Dog Legislation Council of Canada

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BRIGHTON, ONTARIO
DOG CONTROL BY-LAW

Draft By-Law for the Licensing, Registration and Regulation of the Keeping and Controlling of Dogs within the Municipality of Brighton, has been revised after the Public Meeting held on Monday, March 7th, 2005.

The requirement to muzzle certain breeds when off the premises of their owners has been withdrawn. There are no breed specific requirements.

Fines dealing with public protection from dangerous dogs, dogs running at large, and failure to control by leash or muzzle have increased.

Licensing fees for dangerous dogs have increased.

Dog pick-up and impound fees have increased.

In addition, a fine of $100.00 has been added for anyone who harasses, agitates, taunts, releases or attempts to release any dog which is secured on the property of its owner or agent.

 

THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NUMBER 287-2005

Being a By-law to Provide for the Licensing, Registration and Regulation of the Keeping and Controlling of Dogs in the Municipality of Brighton.

WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, provides in Sections 9, 103, 104, and 105, that Councils of loca1 municipalities are authorized to pass by-laws for the licensing, registration and regulation of the keeping and controlling of dogs within the Municipality.

NOW, THEREFORE,the Council of The Corporation of the Municipality of Brighton ENACTS AS FOLLOWS:
SECTION 1
SHORT TITLE 1.1
This by-law may be cited as the "Dog Control By-law"

SECTION 2
DEFINITIONS

In this by-law the following words and phrases shall have the following meanings:
"Animal Control Officer" includes the person who has entered into a contract with the Corporation of the Municipality of Brighton to control animals and any servants or agents of such person.
"Control" means having at all times, the ability to manage, direct, restrict and restrain the movements of a dog.
"Council" shall mean the Council of The Corporation of the Municipality of Brighton.
"Dangerous dog" means any individual dog
(i) that has killed a domestic animal without provocation while off the owner's property;
(ii) that has bitten or injured a human being or domestic animal without provocation, on public or private property;
(iii) that is attack trained;
"Dog" means a male or female domesticated dog over the age of 12 weeks.
"Domestic Animal' shall mean and include, a dog, a cat, or any other mammal, bird, or reptile being kept as a household pet.
"Guide Dog" shall mean a dog professionally trained as a guide dog for a blind or visually impaired person and having the qualifications prescribed by the regulations under the Blind Person's' Rights Act; and shall also include a dog professionally trained as a guide dog for other physically disabled persons.
"Injured" in respect of livestock or poultry shall mean injure by wounding, worrying or pursuing. Injured and injuring shall have a corresponding meaning.
"Inspector" means a person designated by the Municipality to be responsible for enforcing this bylaw.
"Kennel" means an establishment kept solely, or in part, for the breeding, boarding showing, training, or a combination of any of the aforementioned services, of more than 3 dogs, whether or not the activity is performed for financial gain or profit.
"Leash" shall mean a restraining device of sufficient strength and material that is being used to hold a dog.
"Leashed" shall mean when a dog is wearing a restraining device of sufficient strength and material appropriate to the size of the dog, and is held or controlled by a person or object.
"Licence" for the purpose of this By-law, shall be deemed to be the receipt issued by the Treasurer of the Corporation of the Municipality of Brighton or his/her authorized agent, upon payment of the appropriate tax or licence fee.
"Medical Officer" shall mean the Medical Officer of Health, Haliburton, Kawartha, Pine Ridge District Health Unit.
"Municipality" shall mean the Corporation of the Municipality of Brighton.
"Municipal Law Enforcement Officer" shall mean a Police Officer, a Municipal Law Enforcement Officer for the Municipality of Brighton or anyone acting under this authority.
"Muzzle" means a humane fastening or covering device of adequate strength over the mouth of a dog to prevent it from biting.
"Officer" shall mean a person appointed by the Council of the Corporation of the Municipality of Brighton to enforce the provisions of this by-law as a Provincial Offences Officer.
"Off Leash Area" shall mean areas where dogs are permitted to roam without a leash while still under the direct control of its owner or handler. These designated areas are lands specified in Schedule "B" of this by-law.
"Owner" means any person, partnership, association or corporation that owns, possesses, harbours, or has control, care or custody over an animal; and where the owner is a minor, the person responsible for the custody of the minor. Owner includes the person for the time-being managing or receiving the rent for the land or the premises in connection with which this word is used, whether on the person's own account or as agent or trustee of any other person or who would so receive the rent if such land an premises were let and shall also include a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property.
"Person" shall mean any individual, firm, incorporated group, business entity or club to whom the context can apply.
"Police Work Dog" shall mean a dog trained to aid Law Enforcement Officers and is actually being used for police work purposes for the protection of the public, including the investigation of crime and apprehension of law violators.
"Possession or Harbouring" shall be deemed to occur when a person permits a dog to remain at or about or on the property or the premises which he/she owns or occupies or which is habitually kept on such property.
"Pound" shall mean such premises and facilities designated by the Corporation of the Municipality of Brighton as a Municipal Pound.
"Pound Keeper" shall mean a person, persons, association or society appointed by the Corporation of the Municipality of Brighton to maintain and administer the Pound.
"Restrained" shall mean being kept inside a building or house or in an enclosed pen of sufficient dimensions and strength to be humane or leashed to prevent a dog from coming in contact with person other than the owner of the dog.
"Running at Large" means a dog that is not on the property of the owner or other allowable location and not held on a leash.
"Waste" shall mean:
(i) waste matter sent out from the body (excrement); or,
(ii) a solid waste matter sent from the body (faeces).
"Yard" shall mean a space, appurtenant to a building or structure, located on the same property as the building or structure, and which space is open, uncovered and unoccupied from the ground to the sky except for such accessory buildings, structures, or uses as are specifically permitted.
"Zoning By-law" shall mean the Municipality of Brighton Zoning By-law Number 140-2002 and all amendments thereto.

