Bylaw 01-2017

VILLAGE OF SEMANS

BYLAW NO. 1/2017

 

 

A BYLAW OF THE VILLAGE OF SEMANS TO PROVIDE FOR THE KEEPING OF AND

LICENSING OF DOGS AND AGGRESSIVE ANIMALS WITHIN THE VILLAGE OF SEMANS AND TO

REGULATE THE RUNNING AT LARGE OF DOGS WITHIN THE TOWN LIMITS.

 

 

The Council of the Village of Semans, in the Province of Saskatchewan, enacts as follows:

 

SHORT TITLE

 

  1. This Bylaw may be called “The Animal Control Bylaw.”

 

Purpose

 

2.   The purpose of this Bylaw is as follows:

 

(a)  To provide for the safety and protection of residents and guests of Semans and their pets from aggressive animals, namely viscous and aggressive dogs;

 

(b) To control and regulate dogs and all aggressive animals;

 

(c) To provide for the impounding dogs that are at large;

(d)To provide for the licensing of dogs;

(e) To control the keeping of domesticated or wild birds, animals, reptiles and other exotic species of animal within the limits of the Village of Semans.

 

Part I

Definitions

 

 

3.          (a) “Animal” shall include and mean ‘Dogs, Puppies’, male or female, any age or size, and of every breed or classification or mixture of breeds;

 

          (b) “Aggressive Animal” shall mean, within town limits:

(i)         Any animal, including any dog that without provocation, in a vicious or menacing manner, chases or approaches a person or other domestic animal in an apparent attitude of attack;

(ii)        Any animal, including any dog having an inclination, tendency or disposition to attack without provocation, to cause injury or to otherwise threaten the safety of persons or other domestic animals;

(iii)       Any dog which has without provocation, bitten, inflicted injury, assaulted or otherwise attacked a person or domestic animal;

(iv)       Any dog owned primarily in part for the purpose of attack, dog fighting or is trained for attack or dog fighting;

(v)        Any dog that barks excessively and without provocation;

(vi)       Any German Shepard, Rottweiler, Pit Bull, Doberman Pinscher, or any dog of these mixed breeds;

           

            But shall not include:

           

(i)            Any breed of dog acting in the performance of police work;

(ii)           Any breed of dog working as a guard dog on commercial property, securely enclosed on the property by a fence or other barrier sufficient to prevent the escape of the dog and the entry of children onto the property, or where the dog is defending that property against a person who was committing an offence;

            (c) “Owner” includes:

(i)            any person, corporation, or entity whatsoever that enters or is within Village limits that harbours or assists in the harbouring of an animals or aggressive animal for any purpose whatsoever;

(ii)           a person who keeps, harbours or has possession, charge or control over, an animal;

(iii)           the person responsible for the custody of a minor where the minor is the owner of an animal and in such control.

 

 

            (d) “Provocation” shall mean an act done intentionally for the purpose of provoking an animal, including any dog, to be aggressive.

 

       (e) “Bylaw Enforcement Officer” means a person or persons, employed by the Village of Semans, to enforce the provisions of this Bylaw;

 

       (f) “Designated Officer” means an employee or agent of the Municipality appointed by Council to act for the purposes of this Bylaw;

 

       (g) “At Large” means if the animal is off the premises perimeter of its owner and is not on a leash;

 

 (h) “Village” means the Village of Semans.

 

 (i) “Council” means the Council of the Village of Semans.

 

 (j) “Court” means the Provincial Court of Saskatchewan established pursuant to The Provincial Court                  Act;

        (k) “Peace Officer” means any member of the RCMP detachment.

 

        (l) “Pound” means the premises designated for an impoundment facility.

        (m) “Pound keeper” means a person, persons, corporation, society, or association designated by the               Village of Semans from time to time to administer the Pound.

       (n) “SPCA” means the Society for the Prevention of Cruelty to Animals.

       (o) “Restricted Dog” shall mean:

 

(i)            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 premises (s).

 

 

Part II

Licensing

 

 

DOG LICENSES REQUIRED

 

4.          No person owning, renting or leasing property in the Village of Semans, shall own or keep

a dog within the limits of the Village of Semans, for more than twenty-four (24) hours each calendar month the (“Allowable Time”) unless such dog is licensed subject to:

(a) Section 5 (a) whereby the dog is verified by a veterinarian to be less than four (4) months old and as such does not require a license;

(b) Non-residents and those persons not owning any property in the Village of Semans and who are in the Village of Semans on visitation or a temporary basis, may keep unlicensed dogs in the Village of Semans, subject to their compliance with the remainder of the Bylaw, for a period of up to two (2) weeks.

(c) The boarding of dogs for financial gain, within the Village of Semans, is prohibited.

 

LICENSING OF DOGS

 

5.         (a) Every owner of a dog that is over four (4) months old or who has exceeded the Allowed Time shall within thirty (30) days of becoming the owner, or within 30 days of January 1 of each year obtain a license for each dog. Upon request of the Bylaw Enforcement Officer, the owner shall provide a veterinarian certificate stating the age of the animal to the Bylaw Enforcement Officer within 7 days of such a request, then the animal shall be deemed to require a license. In the event the Bylaw Enforcement Officer has reasonable cause to believe the Allowable Time has been exceeded, then the animal shall be deemed to require a license.

 

(b) Not withstanding subsection (a), any dog adopted, claimed or otherwise taken from

the SPCA must obtain a license prior to that animal being released from the SPCA.

 

(c) The license referred to in subsection (a) shall not be transferable.

 

(d) When applying for a license under this Section, the owner shall provide the following:

 

(i)         a description of the dog, including breed, name, gender, and age; a history of rabies          vaccinations for the animal and whether the animal has been spayed or neutered.

(ii)        the name, date of birth, address and telephone number of the owner; and

(iii)       any other relevant information which may be required.

                       (iv)        the number of Dogs in the household to be licensed. The number of licenses granted per household within the Village of Semans cannot exceed the maximum number of animals specified in Section 20 (a) of this Bylaw;

(v)        the owner shall be supplied with a current license tag. Where a license tag is lost or destroyed, the owner will be issued a replacement license tag and the owner shall be responsible for any replacement costs.

 

VALID LICENSE TAG ATTACHED

 

6.         The owner of a dog shall ensure that the dog wears a collar to which is attached a

valid license tag, whenever the dog is off the premises of the owner.

7.         A person who owns and physically relies on a ‘guide dog’, trained and used to assist such

person, shall obtain a license for the dog and there shall be no fee payable by the owner

for the license.

 

PROHIBITED AREAS

 

8.         (a) No person shall permit a dog or any animal to be:

 

(i) Within ten meters of any playground apparatus available for public use;

 

(b) This Section shall not apply to a person who owns and is physically reliant on a guide

dog trained and used to assist such person.

 

 

CLEANUP OF ANIMAL FECES

 

9.         (a) If a dog defecates on any public or private property, other than the property of its owner, the owner of the dog shall remove the defecation immediately.

 

(b) This Section shall not apply to a person who owns and is physically reliant on a guide

dog trained and used to assist such person.

 

ACCUMULATION OF ANIMAL FECES

 

10.       (a) An owner or occupant of private property must not allow animal feces to accumulate on the property which unreasonably interferes with the uses and enjoyment of adjoining premises by owners or occupants.

 

(b)  A Bylaw Enforcement Officer may serve an owner or occupant of private property with a notice to remove all animal feces from the property within seventy-two (72) hours of service of notice.

 

(c)  A notice served by registered mail is deemed to have been received on the fifth day following the date of its mailing.

 

(d)  The Village of Semans may remove the feces from the property if:

 

(i) the person to whom the request is made fails to remove the feces within seventy-two hours; or

 

(ii) after reasonable inquiry, the whereabouts of the owner or occupant of the property cannot be determined.

 

(e)  If the Village of Semans removes the feces pursuant to subsection (d), the Village of Semans may collect from the owner reasonable charges and expenses as a debt due to the Village and they may recover the charges and expenses incurred:

 

(i)          by action in a court of competent jurisdiction;

 

(iii)           in the same manner as municipal taxes; or

(iv)         by adding the costs and expenses to, and thereby forming part of the taxes on the land on which the work was done.

 

 

DOG RUNS

 

11.       (a) Where a dog is housed or enclosed in a run, the Owner shall ensure that the run is kept in a sanitary condition protecting the health and safety of the dog and any other living being.

 

(b) An Owner shall ensure that the dog run on the Owner’s property is located no closer than one (1) meter to a property line and no closer than five (5) meters from a dwelling unit located on an adjacent property.

 

(c) An Owner shall ensure that the dog run on the Owner’s property is constructed of material of sufficient strength and in a manner adequate to:

(i)         confine the dog; and

(ii)        prevent the entry of children

 

(d) If, in the opinion of the Bylaw Enforcement Officer, the condition or location of a dog run is not in accordance with this Bylaw, the Bylaw Enforcement Officer may order the owner of the property on which the dog run is located, to clean, alter, demolish or relocate the run within the period specified in the order.

