THE CORPORATION OF THE TOWN OF AJAX BY-LAW NUMBER

Transcription

1 THE CORPORATION OF THE TOWN OF AJAX BY-LAW NUMBER Being a By-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Town of Ajax, or defined areas therein. WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended ( Municipal Act ) provides the Town with broad authority to pass By-laws within various spheres of jurisdiction, including a Bylaw respecting animal matters; AND WHEREAS the Municipal Act confers the power upon a municipality to pass a By-law regarding the health, safety and well-being of persons; AND WHEREAS 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 the Municipal Act requires Council or a Committee of Council or an Animal Services Officer 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 the Dog Owners Liability Act., R.S.O. 1990, c. D.16, as amended ( D.O.L.A. ) provides for controls on pit bulls and other dog breeds as defined in the D.O.L.A.; AND WHEREAS the Pounds Act, R.S.O. 1990, c. P.17, as amended ( Pounds Act ) authorizes a municipality to impound animals found running at large. NOW THEREFORE, THE CORPORATION OF THE TOWN OF AJAX HEREBY ENACTS AS FOLLOWS: 1. SHORT TITLE 1.1 This By-law may be cited as the Dog and Cat By-law. 2.1 In this By-law: 2. DEFINITIONS (c) (d) (e) (f) (g) (h) "aggressive behavior" means the conduct of an animal whereby the animal bites or attacks a person or domestic animal or poses a menace to the safety of persons or domestic animals; "altered" means a male or female animal that has been sterilized by a licensed veterinarian. In the case of a female animal, where the animal has been spayed or otherwise operated on to prevent conception, and in the case of a male animal, where the animal has been neutered or castrated; "animal" means any member of the animal kingdom, other than a human; "Animal Services Officer" shall include any person employed by the Town to enforce the provisions of this By-law and also includes a Municipal Law Enforcement Officer; "blind person" means a person to whom an identification card has been issued by the Attorney General or an Officer of his or her Ministry, pursuant to the provisions of the Blind Persons Rights Act, R.S.O. 1990, c. B.7; "cat" means a feline of the species felis catus; "Committee" means a committee as approved by Council for the purpose of hearing appeals to any Order to Restrain that may be issued by the Town; "dog" means a canine of the species canis familiaris;

2 (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) "dwelling unit" means a room or suite of two or more rooms designed or intended for residential use by a person or persons in which culinary and sanitary conveniences are provided for the exclusive use of such person or persons and having a private entrance from outside or from a common hallway or stairway inside and which is located in a residentially zoned part of the Town; "enclosure " means a pen or other enclosure that prevents the animal from leaving the property and prevents contact with people and other animals outside the pen or enclosure; "excessively" means, with respect to barking, any barking or howling exceeding a cumulative twenty (20) minute period within any one (1) hour timeframe; "expense" means the cost of carrying out the work to be done by the Work Order pursuant to Section 7 and an administrative charge as outlined in the Town of Ajax Fee By-law; General Government Committee means a committee of Council that deals with issues related to corporate matters including human resources, financial planning, contract awards, levels of service and policy matters; "leash" means a strap, cord, chain or other device which is designed to restrain the breed of animal it is controlling. A leash shall not include an electronic wireless leash, electronic collar, shock collar or any other similar wireless device used for the control of an animal; "leash free area" means an area designated by the Town where dogs are not required to be on a leash but must be under verbal control of an owner; "minor" means a person who has not attained the age of 18 years or a person who has not attained the age of majority as defined in the Age of Majority and Accountability Act, R.S.O. 1990, c. A.7; "muzzle" means a humane device that fits over the mouth of a dog and prevents the dog from biting, regardless of brand/commercial name of the product. A muzzled dog means a dog wearing a muzzle in the manner anticipated by the manufacturer of the muzzle; "obnoxious dog" means a dog that engages in a practice or behaviour that is offensive or annoying to the community and includes any dog that poses a risk and/or endangers the life, health, property or comfort of the public; official service is established when an Order to Restrain, Interim Order to Restrain, Obnoxious Order to Restrain or Work Order is posted in a conspicuous place at the property of the owner or sent by registered mail or personally delivered to the owner; "owner" includes a person in possession of or harbouring a dog or cat within the Town and, where the owner is a minor, the person responsible for the custody of the minor, and includes the person or persons identified as the owner of the property harbouring the dog or cat: i) in the most recent municipal tax records; or ii) on the deed in accordance with the records of the land registry office, and includes the person or persons licensed as the owner of a dog or cat; "permanent identification" means an electronic microchip encoded with identification information which has been implanted in an animal; "person" includes an individual, a sole proprietorship, a partnership, an unincorporated association, a trust, a body corporate and a natural person. "persons" shall have a corresponding meaning; pit bull includes a pit bull terrier, a Staffordshire bull terrier, an American Staffordshire terrier, an American pit bull terrier or a dog that has an appearance and physical characteristics that are substantially similar to those dog breeds referred to in this definition;

