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Bylaw No. 2022 - 02
THE DOG BYLAW
A BYLAW OF THE TOWN OF SOUTHEY FOR LICENSING DOGS
AND REGULATING AND CONTROLLING PERSONS OWNING
OR HARBOURING DOGS
1.
This bylaw may be referred to as the Dog Bylaw
1.
In this Bylaw:
(a) "Council" means the Council of the Town of Southey
(b) "Dogs" includes all species of the animal commonly known as
dogs, male or female, and of every breed or classifications or
mixture of breeds;
( c) "Kennel" means any structure used by any person for boarding or
otherwise caring for, training, or whelping dogs.
(d)"License Year" means the period from January 1 st to December
31 st of the year
( e) "Owner" means any person, partnership, association, or
corporation owning, possessing, harbouring, having charge of or
control over any dog, and includes a keeper of a dog;
(f) "Pound Keeper" means that person, corporation, society or
organization as may from time to time be appointed by the Town
of Southey for the purpose of retaining impounded dogs pursuant
to this Bylaw;
(g)"Running at Large" means off the premises of the owner, or when
not on a leash held by a person able to control the dog;
PART I-LICENSING OF DOGS
2. No owner of any dog shall be in possession of such dog unless such dog
has been licensed for the current license year.
3. (1)
The annual license fee charged for various kinds, species or breeds of
dogs, owned, possessed or harboured by any person while resident of the
Town of Southey, excepting Seeing Eye dogs or any dog used for police
work by the RCMP shall be in accordance with the schedule of fees
prescribed in schedule "A" attached to this bylaw.
(2)
Notwithstanding anything contained in this Bylaw, seeing eye dogs
used as a guide by a blind person shall be licensed, and the Town of Southey
shall issue the license without payment of the license fee.
4. (1)
The owner of every dog shall apply to the Town of Southey on or
before January 31 of each year to update their license to keep such dog
within the town, tendering with such application, the required one-time
fee for the life of the dog, according to Schedule "A" attached to this
Bylaw and upon the receipt thereof the administrator shall issue a
license for each dog owned by the owner.
(2)
Upon the first application for a license being received by the
Administrator, the administrator shall, in addition to issuing a license, issue
a tag for the dog.
5. Every applicant for license for a spayed bitch or emasculated male dog, shall
produce to the Town Administration, at the time of making applications, a
certificate of Veterinary surgeon, that such bitch has been spayed, or that
such dog has been emasculated.
6. All license fees required to be paid under this Bylaw shall be paid to the
Town of Southey Office, Southey, SK.
7. The tag issued by the Town shall bear a serial number and a record shall be
kept by the Town showing the name and address of the owner and a
description of each dog owned by him including its breed, colour, sex, age
and name and the serial number of the tag issued for each dog.
8. The owner shall ensure that a collar, and the tag issued by the Town are
worn by the dog when the animal is in town limits.
9. No person shall remove a collar or dog tag from a dog.
PART II- IMPOUNDING OF DOGS
10.(1)
Every owner whose dog is running at large is guilty of an offence and
liable on summary conviction to the penalties prescribed in this Bylaw.
(2)
No owner or other person shall use a leash greater than two (2) meters
in length on a dog, when such dog is off the premises of the owner, and
where a leash greater than two (2) meters in length is used by the owner or
any other person, the dog shall be deemed to be running at large.
11.For the purpose of impounding any dog found running at large in the Town
of Southey, a pound shall be established at such place or places as may from
time to time be designed by the Town Administration.
12.Any police constable may capture or seize any dog found running at large
contrary to the provisions of this Bylaw, and shall deliver such dog to the
pound, and it shall thereupon be impounded and kept for forty eight ( 48)
hours and if not claimed and redeemed by the owner, the dog may be sold
for the cost of boarding, vaccination against rabies and if applicable, license
fees, but if such impounded dog is not claimed and redeemed or sold within
a period of forty eight ( 48) hours, from the time of impoundment, the said
dog may be destroyed or disposed of by the Town or Pound Keeper.
13.Pound Fees shall be prescribed in Schedule "A", and shall be in addition to
any charges for food or otherwise, that the Pound Keeper may impose.
PART ID DUTIES OF DOG OWNERS
14.No owner or keeper of a dog shall permit his dog or dogs on any school
ground, playground or posted parkland area except when the owner or
keeper is attending a recognized training or obedience school for training his
dog.
15.Any owner or any dog found chasing any pedestrian, vehicle, horse or any
other animal, on a public thoroughfare shall be in violation of this Bylaw.
16.A female dog in heat shall be confined and housed in the residence of the
owner or person having control of the dog, or taken to a licensed kennel
during the whole period that the dog is in heat; except that a female dog may
be allowed outside the said residence for the sole purpose of permitted the
dog to defecate on the premises of the owner.
17. (I)
If a dog defecates on any public or private property including the
property of its owner, the owner or keeper shall cause such defecation to be
removed immediately.
