Windsor By-law 245-2004, s. 1 — For the purposes of this by-law

For the purposes of this by-law:

a ) “Appeal Committee” means the Windsor Licensing Commission. (substituted B/L 374-2004, dated Nov. 22, 2004)

• b) “Animal Control Officer” means any person designated as an Animal Control Officer by the City for the purposes of this By-Law or the Licence Commissioner or his/her designate or the Chief of Police or his/her designate;
• c) “Blind person” means a person who because of blindness is dependent on a guide dog or a white cane;
• d) “Certificate” means a certificate, confirmation or other report, in writing, of a veterinary surgeon evidencing that a particular dog therein identified has been spayed or neutered (as the case may be);
• e) “Chief of Police” means the Chief of Police of the City, and includes his or her duly authorized representatives;
• f) “City” means The Corporation of the City of Windsor;
• g) “Control” means that a dog is on a lead not exceeding three metres in length, under the control of a responsible person or is otherwise physically restrained. Sound or voice command is not deemed control under this by-law;
• h) “Council” means the Council of the City; BY-LAW NO. 245-2004 - 2 -
• i) “Dangerous Dog”:
• i. means a dog that, in the absence of any mitigating factor has attacked, bitten, or caused injury to a person or has demonstrated a propensity, tendency or disposition to do so;
• ii. means a dog that, in the absence of any mitigating factor, has significantly injured a domestic animal; or
• iii. means a dog, previously designated as a potentially dangerous dog, that is kept or permitted to be kept by its guardian in violation of the requirements for such dog;
• j) “Dog” means a domesticated canine animal, male or female, two months of age and older;
• k) “Dwelling” means one room or a group of rooms in a building used or designed or intended to be used by a person or persons as a single, independent and separate housekeeping establishment, and includes the lot used in conjunction with it.
• l) “Handicapped person” means a person who is permanently confined to a wheelchair or restricted to the permanent use of crutches or braces;
• m) “Harbour” means having care or control of a dog;
• n) “Issuer” means the Licence Commissioner, and any person or organization authorized by the Licence Commissioner of the City of Windsor to accept dog registrations and issue dog licences; (amended B/L 39-2006, Feb.27/06)
• o) "Leash" means a chain, rope or other device used to restrain a dog, affixed to a collar and of not more than one and one-half metres in length;
• p) "Licence" means a licence issued by an Issuer;
• q) “Licence Commissioner” means the person or persons designated by a by-law or by- laws of The Corporation of the City of Windsor from time to time as a Licence Commissioner or as a Deputy Licence Commissioner to whom the Licence Commissioner has delegated the powers and duties of this position. (amended B/L 39- 2006, Feb. 27/06)(amended B/L 33-2010, Feb. 22/10)
• r) “Mitigating Factor” means a circumstance which excuses aggressive behaviour of a dog and without limiting the generality of the foregoing, may include circumstances where:
• i. the dog was, at the time of the aggressive behaviour, acting in defence to an attack from a person or domestic animal;
• ii. the dog was, at the time of the aggressive behaviour, acting in defence of its young or reacting to a person or domestic animal trespassing on the property of its guardian; or
• iii. the dog was, at the time of the aggressive behaviour, being teased, provoked or tormented;
• s) “Municipality” means the City;
• t) “Municipal Pound” means a pound maintained on behalf of the City;
• u) “Muzzle” means a humane fastening or covering device placed over a dog’s mouth and of sufficient strength to prevent the dog from biting;
• v) “Guardian” means any person who owns, keeps, possesses or harbours a dog or dogs and “own”, “owns” or “owned” have a corresponding meaning, and where the guardian is a minor means the parent, guardian or person having custody of the minor;
• w) “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 guardian, in a menacing fashion or apparent attitude of attack, including, but not limited to, behaviour such as growling or snarling; BY-LAW NO. 245-2004 - 3 -
• x) "Pound" means premises that are used for the detention, maintenance or disposal of dogs that have been impounded pursuant to a by-law of the municipality, but does not include any premises, or part thereof, that are not used by any person or body of persons, including the Ontario Society for the Prevention of Cruelty to Animals or any society affiliated therewith, for the detention, maintenance or disposal of dogs so impounded;
• y) “Pound Keeper” means the person or organization responsible for maintaining the pound on behalf of the Municipality for the purpose of enforcing and carrying out the provisions of this by-law.
• z) “Premises” means lands, buildings or any structures;
• aa) “Purebred Dog” means a dog that is registered or eligible for registration with an association incorporated under the Animal Pedigree Act (Canada).
• bb) “ pit bull ” includes: