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BYLAW NO. 11 - 2007
A BYLAW OF THE TOWN OF ELROSE TO PROVIDE FOR THE REGULATION CONTROL OF ALL
1 –1TITLE:This Bylaw shall be known as the “Animal Control Bylaw.”
1 – 2DEFINITIONS
In this bylaw the term:
BYLAW OFFICER…means the animal control officer or any person appointed or employed by council for the purpose of enforcing the provision of this Bylaw .
COUNCIL……………means council of the Town of Elrose.
COURT ………………means the Provincial Court of Saskatchewan established pursuant to The Provincial Court Act.
JUDGE ……………….means a judge of the Provincial Court of Saskatchewan or a justice of the peace.
MUNICIPALITY OR TOWN………………..means the “Town of Elrose”, Province of Saskatchewan.
(a)any person, persons, partnership, association or corporation who keeps, possesses, harbors, or has control of an animal; the person responsible for the custody of a minor where the minor is the owner of an animal.
PERSON means and includes individual(s), partnership, association, or corporation.
POUND………………..means the place designated by the Council for the purpose of safely lodging and securing animals seized pursuant to this Bylaw.
POUND KEEPER………means the Bylaw Officer or any person appointed by Council for the purpose of operating the pound.
PROVOCATION …….means an act done intentionally for the purpose
VETERINARIAN………means practicing Veterinarian.
CAT………………….means a male or female cat or male or female kitten over eight (8) weeks of age.
DOG…………………..shall mean and include every dog of either sex or neutered over the age of three (3) months.
(a)any dog, whatever its age of the following breeds or kinds
Or any dog o mixed breeding which can be identified through its physical characteristics as a dog partially of the above mentioned breeds or kinds by a veterinarian licensed to practice in Saskatchewan.
2 – 1 Licenses
(a)Every person residing within the Town and being the owner of a dog or cat within the Town shall dog or cat with the Town and shall obtain a license for the dog or cat from the Town.For the purpose of subsections (a) and (b) only, and notwithstanding any other provision of this ylaw, the term “owner of a dog cat” means that person who is normally in possession of the dog cat, and does not include a person who is temporarily looking after a dog cat in the owners absence.
A record of the license number, name and address of the owner will be kept at the Town Office.
(b)Licence Fees shall become due on January 1st of each year or at any time during the year immediately upon a person becoming a owner of a dog or cat andfees shall be:
For Each Neutered male……………..$ 10.00
Unneutered male………………… $ 25.00
For Each Spayed Female……………. $ 10.00
Unspayed Female ………………. $ 25.00
(c) All licenses issued under this ylaw shall expire on December 31, next following the date of issue, and shall be in a form size that can be attached to a dog collar.
(d)A dog and used as a guide shall be egistered and licensed asprovided in the ylaw but without charge.
(e)No person shall register or attempt to register a female as a male dog or cat.
2 –2 Wearing of Tags
Every owner who has obtained a license pursuant to sec. 2-1 of this ylaw shall attach the license to a collar worn by the dog cat for which the license has been issued
Upon satisfactory proof that the license tag originally issued has been lost, the Town Office shall issue a replacement tag
2 – 3 Limited Number of Animals included in this section)
No person shall keep, posses or harbour more than two (2) dogs that are over the age of three (3) months
2 – 4 Being at Large
(a)No dog shall be at large in the Town for the purpose of this ylaw.
(b)A dog shall be deemed to be running at large when it is beyond the boundaries of the land occupied by owner, possessor or harbore of the said dog or beyond the boundaries of any lands where it may be with the permission of the owner or occupant of the said land and when it not under control by being in direct and continuous charge of a person capable of controlling it by means of a leash attached to the collar or harness worn by the dog , securely confined within an enclosure, or securely fastened so that it cannot roam at will.
2 – 5 Seizing of
(a)Any found running at large contrary to the provisions of this ylaw may be taken by any person to the
Dog Pound by the Town.
(b)The Bylaw Officer or any person authorized by the Council, is hereby authorized to seize and capture by the use of a tranquilizer gun or other method authorized by Council, and impound any
dog running at large contrary to the provisions of this ylaw.
