Animal Control By-law

a)  “Animal(s)” means any living organism, other than human, having sensation and the power of voluntary movement and requiring oxygen and organic food for its existence.

b)  “Animal Control Officer” shall mean a person or a corporation, including said Corporation’s employees, agents, and representatives, that has entered into a contract with the County or who are employed by the County for the control and regulation of animals within Haldimand County and includes a Municipal Law Enforcement Officer, an officer of the Ontario Provincial Police, and any other party contracted by the County to provide such services.

c)  “Appeal committee” means Council for the Corporation of Haldimand County or any person or committee delegated the responsibility by Council;

d)  “Attack trained” means a dog that has been trained to inflict injury, maim, immobilize or display a threatening or aggressive disposition or kept for the purposes of security or protection, whether residential, commercial or industrial, of person's property.

e)  “Cat(s)” shall mean a male or female feline over the age of six weeks of any breed of domesticated cat or crossbreed domesticated cat.

f)  “Commercial Kennel” means a premise of an establishment where more than two (2) dogs are boarded, bred, kept or trained for remuneration

g)  “Control” shall mean having at all times, the ability to manage, direct, restrict and restrain the movements of an animal.

h)  “Council” means the Council for the Corporation of Haldimand County.

i)  “County” means the Corporation of Haldimand County.

j)  “Dangerous dog” means any individual dog which:

1. has on one or more occasions bitten or attacked a person or domestic animal;
2. has on one or more occasions behaved in a manner that poses a menace to the safety of persons or domestic animals;
3. when an owner of the dog has on one or more occasions failed to exercise reasonable precautions to prevent the dog from,
   1. biting or attacking a person or domestic animal, and/or
   2. behaving in a manner that poses a menace to the safety of persons or domestic animals;
4. is a restricted pit bull and an owner of the dog has on one or more occasions    failed to comply with one or more of the requirements of this Act or the regulations respecting restricted pit bulls;
5. is a pit bull other than a restricted pit bull; or other dog prohibited by Provincial legislation;
6. there is reason to believe that the dog may cause harm to a person or domestic animal;
7. where in the opinion of an Animal Control Officer, Municipal Law Enforcement Officer or Police Officer the dog shows the disposition or tendency to be  threatening or aggressive and there is a concern for the well-being or safety to another animal or to a human;

A dog shall not be considered dangerous if a person is on premises with the intention of committing, or is in the commission of, a criminal act on the premises and incurs injury caused by being bitten or attacked by a dog unless the keeping of the dog on the premises was unreasonable for the purpose of the protection of person or property.

k)  “Dog(s)” means any male or female domesticated dog, or any member of the species Canisfamiliaris.

l)  “Domestic farm animal” shall mean an animal kept by a person for animal husbandry, or for its pelt, wool or fur or for food or research purposes, and includes, but is not limited to, domesticated ungulates of the families Artiodactylus, Perissodactylus, Anseriformes, Galliformes, Gallus and Ratite Birds.

m)  “Dwelling unit” means a suite of two or more rooms used by one or more persons living together, including up to two boarders, in which cooking, eating, living, sleeping and sanitary facilities are provided, and with a private entrance accessed from outside the building, from a common hallway or from a common stairway.

n)  “Hunting” means lying and waiting for, searching for, being on the trail of, pursuing, chasing or shooting at wildlife, whether or not the wildlife is killed, injured, captured or harassed and does not include trapping.

o)  “Identification tag” or “tag” shall mean a disc or other shape of metal or plastic furnished by the County or Poundkeeper in connection with the licensing and registering of a dog, which tag shall demonstrate that the dog has been licensed and registered with the County.

p)  “Impound(ed)” shall mean to confiscate, confine, hold or take possession.

q)  “Keeps” shall mean to have temporary or permanent control or possession of an animal, and the words “harbour”, “kept” or “keeping” have a similar meaning.

r)  “Kennel” shall mean a Purebred Kennel and Commercial Kennel and includes:

1. 1. any premise of such an establishment, in which more than two (2) dogs over sixteen (16) weeks of age, are bred, or
   2. any premise of such an establishment in which more than five (5) dogs are boarded or trained,
   3. any premise of such an establishment in which more than five (5) dogs are kept as Rescue Dogs,
   4. but does not include:
      1. a veterinary clinic or veterinary hospital;
      2. a public pound or animal shelter used by the County for impounding animals; 
      3. any premises licensed under any statute of the Province of Ontario or the Government of Canada, which permits the keeping of dogs and other animals under certain conditions;
      4. a pet shop;
      5. a dog(s) kept as a pet(s), or as a companion dog(s)

s)  “Leash” shall mean a tether, rope, chain, line or similar device for leading or restraining an animal and shall be of sufficient strength and design to restrain the animal and to allow a person to restrain and control the animal.

t)  “Licence” means an identification tag or kennel license issued by the Poundkeeper in relation to the application for such license.

u)  “Licence fee” means a fee imposed upon the owner of a dog or kennel.

v)  “Microchip” means an approved Canadian standard encoded identification device implanted into an animal, which contains a unique code that permits or facilitates local authority or an Animal Control Officer access to owner information, including the name and address of the owner of the animal.

