TOWN OF CUDWORTH
BYLAW NO. 2-2006
A BYLAW TO LICENSE AND REGULATE THE RUNNING AT LARGE OF ANIMALS
The Council for the Town of Cudworth in the Province of Saskatchewan enacts as follows:
1. Short Title
This Bylaw shall be known as the “Animal Control Bylaw”.
In this Bylaw the following definitions apply:
a. Bylaw Enforcement Officer - means the person or persons appointed or contracted by the Council of the Town of Cudworth for the purpose of enforcing the provisions of this bylaw.
b. Cat - means a male or female cat or a male or female kitten over eight (8) weeks of age.
c. Administrator - means the Administrator for the Town of Cudworth.
d. Council - means the Council of the Town of Cudworth.
e. Dog - means a male or female dog or a male or female puppy over eight (8) weeks of age.
f. Municipality or Town - means the Town of Cudworth
g. Owner - means:
i a person, persons, partnership, association, or corporation who keeps, possesses, harbors or has care of a dog or cat;
ii the person responsible for the custody of a minor where the minor is the owner of a dog or cat.
h. Pound - means such premises and facilities as may be designated by the Council of the Town of Cudworth for the purpose of safely lodging and securing animals seized pursuant to the bylaw.
i. Pound keeper - means a person designated by the Town of Cudworth from time to time.
j. Person - means and includes an individual(s), partnership, association or corporation.
k. Restricted dog means:
i Pit Bull Terrier;
ii American Pit Bull Terrier; or
iii Pit Bull:or
iv any dog of mixed breeding which includes any of the aforementioned breeds which can be identified through its physical characteristics by a Veterinarian licenced to practice in Saskatchewan; or a dog declared dangerous under Section 375(1) of the Municipalities Act; 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 premise.
l. Running at Large - means when the dog or cat is beyond the boundaries of the land occupied by the owner, possessor or harborer or keeper of the said dog or cat, or beyond boundaries of any lands where it may be with the permissions of the owner or occupant of the said land and is not under control by being:
a. Every owner of a dog or cat within the Town shall cause each and every such dog or cat to be registered with the Town Office. At the time of registering, the applicant shall provide description of the dog or cat, the breed of the dog or cat, address and telephone number of the owner of the dog or cat.
b. The registration year for dogs and cats shall be from the first (1st) day of January to the thirty-first (31st) day of December of the same year. The fee is $5.00 for neutered and $10.00 for non-neutered and $50.00 for restricted dogs.
c. Every owner of a dog or cat shall not later than February 28th in each year register the said dog or cat at the Town Office and failure to do so shall constitute an offence under this bylaw.
d. Any dog or cat registration certificate or applicable fee issued pursuant to the provisions of this bylaw by the Town shall not be transferable to any other dog or cat.
e. A person residing in the Town who owns, possesses, keeps or harbors a dog or cat and neglects or refuses to register or pay any applicable registration fee shall be subject to the penalties as outlined in Schedule “C” of this bylaw.
4. Running at Large
a. The owner of a dog or cat shall not at any time allow the dog or cat to run at large within the municipality.
b. When a dog or cat is found to be running at large, its owner is deemed to have failed or refused to comply with the provisions of this section.
c. Where a dog or cat is found to be running at large, the owner or occupant of that property on which the dog or cat is running at large may make a verbal or written complaint to the Bylaw Enforcement Officer.
5. Limits - Dogs and Cats
a. No person within the Town shall harbor or keep more than three (3) dogs or cats on any one property. If an owner fails or refuses to comply with the provisions of this section, he/she shall be subject to the penalties as set out in Schedule “C” attached hereto and which may be amended from time to time by resolution of Council.
