Companion Animal Control Bylaw 2024-04 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot c67a65faa569 · verified 2026-06-03 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## Town of Three Rivers, PEI Companion Animal Control Bylaw Bylaw #2024-04 BE IT ENACTED by the Council of the Town of Three Rivers pursuant to the Municipalities Act, R.S.P.E.I. ## 1. Title - 1.1. This Bylaw shall be referred to as the "Town of Three Rivers Companion Animal Control Bylaw" and may be cited as the "Animal Control Bylaw" from time to time. ## 2. Scope - 2.1. This Bylaw shall apply to the Town of Three Rivers. ## 3. Definitions In this Bylaw: - 3.1. "Animal" includes but is not limited to dogs and other domesticated pets. - 3.2. "Animal Shelter" means any place designated by the Town of Three Rivers for the detention of animals impounded as set out in this Bylaw. - 3.3. "Athletic Park" means an area designed for the formal individual, team or competitive sport activities and shall include all property within the external boundaries of such fields. - 3.4. "At Large" means an unleashed companion animal in a public place or on private property other than that of the owner of the companion animal without the permission of the owner or occupant of said property or a companion animal not under control. - 3.5. "Cemetery" means all cemeteries located within the Town of Three Rivers. - 3.6. "Companion Animal" means any pet or other domestic animal, male or female, or any animal that is the result of the breeding of a companion animal. - 3.7. "Council" means the Town Council of the Town of Three Rivers. - 3.8. "Dog" means a male or female dog and does not include an unweaned pup. - 3.9. "Enforcement Officer" means a duly authorized person appointed by the Town, including a Bylaw Enforcement Officer and Animal Control Officer, or a member of the Royal Canadian Mounted Police. - 3.10. "Former Owner" means the person who at the time of impoundment was the owner of an animal which has subsequently been sold or destroyed. - 3.11. "Identification System" means any system either external or internal, for the purpose of the identification of an animal which contains a serial number or other means of prescribed identification. - 3.12. "Judge" means a Judge of the Provincial Court of Prince Edward Island. - 3.13. "Kennel" means an establishment for the breeding and/or boarding of animals. - 3.14. "Leash" means a chain or other material capable of restricting the animal on which it is being used. - 3.15. "License" means permission granted upon payment of the appropriate fee. - 3.16. "Municipality" means the Town of Three Rivers. - 3.17. "Microchip" means an encoded electronic device implanted in an animal by or under the supervision of a veterinarian, which contains a unique code number that provides owner information that is stored in a central database. - 3.18. "Muzzle" means a humane fastening or covering device of adequate strength over the mouth of an animal to prevent it from biting. - 3.19. "Neutered" means any animal that is sexually sterile. - 3.20. "Noise" means barking, howling, or any other noise made by an animal. - 3.21. "Owner" means any person who possesses, has care of, control of or harbours a companion animal, or registers a companion animal and where the person is a minor, includes the person responsible for the custody of the minor. - 3.22. "Park" means the area over which the Town has ownership or exercises control, and so as not to restrict the generality of the foregoing, includes: - a. the lands and facilities designated for use as a public park including boardwalks, pathways, and roads within the designated area. - b. lands and facilities placed under the jurisdiction of the Parks and Recreation Manager, or Parks and Recreation Committee. - 3.23. "Provincial Court" means the Provincial Court of Prince Edward Island. - 3.24. "Playground" means an area on which various children's play apparatus is located. The area may be isolated on a site or may be part of a larger park and shall include that area within twenty (20) meters in all directions from the outside dimensions of any such play apparatus unless the park boundary is lesser in distance. - 3.25. "School Ground" means that area of land which is property owned by the Eastern School District of Prince Edward Island. - 3.26. "Tag" means the metal tag attached to a companion animal's collar with a unique identification number and owner's phone number. - 3.27. "Trap" means snare, spring trap, deadfall, box trap, net, leg hold, and killing trap or any other device used to capture animals. - 3.28. "Vicious Dog" means any dog whatever its age, whether on public or private property, which has: - a. without provocation, chased, injured, or bitten any other domestic animal, or human or - b. without provocation, damaged or destroyed any public or private property or - c. without provocation, threatened or created the reasonable apprehension of a threat to other domestic animals or humans or - d. without provocation, has inflicted severe injury on a human being on public or private property and which, in the opinion of the Bylaw Enforcement Officer, presents a threat of serious harm to other domestic animals or humans or - e. been determined to be a vicious dog under this Bylaw provided that no dog shall be deemed vicious if it is a professionally trained guard dog while lawfully engaged for law enforcement. - 3.29. "Wading or Swimming Area" means any area designed as an outdoor wading or swimming area. This shall include any private or public beaches, decks, backyard wading or swimming areas and shall include that area within twenty-one (21) meters in all directions of the