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VILLAGE OF KENASTON
BYLAW NO. 04-23
BEING A BYLAW TO PROVIDE FOR THE CARE AND CONTROL OF
ANIMALS, BEES, LIVESTOCK, AND POULTRY
1.
ENACTING CLAUSE. .................................................................................................. 2
2.
CITATION ..................................................................................................................... 2
3.
GOVERNING LEGISLATION....................................................................................... 2
4.
DEFINITIONS. .............................................................................................................. 2
5.
APPLICATION. ............................................................................................................. 3
6.
LICENCING OF ANIMALS .......................................................................................... 3
7.
BEES, LIVESTOCK, AND POULTRY. ........................................................................ 4
8.
PROHIBITED ANIMALS .............................................................................................. 5
9.
MAXIMUM NUMBER OF ANIMALS ALLOWED: ....................................................... 5
10.
ANIMAL RUNS............................................................................................................. 5
11.
RESTRAINTS............................................................................................................. 5
12.
TRANSPORTATION OF ANIMALS. ............................................................................ 6
13.
OFF-LEASH DOG PARKS .......................................................................................... 6
14.
DEFECATION .............................................................................................................. 7
15.
ANIMAL BITES AND RABIES..................................................................................... 7
16.
THREATENING AND NUISANCE BEHAVIOR OFFENCES..................................... 7
17.
DANGEROUS ANIMALS. ........................................................................................... 8
18.
SEIZURE AND IMPOUNDING .................................................................................... 8
19.
ANIMAL TRAPS .......................................................................................................... 9
20.
CONSERVATION OFFICER PRIVILEGES ............................................................... 9
21.
COMMUNICABLE DISEASE, GRAVE INJURIES, AND EUTHANASIA. .................. 9
22.
GENERAL VIOLATIONS .......................................................................................... 10
23.
PENALTIES AND NOTICES OF VIOLATION. ......................................................... 10
24.
PAYMENT OF NOTICES OF VIOLATION. .............................................................. 10
25.
REPEAL AND COMING INTO FORCE ................................................................... 10
SCHEDULE "A" - ANIMAL LICENCE FEES ....................................................................... 11
SCHEDULE "B" - COSTS OF IMPOUNDING AND MAINTAINING ANIMALS ................. 12
SCHEDULE "C" -- PENALTIES .......................................................................................... 13
SCHEDULE "D"- PROHIBITED ANIMALS ......................................................................... 15
1. ENACTING CLAUSE
The Council of the Village of Kenaston, in the Province of Saskatchewan, enacts as
follows:
2. CITATION
This Bylaw may be cited as The Animal Control Bylaw.
3. GOVERNING LEGISLATION
1) The Municipalities Act prevails in all circumstances where there might
arise a conflict between The Municipalities Act and The Animal Control
Bylaw.
2) The Animal Protection Act, 2018 prevails in all circumstances where there might
arise a
conflict between The Animal Protection Act, 2018 and The Animal Control Bylaw.
3) The Veterinarians Act, 1987 prevails in all circumstances where there
might arise a conflict between The Veterinarians Act, 1987 and The
Anlmal Control Bylaw.
4) The Wildllfe Act, 1998 prevails in all circumstances where there might
arise a conflict between The Wildlife Act, 1998 and The Animal Control
Bylaw.
5) If a court of competent jurisdiction should declare any section or subsection
of this Bylaw to be invalid, such section or subsection shall not be construed
as having persuaded the Council to pass the remainder of the Bylaw, and it
is hereby declared that the remainder of this Bylaw shall be valid and remain
in force.
4. DEFINITIONS
In this Bylaw, the following definitions apply:
1) "Animal" means all dogs, cats, and/or any type of common household
pet that is deemed permissible by the bylaw to harbour within the
municipality of the Village of Kenaston, but shall exclude:
a) fish, small amphibians, and reptiles which are normally contained in an
aquarium;
b) hamsters, gerbils, mice, guinea pigs, and other small rodents
normally kept in a cage; and
c) any animal which is a Prohibited Animal;
2) "Animal Run" means an enclosure or structure outside of a residential
dwelling unit used for the harbouring or containment of a dog or dogs, or
a cat or cats;
3) "Cat" means any domestic bred cat, male or female, neutered or spayed,
of the feline family over the age of six (6) months; excluding hybrid, wild,
and exotic cats;
4) "CAO" means the Chief Administrative Officer of the Village of Kenaston or
designate;
5) "Council" means the Council of the Village of Kenaston;
6) "Critical Distress" means distress that requires immediate intervention
in order to prevent serious injury or to preserve life;
7) "Dangerous Animal" means any Animal declared to be dangerous by a Judge
pursuant to The Municipalities Act.
