Animal Control By-Law No. 1957/ADMIN/05 (Consolidated with Schedules)

Hay River, Northwest Territories

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BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 1 of 25 A Bylaw of the Municipal Corporation of the Town of Hay River in the Northwest Territories respecting domestic and feral animals and activities in relation to them pursuant to Section 70.(1)(i) pursuant to the Cities, Towns and Villages Act, S.N.W.T. 2003, c.22, in force April 1, 2004. WHEREAS the Council of the Town of Hay River deems it necessary to establish regulations respecting domestic and feral animals and activities in relation to them. NOW THEREFORE be it resolved that the Council of the Town of Hay River, in session duly assembled, enacts as follows: SHORT TITLE 1. This Bylaw may be cited as "Animal Control By-Law". DEFINITIONS 2. In this Bylaw; a. "Animal" means traditionally domesticated animal including, but not limited to, cats, dogs, horses, sheep and swine. b. "Animal Control Officer" means an employee of the Town of Hay River. c. "Attack" means to set upon with force, and also means to seek to hurt or defeat. d. "Dangerous Dog" means any individual dog that: i. Has bitten, injured, or attacked a human being, without provocation, on public or private property; ii. Has bitten, injured, attacked or killed a domestic animal, without provocation, on public or private property; iii. Is kept for the purpose of providing security or protection to persons or property; iv. Has shown the disposition or tendency to be threatening or aggressive. BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 2 of 25 e. "Dog" means a male or female domesticated dog and an animal that is a crossbred between a wolf and a dog. f. "Dog Team" means three (3) or more dogs trained to be harnessed together and used for recreational or commercial purposes or in the maintenance of a subsistence lifestyle. g. "Domesticated" means an animal that is tame in nature and that is traditionally kept alive by or living with humans. h. "Kennel" means an establishment for the breeding, boarding, raising, training and/or grooming of dogs. i. "Kennel Operator" means a person who owns or operates a kennel. j. "Livestock" means an animal that is traditionally used or raised on a farm for the production of food including, but not limited to, cattle, horses, sheep and swine. k. "Medical Health Officer" means the person appointed by the Commissioner in Executive Council to act as a Health Officer. l. "Neutered" means sexually sterile regardless of sex and includes a dog that has been certified by a veterinarian as too old, or physically unable to be neutered. m. "Nuisance Animal" is defined by way of example but not of limitation as: i. An animal which causes damage to the property of anyone other than its owner, including but not limited to; getting into or turning over garbage containers, damaging gardens, flowers and vegetables, or defecating on the property of others or on any public property except in accordance with section 29 of this By-Law. ii. An animal which is maintained in an unsanitary environment which results in offensive odors or danger to the animal or to the public health, safety or welfare or an animal not maintained in a condition of good order and cleanliness, thereby increasing the probability of the transmission of disease. iii. An animal kept on an owner's property that is maintained in a manner that is offensive, annoying or dangerous to the public health, safety or welfare of the community because of the number, type, variety, density or location of animals on the property. BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 3 of 25 iv. An animal which is permitted or allowed to bark, whine, howl, crow, cackle or otherwise or cause noise in an excessive or untimely fashion so as to interfere with the reasonable use and enjoyment of neighboring properties. v. An animal that is maintained without adequate medical treatment and that is diseased or dangerous to the public health. vi. An animal that chases, snaps at, or attacks, pedestrians, joggers, bicycles, or other vehicles, or animals being walked on a leash. n. "Owner" means any person, partnership, association or corporation that owns, possesses or has control, care and custody over an animal. o. "Poultry" means any bird normally raised for food or egg production and, without limiting the generality of the foregoing, includes chickens, ducks, geese, turkeys, domestically reared grouse, partridge, pheasant or quail. p. "Property" means land and improvements uniquely identified on the Municipal Assessment Roll of the Town. q. Provide" means to fit out or furnish with what is needed; to make provision for a present need, and make adequate preparation for a future need. r. "Residence" means a person's dwelling place or place of habitation and includes, but not limited to an apartment, duplex, or suite in a house. s. "Running at Large" means a situation where an animal is not on the property of the owner and not on a leash under