HomeMy WebLinkAboutBy-law No. 2023-011THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-011
BEING A BY-LAW TO PROVIDE FOR THE REGULATION,
RESTRICTION AND PROHIBITION OF THE KEEPING AND
THE RUNNING AT LARGE OF DOGS IN
THE MUNICIPALITY OF BAYHAM
WHEREAS the Municipal Act, S.O. 2001, C.25 Sections 11, 103, 105 and 391(1),
as amended, provides that a municipality may pass by-laws prohibiting, regulating and
restricting the keeping of animals or any class thereof, the destruction thereof and allow for
a licensing and animal identification system;
AND WHEREAS the Provincial Animal Welfare Services Act, R.S.O. 2019 C. P13, Section
13 provides that every person who owns or has a custody or care of an animal shall comply
with the standards of care and the administrative requirements with respect to every animal
that the person owns or has custody or care of;
AND WHEREAS the Animals for Research Act, R.S.O. 1990, C. A22, Section 20
provides for the impounding and sale or destruction of a dog or cat;
AND WHEREAS the Dog Owners Liability Act, R.S.O. 1990, C.D16, as amended,
provides for the protection of persons and property;
AND WHEREAS the Ontario Police Services Act, R.S.O. 1990, C. P15, as amended,
provides that Council may appoint Municipal By -Law Enforcement Officers to enforce all
municipal by-laws;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
advisable to enact such a by-law;
NOW THEREFORE the Council of the Corporation of the Municipality of Bayham enacts
as follows:
SHORT TITLE:
This By-law may be cited as the `Dog Control By-law'
SECTION 1 - DEFINITIONS
For the purpose of this By-law:
Animal Rescue Facility shall mean a premises approved by site specific zoning to
operate a dog rescue and adoption program at a specific property within the
Municipality.
1 2 Assisting Agency shall mean a person, business, sanctuary, organization or
agency acting under the direction of an Officer directly contributing tactical
expertise or service resources to an Officer.
1 3 Breed(ing) shall include the act of producing puppies which results in financial
compensation for those puppies.
1.4 Council shall mean the Council of the Corporation of the Municipality of Bayham.
1 5 Dangerous Dog shall mean any dog:
i that, in the absence of any mitigating factor, has attacked, bitten or caused
injury to a human being or has demonstrated the propensity, tendency or
disposition to do so; or
i. that, in the absence of any mitigating factor, has attacked, bitten or caused
injury to a domestic animal requiring the services and treatment of a
veterinarian or has demonstrated the propensity, tendency or disposition to do
so.
1.6 Dog shall mean a male or female dog of any age.
Dog Identification shall mean a method of identifying the dog by either a tag
which will have the owner's phone number and in contrast that it is easily visible or
the dog be microchipped with the owner's information.
8 Dwelling Unit shall mean one or more habitable rooms occupied or capable of
being occupied as an independent and separate housekeeping establishment in
which separate kitchen and sanitary facilities are provided for the use of such
occupants, with a private entrance from outside the building or from a common
hallway or stairway inside the building.
i .fD Enclosure shall mean an enclosed area of sufficient dimension and construction
to provide humane shelter for an animal while preventing it from escaping and
preventing the entry therein of supervised children.
1.10 Hamlet shall mean those urban areas designated as hamlets within the Official
Plan of the Municipality of Bayham, passed on July 5, 2001, as amended from
time to time.
1.11 Kennel shall mean a lot, building, structure or establishment in which four (4) or
more dogs, are housed, boarded or bred, and which may offer provisions for
minor medical treatment; and which premises shall require a license from the
Municipality by an approved application including a site specific zoning
designation to allow for the use of a kennel.
1.12 Mitigating Factor shall mean a circumstance which excuses 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 defense to an
attack from a person or domestic animal;
il. the dog was, at the time of the aggressive behaviour, acting in defense of its
young or to a person or domestic animal trespassing on the property of its
owner, or
iii. the dog bite, attack or threat of attack was sustained by a person who, at the
time was committing a willful trespass or other tort upon the premises
occupied by the owner of keeper of the dog;
iv- the dog was, at the time of the aggressive behaviour, being tormented.
1.13 Municipality shall mean the Corporation of the Municipality of Bayham.
1.14 Muzzle shall mean a humane fastening or covering device of adequate strength
placed over a dog's mouth to prevent it from biting.
