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HomeMy WebLinkAbout2001-170 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2001-170 A by-law to amend By-Law#99-90, as amended, being a by-law to license, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington, or defined areas therein, and to repeal By-laws *87-156, 87-189,'88-42,'88-193, *91-82, '93-58, '93-111, 96-31 and 97-167. WHEREAS the Municipal Act, R.S.O. 1990, Chap. M.45, as amended, authorizes a municipality to pass by-laws prohibiting, regulating, restricting and requiring the licensing of certain animals and further authorizes by-laws prohibiting and abating public nuisances; NOW THEREFORE BE IT RESOLVED, that the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: THAT By-Law#99-90, as amended, be further amended as follows: 1. THAT Section 1.2, paragraphs u) and v) be deleted in their entirety and replaced with the following: u) Where "RESTRAINED" is used in connection with a dog which is the subject of an "Order to Restrain" at its owner's household, it shall mean: 1. kept indoors in a manner respective of its environmental needs which prevents the said dog from having contact with persons who have not consented to contact; or 2. kept in a pen or other enclosure respective of its environmental needs which prevents the dog which is the subject of an "Order to Restrain" from, i) leaving the owner's household ii) coming into contact with persons who have not consented to contact. v) Where "RESTRAINED" is used in connection with a dog which is the subject of an "Order to Restrain" at a place other than its owner's household, it shall mean the said dog will be muzzled, leashed with a leash no longer than 6 feet in length and under the care and control of a person who is at least 16 years of age; 2. THAT Section 1.2, paragraph aa) be deleted in its entirety and replaced with the following: aa)"ORDER TO RESTRAIN" shall be issued by an Animal Services Officer in accordance with the provisions of this By-law; 3. THAT Section 1.5 be amended, by deleting the following wording: "Schedule "B"—Vicious Dog Declaration" and replacing it with: "Schedule "B"— Order to Restrain" 4. THAT Section 5 be deleted in its entirety and replaced with the following: SECTION 5 - "ORDER TO RESTRAIN" Section 5.1 (a) The Animal Services Officer shall investigate any dog bite incident which has been reported to the Durham Region Health Unit or to the Animal Services Division of the Municipality. Section 5.1 (b) Where an Animal Services Officer has investigated and is satisfied that a dog has placed a person or domestic animal at risk of physical harm, the Animal Services Officer shall issue an "Order to Restrain" the dog. Section 5.1 (c) Where an Animal Services Officer has investigated and is satisfied that a dog has bitten or attacked a person or domestic animal, the Animal Services Officer shall issue an "Order to Restrain"the dog. Section 5.2 Where an "Order to Restrain" has been issued pursuant to Section 5.1 of this By-law, the dog owner will be served with a copy of the written "Order to Restrain" in the form set out in Schedule "B". Service shall be effected by delivering the "Order to Restrain" personally to the owner of the dog or by leaving it for the owner at his last known or usual place of abode with an inhabitant thereof who appears to be at least 16 years of age or by registered mail to the owner's last known address. Service is deemed to be effected five (5) days after mailing. 1+ 7 Section 5.3 Where an "Order to Restrain" has been issued pursuant to Section 5.1 of this By-law, the dog owner may apply to the Municipality for a hearing as to whether or not the "Order to Restrain", in whole or in part, should be revoked. An application for a hearing by Council shall be filed by the dog owner or the dog owner's agent, with the Municipal Clerk of the Municipality at 40 Temperance Street, Bowmanville, Ontario, within ten (10) business days (excluding Saturdays, Sundays and Statutory Holidays) of the date the "Order to Restrain" is served upon the owner. As soon as practicable after receipt of the appeal, the Municipal Clerk shall notify the dog owner and the subject of the attack of the date, time and location of the hearing. If an owner fails to appear at such hearing, the "Order to Restrain" shall be deemed to be in full force and effect as if no appeal had been filed. Section 5.4 Where an "Order to Restrain" has been issued pursuant to Section 5.1 of this By-law, and no appeal has been filed, the dog owner shall have the dog which is the subject of an "Order to Restrain" licensed and registered and permanently identified by microchip implantation, at the owner's expense, within twenty-one (21) days of the service of the "Order to Restrain". In the event an appeal is filed, the dog owner shall comply with the terms of the "Order to Restrain", as may be amended by Council, within seven (7) days of the date the hearing is held. Any decision made by Council at the hearing is final. Section 5.5 A dog owner who is required to licence, register and identify by microchip implantation a dog which is the subject of an "Order to Restrain" issued under this By-law shall provide proof thereof to the Animal Services Division of the Municipality within thirty (30) days of service of the "Order to Restrain" when no appeal has been filed and within fifteen (15) days of the date of the hearing, when an appeal has been filed. Section 5.6 Every owner of a dog which is the subject of an "Order to Restrain", issued pursuant to Section 5.1 of this By-law, upon relocation of his or her residence, or that of the said dog, or upon ceasing to own the said dog, shall be required to immediately notify the Animal Services Division of the Municipality of the change of address, or the name and address of the new owner or the new location of the said dog, as the case may be. Section 5.7 Every owner of a dog which is the subject of an "Order to Restrain", pursuant to Section 5.1 of this By-law, shall restrain the said dog at all times when the said dog is at the owner's household. Section 5.8 Every owner of a dog which is the subject of an "Order to Restrain", pursuant to Section 5.1 of this By-law, shall restrain the said dog at all times when the said dog is not at the owner's household. Section 5.9 The form "Order to Restrain" referred to in Section 5 shall be in the form set out in Schedule "B" attached hereto. 5. THAT Schedule "B" be deleted in its entirety and replaced with Schedule "B" — "Order to Restrain", attached hereto and forming part of this By-Law. 6. THAT By-Law#99-90, as amended, be and is hereby further amended. By-law read a first and second time this 24th day of September, 2001.- By-law read a third time and finally passed this 24th day of September, 2001. Jahn Mutton, Mayor Ma ' gh*teyj, p�uty Cler Schedule "B" ' To By-law#2001-170 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON CLARING TON ANIMAL SHELTER ANIMAL SERVICES DIVISION ORDER TO RESTRAIN Pursuant to Municipality of Clarington By-Law 99-90, as amended, Section 5 ORDERXXXX This Order is issued to: As owner of a dog described as: An investigation of an incident involving your dog has been conducted by the Animal Services Officer of the Clarington Animal Shelter and it has been determined that your dog bit/attacked a person/domestic animal on the day of in the year 20 In accordance with Clarington By-Law 99-90, as amended, you are hereby served with notice that you, as owner of the dog, are hereby ordered to comply with the requirements of Section 5, of By-Law 99-90, as amended, more particularly set out as follows; You shall: 1) licence and register the dog with the Clarington Animal Shelter and have the dog permanently identified by microchip implantation, at your expense, within 21 days of receipt of this Order. You shall provide proof of such registration to the Animal Services Division within 30 days; 2) notify the Clarington Animal Shelter Staff immediately upon relocating the dog or upon transferring ownership of the dog; 3) restrain the dog at all times, while the dog is on your own property, by keeping it enclosed in a pen or other enclosure in such a manner as to prevent the dog from leaving your property and to prevent contact with people and other animals; 4) restrain the dog at all times, while the dog is off your own property, with the use of a muzzle and a leash no longer than 6 feet and under the care and control of a person who is 16 years of age or older. A certified copy of By-Law 99-90, as amended, forms part of this Order and is attached hereto. You may apply for a hearing by Council respecting this Order by filing an appeal in written form with the Municipal Clerk at : 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 Within ten (10) business days of the date of service of this Order. As a result of the issuance of this Order, you are herewith responsible for ensuring compliance with the provisions of Clarington By-Law 99-90, as amended. Failure to do so will result in a prosecution under the Provincial Offences Act, R.S.O. 1990, Chap. P33, as may be amended from time to time. The maximum fine for offences under this Act is $5,000.00 Issue Date: Issued By: Served On: Served By: Date of Service: