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THE VILLAGE OF HAINES JUNCTION
Bylaw #83-95
A Bylaw of the Village of Haines Junction to provide for the control of animals within the
municipality.
WHEREAS Section 288 of the Municipal Act provides for the regulation and controlling of
animals,
WHEREAS Section 383 (3) of the Municipal Act provides that Council may provide for the
appointment of enforcement officers;
WHEREAS Section 291 of the Municipal Act provides for the regulation of noises;
NOW THEREFORE the Council of the Municipality of Haines Junction in open meeting
assembled, hereby ENACTS AS FOLLOWS:
SHORT TITLE, Section 1
1. This Bylaw may be cited as the "Animal Control Bylaw."
DEFINITIONS, Section 2
In this Bylaw:
(a)
animal includes dogs, cats, poultry and livestock.
(b)
animal shelter means those premises designated by resolution of' Council or by this
bylaw for the purpose of impounding animals.
(c)
at large means off the premises of the owner of the animal, when the animal is not
under the immediate control of the owner.
(d)
control means the owner has leashed or restrained the animal in some reasonable
manner.
(e)
dog means any dog, which in absence of evidence to the contrary, shall be deemed to
be over the age of three months and includes an animal that is a cross between a
wolf/coyote and a dog.
(f)
keep means to have control over an animal.
(g)
licensed veterinarian means a person licensed as a veterinarian, or licensed to provide
veterinary services, pursuant to the Business License Bylaw.
(h)
livestock means and includes sheep, goats, mules, horses, llamas, donkeys and asses.
(i)
medical health officer means the person holding the position of nurse, doctor or
veterinarian, as the case may be.
(j)
neutered dog means any dog which is sexually sterile.
(k)
nuisance as defined by dictionary and/or Blacks Law Dictionary.
(l)
Officer and animal control officer means those persons appointed as animal control
officers by resolution of Council of the Municipality of Haines Junction to enforce
the provisions of this bylaw.
(m)
owner means any person who owns, harbors, possesses or has control or custody of
an animal.
(n)
poultry means any bird normally raised for food or egg production including
chickens, turkeys, geese, ducks, domestically reared grouse, partridge, quail or
pheasant and includes pigeons.
(o)
special permit means a permit, issued by Council, to own more than 2 dogs or any
animal as prescribed herein.
(p)
vicious/dangerous dog - any dog with a known propensity, tendency disposition to
attack without provocation other domestic animals or humans; or any dog which has
bitten another animal or human without provocation.
(q)
wild animal shall mean an animal belonging to a species not normally domesticated
or tame in nature.
AREA OF ENFORCEMENT, Section 3
a) The area subject to animal control and enforcement shall be all those areas within the
municipal boundaries.
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b) The municipality may enter into service agreements to provide animal control and
enforcement outside municipal boundaries and all provisions herein will apply.
OFFICERS, Section 4
a) The provisions of this bylaw shall be enforced by the Bylaw Enforcement Officers who
shall be appointed by resolution of Council.
b) Payment and Conditions for Officers shall be set by resolution of Council.
c) From time to time, Council may request that the RCMP enforce the applicable sections of
the Territorial Dog Act or assist with the enforcement of this bylaw.
d) An officer shall be a peace officer within the meaning of the Criminal Code of Canada
for the purposes of enforcement of this bylaw, and for such purposes shall be deemed to
be employed for the preservation and maintenance of the public peace.
PERMITTED ANIMALS, Section 5
a) Dogs and Cats
(i)
With the exception of the Village of Haines Junction and Veterinary Doctors, no
person shall keep or permit to be kept more than two dogs and two cats upon any
property within the municipal boundaries with the exception of a boarding and
breeding kennel where permitted in any zone established and licensed pursuant to
the Business License Bylaw.
b) Poultry and Livestock
(i)
No person shall own any poultry unless by special permit as prescribed in
section 7 or in an agriculture zone where permitted.
(ii)
Domestic livestock may be kept in any area zoned for agricultural use. Domestic
livestock may be kept in any area zoned Country Residential to a maximum 5 per
lot.
PERMITTED AREAS, Section 6
Subject to all other sections of this bylaw, the following table shall identify which
animals are permitted in what zones as identified in the current bylaw governing
municipal zoning.
Residential
dogs, cats
Country Residential
dogs, cats and livestock as prescribed in section 5,b,ii
Commercial Zones
dogs, cats
Industrial Zones
dogs, cats
Agricultural Zones
all animals permitted under this bylaw with the addition of cattle
and pigs.
SPECIAL PERMITS, Section 7
a) Any animal owner may request a variance to Sections 5 or 6 on a property, provided that:
(i)
the owner of the animals makes a request in writing to Council to keep the
animals
(ii)
75% of the assessed property owners within a radius of 200m. (600 ft.) in Country
Residential, 100m. (150 ft.) in all other zones affected are in agreement with the
variance.
(iii)
if the owner of the animals is not the owner of the property on which it is
proposed that the animals be contained, the consent of the property owner has
been obtained in writing prior to the implementation of the process to hold a
public hearing as required by Section 8 and
(iv)
a public hearing as prescribed in Section 8 has been held and
(v)
that Council has approved, in a regular Council meeting and after the public
hearing, the application to keep the animals on the property and set out the terms
and conditions of the permit.
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(vi)
the applicant continues to abide by the terms and conditions set by the applicable
resolution of Council.
b) Upon resolution of Council to grant the application to keep animals on a property, the
Animal Control Officer shall issue a permit to the applicant setting out the terms and
conditions of the permit.
c) Should the animals permitted under this Section be in violation of the permit as
authorized by Council the Animal Control Officer may:
(1) revoke the permit and/or
(2) lay a complaint, in the prescribed form 1, against the owner of the animals and/or
(3) impound the animals
d) The permit shall be upon the form as indicated on Schedule A attached hereto.
e) The granting of any permit under this section shall not relieve any person to whom such
permit is issued from compliance with the provisions of this or of any other bylaw of the
municipality.
f) Council may at any time revoke the permit.
PUBLIC HEARING, Section 8
A public hearing shall be held when any person is desiring to enact the provisions of
Section 7.
a) The Council shall give notice of its intention to hold a public hearing by posting notices
in four conspicuous places in the municipality.
b) The notice shall:
(i)
describe the area affected by reference to commonly understood area
designations,
(ii)
include a map of the area
(iii)
include the date, location and time of the public hearing
c) Notice shall also be served to all property owners, as shown on the latest authenticated
assessment roll, within a radius as shown in Section 7,a,ii
d) The meeting to consider submissions regarding implementation of Section 7 of this bylaw
shall be held not earlier than fourteen days after the date of the publication of the notice
referred to subsection (b).
e) Any person unable to attend the Public Hearing may make submission in writing to the
Clerk of the Municipality, provided the submission is received in the municipal office by
5:00 p.m. of the date of the Public Hearing.
f) Council shall award the applicant permission or refuse the applicant permission within
two weeks of the public hearing.
ANIMALS IN HEAT - CONFINEMENT PROVISION, Section 9
a) Every owner of an animal in heat shall confine such animal to a building or other secure
enclosure on the owner's property, or in a veterinary clinic, in such manner as to prevent
the animal from coming into contact with a male animal of the same species.
b) Such confinement shall continue for the whole period the animal is in heat, except that
the said animal may be released from confinement for intentional breeding purposes.
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GENERAL PROVISIONS, Section 10
a) An animal who is:
(i)
off the premises of the owner of said animal; or,
(ii)
in an area of the municipality where said animal is not specifically permitted by
this bylaw; or,
(iii)
upon a property without the permission of the owner of said property; or,
(iv)
not leashed in a reasonable manner or not under the direct control of the owner of
said animal;
shall be deemed to be at large and where such animal is found at large, it shall be
deemed to be so with consent of the owner.
b) No owner of a dog shall permit such dog to make an unreasonable noise or in any other
matter disturb the quiet of any person. For the purpose of this section 'noise' means
barking, whimpering, whining, howling or any other sound made by dogs.
c) No owner of an animal shall allow such animal to be a nuisance.
d) No owner of an animal shall permit such animal to damage public or private property.
e) When public or private property is damaged by any animal, it's owner shall be deemed to
have failed or refused to comply with the requirements of section 10 (d) an may be held
responsible for said damage.
f) The municipality shall not be responsible for any damage done by any animal to property
under any circumstances.
g) An Officer may seize any animal which has become a nuisance, is at large or which has
done damage to public or private property and may impound such animal.
DANGEROUS AND WILD ANIMALS, Section 11
(a) (i)
No person shall own a dangerous dog unless such dog shall be confined within a
building or secure enclosure or unless such dog is securely muzzled.
(ii)
No owner of any animal shall permit such animal to bite or injure any animal or
person and where such animal has bitten another animal or person it shall be
deemed to have been done with the consent of the owner.
