BY-LAW NUMBER A BY-LAW TO PROVIDE FOR THE MUZZLING OF VICIOUS DOGS
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1 ''i''. THE CORPORATION OF THE TOWNSHIP OF KING BY-LAW NUMBER A BY-LAW TO PROVIDE FOR THE MUZZLING OF VICIOUS DOGS WHEREAS Section 210, subsection 10, of the Ontario Municipal Act, R.S.O. 1990, c.ma5 authorizes the Council of a municipality to pass by-laws for requiring the muzzling or leashing of a dog after it has bitten a person or domestic animal and for Council to dejegate to a committee the authority and responsibility of dealing with appeals; AND WHEREAS Section 210, subsection 5, of the Ontario Municipal Act, R.S.O.1990, c.mas provides for animal identification systems including tagging, tattooing or microchip impl antation; c.mas AND WHEREAS Section 210, subsection 1, of the Ontario Municipal Act, R.S.O.1990, provides for the prohibiting ore regulating the keeping of animals; AND WHEREAS the Council of the Township of King deems it advisable to enact such a by-law; NOW THEREFORE ENACTS AS FOLLOWS: the Council of the Corporation of the Township of King HEREBY 1. For the purpose of this by-law: (a) "Animal Control Officer" shah mean the Manager of Animal Control for the Township of King; (b) "Appeal Committee" shall mean two Members of Council and the Animal Control Officer; (e) (g) "Bite" shall mean a puncture of the skin with teeth; "Clerk" shall mean the Clerk of the Township of King; "Consent Order" shall mean an undertaking signed by the owner of a dog to adhere to certain restrictions with respect to the methods to be used in restraining his or her dog when it comes into contact with other persons or domestic animals; "Domestic Animal" shall mean any animal kept by any person as a pet; "Microchip implant" shall mean an electronic device implanted under the skin of a dog so that the animal can be identified at all times by local Authorities; (h) "Muzzled" shall mean a humane fastening or covering devic~ of adequate strength and design and suitable to the breed of the dog that fits over the mouth of a dog and cannot be removed by the dog, to prevent a dog from biting or attacking a person or domestic animal; (i) "Owner" shall mean a person who possesses or harbours a dog and, where the owner is a minor, the person responsible for the custody of the minor; (j) "Police Work Dog" shall mean a dog trained for an actually engaged in law enforcement for the Police or other person duly appointed as a peace officer;
2 , ~.. 3,,,,-4".. ': '. -2- By-law Number (k). "By-law Enforcement Officer" shall mean the By-law Enforcement Officer or the person designated t6 act in his or her absence; (1) "Restrained" shall mean being kept inside a building or house or in an enclosed pen of sufficient dimension and strength to be humane and to prevent a dog from coming into contact with persons other than the owner of the dog or any other domestic animal or within a securely fenced yard where the fence is a minimum height of 1.52 metres (5.00 ft.) The enclosed pen or the fenced yard shah be equipped with a locking device and self-latching device. The self-latching device shall be designed in such a manner that the pen or gate cannot be opened from the outside by a child ten (10) years old or younger. The dog shall only be transported from one location to another by means of a collar-type leash and a muzzle as described in subsection l(h); (m) "Provocation" shall mean any activity which, in the opinion of the By-law Enforcement Officer acting in his or her absolute discretion, may be expected to cause a dog to bite the person, domestic animal or dog engaging in such activity. (n) "Vicious dog" shall mean a dog which, without provocation, has bitten a person or a domestic animal, or a dog which has been declared vicious in another municipality in Ontario. 2. (a) The By-law Enforcement Officer shall be empowered to declare that a dog is vicious: (i) upon receipt of a signed Declarati9n in the form attached hereto as Schedule "A", attested to by a witness who actually saw the alleged vicious dog bite a person or a domestic animal. The Declaration must identify the dog, the dog owner and the dog owner's address. (ii) upon receipt of a signed Declaration attested to by the Clerk of the municipality where the dog has been declared vicious. (b) The By-law Enforcement Officer shall, within two (2) days of receipt of a duly executed Declaration, deliver or send by registered mail a Notice to Muzzle, in the form attached hereto