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BY-LAW NO. 19-08
A BY-LAW OF THE MUNICIPALITY OF SAINT ANDREWS RESPECTING
ANIMAL CONTROL PURSUANT TO SECTION 10 OF THE
LOCAL GOVERNANCE ACT OF NEWBRUNSWICK.
1. TITLE
2
2. DEFINITIONS
2
3. REGISTRATION AND LICENSING
6
4. ANIMAL CONTROL OFFICER
8
5. RABIES
8
6. DISTEMPER AND PARVOVIRUS
9
7. RUNNING AT LARGE AND ANIMAL CONTROL
9
8. FIERCE OR DANGEROUS ANIMALS
10
9. IMPOUNDING
11
10. DESTRUCTION
14
11. REPTILES, PIGEONS, AND OTHER ANIMALS
15
12. DEER
16
13. OFFENCES
16
14. PENALTY
16
15. FEES AND TARIFFS
17
16. SEVERABILITY
17
17. ENFORCEMENT
17
18. BY-LAWS REPEALED
17
19. EFFECTIVE DATE
18
BY-LAW NO. 19-08
A BY-LAW OF THE MUNICIPALITY OF THE TOWN OF SAINT ANDREWS
RESPECTING ANIMAL CONTROL
The Council of the Town of Saint Andrews, under authority vested in it by Section
10 of the Local Governance Act of New Brunswick, enacts as follows:
TITLE
a.
This By-law may be cited as the "Animal Control By-law",
b.
The provisions of this By-law apply within the entire area of the
Town of Saint And rews.
2.
DEFINITIONS
In this By-law:
a. "animal" includes, but is not limited to, a dog, cat, or horse.
b. "Animal Control Officer" includes a peace officer and/or a person
appointed by Council to carry out any or all of the functions of animal
control pursuant to this By-law;
c.
"animal shelter" means any association, person, pound or agency
designated by Council to take possession of and properly care and
provide for animals impounded pursuant to this By-law;
d. "breeder" means an owner who keeps and/or sells more than two (2)
unaltered dogs and/or three (3) altered dogs;
e. "cat" includes male and female cat;
f.
"Clerk" means the Clerk of the town of Saint Andrews;
g.
"Council" means the Council of the town of Saint Andrews;
h. "day" means a 24-hour period;
i.
"Deer" (singular and plural) are the ruminant mammals forming
the family Cervidae. Species in the family include white-tailed deer, mule
deer such as black-tailed deer, elk, moose, red deer, reindeer(caribou),
fallow deer, roe deer.
j.
"dog" includes a male or female dog;
7
k.
"fierce or dangerous animal" means an animal which meets any
one of the following conditions:
i.
an animal that has attacked, bitten or caused injury to a person, either
on public or private property or has demonstrated a propensity,
tendency or disposition to do so;
H.
an animal that has attacked, bitten or caused injury to a domestic
animal, either on public or private property;
Ui. an animal that, while running at large, has aggressively pursued or
harassed a person;
iv. an animal that, while running at large, has aggressively pursued or
harassed a domestic animal;
v.
an animal with a known propensity to attack or injure a person without
provocation;
vi. is attack trained;
vU. is kept for the purpose of security or protection, whether residential,
commercial or industrial, of persons or property; or
viii. is a potentially dangerous animal.
I.
"horse" includes a male or female horse.
m. "kennel" means a place where animals are housed which can
include a residence or place of business;
n. "muzzle" means a humane fastening or covering device of
adequate strength over the mouth of an animal to prevent it from
biting.
o. "owner" includes a person, partnership, association or corporation
who:
i.
is in possession of an animal;
U.
harbours an animal;
Hi. suffers an animal to remain about his or her property or property under
his or her control;
3
iv. is a registered owner, according to Service New Brunswick records, of
property where an animal is allowed or permitted to remain; or
v.
registers or licences an animal under this By-law;
p.
