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BYLAW NO. 18 OF 2003
PAGE 1
CITY OF PRINCE ALBERT
BYLAW NO. 18 OF 2003
A Bylaw of The City of Prince Albert to regulate and control
Dangerous Animals.
NOW THEREFORE THE COUNCIL OF THE CITY OF PRINCE ALBERT
IN OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS:
SHORT TITLE
1.
This Bylaw may be cited as "The Dangerous Animals Bylaw."
PURPOSE
2.
The purpose of this Bylaw is as follows:
(1) To promote the safety, health and welfare of people and protection of
people and property in the City of Prince Albert; and
(2) To ensure the humane treatment of animals by regulating and
prohibiting the keeping of dangerous animals within the City of Prince
Albert.
DEFINITIONS
3.
In this Bylaw:
(1) "Act" means The Cities Act;
(2) "Animal Control Officer" mean a person employed by the City of
Prince Albert to enforce the provisions of this Bylaw;
(3) "City" means the City of Prince Albert;
(4) "Judge" means a judge in the Provincial Court of Saskatchewan or a
justice of the peace;
(5) "Owner" includes:
BYLAW NO. 18 OF 2003
PAGE 2
(a) A person who keeps, possesses or harbours an animal to which
this Bylaw applies;
(b) The person responsible for the custody of a minor where the
minor is the owner of an animal to which this Bylaw applies;
but does not include:
(c) A veterinarian registered pursuant to The Veterinarians Act, 1987
who is keeping or harbouring an animal to which this Bylaw
applies for the prevention, diagnosis or treatment of a disease or
injury to the animal;
(d) The City or the Prince Albert Society for the Prevention of Cruelty
to Animals with respect to an animal shelter or impoundment
facility;
(6) "Provocation" means an act done intentionally for the purpose of
provoking an animal to which this Bylaw applies;
(7) "SPCA" means the Prince Albert Society for the Prevention of Cruelty
to Animals.
APPLICATION
4.
This bylaw shall apply to domestic cats and dogs in the City.
DANGEROUS ANIMALS
5.
(1)
An animal is dangerous where it is proved that:
(a)
The animal, without provocation in a vicious or menacing
manner, chased or approached a person or domestic animal
in an apparent attitude of attack;
(b)
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;
BYLAW NO. 18 OF 2003
PAGE 3
(c)
The animal has, without provocation, bitten, inflicted injury,
assaulted or otherwise attacked a person or domestic
animal.
(2)
For the purposes of this Section, an animal is presumed not to have
been provoked, in the absence of evidence to the contrary.
EXEMPTION FOR GUARD DOGS
6.
No dog shall be considered dangerous where an action described in
Section 5 occurred while the dog was:
(1) Acting in the performance of police work; or
(2) Working as a guard dog on commercial property:
(a)
Securely enclosed on a property by a fence or other barrier
sufficient to prevent the escape of the dog and the entry of
children of tender years; and
(b)
Defending that property against a person who was
committing an offence.
FIGHTING ANIMALS CONSIDERED DANGEROUS
7.
Notwithstanding the generality of Section 5, an animal is dangerous where
it is proved that the animal is owned primarily or in part for the purpose of
fighting or is trained for fighting.
DANGEROUS ANIMAL HEARINGS
8.
(1)
If a complaint is made by a member of the public, or a peace officer
or designated office has reasonable grounds to believe that an
animal is dangerous, a judge shall hold a hearing to determine if,
based upon the evidence adduced at the hearing, the animal is, in
fact, dangerous;
(2)
Notice of the hearing referred to in subsection (1) shall be served
upon the owner of the animal;
BYLAW NO. 18 OF 2003
PAGE 4
(3)
In the case of an owner who is an individual, the notice referred to
in subsection (2) shall be served:
(a)
By delivering it personally to the owner; or
(b)
If the owner cannot conveniently be found, by leaving it for
the owner at the owners resident with a person at that
residence who appears to be at least 18 years of age;
(4)
In the case of an owner that is a corporation, the notice referred to
in subsection (2) shall be served;
(a)
By sending it by registered mail to the registered office of the
corporation; or
(b)
By delivering it personally to the manager, secretary or other
executive officer of the corporation of the person in charge of
any office or other place where the corporation carries on
business in Saskatchewan;
(5)
Where an owner does not appear at the time and place appointed
for the hearing after having been notified of that time or place, the
judge 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;
(6)
If the judge is satisfied, on the evidence, that the animal is
dangerous, the judge shall make an order embodying all of the
following terms:
(a)
If the owner removes the animal from the owner's property,
the owner shall leash it in accordance with the criteria
prescribed in Section 16 and keep it under direct control and
supervision;
(b)
In the case of a dog, if the owner removes the animal from
the owner's property, the owner shall, in addition to the
conditions set out in subsection (a), muzzle the animal;
(c)
The owner shall inoculate the animal against rabies in
accordance with the provisions of Section 17;
BYLAW NO. 18 OF 2003
PAGE 5
(d)
The owner shall report the sale or other disposition of the
animal to a designated officer appointed pursuant to Section
23;
(e)
Where the animal is moved to a different city or municipality,
the owner shall notify the clerk of that city or municipality;
(f)
Where the animal is to be sold or given away, the owner
shall:
i.
