Dog & Cat Bylaw - Consolidated No. 2006-3073

Weyburn, Saskatchewan · adopted 2023-11-15

This is the exact embedded text of the captured official document. Snapshot 58ffb7258613 · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

- 1 - 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; - 2 - 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. - 3 - 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 - 4 - 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 - 5 - (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 - 6 - 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: