A Bylaw of the Town of Radville, in the Province of Saskatchewan to Provide for Exemption

TOWN OF RADVILLE BYLAW NO. 2016-15

A BYLAW OF THE TOWN OF RADVILLE TO PROVIDE FOR THE REGISTRATION AND CONTROL OF DOGS AND CATS

The Council of the Town of Radville, in the Province of Saskatchewan in Council assembled enacts as follows:

1) Title: This Bylaw shall be called “The Animal Control Bylaw”.

2) Definitions: a) “Council” means the Council of the Town of Radville; b) “Dog” means any dog, male or female, over three (3) months of age; c) “Cat” means any cat, male or female, over three (3) months of age; d) “ Animal Control Officer” means the person appointed by Council for the enforcement of the provisions of this Bylaw, or any person authorized to act on his/her behalf. e) “Kennel” means any structure used by any person for boarding or otherwise caring for, training or whelping dogs in exceeding two dogs/cats 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. f) “Owner” means anyone owning, possessing or harboring a dog or cat. g) “Pound” means the premises designated by the Town as the impoundment facility. h) “ Public Nuisance” means with respect to the activities of any dog including but not limited to: repeated barking, howling, whining, yelping; chasing of vehicles, persons or other animals; scattering of garbage or debris; defecating on public or private property; digging in public or private flowerbeds or gardens; and with respect to the activities of any cat including but not limited to any of the following: harmful, offensive, annoying, troublesome and/or a pest, fighting with other cats, defecating or spraying on private property or on any public property, and digging in garbage. i) “Restricted Dog” means i) Pit Bull, Staffordshire Bull Terrier, Doberman Pinscher, Rottweiler or any dog of mixed breeding which includes any of the aforementioned breeds which can be identified through its physical characteristics by a veterinarian licensed to practice in Saskatchewan; or ii) Any dog that has been trained as a guard dog where such training involves physical attack on an intruder and such animal is not engaged in guarding a business premises; or iii) Any dog that has been declared a restricted dog. j) “ Running at Large” means it is beyond the boundaries of the land occupied by the owner, possessor, or harborer of the said dog or cat, or beyond the boundaries of any land where it may be with permission of the owner or occupant of the said land, and when it is not under control by being: i) In direct control and continuous charge of a person competent to control said dog or cat; or ii) Securely confined within an enclosure; or securely fastened so that said dog or cat cannot roam at will. k) “Town” means the Town of Radville.

3) Registration: a) Every person, who owns, possesses, or harbors a dog or cat within the Town of Radville shall register and obtain a license for each dog or cat from the Town Office. A record of the license number, name and address of the owner will be kept at the Town Office. b) License shall be in effect from January 1st to December 31st each year, and are due within thirty (30) days after coming into possession of a dog or cat. c) The license fee shall be twenty dollars ($20.00) for each dog and each cat. d) The license for a “Restricted Dog” which is within the Town of Radville shall be two hundred and fifty dollars ($250.00) per year. e) A dog owned by a sightless person and used as a guide dog/cat, shall be registered and licensed as provided in this Bylaw, but without charge. f) Any person residing in Town, who owns, possesses or harbors a dog or cat and neglects or refuses to take out a license shall be deemed guilty of an infraction of this bylaw.

4) Wearing of Tags: Every person to whom a license has been issued under this Bylaw shall cause his/her dog or cat to wear a collar to which shall be attached the license tag issued by the Town Office. Upon satisfactory proof that the license tag originally issued has been lost, the Town Office shall issue a replacement tag.

5) Kennels: No person shall operate a kennel within the boundaries of the Town without approval of the Council. This approval shall be obtained on an annual basis.

1 Animal Control Bylaw #2016-15

6) Dangerous Dogs: “Dangerous Dog” shall mean: a) Any dog with a known propensity, tendency or disposition to attack without provocation, other domestic animals or humans; or b) Any dog which has bitten, inflicted injury, assaulted, or otherwise attacked another domestic animal or human without provocation; or c) 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. d) No person shall keep, possess or harbor a dangerous dog within the Town of Radville. e) If upon information or complaint it is alleged that a dog has bitten or attempted to bite any person, and if it appears to a Judge or Justice of the Peace having disposition of the information or complaint that the dog is dangerous, the Judge or Justice of the Peace may make an order (a) directing that the dog be kept by the owner or keeper under proper control, or (b) directing that the dog be destroyed. e) A person failing to comply with such an order shall be liable of a fine of not less than fifty dollars ($50.00) per day nor more than two hundred and fifty dollars ($250.00) for each day during which the failure continues. When a dog is ordered to be destroyed, the Judge may by the same order direct a named person to destroy the dog; provided that in the event the owner or keeper of the dog 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.

7) Control and Care of Dogs and Cats: a) No person being the owner or a person in charge of a dog or cat shall permit such dog or cat to be running at large within the Town of Radville. b) No person, being the owner, or a person in charge of a dog or cat shall permit the dog or cat to be a public nuisance. c) In the event a complaint is received that a dog or cat is being a public nuisance, the RCMP or Bylaw Enforcement Officer shall investigate the complaint and if the complaint is justified, shall notify the owner of the dog or cat of the complaint, and shall request the owner to prevent the dog or cat from doing those things that create a public nuisance. d) In the case where a dog or cat has bitten or attempted to bite a person or animal, the owner or harborer of such dog or cat, on complaint being made, may be required, it if appears that the dog or cat is dangerous, to have the dog or cat destroyed at the expense of the owner, possessor, or harborer.

