By-Law 600-05-05 — Control of Animals

Riverview, New Brunswick · adopted 2020-06-08

This is the exact embedded text of the captured official document. Snapshot a3b12f222b32 · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

UNOFFICIAL OFFICE CONSOLIDATION - FOR REFERENCE ONLY TOWN OF RIVERVIEW BY-LAW 600-05-05 A By-law Relating to the Control of Animals in the Town of Riverview BE IT ENACTED by the Town Council of the Town of Riverview, under the authority vested in it by the Local Governance Act, SNB 2017, c 18 as follows: 1. TITLE a. This by-law may be cited as the Animal Control By-law. 2. DEFINITIONS In this by-law: a. "Animal" means domestic Animal and includes dog and cat. b. "Animal Control Appeal Committee" means a group of individuals, appointed by Council and who reside in the Greater Moncton area, and who are willing to objectively participate in a review process when an Animal Owner appeals a decision with respect to the issuance of a Notice to Muzzle. The Committee should include, where possible, a member from the Codiac Regional Policing Authority and a Veterinarian. c. "Animal Control Officer" means the person or persons appointed by the Town Council to administer this by-law. d. "Animal Shelter" means the premises at which any association, person, or agency designated by Council to take possession of an Animal shall properly care and provide for Animals impounded pursuant to this by-law, and includes the Greater Moncton SPCA and other Animal Shelters licensed as such pursuant to the Society for the Prevention of Cruelty to Animals Act, RSNB 1973, c S-12, and the regulations thereunder. e. "Bite" (noun) means a wound received from the mouth and, in particular, the teeth of an Animal, which may result in abrasions, cuts, punctures, tearing of the skin or bruising. f. "Bite" (verb) or "Bitten" means: i. To cut, puncture, wound, tear or bruise with teeth; ii. To sever with teeth; or iii. To grip with teeth. By-Law 600-05-05 Animal Control By-law Page 2 g. "By-law Enforcement Officer" means a municipal by-law enforcement officer appointed by Council to enforce the by-laws of the Town. h. "Collar" means a strap which is placed around an Animal's neck, to which a Leash, restraining device or tab may be attached. i. "Council" means the Council of the Town. j. "Custody" means the protective care or guardianship of someone to something. k. "Dangerous Dog" means a dog, which, without provocation, has: i. Or has attempted to, or is reasonably believed by any person to have or attempted to, injure, attack, bite or kill a person or an Animal; or ii. Been declared dangerous or vicious by a Veterinarian, a Provincial Court Judge or another municipality in New Brunswick. l. "Excessive Noise" means barking, howling or such other noise that may be made by an Animal for a single continuous period of time or more than 20 minutes. m. "Impound" means to seize and take custody of an Animal in order to place the Animal in an Animal Shelter. n. "Indoor Cat" means a domesticated cat that never leaves the confines of its Owner's residence. o. "Leash" means a rope, chain or other restraining material that is attached to a Collar or halter worn by an Animal and that is capable of restraining the Animal on which it is being used. p. "Licence" means a licence for a dog or cat, as verified by a tag issued by, or on behalf of, the Town. q. "Muzzle" means a humane fastening or covering device made of metal, plastic, leather, or a combination of these materials that does not interfere with the breathing, panting, ability to drink or vision of a dog when fitted and fastened over the mouth of the dog, but that is of sufficient strength to prevent the dog from biting. r. "Notice to Muzzle" means a notice issued by the Animal Control Officer or By-law Enforcement Officer to the Owner of a Dangerous Dog requiring the Dangerous Dog to wear a Muzzle and be Restrained. s. "Owner" means a person owning, possessing, harbouring or having the charge of an Animal or permitting an Animal to remain about the person's residence or premises and, where the Owner is a minor, the person responsible for the custody of the minor. By-Law 600-05-05 Animal Control By-law Page 3 t. "Police Working Dog" means a dog trained for and engaged in law enforcement by any federal or provincial agency. u. "Representative of the Town" includes any person or company working for or on behalf of the Town directly or indirectly in regards to Animals. v. "Restrained" means when a Dangerous Dog is on the property of the Owner, it shall be either securely confined indoors so as not to escape outdoors or come in contact with any person(s) who are not the Owner, or if outdoors in a securely enclosed and locked pen or structure which is suitable to prevent the escape of the Dangerous Dog and capable of preventing the entry of any person other than its Owner. 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) centimetres deep. The enclosure must also provide protection from the elements for the Dangerous Dog. The pen or structure shall not be within one (1) metre of the property line or within three (3) metres of a neighbouring dwelling unit. Such Dangerous Dog may not be chained, roped or cabled as a sole means of confinement nor shall an electronic fence be considered adequate; w. "Running at Large" means any Animal not secured by a Leash, either in a public place or on premises not owned or regularly occupied by the Owner of the Animal. x. "Service Animal" means a trained assistance dog, or other Animals specifically trained to perform physical tasks to mitigate an individual's disability, as verified by a letter from a physician or nurse confirming that the Owner requires the Service Animal for reasons relating to the Owner's disability. Assistance dogs include: guide dogs that guide individuals who are legally blind; hearing dogs that alert individuals who are deaf or hard of hearing to specific sounds; and service dogs for individuals with disabilities other than blindness or deafness. y. "Town" means the Town of Riverview. z. "Town Clerk" means the Town Clerk of the Town. aa. "Town Office" means the office of the Town located at 30 Honour House Court in Riverview, New Brunswick. bb. "Veterinarian" means a person trained in the field veterinary medicine, registered as a member of the New Brunswick Veterinary Medical Association and authorized to practice veterinary medicine in New Brunswick. cc. "Victim" means the person or domestic Animal who is injured, attacked, bitten or killed by a Dangerous Dog; dd. "Without Provocation" means that the dog has not been incited or induced to behave aggressively because: By-Law 600-05-05 Animal Control By-law Page 4 i. The dog was acting in defense of an attack on itself by a person or domestic Animal; ii. The dog was acting in defense of its offspring or reacting to a person or domestic Animal trespassing on the property of its Owner; or, iii. The dog was being teased, provoked or tormented. ee. "Witness" means a person who has, claims to have, or is thought, by someone with authority to compel testimony, to have knowledge relevant to an event or other matter of interest relating to a Dangerous Dog and includes a Victim. 3. LICENSING OF ANIMALS a. All dogs and cats shall be licensed with the Town by the Owner within: i. One Hundred Thirty (130) days of the Owner acquiring the Animal in the case of a newborn Animal; and ii. Thirty (30) days of the earliest of either the date on which the Animal first enters the Town, or the date on which the Animal is acquired by the Owner, in the case of a non-newborn Animal. b. Subject to Section 3(i), the Owner of any Animal required to be licensed under this by-law shall pay an annual licensing fee of: i. Thirty Dollars ($30.00) for any non-neutered/non-spayed Animal; and ii. Fifteen Dollars ($15.00) for any neutered/spayed Animal. c. A license under this section expires one year from the date that the Animal is licensed with the Town. d. Upon the licensing of an Animal, a Representative of the Town shall issue to the Owner a license tag, which shall indicate the license number of the Animal and the year of the license. e. Every Owner of an Animal required to be licensed shall cause such Animal to wear, at all times that the Animal is outside of the residence of the Owner, a Collar to which shall be attached the tag issued by the Town under Section 3(d). f. Subject to Sections 3(g) and 3(f), no Animal shall be licensed unless the Owner provides to the Town or its representative, a valid rabies vaccination certificate for such Animal that has been signed by a Veterinarian. g. Upon an Owner asserting that his or her cat is an Indoor Cat, the Animal Control Officer or Town Clerk shall license the cat as an Indoor Cat and the Owner shall not be required to provide evidence of a valid rabies vaccination. A cat may be designated as an Indoor Cat only at the time that the cat is first licensed. By-Law 600-05-05 Animal Control By-law Page 5 h. An Animal shall be exempt from this by-law's rabies vaccination requirements upon the Owner providing written proof from a Veterinarian advising against such vaccination for the Animal. i. There shall be no license fee for a Service Animal, but any Service Animal must be licensed and must wear at all times the license tag issued to its Owner by the Town. j. A Representative of the Town shall maintain a record of all licenses issued, which shall show: i. The date and number of each license; ii. The sex and breed of dog or cat for which a license has been issued; and iii. The name, address and phone number of the Owner of each licensed Animal. k. A license tag is not transferrable from one Owner to another or from one dog or cat to another. 