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HomeMy WebLinkAbout97-167 R • p • REPEALED BY 4 THE MUNICIPALITY OF CLARINGTON BY-LANTa BY-LAW #97-167 being a by-law to provide for the Regulation and Control of "Vicious" Dogs in the Municipality of Clarington. RECITALS• (a) The Municipal Act, R.S.O. 1990, 210 (10) c .M.45, authorizes a Municipality to pass By-laws prohibiting or regulating the keeping of animals . Now Therefore Be it Resolved that the Corporation of the Municipality of Clarington hereby enacts as follows : SECTION 1 : INTERPRETATION (a) "Municipality" means The Corporation of the Municipality of Clarington and, where the context so implies, members of its staff and Council . (b) "Council" means the elected Council of the Municipality of Clarington. (c) "Dog" means a domesticated carnivore of the species Canis familiaris, that has been weaned, and includes a vicious dog. (d) "Household" means any house, mobile home, dwelling unit, or apartment unit, occupied as a single housekeeping unit for residential purposes, and includes any outdoor space or accessory buildings associated with the household. (e) "Animal Control Services Officer" means a person appointed by the Municipality, to enforce and control the provisions of this By-law. (f) "Municipal Property" means all property owned, leased, or under the control of the Municipality, and without limitation, this term shall include all parks, open space, opened or unopened road allowances, sidewalks, footpaths and/or bicycle trails . (g) "Muzzle" means a humane device designed to fit over the mouth of a dog to prevent the dog from biting. A muzzled dog means a dog wearing a muzzle in the manner anticipated by the manufacturer of the muzzle . (h) "Leash" means a strap, cord or chain, no longer than six feet in length, which is fastened to the collar of the vicious dog. (i) "Owner" includes any person who possesses, keeps or harbours one or more dogs . (j ) "Person" includes an individual, a sole proprietorship, a partnership, an unincorporated association, a trust, a body corporate, and a natural person. (k) Where "Restrained" is used in connection with a vicious dog at its owner' s household, it shall mean: (a) kept indoors in a manner respective of its environmental needs which prevents the vicious dog from having contact with persons who have not consented to contact; or • J} I• 2 (b) kept in a pen or other outdoor enclosure respective of its environmental needs which prevents the vicious dog from: (i) leaving the owner' s household (except in accordance with the provisions of Section 1 (1) of this By-law) , and (ii) coming into contact with persons who have not consented to contact . (1) Where "Restrain" is used in connection with a vicious dog at a place other than its owner' s household it shall mean a vicious dog which is muzzled, leashed, and under the control of a person who is 18 years of age or older. (m) "Vicious Dog" means an dog which has been declared to be vicious by the Animal Control Services Officer in accordance with the provisions of Section 2 . 1 of this By- law. SECTION 2 : VICIOUS DOGS 2 . 1 Declaring a Doer as Vicious : The Animal Control Services Officer shall investigate any dog bite incident which has been reported to the Durham Health Unit or to the Animal Control Services Division of the Municipality. Where the Animal Control Services Officer is satisfied that the dog has, without provocation, bitten or attacked a person or • domesticated animal, or has without provocation placed • person or domestic animal at risk of physical harm, the Animal Control Service Officer shall declare the dog to be a vicious dog. 2 .2 Change of Information: Owners of Vicious Dogs: Every owner of a vicious dog, upon relocation of his or her residence, or that of the vicious dog, or upon ceasing to own a vicious dog, shall be required to immediately notify the Animal Control Services Division of the Municipality of the change of address or name and address of the new owner or the new location of the vicious dog. 2 . 3 Service of a Declaration: Where a dog has been declared a vicious dog, pursuant to Section 2 . 1 of this By-law, the dog owner shall be provided with a copy of a written declaration to that effect . Service of the written declaration may be effected by personal service at the owner' s residence to anyone apparently over the age of 16 years or to the dog owner at any place, or by registered mail to their last known address with service deemed effective 5 days after mailing. Where a dog has been declared a vicious dog pursuant to Section 2 . 1 of this By-law the dog owner shall have the vicious dog photographed and permanently identified by microchip, at the owner' s expense within 21 days of the service of the vicious dog designation. 2 .4 Appeal of Declaration: Where a dog has been declared a vicious dog, the dog owner may apply to the Municipality for a hearing as to whether or not the declaration should be revoked. An application for a hearing by Council shall be filed with the Municipal Clerk within ten (10) business days of the date of service of the Notice of Declaration. 2 . 5 Restraint of Vicious Dogs : Every owner of a vicious dog shall restrain the vicious dog. 3 SECTION 3 : PENALTY 3 . 1 Any person who contravenes any of the provisions of this By-law is guilty of an offense and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S .O. 1990, c . P. 33 , as amended. 3 . 2 Should any paragraph, clause or phrase in this By-law be declared by a court of competent jurisdiction to be invalid in whole or in part, the validity of the other provisions of the By-law shall not be affected thereby, the intent of Council being that each provision of the By-law shall be determined to be separately valid and enforceable to the fullest extent permitted by law. This By-Law may be cited as the "Vicious Dogs" By-Law. By-law shall come into full force and effect as of the date of its passing. By-law read a first and second time this 7th day of July 1997 By-law read a third time and finally passed this 7th day of July 1997 MAYO �' L K