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MUNICIPALITY OF THE COUNTY OF VICTORIA
A by-law respecting the registration and regulation of dogs
By-Law No. 0803
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 County of
Victoria.
2.
This By-Law repeals and replaces the former By-Law Respecting Dogs, being
By-Law No. 9 as amended on 11 March 1996.
Definitions
3.
In this By-Law, unless the context otherwise indicates:
a.
"dog" means any dog, male or female, or any animal that is the result
of the breeding of a dog with any other animal.
b.
"Dog Control Officer" means any person authorized by the
Municipality of the County of Victoria to enforce this by-law and all
its provisions, and approved to enforce the Dog Control By-Law under
the Police Act and to issue Summary Offence Tickets pursuant to this
by-law and the Summary Proceedings Act.
c.
"domestic animal" includes pets and farm animals;
d.
"fierce or dangerous dog" means
i.
any dog with a known propensity, tendency or disposition
to attack without provocation other domestic animals or
persons;
ii.
any dog which has bitten another domestic animal or
person without provocation;
iii.
any dog which attacks a person or other domestic animal;
iv.
any dog which injures a person or other domestic animal;
v.
any dog which terrorizes, including by approaching in an
apparent attitude of attack, a person or other domestic
animal on any public space, street, sidewalk, road, or on
any private property other than the property of the owner;
This electronic version of this By-law is provided by the Clerk of the Municipality of the County of Victoria for your convenience and personal use
only. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult the Clerk's office.
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vi.
any dog owned or harboured for the purpose of dog
fighting;
vii.
any dog trained for dog fighting;
viii.
any dog designated "fierce or dangerous" by the Dog
Control Officer in notice to the owner;
provided that no professionally trained guard dog shall be deemed
"fierce or dangerous" while lawfully engaged in law enforcement.
e.
"impounded" means seized or taken into possession or control by the
Dog Control Officer;
f.
"Municipality" means the Municipality of the County of Victoria, its
officers, agents or employees as the context requires;
g.
"owner" means any person who possesses, has care or control of, or
harbours a dog and, where the person is a minor, includes a person
responsible for the custody of the minor.
Registration
4.
Every dog residing in the Municipality must be registered annually with the
Municipality.
5.
Dogs are to be registered in the month of April for the fiscal year commencing
on April 1st.
6.
To register a dog, the owner must provide the Municipality with the required
registration information and the applicable registration fee.
Required Registration Information
7.
The following information is required for the registration of a dog in the
Municipality:
a.
owners' name, civic and mailing address, telephone number(s);
b.
name of the dog;
c.
breed(s) of the dog, including insofar as known where the dog is of
mixed breed;
d.
Canadian Kennel Club individual identification number if applicable;
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e.
Description of the dog, including: age, gender, whether spayed or
neutered or not, and where dog is spayed or neutered, certification of
same;
f.
recent photograph of the dog - provided that the owner may make the
dog reasonably available for the Dog Control Officer to photograph
the dog.
Registration Fees
8.
The following registration fees apply until and unless revised by Municipal
Council by amendment, by schedule or by costs and fees by-law:
a.
annual registration fee for a spayed female dog = $10;
b.
annual registration fee for a neutered male dog = $10;
c.
annual registration fee for an un-spayed female dog = $25;
d.
annual registration fee for an un-neutered male dog = $25.
9.
Every dog registration must be renewed by payments of registration fee no
later than 30 April for the fiscal year commencing April 1st.
10.
Registration fees are due and payable notwithstanding the owner has received
no notice of registration renewal from the Municipality.
11.
The Municipality shall record fees paid for each registered dog.
12.
Proof of payment of dog registration fees shall be by receipt received from the
Municipality or by cancelled cheque.
13.
Any person, who becomes a dog owner after the 30th day of April in any year,
shall ensure the dog is registered with the Municipality for that fiscal year
within one week of becoming owner.
14.
Any dog for whom the registration fee has not been paid in full to the
Municipality within the required time shall be an unregistered dog under this
by-law.
Additional Information
15.
At registration, a dog owner may provide additional information respecting
the dog being registered, provided that by receiving such information, the
Municipality does not agree nor is it required to give particular notices, make
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particular contacts, or use particular veterinary services in respect of the
subject dog.
Updates
16.
On renewing registration, an owner should provide in writing any new
relevant information about the dog, such as neutering or spaying since last
registered.
17.
The Municipality may require certification of neutering or spaying for
purposes of confirming the subject registration fee.
18.
Where a registered dog has died or is sold or given to another owner, the
registered owner shall, within ten days, notify the Municipality in writing of
the same, providing the dog's registration number and new owners' name and
contact information.
19.
On receiving notice of death of a registered dog, the Municipality shall cancel
its registration.
20.
