The Corporation of the Township of Atikokan By-law No. 11-05 (as amended) Being a by-law to license, regulate, and control domestic animals in the Township of Atikokan, and to provide for the operation of an animal shelter. WHEREAS Section 103, 105, 129(1) and 130 of the Municipal Act 2001 permits municipalities to license and regulate animals within the municipality, and WHEREAS it has been determined that it is appropriate to license and regulate animals for the purpose and reasons of consumer protection, health and safety and to ensure no public nuisance is caused; and WHEREAS a public meeting was held on November 15, 2004 at which time submissions were considered relating to the licensing and control of domestic animals; THEREFORE the Council of the Corporation of the Township of Atikokan ENACT AS FOLLOWS: PART 1 DEFINITIONS 1. For the purposes of this by-law: a) "altered" used as an adjective to refer to an animal, mans that the animal has been sterilized by a licenced veterinarian. The term is applied to either a male animal that has been castrated or a female animal that has been operated-on to prevent conception; b) Animal control officer means a person appointed by the Corporation of the Township of Atikokan to enforce this by-law, to monitor and control the possession of domestic animals, and to maintain the animal shelter; c) Animal shelter means any building erected or designated by the Corporation of the Township of Atikokan, for the purpose of impounding dogs or cats; d) "at large" means where an animal is found in a place other than the property of the owner of the animal and not under the control of the owner of the animal or his/her authorized representative, except where the owner of the property permits the animal to be on his/her property; e) Cat means a male or female cat that is at least 8 weeks old; By-law 11-05 Page 1
f) Control means that a dog or cat is on a lead not exceeding two metres in length, under the control of a responsible person, or is otherwise physically restrained. Sound or voice command is not deemed control by this by-law. g) Dangerous dog means: a) a dog that, in the absence of any mitigating factor has attacked, bitten, or caused injury to a person or has demonstrated a propensity, tendency or disposition to do so. b) means a dog that, in the absence of any mitigating factor, has significantly injured a domestic animal, or c) means a dog, previously designated as a potentially dangerous dog, that is kept or permitted to be kept by its guardian in violation of the requirements for such dog. h) Dog means a male or female dog that is at least 8 weeks old; i) Dwelling means one room or a group of rooms in a building used or designed or intended to be used by a person or persons as a single, independent and separate housekeeping establishment, and includes the lot used in conjunction with it.; j) House cat means a male or female cat that is at least 8 weeks old, and that never leaves the house or apartment of its owner. Any cat that is outside, and not under the control of a responsible person, as defined herein, is not deemed a house cat regardless of the (in)frequency of the occurrence. k) Leash means a chain, rope or other device used to restrain a dog or cat, affixed to a collar and of not more than one and two metres in length; l) "microchip" means an approved Canadian standard encoded identification device implanted into an animal that contains a unique code that permits or facilitates access to owner information, including the name and address of the owner which is stored in a central database accessible to the Animal Control Officer; m) Mitigating factor means a circumstance which excuses aggressive behaviour 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 behaviour, acting in defence to an attack from a person or domestic animal; b) the dog was, at the time of the aggressive behaviour, acting in defence of its young or reacting to a person or domestic animal trespassing on the property of its guardian; or c) the dog was, at the time of the aggressive behaviour, being teased, provoked or tormented. By-law 11-05 Page 2