8) "Dog" means any dog, male or female, neutered or spayed, of the canine family
over the age of six (6) months;
9) "Feral Cat" means an unowned cat that lives outdoors and avoids human
contact. It does not allow itself to be handled or touched and is not
socialized to humans or the domestic environment;
10) "Hunting" means taking, wounding, killing, chasing, pursuing, worrying,
capturing, following after or following on the trail of, searching for, shooting
at, trapping, setting snares for, stalking or lying in wait for any wildlife, or
attempting to do any of those things, whether or not the wildlife is then or
subsequently captured, wounded or killed;
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11) "Judge" means a judge of the Provincial Court of Saskatchewan or a
Justice of the Peace;
12) "Leash" means a chain, rope, or strap attached to the collar or harness of
an Animal, especially a dog, and used to lead it or hold it in check;
13) "Livestock" means cattle, goats, horses, sheep, swine, and all other
fur bearing Animals, but does not include Pets;
14) "Medical Health Officer" means the Medical Health Officer or designate,
and shall include the Senior Public Health Inspector and anyone under
the instructions of the Medical Health Officer for that Health Region
containing the Village of Kenaston; in carrying out the provisions of this
Bylaw;
15) "Microchip Implant" means an identifying integrated circuit placed under the
skin of a dog, cat, or other Animal by a licenced technician, usually a
Veterinarian. The chip, about the size of a large grain of rice, uses passive
RFID (Radio Frequency Identification) technology to store information about
the Animal, and may also be known as a PIT tag (for Passive Integrated
Transponder);
16) "Municipal Enforcement Officer" shall mean the Municipal Enforcement
Officer (MEO) or Bylaw Enforcement Officer or designate as appointed by
Council for the Municipality, including Animal Control Officers;
17) "Nuisance Animal" means an Animal that has repeatedly exhibited
Threatening and Nuisance behaviors;
18) "Owner" means the person who has custody and/or control of an Animal,
but shall not include:
a) a veterinarian registered pursuant to The Veterinarians Act, 1987
who is keeping or harbouring an Animal for the prevention,
diagnosis, or treatment of a disease or of an injury to the Animal;
b) an urban municipality, the Saskatchewan Society for the Prevention
of Cruelty to Animals, a local Society for the Prevention of Cruelty to
Animals, or a Humane Society operating pursuant to The Animal
Protection Act, with respect to an Animal shelter or impoundment
facility operated by any of them.
19) "Pet" means Animals, fish, birds, or reptiles that are:
a) domesticated or tamed and kept as a companion and deemed
permissible by this bylaw to harbour within the Village;
b) not raised for profit;
c) not customarily raised for human consumption;
d) not used for the purpose of transportation;
20) "Pound" means such premises and facilities as may be designated by
Council for the purpose of safely lodging and securing Animals;
21) "Prohibited Animal" means any Animal as listed in Schedule "D";
22) "Service Dog" means any dog with specialized training to assist any person
with a recognized disability. This may include physical, psychiatric,
intellectual, or mental disabilities and/or limitations. Emotional support
animals or therapy animals, which provide therapeutic benefits, but do not
have specialized training to provide services for a disabled person, are not
considered a Service Dog under this bylaw.
23) "Trap-Neuter-Return" means a program, administered by an outside
organization, that involves the process of live-trapping Feral cats, having
them spayed or neutered, ear- tipped for identification and vaccinating, then
releasing them.
24) "Village" means the Village of Kenaston in the Province of Saskatchewan.
5. APPLICATION
This bylaw applies to the ownership of all Animals within the Village of Kenaston.