Dog registration fees are not refundable on the death of the registered dog.
21.
Any person who becomes the owner of a registered dog shall, within one
week of becoming the owner, provide the Municipality with written
confirmation of ownership, giving the dog's registration number and such
other particulars as required, including the new owner's full contact
information.
Required Statements
22.
The Municipality may by written notice require an owner to provide
particulars including number of dogs owned, harboured or kept on the owner's
property and the owner shall provide the required information by written
statement within ten days of receiving the notice.
Dog Registration Records
23.
The Municipality may require dog registration information to be provided by
owners on forms provided for that purpose by the Municipality.
24.
In every case, whether on a Municipal form of by letter or written or typed
statement, dog registration information provided by an owner shall be
confirmed as accurate by the owner by signature and date.
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25.
Dog registration information shall be the property of the Municipality for the
purposes of dog control and enforcement of this by-law in the Municipality.
26.
Dog registration information may be tendered in evidence by the Municipality
in any prosecution of the owner pursuant to this by-law.
Complaints and actions
27.
In addition to registration and other information provided by the owner, the
Municipality may maintain and compile records of complaints received and
enforcement actions taken by the Dog Control Officer, including notices and
warnings issued or given, in respect of any dog, and these records may be
introduced and used in evidence by the Municipality in any prosecution of the
owner pursuant to this by-law.
Dog Tags
28.
On the first registration of a dog, the Municipality shall provide the dog owner
with a Municipal dog tag bearing a serial number and the year in which the
registration is issued.
29.
Every owner is required to ensure that his or her dog is wearing a collar
fastened securely and with the proper dog tag securely affixed at all times
when the dog is outside.
30.
The dog tag is issued only on first registration and renewals of registration are
confirmed on payment of fees by annotation in the dog's registration records.
31.
In the event a dog tag is lost, the owner is responsible to notify the Dog
Control Officer and/or the Municipal Offices within 24 hours or as soon as
reasonably possible and to provide the Municipality with a signed statement
confirming the loss and to purchase a replacement dog tag.
32.
Dog tags may not be transferred from one dog to another.
Exemptions
33.
Notwithstanding any of the foregoing, the following exemptions apply:
a.
a dog trained for and providing assistance to a person with a disability
must be registered but is exempt from registration fees;
b.
dogs under the age of 3 months old are exempt from registration;
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c.
persons with disabilities who are assisted by trained service dogs are
exempt from the requirement to remove the dog's feces from
properties;
d.
working or hunting dogs, while working or hunting, are exempt from
the requirement to wear collar and tag;
e.
owners or operators of animal shelters or kennels which house dogs
for temporary periods whether by rescue or under contract shall be
exempt from the registration requirements in this by-law with respect
to such dogs, provided that such owners or operators may be required
to provide particulars to the Municipality or Dog Control Officer with
respect to the dogs being housed.
Dogs Running At Large
34.
Any dog which is off its owner's property without being under continuous
restraint and control of some person, is deemed to be running at large for the
purposes of this by-law and any prosecution hereunder.
35.
A dog tethered on a tether of sufficient length to allow the dog to leave its
owner's property is deemed to be running at large for the purposes of this by-
law and any prosecution hereunder.
Fierce or Dangerous Designation
36.
The Dog Control Officer may designate a dog as "fierce or dangerous" within
meaning of this by-law by serving written notice of same on the owner,
providing explanation for the designation, and requiring muzzling restraints
on such dog when in public.
Owner Responsibilities
37.
Every owner shall be responsible for the following:
a.
to provide appropriate, adequate care and conditions for his/her dog;
b.
to ensure the dog is under effective control;
c.
to ensure the dog does not and is not creating a disturbance or
nuisance;
d.
to ensure the dog is registered;
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e.
to ensure additional restraint including but not limited to muzzling is
used in public where the dog is "fierce and dangerous" within the
meaning of this by-law;
f.
to remove the dog's feces from public or private property other than
the owner's own property;
g.
to ensure an unsprayed female dog is not accessible by any male dogs
while the female dog is in heat, excepting in the case of arranged
breeding of purebred dogs;
h.
to make immediate attempts to locate the dog if it goes missing and to
notify the Dog Control Officer that the dog is missing, providing
registration and other particulars to help identify the dog;
i.
to provide to the Municipality such information as may be required
pursuant to this by-law;
j.
to comply with all of the provisions of this by-law respecting dog
ownership.
Offences
38.
Every owner:
a.
whose dog runs at large;
b.
whose dog is unregistered;
c.
whose dog is not wearing its dog tag as required by this by-law;
d.
whose dog persistently disturbs the quiet of the neighbourhood by
barking, howling or otherwise;
e.
who fails to remove the dog's feces from public or private property
other than the owner's own property, and to
f.
who fails to confine an un-spayed female dog as required by this by-
law;
g.
who neglects or refuses to provide a written statement or information
required by this by-law;
h.
who interferes with the Dog Control Officer in the performance of his
duties;
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i.
who refuses to hand over dog to the Dog Control Officer when told to
do so;
j.
who does anything prohibited by this by-law or neglects or fails to do
anything required by this by-law to be done by him or her;
is guilty of an offence and subject to penalty on summary conviction to the
penalties prescribed in the By-Law and under the Municipal Government Act
and such other penalties as may lawfully apply.
Impounding and Other Remedies
39.
The Dog Control Officer has the authority to seize, take control of, impound,
sell, kill, or otherwise dispose of any dog:
a.
which is fierce or dangerous within the meaning of this by-law;
b.
which is rabid or appears rabid or is exhibiting symptoms of canine
madness;
c.
which runs at large contrary to this by-law;
d.
which persistently disturbs the quiet of the neighbourhood by barking,
howling or otherwise;
e.
which is not registered as required by this by-law.
40.
On impounding a dog wearing a Municipal dog tag, the Dog Control Officer
will attempt to identify and contact the owner by reference to the registration
records, provided that nothing in this section makes the Municipality or Dog
Control Officer liable where the owner is not contacted.
41.
If, in the opinion of the Dog Control Officer, the dog is fierce or dangerous or
rabid or is exhibiting signs of canine madness, the Dog Control Officer may
destroy the dog on sight or on capture without attempting to contact the owner
first.
42.
If the Dog Control Officer has destroyed a dog wearing a Municipal dog tag,
the Dog Control Officer shall attempt to identify and contact the owner by
reference to the registration records to inform the owner of the action taken.
43.
The owner of a dog which has been seized or impounded or destroyed by the
Municipality shall be responsible to pay the costs in relation thereto, including
but not limited to the costs or providing shelter, food and care for the dog.
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44.
In any case where the Dog Control Officer determines need, he or she may
arrange for veterinarian services for a dog seized by the Dog Control Officer,
in which case the owner of the dog shall be responsible to pay to the
Municipality such costs as are incurred for veterinarian services.
45.
All costs and expenses incurred by the Municipality in relation to a seized or
impounded dog shall constitute a debt owed to the Municipality by the dog
owner and may be recovered as a debt.
46.
The Dog Control Officer may refuse to release the dog to the owner pending
payment of costs owing, in which case, every day the dog remains in the
Municipality's custody shall be costed to the owner for recovery as a debt to
the Municipality.
47.
In the exercise of his responsibilities under this By-Law, the Dog Control
Officer may pass over the land of any person where reasonably necessary.
48.
Notwithstanding any provision of this by-law, the Dog Control Officer and the
Municipality are not owners within the meaning of this by-law with respect to
any dogs seized, captured, taken into possession or control of the Dog Control
Officer or Municipality pursuant to this by-law.
Evidence
49.
In any prosecution for violation of this by-law, evidence that one person is
disturbed or offended in prima facie evidence that the public or the peace of
the neighbourhood is disturbed or offended.
Penalty
50.(a) Any person who violates or fails to comply with any provision or provisons of
this by-law shall be liable on conviction to a penalty of not less than $100.00
and not more than $5,000.00, and in default of payment to imprisonment not
exceeding ninety (90) days, providing that where a person has been issued a
Summary Offence Ticket by the Dog Control Officer in respect of such
offence under this by-law, the person may settle out of Court by endorsing a
guilty plea and paying the minimum fine, together with the administrative and
victim surcharges payable thereon, to the Clerk of the Provincial Court at the
Justice Centre in Sydney, Nova Scotia.
(b) Every day in which an offence under this by-law continues may be considered
a further offence and further Summary Offence Tickets may be issued.
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General
51. All fees payable under this by-law are taxes within the meaning of the
Municipal Government Act and where unpaid, may be collected as debt
owing to the Municipality by the owner.
52. All fees and information required to be paid or provided by dog owners herein
shall be paid at and provided to the Municipal Office in Baddeck.
This is to certify that the by-law, of which
this is a true copy, was duly passed at a duly
called meeting of the Municipal Council of
the Municipality of the County of Victoria
held on the 17th day of July, 2017.
Given under the hand of the Municipal
Clerk and under the Corporate Seal of the
said Municipality this 17th day of July, 2017.
Mr. A. W. (Sandy) Hudson
Clerk's Annotation For Official By-Law Book
Date of first reading: June 12, 2017
Date of advertisement of Notice of Intent to Consider:
June 20, 2017
Date of second reading: July 17, 2017
Date of advertisement of Passage of By-Law
August 1, 2017
Date of mailing to Minister a certified copy of the
By-Law: July 20, 2017
*Effective Date of the By-Law - August 1, 2017
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