SECTION 3
UNSANITARY CONDITIONS, TAUNTING PROHIBITED

3.1 No person shall keep a dog in an unsanitary condition within the Municipality. Conditions shall be considered unsanitary where the keeping of a dog, results in an accumulation of fecal matter, an odour, insect infestation or rodent attractants which endanger the health of the dog or any person, or which disturb or are likely to disturb the enjoyment, comfort or convenience of any person in or about any dwelling, office, hospital or commercial establishment.

3.2 No person shall harass, agitate, taunt, release, or attempt to release any dog which is at the time secured on the property of its owner, or the property of some other person authorized by the owner to be in possession of the dog. (See Schedule "A" for fine).

SECTION 4
RESPONSIBILITIES

4.1 Owners’ Responsibilities
4.1.1 If a dog defecates on any public or private property other than the property of its owner, the owner shall cause such excrement/feces to be removed immediately and entirely and disposed of in an environmentally approved manner. This section shall not apply to a guide dog while on a leash and actually in use providing assistance to a disabled person.

4.1.2 No owner shall permit, allow or for any reason have his or her dog, bark or howl excessively, or in any other manner disturb the quiet of any person. Due to the inherent differences between rural and urban areas within the Municipality, Sections 4.1.1, 4.1.2, and 4.1.4 will only be investigated upon receipt of a signed written complaint.

4.1.3 No owner of a dog shall permit his or her dog to, without provocation: a) chase, bite or attack any person b) chase, bite or attack any domestic animal c) damage public or private property

4.1.4 The running at large of dogs is prohibited within the Municipality, except for dogs in designated off-leash areas (See Schedule "B "). A Municipal Law Enforcement Officer or Pound Keeper, or Inspector may seize any dog running at large in the Municipality and cause such dog to be returned to the owner or impounded. This section shall not apply in cases where prior consent to allow the dog to be at large is given by the person owning the land upon which the dog is found.

4.1.5 A dog shall not be considered to be running at large if it is a guide dog or a police work dog.

4.1.6 Any owner of a dog that has been seized or impounded shall pay an amount in accordance with Schedule "A" prior to the release of that dog.

4.1.7 Any owner of a dog that has been seized or impounded that has not obtained a licence for the current year shall purchase a licence before the animal is released.

