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TIIE i\lUNICIPALITI'
LA MUNICIPA!.ITi:
OF THE COUNW OF
DU COMTE DE
RICHMOND
DOG CONTROL BY-LAW- BY-LAW #70
1.
Title and Purpose
1.1. This by-law shall be known and may be cited as the "Dog Control By-law" and
is enacted to provide for the orderly control of dogs in the Municipality of the
County of Richmond. All fees referenced in this by-law shall be set by policy
and amended by Council from time to time.
2.
Definitions
2.1. "Attack" means to injure, bite, threaten, or an assault resulting in real or
perceived injury to another person or animal.
2.2. "Bite" means wound, pierce, or penetration of the skin by a tooth or teeth.
2.3. "Canine Madness" means a dog exhibiting conditions of insanity or rage.
2.4. "Dog" means any dog, male or female, of any age, or any canine animal that
is the result of the breeding of a dog and any other canine animal.
2.5. "Dog Control Officer" means a Constable, Peace Officer, or any person(s)
authorized by the Municipality of the County of Richmond to enforce this by-
law and all its provisions and approved to enforce this by-law under the
Police Act and to issue Summary Offence Tickets pursuant to this by-law and
the Summary Proceedings Act.
2.6. "Emergency" means a present or imminent event where a Dog Control
Officer believes immediate action must be undertaken to protect the health,
safety, or welfare of people and/or animals.
2.7. "Fierce or Dangerous" means any dog:
a) that, in the absence of a mitigating factor as defined herein,
i)
attacks, or injures a person;
ii)
attacks or injures a domestic animal; or
iii) when either unmuzzled or unleashed, in a vicious or terrorizing
manner, approaches any person in an apparent attitude of attack
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upon streets, sidewalks, any public grounds or places, or on private
property.
b) that is known to have exhibited a pattern of aggressive or dangerous
behaviour without a mitigating factor;
c)
that attacks or demonstrates a propensity, tendency, or disposition to
attack a person or animal, either on public or private property;
d) that has caused injury to or otherwise endangered the safety of a person
or animal;
e) that threatens any person or domestic animal;
f)
that is owned or harboured in whole or in part for the purpose of dog
fighting, or is trained for dog fighting.
Except for Section 2.7 (b), no dog shall be deemed a "fierce or dangerous
dog" solely because it bites, attacks or menaces a trespasser on the property
of its owner, harms or menaces anyone who has tormented or abused it, was
at the time of its aggressive behavior acting in defense to an attack from a
person or animal or acting in defense of its young or is a professionally
trained guard dog for law enforcement or guard duties.
2.8. "Holiday" means a day on which normally scheduled work is suspended by
law or municipal policy.
2.9. "Kennel" means an establishment for the breeding or boarding of dogs as a
commercial service, or for sport or exhibition purposes.
2.10. "Leash" means a device used by a person to restrict movement of an animal
which is adequate for the purpose.
2.11. "License" means a license/tag/registration issued pursuant to this by-law.
2.12. "Mitigating Factor" means a circumstance which excuses the aggressive
behavior or actions of a dog where:
a) the dog, at the time of the aggressive behaviour, attacked or injured any
trespasser or individual who, through inadvertence, entered the property
occupied by its owner;
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b) the dog, immediately prior to the aggressive behaviour, was being
abused or tormented by the person attacked or injured;
c) the dog was acting in reasonable defense of itself, its owner, or another
person against an imminent threat;
d) the Municipality determines, through consultation with a veterinarian or
other qualified person, that there is another circumstance that excuses
the aggressive behavior of a dog.
2.13. "Municipal Kennel" means such premises and facilities designated by the
Municipality as a dog kennel for the keeping and disposition of impounded
animals.
2.14. "Muzzle" means a humane covering device of sufficient strength placed over
a dog's mouth to prevent it from biting.
2.15. "Noise" means an unwanted sound or activity that unreasonably disturbs the
quiet, peace, rest, enjoyment, comfort of convenience of a neighbourhood of
the Municipality or a part thereof.
2.16. "Owner" means any person or body corporate:
a) who is the licensed owner of a dog;
b) who has legal title to a dog;
c) who has possession or custody of a dog, either temporarily or
permanently;
d) who has care or control of a dog; or
e) who harbours a dog, or allows a dog to remain on his/her premises.
Where such a person is a minor, "owner" includes the parent, guardian, or
custodian of such a person.
2.17. "Owner of Premises" includes a tenant, occupier, a part owner, joint owner,
tenant in common or joint tenant of the whole or any part of the land or
building, and in the case of the absence or incapacity of the person having
title to the land or building, a trustee, personal representative, an agent, a
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mortgagee in possession, an attorney under a valid power of attorney or a
person having the care or control of the land or building.
