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AMENDMENT TO TOWN OF LUNENBURG BY-LAW NO. 22
i
BY-LAW RESPECTING DOGS
That Section 9 of the Town of Lunenburg By-law No. 22, Dog By-law,
be amended by deleting the word "or" after Subsection 9 (a) and
adding the following words after Subsection 9 (b):
;or (C) persistently disturbs the quiet
of the neighbourhood by barking,
howling or otherwise making noise.
Done and passed in Council this
8th dav of Novembe-5,
A.D.
,% 5/7 6
Beatrice M. Renton
Town ~anager/Clerk
d
I, Beatrice M. Renton, Town
Manager/Clerk for the Town of
Lunenburg do certify that the
foregoing is a true and current
copy of an amendment to By-law
No.
22
of
the
Town
of
Lunenburg, duly passed by the
Town Council on November 8,
1995.
First Reading: September 28, 1995
Second and Third Readinq: October 26, 1995
A
-
Effective/Advertisement Date: November 8, 1995
Town of Lunenburg
Dog Bylaw, No. 2 2
Passed at a Meeting of Town Council held on April 29, 1993
The Dog Bylaw which was adopted at a meeting of Town Council held on April 29,
1993, is approved, pursuant to Section 29 of the Municipal Affairs Act, with the
following amendment:
1.
Section 2 (j) (v) is amended in line 4 by deleting the word "on" and substituting
therefore the word "in".
Dated at Halifax, Nova Scotia, thisia+day
of M\"y
, 1993.
ian You
GfQG3
hinister of Municipal Affairs
TOWN OF LUNENBURG
BY-LAW NO. 22
A BY-LAW RESPECTING DOGS
The Council of the Town of Lunenburg under the authority vested in
it by the Sheep Protection and Dog Regulation Act, R.S.N.S.1989,
6.425 enacts as followsr
Short title
1.
This By-law shall be known as and may be
cited as the "Dog By-law".
Interpretation 2.
In this By-law, unless the context other-
wise indicates:
(a) "Council" means
the
Town
of
Lunenburg Town Council;
(b) "Director of Finance/TreasurerM
means
t h e
D i r e c t o r
o f
Finance/Treasurer for the Town of
Lunenburg;
(c) "dog" means any dog, male or female;
(d) "dog control officer" means a Town
police
officer
or
a
by-law
enforcement
officer
appointed
pursuant to the Police Act or any
other person authorized by the
Lunenburg Town Council to carry out
the terms of this By-law;
(e) "enclosure" means a building, house,
or an enclosed pen or a fence of
sufficient strength, to prevent a
dog from coming in contact with
persons other than the owner of the
dog;
(f) "muzzled" means a covering device of
sufficient strength over the mouth
to prevent a dog from biting;
(g) "owner" of a dog includes any person
who possesses or harbours a dog;
- 2 -
(h) "running at large" when used in
relation to a dog means a dog not on
its owner's premises and not under
the
immediate,
continuous
and
effective control of its owner or
some other person;
(i) "Town" means the Town of Lunenburg;
and
( j )
"fierce and dangerous dog" refers to
any dog:
(i)
whose owner reasonably
knows that the dog has a
propensity,
tendency
or
disposition to attack without
provocation or cause injury to
or to otherwise endanger the
safety of human beings or
domestic animals;
(ii) that inflicts bites to or
attacks a human being or other
animal either on public or
private property;
(iii)
which when either
unmuzzled,
unleashed
or
unattended by its owner in a
vicious or terrorizing manner,
approaches any person in an
apparent attitude of attack
upon streets, sidewalks, any
public grounds or place, or on
private property other than the
owner's;
(iv)
owned or harboured
primarily for or in part for
the purpose of dog fighting or
trained for dog fighting;
(v) provided that no dog shall
be deemed "fierce or dangerous"
if it bites, attacks or menaces
a person engaged on criminal
activity
on
the
owner's
property or harms or menaces
anyone who has tormented or
abused it or is a trained guard
dog for law enforcement or . . . / 3
-
- 3 -
guard
d u t i e s
which
b i t e s ,
attacks or rnenaces a person
engaged Ln
criminal a c t i v l r y
whils c2rrj~i?q out sucn duties.
Young Dog
3.
No dog under t h e ace of four months snall
be s ~ b j e c r t o t h i s By-law.
a l l doc;s
4 . :l)
On o r before t h e f i r s t day 2.5 April i n
each and every year :he
owner 31 each dog
licensed within t h e Town s h a l l ensure t h a t such dog
i s described, registered, nllmbered and licensed a t
t h e o f f i c e o'r t h e Town's Director of
Fina~ce/:reasurer, and s h a l l on such r e g i s t r a t i o n
Fay t o the Direczsr cf Tinance/Treasurer a licence
fee a s follows:
( a ) f o r escn neutered male dog or spayed b i t c h
a license f e e of Ten Dollars (SlS.00i; and
h ) fsr each u n e u t e r e d rrale dog and unspayed
bitch, a f e e of Twenty-five E,ollars i S 2 5 . 3 0 ) .
