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TOWN OF WALDHEIM
BYLAW #1-2011
A BYLAW TO CONTROL ANIMALS IN THE TOWN OF WALDHEIM
The Council of the Town of Waldheim in the Province of Saskatchewan enacts as follows:
1.
This bylaw shall be known as the "Animal Control Bylaw".
2.
DEFINITIONS
In this bylaw, the following definitions apply:
a)
Administrator - means the administrator for the Town of Waldheim.
b)
Bylaw enforcement officer - means the person or persons appointed or contracted by the
Council of the Town of Waldheim for the purpose of enforcing the provisions of this bylaw.
c)
Cat - means a male or female cat or a male or female kitten over eight (8) weeks of age.
d)
Council - means the Council of the Town of Waldheim.
e)
Dog - means a male or female dog or a male or female puppy over eight (8) weeks of age.
f)
Dangerous dog - means
i)
any dog that, without provocation, in a vicious or menacing manner, chases or
approaches a person or domestic animal in an apparent attitude of attack;
ii)
any dog with 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
any dog that, without provocation, has bitten, inflicted injury, assaulted or otherwise
attacked a person or domestic animal;
iv) any dog which is owned primarily or in part for the purpose of dog fighting or is trained
for fighting.
g)
Municipality or town - means the Town of Waldheim.
h)
Owner - includes:
i)
a person, persons, partnership, association or corporation who keeps, possesses,
harbours or has care of or control of a dog or cat;
ii) the person responsible for the custody of a minor where the minor is the owner of a
dog or cat.
i)
Pound - means such premises and facilities as may be designated by the Council of the Town
of Waldheim for the purpose of safely lodging and securing animals seized pursuant to this
bylaw.
j) Poundkeeper - means a person designated by the Town of Waldheim from time to time to
maintain and administer the pound.
k) Person - means and includes an individual(s), partnership, association or corporation.
l) Restricted dog - means:
i)
pit bull terrier, American pit bull terrier, pit bull, Staffordshire bull terrier, bull
terrier, American Staffordshire terrier, doberman pinscher, rottweiler, Rhodesian
ridgeback, wolf hound, wolf cross, coyote cross, bulldog, bull mastiff or any dog of mixed
breeding which includes any of the aforementioned breeds (which can be identified
through its physical characteristics) or, a dog declared dangerous under Section 375 of
The Municipalities Act.
BYLAW #1-2011
Page 2
ii) any dog that has been trained as a guard dog where such training involves physical attack
on an intruder when such animal is not engaged in guarding a business premise.
m) Running at large - means when the dog or cat is beyond the boundaries of the land occupied by
the owner, possessor, harbourer or keeper of the said dog or cat, or beyond the boundaries of
any lands where it may be with the permission of the owner or occupant of the said land and is
not under control by being:
i)
on a leash or harness and in direct and continuous charge of a person competent to
control it; or
ii)
securely confined within an enclosure; or
iii) securely fastened so that it cannot roam at will.
3.
REGISTERING
a)
Every owner of a dog or cat within the town shall cause each such dog or cat to be registered
with the Town Office. At the time of registering, the applicant shall provide the Town Office
with
a physical description of the dog or cat, the breed of the dog or cat, the name,
address and telephone number of the owner of the dog or cat, as set out in the form
designated Form "A" and attached hereto, and in the case of a dog, a rabies certificate valid
for the registration year .
b)
The registration year for dogs and cats shall be from the first day of January to the thirty-first
day of December of the same year.
c)
Every owner of a dog or cat shall, no later than February first in each year, register the said
dog or cat at the Town Office, and failure to do so shall constitute an offence under this
bylaw.
d)
In addition to the registration requirements laid down in Section 3(a)(b)(c), the owner of a
dog or cat shall pay an annual registration fee as set out in Schedule "A" attached hereto.
e)
The sum payable for a registration fee required after the thirty-first day of July in a calendar
year shall be calculated at fifty percent of the annual fee and shall expire on the thirty-first
day of December in the same calendar year.
f)
Any dog or cat registration certificate or applicable fee issued pursuant to the provisions of
this bylaw by the town shall not be transferable to any other dog or cat.
g)
Notwithstanding Section 3(d), a restricted dog which has been professionally trained to assist
the physically challenged or those suffering from chronic, life-threatening diseases including,
but not limited to, epilepsy, diabetes, blindness and wheelchair confinement, shall not be
subject to a registration fee.
h)
The provisions of this section shall not apply to the dogs kept, in the ordinary course of
business, by the proprietors of the following premises:
i)
a veterinary hospital, clinic, boarding kennel or grooming parlour;
ii)
a public pound;
iii)
a shop whose business includes the sale of pets;
iv)
a shelter operated by an association or society incorporated for the purpose of the
protection and humane treatment of animals.
i)
A person residing in the town who owns, possesses, keeps or harbours a dog or cat and
neglects or refuses to register or pay any applicable registration fee shall be subject to the
penalties as outlined in Schedule "A" of this bylaw.
