3507 To provide for the licensing, regulation, and control of animals within the Town of : Tillsonburg. :CORPORATION OF THE TOWN OF TILLSONBURG
ANIMAL CARE AND CONTROL BY-LAW 3507
A By-law to provide for the licensing, regulation, and control of animals within the Town of
Tillsonburg.
Index
Part
1
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
XVII
Subject
Definitions
Administration and Enforcement
Licensing of Dogs and Cats
Keeping of Animals
Animal Enclosures
Excrement
Animals at large
Seizure and Impoundment
Quarantine of Animals
Precautions by Dog Owners
Muzzle Order -Dogs
Payment of Fees
Offence
Validity
Repeal and Effective Date
Short Title
Subject to Rates and Fees Bylaw
CORPORATION OF THE TOWN OF TILLSONBURG
ANIMAL CARE AND CONTROL BY-LAW
WHEREAS sections 9 to 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (hereinafter referred
to as "Municipal Act"), confer the power to pass by-laws regulating or prohibiting animals to a lower-tier
municipality;
AND WHEREAS section 103 of the Municipal Act confers the power upon a municipality to pass a by-law
to provide for the seizure and impounding of animals being at large or trespassing and the sale of
impounded animals under certain conditions;
AND WHEREAS section 105 of the Municipal Act requires Council or a Committee of Council of the
municipality to hold a hearing on whether to exempt an owner in whole or in part from muzzling
requirements of a dog, when so requested by the dog owner;
AND WHEREAS section 391 of the Municipal Act enables a municipality to pass by-laws imposing fees or
charges on any class of persons for services or activities provided or done by or on behalf of it;
AND WHEREAS the Pog Owner's Liability Act, 1990, as amended, including amendments made by the
Public Safety Related to Dogs Statute Law Amendment Act, 2005, provides for the control of dogs.
AND WHEREAS Council deems it expedient to ensure that animals are kept and treated in a humane
manner and that the owners of animals provide good quality care to them;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS
FOLLOWS:
PART I: DEFINITIONS
(1) In this By-law,
"animal" means any member of the animal kingdom, other than human, as defined in the Municipal
Act;
"animal enclosure" means an enclosed place for the keeping of animals, but the yard of a property
where fencing has been erected on or along the property lines for the purposes of enclosing, in whole or
in part, the yard itself, shall not be deemed to be an animal enclosure;
"Animal Control Officer" means any person designated or contracted as an animal Control Officer by
the Town and shall include a Police Officer and the Municipal By-law Enforcement Officer for the
purpose of this bylaw.
"at large" or "trespass" means an animal being at any place other than the premises of the owner of the
animal and not under the control of the owner or a person acting on behalf of the owner, and in the
case of dogs including not being put on a leash, except where the owner of the property, other than the
animal owner's property, permits the animal to be on his or her property;
"cat" means a domesticated feline animal, male or female, spayed or neutered or natural, and
harboured or kept by any person;
"disturbs" means any persistent sound made by an animal or bird which disturbs the peace, quiet,
comfort or repose of any individual in any dwelling house, apartment house, hotel or any other type of
residence is prohibited.
"kennel" means any building, pen or other structure, but not including a building used for human
habitation, in which dogs and or cats not belonging to the owner of the property, in return for payment
of a fee, are kept for breeding or boarding;
"Corporation" means The Town of Tillsonburg
"Council" means the Council of The Corporation of the Town of Tillsonburg
"dangerous dog" means a dog that in the absence of any mitigating factor has bitten or attacked a
person or domestic animal, or has behaved in a manner that poses a menace to the safety of persons or
other domestic animals. Dangerous dog also means 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;
"domestic animal" means an animal kept by or living with human beings;
"dog" means a domesticated canine animal, male or female, spayed or neutered or natural, harboured
or kept by any person;
"Town" shall mean The Corporation of the Town of Tillsonburg
"dwelling unit" means one (1) or more habitable rooms occupied or capable of being occupied by a
person or a family as an independent and separate housekeeping establishment in which separate
kitchen and sanitary facilities are provided for the use of such person or family, with a private entrance
from outside the building or from a common hallway or stairway inside the building in which the
dwelling unit is located;
"identification microchip" means a transponder implanted into an animal by a veterinarian and
registered with a pet identification entity;
"impounded" shall mean seized, delivered, received or taken into the pound or any authorized vehicle
operated by an Officer pursuant to the provisions of this by-law;
"keep" means to have temporary or permanent control or possession of an animal;
"leash" means a rope, chain or other restraining device not exceeding 2 meters (6 feet, 6 inches) in
length, except for pit bull dogs the leash for which shall not exceed 1.8 meters (5.9 feet) in length;
"Mitigating factor" means a circumstance which excuses aggressive behavior of a dog and without
limiting the generality of the foregoing, may include circumstances where:
(a) The dog was, at the time of the aggressive behavior, acting in defense to an attack from a
person or domestic animal,
(b) the dog was, at the time of the aggressive behavior, acting in defense of its young or reacting
to a person or domestic animal trespassing on the property of its owner, or
(c) The dog was, at the time of the aggressive behavior, being teased, provoked or tormented.
"Municipality" means the Corporation of the Town of Tillsonburg
"Municipal By-law Enforcement Officer" means an Officer designated by the Council and whose duties
include the enforcement of this Bylaw.
"muzzle" means a humane fastening or covering device over the mouth of a dog 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 without interfering with the dog's ability to drink;
"muzzle order" means an Order issued by the Animal Control Officer or an Officer for a muzzle to be
placed on a dog;
"Officer" is the Animal Control Officer designated by the Council, a Municipal By-law Enforcement
Officer designated by the Council and a Police Officer.
"owner" means a person who keeps, harbours or has custody of an animal, and, in the case of a minor,
"owner" means the person responsible for the custody of the minor. If there is more than one owner of
an animal, they are jointly and severally the owner;
"person" means an individual, partnership, association, firm or corporation;
"pet shop" means an establishment engaged in the retail sale of animals.
"pet shop keeper" means a person who has the charge, care or ownership of a pet shop.
"Pound Keeper" means any person designated or contracted by the Town of Tillsonburg to maintain and
administer a pound and impound dogs and or cats.
"guard dog" means a dog used for security purposes on land legally used for "industrial or commercial
purposes.
"License issuer" means the Customer Service Center of the Town of Tillsonburg or an agent who is
appointed by the Town of Tillsonburg whose duties include the issuance of dog and cat licences.
"pigeon" means a member of a widely distributed family of birds derived from self-sustaining captive
populations of Columbidae (pigeons and doves), and includes a racing pigeon which, through breeding,
has developed the distinctive physical and mental characteristics as to enable it to return to its home
after having been released a considerable distance there from, and which is also known as a homer
pigeon, homing pigeon, or carrier pigeon;
"pit bull" means the breed of dog which includes:
(a) a pit bull terrier,
(b) a Staffordshire bull terrier,
(c) an American Staffordshire terrier,
(d) an American pit bull terrier, or
(e) a member of a class of dogs that have the appearance and physical characteristics that are
substantially similar to dogs referred to in (a) through (d) above. In determining whether a dog is
a pit bull regard may be had to the breed standards established, for dogs referred to in (a)
through (d) above, by the Canadian Kennel Club, the United Kennel Club, the American Kennel
Club or the American Dog Breeders Association.
"police work dog" means a dog trained for and engaged in law enforcement by any federal, provincial
or municipal government agency;
"potentially dangerous dog" means a dog that in the absence of any mitigating factors, 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 or shows the disposition or tendency to be threatening or aggressive.
"pound" means such premises and facilities designated by the Town of Tillsonburg
"premises" includes a dwelling unit, a house or building and the land or premises on which the building
or house is situated or attached;
"prohibited dog" means:
(a) a pit bull dog that is not restricted,
(b) a pit bull dog, previously designated as a restricted dog, that is kept or permitted to be kept
by its owner in violation of the requirements for such dog, or
(c) a dog, previously designated as a potentially dangerous dog or a dangerous dog that is kept
or permitted to be kept by its owner in violation of the requirements for such dog.
"protective care" means the temporary keeping of an animal as a result of an eviction, incarceration,
medical or fire emergency, or any other situation that an Officer deems appropriate for the health and
safety of the animal;
"restricted dog" means a dog that is a pit bull that is owned by a resident on August 29, 2005, or it is
born before the end of the 90-day period beginning on August 29, 2005, and that has been registered by
the owner with the Corporation and maintains a valid municipal dog license;
"restrained" means being kept inside a building or house or in an enclosed pen of a minimum size for
each dog of 4' wide 12' long 6' high, completely enclosed with 9 gauge mesh wire with a poured
concrete floor to prevent a dog from coming in contact with or making a real and substantial threat of
attack on any person or a domestic animal.
"sanitary condition" means a condition that does not result in an accumulation of fecal matter, odour,
insect infestation, or rodent attractants which endanger the health, comfort or convenience of any
person or animal;
"sanitize"1 means to clean for the purpose of controlling disease-producing organisms and "sanitized"
has a corresponding meaning; and
"service animal" means a animal trained by a recognized school for service as a guide dog for the blind
or visually-impaired, a guide dog for the deaf or hearing-impaired, or special skills dog for other disabled
persons and includes an animal used in therapy, registered with a recognized organization for that
purpose; and
"veterinarian" means a member of the College of Veterinarians of Ontario.
PART II: ADMINISTRATION AND ENFORCEMENT
(2) The Animal Control Officer shall be responsible for the administration & enforcement of this by-law.
PART III: LICENSING OF DOGS & CATS
REQUIREMENTS OF A LICENSE
(3)
(a) No person, who is residing temporarily or permanently within the Town of Tillsonburg shall own,
keep, possess or harbour a dog unless a license has been issued under this bylaw.
(b) No person, who is residing temporarily or permanently within the Town of Tillsonburg shall own,
keep, possess or harbor a cat unless a license has been issued under this bylaw.
(c) The Town of Tillsonburg may appoint and authorize a license agent to assist the By-law
Enforcement Officer with the issuance of licenses required under this bylaw, and every such
license shall be executed on behalf of the Corporation.
(d) The owner of any dog or cat within the limits of the Town of Tillsonburg shall cause such dog
and or cat to be registered with the Corporation and shall be furnished with a dog/cat tag on
payment of the annual license fee.
(e) Puppies may be kept with the mother for a period not exceeding two (2) months/sixty (60) days
following birth. Kittens may be with the mother for a period not exceeding two (2) months
following birth.
(f) Every person selling a puppy of a dog that is required to be licensed pursuant to this bylaw shall
notify the license issuer upon the sale of the puppy providing the name and address of any
purchaser who is a Town resident.
(g) Every person selling a kitten of a cat that is required to be licensed pursuant to this bylaw shall
notify the license issuer upon the sale of the kitten providing the name and address of any
purchaser who is a Town resident.
(h) The owner shall keep such tag furnished securely fixed on the dog at all times during the year
and until the owner procures a tag for the following year.
(i) The owner shall keep such tag furnished securely fixed on the cat at all times during the year
and until the owner procures a tag for the following year.
(j) All dogs must be registered and license fees paid for on or before March 31st All license fees
paid for after March 31st shall be subject to a license fee increase of five ($ 5.00) dollars.
(k) All cats must be registered and license fees paid for on or before March 31st. All license fees
paid for after March 31st shall be subject to a licence fee increase of five ($5.00) dollars.
(I) A person who acquires a dog during the year shall obtain from the Town of Tillsonburg a dog
tag license within ten (10) days after acquiring the dog.
(m) A person who acquires a cat during the year shall obtain from the Town of Tillsonburg a cat tag
license within ten (10) days after acquiring the cat.
(n) Every dog tag licence shall expire on December 31st of the year for which same is issued and
every dog owner shall renew the dog tag yearly.
(o) Every cat tag license shall expire on December 31 st of the year for which same is issued and
every cat owner shall renew the cat tag yearly.
(p) Every license issued pursuant to this by-law shall notify the license issuer forthwith upon the
death or change of ownership of a dog so licenced.
(q) Every license issued pursuant to this by-law shall notify the license issuer forthwith upon the
death or change of ownership of a cat so licensed.
(r) No person shall transfer a license or tag issued by the Town of Tillsonburg from one owner to
another, or from one dog to another.
(s) No person shall transfer a license or tag issued by the Town of Tillsonburg from one owner to
another, or from one cat to another.
(t) Owners shall supply the Town of Tillsonburg or the licensing agent with a description of each
dog/cat, sufficient to identify such dog/cat; and a record shall be kept identifying the dog /cat
and showing the name, address and telephone number of the owner; and the serial number of
the dog /cat tag furnished.
(u) Every pet shop keeper shall submit on a monthly basis, to the licence issuer, the names, and
addresses of Town residents who have purchased dogs and cats from the said pet shop.
(v) The annual license fees payable by the owner of every dog/cat under this By-law, as set out in
the Town's Rates and Fees Bylaw shall be the rates approved by the Town of Tillsonburg from
time to time.
(w) The Animal Control Officer shall maintain a registry with the serial number of the dog/cat tag
along with name, address and telephone number of the owner, the name, breed, colour,
markings, gender of the dog/cat. If the dog/cat is spayed or neutered or natural, and the date
that the dog/cat tag is furnished to the owner. Any changes to the status of the dog(s) /cats
must be reported promptly to the Licence Issuer.