3 (x) (y) (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) "property" means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile structures, outbuildings, fences and erections thereon, whether heretofore or hereafter erected and includes vacant property; "service animal" means an animal trained to do work or perform tasks for the benefit of an individual with a disability including, but not limited to, those with visual or hearing impairment and having the qualifications prescribed by the regulations made under the Human Rights Code, R.S.O. 1990c. H.19, the Blind Persons Rights Act, R.S.O. 1990, c. B.7. and/or the Accessibility for Ontarians with Disabilities Act, S.O. 2005, c. 11; "shelter" means the Whitby Animal Shelter and shall include any yard or enclosed property maintained by The Corporation of the Town of Whitby for the safe-keeping of impounded dogs or cats; "tag" means a disc or other shape of metal or plastic furnished by the Town as hereinafter provided and suitable to be securely fixed on a dog or cat for the purpose of identification; "Town" means The Corporation of the Town of Ajax; "unaltered" means either a male or female animal that has not been altered; "under the control" means a dog that is at all times on a leash held by a person that is physically capable of restraining the dog to prevent the dog from lunging, attacking, biting or interfering with a person or another domestic animal, or a dog that is otherwise physically restrained to prevent the dog from lunging, attacking, biting or interfering with a person or another domestic animal; "under verbal control" means a dog in a leash free area that is adhering to the verbal commands of an owner or person that is verbally capable of controlling the dog to prevent the dog from lunging, attacking, biting or interfering with a person or another domestic animal; "veterinarian" means a person registered to practice veterinary science under the Veterinarians Act, R.S.O. 1990, c. V.3, as amended; "Waterfront Trail" means the hardscaped, off-road route or path identified in Schedule A to this By-law, which accommodates two-way non-motorized travelers including pedestrians, bicyclists, joggers and skaters. "working animal" means an animal that is kept by humans and individually trained to do work. This may include, but is not limited to, enforcement dogs, trained specifically to assist police and similar law enforcement personnel with their work, and shall not include hunting dogs or farm dogs; and "Work Order" means an order issued pursuant to Section 7 of this By-law. 3. LICENSING OF DOGS AND CATS 3.1 Every owner of a dog or cat over the age of sixteen weeks shall license the animal with the Town and shall obtain a licence therefor on an annual basis. The licence shall expire 365 days after the date of issuance and must be renewed on or before the date of expiry to remain valid. 3.2 At the time of licensing any dog or cat, the owner of the animal shall ensure that the rabies vaccination is current and that such vaccination be maintained and kept up to date throughout the term of the licence. 3.3 Every owner of a dog or cat shall, at the time of licensing the animal, pay a licence fee to the Town in accordance with the following schedule of fees: an annual licence fee in the amount of twenty-five dollars ($25.00) for an altered animal; or an annual licence fee in the amount of forty dollars ($40.00) for an unaltered animal.