"potentially dangerous animal" means an animal:
i.
which has been impounded three (3) times within any twenty-four (24)
month period;
H.
for which the owner has received a municipal ticket or official warning
concerning animal control three (3) times within any twenty-four (24)
month period; or
iii. for which the total number of impounds, tickets and warnings total
three (3) within any twenty-four (24) month period.
q. "public place" means any property that is not privately owned and
includes Municipal, Provincial, and Federal property;
r.
"reptile" means an air-breathing, scaly cold-blooded vertebrate and
includes snakes;
s.
"running at large" means:
i.
to be tethered on a tether of sufficient length to permit the animal to
leave the property boundaries of the premises occupied by the owner;
ii.
not secured by a leash having a maximum length of three (3) meters in
a public place; or
Hi. to be unleashed:
(1)
in a public place;
(2)
on private property other than that of the owner or keeper of the
animal without consent of the owner of the property; or
(3)
in a forest or wooded area, while not in the company or control
of the owner or keeper thereof.
t.
"street" includes road, sidewalk, alley, park, public square and
property under the control of the town.
u. "unaltered" means an unneutered male or an unspayed female
dog.
4
v.
"service animal" means an assistance dog and may include other
animals specifically trained to perform physical tasks to mitigate an
individual'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. The
presence of an animal as being trained to mitigate an individual's disability
does not qualify said animal as a service animal.
3.
REGISTRATION AND LICENSING
a.
Every owner of a dog shall:
i.
register with the Clerk, or other person(s) so designated by Council by
December 31tof each calendar year, each dog which he/she owns,
and obtain a license pursuant to the provisions of this By-law for the
next calendar year;
U.
provide the Clerk, or other person(s) so designated by Council, with
the following information which will be recorded and retained:
(1)
the owner's name and place of residence,
(2)
the name, age, breed, colour and sex of the dog,
(3)
proof of current rabies vaccination
Ni. pay, in accordance with Section 15 of this By-law, to the Clerk, or other
person(s) so designated by the Council, a license fee for each dog
which he/she owns, subject to the following:
(1)
the licence fee for any newly acquired dog that is being
registered between July 1 and October 31 in any year shall be
fifty percent (50%) of the fee set out in Section 15 of this By-law;
(2)
there shall be no license fee for a "service animal", but it must
be licensed and wear a current tag;
(3)
dogs which are being purebred and raised by a breeder, who is
duly registered by the Canadian Kennel Club and holds a
current Breeder's Licence, are exempt from the licensing
requirements until they reach six (6) months of age.
b.
All licenses issued pursuant to this By-law shall expire at midnight on the
thirty4irst day of December of each year. Further provided an application
may be made after November 1st in any year for a license for the following
5
year, which shall be valid from the date of its issuance. When an owner
ceases to own a dog for which the license was given, the license shall
expire.
c.
An approved certificate from a veterinary or animal hospital is required as
proof that a male dog is castrated, or a female dog is spayed, and an
approved certificate from a veterinary or animal hospital confirming the
dog(s) has received its rabies immunization pursuant to Section 5
RABIES.
d.
Every owner of a dog which is registered under this By-law shall forthwith
advise the Clerk, or other person(s) so designated by Council, within thirty
(30) days of the change of ownership and every owner who sells a dog
which is registered under this By-law shall advise the purchaser of the
registration and licensing provisions set out herein.
e.
Every person who conveys or receives a dog not necessarily by way of
sale and purchase shall nevertheless follow the same provisions as set
out in Subsection 3(d) herein.
f.
The Clerk, or other person(s) so designated by Council, at the time of
registration of the dog, shall issue to the owner a license tag upon which is
inscribed the registration number and the year of registration.
g.
A license tag is not transferrable from one owner to another or from one
dog to another.
h.
A license tag which is lost, after it has been issued for the current year,
may be replaced by the Clerk, or other person(s) so designated by
Council, upon application by the owner and payment of any fees pursuant
to Section 14 of this By-law.
i.
Every owner of a dog shall cause a dog, registered by him or her under
this By-law, to wear a collar to which the tag, issued under Subsection 3(0
shall be attached.
j.
The provisions of Subsection 3(a) shall not apply to:
i)
an owner of a dog who is visiting in the Town for less than twenty-one
(21) days per calendar year; or
N)
an owner of any dog in the Town for the purpose of the dog
participating in a dog show.
