Animal Control Regulations — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 0019a714d1bf · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## ANIMAL CONTROL REGULATIONS Amended and adopted by the Town Council of the Town of Gander on the 2nd day of September, 2020 and to come into effect as of the 3rd day of September, 2020. A copy of these Regulations was forwarded to the Minister of Environment, Climate Change and Municipalities on the 22nd day of October, 2020.   Samu MAYOR TOWN CLERK ## Regulation Statement The purpose of this Regulation is to ensure the health, welfare and safe keeping of animals in the Town of Gander. It outlines the roles and responsibilities of the Animal Owner/s, Municipal Enforcement Officers and the Gander and Area SPCA. ## 1. Title 2003. These Regulations may be cited as the Town of Gander Animal Control Regulations, ## Definitions In these Regulations unless the context otherwise requires: - a. Act means the Municipalities Act, 1999 SNL, Chapter M-24 as amended; 2. Council means the Town Council of the Town of Gander; - C. Municipal Enforcement Officer/Animal Control Officer for the purpose of these Regulations means a peace officer with powers as outlined in the Municipalities Act, Section 181, and who is appointed by Council with the power to enforce the Town of Gander Animal Control Regulations; 4. Town means the Town of Gander as defined in the Order-in-Council dated the 16th day of December, 1958, A.D., and continued as a Town under the said Act; ## PUBLISHED BY AUTHORITY Pursuant and by virtue of the powers conferred by Section 414 and any other enabling sections of the Municipalities Act, 1999 SNL Chapter M-24 as amended, the Town Council of the Town of Gander hereby adopts the following Animal Control Regulations. A copy of these Regulations was forwarded to the Minister of Municipal Environment, Climate Change and Municipalities on the 22nd day of October, 2020.  Hawall 03/HT TOWN CLERK  ## ANIMAL CONTROL REGULATIONS - e. Premises for the purpose of these Regulations will be deemed to mean lano and all buildings with the exception of residential buildings; - f. Dog means a male or female dog or puppy and includes an animal which is a cross between a dog and a wolf; - g. Injured and Injury includes, but is not limited to injuries caused by wounding, worrying, terrifying or pursuing; - h. Kennel means an establishment for the keeping, breeding or boarding of dogs or cats for Commercial purposes; - i. Owner, when used with reference to an animal includes a person who has custody, charge or possession of animal or who is the owner of property, a house, of premises or part of premises where an animal is kept or permitted to live or remain, as defined in The Animal Health and Protection Act; - j. Animal Shelter means the facility operated by Gander and Area SPCA; - k. Running at Large means to be unleashed: - i. In a public place; or 9. On premises not owned by or in the possession of the owner of the animal; and - I. Cat means a member of any breed of domesticated feline or crossbreed of domesticated feline whether spayed or neutered. - m. Impounder means a person, including a Municipal Enforcement Officer, or person appointed by Council and authorized to enforce the Town of Gander Animal Regulations or a member of Gander and Area SPCA staff; - n. Live Trap means a cage-like device used in the capture of Cats without injury to the animal, thus enabling the impounder to remove these animals humanely; 0. Town Clerk means the Town Clerk of the Town of Gander; - p. Animal means cat or dog as defined in Section 2. (f.) and 2. (I.), for the purpose of this Regulation; 15. Stray Cats means cats have been born in captivity, were socialized to humans at one time in their lives, and were domesticated; 9. Puppy/Kitten - Domesticated dog or cat less than twelve months old; - s. Feral Cats means cats born in the wild and have at no time been socialized with humans; - t. Feral Dogs means dogs that have either been abandoned or were born in the wild and have never been socialized with humans; 19. SPCA means Gander and Area SPCA. ## Application - No person shall keep any animal other than a puppy or kitten, not more than four (4) months old, within the limits of the Town, unless a license has been issued by the Council allowing the owner to own a licensed animal and unless such animal has a numbered tag or plate indicating that such license is in force; 3. No person shall lead, have or take an animal in or to any public place in the Town unless such animal has a numbered tag or plate indicating that a license has been issued to the owner by the Town or by another municipality. 2. The Town shall keep a register of all animals licensed by them; - a. The license should be issued for the lifetime of the Owner; - b. The fee payable for a license shall be $30 for each animal and shall not be reduced or remitted by reason of the death, loss or removal of any animal after the date of issuance of the license; - C. The owner of every licensed animal shall immediately on receipt of the license tag, attach it to a strong and durable collar, which shall be kept upon the animal's neck at all times; - d. The fee payable for replacement tags shall be $5. - Any animal found at large in the Town contrary to these Regulations may be euthanized by a licensed veterinarian at the request of the Municipal Enforcement Officer/Animal Control Officer at the expiration of five (5) days for dogs and five (5) days for cats, Saturdays, Sundays and Statutory Holiday excluded, after the time of impounding; 6. Any court of summary jurisdiction may take cognizance of a complaint that an animal is dangerous and not kept under proper control or has bitten or attempted to bite any persons and if it appears to the court that the animal is dangerous or has done any of the things referred to herein, the court may order the owner of the animal to euthanize it; 7. Any person authorized to euthanize an animal under these Regulations may euthanize or may complain to a Provincial Court Judge who, upon verification of the authorization, may make an order directing the owner of the animal to euthanize it; - The owner of an animal who fails to comply with an order made under either section 6 or 7 shall be deemed to have committed an offence in terms of these Regulations; - No person shall establish a kennel or carry on any business or institution for boarding, keeping, training or treating animals unless the permission of the Council, in writing, has been obtained therefore: 10. - a. An owner of an animal shall keep it safely tethered, or penned up at all times; 2. Notwithstanding subsection (a), an animal need not be tethered or penned up, where: - i. It is held on a leash by a person capable of restraining its movement. It is kept or used for another purpose and under condition prescribed in the Regulations. 11. If any animal bites any person other than its owner or a member of its owners household and while not in its owners premises, such animal shall be deemed to be a nuisance and the owner thereof shall be deemed to have committed an offence in terms of these Regulations; 12. If any animal causes damage to any lawn, grass plot, garden, or flower bed or flower, shrub or plant, such animal shall be deemed to be a nuisance and the owner thereof shall be deemed to have committed an offence in terms of these Regulations; 13. If any animal barks or howls in such a manner as to disturb the peace or to constitute an annoyance to residents in the neighbourhood, such animal shall be deemed to be a nuisance and the owner thereof shall be deemed to have committed an offence in terms of these Regulations; 14. If an animal defecates on any public or private property other than the property of its owner, the owner shall remove such defecation immediately. This includes Town parks, streets, sidewalks, parking lots, Cobbs Pond Boardwalk, , and other private and public lands other than the land of the owner of the animal; If such defecation is not immediately removed, the owner of such animal shall be deemed to have committed an offence in terms of these Regulations. This section shall not apply to persons using seeing eye animals; 15. Whenever an animal is found in any public place or on any private property without the consent of the owner, occupant or person having control of such private property or without a tag or plate as required by Section 3 and/or is not accompanied as required by section 10 preceding or is not held securely on a leash by a person capable of restraining its movements or confined to private property, the Municipal Enforcement Officer/Animal Control Officer shall, and any person may, cause the animal to be impounded; 16. 17. - a. No person shall: - ii. Throw or poke any object into a cat trap when a cat is caught therein. - i. Tease a cat caught in a cat trap; or 4. Any person, except a person who has obtained a trap from or has a trap approved by the Municipal Enforcement Officer/Animal Control Officer or SPCA for the trapping of cats, is guilty of an offence and, upon conviction, shall be liable for a fine of $500.00; 5. Any person setting a cat trap shall; - c. When any person who contravenes Section 16 (a) (i) and (ii), such person is guilty of an offence and, upon conviction, shall be liable for a fine of $1,000.00; - i. Be responsible for contacting the Municipal Enforcement Officer/Animal Control Officer and/or bringing the animal to the SPCA. If the cat is trapped after hours, it is the responsibility of the person setting the trap, to house the cat in a safe and comfortable manner until either the Municipal Enforcement Officer/Animal Control Officer is on-duty or the SPCA is open; - ili. Shall set the cat trap in a shaded area, on their private property or permission must be obtained from the property owner; - ii. Shall receive instructions on how to set and trip the trap; - iv. Check the trap hourly, and if animal is caught section 16 (d) (i) must be followed; - v. If the trap cannot be checked hourly and if no animal is caught then the person setting the trap, must trip the trap and render it harmless until the next time they are able to check the trap hourly; - vi. No traps shall be set when weather conditions are colder than O degrees Celsius; - vii. Cat traps can be used for a period of 72 hours, after which time Municipal Enforcement Officer/Animal Control Officer will remove the trap from the complainant's property 14. When an animal, which bears a current numbered tag or plate, as required by these Regulations, has been impounded, a member of the SPCA staff shall give notice thereof to the licensee or owner of the animal. If the animal has not been redeemed by or on behalf of the licensee or owner within five (5) days for dogs and five (5) days for cats, excluding Saturdays, Sundays and Statutory Holidays, after the dispatch of such notice the staff of the SPCA shall have the right to have the animal disposed of, or euthanized, or given to the SPCA. - b. The fee which shall be paid to the staff of the SPCA or Town Hall for the redemption of an impounded animal shall be as follows: - i. $50.00 with any previous infraction of the Animal Control Regulations, during the previous twelve (12) month period including being without an animal license; - ili. $20.00 for each day the animal is held at the pound. 4. $25.00 without any infractions of the Animal Control Regulations during the previous twelve (12) month period and being licensed; - c. When an animal which does not bear a current numbered tag or plate, as required by these Regulations, has been impounded, the Municipal Enforcement Officer/Animal Control Officer shall have the right to have the animal disposed of euthanized or given to the SPCA at the expiration of seventy-two (72) hours, excluding Saturdays, Sundays and Statutory Holidays, after the time of impounding; 6. Where, in sole discretion of the Municipal Enforcement Officer/Animal Control Officer and SPCA staff, the animal liable to be impounded, appears to be vicious, dangerous, diseased, or otherwise unfit for impounding, the Municipal Enforcement Officer/Animal Control Officer and SPCA staff, in consultation with the Veterinarian, may cause the animal to be disposed of, or euthanized forthwith. 