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C I T Y O F W E Y B U R N
BYLAW NO. 2006-3073
(Consolidated - 2008-3114, 2010-3169, 2013-3273, 2023-3465)
A BYLAW OF THE CITY OF WEYBURN TO REGULATE AND
CONTROL THE OWNERSHIP AND POSSESSION OF DOGS
AND CATS WITHIN THE CITY OF WEYBURN
WHEREAS the City of Weyburn is empowered by Section 8(1)(k) of The Cities Act,
to regulate and control persons owning or harbouring any animal or class of animal within
the City of Weyburn;
NOW THEREFORE, the Council of the City of Weyburn, in the Province of
Saskatchewan, enact as follows:
I.
DEFINITIONS
In this Bylaw, unless the context otherwise requires, the expression:
1.
"Animal Control Officer" shall mean that individual(s) who may be appointed
from time to time by the Mayor and the City Manager.
2.
"City" shall mean the municipal corporation of the City of Weyburn.
3.
"Council" shall mean the Council of the City of Weyburn.
4.
"Dogs" or "Cats" shall mean all species of the animals commonly known as
dogs and cats and includes the female as well as male of every breed or
classification or mixture of breeds.
5.
"Kennel" means any structure other than a dwelling house situated within
the City in accordance with the Zoning Bylaw of the City as amended, and
includes any structure used by any person for boarding or otherwise caring
for, training or helping dogs exceeding two dogs in number over the age of
six months, whether or not for reward, but shall not include any premises
occupied by a duly qualified Veterinary Surgeon for the practice of his
profession.
6.
"Magistrate" shall mean a Judge of the Provincial Court of Saskatchewan.
7.
"Medical Health Officer" shall mean a Medical Health Officer appointed
under the Health Services Act or Public Health Act.
8.
"Owner" shall mean and include any person owning, possessing or
harboring a dog or cat.
9.
"Pound Keeper" shall mean that organization or individual(s) as may from
time to time be appointed by the Mayor and the City Manager for the
purpose of retaining impounded dogs or cats.
10.
"Run at Large" or "Running at Large" means off the premises of the owner
and not on a leash held by a person able to control the dog. The leash shall
be no longer than six (6) feet.
No owner shall permit a dog to be anywhere than on the owner's premises
unless the dog is on a leash and is under the immediate charge and control
of some competent person.
Where an off-leash area is established as per Appendix "A" attached here
to, an owner shall comply with the following rules and any violation thereof
shall constitute an offence under this bylaw:
a)
an owner shall be responsible for all actions of his or her dog;
b)
an owner shall be present and within view of his or her dog;
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c)
an owner shall remove his or her dog from the area at the first sign of
aggression;
d)
an owner shall ensure that his or her dog is under voice control while
off leash, namely, come when called;
e)
an owner shall have a leash in his or her hand at all times;
f)
female dogs in heat shall not be allowed to enter or remain;
g)
dangerous or aggressive dogs shall not be allowed to enter or
remain;
h)
any holes dug by a dog shall be filled by the owner;
i)
off leash areas will be open for use during the hours posted at each
site
11.
"Nuisance" includes fighting with other cats, defecating or spraying on
private property without the permission of the owner or occupant of the
property, howling or hissing at night, digging in flower beds or garbage
containers and trespassing on private property.
II.
RESPONSIBILITY OF OWNER
1. No owner shall permit any dog or cat to run at large in the City.
III.
IMPOUNDING DOGS AND CATS
1.
For the purpose of impounding any dog or cat found running at large in the
City, a pound shall be established at such place or places as may from time
to time be designated by the Mayor and the City Manager, and the Mayor
and the City Manager shall from time to time appoint one or more Pound
Keeper, and fix their remuneration.
2.
Pound fees may be set from time to time by resolution of Council.
3.
The Mayor and the City Manager may appoint a Pound Keeper and an
Animal Control Officer to perform duties under the terms of this Bylaw and
subject to any regulations made by Council, to be under the direction of the
Chief of Police, provided that one person may be both Pound Keeper and
Animal Control Officer.
4.
The Animal Control Officer or any Police Constable may capture or seize
any dog or cat found running at large contrary to the provisions of this
Bylaw, and shall deliver such dog or cat to the pound. All dogs or cats
impounded in the pound shall be so confined for a period of seventy-two
(72) hours, and if not claimed and repossessed by the owner may be sold
for the cost of boarding and vaccination against rabies, but if such
impounded dog or cat is not claimed and repossessed or sold within a
period of seventy-two (72) hours from the time of impoundment, the said
dog or cat may be destroyed or disposed of at the direction of the person
designated by the Mayor and the City Manager. Any person claiming and
repossessing an impounded dog or cat shall provide proof of current
vaccination against rabies. If such proof is not provided, the owner shall be
required to pay the cost of vaccination against rabies and pay the pound
fees before the dog or cat may be repossessed.
