2021-013 Animal Care and Control
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2021-013
A BY-LAW to provide for the licensing, regulation, and control of animals within
the Town of Tillsonburg.
WHEREAS sections 9 to 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
(hereinafter referred to as "Municipal Act"), confer the power to pass by-laws regulating
or prohibiting animals to a lower-tier municipality;
AND WHEREAS section 103 of the Municipal Act confers the power upon a
municipality to pass a by-law to provide for the seizure and impounding of animals being
at large or trespassing and the sale of impounded animals under certain conditions;
AND WHEREAS section 105 of the Municipal Act requires Council or a Committee of
Council of the municipality to hold a hearing on whether to exempt an owner in whole or
in part from muzzling requirements of a dog, when so requested by the dog owner;
AND WHEREAS section 391 of the Municipal Act enables a municipality to pass by-
laws imposing fees or charges on any class of persons for services or activities
provided or done by or on behalf of it;
AND WHEREAS the Dog Owner’s Liability Act, 1990, as amended, including
amendments made by the Public Safety Related to Dogs Statute Law Amendment Act,
2005, provides for the control of dogs.
AND WHEREAS Council deems it expedient to ensure that animals are kept and
treated in a humane manner and that the owners of animals provide good quality care
to them;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
Contents
PART 1: DEFINITIONS ................................................................................................... 2
PART 2: ADMINISTRATION AND ENFORCEMENT ...................................................... 7
PART 3: LICENSING OF DOGS AND CATS .................................................................. 8
PART 4: KEEPING OF ANIMALS ................................................................................. 11
PART 5: ANIMAL ENCLOSURES ................................................................................. 14
PART 6: EXCREMENT ................................................................................................. 17
PART 7: ANIMALS AT LARGE ..................................................................................... 17
PART 8: SEIZURE AND IMPOUNDMENT .................................................................... 18
PART 9: QUARANTINE OF ANIMALS .......................................................................... 20
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PART 10: PRECAUTIONS BY DOG OWNERS ............................................................ 20
PART 11: MUZZLE ORDER - DOGS ............................................................................ 21
PART 12: PAYMENT FEES .......................................................................................... 23
PART 13: OFFENCE ..................................................................................................... 24
PART 14: VALIDITY ...................................................................................................... 24
PART 15: REPEAL AND EFFECTIVE DATE ................................................................ 24
PART 16: SHORT TITLE .............................................................................................. 24
PART 17: SUBJECT TO RATES AND FEES BY-LAW ................................................. 24
SCHEDULE A: PROHIBITED ANIMALS ....................................................................... 25
PART 1: DEFINITIONS
1. Definitions:
“Altered” means spayed or neutered;
“Animal” means any member of the animal kingdom, other than human, as defined in
the Municipal Act;
“Animal Control Committee” means a committee that is responsible for considering
appeals in accordance with the procedures established under the provisions of the
Statutory Powers Procedure Act. The Committee considers appeals to Muzzle Orders
(muzzle/leash an animal) issued by Animal Control Officers.
The Committee is authorized by the Statutory Powers Procedure Act to do the following:
• Hear appeals filed by appellants;
• Execute all of the powers of an Animal Control Officer; and,
• Confirm, modify, or rescind Muzzle Orders, or extend the time for complying with
a Muzzle Order.
"Animal Control Officer” means any person designated or contracted as an Animal
Control Officer by the Town and shall include a Police Officer and the Municipal By-law
Enforcement Officer for the purpose of this bylaw.
“Animal Enclosure” means an enclosed place for the keeping of animals, but the yard
of a property where fencing has been erected on or along the property lines for the
purposes of enclosing, in whole or in part, the yard itself, shall not be deemed to be an
animal enclosure;
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“At large” or “trespass” means an animal being at any place other than the premises
of the owner of the animal and not under the control of the owner or a person acting on
behalf of the owner, and in the case of dogs including not being put on a leash, except
where the owner of the property, other than the animal owner’s property, permits the
animal to be on his or her property;
“Breeding” mean the production of offspring;
“Cat” means a domesticated feline animal, male or female, spayed or neutered or
natural, and harboured or kept by any person;
“Competent person” means a person having the strength and capacity to securely
control an animal so as to not permit or allow unwanted contact with another person or
animal;
“Corporation” means The Town of Tillsonburg
“Council” means the Council of The Corporation of the Town of Tillsonburg.
“Dangerous dog” means a dog that in the absence of any mitigating factor has bitten
or attacked a person or domestic animal, or has behaved in a manner that poses a
menace to the safety of persons or other domestic animals. Dangerous dog also means
a dog, previously designated as a potentially dangerous dog, that is kept or permitted to
be kept by its owner in violation of the requirements for such dog;
“Disturbs” means any persistent sound made by an animal or bird which disturbs the
peace, quiet, comfort or repose of any individual in any dwelling house, apartment
house, hotel or any other type of residence is prohibited.
“Dog” means a domesticated canine animal, male or female, spayed or neutered or
natural, harboured or kept by any person;
“Domestic animal” means an animal kept by or living with human beings;
“Dwelling unit” means one (1) or more habitable rooms occupied or capable of being
occupied by a person or a family as an independent and separate housekeeping
establishment in which separate kitchen and sanitary facilities are provided for the use
of such person or family, with a private entrance from outside the building or from a
common hallway or stairway inside the building in which the dwelling unit is located;
“Extreme Weather” means a cold warning, heat warning, or other weather warning or
alert issued by Environment Canada for weather in the Town of Tillsonburg including
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but not limited to extreme cold or hot weather, snow storms, freezing rains, heavy
rainfall, hurricane winds;
“Feed” or “Feeding” means the deliberate act of furnishing, or making food or other
substances available which is likely to be consumed by wild animals, strays, feral or
abandoned animals;
“Guard Dog” means a dog used for security purposes on land legally used for
“industrial or commercial purposes;
“Guide Dog” as defined in the Blind Persons’ Rights Act means a dog where a
certificate is produced from a recognized training establishment stating the dog is being
used as an assistance dog.
“Identification microchip” means a transponder implanted into an animal by a
veterinarian and registered with a pet identification entity;
“Impounded” shall mean seized, delivered, received or taken into the pound or any
authorized vehicle operated by an Officer pursuant to the provisions of this by-law;
“Keep” means to have temporary or permanent control or possession of an animal;
“Kennel” means any building, pen or other structure, but not including a building used
for human habitation, in which dogs and or cats not belonging to the owner of the
property, in return for payment of a fee, are kept for breeding or boarding;
“Leash” means a rope, chain or other restraining device not exceeding 2 meters (6
feet, 6 inches) in length, except for pit bull dogs the leash for which shall not exceed 1.8
meters (5.9 feet) in length;
“License Issuer” means the Customer Service Center of the Town of Tillsonburg or an
agent who is appointed by the Town of Tillsonburg whose duties include the issuance of
dog and cat licences;
“Mitigating factor” means a circumstance which excuses aggressive behavior of a dog
and without limiting the generality of the foregoing, may include circumstances where:
a) The dog was, at the time of the aggressive behavior, acting in defense to an
attack from a person or domestic animal,
b) the dog was, at the time of the aggressive behavior, acting in defense of its
young or reacting to a person or domestic animal trespassing on the property of
its owner, or
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c) The dog was, at the time of the aggressive behavior, being teased, provoked or
tormented.
“Municipal By-law Enforcement Officer” means an Officer designated by the Council
and whose duties include the enforcement of this Bylaw.
“Municipality” means the Corporation of the Town of Tillsonburg
“Muzzle’ means a humane fastening or covering device over the mouth of a dog that is
strong enough and well-fitted enough to prevent the dog from biting, without interfering
with the breathing, panting or vision of the dog or without interfering with the dog’s
ability to drink;
"Muzzle order” means an Order issued by the Animal Control Officer or an Officer for a
muzzle to be placed on a dog;
“Officer” is the Animal Control Officer designated by the Council, a Municipal By-law
Enforcement Officer designated by the Council and a Police Officer.
“Owner” means a person who keeps, harbours or has custody of an animal, and, in the
case of a minor, "owner" means the person responsible for the custody of the minor. If
there is more than one owner of an animal, they are jointly and severally the owner;
“Person” means an individual, partnership, association, firm or corporation;
“Pet shop” means an establishment engaged in the retail sale of animals.
“Pet shop keeper” means a person who has the charge, care or ownership of a pet
shop.
"Pigeon" means a member of a widely distributed family of birds derived from self-
sustaining captive populations of Columbidae (pigeons and doves), and includes a
racing pigeon which, through breeding, has developed the distinctive physical and
mental characteristics as to enable it to return to its home after having been released a
considerable distance there from, and which is also known as a homer pigeon, homing
pigeon, or carrier pigeon;
“Pit bull” means the breed of dog which includes:
a) a pit bull terrier,
b) a Staffordshire bull terrier,
c) an American Staffordshire terrier,
d) an American pit bull terrier, or
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e) a member of a class of dogs that have the appearance and physical
characteristics that are substantially similar to dogs referred to in (a) through (d)
above. In determining whether a dog is a pit bull regard may be had to the breed
standards established, for dogs referred to in (a) through (d) above, by the
Canadian Kennel Club, the United Kennel Club, the American Kennel Club or the
American Dog Breeders Association.
"Police work dog" means a dog trained for and engaged in law enforcement by any
federal, provincial or municipal government agency;
“Potentially dangerous dog” means a dog that in the absence of any mitigating
factors, chases or approaches any person or domestic animal, anywhere other than on
the property of its owner, in a menacing fashion or apparent attitude of attack, including
but not limited to, aggressive behavior such as growling or snarling or a dog that
otherwise demonstrates a propensity or disposition to attack Without Provocation,
persons or domestic animals;
“Pound” means such premises and facilities designated by the Town of Tillsonburg
“Pound Keeper” means any person designated or contracted by the Town of
Tillsonburg to maintain and administer a pound and impound dogs and or cats.
