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## ANIMAL CONTROL BYLAW
## BYLAW NO. 203
BEING A BYLAW OF THE TOWN OF CORNWALL RELATING TO THE CONTROL OF ANIMALS WITHIN THE TOWN OF CORNWALL PURSUANT TO THE PROVISIONS OF SECTIONS \_96 AND 139 OF THE CHARLOTTETOWN AREA MUNICIPALITIES ACT R.S.P.E.I. 1988, CAP. C-4.1.
## BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF CORNWALL AS FOLLOWS:
1. This bylaw may be cited as the Animal Control Bylaw of the Town of Cornwall.
## Definitions
## 2. In this bylaw:
- a. "Animal" includes, but is not limited to, dogs, cats, and other domesticated companion animals:
2. "Animal Control Officer" means any person appointed by the Town of Cornwall for the purposes of enforcing this bylaw;
- c. "Animal Shelter" means the premises selected by the Town of Cornwall for the impoundment of animals;
- d. "At Large" means an unleashed animal that is in a public place or on private property without the permission of the owner or occupant thereof
- e. "Council" means the Town Council of the Town of Cornwall;
6. "Judge" means a Judge of the Provincial Court of the Province of Prince Edward Island;
- g. "Kennel" means an establishment for the breeding and/or boarding of dogs or cats;
- h. "License" means
- i. A written certificate describing the animal, including its spay/neuter status, identifying the owner and assigning to the animal a unique number that identifies the animal and its owner; and
- ii. A metal tag that can be suspended from a collar around the animal's neck and that bears the unique number referred to in clause (i) above along with the name of the Town:
- i. "Neutered" means any animal that is sexually sterile;
- j. "Organization" means any organization, individual, association, society or other group hired by the Town of Cornwall for the purpose of controlling, impounding and/or safekeeping animals;
- k. "Owner" means the person legally entitled to ownership of a domestic animal, the erson having actual care and control of a domestic animal or the person harbouring i domestic animal within his or her lands or premises, providing that where
1. "Town" means the Town of Cornwall;
- m. Dangerous Dog means any individual dog tha
5. a domestic animal without provocation while off the owner's property
6. has inflicted severe injury on a human being without provocation on public privahas killed:
7. iii) that is attack trained
8. iv) has shown the disposition or tendency to be threatening or aggressive
- v) is kept for the purpose of security or protection, whether residential, commercial or industrial, of persons or property.
- n. "Muzzle" means a humane fastening or covering device of adequate strength over the mouth of an animal to prevent it from biting.
## Licenses
3. No person shall own a dog within the Town unless such dog is licensed pursuant to the provisions of this bylaw.
2. Upon application for a license, and prior to the issuance of a license, the owner of the dog shall provide the Town with the following information:
3. The owner's name, street address, work telephone number and home telephone number;
- b. The name, breed, description, and sex of the dog to be licensed(spay/neutered);
- c. The number of animals owned by the owner; and
- d. Such other information as may be required by the Town.
7. Upon receipt of a license, every owner of a dog shall suspend the metal tag referred to in clause 2(h)(ii) from a collar that is fastened around the neck of the dog that the metal tag remains suspended from the collar and is worn at all times.
6. Licenses issued under this bylaw shall not be transferred from one dog to another.
7. and these for l operate a nse sell be 5100.0 airy keaneese sha be for be Toear and shall expire on December 3151
3. very person who owns or operates a kennel shall comply with the requirements set out i · Code of Practice for Canadian Kennel Operations (Canadian Veterinary Medica Association 1994).
10. Where an Animal Control Officer finds that the owner or operator of a kennel does not com i wenny deelation in this section he ion hear she may suspend of revoke the license and direct that the animals be seized and impounded.
## Animal Control Officers
11. The Council may appoint Animal Control Officers for the purpose of enforcing the provisions of this bylaw.
12. The Council may enter into an agreement with an organization for the enforcement of this bylaw.
13. For the purposes of carrying out his or her duties pursuant to this bylaw:
4. an Animal Control Officer, when in pursuit of an animal, is authorized to enter onto private property within the Town and impound the animal, but this section does not authorize the Animal Control Officer to enter into a residence;
- b. an Animal Control Officer may seize any animal that is found "at large", and may impound such animal in the animal shelter, or in any other facility which, in the opinion of the Animal Control Officer, is reasonable;
- c. where an Animal Control Officer is in pursuit of an animal that has been "at large" authorize the Animal Control Officer to enter into a residence;
- d. where in the opinion of the Animal Control Officer, in consultation with a have failed;
- e. where an animal seized and impounded is injured or ill and is treated by a veterinarian, the Town is entitled to charge the person claiming the animal for the cost of treatment.
