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(b)
aggressively pursue or harass a person or animal without
provocation.
1.2 Basic Animal Care Requirements
1.2.1 In addition to the requirements of s1.1, a person must not keep an
animal unless such animal is provided with:
(a)
clean potable drinking water at all times and suitable food of
sufficient quantity and quality to allow for normal growth and the
maintenance of normal body weight;
(b)
food and water receptacles which are kept clean and disinfected,
and located so as to avoid contamination by excreta;
(c)
the opportunity for periodic exercise sufficient to maintain good
health, including the opportunity to be unfettered from a fixed
area and exercised regularly under appropriate control; and
(d)
necessary veterinary medical care when such animal exhibits
signs of pain or suffering.
1.3 Keeping of Outdoor Animals
1.3.1 A person must not keep an animal which normally resides outdoors, or
which is kept outdoors for extended periods of time, unless such animal
or bird is provided with an outdoor shelter:
(a)
which ensures protection from heat, cold and dampness that is
appropriate to the weight and type of protective outer coat of
such animal;
(b)
which provides sufficient shade to protect the animal from the
direct rays of the sun at all times; and
(c)
which is cleaned and sanitized not less than daily, of all
excrement.
1.4 Basic Maintenance
1.4.1 Every owner of an animal shall ensure that excreta deposited on the
property of the owner does not accumulate to such an extent that it is
reasonably likely to disturb the enjoyment, comfort or convenience of
any person in the vicinity of the property or pose a health risk to others.
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1.4.2 It shall be the duty of the owner of any animal to ensure that their
animal does not become a nuisance to persons in the neighborhood by
reason of excessive barking, howling or other actions that constitute a
nuisance to members of the public, in the sole opinion of the Animal
Control Officer.
2.0 HOUSEHOLD PETS
2.1 Maximum Number of Household Pets
2.1.1 A person may keep:
(a)
a maximum of five (5) household pets in a single dwelling, or
double dwelling; or
(b)
a maximum of three (3) household pets in a row dwelling or
multiple-family dwelling;
2.1.2 The limits prescribed in subsection 2.1.1 do not include any litter of
puppies or kittens.
2.2 Cats
2.2.1 Every owner of a cat must:
(a)
ensure that such cat bears sufficient identification to enable any
person finding the cat to contact the owner;
(b)
where such cat is actually or apparently over six (6) months of
age, ensure that such cat has been spayed or neutered, as
applicable, by a veterinarian; or,
(c)
ensure that where such cat is not spayed or neutered, such cat is
not permitted to be running at large.
2.2.2 The identification required under clause (a) of subsection 2.2.1 may take
the form of, but is not limited to, a collar and tag, tattoo, or microchip
implant.
2.3 Dogs
2.3.1 General Prohibition
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2.3.1.1
A person in a single dwelling or a double dwelling must not
permit more than three (3) dogs to be kept in such dwelling at
any time.
2.3.1.2
A person in a row dwelling or unit within a multiple-family
dwelling must not permit more than two (2) dogs to be kept in
such unit at any time.
2.3.1.3
The provisions of subsections 2.3.1.1 and 2.3.1.2, do not apply
to the housing and training of assistance dogs.
2.3.2 Owner Obligations - Leashing
2.3.2.1
Except as provided for in subsections 2.3.5 and 2.3.6, every
owner of a dog:
(a)
must keep such dog on a leash at all times while on any
street or in any public place; and
(b)
may not permit their dog to run at large.
2.3.3 Owner Obligations - Maintenance
2.3.3.1
Every owner of a dog must ensure that any excrement
deposited on any parcel, other than the parcel of the owner, is
cleaned up immediately.
2.3.3.2
The provisions of subsection 2.3.3.1 apply to an owner
regardless of whether or not the dog is under such owner's
care and control at the time of a breach of the provisions of
that section.
2.3.3.3
The provisions of subsections 2.3.3.1 and 2.3.3.2 do not apply
to the owner of an assistance dog.