outside dimensions of such areas. ## 4. Administration - 4.1. This bylaw shall be administered and enforced by the Chief Administrative Officer and the Bylaw Enforcement Officer(s). ## 5. Responsibility Of Dog Owners - a. The owner of a dog shall ensure that such dog shall not: - i. bite a person or persons whether on the property of the owner or not; - ili. chase or otherwise threaten a person or persons whether on the property of the owner or not, unless the person chased or threatened is a trespasser on the property of the owner; - ii. do any other act that injures a person or persons whether on the property of the owner or not; - iv. bite, bark at or chase bicycles, automobiles, or other vehicles; - v. bark or howl excessively or in any manner that disturbs the quiet of any person; - vi. cause damage to property or other animals; - vii. upset any waste receptacles or scatter the contents thereof either in or about a street, lane, or other public property or in or about premises not belonging to or in the possession of the owner of the dog; - vili. be left unattended in any motor vehicle unless the dog is restricted so as to prevent access to any persons as long as such restraint provides for suitable ventilation; - ix. be running at large. - b. The owner of a dog shall ensure that such dog is on a leash at all times when off the owner's property. 5.1. - c. The owner of a dog shall not permit their dog on any school ground, playground, athletic park, park, cemetery, wading or swimming area, unless otherwise posted, and under their control by way of proper leash at all times. - d. If a dog defecates on any public or private property other than the property of its owner the owner shall remove defecation immediately. - e. The owner of a companion animal shall provide the necessary sustenance and conditions for the animal to maintain proper health. 4. 5.2. No person shall keep a vicious dog within the Town of Three Rivers. 5. 5.3. The owner of a dog alleged to be vicious shall be provided a notice of a hearing for the determination by the Provincial Court ten (10) clear days, not including Saturdays and Sundays, before the date of the hearing. 6. 5.4. Upon application, if it appears to the Justice that the dog should be declared to be a vicious dog, he shall make an order in a summary way declaring the dog to be a vicious dog. 7. 5.5. From the time of being declared a vicious dog until the dog is removed from the town, no later than seven (7) calendar days after declaration, the owner shall ensure: - a. such dog is confined indoors and under the control of a person over the age of eighteen (18) years, or - b. when such dog is outdoors it is locked in a pen or other structure, constructed to prevent the escape of the vicious dog and capable of preventing the entry of any person not in control of the dog. - c. the locked pen or structure has secure sides and a secure top, and if it has no bottom secured to the sides, the sides must be imbedded in the ground to a minimum depth of fifteen (15) centimeters. - d. the locked pen or structure provides the vicious dog with shelter from the elements and is constructed to provincial standards. - e. the locked pen or structure complies with the setback requirements as defined in the Town's Zoning Bylaw. - 5.6. Every owner of a female dog in heat shall confine such dog within a building or secure enclosure on the owner's property in a manner as to prevent the dog from coming into contact with a male dog. Such confinement shall continue for the whole period that the dog is in heat, except that such dog may be released from confinement for intentional breeding. - 5.7. A Bylaw Enforcement Officer may seize any female dog in heat off its owner's property and not confined humanely as outlined in Section 5.6 as required and may thereupon impound such dog in the animal shelter. ## 6. Kennels ## 6.1. Owners/ Operators of a licensed kennel shall: - a. obtain an annual license to operate such kennel; and shall pay the fee as set by resolution of Council. - b. comply with the requirements set out in the "Code of Practice for Canadian Kennel Operations" (Canadian Veterinary Medical Association, 2018). 3. comply with the Bylaws of the Town of Three Rivers. - d. permit an Enforcement Officer to enter and inspect the kennel under the authority of a search warrant at any time, or prescribed time. - e. keep the dogs thereof confined to the kennel property and not permit the dogs to become a nuisance to neighbours. 6. 6.2. Where the owner of a kennel fails to comply with the Bylaw of the Town, the license to operate may be suspended or revoked and the animals may be seized and impounded. 7. 6.3. No person, other than the holder of a kennel license, or a veterinary clinic, shall keep on, in or about any property owned or occupied by such person more than three (3) dogs over the age of three (3) months. ## 7. Communicable Diseases ## 7.1. An owner of a companion animal suspected of having rabies: - a. shall immediately report the matter to the Agriculture Canada, Provincial Veterinarian, inspector for the Animal Health and Protection Act of Prince Edward Island, and the Chief Administrative Officer of the Town of Three Rivers. - b. shall confine or isolate the companion animal, in such a manner as prescribed so as to prevent further spread of the disease; and - c. shall keep the companion animal confined for not less than ten (10) days at the cost of the owner. 4. 7.2. The Chief Administrative Officer or the Bylaw Enforcement Officer may demand that the owner of a companion animal suspected of having rabies shall immediately report the matter to proper authorities as specified in Section 7.1.a of this Bylaw. 