4.2 Licensing
4.2.1 The owner of any dog aged four months or more shall obtain a licence for the dog by registering the dog with the Municipality and paying a fee as determined by the Municipality. (See Schedule A for fees)

4.2.2 The owner shall renew the licence annually with the Municipality effective January 1 of each calendar year.

4.2.3 When the dog is off the property of the owner the owner, he/she shall ensure that the dog is fitted with a collar appropriate to the size of the dog, to which shall be attached the current licence tag issued by the Municipality of Brighton for that dog. This provision shall not apply to "Off Leash" areas when the dog is accompanied by and under the control of it's owner or handler.

4.2.4 A dog used as a guide or for assistance to a disabled person shall be licensed and shall wear the current licence tag. Any person who produces evidence satisfactory to the Municipality showing that the dog is required as a guide or for assistance by a disabled person shall be exempt from paying the licence fee.

4.2.5 The Municipality shall keep a record of all dogs registered and licensed, showing the date and number of registration and licence, and the name and description of the dog, with the name and address of the owner.

4.2.6 If a dog is licensed in another jurisdiction for the current year, the owner shall advise the Municipality providing proof of such licensing.

4.3 Impoundment
4.3.1 The inspector may seize and impound:
a) every dog found at large
b) every dog not wearing a collar and tag while off the premises of the owner and not accompanied by a person responsible.

4.3.2 The inspector, pound keeper or police constable shall make all reasonable efforts to identify and contact the owner of every stray animal received, whether the animal is living or dead.

4.3.3 Every dog impounded shall be provided with clean food and water and sheltered in sanitary conditions. The dog shall remain impounded for five days or for the length of time prescribed by provincial pound legislation, unless the dog is claimed by its rightful owners. If not claimed within that time, the dog shall become the property of the pound keeper.

4.3.4 Where in the opinion of the pound keeper, in consultation with a veterinarian, a dog which has been seized and impounded is injured or ill and should be destroyed without delay for humane reasons or for reasons of safety to persons, the dog may be euthanized humanely if reasonable efforts to locate the owner of the dog have failed.

4.3.5 Where a dog has been seized and impounded is injured or ill and is treated by a veterinarian, pound keeper shall, in addition to any impoundment fees, be entitled to charge the person claiming the dog for the cost of the treatment.

4.3.6 During the impoundment period, the owner may claim the dog upon proof of ownership of the dog, and payment to the pound keeper:
a) the appropriate licence fee where the dog is not licensed,
b) maintenance fees as identified in Schedule "A", and
c) veterinary fees where applicable.

4.3.7 A dog that is impounded and not claimed by the owner within the time provided in subsection 4.3.3 may
a) be adopted for such price as has been established by the pound keeper; or
b) be euthanized by lethal injection of a barbiturate in accordance with the "Food and Drug Act".

4.3.8 No person shall remove, or attempt to remove any dog from the possession of a Police Officer, Municipal Law Enforcement Officer, Officer or Pound Keeper.

SECTION 5
DANGEROUS DOGS

5.1 The owner of a dangerous dog shall ensure that:
a) such dog is licensed with the Municipality as a dangerous dog in accordance with the fees outlined in Appendix "A";
b) that such dog is spayed or neutered;
c) they comply with the owner's responsibilities as outlined in Section 5;
d) at all times when off the owner's property, the dog shall be muzzled;
e) at all times when off the owner's property, the dog shall be on a leash appropriate to the size of the dog, not longer than one metre and under the control of a responsible person over the age of eighteen;
f) when such dog is on the property of the owner, it shall be either securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the escape of the dangerous dog and capable of preventing penetration by an adult or child not in control of the dog. Such pen or structure must have secure sides and top secured to the sides, and have minimum dimensions of two metres by four metres, and a height appropriate to the size of the dog. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than thirty centimeters deep. The enclosure must also provide protection from the elements for the dog. This pen or structure shall not be placed within three metres of a property line, and a minimum of five metres away from a neighbouring residence. Such dog may not be chained as a means of confinement.
g) a sign is displayed at each entrance to the property and building in which the dog is kept warning in clear legible printing, as well as with a symbol, that there is a dangerous dog on the property. These signs shall be visible and legible from the nearest road or thoroughfare.
h) a policy of liability insurance, satisfactory to the Municipality, is in force in the amount of at least five hundred thousand dollars, covering the twelve month period during which the license is sought, for injuries or damage that may be caused by the dangerous dog. This policy shall contain a provision requiring the Municipality to be named as an additional insured for the sole purpose of the Municipality to be notified by the insurance company of any cancellation, termination or expiration of the policy.