BYLAW #1-2011
Page 3
4.
RUNNING AT LARGE
a) The owner of a dog or cat shall not at any time allow the dog or cat to run at large within the town.
b) When a dog or cat is found to be running at large, its owner is deemed to have failed or refused to
comply with the provisions of this section.
c) Where a dog or cat is found to be running at large, the owner or occupant of that property on
which the dog or cat is running at large may make a written complaint to the bylaw enforcement
officer.
5.
SEIZURE AND IMPOUNDING
a)
A bylaw enforcement officer or peace officer may seize and impound any dog or cat observed to
be at large.
b)
A bylaw enforcement officer or peace officer may enter onto land surrounding any building in
pursuit of any dog or cat which has been observed to be at large.
c)
The bylaw enforcement officer is hereby authorized to seize and capture, by any humane method,
and impound any dog or cat running at large contrary to the provisions of this bylaw.
d)
Any person may take any dog or cat found running at large contrary to the provisions of this bylaw
to the Town pound.
e)
Any person may be issued a cat trap upon execution of an agreement as set out in designated
Form "A", and such person shall abide by the terms of the cat trap permit agreement.
f)
No person, whether or not he is the owner of a dog or cat which is being or has been pursued or
seized, shall:
i)
interfere with or attempt to obstruct a bylaw enforcement officer who is attempting to seize
or has seized any dog or cat in accordance with the provisions of this bylaw;
ii)
unlock or unlatch or otherwise open the vehicle in which dogs or cats seized under this bylaw
have been placed so as to allow or attempt to allow any dog or cat to escape therefrom.
iii) remove or attempt to remove any dog or cat from the possession of the bylaw enforcement
officer.
6.
POUND
a)
The Council shall endeavour to appoint a poundkeeper.
b)
All dogs and cats impounded in the pound shall be so confined therein for a period of 72 hours
from the time of capture during which time the owner thereof shall have the right to repossess the
said dog or cat upon paying to the Town Office the amount set forth in Schedule AB@ to this bylaw.
c)
No dog or cat which is impounded shall be released to its owner or to any other person until the
appropriate pound fee is paid, and until it has been registered.
d)
When a dog or cat has been impounded, the Town Office shall immediately attempt to contact the
owner as shown in the records made when the dog or cat was registered at the address shown
therein, that unless the said dog or cat is claimed and the fees as provided for in this bylaw are
paid within 72 hours from the date of the impounding, the said dog or cat shall be dealt with
pursuant to the provisions of the bylaw.
_____ _____
BYLAW #1-2011
Page 4
e)
All impounded dogs or cats which are not claimed within 72 hours as aforesaid, may be sold by the
Town Office to any person paying for such dog or cat, a sum of not less than $35.00 for the use of
the Town pound plus the cost of registering as provided for by this bylaw. In the event any dog or
cat is not sold after expiration of the said 72 hours, it shall be disposed of in the most humane way
possible.
f)
It shall be the duty of the poundkeeper to provide each dog or cat impounded under the authority
of this bylaw an adequate supply of food and fresh water and proper shelter during its confinement
in the pound on a daily basis.
g)
Any dog or cat found in any public street, lane, park, boulevard or other public place or otherwise
running at large contrary to the provisions of this bylaw, the bylaw enforcement officer or peace
officer may seize and impound by any humane method.
7.
STERILIZATION OF CATS
a)
It shall be unlawful for any person to be or become an owner of a cat that is actually or apparently
over six months of age unless the cat has been sterilized.
b)
If a cat, with or without identification, has not been sterilized, the person claiming ownership may
be cited by the bylaw enforcement officer for a violation of Section 7 a). The penalty for
violating Section 7 a) shall be waived upon proof that the cat has been sterilized being furnished to
the bylaw enforcement officer within 30 days after the date the citation was issued.
