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HomeMy WebLinkAbout2011-057THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011-057 Being a By-law to amend By-law 2006-227, a by-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington WHEREAS Sections 9 to 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended ("Municipal Act"), confer the power to pass by-laws regulating or prohibiting animals to lower-tier municipality; AND WHEREAS the Dog Owners' Liability Act., R.S.O. 1990, c.D.16, as amended, provides for controls on pit bulls and other dog breeds as defined in the Act; AND WHEREAS the Municipality of Clarington is committed to Responsible Pet Ownership; NOW THEREFORE BE IT ENACTED THAT By-law 2006-227 be amended as follows: 1.1 That the following definitions be added to Section 1.2: LEASH FREE AREA -shall mean an area designated by the Municipality where Dogs are not required to be on a leash but must be under verbal control of an Owner. UNDER VERBAL CONTROL -shall mean a dog in a leash free area that is adhering to the verbal commands of an owner or person that is verbally capable of controlling the dog to prevent the dog from lunging, attacking, biting or interfering with a person or another domestic animal. 1.2 That the words "except in a designated area" in section 4.1.4 (b) be deleted and replaced with the words "except in a Leash Free Area". 1.3 That the following section be added to Section 4 -ANIMALS AT LARGE: 4.1.5 Notwithstanding Section 4.1.1, an Owner of a Dog may permit the Dog to be off leash in any Leash Free Area subject to the following: (a) No Owner shall bring into any Leash Free Area: i) a Restricted Pit Bull ii) a Dog that must be muzzled or leashed in accordance with an Order to Restrain issued by the Municipality of Clarington or any other Municipality or under the Dog Owner's Liability Act (DOLA) iii) a Female Dog in heat iv) a Dog without up-to-date vaccinations v) a Dog wearing a spike, chain or pinch collar vi) Any other animal other than a Dog (b) In a Leash Free Area, every Owner of a Dog, shall i) be feast 16 years of age and capable of controlling the Dog ii) ensure that their Dog is Under Verbal Control and within sight at all times iii) immediately leash and remove their Dog from the Leash Free Area if it creates a nuisance or shows aggressive behaviour towards any person or other domestic animal iv) immediately leash and remove their Dog from the Leash Free Area at the request of an Animal Services Officer, if, in the opinion of the Animal Services Officer, the Dog is showing signs of aggressive behaviour towards any person or other domestic animal or is creating a nuisance, or if the Owner fails to comply with any provision of this By-law; v) upon entering the Leash Free Area keep their Dog on leash until they are inside the double gate, to prevent escapes; vi) upon exiting the Leash Free Area keep their Dog on leash before exiting the double gate, to prevent escapes; vii) carry a suitable leash at all times for each of their Dog(s); a. limit the number of dogs they are bringing into the Leash Free Area to a maximum of three (3) b. not leave their Dog unattended 4.1.6 Children under 6 years of age are prohibited from entering any Leash Free Area. 4.1.7 Children between 6 and 12 years of age must be strictly supervised by an adult attendant while in any Leash Free Area. 4.1.8 No person shall bring in to or possess while in any Leash Free Area: any bottles, containers or any other articles equipment, or utensils, made of glass, china, ceramic or other breakable substance capable of causing injury to a Dog; ii) any food, including but not limited to human or canine variety. 4.1.9 No person shall conduct classes or professional training within any Leash Free Area. 4.1.10 Every Owner or any person attending a Leash Free Area is legally responsible for their own dog(s) and any injuries or damage caused by their dog(s). Persons who choose to use any Leash Free Area do so at their own risk. BY-LAW passed in open session this 16~hf May, 2011. Fosfer, MaY6{ -_ ~- __ Vlunicipal-Clerk -