Animal Care and Control By-Law

Section 1: General provisions

1.1 Short title

1.1.1 This By-Law shall be known as the "Animal Care and Control By-Law".

1.2 Definitions

1.2.1 In this By-Law:

''Animal" means any bird, reptile, amphibian or mammal excluding humans and Wild Animals;

''Animal Control Services" means the animal control provider serving Norfolk County from time to time, that operates a Recognized Animal Shelter or Pound and that may be referred to hereinafter as the "ACS";

''At Large" means an Animal not under the control of an Individual by means of a Leash and is actually upon real property other than;

• The real property in respect of which the Owner has the right of occupation, or
• upon any County real property which has been designated as an off-leash area;

"Attack" means physical contact by an Animal that results in injury to an Individual or damage to the property of any Person, including but not limited to, bleeding, bone breakage, a sprain, a scratch, bruising or damage to clothing worn by an Individual, other than accidental contact, and "attacked" or "attacking" have a corresponding meaning;

"Backyard Hen" means a domesticated biological female chicken that is a minimum of four (4) months old and is not located on a Farm;

"Bite" means a wound or wounds, caused by teeth, to the skin of an Individual or an Animal that causes the skin to bruise, puncture or break;

"Cat" means a male or female member of the feline family;

"County" means the municipal corporation known as The Corporation of Norfolk County and/or the geographic area of Norfolk County, as the context requires;

"Clerk" means the Clerk of The Corporation of Norfolk County;

"Committee" means the By-Law Appeals Committee;

"Council" means the Council of The Corporation of Norfolk County;

"Dangerous Animal" means any Animal, regardless of age, whether on public or private property, which has

• Attacked, injured or bitten or caused injury to an Individual or Animal,
• has damaged or destroyed any public or private property, or
• has threatened or created the reasonable apprehension of a threat to an Individual or Animal, and
• includes any Animal which has previously been declared vicious or dangerous in any jurisdiction;

"Dangerous Dog" means a Dangerous Animal;

"Dog Park" means an area in a park that has been designated by the County as a park in which Dogs, subject to the rules and regulations set out in this By-Law, are permitted to run off-leash;

"Dog" means a male or female member of the canine family;

"Domestic Animal" means any tamed or domesticated Animal which lives in close association with humans as a Pet or work Animal;

"Dwelling Unit" means a building, room or rooms occupied or intended for use as a housekeeping unit in which sanitary, cooking, living and sleeping facilities exist;

"Exotic Animal" means a rare or unusual Animal which is generally thought of as a wild species not typically kept as a Pet;

"Farm" means the use of land, building or structure for agricultural purposes, such as, without limitation, the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry and maple syrup production, but does not include Cannabis Production and Processing.

"Hen Coop" means a fully enclosed weatherproof and tamperproof building where Backyard Hen(s) are kept and which the interior includes nest boxes for egg laying, perches for the Backyard Hen(s) and food and water containers;

"Hen enclosure" means both a hen run and hen coup;

"Hen Run" means a secure enclosure that allows Backyard Hen(s) access to the outdoors;

"Individual" means a single human being as distinct from a group;

"Keep" means to have temporary or permanent control or possession of an Animal, and the words "kept" or "keeping" have a corresponding meaning;

"Kennel" means any Premises, cages, or pens, excluding Recognized Animal Shelters, Pet Shops and grooming establishments, where four (4) or more Dogs are lodged, treated, bred, kept or boarded. A Kennel may be classified as one or more of the following:

• "Breeding Kennel' is a Kennel where the primary purpose of the facility is for the breeding of Dogs of the same breed;
• "Commercial Kennel' is a Kennel where the primary purpose of the facility is for the boarding of Dogs for hire or gain;
• "Hobby Kennel' is a Kennel where the primary purpose of the facility is for the Keeping of Dogs for personal use, hunting or show, kept for the purpose of training and where there is no boarding and no revenue derived from the Kennel;

"Kennel Club" means an organization for canine affairs that concerns itself with the breeding, showing and promotion of one or more breed of Dog;

"Leash" means a restraint consisting of a rope, light chain, or other material held by an Individual and used to restrain an Animal;

"Livestock" means any domestic or farm Animal, including, but not limited to, poultry, cattle, swine, horses, mink or other furbearing Animals, rabbits, sheep, goats and other types of Animal(s) listed by the Agricultural Code of Practice of the Ontario Ministry of Agriculture, Food and Rural Affairs, but excludes Backyard Hens; 

"Medical Officer of Health" means the Medical Officer of Health for the County or authorized assistants or persons acting under his or her authority;

"Motor Vehicle" means a Motor Vehicle as defined in the Highway Traffic Act R.S.O. 1990, c. HB, as amended;

"Muzzle" means a humane fastening or covering device of adequate strength placed over the mouth of an Animal to prevent it from biting an Individual or Animal, and the words "muzzled" and "muzzling" have a corresponding meaning;

"Muzzle Order" means an order issued by an Officer or a court to an Owner concerning his or her Dangerous Dog;

"Normal Farm Practice" means a practice that,

• is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances, or
• makes use of innovative technology in a manner consistent with proper advanced farm management practices.