2.18. "Running at Large" means:
a) a dog is off the property owned or occupied by the dog's owner and is not
under control by a leash or harness; or
b) a dog is on the property owned or occupied by the dog's owner but is
tethered on a tether of sufficient length to permit the dog to leave that
property.
Any dog that is off the property of its owner without being under the apparent
restraint or control of a person shall be deemed to be running at large for the
purpose of this by-law. In all areas of the Municipality, the owner of a dog
shall, while the dog is off the property occupied by the owner, keep the dog
under control by means of a harness or leash. The dog shall be deemed to
be running at large where the owner fails to use such apparatus.
2.19. "Service Dog" means any dog trained to do work or perform tasks for
the benefit of an individual with a disability or used for search and
rescue or law enforcement.
2.20. "Tag" means license as defined in this by-law.
2.21. "Threatens" means un-muzzled, leashed or unleashed, or unattended
by its owner, or a member of the owner's family, in a vicious or
terrorizing manner, and approaches in an apparent attitude of attack upon
streets, sidewalks, any public grounds or places, or on private property
other than the property of the owner, to any person or animal.
3.
Registration and Fees
3.1. To register a dog, the owner must pay a registration fee and provide the
information as outlined in Section 3.3. If the dog is under one year old, the
owner must pay an initial registration fee. Once the dog turns one year old,
the owner must pay for the lifetime registration. The owner is also
responsible for replacing any lost tag.
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3.2. Every owner of a dog shall, within thirty (30) days of having become owner,
register such dog with municipal staff, and obtain from the Municipal
Administration Office a tag for such dog. Tags shall bear a serial number and
a year of registration stamp.
3.3. The owner of a dog shall provide the Municipality with the following upon
registration:
a) Name, civic address, mailing address, and telephone number of the
owner;
b) Name, breed, and approximate age of the dog;
c) Description of the dog, including whether the dog is male or female,
spayed or unspayed, neutered or unneutered as the case may be;
d) A recent photo of the dog, to be updated at the one-year mark or upon
request;
e) Identification information such as micro-chip implants, tattoos, or other
special markings;
f)
Emergency or alternate contact in the event the dog has been found; and
g) At the discretion of the owner, any pertinent information the owner feels
may help in identifying the dog, such as temperament, inoculations, or
other identifying characteristics.
h) Upon receipt of this information, the Municipality shall supply the owner
with a tag and directions respecting the placement of the tag and a
receipt.
i)
The Municipality shall be notified immediately of any changes to the
information required under this section.
3.4. Where a registered dog has died or is sold or given to another owner, the
registered owner shall, within thirty (30) days, notify the Municipality in writing
of the same, providing the dog's registration number and new owner's name
and contact information.
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3.5. On receiving notice of the death of a registered dog, the Municipality shall
cancel its registration.
3.6. Dog registration fees are not refundable on the death of a registered dog.
3.7. Any person who becomes the owner of a registered dog is subject to a
change of owner registration/administration fee, and shall, within thirty (30)
days of becoming the owner, provide the Municipality with a written
confirmation of ownership, giving the dog's registration number and such
other particulars as required, including the new owner's full contact
information.
3.8. The owner shall not use the tag issued for one dog on any other dog.
3.9. The owner of every dog shall keep on the dog, a collar with the tag issued for
that dog by Municipality at the time of registration and such tag shall be kept
securely fixed on the dog at all times while in a public place, accepting that
the tag may be removed for hunting purposes.
3.10. The owner of a dog shall deliver in writing to the Dog Control Officer a
statement of the number of dogs owned or harboured, or that are kept upon
the premises occupied by the owner, within ten (10) days after having
received notice requiring it to be provided.
3.11. The Municipality shall keep a record of every dog registered, showing the
date and number of the registration, the name and description of the dog with
the name and address of the owner, and the respective registration category.
4.
Exemptions
4.1. Notwithstanding any of the foregoing, the following exemptions may apply:
a)
a stray dog that is harboured for less than six (6) months is exempt from
registration fees;
b)
a service dog as defined in Section 2.19 of this by-law, that is trained to
assist and regularly assist a person shall be registered, but is exempt
from any registration fee (evidence of certification may be required at the
discretion of the Municipality);
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c)
if Council authorizes by recorded resolution a fee to be paid by the owner
of a kennel of pure-bred dogs that are registered with the Canadian
Kennel Association as an annual tax upon the kennel, upon payment of
such fee the owner of the kennel is exempt from any further fee in
respect to dogs kept at the kennel that year.