n) Municipal pound means a pound maintained on behalf of the Township; o) Muzzle means a humane fastening or covering device of adequate strength, fastened around the mouth of a dog or cat to prevent such dog or cat from biting; p) Owner means any adult person, 16 years of age or older, who owns, keeps, or harbours a dog, including a dangerous dog; or a cat; or who knowingly permits or suffers a dog, including a dangerous dog, or a cat; to secure food, shelter, or other comfort on his/her property; q) Pet means a dog or cat as defined in this by-law but not any other type of pet; r) Police work dog means a dog trained for and actually engaged in law enforcement with a Municipal, Provincial, or Federal Police Service; s) 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 guardian, in a menacing fashion or apparent attitude of attack, including, but not limited to, behaviour such as growling or snarling; t) Poundkeeper means the person or organization responsible for maintaining the pound on behalf of the Township for the purpose of enforcing and carrying-out the provisions of this by-law; u) Premises means lands, buildings or any structures; v) Public place means any area in the Township of Atikokan to which the public has access, but does not include a private dwelling house; w) Restrained means 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 in contact with persons other than the owner; x) Township means the Corporation of the Township of Atikokan; y) Clerk means the Clerk of the Township of Atikokan; z) Zoned means a land use designation in a zoning by-law passed under the provisions of the Planning Act. PART II LICENSING AND IDENTIFICATION OF DOGS 2. The following provisions shall apply to dogs; a) Every owner of a dog shall register the dog with the Municipality. By-law 11-05 Page 3
b) An owner of a dog shall either: a) License the dog annually in accordance with paragraphs 2(c) (a - f) below or; b) register the dog for life by means of an identifying microchip, in accordance with paragraphs 2 (d) (a - c) below. c) a) Prior to the 1 st {first} day of February each year, or within 8 {eight} weeks of the time he/she becomes the owner of a dog or a resident of Atikokan, every dog owner shall cause their dog(s) to be licensed, registered, numbered, and described in the office of the Clerk, or such other official as may be appointed for this purpose. In return for the fees hereunder set forth, each owner shall receive for each dog, a metallic or other type of tag having raised, cast, or stamped thereon, the words Dog Tag Atikokan along with the applicable digits indicating the year for which the said license has been issued and the corresponding number under which the dog has been registered. b) Until ceasing to be the owner of the dog, obtain a new identification tag for the dog prior to the expiration of the identification tag issued for the dog. c) Every owner shall place and keep around his/her dog s neck, a collar or harness to which shall be securely fastened the current dog tag issued by the Clerk. d) Every dog license and tag expires on the 31 st {thirty-first} day of January of the year following the issuing of the license. e) An owner may obtain a replacement identification tag for any identification tag lost or destroyed upon payment of the fee as set out in Schedule "A". f) No unauthorized person shall remove a collar or license tag from any licensed dog. g) The owner of a microchipped dog must register the dog at the office of the Clerk. This registration shall be valid for the life of the dog. h) The owner of a microchipped dog shall notify the Clerk's office within four (4) weeks of any change of address, change of ownership, or death of the animal. By-law 11-05 Page 4
i) In the absence of the notice to the contrary, any registered dog shall be deemed deceased fifteen (15) years after registration, and the registration deleted. j) {repealed} k) The annual license fees for dogs shall be in accordance with Schedule A of this by-law, as amended from time to time. l) No owner shall register or license a female dog as a male dog, or a male dog as a female dog. m) Every owner making application to license a neutered or spayed pet, must produce to the Clerk or any other official as the Clerk may appoint, at the time of such application, a certificate of a veterinary surgeon or veterinary practitioner verifying that such pet has been spayed or neutered. n) At the time of registration or licensing, each owner shall provide to the Clerk, his/her full name, address, phone number, and mailing address to which any notices may be sent. o) No dog license or tag shall be transferrable, either from one owner to another or from dog to another, except in the case of an owner replacing a dog which has been killed accidentally or has died of natural causes. p) The owner or possessor of a kennel of pure bred dogs, which are registered in the registry of the Canadian Kennel Club, may on or before the 1 st {first} day of February each year, pay to the Clerk, the sum of $50.00 {fifty dollars}, in lieu of licensing each dog as normally required under Section 2 (a) of this by-law, which sum shall be the fee for all dogs composing such kennel, and the owner shall produce a certified extract from the Canadian Kennel Register verifying that all dogs composing such kennel have been so registered. PART III - LICENSING AND IDENTIFICATION OF CATS 3. The following additional provisions shall apply to cats: a) Every owner of a cat that is not a house cat shall register the cat with the Municipality. b) An owner of a cat shall either: By-law 11-05 Page 5