4 3.4 The licence fee set out in Section 3.3 of this By-law shall be reduced by an amount of five dollars ($5.00) for an animal implanted with permanent identification. 3.5 Upon payment of the licence fee, the owner shall be furnished with a tag and shall keep the tag securely fixed on the dog or cat at all times. 3.6 No owner shall affix or permit to be affixed a tag issued by or on behalf of the Town for any dog or cat other than the dog or cat for which the tag was issued. 3.7 A tag shall bear an identification number, and a record shall be kept by the Town Clerk or other person designated for that purpose, showing the name, address and other pertinent information of the owner and the identification number of the tag. 3.8 The Town may refuse to issue a dog or cat licence to any person deemed to be in contravention of this By-law. 3.9 If a tag is lost or misplaced for any reason, the owner shall make application for, and upon payment of a replacement fee of three dollars ($3.00), shall be entitled to a replacement tag. 4. CONTROL OF DOGS AND CATS 4.1 Every owner of a dog or cat shall at all times comply with all provisions of any other By-law that regulates the control of an animal, including but not limited to the Towns Park By-law. 4.2 For the purpose of this section, a dog or cat shall be deemed to be running at large when found in any place other than the property of the owner of the dog or cat, and not under the control of any person. 4.3 For the purpose of this section, a dog shall not be deemed to be running at large when found within a leash free area, not on a leash but under verbal control of an owner. 4.4 For the purpose of this section, a dog shall be deemed not under verbal control of an owner in a leash free area, should the dog attack or bite a person or another dog or is not adhering to the verbal commands given by an owner. 4.5 No owner shall, knowingly or not knowingly, allow their dog or cat to attack or bite a person or domestic animal. 4.6 Every owner shall keep a dog or cat leashed and under the control of some person when the dog or cat is off the property of the owner, unless prior consent is given by the person owning the land on which the dog or cat is found. 4.7 Every owner while on or within 3 meters of the Waterfront Trail shall keep a dog leashed on a leash of no longer than 1.8 meters in length. Owners using an adjustable length leash shall have the leash securely fixed at a length of no longer than 1.8 meters. 4.8 No owner shall permit their dog to dig holes or destroy vegetation on any property other than the property of the owner. 4.9 No owner shall permit their dog to enter water designated for public water activities, including but not limited to a splash pad, water designated for wading, bathing, or swimming or be on a beach adjacent to that water. Leash Free Areas 4.10 A pit bull shall be leashed and muzzled at all times when in a leash free area Every owner of a dog, in a leash free area, shall ensure that their dog is under verbal control and within visual sight at all times No owner shall have in their control, care or possession more than three (3) dogs while in a leash free area No owner, in a leash free area, shall leave their dog unattended.

5 4.14 Every owner of a dog, in a leash free area, shall immediately leash their dog if it shows aggressive behavior towards any person or other domestic animal Every owner of a dog, in a leash free area, shall be at least 18 years of age and capable of controlling the dog Every owner or any person attending a leash free area does so at their own risk. At Large 4.17 No owner shall, knowingly or not knowingly, allow a dog or cat to run at large within the limits of the Town Any person shall be entitled to take charge of any dog or cat found running at large but shall forthwith deliver the dog or cat to an Animal Services Officer Nothing in this section confers on any person a right to enter any premises An Animal Services Officer may seize and impound any dog or cat: delivered to him or her under the provisions of Section 4.19 of this By-law; or found running at large An Animal Services Officer or shelter staff shall restore possession of the dog or cat to the owner only where: (c) (d) (e) the owner claims possession of the dog or cat; the owner pays to the shelter an impoundment fee in the amount of twenty five dollars ($25.00) for each day or part thereof that the dog or cat is impounded; the dog or cat is registered under Section 3 of this By-law; the owner pays to the Town the cost of any veterinary care received by the dog or cat after being taken into possession that the Animal Services Officer deemed necessary for the well being of the animal; and the owner pays to the shelter the cost of any veterinary care received by the dog or cat while impounded that the shelter staff deemed necessary for the well being of the animal Where, on the sixth day, exclusive of Sundays and statutory holidays, after the date of seizure and impounding, possession of the dog or cat has not been restored to the owner under Section 4.22 of this By-law, the shelter staff may: sell or make a gift of the dog or cat; or euthanize the dog or cat in a humane manner; and no damage or compensation shall be recovered or recoverable on account of the animal s disposition or destruction Where a dog or cat seized and impounded is injured or should be euthanized without delay for humane reasons, or for reasons of safety to persons or animals, the Animal Services Officer, Town and its agents, or shelter staff may euthanize the dog or cat in a humane manner as soon after seizure as he or she sees fit without permitting any person to claim possession of the dog or cat and without offering it for sale and no damages or compensation shall be recovered or recoverable on account of its destruction Where the shelter or Town deems it necessary to euthanize a dog or cat pursuant to the provisions of Section 4.23 and/or Section 4.24 of this By-law, the shelter or Town shall first make every effort possible and practical in the circumstances to contact the owner of the dog or cat and to permit the owner to transfer the animal, at the owner s expense, to the office of a veterinarian.