(iii)
Any animal that has bitten or injured any person or a controlled animal may be
deemed vicious by the Animal Control Officer.
b) Any animal that has bitten or injured any person or a controlled animal may be seized
and/or destroyed if the Animal Control Officer has determined that the animal is of a
vicious temperament or a danger to public safety.
c) Under the provisions of subsection 11 (b), any animal that has been seized may be placed
under quarantine for a period up to fourteen days at the animal shelter and the owner of
the animal shall be responsible to, prior to release:
(i)
have the animal vaccinated to the satisfaction of the Animal Control Officer.
(ii)
have a medical health officer or licensed veterinarian certify the animal to be
without any communicable disease.
(iii)
ensure that the animal, if a dog, is licensed.
d) Should the conditions outlined in subsection (c) not be met by the owner of the animal
within sixteen days of the date of impoundment, the officer shall destroy the animal.
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e) At the discretion of an officer, the quarantine required under this section may be within a
building or other secure enclosure on the public works compound.
f) Where any animal has been diagnosed as being rabid, or is suspected as being rabid, and
dies while under quarantine, the officer shall immediately send the head of such animal to
a laboratory for pathological analysis, and he shall notify the Medical Health Officer of
any known human contact, and of the diagnosis made of the animal after pathological
examination.
g) Every animal bitten by an animal adjudged to be rabid shall forthwith be destroyed or, at
the owner's option, shall be treated for rabies infection by a veterinarian.
h) The owner of any animal seized under this section shall pay all costs including but not
limited to any fines, impoundment fees, feed and care charges as required by this bylaw
and shall pay any other charges incurred as a result of the treatment of the animal under
this section.
i) Notwithstanding any other provision of this bylaw, where an officer considers it to be in
the interest of public safety to do so, he may forthwith destroy any dog running at large in
contravention of this bylaw, whether or not such dog is deemed to have a vicious
temperament.
j) Where a Justice of the Peace is satisfied that in the public interest a dangerous dog should
be destroyed or otherwise disposed of, the Justice shall order the destruction of other
disposition at the expense of the owner.
k) No person shall own a wild animal within the Village except for the purpose of exhibition
in circuses, zoos or educational institutions and in accordance with such regulations as
shall be established from time to time by the Village.
l) Under the provisions of this section
(i)
Where a Justice of the Peace is satisfied upon evidence under oath that there are
reasonable and probable grounds to believe that a dangerous dog is being kept in
violation of section 11 a(i) of this bylaw, he may by order authorize a peace
officer to seize and impound the dog.
(ii)
No person, whether or not he is the owner of an animal which in the
determination of the Animal Control Officer should be seized, impounded or
quarantined shall refuse to release an animal to the custody of the Animal Control
Officer.
(iii)
The Justice of the Peace may in their discretion impose a fine not to exceed or
imprisonment or both as outlined and/or noted in the appropriate Schedule of the
Consolidated Municipal Fees Bylaw for any person found to be in contravention
of this subsection or orders of the court.
OBSTRUCTION, Section 12
a) No person, whether or not he is the owner of an animal which is being, or has been,
pursued or seized by an Officer shall:
(i)
interfere with, or attempt to obstruct, an officer attempting to seize, or who has
seized, any animal in accordance with the provisions of this bylaw;
(ii)
unlock or unlatch, or otherwise open, any vehicle in which animals seized for
impoundment have been placed so as to allow any animal to escape therefrom;
(iii)
remove, or attempt to remove, any animal from the possession of an Officer or
any person at the time responsible for the operation or maintenance of the Animal
Control Shelter, or;
(iv)
remove or attempt to remove any animal contained in a trap installed by an
officer.
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(v)
remove or attempt to remove any animal contained in an animal shelter as
designated by resolution of Council or this bylaw.
b) When in the determination of the Officer, any person is found to be in contravention of
this section, commits or and is liable to a fine as set out in the appropriate Schedule of the
Consolidated Municipal Fees Bylaw, 30 days imprisonment, or both.
LICENSES, Section 13
a) No person shall own any dog unless such dog is licensed pursuant to the provisions of
this bylaw.
(i)
Every owner of every dog shall obtain a dog license tag and shall either:
a. Pay an annual license fee; or,
b. Pay a non-transferable life-time license fee for a neutered dog.
This schedule will come into effect January 1, 1996.
(ii)
Upon verification from a Veterinarian of a dog becoming neutered within six
months of licensing, the Municipality will rebate the difference between the two
fees.
(iii)
Upon authorization for a special permit from Council, as prescribed in Section 7,
any additional dog will be licensed at an annual fee of a rate outlined in the
appropriate Schedule of the Consolidated Municipal Fees Bylaw.
(iv)
Dog Owners will be given an amnesty until May 31, 1996 to register their
additional dog or dogs for a one time fee of $100.00 and that dog may be
registered to that owner for the life time of that dog in the following years for
either $25.00 or $5.00 per year thereafter.
b) Every dog impounded, seized or destroyed within the municipal boundaries is a dog
resident in this municipality.
c) Every dog owner shall provide to the municipality the following information with each
application for a license tag:
(i)
name, street address, postal address and phone number of the owner.
(ii)
name and description of the dog to be licensed, and
(iii)
such other information as may be required by the municipality.
d) Every person who becomes the owner of a dog shall apply to the municipality for a
license tag and provide to the municipality the information required within 30 days of
becoming owner of the said animal.
e) Every license issued under this bylaw shall be effective from the date of issue.
f) A license issued under this bylaw shall not be transferred from one dog to another, and no
refund shall be made on any license fee for any reason.
g) Upon provision of the information required by this bylaw, the municipality will issue to
the owner a license tag with a number stamped thereon.
h) The owner of a dog which has been duly licensed under this bylaw shall obtain a license
tag to replace a tag which has been lost, upon payment of a fee as outlined in the
appropriate Schedule of the Consolidated Municipal Fees Bylaw.
i) Every owner of a dog shall keep the license or replacement tag issued under this section
securely fastened to a choke chain, collar, or harness worn by the animal at all times.
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j) The granting of any license under this bylaw shall not relieve any person to whom such
license is issued from compliance with all the provisions of this or of any other bylaw of
the municipality.
ANIMAL SHELTER, Section 14
a) The municipality hereby establishes and authorizes the maintenance and operation of an
animal shelter on those lands described as Lot 2 and 3, Block 34, Group 803, for the
purpose of impounding animals.
b) The municipality may, by resolution of Council or at the discretion of the Animal Control
Officer, from time to time, establish, operate and maintain, or cause to be established,
maintained and operated, other animal shelters.
c) An Officer may seize any animal that is in contravention of this bylaw and may impound
such animal in the animal shelter or, if the facilities available at the animal shelter are
unsuitable for such animal, in such other facilities as in the opinion of the officer are
reasonable.
IMPOUNDMENT AND RECOVERY OF ANIMALS, Section 15
(a) (i)
Where the ownership of an impounded animal can be determined by the officer,
the officer shall attempt to inform the owner of the impounded animal of its seizure
and of the conditions under which such animal may be recovered by the owner.
(ii)
When it is required by this bylaw that any animal be impounded, the owner shall
release the animal to the custody of the Animal Control Officer.
b) Where an animal has been impounded under the provisions of this bylaw, such animal
may be recovered by the owner:
(i)
upon proof of payment of all appropriate fines, impoundment fees, boarding fees
and associated costs, if applicable, as prescribed herein; and,
(ii)
where the dog is not carrying a current municipal license tag, upon obtaining a
municipal license tag or replacement tag, as the case may be.
c) In addition to any fines levied, the following fees will apply:
(i)
Impound Fees:
* the sum outlined in the appropriate Schedule of the Consolidated Municipal
Fees Bylaw for each animal for the 1st impoundment.
* the sum outlined in the appropriate Schedule of the Consolidated Municipal
Fees Bylaw for the second impoundment in a twelve month period.
* the sum outlined in the appropriate Schedule of the Consolidated Municipal
Fees Bylaw for each impoundment thereafter in a twelve month period.
(ii)
Boarding/ Feed Fees
* the sum outlined in the appropriate Schedule of the Consolidated Municipal
Fees Bylaw for feed and care for each animal for each week day,
weekend/statutory holidays that the animal has been impounded.
(iii)
Livestock
* any additional costs associated with capture over and above previously
prescribed fees.
d) A fee for the feed and care of an impounded animal shall not be charged with respect to
the day on which the animal is impounded provided the animal is recovered by its owner
on the day of impoundment.
e) Saturdays, Sundays, and Statutory Holidays
(i)
shall not be included in calculating the period during which an animal may be
recovered by the owner, but
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(ii)
shall be included in calculating the amount to be paid for the feed and care of an
impounded animal.
f) (i)
Any animal impounded under the provisions of this bylaw may be recovered by
the owner within five days of the date of impoundment.
(ii)
Any animal impounded under the provisions of this bylaw and not recovered by
owner within five days of the date of impoundment shall be dealt with as
indicated in the provisions of Section 14 or Section 17 of this bylaw, as the case
maybe.
