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Dogs

Updated January 11, 2017 

This by-law shall be known as Dogs By-law and may be cited as the “Dogs By-law.”

 

1.0 DEFINITIONS

 

In this by-law,

 

(a)   “Clerk” means the CAO or the person designated by the CAO to administer this by-law;

 

(b)   “dog” means any dog, male or female, or any animal that is the result of the breeding of a dog and any other animal;

 

(c)     “fierce or dangerous” includes without being limited to:

 

  • any dog which shows a propensity, tendency or disposition to attack without provocation any other domestic animals or persons;

 

(2)  any dog when either unmuzzled, unleashed or unattended by its owner, or a member of the owner’s family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks, any public grounds or places, or on private property other than the property of the owner;

 

  • any dog which has bitten another domestic animal or person without provocation;

 

  • any dog which is owned, trained or harboured primarily or in part for the purpose of dog fighting provided that no dog shall be deemed a “fierce or dangerous dog” solely because it bites, attacks or menaces a trespasser on the property of its owner, harms or menaces anyone who has tormented or abused it, was at the time of its aggressive behaviour acting in defence to an attack from a person or animal or acting in defence of its young, its owner or is a professionally-trained guard dog for law enforcement or guard duties.

(d)    “identification system” means any system, either external or internal, for the identification of a dog which contains a serial number or other means of identification as prescribed by the CAO;

 

(e)   “kennel” means any premises where dogs are harboured or bred as a commercial service or for sport or exhibition purposes for periods longer than 60 days.

 

(f)   “town” means the Municipality of the Town of Annapolis Royal.

 

(g)   “owner” of a dog includes any person who possesses, has the care of, has the control of or harbours a dog, and where the person is a minor, includes the person responsible for the custody of the minor;

 

(h)   “registration fee” is the fee stipulated in the Town’s Schedule of Fees;

 

(i)    “runs at large” means

(i)   a dog that is on any private property or premises without the permission of the Owner or occupant thereof.

(ii)  a dog that is off any private property or premises, without being under the continuous control and restraint of the Owner by means of a harness or leash; except that an unleashed and unharnessed dog that is under continuous human restraint and control shall not be deemed to be running at large if at the time the dog is:

(aa).   participating in an organized hunt, dog exhibition event or dog field trials;

(bb).   participating in a search and rescue operation or law-enforcement operations;

(cc)    assisting a person with a disability, provided the dog is trained for such purpose; or

(dd).  within a municipal public park where the area is designated by signage as an area in which dogs are permitted to without a leash subject to such limitations as are posted.

 

(j)    “spayed or neutered” means incapable of reproduction as certified by a licensed veterinarian.

 

2.0 – DOG CONTROL

 

2.1  The owner of any dog which:

 

(a) runs at large; or

(b) is fierce or dangerous or;

(c) persistently disturbs the quiet of the neighbourhood by barking, howling or otherwise; or

(d) fails to remove the dog’s feces from public or private property, subject to paragraph 3;

 

is guilty of an offence against this by-law and is subject on conviction to a penalty of not less than $165.00 and not more than $1,000.00. Each of (a), (b), (c) or (d) is a separate and distinct offence.

 

2.2 It shall be a defence to a charge under 2(d) that the dog is trained to assist and is assisting a person with a disability, or that the dog owner is prohibited by the owner of private property from entering upon it to remove the feces.

 

2.3   The Animal Control Officer may, without notice or complaint against the owner of any dog, impound, sell, destroy or have destroyed on sight or after capture or otherwise dispose of a dog that:

– is fierce or dangerous; or

– is rabid or appears to be rabid or exhibiting symptoms of canine madness.