6 5. CONTROL OF PIT BULLS 5.1 No person shall own a pit bull unless the pit bull meets the requirements of a restricted pit bull pursuant to D.O.L.A. 5.2 Every owner of a pit bull shall ensure that the pit bull is sterilized and shall provide proof in writing of such sterilization, from a veterinarian, to the Town upon request. 5.3 Every owner shall ensure that their pit bull is leashed and muzzled at all times unless: the pit bull is within an enclosure on the property occupied by the owner of the pit bull; or the pit bull is within an enclosure on the property occupied by a person who consents to the pit bull being off leash and/or without a muzzle. 5.4 The provisions of Section 5 of this By-law will cease to be in effect upon the repeal of the sections or regulations of D.O.L.A. that place restrictions or prohibitions on the ownership or control of pit bulls. 6. MUZZLING AND LEASHING OF DOGS 6.1 Where a dog has bitten, attacked or posed a menace to a person or domestic animal, an Animal Services Officer may issue an Order to Restrain on the dog for a period of time to be determined by the Animal Services Officer. Any Order to Restrain is in effect as soon as official service has occurred. 6.2 Any Order to Restrain may include, but is not limited to: (c) (d) confining the dog to the owner s property; restraining the dog with a leash; restraining the dog with a muzzle; and/or the posting of warning signs. 6.3 During the course of an investigation, an Animal Services Officer may issue an Interim Order to Restrain to last for a period no longer than 14 days. 6.4 Where the Town deems a dog to be an obnoxious dog, an Animal Services Officer may issue an Obnoxious Order to Restrain requiring certain conditions, including but not limited to the dog being contained within a secured and fenced yard or that the dog be leashed or restrained to prevent the dog from running at large. 6.5 Every owner shall, at all times, comply with an Order to Restrain, Interim Order to Restrain or an Obnoxious Order to Restrain. 6.6 Where an Order to Restrain is placed on a dog after an Obnoxious Order to Restrain has already been placed on the dog, the order that is more restrictive prevails. 6.7 Should the owner of the dog disagree with the Order to Restrain, he or she may appeal the Order to Restrain to the Committee by sending a notice of appeal, by registered mail, to the Secretary of the Committee, outlining which items or conditions are being appealed, within 10 days after official service of the Order to Restrain. An Order to Restrain that is not appealed within the 10 day time period shall be deemed confirmed. 6.8 Upon receipt of notification of an appeal, the Committee shall, as soon as practical, conduct a hearing and shall hear evidence presented by both Animal Services and the owner of the dog, and make a decision to confirm, modify or quash the Order to Restrain, it being understood that during the time between the date of the Order to Restrain and the date that the Committee makes its decision, the owner shall comply with all the requirements as outlined in the Order to Restrain. The decision of the Committee shall be mailed or personally delivered to the owner within 5 business days of the decision being made by the Committee.

