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HomeMy WebLinkAboutTWP 95 021 Muzzling Regl - Dogs Ii " II :¡ 'I I II II I, " II " I' II ,I . 'i II , , !I I [I II II ,I Ii II II II 'I II il :¡ " ¡, ,I II Ii ,I 'I . II Ii ì II !I I I II I II II I' II II ,I II Ii ¡i :1 " il II il II 'I I, II I " 11 + ;i II !I :j :1 Ii " !I i U il , , II " " , il 'I !I I, Ii J: I' ,I I II :1 il I I , , . I, . THE CORPORATION OF THE TOWNSHIP OF KINCARDIHE BY-IAW 95-21 A BY-LAW ro PROVIDE KUZZLIlI'G " RBSTRAI1I'I1I'G RBGULATIOlITS FOR VICIOUS DOGS WHEREAS paragraph 10 of Section 210 of the Municipal Act, R.S.O. 1990, c.M.45 provides that Council may pass by-laws to require the muzzling of dogs having a vicious disposition; AND ~ it is deemed desirable to control vicious dogs in the Township of Kincardine which have created a nuisance; NOM r~~, the council of the Corporation of the Township of Kincardine enacts as follows: DEFIlIIITIOlITS : 1. For 1.1 1.2 1.3 the purposes of this By-Law: Control includes care and custody. Conncil shall mean the Council for the corporation of the Township of Kincardine. DQq shall mean a canine over the any breed of domesticated domesticated dog. age of eight weeks of , dog or crossbreed 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 doc¡ includes a person who possess or harbours a dog and, where the owner is a minor, the person responsible for the custody of the minor. 1.6 Pol ice Work Dog shall mean a dog trained for and actually engaged in law enforcement. 1.7 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. 1.8 Rest rained 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 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 anjmal Control Officer shall mean a By-Law Enforcement Officer appointed by the Township Council and designated as a Provincial Offences Officer. 1.10 Township shall mean The Corporation of the Township of Kincardine. ¡, il " iI I I: j' Ii , 'I II II II il II i¡ II I, " Ii I! 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II . ,Ii II 'I II , ii !i " ,'I :1 " :: " i' t ii I: ii ;1 I' " II " i! :¡ ~ i II I' I I I I, I' II I, 'I 11 II II , t II iI II I , . . vicious Dogs By-Law # 95-21 Page 2 2.0 lI'OTIFICATIOlIT: 2.1 Where the Small Animal Control Officer of the Township 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 handling 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 adult person on the owner's premises, (ii) posting it up in a conspicuous place upon some part of the owner's premises, or (iii) sending it by prepaid registered mail to the owner at the address where he resides. 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 bitten a person or domestic animal, (ii) a requirement that the owner shall muzzle and restrain the dog; and, (iii) a statement that the owner may request, and is entitled to a hearing by Council who may exempt the owner from the muzzling and restraint requirement. 3.0 t:l"21RTWG: 3.1 The Council shall, if requested by the owner in accordance with section 3.2, hold a hearing pursuant to the provisions 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. 3.2 A request by the owner for a hearing under Clause 3.1 above shall be made in writing and delivered to the Town~hip 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. II II '! II' II Ii ¿ Ii " 3.4 . . vicious Dogs By-Law 95-21 Page 3 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. (i) Ii " ii II (ii) Ii ii ,! , (iii) Ii , handing it to an apparently adult person on the owner's premises, posting it up in a conspicuous place upon some part of the owner's premises, or sending it by prepaid registered mail to the owner at the address where he resides. 3.5 This notice of hearing shall include: . 'I !i Ii ¡¡ " II i¡ ii , :¡ II ii II .¡ " Ii Ii Ii Ii il 'I Ii II I il 3.6 ;: , Ii ¡¡ 3.7 ¡i 'I I, ,I ¡i !i II " " , II I, I' ,I II II I, q I I I Ii ,. 3.8 (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; (ii) 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. The owner may, if he wishes be represented by Counsel or 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. 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: (i) has bitten a person or domestic animal or has not bitten a person or domestic animal; and (ii) shall be muzzled and restrained or shall be exempt from the muzzling and restraint requirement. II 'I I:. 11 II I' I " !I I, II I II I If Ii II I I I II ,I Ii II ,I u II " II 'I II I' I I' II I, " " I' II I I Ii + II II ,,. II II 'I " Ii II " ¡1 I' ,I . . vicious Dog By-Law 95-21 Page 4 4.0 DECLARA!rI01I': , I,! I; , 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: i! Ii II I! " /I (i) handing it to an apparently adult person on the owner's premises, (ii) posting it up in a conspicuous place upon some part of the owner's premises, or (iii) sending it by prepaid registered mail to the owner at the address where he resides. Ii ii II II " " II Ii ,; ;, " 4.2 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. ii I' II 'I Ii Ii II 5.0 SUJlDRY: 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. 'I !i ii " II " ,I ¡¡ il 5.3 Every person who keeps a dog which requires muzzling and restraining pursuant to this By-Law shall immediately notify the Township 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. d :¡ ., II , il Ii II ;'¡ :1 I II iI 'i il II II II I' II ,I Ii Ii " i " Ii II , I I 5.4 The word "Owner" and the words "he" or "his" where used in the 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. 6.0 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 come into full force and effect upon its final passage. 8.0 This By-Law may be cited as the "Vicious Dog Muzzling By- Law". READ a FIRST and SECOND time this 1995. Ifltictay of g././4"'~ iii ~ day of RMD@'RD ~( ~/~/ Time, and FINALLY PASSED this 1995. ~~~¿ ii '!