Bylaw 11 - 2007 For the Regulation and Control of All Animals

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TOWN OF ELROSE

 

BYLAW NO. 11 - 2007

 

 

A BYLAW OF THE TOWN OF ELROSE TO PROVIDE FOR THE REGULATION ANDCONTROL OF ALL ANIMALS.

 

SECTION 1 – TITLE AND DEFINITIONS

 

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 .

CLERK……………….means the administrator of the Town of Elrose.

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.

OWNER……………… means:

(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 of provoking an animal to which this Bylaw applies.

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.

PROHIBITED DOG means:

(a)any dog, whatever its age of the following breeds or kinds:

(I)American Staffordshire Terrier

(II)Staffordshire Bull Terrier

(III)Bull Terrier

(IV)Pit Bull Terrier

(V)American Pit Bull Terrier

(VI)Pit Bull

(VII)Rotweiler

(VIII)Doberman Pinscher

(IX)Doberman

(X)Rhodesian Ridgeback

Or any dog of 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.

 

(b)any dog that is believed to be a “dangerous animal”.

 

DANGEROUS ANIMAL means:

 

(a)any animal, without provocation, in a vicious or menacing manner, chases or approaches a person or domestic animal in an apparent attitude of attack;

 

(b)any animal with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise threaten the safety of persons or domestic animals;

 

(c)any animal that, without provocation, has bitten, inflicted injury, assaulted or otherwise attacked a person or domestic animal;

 

(d)any animal which is owned primarily or in part for the purpose of dog fighting or is trained for fighting.

 

 

SECTION II – CONTROL AND LICENSING OF ANIMALS

 

2 – 1 Licenses

 

(a)Every person residing within the Town and being the owner of a dog or cat within the Town shall cause each such dog or cat to be registeredwith the Town Office and shall obtain a license for the dog or cat from the Town Office.For the purpose of subsections (a) and (b) only, and notwithstanding any other provision of this Bylaw, the term “owner of a dog or cat” means that person who is normally in possession of the dog or cat, and does not include a person who is temporarily looking after a dog or cat in the owners absence.

 

At the time of registering, the applicant shall provide the Town Office with a physical description of the animal (breed, gender, name, color, coat, age), whether the animal has previously been declared or investigated as being dangerous or any other relevant information required by the Town Office, a rabies certificate valid for the registration year, and the name, address and telephone number of the owner of the animal.

 

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 an owner of a dog or cat, and failure to do so shall constitute an offence under this Bylaw.License fees shall be:

 

For Each Neutered male……………..$ 10.00

Unneutered male………………… $ 25.00

For Each Spayed Female……………. $ 10.00

Unspayed Female ………………. $ 25.00

 

 

 

 

 

The sum payable for a registration fee required after July 31 in a calendar year shall be calculated at a prorated amount of months left in the calendar year and shall expire on the 31st day of December in the same calendar year

 

(c) All licenses issued under this Bylaw 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 or cat collar.

 

(d)A dog with proof that it has been professionally trained to assist the physically challenged or those suffering from chronic, life-threatening diseases including but not limited to epilepsy, diabetes, blindness, wheelchair confinement, and used as a guide shall be registered and licensed asprovided in the Bylaw but without charge.

 

(e)No person shall register or attempt to register a female as a male dog or cat.

 

(f)Any license issued by the Town shall not be transferred to another animal.

 

(g)The provisions of this section shall not apply to dogs and/or cats kept, in the ordinary course of business by the proprietors of the following premises:

 

a.a veterinary hospital, clinic, boarding kennel or grooming parlor;

b.a public pound;

c.a shop whose business includes the sale of pets;

d.a shelter operated by an association or society incorporated for the purpose of protection and humane treatment of animals.

 

(h)A person residing in the Town who owns, possesses, keeps or harbors a dog or cat and neglects or refuses to register or pay any applicable registration fee shall be subject to the penalties as outlined in Schedule ‘C” of this Bylaw.

 

 

2 –2 Wearing of Tags

 

Every owner who has obtained a license pursuant to sec. 2-1 of this Bylaw shall attach the license to a collar worn by the dog or cat for which the license has been issued and have the licensed displayed on the animal at all times, and failure to do so shall constitute an offence under this Bylaw and shall be subject to the penalties as outlined in Schedule ‘C” of this Bylaw.

 

Upon satisfactory proof that the license tag originally issued has been lost, the Town Office shall issue a replacement tagand the owner shall be responsible for the replacement costs.

 

This section shall not apply while a cat or dog is participatingin a recognized cat or dog show, obedience trial or field trial, or where an electronic identification microchip has been implanted in the animal and the identification information related to the microchip has been provided to the Town.

 

2 – 3 Limited Number of Animals included in this section)

 

No person shall keep, possess or harbour more than two (2) dogs and/orthree (3) cats that are over the age of three (3) months, and any person who does is deemed to have failed or refused to comply with the provisions of this section and shall be subject to the penalties as outlined in Schedule ‘C” of this Bylaw.

 

 

2 – 4 Being at Large

 

(a)No dog or cat shall be at large in the Town for the purpose of this Bylaw.