5.2 The Municipality shall have the authority to make whatever inquiry is deemed necessary to ensure compliance with the provisions outlined in this section.

5.3 If the owner of a dog that has been designated as dangerous is unwilling or unable to comply with the requirements of this section, said dog shall then be humanely euthanized by an animal shelter, animal control agency or licensed veterinarian, after a fourteen day holding period. Any dog that has been designated as dangerous under this by-law may not be offered for adoption.

5.4 When a dog has bitten or attacked a person, or fought with, bitten or attacked a dog or domestic animal, the owner shall cause the dog to remain muzzled or leashed until such time as the incident has been reviewed by the Municipal Law Enforcement Officer. The Municipal Law Enforcement Officer, as a result of his review may:
(a) exempt the owner from the muzzling or leashing requirement;
(b) rule that the dog is a dangerous dog, whereby the owner must comply with Section 5 of this By-Law;
(c) commence proceedings under the Dog Owner's Liability Act, whereby at the discretion of the Judge, penalties ranging from a fine to an order to destroy the dog may be imposed.

5.5 If the Municipal Law Enforcement Officer requires that a dog be leashed and/or muzzled after biting a person, dog or domestic animal, the owner of the dog may request, and is entitled to, a hearing by the Councilor a Committee thereof which may declare the dog not to be dangerous and further exempt the owner from the muzzling or leashing requirement, or both.

5.6 Under no circumstances will dog fighting, or the keeping or training of dogs for fighting be permitted.

SECTION 6
KENNELS

6.1 Dog kennels may only be located in a "Rural" or "Agricultural" zone as defined by the Municipality of Brighton Zoning By-law No. 140-2002 as amended. A site specific amendment to Zoning By-law No. 140-2002 shall be required prior to the licensing of any dog kennel. A dog kennel shall not be located within 300 metres of a residential zone or any dwelling on another lot.

6.2 Every person who owns or operates a kennel shall, upon application and payment of a licence fee as set out in Appendix A and upon the approval of the Municipality, obtain a license to operate a kennel no later than January 1.

6.3 Every kennel license shall be for each calendar year of operation commencing on January 1 of each year. The full license fee shall be paid regardless of what date of the year the initial application was approved.

6.4 Every person who owns or operates a kennel shall comply with the requirements set out in "A Code of Practice for Canadian Kennel Operations" (Canadian Veterinary Medical Association, September 1994).

6.5 Every person who owns or operates a kennel shall comply with the by-laws of the Municipality.

6.6 Where an owner or operator of a kennel fails to comply with a by-law of the Municipality, the licence may be suspended or revoked.

6.7 Every person who owns or operates a kennel shall permit an inspector to enter and inspect the kennel at all reasonable times, upon production of proper identification, for the purpose of determining compliance with this by-law.

6.8 Where an inspector finds that the owner or operator of a kennel does not comply with any regulation in this section, he may direct that the dogs be seized and impounded by the pound keeper.

SECTION 7
TRAPS

7.1 No person other than a licensed trapper shall use, set or maintain a leg hold trap, a killing trap or a snare within the Municipality unless authorized by the by-law officer. This does not include rodent traps, or live capture traps.

SECTION 8
DOG - MAXIMUM

8.1 No person or group of persons shall own, keep, harbour, or possess more than 3 dogs at one time on property owned, rented, leased, or controlled by them.

8.1.1 This section shall not apply to:
(a) a kennel properly zoned and licensed by the Municipality
(b) an animal hospital owned and operated by a veterinarian licensed by the Ontario Veterinary Association
(c) a pet store
(d) an Ontario Humane Society shelter
(e) the Pound all of which must comply with the Zoning By-laws of the Corporation of the Municipality of Brighton.

8.2 Application may be made for an exemption under this section to Council to exceed the maximum number of dogs allowed. If approved, Council reserves the right to specify the number of dogs kept, and may at any time reverse their decision without prior notice depending on the prevailing circumstances.