(2)
where, under Subsection (a) of this section, the owner of a dog fails to
remove such defecation immediately, the owner shall be in violation of this
Bylaw.
18.No owner or keeper shall permit his dog or dogs to damage public or private
property.
19.(1) Every owner of a dog shall:
(a)
Provide his or her dog with a collar; and,
(b)
Keep the tag issued by the Town of Southey under the
provision of this bylaw securely fixed on the dog's collar at all
times.
20.Every person requested by the Town Administration to do so shall forthwith
deliver to him a statement in writing of the number of dogs owned by him.
PARTIV-GENERAL
21.Any person teasing a dog, enticing dog, baiting or throwing objects at a dog,
confined within its owner's property shall be in violation of this Bylaw.
22. The operation of any kennel with in the town is strictly prohibited.
23. The Pound Keeper or Town Administration shall keep a record of all dogs
impounded.
24. Where any dog is suspected of having rabies, such dog shall not be killed
but shall be secured and isolated for ten (10) days and the matter
immediately reported to a Veterinary, whose instructions shall be carried
out.
PART V- PENALTY PROVISIONS
25.(1)
Where a person committed or is alleged to have committed an offence
for which a penalty is set out in Schedule "B" of this Bylaw, a peace
officer or any other person authorized by the Town Council shall issue
a Notice of Violation from to such person using Column B.
(2)
The Notice of Violation shall be in the form or substantially in the
form of Form "l" and shall provide for the voluntary payment of a
penalty in the amount set forth in Column B of Schedule "B" for the
offence which the person is alleged to have committed.
(3)
Voluntary payment of a penalty specified in a Notice of Violation
shall be made on or before the date indicated on the Notice of
Violation. Voluntary payment shall be made in person to the Town of
Southey Office administration during normal business hours.
(4)
If payment of the amount specified on the Notice ofViolation is made
on or before the date indicated on the Notice of Violation, neither
the person alleged to have committed the offence nor owner of the
dog shall be liable to prosecution for the offence indicated.
(5)
If payment of the amount specified on the Notice of Violation is not
made or before the date indicated on the Notice of Violation, a peace
officer or other authorized person shall issue or cause to be issued a
Summons.
( 6)
The Summons shall be in the form or substantially in the form of
Form 2 and shall provide for the voluntary payment of a penalty in the
amount set forth in Column A of Schedule "B" for the offence which
the person is alleged to have committed. The Summons shall be
served by a peace officer or other authorized person.
(7)
Voluntary payment of a penalty specified in a Summons shall be
made on or before the date on the Summons. Voluntary payment shall
be made in person at the town office during normal business hours.
(8)
If payment of the amount specified on the Summons is made on or
before the date indicated on the Summons, neither the person alleged
to have committed the offence nor owner of the dog shall be liable to
prosecution for the offence indicated.
(9)
If payment of the amount specified on the Summons is not made on or
before the date indicated on the Summons, the person to whom the
Summons has been issued shall be liable to prosecution of the alleged
contravention of the Bylaw.
(10)
Nothing is this section shall be construed to prevent any person from
exercising his or her right to defend a charge of contravention of any
provision of this Bylaw.
REPEAL OF FORMER BYLAWS
That Bylaw No. 2 - 2015 is hereby repealed.
EFFECTNE DATE OF BYLAW
This Bylaw shall come into force and take effect of the final date of passing by Council.
READINGS:
Read a first time this I 0th day of May
, 2022
Read a second time this
I 0th day of May
, 2022
Read a third time this
I 0th day of
May
, 2022
Chief Admi1i trative Officer
1.
2.
SCHEDULE "A"
Bylaw No. 2022 - 02, the Dog Bylaw
Schedule of the License and Pound Fees
DOGS
1.
Life time fee
POUND FEES
All animals
Detainment fee-all animals
DOG TAG REPLACEMENT FEE
LICENSE FEE
$50.00
$40.00
$20.00
If a dog tag is lost, the cost for a replacement dog tag will be:
$5.00
NOTE: Pursuant to Section 13 of Bylaw No.2022 - 02, the License Fees and Pound
Fees prescribed in this Schedule are in addition to any charges for food or
otherwise, that the Pound Keeper may impose.
SCHEDULE "B"
Bylaw No. 2022-02, the Dog Bylaw
Offences for which a Notice of Violation May be Issued
Section#
Description of Offence
Column "A"
All Violations laid out in this Bylaw
Will result in a fine
1st Violation
$60.00
2nd Violation
$120.00
3rd Violation
180.00
AND so on and so forth ....
Column "B"
$40.00
$80.00
$120.00
FORM "1"
Bylaw No. 2022 - 02, the Dog Bylaw
Notice of Violation (Front)
NOTICE OF VIOLATION
Ticket No. ______ _
Issued by:
Date of Offence:
Name of Accused:
Address of Accused:
Location of Violation:
Description of Violation:
Description of Dog:
Voluntary Payment Amount:
Deadline for Voluntary Payment:
You are charged with a violation of the Town of Southey's Dog Bylaw
A voluntary payment may be paid at the Town Office with instructions on the back.