as Schedule "B", to the owner of the vicious dog requiring that the dog be muzzled and restrained pursuant to the provisions of this by-law. 3. (a) Where a dog has been declared vicious by the by-law enforcement Officer, pursuant to the provisions of this by-law, the owner of the dog may apply for a hearing in respect of such Notice to Muzzle. (b) An application stating the reason(s) for appealing the Notice to Muzzle and requesting a hearing under subsection 3(a) shall be made in writing and delivered to the Clerk within thirty (30) days after the Notice to Muzzle has been served. (e) Upon receipt of the Application for a hearing from an owner of the alleged vicious dog, the Clerk shall convene a meeting of the Appeal Committee and shall give the owner of the dog and the person who saw the alleged vicious dog bite a person or a domestic animal, seven (7) days written notice by personal service or registered mail of the time, date and location of the hearing.. The Applicant and any other interested person may appear at the hearing and present oral or written evidence relating to the dog. When the owner of the dog does not attend at the proper time and place, the Appeal Committee may proceed with the hearing in his or her absence and the Applicant shall not be entitled to any further notice of the proceeding.
3 -3- By-law Number (a) The Appeal Committee shall deliberate the merits of the evidence presented and shah render its decision at the meeting or shah reserve its decision to be presented later, which shall not be later than ten (10) days following the date of the meeting. (b) The decision of the Appeal Committee is final and binding. The Appeal Committee may confirm the vicious dog Notice to Muzzle or exempt the owner of the dog from any of the muzzling, restraining or leashing requirements, or all, or may dispose of an appeal by Consent Order. The Notice of the Hearing or any matter which arises relating to the proceedings of the Appeal Committee not covered in the provisions of this by-law shall be governed by the Statutory Powers and Procedures Act. (e) Notwithstanding that an Applicant has applied for a hearing to appeal the Notice to Muzzle, the Notice to Muzzle takes effect when it is served on the person to whom it is directed and remains in effect until the Appeal Committee has made its decision on the appeal. A written copy of the decision of the Appeal Committee, pursuant subsection 4(a) or the Consent Order, pursuant to subsection 4, shall be prepared, as soon as is practicable after the conclusion of the hearing, and shall be delivered or mailed by ordinary mail to the Applicant at the address shown on his or her Application, the Defendant, Police, the Region of York Public Health Department, Animal Control Officer, By-law Enforcement Officer, Members of Council, Appeal Committee Members and the Clerk. 5. The owner of a dog, upon being served with a Notice to Muzzle, or, on an appeal, that has been confirmed to be vicious by the Appeal Committee, shall ensure that: (a) (b) when the dog is on the property of the owner it is restrained at all times in accordance with subsection 1(I); when the dog is off the property ofthe owner: i) it is securely on a collar-type leash with a maximum length of I metre (3.3 f1.) And of sufficient strength to restrain the dog and keep it from chasing a person or domestic animal; ii) iii) it is muzzled; and it is under the control of a person sixteen (16) years of age or older; within thirty (30) days after the date of the issuance of the Notice to Muzzle, or on appeal, the date of the Committee's decision, the dog is identified with a microchip implantation, at the owner's expense; the Animal Control Officer is notified within forty-eight (48) hours of any changes of the residency of the vicious dog; (e) the Animal Control Officer is notified within forty-eight (48) hours after the ownership of the vicious dog is transferred to another person; the Animal Control Officer is notified should the vicious dog be destroyed. 6. This by-law shall not apply to a police working dog.
4 ,.'. -. ~.~.~. -4- By-law Number Every person who contravenes any of the provision of this by-law is guilty of an offence, and upon conviction, is liable to a fine as prescribed pursuant to the Provincial Offences Act. READ a FIRST and SECOND time this ] Oll. day of January, ~(/t~';~l ' Mafgaret-Black, Mayor (JAM,,~ Chris SomerviJIe, Clerk READ a THIRD time AND FINALLY PASSED this 10th day of January, 2000.