2.3.4 Owner Obligations - Confinement
2.3.4.1
Subject to the limitations of subsection 1.1.1, every owner of a
dog must ensure that such dog, while on the premises owned
or controlled by the owner, is securely confined to the
premises.
2.3.4.2
Every owner of a dangerous dog must:
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(a)
ensure that such dangerous dog is not allowed on any
street or in any public place, or any other place that is
not owned or controlled by that person, unless such
dangerous dog is:
(i) on a leash not longer than 1.2 metres; and
(ii) muzzled; and
(iii) under the care and control of an owner who is
nineteen (19) years of age or older; and
(b)
subject to the limitations of subsection 1.1.1, keep
such dangerous dog securely confined at all times,
either indoors or in an enclosure, while the dangerous
dog is on the premises owned or controlled by such
person.
2.3.5 Designated Dog Off-Leash Areas
2.3.5.1
An owner may allow their dog to be off-leash in a designated
dog off-leash area providing the owner:
(a)
carries a leash;
(b)
keeps the dog in view at all times; and
(c)
maintains effective control of the dog so that the dog
immediately returns when signalled.
(d)
obeys all rules, public notices and codes of conduct
that may be posted by the Town that govern the use
of a designated off-leash area.
2.3.5.2
As exceptions to subsection 2.3.5.1:
(a)
No owner may have more than three (3) dogs off-leash
at any one time
(b)
No owner may permit a dangerous dog to be off-
leash in a designated dog off-leash area.
2.3.5.3
Every owner of a dog must immediately leash a dog when the
dog exhibits aggressive behaviour.
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2.3.6 Exemption
2.3.6.1
The provisions under subsection 2.3.2.1 and subsection 2.3.5.3
do not apply to an owner of a dog that is conducting wildlife
control duties in accordance with a valid contract with the
Town or a dog being utilized by law enforcement officers for
duties or training related to law enforcement.
2.4
Rabbits
2.4.1 General Requirements
2.4.1.1
Every person keeping rabbits in a one-family dwelling, a two-
family dwelling or a multiple-family dwelling must ensure
that:
(a)
such rabbits do not create a nuisance; and
(b)
all lands and premises where such rabbits are kept,
are maintained in a sanitary condition at all times, and
that excrement is not permitted to accumulate and
cause, in the opinion of the Animal Control Officer,
an objectionable odour or nuisance.
2.4.1.2
A person may keep a maximum of two (2) rabbits in a one-
family dwelling, two-family dwelling, or a multiple-family
dwelling.
2.5
Birds
2.5.1 General Provisions - All Birds
2.5.1.1
A person must not build, construct, reconstruct or maintain an
aviary until the design and location of such aviary has been
approved by the Town with respect to building permit
requirements for an accessory structure.
2.5.1.2
A person must not feed non-domestic birds in such a manner
as to constitute a nuisance or disturb or interfere with the
quiet, peace, or enjoyment of another person's property.
3.0 POULTRY
3.1 General Provisions
3.1.1 A person must not keep poultry:
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(a)
on a parcel with an area of less than six hundred (600) square
metres; or
(b)
in, upon, or under any structure used for human habitation; or
3.1.2 A person may keep a maximum of 1 poultry animal per two hundred
(200) square meters of total parcel area.
3.1.3 Every person keeping poultry must ensure that:
(a)
such poultry does not create a nuisance; and
(b)
all lands and premises where such poultry is kept, are maintained
in a sanitary condition at all times, and that excrement is not
permitted to accumulate and cause, in the opinion of the Animal
Control Officer, an objectionable odour or nuisance.
4.0 WILD ANIMALS
4.1 General Prohibition
4.1.1 A person must not keep any wild animal in captivity on a parcel unless,
in the opinion of the Animal Control Officer, adequate provision is
made to ensure that such wild animal is securely contained on such
parcel and poses no risk to public safety.
4.1.2 A person must not keep any wild animal in captivity on a parcel within
the Municipal Boundary.
