New canine bylaw presented to council

A draft canine bylaw was presented to Southgate council June 19 that reflects changes in law at the provincial level among other changes.

Council was told that CEO Dina Lundy contacted a lawyer she had worked with in the past, who had expertise to draft the new bylaw.

The new bylaw was originally on the agenda to be voted on at the same meeting, but was delayed to allow some clarifications to be made.

Anyone who wishes to see the proposed bylaw in whole can find it attached to the council agenda for June 19, 2024.

A council member suggested that the delay would allow the public to find out more about what was proposed, and perhaps notice could be given on township social media.

The new communications officer replied that the township did not want to “shine too much of a light” on the bylaw.

Bylaws affecting dogs and dog breeders have certainly attracted attention and debate in Southgate in the past, as public input was invited.

An earlier version of the canine bylaw at Southgate took two years to hammer out during the 2014 to 2018 term of council, with many contentious meetings.

DRAFT BYLAW

Lawyer Paul Dray presented the bylaw to council last Wednesday afternoon. He has done many canine bylaws and also serves as an adjudicator of complaints, and so brought that experience to the job.

He provided anecdotes of difficulties faced elsewhere to illustrate the reason for some of the wording.

The bylaw review cost was not given. Mr. Dray said if he is invited back for a day to train those who will hear appeals, the cost would be roughly $2,000 for a day.

The fines for different bylaw offences will be reviewed and brought forward to a future meeting, the report said.

COMPLAINT BASIS

Council members asked about enforcement, and were told it would be done only on a complaint basis.

That question was raised by Coun. Jason Rice in relation to the bylaw giving the officer right of entry on property. It was clarified that did not apply to dwellings.

He still had concerns about what might happen “if you get the wrong bylaw officer – and we don’t even know some of ours.”

These include employees of Municipal Special Services. who were named when they were officially given authority to act. No representative of the company has addressed council publicly.

THREE DOG-LIMIT KEPT

Under the bylaw, no more than three dogs are allowed on a property or per house without a kennel licence.

That count includes licenced hunting dogs, working dogs, service dogs or guide dogs. (Vet clinics, licenced kennels, or pet stores are excluded).

That maintains the standard of the present bylaw.

Municipal politicians have heard concerns about canine bylaws as they affect livestock guardian dogs, but the three-dog limit is quite common.

At the 2023 annual meeting with agriculture representatives and municipal and provincial politicians, the Grey Bruce director with the Ontario Sheep Farmers said, “it’s important you work with us… We’ll help with guidelines, as predation is one of our greatest challenges.”

MUZZLE ORDERS

Muzzle and control orders respond to a dog that has bitten or attacked a person or domestic animal, or behaved in a way that poses a menace to their safety.

These require securely restraining the dog on its home property and muzzling it in any other place, installing a warning sign on the property, and having the dog micro-chipped and sterilized. The dog must be in the care of someone over 16 who is physically able to control it.

The order is in effect when served, but the owner has 15 days to make a written request for a hearing.

The body that will hear appeals of muzzle and control orders at present is the property standards committee of council.

If the order is upheld, the dog must be micro-chipped and sterilized within 30 days of that decision.

OWNER BEHAVIOUR

The bylaw lays out behaviour that often leads to complaints to the township.

Among these:

-the bylaw prohibits owners from allowing persistent barking or biting or behaving as a menace to people or other domestic animals. The bylaw forbids owners from allowing their dogs to be off-leash when not on their own property except by permission of the land owner.

-the owner is prohibited from leaving dog excrement lying on their own property or anywhere else. The removal must be “timely” for your own property and “immediate” in public.

-the owner is responsible for the dog’s behaviour, even if it is under someone else’s care at the time.

-dog owners are to contact the township office if they move, if the dog dies, or if it has bitten, attacked or menaced a person or other domestic animal.

M.T. Fernandes, Local Journalism Initiative Reporter, Dundalk Herald