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TITLE:
COMPANION ANIMAL BY-LAW
SECTION:
PROTECTIVE SERVICES
BYLAW NO: C-04
APPROVAL DATE: November 27, 2023
CAO Signature:-"!_ -iliill L"""""':.>:....-______ _
1. This By-law shall be known and may be cited as the "Compal'"""Animal By-Law of the Town
of Amherst.
INTERPRETATION
2. In this By-law, unless the context otherwise requires:
a. "Animal Control Officer" or "ACO" means the person designated by the Chief of
Police to be the by-law enforcement officer for this by-law. An officer of the Amherst
Police Department may destroy a dangerous dog where the circumstances call for that
action in the normal course of carrying out the Officer's duties;
b. "Accredited Training" means a certificate from Assistance Dogs International or the
International Guide Dog Federation. A dog that has not been trained by an accredited
training school may be accredited if the handler and the dog pass a service dog
assessment administered by an accredited organization;
c. "At Large" means being elsewhere than on the lands, premises owned or occupied by
the dog owner and not on a leash;
d. "Attack" means an assault resulting in bleeding, bone breakage, sprains or serious
bruising;
e. "Bite" means a wound to the skin causing it to puncture or break;
f.
"Cat" means a male or female animal of the species feline;
g. "Companion Animal" means a domestic cat or dog;
h. "Continuous Restraint and Control" means the dog is on a leash controlled by a
person of sufficient size and strength to completely restrain and control the dog;
i.
"Council" means the Municipal Council of the Town of Amherst;
j.
"Dangerous Dog" means a dog which:
i. Attacks or demonstrates a propensity, tendency or disposition to attack a
human being or animal either on public or private property;
ii. Has caused injury to or otherwise endangered the safety of a human being or
animal;
iii. Is owned or harbored primarily or in part for the purpose of dog fighting or is
trained for dog fighting;
iv. Is a dog for which a muzzle order has been made.
k. "Dog" means a male or female animal of the species canine over the age of sixteen
(16) weeks;
I.
"Dog License" means a license for a dog for the current licensing year that has been
paid for and that has been issued by the Town or an assignee of the Town;
m. "Dog Owner" means any person:
i. whose name appears on a dog license;
ii. who is in possession of a dog;
iii. who has the care, custody or control of a dog; or
iv. who possesses, harbors or allows a dog to remain about a house, land or
premises owned or occupied by that person.
n. "Extraordinary expense" means any expense incurred in relation to an animal except
for the provision of food and water;
o. "Impounded" means seized and delivered into the pound or in the custody of the
pound keeper;
p. "Kennel" means a licensed enterprise dealing with the breeding, buying, selling or
boarding of dogs;
q. "Licensed Dog" means a dog that is wearing, either on its collar or harness, a metal
tag on which is stamped figures corresponding to a dog license for that specific dog;
r.
"Licensing Year" shall mean a period from April 1st in any year to March 31st in the
following year;
s. "Mitigating Factor'' means a circumstance that may excuse the aggressive behavior of
a dog where the dog:
i. At the time of the aggressive behavior, attacked or injured any person
trespassing on property occupied by its owner; or
ii. While off the owner's property and the continual restrain and control of the
owner was reacting to a perceived aggressive or threatening behavior to the
dog, it's owner; or
iii. Immediately prior to the aggressive behavior, was being abused or tormented
by the person attacked or injured.
Any other mitigating factors that may not be conveyed in the above definitions will
be determined in a fair and unbiased manner by the Animal Control Officer, Police
Officer or Delegate on a case-by-case basis.
t.
"Muzzle" shall mean a humane covering device of sufficient strength placed over a
dog's mouth to prevent it from biting;
u. "Muzzle Order" means an Order issued by the Animal Control Officer to require that a
dog's muzzle be restricted while off the owner's property as outlined in section 9(a)(ii);
v. "Pound" means premises used by the poundkeeper to harbor and maintain dogs
pursuant to this bylaw or any vehicle used by the poundkeeper;
w. "Poundkeeper" means the person or organization appointed by resolution of Council
to operate and maintain the facilities for the impounding of dog;
x. "Premises" means a building or part of a building, structure or a place;
y. "Premises of the owner" includes premises where a dog is habitually harboured or
fed;
z. "Register" means annual no-cost voluntary registration of domestic cats with the Town
by cat owners;
aa. "Service Animal" means an animal trained by a recognized school for service as a
guide dog for the blind or visually impaired, a guide dog for the deaf or hearing
impaired, or a special skills dog for other challenged persons and includes an animal
used in therapy, registered with a recognized organization for that purpose;
bb. "Town" means the Municipality of the Town of Amherst
IMPOUNDMENT
3. The Council may hereby authorize:
a. the establishment, maintenance and operation of facilities for the impounding of dogs at
such place or places and upon such premises, as the Council may determine, by
resolution;
b. The appointment, by resolution, of a poundkeeper to maintain and operate the pound or
pounds established under this by-law;
c. The making of an agreement with such persons, firms, societies or corporations as may
be fit for the purpose of maintaining and operating a pound, for regulating the conduct
of the pound, and providing for the collection, distribution and payment of revenue and
expenditures derived from the operation of the Pound;
d. Such Persons, Firms, Societies or Corporations responsible for the pound shall ensure:
i. There is adequate food and water to impounded animals;
ii. The pound is kept in a reasonable state of cleanliness;
iii. The pound premises are kept neat and tidy in appearance.
CONTROL, LICENSING, REGISTERING AND IMPOUNDING
Control of Dogs
4. Except as otherwise permitted by this by-law:
a. A dog owner shall not permit, suffer or allow a dog to be at large;
5. Every owner of a dog shall ensure that the dog is kept on a leash and under the control of
some person when the dog is on any land in the Town unless:
a.
the land is the premises of the owner of the dog;
b. the land is owned by a person who has given prior consent to the dog being off the
leash;
6. The owner of a dog which is known to be aggressive must not permit the dog to be in a place
other than the owner's property:
a. Unless the dog is on a leash no longer than one meter and in the control of a person
who is responsible and capable of controlling the dog;
b. unless the dog is wearing a proper muzzle.
7. An unleashed or unharnessed dog, under continuous human restraint or control, shall not be
deemed to be running at large at the time if the dog is:
a. Participating in a search and rescue operation or a law-enforcement operation; or
b. Assisting a person with a disability, provided the dog is professionally trained for such
purpose; or
c. Within a municipal park where the area is designated by signage as an area in which
dogs are permitted to be without a leash, subject to such limitations as posted.
8. Potice Officers with the Amherst Police Department and any By-Law enforcement officers
appointed by the Chief of Police, along with the ACO, are authorized to enforce this by-law.
DANGEROUS DOGS
9. The ACO has the power and authority hereunder, upon reasonable grounds, to make the
determination that any dog is a dangerous dog.
a. Where the ACO has reason to believe that a dog has attacked a person or another
animal, or has the propensity to do so, the ACO may:
i. Classify the dog as a dangerous dog;
ii. Issue the owner a notice to muzzle the dog;
iii. Order the owner to keep the dog securely restrained either indoors or inside an
escape-proof enclosure that does not allow the dog to jump, climb or dig its way
out of while it is on the property of the owner;
iv. Muzzle, securely leash and ensure the dog is under the control of a person who
is responsible and capable of controlling the dog, when the dog is off the
property of the owner;
v. Post a "Beware of Dog" sign in a conspicuous place on their property;
vi. Have the dog evaluated by a Certified Animal Behaviorist or a Certified
Veterinary Behaviorist with the completion of any training or treatment as
deemed appropriate by that expert; and
vii. Have the dog spayed or neutered, to assist with problem aggression,
hardheaded and roaming behaviour.
Notice to Owner of a Dangerous Dog
10. The notice to an owner of a dangerous dog shall include:
a. A statement explaining why the ACO has deemed the dog to be a dangerous dog;
b. A statement of requirements that the owner must comply with, and in accordance with
Section 9(a);
c. A statement that the owner may request, within five (5) working days of receipt of the
notice, a council hearing which may affirm or rescind the Animal Control Officer's
designation of the dog as dangerous.
Appeal of Designation
11. The owner of a dog who receives a "Notice to Owner of a Dangerous Dog" from the ACO may,
within five (5) working days of receipt of such notice, provide a written notice of appeal
delivered to the Town Clerk.
