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BYLAW NO. 7 - 2018
The Council of the District of Lakeland No. 521, in the Province of Saskatchewan enacts as
follows:
SHORT TITLE
This Bylaw shall be referred to as "The Animal Control Bylaw."
PURPOSE AND DEFINITION
PURPOSE
1.
The purpose of this Bylaw is to encourage safe, respectful and responsible animal ownership
within the District of Lakeland No. 521 by;
a) Ensuring the humane treatment of animals;
b) Controlling and regulating dogs and cats;
c) Providing for the impounding of dogs and cats that are at large;
d) Promoting the protection of people, animals and property within the
Municipality;
e) Providing for conditions and penalties for people's failure to abide
be the conditions of this Bylaw; and
f) Protecting the public from dangerous animals.
DEFINITIONS
2.
For the purpose of this Bylaw, the following terms and words shall have the following
meanings:
a) Administrator - shall mean the Administrator of the District of Lakeland No. 521.
b) Animal - shall mean either a cat or dog, or a cat and dog as the case may be.
c) Animal Control Officer - shall mean the person or persons appointed by the
Municipality to enforce the provisions of this Bylaw, or any person authorized to act
on his/her behalf and shall include a designated officer.
d) Animal Shelter - shall mean a facility designated or used by the Municipality for
animal impoundment and kenneling.
e) At large - shall mean when an animal is beyond the boundaries of the land occupied
by the owner of the said animal, or beyond the boundaries of any lands where it may
be with the permission of the owner or occupant of the said land and when it is not
under control by being directly attached to a leash not exceeding three meters in length
and that leash is under the direct and continuous physical charge of a person
competent to control it.
f) Cat - shall mean any cat, male or female, of every breed or classification or mixture of
breeds over eight (8) weeks of age.
g) Council - shall mean the Council of The District of Lakeland No. 521.
h) Dangerous Animal means;
i)
any animal that, without provocation in a vicious or menacing manner, chases
or approaches a person or domestic animal in an apparent attitude of attack;
ii) the animal has a known propensity, tendency or disposition to attack without
provocation, to cause injury or to otherwise threaten the safety of persons or
domestic animals;
iii) the animal has, without provocation, bitten, inflicted injury, assaulted or
otherwise attacked a person or domestic animal; or
iv) the animal is owned primarily or in part for the purpose of fighting or is trained
for fighting.
i) Distress - shall mean an animal that is
i)
deprived of:
a) food or water sufficient to maintain the animal in a state of good health;
b) care or shelter; or
c) veterinary care or medical attention;
ii) in need of reasonable protection from injurious heat or cold;
iii) wounded, ill, in pain, suffering, abused or neglected;
iv) kept in conditions that:
a) are unsanitary;
b) will significantly impair the animal's health or well-being over time;
c) cause the animal extreme anxiety or suffering;
v)
abandoned by its owner or by a person responsible for the animal in a
manner that causes, or is likely to cause, distress resulting from any or all of
the factors listed in this section.
j) Designated Officer- shall mean the Administrator or a Peace Officer employed for the
provision of service to the Municipality.;
k) Dog - shall mean any dog, male or female, of every breed or classification or mixture
of breeds over eight (8) weeks of age.
l) Owner - includes
i)
a person, persons, partnerships, association or corporation who
keeps, possesses, harbors, or has care of or control of an animal;
ii)
the person responsible for the custody of a minor where the minor is
the owner of an animal.
But shall not include
iii)
a Veterinarian who is keeping or harboring an animal under the
provision of this bylaw.
iv)
the operator of an animal shelter.
m) Municipality - shall mean the District of Lakeland No. 521.
n) Peace Officer - shall mean a person or class of persons appointed as a special
constable pursuant to The Police Act, 1990, a member of a police service, or a member
of the Royal Canadian Mounted Police.
o) Poundkeeper - shall mean a person, persons, or their associates designated by the
Municipality to maintain and administer an animal shelter.
p) Prohibited Area for Animals - shall mean any area in the Municipality identified in
which animals are prohibited from entering.
PERMITTED NUMBER OF ANIMALS
3.
