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TOY 20 - Dog Bylaw
Town of Yarmouth
DOG BYLAW
Effective: August 10th, 1995 - Amended: May 16th, 2013
TOY 20
1.0
Short Title
This Bylaw shall be known a Bylaw No. 20 and may be cited as the "Dog Bylaw".
2.0
Definitions
In this bylaw:
a. "destroy" means kill;
b. "dog" means any dog, male or female, or any animal that is the result of the breeding of
a dog with any other animal;
c. "domestic animal" means any dogs, cats, pets or farm animals;
d. "extraordinary expense" means any expense incurred by Town Staff in relation to a dog
except for provision of food and shelter;
e. "fierce or dangerous dog" has the meaning stipulated in section 7.1 of this Bylaw;
f. "mitigating factor" means a circumstance which excuses 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;
g. "Town Staff' means the Town'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
Bylaw, and includes any member, employee, or agent of any branch of the Society for the
Prevention of Cruelty to Animals (SPCA) which has contracted with the Town for the
provision of certain services relating to this Bylaw;
h. "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. For the purposes of this bylaw, more than one person may be
considered the owner of any dog. The registered property owner for any property in
which a dog is habitually found shall be deemed to be harbouring that dog for the
purposes of this bylaw;
i.
"wolf-dog hybrid" means any animal which results from the breeding of a dog and a wolf
or that is or has been advertised or held out for sale as such.
TOY 20 - Dog Bylaw
3.0
Registration
3.01
On or before the 1st day of April 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.
3.02
A person shall be at least eighteen (18) years of age to register a dog with the Town.
3.03
The Town shall not accept any dog for registration if the owner has any unpaid fines levied against
him or her as a result of a conviction under this Bylaw, or any unpaid fines levied with respect to
a conviction under this Bylaw involving the dog to be registered.
3.04
The failure to pay any fine levied under this Bylaw within the time period granted by the Court
shall result in the immediate revocation of the registration of any dog under this Bylaw.
3.05
Every owner of a dog shall, within ten (10) days of having become owner, register such dog with
the Town Staff and obtain from the Town Staff a tag for such dog.
3.06
In order to register a dog, an owner shall pay the annual registration fees set out in Schedule A of
this Bylaw 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;
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:
i.
A photograph of the dog;
ii.
Identification information such as micro-chip implants, tattoos or other special
markings; and
iii.
The name of the veterinary clinic frequented by the dog and veterinary file ID
number.
3.07
Registration shall be effective until the first day of April in the year following the year of
registration.
3.08
The registration fee shall be reduced by 50 percent in the year of acquisition where the owner
acquires ownership of the dog after September 30th.
3.09
The owner of every dog shall keep on the dog a collar with the tag issued for that dog by Town
Staff at the time of registration. Such a tag shall be kept securely fixed on the dog at all times
during the year until a replacement tag is issued. However, such a 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.
TOY 20 - Dog Bylaw
3.10
The owner of a dog shall deliver in writing to 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.
3.11
The following are exempt from registration:
a. the Town Staff or the Yarmouth SPCA shall not be required to register a stray;
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.
3.12
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.
4.0
Dog Control Provisions
4.1
The owner of a dog, other than a dog that is trained to assist and is assisting a person with a
disability, shall immediately remove the dog's feces from any public property or private property,
other than the property of its owner.
4.2
If a dog is on any public property or private property other than the property of its owner, the
owner shall have in his or her possession a suitable means of facilitating the removal of the dog's
feces.
4.3
The owner of a dog may enter upon private property for the purpose of removing a dog's feces.
4.4
No owner shall suffer, permit, allow or for any reason have his or her dog persistently bark, howl
or otherwise disturb the quiet of a neighborhood.
4.5
The owner of a dog shall ensure that such dog does not enter or remain in or on:
a. any school ground, playground, sports field, or golf course; or
b. any other area where dogs are prohibited by posted signs.
5.0
Unsanitary Conditions
No person shall keep a dog in an unsanitary condition within the Town. Conditions shall be
deemed unsanitary where the keeping of the dog results in an accumulation of fecal matter, an
odour, insect infestation or rodent attractants which endanger the health of the animal or any
person, or which disturb or is likely to disturb the enjoyment, comfort or convenience of any
person in or about any dwelling, office, hospital or commercial establishment.
6.0
Dogs Running at Large
6.1
Any dog which is off the premises occupied by its owner must be on a leash or harness and under
the continuous restraint and control of some person. Whether a dog is under the continuous
restraint and control of a person is to be determined by reference to:
TOY 20 - Dog Bylaw
a. the size and strength of the person in relation to the size and strength of the dog;
b. whether the dog has responded to voice, sound or sight commands from the owner;
c. whether the dog has bitten, attacked or done any act that injures a person or domestic
animal;
d. whether the dog has chased or otherwise threatened a person;
e. whether the dog has caused damage to property.
6.2
Any dog that does not comply with the requirements of section 6.1 is deemed to be running at
large.
6.3
A dog which is 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.