the control of a responsible person. t. "Secure Enclosure" means an enclosed structure, building, cage or fenced area of such construction that will not allow an animal to jump, climb, dig or force its way out, or to allow the entry or access of unauthorized person, and that has four walls, a roof and a floor. u. "Trap" means any device for the capture of live animals. v. "Veterinarian" means a person who holds a current license to practice veterinary medicine in a province or territory. w. "Wild Animal" means an animal belonging to a species indigenous to the NWT and not normally domesticated or tame in nature. BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 4 of 25 PROVISON OF NEEDS 3. Every person who keeps an animal within the municipality shall provide the animal or cause it to be provided with: a. Clean, fresh drinking water available at all times, and suitable food of sufficient quantity and quality to allow for normal, healthy growth and the maintenance of normal, healthy body weight; b. Food and water receptacles kept sanitary and located so as to avoid contamination by excreta; c. The opportunity for periodic exercise sufficient to maintain good health, including the opportunity to be unfettered from a fixed area and exercised regularly under appropriate control; and d. Necessary veterinary medical care when the animal exhibits signs of pain, illness or suffering. 4. Every person who keeps an animal which normally resides outside, or which is kept outside unsupervised for extended periods of time, shall ensure the animal is provided with: a. A total area that is at least twice the length of the animal in all directions; b. A house or shelter that has sufficient space to allow the animal the ability to turn around freely and lie in a normal position, and that will provide protection from the heat, cold and wet appropriate to the animal's weight and type of coat. 5. Every person who keeps an animal which normally resides outside, or which is kept outside unsupervised for extended periods of time, shall regularly, and not less that once weekly, clean and sanitize the area and remove all excreta from the pen or run area where the animal normally resides or is kept outside unsupervised for extended periods of time. 6. No person shall cause an animal to be hitched, tied or fastened while unattended by the owner to a fixed object where a choke collar, choke chain or pinch collar forms part of the securing apparatus, or where a rope or cord is tied directly around an animal's neck. 7. No person shall cause an animal to be confined in an enclosed space, including a motor vehicle, without adequate ventilation. BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 5 of 25 8. No person shall transport an animal outside the passenger compartment of any motor vehicle or trailer unless the animal is adequately confined or unless it is secured in a body harness or other manner of fastening which is adequate to prevent the animal from falling off the vehicle or otherwise injuring itself. a. In any prosecution or proceeding under this section, the registered owner or operator, as applicable, of the motor vehicle or trailer shall be deemed to be the owner of the animal, unless he proves to the satisfaction of the Judge that at the time of the offence the motor vehicle was not being used to transport the animal by him and that the motor vehicle was not being used by any other person with this consent, express or implied. 9. No person shall cause an animal to be muzzled unless it is in the immediate care and control of the owner. UNSANITARY CONDITIONS PROHIBITED 10. No person shall keep an animal in an unsanitary condition within the municipality. Conditions shall be considered unsanitary where the keeping of the animal results in an accumulation of faecal matter, an odor, insect infestation or rodent attractants which endanger the health of the animal or other person, or which disturb or are likely to disturb the enjoyment, comfort or convenience of any person in or about any dwelling, office, hospital or commercial establishment. DOG LICENSES 11. No person shall own, possess or harbor a dog over the age of six months unless such dog is licensed pursuant to the provisions of this bylaw except in the following circumstances: a. A service dog employed by the Royal Canadian Mounted Police. 12. The owner of an un-neutered dog shall annually apply to the Town for a dog license tag by completing an application for dog licence as set out in Schedule "B" and fees shall be charged and collected in accordance with the Fees and Charges Bylaw No. 2431, as amended or replaced from time to time." 13. Where during the current license year the owner of a dog produces a veterinary certificate certifying that such dog has been neutered, the owner shall be entitled to, without fee or refund of fee a lifetime dog license tag. BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 6 of 25 14. The owner of a neutered dog shall apply to the Town for a lifetime dog licence tag by completing an application for dog licence as set out in Schedule "B" at no charge. 