This is the exact embedded text of the captured official document.
Snapshot 39f5bcd87184 · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
TITLE
TOWN OF PORT HAWKESBURY
DoGBY-LAW
1. This By-Law is entitled the "Dog By-Law".
DEFINITIONS
2. In this By-Law:
(1) "CAO" means the Chief Administrative Officer for the Town of Port
Hawkes bury;
(2) "destroy" means kill;
(3) "dog" means any dog, male or female, or any animal that is the result of
the breeding of a dog with any other animal;
(4) "domestic animal" includes pets and farm animals;
(5) "extraordinary expense" means any expense incurred by the Town Staff
in relation to a dog, except for provision of food and shelter;
(6) "fierce or dangerous dog" means any dog:
(a) that is a wolf-dog hybrid;
(b) that, in the absence of a mitigating factor as defined herein, has
attacked or injured a person;
( c) that, in the absence of a mitigating factor as defined herein, has
injured a domestic animal;
( d) that, in the absence of a mitigating factor as defined herein, when
either unmuzzled or unleashed, in a vicious or terrorizing manner,
approaches any person in an apparent attitude of attack upon streets,
sidewalks, any public grounds or places, or on private property other
than the property of the owner;
( e) that, in the absence of a mitigating factor as defined herein,
demonstrates a propensity to be aggressive;
(f) owned or harboured in whole or in part for the purpose of dog
fighting; or
(g) trained for fighting;
This electronic version of this By-law is provided by the Clerk of the Town of Port Hawkesbury for your convenience and personal use only.
Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult the Clerk's office.
provided that no dog shall be deemed fierce or dangerous if it is a
professionally trained guard dog while lawfully engaged in law
enforcement.
(7) "mitigating factor" means a circumstance which excuses the aggressive
behaviour of a dog where:
(a) the dog, at the time of aggressive behaviour, attacked or injured
any trespasser on property occupied by its owner;
(b) the dog, immediately prior to the aggressive behaviour, was being
abused or tormented by the person attacked or injured;
(8) "muzzle" means a humane covering device of sufficient strength placed
over a dog's mouth to prevent it from biting;
(9) "Town Staff' means the Town of Port Hawkesbury's Dog Control Officer
or a person appointed by the Chief Administrative Officer or Council to act on
the Town's behalf for the purposes of this By-Law, and includes the Pound
Keeper;
(10) "neighbourhood" means one or more persons;
(11) "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; and
(12) "wolf-dog hybrid" means any animal which results from the breeding of
a dog and a wolf that is or has been advertised or held out for sale as such.
REGISTRATION
3. On or before the 31st day of January in each year, the owner of any dog shall
register such dog with the Town Staff and obtain from the Town Staff a tag for such
dog.
4. Every owner of a dog shall, within ten (10) days of having become the owner,
register such dog with the Town Staff and obtain from the Town Staff a tag for such
dog.
5. In order to register a dog, an owner shall pay an Annual Registration Fee for each
spayed or neutered dog and for each non-spayed or non-neutered dog and shall
supply the Town Staff with the following:
(a) Name, civic address, mailing address and telephone number of the owner;
(b) Name and breed of the dog;
2
( c) Description of the dog including whether the dog is male or female,
spayed or non-spayed, neutered or non-neutered, as the case may be;
and, at the discretion of the owner, the following additional information may
be supplied:
( d) A photograph of the dog;
( e) Identification information such as micro-chip implants, tattoos or other
special markings;
(f) The name of the veterinary clinic frequented by the dog and veterinary
file Id number.
6. Registration shall be effective until the 31st day of January in the year following
the year of registration.
7. The Annual Registration Fee shall be reduced by 50% in the year of acquisition
where the owner acquires ownership of the dog after June 30th-
8. A dog that is trained to assist and assists a person with a disability is exempt from
paying a registration fee but not from registration.
9. (a) The owner of every dog shall keep on the dog a collar with the metal tag issued
for that dog by Town Staff at the time of registration and such tag shall be kept
securely fixed on the dog at all times during the year until a replacement tag is
issued, except that such tag may be removed while the dog is being used for lawful
hunting purposes in the presence and under the control of the dog's owner and
wearing a collar bearing the owner's name and address.
(b) Where the metal tag issued pursuant to this By-Law has been lost, destroyed or
mutilated, the owner shall acquire for the remainder of the current licensing year, a
replacement tag, upon providing proof of purchase of a valid dog license and upon
payment of the prescribed fee.
10. The owner of a dog shall deliver in writing to the Town Staff a statement of the
number of dogs owned or harboured, or that are kept upon the premises occupied
by the owner within 10 days after having received notice requiring it to be provided.
DOG CONTROL AND POUND
11. Town Staff shall be responsible for the enforcement of this By-Law.
12. Council shall appoint a Pound Keeper who shall:
3
(a) collect on behalf of the Town of Port Hawkesbury 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;
(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; and
( e) keep the pound premises neat and tidy in appearance.
DOGS RUNNING AT LARGE
13. Any dog which is
(a) off the premises occupied by the owner without being under the
continuous restraint and control of a person; or
(b) tethered on a tether of sufficient length to permit the dog to leave the
property boundaries of the premises occupied by the owner;
is deemed to be running at large for the purposes of this By-Law.
14. The owner of a dog shall, while the dog is off the premises 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,
except that an unleashed and unharnessed dog that is under continuous human
restraint and control shall not be deemed to be running at large if at the time the
dog is:
(a) participating in an organized hunt, dog exhibition event or dog field trials;
(b) participating in a search and rescue operation or law-enforcement
operation;
(c) assisting a person with a disability, provided the dog is trained for such
purpose;
( d) within a municipal public 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 are posted; or
( e) within the land owned by a person who has given prior consent to the
dog being off the leash.
4
FIERCE OR DANGEROUS DOGS
15. The owner of a fierce or dangerous dog 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; and
(b) unless the dog is wearing a proper muzzle.
16. The Town Staff has the power and authority hereunder, upon reasonable
grounds, to make the determination that any dog is a fierce or dangerous dog.
17. Where the Town Staff has reason to believe that a dog has attacked a person or
another domestic animal, or has the propensity to do so, the Town Staff may:
(a) classify the dog as a fierce or dangerous dog;
(b) issue the owner a notice to muzzle the dog;
( c) 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; and
( d) 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.
18. When the Town Staff determines that a dog is a fierce or dangerous dog, the
Town Staff, if he/she determines in his/her discretion, that the dangerous dog poses
an immediate and significant threat to public safety, may, after consultation with the
CAO, destroy the fierce or dangerous dog, without permitting the owner to claim it.
RESPONSIBILITIES OF OWNERS
19. 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 neighborhood by
barking, howling or otherwise;
5
( e) who neglects or refuses to provide a written statement required by this
By-Law;
(f) who fails to remove the feces of a dog, other than a dog that is trained to
assist and is assisting a person with a disability, from public property or
private property other than the owner's property;
(g) who fails to properly control a fierce or dangerous dog pursuant to
section 15;
(h) who fails to comply with any order issued by Town Staff pursuant to
section 17;
is in contravention of this By-Law.
IMPOUNDING
20. Town 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
(f) persistently disturbs the quiet of the neighbourhood by barking, howling
or otherwise.
21. An Impounding Fee and a Daily Pound Fee shall be payable by any person
seeking to redeem an impounded dog.
22. Subject to sections 23 to 26 of this By-Law, except in the case where a dog is
impounded for being fierce or dangerous, or is rabid, the owner of a dog which has
been impounded, upon proof of ownership of the dog, may redeem the dog after
payment to the Pound Keeper, or making arrangement for payment satisfactory to
the Pound Keeper, of the Impounding Fee and the Daily Pound Fee(s), along with
reimbursement for any Extraordinary Expenses incurred by the Town Staff in
relation to the dog.
23. 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.
6
24. Any dog which has not been redeemed by its owner at the expiry of a period of
72 hours after being impounded may be:
(a) given away;
(b) sold; or
( c) destroyed;
by the Pound Keeper and, if sold, the proceeds shall belong to the Town of
Port Hawkesbury.
25. 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.
NOTICE
26. 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 two attempts to contact the
registered owner of the dog using the tag number on the records of the Town Staff.
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, and neither the Pound Keeper nor the Town
of Port Hawkesbury shall incur liability in the event of failure to give Notice to the
owner if the owner has not made inquiry of the Pound Keeper to determine whether
the dog was impounded.
DESTROYING
27. Town Staff may, without notice to or complaint against the owner, destroy on
sight any dog that is fierce or dangerous, is running at large and eluding capture, or
is rabid or appears to be rabid, if:
(a) the dog poses an immediate danger to a person or a domestic animal or to
property of persons other than the owner; or
(b) the dog poses an immediate and significant threat to the public safety;
and
(c) it is not reasonably possible to safely capture the dog.
28. Where a dog has been captured, Town Staff may destroy the dog, after
consultation with the CAO, if the dog:
(a) was running at large and two previous written warnings have been given
to the owner that the dog has been running at large;
7
(b) is fierce or dangerous; or
( c) is rabid or appears to be rabid;
provided that the owner has been given the opportunity to make written
representations to the CAO in respect of the dog in accordance with sections
30 and 31.
29. If the Town Staff destroys the dog, the Town Staff 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 Extraordinary
Expenses related to the destruction/disposal.
30.
(a) If a dog has been captured to which section 28 applies and the dog has a
current tag issued by the Town of Port Hawkesbury or any tag by which the
Town Staff could ascertain the owner's name and address, the Town Staff
send a notice to the owner by registered mail including:
(i) the date and time when the dog will be destroyed, provided that the date
of destruction shall not be less than 7 days from the date of mailing of the
notice; and
(ii) notice that the owner may make written representations to the CAO
respecting the destruction of the dog by delivering to the CAO written
representations three (3) days prior to the scheduled date of destruction of
the dog.
(b) If a dog has been captured to which section 28 applies and the dog does
not have a tag issued by the Town of Port Hawkesbury or a tag by which the
Town Staff could ascertain the owner's name and address, the Town Staff is
not required to send a notice to the owner, but shall not destroy the dog until
at least 72 hours after it has been captured to permit the owner an
opportunity to make representations respecting the destruction of the dog.
31. Where written representations have been provided by an owner to the Town of
Port Hawkesbury pursuant to section 30, Town Staff shall consider the
representations and if the Town Staff concludes that the dog:
(a) was running at large and two previous written warnings have been given
to the owner that the dog has been running at large;
(b) is fierce or dangerous; or
(c) is rabid or appears to be rabid;
8
Town Staff may destroy the dog, and shall notify the owner by registered
mail prior to or immediately following the destruction of the dog. The notice
must include written reasons for the decision to destroy the dog.
32. If, following consideration of the owner's written representations, Town Staff
decides not to destroy the dog, the dog shall be impounded and dealt with in
accordance with sections 20 through 25 of this By-Law.
ENFORCEMENT
33. No 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.
34. This By-Law may be enforced, at the discretion of the Town of Port Hawkes bury:
(a) in accordance with the procedures set out in the Municipal Government
Act; or
(b) by means of a summary offence ticket under the Municipal Government
Act.
35. The Summary Proceedings Act, where applicable, shall apply to proceedings
under this By-Law.
36. The Town Staff 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.
PENALTY
37. 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.
38. Each day an offense continues shall be a separate offense.
39. The penalties prescribed are as follows:
(a) with respect to the first contravention and/or impoundment in any
consecutive 12 month period, payment of$ 60.00;
(b) with respect to the second contravention and/or impoundment in any
consecutive 12 month period, payment of$ 100.00;
(c) with respect to the third contravention and/or impoundment in any
consecutive 12 month period, payment of$ 150.00;
9
(d) with respect to any subsequent contravention and/or impoundment
within any consecutive 12 month period, payment of a sum not less than $
300.00 and not more than $ 500.00.
40. 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.
41. If payment is not made in accordance with these procedures, the fine is
recoverable under the Summary Proceedings Act.
COSTS
42. In all cases, the Town of Port Hawkesbury shall have the right to recover from
the owner of the dog the costs incurred by the Town in applying this By-Law to the
owner's dog.
43. In all cases, the costs of the Town of Port Hawkesbury shall include the actual
payments made by the Town of Port Hawkesbury, together with its reasonable
administrative charges.
FEES
44. Any and all fees referred to in this By-Law are set out in Schedule "A" attached
hereto and may be amended from time to time pursuant to the Town of Port
Hawkesbury's User Fee Policy.
INTERPRETATION
45. This By-law shall be read with all changes in gender and number, as may be the
appropriate.
46. Any part of this By-Law found to be illegal shall be severed from the balance of
the By-Law.
REPEAL
47. The Dog By-law for the Town of Port Hawkesbury approved by Town Council on
August 5, 1997 and approved by the Minister of Housing and Municipal Affairs, with
amendment, on January 27, 1998 is hereby repealed.
10
SCHEDULE "A"
DOG LICENSE FEES
1.
Dog License fees shall be:
a) $ 25.00 for each spayed/neutered dog;
b) $ 50.00 for each non-spayed/non-neutered dog;
c) $ 15.00 for a tag replacement.
Each license fee shall be payable to the Town of Port Hawkes bury annually.
DOG IMPOUND FEES
2.
A dog owner may reclaim their impounded dog upon proving ownership and
upon paying to the Pound Keeper 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 Impoundment - $ 30.00
ii) Second lmpoundment - $ 70.00
iii) Third and subsequent Impoundments - $ 100.00
b) An impoundment fee in respect to an Unlicensed Dog - $100.00.
c) A maintenance fee in respect of each day or part of a day on the
impoundment period - $ 15.00.
11
Annotation for Official By-Law Book
Date of first reading:
March 5, 2013
Date of advertisement of Notice of Intent to Consider:
March 13, 2013
Date of second reading:
April 2, 2013
*Date of advertisement of Passage of By-Law:
April 10, 2013
Date of mailing to Minister of certified copy of By-law: April 11, 2013
I certify that this D/)G BY-LAW was adopted by Council and published as indicated
arte~ ~~
Chief Administrative Officer
*Effective Date of the By-Law unless otherwise specified in the text of the By-Law