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4146 To establish and regulate the Use of Designated Off Leash Dog ParksI'HE CORPORATION OF THE TOWN OF TILLSONBU'-kG BY-LAW 4146 A BY-LAW TO ESTABLISH AND REGULATE THE USE OF DESIGNATED OFF LEASH DOG PARKS WHEREAS sections 8, 9, 10 and 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorize the power to pass by-laws regulating a municipality to provide any service or thing that the municipality considers necessary or desirable for the public; AND WHEREAS section 10(2) of the Municipal Act, 2001, S.O. 2001, c. 25 provides that a municipality may pass by-laws respecting the social well-being of the municipality, animals and protection of persons and property; AND WHEREAS the municipal council of the Town of Tillsonburg considers it desirable to enact a by-law providing for off leash Dog Parks in the Town; AND WHEREAS section 11 of the Dog Owners' Liability Act, R.S.O. 1990, c. 16 provides that if there is a conflict between a provision of that Act or of a regulation under that Act and a municipal by-law relating to pit bulls the provision that is the most restrictive in relation to controls or bans on pit bulls prevails. NOW THEREFORE Council of the Corporation of the Town of Tillsonburg does enact as follows: Part I: General Interpretation Definitions 1. In this By-law: Animal" includes any mammal, bird or reptile, but does not include a Dog. Animal Care and Control By-law" means By-law 3507 being A By-law of the Town of Tillsonburg to Regulate the Keeping of Animals and the Registration of Dogs and Cats, as amended or replaced from time to time. Authorized Hours of Use" means the hours of use for a Dog Park and the times during which persons, other than authorized Town officials, employees or agents, may enter a Dog Park, as determined by the Director of Recreation, Culture & Parks. Authorized Sign" means a sign authorized by the Director of Recreation, Culture & Parks; posted in accordance with the Sign By-law. Dog" means a domesticated canine animal, male or female, spayed or neutered or natural, harboured or kept by any persons. Council" means the Council of The Corporation of the Town of Tillsonburg. Dog Park" means the lands enclosed by fence in a Designated Dog Park Area as set out in Schedule "A" to this By-law". Dog Licence" means a disc or other shape of metal or plastic furnished by the Town of Tillsonburg suitable to be securely affixed to a dog's collar or other restraining device, which must be worn by the dog whenever the dog is off the owner's property. Director of Recreation, Culture & Parks" means the Director of Recreation, Culture & Parks appointed by the Town of Tillsonburg and includes his or her authorized designate. Leash Free" means without human control by a device, such as a leash, lead, chain, harness, line or rope or devices of a similar nature. Licence" means a dog licence issued pursuant to this bylaw. Municipal By-law Enforcement Officer" means an Officer designated by the Council and whose duties include the enforcement of this Bylaw. Restricted Dog" means a restricted dog under the Dog Owners' Liability Act, R.S.O. 1990, c. D.16 or a Dog deemed vicious under the Animal Control By-law. Sign By-law" means By-law 3798 being A By-law of the Town of Tillsonburg to Prohibit or Regulate Signs and other Advertising Devices and the Posting of Notices within the Town of Tillsonburg. Miscellaneous 2. (i) When this By-law refers to a person or thing with reference to gender or the gender neutral, the intention is to read the By-law with the gender applicable to the circumstances. ii) References to items in the plural include the singular, as applicable. 3. The words "include", "including" and "includes" are not to be read as limiting the phrases or descriptions thatprecede them. 4. Headings are inserted for ease of reference only and are not to be used as interpretation aids. 5. Specific references to laws in this By-law are printed in italic font and are meant to refer to the current laws applicable with the Province of Ontario as at the time the By-law was enacted, as they are amended from time to time. ESTABLISHMENT OF DOG PARK. RULES AND CODE OF CONDUCT 6. Dog Parks are established in the fenced areas on the lands described in Schedule "A" of this By-law as Designated Off Leash Dog Park Areas. 