5.
Responsibilities of the Owner
5.1. Every owner of a dog:
a) whose dog runs at large;
b) whose dog is not wearing a tag required by this by-law;
c) whose dog is not licensed pursuant to this by-law;
d) whose dog persistently disturbs the quiet of the neighbourhood by
barking, howling, or otherwise;
e) whose dog, at any time without the presence of a mitigating factor, has
attacked or injured any person or animal;
f)
who harbours, keeps, or has under care, control, or direction, a dog that
is fierce or dangerous;
g) whose dog damages public or private property;
h) who fails to remove the feces of such dog, other than a service dog that
is trained to assist and assisting a person with a disability from public
property or private property other than the owners.
i)
who sells or transfers a registered dog and does not report the sale or
transfer to the Municipality within thirty (30) days, along with the name
and address of the person to whom the dog was sold or transferred, a
description of the dog, and the dog's registration number;
j)
who fails to provide a statement, when requested by the Municipality in
writing within ten (10) days of receiving notice, regarding the number of
dogs owned, harboured, or habitually kept on the premises of the owner;
k) who obstructs or hinders the Dog Control Officer in the performance of
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their duties;
is guilty of an offence under this by-law.
6.
lmpoundment
6.1. The Dog Control Officer, without notice or complaint against the owner of a
dog, may impound a dog in circumstances where the Dog Control Officer
reasonably believes the dog:
a) is running at large contrary to this by-law;
b) is fierce or dangerous;
c)
is a dog for which the registration fee has not been paid;
d) is rabid or appears rabid or exhibits symptoms of canine madness; or
e) persistently disturbs the quiet of the neighbourhood by barking, howling,
or otherwise.
6.2. Notwithstanding subsection 6.1, the Dog Control Officer, without notice to, or
complaint against the owner of any dog, may apply for a warrant to seize and
impound any dog where the Dog Control Officer is investigating a report and
reasonably believes a person is harbouring, keeping, or has under care,
control and direction a dog that:
a) is rabid or appears to be rabid,
b) exhibits symptoms of canine madness,
c) is fierce or dangerous, or
d) persistently disturbs the quiet of the neighbourhood or area, by barking,
howling, or otherwise.
6.3. As outlined in Section 6.2, a Dog Control Officer may, under the authority of a
warrant, empower the person named on the warrant to:
a) enter and search the place where the dog, at any time;
b) open and remove any obstacle preventing access to the dog; and
c) seize and deliver the dog to the municipal kennel and for such purpose
break, remove, or undo any fastening of the dog to the premises; and
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d) destroy the dog where the person named on the warrant is unable to
seize the dog safely.
7.
General Procedures After Impounding
7.1. Any dog without a tag which has not been redeemed after a period of
seventy-two (72) hours may, after the expiration of that period and at the
discretion of the Municipality, become the property of the Municipality, and
may be offered to the SPCA for adoption without further notice to the owner.
Whenever the 72 hours impounding time expires on a weekend or holiday,
the Dog Control Officer shall hold such dog until the expiry of the first
business day following the weekend or holiday to permit the owner to redeem
the dog.
7.2. If a dog without a tag is missing, the onus is on the owner of the dog to
ascertain within seventy-two (72) hours of the dog being impounded, whether
the dog has been impounded; neither the Dog Control Officer nor the
Municipality shall incur liability in the event of failure to contact the owner.
7.3. Any dog with a tag shall require the Municipality to make at least one attempt
to contact the registered owner of the dog using the tag number on the
records at the Municipality. The registered dog may, after the expiration of
that period and at the discretion of the Municipality, become the property of
the Municipality and may be offered to the SPCA for adoption.
8.
Dogs Repeatedly Running at Large
8.1. In cases where a dog has been captured or impounded on two (2) previous
occasions while running at large within the past twelve (12) months, and the
dog has a tag, the owner will be provided with:
a) A statement that the dog will be given away, sold, or destroyed by the
Dog Control Officer, provided that the date of such action shall not be
any less than five (5) days from the date of mailing of the notice; and
b) Notice that the owner may make written representations to the
Municipality respecting the giving away, sale, or destruction of the dog by
delivering to the Municipality such written representations two (2) days
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prior to the scheduled date that the dog will be given away, sold, or
destroyed.
8.2. If a dog is without a tag and has been captured and impounded and is
deemed to be impounded on two previous occasions, Section 7.1 applies.
8.3. 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 twelve (12)
months, shall not be permitted to redeem such dog. The dog becomes the
property of the Municipality and may be offered to the SPCA for adoption
without further notice to the owner.
9.
