2013-30 Dog By-law

This By-Law is printed under and by authority of the Council of the Township of Southwold.

Disclaimer: The following consolidation is an electronic reproduction made available for information only. It is not an official version of the by-law. The format may be different, and plans, pictures, other graphics, or text may be missing or altered. The Township of Southwold does not warrant the accuracy of this electronic version. This consolidation cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can be obtained from the Clerk’s Department by calling 519-769-2010.

WHEREAS the Municipal Act 2001, as amended, including sections 11(3), 103(1), and 105, provide that a municipality may pass by-laws respecting animals, including regulating and prohibiting with respect to the being at large, trespassing, licensing, keeping and regulating of dogs and;

WHEREAS related provisions exist under the Dog Owner’s Liability Act, R.S.O. 1990, Chapter D. 16, the Pounds Act, R.S.O. 1990, Chapter P.17 and the Animals for Research Act, R.S.O. 1990, Chapters A.22; and

WHEREAS the Council of the Corporation of the Township of Southwold deems it desirable to prohibit the running at large of dogs in the Municipality, to provide for the seizing, impounding and destroying of dogs found running at large as hereinafter set forth, and to provide for the licensing and regulating of dogs and dog kennels in the Municipality within the meaning of the Municipal Act, 2001, as amended;

Table of Contents

PART 1: DEFINITIONS
PART 2: EXEMPTIONS
PART 3: KEEPING OF DOGS
PART 4: LICENSING
PART 5: KENNELS
PART 6: FEES
PART 7: IMPOUNDING
PART 8: ENFORCEMENT
PART 9: NO LIABILITY FOR DAMAGES
PART 10: TRANSITION
PART 11: REPEAL - ENACTMENT
PART 12: SCHEDULE "A"

THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD ENACTS AS FOLLOWS:

 1.       DEFINITIONS

1.1.      "Animal Control Officer" shall mean a person(s) appointed by the Township, whose duties include the enforcement of this by-law.

1.2    "Council" shall mean the Council of the Township of Southwold

1.3   "Dangerous Dog" means any dog:

(i)                that has bitten or injured a human being or domestic animal; or

(ii)              that has been threatening or aggressive towards a human being or domestic animal or;

(iii)            a dog previously designated as a potentially dangerous dog that is kept or permitted to be kept by its owner in violation of the requirements for such dog.

1.4   "Dog" shall mean any male or female dog of any age.

1.5   "Dwelling Unit" shall mean a single room or series of rooms of complementary use which are located in a building in which food preparation, eating, living, sleeping and sanitary facilities are provided for the exclusive use of the occupants thereof; which has a private entrance directly from outside the building or from a common hallway or stairway inside the building; and in which occupants have access to all the habitable areas and facilities of the unit.

1.6   "Guard Dog" shall mean a dog used for security purposes on land legally used for industrial or commercial purposes.

1.7    "Hunting" shall mean lying and waiting for, searching for, being on the trail of, pursuing, chasing or shooting at wildlife, whether or not the wildlife is killed, injured, captured or harassed, and does not include trapping.

1.8   "Kennel" shall mean a lot, building, structure or establishment in which four or more dogs are housed, boarded or bred.

1.9   "License agent" shall mean a person appointed by Council to issue dog licenses.

1.10      "License issuer" shall mean the Licensing Agent for the Township of Southwold

1.11         "Municipality" shall mean the Township of Southwold

1.12       “Municipal Law Enforcement Officer” means any person appointed by the Council of the Township of Southwold to enforce any provisions of this By-Law including a Municipal Employee, Bylaw Enforcement Officer, OPP or by the Ontario SPCA and Humane Society^(a)

1.13       "Owner" includes a person who keeps, possesses or harbors a dog, and where the owner is a minor, the person responsible for the custody of the minor.

1.14       "Person" includes any physical or corporate entity, partnership or any association and the heirs, executors, administrators, successors and assigns or other legal representative thereof to whom the context may apply.

1.15       "Pet Shop" shall mean an establishment engaged in the retail sale of animals.

1.16       "Pet Shopkeeper" shall mean a person who has the charge, care or ownership of a pet shop.

1.17       “Potentially Dangerous Dog” shall mean a dog that chases or approaches any person or domestic animal anywhere other than on the property of its owner, in a menacing fashion or apparent attitude of attack, including, but not limited to behavior such as growling or snarling.

1.18       "Pound" means premises, regulated under the Animals for Research Act, that are used for the confinement maintenance or disposal of animals that have to be impounded pursuant to this by-law.

1.19       "Poundkeeper" shall mean a person that acts in the capacity of Poundkeeper.

1.20    "Premises" includes the entire lot on which a building may or may not be situated.

1.21       “Redemption Period” – shall be three days, excluding the day on which the dog was impounded and holidays shall be included in calculating any redemption period.

1.22     "Restrained (Dangerous Dog)” means being kept inside a building or house or in an enclosed pen of sufficient dimension and strength to be humane and secure so as to prevent a dog from coming in contact with or making a real and substantial threat of attack on a person other than the owner of the dog, or invitee of the owner, and includes keeping such dog securely on a leash of not more than 1 meters in length when outside of such building, house or enclosed pen.

1.23     "Running at large" shall mean to be a dog found in any place other than the premises of the owner of the dog, and the dog not under the physical control of any person or on a leash.

2.     EXEMPTIONS

2.1              Animal hospital – clinic – kennel - registered

This by-law shall not apply to an animal hospital, clinic or kennel lawfully operated and supervised by a veterinarian for the exclusive purpose of treating sick or injured animals, who is a registered member of the Ontario Veterinary Association.

2.2             Ontario SPCA and Humane Society^(b)

This by-law shall not apply to the Ontario SPCA and Humane Society.

2.3            Pound

This by-law shall not apply to a pound.

2.4            Pet Shop

This by -law shall not apply to pet shops.

2.5            Zoos - fair – exhibitions – circuses - authorized

This by-law shall not apply to dogs maintained in a zoo, fair, exhibition, dog show or circus operated or licensed by a municipal or other governmental authority.

2.6            Service Dogs

This by-law shall not apply to police service dogs or other specially trained dogs used for investigative purposes while under the ownership of any police service or other federal, provincial, or municipal agency.

2.7            Research Facility - registered

This by-law shall not apply to dogs maintained at a research facility registered under the Animals for Research Act.

2.8            Hunting Dogs

This by-law shall not apply to dogs while being used for the purpose of hunting.

3.     KEEPING OF DOGS

3.1              Maximum - 3 per premises

No person shall keep more than 3 dogs in any one dwelling unit or on any premises.

3.2            More than 3 dogs per premise

Notwithstanding Section 3.1 any person owning more than three (3) dogs on February 14, 2005 is permitted to maintain those dogs with proof of ownership in the form of a license provided that if the dogs should be sold or otherwise go out of the owners possession, they are not permitted to be replaced beyond a limit of three (3) dogs per dwelling unit.

3.3            Kennels - registered

Section 3.1 of this by-law shall not apply to any person keeping a kennel of dogs with a valid kennel license.

3.4           Guard Dogs – industrial - commercial premises

Notwithstanding section 3.1 of this by-law, more than two (2) guard dogs may be licensed for lawfully used industrial or commercial premises.

3.5            Excrement – removal

Every owner of a dog shall remove forthwith and sanitarily dispose of excrement

left by the dog on any public or private property anywhere in the Municipality, other than on the dog owner’s property.

3.6            Trespassing - without consent - by dog - prohibited

No person shall permit a dog to enter upon the private property of another person or to remain on the private property of another person without the property owner's consent.

3.7            Running at large - prohibited

No owner of a dog shall permit a dog to run at large or fail to prohibit a dog from running at large.

