Posted on 25 September 2013.
Hot 0 favoured

Pursuant to The Municipalities Act the Village of Christopher Lake

has the general power to pass any bylaws that it considers expedient in

relation to the safety, health and welfare of people and the protection of

people and property.

BYLAW NO. 7/11

A BYLAW TO PROVIDE FOR THE CONTROLLING OF ANIMALS

The Council of the Village of Christopher Lake, in the Province of Saskatchewan

enacts as follows:

TITLE

This bylaw shall be referred to as “The Animal Control Bylaw”.

PART I – PURPOSE and DEFINITION

PURPOSE

The purpose of this Bylaw is to regulate animals and to maintain safety and preserve order therein.

1. DEFINITIONS

For the purpose of this bylaw, the following terms and words shall have the following

meanings:

a) Administrator – shall mean the Administrator of the Village of Christopher Lake or any person authorized to act on his/her behalf;

`                                                          

b) Animal – shall mean any domesticated animal                  

c) Animal Control Officer – shall mean the person or persons appointed by the

Council, or designate, to enforce the provisions of this Bylaw, or any person

authorized to act on his/her behalf and include a Peace Officer;

d) Cat – shall mean any cat, male or female, of every breed or classification or

mixture of breeds over eight (8) weeks of age;

e) Council – shall mean the Council of the Village of Christopher Lake.

 

f) Dangerous Animal means;

(a) Any animal that, without provocation in a vicious or menacing

manner, chases or approaches a person or domestic animal in an

apparent attitude of attack;

(b) the animal has 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) the animal has, without provocation, bitten, inflicted injury, assaulted

or otherwise attacked a person or domestic animal; or

(d) the animal is owned primarily or in part for the purpose of fighting or

is trained for fighting.

g) Dog shall mean any dog, male or female, of every breed or classification or

mixture of breeds over eight (8) weeks of age.

h) Owner – includes

(i) a person, persons, partnerships, association or corporation who keeps,

possesses, harbours, or has care of or control of a dog;

(ii) the person responsible for, the custody of a minor where the minor is the owner

of a dog;

i) Municipality – shall mean the Village of Christopher Lake.

j) Pound – shall mean such premise and facilities as may be designated by the

Council from time to time, as the pound.

k) Pound keeper – shall mean a person, persons, or associates designated by Council

to maintain and administer the pound.

l) Running at Large – shall mean when the dog is beyond the boundaries of the land

occupied by the owner, possessor, or harbourer 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 is not under control by being

(a) directly attached to a leash and that leash is under the direct and

continuous physical charge of a person competent to control it; or

(b) securely confined within an enclosure; or

(c) securely fastened so that it cannot roam beyond the boundaries of the

 

owners property.

PART II– CONTROL and NUISANCE

1.Owners shall not permit their dogs to create a disturbance or become a nuisance by barking, howling or whining excessively to the annoyance and discomfort of any other person(persons) residing in the neighbourhood, or to the public at large. For the purpose of this section, a dog is creating a disturbance if it can easily heard by a person when not situated on the property where the dog is.

2. No owner of an Animal shall permit that Animal to be running at large in the

Municipality.

3. For the purpose of Court proceedings to enforce the provisions of this Bylaw, if an

Animal is found to be running at large, the owner shall deemed to have permitted that

Animal to be at large unless the owner proves to the satisfaction of the Court that at

the time of the offence, the owner did all that was reasonable to prevent the Animal

from being at large.

4. Any person including the Animal Control Officer may take any Animal found running

at large contrary to the provisions of this bylaw to the pound where it shall be kept for

ninety‑six (96) hours unless the owner redeems the animal by paying the Municipality

the sum identified in schedule “A”; required for picking up and delivering the animal

to the Pound and also paying the Municipality the fee for each day or part day or

portion thereof that the animal is impounded for the care and keep of the animal.

5. All impounded animals which are not claimed or redeemed by their owners within the

time limits imposed under Section 4 may be sold by the Poundkeeper or other person

so authorized by Council to any person paying for such animal, the pound fees and

other fees or penalties owing to the Municipality for picking up and delivering the

animal to the pound, and for keeping the animal in good care while in the pound.

6. The Poundkeeper or any other person designated by Council may destroy any animal

so impounded that has not been redeemed within ninety‑six (96) hours.

7. The Poundkeeper shall keep a record and picture of all animals impounded and the

manner in which they are disposed and shall provide copies of the records to Council

upon request.

8. Any Animal Control Officer or Veterinarian may take immediate action to humanly

destroy any sick or injured animal found within the Municipality.

9. An Animal Control Officer or Veterinarian that destroys an animal pursuant to section

 

8 shall take reasonable efforts to notify the owner. No action lies against the Animal

Control Officer or the Veterinarian due to the destruction of the animal or the failure to

find or contact the owner.

10.Bylaw 7/11 shall not apply to a person who owns or is physically reliant on a guide dog

trained and used to assist such a person, nor any police service dogs who are in active

service.

11. The Animal Control Officer may enter into the land surrounding any building in

pursuing of any Animal that has been observed running at large.

12. No person, whether or not he is the owner of an Animal which is being or has been

pursued, seized or impounded shall obstruct or interfere or attempt to obstruct or

interfere with the Animal Control Officer in the execution of their duties as provided

in this Bylaw, and in particular, (without limiting the generality of the foregoing):

(a) unlock or unlatch or otherwise open a vehicle in which an animal is seized

under this Bylaw have been placed, so as to allow or attempt to allow any animal

to escape there from. Or

(b) remove or attempt to remove any animal from the possession of the Animal

Control Officer.

13. If an animal defecates on any public or private property other than the property of its

owner, the owner of the animal shall cause such defecation to be removed immediately

and disposed of in a sanitary fashion.

14. It shall be a contravention of this bylaw to abandon an animal within the boundaries of

the Village of Christopher Lake

PART III – DANGEROUS ANIMALS

15. No Animal that has been declared dangerous by any Court in Canada or as ascribed by

Section 375 of The Municipalities Act shall be permitted within the boundaries of the

Municipality.

16. Upon notification, any Peace Officer may seize without warrant any Animal that

is a Dangerous Animal, and forthwith deliver such animal to a secure pound.

17. For the section of Section 18 the following minimum standards must apply;

a) That the enclosure shall be constructed of wood or any other building material of

sufficient strength and in a manner adequate to:

(a) confine the animal; and

(b) prevent the entry of young children;

 

b) The entrances and other areas by which entry to or exit from the enclosure may be

made shall be locked or fastened in a manner adequate to prevent the animal from

escaping from the enclosure;

c) In the case of a dog, the enclosure shall be at least 3 metres in length, 1.5 metres in

width, and 1.8 metres in height;

d) The enclosure shall have a top secured to the sides of the enclosure;

e) The enclosure shall:

(a) have a floor secured to the sides of the enclosure; or

(b) the sides of the enclosure shall be embedded in the ground to a depth

of at least 0.6 metre;

f) The enclosure shall be located no closer than 5 metres from a dwelling unit located

on an adjacent property; and

g) The enclosure shall:

(a) provide protection from the elements for the animal;

(b) provide adequate light and ventilation for the animal;

(c) and be kept in a sanitary and clean condition.

18. If an Animal is seized pursuant to Section 18 or in the opinion of an Animal Control

Officer, an animal is dangerous or a complaint is made that an animal is dangerous, a

hearing shall be held to determine if, based upon the evidence adduced at the hearing,

the animal is, in fact, dangerous.

19. Notice of the hearing referred to in Section 20 shall be served upon the owner of the

animal. The notice shall be served:

a) in the case of an owner who is an individual:

(a) by registered  mail

b) in the case of an owner that is a corporation:

(a) by sending it by registered  mail to the registered  office of the

corporation; or

 

20. Where an owner does not appear at the time and place appointed for the hearing after

having been notified of that time or place, the judge may proceed ex parte to hear and

determine the proceedings in the absence of the owner as fully and effectively as if the

owner had appeared.

21. If the judge is satisfied, on the evidence, that the animal is dangerous, the judge may

make an order including any or all of the following terms;

a) If the Animal is to be sold or given away the owner shall notify any prospective

owner that the Animal has been declared Dangerous.

b) That the owner shall report to the Animal Control Officer within 72 hours if the

Animal is sold, given away or the owner has given up possession of the animal or

it becomes deceased to the Animal Control Officer no more than 72 hours after.

c) Notify any prospective owner that the animal has been declared dangerous, before

it is sold or given away; and

d) Notify the Animal Control Officer of the name, address and telephone number of

any new owner of the animal no more than 7 days after the new owner has taken

possession of the animal.

e) Where the animal is moved to a different city or municipality, the owner shall

notify the clerk of that city or Administrator of the Municipality no more than 72

hours after the animal is moved to that city or municipality.

f) That the animal be destroyed or otherwise disposed of at the owner’s expense and

shall give directions with respect to the destruction or other disposition.

22. A person desiring to appeal an order pursuant to this section shall, within seven days

of the issuance of the order, file a notice of appeal with Her Majesty’s Court of

Queen’s Bench, and the provisions of the Criminal Code apply with any necessary

modification.

23. Unless the owner otherwise agrees, every order for destruction of an animal shall state

that it shall not be implemented for eight days.

24. Where an appeal is taken against an order for the destruction of an animal, the

application of the order is stayed pending the disposition of the appeal.

 

25. Where an order for destruction is overturned on appeal, the animal shall be released to

the owner after the owner has paid the costs of impoundment of the animal

26. Regardless of the outcome of the appeal, the owner shall be responsible for the

payment of the costs of impoundment of the animal pending the hearing.

27. Any person who owns an animal for the purpose of fighting, or trains, torments,

badgers, baits or otherwise uses an animal for the purpose of causing or encouraging

the animal to make unprovoked attacks on persons or domestic animals is guilty of an

offence.