14. under which the owner may regain custody of the animal.
3. The animal shelter for animals impounded in compliance with this bylaw shall be the facility provided by the organization engaged to enforce this bylaw
## Dangerous Dogs
16. Any owner of a dangerous dog shall house such dog in a building or in a secure enclosure so that the dog may not come in contact with any person. At all times while outside the said building or enclosure, such dog shall be securely restrained and muzzled on its owner's property.
17. A dangerous dog may be seized and destroyed by the Animal Control Officer if it is "at large".
## Recovery of Impounded Animals
18. No dog shall be released from impoundment unless it is licensed and all appropriate fees are paid in accordance with the provisions of this bylaw.
19. Subject to Section 18,
- a. where an animal is impounded in accordance with this bylaw, the animal may be ecovered by the owner within 120 hours of impoundment upon payment of a fin f $50.00, plus a board fee as determined by the animal shelter for each 24 hou period or portion thereof that the animal is in the animal shelter;
4. where an animal is impounded in accordance with this bylaw on a second occasion, the animal may be recovered by the owner within 120 hours of impoundment upon payment of a fine of $75.00, plus a board fee as determined by the animal shelter for each 24 hour period or portion thereof that the animal is in the animal shelter;
- c. where an animal is impounded in accordance with this bylaw on a third occasion, the animal may be recovered by the owner within 120 hours of impoundment upon payment of a fine of $100.00, plus a board fee as determined by the animal shelter for each 24 hour period or a portion thereof that the animal is in the animal shelter;
- d. where an animal is impounded in accordance with this bylaw on a fourth occasion, the animal may be disposed of or destroyed in the manner prescribed by the
- e. where an animal is impounded in accordance with this bylaw the owner is subject to and shall pay any additional fees charged by the organization
20. Where an impounded animal has not been recovered by the owner as provided under section 19 of this bylaw, the animal may be disposed of or destroyed in the manner prescribed by the organization.
3. Where an animal is destroyed pursuant to section 20, the owner is liable to the Town for the fine and fees referred to in section 19, and for the costs incurred in destroying the animal, and for all costs, legal or otherwise, of any action that may be necessary to recover
22. The organization is authorized
5. to receive animals pursuant to an eviction, incarceration, fire or medical emergency, or for any other situation the Town deems appropriate;
- b) to temporarily keep such animals for a maximum of five (5) days;
- c) to charge the owner, when the animals are redeemed, the current per diem sheltering fee and all costs for required veterinary care; and
8. at the end of the five day protective care period, to treat such animals as day one impounded animals, unless other arrangements are agreed to between the owner
## Provision of Need
23. Every person who keeps an animal within the Town shall provide the animal or cause it to be provided with:
2. clean potable drinking water at all times and suitable food of sufficient quantity and quality to allow for normal growth and the maintenance of normal body weight;
3. the opportunity for periodic exercise sufficient to maintain good health, including he opportunity to be unfettered from a fixed area and exercised under appropriat control where the animal is not "at large"
4. the necessary veterinary care when the animal exhibits signs of pain or suffering.
24. Every person who keeps an animal which normally resides outside, or which is kept outside for short or extended periods of time, shall ensure the animal is provided with an enclosure which meets the following criteria:
- a) a total area that is at least twice the length of the animal in all directions;
- b)
- c) in an area providing sufficient shade to protect the animal from the direct rays of the sun at all times;
- pens and runs must be regularly cleaned and sanitized and excreta removed daily;
- e) pens and runs shall be constructed of material of sufficient strength and in a manner adequate to confine the dog and prevent the entry of children;
- f) pens or runs shall be located no closer than 1 metre to a property line and no closer than 5 metres from a dwelling unit located on an adjacent property.
25. No person may cause an animal to be hitched, tied or fastened to a fixed object where a choke collar or chain forms part of the securing apparatus, or where a rope or cord is tied directly around the animal's neck.
26. No person may cause an animal to be hitched, tied or fastened to a fixed object as the primary means of confinement for an extended period of time.
