4169 To amend By-Law 3507 to provide for the licensing, regulation and control of animals within the Town of TillsonburgTHE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 4169
A BY-LAW to amend By -Law 3507, being a by-law to provide for the licensing,
regulation and control of animals within the Town of Tillsonburg.
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 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;
WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg
deems it necessary to amend By -Law Number 3507.
NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the
Town of Tillsonburg enacts as follows:
PART I: DEFINITIONS
Animal Control Committee" means a committee that is responsible for considering
appeals in accordance with the procedures established under the provisions of the
Statutory Powers Procedure Act. The Committee considers appeals to Muzzle Orders
muzzle/leash an animal) issued by Animal Control Officers.
The Committee is authorized by the Statutory Powers Procedure Act to do the following:
Hear appeals filed by appellants;
Execute all of the powers of an Animal Control Officer; and,
Confirm, modify, or rescind Muzzle Orders, or extend the time for complying with
a Muzzle Order.
AND THAT section (38) shall be amended as follows:
PART XI: MUZZLE ORDER- DOGS
38) Where a dog has been ordered to be muzzled by an Animal Control Officer,
pursuant to the provisions of this by-law, the aggrieved owner of the dog may apply for
a hearing in respect of such Muzzle Order.
i) An application for a hearing shall be made in writing and delivered to the Town
Clerk or designate within sixty (60) days of the Muzzle Order being issued.
ii) Upon receipt of the application and required fee of $110.00 (or as amended by
the Town Rates and Fees By -Law), the Town Clerk or designate shall convene a
hearing of the "Animal Control Committee" and shall give seven (7) days notice
to the appellant by either personal service or by registered mail of the date, time
and location of the hearing.
iii) The "Animal Control Committee" shall be comprised of the Chief Building Official
or designate, the Town Clerk or designate, two (2) current members of Council,
and one (1) member of the public.
iv) When the owner of the dog does not attend at the proper time and place, the
Animal Control Committee" may proceed with the hearing and the appellant
shall not be entitled to any further notice of the proceeding.
v) Notwithstanding that an Applicant has applied for a hearing to appeal the Muzzle
Order, the Muzzle Order takes effect when it is served on the person to whom it
is directed and remains in effect until the "Animal Control Committee" has made
its decision on the appeal.
vi) A written copy of the decision from the "Animal Control Committee" shall be
made and prepared as soon as it is practicable after the conclusion of the
hearing and shall be sent to the appellant by either ordinary mail or registered
mail.
vii)The "Animal Control Committee" may, at its discretion, reserve its decision to be
presented later, which shall not be later than 10 days from the hearing date.
viii) The decision of the committee is final and binding.
ix) 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.
THAT these amendments to By -Law 3507 are hereby declared to be part of that By -Law
as if written therein.
READ A FIRST AND SECOND TIME THIS 1st DAY OF MARCH, 2018.
READ A THIRD D FINAL TIME AND PASSED THIS 1st DAY OF MARCH, 2018.
Deputy Mayor — Dave Beres
Town Clerk — Donna Wilson