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Definitions
1.
In this By-law:
(a)
"Animal Control Officer" means the Municipality=s Animal Control Officer or a
person appointed by the Chief Administrative Office or Council, or any Animal
Control Officer employed by an outside agency to act on the Municipality's
behalf for the purpose of this By-law, and includes the Pound Keeper.
(b)
"Chief Administrative Officer" means the Chief Administrative Officer for the
Municipality of Colchester.
(c)
"Development Areas" means the area or areas within the Municipality defined
as "Area 1" pursuant to Schedule "A" to the Municipality's Subdivision By-law
as amended from time to time.
(d)
"Dog" means any dog, male or female, or any animal that is the result of the
breeding of a dog and any other animal;
(e)
"Domestic Animal" means an animal that has been bred and/or genetically
adapted to live alongside humans.
(f)
"Extraordinary Expense" means any expense incurred by Animal Control
Officer in relation to a dog except for provision of food or shelter.
(g)
"Farm Animal" has the same meaning as defined in the Animal Protection
Action S.N.S 2018, c.21, as amended, but does not include any wild game.
(h)
"Municipality" means the Municipality of Colchester.
(i)
"Owner" means the owner of a dog and any person who possesses, has the
care or control of, or harbours a dog and, where such a person is a minor,
includes a parent, guardian or custodian of such a person.
(j)
"Pound Keeper" means Municipality or contracted agreement with a provider.
(k)
"Public Place" means any place where the public would ordinarily have access
to, whether invited or implied.
Registration
2.
The owner of any dog shall register such dog with the Municipality and obtain from
the Municipality a tag for such dog.
Chapter 35 - Dog By-law
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3.
Every owner of a dog shall, within ten (10) days of having become owner, register
such dog with Municipal Staff and obtain from the Municipal Offices or Animal
Control Officer, a tag for such dog.
4.
In order to register a dog, an owner shall pay the lifetime registration fee as set out in
the Municipal Fee Policy and shall supply the Municipality with the following:
(a)
Name, civic address, mailing address and telephone number of the owner;
(b)
Name and breed of the dog;
(c)
description of the dog including whether the dog is male or female, spayed or
unspayed or neutered or unneutered as the case may be; and, at the
discretion of the owner, the following additional information may be supplied;
(d)
Identification information such as micro-chip implants, tattoos or other special
markings; and
(e)
Emergency or alternate contact in the event the dog has been found.
(f)
The Municipality shall be notified immediately of any changes to the
information required under this Section.
5.
Registration shall be effective for the lifetime of the dog, but the owner is responsible
for replacing the tag if lost.
6.
The registration and / or replacement fee shall be in such amount as Council may
authorize by resolution as set out in the Municipal Fee Policy
7.
The following are exempt from registration:
(a)
the Animal Control Officer or Pound Keeper or Colchester Chapter of the SPCA
shall not be required to register a stray that they are harbouring for a
maximum of 30 days;
(b)
a dog shall be exempt from registration and registration fees in the event the
owner proves that the dog is under the age of three months; and,
(c)
if Council authorizes by recorded resolution a fee to be paid by the owner of a
kennel of pure-bred dogs that are registered with the Canadian Kennel
Association as an annual tax upon the kennel, upon payment of such fee the
owner of the kennel is exempt from any further fee in respect to dogs kept at
the kennel that year.
8.
The owner of every dog shall keep on the dog, a collar with the tag issued for that dog
by the Animal Control Officer or Municipality at the time of registration and such tag
shall be kept securely fixed on the dog at all times while in a public place.
9.
The owner of a dog shall deliver in writing to the Animal Control Officer a statement of
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the number of dogs owned or harboured, or that are kept upon the premises
occupied by the owner within ten (10) days after having received notice requiring it to
be provided.
Dog Control and Pound
10.
Animal Control Officer or another person or agency appointed by Council shall be
responsible for the enforcement of this By-law.
11.
Council shall appoint a Pound Keeper who shall:
(a)
Collect on behalf of the Municipality, any Impounding Fees, Daily Pound Fees
and any other additional charges or fees as are authorized in this By-law and
as may be set by resolution of Council and found in the Municipal Fees Policy;
(b)
Be responsible for the operation of the pound;
(c)
Provide adequate food and water to impounded dogs;
(d)
Keep the pound in a reasonable state of cleanliness;
(e)
Keep the pound premises neat and tidy in appearance.
(f)
Ensure any dogs that have been impounded do not leave the premises until
they have been registered with the Municipality and all dues paid.
