Attachment 4: Jurisdictional Scan
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- Jocelyn Atkins
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1 Attachment 4: Jurisdictional Scan City or Vicious/Aggressive /provisi ous to Toronto Notice of caution $240 ( off leash in park is $360 under Chapter 608, Parks. Barrie of aggressive : - means a which, in the opinion of the City Clerk or his designate, has demtrated excessive and/or unprovoked aggression, or is of a threatening disposition. $500-$10,000 not exceeding $100,000 continuing offenses Brampton *includes definition of mitigating factors aggressive of Dangerous - means any individual that: (a) has, in the absence of any mitigating factor, attacked, bitten, or caused injury to a person or has demtrated a propensity, tendency or disposition to do so; (b) has significantly injured a domestic animal; or (c) having been previously designated as a potentially, is kept or permitted to be kept in violation of the requirements such ; of Potentially means any individual that chases or Yes both Dangerous and potential (separate) Yes, in the minimum amount of $25, Not more than five thousand (5,000.00), exclusive of costs, in respect of each offence. 1
2 Caledon Ottawa Vicious/Aggressive approaches any person or domestic animal in a menacing fashion or apparent attitude of attack, including, but not limited to, behaviour such as growling or snarling; of Dangerous means any that has bitten and or caused injury to a person or domestic Animal of vicious - in respect of a means a that has bitten or attacked without provocation a person or a domestic animal; /provisi ous to Licence requirement: $103 registration fee: each whose owner has been convicted of permitting the to bite or attack, without provocation, a person or domestic animal. -( Yes)- vicious must be muzzled when not within the boundaries of the owner's premises imposed pursuant to the Provincial Offences Act as amended fine as provided in the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, as amended. 2
3 Vaughan Vicious/Aggressive of Menacing means a that, without provocation, has approached or chased any person or domestic animal in a menacing fashion or apparent attitude of attack, including but not limited to aggressive behaviours such as growling or snarling, or a that has otherwise demtrated a propensity or disposition to attack without provocation pers or domestic animals. /provisi ous Licence requirement - Vicious or Aggressive Licensing/identif ication fee $$50.00 per to aggressive to be secured (see defn).- Fines range from $105- $400 Part 1 Provincial Offences Act. Ences almost solely through bylaw. Only uses DOLA destruction orders. Waterloo of : 1) a that, in the absence of any mitigating factor, has attacked, bitten~ or caused injury to a person or has demtrated a propensity~ tendency or disposition to do so 2) a that, in the absence of any mitigating factor, has significantly injured a domestic animal, or 3) a, previously designated as a potentially, that is kept or permitted to be kept by its owner in Violation of the requirements such. of : a that is a Pit Bull ; and a which the owner has a valid 1996 or 1997 license as issued. licence ($75.00 a restricted and $15.00 a spayed or neutered restricted.discount given a restricted which successfully "Completes a Canine Good Citizen test" see: Section 6 of the by-law) (similar potential and s) Fine or penalty prescribed by the provisi of the Provincial Offences Act. 3
4 Calgary, AB Vicious/Aggressive of potentially : a that, in the absence of any mitigating factor, chases or approaches any person or domestic animal, anywhere other than on the property of the owner, in a menacing fashion or apparent attitude of attack. including, but not limited to, behavior such as growling or snarling; or a that has been impounded by the Poundkeeper or whom the owner has been convicted on a total of three occasi within a twenty-four (24) month period such being at large in the municipality. Vicious Animal: means any Animal, whatever its age, whether on or private property, which has i. chased, injured or bitten any other Animal or human, i. damaged or destroyed any or private property, or i. threatened or created the reasonable apprehension of a threat to a human, and v. which, in the opinion of a Justice, presents a threat of serious harm to other Animals or humans, or v. (iv) been previously determined to be a Vicious /provisi ous Licence requirement: to own or keep any Vicious Animal (includes a vicious ). ($251 per year) to s - yes, in and private spaces. required liable on summary conviction to a fine not exceeding $10,000.00, and in default of payment of any fine imposed, to imprisonment not more than six (6) months. List of fines found at the end of bylaw Owner must surrender during order hearing and any appeals. 4
5 Grand Prairie, AB Vicious/Aggressive Animal under Bylaw 23M89 or this Bylaw. of vicious - a of any age including a restricted, which when on or off the property of its owner: i. shows a propensity, disposition potential to attack or injure, without provocation, other animals or humans; or i. without provocation, chases pers who approach it; or i. is a continuing threat of serious harm to other animals or humans; or v. without provocation, has attacked pers or other animals. of restricted - any, whenever its age, of the following breeds or kinds: i. Pit Bull Terrier i. Americ an Pit Bull Terrier; or i. Pit Bull v. Stafd shire Terrier /provisi ous An owner shall obtain a restricted license his or her restricted or vicious (fee $100 per year). A that has been deemed a vicious and /or restricted may revert to a normal status bypassing the Canadian kennel club canine good neighbor evaluation. Coverage in a minimum amount of $ 1,000, injuries caused by the owner s restricted or