"Officer" means an Individual duly appointed by Council as a Municipal Law Enforcement Officer and/or as an Animal Control Officer, including agents and inspectors designated as such under the OSPCA Act, and it also means all other enforcement Officers as may be appointed by the Government of Canada, the Province of Ontario or the County and includes Police;

"Official Sign(s)" means a sign or signs authorized by the County;

"Off-Leash Area" means a Dog Park as designated by the County;

"OSPCA" means the Ontario Society for the Prevention of Cruelty to Animals as constituted under the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, Chapter 0.36, as amended (the "OSPCA Act");

"Owner" Owner means any Person who possesses or harbours an Animal or Backyard Hens, and where the Owner is a minor Individual, it includes the Individual responsible for the custody of the minor, and includes a Person who has possession or custody of the Animal or Backyard Hens, either temporarily or permanently, and the word "owns" has a corresponding meaning; 

"Person" includes any Individual, corporation, partnership, whether limited or general in nature, association or any other entity recognized in law for the purposes of the administration and enforcement of this By-Law;

"Pet" means any domesticated or tamed Animal that is kept as a companion or for protection and cared for affectionately;

"Pet Shop" means a shop or place where Animals are sold or kept for sale for use as Pets;

"Petting Zoo" means a collection of Animals that children may pet and feed and that are not Prohibited Animals;

"Police" means the police service providing police services to the County;

"Pound" means the County facility established for the holding of impounded Animals as set out in this By-Law in accordance with the Animals for Research Act, R.S.O. 1990, Chapter A.22, as amended, and may include the Premises of any ACS or another designate;

"Premises" includes land, buildings and any parts thereof;

"Prohibited Animals" means those Animals identified in Schedule B of this By-Law;

"Prohibited Dog" means those Dogs identified in the Dog Owner's Liability Act, 1990, R.S.O. 1990,c.D.16 as amended, including amendments made by the Public Safety Related to Dogs Statute Law Amendment Act, 2005, S.O. 2005,c.2, as amended;

"Recognized Animal Shelter'' means an establishment approved by the County and supported by charitable contributions, that provides a temporary home for Dogs, Cats, and other Animals that are offered for adoption;

"Service Dog" means an Animal trained by a recognized school for service as a guide Dog for the blind or visually impaired, a guide Dog for the deaf or hearing-impaired or a special skills Dog or Animal for disabled persons;

"Shelter" means a structurally sound and sufficient, weatherproof enclosure of dimensions sufficient to protect the full body of the Animal for whose use it is intended from the elements and in which the Animal is able to fully stand up, sit down, turn around and lay down with its limbs fully extended;

"Sterilized" in respect of a Dog or Cat means either spayed or neutered and "sterilization" has a corresponding meaning;

"Tether" means a rope, chain or any restraining device that prevents an Animal from moving away from a localized area and the words "tethered" and "tethering" have a corresponding meaning;

"Veterinary Facility" means a facility in which veterinary medicine is practiced and includes a building, a Kennel and a mobile veterinary clinic which is controlled by a veterinarian for the practice of veterinary medicine;

"Wild Animal" means an untamed or undomesticated Animal that, as a matter of common knowledge, is naturally ferocious, unpredictable, dangerous, mischievous, or not by custom devoted to the service of mankind at the time and in the place in which it is kept but does not include an Exotic Animal;

"Without Provocation", in reference to a Bite or Attack on an Individual or Animal, means the absence of any teasing, tormenting or abusive or unwanted physical or verbal contact by the Individual or Animal who sustained the Bite or Attack.

1.3 Interpretation

1.3.1 The schedules annexed to this By-Law shall form part of this By-Law.

1.3.2 For the purpose of this By-Law, unless the context requires otherwise:

(1) words imparting the singular number shall include the plural and words imparting the masculine gender shall include the feminine and neuter genders as the context may require; and

(2) where a form of words or expression are prescribed in this By-Law, deviations there from not affecting the substance or calculated to mislead do not vitiate them.

Section 2: Care of Animals

2.1 Responsibility to care for animals

2.1.1 Every Person who Keeps an Animal within the County shall provide it or cause it to be provided, at all times with:

(1) a clean and sanitary environment free from the accumulation of waste matter; and

(2) adequate and appropriate:
(a) care;
{b) fresh food;
(c) unfrozen, fresh and clean water;
(d) shelter from the elements;
(e) veterinary medical care when the Animal exhibits signs of pain, discomfort, illness or suffering; and

(3) the opportunity for physical activity sufficient to maintain good health.

2.1.2 Every Person who Keeps an Animal that normally resides outside, or that is kept outside unsupervised for extended periods of time shall, in addition to complying with the requirements set out in article 2.1.1 Keep the Animal within a confined area within the lands that form part of the Premises and ensure that the Animal is provided with, and has complete and unrestricted access to the following:

(1) a Shelter that is constructed to protect the Animal's entire body from the elements, having regard to the Animal's weight and type of coat, and that is raised above the surface of the ground and that has an entrance that faces away from the prevailing wind; and

(2) an area separate and apart from the Shelter for the Animal to use for defecation and urination; and

(3) an area separate and apart from the Shelter that provides the Animal with sufficient shade and protection from direct sunlight at any time of the day; and

(4) an area that is dry and free from standing water.

2.2 Tethers

2.2.1 No Person shall Keep an Animal Tethered unless:

(1) the Tether is a minimum of four (4) metres in length; and

(2) the Animal has unrestricted and unobstructed movement within the range of the Tether; and

(3) the Animal has access to water, food and Shelter; and

(4) the Tether is securely attached to a flat collar or other humane harnessing device and not to a choke collar, choke chain or pronged collar; and

(5) the Animal is Tethered in a way that it will not injure itself.

2.2.2 In no case sh II a Tether permit the Animal to go beyond the limits of the Person's lands that form a part of the Person's Premises.

2.2.3 In no case shall a Person Tether an Animal by tying or affixing a rope, cord, chain or any other restraining device directly around the Animal's neck.

2.3 Keeping animals under sanitary conditions

2.3.1 Every Person who Keeps an Animal within the County shall Keep the Animal, or cause the Animal to be kept on Premises that are free from the accumulation of fecal or other waste matter, foul odour, insect infestation, rodent attractants or any other unsanitary condition that disturbs or is likely to disturb the enjoyment, comfort or convenience of any Person or Animal, or that may endanger the health of any Person or Animal.

2.3.2 Article 2.3.1 does not apply to Livestock kept in accordance with the provisions of subsection 6.6 of this By-Law.

Section 3: Kennels

3.1 Regulations

3.1.1 No Person shall construct, establish, maintain or operate a Kennel in the County unless:

(1) the Kennel is constructed, established, maintained and operated in compliance with the provisions of this By-Law, any other applicable municipal By-Law and any applicable act or regulation including, without restricting the generality of the foregoing, the Zoning By-Law applicable for the Premises, as amended, and any successor thereto, the Health Protection and Promotion Act and Regulations, the Building Code Act and Regulations, the Fire Prevention and Protection Act and Regulations and any other applicable law; and

(2) the Kennel and its surrounding environs is so constructed, established, maintained and operated in a way that prevents escape by any Dog from the Kennel; and

(3) the Owner or operator of the Kennel registers the Kennel with the County . before February 1st of each year and pays the annual Kennel registration fee as set out in the User Fees & Service Charges By-Law; and

(4) the Owner or operator of the Kennel renews the Kennel registration annually before February 1st of each year; and

(5) the Owner or operator of the Kennel ensures that any Dog identification tag, issued as part of the Kennel registration, is displayed on the Dog's collar, and that such collar is affixed to the Dog at all times while the Dog is off the Owners' Premises; and

(6) in the event that such a Dog identification tag issued as part of the Kennel registration is lost, damaged or destroyed, the Owner or operator of the Kennel obtains a replacement identification tag within forty eight (48) hours by paying the fee as set out in User Fees & Service Charges By-Law; and

(7) in the event the Kennel is registered on or after February 1st of any given year, the Owner or operator of the Kennel pays a late registration surcharge at the time of Kennel registration as set out in the User Fees & Service Charges By-Law; and

(8) the Owner or operator of any Kennel complies with the standards for Kennels as set out in Schedule A.

3.1.2 Where an Owner or operator of a Kennel constructs or establishes a Kennel after the 30th day of June, at the time of registration the Owner or operator is not required to pay the late Kennel registration surcharge but shall pay the annual registration fee as set out in the User Fees & Service Charges By-Law.

3.1.3 In order to register a Kennel, the Owner or operator of the Kennel shall submit a completed Kennel License Form provided by the County and where the Kennel is a Breeding Kennel, shall include a registration number from a recognized Kennel Club.

3.1.4 Every owner applying for a Kennel License shall submit the following documentation at time of Kennel registration:

(1) in the case of a Breeding Kennel for pure-bred dogs, proof of active membership in the Canadian Kennel Club or any other Association incorporated under the Animal Pedigree (Canada);

(2) in the case of a Hobby Kennel for hunting dogs, proof of active membership in the Canadian Kennel Club for registered hunting Dogs; or proof of active membership in an Association for the purpose of hunting Dogs training or trailing; or a hunting Dog license for each dog issued by the Ministry of Natural Resources within the previous twelve (12) months;

(3) a site plan drawn to scale showing the location of all buildings or structures on the subject property, including the location of all buildings or structures to be used for Kennel purposes. The site plan must also specify the distance which separates the Kennel buildings, structure, Dog runs and facilities from all property lines and all buildings, including any residential buildings situated on the adjacent properties;

(4) a list of all Dogs to be kept at the subject property, including both purebreds and non-purebreds, and verification of current rabies vaccination for each Dog;

(5) a sworn declaration by the owner that he/she has never been convicted under Section 446 of the Criminal Code of Canada pertaining to Animal cruelty; and     

(6) verification that the site plan and type of Kennel facility meets the applicable zoning requirements.