(x) Where a dog/cat tag issued pursuant to the provisions of this by-law has been lost or destroyed,
the owner on application to the Animal Control Officer /Customer Service may be issued a new
dog/cat tag upon payment of the replacement fee as set out in The Town of Tillsonburg Rates
and Fees By-law.
(y) The requirement for a dog/cat license does not apply to a pet shop whose business includes the
sales of dogs or cats;
(z) Service Animals where a certificate is produced from a recognized training establishment stating
that the dog is being used as a service animal are exempt from purchasing a licence.
APPLICATION FOR A LICENSE:
(4) The Animal Control Officer and the Customer Service Department of the Municipality shall:
(i) Review and process all applications for licenses and tags; and
(ii) Issue all licenses and tags when an application is made in accordance with the provisions
(iii) of this by-law.
(5) An application for a license shall be completed on the forms provided by the Customer Service
Centre.
(i) All dog and cat owners shall make application to the license issuer forthwith upon commencing
ownership of the dog /cat.
(ii) Every application shall be accompanied by the following:
(a) Description of dog or cat including colour breed and name
(b) Owners certifying on the application that the dog and or cat has been vaccinated against
rabies.
(c) Applicable fee
PART IV: KEEPING OF ANIMALS
GENERAL PROVISIONS :
(6) Every owner of an animal shall treat the animal in a humane manner, including but not limited to the
provision of:
(i) a shelter for the animal that is waterproof and that protects the animal from exposure to the
elements:
(ii) a shelter for the animal that is adequate for its size and breed;
(iii) adequate amounts of potable water for the animal; and food of a type and in amounts
nutritionally adequate for the animal.
(7) No person shall keep an animal in an unsanitary condition.
(8) Whether temporarily, permanently, or otherwise, no more than 3 domestic dogs of an age in
excess of 2 months shall be kept, harboured, maintained or possessed at any one location within
the Town of Tillsonburg.
(9) Whether temporarily, permanently or otherwise, no more than a total of two (2) of the following
animals shall be kept, harboured, maintained or possessed at any one location within the Town of
Tillsonburg:
(a) two (2) domestic cats of an age in excess of 2 months
(b) guinea pig,
(c) gerbil,
(d) hamster
(e) rabbit,
(f) chinchilla,
(g) iguana
(h) turtle with shell size of 8 inches in diameter
(10) Section 8 and 9 do not apply to:
(a) pet shops in the Town of Tillsonburg;
(b) A police work dog in a Police Canine Unit;
(c) kennels located in compliance with the Town of Tillsonburg zoning by-law and the Ontario
Building Code Act, 1992, as amended, and licensed by the Town of Tillsonburg;
(d) The keeping of animals on lands zoned for agricultural purposes;
(11) Sections 8, 9 and 13 do not apply to:
(a) an animal hospital or clinic that is lawfully operated and supervised by a veterinarian licensed
by the Ontario Veterinary Association;
(b) a pound designated by the Town of Tillsonburg;
(c) any organization permitted by law to provide protection and humane treatment of animals;
(d) any person while rendering emergency treatment to an injured or abandoned animal;
(e) the Corporation or other governmental authority while lawfully operating a public park,
exhibition, or zoological garden, and maintaining animals therein;
(f) Any person in charge of a traveling circus, exhibition, or road show, or any employee thereof,
lawfully displaying animals;
(g) Persons operating premises registered as research facilities under the Animals for Research Act,
R.S.0.1990, c. A-22, as amended, or the persons in charge, or the employees thereof, during the
course of their duties;
(12) No person shall keep, or cause to be kept, a reptile, insect or amphibian permitted under this by-
law outside a building or structure unless it is in an appropriate animal enclosure.