"Premises" includes a dwelling unit, a house or building and the land or premises on
which the building or house is situated or attached;
“Prohibited dog” means:
a) a pit bull dog that is not restricted,
b) a pit bull dog, previously designated as a restricted dog, that is kept or permitted
to be kept by its owner in violation of the requirements for such dog, or
c) a dog, previously designated as a potentially dangerous dog or a dangerous dog
that is kept or permitted to be kept by its owner in violation of the requirements
for such dog.
“Protective care” means the temporary keeping of an animal as a result of an eviction,
incarceration, medical or fire emergency, or any other situation that an Officer deems
appropriate for the health and safety of the animal;
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“Regulated Health Professional” means an audiologist, chiropractor, nurse,
occupational therapist, optometrist, physician or surgeon, physiotherapist, psychologist,
or psychotherapist.
“Restrained” means being kept inside a building or house or in an enclosed pen of a
minimum size for each dog of 4’ wide 12’ long 6’ high, completely enclosed with 9gauge
mesh wire with a poured concrete floor to prevent a dog from coming in contact with or
making a real and substantial threat of attack on any person or a domestic animal.
“Restricted dog” means a dog that is a pit bull that is owned by a resident on August
29, 2005, or it is born before the end of the 90-day period beginning on August 29,
2005, and that has been registered by the owner with the Corporation and maintains a
valid municipal dog license;
“Sanitary condition” means a condition that does not result in an accumulation of
fecal matter, odour, insect infestation, or rodent attractants which endanger the health,
comfort or convenience of any person or animal;
“Sanitize” means to clean for the purpose of controlling disease-producing organisms
and "sanitized" has a corresponding meaning; and
“Service animal” means an animal easily identifiable as relating to a disability wearing
a vest or harness and documentation is produced from a Regulated Health Professional
confirming the animal is required due to a disability.
“Tether” means a rope, chain or similar device which is used to tie, secure an animal to
a post, wall or other such structures, so that the animal will stay in a particular area on a
property;
“Town” shall mean The Corporation of the Town of Tillsonburg
“Veterinarian” means a member of the College of Veterinarians of Ontario.
“Wild Animal” means all mammals, birds, and reptiles, other than domestic animals,
including feral cats and wild dogs.
“Without Provocation” means the absence of any teasing, tormenting or abusive or
unwanted physical or verbal contact by the Individual or Animal.
PART 2: ADMINISTRATION AND ENFORCEMENT
2. The Animal Control Officer shall be responsible for the administration &
enforcement of this by-law.
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PART 3: LICENSING OF DOGS AND CATS
Requirements of a licence:
3. Requirements of a license:
a. No person, who is residing temporarily or permanently within the Town of
Tillsonburg shall own, keep, possess or harbour a dog unless a license
has been issued under this bylaw.
b. No person, who is residing temporarily or permanently within the Town of
Tillsonburg shall own, keep, possess or harbor a cat unless a license has
been issued under this bylaw.
c. The Town of Tillsonburg may appoint and authorize a license agent to
assist the By-law Enforcement Officer with the issuance of licenses
required under this bylaw, and every such license shall be executed on
behalf of the Corporation.
d. The owner of any dog or cat within the limits of the Town of Tillsonburg
shall cause such dog and or cat to be registered with the Corporation and
shall be furnished with a dog/cat tag on payment of the annual license fee.
e. Puppies may be kept with the mother for a period not exceeding two (2)
months/sixty (60) days following birth. Kittens may be with the mother for
a period not exceeding two (2) months following birth.
f. Every person selling a puppy of a dog that is required to be licensed
pursuant to this bylaw shall notify the license issuer upon the sale of the
puppy providing the name and address of any purchaser who is a Town
resident.
g. Every person selling a kitten of a cat that is required to be licensed
pursuant to this bylaw shall notify the license issuer upon the sale of the
kitten providing the name and address of any purchaser who is a Town
resident.
h. The owner shall keep such tag furnished securely fixed on the dog at all
times during the year and until the owner procures a tag for the following
year.
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i. The owner shall keep such tag furnished securely fixed on the cat at all
times during the year and until the owner procures a tag for the following
year.
j. All dogs must be registered and license fees paid for on or before
February 28th. All license fees paid for after February 28th shall be
subject to a license fee increase.
k. All cats must be registered and license fees paid for on or before February
28th. All license fees paid for after February 28th shall be subject to a
licence fee increase.
l. A person who acquires a dog during the year shall obtain from the Town
of Tillsonburg a dog tag license within ten (10) days after acquiring the
dog.
m. A person who acquires a cat during the year shall obtain from the Town of
Tillsonburg a cat tag license within ten (10) days after acquiring the cat.
n. Every dog tag licence shall expire on February 28th of the year for which
same is issued and every dog owner shall renew the dog tag yearly.
o. Every cat tag license shall expire on February 28th of the year for which
same is issued and every cat owner shall renew the cat tag yearly.
p. Every owner of a licensed dog and/or cat shall notify the License Issuer in
writing if the animal is sold, gifted, transferred to another person, or
deceased within fourteen (14) days of the change in ownership.
q. Where an Owner acquires a dog or cat or moves to the Town of
Tillsonburg after February 28th and before November 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 Rates and Fees By-Law at the time of
registration.
r. Owners shall supply the Town of Tillsonburg or the licensing agent with a
description of each dog/cat, sufficient to identify such dog/cat; and a
record shall be kept identifying the dog /cat and showing the name,
address and telephone number of the owner; and the serial number of the
dog /cat tag furnished.