w)  "Mitigating factor" means a circumstance which excuses aggressive behaviour of a dog and without limiting the generality of the foregoing, may include circumstances where:

1. the dog was, at the time of the aggressive behaviour, acting in defence to an attack by a person or domestic animal;
2. the dog was, at the time of the aggressive behaviour, acting in defence of its young  or reacting to a person or a domestic animal trespassing on the property of  its  owner; or
3. the dog was, at the time of the aggressive behaviour, being teased, provoked, or tormented.

x)  “Municipal Law Enforcement Officer” means a person or persons duly appointed by the Council of the Corporation to enforce the provisions of this by-law, and includes any police officer appointed pursuant to the Police Services Act.

y)  “Muzzle” means a humane fastening or covering device of adequate strength and design and suitable to the breed of the dog, that fits over the mouth of the dog and cannot be removed by the dog, so as to prevent the dog from biting.

z)  “Neutered” means a male dog which has had its generative organs removed for which the owner produces satisfactory evidence.

aa)  “Owner” shall mean a person or an owner of land or premises where an animal is kept and shall include a tenant or occupant of such land or premises or any person who has control of an animal or a person who owns,  keeps, possesses or harbours an animal or a person who operates or manages a kennel and where the owner is a minor, also includes the person responsible for the custody of the minor and "owns" and "owned" have corresponding meanings.

bb)  "Parkland" means land owned or leased by the County and set aside for park purposes.

cc)  “Person”  includes an owner, individual,  partnership, association, firm or Corporation, business entity or club, or any other incorporated or unincorporated group or organization to whom the context can apply in accordance with the Interpretation Act, R.S.O. 1990.

dd)  “Pet shop” means an establishment engaged in the retail sale of animals excluding a kennel.

ee)  "Point of reception" means any point on a premise where the barking, calling, whining or other similar persistent sound originating from other than that premises is received.

ff)  “Pound” means such premises and facilities of a person designated by the County and have entered into a contract with the County to maintain a facility used for the detention, maintenance or disposal of animals on behalf of the County.

gg)  “Poundkeeper” means the County and any employee thereof and/or a person, service or agency designated or appointed to maintain, enforce and administer this by-law which includes the premises and facilities operated as a pound.

hh)  "Premise(s)" means a building or a part of a building including a dwelling unit and any land appurtenant to the building or part of the building and includes a vacant lot.

ii)  "Protective care" means the temporary, time-limited keeping of an animal by the County as a result of an owner eviction, incarceration or as a result of a fire the owner cannot provide animal care or animal medical attention.

jj)  “Purebred Kennel” means a premise where more than two (2) purebred dogs which are officially recognized breeds by the Canadian Kennel Club or other official registering body are boarded, bred, kept or trained and registered in a kennel club.

kk) "Rescue Dog" shall mean a dog which has been seized from an owner or was otherwise homeless or abandoned, and is subsequently hosted, sheltered or harboured for sanctuary or protective care purposes. [As amended by By-law 2482-23]

6.  No person shall own, harbour, possess, keep, sell or offer for sale any prohibited animal listed below as a pet or for any other purpose or for any period of time:

a)  All Marsupialia(e.g. koalas, kangaroos, opossums and wallabies), except sugar  gliders derived from self-sustaining captive populations;

b)  All Non-human Primates (e.g. chimpanzees, gorillas, monkeys and lemurs)

c)  All Felids, except the Felids Domestinus (domestic Cat);

d)  All Canids, except the Canis Domesticus (domestic Dog);

e)  All Carnivora (e.g. otters, wolves, bears, coyotes, foxes, tigers, leopards, cougars, lions, lynx, mink, skunks, weasels, badgers, mongooses and raccoons), except dogs, cats and ferrets;

f)  All Anseriformes (e.g. ducks, geese, swans and screamers),  except  if located  on rural or agricultural premises zoned under a County zoning by-law permitting such a use;

g)  All Galliformes (e.g. pheasants, grouse, guinea fowls, turkeys, chickens and  peafowls), except if located on rural or agricultural premises zoned under a County zoning by-law permitting such a use;

h)  All Artiodactyla (e.g. cattle, goats, sheep, pigs, deer, elk, alpacas and llamas), except  if located on rural or agricultural premises zoned under a County zoning by-law permitting such a use;

i)  All Procyonids (such as Raccoons, Coatis and Cacomistles);

j)  All Hyaenas;

k) All Perissodactyla (e.g. horses, donkeys, jackasses, mules, zebras and ponies), except if located on rural or agricultural premises zoned under a County zoning by-  law permitting such a use;

l)  All Proboscida (such as Elephant, Rhinoceros and Hippopotamus);

m)  All Pinnipeds (such as Seals, Fur Seals and Walruses);

n)  All Squamata (e.g. lizards and snakes) except:

1. 1. 1. non-venomous snakes where neither the female nor the male of  species  exceeds or will exceed 3 metres in length from nose to tip of tail before or at maturity; and
      2. non-venomous lizards (not including Iguana) where neither the female nor the male of the species exceeds or will exceed 2 metres in length from nose to tip of tail before or at maturity;

o)  All Families of Venomous Snakes, even if devenomized;

p)  All Diurnal and Nocturnal Raptors (such as Eagles, Hawks and Owls) unless authorized by the Ministry of Natural Resources;

q)  All Birds the keeping of which is prohibited in the Migratory Birds Convention Act, S.C. 1985, C.M.-7 and regulations thereto; and all animals the keeping of which is prohibited in the Fish and Wildlife Conservation Act, 1997 and regulations thereto;

r)  All Edentates (such as Anteaters, Sloths and Armadillos);

s)  All Chioptera (such as Bats, Myotis and Flying Foxes);

t)  All Crocodilians (such as Alligators, Gavials, Caymans and Crocodiles);

u)  All Families of Venomous Spiders, except Tarantulas;

v)  All Sciuridae (such as Flying Squirrels and Red Squirrels);

w)  All Struthioniformes (e.g. ostriches, rheas, cassowaries, emus and kiwis), except ostriches, emus or kiwis if located on rural or agricultural premises zoned under a County zoning by-law permitting such a use.

x)  All Artiodactyla (such as Antelopes, Giraffes and Hippopotamuses), but not including domestic Sheep, Cattle, Pigs, Pot-bellied Pigs or Goats;

y)  All Hyracoidea (such as all Hyrax);

z)  All Pholidota (such as all Pangolin); aa) All Dermoptera (all Lemurs);

bb)  All Lagomorpha (such as Hares and Pikas), except domestic Rabbits;

cc)  All Rodentia (e.g. porcupines, prairie dogs, nutria and chinchillas) except Rodentia:

1. 1. 1. where neither the female nor the male of the species exceeds or will exceed 1,500 grams in weight before or at maturity; and
      2. that are derived from a self-sustaining captive population;

dd)  All other Venomous or Poisonous Animals except Grammostola rosea (Chilean  Rose), Brachypelma smithi (Mexican Red-Knee) and Avicularia avicularia (Pink-Toe) Tarantulas.

7.  Examples of animals of a particular prohibited group in Section 6 above which are given in parentheses. They are examples only and shall not be construed as limiting the generality of the group.

8.  Notwithstanding section 6 above, no person shall keep a prohibited animal within the municipal boundaries of Haldimand County except in the following places or circumstances:

a)  in a veterinary hospital under the care of a licensed veterinarian,

b)  in a public pound; or

c)  by an Animal Control service of or contracted by Haldimand County, or

d)  in an escape-proof enclosure, the case of any non-venomous snakes, non-venomous lizards, insect, spider or squamata permitted under this by-law; or

e)  when kept on any one (1) premise owned or occupied by them not more than five (5) non-venomous snakes, non-venomous lizards or spiders in a residential area.

f)  in a suitable enclosure, the case of any lagomorph, marsupial or rodent permitted under this by-law; or

g)  a provincially authorized wildlife custodian may keep an animal prohibited under this by-law in accordance with the authorization.

h)  nothing in this section shall restrict an owner from keeping more than the maximum number of snakes, lizards or spiders until the snakes, lizards or spiders have died or are otherwise disposed of and the numbers of snakes, lizards or spiders  have reduced to the point where the owner comes into compliance with this section, provided that the owner:

i)  has kept the snakes, lizards or spiders on the premise in a residential area owned or occupied by them on or before August 9, 2010.

9.  Any person who, on the date of the passage of this by-law was lawfully keeping a prohibited animal at their place of residence or as part of their business allowing that animal to be  shown or displayed, may keep that animal until the animal has died or has otherwise been disposed of, but only if:

a)  the animal has been registered with the poundkeeper by December 31, 2013;

b)  the animal remains securely at the owners place of residence, except for necessary visits to the veterinarian’s office;

c)  the animal is not shown to, or displayed to the public at their place of residence;

VI. Animal Care

13.  Every owner who keeps an animal in the County shall provide the animal or cause it to be provided with such food, water, exercise, appropriate shelter and veterinary care as may be required from time to time to keep the animal in good health.

14.  Every owner who keeps an animal in the County shall ensure that the animal is provided with a clean and sanitary environment conducive to good health. Conditions may be considered unsanitary, but not limited to, where the keeping of an animal results in an accumulation of fecal matter, an excessive odour, insect infestation or rodent attractants which may endanger the health of the animal or any person, or which may disturb or is likely to disturb the enjoyment, comfort or convenience of any person in or about any dwelling, office, hospital or commercial establishment.

15.  Every owner who keeps an animal shall ensure that waste material and excrement is handled and disposed of in a sanitary manner.