GENERAL RESTRICTIONS :
(13) No person shall keep, harbour or possess any animal or animals of any of the following classes in
the Town of Titlsonburg:
(a) All marsupials (such as kangaroos and opossum);
(b) All non-human primates (such as gorillas and monkeys);
(c) All felids (such as lions and tigers), except for the domestic cat;
(d) All canidaes (such as wolves and hybrids), except for the domestic dog;
(e) All viverridae (such as mongooses, civets and genets);
(f) All mustelids (such as skunks, weasels, otters and badgers), except the domestic ferret;
(g) All ursidae (bears)
(h) All artiodactylous ungulates (such as domestic goats, sheep, pigs and cattle);
(i) All procyonids (such as raccoons, coatis and cacomistles);
(j) All hyaenas;
(k) k All pinnipeds (such as seals, fur seals and walruses);
(I) All snakes of the families pythonidae and boidae;
(m) All venomous reptiles
(n) All ratite birds (such as ostriches, ernus, rheas, cassowaries)
(o) All diurnal and nocturnal raptors (such as eagles, hawks and owls);
(p) All edentates (such as anteaters, sloths and armadillos);
(q) All bats;
(r) All crocodilians (such as alligators and crocodiles)
(s) All arachnids (such as tarantulas);
(t) All prohibited dogs;
(u) All galliformes (such as grouse, pheasants, turkeys);
(v) All anseriformes (such as ducks, geese, swans);
(w) All sciuridae (such as prairie dogs, giants squirrels and flying squirrels);
(x) All perissodactylus ungulates (such as horses, ponies, donkeys and zebra);
(y) All elephants;
(z) Any other exotic animals not specified above.
(14) Notwithstanding Section 13, on lands zoned for agricultural purposes, institutional or open space or
a legal non-conforming status under the Town's Zoning By-law 3295, as amended, no person shall
keep, or cause to be kept, any animals listed in Section 13, except for pigeons and or any other
domestic animal.
(15) No person who operates a business within the Municipality that includes the sale of pets or other
animals shall sell, offer to sell, or otherwise make available in any way to any person any animal
listed in Section 13 except those animals mentioned in Section 14.
DANGEROUS DOGS
(16) The owner of a "dangerous dog" shall obtain and maintain in force a policy of public liability
ownership issued by an insurer licensed by the Province of Ontario providing third party liability
coverage in an amount of not less than 2 million (2,000,000,000) dollars for any damage or injury
caused by the "dangerous dog". A certified copy of the said policy shall be provided annually with
the Animal Control Officer of the Town of Tillsonburg.
ANIMALS KEPT PRIOR TO MAY 24th, 2011:
(17) Section 13 and 14 shall not prevent any person from keeping, harbouring or possessing any animal
if such animal was lawfully being kept, harboured or possessed by that same person prior to May
24th, 2011 arid for so long as the animal continues to be kept, harboured or possessed by the
person.
PIT BULLS - SPECIAL REQUIREMENTS :
(18) No person shall:
(a) own a pit bull, except a restricted pit bull; breed a pit bull; transfer a pit bull by sale;
(b) Transfer a pit bull by gift or bequest; if the person to whom the pit bull is transferred will own
more pit bulls after August 29th, 2005 than on that day (maximum number of dogs per premises
is three)
(c) transfer more than one pit bull by gift or bequest to a person who did not own a pit bull on
August 29th, 2005;
(d) abandon a pit bull other than to a pound operated by or on behalf of the Municipality, the
province or a designated body;
(e) Allow a pit bull in his or her possession to stray;
(f) Train a pit bull for fighting.
PIT BULLS - OTHER REQUIREMENTS :
(19) All other requirements regarding Pit Bulls specifically shall be in accordance with the Dog Owner's
Liability Act, 1990 (DOLA), as amended, including regulations pertaining to DOLA, and the Animals
for Research Act, 1990, as amended.
KEEPING OF PIGEONS:
(20) Pigeons that are registered with a National Racing Association may not exceed twenty four (24) in
number. They may be kept provided the pens have been approved by such licensing association
and follow the requirements set out in Sections 21, 22, 23, and 24.
(a) Every owner of a pigeon shall band and keep banded each pigeon with an identifying leg band
issued by a registered pigeon association/organization in Canada.
(21) No person whether temporarily, permanently or otherwise shall keep or cause to be kept more
than (10) domestic pigeons on any lands zoned for agricultural purposes and follow the
requirements set out in Sections 21, 22, 23,and 24.
(22) Every owner of any pigeon shall keep all grains and foodstuff in air-tight containers.
PART V: ANIMAL ENCLOSURES
GENERAL PROVISIONS:
(23) Every owner of an animal shall ensure that the animal enclosure provided for the animal meets the
following requirements, regardless of whether the animal enclosure is located indoors or outdoors:
(i) The animal enclosure shall be of a size and in a condition such that the animal may:
(a) extend its legs, wings, and body to their full natural extent;
(b) stand;
(c) sit;
(d) perch;
(ii) Every reptile, fish, and amphibian shall be provided with an enclosed space adequate for the
needs of the species;
(iii) The enclosure is of such a nature and condition that the animal contained therein would not be
harmed and its health would not be negatively affected for the reason of being placed in such
an animal enclosure;
(iv) Every animal contained therein may be readily observed unless the natural habits of the animal
require otherwise.
