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## VILLAGE OF ABBEY ABBEY, SK BYLAW NO. 2014-5
## A BYLAW TO PROVIDE FOR THE LICENSING, REGULATING, AND CONTROLLING OF CATS AND DOGS IN THE VILLAGE OF ABBEY
The Council for the Village of Abbey in the Province of Saskatchewan enacts as follows:
This Bylaw may be referred to as the Animal Control Bylaw.
## PART I - DEFINITIONS
In this Bylaw unless the context otherwise requires:
- b) "Animal Control Officer: means a Bylaw Enforcement Office, Peace
- a) "animal" means a dog, cat, or any other animal;
3. Officer, or a person appointed as a dog catcher for the Village of Abbey;
- d) "cat run" means a permanent structure outside of a residential dwelling unit, used for the containment of a cat;
- c) "cat" means either the male or female of the feline family
- e) "Village" means the municipal corporation of the Village of Abbey or the area contained within the boundary thereof as the context requires;
- g) "dog" means either male or female of the canine family;
8. f "Council" means the Council of the Village of Abbey;
- h) "dog run" means a permanent structure outside of a residential
- i) "Medical Health Officer" means a Medical Health Officer appointed under the Health Services Act or Public Health Act;
11. dwelling unit, used for the contained of a dog;
- j) "leash" means a chain or other material capable of restraining the dog on which it is being used;
- k) "owner" includes:
14. a person who keeps, possesses, harbors or has charge of or control over an animal;
15. ii) the person responsible for the custody of a minor where the minor is the owner of an animal; but does not include:
16. iii) a veterinarian registered pursuant to The Veterinarians Act, 1987 who is keeping or harboring an animal for the prevention, diagnosis or treatment of a disease or an injury to the animal;
17. iv) the Village of Abbey or the Saskatchewan Society for the Prevention of Cruelty to Animals in respect of an animal shelter or Impoundment facility operated by it;
- 1) "person' shall include an individual, partnership, association or corporation;
- m) "pound" means such premises and facilities as may be designated by the Village, from time to time, as the Village pound;
- o) "Administrator" shall mean the Senior Administrative Officer of the Village of Abbey appointed pursuant to the Municipalities Act or his or her
- n) "Poundkeeper" means a person, persons, or association designated by the Village from time to time to maintain and administer the pound;
- p) "vicious dog" means a dog, the owner of which has:
23. paid a Bylaw Violation Tag, or
24. been convicted in provincial court under subsections (a), (b), or (c) of Sec 5(1) of this bylaw.
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- 4) When applying for a license under this section, the applicant shall provide the Village License Inspector or Administrator with a description of the cat including a photo, the name and address of the owner of the cat, the name of the cat, the age of the cat, whether the cat is spayed or neutered and any other relevant information which may be required by the Village.
- 5) No person shall give false information when applying for a cat license.
- 6) When issuing a license for a cat, the Village shall supply the applicant with a tag, the form of and lettering or numerals inscribed or imprinted thereon shall be as determined by the Village.
- 7) Where a cat license is lost of stolen, a license issuer may issue a replacement tag upon being satisfied of the loss or theft and upon payment of the sum of ten dollars ($10.00) for each replacement tag so issued.
- 10) The owner of a cat shall ensure that the cat wears the current license tag when off the owner's property.
- 12) The provisions of this section shall not apply to cats kept in the ordinary course of business by the proprietors of the following premises, namely:
- 11) Every owner of a cat within the Village shall, on demand of an Animal Control Officer show his license, receipt or other evidence that he has paid the license fee for the cat for the current year.
- a) a veterinary hospital, clinic, grooming parlor
- b) a public pound
- c) a shop whose business includes the sale of pets and is licensed as such
- d) a shelter operated by an association or society incorporated for the purpose of the protection and humane treatment of animals.
- 14) No person shall be entitled to a license rebate under this bylaw.
- 15) Where a license required pursuant to this section has been paid for by the tender of an uncertified cheque, the license is automatically revoked if the cheque is not accepted and cashed by the bank on which it is issued.
## PART VI - CATS
## Impoundment of Cats
20.
- Where an Animal Control Officer receives a complaint of a nuisance caused by a cat, the Animal Control Officer may:
- In this section "nuisance" includes fighting with other cats, defecating or spraying on public or private property without the permission of the owner or occupant of the property, howling or hissing at night, digging in flower beds or waste receptacles and trespassing on private property.
