Dog Control By-Law No. S-3 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 663b13455a96 · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## DISTRICT OF CARLETON NORTH A BY-LAW RELATING TO DOG CONTROL BY-LAW NO. S- 3 ABY-LAW OF THE MUNICIPALITY OF DISTRICT OF CARLETON NORTH RESPECTING DOG CONTROL PURSUANT TO SECTION 10 OF THE LOCAL GOVERNANCE ACT OF NEW BRUNSWICK The Council of the Municipality of District of Carleton North under authority vested in it by Section 10 of the Local Governance Act, R.S.N.B. 2017, c. 18 enacts the following by-law: ## TITLE - 1.1 This by-law may be cited as the "Dog Control By-Law". - 1.2 This by-law applies to the entire area within the boundaries of the municipality of the District of Carleton North. ## DEFINITIONS In this by-law: - 2.1. "ANIMAL" means all domestic animals, and includes, but is not limited to; dogs, cats, birds, and reptiles. - 2.2. "DOG" includes bitch or male dog. - 2.3. "OWNER" means a person who: - 2.3.1. is in possession of an animal; - 2.3.2. harbors an animal; - 2.3.3. permits an animal to remain about their residence/premises; or - 2.3.4. licenses an animal under this by-law; and - 2.3.5. where the owner is a minor, means any parent or legal guardian of the minor. - 2.4. "ANIMAL CONTROL OFFICER" means a peace officer or person appointed by Council to carry out the function of this Regulation. - 2.5. "PEACE OFFICER" shall mean police officer. - 2.6. "DANGEROUS DOG" means a dog that: - 2.6.1. has killed a person or domestic animal; - 2.6.2. is attack trained; - 2.6.5. is suspected of being rabid. - 2.7. "DESTROY" means to put down in a caring and humane manner by lethal injection from a licensed Veterinarian. - 2.8. "KENNEL" means a commercial operation where more than 2 dogs are boarded for compensation, and/or bred, and/or sold on the premises. - 2.9. "RUNNING AT LARGE" occurs when the animal is found in any place other than the premise of the owner, and not secured by a leash and is not under control of the owner. ## REGISTRATION & LICENSING OF DOGS - 3.1. Every dog owner shall register and license each dog they own. - 3.1.1. Register using the DocuPet program partnered with the New Brunswick SPCA (spca-nb.docupet.com) - 3.2. A person who becomes an owner of a dog shall register the dog within thirty days of becoming the owner. - 3.3. The owner shall renew a registration of a dog before the registration expires. - 3.4. The owner of a dog registered under this by-law shall not allow or permit the tag issued for such dog to be worn by another dog; - 3.5. On receiving a registration tag, an owner shall attach and keep attached the tag to the collar of the dog. - 3.6. The owner of a dog shall ensure that the dog wears the collar at all times, other than when the dog is in an enclosure such as a kennel or the owner's residence. - 3.7. No person shall remove a collar or metal tag from any registered dog of which they are not the owner. - 3.8. A license tag that is lost after it is has been issued may be replaced by DocuPet upon application by the owner and the payment of a Replacement Dog Tag Fee per User Fee Policy #06. ## 4. RABIES - 4.1. The owner of a dog that has not been vaccinated against rabies shall cause the dog to be vaccinated against rabies within 10 days after: - 4.1.1. Acquiring the dog if the dog is three months of age or more. - 4.1.2. The dog has reached the age of three months. - 4.2. An owner who neglects or refuses to have their dog vaccinated under this section is guilty of an offence and is punishable upon conviction to a fine per User Fee Policy - 4.3. The Animal Control or any Peace Officer shall seize and impound and report to proper legal authorities any animal which is known to be or is suspected of being - 4.4. Any owner of a dog who knows or suspects that the animal is rabid or has been exposed to rabies shall immediately report the matter to the proper legal authorities. - 4.5. The Animal Control Officer shall seize and cause to be destroyed immediately any animal which is known to be rabid. ## 5. DANGEROUS DOG - 5.1. A dog suspected of being rabid will, for the purposes of this section, be considered dangerous. - 5.2. The owner of a dangerous dog shall relocate the dog from the municipality or destroy it within seven (7) days of such dog being deemed dangerous, or must: - 5.2.1. Ensure the dangerous dog is muzzled at all times when off the owner's property. - 5.2.2. At all times when off the owner's property, the dangerous 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) years; - 5.2.3. Within three (3) business days after being