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J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 431 2010 Village of Belcarra Animal Control Consolidated.doc
A Bylaw to provide for animal control within the municipal boundaries of the Village of Belcarra.
This consolidation is a copy of a bylaw consolidated under the authority of Section 139 of the
Community Charter. This consolidation is not a legal document. Individual copies of the bylaw
may be obtained by contacting the Village Office. This bylaw is printed under and by authority of
the Chief Administrative Officer of the Village of Belcarra.
- Regulatory Bylaw Enforcement and Penalties Amendment Bylaw No. 519, 2018
effective date May 22, 2018
WHEREAS pursuant to the Community Charter, the Council of the Village of Belcarra may
regulate, prohibit and impose requirements regarding animals;
AND WHEREAS it is deemed desirable to provide for the impounding of animals, the operation
of a pound, regulate and fix fines and provide for the adoption or destruction of animals
impounded where animals are not claimed within the time and in the manner established by
bylaw or where the penalty or fees are not paid within a reasonable time;
NOW THEREFORE the Village of Belcarra Council enacts as follows:
1.
This Bylaw may be cited as "Village of Belcarra Animal Control Bylaw No. 431, 2010".
Definitions
2.
In this Bylaw:
"aggressive dog" means a dog that meets any one or more of the following conditions:
a) a dog that has attacked, bitten or caused injury, with or without provocation, to a
person or has demonstrated a propensity, tendency or disposition to do so;
b) a dog while, running at large, has bitten, killed or caused injury to a domestic animal;
c) a dog that, while running at large, has aggressively pursued or harassed a person or
domestic animal;
d) a dog owned or harboured primarily, or in part, for the purpose of dog fighting or a
dog trained for dog fighting; and
e) a dog that has been found to be dangerous or aggressive by a Provincial Court by a
previous bylaw, by another local government, or by a regional district.
"Council" means the Council of the Village of Belcarra;
"dangerous dog" has the same meaning as defined in the Community Charter;
"diseased dog" means any dog having disease, sickness, injury or mutilation, including,
but not limited to, rabies;
"dog" means an animal of the canine species regardless of age or sex;
"dog shelter" means any erection, house, kennel, building or structure in which dogs
are kept or harboured;
"enclosure" means a structure at least 1.8 metres (6 feet) in height, having a solid floor,
and wire or steel mesh sides and roof, constructed to confine an aggressive dog and
prevent the entry of young children.
"impounded" means a seized, delivered, received or taken into the Pound or into the
custody of the Poundkeeper pursuant to this Bylaw;
"keeping, kept" means owning, possessing, having the care, custody or control of, or
harbouring a dog(s);
VILLAGE OF BELCARRA
Consolidated
Animal Control Bylaw No. 431, 2010
Village of Belcarra Animal Control Bylaw No. 431, 2010
2
"municipality" means the Village of Belcarra;
"nuisance dog" means a dog disturbing the quiet, peace, enjoyment or comfort of the
surrounding neighbourhood, through acts of persistent barking, yelping and howling; or
through acts of aggressive or threatening behaviour;
"Officer" shall mean any person appointed by Council as a bylaw enforcement officer or
building inspector and includes any police officer;
"owner" means any person who:
a)
owns, is in possession of or has the care, custody or control of a dog, temporarily or
permanently; and
b)
harbours or allows a dog to remain on or about their house, land or premises;
"public place" includes but is not limited to any highway, boulevard or park, other real
property owned, held, operated or administered by the municipality, the provincial or
federal government or any agency thereof;
"pound" means the premises, including land and buildings where animals impounded or
received under this Bylaw are to be kept;
"Poundkeeper" means the person or body corporate appointed from time to
time under this Bylaw for the purpose of enforcing and carrying out the
provisions of this Bylaw, and shall include any delegate appointed as such;
"running at large" means in reference to a "dog" that is not in or upon the premises of
its owner; is not under the care and control of its owner and is not secured on a leash to
its owner off the property of its owner.
Number of Dogs
3.
There is a maximum of three dogs permitted over the age of four months to be kept on
any parcel of real property in any area of the municipality at one time.
Nuisance Dogs
4.
For the purpose of this section a nuisance dog shall be considered in breach of this
Bylaw.
5.
No person shall own or keep a nuisance dog unless at all times the dog is confined
indoors, or controlled in a manner as not to allow the dog to become a nuisance to the
community.
Dog Defecation
6.
If any dog, while lawfully or unlawfully in a public place or on a private property other
than property owned by the owner of such dog and without the consent or knowledge of
the owner of such private property, defecates, the owner of the dog is responsible for
ensuring that the feces are fully removed from the public place or private property and
disposed of in a sanitary manner.
7.
Where the dog has been recognized as a guide animal pursuant to the Guide Animal Act
and is at the relevant time, in the care and control of a person with a disability pursuant
to the Guide Animal Act, whose disability renders that person incapable of removing and
disposing of the feces, this section does not apply.
Aggressive Dogs
8.
No person shall own or keep an aggressive dog unless it is confined indoors, or confined
in an enclosure designed to prevent the dog from escaping from the enclosure.
9.
No owner of an aggressive dog shall permit, suffer or allow the dog to be on any streets
or in any public place or any other place that is not owned or controlled by that person
Village of Belcarra Animal Control Bylaw No. 431, 2010
3
unless the dog is muzzled to prevent it from biting other domestic animals, dogs or
humans.
10.
It shall not be lawful for any person to own any aggressive dog within the municipality
unless the same shall be sufficiently secured, so as to prevent it from endangering the
safety of other domestic animals, dogs or humans.
11.
No person shall allow an aggressive dog to run at large within the boundaries of the
municipality.
Duties of the Poundkeeper
12.
Upon receiving a specific complaint about a nuisance dog that is in breach of this Bylaw,
the Poundkeeper or Officer shall inform the dog owner that the dog has been deemed to
be a nuisance and the dog owner may be in breach of municipal bylaws.
13.
The Poundkeeper or Officer may at any time impound any dog running at large.
14.
Upon impounding an animal, the Poundkeeper or Officer shall, within 24 hours,
attempt make effort to notify the owner that the animal has been impounded:
a) Where the owner of an impounded animal is known to the Poundkeeper or
Officer;
b) By posting a notice of impoundment, within 24 hours, on the notice board at the
entrance to the Municipal Hall and publish a notice of impoundment in the local
newspaper where the owner of the impounded animal is unknown to the
Poundkeeper or Officer.
15.
The notice referred to in Section 14 of this Bylaw shall include a description of the animal
which has been impounded and shall specify the place where, and the time when the
dog will be sold or destroyed if not previously reclaimed, after notice is given or
published and posted in accordance with Section 14.
16.
The Poundkeeper may retain any impounded animal for a period of not less than
240 hours. If such animal is not reclaimed and/or the penalty fees are not paid within
such time, the Poundkeeper may sell, dispose of, or humanely destroy an animal
after the expiration of 240 hours from impoundment or notification under Section 14,
whichever is the later.
Destruction of Diseased or Dangerous Dogs
17.
Where a diseased dog is impounded pursuant to this Bylaw, the Poundkeeper may,
within 96 hours of such impoundment destroy any animal suffering from an incurable
disease or life-threatening illness upon certification of the animal's condition by a
licenced veterinarian.
18.
Where a dangerous dog is impounded pursuant to this Bylaw, the Poundkeeper or
Officer may, within 96 hours of such impoundment, apply to the Provincial Court for an
order directing that the dangerous dog be destroyed.
19.
Where an application to the Provincial Court is made pursuant to Section 18 of this
Bylaw, the Poundkeeper or Officer shall provide the owner of the dangerous dog within
24 hours written notice of the application date and time in order that the owner may have
the opportunity to speak to the application for an order for destruction.
20.
A notice issued pursuant to section 19 of this Bylaw shall be deemed to have been
received by the owner if served in accordance with the following procedures:
a)
if the name and address of the owner is known to the Poundkeeper or Officer, by
delivery of the notice by hand, by courier, or by registered mail to the owner at
that address; or
Village of Belcarra Animal Control Bylaw No. 431, 2010
4
b)
where the owner of the animal is unknown to the Poundkeeper or Officer, the
Poundkeeper or Officer may post a notice on the notice board at the main
entrance to the Municipal Hall and a notice in the local newspaper.
Offence
21.
No person shall take or rescue or attempt to take or rescue any animal that is in the lawful
custody of the Poundkeeper.
22.1
The Enforcement Officer may issue a Bylaw Notice to any person who has contravened
this bylaw. Notwithstanding, nothing shall limit or remove the right of the Village to
prosecute any offence by way of an information being laid and a summons issued in
accordance with the procedures set out in the Offence Act.
(Bylaw Amendment No. 519, 2018)
22.2
Every person who violates a provision of this bylaw, or who consents, allows or permits
an act or thing to be done in violation of a provision of this bylaw, or who neglects or
refrains from doing anything required by a provision of this bylaw, is guilty of an offence
and is liable, upon summary conviction, to a fine not exceeding $10,000 and not less than
$2,500, and is guilty of a separate offence each day that a violation continues or exists.
(Bylaw Amendment No. 519, 2018)
Fees and Charges
23.
The owner of any impounded animal may reclaim the animal at any time prior to its sale
or destruction and must pay the impoundment fees to the municipality as set out in the
Fees and Charges Bylaw in accordance with the number of days the animal is
impounded.
Severability
24.
If a portion of this Bylaw is held invalid by a Court of competent jurisdiction, then the
invalid portion must be severed and the remainder of this bylaw is deemed to have been
adopted without the severed section, subsection, paragraph, subparagraph, clause or
phrase.
Repeal
25.
The "Village of Belcarra Dog Control Bylaw No. 279, 1998" and amendments thereto are
hereby repealed.
READ A FIRST TIME on October 4, 2010.
READ A SECOND TIME on October 4, 2010.
READ A THIRD TIME on October 18, 2010.
ADOPTED by the Council on November 1, 2010.
Mayor Ralph E. Drew
Lynda Floyd
Chief Administrative Officer
This is a certified a true copy of
Village of Belcarra Animal Control Bylaw No. 431 2010
Chief Administrative Officer