HomeMy Public PortalAbout89-05 ANIMAL CONTROL (WARD 2)Village of Sussex Corner
By-law # 89-05
A By-law Respecting Animal Control
The Council of the Village of Sussex Corner, under the authority of Section 96 of
the Municipalities Act, hereby enacts as follows:
TITLE
(a)
(b)
This by-law may be cited as the "Animal Control By-law"
The provisions of this by-law apply within the entire area of the
Village of Sussex Corner.
2. DEFINITIONS
In this By -Law
(a) "animal" means any wild or domestic animal, including
a dog, cat or reptile;
(b) "Animal Control Officer" means a contractor or a person
or persons employed by the Village of Sussex Corner who
is or are charged with the responsibility of controlling dogs
within the Village of Sussex Corner;
(c) "animal shelter" means any association, person, pound or
agency designated by Council to take possession of and
properly care and provide for dogs impounded pursuant to
this by-law;
"Building Inspector" means a person appointed by the Royal
District Planning Commission as Building Inspector;
"Clerk" means the Clerk of the Village of Sussex Corner or
another person designated by Council to act in his or her stead;
"Council" means the Council of the Village of Sussex Corner;
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(g) "day" means a twenty four (24) hour period;
(h) "Development Officer" means a person appointed by the Royal
District Planning Commission as Development Officer;
(i)
"District Medical Health Officer" means a person appointed
by the Province;
(j) "dog" includes a male or female dog;
(k) "dog license" means a license issued hereunder for a dog;
(1) "dog tag" means a plate stamped with a license number;
(m) "fierce or dangerous dog" means a dog which meets any one of
the following conditions:
(i) a dog that has attacked, bitten or caused injury to a
person, either on public or private property or has
demonstrated a propensity, tendency or disposition
to do so;
(ii) a dog that has attacked, bitten or caused injury to a
domestic animal, either on public or private property;
(iii) a dog that, while running at large, has aggressively
pursued or harassed a person;
(iv) a dog that, while running at large, has aggressively
pursued or harassed a domestic animal;
(v) a dog with a known propensity to attack or injure a
person without provocation;
is attack trained;
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(vii) is kept for the purpose of security or protection, whether
residential, commercial or industrial, of persons or
property.
(n) "kennel" means a building or part of a building where dogs are
kept for sale or are boarded;
(o) "leashed" means secured by a leash or similar device of one and
one-half (1.5) metres maximum length, suitable to keep a dog
under the control of an owner;
(p) "muzzle" means a humane fastening or covering device of
adequate strength over the mouth of a dog to prevent it from
biting;
(q) "neighbourhood" means, for the purpose of this By -Law, not
less than two (2) people living in the immediate area and
occupying separate dwellings;
(r) "owner" means a person, partnership, or corporation who:
(i) is in possession of a dog, or
(ii) harbors a dog, or
(iii) permits a dog to habitually remain on property owned by
or under the control of that person, partnership, or
corporation, or
(iv) is a registered owner, according to Service New
Brunswick records, of property where a dog is allowed
or permitted to remain; or
(v) registers or licenses a dog under this By -Law and "owns"
and "owned" have the corresponding meaning;
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(s) "plural terms" may apply whenever the singular, masculine or
feminine is used in this By -Law, and it shall be considered as
if the plural, feminine, or masculine has been used where the
context of the party or parties hereto so requires;
(t) "Police Officer" means:
(i) a member of the Royal Canadian Mounted Police, or
(ii) a Police Officer appointed under Section 10, 11 or 17.3
of the Police Act, or
(iii) an Auxiliary Police Officer or an Auxiliary Police
Constable appointed under Section 13 of the Police Act,
when accompanied by or under the supervision of a
member of the Royal Canadian Mounted Police;
"Pound Keeper" means the individual or individuals approved
by Council to retain all animals;
"public place" means any property that is not privately owned
and includes Municipal, Provincial and Federal property;
"Royal Canadian Mounted Police" means the Sussex Post of
District # 3 of the Royal Canadian Mounted Police;
(x) "running at large" means an unleashed dog
(i)
on a tether of sufficient length to permit the animal to
leave the property boundaries of the premises occupied
by the owner;
(ii) not secured by a leash having a maximum length of five
(5) feet in a public place;
(iii) in a public place, or
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A By-Iaw Respecting Animal Control
(iv) on private property other than that of the owner or
keeper of the dog, or
(v) m a forest or wooded area, other than that of the owner,
while not in the company and control of the dog's owner;
(y)
"street" includes road, sidewalk, alley, park, public square and
property under the control of the Village of Sussex Corner;
(z) "unaltered" means unneutered male or unspayed female dog;
(aa) "Village" means the Village of Sussex Corner.
3. REGISTRATION AND LICENSING
(a) Every owner of a dog shall:
(i) register with the Clerk, by December 3151 of each calendar year,
each dog which he/she owns, and obtain a license pursuant to
the provisions of this by-law;
(ii) provide the Clerk with the following information which will be
recorded and retained:
(1)
the owner's name, telephone number and place of
residence,
(2) the name, age, breed, colour and sex of the dog,
(iii) pay, in accordance with Schedule "A" of this by-law, a license
fee for each dog which he/she owns, subject to the following:
(1) the license fee for any newly acquired dog that is
being registered between July 1st and October 315t in any
year shall be fifty percent (50%) of the fee set out in
Schedule "A" of this by-law;
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(2) there shall be no license fee for a "seeing eye, hearing ear
or other special needs dog", but it must be licensed and
wear a current tag;
(b) All licenses issued pursuant to this by-law shall expire at midnight on
the thirty-first day of December of the year shown on the dog tag. The
sale of new licenses / tags will commence November 1" of each year
and any license / tag issued shall be valid from the date of its issuance.
When an owner ceases to own a dog for which the license was given,
the license shall expire.
(c) An approved certificate from a veterinary or animal hospital is
required as proof that a male dog is neutered, or a female dog is
spayed, and an approved certificate from a veterinary or animal
hospital confirming the dog has received a rabies immunization
pursuant to the section on Rabies in this by-law.
(d) Every owner of a dog which is registered under this by-law shall
forthwith advise the Clerk within thirty (30) days of the change of
ownership of a dog and every owner who sells a dog which is
registered under this by-law shall advise the new owner of the
registration and licensing provisions set out herein.
(e)
Every person who conveys or receives a dog, not necessarily by way
of sale and purchase, shall nevertheless follow the same provisions as
set out in subsection 3(d) herein.
The Clerk, at the time of registration of a dog, shall issue to the owner
a license tag upon which is inscribed the registration number and the
year of registration.
A license tag is not transferable from one owner to another or from
one dog to another.
A license tag which is lost, after it has been issued for the current
year, may be replaced by the Clerk upon application by the owner
and payment of any fees pursuant to Schedule "A" of this by-law.
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(i) Every owner of a dog shall cause the dog, registered by him or her
under this by-law, to wear a collar to which the tag, issued under
subsection 3(f), shall be attached.
(j) The provisions of subsection 3(a) shall not apply to:
(i) an owner who is visiting with a dog in the Village or;
(ii) an owner who is in the Village for the purpose of a dog
participating in a dog show.
4. KENNELS
(a) Every owner who keeps more than three (3) dogs or keeps a dog or
dogs for breeding, boarding or any other like purpose must be in
possession of a valid kennel license and shall meet the requirements of
this By-law before being issued such a license.
(b) A kennel license shall not be issued unless:
(i) a written application for a kennel license is submitted to the
Clerk containing such information as prescribed;
(ii) the applicant provides proof that the kennel has been approved
under the Society for Prevention of Cruelty Act & Regulations;
(iii) the Development Officer and/or Building Inspector certifies the
kennel and its operation meets the requirements of the Building
Code, the Zoning By -Law and other applicable by-laws;
(iv) the Clerk is satisfied that, in the opinion of the Animal Control
Officer, the kennel will not be a nuisance to the other owners
and / or occupants of property in the neighbourhood and the
Clerk approves the issuance of the license; and
(v) the kennel license fee is paid.
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(c) A kennel license may be revoked if:
(i)
the Animal Control Officer provides a written report to the
Clerk stating that he is not satisfied that the kennel is being
operated so as to adequately provide for the health, safety,
hygiene and comfort of the dogs housed therein; or
(ii) the Clerk has determined, following consultation with the
Animal Control Officer, that its continued operation is a
nuisance and is annoying and disturbing to the owners and/or
occupants of property in the neighbourhood; or
(iii) its continued operation constitutes a violation of this or any
other by-law.
5. ANIMAL CONTROL OFFICER
Council may, by resolution, appoint an Animal Control Officer to carry out
any or all of the functions of this by-law.
6. RABIES
(a) The owner of a dog which has not been vaccinated against rabies
shall cause his or her dog to be so vaccinated:
(b)
(i) within ten (10) days of acquiring the dog if it is more than six
(6) months of age; or
(ii) within ten (10) days after it has reached the age of six (6)
months.
When a dog is more than six (6) months of age on the coming into
force of this by-law, and it has not been vaccinated against rabies, the
owner shall cause such dog to be vaccinated against rabies within
thirty (30) days and every three (3) years following.
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(c) The Animal Control Officer will report an animal suspected of being
rabid to the District Medical Health Officer and to the Royal Canadian
Mounted Police.
(d) The Animal Control Officer shall, where in his/her opinion the
condition of the animal warrants the recommendation or care of a
veterinary surgeon, impound and/or report any apparent illness,
communicable disease, injury or unhealthy condition of any animal to
a veterinary surgeon. The owner of the animal shall be held
responsible for any fees incurred as a result of such consultation or
treatment by the veterinary surgeon.
(e) The owner of a dog suffering from any communicable disease shall
not permit the dog to be in any public place or in proximity of any
other people or animals.
(f)
A person who owns a dog that is rabid or suspected of being rabid or
has been exposed to rabies shall immediately report the matter to the
District Medical Health Officer and to the Royal Canadian Mounted
Police and to the Animal Control Officer.
7. DISTEMPER
(a) The owner of a dog which has not been vaccinated against distemper
shall cause the dog to be so vaccinated:
(i)
within ten (10) days of acquiring such dog if it is more than
four (4) months of age, or
(ii) within ten (10) days after it has reached the age of four months.
(b) When a dog is more than four (4) months of age on the coming into
force of this by-law and has not been vaccinated against distemper,
the owner shall cause such dog to be vaccinated within thirty (30)
days thereof.
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8. RUNNING AT LARGE AND ANIMAL CONTROL
No owner of a dog shall:
(a) permit the dog to run at large;
(b) permit the dog to bark, bay or make other noise in such a manner as to
be a nuisance which is annoying and disturbing to the owners and / or
occupants of property in the neighbourhood;
(c) permit a female dog to be in public while in heat;
(d) suffer or permit any dog to defecate on any property in the Village
which is not the property of its owner;
(e) refuse to remove forthwith any feces left by a dog on a property other
than the property of the owner;
(f) suffer or permit the dog to cause damage to property which is not the
property of the owner; and / or
(g) refuse to remove forthwith feces left by the dog on the dog owner's
property to the extent it causes a violation of the Village of Sussex
Corner By-law Respecting Dangerous and Unsightly Premises.
9. FIERCE OR DANGEROUS DOGS
(a) The Animal Control Officer, if he or she has sufficient evidence to
believe that a dog should be declared a fierce or dangerous dog, shall
make such declaration and in doing so notify the Clerk, in writing.
