town may hold the dog until the matter has been finally disposed of and will release the dog only in such manner and to such person as will ensure that the decision, if any, with respect to such matters will be complied with.  Where the final disposition results in a court order under the Dog Owners’ Liability Act, the owner of the dog shall pay the costs set out in this by-law for the time for which the dog has been impounded regardless of whether or not the dog is released to the owner.

Impound Fees

7.12       Where a dog is seized or impounded, the owner shall be liable for and shall pay all of the following fees on demand:

a)          the impound and daily maintenance fees;

b)          the costs incurred for veterinary care provided while the dog was impounded, if applicable;

c)           the license fees as set out in the Fees and Charges By-law, as amended; and

d)          any other expenses incurred by the Town or its agents while providing care and shelter to the impounded dog. 

Disposal and Sale of Seized or Impounded Dogs

7.12      In the event that any seized or impounded dog has not been claimed by the owner within five days after seizure, the dog may be:

a)          disposed of by an Officer in a humane manner; or

b)          sold, gifted, adopted-away or relocated by an Officer for a price, if applicable, that the Officer deems reasonable.

7.13 The Town or its authorized agents shall not be liable for damages or compensation arising from the disposal, sale or transfer pursuant to section 7.12

7.14 Any proceeds from the sale or disposal of a dog pursuant to section 7.12 shall be the property of the Town, subject to any contract or agreement with any person or corporation providing animal services to the Town.

Livestock

7.15   No person shall permit any livestock to be at large.

7.16   An Officer may impound or seize any livestock which is at large.

7.17   In accordance with section 7.16 of this by-law, an Officer shall make reasonable efforts to determine the identity of the owner of the livestock and inform the owner that the livestock has been impounded.

7.18   In the event that an Officer is satisfied that the livestock running at large cannot be impounded without danger to any person or without undue damage to crops or property he/she may authorize the tranquilizing or destruction of the animal.

         a) For the purpose of section 7.17 the discharge of firearms by-law shall not apply. 

Power of Entry- Inspection

8.1       An Officer, may enter onto property for the purpose of carrying out an inspection to determine whether or not the following are being complied with:

a)          any provision of this by-law;

b)          an order issued under this by-law; or

c)           an order made under section 431 of the Municipal Act.

8.2       The power of entry may be exercised by an employee, Officer or agent of the Town or by a member of the police force with jurisdiction as well as any person under his or her direction.

8.3       For the purposes of an inspection, an Officer may:

a)          require the production for inspection of any document or things relevant to the inspection;

b)          inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;

c)           require information from any person concerning a matter related to the inspection;

d)          alone, or in conjunction with a person possessing special or expert knowledge make examination or take tests, samples or photographs necessary for the purposes of the inspection;

e)          upon request, an owner shall provide an Officer with medical reports for any animal; and

f)            undertake an inspection pursuant to an order issued under section 438 of the Municipal Act. 

Obstruction

8.4       No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this by-law.

Order to Discontinue Activity

8.5       If an Officer has reasonable grounds to believe that a contravention of this by-law has occurred, the Officer may make an order requiring the owner of the animal and person who contravened the 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 contravention.

Work Order

8.6       If an Officer is satisfied that a contravention of this by-law has occurred, the Officer may make an order requiring the work to be done to correct the contravention.

8.7       An order issued under the authority of this by-law, shall set out:

a)          the municipal address of the property on which the contravention occurred;

b)          the date of the contravention;

c)           the reasonable particulars of the contravention of the by-law;

d)          the date by which there must be compliance with the order;

e)          the date on which the order expires, and

f)            notice that if the work is not done in compliance with the work order by the deadline, the municipality may have the work done at the expense of the owner and the cost of the work may be recovered in the same manner as municipal taxes. 

Service of Orders

8.8       Any order may be served by an Officer:

a)              personally upon an owner by serving it to a person on the owner’s property who is over the age of sixteen (16);

b)              by posting it in a conspicuous place upon some part of the owner’s property and by sending a copy by ordinary mail, which shall be deemed to have been served on the fifth (5th) day after mailing; or

c)              by sending it by prepaid registered mail to the owner at their last known address, where it shall be deemed to have been served on the fifth (5th) day after mailing.

Work Done by the Town

8.9       The work required by an order under the provisions of this by-law, if not done within the specified period, the Town, in addition to all other remedies it may have, may do the work at the owner’s expense and may enter upon the land, at any reasonable time, for this purpose.

8.10       If the costs for work pursuant the provisions of this by-law are not paid to the Town within thirty days of written demand thereof, the treasurer for the Town may add the costs, including interest, to the tax roll for the lot and collect them in the same manner as municipal taxes.

Offence and Penalty

8.11       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 for by the Provincial Offences Act, R.S.O. 1990, Chapter c. P. 33, as amended.

8.12       Any person who is in contravention of any provision of this by-law, or who fails to comply with an order issued under this by-law shall be deemed to be committing a continuing offence for each day that the person remains in contravention, or for each day that they fail to comply with the order.

8.13       The Town may recover its costs of remedying a violation of this by-law by invoicing the owner, by instituting court proceedings or by adding the cost, including interest, to the tax roll and collecting in the same manner as municipal taxes in accordance with section 446 of the Municipal Act, 2001 and the exercise of any one remedy shall not preclude the exercise of any other available remedy.

9.1       Notwithstanding any section, subsections, clause, paragraph or provision of this by-law, or parts thereof may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers of Council to enact, such section or sections or parts thereof shall be deemed to be severable and that all other sections or parts of this by-law are separate and independent therefrom and enacted as such as a whole. Same shall not affect the validity or enforceability of any other provisions of this by-law or of the by-law as a whole.

Repeal

10.1   By-laws 1994-035 and 2006-027 are hereby repealed in their entirety.

10.2   Notwithstanding the above by-laws repealed, they shall continue to apply to any acts, omissions or occurrences, and any offences that took place prior to the enactment of this by-law.

Schedule

10.3   Schedules attached hereto and by this reference shall form part of this by-law, including:

         9.1.1 Schedule ‘A’ Prohibited Animals 

Effective Date

10.4   This By-law shall come into force and take effect on the date it is enacted.

Enacted this 17th day of December, 2019.

Original copy signed                                            Original copy signed                                                   

Rebecca Murphy, Clerk                                         Rob Keffer, Mayor