a) License the cat annually in accordance with paragraphs 3 (c) (a - f) below or: b) register the cat for life by means of an identifying microchip, in accordance with paragraphs 3 (d) (a - c) below. c) a) Prior to the 1 st {first} day of February each year, or within 8 {eight} weeks of the time he/she becomes the owner of a pet or a resident of Atikokan, every cat owner shall cause their cat(s) to be licensed, registered, numbered, and described in the office of the Clerk, or such other official as may be appointed for this purpose. In return for the fees hereunder set forth, each owner shall receive for each cat, a metallic or other type of tag having raised, cast, or stamped thereon, the words Cat Tag Atikokan along with the applicable digits indicating the year for which the said license has been issued and the corresponding number under which the cat has been registered. b) Until ceasing to be the owner of the cat, obtain a new identification tag for the cat prior to the expiration of the identification tag issued for the cat. c) Every owner shall place and keep around his/her cat s neck, a collar or harness to which shall be securely fastened the current cat tag issued by the Clerk. d) Every cat license and tag expires on the 31 st {thirty-first} day of January of the year following the issuing of the license. e) An owner may obtain a replacement identification tag for any identification tag lost or destroyed upon payment of the fee as set out in Schedule "A". f) No unauthorized person shall remove a collar or license tag from any licensed cat. d) a) The owner of a microchipped cat must register the cat at the office of the Clerk. This registration shall be valid for the life of the cat. b) The owner of a microchipped cat shall notify the Clerk's office with four (4) weeks of any change of address, change of ownership, or death of the animal. c) In the absence of the notice to the contrary, any registered cat shall be deemed deceased fifteen (15) years after registration, and the registration deleted. By-law 11-05 Page 6
e) {repealed} f) The annual license fees for cats shall be in accordance with Schedule A of this by-law, as amended from time to time. g) No owner shall register a female cat as a male cat, or a male cat as a female cat. h) Every owner making application to license a neutered or spayed cat, must produce to the Clerk or any other official as the Clerk may appoint, at the time of such application, a certificate of a veterinary surgeon or veterinary practitioner verifying that such pet has been spayed or neutered. i) At the time of registration or licensing, each owner shall provide to the Clerk, his/her full name, address, phone number, and mailing address to which any notices may be sent. j) No cat license or tag shall be transferable, either from one owner to another or from cat to another, except in the case of an owner replacing a cat which has been killed accidentally or has died of natural causes. PART IV KEEPING OF KENNELS 4. No person shall keep kennels for the purpose of breeding or boarding of dogs within the part of the Township of Atikokan which has been zoned as residential, commercial, or industrial, without first having obtained a permit to do so. PART V PETS AT LARGE 5. a) No person shall permit his/her pet to run at large in that portion of the Township of Atikokan that has been zoned for residential, commercial, or industrial purposes. For the purpose of this by-law, a pet shall be deemed to be running at large when found on or in any public place and not under the physical control of a competent person. b) Notwithstanding subsection (a), no person shall permit his/her pet to run at large in or about any school, theatre, store, or place of public assembly at any time during the year. c) Any pet found running or being at large in contravention of this by-law, may be impounded, euthenized, or otherwise disposed of by the Animal Control Officer, in accordance with the provisions of this by-law. By-law 11-05 Page 7