(g)
Supply monthly and annual reports to the Municipality of dogs kept, the
duration of their stay, and the fate of such animal.
Dog Running At Large
12.
Any dog which is off the premises occupied by the owner without being under the
apparent restraint or control of some person shall be deemed to be running at large
for the purposes of this By-law.
13.
In Development Areas the owner of a dog shall, while the dog is off the property
occupied by the owner, keep the dog under control by means of a harness or leash,
and the dog shall be deemed to be running at large where the owner fails to use such
apparatus.
13.1 The Municipality may designate any park, trail, or area of land owned by the
Municipality, marked by signage, prohibiting dogs from being off leash.
Fierce or Dangerous Dogs
14.
For purposes of this By-law a dog that is fierce or dangerous means any dog
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(a)
(i)
that, in the absence of a mitigating factor as defined in Section 15, has
attacked or injured a person;
(ii)
that, in the absence of a mitigating factor as defined in Section 15, has
injured a domestic or farm animal;
(iii)
that, in the absence of a mitigating factor, demonstrates a propensity
to be aggressive, threatening or otherwise overtly intimidating off the
property of the owner;
(b)
owned or harboured in whole or in part for the purpose of dog fighting;
(c)
trained for dog fighting;
(d)
Notwithstanding Section 14(a) through 14(c), no dog shall be deemed fierce
or dangerous if it is a professionally trained dog while lawfully engaged for law
enforcement or lawful security purposes.
14.1 Any Animal Control Officer investigating a dog alleged to be fierce or dangerous many
do any one or more of the following:
(a)
Declare the offending dog to be fierce or dangerous;
(b)
Impose an Order of Conditions on the dog that the dog owner is obligated to
follow, including but not limited to:
(i)
Requiring the dog to be muzzled and tethered at all times off property
and/or outside of an enclosure.
(ii)
Requiring the dog to be secured indoors or in an enclosure on property
owned by the owner.
(iii)
Requiring appropriate signage warning of the risk posed by the dog.
(iv)
Any other condition deemed necessary to ensure the safety of the public.
(c)
Order any dog under investigation for being fierce and dangerous, be
impounded for 10 days, at the owner's expense. The Animal Control Officer
may extend the period of impoundment if more time for assessment is
required.
(i)
Any dog impounded may, in the investigating Animal Control Officer's
discretion, undergo any testing deemed necessary to ensure the health
and safety of the public, including a welfare and behavioural
assessment to determine eligibility for return.
(d)
A dog that the Animal Control Officer believes on reasonable grounds acted in
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a fierce or dangerous manner be seized, at any time following the alleged
occurrence of being fierce or dangerous, may:
(i)
undergo welfare and behavioural assessment to determine eligibility
for return to the owner or rehoming.
(ii)
prior to making a decision as to return or rehome a dog, the Animal
Control Officer shall share the results of any tests or assessments with
the owner and shall provide the owner at least two business days to
submit a written response.
(iii)
if the Animal Control Officer decides to rehome a dog, the owner must
be provided at least five (5) business days' notice before the
permanent placement in a new home occurs.
15. "Mitigating Factor" means a circumstance which may excuse the aggressive behaviour
of a dog where:
(i)
the dog, at the time of the aggressive behaviour, attacked or injured
any trespasser on property occupied by its owner;
(ii)
the dog, immediately prior to the aggressive behaviour, was being
abused or tormented by the person attacked or injured;
(iii)
any other reasonable circumstance that explains the fierce or
dangerous behaviour.
Responsibilities of Owners
16.
Every owner of a dog
(a)
whose dog runs at large;
(b)
whose dog is not wearing a tag required by this By-law;
(c)
whose dog is not registered pursuant to this By-law;
(d)
whose dog persistently disturbs the quiet of the neighbourhood by barking,
howling or otherwise;
(e)
who neglects or refuses to provide a written statement required by this By-law;
(f)
who harbours, keeps, or has under care, control or direction a dog that has
previously been declared fierce or dangerous and does not comply with
conditions imposed by the Animal Control Officer;
(g)
who fails to remove the feces of a dog, other than a dog that is trained to
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assist and is assisting a person with a disability, from public property or
private property other than the owners;
is guilty of an offence.
Impounding
17.
Municipal Staff 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 required by this By-law;
(c)
is not registered pursuant to this By-law;
(d)
is fierce or dangerous;
(e)
is rabid or appears to be rabid or exhibits symptoms of canine madness; or
(f)
persistently disturbs the quiet of the neighbourhood by barking, howling or
otherwise.
