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## THE CORPORATION OF THE TOWN OF FORT SMITH
## BY-LAW #420
A BY-LAW OF THE CORPORATION OF THE TOWN OF FORT SMITH, IN THE NORTHWEST TERRITORIES, IC PROVIDE FOR THE CONTROL OF ANIMALS WITHIN OF THE STATUTES OF THE NORTHWESI TERRITORIES.
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WHEREAS, the Council of the corporation of the Town of Fort smith, in the Northwest Ierritories, deems it to be in the public interest to control animals within the Town boundaries;
NOW THEREFORE, the council of the Town of Fort Smith, at a duly assembled meeting enacts as follows:
## I. SHORE TITLE
That this by-law shall be cited as the "Domestic Animal control By-Law".
## 2. INTERPRETATION
## Definitions
"Animals" means horses, cattle, sheep, swine and goats;
"alter" includes bulls, cows, oxen, heifers, steers and
"Estray" means an animal that is running at large;
"Horses" includes mares, geldings, stallions, colts, fillies, asses and mules;
'Justice of the Peace" means a Justice of the Peace in and foi the Northwest Territories;
"Lawful fence" means a fence as described in Section 5.A;
"Officer" means a person appointed or authorized to be an officer under this by-law;
orant or agent of son person: means a person owning an animal and includes the
"Proprietor" means an owner Of occupier of land under any tenure and includes the servant or agent of such person;
un at large» refer to an animal that is not under the ntrol of the owner on premises other than those owned o occupied by the owner:
"Senior Administrative Officer" refers to the senior Administrative Officer Of the Town of FOIt Smith;
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## 3. RUNNING AI. LARGE
- (1) No owner shall permit an animal in the following zones:
2. (a) Low Density Residential Zone (RI)
3. (b) Medium Density Residential Zone (R2)
- (0) Multi-Family Residential Zone (R3)
5. (d) Residential One Family Mobile Home Zone (RMH1)
6. (e) Residential Mobile Home Park Zone (RMH2)
7. (f) Residential Mobile Home Subdivision (RMH3)
- (9) Town Centre (IC)
9. (h) Community Zone (P)
10. (i) Institutional Zone (I)
- (2) No owner shall permit an animal to run at large withir any area that may be defined by the Senior Administrative officer.
- (3) No owner shall permit an animal to run at large within the confines of an airport in any part of the Town at any time.
- (4) No owner of an animal shall permit an animal to run at large within any part of the Town at any time.
- (5) No owner of an animal suffering from a contagious disease shall permit such an animal to run at large within any part of the Town at any time.
## 4. DISTASE CONTROL
- In this Section, "Coggins test" means the Coggins test for Equine Infectious Anaemia.
- (2) No person shall bring into the Town of Fort Smith a horse unless first obtains, fron qualified veterinarian, a certificate to the effect that the horse:
- (a) is in good health, and
- (b) has been subjected to the Coggins test within the previous six months and has been found not to be diseased.
- (3) Where a horse has been subjected to the Coggins test, the owner or person in possession of the horse shall obtain the veterinarian who administered the test a certificate to the effect that the horse:
- (a) has been subjected to the test, and
- (b) has been found not to be diseased, and the certificate shall state the date on which the test was administered.
- (4) Where an owner or person in possession of a horse is unable , to produce, ироп demand of an officer, certificate referred to in Section 2 or 3, the horse shall be deemed not to have been subjected to the Coggins test and the officer may cause the horse to be kept in quarantine in an insect-free stable or barn until the horse has been subjected to the test and the required certificate is produced to the officer.
- (5) Notwithstanding Section 8, every person who contravenes the provisions of this section is guilty of an offence summary conviction to a fine not exceeding five hundred dollars or in default thereoí to imprisonment for a term not exceeding six months or both.
## 5. LAWFUL FENCES
- (1) Subject to subsections (2) ană (3), a lawful fence is defined as being of a height of not less than 1.2 metres above the level of the ground, constructed of woven wire, barbed wire or rails, boards of slabs, of a size and structure that will suitably confine animals under normal circumstances, and fastened to posts not more than five metres apart.
- (2) The fence surrounding growing crops or crops in the process of being harvested is not a lawful fence unless it is situated at least two metres from such crops.
- (3) A fence surrounding stacks of hay or grain is not. a lawful fence unless it is situated not less than three metres fron such stacks.
- (4) No person shall leave open any gate of a lawful fence, oi let down bars or otherwise prohibited make a gap in a lawful fence, where, by so doing, he permits an animal to run at large from the premises surrounded by the fence or an estray to enter such premises.
- (5) Where a person is the owner of an animal prohibited fron running at large under Section 3, he shall keep the animal on premises that are lawfully fenced.
- (6) Where two or more owners are required to confine animals on the same premises and the premises have to be lawfull fenced, each owner shall erect his portion of the fence required to surround the premises or pay for the erection of his portion to the satisfaction of the other owners.
- (7) The portion to be erected by each owner under Section (F hall bear the same ratio to the total area to be fencer as the number of animals to be kept by him bears to the total number of animals to be kept on the premises.
- (8) Where a dispute arises under subsection 6 or 7 as to the portion to be erected by each owner, the question may be referred to a Justice of the Peace whose decision in the matter shall be final.
## 6. ESTRAYS
- (1) easonable time, notify the owner of the estray, if know O him, or an officer; if the owner is unknown to him
2. proprietor allows estrays to remain on his premises until they can be removed by the owner or by ar officer, as the case may be, he may provide then witi such food and shelter as he provides his own animals of similar age and class.
- (3) The owner shall pay to the proprietor the expense incurred by him under section B before he is entitled ti remove the estrays.
- (4) Where the owner of an estray is unknown, an officer may, after such advertising or other efforts to fină the owner as he thinks reasonable and after five days from the day on which the officer took custody of the estray, sell it by public auction.
- (5) Ine proceeds of a sale of an estray shall be distributed In the following manner:
6. (a). the expenses, If any, of a proprietor who ha fed and sheltered the estray before it removed by the officer shall be paid to the proprietor;
7. (b) the expenses of securing, caring for and feeding the estray prior to the sale shall be paid;
8. (c) the expenses of the sale shall be paid; and
9. (d) the balance, if any shall be paid to the Senior Administrative Officer for deposit with the Towr of Fort smith account.
10. have the owner of an estray return premises of otherwise dispose of it.
## 7. INJURED ANIMALS
- (1) Where an officer finds any animal so severely injured, diseased or otherwise in animals pain that it would, in his opinion, be cruel to allow the animal to live, he the owner lestruction, summon a veterinary surgeon, not available, two reputable residents of the area, and opinion, owner, kill the animal or cause it to be killed.
- . (2) Where an officer finds any animal so severely injured, diseased or otherwise in paid that it woula, opinion, be cruel to allow the animal to live and cannot find the owner, and after taking such reasonable steps as he considers advisable, is unable to locate the owner of the animal, the officer may kill the animal or cause it to be killed.
## 8. ENFORCEMENT
- (1) The Senior Administrative Officer may appoint any person as an officer to carry out the provisions of this by-law.
- (2) Every game officer appointed pursuant to the Wildlife Act and every member of the Royal Canadian Mounted Police is ex, officio an officer under this by-law.
3. (3)
READ A FIRST TIME THIS ZL DAY OF
READ A SECOND TIME THIS \_Z DAY OF
READ A THIRD TIME THIS 2 DAX OF
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August
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October
\_,1990 A.D.
,1990 A.D.
1990 A.D.