(2!
Every license issued under t h i s By-law
s h a l l be and rernair. i p force u n t i l t h e r h i r t y - f i r s t
day of Yarch following t h e d a t e of issue.
Licsnse
Period
13)
Any p e r s ~ r . who a f t e r t h e first dzy of
April i n any yezr becomes t h e owner of a
dog
previo.~sly unlicensed
f o r
t h a t
year
s>.all
i ~ m e d i a t e i y l i c e n s e t h e sarre ard s h a l l pay the f e z
a s s e t f c r t h iL Sectioc 4 . 1 and suc5 license s h a l l
be s u f f i c i e n t u n t i l t h e t h i r t y - f i r s t day of March
i n t h e next year ensl;ir.g when such dog s h a l l be
registered and re-licensed pursuanc t3 Sectiov. 4 . 1
of t h i s By-law.
Canada Kennel
( 4 )
Th? owner of a kennel of purebred dogs
Register
which are rsgistered ic t5e Car-a& Kennel Register
may,
FP any
year,
p 2 y
tc.
t h e
Eirecror
cf
Finance/Treasurer Ten Dollars
( $ 1 0 . 0 0 ) a s a tax
upon
t h e kennel
for t h a t year,
2nd upon the
producricn of t h e Oirector of Finance/Trsasurer's
c e r t i f i c a t e of pzbmyment, t h e owner of S - ~ c h kennel
s h a l l be exempt from assessrent and any further l a x
o r l i c e n s e fees i r respec:
cf suzh dcgs fzz t h a t
year.
Guide C,ogs
(5)
This section s h a l l not apply t o any owner
Exempted
of a dog who prod-aces a c e r t i f i c a t e frorr t h e
Canadian I n s t i t u t e f o r t h e Elind t h a t t h e subject
dao i s beinq dsed 2s a guide =log f o r 2 b l i n d
person.
. . . / 4
- 4 -
(f
Dog Tags
5- (1)
On or before the first day of April in
each year every person shall procure from the
Director of Finance/Treasurer a tag for each dog
owned by him and shall keep the tag securely fixed
on the dog at all times during the year until he
procures a tag for the following year, excepting
that the tag may be removed while the dog is being
lawfully used for hunting purposes.
( 2 )
The tag shall bear a serial number and
the year in which it was issued, and a record shall
be kept by the Director of Finance/Treasurer
showing the name and address of the dog's owner and
the serial number of the tag.
( 3 )
Every owner of a dog who neglects to
obtain a tag and keep it securely fixed on his
dog or who uses a tag upon a dog other than that
for which it was issued shall be liable to a
penalty not exceeding ten dollars ($10.00).
(4)
Where an owner of a dog applies to the
Director of Finance/~reasurer for a tag after the
assessment roll has been returned and before the
collector's
roll has been delivered to the
collector and the Director of Finance/Treasurer
finds that such owner has not been assessed for the
dog, the owner shall forthwith make and deliver to
the Director of Finance/Treasurer the statement
mentioned in subsection (1) of Section 15 and the
Director of Finance/Treasurer shall make the
necessary entries in the assessment and collector's
roll, but, where the owner acquires ownership of
the dog after the expiration of six months of the
year, he shall only be charged on the collector's
roll with one half of the dog tax.
Running at
6.
No dog shall run at large within the Town
Large
and every owner of a dog whose dog is found running
Prohibited
at large is guilty of an offence.
Defecation
7.
If a dog defecates on any public or
Prohibited
private property other than the property of its
owner, the omission by the owner of the dog to
cause such defecation to be immediately removed
shall constitute a nuisance and every owner who
causes such a nuisance is guilty of an offence.
Rabid Dog
8.
Any dog known to be rabid shall be
immediately destroyed by a dog control officer or
licensed veterinarian.
The owner of a rabid dog
destroyed pursuant to the By-law shall not have any
cause of action whatsoever against the Town, dog
control officer and veterinarian.
&iiseellaneous 9.
Every owner of a dog whose dog,
(a) bites or attacks any person; or
(b) damages public or private property,
is guilty of an offence.
Fierce and
10.(1)
It shall be a nuisance for the owner
Dangerous Dog of a fierce and dangerous dog to keep or maintain
such dog, unless such dog is at all times kept in an
enclosure.