15. No person shall use a dog license tag on a dog to which it is not registered. 16. Every dog owner shall provide to the Town the following information with each application for a dog license tag: a. Name, street address, telephone number and postal address of the owner; b. Name and description of the dog to be licensed; and c. Such other information as may be required by the Town. 17. Refusal to provide such information pursuant to section 16 shall result in a license not being issued. 18. A dog shall not be licensed as a neutered dog unless the applicant provides a veterinary certificate certifying that such dog is neutered. 19. Every person who becomes the owner of a dog which is not currently licensed in accordance with this bylaw shall, immediately upon becoming the owner of the dog, apply to the Town for a dog license tag, pay the license fee prescribed and provide the Town the information required. 20. Every person who becomes the new owner of a dog that is currently licensed in accordance with the provisions of this bylaw shall, within fifteen (15) days after becoming the owner of the said dog, notify the Town of the new owner's name, street address, telephone number and postal address, and the license tag number of the dog. 21. Licenses issued under this bylaw shall not be transferable from one dog to another, and no refund shall be made on any license fee because of the death or disposal of the dog, or upon the owner leaving Town before the expiration of the license period. 22. Upon payment of the prescribed fee and provision of the information required, the Town will issue the owner a dog license tag for: a. Un-neutered dogs with the year of issue and a number stamped thereon. b. Neutered dogs with a number stamped thereon. BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 7 of 25 23. The owner of a dog licensed under this by-law may obtain a licence tag to replace a tag that has been lost upon payment of a fee in accordance with the Fees and Charges Bylaw No. 2431, as amended or replaced from time to time." 24. Every dog owner shall keep the dog license tag issued, or a replacement dog license tag if applicable, securely fastened to a collar or harness worn by the dog at all times. 25. The provisions of the Dog Licenses section of this bylaw shall not apply to owners temporarily in Town for a period not exceeding two (2) weeks. 26. In any prosecution or proceedings for a contravention of the Dog Licenses requirements of this bylaw, the burden of proof that an owner is not a resident and is temporarily in Town for a period not exceeding two (2) weeks shall rest upon the owner. KEEPING OF DOGS 27. No person or persons shall keep more than two (2) dogs on any property or within a household except for pups under three (3) months of age unless they have: a. Received written permission from Council; or b. Possess a valid kennel licence issued pursuant to the Business Licence By-law. 28. A person or persons seeking the written permission of Council to keep more than two (2) dogs on any property or within a household and does not possess a valid kennel licence referred to in Section 27.b. shall make an application in writing providing details of how the dogs will be kept and obtain the written consent of all adjacent property owners. KENNELS 29. Every person who owns or operates a kennel shall obtain a licence to operate such kennel pursuant to the provisions of the Business Licence By- law. 30. No person shall own or operate a kennel within the municipality unless the kennel is registered by completing an application as set out in Schedule "D". BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 8 of 25 31. Every person who owns or operates a kennel shall comply with the requirements set out in Schedule "C" A Code of Practice for Canadian Kennel Operations of the Canadian Veterinary Medical Association, September 1994. 32. Any person who owns or operates a kennel prior to this by-law receiving third and final reading shall have one year to comply with the requirements set out in this by-law. 33. Every person who owns or operates a kennel shall comply with all applicable by-laws of the municipality. 34. Where an owner or operator of a kennel fails to comply with a bylaw of the municipality the licence shall be revoked. 35. Every person who owns or operates a kennel shall permit an Animal Control Officer to enter and inspect the kennel at all reasonable times for the purpose of determining compliance with this by-law. 36. Where an Animal Control Officer finds that the owner or operator of a kennel does not comply with any requirement of this by-law the Animal Control Officer may direct that the animals be seized and impounded and that all costs associated with the seizing and impounding will be the responsibility of the owner or operator of the kennel. DOG TEAMS 37. No person shall be permitted to keep a dog team on a permanent or temporary basis anywhere in the municipality except in areas approved by the Council of the Town of Hay River. 