Ni) A dog in a pet establishment as defined in Regulation 2010-74 under
the Society for the Prevention of Cruelty to Animals Act until the dog is
sold or otherwise leaves the pet establishment.
6
k.
The maximum numbers of dogs permitted to be kept on a lot and the
location where keeping of animals is permitted, shall be in accordance
with the provisions of the Town of Saint Andrews Zoning By-law in a
Residential Zone.
4.
ANIMAL CONTROL OFFICER
a.
Council may by resolution appoint an Animal Control Officer to carry out
any or all of the functions of this By-law.
b.
Council may by resolution assign requirement to carry any or all of the
functions of this By-law to the By-law enforcement officer.
5.
RABIES
a. 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 after it has reached the age of three (3) months.
b. When a dog is more than three (3) months of age on the coming into
force of this By-law, and it has not been vaccinated against rabies, the
owner shall cause such dog to be vaccinated against rabies within one (1)
month thereafter and every three (3) years following.
c.
Except as otherwise provided in this Regulation, a person who violates or
fails to comply with a provision of this Regulation commits an offence that
is punishable under Part 2 of the Provincial Offences Procedure Act as a
category B offence.
d. The Animal Control Officer will report an animal suspected of being rabid
to the District Medical Health Officer and to the Royal Canadian Mounted
Police.
e. The Animal Control Officer shall, where in his/her opinion the condition of
the animal warrants the recommendation or care of a veterinary surgeon,
impound and/or report any apparent illness, communicable diseases,
injury or unhealthy condition of any animal to a veterinary surgeon. The
owner of the animal shall be held responsible for any fees incurred as a
result of such consultation or treatment by the veterinary surgeon.
7
f.
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;
g.
A person who owns an animal that is rabid or suspected of being rabid or
has been exposed to rabies shall immediately report the matter to the
District Medical Health Officer and to the Royal Canadian Mounted Police
and to the Animal Control Officer.
6.
DISTEMPER AND PARVOVIRUS
a. The owner of a dog which has not been vaccinated against distemper and
parvovirus shall cause the dog to be so vaccinated:
i.
within ten (10) days of acquiring such dog if it is more than four (4)
months of age, or
H.
within ten (10) days after it has reached the age of four months;
b. when a dog is more than four (4) months of age on the coming into force
of this By-law and it has not been vaccinated against distemper and
parvovirus, the owner shall cause such dog to be vaccinated within thirty
(30) days thereof.
7.
RUNNING AT LARGE AND ANIMAL CONTROL
No owner of a dog shall:
a.
permit the dog to wn at large;
b.
permit the dog to bark, bay or make other noise for such a period of time
or in such a manner as to be a nuisance which is annoying and disturbing
to the owners of land in the neighbourhood;
c.
permit a female dog to be in public while in heat;
d.
suffer or permit any dog to defecate on any property in the town which is
not the property of its owner;
e.
fail to remove forthwith any feces left by the animal on a property other
than the property of the owner;
f.
suffer or permit the dog to cause damage to property which is not the
property of the owner;
8
g.
permit a dog, whether restrained or not, to be on a public beach normally
used for swimming at any time during the year.
8.
FIERCE OR DANGEROUS ANIMALS
a. The Town Administrator and the Director of Community Services, upon
the recommendation of the Animal Control Officer if he or she has
sufficient evidence to believe that an animal should be declared a fierce or
dangerous animal, may declare an animal a fierce or dangerous.
i.
If the Animal Control Officer declares an animal to be fierce or
dangerous, the owner of such animal may appeal the decision to a
Court.
b. The owner of an animal which has been declared a fierce or dangerous
animal by the Animal Control Officer shall ensure that:
i.
such animal is licensed with the Town as a fierce or dangerous animal
in accordance with Section 15;
U.
such animal is spayed or neutered;
iii. they comply with the owners' responsibilities as outlined in this By-law;
iv. at all times when off the owner's property, the animal shall be muzzled;
v.
at all times when off the owner's property, the animal 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);
vi. when such animal 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 fierce or dangerous
animal and capable of preventing the entry of any person not in control
of the animal. 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
animal. 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 animal may not be chained as a means of confinement;
vU. a sign (as provided by the Town with a Fierce or Dangerous Animal
Licence), with minimum dimensions of two hundred fifty by two
hundred (250 x 200) millimetres, is displayed at each entrance to the
9
property and building in which the animal is kept warning in writing, as
well as with a symbol, that there is a dangerous animal on the
property. This sign shall be visible and legible from the nearest road or
thoroughfare;
9.