Notify any prospective owner that the animal has been
declared dangerous, before it is sold or given away; and
ii.
Notify a designated officer appointed pursuant to
Section 23 of the name, address and telephone number
of any new owner of the animal;
(g)
If the animal is unlicensed, the owner shall, at the owner's
expense and within ten days of the date of the order,
purchase the requisite licence for the animal;
(h)
The owner shall have the animal micro chipped in
accordance with Section 18.
(7)
An order pursuant to subsection (6) may also include any or all of
the following terms:
(a)
The owner shall keep the animal in an enclosure which
complies with the criteria prescribed in Section 19;
(b)
The owner shall obtain and keep in effect liability insurance in
an amount of not less than $300,000.00 for any bodily injury
to or death of any person or domestic animal, or for damage
to property, caused by the animal;
(c)
The owner shall display a sign, which complies with the
criteria prescribed in Section 20, on the owner's property
warning of the presence of the animal and shall continue to
display that sign in good condition so long as the animal is
present on the property;
(d)
The owner shall have the animal spayed or neutered;
BYLAW NO. 18 OF 2003
PAGE 6
(e)
The owner shall take such other measures as the judge
considers appropriate.
(8)
Notwithstanding subsection (6), a judge may, in the alternative,
order that the animal be humanely destroyed at the owner's
expense and shall issue directions with respect to the destruction or
other disposition;
(9)
Where an order has been made pursuant to subsection (7) against
the owner, the owner may apply to the judge who made the order
for an order that compliance with the provisions of subsection (7)(b)
be waived;
(10)
On the application pursuant to subsection (9), the judge may waive
compliance with subsection (7)(b), on any terms and conditions that
the judge considers reasonable, where the judge is satisfied that
the owner is unable to comply with the requirements of that clause
for a reason other than the owner's financial circumstances;
(11)
A person desiring to appeal an order pursuant to this Section shall,
within seven days of the order being appealed from, file a notice of
appeal with Her Majesty's Court of Queen's Bench, and the
provisions of Part XXVII of the Criminal Code apply with any
necessary modification.
OFFENCES AND PENALTIES
9.
(1)
Any person who owns an animal for the purpose of fighting or
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;
(2)
Any person who displays a prescribed sign warning of the presence
of a dangerous animal and who is not acting in accordance with an
order made pursuant to Section 8(7)(c) or has not received the
permission of the City to display the sign is guilty of an offence;
(3)
Any person who does not comply with any part of an order made
BYLAW NO. 18 OF 2003
PAGE 7
against him or her pursuant to section 8(6), 8(7), or 8(8) is guilty of
an offence.
(4)
Any person who owns an animal that, without provocation, attacks,
assaults, wounds, bites, injures or kills a person or domestic
animal, is guilty of an offence;
(5)
A person who is guilty of an offence pursuant to this Section is
liable on summary conviction:
(a)
In the case of an individual, to a fine not exceeding $10,000.00
or imprisonment for not more than one year, or both;
(b)
In the case of a corporation, to a fine not exceeding
$25,000.00, or imprisonment of the directors of the corporation
for not more than one year, or both;
(6)
In addition to imposing the penalty under subsection (5), the
convicting judge shall make an order embodying the requirements
of Section 8(6), 8(7) and 8(8).
ORDER BINDS SUBSEQUENT OWNER
10.
An order issued pursuant to Section 8 or 9 continues to apply if the animal
is sold or given to a new owner or is moved to a different municipality.
EXECUTION OF DESTRUCTION ORDER
11.
(1)
Unless the owner otherwise agrees, every order for destruction of
an animal shall state that it shall not be implemented for eight days;
(2)
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;
(3)
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.
BYLAW NO. 18 OF 2003
PAGE 8
RETURN OF ANIMAL
12.
Where the judge on appeal overturns the order for destruction of the
animal, the animal shall be released to the owner after the owner has paid
the costs of impoundment of the animal pending the hearing.
DESTRUCTION BY PEACE OFFICERS
13.