Dogs Causing Disturbance
9.1. Evidence that one person is persistently disturbed by a dog barking, howling,
or otherwise shall be considered prima facie evidence that the ongoing peace
of the neighbourhood is being disrupted, thereby warranting an investigation
to determine whether the noise exceeds what is considered normal.
9.2.
In determining what is "normal" in the context of this Section, the Dog
Control Officer shall consider one or more, but not limited to, the following
factors:
a) The time of day that the dog is reported as disruptive;
b) The frequency and duration of the reported disruptive behaviour; and,
c) The proximity of neighbours and population density of the neighbourhood.
9.3. If it is determined, based on reasonable grounds, that a dog is being
disruptive, as defined in this Section, the owner shall be subject to a penalty
as outlined in Section 16.
9.4. The owner of any dog impounded for a third infraction of persistently
disturbing the quiet of the neighborhood by barking, howling, or making other
noise in violation of this by-law within a twelve (12) month period shall not be
permitted to redeem the dog. The dog shall become the property of the
Municipality and may be offered to the SPCA for adoption without further
notice to the owner.
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10.
Rabid or Diseased Dogs
10.1. Dogs impounded that appear to be rabid or exhibiting symptoms of canine
madness shall be held for ten (10) days in accordance with the Nova Scotia
Rabies Response Plan.
10.2. When a dog is impounded under this clause, the Dog Control Officer shall
consult with a veterinarian or other qualified person to confirm that the dog is
rabid or suffering from canine madness, and if so, the dog shall be
euthanized.
10.3. If the dog impounded under this clause is found not to be rabid or suffering
from canine madness, it shall be dealt with under Section 7.
11. Fierce or Dangerous Dogs / Dog Attacks
11 .1. The Dog Control Officer shall investigate any dog alleged to be fierce or
dangerous in a timely manner following the alleged occurrence. If the Dog
Control Officer believes, on reasonable grounds, that the dog acted fiercely
or dangerously without the presence of a mitigating factor, may:
a) Obtain a warrant, as outlined in Section 6.2, to seize and impound the
dog for public safety until the owner satisfies the Municipality that the dog
no longer threatens the public.
b) Impose an order of conditions, as outlined in Section 11.2.
c) Have a dog destroyed, as outlined in Section 14.
d) Hold a dog for 10 days to undergo welfare and behavioural assessment
to determine eligibility for return to the owner. The Dog Control Officer
may extend the period of impoundment, under the direction of a
veterinarian or other qualified person, if more time for assessment is
required.
i.
Prior to making a decision as to return a dog, the Dog Control Officer
shall share the results of any tests or assessments with the owner
and shall provide the owner at least two (2) business days to submit
a written response.
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11 .2. When a dog is determined to be "fierce or dangerous" within the meaning of
this by-law, the Dog Control Officer may impose an order of conditions that
the dog owner is obligated to follow, including but not limited to:
a) Requiring the dog to be muzzled, securely leashed, and ensure that the
dog is under the control of a person not under eighteen (18) years of
age when the dog is off the property and/ or outside of an enclosure.
b) Requiring the dog to be microchipped.
c) Requiring appropriate sign age warning of the risk posed by the dog.
d) Any other condition deemed necessary to ensure the safety of the
public.
e) Requiring the dog to be secured indoors or if outside, in an escape-proof
enclosure on property owned by the owner.
i.
An outdoor escape-proof enclosure must be a locked pen or other
structure to prevent its escape and capable of preventing the entry
of any person not in control of the dog, which locked pen or other
structure has secure sides and top and has no bottom secured to
the sides, the sides are embedded in the ground to a minimum
depth of thirty (30) centimeters, and the locked pen or structure is at
least one and one-half (1 .5) meters wide by three (3) meters long
and one and one-half (1.5) meters in height, and is not located
within 1.2 meters of the property line.
11.3. If a dog declared fierce or dangerous is not maintained or controlled in
accordance with the conditions of its release, the Dog Control Officer may, as
outlined in Section 6.2, obtain a warrant to seize and impound the dog.
12. Fees and Conditions for Release of a Dog from a Kennel
12.1. For dogs that are eligible to be redeemed from the municipal kennel by an
owner, or person having the written authorization of the owner, may reclaim
the dog from the municipal kennel before it is adopted or disposed of, upon
payment of all fees, including but not limited to: impoundment fees, boarding
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fees, apprehension expenses, veterinary treatment and testing fees, and any
charges related to special care provided during impoundment. In addition, the
owner must produce a valid municipal dog tag before the dog can be
redeemed from the municipal kennel.
