Interpretation
(a) "Animal" means all species of wildlife, but does not include humans, fish or aquatic invertebrates.
aquatic.
(b) "cat" means a male or female domestic cat.
(c) "Cattery" means a breeding and/or boarding facility for cats.
(d) "dangerous dog" means any individual dog
(i) who has killed a domestic animal without provocation while off the property of its
owner;
(ii) that has bitten or injured a human being or domestic animal without provocation
on public or private property
(iii) that is trained to attack
(iv) that is held for the purpose of security or protection, whether residential, commercial or industrial, of persons or property
residential, commercial or industrial, of persons or property
(v) that has shown a disposition or tendency to be threatening or aggressive
(e) "dog" means a male or female domestic dog.
(f) "Inspector" means a person designated by the Municipality to be responsible for the enforcement of this by-law.
(f) "Inspector" means a person designated by the municipality to be responsible for the enforcement of this by-law.
(g) "Kennel" means a dog breeding and/or boarding establishment.
(h) "Microchip" means a coded electronic device implanted in an animal by or under the supervision of a veterinarian, which contains a unique code number providing information about the owner that is stored in a central database.
(i) "Muzzle" means a humane fastening or covering device of sufficient strength over the mouth of an animal to prevent it from eating.
(j) "Muzzle" means a human fastening or covering over the mouth of an animal to prevent it from biting.
(j) "Owner" means any person, partnership, association or corporation that owns,
owns or has control, care or custody of an animal.
(k) "Animal at large" means an animal not on the property of its owner and not on a leash and/or in the custody of its owner.
Supply of Requirements
(1) Every person keeping an animal in the municipality shall provide or cause to be provided:
(a) clean, fresh drinking water at all times and suitable food in sufficient quantity and quality to permit normal and healthy growth and maintenance of a normal and healthy body weight;
(b) food and water containers that are kept clean and disinfected and placed in such a manner as to prevent contamination by feces
(c) the opportunity for periodic exercise sufficient to maintain good health, including the opportunity not to be confined in a fixed area and to exercise regularly under appropriate supervision; and
(d) necessary veterinary care when the animal shows signs of pain, illness, or suffering ;
(2) Any person who keeps an animal that normally resides outdoors or is kept outdoors unattended for extended periods of time shall ensure that the animal has an enclosure that meets the following criteria:
(a) a total area at least twice the length of the animal in all directions ;
(b) a house or shelter that provides protection from heat, cold and moisture, appropriate to the animal's weight and coat type. Such shelter shall be large enough to allow the animal to turn around freely and lie down in a normal position;
(c) in an area with sufficient shade to protect the animal at all times from direct sunlight; and
(d) enclosures and running areas shall be regularly cleaned and disinfected, and excrement shall be removed and disposed of properly on a daily basis.
(3) No person shall cause an animal to be harnessed, tethered or attached to a fixed object where a choke collar or chain is part of the tethering device, or where a rope or cord is tied directly around the neck of the animal.
(4) No person shall cause an animal to be tethered to a fixed object as the primary means of confinement for an extended period of time.
(5) No person shall confine an animal in an enclosed space, including a car, without adequate ventilation.
(6) No person shall transport an animal in a vehicle outside the passenger compartment unless the animal is properly enclosed or secured by a harness or other adequate means of attachment to prevent the animal from falling out of the vehicle or otherwise injuring itself.
Unsanitary Conditions Prohibited
No person shall keep an animal in unsanitary conditions within the municipality. Conditions are considered unsanitary where the keeping of the animal results in an accumulation of fecal matter, odour, insect infestation or rodent attraction that endangers the health of the animal or any person, or that disturbs or is likely to disturb the enjoyment, comfort or convenience of any person in or about a dwelling, office, hospital or commercial establishment.
Dogs and Cats
- Owner's responsibilities
(1) If a dog or cat defecates on public or private property other than that of its owner, the latter must have the excrement removed immediately.
(2) No owner shall suffer, permit, allow or for any reason cause his animal to bark, howl or meow excessively or in any other way to disturb the tranquility of any person.
(3) No owner of a dog shall allow his animal, without provocation:
(a) pursue, bite or attack a person
(b) chase, bite or attack a domestic animal
(c) damage public or private property
(4) The straying of dogs or cats is prohibited on the territory of the municipality, with the exception of dogs in areas designated as off-leash.