18. The Municipal Enforcement Officer/Animal Control Officer, in consultation with the SPCA, shall have the right to seize any animal within the Town limits which in his opinion is being mistreated. 19. The Municipal Enforcement Officer/Animal Control Officer shall: 9. Report the name and address of any person observed or reliably reported to have violated any of the provisions of these Regulations; 10. Report the time and nature of such violations and any other circumstances related thereto; - c. Serve upon the person violating any of the provisions of these Regulations a serially numbered notice that such person has violated a provision of these Regulations and instructing such person where to report to in regard to such violation; 12. File with the Director of Protective Services a duplicate copy of each serially numbered notice served as aforesaid. ## Enforcement - The Town Council of Gander or its authorized administrator shall be the Enforcement Authority for the purposes of these Regulations; 2. Any person who interferes with or attempts to interfere with a Municipal Enforcement Officer, an Animal Control Officer, or their agents, in the exercise of their duties, such person shall be deemed to have committed an offence in terms of these Regulations: - a. Any person who, without the authority of the Municipal Enforcement Officer/Animal Control Officer and/or SPCA staff releases any animal which has been impounded, shall be deemed to have committed an offence in terms of these Regulations; - Every person requested by the Municipal Enforcement Officer/Animal Control Officer and/or SPCA staff shall, on request, forthwith give his/her proper name and address. - Any person who violates any of the provisions of these Regulations shall be guilty of an offence and shall, be liable to a minimum fine of $50 for a first offence and a minimum fine of $75 for a second and each subsequent offence; - Any person who violates any of the provisions of these Regulations shall be guilty of an offence and shall be liable to a penalty as prescribed by Animal Protection Regulations; - Enforcement and prosecution under these Regulations may be undertaken by any Police Officer or by any other person so authorized by the Enforcement Authority; - Pursuant to Section 404(1) of the Act, the Enforcement Authority may serve upon the owner or any other person in violation of a provision of these Regulations, a serially numbered notice advising the nature of the violation and required action to conform with the standards as set out in these Regulations 7. Any costs to the Town for all works carried out in response to a violation of these Regulations, in addition to any penalty prescribed hereunder, may be recoverable from the owner or the person in contravention of these Regulations as a civil debt; ## Failure to Comply 1. Pursuant to Section 404(5) of the Act, where a person to whom an order is directed does not comply with the order or part of an order made under subsection (1), the Council may take the action that it considers necessary to carry out the terms of the order and any costs, expenses or charges incurred by Council in carrying out the terms of the order are recoverable from the person against whom the order was made as a debt owed to Council; 2. Pursuant to Section 404(6) of the Act, A Council may delegate to an official or employee of Council the power to issue orders under this section; 2. The owner shall save harmless Council, its employees, servants or agents from any and all claims arising out of the actions of Council, its employees, servants or agents in the process of inspecting and/or carrying out work under these Regulations, except in the case of gross negligence. ## 6. Offence and Penalties - Every person who commits an offence under these Regulations or who acts in contravention of or fails to comply with any provision thereof, or neglects or refuses to do so: - a. May be liable to penalties as stipulated in accordance with section 420 of the Act; or - May be subject to an order under section 404 (1) of the Act; or - c. May be subject to a violation notice issued under section 421.1 (1) of the Act; or - May be issued a ticket under the Provincial Offences Act in accordance with section 421.2 of the Act. 2. The conviction of a person for failing to comply with a requirement or obligation referred to in subsection (1) shall not operate as a bar to further prosecution under these Regulations for the continued failure on the part of the person in comply. ## Severability If a court of competent jurisdiction should declare any section or part of a section of these Regulations to be invalid, such declaration shall not affect the remainder of these Regulations and the remainder of these Regulations should be valid and shall remain in force. ## Appeals Process - An Appeal of any section or part of this regulation can be made, in writing, to council. - Persons wishing to plea "not guilty" of an offence must do so no later than the default conviction date stated on the ticket. Persons must complete the information on the ticket in the space applicable. Gander Summary Offence Tickets are contested in the provincial court located at: ## 100 Airport Bivd Gander, NL A1V 2M7 The original copy of the ticket must be provided to the Gander Provincial court office where a court date will then be provided. Payment of convictions can be made in person at the Gander Provincial Court, or to the address located in the information provided on the Summary Office Ticket. Interest charges may be applied on late payments. ## 9. Repeal All previous Animal Control Regulations thereto, are hereby repealed.