6. LICENCING OF ANIMALS
1) Obtaining a Licence:
a) every Owner of a dog or cat six (6) months old or older shall obtain a
Village issued licence.
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b) the provisions of this section shall not apply to any dog or cat kept in
the ordinary course of business by the proprietors of the following
premises:
(i) a public Animal Pound;
(ii) any incorporated business that includes the sale of pets;
(iii) a shelter operated by an association or society incorporated for the purpose
of the protection and humane treatment of Animals;
(iv) a recognized Animal show or obedience training.
c) when issuing a licence for a dog or cat, the Village shall supply the
applicant with a licence number plate or tag, the form of which and
lettering or numbers inscribed or imprinted thereon as may be
determined by the Village, and a receipt for payment of the licence.
d) the annual fee for a licence shall be as set out in Schedule "A"
e) any licence issued pursuant to the provisions of this Bylaw shall not be
transferable to any other Animal.
if a licence number plate or tag is lost or becomes illegible, it must
be replaced pursuant to this Bylaw at a cost outlined in Schedule
"A".
g) a Service Dog shall be licenced as provided by this bylaw, but without charge.
h) the Owner of a dog or cat shall ensure that it wears a collar to which
is attached a current licence tag whenever the Animal is off the
premises of the Owner. This provision shall not apply while an Animal
is participating in a recognized show, obedience trial or field trial.
i)
every Owner of a dog or cat within the Village shall, on demand by the
Municipal Enforcement Officer, Peace Officer, or designate, produce
and show his/her licence receipt or other evidence that he/she has a
licence for the current year.
2) Information Required to Obtain a Licence.
When applying for a licence the applicant shall provide the Village with:
a)
a physical description of the Animal;
b)
the breed or type of the Animal;
c)
the sex, and information regarding whether the Animal is spayed/neutered or
intact;
d)
the name of the Animal;
e)
any other relevant information such as a tattoo, microchip, unique
markings, or medical conditions required with respect to the
Animal;
f)
the Animal's history of rabies vaccinations;
g)
the name, address, and telephone number(s) of the Owner of the Animal.
3) Duration of the Licence:
The annual licence shall be in effect from January 1st to December 31st of
the calendar year in which the licence was purchased. Licences purchased
after November 1st of the calendar year shall be considered to be in effect
from the time of purchase through to December 31st of the following
calendar year.
7. BEES, LIVESTOCK, AND POULTRY
1)
No person shall keep bees, livestock, or poultry within the Village
except for the following areas:
a)
in a stockyard, where the same is a permitted use under the
Zoning Bylaw, provided that all Federal and Provincial
regulations relating to stockyards are complied with;
b)
or with special permission of Council;
c)
bees may be kept within the Village between September 15 and
April 30 of each year;
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2) On its own initiative, or after having reviewed a report from the
Medical Health Officer, Council may revoke the privilege of any
person to keep bees, livestock, or poultry in the areas designated in
Section 7.1) a)
3) Where Council revokes the privilege to keep bees, livestock, or poultry,
the MEO shall serve the Owner by registered mail or in person, a notice
stating the reason for Council's decision. The Owner shall have 30 days
from the notice to comply.
4) Sections 7 and 8 do not apply to the following places or circumstances:
a)
by anyone holding a license under any statute of the
Legislature of Saskatchewan or the Government of Canada,
which permits the keeping of animals under stated conditions;
b)
a zoo or travelling circus, provided they hold a valid license from the
Province of Saskatchewan or the Government of Canada, and have
attained a business license from the Village
8. PROHIBITED ANIMALS
1) The ownership or harbouring of any Prohibited Animal, as outlined in
Schedule "D", is strictly prohibited.
2) No person or corporation shall operate a pet shop that buys, sells,
trades, exhibits or harbours any animal or hybrid of any animal of the
kinds listed in Schedule "D"
9. MAXIMUM NUMBER OF ANIMALS ALLOWED:
1) No more than five (5) Animals over the age of six (6) months shall be
owned and/or harboured in a single dwelling, excluding:
a) a public Pound;
b) a shop whose business includes the sale of pets and is licenced as such;
c) a shelter operated by an association or society incorporated for the
purpose of the protection and humane treatment of Animals;
d) a recognized Animal show or obedience training.
10. ANIMAL RUNS
1) Where an Animal is kept in an Animal Run the Owner shall ensure that the
Animal Run is kept in a sanitary and structurally sound condition protecting
the health and safety of the Animal
2) The following should be taken into consideration for the construction of an Animal
Run:
a) light;
b) ventilation;
c) protection from the elements including adequate roofing and flooring (if
used) that is secured firmly to the sides of the enclosure to ensure
stability;
d) use of weather resistant wood or materials;
e) a latch or fastener to prevent the Animal from escaping, and which may
prevent the entry of unauthorized persons and young children.
11. RESTRAINTS
1) Animal Restraint Specifications:
a) an Animal which is restrained on private property by leash or means
other than an approved Animal Run shall be restrained in the following
manner:
(i) the restraint shall be of sufficient strength and kept it in a state of
good repair so that the Animal will not escape, and that it cannot be
chewed through, and;
(ii) the restraint shall be securely situated in the yard such that it will
not allow the Animal to approach closer than two (2) metres of any
sidewalk, street, or lane
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2) Leash Specifications:
a) dogs must be on a leash no longer than 1.8 metres in length at all times
when in any public area, unless it is a designated off-leash area.
3) Running at Large
a) the Owner or any other person having care or control of an Animal
shall at no time allow the Animal to run at large.
b) when not on the Owner's private property, dogs must be under a
person's control at all times.
c) the Animal will be considered to be at large when:
(i) the Animal is beyond the boundaries of the land occupied by the
Owner or any other person having care or control of an Animal;
(ii) beyond the boundaries of any lands where it may be with the
permission of the Owner or occupant of the said land not securely
confined within an enclosure;
(iii) not securely fastened or leashed, thereby enabling it to roam at will.
d) dogs are not allowed in any swimming area, play structure area, or
cemetery.
12. TRANSPORTATION OF ANIMALS
1) No person shall transport a cat or dog in a motor vehicle unless the animal is:
a) inside a motor vehicle, fully enclosed trailer or truck bed cap; or
b) confined or properly restrained in a manner that will prevent the animal from:
i) falling from the motor vehicle;
ii) being injured during transport; or
iii) causing hazard to the safe operation of other motor vehicles.
2) No person shall tether a cat or dog to a motor vehicle that is in operation
unless the animal is confined or secured as described in Clause 1(b).
3) Subsections (1) and (2) do not apply to a person operating a motor vehicle
that is designed for use as a mobility aid for persons with a disability and that is
being used for that purpose.
4) Critical Distress in Motor Vehicle:
a) an Animal Control Officer, Municipal Enforcement Officer, Peace
Officer, RCMP, and Kenaston Fire Department Officer are
prescribed within this section;
b) and who has reasonable grounds to believe that there is an animal
in Critical Distress in a motor vehicle for the purpose of relieving the
animal from distress:
i. may cause damage to the motor vehicle that is
reasonably necessary in order to enter it and relieve
the animal from distress. The owner or custodian of
the animal is responsible for any costs incurred by the
prescribed person in taking steps to relieve the
animal's distress, they amount may be recovered as a
debt due and owing to the prescribed person, and no
liability lies against the Village, CAO, or prescribed
person.
ii. may take possession of the animal and take
reasonable steps to relieve its distress;
iii. no person shall obstruct a prescribed person
exercising a power under this section to enter a
motor vehicle for the purpose of taking an animal
into his or her possession and relieving its distress.
13. OFF-LEASH DOG PARKS
The Village is not responsible in any way for supervision of the Off-Leash Park,
the patrons thereof, or their animals, and the Village shall bear no liability
whatsoever in respect of any damage to personal property or injury or death to
any individuals or animals using the off- leash area
1) Dogs Permitted to be Off-Leash
Notwithstanding Section 11, an owner of a dog is not required to have the dog
on a leash in any designated off-leash areas, provided the owner complies with
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this Section.
a) parking lots are not considered part of the off-leash areas referred to in Subsection
(1)
2) Prohibited Dogs
No owner of a dog shall permit the dog to be in an off-leash area at any time,
whether the dog is on a leash or not, if the dog:
a) has been declared dangerous pursuant to Section 17;
b) is a female dog that is in heat; or
c) has, on three or more occasions, become a nuisance within the
meaning of Subsection (3).
