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Municipal dangerous dog confinement rules do not apply to a working livestock guardian dog.
The applicants, who operate a sheep and fowl farm, applied to the Normal Farm Practices Protection Board after their Livestock Guardian Dog (LGD) was designated a 'Dangerous Dog' under a municipal by-law following an incident where the dog bit a child who entered the barn at night.
The designation required the dog to be confined, leashed, and muzzled, preventing it from protecting the flock from predators.
The Board found that the applicants' use of the LGD, despite the dangerous dog designation, constituted a normal farm practice under the specific circumstances.
The Board ruled that the by-law's confinement, leashing, and muzzling requirements restricted this normal farm practice and therefore do not apply to the applicants while the dog is actively engaged as an LGD on their property.
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