3.1.5 No Owner or operator of a Breeding Kennel shall permit more than ten (10) Dogs, excluding offspring under ten (10) weeks of age, to be kept at the Breeding Kennel.

3.1.6 No Owner or operator of a Commercial Kennel shall permit more than fifty (50) Dogs to be kept at a Commercial Kennel;

3.1.7 No Owner or operator of a Hobby Kennel shall permit more than ten (10) Dogs, excluding offspring under ten (10) weeks of age, to be kept at the Hobby Kennel.

3.1.8 Notwithstanding articles 3.1.5, 3.1.6 an 3.1.7 of this By-Law, any Person who lawfully owns or operates a Kennel with more than the permitted Dogs on the date of the passing of this By-Law shall have six (6) months from the date this By-Law comes into force to register same with the County and describe in detail the Dogs and shall be permitted to keep such number of Dogs, but not replace
any Dogs that die or are permanently removed from the Kennel until such time as the number of Dogs are reduced to the maximum number of Dogs permitted.

3.1.9 Every Owner or operator of a Kennel shall, upon request by an Officer, permit the Officer to inspect at any reasonable time the Premises for the purpose of determining compliance with this By-Law.

3.1.10 Any Kennel registration may be refused or suspended pending compliance, or revoked for non-compliance by an Officer if, in the Officer's opinion, the Kennel does not comply with the provisions of this By-Law.

3.1.11 No Person shall provide the County with any false information in respect of the registration, or renewal of a registration of a Kennel.

3.1.12 A Kennel registration fee paid pursuant to this By-Law is non-refundable and non  transferable in whole or in part.

3.18 Backyard Hen(s)

3.18.1 Notwithstanding Subsection 3.17, the keeping of backyard hen(s) shall be limited to lands that are zoned to permit a single detached dwelling.

3.18.2 The keeping of backyard hen(s) shall be limited to a maximum of four (4) backyard hen(s).

3.18.3 A hen coop and hen run for the keeping of backyard hen(s) shall comply with the following provisions:

a) minimum 3.0 metres from the side lot line;

b) minimum 3.0 metres from the rear lot line;

c) minimum 3.0 metres from abutting dwellings;

d) maximum of 10 square metres useable floor area and have a maximum building height of 3 metres;

Section 4: Dogs

4.1 Registration

4.1.1 Every Owner of a Dog shall:

(1) register the Dog with the County by completing a Dog Tag License Form provided by the County and pay the applicable registration fee as set out in the User Fees & Service Charges By-Law; and

(2) in order to qualify for any discounted registration fee set out in the User Fees & Service Charges By-Law the Owner shall at time of registration, provide proof of sterilization; and

(3) where a Dog is three (3 ) months of age or older, the Owner shall at time of registration, provide proof of current immunization against rabies or, provide in writing from a licensed veterinarian an exemption from rabies vaccination; and

(4) renew the registration annually before February 1st of each year; and

(5) ensure that the Dog identification tag, issued as part of the registration, is displayed on the Dog's collar, and that this collar is affixed to the Dog while the Dog is off of the Owner's Premises; and

(6) obtain a replacement identification tag within forty eight (48) hours by paying the fee as set out in the User Fees & Service Charges By-Law in the event that such tag is lost; and

(7) pay any additional applicable fee as set out in the User Fees & Service Charges By-Law where the Dog is registered on or after February 1st.

4.1.2 Where an Owner acquires a Dog or moves into the County after the 30th day of June and before February 1st of the following year, the Owner shall pay a fixed amount equal to one-half of the annual registration fee as set out in the User Fees & Service Charges By-Law at the time of registration.

4.1.3 The Owner of a Dog shall notify the County within fourteen (14) days of the termination or death of a Dog registered with the County or of any change to the information provided.

4.1.4 The County shall provide the Owner with an identification tag for each Dog registered in accordance with this By-Law.

4.1.5 No Person shall use an identification tag for any Dog other than the Dog for which such identification tag was issued.

4.1.6 No Person shall provide the County with any false information in respect of the registration, or renewal of a registration of a Dog.

4.1.7 Notwithstanding article 4.1.1 and 4.1.2, where the Officer is satisfied that a Person who is handicapped is the Owner of a Service Dog and used to assist such handicapped Person, there shall be no fee payable by the Owner for a license under this section.

4.1.8 Notwithstanding article 4.1.1 and 4.1.2, where the Dog is a police working Dog, there shall be no fee payable by the Owner for a license under this section.