 

(e) The person to whom an order is issued pursuant to subsection (d) shall comply with the order within the time specified in the order.

 

(f)   An order to relocate a dog run issued pursuant to subsection (b) will allow the owner of the property on which the run is located, at least thirty (30) days to relocate or remove the run.

 

(g)  The person shall also keep the dog noise to a minimum for the neighbours while they are in their dog run.

 

 

ANIMAL LEFT UNATTENDED IN A MOTOR VEHICLE

 

12.       The owner of an animal shall ensure that such an animal shall not be left unattended in

any motor vehicle unless the animal is restricted so as to prevent access to a person or

persons and as long as such restraint provides for suitable ventilation.

 

AGGRESSIVE ANIMALS

 

13.       No person, corporation or entity shall keep possess, harbor or assist with the harbouring of an aggressive animal within the Village of Semans;

           

(i)         Unless that aggressive animal is a dog or mixed breed of dog contemplated in Part I Section (a) (vi) of this bylaw and which animal has resided in Semans prior to the taking effect of this bylaw.

 

AGGRESSIVE ANIMAL ENFORCEMENT

 

14.       (a) Any resident of the Village of Semans or any guest thereof may during regular Village Office hours submit a complaint in writing to the Village Administrator alleging an aggressive animal is within Village limits; and the circumstances relating to the reason for his or her belief shall be specified in detail.

           

(b) After receiving and reviewing a complaint with respect to an alleged aggressive animal in Village     limits, any three members of the Council of Semans may agree to issue a written summons to the alleged owner, by signing such summons, thereby summonsing the owner to appear before any three members of the Council of the Village of Semans, within not more than 7 days after the complaint was received, and such summons shall be delivered to the alleged owner of the alleged aggressive animal by the Bylaw Officer or Village of Semans agent and which summons shall have a copy of the complaint attached to it.

 

(c) Upon the convening of a hearing before any three members of the Council of the Village of Semans, the members of the Council of the Village of Semans shall hear from the complainant, if present, and the alleged aggressive animal, if present and shall make a decision as to whether or not the alleged animal is an aggressive animal. The hearing body of the council of the Village of Semans may choose to proceed in the absence of the complainant or owner.

 

(d) The members of the Council of the Village of Semans at such hearing or within 24 hours of its conclusion shall issue a written notice to the owner of an aggressive animal giving notice that the animal in question is not deemed by the Council of the Village of Semans hearing body to be an aggressive animal under this bylaw, or, giving notice that the owner has been found guilty of an infraction of this bylaw for having harboured or assisted in the harbouring of an aggressive animal and is:

            (i) liable to a maximum penalty of up to $500.00 per occurrence, or;

            (ii) liable to pay out the out of pocket costs of the individual(s) harmed in the complaint(s) that led to the hearing before the Council of the Village of Semans; or

(iii) liable to have the dog destroyed within 72 hours; or

                        (iv) liable to remove the aggressive animal from Village limits within 48 hours; or

(v) liable to erect a fence around his or her property sufficient to completely contain the aggressive animal upon his or her property; or

(vi) liable to erect a dog run upon his or her property sufficient to completely contain the aggressive animal upon his or her property; or

(vii) liable to securely muzzle his or her aggressive animal at all times when his or her animal is outside of the owner’s residence and or the property of the owner.

 

(e) Should any person who harbours or assists in the harbouring of an aggressive animal not remove an aggressive animal not remove an aggressive animal or comply with an order with respect to that animal made by the three members of the Council of the Village of Semans within the timeline specified in its order, that person is liable to a maximum additional penalty of up to $500 per day to be applied to the original penalty at the discretion of the three member hearing body.

 

(f) An owner may voluntarily pay the penalty prescribed and take responsible steps as described in this bylaw to ensure no further incidences occur upon being served with a summons under this bylaw, within the time specified in the summons before a hearing, an upon payments and having taken such reasonable steps shall not be liable to prosecution under this bylaw, at the discretion of the three member hearing body, unless further incidences relating to the aggressive animal then occur.

 

(g) The Council of the Village of Semans reversed the right to relieve itself of jurisdiction concerning any possible aggressive animal within Village limits to a court of competent jurisdiction under the Municipalities Act.