3) Nuisance Prohibited
a) no owner of a dog shall permit or allow the dog to become a
nuisance to other persons or animals in an off-leash area.
b) for the purposes of this subsection, the behaviour of a dog which
constitutes a nuisance includes, but is not limited to, the following:
i) running at such a distance from its owner so as to be incapable of
responding to voice or sight commands;
ii) doing any act that injures a person or another animal;
iii) chasing or otherwise threatening a person or another animal;
iv) biting, barking at, or chasing livestock, bicycles or motor vehicles;
v) excessive barking or howling or otherwise disturbing any person or
other animal; or
vi) causing damage to property.
c) in order to prevent a dog from becoming a nuisance in an off-leash area,
the owner of the dog shall:
i) accompany the dog in the off-leash area at all times; and
ii) carry a leash not exceeding 1.8 metres in length for the dog.
d) in the event that a dog becomes a nuisance, the owner of the dog shall
immediately restrain the dog by placing the dog on a leash not exceeding
1.8 metres in length and removing the dog from the offleash area.
e) any owner of a dog who fails to immediately restrain and remove the
dog upon it becoming a nuisance as required by Clause (d) is guilty of
an offence, and in such event, an Animal Control Officer or peace
officer may seize and impound the dog.
14. DEFECATION
1) Any person having care or control of an Animal, shall immediately
remove any defecation left by it on public or private property other than
the private property of the Animal's Owner and dispose of it in a sanitary
fashion.
2) The Owner or any other person having care or control of an Animal, shall
ensure that defecation on the property of the Owner does not accumulate
to such an extent that it may cause a nuisance and/or health risk to others.
15. ANIMAL BITES AND RABIES
1) If an Animal has bitten an individual or another Animal the individual shall
provide the full details of the Animal(s) and its Owner(s) to the Municipal
Enforcement Officer.
2) When an Animal is suspected of being rabid, or has been in contact with a
rabid Animal, it shall be reported immediately to the Medical Health Office,
Conservation Office, and/or the veterinary clinic.
16. THREATENING AND NUISANCE BEHAVIOR OFFENCES
1) No Animal shall, without provocation:
a) bite a person or other Animal whether on the property of the Owner or not;
b) engage in an act that injures a person or other Animal, whether on the
property of the Owner or not;
c) chase or otherwise threaten a person or other Animal whether on the
property of the Owner or not, unless the person or Animal being chased
7
or threatened is a trespasser on the property of the Owner;
d) bark at, or chase people or other Animals, bicycles, automobiles, or other
vehicles;
e) bark, howl, or hiss at night in such a manner or duration that disturbs
any person acting reasonably;
cause damage to property;
g) defecate, urinate, or spray on private property, except with respect
to the private property of the Animal's Owner;
h) dig in flowerbeds and gardens or waste receptacles that are not that of the
Owner;
i)
upset waste receptacles or scatters the contents thereof;
j)
trespass on private property whether or not the Animal is running
at large or is leashed
2) The Owner of an Animal shall take all measures to prevent any nuisance
behaviour.
17. DANGEROUS ANIMALS
1) No person shall keep or harbour an animal that has been declared by a
judge to be a Dangerous Animal within Village limits.
2) Sections 374 - 380 of The Municipalities Act applies in all circumstances.
18. SEIZURE AND IMPOUNDING
1) Authority to Seize and Impound
a) if any Animal has acted in contravention, or if the Municipal
Enforcement Officer believes on reasonable grounds that the animal
has acted in contravention of this Bylaw, then that Animal may be
seized and impounded.
b) the Municipal Enforcement Officer may enter onto any land surrounding
any building in pursuit of any animal observed behaving contrary to the
provisions of this Bylaw.
2) Interfering with the Seizure or Impounding of an Animal
a) no person, whether or not they are the Owner of an Animal, shall:
(i) interfere with, or attempt to obstruct, the Municipal Enforcement
Officer who is attempting to seize or has seized any Animal in
accordance with the provisions of this Bylaw;
(ii) intentionally allow any Animal to escape by opening any vehicle
or facility in which an Animal has been seized or impounded
under this Bylaw;
3) When an impounded Animal is wearing a licence tag, the Municipal
Enforcement Officer shall make every reasonable effort to contact the Owner
registered in the Village licensing records.
4) It shall be the duty of the Municipal Enforcement Officer to provide each
impounded Animal with an adequate supply of food, fresh water, and
shelter from the elements during confinement in the Pound
5) Any Animal seized pursuant to this Bylaw shall be impounded until such
time that any fines are paid. Impoundment fees will be charged to the
Owner as set forth in Schedule "B".
6) Any unlicensed Animal which is impounded shall not be released until the
outstanding fees and fines are paid and the Owner meets the
requirements set out in Section 6, Licensing of Animals.
7) Any Animal seized pursuant to this Bylaw shall be impounded for a
period of up to seventy-two (72) hours excluding the day of
impoundment, weekends, and statutory holidays.
8) Where an Animal has not been reclaimed within seventy-two (72) hours,
or where the Owner of the Animal has failed or refused to comply with
Subsections (5) and (6), the Owner forfeits all Ownership rights and the
Animal shall become the property of the Village
a) if an Animal, other than wildlife, becomes the property of the Village, the
Animal Control Officer may;
i) put the Animal up for adoption;
8
ii) cause the Animal to be surrendered to an Animal Rescue or
any other organization or Person for the purpose of adoption;
iii) in the case of a Feral Cat, and if available through an outside
organization, utilize the Trap-Neuter-Return program;
iv) deal with the Animal in accordance with requirements of
applicable federal or provincial legislation; or
v) if, 5 business days after gaining custody, no appropriate or suitable
resolution can expeditiously be administered, the Animal Control
Officer may order or cause the Animal to be humanely destroyed by a
registered Veterinarian. No liability lies against the Village, CAO,
Animal Control Officer or Veterinarian
19. ANIMAL TRAPS
1)
Property Owners may use their own trap to trap any Nuisance Animals or
Dangerous Animals on their own property at their own risk, and report
them to the Municipal Enforcement Officer for removal. At the request of
the property Owner, the Municipal Enforcement Officer may trap and
remove a Nuisance Animal or a Dangerous Animal from their property.
2)
Any Animal traps used to facilitate the removal of Nuisance Animals
from private property must be live-capture traps and the person
setting the trap assumes full responsibility for the well-being of any
Animals trapped therein.
3)
The Municipal Enforcement Officer shall be notified of a trapped
Animal and the location of the trap immediately for the removal of
the Animal from the property.
4)
The trap shall be placed in such an area that shall not allow the Animal to
be exposed to any harmful elements (i.e. direct sun, harsh wind or rain,
and any other harmful elements).
5)
Traps shall be checked at least every:
a) four (4) hours when the temperature is between 6 and 30 degrees C;
b) two (2) hours when the temperature is between -9 and 5 degrees C.
6)
No trap is to be left operational when the temperature is above 30 degrees C or
below
--10 degrees C
20. CONSERVATION OFFICER PRIVILEGES
1) The Village awards provincial Conservation Officers the authorization
to discharge a firearm within Village limits when:
a) an Animal is threatening the life of an individual or another Animal;
b) wildlife has entered the Village limits and is causing a nuisance and
cannot be safely removed through other means; or
c) a sick or injured Animal that is found within the Village and immediate
euthanizing of the Animal is required in order to avoid unnecessary
suffering of the Animal
21. COMMUNICABLE DISEASE, GRAVE INJURIES, AND EUTHANASIA
1) If an animal is suspected to have a communicable disease, the Owner must:
a) isolate the animal in a manner that will prevent further spread of the disease;
b) seek an assessment by a veterinarian; and
c) follow the orders of such veterinarian, the Municipal Enforcement
Officer, and any government officials who have authority to issue such
orders.
