HomeMy WebLinkAbout09 106 Dogs Off-Leash Park By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2009 -106
BEING A BY-LAW TO ESTABLISH, DESIGNATE AND REGULATE A DOGS
OFF-LEASH PARK IN THE MUNICIPALITY OF KINCARDINE
WHEREAS pursuant to subsections 11 (3) 5 and 11 (3) 9 of the Municipal Act,
2001, S.O. 2001, c. 25, as amended, a lower-tier municipality may pass by-laws
respecting matters within the spheres of jurisdiction of parks and of animals;
AND WHEREAS Sections 8 (1) and 9 of the said Municipal Act, provides that the
powers of a municipality under this or any other Act shall be interpreted broadly
so as to confer broad authority on the municipality to enable the municipality to
govern its affairs as it considers appropriate and to enhance the municipality's
ability to respond to municipal issues and a municipality has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS the Council of the Municipality of Kincardine passed By-law No.
1999-51 to provide for the licensing, restraining and regulating the control of dogs
within the Municipality;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine enacts as follows:
1. Definitions
1.1 "Dogs Off-Leash Park" shall mean an area of land designated
by the Municipality where dogs are permitted to run at large;
1.2 "Owner/handler" includes any person who owns, keeps, possesses,
harbours or acts as a guardian of a dog for any length of time,
whether or not that person has a license for the dog, and, where
the owner is a minor, the person responsible for the custody of the
minor;
1.3 "Puppy" shall mean a dog less than 3 months old;
1.4 "Vaccinated" includes a dog's 12 week shots and current rabies
shots.
2. Subject to Section 2, a dog owner may permit their dog licensed under By-
law No. 1999-51, as amended, or any successor by-law thereto, to run at
large in a Dogs Off-Leash Park.
3.
Owners of dogs whose dogs are required to be muzzled and secured by a
leash, including Pit Bulls as required in the Dog Owners' Liability Act,
R.S.O. 1990, c. 0.16, may not permit the dog that is required to be
muzzled to run at large in a Dogs Off-Leash Park and must be secured by
a leash.
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Dogs Off-Leash Park By-law
By-law No. 2009 - 106
4.
Aggressive Dogs are not permitted in a Dogs Off-Leash Park. Persistent
aggressive action by dogs or people will not be tolerated.
A dog shall be deemed to be aggressive if:
(a) the dog has bitten or attacked a person or domestic animal;
(b) the dog has behaved in a manner that poses a menace to the
safety of persons or domestic animals.
5. Subsection 5.12 of By-law No. 1999-51, as amended, shall not apply to
persons who permit their dogs to run at large within the boundaries of the
Dogs Off-Leash Park.
6. No person shall permit a dog to run at large pursuant to Section 2 unless
that person is in the Dogs Off-Leash Park, within sight of the dog at all
times, and the dog is under verbal control.
7.
That the area identified on Schedule 'A', attached hereto and forming part
of this by-law, is designated as a Dogs Off-Leash Park.
8 No person shall remain in a Dogs Off-Leash Park between sunset and
sunrise each day.
9. No person shall play or practice any sporting activity except walking within
a Dogs Off-Leash Park, without prior permission of the Municipality of
Kincardine.
10. No person shall convey to or on, or enter or be on any area in a Dogs Off-
Leash Park while in the possession of any bottles, toys, food, containers
or any other articles, equipment, or utensils made of glass, china, ceramic
or other breakable substance capable of causing injury to a dog.
11. No person shall permit any animal other than a dog of which they are the
owner/handler to be at large in a Dogs Off-Leash Park.
12. No person shall smoke in a Dogs Off-Leash Park.
13. No person shall enter a Dogs Off-Leash Park exceeding 3 dogs per
handler. An owner/handler aged 12 or older must be present and in
control of their dogs at all times.
14. No person shall allow a puppy to enter a Dogs Off-Leash Park.
15. No person shall allow an unlicensed dog to enter a Dogs Off-Leash Park.
16. No person shall allow a dog to enter a Dogs Off-Leash Park without its
current municipal dog license tag and its current rabies vaccination tag
attached to the dog's collar.
17. Owners/handlers must stoop, scoop and dispose of excrement left by their
dog.
18. Save as otherwise provided herein, any person violating any of the
provisions of this by-law is guilty of an offence and subject to the penalties
as prescribed in the Provincial Offences Act, R.S.O 1990, c. P.33, as
amended.
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Dogs Off-Leash Park By-law
By-law No. 2009 - 106
19. That this by-law shall come into full force and effect upon its final passage.
20. That this by-law may be cited as the "Dogs Off-Leash Park By-law".
RST and SECOND TIME this 8th day of July, 2009.
L!Yl\) Q 1 CUl. 1 'p ih~ 0 '10 0 (\
~ Clerk
E and FINALLY PASSED this 8th day of July, 2009.
vUD.2liM\ ; Q ~ (JOG r'\
~Clerk