 

(h)  The members of the Council of the Village of Semans, if acting in good faith as according to the preamble and purpose of this bylaw, shall not be held liable to any person for any reason whatsoever, in respect of the carrying out of their duties under this bylaw.

 

INTERFERENCE

 

15.       No person shall:

(a) Untie, loosen or otherwise free an animal which has been tied or otherwise restrained; or

 

(b) Negligently or willfully open a gate, door or other opening of a fence or enclosure in which an animal has been confined and thereby allow the animal to run at large in the Village of Semans; or

 

(c) Tease, entice, bait or throw objects at a confined animal.

 

 

 

DOG BREEDING PERMIT

 

16.       (a) The Town may prescribe the form required by any person who wishes to obtain a dog breeding permit that will exempt that person from the provisions of Section 20 during the life of the permit.

 

            (b) The maximum number of breeding animals cannot exceed the allowable amount of four (4) breeding animals.  

 

(b) The Town may, upon receiving an application completed in the form to this Bylaw and the fees for a dog breeding permit, issue a dog breeding permit, which permit will be valid for a period of one (1) year calendar year.

 

(c) Every female dog in heat be housed or confined to a kennel.

 

(d) An owner who holds a breeding permit is responsible for ensuring that the dog(s) to which the permit relates is not permitted to cause a nuisance in the Village of Semans

 

(e) A person who contravenes this section, upon being served with a Notice of Violation as prescribed by the Bylaw Officer Unit or Agent of the Village of Semans, may voluntarily pay the prescribed penalty in Part 6.

 

HUMANE DESTRUCTION OF SICK AND INJURED ANIMALS

 

17.       (a) A Bylaw Enforcement Officer, Peace Officer, or veterinarian may take immediate action to humanely destroy any sick of injured animal found within the Village of Semans, where in his opinion, immediate destruction of the animal is necessary to avoid unnecessary suffering by the animal or the spread of the disease.

 

(b) Reasonable efforts shall be made to contact the owner of an animal before it is destroyed, however no action lies against the Bylaw Enforcement Officer, Peace Officer, or veterinarian solely because the owner of the animal was not contacted.

 

Part IV

Impounding of Dogs

 

 

IMPOUNDING OF DOGS

 

18.       (a) A Bylaw Enforcement Officer, Poundkeeper, Peace Officer, or Designated Officer may seize and impound any dog that is at large.

 

(b) A Bylaw Enforcement Officer, Poundkeeper, Peace Officer, or Designated Officer may enter onto the land surrounding any building in pursuit of any dog which is found at large.

 

(c) The council may, by resolution, enter into an agreement with any person or organization for the purpose of participation in the enforcement of this Bylaw or for the purpose of providing Poundkeeper services.

 

IMPOUNDED DOGS

 

19.       (a) The Poundkeeper shall keep all impounded dogs for a period of seventy-two (72) hours.

 

(b) During this period, the owner may reclaim the dog from the pound upon payment to the Poundkeeper of the fees set out in Part 6.

 

(c) No unlicensed dog which is impounded shall be released to its owner until a license has been purchased.

 

(d) If a dog impounded is wearing a valid license tag, the Poundkeeper shall immediately notify the owner, by telephone or in writing, of the seizure of the dog at the telephone number or address shown in the records. No liability whatever shall attach to the Village or the SPCA by reason of the failure of the owner to receive such notice.

 

(e) If a dog is not reclaimed within the period set out in subsection (a), or if the owner of the dog fails to comply within this period with the conditions set out in subsection (b) and (c), the Poundkeeper may sell or humanely destroy the dog.

 

Part V

Permitted Number of Animals

 

 

PERMITTED NUMBER OF ANIMALS

 

20.       (a) No household within the Village of Semans shall possess or harbour more than two (2) animals.  

 

 

Part VI

Fees

 

21.  Schedule of fees and permits per calendar year as stated

 

Dog License                                        $25.00/ animal

 

Dog Breeding Permit                          $500.00/year

 

Impoundment Fees                             $150.00/animal

 

 

 

 

 

Part VII

Voluntary Payment Schedule

 

 

22.       Schedule of fees and fines for Voluntary Payment of Offenses as Stated and must be paid within a month of the Notice of Violation.