PART VI DANGEROUS DOGS 6. No owner shall permit his or her dog to bite or attack without provocation a person or domestic animal. 7. Every owner, when his or her dog is on the property of the owner or on the property of some other person with such person s consent, shall keep his or her dog from leaving such property on its own, by means of: a) Enclosure; b) Containment within a fenced area; or c) Physical restraint of the dog by a chain or other similar means. 8. Despite section 7, an owner, when such dog is on the property of the owner or on the property of some other person with such person s consent and where such lands are zoned and used for agricultural purposes, may keep the dog from leaving such property on its own by any reasonable means. POTENTIALLY DANGEROUS DOGS 9. If an Animal Control Officer designates a dog as a potentially dangerous dog, the Animal Control Officer shall serve a Dangerous Dog Notice upon the owner, requiring the owner, upon receipt of such notice, to comply with such of the following requirements deemed necessary by the Animal Control Officer and the owner shall comply: a) to keep such dog, when it is on the property of the owner, confined i. within the owner s dwelling; or ii. in an enclosed pen of sufficient dimension and strength to be a humane shelter for the dog and to prevent the dog from coming in contact with or making a real and substantial threat of attack on a person other than the owner; iii. or if not confined under subparagraphs (i) and (ii) above, to keep such dog on a leash and under control of the owner; b) to keep such dog, when it is on the property of another person with that person s consent, on a leash and under the control of that person who is sixteen years of age or more; c) to securely attach a muzzle to such dog at all times when it is not on the property of the owner or not on the property of another person with such person s consent; d) to obtain and maintain in force a policy of public liability insurance issued by an insurer licensed by the Province of Ontario providing third party liability coverage in an amount of not less than $1,000,000.00 for any damage or injury caused by such potentially dangerous dog and to provide to the Animal Control Officer a Certificate of such policy and each subsequent renewal of it. Such policy shall contain a provision requiring the insurer to immediately notify the By-law 11-05 Page 8
Animal Control Officer should the policy expire, be cancelled or be terminated for any reason; e) To restrain the potentially dangerous dog in accordance with any written directives which may be given by an Animal Control Officer. DANGEROUS DOGS 10. If an Animal Control Officer designates a dog as a dangerous dog, the Animal Control Officer shall serve notice upon the owner, requiring the owner, upon receipt of such notice to comply with the following requirements and the owner shall comply: a. to keep such dog confined; i. within the owner s dwelling, or ii. in an enclosed pen of sufficient dimension and strength to be humane shelter for the dog and to prevent the dog from coming in contact with or making a real and substantial threat of attack on a person other than the owner of the dog; iii. conspicuously display on his or her property a sign provided by the Township warning that there is a dangerous dog on the property. b. to securely attach a muzzle to such dog at all times when it is not confined in accordance with section 10(a); c. to obtain and maintain in force a policy of public liability insurance issued by an insurer licensed by the Province of Ontario providing third party liability coverage in an amount of not less than $1,000,000.00 for any damage or injury caused by such dangerous dog and to provide to the Animal Control Officer a certificate of such policy and each subsequent renewal of it. Such policy shall contain a provision requiring the insurer to immediately notify the Animal Control Officer should to policy expire, be cancelled or be terminated for any reason; and d. to restrain the dangerous dog in accordance with any written directives which may be given by an Animal Control Officer. 11. The notices referred to in section 9 and 10 hereof shall include: e. a statement that the Animal Control Officer has reason to believe that the dog is a potentially dangerous dog or a dangerous dog, as the case may be; f. the requirements that the owner must comply with in accordance with section 9 or section 10 and when such requirements take effect; and g. a statement that the owner may request, within three working days of receipt of the Animal Control Officer s notice, and is entitled to, a By-law 11-05 Page 9
hearing by Council which may affirm or rescind the Animal Control Officer s designation of the dog as potentially dangerous dog or a dangerous dog, as the case may be, and which may substitute its own designation or its own requirements of the owner of a potentially dangerous dog pursuant to section 9(a) through (e) or of a dangerous dog pursuant to section 10 (a) through (d). 