1.15 Officer shall mean a Municipal Law Enforcement Officer of the Municipality of
Bayham, a Police Officer or a person who is appointed by Council or designate,
whose duties include the enforcement of this By-law and shall include the
Municipal Animal Control Officer.
1.16 Owner shall include a person who keeps, possesses or harbours a dog and
where the owner is a minor, the person responsible for the custody of the minor.
1.17 Pound shall mean such premises and facilities designated by the Corporation of
the Municipality of Bayham as the Municipal Dog Pound.
1.18 Pound Keeper shall mean a person or association appointed by the Corporation
of the Municipality of Bayham to operate, maintain, and administer the Municipal
Dog Pound.
1.19 Person shall include 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.
1.20 Premises shall include the entire lot on which a dwelling may or may not be
situated; or a dwelling unit within a multi -dwelling unit building, but does not
include the common areas adjacent to a multi -dwelling unit unless those common
areas are completely enclosed.
1.21 Restrained shall mean being kept inside a building or house or in an enclosure of
sufficient dimension and strength to be humane and secure so as to prevent an
animal from coming in contact with or making a real and substantial threat of
attack on a person other than the owner of the animal, or invitee of the owner, and
includes keeping such animal securely on a leash of not more than two (2) meters
in length when outside of such building, house or enclosure.
1.22 Running at large shall mean to be found in any place other than the premises of
the owner and not under the physical control of any person by means of a leash.
1.23 Service Dog shall mean a dog used for a person with a disability:
i. If it is a guide animal as defined in Section 1 of the Blind Persons Rights'
Act;
ii. If it is readily apparent that the animal is used by the person for reason
relating to his disability; or
iii. If the person provides a letter from a physician or nurse confirming that the
person requires the dog for reason relating to the disability. (Accessibility for
Ontarian with Disabilities Act, 2005 — O. Reg. 429/7 ss4(8) & (9)
1.24 Village shall mean those urban areas designated as villages within the Official
Plan of the Municipality of Bayham.
SECTION 2 — GENERAL PROVISIONS
2.1 No person shall keep more than two (2) dogs in any one dwelling unit or on any
premises within a hamlet or village.
2.2 No person shall keep more than three (3) dogs in any one dwelling unit or on any
premises in all other areas of the Municipality, unless otherwise designated as a
Kennel.
2.3 No person shall breed, attempt to breed, or procure for breeding, any dogs unless
otherwise designated as a Kennel.
2, Every person having control of a dog shall forthwith remove and sanitarily dispose
of excrement left by a dog anywhere in the Municipality including on any highway,
public park, or public area.
2 5 No person who owns, possesses or is in care and control of a dog shall permit a
dog, of which that person is the owner, 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 No person who owns, possesses or is in care and control of a dog shall allow or
permit a dog, of which that person is the owner, to run at large or fail to prohibit
the dog from running at large, on any private property without the consent of the
person apparently in possession or having ownership of the property or in a public
place.
2.7 No person who owns, possesses or is in care and control of a dog shall permit
said dog to enter upon the Municipal East Beach in Port Burwell between 8:00 am
— 8:00 p.m. commencing of June 1st through and including October 31st of the
year.
2_6 Any person who owns, harbours or possesses a dog shall not permit the dog to
i, threaten, bite or attack any person;
ii. threaten, bite or attack any animal; or
iii. damage public or private property.
.9 Every owner or person having the care and custody of a dog three (3) months of
age or over shall ensure that the dog is immunized against rabies, and shall
ensure that the dog is re -immunized against rabies by the date specified in the
certificate of immunization issued.
i_ At the request of an Officer, the owner of person having the care and
custody of a dog shall provide a valid certificate verifying that said dog has
been vaccinated against rabies.
SECTION 3 - DANGEROUS DOGS
3.1 The decision to designate a dog a dangerous dog shall be at the sole absolute
and unfettered discretion of an Officer following an investigation of an incident.
3.2 An Officer shall provide written notice to the owner of the dangerous dog outlining
the required actions to be completed within a specified time period.
i_ Any such notice served by an Officer shall be provided by hand delivery or
prepaid registered mail, and in the event of service by prepaid registered mail,
shall be deemed received on the fifth (5t") working day after the date of
mailing.
ii. No person shall fail to comply with Section 3.2 of this by-law within the
specified notice period.
iii. After a dog is designated as a dangerous dog by an Officer, no owner shall
fail to comply with the provisions of the dangerous dog designation as outlined
within Section 3.3 of this By-law.