The Clerk will then advise the owner, in writing, of such declaration
and of the responsibilities associated with owning a "fierce and
dangerous dog". If the Animal Control Officer declares a dog to be
"fierce and dangerous", the owner of such dog may appeal the
decision to a Court.
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(b) The owner of a dog which has been declared a fierce or dangerous dog
shall ensure that:
(i)
the dog is licensed with the Village as a fierce or dangerous dog
in accordance with Section 3;
(ii) the dog is spayed or neutered within thirty (30) days of such
declaration;
(iii) the dog owner comply with the responsibilities as outlined in
this by-law;
(iv) the dog shall be muzzled at all times when the dog is off the
owner's property;
(v) at all times when off the owner's property, the dog shall be on a
leash not longer than one (1) metre and under the control of a
responsible person over the age of eighteen (18);
(vi)
when the dog is on the property of the owner, it shall be either
securely confined indoors or in a securely enclosed and locked
pen or structure, suitable to prevent escape and capable of
preventing the entry of any person not in control of the animal.
Such pen or structure must have minimum dimensions of two
(2) metres by four (4) metres and must have secure sides and a
secure top. If it has no bottom secured to the sides, the sides
must be embedded into the ground no less than thirty (30)
centimeters deep. The enclosure must also provide protection
from the elements for the dog. The pen or structure shall not be
within one (1) metre of the property line or within three (3)
metres of a neighboring dwelling unit. The dog may not be
chained as a means of confinement; and
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a sign, as depicted below, with minimum dimensions of three
hundred by two hundred (300 X 200) millimeters, is displayed
at each entrance to the property and structure in which the dog
is kept, warning in writing, as well as with a symbol, that there
is a fierce and dangerous dog on the property. This sign shall
be visible and legible from the nearest road or thoroughfare.
W ING
DANGEROUS ANIMAL ON PREM SES
10. IMPOUNDING
(a) The Council may establish one or more dog pounds or designate one
or more dog shelters to take possession of and properly care and
provide for impounded dogs.
(b) The Animal Control Officer or a Police Officer may capture and
impound any dog on private, (other than in a private dwelling), or
public property, that is:
(i) not registered or licensed as required under this by-law;
(ii) not wearing a collar with a tag attached as required under this
by-law other than when the dog is in a kennel or is in the
owner's residence;
(iii) running at large;
(iv) actually or suspected to be affected with rabies or any other
contagious disease;
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housed in a kennel which is not licensed as required under this
by-law or the license for which has been revoked;
alleged to be barking, baying or making other noise in such a
manner as to be a nuisance which is annoying and disturbing to
the owners and/or occupants of property in the neighbourhood;
(vii) abandoned or appears to the Animal Control Officer to have
been abandoned;
alleged to have bitten or attempted to bite a person;
alleged to have bitten or attempted to bite a domestic animal;
a female dog in a public place while in heat;
a fierce or dangerous dog that is off the owner's private
property and is not muzzled and on a leash not longer than
one (1) metre and under the control of a responsible person
over the age of eighteen (18);
damaging property which is not the property of the owner; and
(xiii) a fierce or dangerous animal and its owner has not complied
with the provisions of Section 9.
(c) The Animal Control Officer and / or Police Officer may capture and
impound any dog in a private dwelling for violations of the by-law
provided that a search warrant has been applied for and obtained
pursuant to the Entry Warrants Act. The Animal Control Officer shall
be accompanied by a Police Officer in the execution of the warrant.
(d) A Provincial Court Judge may issue a search warrant if satisfied that
an Animal Control Officer or Police Officer has reasonable and
probable grounds to believe that an offence has been committed under
this by-law involving a dog or its owner and that such dog is in or
upon a private dwelling, business or any place whatsoever.
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Where an Animal Control Officer and / or Police Officer impounds a
dog, he or she shall, within twenty-four (24) hours, make reasonable
efforts to notify the owner.