IMPOUNDING
a. The Council may establish one or more animal pounds or designate one
or more animal shelters to take possession of and properly care and
provide for impounded animals.
b. The Animal Control Officer or a member of the Royal Canadian Mounted
Police may capture and impound any animal on private, (other than in a
private dwelling), or public property, that is:
i.
not registered or licensed as required under this By-law;
ii.
not wearing a collar or a tag attached to a collar as required under this
By-law other than when the animal is in a kennel or is in the owner's
residence;
Hi. running at large;
iv. actually or suspected to be affected with rabies or any other
contagious disease;
v.
alleged to be barking, baying or making other noise for such a period
of time or in such a manner as to be a nuisance which is annoying and
disturbing to the owners of land in the neighbour-hood;
vi. abandoned or appears to the Animal Control Officer to have been
abandoned;
vH. alleged to have bitten or attempted to bite a person;
vHi. alleged to have bitten or attempted to bite a domestic animal;
ix. a female dog in a public place while in heat;
x.
a fierce or dangerous animal and is unmuzzled and off the owners
private property.
xi. damaging property which is not the property of the owner;
xii. whether restrained or not, on a public beach or in an area of the water
normally used for swimming at a public beach each year this by-law is
in force;
10
xHi. a fierce or dangerous animal and its owner has not complied with the
provisions of Section 8.
c. The Animal Control Officer may capture and impound any animal in a
private dwelling for violations of the By-law provided that a entry warrant
has been applied for and obtained pursuant to the Entry Warrants Act.
The Animal Control Officer shall be accompanied by a peace officer in the
execution of the search warrant.
d.
A Provincial Court Judge may issue an entry warrant if satisfied that an
Animal Control Officer or peace officer has reasonable and probable
grounds to believe that an offence has been committed under this By-law
involving an animal or its owner and that such animal is in or upon a
private dwelling, business or any place whatsoever.
e. Where an Animal Control Officer impounds an animal, he or she shall,
within 24 hours, make reasonable efforts to notify the owner of the animal.
f.
Subject to Subsection 9(g) and Section 10, 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 upon
payment of the following to the Clerk, or other person(s) so designated by
Council, unless the animal has been impounded as a result of having
bitten a person or the animal is actually or suspected to be affected with
rabies or any other contagious disease:
i.
the registration and license fee if the animal is a dog which is not
registered and licensed;
ii.
expenses, (including veterinarian fees), costs and legal fees relating to
the capturing, impounding and legal proceedings incurred by the town;
Hi. impounding and other applicable fees shall be as set out pursuant to
Section 15 of this By-Law;
iv.
if an offence under this By-law has been committed, a voluntary fine
as set out pursuant to Section 14 of this By-law.
g. The owner of any animal which has been impounded three (3) times within
any twenty four (24) month period or for which the owner has received a
municipal ticket or official warning concerning animal control three (3)
times within any twenty four (24) month period or for which the total
number of impounds, tickets and warnings total three (3) within any
twenty-four (24) month period, shall not be permitted to reclaim such
animal.
11
h. An animal, which has not been reclaimed within a period of Seventy-two
(72) hours after being impounded, exclusive of Statutory Holidays and
Sundays, may be sold by the animal shelter for the best price that can be
obtained and the monies derived from such sale shall be applied to the
payment of the animal shelter and the balance, if any, shall be paid to the
Clerk, or other person(s) so designated by Council.
i.
Notwithstanding the foregoing, fierce or dangerous animals may not be
offered for sale or adoption, but must be humanely euthanized by an
animal shelter, animal control agency or licensed veterinarian.
i.