2) The Municipal Enforcement Officer, or veterinarian may take immediate
action to euthanize any sick or gravely injured animal found within the
Village where, in the opinion of a Veterinarian, immediate euthanizing of the
animal is required in order to avoid unnecessary suffering of the animal.
3) Reasonable efforts shall be made to contact the Owner of an Animal
before it is euthanized. No liability lies against the Village, the CAO, the
Municipal Enforcement Officer or Veterinarian if the Owner cannot be
contacted.
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22. GENERAL VIOLATIONS
1) Teasing and Enticing Animals
Any person teasing, enticing, baiting, or throwing objects at an Animal confined
within its Owner's property shall be in violation of this Bylaw.
2) Unsanitary Conditions
No person shall keep an Animal in an unsanitary condition. Conditions shall
be considered unsanitary where the keeping of the Animal results in an
accumulation of fecal matter, an odor, insect infestation, or rodent attractants
which endanger the health of the Animal or any person, or which disturb or
are likely to disturb the enjoyment, comfort or convenience of any person in
or about any dwelling, office, or commercial establishment.
23. PENALTIES AND NOTICES OF VIOLATION
1) Any person who contravenes any of the provisions of this Bylaw or fails to
comply therewith or with any notice given thereunder is guilty of an offence
and is liable to the penalties as hereinafter provided. Said offence and
penalties shall be listed on Schedule "C".
2) Any person who contravenes the provisions of this Bylaw as NOT specifically
set out in Schedule "C" or fails to comply therewith, or with any notice given
thereunder, is guilty of an offence and is liable on summary conviction to a
fine in an amount not exceeding that provided for by the Village of Kenaston
General Penalty Bylaw.
24. PAYMENT OF NOTICES OF VIOLATION
1) Where any person has committed or is alleged to have committed a breach
of any of the provisions of this Bylaw, a ticket, notice, or summons may be
served on such person by a Police Officer, Municipal Enforcement Officer, or
any person duly authorized by Council. Such person served with a ticket or
notice may voluntarily pay same at the Kenaston Municipality Administration
Office between the hours of 8:00 a.m. and 4:00
p.m., excepting Fridays, Saturdays, Sundays, and public holidays, provided
that payment is be made within a period of ten (10) days from the service of
the said ticket or notice. If payment is made within such time and accepted,
then that person shall not be liable to prosecution for the offense.
2) Service of a ticket, notice, or summons pursuant to this Bylaw may be made by:
a) by personally delivering the ticket, notice, or summons to the person
committing the breach of the provision of this Bylaw; or
b) by mailing such ticket, notice, or summons to the last known address of
the Owner of said animal by registered mail.
3) A person to whom a Notice of Violation is being issued pursuant to this
Section shall, upon request, provide their name and address. Any person
who fails to provide this information is guilty of an offence and liable on
summary conviction to be assessed a fine as outlined in the most current
Village of Kenaston General Penalties Bylaw.
25. REPEAL AND COMING INTO FORCE
1) Bylaw No. 04/11 and all amendments thereto is hereby repealed.
2) This Bylaw shall come into force and be in effect on the final passing thereof.
Introduced and read a first time this 12'h day of July, 2023
Read a second time this 12'h day of July, 2023
Read a third time, and thereby approved, this 12th day of July, 2023
________________________
Mayor
_________________________________
Administrator
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SCHEDULE "A" - ANIMAL LICENCE FEES
Dog or Cat-Yearly
$8.00
Dog or Cat-Lifetime
$30.00
Replacement Tag
$5.00
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SCHEDULE "B" - COSTS OF IMPOUNDING AND
MAINTAINING ANIMALS
1. The cost of impounding and maintaining Animals shall be determined by
the Village of Kenaston.
2. The fees for impounding an animal shall be $20.00 per day commencing at
12:00am.
3. In addition to the above costs, if an Animal does not have a current and
valid licence issued pursuant to Section 6 of this bylaw, an additional
charge of $20.00 per day shall be added to cover additional costs incurred
by the Village in attempting to determine the name of the Owner of the
Animal for the purpose of notifying the Owner that the Animal has been
impounded.