- seize and impound any cat found causing a nuisance;
- issue a trap to the complainant upon execution by the complainant of an agreement as set out in Schedule "E" to
- Where a trap is issued pursuant to clause (2)(b) of section 20, the complainant shall:
- abide by the terms of the Cat Trap Permit agreement;
- in the event a cat is trapped, immediately contact the Village Poundkeeper.
- personally check the trap each hour while the trap is set;
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- Where any person contravenes the same provision of this bylaw two or more times within one twelve month period, the specified penalty payable in respect of the second or subsequent contravention is double the amount shown in Schedule "G" of this bylaw in respect of that provision.
- Notwithstanding the provisions of this section, a person whom a tag has been issued pursuant to this section may exercise his right to defend any charge of committing a contravention of any of the provisions of this bylaw.
## Summary Conviction
32.
- 2) The levying and payment of any fine shall not relieve a person from the necessity of paying any fees, charges or costs for which he is liable under the provisions of this bylaw.
- 1) Any person who contravenes any provision of this bylaw is guilty of an offence and is liable on summary conviction to a fine or not more than TWO THOUSAND DOLLARS ($2,000.00).
- 3) A Provincial Court Judge, in addition to the penalties provided in this section, may if he/she considers the offence sufficiently serious direct or order the owner of the dog to stop the animal from doing mischief or causing the disturbance or nuisance complained of, or to have the animal removed for the Village, or have the animal destroyed.
33.
- If any section, subsection, sentence, clause or phrase or other portion of this bylaw is for any reason held invalid or unconstitutional by a Court of competent jurisdiction, that portion shall be deemed a separate, distinct and independent provision and the holding of the Court shall not affect the validity of the remaining portions of the bylaw.
## Repeal of Former Bylaws
34. Bylaw No. 08-3 will be repealed when Bylaw 2014-5 becomes effective on January 1, 2015.
35. This Bylaw shall come into force and have effect from January 1, 2015.
Read a third time and adopted this 1* Day of May, 2014 A.D.
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Section 8(1)(k) The Municipalities Act
Certified a true copy of Bylaw
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2014-5
as adoptee by reselution of Council
Bylaw 2014-5 Cats and Dogs Page 9 of 17
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## SCHEDULE "A"
## FORMING PART OF BYLAW NO. 2014-5
## CHARGES FOR THE LICENSING OF CATS AND DOGS
| ANNUAL LICENSE FEE FOR DOGS (All Dogs 3 Months or Older) | ANNUAL LICENSE FEE FOR DOGS (All Dogs 3 Months or Older) |
|------------------------------------------------------------|------------------------------------------------------------|
| Male or Female | $25.00 |
| Discounts: Spayed or Neutered (Deduct from above fee) | ($5.00) |
| "Seeing Eye" or Guide Dog | No Fee |
| Vicious Dog | $100.00 |
| Replacement License Tag | $10.00 |
| ANNUAL FEE FOR CATS (All Cats 3 Months or Older) | |
|-------------------------------------------------------|---------|
| Male or Female | $25.00 |
| Discounts: Spayed or Neutered (Deduct from above fee) | ($5.00) |
| Replace License Tag | $10.00 |
## SCHEDULE "B"
## FORMING PART OF BYLAW 2014-5
## IMPOUNDMENT NOTICE
Date:
Name:
Address:
You are herby notified than an animal bearing License No. for the year \_registered under the above name and address was impounded on , 20 pursuant to the provisions of Bylaw No. 2008-3 of the Village of Abbey and that, unless the said animal is claimed and all impoundment charges are paid, on or before the said animal may be destroyed pursuant to the said Bylaw.
Administrator or Poundkeeper
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## SCHEDULE "D"
## FORMING PART OF BYLAW NO. 2014-5
## DECLARATION TO HAVE DOG LICENSED AND VACCINATED
hereby declare that the dog which is released to me by the Pound on this date, will be vaccinated for rabies as required by the Village of Abbey bylaw within 30 days.
I acknowledge that failure to comply with this declaration may result in prosecution under Section 16(2) of the Cats and Dogs Bylaw.