2 – 6
(a)No ownerof a dog shall permit the said to create a to the annoyance or discomfort of other persons residing in the neighbourhood, or to the public at large “Creating a shall include, but not be restricted to, loud and frequent barking, howling, yelping, whining, chasing vehicles or bicycles;
(b)Every female dog in heat shall be confined to the house or yard.
(c)For the purpose of this section a dog is being too loud if a person not situated on the property where the dog is can easily hear its barking, howling, , whining.
2 – 7 Dangerous
(a)Where a complaint is received by the Town that an animal within the Town is dangerous
2 – 8 Prohibition of Animals
(a)person keep, posses or harbor any within the corporation limits of the Town of Elrose
(a)If an animal defecates on any public or private property other than the property of the owner, possessor or harborer of the said animal,the owner, possessor or harborer of the animal shall cause such defecation to be removed immediately and disposed of in a sanitary fashion.Failure to cause such removal shall be an infraction of this Bylaw.
(b)Defecation deposited on the private property of the owner, possessor, or harborer of a dog or cat shall be removed and disposed of in a sanitary manner.
(c)A Bylaw Officer may serve an owner or occupant of private property with a notice to remove all animal feces from the property within 72 hours of service of the notice.
(d)If a notice under Subsection (c) is not served personally on an owner or occupant of private property, then a copy of the notice shall be sent by registered mail to the owner of the property at the mailing address shown on the last revised assessment roll of the Town.
(e)A notice served by registered mail is deemed to have been received on the fifth day following the date of its mailing.
(f)The Town may remove the feces from the property if:
(i) the person to whom the request is made fails to remove the feces within 72 hours; or
(ii) after reasonable inquiry, the whereabouts of the owner or occupant of the property cannot be determined.
(g)If the Town carries out the work under Subsection (f), the costs and expenses incurred are a debt due to the Town and the Town may recover the costs and expenses:
(i)by action in a court of competent jurisdiction;
(ii) in the same manner as municipal taxes; or
(iii) by adding the costs and expenses to, and thereby they form part of, the taxes on the land on which the work was done.
4 – 1 Pound keeper
(a)The council shall appoint a
n pound keeper who shall hold office at the pleasure of the Council.
(b)Any dogs or cats seized pursuant to this Bylaw shall be impounded and ke at a place approved by the Council.
(c)Whenever any dog with a collar and license tag is impounded, the Bylaw Officer shall forthwith deliver or cause to be delivered to or at the place of residence as shown by the record maintained by the Town Office, of the owner, posses or harbore a notice to the effect that unless the said dog is redeemed and the fees provided in this ylaw paid within fortyeight (48) hours from the time of delivery or mailing of said notice, the dog shall be sold, given away or destroyed.
(d)When any dog not wearing the said licence tag as provided by this ylaw is impounded, the Bylaw shall immediately post a notice in the Town Office, giving the description of the dog, the date and time when it was impounded and the date and hour when it will be sold, given away or destroyed at the discretion of the Bylaw r.Such note shall be posted at least forty-eight (48) hours before the said sale or destruction takes place.
(e)During the period of impounding of any dog or cat it shall be the duty of the pound keeper to supply such dog or cat with adequate food, water and heated shelter.
(f)No person shall break open or assist in breaking open any pound in which a dog may be impounded, or hinder or delay, or obstruct any person in the performance of their duties.
(a)Upon claiming a impounded pursuant to this ylaw, the owner of the shall pay to the Town the costs and expense of impounding and maintaining the established in Schedule “A” attached to and forming a part of this ylaw, and shall upon payment of the fee be entitled to remove the from the place where it is being kept.Such payments shall be made by cash, certified cheque or money order only, and shall be made in advance of release of the
(b)If an seized pursuant to this ylaw is not claimed, and the expenses named in subsection (a) are not paid in full within seventytwo (72) hours from the time the was impounded, it may be sold, given away, or destroyed at the discretion of the Bylaw Officer.