3.8            Keeping of Dangerous Dogs

(i)                Every owner of a dangerous dog shall:

(a)              license such dog with the Municipality as a dangerous dog in accordance with the requirements of this by-law;

(b)             ensure that such dog has an up-to-date rabies shot;

(c)              display a sign at all entrances to the property and buildings in which the dog is kept warning that there is a dangerous dog on the property.  This sign shall be visible and legible from the nearest road or thoroughfare.

(ii)              When a dangerous dog is off its owner's property the owner shall:

(a)              ensure the dog is muzzled in a humane manner at all times

(b)             ensure the dog is on a leash not longer than one (1) meter; and

(c)              ensure the dog is under the control of a person over the age of eighteen.

(iii)            When a dangerous dog is on its owner's property the owner shall ensure that the dog is securely confined inside a building or house or in an enclosed pen of sufficient dimension and strength to be humane and secure so as to prevent a dog from coming in contact with or making a real and substantial threat of attack on a person other than the owner of the dog, or invitee of the owner.

(iv)            If the Municipality has, in its sole discretion, determined that a dog is a dangerous dog for the purposes of this by-law, the Municipality shall impound the said dog at the owner's expense for a maximum of ten (10) days or the Municipality may order the owner of the said dog to impound the dog on the owners property until such time that the owner of the said dog has complied with all of the requirements contained in this by-law for the keeping of a dangerous dog.  Should the owner fail to comply with all of the requirements contained in this by-law for the keeping of a dangerous dog within the said 10-day period, the Municipality may humanely destroy the impounded dangerous dog.

(v)              It shall be a condition of every license for a dangerous dog that the owner of the dangerous dog provide and maintain a policy of liability insurance in the amount of at least one million dollars, covering the twelve-month period during which licensing is sought, for injuries caused by the owner's dangerous dog.  This policy shall name the Municipality as an additional insured for the sole purpose of the Municipality being notified by the insurance company of any cancellation, termination or expiration of the policy.

3.9      Owner's Responsibilities

(i)                No owner of a dog shall fail to prevent his or her dog from:

(a)              threatening, biting, or attacking any person;

(b)             threatening, biting, or attacking any domestic animal; or

(c)              damaging public or private property.

(ii)              No owner of a dog shall use a chain as a means of confinement.

3.10          No owner of a dog shall permit the dog to make any noise likely to disturb the peace, quiet, comfort or repose of inhabitants of the Municipality for a period greater than one hour.

4.     LICENSING

a)    Tag – affixed securely to dog at all times ^(d)

The owner of a dog shall ensure an identification tag is always securely affixed on the dog. The identification tag must include a phone number for the owner of the dog and must be of sufficient size and contrast to be easily read. Other information about the dog and owner may also be included on the tag.

b)    Tag Removal

No person shall, within the Township of Southwold, unlawfully remove a dog tag from a licensed dog.

5.     KENNELS

5.1               No person shall establish a kennel except where it is permitted under the current Zoning by-law or where re-zoning has been approved and every person shall obtain permission to establish a kennel.

5.2              No person shall keep a dog kennel without a kennel license. ^(e)

5.3             Every owner of a kennel shall obtain a kennel license and pay to the Township a kennel license fee for each year or any portion thereof as may be established annually. ^(f) 

5.4             Every kennel shall be kept in a clean and sanitary condition and free of refuse of any kind at all times so as to prevent the arising of odors therefrom, and shall be kept free of flies or vermin at all times.

5.5             Where a kennel has acquired legal non-conforming status, such use for the boarding of dogs may continue without limitation as to the number of dogs boarded and not subject to re-zoning until such use is discontinued by the present owner.

5.6             No kennel with an outside area of confinement for dogs shall be constructed or located within 10 meters of any building used for human habitation on any adjacent lot, and no outside area of confinement for dogs shall be constructed or located within three meters of any property boundary line, unless approved by Council.

