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