No person occupying a premise within the District of Lakeland shall possess or harbor more
than the maximum number of animals as outlined in this Bylaw.
4.
The owner of any property shall not permit or allow to be permitted an occupant from
keeping or harbouring more than then maximum number of animals as allowed by this
Bylaw.
5.
For the purpose of this Bylaw the maximum number of animals allowed to be kept or
harboured at any property or dwelling is;
a) Not more than three cats;
b) Not more than three dogs;
c) Or in any case a combination of cats and dogs not greater than four.
6.
The provisions of Section 5 do not apply to animals:
a) under the age of three (3) months;
b) at a kennel or boarding facility operating under a business licence issued by the
municipality.
c) being temporarily kept or harbored at an approved animal shelter.
d) in the course of transit in or trough the municipality.
e) where written authorization has been issued by the Municipality to a property
owner or animal owner or both.
ANIMAL FECES
7.
An owner or occupant of a property shall not allow animal feces to accumulate on the
property which unreasonably interferes with the use and enjoyment of adjoining premises
by owners or occupants.
8.
An Animal Control Officer may serve an owner or occupant of a property with a notice to
remove all animal feces from the property within seventy-two (72) hours of the notice being
served.
9.
A notice issued under this bylaw may be served personally on an owner or occupant of the
property, or sent by registered mail addressed to the owner of the property at the mailing
address shown on tax records of the Municipality, or by posting such notice at the property.
A notice served by registered mail is deemed to have been received on the fifth day following
the date of its mailing.
10.
The Municipality may remove the feces from the property if:
a) the person to whom the request is made fails to remove the feces within the
prescribed time; or
b) after reasonable inquiry, the whereabouts of the owner or occupant of the property
cannot be determined.
11.
If the Municipality removes feces pursuant to this Bylaw, the Municipality may collect from
the owner any reasonable charges and expenses relating to the removal of the feces from the
property. Those charges and expenses are a debt owed and due to the Municipality. The
Municipality may recover the charges and expenses by action in a court of competent
jurisdiction or by adding the amounts to the tax roll of the property.
12.
If an animal defecates on any public or private property other than the property of its owner,
the owner of the animal shall forthwith remove the defecation.
13.
Section 12 shall not apply to a person who owns and is physically reliant on a guide dog
trained and used to assist such person.
PROHIBITED AREAS FOR ANIMALS
14.
The following areas within the Municipality are hereby identified as prohibited areas for
animals:
Christopher Lake
a)
Bells Beach Beach being Surface Parcel Number 151416129 to the water's edge.
Public Reserve R1
Plan 70PA14531
Bells Beach.
b)
Lions Park Beach being Surface Parcel Number 164323313 to the water's edge
Parcel A
Plan 63PA07588
Spruce Point
Emma Lake
c)
Neis Beach Beach being Surface Parcel Number 134928007 to the water's edge.
Public Reserve R3
Plan 78PA10351
Neis Beach
d)
Sunset Bay Beach being Surface Parcel Number 142048780 to the water's edge.
Public Reserve R1
Plan 69PA16293
Sunset Bay
e)
McPhail Cove Beach being Surface Parcel Number 134927781 to the water's edge.
Public Reserve R1
Plan 67PA09427
McPhail Cove
f)
Sunnyside Beach being all lands from the West portion of Surface Parcel Number
149258931 through Surface Parcel Number 161996901; parallel to the water
identified as all lands from the retaining wall to the water's edge; continuous through
all publicly leased land East to the East portion of Surface Parcel Number 148048746
extending North to water's edge.
15.
No owner shall permit or allow their animal to be in any prohibited area set out in this
Bylaw.
16.
A police service dog shall not be required to comply with Section 15 of this bylaw.
17.
A guide dog trained and used by a visually impaired person shall not be required to comply
with Section 15 of this bylaw.
ANIMALS AT LARGE AND IMPOUNDMENT
18.
No owner of an animal shall permit that animal to be at large in the Municipality.
19.
For the purpose of Court proceedings, the owner shall be deemed to have permitted that
animal to be at large unless the owner proves to the satisfaction of the Court that at the
time of the offence, the owner did all that was reasonable to prevent the animal from being
at large and was actively attempting to prevent the animal from continuing to be at large.
20.
An Animal Control Officer may enter into the land surrounding any building in pursuing
any animal that has been observed at large.
21.
No person, including the person who is the owner of the animal which is being or has been
pursued, seized or impounded, shall obstruct or interfere or attempt to obstruct or interfere
with the Animal Control Officer in the execution of their duties as provided in this Bylaw.
22.
An Animal Control Officer may take any animal found at large to an animal shelter where
it shall be kept for ninety-six (96) hours unless the owner redeems the animal by paying the
Municipality the sum identified in schedule "A"; required for picking up and delivering the
animal to the shelter and also paying the Municipality the fee for each day or part day or
portion thereof that the animal is impounded for the care and keep of the animal.
23.
All impounded animals which are not claimed or redeemed by their owners within the time
limits imposed under this bylaw may be sold or given away subject to approval by a
designated officer.
24.
When authorized by a designated officer, the Poundkeeper, or any other person designated
by a designated officer may destroy any animal so impounded that has not been redeemed
within ninety-six (96) hours.
CAT TRAPS
25.
A designated officer may authorize the use of cat traps.
26.
Cats shall not be trapped unless a permit for the trapping of cats is first issued by an
Animal Control Officer.
27.
A person may obtain an approved trap for a cat from the Municipality
28.
A person requesting a cat trap shall provide, at minimum, to the Municipality their full
name, address and telephone number.
29.
A person requesting a trap for a cat shall comply with all the terms and conditions included
in the Cat Trap Permit.
30.
A person who fails to comply with any term or condition contained in a Cat Trap Permit is
guilty of an offence.
31.
A designated officer may trap cats without a permit.
OBSTRUCTION
32.
No person, including the person who is the owner of the animal which is being or has been
pursued, seized or impounded, shall obstruct or interfere or attempt to obstruct or interfere
with the Animal Control Officer in the execution of their duties as provided in this Bylaw.
33.
No person shall, without limiting the generality of Section 32:
a) unlock or unlatch or otherwise open a vehicle in which an animal is seized under
this Bylaw have been placed, so as to allow or attempt to allow any animal to
escape therefrom; or
b) remove or attempt to remove any animal from the possession of the Animal
Control Officer.
GENERAL VIOLATIONS
34.
No person shall:
a) untie, loosen or otherwise free an animal which has been tied or otherwise
restrained; or
b) negligently or willfully open a gate, door or other opening of a fence or enclosure
in which an animal has been confined and thereby allow an animal to run at large;
or
c) tease, entice, bait or throw objects at a confined animal.
35.
No owner shall allow an animal to become in distress.
36.
The owner of an animal shall ensure that such an animal shall not be left unattended in any
motor vehicle.
37.
It shall not be an offence against this Bylaw in Section 36 should the owner adequately
restrict the animal as to prevent access to a person or persons and such suitable ventilation
and temperature control is provided to the animal.
38.
No person shall willfully fail to claim an animal that is being held at an animal shelter for
which that person is an owner.
39.
Any owner who owns an animal for the purpose of fighting, or who trains, torments,
badgers, baits or otherwise uses an animal for the purpose of causing or encouraging the
animal to make unprovoked attacks on persons or domestic animals is guilty of an offence.
AGGRESSIVE ANIMALS
40.
The owner of an animal shall ensure that such animal shall not:
a) bite a person or animal whether on the property of the owner or not;
b) do any act to injure a person or animal whether on the property of the owner or not;
c) chase or otherwise threaten a person or animal whether on the property of the owner
or not, unless the person chased or threatened is a trespasser on the property of the
owner;
d) cause damage to property or other animals.
DANGEROUS ANIMALS
41.
No Animal that has been declared dangerous by any Court in Canada or as ascribed by
Section 375 of The Municipalities Act shall be permitted within the boundaries of the
Municipality unless authorized by a designated officer.
42.
Upon notification, a Peace Officer may seize, without warrant, any animal that is a
Dangerous Animal and forthwith deliver such animal to an animal shelter.
