Dog Off-leash Areas By-law - PH-7

By-law PH-7

A by-law to establish and regulate a park in which dogs can run at large in the.

Whereas by-laws may be passed by the Councils of all municipalities for establishing and laying out public parks and for exercising all of the powers that are conferred on boards of park management by the Public Parks Act pursuant to paragraph 52 of section 207 of the Municipal Act;

And whereas by-laws may be passed by the councils of local municipalities for regulating the running at large of dogs within any defined area of the municipality pursuant to paragraph 13 of section 210 of the Municipal Act;

The Municipal Council of enacts as follows:

1. “Dogs Off-Leash Area” shall mean an area of land designated in this by-law for which signs are posted by the indicating that dogs are permitted to run at large.

1.1 “owner” includes any person who owns, keeps, possesses, harbours or acts as a guardian of a dog for any length of time, whether or not that person has a licence for the dog, and, where the owner is a minor, the person responsible for the custody of the minor.

1.2 Dogs Off-Leash Areas are hereby established on those lands as outlined in Schedule “A” of this By-law.

2. (1) Subject to subsection 2(1.1), a dog owner may permit their dog licensed under By-law PH-4, as amended, or any successor by-law thereto, to run at large in a Dogs Off-Leash Area.

(1.1) Owners of dogs whose dogs are required to be muzzled, including Pit Bulls as defined in the Dog Owners’ Liability Act, may not permit the dog that is required to be muzzled to run at large in a Dogs Off-Leash Area.

(2) Section 3.3 and 4.10 of By-law PH-4, as amended, shall not apply to persons who permit their dogs to run at large in accordance with subsection (1).

(3) No person shall permit a dog to run at large pursuant to subsection (1) unless that person is in the area signed to permit the running at large of dogs and within sight of the dog at all times.

(4) A Dogs Off-Leash Area is a designated leash-free area for the purposes of Section 3.1(36) of Parks By-law PR-2, as amended.

3. No person shall remain in a Dogs Off-Leash Area between the hours of 10:00 p.m. and 6 a.m. of the following day.

4. No person shall play or practice any sporting activity except walking within a Dogs Off-Leash Area.

5. No person shall convey to or on, or enter or be on any area in a Dogs Off-Leash Area while in the possession of any bottles, containers or any other articles, equipment, or utensils, made of glass, china, ceramic or other breakable substance capable of causing injury to a dog.

6. No person shall permit any animal other than a dog of which he is the owner to be at large in a Dogs Off-Leash Area.

7. (1) Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act.

(2) The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation of repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted.

(3) Each person who contravenes any provision of this By-law shall, upon issuance of a penalty notice in accordance with the Administrative Monetary Penalty System By-law A-54, be liable to pay the City an Administrative Monetary Penalty.

7.1 The Short title of this By-law is “Dogs Off-Leash Areas By-law”.

8. This by-law shall come into force and effect on or after the 5th day of August, 1997 when signs have been erected and are on display permitting dogs to run at large in accordance with section 2 of this by-law.

PASSED in Open Council on August 5, 1997.