38. No person shall own or operate a dog team within the municipality unless the dog team is registered by completing an application as set out in Schedule "F". 39. Every person who owns or operates a dog team shall comply with the requirements set out in Schedule "E" Basic Standards of Sled Dog Care. 40. Every person who owns or operates a dog team prior to this by-law receiving third and final reading shall have one year to comply with the requirements set out in this by-law. BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 9 of 25 41. Every person who owns or operates a dog team shall permit an Animal Control Officer to enter and inspect the dog team at all reasonable times for the purpose of determining compliance with this bylaw. 42. Where an Animal Control Officer finds that the owner or operator of a dog team does not comply with any requirement of this by-law the Animal Control Officer may direct that the animals be seized and impounded and that all costs associated with the seizing and impounding will be the responsibility of the owner or operator of the dog team. GENERAL PROVISONS 43. The granting of any license or permit under this bylaw shall not relieve any person to whom such license or permit is issued from compliance with any other bylaw of the Town. 44. Except in a designated off-leash area, no owner of a dog shall permit such dog to run at large, and where such an animal is found running at large, it shall be deemed to be doing so with the consent of the owner. 45. The Animal Control Officer may designate off-leash areas where dogs, except dogs deemed dangerous or dogs being investigated as dangerous, are permitted to run at large, and may designate areas where organized and controlled canine events may be held, by causing signs to be posted identifying such areas. 46. The owner of a dog lawfully running at large under this bylaw shall at all times: a. Keep the dog under control by verbal command; b. Carry a leash not exceeding two (2) meters in length; c. Clean up after the dog; and d. Ensure that the dog does not cause injury or damage to any person, other animal, or to any property. 47. No owner of an animal shall permit such an animal to be upon public property within the municipal boundaries of the Town unless such animal is on a leash that is held at all times by a person exercising control over the animal. BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 10 of 25 48. Notwithstanding any provision of this bylaw to the contrary, the Animal Control Officer may designate park facilities or other areas, where dogs are prohibited by causing signs to be posted in such areas, in which case all dogs except special needs dogs, shall be prohibited. 49. Unless otherwise posted, where a pathway or sidewalk passes through an area prohibited to dogs, dogs on a leash are permitted in such areas provided they remain on the defined pathway or sidewalk and are not running at large. 50. Where a special event is organized to take place in a prohibited area, an application to vary these provisions may be made to the Senior Administrative Officer and written authorization maybe given to vary enforcement of this bylaw. Such authorization may include conditions related to cleaning up and disposing of any defecation. 51. Where a special event is organized to take place, an application to vary any of the provisions of the Animal Control Bylaw may be made to the Senior Administrative Officer and written authorization maybe given to vary any of the provisions of the bylaw. Such authorization may include conditions as deemed necessary by the Senior Administrative Officer. 52. No owner of an animal shall allow such animal to become a nuisance animal. 53. No owner of an animal shall allow the animal to defecate on public land within the Town, or on private property other than the owner's. It is not a violation of this section where the owner of an offending animal immediately cleans up and properly disposes of the defecation. 54. Where a special event is organized to take place in the Town involving animals, the Senior Administrative Officer may give written authorization to an applicant to vary the enforcement of section 51 of this bylaw, and may apply conditions to the authorization for the purpose of ensuring that all defecation from the animals involved is cleaned up and properly disposed of in a timely fashion. 55. Failure by a person to comply with the conditions set out in writing by the Senior Administrative Officer pursuant to section 54 of this bylaw is an offence. 56. No owner of an animal shall allow such animal to damage public or private property and where an animal damages to private or public property it shall be deemed to have been done so with the owner's consent. BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 11 of 25 57. No person shall interfere with or attempt to obstruct an Animal Control Officer who is attempting to seize or who had seized any animal in accordance with the provisions of this bylaw. IMPOUNDMENT 58. An Animal Control Officer may seize any animal that is found running at large and may impound such animal in the Town Animal Pound. If the facilities available at the Town Animal Pound are unsuitable for such animal, the animal may be impounded in such other facilities as in the opinion of the Animal Control Officer are reasonable. 