 

(b)A dog or cat shall be deemed to be running at large when it is beyond the boundaries of the land occupied by owner, possessor or harborer of the said dog or cat,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 is 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 or cat, securely confined within an enclosure, or securely fastened so that it cannot roam at will.

 

(c)When a dog or cat is found to be running at large, its owner is deemed to have failed or refused to comply with the provision of this section and shall be subject to the penalties as outlined in Schedule ‘C” of this Bylaw.

 

(d)Where a dog or cat is found to be running at large, the owner or occupant of that property on which the dog or cat is running at large may make a written complaint to the Bylaw Officer.

 

 

2 – 5 Seizing of Animals

 

(a)Any animal found running at large or creating a disturbance contrary to the provisions of this Bylaw may be taken by any person to the Dog Pound designatedby the Town.

 

(b)The Bylaw Officer or any person authorized by the Council, is hereby authorized to enter onto land surrounding any building in pursuit of any animal which has been observed to be at large and to seize and capture, by the use of a tranquilizer gun or other method authorized by Council, and impound any dog animal running at large contrary to the provisions of this Bylaw.

 

2 – 6 Nuisances Prohibited

 

(a)No owner, possessor, or harborer of a dog or catshall permit the said animal to create a nuisance to the annoyance or discomfort of other persons residing in the neighbourhood, or to the public at large. “Creating a nuisance shall include, but not be restricted to, loud and frequent barking, howling, yelping, whining, growling, meowing, or hissing; attempting to bite or biting anyone or any domestic animal; chasing vehicles or bicycles; causing damage to any property; urinating, defecating or spraying on or otherwise damaging or interfering with any property other than the property of the owner, possessor, or harborer;

 

(b)Every female dog in heat shall be confined to the house or yard.

 

(c)For the purpose of this section a dog or cat is being too loud if a person not situated on the property where the dog or cat is can easily hear its barking, howling, yelping, whining, growling, meowing, or hissing.

 

(d)Any owner of a dog or cat who fails to immediately restrain and remove the animal upon it becoming a nuisance is guilty of an offence and shall be subject to the penalties as outlined in Schedule ‘C” of this Bylaw; and in such event, a pound keeper or Bylaw Officer may seize and impound the animal.

 

 

2 – 7 Dangerous Animals

 

(a)Where a complaint is received by the Town that an animal within the Town is dangerous, The Municipalities Act, S.S. 2006, c. M-36.1 shall apply, and in particular, but not limited to, “Division 5 Dangerous Animals”.

 

 

2 – 8 Prohibition of Animals

 

(a)Any person who keeps, possesses, or harbors any prohibited dog, dangerous animal, or any animal believed to be a dangerous animal within the corporation limits of the Town of Elrose is guilty of an infraction of this Bylaw and shall be subject to the penalties as outlined in Schedule ‘C” of this Bylaw.

 

 

 

 

2 – 9 Rabies and Other Diseases

 

(a)Any dog or cat suspected of having rabies shall not be killed but shall be secured and isolated for seven (7) days and the matter immediately reported to a veterinarian whose instructions shall be complied with;

 

(b)An owner, possessor, or harborer of a dog or cat who neglects or refuses to comply with any order of the veterinarian shall be guilty of an infraction of this Bylaw, and shall be subject to the penalties as outlined in Schedule ‘C” of this Bylaw.

 

 

 

SECTION III – ANIMAL LITTER

 

3-1Animal Litter:

 

(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.

 

 

 

SECTION IV – POUND

 

4 – 1 Pound keeper

 

(a)The council shall appoint an 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 kept at a place approved by the Council.

 

(c)Whenever any dog or cat 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, possessor or harborer a notice to the effect that unless the said dog or cat is redeemed and the fees provided in this Bylaw paid within forty-eight (48) hours from the time of delivery or mailing of said notice, the dog or cat shall be sold, given away or destroyed.

 

(d)When any dog or cat not wearing the said licence tag as provided by this Bylaw is impounded, the Bylaw Officer shall immediately post a notice in the Town Office, giving the description of the dog or cat, the date and time when it was impounded, and the date and hour when it will be sold, given away or destroyed will be at the discretion of the Bylaw Officer.Such notice 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 or cat may be impounded, or hinder or delay, or obstruct any person in the performance of their duties.

 

 

 

 

 

 

 

SECTION V – RELEASE

 

6 - 1Release:

 

(a)Upon claiming an animal impounded pursuant to this Bylaw, the owner of the animal shall pay to the Town the costs and expense of impounding and maintaining the animal established in Schedule “A” attached to and forming a part of this Bylaw, and shall upon payment of the fee be entitled to remove the animal 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 animal .

 

(b)If an animal seized pursuant to this Bylaw is not claimed, and the expenses named in subsection (a) are not paid in full within seventy-two (72) hours from the time the animal was impounded, it may be sold, given away, or destroyed at the discretion of the Bylaw Officer.

 

 

SECTION V1 – HUMANE DESTRUCTION OF SICK AND INJURED ANIMALS

 

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, immediately 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, harborer, or possessor of the animal was not contacted.