5.0 DOMESTIC FARM ANIMALS
5.1 General Requirements
5.1.1 Every person keeping a domestic farm animal must ensure that:
(a)
flies and other insects are kept under control by good manure
management and by the use of approved insecticides in
accordance with the Pesticide Control Regulations, 2012;
(b)
both the inside and outside of any building, pen, stable, shed or
structure housing a domestic farm animal is kept clean;
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(c)
manure does not accumulate on any parcel except in a properly
contained manner so that that runoff to public watercourses or
onto adjacent properties does not occur;
(d)
any manure resulting from the keeping of domestic farm animals,
that has not been suitably treated by dehydration or composting
to stabilize the organic matter, must be incorporated into the soil
within eight (8) hours; and
(e)
any person allowing a domestic farm animal access to an
outdoor area must ensure that dust caused by such domestic
farm animal is minimized.
5.2 General Prohibition
5.2.1 A person must not keep a domestic farm animal in a one-family
dwelling, two-family dwelling, or a multiple-family dwelling.
5.2.2 A person must not keep a domestic farm animal:
(a)
on a parcel with an area of less than 2,000 square metres; or
(b)
on a parcel where the ratio of domestic farm animals to parcel
area exceeds one (1) domestic farm animal for each 2,000 square
metres; or
(c)
on a parcel located within the Municipal Boundary.
6.0 FURBEARING ANIMALS
6.1 General Prohibition
6.1.1 A person must not keep a furbearing animal in a one-family dwelling,
two-family dwelling, or a multiple-family dwelling.
7.0 ANIMAL SHELTER
7.1 Establishment of Animal Shelter
7.1.1 The Council may establish or enter into an agreement with a third party
to operate an animal shelter.
8.0 POWERS OF ENFORCEMENT AUTHORY AND COMPLIANCE
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8.1 Authority of Animal Control Officer - Dogs
8.1.1 An Animal Control Officer may seize and impound any dog found
running at large, for up to three (3) days, unless such dog is reclaimed
within that time.
8.1.2 If an impounded dog is not reclaimed within three (3) days of
impoundment, such dog may be disposed of by an Animal Control
Officer, and in a manner at the sole discretion of the Animal Control
Officer, sell, give away, place for adoption, or destroy.
8.2 Authority of Animal Control Officer - Dangerous Dogs
8.2.1 Any dangerous dog running at large:
(a)
may be seized and impounded by an Animal Control Officer;
(b)
must, upon request, be immediately delivered to the animal
shelter or to an Animal Control Officer, by the owner; and
(c)
may be kept quarantined at the animal shelter for a period of
fourteen (14) days at the owner's expense, including the
maintenance & impound fees.
8.2.2 An Animal Control Officer may seize and impound a dog if the officer
believes, on reasonable grounds, that the dog is a dangerous dog.
8.2.3 An Animal Control Officer may apply to the Provincial Court for an order
that a dog, that the officer has reasonable ground to believe is a
dangerous dog, be impounded and destroyed in the manner specified
in the order.
8.2.4 An Animal Control Officer may enter a place to impound a dangerous
dog:
(a)
with the consent of the owner, or
(b)
in accordance with an order issued under subsections 8.2.3 or
8.2.5.
8.2.5 A justice who is satisfied by evidence given under oath or affirmation that
there are reasonable grounds to believe that there is in a place a dog
that:
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(a)
has killed or seriously injured a person,
(b)
is likely to kill or seriously injure a person, or
(c)
has killed or seriously injured a companion animal or domestic
animal, may issue a warrant authorizing an Animal Control
Officer to enter and search the place and to seize the dog.
8.2.6 For the purposes of subsection 8.2.5, an Animal Control Officer who is
not a police officer or special provincial constable appointed under the
Royal Newfoundland Constabulary Act, 1992 must be accompanied by a
police officer.
8.2.7 Upon request by an Animal Control Officer, the owner of a dog or
dangerous dog which is in contravention of any provision of this
regulation must stop and provide to the Animal Control Officer photo
identification showing his or her full name and current address.
