By Rosalind Russell – The bylaw officer who oversees compliance in several communities along the North Shore Corridor says some clarification is needed about dogs running at large.
Richard Paquette of Rainbow District Animal Services and By-Law Enforcement, says
the issue that folks were also shouting about at last week’s Sables-Spanish Rivers Township council meeting was the amendment to the bylaw that was adopted last spring exempting farm dogs from prosecution when trespassing on their neighbours’ properties.
Paquette says he has asked it to be rescinded, and a new bylaw be adopted without the clause, as well as considering raising fines.
In his opinion, he believes the council thought by adopting the provision that the “active duty” clause would protect residents from nuisance dogs, but the way it is written, the owner only needs to qualify as a farmer to be exempt.
He adds three charges of dogs at large and trespassing on a neighboring property laid over the summer were recently withdrawn by the municipal prosecutor for “no reasonable prospect of conviction” as the dogs in question were covered by this exemption.
Paquette explains property owners who suffer trespassing farm dogs now have no recourse under the law and that that has led to the recent conflict.
The amendment request is expected to be dealt with by the council early in the new year.
Paquette also provided some of the legislation that guides the bylaw, and the enforcement.
Rainbow District Animal Services and By-Law Enforcement’s policy is to inform a citizen of the restrictions and their responsibilities under a by-law and direct them to resources to help them to comply.
We do not recommend a method of compliance such as suggesting a person must tie their dogs. Dogs do not need to be tied up on their owner’s own property in any of the jurisdictions we manage, unless a dog has been deemed a vicious dog under the bylaw or subject to restrictions under the Dog Owners Liability Act.
While the Ministry of Agriculture, Food and Agribusiness and Ministry of Rural Affairs (OMAFAMRA) Ontario Federation of Agriculture (OFA) and Ontario Sheep Farmers (OSF) have extensive information online regarding Livestock Guardian Dogs, none of these organizations seem to publish policies encouraging municipalities to adopt bylaws that exempt farm dogs from bylaws for being at large or trespassing.
Allowing your dog to be at-large or allowing them to trespass would not be normal farming practice.
OMAFAMRA has an extensive guide on their website regarding Livestock Guardian Dogs.
Similarly, the Ontario Sheep Farmers policy is simple, “A dog shall not be running at large if it is a LGD and is on their leased or owned property”.
The OSF suggests there be no limit on the number of dogs, which is already the case in the township, and they are exempt from licencing fees, requirements to wear tags and noise bylaws, which is not the case in the township.
“Roaming dogs create conflicts with neighbours and motorists and leave stock unprotected. Dogs that wander are also at a higher risk of being injured or killed.”
Similarly, the OFA in its Guide for Municipal Councillors and Staff simply warns against animal control by-laws which limit farmers’ ability to use livestock guardian dogs, or noise control/nuisance by-laws.
So, while there may be other Municipalities that have running-at large exemptions, this is not the position of any of the provincial organizations.
https://www.ontario.ca/document/livestock-guardian-dogs https://www.ontario.ca/document/livestock-guardian-dogs/selection-and-training#section-3 https://ofa.on.ca/resources/guide-for-municipal-councillors-and-staff/ https://coe-pub.escribemeetings.com/filestream.ashx?DocumentId=21239
Screenshot by Rosalind Russell
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