6.4
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 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; or
d. within a Town 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.
7.0
Fierce or Dangerous Dogs
7.1
For purpose of this Bylaw a dog that is fierce or dangerous 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 attacked or 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. owned or harboured in whole or in part for the purpose of dog fighting; or
f. trained for dog fighting;
provided that no dog shall be deemed fierce or dangerous if it is a professionally trained guard
dog while lawfully engaged for law enforcement.
7.2
In addition to a prosecution of an offence under this Bylaw for having a fierce or dangerous dog,
or after the conviction of any person for having a fierce or dangerous dog, the Town may require
the registered owner of a fierce or dangerous dog to ensure that within ten (10) days after the
notice to do so:
TOY 20 - Dog Bylaw
a. such dog is registered with the Town as a fierce or dangerous dog in accordance with the
fees outlined in Schedule A;
b. such dog is spayed or neutered;
c. at all times when off the owner's property, the dog shall be muzzled;
d. at all times when off the owner's property, the dog shall be on a leash not longer than 1.2
metres with a tensile strength of at least 140 kilograms and under the control of a
responsible person sixteen years of age or older;
e. when such dog is on the property of the owner, it shall be either securely confined indoors
or in a securely enclosed and locked pen or structure, suitable to prevent the escape of
the dangerous dog and capable of preventing the entry of any person not in control of
the dog. Such pen or structure must have minimum dimensions of two metres by four
metres and must have secure sides and a secure top. If it has no bottom secured to the
sides, the sides must be embedded into the ground no less than thirty centimetres deep.
The enclosure must also provide protection from the elements for the dog. The pen or
structure shall not be within one metre of the property line or within three metres of a
neighbouring dwelling unit. Such dog may not be chained as a means of confinement;
f. a sign is displayed at each entrance to the property and building in which the dog is kept
warning in writing, as well as with a symbol, that there is a dangerous dog on the property.
This sign shall be visible and legible from the nearest road or thoroughfare;
g. a policy of liability insurance, satisfactory to the Town, is in force in the amount of at least
$500,000, covering the twelve-month period during which licensing is sought, for injuries
caused by the owner's dog. This policy shall contain a provision requiring the community
to be named as an additional insured for the sole purpose of the community to be notified
by the insurance company of any cancellation, termination or expiration of the policy.
7.3
The Town shall have the authority to make whatever inquiry is deemed necessary to ensure
compliance with the provisions outlined in this Bylaw.
7.4
If the owner of a dog that is fierce or dangerous is unwilling or unable to comply with the
requirements of section 7.2 after fourteen days, the said dog shall then be destroyed. Any dog
that is fierce or dangerous under this Bylaw may not be offered for adoption.
7.5
The owner of a fierce or dangerous dog who does not comply with the provisions of this section
of the Bylaw, will have all current dog licenses revoked, and no future dog licenses will be issued
for a period of 5 years.
8.0
Responsibilities of the Owner
The owner of a dog:
a. whose dog is not wearing a tag as required by this Bylaw;
b. whose dog is not registered pursuant to this Bylaw;
c. who fails to remove the feces of a dog as required in this Bylaw;
TOY 20 - Dog Bylaw
d. who fails to have in his or her possession a suitable means of facilitating the removal of a
dog's feces when required by this Bylaw;
e. whose dog persistently disturbs the quiet of the neighborhood by barking, howling or
otherwise;
f. who permits his or her dog to enter or remain in or on a school ground, playground, sports
field, golf course, or any other area where dogs are prohibited by posted signs;
g. who keeps a dog in an unsanitary condition;
h. who neglects or refuses to provide a written statement required by this Bylaw;
i.
which runs at large;
j.
which is fierce or dangerous;
k. who fails to comply with the requirements for registering or keeping a fierce or dangerous
dog;
l.
who fails to ensure that the remains of a dog are promptly cremated in a facility approved
by the Provincial Government for the cremation of dog remains;
is guilty of an offence under this Bylaw.
9.0
Impounding
9.1
Town staff may, without notice to or complaint against the owner, impound any dog that:
a. runs at large contrary to this Bylaw;
b. is not wearing a tag required by this Bylaw;
c. is not registered pursuant to this Bylaw;
d. is fierce or dangerous;
e. is suffering from the parvo virus, or appears to be suffering from the parvo virus.
9.2
Owners seeking to redeem an impounded dog must pay an impoundment fee as outlined in
Schedule A of this Bylaw.
9.3
Subject to section 9.1 of this Bylaw, except in the case where a dog is impounded for being fierce
or dangerous, is suffering from the parvo virus, or appears to be suffering from the parvo virus,
or is rabid or exhibits symptoms of canine madness, 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.
9.4
In the case of redemption of a dog which has not been registered pursuant to this Bylaw, the
owner shall also be required to register the dog and pay the registration fee before being allowed
to redeem the dog.
TOY 20 - Dog Bylaw
9.5
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, sold or destroyed in a humane way by the Pound Keeper
and, if sold, the proceeds shall belong to the Town.
9.6
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.