8.
LITTER - DOGS AND CATS
a)
If a dog or cat defecates on any public or private property other than the property of the owner,
possessor or harbourer of the said dog or cat, the owner, possessor or harbourer of the dog or cat
shall cause such defecation to be removed immediately and disposed of in a sanitary fashion.
Failure to cause such removal shall be an infraction of this bylaw.
b)
Defecations deposited on the private property of the owner, possessor or harbourer of a dog or
cat shall be removed and disposed of in a sanitary manner on a weekly basis.
9.
NUISANCE
a)
The owner, possessor or harbourer of a dog shall not allow the animal to create a nuisance to any
person by barking, howling, attempting to bite or biting anyone or any domestic animal, chasing
vehicles or bicycles and any owner, possessor or harbourer who contravenes this section commits
an offence under this bylaw.
b)
The owner, possessor or harbourer of a cat shall not allow the animal to create a nuisance to any
person by howling, hissing or otherwise making disruptive noises or by urinating, defecating or
spraying on or otherwise damaging or interfering with any property other than the property of the
owner, possessor, or harbourer. Any owner, possessor or harbourer who contravenes this section
commits an offence under this bylaw.
BYLAW #1-2011
Page 5
c)
Where a dog or cat is found to be creating a nuisance, the owner or occupant of that property on
which the dog or cat is creating a nuisance may make a written complaint to the bylaw
enforcement officer.
10.
RABIES AND OTHER DISEASES
a)
Any dog or cat suspected of having rabies shall not be killed but shall be secured and isolated for
ten (10) days and the matter immediately reported to a veterinary clinic whose instructions shall
be complied with.
b)
An owner, possessor or harbourer of a dog or cat who neglects or refuses to comply with any
order of the veterinary clinic shall be guilty of an infraction of this bylaw.
11.
DANGEROUS DOGS
a)
Where a complaint is received by the Town Office that a dog within the town is dangerous,
Section 375 of The Municipalities Act, shall apply.
12.
RESTRICTED DOGS
a)
Requirements for obtaining and maintaining a registration for a restricted dog are as follows:
i) An owner of a restricted dog shall maintain in force a policy of liability insurance providing
third-party liability coverage in a minimum amount of $500,000.00 for injuries caused by the
owner's restricted dog. The owner shall provide a photocopy of the said liability insurance
policy to the Town Office when applying for a restricted dog registration.
ii) Within one month after the passage of this bylaw, the owner of a restricted dog shall provide
the Town Office with a photocopy of such liability policy before he or she may register a
restricted dog.
iii) At all times while a restricted dog is on the premises of its owner, the owner shall either
keep such dog confined indoors under the effective control of a person over the age of
sixteen (16) years, or confined in a securely enclosed and locked pen or other structure built
to prevent the escape of the restricted dog and capable of preventing the entry of young
children.
iv) Such pen or enclosure shall have secure sides and top and if the bottom is not secured to
the sides, the sides must be embedded in the ground to a minimum depth of one (1) foot. If
the dog shows a propensity for trying to escape from the pen or enclosure by digging, the
enclosure or pen shall be constructed so as to prevent this.
v) When any restricted dog is off the premises of the owner, the owner shall securely muzzle
such dog and either harness it or leash it securely to effectively prevent it from attacking
and injuring any person or domestic animal and ensure that it is under the complete control
of a competent person.
vi) The owner shall display a sign on his/her property warning of the presence of the dog.
Example - "BEWARE OF DOG".
_____ ____
Bylaw 2007-03
Page 6
13. LIVESTOCK AND POULTRY
a) For purposes of this section, the following definitions shall apply:
i)
livestock - means any domestic animal usually raised for sale and profit, including but not
necessarily limited to:
(1)
an animal as defined in Section 2(b) of The Stray Animals Act; or
(2)
an animal as defined in Sections 2 and 3 of The Stray Animals Regulations, 1999.
ii)
poultry - means:
(1)
domestic fowl usually propagated and fattened for the table and for their eggs,
feathers, etc. including, but not limited to chickens, geese, ducks, turkeys, guinea fowl;
or
(2)
pigeons of the species Columba livia, commonly known as the domestic pigeon, and
includes pigeons raised for the purpose of racing, show, table and pets and includes
feral pigeons.
b) No person shall possess, harbour, confine, herd, ride, walk or graze or allow to graze any livestock or
poultry within the limits of the town.
c) Section 13(b) shall not apply to livestock and poultry brought into town for the duration of a council
authorized special event at which the said livestock and poultry will be used for purposes of
exhibition or performing at a special event.