 

Fine                             Amount                      Paid within 7 days               

 

Failure to

License                                    $100/animal               $50/animal                             

 

Maximum # of

Animals permitted

Exceeded                                $100/animal                $50/animal                             

 

 

Running at large

                                                $100/animal                $50/animal                             

 

Failure to remove

Defecation                              $100/animal                $50/animal                             

 

 

Part VII

Offences and Penalties

 

 

GENERAL PENALTY

 

23.       (a) Every person who contravenes any provision of this Bylaw is guilty of an offence and liable on summary conviction:

 

(i)         in the case of an individual, to a fine of not more than $500.00;

 

 

(b) If a person owes the Village of Semans for costs incurred by the Village with respect to an animal, the Village of Semans, may add the amount owing to the tax roll of any parcel of land for which the person responsible is the assessed person, or utility roll for tenants.

 

(c) If an amount is added to the tax roll of a parcel of land pursuant to subsection (b) the amount:

(i)         is deemed for all purposes to be a tax imposed pursuant to The Municipalities Act from the date it was added to the tax roll; and

 

(ii)        forms a lien against the parcel of land in favour of the Village of Semans

 

(d) Any person convicted of an offence, as instructed by a Bylaw Enforcement Officer, remove all animals of said fine from the municipality, or surrender all animals, of kind to a Bylaw Enforcement Officer so that the said animals may be transported to an appropriate facility or humanely destroyed.

 

(e) Any person who fails to deliver an animal as required by subsection (d) is guilty of an offence and liable on summary conviction to the penalty contained in subsection (a).

 

VOLUNTARY PAYMENT TO AVOID PROSECUTION

 

24.       (a) A person who contravenes Section 4,5,6,7,8,9,10,11,12,13,14,15,16,17,18, 19, 20, 21,22,23, upon being served with a Notice of Violation as prescribed by the Bylaw Enforcement Officer Unit of the Village of Semans, may voluntarily pay the prescribed penalty in Part 6, Section 22  at the office of the Village of Semans

 

(b) If the Village of Semans Office receives voluntary payment of the prescribed penalty within the time limit specified on the Notice of Violation, the person receiving the Notice of Violation shall not be liable to prosecution for the alleged contravention.

           

(c) Nothing in this Section shall be constructed to prevent any person from exercising the right to defend a charge for contravention of this Bylaw.

 

(d) A Notice of Violation may be issued by a Bylaw Enforcement Officer or a Peace Officer.

 

 

Part VIII

Miscellaneous

 

 

DESIGNATED POUNDKEEPER

 

25.       Employee or Council or persons, whom council hires as designated Poundkeeper.

 

ANIMAL ABANDONMENT

 

26.       (a) No person shall willfully fail to provide shelter or care of an animal in such a way as to desert or abandon such animal for which that person is an owner.

 

(b) No person shall abandon any animal on the property of the SPCA without formally surrendering such an animal that is being held at the SPCA and for which he is an owner.

 

(c) No person shall willfully fail to claim an animal that is being held at the SPCA and for which he is an owner.

 

APPOINTMENT OF BYLAW ENFORCEMENT OFFICERS

 

27.       (a) A Bylaw Enforcement Officer appointed under this Section may enforce this Bylaw within the Village of Semans and may perform any other duties that may be imposed by any other Bylaw regarding the control, licensing and regulation of animals.   

 

(b) A Bylaw Enforcement Officer and the Poundkeeper shall be designated officers for the purposes of this Bylaw.

 

SEVERABILITY

 

28.       If any section, subsection, sentence, clause, phrase or other portion of this Bylaw is for any reason held invalid or unconstitutional by a Court or competent Jurisdiction, that portion shall be deemed a separate, distinct and independent provision, and the holding of the Court, shall not affect the validity of the remaining portions of the Bylaw.

 

DISOBEY A BYLAW ENFORCEMENT OFFICER

 

29.       It shall be an offence for any person to harass, threaten and use excessive profanity or to disobey a Bylaw Enforcement Officer. No person, whether or not he is the owner of a dog or cat which is being or has been pursued shall:

 

(a)  Interfere with or attempt to obstruct a Bylaw Enforcement Officer who is attempting to seize or has seized a dog or cat in accordance with the provisions of this Bylaw.

 

(b) Unlock or unlatch or otherwise open the vehicle in which the dogs and cats seized under this Bylaw has been placed, so as to allow or attempt to allow any dog or cat to escape there from.

 

(c) Remove or attempt to remove any dog or cat from the possession of the Bylaw Enforcement Officer.

 

PENALTY

 

Disobey Bylaw Enforcement Officer ……………………………………………………..$100.00

 

REPEAL

 

30.       Bylaw No. 1/2015 is hereby repealed.

 

 

COMING INTO FORCE

 

This Bylaw shall come into force and take effect on the date of final passing thereof.