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B Y - L A W N U M B E R 374-2004
A BY-LAW TO FURTHER AMEND BY-LAW 245-2004 BEING A BY-LAW FOR THE REGISTRATION AND LICENSING OF DOGS AND FOR
THE CONTROL OF DOGS GENERALLY WITHIN THE CITY OF WINDSOR
Passed the 22nd day of November, 2004.
WHEREAS it is deemed expedient to further amend By-law Number 245-2004, being a By-law for the Registration
and Licensing of Dogs and for the Control of Dogs Generally Within the City of Windsor, to ensure the correct and complete
implementation of the actions of Council;
THEREFORE the Council of the Corporation of the City of Windsor enacts as follows:
1. That By-law 245-2004 be amended by deleting Section 1.(a), 1.bb), 3., 3.(a), 16., 19. a), b), c), d),
e), f), 20., and 26. (j), 28. (a),(b), (c), (d) and substituting the following therefore:
"1. a)"Appeal Committee" means the Windsor Licensing Commission."
"1. bb) "pit bull" includes:
(i) a pit bull terrier,
(ii ) a Staffordshire Bull Terrier,
(iii) an American Staffordshire Terrier,
(iv) an American pit bull terrier,
(v) any dog that has the appearance and physical characteristics predominantly conforming to the standards
for any of the above breeds, as established by the Canadian Kennel Club or the American Kennel Club or the United Kennel Club or as determined by a veterinarian licensed to practice in Ontario."
"3. Every guardian shall within ten days of becoming the guardian of a dog two months of age or older obtain
a licence for each such dog and pay a licence fee for each such dog in accordance with Columns (1) and (2) of Schedule "A"
to this by-law.
a) Every guardian of a dog, shall obtain a licence for each dog, every year thereafter, before the 1st
of May in every year."
"16. If an Animal Control Officer designates a dog as a potentially dangerous dog, the Animal Control Officer shall
serve a Dangerous Dog Notice upon the Guardian, requiring the Guardian, upon receipt of such notice, to comply with such of
the following requirements deemed necessary by the Animal Control Officer:"
BY-LAW NO. 374-2004 - 2 -
"19. If a guardian receives notice from an Animal Control Officer designating his or her dog to be any one or more of a
potentially dangerous dog or a dangerous dog or a restricted dog or a prohibited dog, and so requests in writing to the Licence
Commissioner within three working days of receipt of such notice, the Appeal Committee shall hold a hearing pursuant to the
provisions of the Statutory Powers Procedure Act within 15 working days of the Licence Commissioner’s receipt
of the request for a hearing and may:
a) Affirm or rescind the Animal Control Officer’s designation of the dog as a potentially dangerous dog or as a dangerous
dog or as a restricted dog or as a prohibited dog, as the case may be;
b) Substitute its own designation of the dog as a potentially dangerous dog or as a dangerous dog or as a restricted dog
or as a prohibited dog, as the case may be; and/ or
c) Substitute its own requirements of the guardian of a potentially dangerous dog pursuant to section 16 (a) through (f).
d) Substitute its own requirements of the guardian of a dangerous dog pursuant to section 17 (a) through (e).
e) Substitute its own requirements of the guardian of a restricted pit bull pursuant to section 26 (a) through (l).
f) Substitute its own requirements of the guardian of a prohibited dog pursuant to section 26 (a) through (l).
"20. An Animal Control Officer may either on his or her own initiative or as a result of information received by him or
her from any source conduct an inquiry into whether a dog should be designated a potentially dangerous dog or as a dangerous
dog or as a restricted dog or as a prohibited dog, as the case may be;"
"26. Restricted dog notice - owner requirements
Where the Animal Control Officer designates a dog as a restricted dog, and serves the owner with notice of such designation,
the owner shall comply with such of the following requirements as set out in the notice:
(j) A guardian shall have his or her restricted dog spayed or neutered. A guardian shall notify the Licensing & Enforcement
Service Unit within two (2) working days of whelping in the event that the restricted dog has a litter. If the animal was
pregnant when the by-law takes effect it shall thereafter be spayed or neutered. The owner shall deliver the offspring to
the Essex County Humane Society within six (6) weeks of whelping to be disposed of in a humane manner;"
BY-LAW NO. 374-2004 - 3 -
"28. Notice - requirements
The notices referred to in Sections 26 and 27, inclusive, shall include:
(a) a statement that the Animal Control Officer has reason to believe that the dog is a potentially dangerous, dangerous,
restricted dog or prohibited dog, as the case may be;
(b) the requirements that the owner must comply with in accordance with this section and when such requirements take effect;
(c) where the Animal Control Officer has designated the dog as a prohibited dog, a statement that the dog will be disposed
of in a humane manner; and
(d) a statement that the owner may request in writing, within three (3) working days of receipt of the Animal Control Officer’s
notice, and is entitled to a hearing by the Appeals Committee may affirm or rescind the Animal Control Officer’s designation
of the dog as potentially dangerous dog, dangerous dog, restricted dog or prohibited dog, as the case may be, and which committee
may substitute its own designation or its own requirements of the owner of a potentially dangerous dog , dangerous dog, restricted
dog or prohibited dog pursuant to Sections 18 and 19."
EDDIE FRANCIS, MAYOR
DEPUTY CLERK
First Reading - November 22, 2004
Second Reading - November 22, 2004
Third Reading - November 22, 2004
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