Subject to Subsection 10(g) and Section 11, the owner of a dog which
has been impounded, upon proving ownership thereof, may reclaim
the dog during the regular business hours of the shelter, upon payment
of the following to the Clerk, unless the dog has been impounded as a
result of having bitten a person or the dog is actually, or suspected to
be, affected with rabies or any other contagious disease:
(i) the registration and license fee, if the dog is not already
registered and licensed;
(ii) expenses (including veterinary fees), costs and legal fees
relating to the capturing, impounding and legal proceedings
incurred by the Village;
(iii) impounding and other applicable fees as set out in Schedule
"A" of this by-law; and
(iv) if an offence under this by-law has been committed, a
voluntary fine.
The owner of any dog which has been impounded three (3) times
within any twenty-four (24) month period or for which the owner has
received a municipal ticket or official warning, concerning animal
control, three (3) times within any twenty-four (24) month period or
for which the total number of impounds, tickets and warnings total
three (3) within any twenty-four (24) month period, shall not be
permitted to reclaim such animal unless so authorized by the Animal
Control Officer, upon written appeal by the owner prepared and
delivered to the Clerk.
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(h) A dog, which has not been reclaimed within a period of seventy-two
(72) hours after being impounded, exclusive of Statutory Holidays and
Sundays, may be sold by the shelter for the best price that can be
obtained and the monies derived from such sale be paid to the Clerk.
Notwithstanding the foregoing, fierce or dangerous dogs may not be
offered for sale or adoption, but must be humanely euthanized, as
directed by the Animal Control Officer upon receipt of a veterinary
report, in a manner deemed most humane by the New Brunswick
Society for the Prevention of Cruelty to Animals and the owner shall
pay the costs and expenses referred to in subsections 10 (f) (ii) and 10
(f) (iii).
(i) A dog which is impounded and cannot be sold for any reason,
including the fact that the dog is infected with rabies or any other
contagious disease, may be destroyed, as directed by the Animal
Control Officer, in a manner deemed most humane by the New
Brunswick Society for the Prevention of Cruelty to Animals and the
owner shall pay the costs and expenses referred to in subsections 10
(f) (ii) and 10 (f) (iii).
(j) The Pound Keeper may continue to keep a dog in the pound longer
than the period specified in subsection 10(h), when the owner:
requests the dog, which is not a fierce or dangerous dog, be kept
for a longer period, or
advises the Pound Keeper of his/her ownership but does not
pick up the dog from the pound within the time provided in
subsection 10(h), and when,
(1) there is sufficient room in the pound to continue to keep
the dog;
(2) the dog is not vicious, rabid, suffering from a
communicable disease, ill or injured;
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(3) the dog is not required to be destroyed under this by-law;
and
(4) the Pound Keeper is satisfied that the owner or anyone
acting on his/her behalf will pay all fees and charges for
which the owner is, or will become, liable.
(k) No person authorized by this by-law to capture and impound or
destroy a dog shall be liable m damages for injury or damage to such
dog while the same is being captured and impounded or destroyed.
11. DESTRUCTION
(a) Any dog impounded under this by-law may be destroyed to ensure the
protection of persons and / or property. Prior to the destruction of a
dog, the Animal Control Officer shall hear evidence from the dog's
owner and other witnesses, as necessary, to determine if such dog
should be destroyed. After hearing all the evidence presented, the
Animal Control Officer shall then declare whether such dog shall be
destroyed or not. Justification for the destruction of a dog includes but
is not limited to a dog that:
(i) has been running at large;
(ii) has attacked, bitten or attempted to bite, or caused injury to a
person or domestic animal;
(iii) has rabies, distemper or any other communicable disease;
(iv) has suffered injuries and a doctor of veterinary medicine has
determined that the dog will not recover and should be
destroyed; or
(v) has been declared a fierce or dangerous dog.