12. If an owner receives notice from the Animal Control Officer designating his or her dog to be a potentially dangerous dog or a dangerous dog, and so requests in writing to the Clerk within three working days of receipt of such notice, the Appeal Committee selected by the municipal Council shall hold a hearing pursuant to the provisions of the Statutory Powers Procedure Act within 15 working days of the Clerk s receipt of the request for a hearing and may: h. affirm or rescind the Animal Control Officer s designation of the dog as a potentially dangerous dog or as a dangerous dog, as the case may be; i. substitute its own designation of the dog as a potentially dangerous dog or as a dangerous dog, as the case may be; and/ or j. substitute its own requirements of the owner of a potentially dangerous dog pursuant to section 9 (a) through (e). k. substitute its own requirements of the owner of a dangerous dog pursuant to section 10 (a) through (d). 13. An Animal Control Officer may either on his or her own initiative or as a result of a complaint received by him or her from a resident of the Township conduct an inquiry into whether a dog should be designated a potentially dangerous dog or as a dangerous dog, as the case may be. 14. The Chief of Police shall ensure that a file is kept with the Atikokan Police Service, specifying the name and address of every owner of a dangerous or potentially dangerous dog, a description of the dog in question, and the date on which the notice referred to in section 9 or 10 was served. 15. The requirements of sections 9(d) and (e) and 10 (c) and (d) which may be imposed on an owner by the Animal Control Officer pursuant to each section shall not be required to be effected until the earlier of the time for appeal under section 14 has elapsed with a request for a hearing pursuant to that section being received by the Clerk, or the hearing under section 14 has been duly requested and a determination has been made by the Appeal Committee. 16. An owner whose dog has been designated a potentially dangerous dog or a dangerous og pursuant to this by-law shall advise the Animal Control Officer immediately if he or she transfers ownership of such dog to another person or changes the address at which such dog is kept and shall furnish the Animal Control Officer with particulars of the name and By-law 11-05 Page 10
address of the new owner or the new address at which the potentially dangerous dog or the dangerous dog is kept. 17. Any notices served by the Animal Control Officer or requests for hearings made by an owner pursuant to this by-law shall be provided by hand delivery or prepaid registered mail and, in the event of service by prepaid registered mail, shall be deemed received on the fifth business day after the date of mailing. 18. Notwithstanding section 8, where a potentially dangerous dog or a dangerous dog has been impounded for any reason, the Animal Control Officer shall not restore that dog to its owner or to any other person unless the Animal Control Officer is satisfied that the person to whom the dog is to be restored is aware of and in compliance with the provisions of sections 9 and 10 as the case may be. All fees otherwise payable to the Animal Control Officer upon restoration of an impounded dog are payable by the owner of a potentially dangerous dog or a dangerous dog for any length of time it may be held in the pound pursuant to this section. 19. If the owner of a potentially dangerous dog or dangerous dog which has been impounded is unable to demonstrate compliance with the provisions of section 9 and 10 as the case may be to the reasonable satisfaction of the Animal Control Officer or refuses to do so, the Animal Control Officer, after a reasonable period of time, may sell or otherwise dispose of the dog in accordance with this by-law. BITING 20. Every unprovoked dog that bites a person or other domestic animal, shall be impounded and quarantined by the Animal Control Officer or any member of the Atikokan Police Service for a minimum of 14 {fourteen} clear days to ensure that the dog is not suffering from rabies, distemper, or any other medical disorder. 21. In the event a dog which has been declared dangerous or potentially dangerous, bites a person or other domestic animal, or if the owner of such dog violates any of the conditions and restrictions set out in the notice, the Chief of Police shall ensure that the dog is immediately impounded and proceedings are commenced pursuant to Section 4 of the Dog Owners Liability Act. 22. The owner of a dangerous or potentially dangerous dog, may at any time, consent to the disposal of the dog by the Animal Control Officer. However a dog placed in quarantine pursuant to Section 20, must not be disposed of until the 14 day quarantine period is complete. 23. The provisions of Sections 8 through 24 do not apply to a police work dog. By-law 11-05 Page 11