12. Council shall hear the appellant in accordance with the rules of natural justice and may:
a. Accept the Animal Control Officer's decision to deem the dog as a dangerous dog;
b. Rescind the Animal Control Officer's decision to deem the dog as a dangerous dog.
13. Section 9(a) requirements, which may be imposed on a dog owner by the Animal Control
Officer, shall not come into effect until either the time for appeal under section 11 has elapsed
without the dog owner requesting an appeal under that section, or after council has made a
decision as per section 12 if an appeal is made.
Dangerous and Fierce Dogs
14. The Animal Control Officer may seize any dog that has exhibited dangerous and fierce
behavior and shall kennel such animal until an evaluation of the animal has been done by the
Animal Control Officer and an authority in dog behavior as recognized by the Town, which may
also include quarantining if required vaccinations cannot be proven.
15. Based on the evaluation, the ACO, in consultation with a police manager, shall determine if a
dog can be rehabilitated and safely returned to its owner. If it is proven that the dog poses a
substantial risk of such behaviour recurring, and the owner is unable or unwilling to deal with
the requirements imposed, based on the evaluation, the ACO, in consultation with a police
manager, will determine if there are any remedies that might allow the dog to live safely with
people. If no satisfactory remedy is found, the dog will be euthanized.
16. If it is determined that the dog can be rehabilitated, it will be returned to the pound-keeper with
the stipulation that it may only be adopted if the requirements for rehabilitation are met.
17. Any kennel costs or extraordinary expenses incurred while the dog is impounded shall be
borne by the dog owner, whether the dog is redeemed or not.
18. When the ACO determines that a dog is a dangerous and fierce dog, the ACO, if he/she
determines in their discretion, that the dangerous dog poses an immediate and significant
threat to the public safety, may, after consultation with a police manager, destroy the
dangerous dog, without permitting the owner to claim it.
19. If the ACO destroys the dog, the ACO will arrange for the disposal of the remains and will
make reasonable efforts to inform the dog owner that the dog has been destroyed. The owner
of the dog will be responsible for all costs related to the destruction/disposal.
20. If a dog attacks a person and causes injury, the Amherst Police Department shall, along with
the ACO, have the authority to investigate the circumstances of the attack if it is decided that it
is appropriate to do so, and the Town of Amherst Police Department may make such
recommendations to the ACO as it deems appropriate.
21. No dog shall be deemed fierce or dangerous if it is a professionally trained guard dog or a law
enforcement dog while lawfully engaged as such
Feces and Scooping
22. Every owner of a dog shall immediately remove any feces left by the dog in the Town:
a. on any roadway, sidewalk or parking lot;
b. in a public park;
c. on any public property other than a public park; or
d. on any private property other than the property of:
i. The owner of the dog;
ii. or the person having care, custody or control of the dog.
23. Every owner of a dog shall dispose of any feces removed pursuant to this Section on his or
her premises.
24. Every owner of a dog shall remove from his or her property, in a reasonable timely manner,
feces left by such dog, so as not to disturb the enjoyment, comfort, convenience of any person
in the vicinity of the property.
25. This section does not apply to a handler of a service dog, where the handler is not reasonably
able to remove the feces left by such dog due to a physical disability or impediment.
Noise
26. No dog shall be permitted to consistently disturb the quiet of a neighborhood by barking,
howling, or otherwise making noise to a degree beyond what the Animal Control Officer
determines to be normal.
27. In determining what is "normal" in the context of this section, the ACO shall consider one or
more, but not limited too, the following factors:
a. the time of day that the dog is reported as disruptive;
b. the frequency and duration of the reported disruptive behavior;
c. the proximity of neighbors and population density of the neighborhood.
28. If the ACO determines, upon reasonable grounds, that a dog is being disruptive, as defined in
this section, the AGO shall give a written warning to the dog owner before taking any other
action under this by-law.
Interference with the ACO or Pound-keeper
29. Anyone who obstructs or interferes with the Animal Control Office, or their duly authorized
delegate, or the pound-keeper, engage in the execution of their duties, commits an offense
under this by-law.
Licensing of Dogs
30. No person shall own, possess or harbor an unlicensed dog within the boundaries of the Town.
31. A person who owns, possesses or harbors any dog before the first day of April in each year,
shall obtain a dog license in accordance with the provisions of this by-law.