- Licence
(1) The owner of a dog or cat four months of age or older shall obtain a licence for the animal by registering the dog or cat with the municipality and paying a fee determined by the municipality. (See Schedule "A" for the 1998 proposed fees)
(2) The owner shall renew the licence annually with the Municipality.
(3) Where the dog or cat is not on the owner's property, the owner shall cause the animal to wear a collar around its neck to which the current licence plate issued by the municipality for that dog or cat is attached.
(4) The licence fee for a dog or cat owned by a citizen over the age of 65 years shall be reduced by 50%.
(5) The licence fee for any dog or cat registered with the Municipality between July 1 and December 31 of any year shall be 50% of the fee set out in Schedule "A".
(6) A dog used as a guide or to assist a person with a disability shall be licensed and shall bear the applicable license plate. Toute personne qui produit une preuve satisfaisante pour la municipalité montrant que le chien est nécessaire pour guider ou aider une personne handicapée est exemptée du paiement de la redevance.
(7) The municipality shall keep a record of all registered and licensed dogs and cats, showing the date and number of the registration and licence, and the name and description of the dog or cat, with the name and address of the owner.
- Water retention
(1) An inspector may seize and impound
(a) any dog or cat found at large
(b) any dog or cat not wearing a collar and tag while off the premises of its owner and not accompanied by a responsible person.
(2) The inspector, pound keeper or police officer shall make every reasonable effort to identify and contact the owner of any stray animal received, whether alive or dead.
(3) Every impounded dog or cat shall be provided with clean food and water and be housed in sanitary conditions. The animal shall remain in the pound for five days or for such period as may be prescribed by the provincial pound legislation, unless it is claimed by its rightful owners. If not claimed within that time, the animal shall become the property of the City.
(4) Where, in the opinion of the Poundkeeper, after consultation with a veterinarian, a seized and impounded dog or cat is injured or diseased and must be destroyed without delay for humane or life safety reasons, the dog or cat may be humanely euthanized if reasonable efforts to locate the owner of the animal have not been successful.
(5) Where a seized and impounded dog or cat is injured or diseased and is treated by a veterinarian, the municipality is entitled, in addition to the impoundment fee, to charge the cost of treatment to the person claiming the animal.
(6) During the impoundment period, the owner may claim the dog or cat upon presentation of proof of ownership of the animal and payment to the municipality of:
(a) the appropriate fine, if any, as set out in Schedule "A
(b) the appropriate licence fee if the dog is not licensed
(c) the maintenance fee as set out in Schedule "A", and
(d) veterinary fees, if any.
(7) Where the owner of a dog or cat does not claim the animal, the owner shall, where known to the operator of the pound, pay the impoundment fee set out in Schedule "A" and the maintenance fee for each day the animal is in the pound.
(8) A dog or cat impounded and not claimed by its owner within the time period provided in subsection (3) may,
(a) be adopted for the price fixed; or
(b) be euthanized by lethal injection of a barbiturate in accordance with the Food and Drugs Act.
Dangerous Dogs
(1) The owner of a dangerous dog shall ensure that:
(a) the dog is registered with the municipality as a dangerous dog in accordance with the fees set out in Schedule "A"; and
(b) the dog is sterilized
(c) the dog complies with the responsibilities of the owner as set out in Section 4Ad) the dog is muzzled at all times while off the property of the owner
(e) when off the property of the owner, the dog is kept on a leash not exceeding one metre in length and under the control of a responsible person over the age of eighteen years
(f) while the dog is on the property of the owner, the dog shall be securely confined within or in an enclosed and locked pen or structure so as to prevent the escape of the dangerous dog and to prevent the entry of any person not in control of the dog. Such enclosure or structure shall be a minimum of two metres by four metres and shall have secure sides and top. If there is no bottom attached to the sides, the sides must be sunk into the ground to a depth of at least thirty centimetres. The enclosure must also protect the dog from the elements. The pen or structure shall not be located within one metre of the property line or within three metres of a neighbouring dwelling unit. No dog shall be chained for the purpose of confinement
(g) a sign shall be placed at each entrance to the property and building in which the dog is kept, warning in writing, and by a symbol, of the presence of a dangerous dog on the property. Such sign shall be visible and legible from the nearest road or thoroughfare
(h) a liability insurance policy, satisfactory to the municipality, is in force in an amount not less than five hundred thousand dollars, covering the twelve month period during which the licence is applied for, for injuries caused by the owner's dangerous dog. Such policy shall contain a provision requiring the community to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the policy.