Dog Owner
Description
Witness
Date
## SCHEDULE "E"
## FORMING PART OF BYLAW NO. 2014-5
## CAT TRAP PERMIT
Date:
Trap No.
The undersigned agrees to the following terms and conditions:
- 1) to place the cat trap only on his or her property which is within the Village of
- 2) to personally check the cat trap each hour while the trap is set;
- 3) in the event a cat is trapped, to immediately contact the Poundkeeper. In the event that the Poundkeeper cannot be reached, the cat may be held until the Poundkeeper is reached but in no event for longer than twenty-four (24) hours. Where a cat is held, the undersigned is responsible for the humane treatment and shelter of a cat including feeding and watering. A captured cat should be left in the trap and placed in a shed, garage, basement or other place that is warm, dry and secure with a blanket placed over the trap to pacify the animal. Do not attempt to remove an unfamiliar cat from the trap. This will be done by an Animal control Officer. If the undersigned cannot comply with this condition, the trapped cat must be freed unharmed
- 4) to ensure that no harm comes to any trapped cat which is in their possession including exposure to inclement weather;
- 5) cat traps are not to be used when the temperature falls below -10 degrees Celsius or rises above +30 degrees Celsius.
- 6) any Animal Control Officer may enter the property of the undersigned to ensure the trap is being used properly.
- to advise the Poundkeeper of the ownership of any cat trapped, if known
- to be responsible for the trap, including the cost or repair or replacement if damaged, lost or stolen.
- 9) Traps must not be set on statutory holidays.
- 10) The trap is to be returned to the Village of Abbey seven (7) days after issuance.
## **IT IS A SERIOUS OFFENCE TO HARM ANY DOMESTIC ANIMAL
Address of intended location of trap:
Deposit:
I understand and accept all liability which may arise in connection with the use of this cat trap while it is in my possession and will save and indemnify the Village of Abbey for all such liability.
Signature:
Name of complainant:
Address of complainant:
## TRAP RETURNED:
Date:
Received by:
Deposit Returned:
(signature of complainant or agent)
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## SCHEDULE "G"
## FORMING PART OF BYLAW NO 2014-5
## AMOUNTS WHICH WILL BE ACCEPTED BY VILLAGE IN LIEU OF PROSECUTION
OFFENCE UNDER
| | | | OFFENCE | AMOUNT |
|------------|------|------|--------------------------------------------------------------------------|----------|
| Section 3 | (2) | | Unlicensed Dog | $20.00 |
| | (4) | | Unlicensed Kennel | $50.00 |
| | (8) | | False Information | $20.00 |
| | (10) | | Dog Not wearing License | $15.00 |
| Section 4 | (1) | | Dog at Large | $25.00 |
| Section 5 | (1) | (a) | Biting a person | $50.00 |
| | | (b) | Injure a person | $50.00 |
| | | (C) | Chase a person | $25.00 |
| | | (e) | Barking, howling or disturbing | $25.00 |
| | | (f) | Cause damage to property | $25.00 |
| | | (g) | Upset waste receptacle | $10.00 |
| | | (h) | Dog unattended in motor vehicle | $15.00 |
| | (2) | | Fail to keep female dog in heat, housed | $115.00 |
| | (3) | | Defecation - property other than owner | $20.00 |
| Section 6 | (a) | | Vicious dog biting a person | $100.00 |
| | (b) | (i) | Vicious dog not fenced | $50.00 |
| | | (ii) | Vicious dog in dwelling not under control by person over 16 years of age | $50.00 |
| | (c) | (i) | Vicious dog not muzzled | $50.00 |
| | | (il) | Vicious dog not harnessed | $50.00 |
| Section 18 | (3) | | Fail to vaccinate dog pursuant to Section 18(2) | $20.00 |
| Section 24 | | | Obstruction | $50.00 |
| Section 25 | (a) | | Untie or free an animal | $35.00 |
| | (b) | | Willfully open gate or door | $35.00 |
| | (C) | | Tease, throw things at dog | $15.00 |
DAY
MO.
YR.
:
A.M.
P.M.
THIS TAG ISSUED FOR BREACH OF SECTION:
SPECIFIED PENALTY
OFFENCE:
LOCATION:
NAME: \_
ADDRESS:
PARTICULARS:
OFFICER:\_
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