PART VII CAPTURE AND IMPOUNDING OF PETS 24. a) The Township Council shall appoint an Animal Control Officer to capture pets under the provisions of this by-law, and pets so captured shall be impounded in an animal shelter established by the Township Council, and be left in charge of the Animal Control officer who shall ensure that all pets so captured and impounded are adequately fed, watered, and otherwise treated in a humane manner. b) The animal shelter shall be under the direct supervision of the Animal Control Officer of his/her assistant, who shall specify the hours during which he/she will be in attendance at the animal shelter for the redemption of impounded pets. c) It shall be the duty of the Animal Control Officer to keep a record of all pets impounded and such record shall include a brief description of every animal, the time of impoundment, redemption, or disposal, the name and address of owner if known, the license tag number if any, and the amount and particulars of all fees, fines, charges, and all monies received in respect of such animal along with the name of the person from whom the money was received. d) The Animal Control Officer shall make a monthly return to the Clerk showing the number of pets impounded, disposal of same, the monies collected from any source, and any other information which may be required by the Township Council from time to time respecting the working of this by-law. e) Any police officer or other person may capture any pet found running at large in contravention of this by-law, and may deliver such pet to the Animal Control Officer, who shall impound the said pet, subject to the right of the owner to redeem the pet within 48 (forty-eight) hours from the time of capture by paying an amount specified in Schedule B of this by-law. f) No pet shall be returned to its owner unless the pet is properly licensed for the current year. g) Any pet impounded under the provisions of this by-law, and not redeemed within three (3) days of impoundment, may be sold for the redemption fee specified in Schedule B of this by-law, or euthenized or otherwise disposed of in such a manner as Township Council may approve. PART VIII ANNOYANCE 25. a) No owner shall permit his/her pet, whether licensed or not, to cause annoyance or disturbance to any inhabitant of the Township, through frequent barking, howling, yelping, chasing birds or other wildlife, or chasing of motor vehicles or other vehicles, or in any other manner likely to cause annoyance or disturbance. By-law 11-05 Page 12
b) Upon receiving a complaint from any person, the Animal Control Officer or any police officer, may capture and impound any pet found causing an annoyance or disturbance in any manner specified in subsection (a), at any time of the day or year, whether the pet is on private property or otherwise. c) Notwithstanding subsection (b), the Animal Control Officer or any police officer shall only enter upon private property to capture a pet, if the person making the complaint has control or jurisdiction over the private property, or if it is apparent through reasonable efforts, that the owner of the property is not present and that refraining from capturing and impounding the pet will result in further annoyance and disturbance. PART IX FOULING PROPERTY 26. Every person, who is the owner or possessor of a pet at a time when the pet fouls on property other than their own, shall forthwith remove or cause the removal of the excrement from such property. PART X DISPOSAL 27. a) Upon the request of an owner, the Animal Control officer may euthenize or otherwise dispose of any pet in such a manner approved by Council, provided the owner pays a disposal fee specified in Schedule C of this by-law. b) Prior to disposing of any pet pursuant to subsection (a) the Animal Control Officer shall cause the owner to sign a request and consent for disposal form, which shall authorize the Animal Control officer to carry out the disposal. PART XI BOARDING 28. The owner or harbourer of any dog may from time to time, request that the Animal Control Officer provide boarding for their pet at the animal shelter for a specific period of time, provided that, in the opinion of the Animal Control Officer, there is adequate space available at the animal shelter, and such owner or harbourer pays the boarding fee specified in Schedule D of this by-law. PART XII PENALTIES 29. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act. By-law 11-05 Page 13
PART XIII - GENERAL 30. a) THAT By-law 45-04 and all previous domestic animal control by-laws be hereby repealed. b) THAT this by-law shall take effect on April 30 th, 2005. c) THAT the short name of this by-law shall be The Domestic Animal Control Bylaw. d) THAT the provisions of this by-law may be enforced by the designated Animal Control Officer or any other law enforcement officer. READ a first and second time on the 14 th day of February 2005. READ a third time and finally passed this 19 th day of December, 2005. _Marlene Davidson Mayor Warren Paulson Clerk Domestic Animal Control By-law.2005 By-law 11-05 Page 14