18.
Council, by resolution, may set an Impounding Fee and a Daily Pound Fee (see last
page for current resolution).
19.
In the case of redemption of a dog which has not been registered pursuant to this By-
law, the owner shall also be required to register the dog and pay the registration fee
before being allowed to redeem the dog.
20.
Any dog which has not been redeemed by its owner at the expiry of a period of 72
hours after being impounded may be given away, or sold by the Pound Keeper and, if
sold, the proceeds shall belong to the Municipality.
21.
Whenever the 72 hours of impounding time expires on a weekend, the Pound Keeper
shall hold such dog until the expiry of the first business day following the weekend to
permit the owner to redeem the dog.
22.
Animal Control Officer may impound and not permit the return of a dog impounded
for running at large or persistently disturbs the quiet of the neighbourhood by
barking, howling or otherwise provided its owner has been provided written warnings
for at least two previous instances of violating the By-law.
Notice
23.
Upon any dog being impounded the Pound Keeper shall check for a tag and if a tag is
found, the Pound Keeper shall make at least one attempt to contact the registered
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owner of the dog using the most recent information provided by the owner to the
Municipality. Provided, however, that if a dog is missing the onus is on the owner of
the dog to ascertain within the time period provided for impounding under this By-
law, whether the dog has been impounded.
Euthanasia
24.
(a) Animal Control Officer may, without notice to or complaint against the owner,
euthanize on sight if the dog:
(i)
appears fierce or dangerous and capture is not safe or reasonable;
(ii)
is rabid or exhibits symptoms of canine madness
(ii)
is sick or injured beyond reasonable treatment.
(b)
In the event a dog has been captured, before the Animal Control Officer
determines the dog should be euthanized, there shall be testing as provided for
in Section 14.
(c)
Prior to making a decision to euthanize, the Animal Control Officer shall provide
the owner with the results of test or assessments and allow at least five (5)
business days to provide written submissions from others in support, unless it
is determined that delay in euthanizing would cause pain and suffering to the
dog in which case the Animal Control Officer must give as much notice as
reasonably possible in the circumstances.
(d) If the Animal Control Officer decides to euthanize a dog, the owner must be
provided at least five (5) business days' notice before euthanizing unless it is
determined that delay in euthanizing would cause pain and suffering to the dog
in which case the Animal Control Officer must give as much notice as
reasonable possible in the circumstances.
25.
Animal Control may, euthanize on sight or after capture any dog that is running at
large and which the Animal Control Officer believes, on reasonable and probable
grounds, to pose a danger to a person or a domestic animal or to property of persons
other than the owner.
Enforcement
26.
In the event that any person is convicted of an offence under this By-law, an Animal
Control Officer may prohibit the dog owner from owning a dog within the Municipality
of Colchester. Before exercising the discretion to prohibit, the Animal Control Officer
shall provide the owner at least five (5) business days to provide written submissions
including submissions from other in support.
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27.
An Animal Control Officer may utilize any proceedings found under the Municipal
Government Act S.N.S. 1998, c.18, as amended, as necessary for the purpose of
enforcing this By-law.
28. Any person convicted of an offence on summary conviction under this By-law is liable
to a penalty not exceeding $10,000.00 or imprisonment not exceeding 90 days, or
both.
29.
In any event, no dog shall be returned to an owner without all fees and costs incurred
by the Animal Control Officer or Municipality being paid in full.
Repeal
30.
All previously enacted Dog By-laws of the Municipality are hereby repealed.
THIS IS TO CERTIFY, that amendments to Chapter 35 - Dog By-law was duly approved at a duly called meeting
of the Municipal Council of the Municipality of the County of Colchester, duly convened and held on the 27th day
of March, A.D., 2024.
GIVEN under the hand of the Municipal Clerk and under the corporate seal of said Municipality on this 30th day
of April, A.D., 2024.
Dan Troke
Municipal Clerk
I, Dan Troke, Municipal Clerk of the Municipality of
the County of Colchester, do hereby certify that the
adjacent Notice of Approval is a true copy of the
Notice of Approval of Chapter 35 - Dog By-law,
duly advertised in the Thursday, April 11, 2024,
issue of the Truro News.
Given under the hand of the Municipal Clerk and
under the corporate seal of said Municipality this
30th day of April, 2024.
Dan Troke
Municipal Clerk