9.7
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 owner of the dog using
the tag number on the records of 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
Bylaw, whether the dog has been impounded, and neither the Pound Keeper nor the Town 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.
10.0
Destroying
10.1
Town Staff may forthwith, without notice to the owner, destroy after capture any dog that is
suffering from the parvo virus, or appears to be suffering from the parvo virus.
10.2
Before destroying any dog, the Town Staff shall give written notice of its intent to destroy the dog
to the registered owner of the dog, or in the event there is no registered owner of the dog, any
owner of the dog. The written notice shall provide the owner with the circumstances as known
by the Town Staff which lead to the decision to destroy the dog. The written notice shall specify
that the owner has 10 days to provide a written response to the notice which shall be considered
by the Town Staff. After receiving the written response, the Town Staff shall either confirm or
deny the decision to destroy the dog.
10.3
Town staff may, after one written warning, has been given to the owner that a dog has been
running at large or eluding capture, destroy such dog on sight or after capture.
10.4
Town staff may, kill on sight any dog that is running at large and which he or she believes, on
reasonable and probable grounds, to pose a danger to a person or an animal or to property of
persons other than the owner.
11.0
Powers of Town Staff
Town staff may enter onto private property for the purpose of inspection, maintenance and
enforcement of the provisions of this bylaw. Town staff may enter onto private property to
impound any dog that is in contravention of this bylaw.
TOY 20 - Dog Bylaw
12.0
Penalties
12.1
Any person who contravenes any provision of this Bylaw is guilty of an offence punishable on
summary conviction and is liable to a penalty as set out in Schedule B.
12.2
A Provincial Court Judge, in addition to the penalties provided in this Bylaw, may, if he or she
considers the offence sufficiently serious, direct or order the owner of a dog to prevent such dog
from doing mischief or causing the disturbance or nuisance complained of, or have the animal
removed from the Town, or order the animal destroyed.
12.3
Where any person contravenes the same provision of this Bylaw twice within one twelve-month
period, the specified penalty payable in respect of the second contravention is double the amount
specified in Schedule B of this Bylaw.
12.4
Where any person contravenes the same provision of this Bylaw three or more times within one
twelve-month period, the specified penalty payable in respect of the third or subsequent
contravention is triple the amount specified in Schedule B of this Bylaw.
12.5
Any person in default of payment may be imprisoned for a term not exceeding ninety (90) days.
12.6
In addition to the prosecution of any offence under this bylaw, the Town may elect to charge the
cost of the impounding or the destruction of a dog, or the cremation of the remains of the dog to
the owner's property and collect such charge as a first lien on the owner's property.
Clerk's Annotation for Official Bylaw Book
Date of Adoption: August 10th, 1995
Date of Approval of Amended Bylaw: August 19th, 2010 (Part 2)
Repealed and Replaced: November 10th, 2011
Date of Approval of Amended Bylaw: May 16th, 2013 (Section 2.0(h), 8.0(e)(f)(g), 9.2, 9.7(a)(b), 10.1,
12.6)
I certify that this 'Dog Bylaw' was adopted by Council as indicated above.
Town Clerk: Date:
TOY 20 - Dog Bylaw
Schedule A - License Registration & Impoundment Fees
REGISTRATION FEES
Registration Type
Cost
Dog registration (male or female)
$50
Dog registration for neutered male or spayed female
$25
Dog registration for neutered male/spayed female that is implanted with a microchip or
tattooed
$10
Fierce or dangerous dog registration
$250
Kennel registration
$100
IMPOUNDMENT FEES
First impoundment in any calendar year
Neutered male/spayed female dog
$25
Non-neutered/un-spayed dog
$50
Fierce or dangerous dog
$250
Second impoundment in any calendar year
Neutered male/spayed female dog
$100
Non-neutered/un-spayed dog
$250
Fierce or dangerous dog
$500
Third impoundment in any calendar year
Neutered male/spayed female dog
$200
Non-neutered/un-spayed dog
$500
Fierce or dangerous dog
$1000
TOY 20 - Dog Bylaw
Schedule B - Penalties
Penalties
Cost
Failure to remove the feces of a dog as required by this bylaw.
$100
Failure to have possession a suitable means of facilitating the removal of dog feces
when required by this bylaw.
$100
Whose dog persistently disturbs the quiet of the neighborhood by barking, howling, or
otherwise.
$100
Who permits their dog to enter or remain in or on a school ground, playground, sports
field, golf course, or any other area where dogs are prohibited by posted signs.
$100
Who keeps a dog in an unsanitary condition.
$100
Who neglects or refuses to provide a written statement required by this bylaw.
$100
Which runs at large
If Fierce or dangerous
$1000
If unlicensed
$150
If licensed
$100
Which is fierce or dangerous
$1000
Who fails to comply with the requirements for registering or keeping a fierce or
dangerous dog
$1000
The contravention of the same provision of this Bylaw twice within one twelve-month period shall
double the above.
The contravention of the same provision of this Bylaw three or more times within one twelve month
period shall triple the above.