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s. Every pet shop keeper shall submit on a monthly basis, to the License
Issuer, the names, and addresses of Town residents who have purchased
dogs and cats from the said pet shop.
t. The annual license fees payable by the owner of every dog/cat under this
By- law, as set out in the Town’s Rates and Fees By-Law, shall be the
rates approved by the Town of Tillsonburg from time to time.
u. The License Issuer shall maintain a registry with the serial number of the
dog/cat tag along with name, address and telephone number of the owner,
the name, breed, colour, markings, gender of the dog/cat. If the dog/cat is
spayed or neutered or natural, and the date that the dog/cat tag is
furnished to the owner. Any changes to the status of the dog(s)/cat(s)
must be reported promptly to the License Issuer.
v. Where a dog/cat tag issued pursuant to the provisions of this by-law has
been lost or destroyed, the owner on application to the Licensing Issuer
may be issued a new dog/cat tag upon payment of the replacement fee as
set out in the Town of Tillsonburg Rates and Fees By-Law.
w. The requirement for a dog/cat license does not apply to a pet shop whose
business includes the sales of dogs or cats;
x. Service Animals/Guide Dogs are exempt from purchasing a license
subject to the owner providing documentation to the Licensing Issuer.
Application for a license:
4. The Licensing Issuer shall:
a. Review and process all applications for licenses and tags; and
b. Issue all licenses and tags when application is made in accordance with
the provisions of this by-law.
5. An application for a license shall be completed on the forms provided by the
designated by the License Issuer
a. All dog and cat owners shall make application to the license issuer
forthwith upon commencing ownership of the dog /cat.
b. Every application shall be accompanied by the following:
i. Description of dog or cat including colour, breed and name
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ii. Owners certifying on the application that the dog and or cat has
been vaccinated against rabies.
iii. Applicable fee
PART 4: KEEPING OF ANIMALS
General provisions:
6. Every owner of an animal shall treat the animal in a humane manner, including
but not limited to the provision of:
a. a shelter for the animal that is waterproof and that protects the animal
from exposure to the element;
b. a shelter for the animal that is adequate for its size and breed;
c. adequate amounts of potable water for the animal; and food of a type and
in amounts nutritionally adequate for the animal.
7. No person shall keep an animal in an unsanitary condition.
8. Whether temporarily, permanently, or otherwise, no more than 3 domestic dogs,
3 domestic cats, or a total combined number of 5 animals of an age in excess of
2 months shall be kept, harboured, maintained or possessed at any one location
within the Town of Tillsonburg.
9. Whether temporarily, permanently or otherwise, no more than a total of two (2) of
the following animals shall be kept, harboured, maintained or possessed at any
one location within the Town of Tillsonburg:
a. guinea pig,
b. gerbil,
c. hamster
d. rabbit,
e. chinchilla,
f. iguana,
g. turtle with shell size of 8 inches in diameter
10. Section 8 and 9 do not apply to:
a. Pet shops in the Town of Tillsonburg;
b. A police work dog in a Police Canine Unit;
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c. Kennels located in compliance with the Town of Tillsonburg zoning by-law
and the Ontario Building Code Act, 1992, as amended, and licensed by
the Town of Tillsonburg;
d. The keeping of animals on lands zoned for agricultural purposes;
11. Sections 8, 9 and 13 do not apply to:
a. An animal hospital or clinic that is lawfully operated and supervised by a
veterinarian licensed by the Ontario Veterinary Association;
b. A pound designated by the Town of Tillsonburg;
c. Any organization permitted by law to provide protection and humane
treatment of animals;
d. Any person while rendering emergency treatment to an injured or
abandoned animal;
e. The Corporation or other governmental authority while lawfully operating a
public park, exhibition, or zoological garden, and maintaining animals
therein;
f. Any person in charge of a traveling circus, exhibition, or road show, or any
employee thereof, lawfully displaying animals;
g. Persons operating premises registered as research facilities under the
Animals for Research Act, R.S.0.1990, c. A-22, as amended, or the
persons in charge, or the employees thereof, during the course of their
duties;
12. No person shall keep, or cause to be kept, a reptile, insect or amphibian
permitted under this by-law outside a building or structure unless it is in an
appropriate animal enclosure.
General restrictions:
13. No person shall keep, harbour or possess any animal or animals listed in
Schedule A to this By-Law in the Town of Tillsonburg:
14. Notwithstanding Section 13, on lands zoned for agricultural purposes,
institutional or open space or a legal non-conforming status under the Town’s
Zoning By-law 3295, as amended, no person shall keep, or cause to be kept, any
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animals listed in Section 13 – Schedule A of this by-law, except for pigeons
and/or any other domestic animal.
15. No person who operates a business within the Municipality that includes the sale
of pets or other animals shall sell, offer to sell, or otherwise make available in any
way to any person any animal listed in Schedule A of this by-law, except those
animals mentioned in Section 14.
Dangerous dogs:
16. The owner of a “dangerous dog” shall obtain and maintain in force a policy of
public liability ownership issued by an insurer licensed by the Province of Ontario
providing third party liability coverage in an amount of not less than 2 million
(2,000,000) dollars for any damage or injury caused by the “dangerous dog”. A
certified copy of the said policy shall be provided annually with the Animal
Control Officer of the Town of Tillsonburg.
Animals kept prior to May 24, 2011:
17. Section 13 and 14 shall not prevent any person from keeping, harbouring or
possessing any animal if such animal was lawfully being kept, harboured or
possessed by that same person prior to May 24, 2011 and for so long as the
animal continues to be kept, harboured or possessed by the person.
Pit bulls - special requirements:
18. No person shall:
a. own a pit bull, except a restricted pit bull; breed a pit bull; transfer a pit bull
by sale;
b. Transfer a pit bull by gift or bequest; if the person to whom the pit bull is
transferred will own more pit bulls after August 29, 2005 than on that day
(maximum number of dogs per premises is three)
c. transfer more than one pit bull by gift or bequest to a person who did not
own a pit bull on August 29, 2005;
d. abandon a pit bull other than to a pound operated by or on behalf of the
Municipality, the province or a designated body;
e. Allow a pit bull in his or her possession to stray;
f. Train a pit bull for fighting.
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Pit bulls - other requirements:
19. All other requirements regarding Pit Bulls specifically shall be in accordance with
the Dog Owner’s Liability Act, 1990 (DOLA), as amended, including regulations
pertaining to DOLA, and the Animals for Research Act, 1990, as amended.
Keeping of pigeons:
20. Pigeons that are registered with a National Racing Association may not exceed
twenty-four (24) in number. They may be kept provided the pens have been
approved by such licensing association and follow the requirements set out in
Sections 21, 22, 23, and 24.
a. Every owner of a pigeon shall band and keep banded each pigeon with an
identifying leg band issued by a registered pigeon association/organization
in Canada.
21. No person whether temporarily, permanently or otherwise shall keep or cause to
be kept more than (10) domestic pigeons on any lands zoned for agricultural
purposes and follow the requirements set out in Sections 21, 22, 23, and 24.
22. Every owner of any pigeon shall keep all grains and foodstuff in air-tight
containers.
PART 5: ANIMAL ENCLOSURES
General provisions:
23. Every owner of an animal shall ensure that the animal enclosure provided for the
animal meets the following requirements, regardless of whether the animal
enclosure is located indoors or outdoors:
a. The animal enclosure shall be of a size and in a condition such that the
animal may:
i. extend its legs, wings, and body to their full natural extent;
ii. stand;
iii. sit;
iv. perch;
b. Every reptile, fish, and amphibian shall be provided with an enclosed
space adequate for the needs of the species;
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c. The enclosure is of such a nature and condition that the animal contained
therein would not be harmed and its health would not be negatively
affected for the reason of being placed in such an animal enclosure;
d. Every animal contained therein may be readily observed unless the
natural habits of the animal require otherwise.
e. The animal enclosure is kept in a clean and sanitary condition.
f. The animal enclosure is kept free of offensive odour.
g. The animal enclosure is escape proof.
Additional provisions for outdoor animal enclosures:
24. Except for the keeping of animals on lands zoned for agricultural purposes:
a. no person shall keep, or cause to be kept, an animal enclosure for an
animal outside a building or structure unless:
i. the animal enclosure is in the rear yard; and
ii. the animal enclosure, is located at least 3.1 meters (10 feet) from
the property line and a least 6.1 meters (20 feet) from any school,
church, or residential building not located on the same lot; and
b. No person shall within the Town of Tillsonburg have a dog under control
on a leash exceeding 2 meters (6 feet, 6 inches) in length. The dog shall
be in the rear yard of the owner’s property, and the dog shall not be able
to approach or chase any person or domestic animal other than those
belonging on the dog owner’s property. When a dog is off the owner’s
property, the “leash” requirements apply.
c. no person shall keep or cause to be kept a pigeon enclosure outside a
building or structure unless the enclosure is located at least 6.1 meters (20
feet) from the property line, or within 19.8 meters (65 feet) of any school,
church or residential building not located on the same lot.
25. In addition to the requirements in this part of the by-law, an animal enclosure
kept outside shall be:
a. soundly constructed of hard, durable material;
b. Impervious to water for the housing unit within the enclosure and the
housing unit must comply with all animal enclosure requirements;
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c. Constructed of a material that may be readily sanitized;
d. Maintained in a good state of repair from cracks, holes, rust and other
damage;
e. Kept in a way that minimizes as nearly as practicable the transfer of
disease- causing agents; and
f. Adequately ventilated and maintained at a suitable temperature and
lighting for the health, welfare and comfort of the animal enclosed therein.
26. Compliance with the requirements under this Part does not exempt any person
from compliance with other applicable laws and by-laws, including the Building
Code Act 1992, as amended, and the municipal zoning by-law.
In the event of any conflict between the provisions of this Part and the provisions
of any other by-laws, the provisions of this Part shall prevail.
27. Every owner shall allow any Officer to carry out an inspection of premises where
animal(s) of the owner are kept or to make inquiries deemed necessary for the
purposes of insuring compliance with this bylaw.
Kennels:
28. Kennels:
a. No person shall within the Town of Tillsonburg keep a kennel without a
license.
b. All persons operating a kennel of dogs and or cats that are registered or
eligible for registration with an association incorporated under the Animal
Pedigree Act (Canada) shall make application to the License Issuer for a
kennel license.
c. All such applications shall be accompanied by the following information:
i. Name and address of Kennel owner
ii. Location of kennel
iii. Proof of zoning approval for said location;
iv. Applicable fee
d. No Kennel or Pound shall be kept within the limits of the Town of
Tillsonburg upon any premises unless the same are at least one hundred
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and twenty-five (125) feet from any school, church, dwelling or other
premises occupied by the keeper or members of his or her immediate
family and such Kennel or Pound shall meet all requirements pursuant to
regulations of the Ministry of Agriculture and Food.
PART 6: EXCREMENT
29. Excrement:
a. Every person having care or control of an animal shall forthwith remove
and dispose of any excrement left by the animal on any property including
highways.
b. Subsection (a) does not apply to:
i. persons reliant upon a service animal while that animal is being
used to aid a person with a visual, hearing or other impediment;
ii. owners of racing pigeons when the pigeons are at large during
permitted flight times.
iii. permitted farm animals as noted in Section 14 when animals are on
lands zoned for agricultural purposes, as long as the animals are
on the lands of their owner.
PART 7: ANIMALS AT LARGE
30. Animals at large:
a. No person shall within the Town of Tillsonburg, fail to prohibit an animal
from running at large.
b. A dog is not considered to be at large if the dog is:
i. a service animal or a police work dog; or
ii. on the premises of a person who has consented to the dog on the
person's premises.
c. No person shall allow or permit any animal to trespass on private property.
d. A pigeon is not considered to be at large if it is flying:
i. Before 9:00 a.m. or after 5:00 p.m. during the months of April to
September, inclusive; or
ii. Before 10:00 a.m. or after 3:00 p.m. during the months of October
to March, inclusive; and
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iii. under the owner’s personal supervision, or under the supervision of
another competent person who is acting on the owner’s behalf to
control the pigeons.
e. In addition to subsection (d), a pigeon is not considered to be at large if a
member of a pigeon organization or association in Canada supervises a
flight of the racing pigeon while carrying on the duties of such organization
or association.
PART 8: SEIZURE AND IMPOUNDMENT
31. Seizure and impoundment
a. Seizure and impoundment:
i. Any animal found at large contrary to this by-law may be seized by
an Officer.
ii. An Officer may take possession of an animal for the purpose of
providing protective care to it at any time when the Officer deems it
necessary to provide protective care to the animal.
b. A dog or cat seized under this by-law shall be impounded for a period of
three days, exclusive of the day on which the dog and or cat was
impounded and statutory holidays and Sundays, unless:
i. The dog and or cat is redeemed by the Owner during this time
period of impoundment in accordance with the provisions of this by-
law;
ii. The dog and or cat was seized for the purpose of providing
protective care to it; or
iii. In the opinion of the Pound Keeper, the dog and or cat should be
euthanized or receive veterinary care immediately.
iv. A dog and or cat is seized for the purpose of providing protective
care, in which case it shall be impounded for a period of up to ten
(10) days, exclusive of the day in which the dog and or cat was
impounded and statutory holidays and Sundays, unless the animal
is redeemed by the owner during this period of impoundment in
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accordance with the provisions of this by-law or is euthanized for
humane reasons.
v. Where the Pound Keeper has impounded a dog or a cat that has a
tag, name plate and other means of identification, the Pound
Keeper shall take all reasonable steps to find the owner of the dog
and or cat and shall forthwith notify the owner, if found, that the dog
and or cat has been impounded and can be redeemed on payment
in full of all costs.
c. The owner of an animal impounded under this by-law:
i. may redeem the animal upon payment of the appropriate
impoundment and maintenance fees for the time of the
impoundment as per the Town’s Rates and Fees By-Law.
ii. In addition to subsection (i), the owner of a dog or cat seized and
impounded shall produce a valid license for the dog and or cat
before the owner may redeem it.
iii. If a valid license cannot be produced under subsection (ii) the
owner of the dog or cat shall obtain a license for the dog and or cat
and will be responsible for the payment of the penalty as set by the
Town’s Rates and Fees By-Law before the owner may redeem it.
d. If an animal is not redeemed within the time period specific in this by-law,
the animal shall become the property of the Pound Keeper and may be:
i. Put up for adoption;
ii. Euthanized by the Pound Keeper’s designated veterinarian; or
iii. Sold for such price as the Pound Keeper may consider proper.
e. A Pound Keeper may euthanize an animal without delay without permitting
any person to redeem it if:
i. The animal seized and impounded under this by-law is seriously
injured or ill and should be euthanized without delay for humane
reasons; or
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ii. Euthanasia of the animal seized and impounded under this by-law
is necessary for the safety of persons or animals that are
endangered.
f. Where a dog and or cat is captured or taken into custody and the services
of a veterinarian are secured by the Pound Keeper, the owner shall pay to
the Pound Keeper all fees and charges of the veterinarian in addition to all
other fees and per diem charges payable under this by-law, as set out in
the Town’s Rates and Fees By-Law whether the dog and or cat is alive,
dies, or is euthanized. No damages or compensation shall be recovered
by the owner of the animal.
g. No personal shall forcibly retrieve a dog or cat from the Pound Keeper, or
premises of the pound or break and enter into a patrol vehicle or a live
trap, or retrieve a dog or cat, without payment in full of all fees and
charges required to be paid under this by-law, in accordance with the
Town’s Rates and Fees By- Law.
h. Every pound fee and board fee that is unpaid in whole or in part is a debt
due to the Pound Keeper and is recoverable in any court of competent
jurisdiction in which a debt or money demand may be recovered.
PART 9: QUARANTINE OF ANIMALS
32. Quarantine of Animals
a. If, in the opinion of the local Health Unit or an Officer, an animal shall be
put in quarantine, the owner of the animal shall:
i. comply with the quarantine order of the Health Unit or Officer; and
ii. be responsible for the costs associated with the quarantine,
including the costs of any veterinary care required for the animal
and any other applicable fees.
PART 10: PRECAUTIONS BY DOG OWNERS
33. The owner of a dog shall exercise reasonable precautions to prevent it from:
a. biting or attacking a person or domestic animal;
b. behaving in a manner that poses a menace to the safety of persons or
domestic animals;
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c. shall ensure the dog is properly leashed when not on the property of the
owner, or not on the property of a person who authorizes the dog to be on
his/her property;
34. No person who owns, harbours, or possesses any dog shall permit a dog or dogs
to howl or bark as to cause noise, which disturbs, whereas likely to disturb the
inhabitants of the Town of Tillsonburg.
35. No person shall cause, permit or allow an Animal to be confined in a vehicle or
trailer attached to a vehicle without appropriate ventilation during Extreme
Weather as to ensure the Animal is not in pain, distress or subject to undue
suffering while in the vehicle.
PART 11: MUZZLE ORDER - DOGS
36. Muzzle Order – dogs:
a. Where an Officer determines that a dog is a potentially dangerous dog or
a dangerous dog, the Animal Control Officer may issue a Muzzle Order to
the owner of the dog.
b. The Animal Control Officer may impose conditions on the Muzzle Order to
ensure the health and safety of the owner, the dog, and other persons and
animals, and the order is effective immediately on issuance.
37. Muzzle order – dogs:
a. A Muzzle Order may be served by:
i. delivering it personally to the owner of the dog; or
ii. Sending it by registered mail to the last known address of the
owner of the dog.
38. Notwithstanding other sections of the Bylaw, when a Muzzle Order has been
served, the owner of a dog:
a. shall ensure that the dog shall be restrained when on the owner’s
premises and
i. Shall be kept inside a building or house or enclosed pen of a
minimum size for each dog of 4’ wide 12’ long, 6’ high, completely
enclosed with 9 gauge mesh wire with a poured concrete floor to
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prevent a dog from coming in contact with or making a real and
substantial threat of attack on any person or a domestic animal.
b. Shall not permit the dog to be off the premises of the owner unless it is
muzzled, and securely leashed on a 2 foot lead.
c. Further to Section 36, the dog may be restrained, leashed and muzzled
through any other means as directed by the Animal Control Officer.
d. Shall ensure that the dog does not bite, chase, or attack a person or a
domestic animal on any property including that of the owner.
e. Shall put the dog under the control of a person at least eighteen (18) years
of age when the dog is not on the owner’s premises.
f. Shall notify the Animal Control Officer within five (5) days of transfer if the
dog is transferred to a new location or if the ownership of the dog is
transferred to another person in the municipality, and the Muzzle Order
shall still apply.
g. Shall ensure that the dog is spayed or neutered;
h. Shall obtain a warning sign as prescribed by the Animal Control Officer
which shall be posted and displayed continuously by the owner in a
prominent location in close proximity where the particular dog is kept;
i. The dog shall be implanted with an identification microchip
j. Shall comply with any other conditions imposed in the Muzzle Order.
39. Where a dog has been ordered to be muzzled by an Animal Control Officer,
pursuant to the provisions of this by-law, the aggrieved owner of the dog may
apply for a hearing in respect of such Muzzle Order.
a. An application for a hearing shall be made in writing and delivered to the
Town Clerk or designate within sixty (60) days of the Muzzle Order being
issued.
b. Upon receipt of the application and required fee of $110.00 (or as
amended by the Town Rates and Fees By-Law), the Town Clerk or
designate shall convene a hearing of the “Animal Control Committee” and
shall give seven (7) days’ notice to the appellant by either personal service
or by registered mail of the date, time and location of the hearing.
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c. The “Animal Control Committee” shall be comprised of the Chief Building
Official or designate, the Town Clerk or designate, two (2) current
members of Council, and one (1) member of the public.
d. When the owner of the dog does not attend at the proper time and place,
the “Animal Control Committee” may proceed with the hearing and the
appellant shall not be entitled to any further notice of the proceeding.
e. Notwithstanding that an Applicant has applied for a hearing to appeal the
Muzzle Order, the Muzzle Order takes effect when it is served on the
person to whom it is directed and remains in effect until the “Animal
Control Committee” has made its decision on the appeal.
f. A written copy of the decision from the “Animal Control Committee” shall
be made and prepared as soon as it is practicable after the conclusion of
the hearing and shall be sent to the appellant by either ordinary mail or
registered mail.
g. The “Animal Control Committee” may, at its discretion, reserve its decision
to be presented later, which shall not be later than 10 days from the
hearing date.
h. The decision of the committee is final and binding.
i. A Muzzle Order expires when the dog dies or the Animal Control Officer is
satisfied that it no longer resides in the Town of Tillsonburg.
PART 12: PAYMENT FEES
General provisions:
40. General provisions:
a. All dogs or cats impounded under the authority of this by-law shall be
taken to the Pound, where they shall be confined subject to the right of an
owner to redeem the dog and or cat within 72 hours exclusive of the day
the dog or car was impounded by paying the Pound Keeper the impound
callout fee and applicable daily boarding fee and, if required, the dog and
or cat tag fee as per the Town’s Rates and Fees By-Law.
b. The payment of any fees and charges are required under this by-law does
not constitute partial or full payment of any fines imposed by a court of
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competent jurisdiction for an offence committed under this or any other by-
laws.
PART13:0FFENCE
41 . Every person who contravenes any provision of this by-law is guilty of an offence
and is liable to a fine and any other penalties imposed pursuant to the Provincial
Offences Act, 1990, c . P-33, as amended , the Dog Owner's Liability Act, 1990,
as amended , if applicable, and the Pounds Act, 1990, as amended , if applicable .
PART 14: VALIDITY
42 . If a court of competent jurisdiction declares any section or part of a section of the
by-law invalid , it is the intention of Council that the remainder of the by-law shall
continue to be in force.
PART 15: REPEAL AND EFFECTIVE DATE
43.Town ofTillsonburg Bylaws 3507 and 4169 are hereby repealed .
44. This by-law shall come into full force and effect on the day of its final passing
thereof and upon approval from the Ministry of the Attorney General.
PART 16: SHORT TITLE
45. This by-law shall be referred to as the "Animal Care and Control By-law".
PART 17: SUBJECT TO RATES AND FEES BY-LAW
46. The fees associated with this by-law shall be in accordance with the current
Rates and Fees By-Law for the Town of Tillsonburg.
READ A FIRST . D SECOND TIME THIS 25th day of JANUARY, 2021 .
AND FINAL TIME AND PASSED THIS 25th day of JANUARY, 2021.
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SCHEDULE A: PROHIBITED ANIMALS
CLASS ORDER COMMON NAMES
MAMMALS
Artiodactyla Such as cattle, goats, sheep, pigs,
deer, elk
Canidae Such as coyotes, wolves, foxes, hybrid
wolf dogs (except domestic dogs)
Chiroptera Such as bats, fruit bats, myotis, flying
foxes
Edentates Such as anteaters, sloths, armadillos
Felidae Such as tigers, leopards, cougars,
lions, lynx (except domestic cats)
Hyaenidae Such as hyaenas
Lagomorpha Such as hares, pikas (except domestic
rabbits)
Marsupialia Such as koalas, kangaroos, possums,
wallabies (except sugar gliders derived
from self‐sustaining captive
population)
Mustelidae Such as mink, skunks, weasels, otters,
badgers (except ferrets)
Primates Such as chimpanzees, gorillas,
monkeys, lemurs
Perissodactyla Such as horses, donkeys, jackasses,
mules, zebras, ponies
Proboscidea Such as elephants, rhinoceros,
hippopotamus
Procyonidae Such as coatimundi, cacomistles,
raccoons
Rodentia Such as porcupines, prairie dogs,
nutria, (except rodents such as
chinchillas, hamsters and guinea pigs
which do not exceed 1,500 grams and
are derived from a self‐sustaining
captive population)
Ursidae Such as bears
Viverridae Such as mongoose, civets, genets
REPTILES
Crocodylia Such as alligators, crocodiles, gavials,
caimans
Squamata Lizards that are venomous or that
reach an adult length larger than 2
metres (6.56 feet)
Snakes that are venomous
Snakes of the families pythonidae and
boidae
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Testudines Such as terrapins, tortoises, turtles
(except turtles derived from a self‐
sustaining captive population)
BIRDS
Anseriformes Such as ducks, geese, swans,
screamers
Galliformes Such as pheasants, grouse, guinea
fowl, turkeys, chickens, pea fowl
Struthioniformes Such as ostriches, rheas, cassowaries,
emus, kiwis
Raptors Such as eagles, hawks, falcons, owls
• Any other exotic animals not specified above