7 6.9 Should the owner of the dog or the Town disagree with the Committee s decision, he or she may appeal the Committee s decision to the General Government Committee by notifying the Clerk of the municipality, in writing, within 14 days after a copy of the Committee s decision is sent. In the event that the owner of the dog appeals the Committee s decision, the owner of the dog will be subject to pay the appropriate fees as outlined in the Town s General Fees By-law. If the Committee s decision is not appealed within the 14 day time period, the decision shall be considered to be final and binding and the owner of the dog shall comply therewith Upon receipt of notification of an appeal, the General Government Committee shall, as soon as practical, conduct a hearing and shall hear evidence presented by both Animal Services and the owner of the dog, and make a decision to confirm, modify or quash the Order to Restrain, it being understood that during the time between the date of the Committee s decision and the date that the General Government Committee makes its decision, the owner shall comply with all the requirements as outlined in the Committee s decision. Once the General Government Committee has made its decision, the decision of the General Government Committee shall be considered to be final and binding and the owner of the dog shall comply therewith. 7. GENERAL REQUIREMENTS 7.1 Every owner of a dog or cat shall immediately remove excrement left by the dog or cat on property not owned by the owner of the dog or cat and dispose of it in a hygienic manner. 7.2 Every owner of a dog or cat shall remove excrement: immediately on any area of their own property which is not enclosed; and on their enclosed property within 3 days while at any time ensuring that such excrement does not create offensive odours, an unsightly condition, or becomes a public nuisance. 7.3 An Animal Services Officer may require an owner by Work Order to clean the property of dog and/or cat excrement. Any Work Order is in effect as soon as official service has occurred. 7.4 Every owner shall keep their property clear of excrement pursuant to Section 7.2, and shall comply with any Work Order given by an Animal Services Officer pursuant to Section 7.3 of this By-law. 7.5 A Work Order mailed to an owner shall be mailed to the address of the owner as shown in the most current municipal tax records. 7.6 No owner of a dog shall, knowingly or not knowingly, allow the dog to howl or bark excessively. 7.7 No person, being an owner, tenant or occupant of a dwelling unit, shall, knowingly or not knowingly, keep, own or harbour, or permit to be kept, owned or harboured, more than three (3) dogs in or about the dwelling unit. 7.8 No person, being an owner, tenant or occupant of a dwelling unit, shall, knowingly or not knowingly, keep, own or harbour, or permit to be kept, owned or harboured, more than three (3) cats in or about the dwelling unit. 8. EXCEPTIONS 8.1 The fees as outlined in Section 3 of this By-law shall not apply to owners of service animals or working animals. 9. OFFENCE PENALTY AND ENFORCEMENT 9.1 Every person who contravenes any provision of this By-law, passed under the authority of the Municipal Act, is guilty of an offence and on conviction is liable to a fine or penalty for each offence, exclusive of costs, as prescribed by the Municipal Act.

8 9.2 The making of a false or intentionally misleading recital of fact, statement or representation in any agreement, statutory declaration or application form required by this By-law shall be deemed to be a violation of the provisions of this By-law. 9.4 No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty pursuant to this By-law. 9.5 Every person that does not immediately leash or restrain a dog, or follow directions to leave a leash free area, at the request of an Animal Services Officer, is guilty of an offence. 9.6 An Animal Services Officer may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not an Order to Restrain, an Interim Order to Restrain, a Work Order, a condition and/or a section of this By-law is being complied with. 9.7 Where the owner fails to comply with a Work Order issued pursuant to this By-law, the Town, in addition to other remedies: (c) Shall have the right to carry out the work as required in the Work Order and for this purpose may, with its servants and agents from time to time, enter in and upon the property; Shall have the right to recover the expense of carrying out the work as required in the Work Order in the same manner as taxes; and Shall not be liable to compensate such owner, occupant or other person having an interest in the property by reason of anything done by or on behalf of the Town under the provisions of this By-law. 9.8 Where the owner fails to pay any incurred fees, such as veterinary costs incurred before, during, or after impoundment, to the Town or the shelter, the Town, in addition to other remedies, may have the right to recover the expense of veterinary treatment in the same manner as taxes. 10. VALIDITY 10.1 If a court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of this By-law and it is hereby declared that the remainder of this By-law shall be valid and shall remain in force. 11. REPEAL OF BY-LAW 11.1 This By-law shall come into force and By-laws , , and shall be repealed on the date that the set fines are approved pursuant to the Provincial Offences Act. READ a first and second time this Twenty-sixth day of June, READ a third time and passed this Twenty-sixth day of June, Mayor D-Clerk

9 BY-LAW NUMBER SCHEDULE A Being a By-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Town of Ajax, or defined areas therein.