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(b) The Municipalities Act provides that a Judge of the Provincial Court
to whom a complaint has been made, alleging that a dog has bitten or
attempted to bite a person, may summon the owner of the dog to
appear and to show cause why the dog should not be destroyed and
may, if from the evidence produced it appears that the dog has bitten
or has attempted to bite a person, make an order directing
(1) that the dog be destroyed, or
(2) that the owner or keeper of the dog keep the dog
under control.
(c) The Animal Control Officer or a Police Officer may kill on site a dog
which he / she is unable to seize if they have sufficient evidence to
believe that the dog has attacked, chased, bitten or injured another
person or domestic animal or poses an immediate threat to the public.
(d) If the owner of a dog, that has been declared as fierce or dangerous,
is unwilling or unable to comply with the requirements of Section 9,
the said dog shall then be humanely euthanized, as directed by the
Animal Control Officer, in a manner deemed most humane by the
New Brunswick Society for the Prevention of Cruelty to Animals and
the owner shall pay the costs and expenses referred to in subsections
10 (f) (ii) and 10 (f) (iii). Any dog that has been declared as fierce or
dangerous under this by-law may not be offered for adoption.
12. OFFENCES
(a) The owner or any person who violates or breaches any provision of
this by-law is guilty of an offence.
(b)
Any person commits an offence under this by-law if:
(i)
he or she interferes or attempts to interfere with the Animal
Control Officer and / or Police Officer while he or she is
exercising his or her functions under this by-law; or
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(ii) he or she, not being the owner, removes a collar or license tag
from a dog.
13. PENALTY
A person, who fails to comply with the provisions of an order made by a
Judge of the Provincial Court under this by-law, commits an offence
punishable under Part II of the Provincial Offences Procedure Act as a
Category F offence.
14. ENFORCEMENT
This by-law shall be enforced by the Animal Control Officer and / or Police
Officer.
15. VALIDITY
The invalidity of any section, subsection, clause, sentence or provision of
this by-law shall not affect the validity of any other section, subsection,
clause, sentence or provision of this by-law which can be given effect
without such parts.
16. SCHEDULE OF FEES
The fees structure, shown in attached Schedule "A", may be changed from
time to time by a resolution of the Council of the Village of Sussex Corner.
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17. REPEAL
(a) The by-law entitled "A By -Law Respecting Animal Control", By-law
# 82-03, enacted on April 9, 2003, and all amendments thereto, are
hereby repealed.
(b)
The repeal of "A By -Law Respecting Animal Control", By-law #
82-03, enacted on April 9, 2003, and all amendments thereto, shall not
affect any penalty, forfeiture or liability incurred before such repeal or
any proceeding for enforcing same, completed or pending, at the time
of repeal; or shall it repeal, defeat, disturb, invalidate or prejudicially
affect any manner or thing whatsoever completed, existing or
pending, at the time of repeal.
Village of Sussex Corner
Certified Copy of Original
x/ __ �
Date Clerk
FIRST READING
SECOND READING
THIRD READING & ENACTED
Clerk / Treasurer
April 13, 2005
April 13, 2005
June 8, 2005
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SCHEDULE "A" - SCHEDULE OF FEES
LICENSE FEE
Spayed female or neutered male dog
Non -spayed female or non -neutered male dog
B. KENNEL LICENSE FEE
Kennel License
C. REPLACEMENT TAG FEE
Replacement Tag
D. ANIMAL CONTROL SHELTER
MAINTENANCE FEE
Each Dog
E. ANIMAL SEIZING AND IMPOUNDING FEE
(i) For the first occasion $ 25.00
(ii) For the second occasion $ 75.00
(iii) For the third and subsequent occasions $ 125.00
F. FEDERAL AND PROVINCIAL TAXES
$ 5.00/dog
$ 10.00/dog
$ 25.00/Year
$ 1.00/Tag
$ 5.00/Day
All charges shown above are prior to the application of applicable Federal
and Provincial Taxes.
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