If payment is received on or before the deadline for voluntary payment (noted above), you will not be prosecuted
for this violation. Pleas also note that the voluntary payment is less than the full penalty prescribed by the Bylaw
for this offence.
Avoid prosecution by paying promptly. Unless payment is received by the Town of Southey in accordance with
the instructions contained herein, a Criminal Code (Canada) Summons will be issued commanding you to appear
in Court with respect to this matter. In addition, the penalty will increase to the maximum specified in the Bylaw
for this offence.
Payment instructions are on the back.
PAYMENT INSTRUCTIONS
1.
Make all cheques payable to the Town of Southey
2.
Do not mail cash. The Town of Southey assumes no responsibility for cash sent
through the mail, including out drop box on our building.
3.
Where a receipt is required, payment may be made in person to the Town
Office during normal business hours.
4.
Where a receipt is not required, payment can be mailed to Town of Southey,
Box 248, Southey SK S0G 4P0. Enclose ticket and payment in envelope
5.
Avoid prosecution by paying promptly. If prompt payment is not received in
accordance with the instructions contained herein, a Criminal Code (Canada)
Summons wiH be issued commanding you to appear in Court with respect to
this matter.
6.
The Voluntary payment provided herein is reduced from the fuJJ penalty
prescribed in the Dog Bylaw. If prompt payment is not received in accordance
with the instructions contained herein, the penalty wiH increase in accordance
with the provisions of the Dog Bylaw.
7.
For inquiries, please contact 306-726-2202.
Canada
FORM "2"
Bylaw No. 2022 - 02, the Dog Bylaw
Modified Criminal Code Summons
SUMMONS TO A PERSON
CHARGEDWITH A VIOLATION
Ticket No. _____ _
Province of Saskatchewan
Provincial Court, Regina, SK.
} ON BEHALF OF HER MAJESTICY IBE QUEEN
TO __________ Date of Birth: __ / __ / __ _
WHEREAS YOU HA VE BEEN CHARGED that, on or about the __ day of
A.D. _____ at the Town of Southey, in the Province of Saskatchewan, you did commit
the following offence:
Contrary to the provisions of the Dog Bylaw, being Bylaw No. 2-2015 of the said town.
IF VOLUNTARY PAYMENT IN THE AMOUNT OF ______ IS NOT RECEIVED
ON OR BEFORE _______ , YOU ARE COMMANDED, IN HER MAJESTY'S
NAME:
(1) to appear before the presiding judge of The Provincial Court of Saskatchewan at 2425
Victoria Avenue, Regina, Saskatchewan, on the __ day of ____ A.D. ___ at
____ o'clock in the ___ noon (Regina time) or before any justice for the said
Province who is there, and to attend thereafter as required by the Court in order to be
dealt with according to law: and
YOU ARE WARNED THAT FAILURE WITHOUT LAWFUL ECUSE TO ATTEND COURT
IN ACCORDANCE WITH TIDS SUMMONS IS AN OFFENCE UNDER SUBSECTION
145(4) OF IBE CRIMINAL CODE (CANADA).
DATED this _______ day of ________ A.D. ____ , at Southey in
the Province of Saskatchewan.
A JUSTICE OF THE PEACE IN AND FOR THE PROVINCE OF SASK.
SUMMONS TO A PERSON
CHARGEDWITH A VIOLATION
PAYMENT INSTRUCTIONS
1.
Payment may be made in person at the Town Office, 260 Keats Street, during normal
business hours.
2.
Payment may also be made by mailing this Summons, together with the exact amount of the
penalty specified therein for voluntary payment, to the following address:
Town of Southey
Box248
260 Keats Street
Southey, SK
SOG 4PO
3.
Payment must be received prior to the date specified in the summons. Voluntary
payment cannot, and will not, be accepted after the date specified for voluntary
payment. If you choose to send your payment by mail, it is your responsibility to ensure
that your payment is posted in sufficient time to be received prior to the date specified.
4.
Avoid prosecution by paying promptly. If payment is not received by the Town of
Southey in accordance with the instructions contained herein, a mandatory court
appearance is requii:ed at the time and place specified herein.
5 . You are warned that failure, without lawful excuse, to attend court in accordance with this
summons is an offence under subsection 145 (4) of the Criminal code (Canada), which
provides as follows:
( 4) Every one who is served with a summons and who fails, without lawful excuse, the proof
of which lies on him, to appear at a time and place stated therein, if any, for the purposes of
the Identification. of Criminal Act (Canada) or to attend Court in accordance therewith, is
guilty of:
(a) An indictable offence and is liable to imprisonment for a term not exceeding two
years; or
(b) An offence punishable on summary conviction. "
6.
For inquiries, please contact the Southey RCMP detachment at 306-726-5230