7. In addition to the provisions in this By-law, rules for the use of a Dog Park and Acceptable behaviours of persons and Dogs in a Dog Park are established in Schedule "B" to this By-law and as amended by the Director of Recreation, Culture & Parks. USE OF DOG PARK Off Leash Permitted 8. (i) A person may not permit a dog (s) to be Leash Free in a Dog Park unless the dog(s) is wearing the municipal Dog Licence issued for the current year. ii) A person may not permit a dog(s) to be Leash Free in a Dog Park unless the dog(s) is wearing a valid rabies tag. iii) A person may not permit or cause more than three (3) Dogs to be Leash Free in a Dog Park. Restricted Dogs Prohibited 9. Despite subsections 8(i), 8(ii) and 8(iii), no person shall permit or cause a Restricted/ dangerous dog (s) or a dog required to wear a muzzle to enter a Dog Park. Dogs Leashed Inside Double Gates 10. No person shall permit or cause the exterior entry gates to be opened when a dog is leash free within the double gated areas. Possession of Leash at All Times 11. A person that has permitted or caused a Dog to be leash free in a Dog Park shall possess a leash for each Dog that he or she has permitted or caused to be leash free. Dog Must be Supervised at All Times 12. No person shall leave a Dog that he or she has permitted or caused to be leash free in a Dog Park unattended. Sporting Activities Prohibited 13. No person shall bring or play with any toys in a Dog Park. Glass, Breakable Materials Prohibited 14. No person shall convey to or on, or enter or be in any area in a Dog Park while in the possession of any bottles, containers or any other articles, equipment, or utensils, made of glass, china, ceramic or any other breakable substance. Other Animals Prohibited 15. (i) No person shall permit or cause any animal other than a Dog to be in a Dog Park. ii) No person shall permit or cause any puppies under 4 months of age to be in a Dog Park. iii) No person shall cause or permit an unhealthy Dog or a Dog in heat to enter or stay in a Dog Park. Park Closure 16. No person shall be in a Dog Park when a Dog Park is closed in accordance with section 22.1 (iii) or during a time outside the Authorized Hours of Use. Failure to Comply With Signs 17. No person shall fail to comply with an Authorized Sign. Smoking Prohibited 18. No person shall smoke within the fenced area or within 9 metres outside of the fence of the Dog Park. Excrement 19. Every person having care or control of dog(s) shall forthwith remove and dispose of any excrement left by the dog(s). Excessive Barking Prohibited 20. No person shall permit or allow a dog(s) to bark excessive in the dog park. Persons Must Identify Self 21. When requested to do so by a Municipal By-law Enforcement Officer, no person shall fail to identify him or herself to a Municipal By-law Enforcement Officer. ADIu,'iiNISTRATION 22.The administration of this By-law is assigned to the Director of Recreation, Culture & Parks who is also delegated the authority to make all decisions required of the Director of Recreation, Culture & Parks under this By-law and to perform all administrative functions identified herein and those incidental to and necessary for the due administration of this By-law, including the authority to: i) Establish parts of a Dog Park for the exclusive use of Dogs to be determined based on a Dog's height. ii) Authorize the placement, form, positioning and content of an Authorized Sign in a Dog Park, whether on a permanent or temporary basis. iii) Close a Dog Park in whole or in part on a temporary basis to prevent overcrowding, to perform maintenance or where the Director of Recreation, Culture & Parks determines it is necessary for the health or welfare of the public or the protection of property. iv) Close a Dog Park in whole or in part for certain periods throughout the year. v) Set Authorized Hours of Use. 23. The Director of Recreation, Culture & Parks may delegate the performance of any one or more of his or her functions under this By-law to one or more persons from time to time as the occasion requires and may impose conditions upon such delegation and may revoke any such delegation. The Director of Recreation, Culture & Parks may continue to exercise authority granted in subsection (22) despite any such delegation. Notice and to Cease, Leave Park, Etc. 24. Where a person contravenes a provision of this By-law, the permission of such person to remain in a Dog Park is revoked. 25. (i) A Municipal By-law Enforcement Officer or the Director of Recreation, Culture & Parks or his or her delegate may issue a verbal or written notice to a person believed to be in contravention of this By-law to cease the activity that is in contravention of the By-law. ii) A Municipal By-law Enforcement Officer may make a written order to a person believed to be in contravention of this By-law to: a) cease an activity that is in contravention of the By-law; or b) leave a Dog Park or Designated Dog Park Area iii) No person shall fail to comply with an order issued by a Municipal By-law Enforcement Officer under (25ii). 26. (i) Where a person is believed to have contravened any provisions of this By-law, such person is subject to the provisions of the Trespass to Property Act, R.S.O. 1990, c. T. 21 ii) Nothing in this By-law relieves any person from complying with any provision of any Federal or Provincial legislation or any other By-law of the Town. iii) Where a provision of this By-law conflicts with the provisions of another By-law in force in the Town, the provision that establishes the higher standard to protect the health, safety and welfare of persons or the environmental well-being of the municipality shall prevail. Schedules 27. (i) Each of the following Schedules is incorporated into and forms part of this By-law: Schedule "A" Designated Off Leash Dog Park Area Schedule "B" Dog Park Rules and Conduct ENFORCEMENT. OFFENCES. PENALTIES. FINES 28. (i) A Municipal By-law Enforcement Officermay: a) enforce the provisions of this By-law; and b) may, where the Municipal By-law Enforcement Officer has reason to believe that a By-law has been contravened, ask a person in or on a Dog Park or Designated Dog Park Area to leave a Dog Park or Designated Dog Park Area. 29. (i) Any person who contravenes any provision of this By-law is, upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act. ii) For the purposes of subsection (i), each day on which a person contravenes any of the provisions of this By-law shall be deemed to constitute a separate offence under this By-law. iii)An offence and subsequent conviction under this By-law pursuant to the Provincial Offences Act or the Municipal Act, 2001, shall not be deemed in any way to preclude the Town from issuing a separate legal proceeding to recover charges, costs and expenses incurred by the Town and which may be recovered in a Court of competent jurisdiction. iv) Nothing in the By-law relieves any person from complying with any provisions of any federal or provincial legislation or any other By-law of the Town. v) Where a provision of this By-law conflicts with the provisions of another By-law in force in the Town, the provision that establishes the higher standard to protect the health; safety and welfare of persons or the environmental well-being of the municipality shall prevail. VALIDITY 30. If a court of competent jurisdiction declares any section or part of a section of the by- law invalid, it is the intention of Council that the remainder of the by-law shall continue to be in force. EFFECTIVE DATE 31. This by-law shall come into full force and effect on the day of its final passing thereof. SHORT TITLE 32. This by-law shall be referred to as the "Designated Off Leash Dog Park Bylaw" READ A FIRST TIW-WAND SECOND TIME THIS 11th day of December, 2017. READ A THIO MD FINAL TIME AND PASSED THIS 11th day of December, 2017. Stephen Molnar Town Clerk — Donna Wilson SCHEDULE "A" - BY-LAW 4146 DESIGNATED OFF LEASH DOG PARK AREA E 4 SCHEDU LL "B" - BY-LAW 4146 TILLSONBURG DOG PARK RULES AND CONDUCT Use the area at your own risk Dog Park is open from 6:00 AM — 10:00 PM Dog(s) must be on leash at all times except when in the designated off leash area Leash your dog while entering and exiting the enclosure Keep your dog(s) in sight and under control at all times Each owner/custodian shall not supervise more than three (3) dogs while in the park At no time may the owner/custodian exit the fenced area without his/her dog(s) You must clean up after your dog. Stoop and Scoop is mandatory All dog waste must be cleaned up and properly disposed of Fill any holes that your dog may dig No smoking within the fenced area or within 9 metres outside of the fence Children under the age of 12 must be accompanied by an adult at all times Excessive barking is prohibited. Dogs barking excessively must be removed Dogs displaying aggressive behavior must be removed immediately Dog owners are subject to Ontario's Dog Owners' Liability Act PROHIBITED FROM THE DOG PARK AREA Dogs not wearing valid rabies and municipal licence tags Dogs with any sickness Dogs designated as dangerous/restricted or required to wear a muzzle Female dogs in heat Puppies under four months of age All animals other than dogs Glass containers Food Toys Prong collars, spike collars and choke collars