Owen Sound Animal Shelter

CITY OF OWEN SOUND BY-LAWS

City of Owen Sound, Ontario ~ By-Law 2005-133 in Respect of Dangerous Dogs.

BY-LAW 2005-133

THE CORPORATION OF THE CITY OF OWEN SOUND

A BY-LAW TO AMEND BY-LAW 1993-132 AS AMENDED WHICH IS THE CITY OF OWEN SOUND

BY-LAW TO REGULATE AND CONTROL DOGS

WHEREAS Section 105 of the Municipal Act 2001, c. 25 empowers municipalities to regulate and prohibit dogs are large; and

WHEREAS the Council of the Corporation of the City of Owen Sound is desirous of amending By-law 1993-132 adopted under Municipal Act R.S.O. 1990 Chapter M45; and

WHEREAS the amendment will allow the City to regulate dangerous dogs, potentially dangerous dogs and prohibited dogs, and establish basic care requirements for dogs.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF OWEN SOUND HEREBY ENACTS AS FOLLOWS:

1. That By-law 1993-132 as amended is further amended by adding the following to PART 1 Section 1.2:

“And specifically Dangerous Dogs, Potentially Dangerous Dogs and Prohibited Dogs shall be subject to the following definitions:

a) “Dangerous Dog” means a dog that without justification has attacked or bitten a person or significantly injured or killed another domestic animal, caused significant public property damage or damage to property owned by others, or behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of serious injury or death to one or more persons or domestic animals and where the conditions described in section 2.14 do not exist.

b) “Potentially Dangerous Dog” means a dog that off the property of its owner has shown an attitude of attack towards a person or another domestic animal including but not limited to snarling or growling where the conditions described in section 2.14 do not exist and the dog is not under the care and control of the owner or custodian.

c) “Prohibited Dog” means any dangerous or potentially dangerous dog as defined herein found in contravention of any part of this by-law.”

d) “Attack” means aggressive physical contact initiated by the dog.

e) “Serious injury” means any physical injury consisting of broken bones, significant internal injuries or a permanently disfiguring laceration requiring either multiple stitches or cosmetic surgery.

2. That the following be added to PART TWO Section 2 of By-law 1993-132 as amended:

2 c) No person shall keep a dangerous dog or potentially dangerous dog without paying the annual registration and license fee as outlined in Schedule “A” to this by-law, and where keeping such a dog shall notify the Animal Control Officer of the City within two days of any change of address or sale of said dog. Where a dog is designated as a dangerous dog or potentially dangerous dog under this by-law, the annual license fee shall apply to the next full license period following said designation.

2.12 No person shall keep any dog without providing safe and humane living conditions on the property or residence of the owner or custodian including, but not limited, to the following minimum:

(i) for a dog to be kept outside reasonable shelter with a roof, walls and bedding to sufficient to provide protection, suitable for the breed of dog, from extreme weather such as heat, wind, cold, rain or other such condition that may impact on the health of a dog;

(ii) sufficient food, water, grooming and care to ensure the dog is healthy and of proper temperament;

(iii) regular opportunity for exercise and free movement while on a leash or within the yard or property of the person in care and control of the pet; and

(iv) sufficient veterinarian and human care and/or attention to ensure the dog does not become a nuisance in terms of barking or behaviour or is not a dangerous or potentially dangerous dog.

2.13 Upon designating any dog as a dangerous dog or potentially dangerous dog the Animal Control Officer shall within three days notify the Owner or custodian of said dog in writing by registered mail of the reasons for the designation of the dog and the effective date of the designation. Any Owner or custodian in receipt of the decision of the Animal Control Officer to designate a dog as a dangerous dog or potentially dangerous dog shall be required to immediately comply with the requirements of this by-law for such dogs and then within seven days may request the Council of the City of Owen Sound reconsider the designation of the Animal Control Officer by submitting a request in writing to the Clerk of the City of Owen Sound. City Council or a designated Committee may choose to remove the designation of the Animal Control Officer or retain the designation after providing the applicant with an opportunity for a hearing pursuant to the provisions of the Statutory Powers Procedure Act or successor thereto.”

2.14 Notwithstanding Section 2.13 no dog shall be declared dangerous or potentially dangerous:

(i) if the dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault;

(ii) if at the time the person was committing a crime or offence upon the property of the owner, or custodian of the dog;

(iii) if the person was teasing, tormenting, abusing or assaulting the dog or has done such in the past;

(iv) if the dog was attacked or menaced by the domestic animal, or the domestic animal was on the property of the owner or custodian of the dog;

(v) if the dog was responding to pain or injury, or protecting itself, its kennels or its offspring; and

(vi) if the person or domestic animal was disturbing the dog’s natural functions such as eating and sleeping;

3. That By-law 1993-132 as amended is further amended by adding the following to the end of Part IV Section 4:

“4. Where a dangerous dog or potentially dangerous dog as defined herein is found to be at large, the Owner shall forthwith and without delay call the Animal Control Officer of the City and advise of the last known date time and location that the said dangerous or potentially dangerous dog became at large.”

4. That By-law 1993-132 as amended is further amended by adding the following to the end of Part IV Section 4.3:

“Where a dog has been designated as a dangerous dog or a potentially dangerous dog as defined by this By-law, the following requirements shall apply:

(i) said dangerous or potentially dangerous dog shall be considered in the control of a person where said dog is connected by a collar to a leash that is no more than 1.2 metres in length and in the hand or otherwise personally held in a secure manner by a responsible adult 18 years of age or older and such dog shall wear a muzzle pursuant to Part VI of this By-law where such dog is outdoors and off the property of its owner or custodian.

(ii) where a dangerous dog or potentially dangerous dog as defined by this by-law is residing on the property or at the residence of its owner or custodian, said dog shall be kept within a locked pen, kennel or fully enclosed area with a fence minimum 1.5 metres in height designed to prevent the escape of the said dog and said pen or fenced area shall be prominently signed with the words ‘Beware of Dog’ or similar.”

(iii) any dangerous dog or potentially dangerous dog shall be required to be enrolled in and pass the Canadian Kennel Club Obedience Test or similar training in temperament acceptable to the Animal Control Officer.

(iv) any dangerous dog or potentially dangerous dog shall be required to have up to date rabies vaccination, shall be spayed or neutered, and shall be implanted with a microchip by a qualified person.

5. That By-law 1993-132 as amended is further amended by adding the following to the end of Part IV Section 4.4:

“Notwithstanding the requirements of this section for a redemption period of three days, the Animal Control Officer shall immediately impound any prohibited dog and may, upon determining the said prohibited dog is a threat to public safety and upon providing three business days notice to the owner, destroy in a humane way any prohibited dog as defined under this by-law found running at large contrary to this By-law, or in violation of any other requirement of this by-law.

Where the Animal Control Officer determines, at his/her sole discretion, that a prohibited dog shall not be destroyed, the Animal Control Officer shall prohibit any person from reclaiming or shall not offer for sale for any reason a prohibited dog where the safety to persons and other animals may be at risk. In the case of an impounded prohibited dog the Owner of said dog shall be immediately be responsible for all costs relating to the care and keeping of said prohibited dog until the Animal Control Officer is satisfied that:

(i) the prohibited dog will be kept by the owner in compliance with all requirements of this by-law and the owner has provided a certificate satisfactory to the City as proof of residential insurance protection in which it is recognized the said dog is a dangerous dog and naming the City as additional insured while the said dog is residing within the City limits, or

(ii) the prohibited dog is a threat to public safety and should be destroyed.”

In no case shall a prohibited dog be destroyed unless the appeal period provided for in Section 2.13 has been completed.

6. That Schedule A to By-law 1993-132 is amended by adding the following:

Dangerous Dog or Potentially is $200 before March 31st, and Dangerous Dogs is $250 after March 31st.

7. This By-law shall come into full force and effect upon the final passing thereof.

FINALLY PASSED AND ENACTED this 27th day of June, 2005.

If you have any questions on the above information, contact Owen Sound City Hall at (519) 376-1440 or Email.

The following information provided from CBC.ca

QUICK FACTS

What is a "pit bull"?

While there is no officially recognized breed called the "pit bull," the term is applied to a number of breeds, and different breeds are recognized by different kennel clubs. The proposed Ontario ban says "pit bull" includes:

A pit bull terrier.
A Staffordshire bull terrier.
An American Staffordshire terrier.
An American pit bull terrier.
A member of a class of dogs that have an appearance and physical characteristics that are substantially similar to dogs referred to above.

Some city bans also include the bull terrier.

What isn't a "pit bull"?

Some more exotic breeds are sometimes mistaken for pit bulls. These breeds look like pit bulls, but are somewhat larger:

Presa Canario

Cane Corso

Dogo Argentino

Tosa Inu

These breeds may be banned in Ontario under the ban's "appearance and physical characteristics" clause.

Some Canadian bans on "vicious" dogs include these breeds:

Mastiff

Rottweiler

Rhodesian Ridgeback

Doberman

There is no test to determine what breed a dog is. Genetically, all dogs are indistinguishable. A breeder or a dog show judge may be able to determine the breed of a purebred dog, but it would be difficult to tell if a mixed-breed dog descends from a "Pitbull" or a Mastiff, a Great Dane or a Jack Russell terrier.

Information taken from: "INDEPTH: DOGS - Banning the breed: The debate over pit bulls CBC News Online | Updated Oct. 15, 2004".