HomeMy WebLinkAboutTWP 95 021 Muzzling Regl - Dogs
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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.
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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.
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3.4
.
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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)
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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:
.
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3.6
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3.7
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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.
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vicious Dog By-Law 95-21
Page 4
4.0
DECLARA!rI01I':
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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:
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(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.
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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.
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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.
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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.
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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.
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