12.2. In addition to any Summary Offence Tickets that are issued, every owner
who redeems a dog from the municipal kennel shall be liable for payment of
all fees incurred as described in Section 12.1., and must produce a valid
municipal dog tag before the dog(s) can be redeemed.
12.3. The Municipality may impose conditions on an owner who redeems a dog
from the municipal kennel as the Dog Control Officer determines are
appropriate. Conditions may include but are not limited to the following: a
muzzle order, leash requirement, microchip, or fencing/containment
requirements.
13. Tranquilizing of a Dog on Site
13.1. The Dog Control Officer may tranquilize any dog, whether or not it is fierce or
dangerous, without notice or impounding if:
a)
the dog is running at large; and
b)
the Dog Control Officer is unable to safely seize the dog due to
concerns for their safety or the safety of others.
14. Destruction of a Dog on Site
14.1. The Municipality may, without notice to or complaint against the owner,
destroy on site any dog that is fierce or dangerous, is running at large and
eluding capture, or is rabid or appears to be rabid, if:
a)
There is an emergency, and the dog poses an immediate danger to a
person or a domestic animal or to property or person other than the
owner; or
b)
The person named in a warrant issued to seize a dog is unable to seize
the dog safely.
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15. Duty to Report
15.1. In the event of an emergency, or during the course of a normal by-law
response, it is suspected that a dog has been abused or neglected, the
Municipality must notify a peace officer having authority under the Animal
Protection Act. The officer(s) may, with the assistance of the Dog Control
Officer, take the dog into protective care and, if necessary, provide veterinary
services to such dog. The cost of care and any veterinary services so
provided shall be paid by the owner. These instances must be reported to the
Nova Scotia SPCA's Chief Provincial Inspector.
16. Penalty
16.1. The Dog Control Officer, at their sole discretion and based on factors
including, but not limited to, the severity of the offence, history with the dog,
any mitigating factors, and the likelihood of repeat offences, may issue a
written warning for an offence rather than immediately imposing a fine.
16.2. Every owner of a dog that commits an offence under Section 5 of this by-law,
upon conviction, and was not issued a warning, shall be liable to a penalty of
not less than one hundred dollars ($100) and not more than five thousand
dollars ($5,000.00) and, in default of payment, to imprisonment for a term not
exceeding thirty days. The penalties are outlined in Schedule A.
16.3. Where any person contravenes the same provision of this by-law twice within
one twelve (12) month period, the specified penalty payable in respect to the
second contravention shall be double the amount specified in Schedule A of
this by-law.
16.4. Where any person contravenes the same provision of this by-law three or
more times within one twelve (12) month period, the specified penalty
payable in respect of the third or subsequent contravention shall be triple the
amount specified in Schedule A of this by-law.
17.
Repeal and Replace
17 .1. The By-Law Respecting Dogs, By-law No.13, and all other versions of By-
law No.13, are repealed and replaced with this by-law.
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This By-law is effective upon publication.
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Warden
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This is to Certify That the foregoing By-law was passed at a duly
called meeting of the Council of the Municipality of the County of
Richmond held on the 24th day of June 2025. GIVEN under the hands of
the Warden and Clerk and the seal of the Municipality this 24th day of
June 2025.
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MOCR Dog Control By-law #70 - Schedule A - Summary Offence Ticket Penalty Schedule Page 1 of 1
Schedule "A"
Dog Control By-law - By-law # 70
Summary Offence Ticket Penalty Schedule
Description of Offence
Section
SOT
Owning a dog that runs at large
5.1 (a)
$100.00
Owning a dog not wearing tag in public
5.1 (b)
$100.00
Owning a dog not licensed
5.1 (c)
$100.00
Owning a dog that persistently disturbs the peace
(barking/howling) or otherwise
5.1 (d)
$100.00
Owning a dog that has attacked or injured a person or
animal (no mitigating factor)
5.1 (e)
$1,000.00
Keeping or harboring a fierce or dangerous dog
5.1 (f)
$1,000.00
Owning a dog that has caused damage to public or
private property
5.1 (g)
$200.00
Failing to clean up dog feces in public or on others'
property
5.1 (h)
$100.00
Failing to report sale or transfer of registered dog
within 30 days
5.1 (i)
$100.00
Failing to provide required statement regarding number
of dogs
5.1 (j)
$100.00
Obstructing or hindering Dog Control Officer
5.1 (k)
$500.00
- The contravention of the same provision of this by-law twice within one twelve
month period shall double the above.
- The contravention of the same provision of this by-law three or more times
within one twelve month period shall triple the above.
THE MUNICIPALTTY
LA MUNICIPALITE
OF THE COUNTY OF
DU COMTE DE
RICHMOND