4.1.9 A Dog registration fee paid pursuant to this By-Law is non-refundable and non  transferable in whole or in part.

4.2 Leashing and at large

4.2.1 No Owner of a Dog shall permit a Dog to be At Large in the County except in a designated Off Leash Area.

4.2.2 No Individual shall permit a Dog to enter upon the private property of another Person or to remain on the private property of another Person without that property Owner's prior consent.

4.2.3 No Individual shall permit a Dog to enter upon or remain in an area _where Dogs are prohibited by posted Official Signs.

4.2.4 No Owner of a Dog shall use a Leash or other restraining device that exceeds two (2) metres in length, but in no case shall an Owner use a Leash of a length that does not enable proper control of the Dog.

4.2.5 The Owner of a Dog shall control a Dog by means of a Leash that is held or affixed to the Individual.

4.2.6 For the purposes of article 4.2.5, a Dog shall not be deemed to be controlled by a Leash if the Leash is attached to an immovable object, a Motor Vehicle or a bicycle.

4.2.7 No Person shall permit a Dog to be left unattended while Tethered or tied on Premises where the public has access.

4.2.8 No Person shall use a collar on a Dog that restricts, or may restrict, the Dog's ability to breathe or swallow or that causes or may cause the Dog discomfort.

4.2.9 Articles 4.2.1 to 4.2.5 inclusively and 4.2.7 shall not apply to:

(1) police working Dogs while they are in the course of fulfilling their duties; and

(2) hunting Dogs that are under the direct supervision of an Individual .who is a bona fide hunter actively engaged in hunting in accordance with applicable law to whom has been issued such necessary licenses and permits as may be required by such applicable law; and provided that such Individual has obtained the prior consent of the registered Owner or tenant having the authority to grant permission to use the parcel of land on which the hunting Dogs are At Large, which consent is obtained prior to the date of the occasion on which the Dogs are At Large; and

(3) any events authorized by the County which allows for Dogs to be off  leash.

4.3 Impoundment of dogs

4.3.1 Any Officer may seize any Dog that is found At Large in the County and may cause such Dog to be delivered to the Pound.

4.3.2 Any Individual may seize any Dog that is found At Large in the County and such Individual shall immediately contact ACS, cause such Dog to be delivered to the Pound or, if known, return the Dog to its Owner.

4.3.3 A Dog seized pursuant to articles 4.3.1 or 4.3.2 shall be considered impounded at the time and place when it comes under the control of an Officer or, in any other case, when delivered to the Pound.

4.3.4 Upon seizing or taking possession of any seized Dog, the Pound shall impound the Dog and make reasonable efforts to determine the identity of the Owner of the Dog and inform such Person that their Dog has been impounded.

4.3.5 The Pound shall Keep any Dog impounded pursuant to this By-Law for a redemption period of three (3) days. This redemption period shall be calculated by excluding:

(1) the day on which the Dog was impounded; and

(2) statutory holidays; and,

(3) days on which the Pound is closed.

4.3.6 During the redemption period, the Pound:

(1) may provide such veterinary care or other care for an injured or ill impounded Dog as may be necessary to sustain its life or relieve any distress; and

(2) shall be entitled to recover from the Owner of the Dog, the cost of any veterinary or other care provided while the Dog was impounded; and

(3) may euthanize an impounded Dog without delay if, in the opinion of the Pound Keeper or Officer, such action is warranted for humane reasons; and

(4) shall be entitled to recover from the Owner of the Dog any other fees, including Pound fees, for the redemption of the Dog.

4.3.7 During the redemption period, the Owner of a Dog impounded may obtain releas of such Dog by first:

(1) paying the redemption fee and any veterinary expenses incurred in relation to the Dog while it was impounded, in accordance with article 4.3.6; and

(2) providing evidence that the Dog is registered in accordance with the requirements of this By-Law or, if the Dog is not registered, by registering the Dog with the County in accordance with articles 4.1.1 through 4.1.2 of this By-Law; and

(3) taking any other action in relation to the care or control of the Dog that the County or Pound may direct.

4.3.8 After the expiration of the redemption period, the Pound may:

(1) release the Dog to its Owner upon compliance with article 4.3.7 of this By law; or

(2) Keep, sell, euthanize or dispose of the Dog in accordance with the provisions of the Animals for Research Act, R.S.O. 1990, c. A.22, as amended.

4.3.9 Whenever an impounded Dog is released to its Owner, a record of such release shall be kept by the Pound and made available to the County upon request.

4.3.10 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 Owner's Liability Act, 1990, R.S.O. 1990,c.D.16 as amended, the Pound 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 Owner's Liability Act, 1990, R.S.O. 1990,c.D.16 as amended, the Owner of the Dog shall pay any fees for the time for which the Dog has been impounded regardless of whether or not the Dog is released to the Owner.

4.3.11 An Owner of a Dog may give up ownership of the Dog by surrendering the Dog to the ACS.

4.3.12 By surrendering the Dog to ACS, the Owner is deemed to have relinquished all rights of ownership and possession of the Dog.