8.3 Animals in Custody
8.3.1 A person must not release or attempt to release any animal lawfully held
in the custody of an Animal Control Officer.
8.4 Reclaiming an Impounded Dog
8.4.1 The owner of any dog impounded under this Part, may reclaim such
dog on application to an Animal Control Officer, by:
(a)
providing proof of ownership and licence of the dog; and,
(b)
paying in full, the applicable impoundment fees and
maintenance fees in the amount set from time to by the Council.
8.4.2 Where the owner of an impounded dog is known, such owner must pay
the maintenance fees in the amount set from time to time by the
Council, even if the owner fails or neglects to reclaim the impounded
dog.
8.4.3 The charging of impoundment fees under clause (b) of subsection 8.4.1
in no way affects, derogates from or takes away from the ability to
exercise the authority provided in subsection 8.2.5 to apply for an order
that a dog be destroyed.
8.5 Authority of Animal Control Officer - General
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8.5.1 The Animal Control Officer may seize and impound an animal that is
found running at large or kept contrary to these regulations;
8.5.2 An Animal Control Officer may seize and impound any domestic farm
animal or poultry found running at large.
8.5.3 An Animal Control Officer may sell any animal impounded under this
Part, which have not been reclaimed, and after deducting the
impoundment fees and maintenance fees accruing in respect of such
animal, and if applicable, the cost of advertising the sale, must retain any
surplus within 30 days.
8.5.4 Where the owner of any impounded animal is known, the Town must
pay any surplus funds of sale to such owner.
8.5.5 Where, after 3 months from the date of the sale, such owner is unknown,
any surplus funds of sale not claimed during that time are forfeited to the
Town.
8.5.6 An Animal Control Officer may make provisions to destroy any animal
found at large within the Town if such animal is, in the opinion of the
Animal Control Officer, so diseased, injured, vicious or in such condition
that it ought to be destroyed.
8.5.7 Where an injured animal is seized and impounded and is treated by a
veterinarian, the Town shall, in addition to any impound fees, be entitled
to charge the Owner the cost of the treatment. The cost of such
treatment shall be recoverable from the Owner before the animal is
released to the Owner. In the event that the Owner does not claim the
animal, the amount payable to the Council may be recovered from the
Owner as a civil debt and shall attach to the property as a secured claim.
8.6 Reclaiming of Other Animals
8.6.1 Any impounded animal other than a dog, a cat or poultry, may be
reclaimed by the owner prior to the date of the advertised sale, upon
proof of ownership, and payment to an Animal Control Officer, of the
applicable impoundment fees and maintenance fees.
8.6.2 Any impounded poultry may be reclaimed by the owner prior to the
date of disposal of such poultry, upon proof of ownership, and payment
to an Animal Control Officer, of the applicable impoundment fees and
maintenance fees.
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8.7 Authority of the General Public
8.7.1 Any animal which is not under the control of its Owner and is found
damaging or destroying private property, or fouling any public or private
property with excrement or being a nuisance due to roaming on private
property may be seized by the property owner, its agent or person
injuriously affected and held for collection until the Animal Control
Officer arrives.
9.0 DISPOSAL OF DECEASED ANIMALS
9.1 Owner Obligations - Deceased Animals
9.1.1 Owners of a deceased animal shall:
(a)
promptly dispose of the carcass by burial on a parcel of the same
owner; or
(b)
a deceased animal may be disposed of at the Labrador West
Regional Landfill.
9.1.2 Owners of a deceased domestic farm animal shall dispose of the
carcass in a manner compliant with the Animal Health and Protection Act;
or other applicable provincial statute(s) regulating the same.
9.2 Authority of Animal Control Officer - Deceased Animals
9.2.1 An Animal Control Officer may dispose of any deceased animal found
within the Municipal Boundary.
9.2.2 An Animal Control Officer may take reasonable steps to find the owner
of a deceased animal.
10.0
INTERPRETATION
10.1 For the purpose of these regulations, unless the context otherwise requires:
ACT
means the Municipalities Act, 1999.