(2)
Notwithstanding subsection 10(1), a
fierce and dangerous dog may be allowed out of the
enclosure,
(a) if it is necessary for the purpose of
obtaining veterinary care for the dog;
(b) to sell or give away the dog;
(c) to move the dog from one enclosure to
another; or
(d) to remove the dog from the Town, and
provide the dog is securely muzzled and
restrained with a chain of sufficient strength
to prevent the dog from coming in contact with
persons other than the owner and not exceed
three (3) feet in length, and under the direct
control and supervision of the owner of the
dog.
(31
Every owner who causes a nuisance as
defined in subsection lO(2) shall be guilty of an
offence.
( 4 )
Any owner of a fierce and dangerous dog
shall sell or give away the dog shall give written
notice to the person who will be receiving the dog
that the said dog is a fierce and dangerous dog.
. . . /6
- 6 -
I
Dog Pounds
11. The Council may establish one or more pounds
for dogs and may appoint keepers thereof.
Dogs
12. (1)
It shall be the duty of the dog control
Impounded
officer to capture and impound at the pound
established by Council any dog,
(a) found running at large contrary to this
By-law;
(b) in respect of which the taxes or fees
imposed by this By-law have not been
paid; or
(c) which is fierce and dangerous.
(2)
A dog control officers may, in any case in
which a dog may be captured and impounded, without
notice to or complaint against the owner of any
such dog, kill the same if he is unable to capture
it.
( 3 )
The keeper of a dog pound shall receive
all dogs delivered to him by a dog control officer
and shall detain the same and furnish them with
food and water.
( 4 )
On any dog being impounded as aforesaid,
the dog control officer shall forthwith prepare a
notice in the following form:
DOG NOTICE
Take notice that a dog (giving a short description)
has been impounded at the Dog Pound (name and
address of Pound) this
day of
A.D.,
19
and unless such dog is claimed by the owner on or
be£ ore the
day of
, A.D., 19
, at
o'clock in the
noon and registered
according to law, the said dog may be sold or
killed if no sale can be made of the same.
Dated at the Town of Lunenburg, this
day of
, A.D., 19
DOG CONTROL OFFICER . . . /7
Posting of
Notice
Dog to be
Sold
Proceeds
of Sale
If Not Sold
Registration
and Licensing
of Purchased
Dog
Statement of
Number of
Dogs Owned
(5)
The said notice shall be posted in the
Lunenburg Town Hall, two other public places within
the Town and a copy forwarded to the owner if known,
not less than seventy-two hours before the time
fixed by said notice.
(6
If at the expiration of the time
fixed by the said notice no claim of ownership for
such dog is made, it shall be the duty of the
pound keeper to sell the dog for the best price
obtainable.
(7)
The proceeds of sale shall be paid over
to the Town Manager/Clerk.
(8)
Any dog which has been impounded and which
cannot be sold by the pound keeper, not less then
ninety-six hours after impounding may be killed by
the pound keeper in such manner as Council direct
from time to time.
13.
The owner of any dog impound may, upon
proving his ownership thereof, redeem the dog from
the pound upon payment of the following to the
Director of Finance/Treasurer;
(a) the registration and licence fee if
the dog is not registered and
licensed;
(b) ten dollars ($10.00) per day for
each day or part thereof, that the
dog has been kept in the pound; and
(c) a charge of twenty-five dollars
($25.00) for impounding of the dog.
14.
Any person resident within the Town
purchasing an unregistered and unlicensed dog from
a pound keeper shall register and license the
dog pursuant to the within By-law before taking it
from the pound.
15. (1)
The Director of Finance/Treasurer may
require the owner of a dog to deliver to him in
writing a statement of the number of dogs owned or
harboured by him, or which are habitually kept upon
the premises occupied by him by whomsoever owned.
. .
./E
Penalty
Repeal
(2)
Any person who neglects of refuses to
provide a statement within ten days after having
received notice requiring him to provide it is
guilty of an offence and shall be liable on summary
conviction to a penalty not exceeding twenty
dollars ($20.00) and in default of payment to
imprisonment not exceeding ten days.
16.
Any person who violates a provision of
this By-law or fails to pay any fee or tax imposed
under this By-law, unless otherwise provided, shall
be liable on conviction to a penalty not exceeding
five hundred dollars ($500.00) and in default of
payment to imprisonment for a period not exceeding
ten days.
17.
All former Dog By-laws of the Town are
hereby repealed and this By-law substituted
theref or.
Done andPassedinCounci1, this
29th day of April, 1993, A.D.
-
Mayor
n
Town Manager/Clerk
I, Beatrice M. Renton, Town
~anager/Clerk for the Town of
Lunenburg do certify that the
foregoing is a true and current
copy of By-law #22 of the Town
of Lunenburg, duly passed by the
Town Council on April 29, 1993.
Effective Date: April 29, 1993.