27. No person may cause an animal to be confined in an enclosed space, including a car, without adequate ventilation.
28. No person shall keep an animal within the Town in an unsanitary condition. Conditions shall be considered unsanitary where the keeping of the animal results in accumulation of fecal matter, an odor or insect infestation which endanger the health of the animal or any person or which disturb or are likely to disturb the enjoyment, comfort or convenience of any person in or about any dwelling, office, hospital or commercial establishment.
29. No person may transport an animal in a vehicle outside the passenger compartment unless it is adequately confined or unless it is secured in a body harness or other manner of fastening which is adequate to prevent it from falling off the vehicle or otherwise injuring
## Offences
30. Any person who fails to comply with any provision of this Bylaw is guilty of an offence and subject to the penalties set out herein.
31. The owner of an animal that is found "at large" is guilty of an offence.
32. The owner of an animal that disturbs the peace and quiet of any person within the Town i uilty of an offence
33. The owner of an animal that damages public or private property is guilty of an offence.
34. A person is guilty of an offence who:
2. nterferes with, or attempts to obstruct, an Animal Control Officer in the lega xecution of his or her duties under this bylaw
- b) escape therefrom; or
4. Any owner who allows his or her animal to defecate on public or private property other han his or her own property and does not remove the feces immediately is guilty of an
## Enforcement
37. a) The prosecution of offences under this bylaw shall be in accordance with the Town's Summary Proceedings Bylaw, as may be amended from time to time; and
2. This bylaw may be enforced and any breach thereof may be restrained by pplication by the Council to the Supreme Court of the Province of Prince Edward sland in accordance with subsection 139(3) of the Charlottetown Are Municipalities Act or any successor act or provision.
## Penalties
- A person who is guilty of an offence hereunder, or who violates any of the provisions of this bylaw, is guilty of an offence and is liable upon summary conviction:
- a) For the first offence, to a fine of not less than $100.00 and not more than $500.00;
- For a subsequent offence, to a fine of not less than $200.00 and not more than $500.00;
and in default of payment of any fine imposed, to imprisonment for a term not exceeding 60 days.
39. on adi violate any plies son or his belin any person or al cost, fen charges, or
expenses, legal or otherwise, incurred by the Town in the prosecution of the offence, the total of which cannot exceed $5,000.00.
40. Each day any person violates any provision of this bylaw shall constitute a separate offence.
41. The levying and payment of penalties shall not relieve a person from the necessity o aying any charges or costs for which he or she is liable under this bylav
## Appearance Before a Judge
42. Notwithstanding anything to the contrary stated herein, upon complaint being made to a udge that an animal has bitten or has attempted to bite a person, or that an animal has viciously attacked another animal, the Judge may issue a summons directed to the owner of the animal, which summons shall briefly state the matter of the complaint and which summons shall require the owner to appear before a Judge at a specified time and place to
43. If the complaint is proved, the Judge may make an order for the destruction of the animal may destroy the animal or remove the animal from the property for the purpose of destroying it.
44. The Judge may, in addition to any other penalty provided in this bylaw, direct the owner to pay for the costs of the proceeding and for the destruction of the animal.
## General
45. if any provision of this bylaw is held void, then such provisions shall be deemed severabl nd invalidity thereof shall not affect the remaining provisions of this bylav
46. Bylaw 202, which became February 18, 2004 is hereby repealed.
This Bylaw received first reading and formal approval at the town council meeting the 18 day of June, 2014
This Bylaw received second reading and final approval at the town council meeting the 16'h day of July, 2014
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Witness the corporate seal of the town.
Aem Dulleit
Glen 'Barney' Fullerton, Mayor
Ben Milandl
Kevin McCarville, Chief Administrative Officer
BE IT RESOLVED THAT: Bylaw No. 203, being a Bylaw relating to animal control, is hereby enacted as a Bylaw of the town and the mayor and chief administrative officer be and they are hereby authorized to sign the Bylaw and apply the town's seal thereto.
Dated the 16t day of July, 2014.
Men Zullet
Glen 'Barney' Fullerton, Mayor
Kevin McCarville, Chief Administrative Officer
This Bylaw was filed with the Minister of Finance, Energy and Municipal Affairs on this day of \_ 2014
Department of Finance, Energy and Municipal Affairs
Filed on behalf of the Minister of Finance, Energy and Municipal Affairs in accordance with s. 141(c) of the Charlottetown Area Municipalities Act.
-John
Signed
28/07/14
Dated