(2) The municipality shall have the authority to conduct any investigation deemed necessary to ensure compliance with the provisions set forth in this section.
(3) If the owner of a dog designated as dangerous is unwilling or unable to comply with the requirements of this section, said dog shall be euthanized by an animal shelter, animal control agency or licensed veterinarian after a fourteen day waiting period. Any dog designated as dangerous under this by-law may not be offered for adoption.
Kennels or Catteries
(1) Every person who owns or operates a kennel or cattery shall, upon application and payment of the fee set out in Schedule "A" and with the approval of the Municipality, obtain a licence to operate such kennel or cattery on or before a date to be fixed by the Municipality each year.
(2) A licence to operate a kennel or cattery shall be valid for one year.
(3) Every person who owns or operates a kennel shall comply with the requirements set out in the Code of Practice for Kennel Operations in Canada (Canadian Veterinary Medical Association, September 1994).
(4) Every person who owns or operates a kennel or cattery shall comply with the by-laws of the municipality.
(5) If the owner or operator of a kennel or cattery fails to comply with a by-law of the municipality, the licence may be suspended or revoked.
(6) Every person who owns or operates a kennel or cattery shall permit an inspector to enter and inspect the kennel or cattery at any reasonable time, upon presentation of proper identification, for the purpose of determining compliance with this by-law.
(7) An inspector may enter and inspect the kennel or cattery under a search warrant.
(8) Where an inspector finds that the owner or operator of a kennel or cattery is not in compliance with any of the provisions of this section, the inspector may order the animals to be seized and impounded by the operator of the pound.
Traps
No person shall use, set or maintain a leghold trap, lethal trap or snare in a suburban area.
Other pets
[For a discussion of the ownership of animals other than cats and dogs as pets, please refer to Appendix B].
Sanctions
(1) Every person who violates any provision of this by-law is guilty of an offence and is liable to the penalties set out in this section.
(2) Each day that a provision of this by-law is violated constitutes a separate offence.
(3) The collection and payment of fines does not relieve a person of the obligation to pay any fees, charges or costs for which the person is liable under the provisions of this by-law.
(4) A Provincial Court Judge, in addition to the penalties provided for in this by-law, may, if he or she considers the offence to be sufficiently serious, order the owner of a dog or cat to restrain the dog or cat from committing the mischief or causing the disturbance or nuisance complained of, or cause the animal to be removed from the City, or order the destruction of the animal.
(5) Where a person contravenes the same provision of this by-law twice in any twelve month period, the specified fine payable for the second contravention is double the amount specified in Section 9(7) of this by-law for that provision.
(6) Where a person violates the same provision of this by-law three or more times in a twelve month period, the specified penalty payable for the third or subsequent violation is three times the amount specified in section 9(7) of this by-law for that provision.
(7) The proposed minimum penalties for violations of sections of this by-law are as follows:
Article
2, 3
4 A (1), (2), (4)
4 A (3)
4 B
5
7
Penalty Section
$50
$25
$50
$50
$250
$75
Appendix A
Licences
Dog or cat license (male or female) 50
Spayed or neutered male dog or cat license 15
Spayed or neutered male dog or cat license, microchipped or tattooed 5
License for dangerous dog 250
Kennel or cattery license 100
Impoundment Fee
First impoundment in a calendar year:
Neutered male dog or cat or spayed female cat 25
Unneutered or unspayed dog or cat $50
Dangerous dog $250
Second impoundment in a calendar year:
Spayed or neutered male dog or cat $50
Unneutered or unspayed dog or cat 100
500 Dangerous dog
Third and subsequent impoundments in a calendar year:
Spayed or neutered male dog or cat 75
Dog or cat not neutered or spayed 150
Dangerous dog or euthanasia $1,000
(1998 suggested rates)