5.7             All kennels may be subject to inspection by the Animal Control Officer and/or the Ontario SPCA and Humane Society, Police Officer or any such other person as may be appointed by Council.  If determined by the inspector that the kennel does not comply with this by-law or any other regulation for operation of a kennel, the kennel licence may be revoked.  The owner of the kennel shall have a right to appeal to Council the kennel licence revocation[JC1] [JC2] [JM3] . ^(g)

5.8             No person shall operate a dog kennel except in accordance with the terms and conditions of the kennel license issued by the Municipality.

5.9             Notwithstanding the provisions of this by-law, the municipality may, in its absolute discretion, limit the number of dogs which may be kept in the dog kennel as a condition of the license.

5.10          After having given notice in writing to the owner and/or operator of such dog kennel, the Municipality may, at any time, cancel a Dog Kennel License when it is Council’s determination that the continued operation of the dog kennel is not in the best interest of the Municipality.  Grounds for cancellation of a Dog Kennel License include but are not limited to unresolved noise complaints, sanitation, care of dogs as established by the Pound Act, or uses other than that permitted by the Dog Kennel License.

5.11             The Municipality may order the owner of a dog kennel to erect and install a proper fence, to a height acceptable to the municipality, around every pen, run or exercise yard, and the owner thereof must comply with such order.

6.     FEES

6.1       Where a dog is redeemed from the Poundkeeper, the owner shall provide proof of ownership of the dog, and pay the Poundkeeper the applicable maintenance charges prescribed, and any other damages, fines and expenses according to law.

7.     IMPOUNDING

7.1              Seizure - impounding

The Animal Control Officer shall only pick up dogs that have been captured, contained or tied up by a person.  The Animal Control Officer shall impound any dog seized by him or delivered to him by a police officer, municipal enforcement officer or Animal Control Officer.

It shall be the duty of the Animal Control to transport the dog to be impounded at the St. Thomas Animal Control Shelter. 

7.2            Non-redemption

In the event an impounded dog is not redeemed by the owner within the redemption period of three (3) days, the dog shall become the property of the Municipality, which may sell it or otherwise dispose of it as deemed appropriate.  When not practical to impound, dogs running at large may be destroyed, whether before or after impoundment and in either event, no damages or compensation shall be recovered on account of the dog being destroyed.

The owner of every dog impounded, whether or not the dog is claimed by the owner from the pound, is liable for the payment of any pound fee, boarding fee, veterinarian costs, euthanasia and disposal fees, or any other fees associated with the impoundment the dog.

7.3            Disposal – dog - not claimed – Poundkeeper - discretion

Where a dog that is impounded is not claimed by the owner thereof within the redemption period the Poundkeeper may retain the dog for such further time as he may consider proper and during that time the Poundkeeper may:

(a)              sell the dog for such price as he may consider proper;

(b)             euthanize the dog;

(c)              dispose of the dog in accordance with the Animals for Research Act.

7.4            Euthanasia - for humane - safety reasons

Where a dog that is captured or taken into custody is injured or in the opinion of the Poundkeeper, should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the dog may be euthanized in a humane manner as soon after capture or taking into custody as he may determine, and may do so without permitting any person to reclaim the dog or without offering it for sale.

7.5            Euthanasia - dangerous dog - running at large

In the opinion of an Animal Control Officer, where a dog cannot be captured and where the safety of persons or animals are endangered, the dog  may be euthanized and no damages or compensation shall be recovered by the owner of the dog for said destruction.

7.6            Veterinary services – required - payable by owner

Where a dog is captured or taken into custody, and the services of a veterinarian are required, the Township of Southwold shall pay to the Poundkeeper all fees and charges of the veterinarian in addition to all other fees and per diem charges payable under this by-law, whether the dog is alive, dies or is euthanized.  If the owner of the dog is known, all fees shall be charged to the owner.

7.7            Compensation - to dog owner - prohibited

No compensation, damages, fees or any other sum of money on account of or by reason of the impounding, euthanasia or other disposal of the impounded dog in the course of the administration and enforcement of this by-law shall be:

(a)              recovered by any owner or other person; or

(b)             paid by the Township of Southwold.