43.
If an animal is seized pursuant Section 42 of this bylaw, or in the opinion of an Animal
Control Officer, an animal is dangerous, or a complaint is made that an animal is
dangerous, a hearing at Provincial Court shall be held to determine if, based upon the
evidence adduced at the hearing, the animal is, in fact, dangerous.
44.
A person to whom has had their animal seized pursuant to Section 42 shall be provided
with a Notice of Seizure and Direction. That person may, within seven (7) days of
receiving the Notice, attend to the Provincial Court House, 188 - 11th Street West, Prince
Albert to speak to the release of the animal or to set a time and date for a hearing to
determine whether the animal is dangerous, or both. Failing to attend to the Court House
within the seven (7) days will result in the animal being destroyed.
45.
An owner that has attended to the Provincial Court House to request the release of their
animal and/or a hearing shall immediately notify the municipality as to the date and time of
that hearing.
46.
An animal that has been seized pursuant to section 42 shall be destroyed if the owner fails
to notify the municipality within the prescribed time, as indicated within the Notice of
Seizure and Direction.
47.
A Notice of Seizure and Direction shall be in the form as approved by the Municipality.
48.
Where an owner does not appear at the time and place appointed for the hearing the Court
may proceed ex parte to hear and determine the proceedings in the absence of the owner as
fully and effectively as if the owner had appeared.
49.
If the Court is satisfied, on the evidence, that the animal is dangerous, the Court may make
an order including any or all of the following terms:
a) If the Animal is to be sold or given away the owner shall notify any prospective
owner that the Animal has been declared Dangerous before it is sold or given
away.
b) That the owner shall report to a designated officer within 72 hours if the animal is
sold, given away or the owner has given up possession of the animal or the animal
becomes deceased.
c) Notify the designated officer of the name, address and telephone number of any
new owner of the animal no more than 7 days after the new owner has taken
possession of the animal.
d) Where the animal is moved to a different municipality, the owner shall notify the
Clerk of that city or Administrator of the municipality no more than 72 hours after
the animal is moved to that city or municipality.
e) That the animal be destroyed or otherwise disposed of at the owner's expense and
shall give directions with respect to the destruction or other disposition.
f) Any other reasonable condition so ordered by the Court.
50.
A person desiring to appeal an order pursuant to this Section shall, within seven days of the
issuance of the order, file a notice of appeal with Her Majesty's Court of Queen's Bench,
and the provisions of the Criminal Code apply with any necessary modification.
51.
Unless the owner otherwise agrees, every order for destruction of an animal shall state that
it shall not be implemented for eight days.
52.
Where an appeal is taken against an order for the destruction of an animal, the application
of the order is stayed pending the disposition of the appeal.
53.
Where an order for destruction is overturned on appeal, the animal shall be released to the
owner after the owner has paid the costs of impoundment of the animal.
54.
Regardless of the outcome of the appeal, the owner shall be responsible for the payment of
the costs of impoundment of the animal pending the hearing.
55.
An order regarding a dangerous animal issued pursuant to this Bylaw continues to apply if
the animal is sold or given to a new owner.
56.
For the Purpose of this Bylaw no animal shall be considered dangerous for actions carried
out while the animal was:
a) acting in performance of police work;
b) or working as a guard animal on commercial property while:
i)
securely enclosed on the property by a fence or other barrier sufficient to
prevent the escape of the animal and the entry of young children; and
ii) defending that property against a person who was committing an offence.
HUMANE DESTRUCTION OF SICK OR INJURED ANIMALS
57.
No animal shall be destroyed unless authorized by a designated officer.
58.
The Animal Control Officer shall keep a record and picture of all animals impounded.
59.
Should any animal be destroyed, the designated officer shall keep a record of the manner in
which they are destroyed.
60.
Notwithstanding section 57 any Animal Control Officer or Veterinarian may take
immediate action to humanely destroy any feral cat, any animal that is sick or injured
where, in the opinion of the Animal Control Officer or Veterinarian, immediate destruction
of the animal is necessary to avoid unnecessary pain and/or suffering by the animal.
61.
Any destruction of an animal must be carried out in a manner that the circumstances cause
the animal minimal pain and anxiety.
62.
Any Animal Control Officer or Veterinarian that destroys an animal pursuant to this Bylaw
shall take reasonable efforts to notify the owner of the animal before it is destroyed. No
action lies against the Animal Control Officer or the Veterinarian due to the destruction of
the animal or the failure to find or contact the owner.
MISCELLANEOUS
63.
Any owner who owns an animal that, without provocation, attacks, assaults, wounds, bites,
injures or kills a person or domestic animal, is guilty of an offence.
64.
Any person who does not comply with any order or part of an order issued pursuant to this
Bylaw is guilty of an offence.
ENFORCEMENT, OFFENCES AND PENALTIES.
65.
Every person who contravenes any provision of this Bylaw is guilty of an offence and
liable on Summary Conviction:
a) In the case of an individual, to a fine of not more than $10,000.00 or
imprisonment for not more than one year, or both; and
b) in the case of a corporation, to a fine of not more than $25,000.00 or
imprisonment of the directors of the corporation for not more than one year, or
both; and
c) in the case of a continuing offence, to a maximum daily fine of not more than
$2,500.00 per day or any portion thereof.
66.
Where a Peace Officer issues a summary ticket for a violation of this Bylaw, the Peace
Officer shall may onto the ticket the prescribed fine amount as set out in Schedule 'A' of
this Bylaw.
67.
In addition to any fine or penalty imposed by the Court, the Court may after a third and any
subsequent conviction against this Bylaw, further order any of the following:
a) that the owner complies with the conditions of the Bylaw;
b) that the owner surrenders the animal;
c) that the owner be prohibited from acquiring, possessing, or harbouring any animal
within the Municipality for up to 2 years;
d) that the owner erects, constructs, builds or causes to be erected, constructed or
built a fence, enclosure, pen, run or such improvement for the animal; or
e) any other such conditions as may be ordered by the Court.
SEVERABILITY
68.
If any section, subsection, sentence, clause, 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.
COMING INTO FORCE
69.
Bylaw 6 - 2017 is herby repealed.
70.
This Bylaw shall come into force and take effect on the day of its final passing.
____Cheryl Bauer Hyde____________
REEVE
_____Tammy Knuttila______________
ADMINISTRATOR
Read a third time and adopted
the 14th day of January, 2019.
SCHEDULE "A"
Hereto annexed and forming part of Bylaw No 6 - 2018
PER SECTION 22
-
Municipal Maintained Shelter
o
fee of $50.00 per day, or any portion thereof. Day commences at 12:00 am.
o
Any travel kilometers associated with travel to or from the shelter at the municipally
approved rate.
-
Private animal shelter or veterinarian shelter fees
o
Actual charge of the veterinarian plus any travel kilometers associated with travel to
or from the private or veterinarian shelter.
o
Fee to euthanize shall be equal to the charge of the veterinarian plus any mileage fees
associated with the travel.
o
Other care and sustenance fee shall be actual amount charged plus any mileage
associated with travel.
PER SECTION 66
For all sections of this Bylaw the Peace Officer may use their discretion by not allowing the
accused the option of making a voluntary payment and thereby compel the accused to attend
court. This schedule will be used should the Peace Officer exercise the option to issue a
summons to court and include a voluntary payment amount.
VOLUNTARY PENALTIES FOR NON-CONFORMITY WITH BYLAW
SECTION
OFFENCE
VOLUNTARY PAYMENT (FINE)
1st
2nd
SUBSEQUENT
OFFENCE
OFFENCE OFFENCE
Section 18
At Large
$50.00
$100.00
$250.00
Section 29
Fail to comply with conditions of
Cat Trap Permit
$150.00
$300.00
$500.00
Section 40
Aggressive animal
$200.00
$500.00
Court
Section 63
Animal without provocation attacks
assaults, wounds, bites, injures or
kills a person or domestic animal
$400.00
Court
Court
Section 64
Fail to abide by Order
$250.00
$500.00
$800.00
Sections not specifically listed above
$100.00
$225.00
$400.00