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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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File # \='0 I. ~C
Date: October 5, 1998
Report #: CD-50-98
Subject: FENCING OF DOG OWNERS PROPERTIES
Res. # 6~1C\ - .5 37 -9 g"
By-law #
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council:
THAT Report CD-50-98 be received for information.
BACKGROUND
On June 1, 1998, Council requested that the Clerk's Department review and report on the possibility of
requiring dog owners to fence their properties.
Section 210 of The Municipal Act provides municipalities with the authority to pass by-laws related to the
keeping of animals. Within that authority, a municipality can require the owner of a dog to keep the dog
leashed and under control of a person when the dog is off the property of the owner. Also, when a dog
has bitten, a municipality can require the dog to be leashed at all times. There is no authority for a
municipality to require the property of the owner to be fenced.
By-law 87-156, as amended, prohibits dog owners from allowing their animals to run at large. As with all of
the municipality's by-laws, this by-law is enforced on a complaint basis. This year, to date, approximately
30 charges have been laid by the Animal Control Officers under this by-law.
As well, the municipality passed By-law 97-167 to regulate and control vicious dogs. Under this by-law, a
dog who is found to have bitten or attacked a person or domesticated animal without provocation will be
declared to be vicious and must be kept either indoors or in an outdoor enclosure while on the owner's
property. When taken off the owner's property, the vicious dog must be muzzled, leashed and under the
control of an individual aged 18 years or older.
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Report CD-50-98
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October 5, 1998
Given the authority that the municipality has been granted by the Province to regulate the control of
animals, the Municipality of Clarington has passed the relevant by-laws. Although it is preferred that dog
owners fence their properties, there is no authority for the municipality to require it.
Respectfully submitted
Reviewed by
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W.H. Stockwell
. Chief Administrative Officer
.
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