AGGRESSIVE BEHAVIOUR
means snarling, growling or pursuing another animal or a
person.
ANIMAL
means:
(a) furbearing animal;
(b) household pet;
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(c) poultry; and
(d) wild animal
and includes companion animal and domestic animal.
ANIMAL CONTROL
OFFICER
Means an employee of the Town appointed to the job
position or title of Municipal Enforcement Officer or acting in
another capacity on behalf of the Town for the purpose of
the enforcement of one or more of the Town regulations; or,
an officer of the Royal Newfoundland Constabulary.
ANIMAL SHELTER
means any facility designated by Council for impounding an
animal.
ASSISTANCE DOG
means a dog specifically trained to assist a person with
physical or sensory disabilities in the performance of daily
activities.
AVIARY
Means a building, cage or structure for the breeding or
keeping of birds, including poultry.
CHOKE COLLAR
Means a slip collar or chain that may constrict around the
neck of an animal as a result of pulling on one end of the
collar or chain.
COMPANION ANIMAL
means an animal kept as a pet or as a guide animal.
COUNCIL
means the current Council of the Town.
DANGEROUS DOG
means:
(a) any dog that has killed or injured:
(i)
a person, or
(ii)
a companion animal or domestic animal
while running at large; or
(b) any dog that an Animal Control Officer has
reasonable grounds to believe is likely to kill or
seriously injure a person;
(c) any dog that aggressively harasses or pursues a
person or companion animal or domestic farm
animal while running at large; or
(d) any dog owned primarily or in part, for the purpose of
dog fighting or that is trained for dog fighting;
(e) any dog that according to the records of the SPCA,
RNC or other municipality, or to the knowledge of the
owner, has killed, injured, or aggressively harassed or
pursued a person or animal.
DESIGNATED OFF-LEASH
AREA
means an area posted by sign, which defines the geographic
area and/or time period that dogs can be off-leash.
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DOG
means any member of the canine species which is six (6) or
more months of age.
DOMESTIC ANIMAL
means an animal that is tame or kept, or that has been or is
being sufficiently tamed or kept, to serve some purpose for
the use of people.
DOMESTIC FARM ANIMAL
means a horse, mule, donkey, emu, hinny, llama, ostrich, pot
belly pig, swine, sheep, goat or cow, or other animal of the
bovine species, but excludes a household pet.
DOUBLE DWELLING
means one building containing two dwelling units, placed
one above the other, side by side, or joined by a carport with
separate lot areas dedicated to each unit, but does not
include a single dwelling containing a subsidiary or basement
apartment.
FURBEARING ANIMAL
means any fox, beaver, marten, mink, muskrat, otter, racoon,
skunk, chinchilla, fisher, or other like animal, other than a
household pet.
HOUSEHOLD PET
means a domesticated animal normally kept in:
(a) in a single dwelling, a double dwelling, row
dwelling or multiple-family dwelling; and,
(b) for pleasure rather than utility.
IMPOUND/IMPOUNDED
means seized, delivered, received or taken into an animal
shelter, or into the custody of the Animal Control Officer.
IMPOUND/IMPOUNDMENT
FEES
means the fees as set from time to time by in Schedule A of
the Town of Labrador City Municipal Fees, which are charged
for an animal or bird that has been impounded.
KITTEN
means a member of the feline species which is less than six
(6) months of age.
LEASH
means a device, or use of a device, of leather, metal, nylon
or other similar strong material no more than three (3)
meters in length and of sufficient strength and design to
restrain the size and strength of dog or dangerous dog
for which it will be (or is being) used. One end is securely
affixed to a collar or harness which is securely attached to
the dog or dangerous dog with the other end held by a
person capable of controlling the dog or dangerous dog
at all times.
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LICENSE (DOG)
means a tag issued by the Town for the life of the dog or
dangerous dog, on which is stamped the licence number for
the dog or dangerous dog.
MAINTENANCE FEES
means the fees as set from time to time in Schedule A of the
Town of Labrador City Municipal Fees, which are charged for
each day that an animal or bird is impounded, commencing
the day of impoundment.