(v) The animal enclosure is kept in a clean and sanitary condition,
(vi) The animal enclosure is kept free of offensive odour.
(vii)The animal enclosure is escape proof.
ADDITIONAL PROVISIONS FOR OUTDOOR ANIMAL ENCLOSURES:
(24) Except for the keeping of animals on lands zoned for agricultural purposes:
(i) no person shall keep, or cause to be kept, an animal enclosure for an animal outside a building
or structure unless:
(a) the animal enclosure is in the rear yard; and
(b) the animal enclosure, is located at least 3.1 meters (10 feet) from the property line and
a least 6.1 meters (20 feet) from any school, church, or residential building not located
on the same lot; and
(ii) No person shall within the Town of Tillsonburg have a dog under control on a leash exceeding 2
meters (6 feet, 6 inches) in length. The dog shall be in the rear yard of the owner's property, and
the dog shall not be able to approach or chase any person or domestic animal other than those
belonging on the dog owner's property. When a dog is off the owner's property, the "leash"
requirements apply.
(iii) no person shall keep or cause to be kept a pigeon enclosure outside a building or structure
unless the enclosure is located at least 6.1 meters (20 feet) from the property line, or within
19.8 meters (65 feet) of any school, church or residential building not located on the same lot.
(25) In addition to the requirements in this part of the by-law, an animal enclosure kept outside
shall be:
(i) soundly constructed of hard, durable material;
(ii) Impervious to water for the housing unit within the enclosure and the housing unit must comply
with all animal enclosure requirements;
(iii) Constructed of a material that may be readily sanitized;
(iv) Maintained in a good state of repair from cracks, holes, rust and other damage;
(v) Kept in a way that minimizes as nearly as practicable the transfer of disease-causing agents; and
(vi) Adequately ventilated and maintained at a suitable temperature and lighting for the health,
welfare and comfort of the animal enclosed therein.
(26)
(i) Compliance with the requirements under this Part does not exempt any person from
compliance with other applicable laws and by-laws, including the Building Code Act 1992, as
amended, and the municipal zoning by-law.
(ii) In the event of any conflict between the provisions of this Part and the provisions of any other
by-laws, the provisions of this Part shall prevail.
(27) Every owner shall allow any Officer to carry out an inspection of premises where animal(s) of
the owner are kept or to make inquiries deemed necessary for the purposes of insuring
compliance with this bylaw.
KENNELS :
(28)
(i) No person shall within the Town of Tillsonburg keep a kennel without a license.
(ii) All persons operating a kennel of dogs and or cats that are registered or eligible for registration
with an association incorporated under the Animal Pedigree Act (Canada) shall make application
to the license issuer for a kennel license.
(iii) All such applications shall be accompanied by the following information:
(a) Name and address of Kennel owner
(b) Location of kennel
(c) Proof of zoning approval for said location;
(d) Applicable fee
(iv) No Kennel or Pound shall be kept within the limits of the Town of Tillsonburg upon any premises
unless the same are at least one hundred and twenty five (125) feet from any school, church,
dwelling or other premises occupied by the keeper or members of his or her immediate family
and such Kennel or Pound shall meet all requirements pursuant to regulations of the Ministry of
Agriculture and Food.
PART VI: EXCREMENT
(29)
(i) Every person having care or control of an animal shall forthwith remove and dispose of any
excrement left by the animal on any property including highways.
(ii) Subsection (i) does not apply to:
(a) persons reliant upon a service animal while that animal is being used to aid a person with a
visual, hearing or other impediment;
(b) owners of racing pigeons when the pigeons are at large during permitted flight times.
(c) permitted farm animals as noted in Section 14 when animals are on lands zoned for
agricultural purposes, as long as the animals are on the lands of their owner.
PART VII: ANIMALS AT LARGE
(30)
(i) No person shall within the Town of Tillsonburg, fail to prohibit an animal from running at large.
(ii) A dog is not considered to be at large if the dog is:
(a) a service animal or a police work dog; or
(b) on the premises of a person who has consented to the dog on the person's premises.
(iii) No person shall allow or permit: any animal to trespass on private property.
(iv) A pigeon is not considered to be at large if it is flying:
(a) Before 9:00 a.m. or after 5:00 p.m. during the months of April to September, inclusive;
or
(b) Before 10:00 a.m. or after 3:00 p.m. during the months of October to March, inclusive;
and
(c) under the owner's personal supervision, or under the supervision of another competent
person who is acting on the owner's behalf to control the pigeons.