5. 7.3. An owner of a companion animal that does not comply with the provisions of Section 7.1 or 7.2 shall be subject to a penalty as provided in the penalty section of this Bylaw. ## 8. Licensing ## 8.1. The owner of a companion animal shall: - a. obtain a one-time companion animal license at such time and pay a one-time fee as established by Council resolution. - b. obtain a companion animal license on the first day on which the Town Hall is open for business after they become owner of the companion animal. - c. obtain a license for a companion animal on the first day on which the Town Hall is open for business and after the companion animal becomes three (3) months old. - d. obtain a license for a companion animal notwithstanding that it is under the age of three (3) months, where the companion animal is found running at large. - e. obtain a one-time license for the companion animal on the day specified by the Bylaw Enforcement Officer, Animal Control Officer, or the Chief Administrative Officer. - f. when requested by an Enforcement Officer or the Chief Administrative Officer, submit to the Enforcement Officer or the Chief Administrative Officer a spay/neuter certificate, or if unavailable a statutory declaration or other acceptable documentation establishing the animal's age, or that the animal is neutered or spayed, and such other information as the Enforcement Officer or the Chief Administrative Officer may require in order to determine the license payable by the owner. - g. not give false information when applying for a companion animal license. - h. upon losing a companion animal tag, present the receipt for payment of the current year's license fee to the Enforcement Officer or the Chief Administrative Officer, who will issue a new tag to the owner for the fee set by resolution of Council. - i. Ensure that all companion animals wear the current license purchased for that animal, when the animal is off the owners property. - j. not be entitled to a rebate under this Bylaw. 6. 8.2. Where a license required pursuant to this Section has been paid for by the tender of an uncertified cheque, the license: - a. is issued subject to the cheque being accepted and cashed by the bank without any mention of the condition being made on the license; and - b. is automatically revoked if the cheque is not accepted and cashed by the bank on which it is issued. ## 9. Dogs In Trucks ## 9.1. - a. No person shall allow a dog to be in any part of a motor vehicle outside of the passenger cab if such motor vehicle is on a roadway, regardless of whether the motor vehicle is moving or parked. - b. Notwithstanding 9.1.a, a person may allow a dog to be outside the passenger cab of a motor vehicle, including riding in the back of a pickup truck or flatbed truck if the dog is: - i. In a fully enclosed trailer; - ii. in a topper enclosing the bed area of a truck; - iv. securely tethered in such a manner that it is not standing on bare metal, cannot jump or be thrown from the vehicle, is not in danger of strangulation, and cannot reach beyond the outside edges of the vehicle. - ili. contained in a ventilated kennel or similar device securely fastened to the bed of the truck; or - c. For the purposes of this Section "roadway" means any street or highway, whether publicly or privately owned, any part of which the public is ordinarily entitled or permitted to use for the passage or parking of vehicles. - d. The owner of a vehicle involved in an offence referred to in this Section is guilty of the offence, unless that vehicle owner satisfies the Court that the vehicle was: - i. not being driven or was not parked by the owner, and - ii. that the person driving or parking the vehicle at the time of the offence did so without the vehicle owner's express or implied consent. ## 10. Disabled Owners - 10.1. Where the Bylaw Enforcement Officer or the Chief Administrative Officer is satisfied that the person who is disabled is the owner of a companion animal trained and used to assist such disabled person, there shall be no fee payable by the owner for a license under this bylaw. ## 10.2. Section 5.1.a.ix of this Bylaw does not apply: - a. where a person who is disabled is the owner of a companion animal trained and used to assist such disabled person and such companion animal is under their control; or - b. where the owner is physically disabled in such a way that the owner cannot control the companion animal by means of a leash, requires the use of a walker or cane, or is confined to a wheelchair and allows the companion animal in a park other than a park where companion animals are prohibited and such companion animal is under their control, and wearing a current issued tag. 3. 10.3. Section 5.1. c does not apply where a person who is disabled in such a way as to reasonably preclude compliance, is the owner of a companion animal trained and used to assist such disabled person. ## 11. Animal Control Operation - Authority - 11.1. A Bylaw Enforcement Officer, or a member of the Royal Canadian Mounted Police may capture and impound any companion animal: - a. found running at large. - b. which is required to be impounded pursuant to the provisions of any Statute of Canada or the Province of Prince Edward Island, Regulations made thereunder, or Bylaws of the Town. ## 12. Obstruction - 12.1. No person, whether they are the owner of a companion animal or vicious dog which is being or has been pursued, shall interfere with or attempt to obstruct a Bylaw Enforcement Officer, Animal Control Officer, or a member of the Royal Canadian Mounted Police who is attempting to capture or who has captured a companion animal which is subject to impoundment. ## 