MULTIPLE-FAMILY
DWELLING
means a building containing four (4) or more separate
dwelling units each having an independent entrance either
directly from outside the building or through a common
vestibule, but does not include a single dwelling, a row
dwelling, or a residential dwelling with a subsidiary
apartment.
MUNICIPAL BOUNDARY
means the area in which the Council can exercise its powers
given to it under the Act.
MUZZLE
means a humane fastening or covering device of adequate
strength placed over the mouth of an animal to prevent it
from biting.
NUISANCE
means any obnoxious substance, animal waste or unsanitary
matter or noise caused by any animal that has an unpleasant
effect on the senses; includes actions by an animal that
causes damage to any lawn, garden or flower bed and
flower, shrub, plant or property.
OWN/OWNED
includes possessor, harbourer, or keeper, and "owned"
includes possessed harboured, or kept.
OWNER
means a natural person or body corporate who has legal title
to an animal, and includes any person who has custody of an
animal, either temporarily or permanently, or harbours an
animal, or allows an animal to remain on his or her premises.
PARCEL
means a plot of land, lot, block, or other area in which land is
held or into which land is legally subdivided.
POULTRY
means a chicken, rooster, turkey, goose, duck, fowl, or other
bird normally kept for human consumption.
PUPPY
means a member of the canine species which is less than six
(6) months of age.
RABBIT
any of various long-eared, short-tailed, burrowing mammals
of the family Leporidae.
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ROW DWELLING
means three or more dwelling units at ground level in one
building, each unit separated vertically from the others.
RUN/RUNNING AT LARGE
means any one of the following:
(a) for a cat or dog, being elsewhere than confined on
the premises of the owner, while not on a leash and
not in the immediate and effective control of an
owner;
(b) for a cat or dog, being on any property without the
consent of the owner or occupier of that property;
(c) for a dog, being in a designated dog off-leash area,
where permitted, but not under the immediate and
effective control of an owner; or
(d) for a dangerous dog, means any dangerous dog
which is not confined or controlled in compliance with
the requirements of subsection 2.3.4.2.
SINGLE DWELLING
means one (1) building containing a single dwelling unit for
the use of one household, placed on its own lot, and can
include a subsidiary apartment.
TOWN
means the Town of Labrador City as defined by Order-in-
Council dated the 27th day of June, 1961, and any
amendments thereto, according the Act.
11.0
OFFENCE AND PENALTY
11.1 Non-compliance or contravention of any of the provisions identified in these
regulations shall result in liability for the penalties and fees as set from time to
time in Schedule A of the Town of Labrador City Municipal Fees; and
11.2 Pursuant to the Town of Labrador City Violation Notice Regulations:
11.2.1 The Town may issue a violation notice with respect to failure to comply
with a provision of these regulations; and,
11.2.2 Where a violation notice has been issued by the Town, a person shall be
liable for penalties pursuant to the Town of Labrador City Violation
Notice Regulations.
11.3 Pursuant to s.419(1) of the Act:
11.3.1 a person whom contravenes these regulations commits an offence; and,
11.3.2 Pursuant to s.419(2) of the Act, each day upon which the same offence is
committed or continued is a separate offence.
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11.4
Each 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 shall be liable on summary conviction to a fine pursuant to
s.420(1) of the Act.
11.5
The conviction of a person for failing to comply with a requirement or obligation
referred to in s11.4 shall not operate as a bar to further prosecution under these
regulations for the continued failure on the part of the person in comply.
12.0
REPEAL
12.1 All previous Animal Control Regulations or Amendments thereto for the Town of
Labrador City are hereby rescinded.
13.0
SEVERABILITY & CITATION
13.1 If any part, section, subsection, clause, or sub-clause of this regulation is, for any
reason, held to be invalid by the decision of a Court of competent jurisdiction,
such decision does not affect the validity of the remaining portions of this
regulation.
13.2 This regulation is cited as "Animal Control Regulations, 2019".