5.
Where an Animal Control Officer receives a complaint of a nuisance caused
by a cat, the Animal Control Officer may at his discretion, during the period
commencing on the 1st day of April and ending on the 1st day of October in
each calendar year:
(a)
issue a trap to the complainant upon execution by the complainant of
an agreement as set out in Schedule "A" to this Bylaw; or
(b)
if deemed necessary by the Animal Control Officer he may seize and
impound any cat found causing a nuisance.
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Where a trap is issued to the complainant, he shall:
(a)
abide by the terms of the Cat Trap Permit Agreement.
(b)
personally check the trap each hour while the trap is set.
(c)
in the event a cat is trapped, immediately contact the Animal Control
Officer, who may impound the cat.
6.
When any dog or cat is captured and impounded, the Pound Keeper shall
post a notice on a Notice Board at the Weyburn Humane Society, giving a
description of the said dog or cat, the date when it was impounded, and the
date and hour when it will be sold or destroyed. Such notice shall be posted
seventy-two (72) hours before the said sale or destruction.
7.
The Pound Keeper shall keep a record of all dogs and cats impounded and
of the disposition made of the said dogs and cats and shall make a monthly
return to the Chief of Police.
IV.
NUMBER OF DOGS AND CATS PERMITTED
1.
No household shall possess or harbour more than three (3) dogs or three (3)
cats or a combination of both, for a total of three (3), over the age of six
months, except for dogs or cats kept in the ordinary course of business by
the proprietors of the following premises:
(a)
a veterinary hospital, clinic, or boarding kennel, or grooming parlour
approved under the City of Weyburn Zoning Bylaw.
(b)
a public pound approved under the City of Weyburn Zoning Bylaw.
(c)
a shop or breeder whose business includes the sale of pets and who
has been approved as a commercial kennel under the City of
Weyburn Zoning Bylaw.
(d)
a shelter operated by an association or society incorporated for the
purpose of the protection and humane treatment of animals approved
under the City of Weyburn Zoning Bylaw.
V.
DANGEROUS DOGS OR CATS
1.
If upon information or complaint it is alleged that a dog or cat has bitten or
attempted to bite any person or domestic animal, and if it appears to a
Judge or Justice of the Peace having disposition of the information or
complaint that the dog or cat is dangerous, the Judge or Justice of the
Peace may make an Order directing that the dog or cat be kept by the
owner or keeper under proper control or destroyed, and that a person failing
to comply with such an Order shall be liable of a fine of not less than $25 per
day or more than $250 for each day during which the failure continues.
When a dog or cat is ordered to be destroyed, the Judge may by the same
Order direct a named person to destroy the dog or cat.
Provided that in the event the owner or keeper of the dog or cat cannot be
ascertained by the Judge or Justice of the Peace, the Judge or Justice of
the Peace may direct any person to seize and destroy such dog or cat.
Provided further 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 the Medical Health Officer whose instructions shall
be carried out.
2.
Every dangerous dog or cat that is found off the premises upon which it is
habitually kept and not under the control of any person that has bitten or
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attempted to bite any person or domestic animal, may be killed by the Chief
of Police or his designate.
VI
KENNEL
1.
The operation of any kennel within the City shall conform to the City of
Weyburn Zoning Bylaw as amended from time to time.
VII
ANIMAL ABANDONMENT
1.
No person shall willfully fail to provide shelter or care to an animal in such a
way as to desert or abandon such animal for which that person is an owner.
2.
No person shall abandon any animal on the property of the Weyburn
Humane Society without formally surrendering such an animal to the
Weyburn Humane Society and paying all surrendering fees as charged by
the Weyburn Humane Society.
3.
No person shall willfully fail to claim an animal that is being held at the
Weyburn Humane Society and for which he is an owner.
VIII
MISCELLANEOUS OFFENCES
1.
Any owner, possessor or harbourer of any dog that has bitten or attempted
to bite any person or animal, or is found chasing or barking at any
pedestrian, vehicle or animal on a public thoroughfare, shall be in violation
of this bylaw.
2. Any person who owns, keeps or harbours any dog which by loud and
frequent howling or yelping, or any cat which by loud and frequent
caterwauling, or in any other manner or way causes annoyance or
disturbance to inhabitants of the City, shall be in violation of this bylaw.
