Bylaw bl-2008-0138
THE CORPORATION OF THE TOWN OF GEORGINA
IN THE
REGIONAL MUNICIPALITY OF YORK
BY-LAW NUMBER 2008-0138 (REG-1)
BEING A BY-LAW TO PROVIDE FOR THE CONTROL OF
AGGRESSIVE/DANGEROUS DOGS IN THE TOWN OF GEORGINA
WHEREAS Clause 6 of Section 11(2) of the Municipal
Act 2001, as amended, authorizes a lower tier
municipality to pass by-laws respecting the health,
safety and well-being of persons;
AND WHEREAS Clause 8 of Section 11(2) of the
Municipal Act 2001, as amended, authorizes a lower tier
municipality to pass by-laws respecting the protection
of persons and property;
AND WHEREAS Clause 9 of Section 11(3) of the
Municipal Act 2001, as amended, authorizes a lower tier
municipality to pass by-laws respecting animals.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF
THE TOWN OF GEORGINA ENACTS AS FOLLOWS:
1.0 DEFINITIONS:
In this by-law,
1.1 "aggressive dog" means a dog that
individually or in the accompaniment of
another dog(s) chases or approaches a person
or domestic animal in such a manner that the
person or domestic animal owner has
reasonable grounds to believe that they or
their domestic animal is in imminent danger,
including but not limited to, hostile
behaviour or incident such as growling or
snarling at a person or domestic animal.
1.2 "Aggressive/Dangerous Dog Declaration" means
a signed declaration in the form attached
hereto as Schedule "A", attested to and
completed in its entirety by a witness who
actually saw aggressive or dangerous dog
behaviour or incident.
1.3 "Aggressive/Dangerous Dog Order" means an
order in the form attached hereto as Schedule
"B", designating the dog as aggressive or
dangerous and requiring the dog to be muzzled
and restrained in accordance with this by-
law.
1.4 "Animal Control Supervisor" means a person
appointed as such by the Town or their
designate.
1.5 "Appeal Committee" means a committee
comprised of three (3) persons appointed by
Town Council.
1.6 "at large" means being found, while not under
control by the dog owner, any place other
than the premises of the dog owner.
1.7 "Chief Municipal Law Enforcement Officer"
means a person appointed as such by the Town
or their designate.
1.8 "dangerous dog" means a dog that, either
individually or in the accompaniment of
another dog(s):
(a) has, in the absence of any mitigating
factor, attacked, bitten, or caused
injury to a person; or
(b) has, in the absence of any mitigating
factor, injured a domestic animal; or
(c) having previously been designated as an
"aggressive dog", is kept or permitted
to be kept in violation of the
requirements as set in Section 3.1 of
this by-law.
1.9 "dog owner" means a person who owns,
possesses, harbours or has permanent or
temporary possession of a dog, and where the
owner is a minor, the person responsible for
the custody of the minor.
1.10 "domestic animal" means a horse, dog or any
other animal that is kept under human control
or by habit or training lives in association
with human beings and in compliance with the
by-law regulating and prohibiting the keeping
of animals other than dogs.
1.11 "microchip implant" means an electronic
device implanted under the skin of a dog
whereby the animal can be identified by local
authorities.
1.12 "mitigating factor" means a circumstance that
excuses dangerous behaviour of a dog and,
without limiting the generality of the
foregoing, may include:
(a) aggressive behaviour while acting in
defence of an attack by a person or
domestic animal; or
(b) aggressive behaviour while acting in
defence of its young or reacting to a
person or domestic animal trespassing on
the property of its owner; or
(c) aggressive behaviour resulting from
being teased, provoked or tormented.
1.13 "muzzle" means a humane fastening or covering
device of adequate strength and design,
suitable to the breed of dog, that fits over
the mouth of a dog, that can not be removed
by the dog, so as to prevent the dog from
biting or attacking a person or domestic
animal.
1.14 "police work dog" means a dog trained for and
actually engaged in law enforcement for the
police or other person duly appointed as a
peace officer.
1.15 "property owner" means the person(s)
currently listed as such on the assessment
roll of the town.
1.16 "Town" means the Corporation of the Town of
Georgina.
1.17 "Town Clerk" means a person appointed as such
or their designate.
1.18 "trespassing" means the uninvited, unwelcome
or unauthorized entering onto another
person's property without permission of the
owner or without lawful authority.
2.0 GENERAL PROVISIONS:
2.1 Aggressive or Dangerous Dog Designation
(a) Upon receipt of an Aggressive/Dangerous
Dog Declaration, the Chief Municipal Law
Enforcement Officer, being satisfied
that grounds exist, shall designate the
dog in question as an aggressive or
dangerous dog.
(b) If feasible, within 5 days of receipt of
the aforementioned declaration, the
Chief Municipal Law Enforcement Officer
shall cause personal service and/or the
registered mailing of the
Aggressive/Dangerous Dog Order to the
dog owner. A copy of the Order shall
also be forwarded to the property owner,
if applicable.
(c) Where a dog has been designated as
aggressive or dangerous the dog owner
may request a hearing before the Appeal
Committee as required by Section 105 of
the Municipal Act 2001, as amended. The
hearing request must be in writing and
received by the Chief Municipal Law
Enforcement Officer within 30 days of
issuance of the Aggressive/Dangerous Dog
Order.
(d) Upon receipt of the appeal request and
payment of the required appeal hearing
fee, the Chief Municipal Law Enforcement
Officer shall convene a meeting of the
Appeal Committee and shall give the dog
owner, the property owner,if applicable,
and witness(s) to the aggressive or
dangerous dog incident 7 days written
notice by personal service and/or
registered mail of the date, time and
location of the appeal.
(e) Notwithstanding that a dog owner has
requested an appeal before the Appeal
Committee, Sections 3.1 (a),(b),(c), and
(d)(i) of the Aggressive/Dangerous Dog
By-law remain in effect until the Appeal
Committee has rendered its decision or
the expiration of 30 days from the
issuance date of the Order.
(f) The Appeal Committee shall be governed
by the Statutory Powers Procedure Act as
amended.
(g) The applicant and any other interested
person may appear at the appeal hearing
to present evidence relating to the dog
in question.
(h) If the dog owner fails to attend at the
proper time and place, the Appeal
Committee may proceed with the appeal
hearing in his or her absence and the
applicant shall not be entitled to any
further notice of the proceeding.
(i) The Appeal Committee shall deliberate
the merits of the evidence presented and
shall render a decision at the appeal
hearing or shall reserve the decision to
be presented later, not more than 10
days from the date of the appeal hearing.
(j) The Appeal Committee may confirm the
Aggressive/Dangerous Dog Order or exempt
the dog owner from any or all
restrictions of the Order.
(k) The decision of the Appeal Committee is
final and binding.
(l) A written decision of the Appeal
Committee shall be prepared as soon as
practical following the conclusion of
the appeal hearing and a copy shall be
sent by regular mail to the dog owner,
the property owner, if applicable, and
to the Aggressive/Dangerous Dog
Declaration witness(s) at their last
known address, and also to York Regional
Police, York Region Health Services, the
Animal Control Supervisor, the Chief
Municipal Law Enforcement Officer, Town
Council members,Appeal Committee members
and the Town Clerk.
3.0 GENERAL PROHIBITIONS:
3.1 Designated Aggressive Dog Restrictions
Every owner of an aggressive dog shall:
(a) License the dog annually with the Town
in accordance with the by-law providing
for the licensing of dogs.
(b) Not allow the dog to be at large.
(c) Restrain the dog when off the property
as follows:
(i) fitted with a muzzle as defined;
and
(ii) fitted with a leash, not more than
1.83 metres (6') in length,
properly secured to a collar or
harness, all of which are strong
enough to prevent the dog from
breaking away, and
(iii)controlled by a person not less
than 16 years of age.
(d) Restrain the dog when on the property as
follows:
(i) inside the dog owner's dwelling; or
(ii) within a yard that is entirely
enclosed by a fence not less than
1.83 metres (6') high equipped with
a lockable self closing, self
latching gate that can not be
opened from the outside by a child
less than 10 years of age and
constructed so as to prevent the
dog from escaping.
(e) Infix the dog with a microchip implant.
(f) Sterilize the dog before the age of 6
months or within 30 days of the dog
being designated as aggressive. The dog
owner shall provide proof of
sterilization immediately upon request
of the Chief Municipal Law Enforcement
Officer.
(g) Display "Beware of Dog(s)" warning
signs, in a conspicuous place, at all
entrances to the property indicating the
presence of an aggressive dog.
(h) Comply with the terms of the
Aggressive/Dangerous Dog Order as
amended.
3.2 Designated Dangerous Dog Restrictions
Every owner of a dangerous dog shall:
(a) Comply with all restrictions as noted in
Section 3.1 of this by-law.
(b) In addition to the yard fencing
requirements noted in Section
3.1(d)(ii), keep the Dangerous Dog
fitted with a muzzle, as defined, at all
times when not secured within the dog
owner's dwelling.
(c) Produce proof of liability insurance
coverage in the amount of not less than
$25,000, to the Chief Municipal Law
Enforcement Officer, for any injuries to
a person or domestic animal caused by
the Dangerous Dog.
(d) Surrender the Dangerous Dog to the Town
animal shelter for humane euthanasia
when the dog owner is unable or
unwilling to meet the requirements of
this by-law.
4.0 EXEMPTIONS:
4.1 This by-law shall not apply to a police work
dog.
5.0 ENFORCEMENT:
5.1 The provisions of this by-law shall be
enforced by a Municipal Law Enforcement
Officer.
5.2 In accordance with Section 436 of the
Municipal Act 2001, as amended, a Municipal
Law Enforcement Officer may enter property to
determine if the terms of this by-law are
being met.
6.0 PENALTIES:
6.1 Every person who contravenes any of the
provisions of this by-law, upon conviction,
is guilty of an offence and is liable to a
fine pursuant to the Provincial Offences Act,
as amended.