served a notice to muzzle and restrain, pay to the District of Carleton North the additional license fee for dangerous dogs as outlined in User Fee Policy #06. - 5.2.4. Ensure when such dangerous 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 the escape of the dangerous dog and capable of preventing the entry of any person not in control of the dangerous dog. - 5.2.5. Display a sign at each entrance to the property and building in which the dangerous dog is kept, warning in writing as well as with symbol that there is a dangerous dog on the property and such sign shall be visible and legible from the nearest street; - 5.2.6. Have a policy of liability insurance satisfactory to the municipality, covering the twelve-month period during which licensing is sought, for injuries caused by the owner's dangerous dog. The policy shall contain a provision requiring the municipality be named as an additional insured for the sole purpose of the municipality being notified by the insurance company of any cancellation, termination, or expiration of the policy. - 5.2.7. Immediately upon being served a notice to muzzle and restrain, give notice to the Animal Control officer whenever the dangerous dog is going to be off the property of the owner; - 5.2.8. Notify DocuPet of any changes to the residency of the dangerous dog; - 5.2.9. Notify DocuPet within 48 hours after the ownership of the dangerous dog is transferred to another person; - 5.2.10. Notify DocuPet within 48 hours of the dangerous dog being destroyed, including proof of death; - 5.2.11. Ensure the dangerous dog does not enter a designated off-leash area, which is so designated by signage and permits dogs may be kept off-leash; and - 5.2.12. Notify the Animal Control Officer if the dangerous dog should become at large, so public notification can be made aware. ## 6. APPEAL HEARING WITH RESPECT TO THE ISSUANCE OF A NOTICE TO MUZZLE AND RESTRAIN - 6.1. Any owner that chooses to appeal the Notice to Muzzle and Restrain will need to do so through a Provincial Court Judge. ## 7. COMPLAINT TO PROVINCIAL COURT - 7.1. A judge of the Provincial Court, upon complaint being made to them that a dog has bitten any person and upon being satisfied that the dog is dangerous may make an order: - 7.1.1. Directing the owner of the dog to keep it under control; - 7.1.2. Directing the owner of the dog to muzzle the dog at all times while in public place and/or if there is potential access to children; and - 7.1.3. Directing the owner of the dog or some other person to destroy the dog. - 7.2. A person failing to comply with an order under section 7.1 is liable to a fine for every day that they fail to do so. ## 8. RUNNING AT LARGE AND DOG CONTROL - 8.1. No owner of a dog shall: - 8.1.1. Permit the dog to run at large; - 8.1.2. Permit the dog to bark incessantly to the extent that annoyance is caused to the public: - 8.1.3. Permit the dog to chase or run after pedestrians, motor vehicles, bicycles or other animals; - 8.1.4. Permit the dog to bite or attempt to bite a person or animal; - 8.1.5. Permit the dog to approach any person or other animal in an aggressive or terrorizing manner upon any street, sidewalk, public grounds or place, or on private property other than the property of the owner; - The owner of a dog trained to guard person and/or property and/or trained to attack shall provide, maintain and use an escape proof enclosure and shall keep the said dog in the enclosure for such periods of time when the dog is left unattended by the owner. - 8.3. No owner of a bitch shall suffer or permit such bitch to be upon the street or in any public place while the bitch is in heat. ## 9. SEIZURE AND IMPOUNDING - 9.1. An Animal Control Officer shall seize and impound any dog found running at large and if the owner of such dog is known or cannot be located, post the notice as required by Section 9.2.1. and after the requirements of the sub-section are satisfied, may sell or destroy such dog which has not been claimed by the owner or anyone on their - 9.2. Before the Animal Control Officer sells or destroys a dog, which is impounded, they will give notice to the owner. If the dog cannot be identified, the Animal Control Officer will: - 9.2.1. Post a notice on the SPCA Facebook page stating that such dog has been impounded and will be made available for adoption from a licensed shelter 72 (seventy-two hours from the time of giving the notice, unless the owner, or anyone on the owner's behalf, claims the dog and pays the costs set out in Section 9.3; and - 9.3 The Animal Control Officer shall collect from