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MUNICIPALITY OF THE COUNTY OF KINGS
For By-Law information contact the Municipal Clerk
Tel: (902) 678-6141 Fax: (902) 678-9279 E-mail: municipalclerk@countyofkings.ca
BY-LAW # 71A
DOG BY-LAW
DEFINITIONS
1.
In this By-Law:
(a)
"Corporate Services" means the Department of Corporate Services of the
Municipality of the County of Kings located in the Municipal Administration
Building on Cornwallis Street in the Town of Kentville, Province of Nova
Scotia.
(b)
"Municipal Staff" means those persons assigned by the Municipality to
administer the provisions of this By-law and for the purposes of this By-law
shall also include individuals at locations other than the Municipal
Administration Building in Kentville who are authorized to accept information
and fees related to the registration of dogs.
(c)
"Dog" means any dog, male or female, or any animal that is the result of the
breeding of a dog and any other animal.
(d)
"Owner" of a dog includes any person who possesses, has the care of, has
the control of or harbours a dog and, where the person is a minor, includes a
person with the custody of the minor.
(e)
"Hamlets" shall mean hamlets as established or designated in the Municipal
Planning Strategy of the Municipality of the County of Kings.
(f)
"Growth centres" shall mean growth centres as established or designated in
the Municipal Planning Strategy of the Municipality of the County of Kings.
(g)
"Kennel" means any premises where dogs are harboured or bred as a
commercial service or for sport or exhibition purposes for periods longer
than 60 days.
REGISTRATION
2.
Every owner of a dog, shall, on or before the first day of January in each year or
within ten (10) days of having become owner, register such dog with Municipal Staff
and shall pay a registration fee for each dog owned.
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3.
At the time of registering a dog, the owner shall supply Municipal Staff with the
following:
(a)
Name, civic address, mailing address and telephone number of the owner.
(b)
Name and breed of the dog.
(c)
Description of the dog including, where appropriate, proof that the dog has
been spayed or neutered.
(d)
Registration fee.
4.
(a)
The annual registration fee for each spayed or neutered dog and for each
dog which has not been spayed or neutered, is as set out in the Policy for
Fees.
(b)
For the purposes of this By-law, the registration year shall mean the period
from January 1st to December 31st.
(c)
The registration fee shall be reduced by 50% in the year of acquisition where
the owner acquires ownership of the dog after June 30th.
(d)
A dog that is trained to assist and assists a person with a disability is exempt
from paying a registration fee but not from registration.
5.
Municipal Staff shall keep a record of every dog registered, recording the following
information:
(a)
Registration date
(b)
Registration number
(c)
Name of dog
(d)
Description of the dog - breed and
(e)
Name, civic address, mailing address, and telephone number of the owner
and shall issue to the owner a tag for the identification of each dog registered by
the owner.
6.
Where a tag issued by Municipal Staff to an owner becomes lost, the owner shall
obtain a replacement tag from Municipal Staff for a registration fee of $5.00 or such
other fee set by Policy of Council.
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7.
The owner of every dog shall keep on the dog a collar with the tag issued for that
dog at the time of registration and such tag shall be kept securely fixed on the dog
at all times during the year until a replacement tag is issued, except that such tag
may be removed while the dog is being used for lawful hunting purposes in the
presence and under the control of the dog's owner and wearing a collar bearing the
owner's name and address.
8.
Where an owner has registered a dog and subsequently ceases to be the owner of
the dog as a result of sale or transfer of the dog, the owner shall provide to
Municipal Staff within 30 days of ceasing to be the owner of the dog written notice
of:
(a)
the name and address of the person to whom the dog was sold or
transferred;
(b)
the dog's name and description;
(c)
the dog's registration number; and
(d)
the reason for ceasing to be the owner of the dog.
9.
The owner of a dog shall deliver in writing to the Municipal Staff a statement of the
number of dogs owned or harboured, or that are habitually kept upon the premises
occupied by the owner within ten (10) days after having received notice requiring it
to be provided.
10.
Any person resident within the Municipality of the County of Kings who purchases
an unregistered and untagged dog from the Pound Keeper shall register the dog,
pay the appropriate fee and obtain a tag for such dog before taking it from the
pound.
KENNELS
11.
(a)
Every owner of a kennel shall, on or before the first day of January in each
year or within ten (10) days of having become owner, register such kennel
with Municipal Staff and shall pay a registration fee for each kennel owned.
(b)
At the time of registering a kennel, the owner shall supply Municipal Staff
with the following:
(i)
name, civic address, mailing address and telephone number of both
the owner and kennel;
(ii)
the trade or business name of the kennel;
(iii)
the registration fee.
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(c)
The annual registration fee for a kennel shall be as set out in the Policy for
Fees.
(d)
The owner of a kennel registered pursuant to this By-law is exempt from the
provisions of Section 2.
(e)
When a kennel owner ceases to be the owner of a dog as a result of the
sale or transfer of the dog to a new owner, the kennel owner shall provide to
Municipal Staff within 30 days of ceasing to be the owner of the dog written
notice of:
(i)
the name and address of the person to whom the dog was sold or
transferred;
(ii)
the dog's name and description;
(iii)
the dog's registration number, if applicable; and
(iv)
the reason for ceasing to be the owner of the dog.
DOG CONTROL AND POUND
12.
The Dog Control Officer or Officers employed by the Municipality of the County of
Kings shall be responsible for the enforcement of this By-law.
13.
The Council shall appoint a Pound Keeper who shall:
(a)
Collect impounding fees, daily pound fees and any other additional charges
as outlined in this By-law and forward such funds to Corporate Services;
(b)
Be responsible for the operation of the pound;
(c)
Provide adequate food and water to impounded dogs;
(d)
Keep the pound in a reasonable state of cleanliness;
(e)
Keep the pound premises neat and tidy in appearance.
14.
The Council shall make arrangements to provide for a pound so as to provide
sufficient yards and enclosures for the safe keeping of such animals as it is the duty
of the Pound Keeper to impound.
OFFENCES
15.
(a)
A dog runs at large in the Municipality when the dog is off the property
owned or occupied by the dog's owner without the dog being under the
apparent restraint or control of some person.
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(b)
A dog runs at large in hamlets and growth centres when the dog is off the
property owned or occupied by the dog's owner without the dog being under
the control of some person by means of a harness or leash.
16.
Every owner of a dog
(a)
who fails to register the dog pursuant to Section 2;
(b)
whose dog is not wearing a tag pursuant to Section 7;
(c)
who fails to notify Municipal Staff of cessation of ownership of a dog
pursuant to Section 8;
(d)
who fails to provide a written statement pursuant to Section 9;
(e)
whose dog runs at large;
(f)
whose dog persistently disturbs the quiet of the neighbourhood by barking,
howling or otherwise;
(g)
who harbours, keeps, or has under care, control or direction a dog that is
fierce or dangerous;
(h)
other than a dog that is trained to assist and is assisting a person with a
disability, who fails to remove the dog's faeces from public property or
private property other than the owner's;
is guilty of an offence.
17.
Every owner of a kennel
(a)
who fails to register the kennel pursuant to subsection 11(a);
(b)
who fails to notify Municipal Staff of cessation of ownership of a dog
pursuant to subsection 11(e);
is guilty of an offence.
18.
(1)
A dog is fierce or dangerous within the meaning of this By-law if:
(a)
the dog has bitten a person or domestic animal;
(b)
the dog has approached any person in a vicious or terrorizing
manner in an apparent attitude of attack;
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(c)
the dog has a known propensity, tendency or disposition to attack, to
cause injury to, or otherwise endanger the safety of human beings or
domestic animals;
(d)
the dog is owned or harboured primarily for the purpose of dog
fighting;
(e)
the dog is trained for dog fighting.
(2)
Any person who owns, harbours, keeps or has under care, control and
direction a dog that is fierce or dangerous within the meaning of this By-law
commits an offence, provided that it shall be a defense to a charge under
subsection 16 (g) of this By-law that at the time of the attack or the biting:
(a)
the dog was being tormented or abused by the person or domestic
animal attacked or bitten;
(b)
the dog was acting in defense of itself or a person;
(c)
the dog was acting as a professionally trained guard dog while
lawfully engaged for law enforcement or guard duties; and
(d)
the attack or bite was inflicted upon or sustained by a person who
was committing one or more of the following:
(i)
a willful trespass or other tort;
(ii)
a criminal act upon the premises occupied by the owner of
the dog; or
(iii)
a trespass contrary to Provincial or Federal Legislation.