59. Where an animal wearing a current Town dog license tag is impounded, the Animal Control Officer shall notify the owner of the impoundment where reasonably possible, and shall further inform the owner of the conditions under which custody of the animal may be regained. 60. Where any licensed dog is impounded under the provisions of this bylaw, such dog may be recovered by the owner within seventy-two (72) hours of being impounded on payment of the fees prescribed in the Fees and Charges Bylaw for the impoundment and for feed and care for each day or portion thereof that the animal was impounded. a. If the dog is seized after 6:00 pm on the last working day of the week, the fees shall not be charged over the course of the weekend. b. If the Animal Control Officer impounds any licensed dog, an attempt shall be made to physically return the dog to the owner during the same day. If the animal is brought to the Town Animal Pound, and the owner retrieves the animal before the completion of the hours of operations for the day, except in the case where the owner has had an animal impounded within the previous twelve month period, the owner will not be charged under the bylaw and will not be required to pay any fees. 61. Where any dog not wearing a current Town dog license tag, including any dog exempt from licensing, is impounded under the provisions of this bylaw, such dog may be recovered by the owner within forty-eight (48) hours after being impounded on payment of the fee prescribed in the Fees and Charges Bylaw No. 2431, as amended from time to time, for the impoundment and for feed and care for each day that the dog was impounded." 62. For the purpose of the impoundment provisions of this bylaw: BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 12 of 25 a. Where more than one dog owned by an owner is impounded at the same time or at different times, each impoundment shall be considered to be separate and consecutive; and b. There shall be deemed to be a previous impoundment of the dog if the dog, or any dog owned by the owner, has been impounded in the previous twelve (12) months. 63. Where an impounded dog has not been recovered by the owner in accordance with the provisions of this bylaw it may be destroyed or may be adopted to a person other than the owner, in which case the price shall be the amount of the impoundment fee plus the fee for care and feeding. 64. Where the ownership of an animal is known and the owner refuses to recover the animal or pay all of the associated impoundment fees, that person is guilty of an offence. 65. Where the ownership of an impounded animal other than a dog can be determined by an Animal Control Officer, the Animal Control Officer shall notify the owner of the impoundment where reasonably possible, and shall further inform the owner of the conditions under which custody of the animal may be regained. 66. If the owner of any impounded animal other than a dog cannot be found, or if the owner of such animal does not recover the animal within the prescribed recovery period and pay the prescribed fees and charges, then the Town may transfer ownership of the animal at public auction or otherwise, or may destroy the animal. DANGEROUS DOGS 67. Where an Animal Control Officer has reasonable grounds to believe a dog is a dangerous dog, the Animal Control Officer shall provide a written report to the Senior Administrative Officer requesting that the dog be declared a dangerous dog. 68. Upon receipt of a written report as set out in the section immediately above, the Senior Administrative Officer shall give written notice to the owner of the dog at least ten (10) days in advance of a decision on whether or not to declare the dog dangerous by serving a notice upon the owner or by mailing same by certified mail to the last known address of the owner. The notice shall include: a. The original written report by the Animal Control Officer. BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 13 of 25 b. A copy of the dangerous dog provisions contained in the bylaw. c. A statement that if the dog owner does not, within ten days of the receipt of the notice, provide written reasons as to why the declaration should not be made, a determination on whether or not to deem the dog dangerous will be made without further notice. 70. Where a decision is made to declare a dog dangerous under the provisions of this bylaw, the Senior Administrative Officer shall notify the dog owner within thirty (30) days of the decision by serving a notice upon the owner of the decision or by mailing same registered mail to the last known address of the owner. 71. An Animal Control Officer shall have the authority to make whatever inquiry is deemed necessary to ensure compliance with the dangerous dog provisions of this bylaw. 