aspect of creating impactful changes to the by-law, as these changes should encompass all breeds and situations.

The Town of Caldeon is currently in the process of updating their animal control by-law in relation to extreme weather conditions. Their proposed language is as follows:

3.2 No owner shall permit their animal to remain outside during unsafe weather which, in the opinion of a Town designate, may pose a risk to the animal with the exception of where such animal is outside for a short period of time and supervised by its owner or has access to a shelter which provides adequate protection

It is the town of Caldeon’s opinion that this language allows for a number of weather conditions to be included in enforcement practices while at the same time allowing for some discretion from enforcement officers in cases of outdoor dogs or weather-bred breeds. Adding the language regarding supervision assists in the ease of enforceability as officers can clearly discern whether the pet’s owner is with them. This assists in mitigating other issues with setting strict time limits, such as actually proving non-compliance. The strength of enforcement is more likely to be upheld if challenged in a legal arena as a simple set of photos or a short video will be able to identify clearly, if the pet was left alone and what type of breed the pet is – as well as weather conditions on the date in question.

As discussed above, it is not yet common practise to implement language regarding extreme weather in by-laws. Those who have attempted to enact such time-based limits have received challenges regarding the issues already discussed. The main issues include lack of (or difficult) enforceability, breed specific exemptions and lack of compliance from irresponsible pet owners. These issues will ultimately play a role in Windsor’s discussion as well. The Caldeon example allows for a greater level of discretion in relation to outdoor animals or animals bred for specific climates. Although there is no set time limit in their example, any enforcement officers have greater discretion in determining what constitutes an animal in distress due to weather circumstances. Of course, in matters of discretion there is always room for mistakes or complaints to be made as the by-law would not have specific guidelines in which to follow.

In June of 2018 the Ontario SPCA sent a letter to Municipal Clerk’s across Ontario lobbying for a change in by-law language to include prohibitions against leaving animals in vehicles. The communication is attached as ‘Appendix A’ to this report and includes suggested language to add to existing by-laws. The PAWS Act includes language relative to dogs in motor vehicles which does incorporate many of the changes requested in the OSPCA correspondence mentioned above. Council may choose to include this language in the Keeping of Animals by-law but should note that a change to the City’s Keeping of Animals by-law shifts the onus of responsibility to the City’s By-