(v) In addition to subsection iv, a pigeon is not considered to be at large if a member of a
pigeon organization or association in Canada supervises a flight of the racing pigeon
while carrying on the duties of such organization or association.
PART VIII: SEIZURE & IMPOUNDMENT
(31)
(i)
(a) Any animal found at large contrary to this by-law may be seized by an Officer.
(b) An Officer may take possession of an animal for the purpose of providing protective care
to it at any time when the Officer deems it necessary to provide protective care to the
animal.
(ii) A dog or cat seized under this by-law shall be impounded for a period of three days, exclusive of
the day on which the dog and or cat was impounded and statutory holidays and Sundays,
unless:
(a) The dog and or cat is redeemed by the Owner during this time period of impoundment
in accordance with the provisions of this by-law;
(b) The dog and or cat was seized for the purpose of providing protective care to it; or
(c) In the opinion of the Pound Keeper, the dog and or cat should be euthanized or receive
veterinary care immediately.
(d) A dog and or cat is seized for the purpose of providing protective care, in which case it
shall be impounded for a period of up to ten (10) days, exclusive of the day in which the
dog and or cat was impounded and statutory holidays and Sundays, unless the animal is
redeemed by the owner during this period of impoundment in accordance with the
provisions of this by-law or is euthanized for humane reasons.
(e) Where the Pound Keeper has impounded a dog or a cat that has a tag, name plate and
other means of identification, the Pound Keeper shall take all reasonable steps to find
the owner of the dog and or cat and shall forthwith notify the owner, if found, that the
dog and or cat has been impounded and can be redeemed on payment in full of all
costs.
(a) The owner of an animal impounded under this by-law may redeem the animal upon
payment of the appropriate impoundment and maintenance fees for the time of the
impoundment as per the Town's Rates and Fees By-law.
(b) In addition to subsection iii. a., the owner of a dog or cat seized and impounded shall
produce a valid license for the dog and or cat before the owner may redeem it.
(c) If a valid license cannot be produced under subsection iii. b. the owner of the dog or cat
shall obtain a license for the dog and or cat and will be responsible for the payment of
the penalty in as set by the Town's Rates and Fees Bylaw before the owner may redeem
it.
(iv) If an animal is not redeemed within the time period specific in this by-law, the animal shall
become the property of the Pound Keeper and may be:
(a) Put up for adoption;
(b) Euthanized by the Pound Keeper's designated veterinarian; or
(c) Sold for such price as the Pound Keeper may consider proper.
(v) A Pound Keeper may euthanize an animal without delay without permitting any person to
redeem it if:
(a) The animal seized and impounded under this by-law is seriously injured or ill and should
be euthanized without delay for humane reasons; or
(b) Euthanasia of the animal seized and impounded under this by-law is necessary for the
safety of persons or animals that are endangered.
(vi) Where a dog and or cat is captured or taken into custody and the services of a veterinarian are
secured by the Pound Keeper, the owner shall pay to the Pound Keeper all fees and charges of
the veterinarian in addition to all other fees and per diem charges payable under this by-law,
and set out in the Town's Rates and Fees By-law, whether the dog and or cat is alive, dies, or is
euthanized. No damages or compensation shall be recovered by the owner of the animal.
(vii) No personal shall forcibly retrieve a dog or cat from the Pound Keeper, or premises of the
pound or break and enter into a patrol vehicle or a live trap, or retrieve a dog or cat, without
payment in full of all fees and charges required to be paid under this by-law, in accordance with
the Town's Rates & Fees By-law.
(viii) Every pound fee and board fee that is unpaid in whole or in part is a debt due to the
Pound Keeper and is recoverable in any court of competent jurisdiction in which a debt or
money demand may be recovered.
PART IX: QUARANTINE OF ANIMALS
(32)
(i) If, in the opinion of the local Health Unit or an Officer, an animal shall be put in quarantine, the
owner of the animal shall:
(a) comply with the quarantine order of the Health Unit or Officer; and
(b) be responsible for the costs associated with the quarantine, including the costs of any
veterinary care required for the animal and any other applicable fees.
