Bylaw No. 377/2014 - Dog Control Bylaw — full text

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## BYLAW NO. 377/2014 ## A BYLAW OF THE TOWN OF BALGONIE TO PROVIDE FOR DOG CONTROL The Council of the Town of Balgonie in the Province of Saskatchewan enacts as follows: ## 1. In this Bylaw: "Act" means "The Municipalities Act". - "Administrator" means the Administrator of the municipality. - "Animal Protection Officer" means: a person employed by the Regina Humane Society Inc. as an animal protection officer, a Town bylaw enforcement officer; a member of the R.C.M.P. - "Animal Shelter" means the facility designated by Council as the facility where: surrendered, relinquished or abandoned animals; animals apprehended by Animal Protection Officers; and animals requiring impoundment may be taken and kenneled ## "At large" means being on: - b) public property accompanied but not under the complete control of person by means of a leash; or - a) public property unaccompanied by any person; - c) private property without the permission of the owner or occupant of the "Council" means the Council of the Town of Balgonie. - "Director" means the person who manages and supervises the Animal Protection Officers and the operation of the Animal Shelter on behalf of the organization appointed by Co acil to supervis series for the oration of the Animal Shelter and the provisions "Dog" means either a male or female over 3 months old. - "Dog run" means a structure designed and/or used for the keeping or containment of a dog. - "Leash" means a restraint used to control a dog which restraint does not exceed 1.2 Kilograin length and is constructed of a matcial having a tensile strength of at least 140 - "Municipality" means the municipal corporation of the Town of Balgonie and the area of land over which it has jurisdiction. - "Non-sterilized dog" means a dog which is capable of reproducing. - "Owner" means any person owning, possessing or keeping a dog. ## 2. Dangerous Dog: - 1) No person shall within the boundaries of the municipality own, possess or harbour a  - 2) If a complaint is made that a dog has bitten or attempted to bite a person and it appears to a judge or justice of the peace hearing the complaint that the dog is dangerous the judge r justice of the peace may make an order 2. I directing that the dog be destroyed or waning keeper destroy eding, o ## 3. Licensing: - 1) Every person within the municipality who owns, possesses, or harbours a dog over 3 - 1) annually obtain a dog licence from the Administrator, and pay the applicable fer ) caish the dog to Shad, ar And its neck, the license tag issued pursuant t 3. ) All licences issued under the provisions of this Bylaw - b) are non-transferable and non-refundable. 5. ) shall expire on December 315 next following the date of issue; an ## 4. General: - 1) No person residing within the municipality shall own, possess or harbour more than 2 dogs at one time. ## 5. At Large: - 1) An Owner shall not allow his or her dog to be at large. - 2) The Director shall receive and detain at the Animal Shelter any dog found at large. - 3) An Animal Protection Officer or any adult may restrain a dog found at large and convey the dog to the Director at the animal shelter. - 4) The person delivering a dog pursuant to subsection (1), shall provide the director with the name of the owner of the dog, if known, and the place and time of restraint. ## 6. Defecation - 1) Where a dog has defecated on public property or private property within the Municipality without the consent of the owner of the property, the Owner of the dog shall immediately remove the defecation. - 2) An Owner of a dog shall remove the dog's defecations from the Owner's property daily, and shall dispose of the defecation in a sanitary manner. ## 7. Female Dogs - 1) An Owner of a non-sterilized female dog shall keep the dog indoors at all times during he period the dog is in heat. ## 8. Dog Runs - 1) Where a dog is housed or kept in a dog run, the Owner shall ensure that the dog run is kept in a sanitary condition protecting the health and safety of the dog and any - 2) An Owner shall ensure a dog run on the Owner's property is located no closer than 1 netre to a property line and no closer than 5 meters from a dwelling unit located on ar adjacent property.  - a) confine the dog; and - 3) An Owner shall ensure that a dog run on the Owner's property is constructed of material of sufficient strength and in a manner adequate to: - b) prevent the entry of children of tender years. - 4) If, in the opinion of an Animal Protection Officer the condition or location of a dog run is not in accordance with this Bylaw, the Animal Protection Officer may order the owner of the property on which the dog run is located, to clean, alter, demolish or relocate the dog run within the time period specified in the order. - 5) The person to whom an order is issued pursuant to subsection (1) will allow the owner of the property on which the dog run is located, at least 30 days to relocate or remove the dog run. ## 9. Detainment and Release - 1) Where the Director has received a dog whose Owner is known, the Director shall, - b) Notice in subsection (1) may be given by telephone or in writing. - a) Within 24 hours, provide notice to the Owner of the fact of the dog's detainment and the amount required to be paid in order for the dog to be released. - 2) An Owner or the Owner's agent may claim a detained dog by attending the Animal Shelter and providing the Director with proof of ownership or entitlement to the dog. - 3) The Director shall not release a detained dog unless the: - b) Director/Administrator has received the detainment fee as set out in Schedule A. - a) Person claiming the dog can satisfy the Director that he or she is the Owner or the person entitled to possession of the dog; and - 4) A dog may be considered to be relinquished to the Animal Shelter when a dog: 9. detained at the Animal Shelter, whose Owner is unknown, is not claimed and released within 72 hours from the time the dog was received at the Animal Shelter, 10. is surrendered to the Animal Shelter by its Owner. - b) detained at the Animal Shelter, whose Owner is known, or where the dog appears to be a pure-bred, is not claimed and released within 10 days from the time the dog was received at the Animal Shelter; or - 5) The time requirements in subsection (1) do not include days during which the Animal Shelter is not open to the public. - 6) Where a dog has been relinquished to the Animal Shelter, the Director may: - 2) destre dog a humane melic adoption; or ## 10. Penalties - 1) Every person who contravenes or fails to comply with any provision of this Bylaw is guilty of an offence and liable on summary conviction to a fine in the amount set out in "Schedule A". ## 11. Voluntary Payment - 1) Where the Town has received the voluntary payment amount prescribed for the offence in "Schedule A", the owner will not be liable to prosecution for the alleged contravention of the Bylaw. ## 12. General - 1) the Towment required pursuant to this Bylaw may be made at the Animal Shelter or at  ## 13. Repeal and Coming into Force - 1) Bylaw No. 348 and amendments thereto are hereby repealed. - 2) This Bylaw shall come into effect on the day of its final passing.   INCORPORATED 1907 ЗАЗНАТСНЕННЯ 7. Kanhage MAYOR Valine Huttard ADMINISTRATOR   ## SCHEDULE A ## FEES - VOLUNTARY PAYMENTS ## LICENCE FEES | ITEM | AMOUNT | |--------------------------------|----------| | Female dog over 3 months. | $20.00 | | Spayed female dog over 3 month | $10.00 | | Male dog over 3 months | $10.00 | ## IMPOUND FEES | ITEM | AMOUNT | |--------------------|--------------------------------------------------| | Impoundment Charge | $40.00 | | Housing Charge | $20.00/day or portion thereof for every day held | ## FINES AND VOLUNTARY PAYMENT | OFFENCE | VOLUNTARY PAYMENT | |---------------------------------------------------------------------------|---------------------| | No current license | $20.00 | | Allowing a dog to be at large | $40.00 | | Failure to remove defecation | $20.00 | | Failure to keep non-sterilized dog indoors while dog is in period of heat | $20.00 | | Failure to comply with order of animal protection officer | $20.00 |