VII. Kennel Care

27.  In addition to the requirements of Part VI – Animal Care, the owner of every kennel for dogs shall ensure that:

1. 1. all dogs are adequately fenced or caged to prevent their running-at-large;
   2. no dog is kept in a cage of inadequate size;
   3. all dogs are fed and watered regularly and kept in  a clean,  healthy condition free  from vermin and disease;
   4. all droppings, soiled beddings and the like from which odour might arise are removed not less often than weekly during the period from November 1st of one (1) year and March 31st of the following year and daily during the remainder of the year;
   5. the kennel does not, considering the proximity to a residentially used property,  become a nuisance by reason of odour, noise from barking or otherwise, and
   6. the perimeter of the dog run shall be enclosed by a fence, having a minimum height of 2 meters, and shall be of closed board construction so as to act as a visual barrier or other natural visual barrier or construction approved by the poundkeeper around the dog run or of closed construction if the dog run has or may become a nuisance by reason of noise from barking or otherwise. The fence of a dog run of a licensed kennel owner existing before this by-law came into effect complies with his section, provided that the dog run does not become a nuisance as indicated within this subsection.

IX. Licensing

Licensing of Dogs and Kennels

33.  Every owner of a dog (16) weeks of age and older or dangerous dog shall obtain a current, valid licence for the dog within ten (10) days following the date a dog comes into his or her possession by making an application in the form provided by the poundkeeper.

34.  Every owner of a kennel shall obtain and maintain a current, valid licence in order to operate a kennel in the County by making an application in the form provided by the poundkeeper.

35.  The owner of a dog or an owner of a kennel applying for a licence shall submit to the poundkeeper a properly completed application together with the applicable licence fee. The application shall include the following, as applicable:

1. 1. the name, address and telephone number of the owner;
   2. the name, breed, colour and sex of the dog;
   3. the address of the premises where the dog is to be kept in the County;
   4. the date of the dogs most  recent rabies vaccination indicating that the immunization  is current as determined by a qualified veterinarian;
   5. proof that the dog has been neutered or spayed;
   6. if applicable, the details of the dog’s microchip identification;
   7. if the dog is a pit bull, proof satisfactory to the poundkeeper that it is a restricted pit bull;
   8. whether the dog is attack-trained or for a security service;
   9. the names, addresses and telephone numbers of no more than three (3) alternate persons who may be contacted in the case of the dog being impounded;
   10. whether the dog is dangerous;
   11. whether the dog is within a kennel;
   12. if the application is for a kennel, the maximum number of dogs at the kennel,  excluding those dogs sixteen (16) weeks of age or under;
   13. if the application is for a new kennel, a detailed drawing of the premises showing the location of the kennel in relation to the dwelling unit, neighbouring dwelling, dog runs, fencing, and other buildings on the premises;
   14. written permission from the registered owner of the lands where the  kennel  is  located, if the applicant is not the owner of the lands, confirming that such registered owner permits the kennel use;
   15. such additional information as may be required by the Poundkeeper; and
   16. the applicable fee as set out in the User Fees and Service Charges By-law.

36.  Every owner of a dog sixteen (16) weeks of age or over shall ensure that the dog is duly immunized against rabies and that the immunization is current as determined by the owner’s veterinarian who is a registered member of the Ontario Veterinary Association.

37.  The poundkeeper shall not issue a license to an owner unless a valid and current rabies certificate from a veterinary surgeon registered as a member of the Ontario Veterinary Association under the Veterinarians Act is produced when a license is purchased.  Prescribed times, as set out by such authority shall be considered from the date a certificate is issued by the veterinary surgeon or unless proof of a valid and current rabies immunization is provided in the form of a sworn declaration by the owner.

38.  Failure to produce or provide a rabies certificate or sworn declaration shall constitute an offence under the provisions of this by-law and in addition to any other penalty or remedial action provided herein, the poundkeeper shall report the failure to provide such a certificate forthwith to the Health Authority responsible for that area.

39.  Upon payment of the licence fee as set out in the User Fees and Service Charges By-law and satisfaction of any other applicable requirements under this by-law, an identification tag or kennel license shall be provided, which is valid for the calendar year in which the tag was issued.

40.  An application for a licence for a prohibited pit bull shall not be processed and shall be returned to the applicant.

41.  Despite Sections 33 and 34, no licence shall be required under this by-law for:

1. 1. a dog which has not been weaned and which is under the age of sixteen (16) weeks; or
   2. a dog which is temporarily kept at a kennel, if the dog, when not being kept at the kennel, is kept at premises located outside of the County.

42.  Every owner of a dog shall notify the Poundkeeper within ten (10) days and every owner of a dangerous dog shall notify the Poundkeeper immediately, of any change in:

1. 1. the name, address or telephone number of the owner of the dog,
   2. the address of the premises where the dog is being kept by a new owner, or
   3. the ownership of the dog.

43.  The poundkeeper may revoke any licence issued in error.

44.  No licence issued to any owner under this by-law is transferable.

45.  A licence issued under this by-law shall expire on December 31st of each year.

Licence Fee

46.  The poundkeeper shall ensure that annual licenses for any year shall be available to the public as of November 1st of the previous year, and, every owner shall procure the required licence on or before January 1st of the year to which the licence relates.

47.  No licence issued under this by-law shall be valid unless the applicable licence fee has been paid in full as follows:

1. 1. Any person who acquires a dog after November 1st in any year need only procure a licence for each subsequent year, as set out in the User Fees and Service Charges By-law.
   2. Where an owner has acquired a dog after January 1st and prior to November 1st, he/she shall pay the applicable fee for licenses purchased prior to January 1st, as set out in the User Fees and Service Charges By-law.

48.  Every dog and kennel licence issued by the poundkeeper shall expire on December 31st of the year for which it is issued and shall be renewable yearly.

49.  Every owner of a licensed dog or kennel shall ensure that they renew the licence before it expires, on December 31st of each year.

50.  In the event the owner of a licensed dog fails to renew the licence before it expires, the owner shall pay, in addition to the applicable licence fee, the applicable late payment fee as set out in the User Fees and Service Charges By-law.

51.  Every owner of a licensed dog by way of payment of the licence fee to renew the licence, acknowledges that the information provided on the original application has not changed.

52.  Despite any other provision under this by-law, no owner, upon providing proof satisfactory to the poundkeeper, shall pay a fee for a licence issued for a dog that is:

1. 1. a police animal, or
   2. a service animal.

Identification Tag

53.  Where a dog or kennel licence is issued under this by-law, the owner of the dog shall be given a kennel licence number and an identification tag for each dog.

54.  Upon providing the poundkeeper with satisfactory evidence that a dog is being used as a police animal or service animal, an identification tag may be issued to the owner at no charge.

55.  Identification tags shall be sequentially numbered and shall state the year for which they are issued. The poundkeeper shall keep a record of each identification tag issued, and such record shall contain the name, address and telephone number of the owner of the dog, other pertinent information regarding the dog, and the serial number of the identification tag issued.

56.  Every owner shall ensure that the identification tag corresponding to the licence issued for their dog is attached to the dog at all times. The above does not apply to an owner of a dog where such dog is actively participating in a sanctioned dog show, provided that the dog can be identified by another means such as a tattoo or microchip and such identification has been supplied to the Poundkeeper.

57.  Where a dog has been identified, an application is received and a license has been issued for a dangerous dog or attack dog, in addition to the identification tag issued in Section 55 the poundkeeper shall provide the owner with an identification tag of a distinct colour differentiating them from other dogs.

58.  In addition to Section 56, every owner shall ensure that the identification tag of a distinct colour noted in Section 57 is attached to the dog at all times.

59.  Despite Sections 56 and 58, the identification tag may be removed while the dog is being lawfully used for hunting in the bush. Where a dog is being lawfully used for hunting in the bush and its identification tag has been removed, the individual in control of the dog must have the identification tag on his or her person at all times.

60.  No person shall attach an identification tag to a dog for which the corresponding licence was not issued.

61.  Every owner of a dog shall ensure that a lost, damaged or destroyed identification tag is replaced immediately.

X. Number of Animals

Dog(s) and Cat(s) – Residential Area

65.  No owner shall keep or permit to be kept on any one (1)  premise owned or occupied by them more than three (3) dogs in a residential area.

66.  No owner shall keep or permit to be kept on any one (1)  premise owned or occupied by them more than six (6) cats in a residential area.

67.  For the purposes of Sections 65 and 66, an owner shall be deemed to be keeping more than three (3) dogs or six (6) cats in a residential area if more than three (3) dogs or six (6) cats, are kept at any one (1) premise, regardless of the ownership of the dogs and cats.

68.  Notwithstanding Sections 65 and 66, any owner may:

1. 1. keep a fourth (4th) dog on any one (1) premise where: 

      1. such dog is part of a Foster Program or Service Animal operated by or registered with the O.S.P.C.A. or Humane Society, or
      2. where the Manager of Building and Municipal Enforcement Services grants an exemption allowing a person to keep four (4) dogs.

   2. keep an additional three (3) cats provided that:

      1. the owner is a member of a recognized cat rescue organization, and
      2. all cats are kept inside a separate detached dwelling unit at all times, and
      3. the owner permits the inspection of the inside of the separate detached dwelling unit by the Poundkeeper, an Animal Control Officer, or Municipal Law Enforcement Officer for the purposes of ensuring the good health and care of the cats.

[68.a. - As amended by By-law 2512-24]

Dog(s) and Cat(s) – All Other Areas

69.  On all premises, other than those premises provided for in Section 65 or those premises of a licensed kennel, no owner shall keep or permit to be kept on any one (1) premise owned or occupied by them more than five (5) dogs.

70.  For the purposes of Section 69, an owner shall be deemed to be keeping more than five (5) dogs at any one premise, regardless of the ownership of the dog(s).

73.1  Notwithstanding Section 73 a) the Manager of Building and Municipal Enforcement Services may grant an exemption allowing a person to keep six (6) dogs in any one (1) premise for compassionate reasons, only when:

1. The sixth (6th) dog has been acquired as a result of a family death or illness;
2. There is a joint occupancy where occupants had their own pets prior to deciding to live together; or
3. In the opinion of the Manager of Building and Municipal Enforcement Services, there are other compassionate reasons conducive to responsible dog ownership,

provided the Manager of Building and Municipal Enforcement Services believes the dogs will be kept in accordance with other provisions of this By-law and will not cause a nuisance to neighbours or other residents.

73.2  In order to provide an exemption referred to in section 73.1, there must be a legitimate fact giving the person a moral or ethical responsibility regarding an additional dog, and the exemption shall not be granted because a person wishes to own more than five (5) dogs or is able to provide a suitable home to a dog in need.