the owner before releasing the dog or from the purchaser at the time of the sale of the dog, the total of all costs of maintaining the dog including transportation fees. - 9.4 Until such a time as the Court makes an order, an animal that has bitten any person may be seized and impounded by the Animal Control Officer, in the interest of public safety. The animal will then be disposed of in accordance with the order of the court and the owner or keeper will be responsible for the payment of accumulated fines and pound fees, should the Court so direct. - 9.5 No person authorized under this by-law to capture, impound, or destroy an animal shall be liable for damages, for any injury or damage caused to such animal while the same animals is being captured, impounded, or destroyed. ## 10. OFFENCES - 10.1. The owner of a dog commits an offense under this regulation if: - 10.1.1. They permit their dog to run at large; - 10.1.2. They refuse or neglect to register their dog under Section 3 of this regulation; - 10.1.3. They refuse or neglect to attach and keep a licensed tag to the collar of the dog; - 10.1.4. They refuse or neglect to cause their dog to wear a collar at all times other than when it in a kennel or residence; - 10.1.5. They permit their dog to chase or run pedestrians or motor vehicles; - 10.1.6. They permit their dog to bark incessantly to the extent that annoyance is caused to the public. - 10.2. Any person commits an offence under this by-law if: - 10.2.1. They interfere or attempt to interfere with the Animal Control Officer while they are exercising their functions under this by-law, or - 10.2.2. They, not being the owner, remove a collar or license tag from the dog, or - 10.2.3. The refuse or neglect to have their dog vaccinated regularly for rabies. - 10.3. Notwithstanding anything herein contained, the Animal Control Officer may, either before or after the institution of proceedings against a person for an alleged violation, hereunder accept from the person alleged to have been guilty of such violation the payment of a sum equal to the minimum fine prescribed for violation together with legal costs of proceedings to that date, if any, and thereupon the Animal Control Officer shall issue a receipt and shall forthwith forward to the Town the amount so received. - 10.4. A payment made under section 9.3 shall constitute a full satisfaction, release and discharge of all penalties and imprisonment incurred by such owner for such violation, and for the purposes hereof shall have the same effect as if a judge had duly convicted the person of the violation for which the amount was paid, and a ertificate purporting to be signed by the Clerk of the Town, or by the Registrar t le effect that the sum has been paid in respect of a specific violation be "prim facie" evidence in all courts of the conviction ## 11. PENALTY - 11.1. Unless otherwise provided for herein, a person who fails to comply with or violates any provision of this by-law is guilty of an offence and is liable on summary conviction to a fine: - 11.1.1. for the first offence as outlined in User Fee Policy #06; - 11.1.2. for the second offence as outlined in User Fee Policy #06; - 11.1.3. for the third offence as outlined in User Fee Policy #06; - 11.1.4. for the fourth offence, the municipality will have the right to prohibit a person from owning, keeping, possessing, harboring, licensing or registering a dog in perpetuity, and/or impose a fine per User Fee Policy #06 at the municipality's discretion. - 11.2. When an owner of a dog has not complied under Section 3.1.1., the Animal Control Officer may, in addition to the fine, order the owner to pay the license fee as required. ## 12. MISCELLANEOUS - 12.1. Council may by regulation appoint an Animal Control Officer. - 12.2. Council may from time to time enter into agreement with the Province to engage the services of a provincial employee to act as Animal Control Officer, or registrar. READ FIRST TIME: January 28, 2025 READ SECOND TIME: February 25, 2025 READ THIRD TIME AND ENACTED THIS 25th DAY OF February 2025 CORPORATE TO, JANUARY 1 2023 I    Any means CLERK Town of Florenceville-Bristol By-law No. 8 A By-law to Respecting Animal Control enacted October 18, 2018, and all amendments thereto, is hereby repealed. Village of Bath By-law No. s-3.1 By-law Relating to Animal Control enacted March 12, 2012, and all amendments thereto, is hereby repealed Village of Centreville By-law No.5 A By-law Relating to the Licensing and Regulating of Dogs enacted February 15, 1999, and all amendments thereto, is hereby repealed.