72. The Town may not offer for adoption any dog that has been designated as a dangerous dog under this bylaw. 73. No owner of a dog shall permit such dog to bite a person, and where such dog has bitten any person it shall be deemed to have done so with the consent of its owner. 74. No owner of a dog shall permit the dog to bite any other dog that is on a leash, and where a dog has bitten a leashed animal it shall be deemed to have done so with the consent of its owner. 75. No owner of any dog shall permit such dog to bite, attack or harass any other tethered animal or any animal which is on its respective private property, and where such dog has bitten, attacked or harassed any animal it shall be deemed to have done so with the consent of its owner. 76. Upon conviction of an offense contrary to section 73, 74 or 75 of this bylaw, the dog set out in the complaint shall automatically be deemed a dangerous dog, and said conviction shall serve as the notice required pursuant to section 67 herein. BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 14 of 25 77. Every owner of a dangerous dog shall, within fifteen (15) days of being deemed a dangerous dog, cause the dog to be tattooed upon the ear or flank by a licenses veterinarian with a combination of letter and numbers prescribed by the Senior Administrative Officer. Documented proof of such tattooing, duly certified by the licensed veterinarian, and describing the breed of dog, its owner, and the combination of letters and numbers aforementioned, shall be submitted to the Senior Administrative Officer within ten (10) days following the tattooing. 78. Upon demand being made by an Animal Control Officer, an owner who fails to surrender a dog commits an offence. 79. Upon application being made by an owner for the return of an impounded animal, the owner shall cause why the impoundment of the animal is not necessary in the public interest. 80. Where an animal has been released from impoundment and the owner breached any condition of the release, the owner will be deemed to have committed an offence. 81. Where an animal is impounded, the owner shall bear all costs related to the impoundment, and the failure by the owner to bear these costs shall result in disposal of the animal in accordance with the provisions of this bylaw, and the owner shall be deemed to have committed an offence. RABIES CONTROL 82. Any unvaccinated animal that bites a person or other domesticated animal shall be dealt with and placed under quarantine as required in Schedule "G" Guidelines for Animal Contact or Bite Incidences as required by the Medical Health Officer. 83. An animal shall be deemed to be unvaccinated unless the owner provides a certificate acceptable to the Town and the Medical Health Officer certifying that the animal has received a vaccination that currently protects the animal from contracting rabies. Such animal shall not be released without the written approval of the Medical Health Officer. 84. The owner of an unvaccinated animal that bites a person or other domesticated animal and is quarantined pursuant to this bylaw shall be required to pay all fees and fines before the animal is released. Before such release the animal shall be vaccinated at the owner's expense. BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 15 of 25 CRUELTY TO ANIMALS 85. With the exception of the destruction of an animal pursuant to this bylaw by an Animal Control Officer, or by a licensed veterinarian, no person shall kill, maim, wound, poison, or injure an animal. 86. The butchering of animals defined as livestock and poultry under this bylaw is permitted by the owner or a person authorized by the owner. 87. No person shall place poison in such a position that it may easily be consumed by animals. 88. Everyone commits an offence who: a. Wilfully causes or, being the owner, permits another to cause unnecessary pain, suffering or injury to a wild or domestic animal, or b. Abandons a domestic animal in distress or wilfully neglects or fails to provide suitable and adequate food, water, shelter and care for any domestic animal. INTERESTS OF PUBLIC SAFETY 89. Notwithstanding any other provision of this bylaw, where an Animal Control Officer considers it to be in the interest of public safety to do so, he may, with the consent of the owner if the animal is on the owner's property, or without consent if the animal is running at large, forthwith destroy any animal that is in contravention of this bylaw, whether or not such animal is deemed to have an aggressive or vicious temperament. 90. An Animal Control Officer may enter upon any land for the purpose of securing or seizing any animal to prevent the continuation of an offence or determine ownership ENFORCEMENT 91. The Animal Control Officer of the Town shall enforce the provisions of this bylaw. GENERAL INTERPRETATION BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 16 of 25 92. The invalidity of any section, sentence, or provision of this bylaw shall not affect the validity of any part of this bylaw that can be given effect without such invalid part or parts. REPEAL OF PREVIOUS LEGISLATION 93. By-Law Nos. 1488 and 1554, including all amendments thereto, are hereby repealed. EFFECT 94. This By-Law comes into effect, upon its third and final reading. TABLE OF CONTENTS 95. Schedule "H" Table of Contents. READ A FIRST TIME this 27th day of June, 2005. Mayor Senior Administrative Officer READ A SECOND TIME this 24th day of January, 2006. Mayor Senior Administrative Officer BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 17 of 25 READ A THIRD AND FINAL TIME this 13th day of February, 2006. Mayor Senior Administrative Officer BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 18 of 25 SCHEDULE "A" VOLUNTARY FINES Penalty Ticket Description of Offence 1st 2nd 3rd Offence Offence Offence Failure to have fresh drinking water/suitable food 75.00 112.50 150.00 Clean food/water receptacles violation 75.00 112.50 150.00 Fail to exercise animal 75.00 112.50 150.00 Fail to have necessary Veterinary Medical Care 200.00 300.00 400.00 Insufficient area for animal 100.00 150.00 200.00 Fail to provide adequate outdoor shelter 100.00 150.00 200.00 Keeping of more than 2 dogs without permission 75.00 112.50 150.00 Unsanitary outside area, pen or run 100.00 150.00 200.00 Secure unattended animal violations 100.00 150.00 200.00 Inadequate ventilation for confined animal 200.00 300.00 400.00 Transport unsecured animal 100.00 150.00 200.00 Muzzled animal left unattended 75.00 112.50 150.00 Animal left in unsanitary condition 250.00 375.00 500.00 Unlicensed dog 100.00 150.00 200.00 Misuse of dog license tag 150.00 225.00 300.00 No tags on dog 50.00 75.00 100.00 Dog at large 75.00 112.50 150.00 Deemed dangerous in off-leash area 150.00 225.00 300.00 Fail to keep dog under control 75.00 112.50 150.00 Unleashed animal 75.00 112.50 150.00 Allow dog in posted area 75.00 112.50 150.00 Nuisance animal 150.00 225.00 300.00 Animal defecation-public land or private property 100.00 150.00 200.00 Fail to have written authorization for special event 150.00 225.00 300.00 Fail to comply with conditions set out in writing 150.00 225.00 300.00 Damage by animal-public or private property 100.00 150.00 200.00 Interfere with Officer 500.00 750.00 1000.00 Destroy, damage, interfere with trap 200.00 300.00 400.00 Owner fails to recover animal/pay fees 200.00 300.00 400.00 Dog bite - person 200.00 300.00 400.00 Dog bite - animal 150.00 225.00 300.00 Dog bite - tethered/caged animal 200.00 300.00 400.00 Failure to tattoo dangerous dog 200.00 300.00 400.00 Kill, maim, wound, poison or injure animal 250.00 375.00 500.00 Placing of poison to be consumed by animals 250.00 375.00 500.00 Unnecessary pain, suffering or injury to an animal 250.00 375.00 500.00 BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 19 of 25 SCHEDULE "B" APPLICATION FOR DOG LICENCE Applicant Information Name Address Phone Number Applicant's Dog Name Breed/Type Color Age Sex Is the dog spayed or neutered? Yes No Certification of Applicant I, _____________________________ , hereby state that the above information is true to the best of my knowledge and I am familiar with the provisions of the Animal Control Bylaw and I agree to comply with the provisions of the bylaw. Dated at the Town of Hay River in the NWT this day of , 200 . ____________________________________ BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 20 of 25 SCHEDULE "C" A CODE OF PRACTICE FOR CANADIAN KENNEL OPERATIONS BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 21 of 25 SCHEDULE "D" REGISTRATION FOR DOG KENNEL Applicant Information Name Address Phone Number Location/Map Certification of Applicant I, _____________________________ , hereby state that the above information is true to the best of my knowledge and I am familiar with the provisions of the Animal Control Bylaw and the Code of Practice for Canadian Kennel Operations and I agree to comply with the provisions of the bylaw. Dated at the Town of Hay River in the NWT this day of , 200 . _______________________________________ BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 22 of 25 SCHEDULE "E" BASIC STANDARDS OF SLED DOG CARE Schedule "E" Basic Standards of Sled Dog Care The following are basic care standards that we believe are commonly accepted practices among responsible sled dog owners. This list is intended only as a ready reference, not as a replacement for the more complete discussion presented in the full Mush with PRIDE Sled Dog Care Guidelines. 1. Daily Food and Water. Under normal circumstances, all dogs should be adequately fed and watered at least once a day, although certain training and medical conditions may warrant the temporary withholding of food. 2. Adequate Shelter. All dogs should have adequate shelter from inclement weather. Usually this means a waterproof and windproof house or other shelter as well as shade, sunlight, and a well-drained, easily cleaned kennel surface. 