By-Law No. 6 — Miramichi River Valley Animal Control By-Law — full text

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BY-LAW NO. 6 MIRAMICHI RIVER VALLEY ANIMAL CONTROL BY-LAW A By-law Relating to the Control of Animals in the Miramichi River Valley BE IT ENACTED by the Council of the Miramichi River Valley, under the authority vested in it by the Local Governance Act, SNB 2017, c 18 as follows Definitions 1. In this by-law: "Animal Control Officer "means the person or persons appointed by Council to administer and enforce this by-law; "By-Law Enforcement Officer" means a person designated by Council and to enforce the By-Law's of the Miramichi River Valley; "Council" means the Council of the Miramichi River Valley; "dog" includes the male and female of the species; "owner" means a person who: (i) is in possession of an animal; (ii) (ii) harbours an animal; (iii) (iii) permits an animal to habitually remain on property owned or under the control of that person; (iv) Licenses an animal under this by-law (v) Is a resident of the Miramichi River Valley "person" includes a corporation, firm, partnership, society or association; "resident" any person who owns, rents, leases or has lodging within the Miramichi River Valley for three consecutive months or more; "running at large" means an animal which is unleashed: (a) in a public place including a sidewalk; (b) on property other than that of the owner of the animal; (c) in a field, forest or wooded area while not in the company and control of the owner of the animal; Registration of Dogs 2 (1) Every resident who is the owner of a dog in the Rural Community of the Miramichi River Valley must register the dog under this by-law on or before the 31st day of March in each year. 2 (2) Every resident who, after the 31st day of March in any year becomes the owner of a dog which is not registered under this by-law, must register the dog within 30 days of becoming the owner once the dog reaches the age of four months. 2 (3) An application to register a dog must be made at the municipal office. The application must include the following information: (a) the name, address and telephone number of the owner; (b) the sex, breed and approximate age of the dog; (c) where the dog is more than three months old, proof of vaccination for rabies and distemper unless written notification from a certified veterinarian that the vaccine is not recommended at that time; and (d) Payment of the application fee as follows: i) $20.00 for an un-neutered male or un-spayed female up to 12 months of age, (e) ii) $10.00 for a neutered male or spayed female dog, (iii) $30.00 for an un-neutered male or un-spayed female dog over 12 months of age. 2 (4) Any owner of a dog who does not register the dog under this by-law by the required date must pay a penalty of $20.00 in addition to the license fee. 2 (5) The Clerk is to keep a record of the registration of all dogs which shall show the date and number of registrations, the description of each dog and the name of the owner. 2 (6) When a dog is registered, the municipal office will issue to the owner a tag showing the year and registration number of the dog. 2 (7) Every owner must have the tag affixed to the dog's collar and the collar must be on the dog at all times. 2 (8) If a dog tag is lost, the owner may purchase a new one for $10.00. 2 (9) A dog used as a guide or to otherwise assist a disabled person must be registered under this by-law and must wear a current tag. However, if the owner of a dog provides proof satisfactory to the Animal Control Officer that the dog is used as a guide or to otherwise assist a disabled person, the owner is not required to pay the license fee. Rabies 3 (1) Every owner of a dog over the age of three months must have the dog vaccinated against rabies unless written notification from a certified veterinarian that the vaccine is not recommended at that time and must keep the rabies vaccinations of the dog up to date. 3 (2) The Animal Control Officer may seize and impound any animal which is suspected of being rabid. The Animal Control Officer must hold the dog in quarantine and immediately notify the Health of Animals Branch. 3 (3) Every owner of an animal who knows or suspects that the animal is rabid must immediately report the animal to the Health of Animals Branch and the Animal Control Officer. Aggressive Dogs 4 (1) The owner of a dog which is known to be aggressive must not permit the dog to be in a place other than the owner's property unless: a) the dog is on a leash no longer than one meter and in the control of a responsible person over the age of 18, and b) the dog is wearing a proper muzzle. 4 (2) The owner of a dog which is known to be aggressive must display a sign at each entrance of the owner's property, warning in writing and with a symbol, that there is a dangerous dog on the property. The sign must be visible and legible from the nearest road or sidewalk. 4 (3) The owner of a dog which is known to be aggressive must not allow the dog to be adopted unless the owner gives written notice to the person adopting the dog that it is aggressive, and having provided a change of registration to the Miramichi River Valley. 4 (4) When an Animal Control Officer believes that a dog has bitten or attempted to bite a person or other animal, the Animal Control Officer may make a complaint to a Judge of the Provincial Court as provided in Section 96(1) (b) of the Municipalities Act or equivalent. 4 (5) A Judge of the Provincial Court to whom a complaint has been made under paragraph 4 (6) 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 attempted to bite a person or other animal, make an order directing: (a) that the dog be destroyed, or (b) that the owner or keeper of the dog keep the animal under control. 4 (7) When an Animal Control Officer intends to make a complaint under Section 4(4), the Animal Control Officer may seize and impound the dog at the expense of the owner pending the disposition of the complaint. If the dog is impounded under this section, the Animal Control Officer must make all reasonable efforts to have the complaint dealt with expeditiously. Other Animals 5 (1) No person shall have a snake or other reptile on a street or other public place unless it is in a case or other container designed to completely confine the snake or other reptile. 5 (2) No person shall keep or harbour any type of game animal or migratory bird without first having obtained the written consent of the Department of Natural Resources. 5 (3) No person shall place or cause to be placed, on or near any property, any matter which has the effect of attracting wild animals. This does not apply to the feeding of birds with a bird feeder." Seizing and Impounding 6 (1) The Animal Control Officer may seize and impound any dog if the dog: (a) is not registered or licensed under this by-law (b) is running at large (c) is confirmed by a veterinarian to be infected with rabies or other contagious disease; or (d) is not wearing a collar and tag issued under this by-law when the animal is off the property of the owner or when it is pursued onto the property of the owner of such animal. 6 (2) The Animal Control Officer may seize and impound any animal other than a dog if the animal: (a) is running at large; or (b) is confirmed by a veterinarian to be infected with rabies or other contagious disease. 6 (3) When the Animal Control Officer impounds an animal, he or she must: (a) if the owner of the animal is known, make reasonable efforts to notify the owner of the seizure, or (b) if the owner is unknown or cannot be located, post a notice at the municipal office stating that the animal has been impounded, giving a description of the animal and stating that the animal will be transferred to an accredited shelter after five (5) days unless the owner claims the animal. 6 (4) Before claiming an animal, the owner must: (a) establish ownership of the animal to the satisfaction of the Animal Control Officer; (b) if the animal is a dog, pay the registration fees set out in section 2(3)(d) (c) pay the seizing fee of $75.00 and the impounding fees of $75.00 per day; and\ (d) pay the cost of any treatment provided to the animal while it was impounded. 6 (5) If an animal appears to be dangerous, it will be transferred immediately to an accredited shelter by the Animal Control Officer. 6 (6) If the animal is sick or injured it must be either transferred to an accredited animal shelter or accredited veterinarian at the discretion of the Animal Control Officer. 6 (7) No person authorized by this by-law to seize, impound or destroy an animal will be liable for any injury to the animal. 6 (8) Where the use of a tranquilizer gun is deemed necessary, the Animal Control Officer or anyone acting on behalf of the Animal Control Officer must enlist the services of a qualified member of the RCMP and/or Department of Natural Resources. Owner's Responsibilities 7. No owner of an animal shall permit the animal to: (a) cause a disturbance by barking, howling or otherwise making a noise for a prolonged period of time; (b) chase pedestrians, drivers of vehicles or riders of bicycles; (c) bite or attempt to bite anyone; (d) in an aggressive or terrorizing manner approach any person in an apparent attitude of attack on any street, sidewalk or other public place or on private property other than the property of the owner; (e) cause damage to property which is not the property of the owner; or (f) run at large 7 (1) The owner of an animal must remove any feces left by the animal on a property other than the property of the owner. Trapping 8 (1) No person shall use, set or maintain a leghold trap, a killing trap or snare anywhere in the Miramichi River Valley except for: a) rodent control within buildings; and b) the setting of humane underwater traps. Enforcement 9. Any person who violates any provision of this by-law, other than a Judge's order, is liable on summary conviction to a fine of not less than $100.00 and not more than $500.00. All such fines shall be recoverable under the Provincial Offences Procedure Act, S.N.B. 1987, c. P-22.1. 10. Any By-Law Enforcement Officer or designate is hereby authorized to take such action or issue such tickets as they may deem necessary to enforce any provision of this by-law. 11. Any person who violates any provision of this by-law, other than failure to comply with a Judge's order, may at the discretion of the Animal Control Officer, pay the minimum fine prescribed, and upon payment, the person who has committed the violation will not be further prosecuted for the violation. 12. Any person who fails to comply with the provisions of an order made by a Judge of the Provincial Court under paragraph 4(5) of this by-law commits an offence punishable under Part II of the Provincial Offences Procedure Act as a Category B offence. 13. When a person is convicted of doing anything without a license for which a license is required under this by-law, the judge of the Provincial Court may, unless the person has paid the fee for such license, order payment thereof in addition to the fine. 14. EFFECTIVE DATE a. This By-law comes into effect on the date of final enactment thereof. READ FIRST TIME: April 2, 2023 READ SECOND TIME: April 2, 2023 READ THIRD TIME & ENACTED: June 4, 2024 Tina Hayes, Clerk Kevin Russell, Mayor _________________________________ ____________________________