4. ANIMAL CONTROL OFFICER a. Council may by resolution appoint one or more Animal Control Officer(s) to carry out any or all of the functions of this by-law. 5. ANIMAL HEALTH a. Subject to Sections 4(g) and 4(h), the Owner of a dog or cat which has not been vaccinated against rabies shall cause his or her dog or cat to be so vaccinated: i. Within ten (10) days of acquiring the dog or cat if it is more than three (3) months of age; or ii. Within ten (10) days of acquiring the dog or cat after it has reached the age of three (3) months. b. The Animal Control Officer will report an Animal suspected of being rabid to the Veterinary Services at the New Brunswick Department of Agriculture, Aquaculture and Fisheries. c. The Animal Control Officer shall, where in his/her opinion the condition of the Animal warrants the recommendation or care of a Veterinarian, impound and/or report any apparent illness, communicable diseases, injury or unhealthy condition of any Animal to a Veterinarian. The Owner of the Animal shall be held responsible for any fees incurred as a result of such consultation or treatment by the Veterinarian. d. Where an Animal is suffering from any communicable disease, the Owner shall not permit the Animal to be in any public place or in proximity of any other people or Animals. By-Law 600-05-05 Animal Control By-law Page 6 e. A person who owns an Animal that is rabid, suspected of being rabid, or that has been exposed to rabies, shall immediately report the matter to the Animal Control Officer. 6. RUNNING AT LARGE AND ANIMAL CONTROL a. No Owner of an Animal shall: i. Permit the Animal to be Running at Large; ii. Permit the Animal to bark, howl or make other Excessive Noise for such a period of time or in such a manner as to be a nuisance to the owners of properties in a given neighbourhood in the Town; iii. Permit any Animal to defecate on any property in the Town which is not the property of its Owner; iv. Refuse to remove forthwith any feces left by the Animal on any property other than the property of the Owner; v. Permit the Animal to cause damage or destroy any public or private property which is not the property of the Owner; vi. Permit an Animal to be on a public recreational field or court at any; or vii. Permit an Animal to be at a public splash pad or within the pool area at any community pool in the Town at any time. 7. FEEDING WILDLIFE a. No person shall place or cause to be placed on or near his property, any matter which has the effect of attracting, pigeons, seagulls, ducks, deer or any other wildlife thereto with the exception of song birds. 8. DANGEROUS DOGS a. Section 8 of this by-law does not apply to Police Working Dogs acting in the course of their duties. b. No Owner of a dog shall permit such dog to injure attack, bite or kill a person or domestic Animal. c. Incidents involving a Dangerous Dog, or a dog that is reasonably believed to be a Dangerous Dog, shall be reported to the Animal Control Officer within forty-eight (48) hours of the occurrence of the incident. d. A "Declaration Regarding a Dangerous Dog" shall be completed by a Witness to the incident involving the dog in question in the form prescribed by the Town Clerk and shall include, but will not be limited to, the following information to the extent known by the Witness: i. The name of the Owner of the Dangerous Dog; ii. The name, address and telephone number of the Victim or the Witness to the incident involving the Dangerous Dog; iii. A description of the Dangerous Dog, including breed, age and sex, if known, colour and other distinguishing features of the dog; iv. The dog's license tag number and rabies tag number, if available; By-Law 600-05-05 Animal Control By-law Page 7 v. The date and time of the incident, the location where incident occurred and a description of the incident; vi. The name of other Witnesses involved, if applicable; vii. The signature of the Witness or Victim. viii. Any other information deemed to be pertinent to the incident by the Witness, such as pictures of the injury or damage caused by the dog, pictures of the dog, and information regarding treatment required as a result of the incident from a physician or nurse in respect of a human Victim, or a Veterinarian in respect of an Animal Victim. e. Upon receipt of a signed "Declaration Regarding a Dangerous Dog" that has been attested to by a Witness who actually saw the alleged Dangerous Dog injure, attack, bite or kill a person or domestic Animal, the By-law Enforcement Officer or Animal Control Officer, shall declare the dog a "Dangerous Dog". f. Notice to Muzzle i. Within two business days of receipt of a duly executed "Declaration