6. Seizure and Impounding
a. A Bylaw Enforcement Officer or Peace Officer may seize and impound any dog or cat observed to be 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 has been observed to be at large.
c. The Bylaw Enforcement Officer is hereby authorized to seize and capture, by the use of a tranquilizer gun or other method authorized by resolution of Council and impound any dog or cat running at large contrary to the provisions of this bylaw.
d. Any person may take any dog or cat found running at large contrary to the provisions of this bylaw to the town pound.
e. No person, whether or not he/she is the owner of a dog or cat which is being or has been pursued or seized shall:
i interfere with or attempt to obstruct a Bylaw Enforcement Officer who is attempting to seize or has seized any dog or cat in accordance with the provisions of this bylaw;
ii unlock or unlatch or otherwise open the vehicle in which dogs or cats seized under this bylaw have been placed so as to allow or attempt to allow any dog or cat to escape
iii remove or attempt to remove any dog or cat from the possession of the Bylaw Enforcement Officer.
a. The Council shall endeavor to appoint a pound keeper.
b. All dogs and cats impounded in the pound shall be so confined therein for a period of 72 hours from the time of capture during which time the owner thereof shall have the right to repossess the said dog or cat upon paying to the Town Office the amount set forth in Schedule “B” to this Bylaw as amended from time to time by resolution of Council.
c. No dog or cat which is impounded shall be released to its owner or to any other person until the appropriate pound fee is paid and until is has been registered.
d. When a dog or cat has been impounded, the Town Office shall immediately attempt to contact the owner as shown in the records made when the dog or cat was registered at the address shown therein, that unless the said dog or cat is claimed and the fees as provided for in this bylaw are paid within 72 hours from the date of the impounding, the said dog or cat shall be dealt with pursuant to the provisions of the bylaw.
e. All impounded dogs or cats which are not claimed within 72 hours as aforesaid, may be sold by the Town Office to any person paying for such dog or cat, a sum of not less than $5.00 for the use of the pound and registration fees as provided for by this bylaw. In the event any dog or cat is not sold after expiration of the said 72 hours, it shall be disposed of in the most humane way possible.
f. It shall be the duty of the pound keeper to provide each dog or cat impounded under the authority of this bylaw an adequate supply of food fresh water during its confinement in the pound.
g. Any dog found in any public street, lane, park, boulevard, or other public place or otherwise running at large contrary to the provisions of this bylaw the Bylaw Enforcement Officer or Peace Officer may seize and impound by the use of a tranquilizer gun or other methods authorized by Council.
8. Litter - Dogs and Cats
a. If a dog or cat defecates on any public or private property other than the property of an owner, possessor or harborer of the said dog or cat, the owner, possessor or harborer of the dog or cat shall cause such defecation to be removed immediately and disposed of in a sanitary fashion. Failure to cause such removal shall be an infraction of this bylaw.
b. Defractions deposited on the private property of the owner, possessor or harborer of a dog or cat shall be removed and disposed of in a sanitary manner on a daily basis.
a. The owner, possessor or harborer of a dog shall not allow the animal to create a nuisance to any person by barking, howling, attempting to bite or biting anyone or any domestic animal, chasing vehicles or bicycles and any owner, possessor or harborer who contravenes this section commits an offence under this bylaw.
b. The owner, possessor or harborer of a cat shall not allow the animal to create a nuisance to any person by howling, hissing or otherwise making disruptive noises or by urinating, defecating or spraying on or otherwise damaging or interfering with any property other than the property of the owner, possessor or harborer. Any owner, possessor or harborer who contravenes this section commits an offence under this bylaw.
10. Rabies and Other Diseases
a. Any dog or cat suspected of having rabies shall not be killed but shall be secured and isolated for seven (7) days and the matter immediately reported to a veterinary clinic whose instructions shall be complied with.
b. An owner, possessor or harborer of a dog or cat who neglects or refuses to comply with any order of the veterinary clinic shall be guilty of an infraction of this bylaw.
11. Restricted Dogs
a. Requirements for obtaining and maintaining a registration for a restricted dog are as follows:
i an owner of a restricted dog shall maintain in force a policy of liability insurance providing third party liability coverage in a minimum amount of $500,000.00 for injuries caused by the owner’s restricted dog. The owner shall provide a photocopy of the said liability insurance policy to the Town Office when applying for a restricted dog registration;
ii within one month after the passage of this bylaw the owner of the restricted dog shall provide the Town Office with a photocopy of such liability policy before he/she may register a restricted dog;
iii at all times while a restricted dog is on the premises of its owner, the owner shall either keep such a dog confined indoors 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;
iv when any restricted dog is off the premises of the owner, the owner shall securely muzzle such dog and either harness it or leash it securely to effectively prevent it from attacking and injuring any person or domestic animal and ensure that it is under the complete control of a competent person;
v the owner shall display a sign on his/her property warning of the presence of the dog - example “BEWARE OF DOG”.
12. General Penalty
a. A person who contravenes any provision of this bylaw or neglects or refuses to comply therewith shall be guilty of an offence and liable upon summary conviction to a fine of not less than $50.00 and not more than $2,000.00.
a. Where any person has committed or is alleged to have committed a breach of any of the provisions of this bylaw, a ticket in the form designated Schedule “D” attached to and forming part of this bylaw, may be served on such person by the Bylaw Enforcement Officer.
b. A person to whom a ticket is being issued pursuant to this section shall furnish the bylaw Enforcement Officer with his/her name and address upon request.
c. Notwithstanding Section 12, a person who contravenes any provision of this bylaw, upon being served with a ticket may voluntarily pay the prescribed as set forth in Schedule “C” to this bylaw as amended from time to time by resolution of Council.
d. If the Town received voluntary payment of the prescribed penalty within three (3) days from the date of the ticket was issued the person receiving the ticket shall not be liable to prosecution for the offence.
Bylaw No. 11-1995 is hereby repealed.
15. Coming Into Force
This Bylaw shall come into force on the day of its final passing.
Schedule “A” - Bylaw No. 2-2006
Annual Registration Fee for Restricted Dogs Section 3(b) - $50.00
Schedule “B: - Bylaw No. 2-2006
Dog or Cat Pound Fees Section 7(b)
$25.00 plus $5.00 per day or part thereof or
Any applicable veterinarian fees plus $5.00 per day or part thereof
Subsequent Offences within 12 months
$50.00 plus $5.00 per day or part thereof or
Any applicable veterinarian fees plus $5.00 per day or part thereof
Schedule “C” - Bylaw No. 2-2006
1. The penalties presently laid out in Schedule “C” of Bylaw No. 2-2006 for non restricted dogs and for cats shall remain the penalties in force for payment made within three (3) days of the date of issue of the Notice of Violation.
2. For payment after three (3) days, the penalties for all offences dealing with non-restricted dogs and with cats shall be $150.00 for the first offence and $300.00 for subsequent offences.
3. Failure to register: $20.00 - First, $40.00 - Subsequent
4. Running at large: $25.00 - First, $50.00 - Subsequent
5. Exceeding limits on any one property: $25.00 - First, $50.00 - Subsequent
6. Nuisance cats: $25.00 - First, $50.00 - Subsequent
7. Failure to remove defecation: $25.00 - First, $50.00 - Subsequent
8. Nuisance dogs: $25.00 - First, $50.00 - Subsequent
Penalties - Restricted Dogs
1. Failure to obtain and keep in force registration fee: $250.00 - First, $500.00 - Subsequent
2. Failure to maintain policy of liability insurance: $250.00 - First, $500.00 - Subsequent
3. Failure to confine in proper enclosure when on owner, possessor or harborer's premises : $250.00 - First, $500.00 - Subsequent
4. Failure to muzzle and harness or leash when off premises of owner, possessor or harborer: $250.00 - First, $500.00 - Subsequent
5. Failure to prevent from running at large: $250.00 - First, $500.00 - Subsequent