Domestic and Wild Animals and Exotic Pets By-law No. 939 — full text

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CERTIFIED TOWN OF LUNENBURG DOMESTIC AND WlLD ANIMALS AND EXOTIC PETS BY-LAW #57 1, BEA RENTON, TOWN MANAGERICLERK FOR THE TOWN OF LUNENBURG, DO CERTIFY THAT THE ATTACHED IS A TRUE AND CURRENT COPY OF DOMESTIC AND WlLD ANIMALS AND EXOTIC PETS BY-LAW # 57. OF THE TOWN OF LUNENBURGDULYAPPROVEDBYTHE LUNENBURG TOWN COUNCIL ON MAY 30,2002, WITH FIRST READING HAVING BEEN GIVEN ON MARCH 29,2001, SECOND READING ON FEBRUARY 28,2002 AND THIRD AND FINAL READING ON MAY 30,2002 AND EFFECTIVE ON JUNE 12,2002 THE DATE OF ADVERTISEMENT IN THE PROGRESS ENTERPRISE NEWSPAPER. < Chapter 57 Domestic and Wild Animals and Exotic Pets By-Law 1. This By-Law is entitled the "Domestic and Wild Animals and Exotic Pets By-Law". 2. The purpose ofthis By-law is to determine which domestic and wild animals and exotic pets will be proscribed and under what circumstances other domestic and wild animals and exotic pets may be possessed. 3. In this By-Law: (1) "Animal Control OfficerY'meansthe staff person or persons appointed by the Council to act on the Town's behalf for the purposes of this By-law, and without restrictkg the generality of the foregoing, any Peace Ofticer for the Town of Lunenburg shall be deemed to be an Animal Control Officer; (2) "destroy" means kill; . (3) "domestic or wild animal" includes, but is not limited to, reptiles, arachnids and birds; (4) "livestock" means cattle, horses, ponies, mules, sheep, swine and goats; (5) "proscribed animal: reptile or arachnid" means: (a) a venomous snake or reptile which poses a possible danger to a person or to a domestic animal; CD) a cobra snake or a rattlesnake; (c) a snake over 3 metres in length, which poses a possible danger to a person or a domestic animal; (d) a scorpion, which poses a possible danger to a person or a domestic animal; (e) a venomous spider; which poses a possible danger to a person or a domestic animal; or (f) any other animal, reptile or arachnid proscribed by the Town by Policy; - -- (6) "Town" means the Town of Lunenbwg or Lunenburg Town Council; This By-Law does not apply to livestock, dogs or domestic cats. No person, unless duly licensed to cany on an exhibition circus or other itinerant amusement performance, shall bring into the T o m possess, have the care or control of, or harbour a proscribed animal, reptile or arachnid. No person owning, possessing, or having the care and control of a domestic or wild animal, or being a parent, guardian or custodian of a minor who owns, possesses, has the care or control of a domestic or wild animal shall cause, permit or suffer the domestic or wild animal to be at large within the Totvn. For purposes of this By-Law, a domestic or wild animal is deemed to be at large, when it is not under physical restraint and control of some person by means of: (I) enclosure inside an escape-proof building with the permission of the building's owner; (2) enclosure inside an escape-proof aquarium, pen, cage or container of durable construction; or (3) being securely tethered on aleash, harness, chain or other device in an escape- proof manner. Provided that notwithstanding the foregoing, an animal or arachnid which is ordinarily required to be kept in an escape-proof aquarium,pen, cage or container of durable construction may be removed therefiom while on display for educational purposes in conjunction with a school or community organization. All persons owning, possessing or hrrving the care and cont~ol of a reptile or arachnid not proscribed by the Town by policy, and all persons owning, possessing or having the cme and Contml of any other animal for which the Town Council by policy directs that notice be given, shall, within one month of the passage of this By-Law and within one month of the acquisition of any such reptile, arachnid or other animal file written notice at the Town Office containing - L a description of each arachnid, reptile or other Emimal for which notice is required. An Animal Control Officer may, without notice to or complaint against the owner, destroy (or have destroyed) on sight or after capture, a domestic or nfld animal that is at large and which Town StaEbelieves, on reasonable and probable grounds, poses a possible danger to aperson or to a domestic animal. 10. Notxvithstandmg anyThhg herein contained, Section 5 of this By-law shall not apply to a person who is a resident of the Town of Lunenburg at the time of adoption of this By-law, but only in relation to an animal, reptile or arachnid owned by that individual on the date of the adoption of this By-law, and only where a list describing such animals, reptiles or arachnids are filed with the ManageriClerk of the Tofin of Lunenburg within 30 days of the adoption of this By-law. 1 1. Any person who contravenes any provisionof this By-Law is guilty of an offence punishable on summary conviction by a fine of not less than $100.00 and not more than $10,000.00 and to imprisonment of not more than 2 months in default ofpayment thereof.