Regarding a Dangerous Dog", the Animal Control Officer or By-law Enforcement Officer shall hand deliver to the Owner of the Dangerous Dog, or send by registered mail to the last known address of the Owner of the Dangerous Dog, a Notice to Muzzle, requiring that the Dangerous Dog wear a Muzzle and be Restrained. ii. The Notice to Muzzle will be deemed to have been served on the day it was hand delivered to the Owner or within three (3) business days of the date it was sent by registered mail. g. Appeal of Notice to Muzzle i. Where an Owner of a Dangerous Dog has been served with a Notice to Muzzle pursuant to the provisions of this by-law, the Owner of the dog may apply for an appeal hearing in respect of such Notice to Muzzle. ii. An application for a hearing under Section 8(g)(i) shall be made by the Owner of the Dangerous Dog in writing, and shall clearly state the reasons for the appeal and be delivered to the Town Clerk within fourteen (14) days after the Notice to Muzzle has been served. iii. Upon receipt of the application for an appeal hearing from an Owner of a Dangerous Dog, the Town Clerk shall convene a meeting of the Animal Control Appeal Committee and shall give the Owner and the Victim and/or Witness, ten (10) days' written notice by hand delivery, email or registered mail of the time, date and location of the appeal hearing. iv. The Owner of the Dangerous Dog, the Victim and/or Witness and any other interested person, may appear at the appeal hearing to present oral or written evidence relating to the dog. By-Law 600-05-05 Animal Control By-law Page 8 v. The Owner of the Dangerous Dog and the Witness shall provide any written or pictorial evidence to be presented at the appeal hearing to the Town Clerk three (3) days prior to the appeal hearing by 12:00 p.m. vi. Any evidence so provided to the Town Clerk in accordance with Section 8(g)(v) shall be delivered to the members of the Animal Control Appeal Committee, the Owner of the Dangerous Dog, the Victim and/or the Witness, by the Town Clerk forty-eight (48) hours prior to the appeal hearing. vii. When the Owner of the Dangerous Dog does not attend the appeal hearing at the proper place and time, the Animal Control Appeal Committee may proceed with the appeal hearing in his or her absence and the Owner of the Dangerous Dog shall not be entitled to any further notice of the proceeding. viii. The Appeal Committee shall consider the evidence presented in advance of and at the appeal hearing and shall render its decision at the appeal hearing or shall reserve its decision to be presented later, which shall not be later than ten (10) days following the date of the appeal hearing. ix. On an appeal, the Animal Control Appeal Committee may confirm, modify or rescind the Notice of Muzzle. x. Notwithstanding an application by an Owner of a Dangerous Dog for a hearing to appeal a Notice to Muzzle, the Notice to Muzzle shall take effect on the day that it is served or deemed to have been served, in accordance with Section 8(f)(ii) and all requirements under Section 8(h) shall be complied with to the satisfaction of the Animal Control Officer. The Notice to Muzzle shall remain in effect until the Animal Control Appeal Committee has made its decision regarding the appeal. xi. A written copy of the decision of the Animal Control Appeal Committee shall be prepared by the Town Clerk as soon as is practicable after the rendering of the Animal Control Appeal Committee's decision and shall be hand delivered or sent by registered mail to: (i) the Owner of the Dangerous Dog at the address shown on the Owner's Application, (ii) the Victim and/or the Witness, (iii) the Animal Control Officer, (iv) the By-law Enforcement Officer, (v) Members of Council, and (vi) the Animal Control Appeal Committee members. h. Requirements of Dog Owner - Notice to Muzzle An Owner of a dog for which a Notice to Muzzle has been served, shall: i. Immediately upon being served a Notice to Muzzle, keep the Dangerous Dog Restrained at all times when the Dangerous Dog is on the property owned or regularly occupied by the Owner; ii. Immediately upon being served a Notice to Muzzle, when the Dangerous Dog is off the property owned or regularly occupied by the Owner: By-Law 600-05-05 Animal Control By-law Page 9 1. Keep the dog securely on a Leash attached to a dog Collar or halter with such Leash to be a maximum length of one and one-half (1.5) metre and of sufficient strength to restrain the dog and prevent it from chasing a person or a domestic Animal; 2. Muzzle the dog; and 3. Ensure that the dog is under the control of a physically capable person eighteen (18) years of age or older. iii. Notify the Town Clerk in writing within forty-eight (48) hours of any changes to the residency of the Dangerous Dog; iv. Notify the Town Clerk in writing within forty-eight (48) hours after the Ownership of the Dangerous Dog is transferred to another person; v. Notify the Clerk in writing within forty-eight hours of the death or euthanasia of a Dangerous Dog and provide proof of such death or euthanasia vi. Within three (3) business days of being served a Notice to Muzzle, place signage on the property owned or regularly occupied by the dog Owner that clearly warns people of the Dangerous Dog. Each required sign shall have minimum dimensions of two hundred fifty by two hundred (250 x 200) millimetres, be displayed at each entrance to the property and building in which the Animal is kept and have written and graphic warnings advising that there is a Dangerous Dog on the property; and vii. The Owner of a Dangerous Dog shall be prohibited from allowing such Dangerous Dog to enter any designated off-leash area in the Town that is so designated by signage and permits dogs to be kept off-leash. 9. IMPOUNDING a. The Council may establish one or more Animal Shelters and/or designate one or more persons representing an Animal Shelter to take possession of and properly care and provide for impounded Animals at an Animal Shelter. b. The Animal Control Officer may capture and impound in an Animal Shelter any Animal on private property (other than in a private dwelling), or public property that is: i. Not licensed as required under this By-law; ii. Not wearing a Collar or a valid tag attached to a Collar as required under this by-law other than when the Animal is inside the Owner's residence; iii. Running at Large; iv. Actually or reasonably suspected to be affected with rabies or any other contagious disease; v. Alleged to be barking, howling or making other Excessive Noise for such a period of time or in such a manner as to be a nuisance to the owners of properties in a given neighbourhood in the Town; By-Law 600-05-05 Animal Control By-law Page 10 vi. Abandoned or appears to the Animal Control Officer to have been abandoned; vii. Damaging property which is not the property of the Owner; viii. Declared a Dangerous Dog and is not wearing a Muzzle and is off the Owner's private property; ix. A Dangerous Dog, whose Owner has not complied with the requirements of Section 8. c. The Animal Control Officer may capture and impound in an Animal Shelter any Animal in a private dwelling for violations of this by-law, provided that an entry warrant has been applied for and obtained pursuant to the Entry Warrants Act, RSNB 2011, c 150. The Animal Control Officer shall be accompanied by a peace officer in the execution of an entry warrant. d. Where an Animal Control Officer impounds an Animal in an Animal Shelter, he or she shall, within twenty-four (24) hours, make reasonable efforts to notify the Owner of the Animal. e. The Owner of an Animal which has been impounded, upon proving Ownership thereof, may reclaim the Animal during the regular business hours of the Animal Shelter, unless the Animal has been impounded pursuant to Section 9(b)(iv) or 9(b)(ix), as long as the Owner is complying with the Notice to Muzzle, subject to the following: i. Payment of the following to the Town, through the Animal Control Officer or the cashier at the Town Office: 1. The registration and license fee, if the Animal is a dog or cat which is not licensed; and 2. Expenses, including Veterinarian fees, impounding fees and any other applicable fees; and ii. If payment is not received within five (5) days, or arrangements have not been made to make such payment within five (5) days, the Animal may be delivered to the Greater Moncton SPCA or another Animal Shelter. f. An Animal which has not been reclaimed five (5) days after being impounded may be delivered to the Greater Moncton SPCA or another Animal Shelter. i. Notwithstanding the foregoing, any Animal declared a "Dangerous Dog" may only be offered for sale or adoption by the Greater Moncton SPCA or another Animal Shelter with full disclosure of all documentation relating to the declaration and the requirements of Section 8 herein. ii. An Animal delivered to an Animal Shelter becomes the property of the Animal Shelter, which shall thereafter be responsible for all liabilities relating to the Animal. 10. DESTRUCTION OF AN ANIMAL a. The Animal Control Officer, upon recommendation of a Veterinarian, may have an Animal humanely euthanized immediately if he/she is satisfied By-Law 600-05-05 Animal Control By-law Page 11 that it is necessary for the protection of any person and/or Animal, and for the betterment of the Animal if the Animal: i. Has indicated signs or symptoms of rabies; ii. Has any communicable disease causing extreme stress or aggression; or iii. Has suffered injuries and a Veterinarian has determined that the Animal will not recover and should be humanely euthanized. b. When an Owner is in violation of a "Notice to Muzzle" and their Animal has: i. Attacked, bitten, or caused injury to a person or Animal; or ii. While Running at Large, aggressively pursued or harassed a person or Animal. The Animal Control Officer may file a complaint with a Judge of the Provincial Court, who may summon the Owner of the Animal to appear and show just cause as to why the Animal should not be destroyed and may make an order directing that the Animal be destroyed. c. If a person is convicted of a violation of this by-law, a Judge of the Provincial Court may, in addition to or instead of imposing a fine, order that the Animal in respect of which the offence was committed, be disposed of or destroyed. 11. ANIMAL FECES a. Every Owner of an Animal shall immediately remove any feces left by the Animal in the Town on: i. A highway or roadway; ii. A public park; iii. Sidewalks or trails; iv. Any public property; or v. Any private property other than the property of: 1. The Owner of the Animal; or 2. The person having Custody of the Animal. b. Every Owner of an Animal shall remove from his or her property, in a timely manner, feces left by an Animal belonging to the Owner, so as not to disturb the enjoyment, comfort, convenience of any person in the vicinity of the property. c. The provisions of this Section 11 apply to the Owner of an Animal regardless of whether or not the Animal was under such Owner's Custody at the time of a breach of the provisions of this Section 11. d. Section 11 does not apply to persons with a disability where such disability renders that person unable to remove feces left by their Animal. 12. OFFENCES a. A person commits an offence under this by-law who: By-Law 600-05-05 Animal Control By-law Page 12 i. Interferes or attempts to interfere with the Animal Control Officer, the By-law Enforcement Officer, or a peace officer in their exercising of their functions under this by-law; ii. Not being the Owner removes the collar or a licence tag from any Animal; iii. Violates any provision of this by-law. b. Any peace officer, By-law Enforcement Officer or Animal Control Officer is hereby authorized to take such action or issue such tickets as they may deem necessary to enforce any provision of this by-law. 13. PENALTY a. A person convicted of an offence under this by-law shall pay a fine in accordance with the provisions set out in Section 13(c). b. Where an Owner is convicted of an offence under this by-law the Owner shall pay, in addition to the applicable fine, the license fee associated with the Animal to which the offence relates where such license fee is outstanding. c. Every person convicted of an offence under Section 12(a)(i) shall be liable on conviction to a fine of one hundred dollars ($100.00) for the first offence within a twelve month period, two hundred and fifty ($250.00) for the second offence within a twelve month period, and five hundred dollars ($500.00) for the third offence within a twelve month period. d. Every person charged with an offence under this by-law, except Section 12(a)(i) may, on or before the date a charge pertaining to the offence has been laid in Provincial Court, make a voluntary payment to the Animal Control Officer or the Town Clerk of fifty dollars ($50.00) for the first offence within a 12 month period, one hundred dollars ($100.00) for the second offence within a twelve month period, and two hundred dollars ($200.00) for the third offence within a twelve month period. 14. SEVERABILITY a. If any part of this by-law shall be held invalid, such part shall be deemed severable and any invalidity thereof shall not affect the remaining parts of this by-law. 15. BY-LAWS REPEALED a. By-law 600-05-04 including any subsequent amendments and all former by-laws respecting the licensing, registration, immunization, and impounding of Animals in the Town are hereby appealed. b. The repeal of By-law 600-05-04, a By-law Relating to the Control of Animals in the Town of Riverview, shall not affect any by-law infraction, penalty, forfeiture or liability, incurred before such repeal or any proceeding for enforcing same completed or pending at the time of repeal; nor shall it repeal, defeat, disturb, invalidate or prejudicially affect any agreement completed, existing or pending at the time of repeal. By-Law 600-05-05 Animal Control By-law Page 13 16. ORDAINED AND PASSED a. This by-law comes into effect on the date of third and final reading by the Town Council of Riverview. First Reading: May 11, 2020 Second Reading: June 8, 2020 Third Reading: June 8, 2020 Original by-law and amendments thereto are on file in the Office of the Town Clerk. This document is for convenient reference purposes only. Any questions should be forwarded to the Office of the Town Clerk.