3507 Animal Care and Control Consolidated- March 1-2018CORPORATION 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 Subject
I Definitions
II Administration and Enforcement
III Licensing of Dogs and Cats
IV Keeping of Animals
V Animal Enclosures
VI Excrement
VII Animals at large
VIII Seizure and Impoundment
IX Quarantine of Animals
X Precautions by Dog Owners
XI Muzzle Order – Dogs
XII Payment of Fees
XIII Offence
XIV Validity
XV Repeal and Effective Date
XVI Short Title
XVII Subject to Rates and Fees By-Law
CORPORATION OF THE TOWN OF TILLSONBURG
ANIMAL CARE AND CONTROL BY-LAW
Consolidated- Amended March 1, 2018 (By-Law 4169)
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 Dog 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.
“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.
"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" 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.
(l) 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 By-Law, 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 Tillsonburg:
(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) All pinnipeds (such as seals, fur seals and walruses);
(l) All snakes of the families pythonidae and boidae;
(m)All venomous reptiles
(n) All ratite birds (such as ostriches, emus, 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 and 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.
(iii)
(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 as set by the Town’s Rates and
Fees By-Law 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, as 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 and 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 who 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, 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.
(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) (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.
PART XII: PAYMENT 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 car
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 and 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 X IV: 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 XVII: SUBJECT TO RATES AND FEES BY-LAW
(45) The fees associated with this by-law 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 24th day of May, 2011.
SIGNATURE____________________
Mayor - John Lessif
SIGNATURE____________________
Clerk - Donna Hemeryck