3.3 When a dangerous dog is off its owner's property the owner shall:
i. ensure the dog is securely muzzled in a humane manner at all times;
ii. ensure the dog is on a leash not longer than one (1) meter; and
iii, ensure the dog is under the control of a person over the age of eighteen,
_4 When a dangerous dog is on its owner's property the owner shall ensure the dog
is securely confined within an enclosure that meets the following standards:
i, shall be suitable to prevent the escape of the dangerous dog and capable of
preventing the entry of any person not in control of the dog.
ii, must have minimum dimensions of two (2) meters and must have secure
sides and secure top.
If the enclosure has no bottom secured to the sides, the sides must be
embedded into the ground no less than thirty (30) centimeters deep.
iv. The enclosure shall also provide protection from the elements for the dog.
v_ The enclosure shall not be within three (3) meters of the property line or
within three (3) meters of a neighbouring dwelling unit.
3.5 An owner of a dangerous dog shall obtain and maintain in force a policy of public
liability insurance issued by an insurer licensed by the Province of Ontario
providing third party liability coverage in an amount of not less than Two Million
($2,000,000) Dollars for any damage or injury caused by such dangerous dog and
provide the Municipality a certificate of such policy and each subsequent renewal
thereof, such policy shall contain a provision requiring the insurer to immediately
notify the Municipality should the policy expire, be cancelled or be terminated for
any reason.
8.6 An owner of a dog which has been designated a dangerous dog pursuant to this
by-law shall advise the Municipality immediately if he transfers ownership of such
dog to another person, changes the address at which such dog is kept or has the
dog euthanized, and shall furnish the Municipality with the particulars of the same
and any other information which may be reasonably requested by the an Officer.
3Y An Officer may, at any reasonable time, enter upon any property for the purpose
of carrying out an inspection to determine whether or not the provisions of this By-
law are being complied with.
8.8 An Officer shall have the power to seize and impound a dog found within the
Municipality contrary to the provisions of this By-law.
3.9 An Officer exercising the power to inspect, seize or impound pursuant to Section
3.7 and Section 3.8 of this by-law may be accompanied by an assisting agency
acting under his direction.
3.10 All Dangerous Dogs designations shall be subject to the necessary provisions of
the Statutory Powers Act.
SECTION 4 — DOG TAGS
4.1 Every person who owns, possesses or is in care and control of a dog shall ensure
that that the dog has Dog Identification when it is off the owner's property.
SECTION 5 - KENNELS
5.1 A Kennel shall only be located outside a hamlet or village area.
5.2 Any person or persons who wish to keep more than three dogs in an area which
permits kennels shall apply for a Kennel license.
5.2 No person shall erect, maintain, or operate a Kennel within the Municipality unless
that use is permitted in the Municipal Zoning By-law or through a site specific
amendment unless existing prior to the effective date of Zoning By-law No. Z456-
2003.
5.3 All applications for Kennel licenses shall be accompanied by the following
information:
1. Name and address of kennel owner;
2. Type of breed of dogs housed, boarded, bred or raised;
3. Location of kennel;
4. Proof of approved site specific zoning;
5. Proof of approved Site Plan;
6. Applicable fee.
5.4 Every person who holds a Kennel license shall comply with the following
requirements:
i. The license shall be exposed at all times in a conspicuous place in the interior
of the premises;
ii. The premises shall be maintained in a sanitary, well ventilated, clean condition
and free from offensive odours;
iii. The dogs shall be kept in sanitary, well bedded, well ventilated, naturally
lighted, clean quarters and a healthful temperature shall be maintained at all
times;
iv. The dogs shall be adequately fed and watered and kept in a clean, healthy
condition, free from vermin and disease;
v. The Kennel building shall be in a separate building and shall not be attached to
any building used or capable of being used for human habitation;
vi. The Kennel building and its location shall conform to the applicable zoning by-
law and the Ontario Building code and the building shall be maintained in
damage -free condition;
vii. The Kennel floor shall be thoroughly cleaned daily, or more often if necessary;
viii. Any cage shall be adequately sized to allow the dogs to extend its legs to their
full extent, to stand, sit, turn around or lie down in a fully extended position.
ix. Cages are to be constructed of metal, wire, or partly of wire and shall have
metal or other impermeable bottoms, which shall be cleaned and washed daily,
or more often if necessary;
x. Whelping facilities shall be separate from the individual and/or group kennel
enclosures housing other kennel dogs;
5.5 The Officer may inspect any place where the animals are kept, pursuant to this by-
law.
5.6 If the Kennel is found not to conform to the requirements set out herein, the Officer
may direct that the dogs be seized and impounded and may revoke the license
issued to the Kennel.
5.7 Every owner or operator of a Kennel shall allow access to the facility for the purpose
of inspection at all reasonable hours by an Officer.
5.8 Every owner or operator of a Kennel shall allow access to the facility for an annual
inspection as part of the renewal process.
5.9 If determined by the Officer that the Kennel does not comply with this by-law or any
other regulation for operation of a Kennel, the Kennel license may be revoked.
5.10 The owner of the Kennel shall have a right to appeal to Council the Kennel license
revocation.
SECTION 6 - ANIMAL RESCUE FACILITY
6.1 The owner of the kennel shall have a right to appeal to council the kennel license
revocation.
6.2 An Animal Rescue Facility shall only be located outside a hamlet or village area.
6.3 Any person or persons wishing to operate an Animal Rescue Facility shall apply for
a license.
6.4 No person shall erect, maintain or operate a dog kennel within the Municipality
unless that use is permitted in the Municipal Zoning By-law or through a site specific
amendment unless existing prior to the effective date of Zoning By-law No. Z456-
2003.
6.5 All applications for an Animal Rescue Facility License shall be accompanied by the
following information:
1. Name and address of facility owner;
2. Location of facility;
3_ Proof of approved site specific zoning;
4. Proof of approved Site Plan;
5. Proof of demonstration of operating in good faith through a reference letter by
their primary veterinarian;
6. Applicable fee.
&6 Every person who holds an Animal Rescue Facility license shall comply with the
following requirements:
i. The license shall be exposed at all times in a conspicuous place in the interior of
the premises;
ji_ The premises shall be maintained in a sanitary, well ventilated, clean condition
and free from offensive odours;
iii. The dogs shall be kept in sanitary, well bedded, well ventilated, naturally lighted,
clean quarters and a healthful temperature shall be maintained at all times;
iv. The dogs shall be adequately fed and watered and kept in a clean, healthy
condition, free from vermin and disease;
v. The rescue facility shall be in a separate building and shall not be attached to any
building used or capable of being used for human habitation;
vi. The rescue facility and its location shall conform to the applicable zoning by-law
and the Ontario Building code and the building shall be maintained in damage -
free condition;
vil. The rescue facility floor shall be thoroughly cleaned daily, or more often if
necessary;
viii. Any cage shall be adequately sized to allow the dogs to extend its legs to their full
extent, to stand, sit, turn around or lie down in a fully extended position;
i. Cages are to be constructed of metal, wire, or partly of wire and shall have metal
or other impermeable bottoms, which shall be cleaned and washed daily, or more
often if necessary.
6_7 The Municipality may renew the authority issued under Section 6.5 for a person to
continue to operate an Animal Rescue Facility where the person has provided an
annual report to the Municipality with information regarding the adoption of dogs,
including the number of dogs adopted, who adopted the dog, address of the new
owner and date the dog was adopted, and demonstrated he will continue to the
meet the requirements under Section 6 of this by-law.
SECTION 7 - IMPOUNDING
7 -1 An Officer may seize and impound any dog found running at large contrary to the
provisions of this Bylaw.
7.2 Every dog seized by an Officer shall be forthwith delivered to the Pound Keeper.
7.3 The owner or keeper of a dog impounded for being at large shall be entitled to
redeem such dog within 72 hours from the time of impoundment, exclusive of the
day of impoundment, statutory holidays, and days during which the pound is
otherwise closed, upon paying the Municipality the applicable maintenance charges
prescribed, and any other damages, fines and expenses according to law.
f 4 Where a dog that is impounded is not claimed by the owner thereof within the
redemption period specified under this by-law, the Pound Keeper may retain the dog
for such further time as he may consider proper and during that time the Pound
Keeper may:
i sell the dog for such price as he may consider proper;
H. euthanize the dog;
Ill. dispose of the dog in accordance with the Animals for Research Act.
7 5 Where a dog that is captured or taken into custody is injured or in the opinion of the
Pound Keeper, should be destroyed without delay for humane reasons or for
reasons of safety to persons or animals, the Officer or other trained person
appointed by the Pound Keeper, may euthanize the dog 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.
7.6 In the opinion of an Officer, where a dog cannot be captured and where the safety of
persons or animals are endangered, an Officer may euthanize the dog and no
damages or compensation shall be recovered by the owner of the dog for said
destruction.
r'. r Where a dog is captured or taken into custody, and the services of a veterinarian
are secured by the Pound Keeper, the owner shall pay to the Municipality 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.
7.8 Every pound fee or other maintenance fee and license fee that is unpaid in whole or
in part is a debt due to the Municipality and is recoverable in any court of competent
jurisdiction in which a debt or money demand may be recovered.
7.9 Every pound fee or other maintenance fee and license fee expended by or on behalf
of the Municipality under the authority of the By-law that is unpaid in whole or in part
is a debt due to the Corporation and shall be collected in like manner a municipal
taxes.
7.10 Where a dog is claimed from the Pound keeper, the owner shall provide proof of
ownership of the dog, and pay the Municipality the applicable maintenance fees
prescribed, and any other damages, fines and expenses according to law prior to
release of the dog.
SECTION 8 - EXEMPTIONS
8.1 This by-law shall not apply to:
a dog hospital, clinic or kennel, lawfully operated for the exclusive purpose of
treating sick or injured animals, and supervised by a veterinarian who is a
registered member of the Ontario Veterinary Association.
ii. the Ontario Society for the Prevention of Cruelty to Animals.
Dogs maintained in a zoo, fair, exhibition, dog show or circus operated or licensed
by a municipal or other governmental authority.
iv Dogs maintained at a research facility registered under the Animals for Research
Act.
SECTION 9 - ADMINISTRATION AND ENFORCEMENT
9.1 Unless otherwise indicated, the administration of this By-law shall be assigned by
Council to an Officer who may delegate the performance of his functions under
this By-law from time to time as occasion requires.
9.2 In this By-law, unless the contrary intention is indicated, words used in the
singular shall include the plural and words used in the male gender shall include
the female gender or vice versa, where applicable.
.3 If there is a conflict between a provision in this By-law and a provision of any other
Municipal By-law, the provision that establishes the highest standard to protect
the health, safety and welfare of the general public shall apply.
9.4 The Officer may enter onto lands accompanied by any other person under the
Officer's direction, and with the appropriate equipment as required, to determine a
violation of this by-law. No owner shall fail to comply or not allow the Officer entry
onto the lands.
'. r.No person shall prevent, hinder, or interfere or attempt to prevent, hinder or
interfere with an inspection undertaken by an Officer.
t? (: The Court 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, and shall such Order shall be in
addition to any other penalty imposed on the person convicted.
9. ;" If a Court of competent jurisdiction should determine that any section or part of a
section of this by-law is invalid, the remainder of this by-law shall remain valid and
still in force.
ECTION 10 - PENALTIES
10.1 Every person who contravenes any of the provisions of this By-law is guilty of an
offence and upon conviction is liable to pay a fine or penalty for each offence,
exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990,
c.P.33, as may be amended from time to time.
SECTION 11 — NO LIABILITY FOR DAMAGES
11.1 The Municipality, its agents and servants, and in particular the Officer, shall not be
liable for damages or compensation for any dog killed, euthanized, or otherwise
disposed of pursuant to any provision of this by-law and no such damages or
compensation shall be paid to any person.
SECTION 12 - TRANSITION
12.1 Every license issued pursuant to this by-law shall be deemed to be a license issued
under this by-law and every such license shall continue to be valid until its normal
date of expiry.
12.2 Every act taken pursuant to the predecessor to this by-law shall, as necessary, be
deemed to have been taken pursuant to this by-law and every such act may be
carried to its conclusion pursuant to the authority granted by this by-law.
SECTION 13 - REPEAL -ENACTMENT
13.1 By-law No. 2015-113 shall be repealed in its entirety upon the passing of this by-
law.
13.2 This By-law shall come into full force and effect on the date of its passing by
Council.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16t" DAY
OF MARCH 2O23.
MAYOR
The Corporation of the Municipality of Bayham
Schedule `A'
BY-LAW NO. 2023-011
Schedule of License Fees
TYPE
Kennel License (first time)
Kennel License (renewal)
FEE
$250
200
Animal Rescue Facility License (first time) 1 $150
Animal Rescue Facility License (renewal) 1 100