32. Applications for and the issuance of a dog license shall be the responsibility of the Town Hall
staff, or person so designated by the Town of Amherst.
33. The Town of Amherst and/or its recognized agent for this purpose will maintain a record of all
dogs registered, showing the date and number of the registration, and the name and address
of the owner of the dog.
34. Every person who obtains a dog license shall be given a metal tag which shall be, at all times,
fastened to a collar or harness worn by the dog for which the license was obtained.
35. Where a metal tag issued pursuant to this by-law has been lost, destroyed or mutilated, the
dog owner shall acquire, for the remainder of the current licensing year, a replacement tag,
upon producing proof of purchase of a valid dog license and upon payment of a prescribed fee.
36. Fees pursuant to this by-law are set out in Schedule "A" attached hereto.
37. Notwithstanding this section. the following dogs need not have a dog license:
a.
a trained guide dog owned or utilized by a blind person, or any dog determined by the
ACO to be a service or assistance dog
b. a dog owned and utilized as a law enforcement service dog
Registering of Cats
38. Every owner of every cat may register the cat with the Town on the first day of April in each
year, and may obtain a registration tag for the cat. There is no cost for such registration.
39. Applications for and the issuance of a cat registration shall be the responsibility of Town Hall
staff, or person so designated by the Town of Amherst.
40. The Town of Amherst and/or its recognized agent for this purpose will maintain a record of all
cats registered, showing the date and number of the registration, and the name and address of
the owner of the cat.
41. Every person who obtains a cat registration shall be given a metal tag which shall be fastened
to a collar or harness worn by the cat for which the registration was obtained.
Rabies
42. Every owner of a dog over the age of four months must have the dog vaccinated against rabies
and must keep the rabies vaccinations of the dog up to date.
43. The ACO may seize and impound any animal which is suspected of being rabid, and must
immediately notify the veterinary clinic.
44. Every owner of an animal who knows or suspects that the animal is rabid must immediately
report the animal to a veterinary clinic and the ACO.
45. No dog license will be issued to an owner who does not present proof of such vaccination.
46. The Town of Amherst and/or it's designate by resolution may, without notice to or complaint
against the owner, impound any dog that:
a. runs at large contrary to this by-law;
b. is not wearing a tag as required by this by-law
c. is not registered pursuant to this by-law
d. is fierce and dangerous
e. is rabid or appears to be rabid or exhibits symptoms thereof; or
f.
persistently disturbs the quiet of the neighborhood by barking, howling or otherwise;
after a written warning has been delivered to the dog owner
47. The pound-keeper, upon seizure or impoundment of a dog at large, shall make every effort to
inform the dog owner, if known, that the dog has been seized and impounded, including review
of available information from tags, tattoos or microchips.
48. If after the expiration of not less than 72 hours, the impounded dog is not claimed, the pound-
keeper may, on the expiration of this period, destroy, or place for adoption, the impounded
dog.
49. The pound-keeper, upon receiving a certificate from a qualified veterinarian that an impounded
dog is suffering from infectious or contagious disease, may immediately destroy that
impounded dog.
50. The pound-keeper shall maintain a recorded log, in which he/she shall record the description of
every dog impounded, the name of the person who impounded the dog, the time and location
of the impoundment, the fees owing and the manner of disposal of the impounded dog.
51. The owner of record of an impounded dog shall be responsible for all uncollected fees or costs
in respect of an impounded dog whether or not he/she effects the release of the dog.
Enforcement
52. No companion animal owner shall do anything, or fail to do anything, where that action or
omission, as the case may be, results in a violation of this by-law.
53. This by-law may be enforced, at the discretion of the Town: a. in accordance with the
procedures set out in the Municipal Government Act; or
54. by means of a summary offence ticket under the Municipal Government Act.
55. The Summary Proceedings Act, where applicable, shall apply to proceedings under this by-
law.
56. The Animal Control Officer may enter, at all reasonable times, upon any property subject to
this by-law in order to ascertain whether this By-law is being obeyed.
57. Every person who contravenes any part of this by-law is guilty of an offense and is subject to
the provisions of the Summary Proceedings Act.
