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BE IT RESOLVED that the Council of the Municipality of the County of Colchester, under the
authority of the Municipal Government Act, SNS 1998, c 18, wishes to adopt the following By-
law:
1. Short Title
1.1 This By-law may be cited as the "Livestock Control By-Law."
2. Definitions
2.1 In this By-law,
a) "Animal Control Officer" means any person appointed by the Municipality and
designated with responsibility of assisting with the enforcement of this By-law;
b) "Appeals Committee" means the Appeals Committee appointed pursuant to the
Appeals Committee By-law;
c) "CAO" means the Chief Administrative Officer of the Municipality;
d) "Council" means the Council of the Municipality of the County of Colchester;
e) "Enclosure" means
1. a secure barn or other secure building; or
2. a piece of land properly fenced with fences built in accordance with the Fencing
Guidelines of Nova Scotia established by the Nova Scotia Department of
Agriculture;
f) "Impound" means to seize and place in a Pound and includes all activities
incidental thereto;
g) "Impoundment Fees and Expenses" means all costs and expenses incurred for the
seizure and transport of any Impounded Livestock and the keeping of any Livestock
in a Pound and includes:
1. All Impounding fees, all Pound fees, penalties and any other fees and
expenses set by the Pound Keeper or as determined by policy of the
Municipality from time to time, which may include (but is not limited to):
i. Redemption fee;
ii. Boarding fee for each day, or part thereof, that the Livestock has been
impounded;
iii. Any veterinary fees or expenses which are incurred while the Livestock
has been impounded;
Chapter 14
Livestock Control By-Law
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iv. Licensing fees, if required; and
2. All costs of seizing, rounding up, corralling or pursuing any Livestock; and
3. All costs of transport of any Livestock and engagement of personnel required
therefore from time to time until the Livestock is returned to the owner or sold
or destroyed under this By-law, as the case may be.
h) "Inspector" means any person appointed by the Municipality and designated with
responsibility to administer this By-law and shall include, but not be limited to, the
Manager of Inspection Services for the Municipality, Animal Control Officer, or other
persons designated by the Inspector;
i) "Livestock" includes cattle, horses, ponies, mules, donkeys, sheep, swine, and
goats;
j) "Livestock Owner" includes any person who possesses, has the care of, has the
control of or harbours Livestock, and, where the person is a minor, includes a
person having custody of the minor;
k) "Municipality" means the Municipality of the County of Colchester;
l) "Pound" means a pound or pounds established by the Municipality, or if no pound
is so established, any place designated by the Municipality or by the CAO for the
Impounding of Livestock;
m) "Pound Keeper" means a person or persons appointed by resolution of Council as
keeper of Livestock under this By-law, or, in the absence of any such resolution,
any person or persons designated by the Inspector as the Pound Keeper;
3. Livestock Running at Large
3.1 Within the boundaries of the Municipality, no Livestock Owner shall allow Livestock
to run at large on property not owned by the Livestock Owner unless the Livestock
Owner has permission. Notwithstanding that a property owner or occupier has
permitted Livestock owned by another on his/her property, the Livestock Owner
continues to be responsible for the care and control of the Livestock.
3.2 Every Livestock Owner whose Livestock runs at large is guilty of an offence.
3.3 Livestock run at large in the Municipality where:
a) the Livestock is off the property owned or occupied by the Livestock Owner or
without the Livestock being under the apparent restraint or control of some
person;
b) the Livestock is tethered on a tether of sufficient length to permit the Livestock
to leave the property owned or occupied by the Livestock Owner;
c) the Livestock is on property not owned by the Livestock Owner where a sign has
been erected prohibiting such Livestock from being on the property; or
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d) the Livestock is on property not owned by the Livestock Owner where a sign has
been erected requiring such Livestock to be under the control of some person by
means of a harness or leash while on the property, and the Livestock is not under
such control.
4. Duties of a Livestock Owner
4.1 It shall be an offence by the Livestock Owner if Livestock:
a) is off the property of the Livestock Owner at any time unless that Livestock is:
1. enclosed inside an Enclosure with the permission of the owner or occupant
of the building or fenced area;
2. securely tethered on a leash, harness, chain or other device that is held by a
person in an escape-proof manner;
b) damages any public or private property; or
c) defecates on any public or private property other than the property of the
Livestock Owner, unless the Livestock Owner immediately removes the
defecation.
4.2 Subsection 4.1(c) shall not apply to a licensed service animal.
4.3 The Livestock Owner shall build and maintain an Enclosure sufficient to prevent
the escape of Livestock.
4.4 Where the Inspector has determined that the Livestock Owner is not in compliance
with section 4.3, the Inspector may issue an Order to the Livestock Owner that the
Livestock Owner shall, at the Livestock Owner's sole expense, build or repair an
Enclosure.
4.5 An Order issued pursuant to section 4.4 shall specify the date on which the
Enclosure is to be built or repaired.
4.6 A Livestock Owner may, within seven (7) calendar days of being served with an
Order issued pursuant to section 4.4, appeal the Order of the Inspector to the
Appeals Committee. For further clarity:
a) The day a Livestock Owner receives an Order shall not be counted in
determining the seven (7) calendar day period; and
b) Where the seventh (7th) calendar day falls on a day that the Municipal Clerk's
Office is not open, the final day on which to file an appeal is the next business
day.
4.7 An appeal filed pursuant to section 4.6 shall be commenced by the Livestock
Owner filing a written notice with the Municipal Clerk which clearly states the
grounds for the appeal.
4.8 If the owner files an appeal pursuant to section 4.6 but the Appeals Committee is
not scheduled to meet before the date on which the Enclosure is to be built or
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repaired as set out in the Order, the Order shall be held in abeyance until the
Appeals Committee has rendered its decision on the appeal. Notwithstanding the
filing of an appeal, a Livestock Owner's obligations pursuant to this By-law,
including but not limited to those obligations set out at sections 3 and 4 of this By-
law, remain in full force and effect.
4.9 After hearing an appeal filed pursuant to section 4.6, the Appeals Committee may:
a) dismiss the appeal;
b) allow the appeal and reverse the decision of the Inspector; or make any
decision the Inspector could have made under this By-law.
5. Pound, Pound Keeper and Fees
Impoundment of Livestock which Runs at Large
5.1 Any Livestock which runs at large may be Impounded by the Municipality, whether
or not the Livestock is at large at the time of Impoundment.
5.2 Fees for Impoundment of Livestock which run at large shall be as determined by
policy of the Municipality from time to time.
Pound and Pound Keeper
5.3 The Municipality, for the safekeeping of such Livestock as are impounded, may
establish a Pound or Pounds for Livestock and may appoint a Pound Keeper or
Pound Keepers in respect thereof.
5.4 A Pound Keeper shall keep all Livestock delivered to it in accordance with this By-
law and shall:
a) Ensure the collection of all Impoundment Fees and Expenses;
b) Be responsible for the operation of the Pound;
c) Provide adequate and appropriate food, water and care to Impounded
Livestock;
d) Keep the Pound in a reasonable state of cleanliness; and
e) Keep the Pound premises neat and tidy in appearance.
5.5 Notwithstanding anything in this By-law, where the Inspector determines that the
Livestock Owner does not have an Enclosure sufficient to prevent the escape of
Livestock, on direction of the Inspector the Pound Keeper shall not allow Livestock
to be claimed by the Livestock Owner or a person on his or her behalf.
Impounded Livestock that are Injured, Ill or otherwise in Need of Medical Care
5.6 Where a Pound Keeper believes that Livestock which has been Impounded may
suffer from an injury or illness or otherwise requires medical attention, the
Livestock may be examined by a licensed veterinarian for the purpose of
assessing the Livestock's condition and providing reasonable veterinary care to
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the Livestock so that its life is not endangered and any pain endured by the
Livestock is reduced consistent with humane principles.
5.7 Should Livestock be examined by a licensed veterinarian in accordance with
section 5.6 of this By-law, all licensed veterinarian expenses shall be recoverable
against the Livestock Owner together with any Impoundment Fee and Expenses.
5.8 Notwithstanding anything in this By-law, the Pound Keeper shall not allow to be
claimed, by a Livestock Owner or any other person, Livestock which a licensed
veterinarian determines to be suffering permanently diminished quality of life
due to injury, illness or other medical condition and the Pound Keeper may, on
recommendation of the licensed veterinarian, have the Livestock destroyed in a
humane manner.
5.9 Neither the Pound Keeper nor the Municipality, its employees, servants, agents
or officers, shall be responsible for any injury to or for the death of any Livestock
while Impounded.
5.10 The Livestock Owner of an Impounded Livestock shall not be allowed to claim any
Livestock that has been Impounded until such time as all outstanding
Impoundment Fees and Expenses have been paid.
Sale of Livestock
5.11 Where Livestock has been impounded for a period of seventy-two (72) hours and
where the Livestock Owner of any Impounded Livestock:
a) is unknown, or cannot be located;
b) has not complied with an Order pursuant to Section 4.4; or
c) does not pay any outstanding Impoundment Fees and Expenses after having
been given notice to do so;
the Pound Keeper may sell the Livestock for the best price which can be
obtained for it, and, after deducting from the sale price all of the expenses of
the sale, shall apply the balance (the "net proceeds") as set out in sections 5.14
and 5.15 of this By-law.
5.12 The Pound Keeper shall give notice of sale pursuant to section 5.11 of this By-
law in writing, as follows:
a) where the Livestock Owner of the Livestock to be sold is unknown, or cannot be
located, by posting a notice in three (3) conspicuous public places; and
b) where the Livestock Owner of the Livestock to be sold is known to the Pound
Keeper, by delivering notice by personal delivery to the Livestock Owner as soon
as practicable, but no less than twenty-four (24) hours prior to the completion
of the sale.
5.13 The notice referred to in Section 5.12 shall be in the form attached hereto as
Schedule "A" and shall contain the following:
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a) A description of the Livestock;
b) The time, date and location of finding the Livestock;
c) The place where the Livestock is detained; and
d) A statement advising that unless the Livestock is claimed and all
Impoundment Fees and Expenses are paid, that the Livestock will be sold, or
if the Livestock is unable to be sold, that the Livestock will subsequently by
destroyed in a humane manner.
Sale Proceeds
5.14 Any net proceeds resulting from a sale of Livestock pursuant to section 5.11 of
this By-law shall be applied to pay any outstanding Impoundment Fees and
Expenses.
5.15 Any net proceeds resulting from a sale of Livestock which remain after the
payment of any outstanding Impoundment Fees and Expenses pursuant to
section 5.14 of this By-law shall be returned to the Livestock Owner, or if the
Livestock Owner is unknown or cannot be located, shall be remitted by the Pound
Keeper to the Finance Officer of the Municipality and shall form part of the
general revenues of the Municipality.
5.16 Where outstanding Impoundment Fees and Expenses remain after the net
proceeds resulting from a sale of Livestock are applied to said outstanding
Impoundment Fees and Expenses, the Municipality may recover the remaining
outstanding Impoundment Fees and Expenses from the Livestock Owner as a
debt.
Enforcement and Penalties
6.1 Any person found guilty of an offence under this By-law is liable on summary
conviction to a penalty of not less than one hundred ($100) dollars and not more
than five thousand ($5,000) dollars.
6.2 The Inspector, when engaged in determining whether this By-law is being
complied with, together with such personnel as the Inspector may deem
necessary to do so, may enter upon and pass over any land and may enter upon
or into private property, and on said private property may inspect any Enclosure,
apparatus or other thing necessary to determine whether this By-law is being
complied with.
6.3 The Animal Control Officer, when engaged in enforcing this By-law, together with
such personnel as the Animal Control Officer may deem necessary to do so, may
enter upon and pass over any land and may enter upon or into private property,
and on said private property may take all reasonable steps to gain custody and
control of any Livestock at large.
6.4 Pursuant to section 6.3 of this By-law, the Animal Control Officer may, without or
without notice to or complaint against the Livestock Owner, destroy on sight and
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in a manner consistent with humane principles any Livestock at large to which
this By-law applies where the Animal Control Officer believes on reasonable and
probable grounds:
a) that destroying the Livestock is the only way to protect people or public or
private property from harm; or
b) that the Livestock has sustained fatal injuries.
6.5 Pursuant to sections 6.3 and 6.4 of this By-law, neither the Animal Control Officer
nor the Municipality, its employees, servants, agents or officers, shall be
responsible for any injury to or the death of Livestock while at large.
6.6 Neither the Inspector, Animal Control Officer, the Municipality, its employees,
servants, agents or officers, commits an offence by reason only of their entry onto
or into private property pursuant to sections 6.2, 6.3 or 6.4 of this By-law.
6.7 Neither the Inspector, Animal Control Officer, the Municipality, its employees,
servants, agents or officers, shall have or suffer any criminal or civil liability for
any act done or omitted to be done under this By-law.
THIS IS TO CERTIFY, that amendments to Chapter 14 - Livestock Control By-law was duly approved at a duly
called meeting of the Municipal Council of the Municipality of the County of Colchester, duly convened and held
on the 25th day of September, A.D., 2024.
GIVEN under the hand of the Municipal Clerk and under the corporate seal of said Municipality on this 10th day
of October, A.D., 2024.
Dan Troke
Municipal Clerk
First Reading: August 29, 2024
Notice of Intent: September 4, 2024 (Municipal website)
Second Reading: September 25, 2024
Notice of Approval: October 3, 2024 (Truro News)
I, Dan Troke, Municipal Clerk of the
Municipality of the County of Colchester, do
hereby certify that the adjacent Notice of
Approval is a true copy of the Notice of
Approval of Chapter 14 - Livestock Control By-
law, duly advertised in the Thursday, October
3, 2024, issue of the Truro News.
Given under the hand of the Municipal Clerk
and under the corporate seal of said
Municipality this 10th day of October, 2024.
Dan Troke
Municipal Clerk
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Schedule "A"
NOTICE OF IMPOUNDMENT
You are hereby notified that Livestock believed to be owned by you was impounded on the
____ day of ____________________, 20____, pursuant to the provisions of the Livestock at
Large By-Law of the Municipality of the County of Colchester. Unless the said Livestock is
claimed and all impoundment fees and expenses are paid on or before the ____ day of
____________________, 20____, the Livestock will be sold and/or destroyed in a humane
manner pursuant to the By-law.
DATED at _____________________, in the County of Colchester and Province of Nova Scotia,
the ____ day of ____________________, 20____.
Description of the Livestock
_____________________________________________________________________
Time, Date and Location of Finding the Livestock
_____________________________________________________________________
Arrangement for Release to be made with Manager of Inspection Services or Animal Control
Officer
______________________________________________________________________
___________________________________
Manager of Inspection Services
or Animal Control Officer