An animal which is impounded and cannot be sold for any reason,
including the fact that the animal is infected with rabies or any other
contagious disease may be destroyed in such manner as may be directed
by the Animal Control Officer or in a manner deemed most humane by the
New Brunswick Society for the Prevention of Cruelty to Animals or a
licensed veterinarian and the owner shall pay the costs and expenses
referred to in Subsection 9(fffV and Subsection 9(0(110.
j.
The Pound Keeper may continue to keep the animal in the pound longer
than the period specified in Subsection 9(h), when the owner:
i.
requests the animal, which is not a fierce or dangerous animal, be kept
for a longer period, or
H.
advised the Pound Keeper of his/her ownership but does not pick up
the animal from the pound within the time provided in Subsection 9(h),
and when,
(1)
there is sufficient room in the pound to continue to keep the
animal,
(2)
the animal is not vicious, rabid, suffering from a communicable
disease, ill or injured,
(3)
the animal is not required to be destroyed under this
Bylaw, and
(4)
the Pound Keeper is satisfied that the owner or anyone acting
on his/her behalf will pay all fees and charges for which the
owner is or becomes liable.
iii. is being prosecuted pursuant to Section 1O.b. of this by-law.
12
k.
No person authorized by this By-law to capture and impound or destroy an
animal shall be liable in damages for any injury or damage to such animal
while the same is being captured and impounded or destroyed.
ID.
DESTRUCTION
a. Any animal impounded under this By-law may be destroyed after ten (10)
days, provided that the Town Administrator and the Director of Community
Services, upon the recommendation of the Animal Control Officer, is
satisfied that it is necessary for the protection of persons and/or property,
and the animal:
i.
has been or is determined to be running at large;
N.
has bitten or attempted to bite a person;
Ni. has rabies, distemper or any other communicable disease;
iv. has suffered injuries and a Doctor of Veterinary Medicine has
determined that the animal will not recover and should be
destroyed;
v.
has attacked, bitten or attempted to bite, or caused injury to a
domestic animal; or
vi. has been declared a fierce or dangerous animal;
b.
A Judge of the Provincial Court to whom a complaint has been made,
alleging that an animal has:
i.
attacked, bitten, attempted to bite, or cause injury to a person;
ii.
attacked, bitten, attempted to bite, or cause injury to a domestic
animal;
Hi. while running at large, has aggressively pursued or harassed a
person; or
iv. while running at large, has aggressively pursued or harassed a
domestic animal
may summon the owner of the animal to appear and to show cause
why the animal should not be destroyed and may make an order
directing:
(1) that the animal be destroyed, or
'3
(2) that the owner or keeper of the animal keep the animal under
control.
c. The Animal Control Officer or a member of the Royal Canadian
Mounted Police may kill on site an animal which that person is unable
to seize if they have sufficient evidence to believe that the animal has
attacked, chased, bitten or injured another person or domestic animal,
or poses an immediate threat to the public.
d.
If the owner of an animal that has been designated as fierce or
dangerous is unwilling or unable to comply with the requirements of
Section 8, the said animal shall then be humanely euthanized by an
animal shelter, animal control agency or licensed veterinarian, after a
fourteen (14) day holding period. Any animal that has been designated
as fierce or dangerous under this By-law may not be offered for
adoption.
11.
REPTILES, PIGEONS, AND OTHER ANIMALS
a.
No person shall have, keep or possess a reptile in a public place or
any property in the town which is not the residence of said reptile.
Notwithstanding this, a person may possess a snake or other reptile on
a street or sidewalk provided, in the opinion of the Animal Control
Officer, it is in a case or cage or other container designed in such a
fashion that it will completely confine such snake or reptile.
b.
No person shall on their property or on public property feed or
otherwise attract pigeons or allow, cause or permit the feeding or
attraction of pigeons, such that the pigeons cause a public nuisance on
other property
12.
DEER
No person shall on their property or on public property feed or otherwise
purposefully attract deer (or other animals in the family Cervidae), or
allow, cause or permit the feeding or attraction of deer such that the deer
cause a public nuisance on the property of those engaged in feeding or
the property of others including public property. This prohibition includes
the feeding of birds or other non deer animals, if in doing so, the feeding of
those animals attract deer to those feeders.