58. Each day an offense continues shall be a separate offense.
59. The penalties prescribed are as follows:
a. with respect to the first contravention and/or impoundment in any consecutive 12-month
period, payment of $75.00;
b. with respect to a second contravention and/or impoundment within any consecutive 12-
month period, payment of $150.00;
c. Third and subsequent Impoundments - A dog impounded for a third time shall not be
redeemable and shall become the property of the poundkeeper and will be dealt with
accordingly, on a case-by-case basis
60. Any contravention of any provision of this By-law, in the preceding twelve months by any
person charged, shall be counted as a previous contravention for the purpose of the preceding
paragraphs.
61. If payment is not made in accordance with these procedures, the fine is recoverable under the
Summary Proceedings Act.
Costs
62. In all cases the Town shall have the right to recover from the owner of the dog the cost
incurred by the Town in applying this by-law to the owner's dog.
63. In all cases the costs of the Town shall include the actual payments made by the Town,
together with its reasonable administrative charges.
64. The provisions of this by-law shall be enforceable pursuant to the Municipal Government Act.
Interpretation
65. This by-law shall be read with all changes in gender and number, as may be appropriate.
66. Any part of this by-law found to be illegal shall be severed from the balance of the by-law.
67. Any and all fees referred to in the by-law shall be as set out in the Town of Amherst User Fee
Policy #3470-03 and will be reviewed annually.
68. The Town of Amherst Companion Animal By-Law approved by Council on November 23rd,
2015 is hereby repealed.
SCHEDULE "A"
Dog License Fees
1 . Dog License fees shall be:
a. $15 for each spayed/neutered dog;
b. $30 for each un-sprayed/un-neutered dog.
c. $15 for tag replacement
Each license shall be payable to the Town of Amherst annually.
Dog Impound Fees
1.
A dog owner may reclaim their impounded dog upon proving ownership and upon paying to
the poundkeeper the following impound fees, maintenance fees and any overdue dog license
fees pursuant to Schedule "A"
a. An impoundment fee in respect of a Licensed Dog:
i. First lmpoundment - $75
ii. Second lmpoundment - $150
iii. Third and subsequent Impoundments -. A dog impounded for a third time shall
not be redeemable and shall become the property of the poundkeeper and will
be dealt with accordingly, on a case-by-case basis
b. An impoundment fee in respect to an Unlicensed Dog - $100.
c. A maintenance fee in respect of each day or part of a day on the impoundment period -
$25
For Administrative Use Only:
First reading:
October 30, 2023
Notice of Intent:
November 8, 2023
Second Reading:
November 27, 2023
Notice of Publication and Effective Date of Bylaw:
December 6, 2023
Notice to Service Nova Scotia & Municipal Relations:
December 14, 2023
VERSION LOG
Chief of Police, Pike
Minutes reference date:
June 25, 2012
1.
Changes to numbering of sections;
2.
Additional definitions in the interpretation
section
such
as
"Accredited
Training",
"Continuous Restraint and Contror, "Mitigating
Factor', "Muzzle Ordel' and "Town" to ensure
more clarity in the roles, authority and decision-
making;
3.
A section that provides for the use of an animal
for Search and Rescue, Law Enforcement
Operations, Special Needs dogs, and for off-
leash dog parks;
4,
Additional options and authorities for the Animal
Control Officer when dealing with dangerous
dogs;
5.
A mechanism for dog owners to appeal to
council when their animal has been classified
as a "dangerous dog" and is subject to
restrictions;
6.
Additional guidance for the ACO/Police when
dealing with Dangerous and Fierce Dogs that
includes risk assessments and the possibility of
rehabilitation and other options for the animal;
7.
The addition of 14 days to pay a fine before
proceeding
to
court
via
the
Summary
Proceedings Act;
8.
Change in the dog impound fees and actions
that are in-line with the Cumberland County
fees and actions and includes:
a.
First impoundment increased from
$30 to $75
b.
Second impoundment increased from
$70 to $150
c.
Third impound results in permanent
seizure of the animal {case by case
basis)
d.
Maintenance fee for each day/part of
a day increase from $15 to $25;
9.
Unregistered dog impoundment fee increased
from $100 to $150
November 23, 2015
November 27, 2023