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BYLAW NO. 3-2006

1. Short Title
This Bylaw may be cited as The Dangerous Animal Bylaw.

2. Reference
This Bylaw is referenced to and based on the Municipalities Act Part XII Division 5 Dangerous Animals.  All items contained in Sections 374 to 380 inclusive are assumed to be included in this Bylaw.
3. Purpose
The purpose of this bylaw is to promote the safety, health and welfare of people and the protection of people and property in the Town of Cudworth and to ensure the humane treatment of animals by regulating and prohibiting the keeping of dangerous animals within the municipality.

4. Application
This Bylaw shall apply to all domestic animals in the Town of Cudworth.

5. Dangerous Animals
(a) An animal is dangerous when it is proved that:
                      i             the animal, without provocation, in a vicious or menacing manner, chased or approached a person or domestic animal in an apparent attitude of attack;
                      ii             the animal has a known propensity, tendency or disposition to attack without provocation to cause injury or to otherwise threaten the safety of persons or domestic animals;
                      iii            the animal has, without provocation, bitten, inflicted injury, assaulted or otherwise attacked a person or domestic animal; or
                      iv            the animal is owned primarily or in part for the purpose of fighting or is trained for fighting.

(b) For the purpose of this section, an animal is presumed not to have been provoked, in the absence of evidence to the contrary.

(c) No animal shall be declared dangerous because of an action described in clause (a)i, ii or iii that occurred while the animal was:
                      i             acting in the performance of police work; or
                      ii             working as a guard dog on commercial property while:
a) securely enclosed on the property by a fence or other barrier sufficient to prevent the escape of the animal and the entry of children of tender years; and
b) defending that property against a person who was committing an offence.

6. Procedures
All procedures outlined in the Municipalities Act in Section 374 to 380 inclusive shall be followed in dealing with identified dangerous animals within the Town of Cudworth.

7. Appointment of Designated Officers
Enforcement of this Bylaw shall be done by the Bylaw Enforcement Officer for the Town of Cudworth and/or any such person or persons as may be designated by the Council of the Town of Cudworth, from time to time, and includes agents or employees of that person or those persons so designated.

8. Coming Into Force
This Bylaw shall come into force on the day of its final passing.