4. If a seized and impounded Animal does not have a license tag attached,
but is found to have a microchip, the fine as set out in Schedule "C" for
failure to attach tag and the costs for locating the Owner, as per subsection
3 of this schedule, shall be waived. Regardless of whether an Animal has a
microchip or not, all Animals require a license within the Village and are
subject to licensing fees as per Schedule "A".
5 In addition to the above costs, any actual costs of veterinary care provided to
the Animal while it is impounded shall be added to the fees and/or fines.
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SCHEDULE "C" -- PENALTIES
Offence
Penalty
(Fine)
Time of Issuance
(paid within 10
days)
After 10
days
Failure to licence an Animal
1st Offence
$50
$100
2nd Offence
$100
$200
3rd Offence
$250
$500
Failure to attach a valid licence
tag when an animal is off the
premises of the Owner
(with exception to micro-chipped
animals)
1st Offence
$50
plus licence
fee
$100
plus
licence
fee
2nd
Offence
$100
$200
3rd
Offence
$200
$400
Owning or harbouring any
prohibited animals
1st Offence
$100
$250
2nd
Offence
$250
$500
3rd
Offence
$500
$1000
Exceeding limit of allowable
animals on any one property
(harbouring)
$100 for each
animal exceeding
the limit, plus
incurred removal
costs
$200 for each
animal
exceeding the
limit, plus
incurred
removal
costs
Animal at large
1st
Offence
$50
$100
2nd
Offence
$100
$200
3rd
Offence
$250
$500
Chickens at Large
1st
Offence
$50
$100
2nd
Offence
$100
$200
3rd
Offence
$250
$500
Failure to comply with
regulations Of
off-leash areas.
1st
Offence
$50
$100
2nd
Offence
$100
$200
3rd
Offence
$250
$500
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SCHEDULE "C" -- PENALTIES Continued
Offence
Penalty
(Fine)
Time of Issuance
(paid within 10
days)
After
10
days
Failure to immediately remove
an animal's excrement
(defecation) from public property
or private property other than the
property of the Animal's Owner
1st Offence
$50
$100
2nd Offence
$100
$200
3rd Offence
$250
$500
Animal creating a nuisance or
acting in a threatening manner
1st Offence
$50
$100
2nd Offence
$100
$200
3rd Offence
$250
$500
Dog attack
Fines ranging from
$100 to $2,500
depending on
implied severity
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SCHEDULE "D"- PROHIBITED ANIMALS
It is prohibited in the Village of Kenaston to own the following:
a) Wildlife as defined in The Wildllfe Act, which means a vertebrate
Animal of any species, excluding fish that is wild by nature in
Saskatchewan and includes:
(i) any part, tissue, genetic material, eggs, sperm, embryos or
other forms of developmental life; and
(ii) any exotic wildlife found in Saskatchewan.
b) all Arachnids dangerous to humans (i.e. scorpions and tarantulas
except tarantulas of the genera Aphonopelma, Avicularia and
Grammostola)
c) all Artiodactylus Ungulates (i.e. deer and giraffes)
d) all Vespertilionidae (i.e. bats)
e) all Canids, except the domestic dog
f)
all Crocodilians (i.e. alligators and crocodiles)
g) all Edentates (i.e. anteaters and armadillos)
h) at! Elephants
i)
all Felids, except the domestic cat
j)
all Hyaenidae (i.e. hyenas)
k)
all Marsupials (i.e. kangaroos and opossums)
I)
all Mustelids (i.e. skunks, weasels, otters and badgers) except the domestic
ferret
m) all non-human Primates (i.e. gorillas and monkeys)
n) all Perissodactylus Ungulates (i.e. horses)
o) all Pinnipeds (i.e. seals and walruses)
p) all Procyonids (i.e. raccoons)
q) all Raptors, diurnal and nocturnal (i.e. eagles, hawks and owls)
r)
all Ratite Birds (i.e. ostriches and emus)
s) all snakes of the families Pythonidae (i.e. pythons) and Boidae (i.e. boa-
constrictors)
t)
all Ursids (i.e. bears)
u) all Venomous Reptiles (i.e. rattle snakes and cobras)
v) all Venomous Amphibians (i.e. toxic toads and toxic salamanders)
w) all Viverrids (i.e. mongoose, civets and genets)
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