28. Any person who owns an animal that, without provocation, attacks, assaults, wounds,

bites, injures or kills a person or domestic animal, is guilty of an offence.

29. Where a person has been found guilty of an offence pursuant to section 30, the

convicting judge may make an order including any or all of the requirements of

section 23 or may make an order for destruction pursuant to section 23.

30. Any person who does not comply with any order or part of an order issued pursuant to

this Part is guilty of an offence.

31. An order issued pursuant to this Part continues to apply if the animal is sold or given

to a new owner or is moved to a different city or municipality.

32. For the Purpose of Part III no animal shall be considered dangerous for actions

carried out while the animal was:

(a) acting in performance of police work;

(b) or working as a guard animal on commercial property while:

i. securely enclosed on the property by a fence or other barrier sufficient to

prevent the escape of the animal and the entry of young children; and

ii. defending that property against a person who was committing an offence.

PART III – ENFORCEMENT, OFFENCES AND PENALTIES.

33. Every person who contravenes any provision of this Bylaw is guilty of an offence and

liable on Summary Conviction:

a) In the case of an individual, to fine of not less than $100 and not more than

$10,000.00 or imprisonment for not more than one year, or both; and

b) in the case of a corporation, to a fine of not less than $150 and not more than

$25,000.00 or imprisonment of the directors of the corporation for not more than

one year, or both; and

c) in the case of a continuing offence, to a maximum daily fine of not more than

$2,500.00 per day or any portion thereof.

 

34. Notwithstanding Section 35, a person who contravenes any of the Sections listed in   

Schedule A of this bylaw hereto upon being served, either personally or by Mail or by

affixing such Notice of Violation to the last known address of the person, with a

Notice of Violation, may voluntarily pay the prescribed penalty in Schedule “A” to the

Administrator in the Village of Christopher Lake, Saskatchewan.

(a) If the Village of Christopher Lake  receives voluntary

payment of the prescribed penalty within fourteen (14) days of

service of the Notice of Violation, the person receiving the Notice of

Violation shall not be liable to prosecution for the alleged

contravention.

(b) Nothing in this Section shall be construed to prevent any person from

exercising the right to defend a charge for a contravention of this

Bylaw.

(c) A Notice of Violation may be issued by the Village of Christopher Lake

Administrator, Animal Control Officer or Person designated to

enforce any Part, Section, and Subsection of this Bylaw.

35. A person to whom a Notice of Violation is being issued under this Section shall, upon

the request of the person issuing the Notice of Violation, provide their name, address

and date of birth and any reasonable information so required by the person so issuing

the Notice, so long as the person is readily identifiable as a designated officer so able

to issue a Notice. Any person who fails to provide this information is guilty of an

offence and liable on Summary Conviction to the penalty contained in Section 35.

36. If a person owns property within the Municipality to which a violation of the owner

takes place in regards to, those costs of the Municipality the costs incurred by the

Municipality with respect to a enforcement of this Bylaw.

37. For Violation of this bylaw, including impounding an Animal, the Municipality may

add the amount owing to the tax roll of any parcel of land for which the person is the

assessed person.

38. If an amount is added to the tax roll of a parcel of land pursuant to section 39, the

amount:

a) is deemed for all purposes to be a tax imposed pursuant to The Municipalities Act

from the date it was added to the tax roll; and

b) forms a lien against the parcel of land in favour of the Municipality from the date it

was added to the tax roll.

39. If any part, section, subsection, sentence, clause, phrase or other portion of this bylaw

is for any reason held invalid or unconstitutional by a court of competent jurisdiction,

that portion shall be deemed a separate, distinct and independent provision and the

holding of the court shall not affect the validity of the remaining position of the bylaw.

 

40. This bylaw shall come into force and take effect on the day of the final passing

thereof.

Introduced and read a first time this 20th day of December 2011

Read a second time this December 20th,2011

Read a third and final time this 17th day of January 2012

Bylaw #3/96 is hereby repealed

________________________

Mayor

___________________________

Acting Administrator

 

Schedule “A” hereto annexed and forming part of Bylaw No. 7-11

Administrator

VOLUNTARY PENALTIES FOR NON‑CONFORMITY WITH ANIMAL BYLAW

  1. OFFENCE      VOLUNTARY PAYMENT (FINE)
    1. 2nd                              SUBSEQUENT
    2. OFFENCE                 OFFENCE

Section 2   Running at Large                                                                                       $ 50.00           $ 100.00                      $ 250.00

Section 12 Interfere with

      Enforcement                                                                                             $ 100.00          $ 250.00                      $ 500.00

Section 13 Failure to Immediately

                  Remove Defecation                                                                      $ 50.00           $ 100.00                      $ 250.00

Section 14 Abandon an Animal           $ 50.00           $ 100.00                      $ 250.00

Section 15 Dangerous Animal                                                                        $ 200.00                                              $ 500.00


Author:

Powered by CjBlog

Village of Christopher Lake

Copyright © 2013. All Rights Reserved.