PART X: PRECAUTIONS BY DOG OWNERS
(33) The owner of a dog shall exercise reasonable precautions to prevent it from:
(i) biting or attacking a person or domestic animal;
(ii) behaving in a manner that poses a menace to the safety of persons or domestic animals;
(iii) shall ensure the dog is properly leashed when not on the property of the owner, or not on
the property of a person wrho authorizes the dog to be on his/her property;
(34) No person who owns, harbours, or possesses any dog shall permit a dog or dogs to howl or
bark as to cause noise, which disturbs, whereas likely to disturb the inhabitants of the
Town of Tillsonburg.
PART XI: MUZZLE ORDER • DOGS
(35)
(i) Where an Officer determines that a dog is a potentially dangerous dog or a dangerous dog, the
Animal Control Officer may issue a Muzzle Order to the owner of the dog.
(ii) The Animal Control Officer may impose conditions on the Muzzle Order to ensure the health
and safety of the owner, the dog, and other persons and animals, and the order is effective
immediately on issuance.
(36)
(i) A Muzzle Order may be served by:
(a) delivering it personally to the owner of the dog; or
(b) Sending it by registered mail to the last known address of the owner of the dog.
(37) Notwithstanding other sections of the Bylaw, when a Muzzle Order has been served, the
owner of a dog:
(i) shall ensure that the dog shall be restrained when on the owner's premises and
(a) Shall be kept inside a building or house or enclosed pen of a minimum size for each dog
of 4' wide 12' long, & high, completely enclosed with 9 gauge mesh wire with a poured
concrete floor to prevent a dog from coming in contact with or making a real and
substantial threat of attack on any person or a domestic animal .
(ii) Shall not permit the dog to be off the premises of the owner unless it is muzzles, and securely
leashed on a 2 foot lead,
(iii) Further to Sections 36 i. and ii. the dog may be restrained, leashed and muzzled through any
other means as directed by the Animal Control Officer,
(iv) Shall ensure that the dog does not bite, chase, or attack a person or a domestic animal on any
property including that of the owner,
(v) Shall put the dog under the control of a person at least eighteen (18) years of age when the dog
is not on the owner's premises,
(vi) Shall notify the Animal Control Officer within five (5) days of transfer if the dog is transferred to
a new location or if the ownership of the dog is transferred to another person in the
municipality, and the Muzzle Order shall still apply,
(vii) Shall ensure that the dog is spayed or neutered;
(viii) Shall obtain a warning sign as prescribed by the Animal Control Officer which shall be
posted and displayed continuously by the owner in a prominent location in close proximity
where the particular dog is kept;
(ix) The dog shall be implanted with an identification microchip
(x) Shall comply with any other conditions imposed in the Muzzle Order.
(38) A Muzzle Order expires when the dog dies or the Animal Control Officer is satisfied that it
no longer resides in the Town of Tillsonburg.
PART XII: PAYMENT OF FEES
GENERAL PROVISIONS:
(39)
(i) All dogs or cats impounded under the authority of this by-law shall be taken to the Pound,
where they shall be confined subject to the right of an owner to redeem the dog and or cat
within 72 hours exclusive of the day the dog or cat was impounded by paying the Pound Keeper
the impound callout fee and applicable daily boarding fee and, if required, the dog and or cat
tag fee as per the Town's Rates & Fees By-law.
(ii) The payment of any fees and charges are required under this by-law does not constitute partial
or full payment of any fines imposed by a court of competent jurisdiction for an offence
committed under this or any other by-laws.
PART XIII: OFFENCE
(40) Every person who contravenes any provision of this by-law is guilty of an offence and is liable to a
fine and any other penalties imposed pursuant to the Provincial Offences Act, 1990, c. P-33, as amended,
the Dog Owner's Liability Act, 1990, as amended, if applicable, and the Pounds Act, 1990, as amended, if
applicable.
PART XIV: VALIDITY
(41) 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.
PART XV: REPEAL AND EFFECTIVE DATE
(42) Town of Tillsonburg Bylaws 2988, 2999 and 3009 are hereby repealed.
(43) This bylaw shall come into full force and effect on the day of its final passing thereof and upon
approval from the Ministry of the Attorney General.
PART XVI: SHORT TITLE
(44) This by-law shall be referred to as the "Animal Care and Control By-law".
PART XVI: SUBJECT TO RATES AND FEES BYLAW
(45) The Fees associated with this bylaw shall be in accordance with the current Rates and Fees By-Law
for the Town of Tillsonburg.
READ A FIRST TIME AND SECOND TIME THIS 9th day of May, 2011.
READ A THIRD AND FINAL TIME AND PASSED this 29rd day of May, 2011.
M^yor-John Lessif
Clerk - Donna Herneryck