BEES AND BEE HIVES, Section 16
a) Ownership of beehives or the ownership of bees is not permitted, unless by special permit
as prescribed in Section 7.
b) Should there be a domestic bee hive or hives upon any property, the Animal Control
Officer shall order the removal of the hives within three days.
c) If after three days notice, the owner of the hives has not removed the hives, the Animal
Control Officer may seize the bee hive or hives as the case may be and these hives shall
be immediately destroyed by the Animal Control Officer.
d) The Animal Control Officer may spray the hive with insecticide prior to the removal of
the bee hives.
DISPOSAL OF ANIMALS, Section 17
a) Where an impounded animal has not been recovered by the owner in accordance with
Section 15 and is not vicious or diseased animal, it:
(i)
may be destroyed or
(ii)
may be purchased by any person for a price not less than the price that would be
have been required of the owner to recover the animal.
b) In any proceeding or prosecution under this bylaw, an order may be made for the
destruction or disposal of the animal within such time as is deemed appropriate.
c) Notwithstanding any other provision of this bylaw, where in the judgment of a licensed
veterinarian, Medical Health Officer, Animal Control Officer or Royal Canadian
Mounted Police Officer, any animal should be destroyed for humane reasons, or for the
preservation and maintenance of public peace and safety, such animal shall forthwith be
destroyed by the Animal Control Officer.
ENFORCEMENT, Section 18
a) (i)
When in the determination of the Animal Control Officer, any animal is found to
be in contravention of this bylaw, the Animal Control Officer may seize and
impound the animal and/or may lay a complaint against the owner of the animal.
(ii)
For each day or occasion that an animal is found to be in contravention of this
bylaw, the Animal Control Officer may lay a complaint against the owner of the
animal.
b) Every person who violates a provision of this bylaw commits an offense and is liable on
summary conviction to a fine as outlined in the appropriate Schedule of the Consolidated
Municipal Fees Bylaw or to imprisonment for not more than six months, or both.
c) For the purpose of Section 9 of the Summary Convictions Act, proceedings in respect of
any offense specified in the appropriate Schedule of the Consolidated Municipal Fees
Bylaw, may be commenced by means of a ticket in Form 1 attached to and forming part
of this bylaw.
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d) Tickets in respect of offenses specified in the appropriate Schedule of the Consolidated
Municipal Fees Bylaw are authorized to contain the endorsement referred to in the
appropriate section of the Summary Convictions Act.
e) The amount of the fine shall be specified on the Notice to Appear part of a ticket
endorsed as provided by subsection (c) of this section for a particular offense specified
under the heading Penalty opposite the description of the offense.
f) Pursuant to Section 34 of the Summary Convictions Act, an expression appearing under
the heading Ticket Description of an Offense in the appropriate Schedule of the
Consolidated Municipal Fees Bylaw, or an expression of similar import, is authorized for
use on a ticket for the description of an offense under the provision of a bylaw referred to
opposite the expression under the heading Authority.
g) A separate ticket shall be issued for each offense, notwithstanding that more than one
offense may be committed simultaneously under one bylaw.
h) A fine in respect of an offense committed under a bylaw may be paid to the Municipality
of Haines Junction before the complaint is forwarded to a Justice as provided by
Section 20 of the Summary Convictions Act, and thereafter such fines shall be paid to the
Clerk of the Territorial Court for transmission to the Municipality of Haines Junction.
i) Payment of fines shall be made in the form of cash, certified cheque or money order.
j) Where a ticket in Form 1 providing for a voluntary fine under the appropriate section of
the Summary Convictions Act is issued in respect of an offense specified in the
appropriate Schedule of the Consolidated Municipal Fees Bylaw, the penalty that may be
imposed on the accused person shall consist of a fine in an amount determined under this
bylaw and the Summary Convictions Act, notwithstanding any provision of any other
bylaw to the contrary.
k) Subsection (j) does not affect the authority of a Justice to make an award as to costs.
INVALIDITY OF BYLAW, Section 19
If any provisions of this bylaw shall be held void, then such provisions shall be deemed
severable, and the invalidity of that provision shall not affect the remaining provisions of
this bylaw.
REPEALING BYLAW, Section 20
Bylaw #69-94, Animal Control Bylaw is hereby repealed.
This Bylaw shall come into full force and effect on the third and final reading thereof.
Read a first time this 22nd day of February, 1995.
Read a second time this 22nd day of March, 1995.
Approved by the Executive Council Member this 5th day of May, 1995.
Read a third time and finally passed this 10th day of May, 1995.
___________________________________ __________________________________
Mayor Eric Stinson
Municipal Clerk Sheila O'Hanlon
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Animal Control Bylaw #69-94
Schedule A