 

2.4  The Animal Control Officer may, without notice or complaint against the owner of any dog, impound and subsequently sell or otherwise dispose of a dog that runs at large contrary to the By-Law or persistently disturbs the quiet of the neighbourhood by barking, howling or otherwise;

 

 

3.0 – REGISTRATION

 

Residents are required to pay for a one-time registration in accordance with the Town’s Fee Schedule and receive a dog tag, with identification information compiled by the Town. If the tag is lost, the resident is responsible for the replacement cost equal to the initial license fee.

4.0 – DOG POUND

 

4.1   The Council shall appoint a pound keeper who shall keep all dogs delivered to him or which have been impounded after persistently running at large, and furnish them with food and water.

 

4.2   Upon a dog being impounded, the pound keeper shall, if the dog bears a tag issued by the CAO of the Town, mail to the registered owner by ordinary mail postage prepaid and shall, whether the dog bears a tag or not, post on his premises and in three other public places within the Town not later than seventy-two hours before the time fixed thereon, a notice in the following form:

 

 

DOG NOTICE

 

TAKE NOTICE that a dog (insert brief description with number on tag, if any) has been impounded in the animal pound of the Town of Annapolis Royal at                                                      , and  unless such dog is claimed (and registered) not later than (hour, day and date) the said dog may be destroyed or disposed of according to law.

 

Dated at                             , N.S. this       day of                               , A.D. 2016.

 

 

(name)

 

Pound Keeper

 

4.3   The proceeds of any sale shall be paid over to the CAO.

 

4.4    If at the expiration of the time fixed by the notice, the dog is not claimed and not registered according to this by-law, the pound keeper shall dispose of the dog, either by selling giving it away or by destroying it.  However, every effort shall be made to ensure that the dog is sold or given away, directly or indirectly (i.e. through an animal shelter) and that destruction be an option of last resort.

 

4.5.   If the owner appears and claims the dog before the time fixed by the said notice, the dog shall be turned over to him/her on payment of an impounding fee plus travel expense at the Nova Scotia Government approved rate for the actual distance traveled out and back and upon payment of any tax required by this by-law and on payment of an administration fee for posting the notice, and the pound keeper’s fees and all necessary veterinary fees incurred by him in respect thereof. The pound keeper’s fees shall be for board of each dog, for each 24 hour period and for any portion of any 24 hour period. An amount shall be charged for a dog which had not been registered.

 

The CAO or designate is authorized to make payment arrangements for the release of an impounded dog provided that thirty percent is received prior to the dog being released and the owner signs a consent document which acknowledges that should the payment arrangement not be honoured, the dog will be impounded and not released to the original owner until all impounding fees are paid in full.

 

4.6    An administration fee shall be charged for processing any cheque returned for insufficient funds.

 

4.7    Notwithstanding the foregoing, the owner of any dog which has been impounded for its third infraction within twelve months of running at large contrary to this bylaw shall not be allowed to redeem this dog.

 

4.8    Council may appoint such officers as it deems necessary for the carrying out of this bylaw including a dog regulation officer who may be appointed a bylaw enforcement officer under the terms of the Police Act.

 

5.0  REPEAL  The Town of Annapolis Royal Dogs By-law effective January 12, 2012.

 

5.1 – EFFECTIVE DATE

 

5.2  This by-law shall be effective on the date of publishing.

 

 

SCHEDULE OF FEES

 

a. Registration of one neutered male or spayed female dog $15.00
b. Registration of one male dog, not neutered or one female dog, not spayed $30.00
c. For preparing and posting notices $10.00
d. For board for each dog for each twenty-four (24) hour period and for any portion of a twenty-four (24) hour period $15.00
e. Impounding dog $30.00
f. For apprehending each dog $30.00
g. Transporting dog to a vet for disposal $40.00

 

 

 

 

 

FINES AND IMPRISONMENT

Section Fine Imprisonment
Section 4.5 Not exceeding fifty dollars ($50.00) Term not exceeding five days
Section 4.6 Not exceeding twenty-five dollars ($25.00) Term not exceeding two days

 

Dogs By-Law – Signed Jan 11 2017

 

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