7 – 1 The Bylaw Officer or a Veterinarian may take immediate action to humanely destroy any sick or injured animal found within the Town where, in their opinion, immediate
ly destruction of the animal is necessary in order to avoid unnecessary suffering by the animal.
7 – 2Reasonable efforts shall be made to contact the owner of an animal before it is destroyed pursuant to section 7 – 1.However, no action lies against the Bylaw Officer or Veterinarian solely because the owner of the animal was not contacted.
5 – 1Any person who contravenes any of the provisions of this ylaw or fails tocomply therewith or with any notice given there under shall be liable to the penalties as hereinafter provided.
5 – 2The penalty for breach of any of the preceding sections shall be summaryconviction
part of this ylaw.
5 – 3Not withstanding any other provision of the ylaw, where a person has committed or is alleged to have committed a breach of any provision of the ylaw, a ticket in the form appearing as to this ylaw may be served on such person requiring him/her to pay to the Town such sum as indicated on the notice. If payment is received within thirty (30) days from the date of the issuance of the ticket, and accepted, then the person shall not be liable to further court action.
This Bylaw shall come into effect on the date of final passing.
Bylaw 04-01 passed October 9, 2001 being a bylaw to provide
or the prohibition of dangerous dogs, cats and the regulation
and control of all animals including licensing is hereby repealed.
FORMING A PART OF BYLAW NO 11-
BEING A BYLAW TO PROVIDE FOR THE REGULATION AND CONTROL OF ALL ANIMALS INCLUDING LICENCING
SECTION IV – COST OF IMPOUNDING AND MAINTAING
1.The cost of impounding and maintaining a shall be determined by taking the total cost of operating the pound and impounding animals (not including costs for euthanasia during the previous calendar year and dividing the total amount by the number of animals impounded during the year.The cost of impounding and maintaining cats shall not include the cost of any service provided by the Town specifically for the purpose of dog control; however the entire cost of such services shall be deemed to be a part of the cost of impounding dogs.
2.If the cost of impounding and maintaining a dog as calculated pursuant to subsection 1 exceed $100.00, the cost of impounding and maintaining a dog shall be deemed to be $100.00.
3.If the cost of impounding and maintaining a cat as calculated pursuant tosubsection 1 exceeds $50.00, the cost of impounding and maintaining a cat shall be deemed to be $50.00
4.In addition to the above costs if a dog does not have a current and valid licence issued pursuant to Section 2-1 of this ylaw, an additional charge of shall be levied to cover additional costs incurred by the Town in attempting to determine the name of the owner of the dog for the purpose of notifying the owner that his dog has been impounded.
5.In addition to the above costs, the actual cost of any veterinary careprovided to the dog or cat while it is impounded .
6.Subsequent offences within 12 months shall be charged the total costs, calculated as set out above for the subsequent offence, with the total costs of the subsequent offence doubled.
FORMING A PART OF BYLAW 11-
BEING A BYLAW TO PROVIDE FOR THE REGULATION AND CONTROL OF ALL ANIMALS INCLUDING LICENCING
SECTION VII – PENALTIES
SECTION OFFENCE PENALTY
2-1Failure to obtain a dog licence$100.00
adog licence on collar $100.00
2-3Exceeding the maximum number of dogs $100.00
2-4 being at large $100.00
2-5creating a $100.00
Keeping bees, livestock or poultry where not
DISOBEY A BYLAW OFFICER
1. It shall be offence for any person to harass, threaten, use excessive profanity, or to disobey a BylawOfficer, .
NO person, whether of not he is the owner of the dog or cat which is being or has been pursued or seized shall:
i.)Interfere with or attempt to obstruct a Bylaw Officer who is attempting to seize or has seized any in accordance with the provisions of this Bylaw.
ii.)Unlock or unlatch or otherwise open the vehicle in which seized under this Bylaw has been placed, so as to allow or attempt to allow any to escape therefore.
iii.)Remove or attempt to remove any from the possession of the BylawOfficer.
DISOBEY BYLAW OFFICER…………………….