(1)
A peace officer as defined by the Criminal Code may destroy any
animal that the officer finds injuring or viciously attacking a person
or domestic animal;
(2)
Where the officer acted in good faith, a peace officer who destroys
an animal pursuant to subsection (1) is not liable to the owner for
the value of the animal.
ENTRY, SEARCH AND IMPOUNDMENT
14.
(1)
If a peace officer as defined by the Criminal Code or a designated
officer has reasonable grounds to believe that an animal that is
dangerous or has been ordered to be destroyed or otherwise
disposed of is in or on any premises, the peace officer or
designated officer may enter the premises and search for and
impound the animal in accordance with Section 327 of The Cities
Act pending outcome of the hearing referred to under Section 8
hereof;
(2) In the event that an animal is declared to be dangerous, the owner
shall pay any and all fees for impounding the animal and all
destruction fees as may be billed by the SPCA if the animal is
ordered destroyed;
(3) In the event that the owner fails to provide payment as prescribed in
subsection (2), and after all reasonable attempts have been made to
collect said payment, the City shall pay any and all fees relating to
the impoundment and or destruction of a dangerous animal to the
SPCA.
BYLAW NO. 18 OF 2003
PAGE 9
CHARGES MAY BE ADDED TO PROPERTY TAXES
15.
(1)
If a person owes the City for costs incurred by the City with respect
to a dangerous animal, the City may add the amount owing to the
tax roll of any parcel of land for which the person is the assessed
person;
(2)
If an amount is added to the tax roll of a parcel of land pursuant to
subsection (1), the amount:
(a)
Is deemed for all purposes to be a tax imposed pursuant to
The Cities Act from the date it was added to the tax roll; and
(b)
Forms a lien against the parcel of land in favour of the City
from the date it was added to the tax roll.
CRITERIA FOR MUZZLE AND LEASH FOR DANGEROUS ANIMALS
16.
Where an animal that has been declared dangerous pursuant to Section 8
is removed from the owner's property, the animal shall be secured
accordance with the following criteria:
(1)
In the case of a dog:
(a)
The animal shall be equipped with a muzzle that is properly
fitted on the animal to prevent it from biting any animal or
person, but which does not interfere with the vision or
respiration of the animal;
(b)
The animal shall be fitted with a collar or harness for the
body that is properly laced and fitted on the animal;
(c)
The movement of the animal shall be controlled by a person
by means of a leash attached to the collar or harness of the
animal;
(d)
The leash shall not exceed 1.2 metres in length and shall be
constructed of a material having a tensile strength of at least
40 kilograms;
(e)
The animal shall not be permitted in any area designated as
BYLAW NO. 18 OF 2003
PAGE 10
an off-leash area;
(2)
In the case of a cat:
(a)
The animal shall be fitted with a harness for the body that is
properly laced and fitted on the animal;
(b)
The movement of the animal shall be controlled by a person
by means of a leash attached to the collar or harness of the
animal;
(c) The leash shall not exceed 1.2 metres in length and shall be
constructed of a material having a tensile strength of at least
40 kilograms;
(d)
The animal shall not be permitted in any area designated as
an off-leash area.
INOCULATION OF ANIMALS
17.
(1)
Where an animal has been declared to be dangerous pursuant to
Section 8, the owner of the animal shall, at the owner's expense
and within ten days of the date of the order of the judge declaring
the animal to be dangerous, have the animal inoculated against
rabies by a veterinarian and provide proof to a designated officer
that the animal has been inoculated;
(2)
Where the owner of an animal provides proof that the animal has
been inoculated against rabies during the period of 12 months prior
to the date of the order, the owner is not required to comply with
subsection (1) until the expiration of 12 months from the date of
inoculation of the animal;
(3)
The owner of an animal shall have the animal inoculated within
each 12 month period following the inoculation mentioned in
subsection (1) or (2) during the lifetime of the animal.
BYLAW NO. 18 OF 2003
PAGE 11
MICRO CHIPPING OF DANGEROUS ANIMALS
18.
Where an animal has been declared dangerous pursuant to Section 8, the
owner of the animal shall, at the owner's expense and within ten days of
the date of the order, cause the animal to be micro chipped by the Prince
Albert Society for the Prevention of Cruelty to Animals.
ENCLOSURES FOR DANGEROUS ANIMALS
19.
If a judge orders pursuant to Section 8(7)(a) that an animal be kept in an
enclosure, the enclosure must comply with the following criteria:
(1)
The enclosure shall be constructed of wood or any other building
material of sufficient strength and in a manner adequate to:
(a)
Confine the animal; and
(b)
Prevent the entry of children of tender years;
(2)
The entrances and other areas by which entry to or exit from the
enclosure may be made shall be locked or fastened in a manner
adequate to prevent the animal from escaping from the enclosure;
(3)
The enclosure shall be at least 3 metres in length, 1.5 metres in
width and 1.8 metres in height;
(4)
The enclosure shall have a top secured to the sides of the
enclosure;
(5)
The enclosure shall:
(a)
Have a floor secured to the sides of the enclosure; or
(b)
The sides of the enclosure shall be embedded in the ground
to a depth of at least 0.6 metres;
(6)
The enclosure shall:
(a)
Provide protection from the elements for the animal;
(b)
Provide adequate light and ventilation for the animal; and
(c)
Be kept in a sanitary and clean condition.
BYLAW NO. 18 OF 2003
PAGE 12
SIGNS
20.
(1)
Where an animal has been declared dangerous pursuant to Section
8, the owner of the animal shall, within ten days of the date of the
order of the judge declaring the animal to be dangerous, display a
sign on his or her premises warning of the presence of the animal
in the form attached hereto and identified as Schedule No. 1;
(2)
A sign required by subsection (1) shall be placed at each entrance
to the premises where the animal is kept and on the enclosure in
which the animal is confined;
(3)
A sign required by subsection (1) shall be clearly visible and
capable of being read from any adjacent public road.
QUARANTINE OF ANIMALS
21.
Where an animal has bitten a person or domestic animal, the owner of the
animal shall, unless the animal is ordered humanely destroyed, quarantine
the animal for observation for symptoms of rabies for a period of not less
than ten days in accordance with the Animal Disease and Protection Act
(Canada).
RABIES TEST OF ANIMALS
22.
(1)
Every person who destroys an animal following the non-fatal biting
of a person or domestic animal, whether the destruction is pursuant
to an order of a judge or court or at the decision of the owner of the
animal, shall, if the destruction is carried out before the completion
of the quarantine period described in Section 21, retain the head of
the animal in a manner usable;
(2)
Where a person destroys an animal in the circumstances described
in subsection (1), the person shall immediately notify a veterinarian
or a peace officer that he or she is in possession of the head of an
animal to be tested for rabies.
BYLAW NO. 18 OF 2003
PAGE 13
APPOINTMENT OF DESIGNATED OFFICERS
23.
The Animal Control Officer and the Poundkeeper appointed by the Prince
Albert Society for the Prevention of Cruelty to Animals shall be designated
officers for the purposes of this Bylaw.
REPEAL OF BYLAWS
24.
Section 20 of Bylaw No. 29 of 1989 is hereby repealed.
COMING INTO FORCE
25.
This Bylaw shall come into force on the day of its final passing.
INTRODUCED AND READ A FIRST TIME THIS 25th DAY OF AUGUST, A.D. 2003.
READ A SECOND TIME THIS 22nd DAY OF SEPTEMBER, A.D. 2003.
READ A THIRD TIME AND PASSED THIS 22nd DAY OF SEPTEMBER, A.D. 2003.
"D. Cody"
"Charmaine Code"
MAYOR
CITY CLERK
BYLAW NO. 18 OF 2003
PAGE 14
Schedule No. 1
Sign to be Displayed by the Owner of a Dangerous Animal
Pursuant to Section 20 of the Dangerous Animal Bylaw, being Bylaw No. 18 of
2003
WARNING
DANGEROUS ANIMAL ON PREMISES
BYLAW NO. 18 OF 2003
PAGE 15
NOTICE OF SEIZURE OF DOG
Pursuant to Section 14(1) of the
Dangerous Animal Bylaw No. 18 of 2003
(Form A)
To
of Prince Albert,
Saskatchewan.
TAKE NOTICE that at
o'clock a.m. / p.m. on
,
20
, a
dog was seized at or near your property
located at
, Prince Albert, Saskatchewan,
believed to be owned by you or under your care and control.
The said dog(s) was seized pursuant to Section 14(1) of the Dangerous Animal
Bylaw by a designated officer or Peace Officer in Prince Albert, Saskatchewan,
having reasonable grounds to believe the dog was dangerous.
Your attendance is therefore required on Tuesday morning next at 9:30 am at the
Provincial Court House, 188 - 11th Street West, Prince Albert, SK, S6V 3B1 to
speak to the release of the dog and/or setting a time and date for a hearing to
determine whether the animal is dangerous.
The said dog is currently impounded at the City Pound located at
, in Prince Albert, Saskatchewan.
Dated this
day of
, A.D. 20
.
Designated Officer or Peace Officer