3009 To regulate the keeping of dangerous dog and aggressive dogs in the Town of TillsonburgCORPORATION OF THE
TOWN OF TILLSONBURG
BY-LAW NO. 3009
BEING A BY-LAW TO REGULATE THE KEEPING OF DANGEROUS DOGS AND
AGGRESSIVE DOGS IN THE TOWN OF TILLSONBURG
WHEREAS paragraph 1 of Section 210 of The Municipal Act, R.S.O. 1990, Chapter 302
provides that by-laws may be passed for prohibiting or regulating animals or Classes thereof;
AND WHEREAS it is deemed expedient to regulate the keeping of dangerous dogs and
aggressive dogs in the Town of Tillsonburg as hereafter defined;
THEREFORE the Council of the Corporation of the Town of Tillsonburg enacts as follows:
PART 1
DEFINITIONS
1. Definitions
In this by-law:
"Animal Control Officer and /or Pound keeper" -defined
" Animal Control Officer" and /or "Pound keeper" shall mean any person designated or
contracted as an Animal Control Officer or Pound keeper by the Town and shall include a Police
Officer and the Municipal By-law Officer for the purpose of this by-law.
"Town" — defined
"Town" shall mean The Corporation of the Town of Tillsonburg.
"Owner" — defined
"Owner" of a dangerous dog or an aggressive dog includes a person who possesses or harbours a
dangerous dog or aggressive dog and "owns" and "owned" have corresponding meaning.
"Dangerous Dog" — defined
"Dangerous Dog" shall mean a dog which, without provocation, has bitten or has attacked or has
made a real and substantial threat of attack on a person or a domestic animal, which resulted in
bodily harm to either person or domestic animal, or demonstrated a propensity to do so, provided
that a dog shall not be deemed to be a dangerous dog if the 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, or keeper of the dog, or was teasing, tormenting, abusing, or
assaulting the dog or has, in the past been observed or reported to have teased, tormented,
abused or assaulted the dog, or was committing or attempting to commit a crime.
"Aggressive Dog — defined
"Aggressive Dog" shall mean a dog which, without provocation has bitten or has attacked or has
made a real and substantial threat on a person or a domestic animal, or demonstrated a propensity
to do so; but has not resulted in bodily harm to either person or domestic animal, provided that a
dog shall not be deemed to be an aggressive dog if the 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 or keeper of the dog, or was teasing, tormenting, abusing, or
assaulting the dog or has in the past been observed or reported to have teased, tormented,
abused, or assaulted the dog, or was committing or attempting to commit a crime.
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"Restrained" — defined
"Restrained" shall mean 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.
"Running at Large" -- defined
"Running at Large" shall mean to be found in any place other than the premises of the owner of
the dog and not under the physical control of any person by means of a leash held by the said
person.
"Bodily Harm" — defined
"Bodily Harm" shall mean injury or harm that requires prolonged medical attention.
"Muzzled"— defined
"Muzzled" shall mean that the mouth of a dog is fastened or covered with a humane fastening or
covering device of adequate strength to prevent the dog from biting.
PART TWO
GENERAL PROVISIONS
2. In this By-law the Animal Control Officer shall be responsible for the application of
defining any dog in the Town of Tillsonburg that has shown to be either "dangerous" or "causing
a disturbance".
3. Every person in the Town of Tillsonburg who keeps a "dangerous dog" shall adhere to
the following:
(a) The "dangerous dog" shall be restrained when on the owner's
premises;
(b) The "dangerous dog" shall be muzzled and securely leashed on
a two -foot lead when off the owner's premise.
(c) Further to Sections 3 (a) and 3 (b) the "dangerous dog" may
be restrained, leashed and muzzled through any other means
as directed by the Animal Control Officer and/or Pound
Keeper.
(d) 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 filed with the Clerk of the Town of Tillsonburg.
4. Every person in the Town of Tillsonburg who keeps an "aggressive dog"
shall adhere to the following:
(a) The "aggressive dogs" shall be restrained when on the owner's
premises;
(b) The "aggressive dogs" shall be muzzled and securely leashed
on a 2 -foot lead when off of the owner's premises.
(c) Further to Section 4 (a) and 4 (b) the "aggressive dogs" may
be restrained, leashed and muzzled through any other means
as directed by the Animal Control Officer and / or Pound
keeper.
5. No person shall keep a "dangerous dog" or "aggressive dogs" in the Town of Tillsonburg
if the dangerous dog has been found running at large in the Town, or not restrained when on the
premises of the owner of the dog, or not restrained in accordance with written directives of an
Animal Control Officer and/ or Pound keeper.
6. An Animal Control Officer and/or Pound keeper shall seize and impound any "dangerous
dog" or "aggressive dog" found running at large.
7. Where a "dangerous dog" or "aggressive dogs" has been impounded for running at large,
the Animal Control Officer and/or Pound keeper shall not restore the said dog to its owner or to
any other person until written notice has been give by an Animal Control Officer and/or Pound
keeper that the person to whom the dog is to be restored has made arrangements to destroy the
dog. Where the owner is unable to demonstrate compliance, or refuses to do so, after written
notice is given, the Animal Control Officer and/or Pound keeper shall destroy the dog and the
owner shall be liable for pound and maintenance fees, on demand of the Town.
8. Every person who keeps a "dangerous dog" or "aggressive dogs" shall immediately
notify the Town Clerk and after the transfer of the ownership of the dog to any other person,
such notification to include identification of the dog, name and address of the transferor, name
and address of the transferee, the date of transfer, and other information which may be
reasonably requested by the Town Clerk.
9. A direction in writing from an Animal Control Officer and/or Pound keeper shall be
sufficient notice that the owner is the owner of a "dangerous dog" or "aggressive dogs" and must
comply with the provisions of this by-law.
PART 3
ENFORCEMENT
Fine — for contravention
10. Any person who contravenes any of the provisions of this By-law is upon conviction,
guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act.This
by-law shall comes into force on
PART 4
REPEAL — ENACTMENT
11. By-law previous
By-law No. 2831 and all of its amendments are hereby repealed.
12. Effective date
This By-law shall come into force and effect upon final passing.
READ A FIRST AND SECOND TIME this 26th day of FEBRUARY, 2002.
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READ A THIRD TIME AND FINALLY PASSED this 25th day of MARCH, 2002.
MAYOR CL