8) Restricted Dogs: a) Any person, who owns, possesses, or harbors a “Restricted Dog” shall comply with the following: i) At all times while a Restricted Dog Is in the premises of its owner the owner shall either keep the such dog confined indoors of its owner, 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. ii) provide an enclosed adequate dog run or a 6 foot fence to house the animal within their property; iii) such pen or enclosure shall have secure sides and top and if the bottom is not secured to the sides, the sides much 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. iv) provide liability insurance in the amount of $2,000,000.00; v) when any Restricted Dog is off the premises of the owner, the owner shall securely muzzle and leash it and keep it under his/her direct control and supervision; vi) the owner shall display a sign, not less than 8” x 12” with 1 ¼” lettering, on his/her property warning of the presence of a dog. vii) any person who fails to comply with Section 8 of this bylaw shall be deemed to be guilty of an infraction of this bylaw and is liable to a fine of five hundred dollars ($500.00) for each day that an infraction of this section occurs.

9) Impounding of Dogs and Cats: a) A dog or cat may be seized and impounded if the animal is 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 is found at large. c) The pound shall keep all impounded dogs and cats for a period of at least seventy-two (72) hours, excluding the day of impounding. Statutory holidays shall not be included in the seventy-two (72) hour period. d) During this period, the owner may reclaim the dog or cat from the pound upon payment to the Town Office the fees as set out in this Bylaw.

10) General: a) No unauthorized person shall remove from a dog or cat, a collar or license tag. b) Any female dog or cat in heat shall be confined to a house or kennel. c) No person shall at any time have in his/her possession, or keep within the Town, more than two dogs or two cats over the age of three (3) months, per dwelling unit. Any person keeping more than two dogs or two cats over the age of three (3) months, within the Town, shall be

2 Animal Control Bylaw #2016-15

deemed guilty of an infraction of this Bylaw. d) Every person who, being in charge of a dog or cat, which defecates on public property or on any private property without the owner’s permission and who fails to immediately collect, remove and dispose of such fecal matter is guilty of an infraction of this bylaw. e) No person shall hinder or delay or obstruct any person from the performance of his/her duties as Bylaw Enforcement Officer.

11) Penalties Unless otherwise specified in this Bylaw, any person committing a breach of this Bylaw or neglecting or refusing to comply therewith, is guilty of an offence and liable on summary conviction to the penalties as herein provided and in the event that the amount of the fine had not been paid with respect to the dog or cat in connection with which the breach or neglect or refusal was committed, the amount of such fine shall be assessed and directed to be paid by the summary conviction court and the same shall be enforced and recovered of not more than seven (7) days in the nearest jail. a) Any person convicted of an offence under Sections 3, 4 and/or Section 10 of this Bylaw, shall forfeit, and pay a fine of Fifty dollars ($50.00) for the first conviction and any subsequent convictions, exclusive of costs. b) Any person convicted of an offence under Section 6 and/or Section 7 of this Bylaw, shall forfeit, and pay a fine of Two Hundred dollars ($200.00) for the first conviction and any subsequent convictions, exclusive of costs. c) Any person charged with Section 9 of this Bylaw, shall pay to the Town Administrator or Animal Control Officer the sum of Fifty dollars ($50.00) in addition to an impoundment fee of Ten dollars ($10.00) per day in addition to any license fees or other costs that may be charged and levied by the Town of Radville.

12) Notice of Violation The Notice of Violation is attached hereto and forms part of this Bylaw as known as “Form A”.

13) Repeal of Other Bylaws: Bylaw No.2011-05 is hereby repealed.

14). Force and Effect This Bylaw shall come into force and take effect on the 11th day of October 2016 A.D.

______

Mayor

READ a FIRST TIME this 11th day of October, A.D., 2016. READ a second time this 11th day of October, A.D., 2016. READ a THIRD TIME and adopted this 11th day of October, A.D., 2016.

______Administrator. Section 8(1)(k) of The Municipalities Act.

Certified a true copy of Bylaw No. 2016-15 Adopted by council on the 11h day of October 2016

______Town Administrator

3 Animal Control Bylaw #2016-15

FORM “A”

NOTICE OF VIOLATION DOG & CAT CONTROL BYLAW TICKET. This ticket has been issued for breach of provisions of the Animal Control Bylaw.

OWNER’S NAME______

OWNER’S ADDRESS______

DETAILS OF OFFENSE

DATE:______TIME:______a.m/p.m

DESCRIPTION OF DOG or CAT______

LICENSE NO.______

LOCATION OF VIOLATION______

SERVED BY:______(To be signed by Complainant or person impounding the dog)

You are charged with violation of Bylaw No. 2007-02

Section(s) ______

The penalty for violation of Section(s)______is $ ______

You may make voluntary payment of the above penalty at the Town Office, Radville, SK, or mail the fine amount to the Town of Radville, Box 339, Radville, SK S0C 2G0 within five (5) days from the date of service of the Notice of Violation or otherwise prosecution proceedings may be commenced.

If you do not make a voluntary payment within the time set out above, you shall be liable under prosecution and upon summary conviction, you shall be liable to penalties provided under Section 11 of the said Bylaw.

______Enforcement Officer.