73.3  In making the decision to grant an exemption set out in Section 73.1, the Manager of Building and Municipal Enforcement Services may consider all reasonable factors, including:

1. 1. previous conviction or founded complaints under this or a previous County By-law respecting dogs;
   2. previous convictions under other municipalities’ by-laws or provincial legislation respecting dogs;
   3. the size and breed of the dogs;
   4. reasonable concerns of neighbours in the area; and
   5. the suitability of the premises.

73.4  Any exemption granted pursuant to Section 73.1 will be of limited duration until one (1) of the six (6) dogs dies or is no longer owned by the person(s) holding the exemption. Any exemption is subject to revocation by the Manager of Building and Municipal Enforcement Services at any time due to concerns related to any of the factors outlined in Section 73.3.

73.5  Prior to allowing a sixth (6th) dog on any one (1) premise or a decision revoking a previously granted exemption allowing a sixth (6th) dog for compassionate reasons:

XVII. Impounded Anmals

88.  Where an Animal Control Officer, Municipal Law Enforcement Officer, Police Officer or any person acting under his/her authority captures or impounds an animal running-at-large the Animal Control Officer may in his/her discretion:

1. 1. deliver the animal to the poundkeeper;
   2. release the animal to its owner; or
   3. if the animal is diseased or injured, destroy the animal.

89.  The poundkeeper shall keep a record of every animal impounded, including:

1. 1. the date it was impounded,
   2. a description of the animal,
   3. if applicable, the particulars of the identification tag for the animal,
   4. the date of disposition, and
   5. the disposition made with respect to the animal.

90.  Where an animal is impounded for running-at-large, the owner of the animal shall pay to the poundkeeper reimbursement of its expenses with respect to the animal including:

1. 1. the redemption fees for the animal being at large and impounded, fixed at the amount listed in the User Fees and Service Charges By-law.
   2. any additional costs incurred by the County as a result of impounding an animal that required the County to contract the services of a specialized animal handler,
   3. any veterinarian fees or charges incurred with respect to the animal, and
   4. costs incurred under Section 96 for having the animal spayed, neutered or implanted with a microchip.

91.  No owner shall retrieve an impounded animal from the poundkeeper without payment of the expenses in full referred to in Section 90.

92.  Every owner shall retrieve the impounded animal from the poundkeeper within ninety-six (96) hours or four (4) days of the day on which the animal was impounded,  excluding the day of impounding and any statutory holidays.

93.  Where a dog is claimed from the poundkeeper, an owner shall:

1. 1. provide proof of current licence, or
   2. obtain a current licence before the dog is released, and
   3. pay the applicable impound fees prescribed for in the User Fees and  Service  Charges By-law and any other damages, fines and expenses according to law.

94.  Where an animal is not claimed by its owner in accordance with Section 92 the animal may be sold forthwith or disposed of or destroyed in a humane manner.

95.  Notwithstanding Sections 92 and 94, where an animal bears identification, microchip or identification tag in accordance with this by-law, the poundkeeper shall make at least one attempt to contact the owner in accordance with the information provided prior to selling or otherwise disposing of the animal.

96.  Upon becoming entitled to sell or dispose of an animal, the poundkeeper may, in its discretion, arrange to have the animal spayed or neutered and/or identified by means of a microchip and the cost of these services shall be added to the costs recoverable from the owner pursuant to Section 90(d).

97.  The owner of a dog that has been impounded may, upon application to the poundkeeper, claim the dog before the poundkeeper is entitled to dispose of the dog, according to the provisions of this by-law.

98.  Where a dog has been impounded and it has been alleged that the dog has bitten or attacked a person or domestic animal and proceedings have been commenced against the owner of the dog under the Dog Owners’ Liability Act, the poundkeeper will hold the dog until the matter has been finally disposed of and will release the dog only in such manner and to such person as will ensure that the decision, if any, with respect to such matters will be complied with. Where the final disposition results in a court order under the  Dog  Owners’ Liability Act, the owner of the dog shall pay the costs set out in this by-law for the time for which the dog has been impounded regardless of whether or not the dog is released to the owner.

XVIII. Biting Dog

104.  No owner shall permit or allow his or her dog to bite or attack a person or domestic animal.

105.  Every owner shall comply with an order issued under Section 106.

106.  Where the poundkeeper, Animal Control Officer or Municipal Law Enforcement Officer has reason to believe that a dog has bitten or attacked a person or domestic animal, the poundkeeper, Animal Control Officer or Municipal Law Enforcement Officer may issue and serve an Order upon the owner, requiring the owner to:

1. 1. Leash and muzzle the dog at all times when off the owner's premises. The leash  shall not exceed one (1) meter in length and the muzzle will not cause injury to the  dog or interfere with its vision or respiration; and/or
   2. At all times while the dog is on the owner's premises owned or controlled by such person, keep the dog securely confined either indoors or in an enclosed pen or other structure of minimum size of two (2) metres by four (4) metres capable of preventing the entry of children and other  animals and adequately constructed to prevent the  dog from escaping; and/or
   3. Allow a poundkeeper, Animal Control Officer, Municipal Law Enforcement Officer or Police Officer to inspect the pen required in Subsection 106(b) or other structure or to make whatever inquiry is deemed necessary to ensure compliance with this notice.
   4. Conspicuously display a sign on the property where the dog is kept that states there   is a dangerous dog on the property; and/or
   5. Confine the dog so to allow lawful entry onto the premises of the dog owner without the fear of attack by the dog; and/or
   6. Further restrain the dog by whatever means is deemed appropriate and reasonable by the Animal Control Officer.

107.  Upon service of the Muzzle Order referred to in Section 106 to this by-law, the owner shall immediately muzzle the dog in accordance with the Muzzle Order.

108.  The Muzzle Order referred to in Section 106 shall include:

1. 1. a statement that the poundkeeper, Animal Control Officer, Municipal Law  Enforcement Officer or Police Officer has reason to believe that the owner’s dog has bitten or attacked a person or domestic animal;
   2. a requirement that the owner muzzle the dog;
   3. a statement that the owner may request and is entitled to appeal the order of the Poundkeeper, Animal Control Officer, Municipal Law Enforcement Officer or Police Officer to muzzle the dog to the Appeal Committee;
   4. the deadline for filing any such appeal; and
   5. the fee required to be paid to appeal the order in accordance with the User Fees and Service Charges By-law.

109.  An Owner may appeal the Muzzle Order of the poundkeeper, Animal Control Officer or Municipal Law Enforcement Officer or as otherwise required by the by-law to the Appeal Committee. A request by the Owner for an appeal hearing shall be made in writing and delivered to the County Clerk within fifteen (15) days of service of the  Muzzle  Order referred to in Section 107. A Muzzle Order that is not appealed within fifteen (15)  days shall be deemed to be confirmed.

110.  The Appeal Committee shall, if requested by the owner in accordance with Section 109, Section 129 or Section 146, of this By-law, hold an appeal hearing to determine whether the owner should be issued a licence, whether the dog has bitten or attacked a person or a domestic animal and whether or not such dog shall be exempted from the  Muzzle  Order, the Muzzle Order shall be modified in some manner, and/or conditions be imposed in addition to the Muzzle Order.

111.  At least seven (7) days prior to holding the hearing referred to in Section 110, the Appeal Committee shall cause a notice of hearing to be served on the owner who has requested the hearing.

112.  The notice of hearing shall include:

1. 1. a statement of the facts which lead the poundkeeper, Animal Control  Officer, Municipal Law Enforcement Officer or Police Officer to believe that the owner’s dog has bitten or attacked a person or animal, along with a copy of any evidence;
   2. a statement of the facts which lead the poundkeeper to refuse to issue, suspend or revoke a license;
   3. a statement setting out the time and place at which the Appeal Committee will hold  the appeal hearing; and
   4. a statement that if the owner does not attend the hearing, the Appeal Committee will proceed with the hearing in the absence of the owner and the owner will not be entitled to any further notice of the proceedings.

113.  Notwithstanding that an owner has appealed the Muzzle Order; this does not stay the order requiring the muzzling of the dog.

114.  The Appeal Committee shall have regard to the following matters  where relevant,  as may  be raised at a hearing:

1. 1. This by-law, the Dog Owner’s Liability Act and any other applicable law;
   2. the dog's past and/or present temperament and behaviour;
   3. the seriousness of the injuries caused by the bite(s) or attack;
   4. unusual contributing circumstances or mitigating factor(s) tending to justify the dog's action;
   5. the likelihood that a similar attack will be repeated;
   6. the dog's physical potential for inflicting harm;
   7. precautions taken by the owner to preclude similar attacks in the future;
   8. the seriousness of convictions under this by-law; and
   9. the steps taken by the owner to comply with the by-law and avoid further violations.

115.  At the time and place set forth in the notice referred to in Section 112, the owner and any other interested party, including the poundkeeper, Animal Control Officer, Municipal Law Enforcement Officer or Police Officer, shall present any relevant evidence and the Appeal Committee shall consider the matters listed in Section 114, and all of the evidence and shall make a decision:

1. 1. that the dog has bitten or attacked a person or animal or has not bitten or attacked a person or domestic animal;
   2. to order the dog to be muzzled;
   3. to modify a muzzle order in some  manner;
   4. to quash an order to muzzle a dog;  and/or
   5. to impose conditions in addition to any license or muzzle order, and/or
   6. to deny or suspend a license.

116.  Notice of the Appeal Committee’s decision shall be served on the Owner, poundkeeper, Animal Control Officer, Municipal Law Enforcement Officer or Police Officer, and the decision shall be final and binding on the owner and shall supersede that of the poundkeeper, Animal Control Officer, Municipal Law Enforcement Officer or Police Officer.

117.  Nothing in this by-law, nor any decision of the Appeal Committee shall preclude the court or other tribunal of competent jurisdiction from imposing a Muzzle Order or other similar Order under any other applicable Regulation. The Muzzle Order shall terminate when the court or other tribunal of competent jurisdiction makes a decision respecting the Muzzle Order.

XIX. Dangerous Dog

121.  The poundkeeper, Manager, Building Controls & By-law Enforcement or his/her designate, Animal Control Officer or Municipal Law Enforcement Officer shall have the authority to designate a dog as a dangerous dog, make whatever inquiry is deemed necessary to determine if a dog is a dangerous dog and are to take into consideration any mitigating factor.

122.  Every person who owns or keeps a dangerous dog shall, pursuant to section 33, procure a dangerous dog licence in accordance with the fees set out in the User Fees and Service Charges By-law.

123.  Every person who owns or keeps a dangerous dog shall keep the dangerous dog restrained in accordance with the provisions of this by-law.

124.  Every person who owns or keeps a dangerous dog shall ensure that:

1. 1. such dog is spayed or neutered;
   2. at all times when off the owner's property the dog shall be muzzled;
   3. at all times when off the owner's property, the dog shall be on a leash not longer than one (1) metre and under the control of a responsible person over the age of eighteen (18);
   4. when such dog is on the property of the owner, it shall be either securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the escape of the dangerous dog and capable of preventing the entry of any person not in control of the dog. Such pen or structure must have minimum dimensions of two (2) metres by four (4) metres and must have secure sides and a secure top. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than thirty (30) centimetres deep, (1 foot). The enclosure must also provide protection from the elements for the dog. The pen or structure shall not be within one (1) metre of the property line or within three (3) metres of a neighbouring dwelling unit. Such dog may not be chained as a means of confinement;
   5. a sign is displayed at each entrance to the property and building in which the dog is kept warning in writing, as well as with a symbol, that there is a dangerous dog on the property. This sign shall be visible and legible from the nearest road or thoroughfare;
   6. a policy of liability insurance, satisfactory to the municipality, is in force in the amount of at least one (1) million dollars. This policy shall contain a provision requiring the County and the poundkeeper to be named as an additional insured for the sole purpose of the County and the poundkeeper to be notified by the insurance company of any cancellation, termination or expiration of the policy;
   7. for the purpose of identifying such dog as dangerous, the owner, at his/her expense shall have implanted in such dog a microchip and provide such microchip information to the shelter;
   8. the dog is confined so as to allow lawful entry onto the premises of the dog owner without the fear of attack by said dog;
   9. if said dog is loose, unconfined, attacked, died, sold or given away, the poundkeeper must to be notified immediately and the poundkeeper be provided with the name, address and telephone number of the new owner; and
   10. the dog is further restrained by whatever means deemed appropriate and reasonable by the Animal Control Officer or Municipal Law Enforcement Officer.

XX. Enforcement

132.  This by-law shall be enforced by the poundkeeper, Animal Control Officers, Municipal Law Enforcement Officers or Police Officers.

133.  For the purpose of ensuring compliance with this by-law, the Animal Control Officers, Municipal Law Enforcement Officers, or Police Officers may, at all reasonable times, enter upon and inspect any land to determine whether or not the following are being complied  with:

1. 1. this By-law;
   2. a direction or order made under this by-law; or
   3. a prohibition order made under s. 431 of the Municipal Act, 2001.

134.  Animal Control Officers, Municipal Law Enforcement Officers or Police Officers may, for the purposes of the inspection under Section 133:

1. 1. require the production for inspection of documents or things relevant to  the  inspection;
   2. inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
   3. require information in writing or otherwise as required by the officer from any person concerning a matter related to the inspection; or
   4. alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.

135.  Any cost incurred by the County in exercising its authority to inspect under Subsection 135(d) including but not limited to the cost of any examination, test, sample or photograph necessary for the purposes of the inspection, shall be paid by the owner or occupant of the property where the inspection takes place.

136.  An Animal Control Officer, Municipal Law Enforcement Officer, or Police Officer may undertake an inspection pursuant to an order issued by a provincial judge or justice of the peace under Section 438 of the Municipal Act, 2001 where he or she has been prevented or is likely to be prevented from carrying out an inspection under Sections 133 and 134.

137.  An Animal Control Officer, Municipal Law Enforcement Officer, or Police Officer may make  an Order, sent by prepaid regular mail to the last known address, posted on-site or  personally delivered to an owner, person or occupant requiring the owner, person or occupant within the time specified in the Order to:

1. 1. discontinue the contravening activity, and/or
   2. do work to correct the contravention.

138.  An Order may be served on the owner personally by handing it to the owner, but where the Order cannot be given or served by reason of the owner’s absence from the  owner’s property or by reason of evasion of service, the order may be given or served:

1. 1. by handing it to an apparently adult person on the owner’s property;
   2. by posting it in a conspicuous place upon some part of the owner’s property and by sending a copy by ordinary mail; or
   3. by sending it by prepaid registered mail to the owner at the address where he/she resides.

139.  If an Order is served by registered mail, the service shall be deemed to have been made on the fifth (5th) day after the day of mailing.

140.  An Order under Section 137 shall set out:

1. 1. reasonable particulars of the contravention adequate to  identify  the  contravention and the location of property on which the contravention occurred;
   2. the work to be completed; and
   3. the date(s) by which the work must be complete.