14
13.
OFFENCES
a. The owner or any person who violates or breaches any provision of
this By-law is guilty of an offence.
b. Any person commits an offence under this By-law if:
i.
he or she interferes or attempts to interfere with the Animal Control
Officer while he or she is exercising his or her functions under this
By-law; or
ii.
he or she, not being the owner, removes a collar or license tag from
an animal.
14.
ADMINISTRATIVE PENALTIES
(1)
All contraventions of this By-law are designated by-law contraventions
that may be dealt with by a notice of penalty pursuant to the provisions
of the Local Governance Act.
(2)
The Administrative penalty for a contravention of Section 12 of this By
law shall be two hundred and fifty dollars ($250.00).
(3)
The Administrative penalty for all contraventions of the By-law other
than Section 12, shall be one hundred fifty dollars ($150.00).
(4)
A person to whom a penalty notice is delivered may pay the
Administrative penalty on or before a charge pertaining to the
offence has been laid in Provincial Court as follows:
(a) In person at the Town of Saint Andrews Office, 212 Water
Street, Saint Andrews, NB or
(b) By mail to: Town of Saint Andrews, 212 Water Street, Saint
Andrews, NB E5B 1B4 or
(c) Electronically by Credit Card on the Town of Saint Andrews website
(5)
A person who pays the Administrative penalty shall be deemed to have
contravened the provision of the by-law in respect of which the
payment was made and shall not be charged with an offence in
respect of the same incident that gave rise to the Administrative
penalty.
(6)
If the Administrative penalty is not paid in accordance with Section
14(2), the person charged with the offence is liable on summary
conviction to a fine of not less than five hundred dollars ($500.00).
15
(7)
If the Administrative penalty is not paid in accordance with Section
14(3), the person charged with the offence is liable on summary
conviction to a fine of not less than five hundred dollars ($500.00).
(8)
A person or owner who fails to comply with the provisions of an Order
made under the provisions of Subsection 10(b) commits an offence
punishable under Part II of the Provincial Offences Procedure Act as a
Category "F" offence.
15.
FEES AND TARIFFS
Fees and tariffs in this By-law are as follows:
a.
Annual License Fees
Altered dog
$10.00
Unaltered dog
$25.00
Fierce or dangerous animal (includes 2 signs)
$100.00
Replacement tag
$2.00
Replacement fierce or dangerous animal sign
$15.00
b.
Impounding Fees
1st Occasion
$ 50 + HST + *maintenance + $40 if after hours
2nd Occasion (within 24 months) $ 75 + HST + *maintenance + $40 if after hours
3rd & Subsequent Occasion
$100 + HST + *maintenance + $40 if after hours
*maintenance
- includes $10 per day shelter and $10 for vaccination, which all
dogs must receive when entering the shelter, plus any other expenses incurred
by the Animal Control Officer including, but not limited to: veterinarian fees, costs
and legal fees relating to the capturing, impounding and legal proceedings.
16.
SEVERABILITY
If any part of this By-law shall be held invalid, such part shall be deemed
severable and the invalidity thereof shall not affect the remaining parts of
this By-law.
17.
ENFORCEMENT
This By-law shall be enforced by the, Animal Control Officer and/or the
Royal Canadian Mounted Police.
16
18.
BY-LAWS REPEALED
All By-laws, rules, and regulations heretofore passed, adopted and
observed by the Council of the Town of Saint Andrews, relating to dogs
and/or animal control are hereby repealed, including By-law 11-02, a By
law Respecting Animal Control within the Town of Saint And rews.
19.
EFFECTIVE DATE
This By-law comes into effect on the date of final enactment thereof.
READ FIRST TIME:
READ SECOND TIME:
READ THIRD TIME & ENACTED:
Cir7rL4
DOUG NAISH, MAYOR
September 9, 2019
November 4, 2019
December 2, 2019
SEAL
CHRIS SPEAR,
G CLERK
17