5 ~ Schedule "A" to By-law Number DECLARATION REGARDING A VICIOUS DOG Owner of Dog: Name: ~ Address: Name of Dog: ~Dog Tag Number: Description of Dog: Breed: Colour: Other: Rabies Tag Number: Other Identification: Location of Incident: Address: Location on Property: Location on Street: Description of Incident: Date of Incident: Time of Incident: Signature of Witness who actually saw the alleged vicious dog bite a person or domestic animal. Signature of By-law Enforcement Officer Name of Witness: Address of Witness: (Please Print) Telephone Number of Witness:. Personal information contained in this form is collected under the authority of the Municipal Act, R.S.O. 1990, c. m. 45, as amended, and will only be used for the purposes for which it is collected. Questions about this collection of information should be directed to the Clerk of the Township of King, 2075 King Road, King City, Ontario L7B tat; (905)
6 Schedule "B" to By-law Number NOTICE TO MUZZLE To: ~ Date: Owner of Dog Address: Description of Dog: Name of Dog: Breed: Colour: Dog Tag Number: Year of Dog Tag: Rabies Tag No. induding the year & Veterinarian's Office: Tattoo No.: Microchip No.: The Corporation of the Township of King is in receipt of a Declaration duly executed by the By-law Enforcement Officer pursuant to subsection 2 (a) of By-law Number 99-, that the dog described above did on the day of,, bite and puncture the skin of a person or domestic animal. In accordance with subsection 2(b) of By-law Number 99- you are hereby ordered to restrain your dog as follows: METHOD OF RESTRAINING DOG (a) (b) While dog is on the property of the owner as described above, the owner shan be responsible for restraining the dog by keeping it inside a building or house or in an enclosed pen of sufficient dimensions and strength to be humane and to prevent the dog from coming into contact with persons other than the owner of the dog or any other domestic animal or within a securely fenced yard where the fence is a minimum height of 1.52 metres (5.00 ft.). The encjosed pen or the fenced yard shan be equipped with a locking device and self-latching device. Such self-latching device to be designed in such a manner that the pen or gate cannot be opened from the outside by a sman child. The owner is responsible for ensuring that the dog is prevented from escaping and running at large. While the dog is off the property of the owner, as described above, the owner shan ensure that: i) it is securely on a conar-type leash with a maximum length of 1metre (3.3 ft.) And of sufficient strength to restrain the dog and keep it from chasing a person or domestic animal; ii) iii) by fastening a muzzle humanely over the mouth of a dog of adequate strength and design and suitable to the breed of the dog that fits over the mouth of a dog and cannot be removed by the dog, to prevent a dog from biting or attacking a person or domestic animal; it is under the control of a person sixteen (16) years of age or older. Within thirty (30) days the dog is identified with a microchip implantation, at the owner's expense. the Animal Control Officer is notified within forty-eight (48) hours of any changes of the residency of the vicious dog;
7 ~,... "-"'~'~b' ow" ~.f ::- i Schedule "B H to By-law Number Notice to Muzzle, Page 2 (e) the Animal Control Officer is notified within forty-eight (48) hours after the ownership of the vicious dog is transferred to another person; the Animal Control Officer is notified should the vicious dog be destroyed. In accordance with subsection 3, you may appeal this notice to Muzzle to the Appeal Committee of the Council of the Township of King within thirty (30) days of the date of this Notice by submitting a written request for a hearing. Such a request must be addressed to the Clerk at the Township of King, 2075 King Road, King City Ontario L7B lal. Personal information contained in this form is collected under the authority of the Municipal Act, R.S. O. 1990, c. m. 45, as amended, and will only be used.for the purposes for which it is collected. Questions about this collection of information should be directed to the Clerk of the Township of King, 2075 King Road, King City, Ontario L7B IAI; (905) r. ThisN otice is served upon the owner in accordance with subsection 2(b) of By-law Number this day of ~~,. on By-law Enforcement Officer
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