3. Safe Confinement. Dogs should be securely confined and restricted in a safe manner. Chains and cables used to restrict dogs must be tangle-free and should include a swivel to prevent choking. 4. Responsible Breeding. Any kennel that includes an intact female dog should have a heat pen capable of confining the female and preventing breeding with loose males. 5. Exercise. Confinement pens, chains, or cables should be of an adequate size or length to allow each dog to exercise. 6. Fenced Yards. In places that young children might visit, dog yards should be surrounded by a fence of an adequate height and strength to contain loose dogs and keep children out of the yard. 7. Daily Scooping. Fecal matter should be cleaned up daily. 8. Veterinary Attention. Dogs should be dewormed and vaccinated on a regular basis and should receive a regular veterinary checkup. 9. Socialization. Dogs should be socialized at least to the point of accepting handling from strangers. Special training, secure confinement, and neutering should be considered with overly aggressive dogs. 10. Quality of Life. The above care standards provide a basic quality of life that all sled dogs deserve. If this care cannot be provided, then another home for the dog should be found. If a dog's quality of life cannot be maintained due to age, serious infirmity or injury, or other circumstances and another home is not appropriate or an option, the dog deserves to be humanely euthanized by a qualified individual. http://www.mushwithpride.org/BasicKennelStandards.htm BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 23 of 25 SCHEDULE "F" REGISTRATION FOR DOG TEAMS Applicant Information Name Address Phone Number Location/Map Certification of Applicant I, _____________________________ , hereby state that the above information is true to the best of my knowledge and I am familiar with the provisions of the Animal Control Bylaw and the Basic Standards of Sled Dog Care and I agree to comply with the provisions of the bylaw. Dated at the Town of Hay River in the NWT this day of , 200 . _______________________________________ BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 24 of 25 SCHEDULE "G" GUIDELINES FOR ANIMAL CONTACT OR BITE INCIDENCES BY-LAW NO. 1957/ADMIN/05 THE MUNICIPAL CORPORATION OF THE TOWN OF HAY RIVER IN THE NORTHWEST TERRITORIES Page 25 of 25 SCHEDULE "H" TABLE OF CONTENTS SHORT TITLE....................................................................................................... 1 DEFINITIONS ....................................................................................................... 1 PROVISON OF NEEDS ........................................................................................ 4 UNSANITARY CONDITIONS PROHIBITED ........................................................ 5 DOG LICENSES ................................................................................................... 5 KEEPING OF DOGS ............................................................................................ 7 KENNELS ............................................................................................................. 7 DOG TEAMS ........................................................................................................ 8 GENERAL PROVISONS ...................................................................................... 9 DANGEROUS DOGS ......................................................................................... 12 RABIES CONTROL ............................................................................................ 14 CRUELTY TO ANIMALS .................................................................................... 15 INTERESTS OF PUBLIC SAFETY ..................................................................... 15 ENFORCEMENT ................................................................................................ 15 GENERAL INTERPRETATION........................................................................... 15 REPEAL OF PREVIOUS LEGISLATION ............................................................ 16 EFFECT .............................................................................................................. 16 TABLE OF CONTENTS ...................................................................................... 16 SCHEDULE "A"................................................................................................... 18 SCHEDULE "B"................................................................................................... 19 SCHEDULE "C" .................................................................................................. 20 SCHEDULE "D" .................................................................................................. 21 SCHEDULE "E"................................................................................................... 22 SCHEDULE "F" ................................................................................................... 23 SCHEDULE "G" .................................................................................................. 24