SECTION 9
PENALTIES

9.1 Any person who contravenes any provision of this bylaw is guilty of an offence and liable to the penalties prescribed in this section.

9.2 Each day of violation of any provision of this bylaw shall constitute a separate offence.

9.3 Every person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act.

9.4 The levying and payment of any fines shall not relieve a person from the necessity of paying any fees, charges or costs from which he or she is liable under the provision of this bylaw.

9.5 Provincial Court Judge, in addition to the penalties provided in this by-law, may, if he/she considers the offence sufficiently serious, direct or order the owner of a dog to prevent such dog from doing mischief or causing the disturbance or nuisance complained of, or have the dog removed from the Municipality, or order the dog destroyed.

9.6 Where any person contravenes the same provision of this bylaw twice within one twelve month period, the specified penalty payable in respect of the second contravention shall be double the amount specified in Schedule "A" of this bylaw in respect of that provision.

9.7 The suggested minimum penalties for violating sections of this bylaw are payable as per Schedule "A" which may be amended from time to time.

9.8 If the owner has not paid the fees demanded in writing, within 30 days of the demand for payment, such fees may be collected by action or in the same manner as taxes.

GENERAL 10
10.1 By-Law Number 144-2003 is hereby repealed.

10.2 This by-law shall come into force and take effect immediately on the date of passing.

READ A FIRST AND SECOND TIME, read a third time and finally passed this xx day of xxxx, 2005.

Mayor Christine Herrington C.A.O. Don O'Neill

 


 

SCHEDULE 'A' TO BY-LAW NO. 287-2005 FEES AS ESTABLISHED BY THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON

Kennel license (Yearly) $ 100.00
Male or female dog (Yearly) $ 15.00
Fee for male or female dog deemed to be a "Dangerous Dog" (Yearly) $ 200.00
Each spayed or neutered dog (Yearly) $ 10.00
Replacement fee for lost tag $ 2.00
Dog license transfer fee $ 2.00
Minimum Pound fee for dog pickup. $ 100.00
Impound fee $ 50.00

 

SET FINES FOR USE UNDER PART 1 OF THE PROVINCIAL OFFENSES ACT THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON DOG CONTROL BY-LAW NO. 287-2005

DESCRIPTION OF OFFENCE PROVISION CREATING OR DEFINING OFFENCE SET FINE
Fail to prevent from disturbing peace by barking or howling excessively Section 4.1.2 $ 50.00
Failure to remove dog waste/feces from public or private property Section 4.1.1 $ 50.00
Failure to register and licence dog for current year
Failure to register and licence dog within 4 months of birth
Section 4.2.1
Section 4.2.1
$ 50.00
$ 20.00
Keep animal unsanitary conditions
Harass, agitate, release or attempt to release any dog
Section 3.1
Section 3.1
$ 50.00
$ 100.00
Remove/attempt to remove dog from custody Section 4.3.8 $ 300.00
Operate a Kennel without licence
Harbour more than (3) dogs
Section 6.2
Section 8.1
$ 500.00
$ 50.00
Use, set, or maintain leg hold trap without permission Section 7.1 $ 500.00
Fail to prevent dog from running at large Section 4.1.4 $ 100.00
Fail to prevent biting or attacking
Fail to ensure dangerous dog is secured
Fail to leash and muzzle dangerous dog off owner's property
Fail to post dangerous dog sign
Fail to maintain insurance liability for dangerous dog
Section 4.1.3
Section 5.1(f)
Section 5.4(d) (e)
Section 5.1(g)
Section 5.1(h)
$ 1,500.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
$ 1,000.00
Dog fighting, or training or keeping of dogs for fighting Section 5.6 $ 5,000.00
Fail to maintain sufficient control by leashing and/or muzzling when directed by the Municipal Law Enforcement Officer Section 4.1.4; 5.4 $ 100.00

 

SCHEDULE 'B' TO BY-LAW NO. 287-2005 OFF LEASH AREAS

Lands that have been designated as "Off Leash Areas" are Provincially owned lands known as:
i) Brighton Wildlife Area
ii) Murray Marsh Area