19.
Evidence that one person is disturbed by a dog barking, howling or otherwise is
prima facie evidence that the quiet of the neighbourhood is disturbed.
20.
Municipal Staff shall apply to the Governor in Council pursuant to the Summary
Proceedings Act, R.S.N.S. 1989, c.450, as amended, to have the offences under
this By-law designated by the Summary Offence Ticket Regulations to permit the
use of summary offence tickets for prosecuting such offences in appropriate
circumstances.
IMPOUNDING
21.
The Dog Control Officer may, without notice to or complaint against the owner,
impound any dog that:
(a)
runs at large contrary to this By-law;
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(b)
is not registered or not wearing a tag required by this By-law;
(c)
is fierce or dangerous;
(d)
is rabid or appears to be rapid or exhibits symptoms of canine madness;
or
(e)
persistently disturbs the quiet of the neighbourhood by barking, howling or
otherwise.
22.
Except in the case where a dog is impounded for being fierce or dangerous, or is
rabid or appears to be rabid or exhibits symptoms of canine madness, the owner of
a dog which has been impounded, upon proof of ownership of the dog, may
redeem the dog after payment to the Pound Keeper as set out in the Policy for
Fees.
23.
In the case of redemption of a dog which has no tag attached to it, the Pound
Keeper shall register the dog and issue a tag, or replace the tag, and require
payment of the appropriate registration fee as provided by this By-law.
24.
(a)
Notwithstanding the foregoing, the owner of any dog which has been
impounded for its third infraction of running at large contrary to this By-law
within the space of twenty-four (24) months, shall not be permitted to
redeem such dog.
(b)
Notwithstanding the foregoing, the owner of any dog which has been
impounded either pursuant to Section 21, or to the warrant provisions
contained in the Municipal Government Act, S.N.S. 1998, c.18, as
amended, for its third infraction of persistently disturbing the quiet of the
neighbourhood by barking, howling or otherwise contrary to this By-law
within the space of twenty-four (24) months shall not be permitted to
redeem such dog. The dog may be sold or euthanized by the Pound
Keeper and, if sold, the proceeds shall be forwarded to the Municipality of
the County of Kings' Department of Corporate Services.
KILLING
25.
(a)
The Dog Control Officer may, without notice to or complaint against the
owner, kill on sight, any dog that:
(i)
is fierce or dangerous
(ii)
is rabid, or appears to be rabid or exhibits symptoms of canine
madness.
(b)
The Dog Control Officer may, after two (2) written warnings have been
given to the owner that the dog has been running at large, or eluding
MUNICIPALITY OF THE COUNTY OF KINGS
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8
capture, kill on sight, any dog which has successfully eluded the capture
attempts of the Dog Control Officer.
26.
(a)
Any dog which has not been redeemed by its owner at the expiry of a period
of seventy-two (72) hours after being impounded, may be either sold or
killed by the Pound Keeper and, if sold, the proceeds shall be forwarded to
Corporate Services.
(b)
Notwithstanding subsection 26(a), the Pound Keeper shall not sell a dog:
which is fierce or dangerous, or which is rabid, or which appears to be rabid
or which exhibits symptoms of canine madness.
(c)
Notwithstanding subsection 26(a), whenever the seventy-two (72) hours of
impounding time expires on a weekend, the Pound Keeper shall hold such
dog until the expiry of the first business day following the weekend to permit
the owner to redeem the dog.
NOTICE
27.
(a)
Upon any dog being impounded, the Pound Keeper shall check for a tag
and if a tag is found, the Pound Keeper shall attempt to contact the
registered owner of the dog using the tag number and the records of
Municipal Staff;
(b)
Notwithstanding subsection 27(a), if a dog is missing, the onus is on the
owner of the dog to ascertain whether the dog has been impounded, by
personally visiting the pound or calling the pound within the time limit
provided in Section 26 of this By-law.
PENALTIES
28.
Any person who contravenes this By-law is liable on summary conviction to a fine
of not less than One Hundred dollars ($100.00) and not more than Five Thousand
dollars ($5,000.00) and in default of payment to imprisonment for a period not
exceeding thirty (30) days.
History of this By-law
Enacted -
September 7, 2004
Amended -
May 1, 2007