7.0 REPEALS:
7.1 By-law 2007-0102 (REG-1) is hereby repealed.
READ a first, second and third time and
passed on this 15th day of December, 2008.
________________________________
Robert Grossi, Mayor
________________________________
Roland Chenier, Town Clerk
Schedule "A" to By-law 2008-0138 (REG-1)
AGGRESSIVE/DANGEROUS DOG DECLARATION
Dog Owner
Name:
________________________________________________________________
Address:
________________________________________________________________
Description of Dog
Name of dog:____________________________ Dog tag no.___________
Breed of dog:
________________________________________________________________
Dog colour/description:
________________________________________________________________
Rabies tag no.__________________Microchip implant no.___________
Incident Details
Address:
________________________________________________________________
Location on property:
________________________________________________________________
-or-
Location on street:
________________________________________________________________
Details of incident:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Date of incident: ______________ Time of incident:_________am/pm
Name of witness: _______________________________________________
print name of actual witness to the incident
Phone:________________
Address of witness:
________________________________________________________________
________________________________________________________________
Signature of Witness
________________________________________________________________
Signature of Chief Municipal Law Enforcement Officer or
Designate
Schedule "B" to By-law No. 2008-0138 (REG-1)
AGGRESSIVE/DANGEROUS DOG ORDER
To:
Address:
Description of dog
Name:
Breed:
Colour/Description:
Dog tag no. Rabies tag no. Microchip implant no.
The corporation of the Town of Georgina is in receipt of a
Declaration duly executed by the Chief Municipal Law Enforcement
Officer pursuant to Section 2.1 (a) of By-law No. 2008-0138 (REG-
1), stating that the dog described above, on the day of
, 20 , did
In accordance with Section 2.1 of By-law No. 2008-0138 (REG-1)
the dog described above is hereby declared as Aggressive
Dangerous
As such, in accordance with Section 3.1 of By-law No. 2008-0138
(REG-1), you are hereby ordered to:
(a) License the dog annually with the Town in accordance with
the by-law providing for the licensing of dogs.
(b) Not allow the dog to be at large.
(c) Restrain the dog when off the property as follows:
(i) fitted with a muzzle as defined, and
(ii) fitted with a leash, not more than 1.83 metres (6') in
length, properly secured to a collar or harness, all
of which are strong enough to prevent the dog from
breaking away, and
(iii)controlled by a person not less than 16 years of age.
(d) Restrain the dog when on the property as follows:
(i) inside the dog owner's dwelling; or
(ii) within a yard that is entirely enclosed by a fence not
less than 1.83 metres (6') high equipped with a
lockable self closing, self latching gate that can not
be opened from the outside by a child less than 10
years of age and constructed so as to prevent the dog
from escaping.
(e) Infix the dog with a microchip implant.
(f) Sterilize the dog before the age of 6 months or within 30
days of being designated as aggressive. The dog owner shall
provide proof of sterilization immediately upon request of
the Chief Municipal Law Enforcement Officer.
(g) Display "Beware of Dog" warning signs, in a conspicuous
place, at all entrances to the property indicating the
presence of an aggressive dog.
(h) Comply with the terms of the Aggressive/Dangerous Dog Order
as amended.
Furthermore, if your dog has been declared Dangerous, in
accordance with Section 3.2 of By-law 2008-0138 (REG-1), you are
also hereby ordered to:
(a) Comply with all restrictions as noted in Section 3.1 of By-
law No. 2008-0138 (REG-1).
(b) In addition to the yard fencing requirements noted in
Section 3.1(d)(ii), keep the Dangerous Dog fitted with a
muzzle, as defined, when not secured within the dog owner's
dwelling.
(c) Produce proof of liability insurance in the amount of not
less than $25,000, to the Chief Municipal Law Enforcement
Officer, for any injuries to a person or domestic animal
caused by the Dangerous Dog.
(d) Surrender the Dangerous Dog to the Town animal shelter for
humane euthanasia when the owner is unable or unwilling to
meet the requirements of this by-law.
Request for a hearing before the Appeal Committee
In accordance with Section 2.1(c) of By-law No. 2008-0138 (REG-
1), you may request a hearing before the Appeal Committee by
submitting a written request, but such request must be received
by the Town within 30 days of the date of this order. A cheque or
money order in the amount of $100.00 made payable to the "Town of
Georgina" must accompany the appeal request. The appeal request
must be addressed to the Town of Georgina, attention to the Chief
Municipal Law Enforcement Officer, 26557 Civic Centre Road,
Keswick, ON, L4P 3G1.
Take notice that, notwithstanding that a dog owner has requested
an appeal before the Appeal Committee, Sections 3.1 (a), (b),
(c), and (d)(i) of the Aggressive/Dangerous Dog By-law remain in
effect until the Appeal Committee has rendered its decision or
the expiration of 30 days from the issuance date of this Order.
This Order is duly served in accordance with Section 2.1(b) of By-
law No. 2008-0138 (REG-1) on this day of ,
20 .
____________________________________________________
Chief Municipal Law Enforcement Officer or Designate