 

 

SECTION V11 – BEES, LIVESTOCK AND POULTY

 

8 – 1For purposes of this section, the following definitions shall apply:

 

(a)“bees” -means the insect Apis mellifera, or any insects which store up the pollen of flowers for food or that make honey and wax.

 

(b)“livestock” – means any domestic animal usually raised for sale and profit, including but not necessarily limited to:

 

i.An animal as defined in s. 2(b) of The Stray Animal Act; or

ii.An animal as defined in s. 2 and 3 of The Stray Animals Regulations, 1999.

 

(b)“poultry” – means:

 

i.Domestic fowl usually propagated and fattened for the table and for their eggs, feathers, etc., including but not limited to chickens, geese, ducks, turkeys, guinea fowl; or

 

ii.Pigeons of the species Columa Livia commonly known as the domestic pigeon and includes pigeons raised for the purpose of racing, show, table and pets and includes feral pigeons.

 

No person shall possess, harbour, or confine bees nor operate an apicultural operation within the limits of the Town.

 

No person shall possess, harbour, confine, herd, graze or allow to graze any livestock or poultry within the limits of the Town.

 

Excluded shall be livestock and poultry brought into Town for the duration of a special event at which the said livestock and poultry will be used for purposes of exhibition or performing at a special event.

 

 

SECTION V 111– PENALTIES

 

5 – 1Any person who contravenes any of the provisions of this Bylaw 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 for the sum set out in Schedule “C” attached to and forming

part of this Bylaw.

 

5 – 3Not withstanding any other provision of the Bylaw, where a person has committed or is alleged to have committed a breach of any provision of the Bylaw, a ticket in the form appearing as Schedule “B” to this Bylaw may be served on such person requiring him/her to pay to the Town such sum as indicated on the notice. The ticket may be served by any Bylaw Officer or Peace Officer, and a person to whom a ticket is being issued pursuant to this section shall furnish his/her name, address, and date of birth upon request.If payment is received by the Town Office 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.If payment is not received, the person shall be liable on summary conviction for the penalties provided, notwithstanding that the animal in connection with which the offence was committed has been seized, impounded, sold, destroyed or otherwise disposed of.

 

5 - 5General Penalty:

A person who contravenes any provision of this Bylaw or neglects or refuses to comply therewith shall be guilty of an offence and liable upon summary conviction to a fine not exceeding $5,000.00, or imprisonment for not more than 6 months, or both.In the case of a corporation, the fine shall not exceed $15,000.00, or the directors of the corporation shall be subject to imprisonment for not more than 6 months, or both.

 

 

SECTION IX – SEVERABILITY

 

9 – 1A decision of the Court that one or more of the provisions of this Bylaw are invalid in whole or in part does not affect the validity, effectiveness, or enforceability of the other provisions or parts thereof with respect to this Bylaw.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This Bylaw shall come into effect on the date of final passing.

 

Bylaw 04-01 passed October 9, 2001 being a bylaw to provide

for the prohibition of dangerous dogs, cats and the regulation

and control of all animals including licensing is hereby repealed.

 

 

____________________

MAYOR

 

_____________________

ADMINISTRATOR

 

 

 

SCHEDULE “A”

 

FORMING A PART OF BYLAW NO 11-2007

 

BEING A BYLAW TO PROVIDE FOR THE REGULATION AND CONTROL OF ALL ANIMALS INCLUDING LICENCING

 

 

SECTION IV – COST OF IMPOUNDING AND MAINTAING ANIMALS

 

1.The cost of impounding and maintaining an animal 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 or cat does not have a current and valid licence issued pursuant to Section 2-1 of this Bylaw, an additional charge of $30.00 shall be levied to cover additional costs incurred by the Town in attempting to determine the name of the owner of the dog or cat for the purpose of notifying the owner that his dog or cat 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 shall be added.

 

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.

 

 

 

 

 

 

SCHEDULE “C”

 

FORMING A PART OF BYLAW 11-2007

 

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 or cat licence$100.00

2-2Failure to wearadog or catlicence on collar $100.00

2-3Exceeding the maximum number of dogs or cats$100.00

2-4Animal being at large $100.00

2-5Animal creating a nuisance $100.00

2-6Prohibited Animals $1,000.00

2-7Failure to comply re: Rabies or diseased Animals $500.00

2-8Failure to remove defecation$100.00

2-9Keeping bees, livestock or poultry where not

permitted$100.00

 

 

DISOBEY A BYLAW OFFICER

 

1. It shall be an offence for any person to harass, threaten, use excessive profanity, or to disobey a BylawOfficer, including but not limited, failing to provide his/her name, address and date of birth upon request.

 

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 animal in accordance with the provisions of this Bylaw.

 

ii.)Unlock or unlatch or otherwise open the vehicle in which any animal seized under this Bylaw has been placed, so as to allow or attempt to allow any animal to escape therefore.

 

iii.)Remove or attempt to remove any animal from the possession of the BylawOfficer.

 

PENALTY:

 

DISOBEY BYLAW OFFICER……………………. $300.00

 

 

 

____________________________

MAYOR

 

 

____________________________

ADMINISTRATOR