4.3.13 To surrender the Dog to ACS, the Owner shall complete a Volunteer Surrender Form and pay the appropriate fee as set out in the User Fees & Service Charges By-Law at the time of surrender.

4.3.14 A Dog that has been surrendered to the ACS becomes the property of the ACS and may be kept or disposed of as the ACS deems appropriate, including:

(1) placing the Dog for adoption; or

(2) euthanasia in the case where in the opinion of the ACS, the Dog is not suitable for adoption or should be euthanized for humane reasons.

4.4  Dangerous dogs

4.4.1 Where an Officer becomes aware that a Dog has bitten or Attacked an Individual or Animal Without Provocation, the Officer may, by written order delivered personally to the Owner of the Dog or sent by registered mail to the last known address of the Owner of the Dog, requiring the Owner to comply with any or all of the requirements set out in this subsection within the time period stipulated in said order, and the Dog shall thereafter be deemed to be a Dangerous Dog and the Owner shall comply with such order.

4.4.2 Every Person who owns or Keeps a Dangerous Dog shall Keep the Dangerous Dog restrained in accordance with the provision of this By-Law.

4.4.3 Every Owner of a Dangerous Dog shall at all times while the Dangerous Dog is not in the Owner's Dwelling Unit, but is otherwise within the boundaries of the Owner's Premises, ensure that:

(1) the Dog wears a Muzzle in accordance with article 4.5.3; and

(2) the Dog is securely Tethered in accordance with subsection 2.2 of this By  law; or

(3) the Dog is contained within an area securely enclosed by a locked fence of an appropriate height for the breed of Dog, or an area enclosed by other means such that the Dog cannot come into contact with members of the public or other Animals; or escape from such enclosure; and

(4) a sign, no smaller than 5" x 7" (12.7 cm x 17.8 cm), is displayed at all entrances to the property upon which the Dog is kept, bearing words and a symbol that warn that a Dangerous Dog resides on the property.

4.4.4 Every Owner of a Dangerous Dog shall, at all times while the Dog is not within the Owner's Premises, Keep the Dog:

(1) under the control of an Individual who is eighteen (18) years of age or older; and

(2) on a Leash that does not exceed two (2) metres in length; and,

(3) Muzzled in accordance with article 4.5.2.

4.4.5 Every Owner of a Dangerous Dog shall notify the County immediately if the following should occur:

(1) any change in Ownership or residence of the Dangerous Dog and provide the name, current address and telephone number of the new Owner; or

(2) the Dog is At Large, Attacks or Bites any Person or Animal; or,

(3) the Dog becomes deceased.

4.4.6 The Owner of a Dangerous Dog shall ensure that the Dog is spayed or neutered and that the required license fee is paid for a Dog as set out in the User Fees & Service Charges By-Law.

4.4.7 An Officer shall have the authority to make whatever inquiry is deemed necessary to ensure compliance with subsection 4.4 of this By-Law.

4.4.8 No Person shall Keep a Dangerous Dog in the County if the Dangerous Dog has been found At Large in the County or not restrained when on the Premises of the Owner of the Dangerous Dog, or not restrained in accordance with written directives of an Officer.

4.4.9 Subsection 4.4 of this By-Law shall not apply to police working Dogs while they are carrying out their duties.

4.4.10 No Person shall permit a Dangerous Dog to be in an Off Leash Area.

4.5 Dog bites and muzzling of dogs

4.5.1 No Owner of a Dog shall willfully cause a Dog, allow or permit a Dog through neglect or failure to control to, Without Provocation, Bite, Attack or chase an Individual or another Animal, or to damage any property.

4.5.2 Every Owner of a Dog shall notify the Haldimand-Norfolk Health Unit immediately where a Dog Bites any Person.

4.5.3 No Owner shall Muzzle a Dog in any manner that restricts, or may restrict, the Dog's breathing, its ability to drink water or in any manner that causes the Dog pain, suffering or injury.

4.6 Removal of excrement

4.6.1 Every Owner of a Dog shall immediately remove any excrement left by a Dog on any public or private property and dispose of it in a proper waste receptacle.

4.6.2 Article 4.6.1 does not apply to:

(1) the handler of a Service Dog, where the handler is unable to remove the excrement left by such Dog due to a physical disability or impediment; or

(2) a police working Dog while carrying out its duties.

4.7 Number of dogs restricted

4.7.1 No Person shall Keep on his or her Premises more than three (3) Dogs over ten (10) weeks of age except where:

(1) the Premises consists of lands zoned and used for agricultural purposes; or

(2) the Premises is licensed by the County as a Kennel; or

(3) the Premises is a Pet Shop; or

(4) the Premises is us d as a Pound; or

(5) the Premises is an accredited Veterinary Facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, c. V.3, as amended; or

(6) the Premises is a Recognized Animal Shelter; or

(7) the Person has registered and been granted an exemption.

4.7.2 Notwithstanding subsection 4.7.1 of the By-Law, any Person who owns more than the permitted number of Dogs on the date this By-Law comes into force shall be permitted to Keep those Dogs, and the exemption shall only be for the lives of those specific Dogs. No additional Dogs shall be acquired that would have the effect of maintaining a total number of Dogs in excess of the limits stated in subsection 4.7.1 of this By-Law.

4.8 Designated dog parks

4.8.1 No Person shall use or enter a Dog Park except in accordance with the hours of operation a.s displayed on Official Signs located at the entrance to the park.

4.8.2 No Owner shall leave their Dog unattended in a Dog Park

4.8.3 No Owner shall have more than two (2) Dogs under his or her care and control in a Dog Park at any one time.

4.8.4 No child under the age of six (6) years of age is permitted in the Dog Park.

4.8.5 No child between the age of six (6) and twelve (12) years of age is permitted in the Dog Park unless supervised by an adult at least eighteen (18) years of age and physically capable of controlling the Dog.

4.8.6 No Owner shall permit a Dog under his or her care and control to use a Dog Park where:

(1) the Dog constitutes a danger to another Person or Dog;

(2) the Dog barks excessively;

(3) the Dog is likely to frighten or threaten another Person or Dog;

(4) the Dog displays or has displayed aggressive behaviour;

(5) the Owner has been advised by an Officer or Police that the Dog is prohibited from using the Dog Park;

(6)  the Owner has been convicted of an offence related to the conduct of the Dog under any Federal or provincial legislation or County by-law;

(7) the Dog is a Dangerous Dog; or

(8) the Dog is less than three (3) months of age.

4.8.7 Every Owner of a Dog shall before permitting a Dog to enter a Dog Park ensure that the Dog:

(1) has a valid dog tag and is affixed on the Dog's collar and that the collar is affixed to the Dog while the Dog is in the Dog Park;

(2) is controlled by means of a Leash that is held or affixed by the Owner;

(3) is not sick or aggressive, or if female, the Dog is not in heat.

4.8.8 Every Owner permitting a Dog to enter a Dog Park shall:

(1) carry with him or her a Leash for each Dog under his or her care;

(2) immediately remove the Dog at the direction of an Officer or Police;

(3) ensure that the Dog does not leave the Dog Park while off-leash;

(4) ensure that the Dog is under voice control and within visual sight at all times;

(5) immediately remove any excrement left by the Dog and place in a proper waste receptacle.

4.8.9 Every Person shall obey any other rule or regulation as displayed on an Official Sign at the entrance to the Dog Park.

4.8.10 No professional Dog trainer shall use the Dog Park for professional purposes.

4.8.11 No person shall permit any Animal other than a Dog of which he or she is the Owner to be at large in a Dog Park.

4.8.12 Every Person who uses or enters a Dog Park does so at their own risk.

Section 5: Cats

5.1 Number of cats restricted

5.1.1 No Person shall Keep, on his or her Premises, more than five (5) Cats that are spayed and neutered and no intact Cats, except where:

(1) the Premises consists of lands zoned and used for agricultural purposes; or.

(2) the Premises is a Pet Shop; or

(3) the Premises is a Pound; or

(4) the Premises is an accredited Veterinary Facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.0. 1990, Chapter V.3. as amended; or

(5) the Premises is a Recognized Animal Shelter; or

(6) the Person has registered and been granted an exemption.

5.1.2 Notwithstanding subsection 5.1.1 of the By-Law, any Person who owns more than the permitted number of Cats on the date this By-Law comes into force shall be permitted to Keep those Cats, and the exemption shall only be for the lives of those specific Cats. No additional Cats shall be acquired that would have the effect of maintaining a total number of Cats in excess of the limits stated in subsection 5.1.1 of this By-Law.

Section 6: General provision

6.1 Animals in a vehicle

6.2 Injured animals

6.3 Tormenting animals

6.4 Trapping animals

6.5 Rabies and communicable diseases

6.6 Livestock

6.7 Wild animals

6.8 Prohibited animals

Section 7: Administration and enforcement

7.1 Application and enforcement

7.1.1 This By-Law shall apply to any and all property, Animals, Persons and Individuals within the geographic limits of Norfolk County.

7.1.2 Unless otherwise provided for herein, all provisions of this By-Law may be enforced by an Officer.

7.1.3 An Officer may issue an order or direction requiring that a Person comply with the provisions of this By-Law.

7.1.4 An Officer may issue a Muzzle Order to any Owner of a Dangerous Dog, containing such particulars as the Officer deems necessary concerning compliance with this By-Law or deemed necessary by the Officer for the safety of the public; any order may be served by delivering it personally to the owner of the Dog or by registered mail to the last known address of the Owner of the Dog.

7.1.5 An Owner of a Dog may apply for and is entitled to a hearing before the Committee in respect of an order, provided the application for a hearing is made in writing and delivered to the Clerk within fourteen (14) days after the order has been served.

7.1.6 An order takes effect when it is served on the Person to whom it is directed, and remains fully in effect unless it has been varied by the Committee. An application by the Owner of a Dog for a hearing under this By-Law does not act as a stay of any requirement imposed by an order.

7.1.7 The Committee may:

(1) confirm, vary, or reverse the declaration in an order as the case may be; or

(2) confirm or vary any of the requirements of an order as the Committee considers appropriate; or

(3) exempt the Owner of the Dog in whole or in part from any of the requirements of an order, subject to such terms and conditions as the Committee considers appropriate; or

(4) impose conditions which, if fulfilled to the satisfaction of the Committee, will permit the Committee in its sole discretion to vary or exempt the Owner from some or all of the terms or restrictions in an order; or

(5) combine any confirmation, variance, condition, or exemption of any of the requirements in an order as the Committee considers appropriate.

7.1.8 Any notice or document that has been seNed pursuant to the provisions of this By-Law by prepaid registered mail shall be deemed to have been received by the Person to whom it is addressed on the fifth (5th) day after the day it is mailed.

7.1.9 An Officer may enter upon any Premises at any reasonable time for the purposes of carrying out an inspection for the purposes of determining whether or not:

(1) the provisions of this By-Law are being complied with; or

(2) an order under this By-Law is being or has been complied with.

7.1.10 Every Owner of any Premises shall permit an Officer to enter such Premises for the purpose of article 7.1.12.

7.1.11 No Person shall hinder or obstruct any Officer or any Individual lawfully acting in aid of such Officer, in the execution of their duties under this By-Law.

7.1.12 No Person shall refuse to produce any documents or things required by an Officer in the exercise of a power or performance of a duty under this By-Law.

7.1.13 No Person shall knowingly furnish false information to an Officer.

7.2 Offences and penalties

7.3 Validity

7.3.1 Should a court of competent jurisdiction declare a part or the whole of any provision of this By-Law to be invalid or of no force and effect, the provision or part is deemed severable from this By-Law, and it is the intention of Council that the remainder of this By-Law survive and be applied and enforced in accordance with its terms to the extent possible under the law so as to provide a minimum standard for the care and control of Animals and for the safety and security of Individuals and property.

7.3.2 Where a provision of this By-Law conflicts with the provision of another By-Law, any legislation, or other regulation in force within the County, the provision that establishes the higher standards for the care and control of Animals and the safety and security of Individuals and /or property shall prevail.

7.3.3 Nothing in this By-Law relieves a Person from complying with any provision of any federal or provincial law or regulation, other By-Law or any requirement of any lawful permit, order or license.

7.3.4 Where this By-Law refers to another act, By-Law, regulation or agency, it includes reference to any act, by-law, regulation or agency that may be substituted therefore.

7.4 Fees

7.5 Transition rules

7.6 By-laws repealed

7.7 Enactment

• Read a first and second time this 8th day of April, 2014.
• Read a third time and finally passed this 8th day of April, 2014.

Schedule B - Prohibited animals

1. all marsupials (such as kangaroos and opossum);
2. all non-human primates (such as gorillas and monkeys);
3. all felids (such as lions and tigers), except for domestic Cats;
4. all canids (such as wolves and hybrids), except for domestic Dogs;
5. all viverrids (such as mongooses, civets and genets);
6. all mustelids (such as skunks, weasels, otters and badgers), except a domestic ferret);
7. all ursids (bears)
8. all artiodactylus ungulates (such as domestic goats, sheep, pigs and cattle);
9. all procyonids (such as raccoons, coatis and cacomistles);
10. all hyaenas;
11. all pinnipeds (such as seals, fur seals and walruses);
12. I)          all snakes of the families pythonidae and boidae;
13. all venomous reptiles
14. all ratite birds (such as ostriches, emus, rheas, cassowaries)
15. all diurnal and nocturnal raptors (such as eagles, hawks and owls);
16. all edentates (such as anteaters, sloths and armadillos);
17. all bats;
18. all crocodilians (such as alligators and crocodiles)
19. all arachnids (such as tarantulas);
20. all Prohibited Dogs;
21. all galliformes (such as grouse, pheasants, turkeys);
22. all anseriformes (such as ducks, geese, swans);
23. all sciuridae (such as prairie dogs, giants squirrels and flying squirrels);
24. all perissodactylus ungulates (such as horses and zebra);
25. all elephants;
26. all other venomous or poisonous Animals
27. Any Exotic Animal not specified above.

Amendments

This online version of the by-law includes the following amendments: 

• By-Law 2019-67 - Being a By-Law to Amend the Care and Control of Animals By-Law 2014-46, as amended
• By-Law 47-Z-2019 - Being a By-Law to Amend Zoning By-Law 1-Z-2014, as amended, for property described as All Land Within The County in the Name of Norfolk County