Loading...
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; Page 1 of 20 (vi) Village of Sussex Corner By-law # 89-05 A By-law Respecting Animal Control (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; Page 2 of 20 Village of Sussex Corner By-law # 89-05 A By-law Respecting Animal Control (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; Page 3 of 20 Village of Sussex Corner By-law # 89-05 A By-law Respecting Animal Control (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 Page 4 of 20 Village of Sussex Corner By-Iaw # 89-05 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; Page 5 of 20 Village of Sussex Corner By-law # 89-05 A By-law Respecting Animal Control (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. Page 6 of 20 Village of Sussex Corner By-Iaw # 89-05 A By-Iaw Respecting Animal Control (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. Page 7 of 20 Village of Sussex Corner By-law # 89-05 A By-law Respecting Animal Control (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. Page 8 of 20 Village of Sussex Corner By-law # 89-05 A By-law Respecting Animal Control (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. Page 9 of 20 Village of Sussex Corner By-law # 89-05 A By-law Respecting Animal Control 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. Page 10 of 20 Village of Sussex Corner By-law # 89-05 A By-law Respecting Animal Control (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 Page 11 of 20 Village of Sussex Corner By-law # 89-05 A By-law Respecting Animal Control 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; Page 12 of 20 (xii) Village of Sussex Corner By-law # 89-05 A By-law Respecting Animal Control 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. Page 13 of 20 Village of Sussex Corner By-law # 89-05 A By-law Respecting Animal Control 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. Page 14 of 20 Village of Sussex Corner By-law # 89-05 A By-law Respecting Animal Control (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; Page 15 of 20 Village of Sussex Corner By-Iaw # 89-05 A By-Iaw Respecting Animal Control (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. Page 16 of 20 Village of Sussex Corner By-Iaw # 89-05 A By-Iaw Respecting Animal Control (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 Page 17 of 20 Village of Sussex Corner By-law # 89-05 A By-law Respecting Animal Control (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. Page 18 of 20 Village of Sussex Corner By-law # 89-Q5 A By-law Respecting Animal Control 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 Page 19 of 20 Village of Sussex Corner By-law # 89-05 A By-law Respecting Animal Control 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. Page 20 of 20