If, at the time of the offence, the owner is not available to stop a
continuation of the offence, the Animal Control Officer or any peace
officer may seize the animal and deliver such animal to the pound. All
dogs or cats seized and kept in the pound shall be so confined for a
period of seventy-two (72) hours, and if not claimed and repossessed by
the owner may be sold for the cost of boarding. If such impounded dog
or cat is not claimed and repossessed or sold within a period of seventy-
two (72) hours from the time of impoundment, the said dog or cat may be
destroyed or disposed of at the direction of the person designated by the
Mayor or City Manager. The owner shall be required to pay the cost of
pound fees before the dog or can may be repossessed.
3.
Any person teasing a dog or cat, enticing a dog or cat, or baiting or throwing
objects at a dog or cat confined within its owner's property shall be in
violation of this bylaw.
4.
Every person having ownership or control of a dog or cat shall immediately
remove all excrement left by such dog or cat in any public place in the City
or in any private place in the City to which access has not been expressly
permitted by the owner or occupant thereof. Any such person failing to
immediately remove such excrement shall be in violation of this Bylaw.
IX
PENALTY
1.
Any person guilty of a breach of any of the provisions of this Bylaw shall on
conviction thereof, be liable to a penalty of not less than Forty ($40) Dollars
nor more than Five Hundred ($500) Dollars and, in default of payment of any
such fine imposed, be liable to imprisonment for a term not exceeding thirty
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(30) days.
2.
Voluntary Payment - A violator of the Bylaw who has been served with a
summons and who wishes to plead guilty may deliver the summons and an
amount equal to the specified penalty sum for the offence to a place
indicated on the summons on or before the date specified on the summons.
3.
The Notice of Violation shall be in such form as provided by the Summary
Offence Procedure Act 1990.
4.
Any person found in breach of Section IV.1 of this bylaw shall immediately
comply with the bylaw or be subject to a penalty as set out in this Section. If
deemed necessary by the Animal Control Officer, the Animal Control Officer
may seize and impound any cat(s) or dog(s) in excess of the number set out
in Section IV.1.
X
REPEAL OF FORMER BYLAWS
1.
Bylaw No. 97-1942 and amending Bylaws No. 97-1945 and No. 99-2017 are
hereby repealed.
READ a first time this 8th day of May , 2006.
READ a second time this 8th day of May , 2006.
READ a third time this 8th day of May , 2006, and passed.
MAYOR
CITY CLERK
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SCHEDULE "A" TO BYLAW NO. 2006-3073
CAT TRAP PERMIT
DATE:
TRAP NO.: ______
The undersigned agrees to the following terms and conditions:
To place the cat trap only on his or her property which is within the City of Weyburn.
To personally check the cat trap each hour while the trap is set.
In the event a cat is trapped, to immediately deliver the cat to the Weyburn Humane
Society at #57 - 16th Street N.E. In the event the Humane Society is closed, the cat may
be held until the Humane Society re-opens, but in no event for longer than twenty-four (24)
hours. Where a cat is held, the undersigned is responsible for the humane treatment and
shelter of the cat including feeding and watering. A captured cat should be left in the trap
and placed in a shed, garage, basement or other place that is warm, dry and secure with a
blanket placed over the trap to pacify the animal. Do not attempt to remove an unfamiliar
cat from the trap - this will be done by the Pound Keeper. If the undersigned cannot
comply with this condition, the trapped cat must be freed unharmed.
To ensure that no harm comes to any trapped cat while in their possession, including
exposure to inclement weather.
Cat traps are not to be used when the temperature falls below 0 degrees Celsius or rises
above 25 degrees Celsius.
An Animal Control Officer may enter the property of the undersigned to ensure the trap is
being used properly;
To advise the Pound Keeper or Animal Control Officer of the ownership of any cat trapped,
if known.
To be responsible for the trap, including the cost of repair or replacement if damaged, lost
or stolen. The trap is to be returned in a good and clean condition.
Traps must not be set on statutory holidays as the Animal Control Office is closed.
The trap is to be returned to the Animal Control Officer two days after issuance.
* IT IS A CRIMINAL OFFENCE TO HARM ANY DOMESTIC ANIMAL *
Address of intended location of trap: __________________________________________
I understand and accept all liability which may arise in connection with the use of this cat trap
while it is in my possession and will save and indemnify the City of Weyburn for all such liability.
Signature:
Name of Complainant:
Address of Complainant:
TRAP RETURNED:
Date:
Received by:
Remarks: