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Home My WebLink AboutKIN 94 004 Vicious Dog Muzzling . . . . . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-~W NO. 1994-4 A BY-LAW TO PROVIDE MUZZLING & RESTRAINING REGULATIONS FOR VICIOUS DOGS WHEREAS R.S.O. require paragraph 10 of Section 210 of the Municipal Act, 1990, c.M.45 provides that Council may pass by-Laws to the muzzling of dogs having a vicious disposition; AND WHEREAS it is deemed desirable to control vicious dogs in the Town of Kincardine which have created a nuisance; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: DEFINITIONS: 1. For the purposes of this By-Law: 1.1 Control includes care and custody. 1.2 Council shall mean the Council for Corporation of the Town of Kincardine. the 1.3 Doa shall weeks of crossbreed of eight dog or mean a canine over the age any breed of domesticated domesticated dog. 1.4 Muzzle shall mean a fastening or covering device of adequate strength over the mouth to prevent a dog from biting. 1.5 Owner of a doa includes a person who possesses or harbours a dog and, where the owner is a minor, the person responsible for the custody of the minor. 1.6 Police Work Doa shall mean a dog trained for and actually engaged in law enforcement. .7 Premises shall mean any house, mobile home, room in a boarding house, or other place used for residential purposes and does not include the common elements of a condominium or apartment building. .. /2 vicious Dogs Page 2 Restrained shall mean keeping the dog inside the premises of the owner, or enclosing the dog in a pen of sufficient dimension and strength, as to be humane and to prevent the dog from coming within two feet of the property line and to prevent the dog from coming into contact with persons other than the owner of the dog, or persons associated with the owner, when the dog is outside the premises but still on the property of the owner of the dog. 1.9 Small Animal control Officer shall mean a by-Law enforcement officer appointed by the Town Council as poundkeeper and designated as a provincial Offences Officer. 1.8 · . 1.10 Town shall mean The Corporation of the Town of Kincardine. 2.0 NOTIFICATION 2.1 · Where the Small Animal Control Officer of the Town has reason to believe that a dog has bitten a person or domestic animal, the Small Animal Control Officer shall serve a notice upon the owner requiring the owner to muzzle and restrain the dog. 2.2 The notice referred to in clause 2.1 may be served on the owner by the Small Animal Control Officer by handing it to the owner, but where the notice cannot be given or served by reason of the owner's absence from the premises or by reason of evasion of service, the notice may be given or served by: · (i) handing it to an apparently person on the owner's premises, adult (ii) posting it up in a conspicuous place upon some part of the owner's premises, or (Hi) sending to the resides. it by prepaid registered mail owner at the address where he 2.3 Upon service of the notice referred to in clause 2.1, the owner shall muzzle and restrain the dog except when the dog is inside the premises of the owner. 2.4 The notice, referred to in Clause 2.1, shall include, . · (i) a statement that the Small Animal Control Officer has reason to believe that the owner's dog has bi tten a person or domestic animal. (H) a requirement that the owner shall muzzle and restrain the dog; and, (Hi) a statement that the owner may and is entitled to a hearing by who may exempt the owner from the and restraint requirement. request, Council muzzling ../3 3.0 3.1 · . 3.2 Vicious Dogs Page 3 HEARING The council shall, if requested by the owner in accordance with section 3.2, hold a hearing pursuant to the provlslons of the statutory Powers and Procedures Act, to determine whether the dog has bitten a person or domestic animal and whether or not such dog shall be exempted from the muzzling and restraint requirement. A request by the owner for a hearing under Clause 3.1 above shall be made in writing and delivered to the Town clerk within thirty (30) days of the owner receiving the notice referred to in Clause 2.1 above. 3.3 At least seven (7) days prior to holding a hearing referred to in Clause 3.1 above, Council shall cause a notice of hearing to be served on the owner. 3.4 · The notice referred to in clause 3.3 may be served on the owner by handing it to the owner, but where the notice of hearing cannot be given or served by reason of the owner's absence from the premises or by reason of evasion of service, the notice may be given or served by: (i) handing it to an apparently person on the owner's premises, adult (H) posting it up in a conspicuous place upon some part of the owner's premises, or (iH) sending to the resides. it by prepaid registered mail owner at the address where he 3.5 This notice of hearing shall include: (i) a statement of the facts which lead the Small Animal Control Officer to believe that the owner's dog has bitten a person or domestic animal¡ · . 3.6 · (H) a statement setting out the time and place at which Council will hold a public hearing to determine whether such dog has bitten a person or domestic animal and whether or not such dog shall be exempted from the muzzling and restraint requirement¡ and, (iii) a statement that if the owner does not attend the hearing, Council will proceed with the hearing in the absence of the owner and the owner will not be entitled to any further notice in the proceedings. Notwithstanding that an applicant has applied for a hearing under Clause 3.1 above, a notice under clause 2.1 above to require the owner to muzzle and restrain the dog is effective until the application is disposed of. ../4 3.7 . . vicious Dogs Page 4 The owner may, if he wishes be represented by counselor agent at such hearing and shall have the right to adduce evidence and to submit argument to show that the dog has not bitten a person or domestic animal, or that the dog should be exempted from the muzzling and restraint requirement, and to cross-examine any witness adverse in interest to him, and in the event that the owner's dog is not exempted from the muzzling and restraint requirement, the Council shall, at the request of the owner, deliver written reasons for the decision. 3.8 At the time and place set forth in the notice referred to in Clauses 3.4 and 3.5 above, council shall consider all of the evidence and shall make a declaration that the dog of the owner: . 4.0 (i) or domestic animal or person or domestic has bitten a person has not bitten a animal¡ and (ii) shall be muzzled and restrained or shall be exempt from the muzzling and restraint requirement. DECLARATION 4.1 The declaration referred to in clause 3.8 may be served on the owner by handing it to the owner, but where the declaration cannot be given or served by reason of the owner's absence from the premises or by reason of evasion of service, the declaration may be given or served by: 4.2 . (i) handing it to an apparently person on the owner's premises, adult (H) posting it up in a conspicuous place upon some part of the owner's premises, or (Hi) sending to the resides. it by prepaid registered mail owner at the address where he Any notice required by this By-law to be given by prepaid registered mail, shall be deemed to have been received by the person to whom it was addressed on the fifth day after the day of such mailing. 5 . 0 SUNDRY 5.1 This By-Law shall not apply to a police work dog. 5.2 No person shall fail to muzzle or restrain a dog which is required to be muzzled and restrained pursuant to a notice in Clause 2.1 above or pursuant to a declaration in Clause 4.1 above. . 5.3 . Every person who keeps a dog which requires muzzling and restraining pursuant to this By-Law shall immediately notify the Town after he or she has transferred ownership of the dog to any other person or has begun to keep the dog at a new location. ../5 . . . . . . Vicious Dogs Page 5 5.4 The word "Owner" and the words "he" or "his" where used in this By-Law in addition to its accepted meaning, shall mean and include the plural and whenever the masculine is contained herein it shall be construed as including the feminine. Every person who contravenes any provisions of this by-law is guilty of an offence and is subject to the penalties as prescribed in the provincial Offences Act, R.S.O. 1990, C.P.33. 7.0 This by-law shall shall come into full force and effect upon its final passage. 6.0 8.0 This by-law may be cited Muzzling By-law". as the "Vicious Dog READ a FIRST and SECOND time this 6th day of January, 1994. READ a THIRD time and FINALLY PASSED this 20th day of January, 1994. ~--#~~ Mayor Clerk