vicious. This provision was deleted in the amending bylaw to : yes, when the restricted is off the premises of the owner. (separate fines s vs vicious animals.) Fines in the bylaw (range from $150- $2000) allows continuing fines. liable not exceeding $10,000.00, and in default of payment of any fine imposed, to imprisonment not more than six (6) months. Hythe, AB Vicious : a of any age including a restricted, which when on or off the property of its owner: i. shows a propensity, disposition or potential to attack or injure, without provocation, other animals or humans, or of : any, whatever its age, of the following breeds or kinds: A owner shall obtain and keep in ce a restricted license his or her vicious and/or restricted. (fee $100 per year). A that has been deemed For vicious and restricted s only. An owner shall maintain in ce a policy of liability insurance in a : yes, when the restricted is off the premises Fine in an amount not less than one hundred dollars ($100.00) and not exceeding ten thousand dollars ($10,000.00). Authorit y to seize the period of the investiga tion. 5
6 Vicious/Aggressive i. without provocation, chases pers who approach it, or i. is a continuing threat of serious harm to other animals or humans, or without provocation, has attacked pers or other animals i. Pit Bull Terrier i. Americ an Pit Bull Terrier i. Pit Bull v. Stafd shire Terrier /provisi ous a vicious and/or restricted may revert to normal status by passing the Canadian Kennel Club, Canine Good Neighbor evaluation. m satisfactory to the Village providing third party liability coverage in a minimum amount of $500, to of the owner. Fines in the bylaw (range from $100- $ st offense) Fines escalate 2 nd and 3 rd offenses). No appeal listed in bylaw. Vancouver, BC Victoria, BC Includes duties of owner of Aggressive : "means: A) a with a known propensity, tendency or disposition to attack without provocation other domestic animals or human beings, or B) a which has bitten another domestic animal or human being without provocation" An animal control officer may designate a as a if the (a) bites a human or animal without provocation, (b) has a known propensity, tendency or disposition to attack a human or animal without provocation, or (c) has previously been designated as a : yes : yes : no : yes : yes : yes Fine of not less than $ and not more than $10, each offence. This bylaw allows continuing fines each day the offence continues. penalties imposed by this Bylaw, the Ticket Bylaw, and the Offence Act if that person contravenes a provision of this Bylaw. Each day that 6
7 Nanaimo, BC Vicious/Aggressive and endangers the safety of a human or animal. of vicious : means a which (a) has bitten a human without provocation; (b) has bitten an Animal without provocation; or (c) has a known propensity, tendency or disposition to attack or aggressively pursue without provocation a human, or an Animal; or (d) a. of means: means: (a) a Pit Bull Terrier, an American Pit Bull Terrier, a Pit Bull, a Stafdshir e Bull Terrier or an American Stafdshir e Terrier; or (b) a of mixed breeding which breeding includes the blood line of the breeds referred to in (a). /provisi ous to : yes : yes a contravention of a provision of this Bylaw continues is a separate offence. fine of not more than $10, and not less than the fines prescribed in Schedule D of this Bylaw (range from $50-$200), the cost of prosecution and any other penalty or order imposed pursuant to the Community Charter or Offence Act. Each day that a contravention of a provision of this Bylaw continues is a separate offence. 7
8 New York City, NY (state legislation as well) Vicious/Aggressive of : a which menaces, threatens, attacks or bites a person or pers, or which kills or inflicts physical injury upon any pers, when such pers are peacefully A is not a if the is registered with the Canadian Kennel Club, the burden or proof of which registration is on the Owner or the / Owner has successfully completed the tests required to qualify the Canine Good Citizen (CGC) Certification. /provisi ous to : yes : yes Public nuisance offense punishable by a fine of $25 or ten days 8
9 Chicago IL (state legislation as well) Vicious/Aggressive conducting themselves in any place where they may lawfully be, and any owned or harbored the purpose of fighting. A Department record of a bite report made pursuant to or of a bite or other injury made by a police officer shall be prima facie evidence that a is. animal- an animal meeting any one of the following criteria: (1) any animal which bites, inflicts injury on, kills or otherwise attacks a human being or domestic animal without provocation on any or private property; or (2) Any animal which on more than one occasion, without provocation, chases or approaches any person in an apparent attitude of attack, on any property or in any place outside or over the boundaries of its owner's property; or (3) Any animal owned or harbored primarily or in part the purpose of or other animal fighting or any animal trained or other animal fighting; or (4) Any that is used as a guard ; or /provisi ous Yes, in an amount not less than $100, each animal declared. The insurance shall include a provision whereby the insurer notifies the executive director not less than 30 days prior to cancellation or lapse of coverage. to : yes : yes : yes imprisonment, or both. Identified in the bylaw ranging from $50-$500. Where there is probable cause to believe that an animal is a dangerou s animal, the executive director or his designee is authorize d to impound and hold such animal, at the owner's 9
10 Vicious/Aggressive (5) Any animal which has been found to be a vicious under state law. /provisi ous to expense, pending the investiga tion and final resolutio n of any appeals. 10
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