14. GENERAL PENALTY
A person who contravenes any provision of this bylaw or neglects or refuses to comply therewith shall be
guilty of an offence and liable upon summary conviction to a fine of not less than $250.00 and not more
than $2,000.00.
15. PENALTY
a) Where any person has committed or alleged to have committed a breach of any of the provisions of
this bylaw, a ticket in the form designated Form "C" attached to and forming a part of this bylaw,
may be served on such person by the bylaw enforcement officer.
b) A person to whom a ticket is being issued pursuant to this section shall furnish the bylaw
enforcement officer with his/her name and address upon request.
c) Notwithstanding Section 14, a person who contravenes any provision of this bylaw, upon being
served with a ticket, may voluntarily pay the prescribed penalty as set forth in Schedule AC@ to this
bylaw.
d) If the Town receives voluntary payment of the prescribed penalty within seven (7) days from the date
the ticket was issued, the person receiving the ticket shall not be liable for prosecution for the
offence.
_____ ____
Bylaw 2007-03
Page 7
e) If the person who has committed or is alleged to have committed a breach of any section of this
bylaw fails to pay the specified fine within the time allowed following service of the ticket, the
provisions of this section no longer apply and the person shall be liable to prosecution for the
offence.
f) It shall be an offence for any person to harass, threaten, use excessive profanity towards, or to
disobey a "Bylaw Enforcement Officer".
16. SEVERABILITY
a) A decision of the court that one or more of the provisions of this bylaw are invalid in whole or in part
does not affect the validity, effectiveness or enforceability of the other provisions or parts thereof
with respect to this bylaw.
_________________________________
Mayor Barbara Schultz
( S E A L )
_________________________________
Chief Administrative Officer D. Chris Adams
SCHEDULE "A" TO BYLAW #1-2011
Annual registration fee {Section 3(d)}
Restricted dogs
$ 50.00
Non-restricted dogs
$ 10.00
Cats
$10.00
SCHEDULE "B" TO BYLAW #1-2011
Section 6(b) Dog or Cat Pound Fees
Impoundment:
First offence
$ 40.00 plus $5.00 per day or part thereof
Subsequent offences
$ 80.00 plus $5.00 per day or part thereof
within 12 months
SCHEDULE "C" TO BYLAW #1-2011
PENALTIES - NON-RESTRICTED DOGS
- CATS
Offences
Section Offence
First Subsequent
If paid within 7 days of date of issue of the notice of violation:
3(c)
Failure to register
$ 20.00
$ 40.00
4(b)
Running at large
$ 25.00
$ 50.00
7
Failure to sterilize cat
$ 25.00
$ 50.00
8
Failure to remove defecation
$ 25.00
$ 50.00
9 (a)
Nuisance dogs
$ 25.00
$ 50.00
9 (b)
Nuisance cats
$ 25.00
$ 50.00
Falsifying breed of dog when registering
$ 50.00
$ 100.00
If paid after 7 days of the date of issue of the notice of violation:
All offences as listed above
$ 150.00
$ 300.00
PENALTIES - RESTRICTED DOGS
3(d)
Failure to obtain and keep in force
registration fee
$ 250.00
$ 500.00
11
Failure to maintain a policy of liability insurance
$ 250.00
$ 500.00
11
Failure to confine in proper enclosure when on
owners, possessors or harbourers premises
$ 250.00
$ 500.00
11
Failure to muzzle and harness or leash when
off premises of owner, possessor or harbourer
$ 250.00
$ 500.00
11
Failure to prevent from running at large
$ 250.00
$ 500.00
PENALTIES - GENERAL
15(f)
Harass, threaten, use excessive profanity or
disobey a Bylaw Enforcement Officer
$100.00
Form "A" - Bylaw #1-2011
{Section 3 a)}
DOG and CAT REGISTRATION FORM
Name of Owner:
Address (mailing):
(civic)
Phone number:
Dog or Cat
(circle One)
Tag #
Breed of dog or cat:
Physical description:
Rabies Certificate provided (for dogs only) Yes / No (attached copy)
For restricted dogs only:
Liability insurance policy of $500,000.00 in place Yes / No (attached
copy)
$50.00 registration fee paid: Receipt #