13. Interference With Animals ## 13.1. No person shall: - a. untie, loosen, or otherwise free a companion animal which has been tied or otherwise restrained, or - b. negligently or willfully open a gate, door or other opening in a fence or enclosure in which an animal has been confined and thereby allow a companion animal to run at large in the Town of Three Rivers. ## 14. Notification - 14.1. If a Bylaw Enforcement Officer or a member of the Royal Canadian Mounted Police knows or can ascertain the owner of any impounded companion animal, they shall serve the owner with a copy of the Notice in Schedule "A" of this Bylaw, either personally or by leaving it at, or by mailing it to, the last known address of the owner. - 14.2. An owner of a companion animal to whom a Notice is mailed pursuant to Section 14.1 is deemed to have received a Notice within two business days from the time it is mailed. ## 15. Reclaiming - 15.1. The owner of any impounded companion animal may: - a. reclaim the companion animal from the Animal Control Officer; or - b. where it is deemed feasible by the Bylaw Enforcement Officer, the Animal Control Officer or the Chief Administrative Officer prior to taking the animal to the impound center, reclaim the companion animal by paying, in either case to a Bylaw Enforcement Officer, the Animal Control Officer or the Chief Administrative Officer the cost of impoundment as set out in Town of Three Rivers Fees Bylaw Schedule A, and by obtaining the license for such companion animal, should a license be required under this Bylaw. - 15.2. Where a companion animal is claimed, the owner shall provide proof of ownership of the companion animal. - 15.3. The owner of a companion animal who has been found not guilty of committing an offence under this Bylaw may request the return of any fees paid by him for reclaiming the companion animal. ## 16. Sale Or Destruction - 16.1. The Bylaw Enforcement Officer or the Chief Administrative Officer shall not sell, destroy, order sale of or destruction of an impounded companion animal until: - a. after a companion animal has been retained at the impoundment center for: - five (5) days after the owner has received notice under Section 14 that the companion animal is in the impoundment center; or - ii. five (5) days, if the name and address of the owner is not known. - b. Unless a person having the authority orders the retention or the destruction of the companion animal, or unless the owner of the companion animal makes arrangements with the Bylaw Enforcement Officer or the Chief Administrative Officer for the further retention of the companion animal, the Bylaw Enforcement Officer or the Chief Administrative Officer may cause the companion animal to be sold or destroyed. - 16.2. The Bylaw Enforcement Officer or the Chief Administrative Officer may retain a companion animal for a longer period of time, if in their opinion the circumstances warrant the expense. - 16.3. The Bylaw Enforcement Officer or the Chief Administrative Officer may, before selling an unclaimed companion animal require that the animal be spayed or neutered. - 16.4. The purchaser of an unclaimed companion animal from the Bylaw Enforcement Officer or the Chief Administrative Officer pursuant to the provisions of this Section shall obtain full rights and title to it and the right and title of the former owner of the companion animal shall cease to exist. - 16.5. When the Bylaw Enforcement Officer or the Chief Administrative Officer agrees to put a companion animal to death the owner shall pay to the Enforcement Officer or the Chief Administrative Officer a fee as set out in Town of Three Rivers Fees Bylaw Schedule A. ## 17. Severability - 17.1. It is the intention of the Town Council that each separate provision of this Bylaw shall be deemed independent from all other provisions of this Bylaw, such that, if any provision of this Bylaw is declared invalid, all other provisions of this Bylaw shall remain valid and enforceable. ## 18. Penalties 18.1. - a. Where an Enforcement Officer or a member of the Royal Canadian Mounted Police believes that a person has contravened any provision of this Bylaw, they may commence proceedings by serving a Notice pursuant to Schedule "A" of this Bylaw. - b. The specified penalty payable in respect to a contravention of a provision of this Bylaw is the amount shown in Town of Three Rivers Fees Bylaw Schedule A, in respect of that provision. ## c. Notwithstanding Section 18.1.b: - where any person contravenes the same provision of this Bylaw twice within a twelve (12) month period, the specified penalty payable in respect - of the second contravention is double the amount shown in Town of Three Rivers Fees Bylaw Schedule A in respect of that provision, and - ii. where any person contravenes the same provision of this Bylaw three or more times within one twelve-month period, the specified penalty payable in respect of the third or subsequent contravention is triple the amount shown in Town of Three Rivers Fees Bylaw Schedule A in respect to that provision. ## 19. Summary Conviction - 19.1. Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable to a fine of not more than one thousand five hundred dollars ($1,500.00) and in default of payment is liable to imprisonment for a term not exceeding six (6) months. - 19.2. The levying and payment of any fine or the imprisonment for any period provided in this Bylaw shall not relieve a person from the necessity of paying any fees, charges, or costs from which they are liable under the provisions of this Bylaw. - 19.3. A Judge, in addition to the penalties provided in this Bylaw, may, if they consider the offence sufficiently serious, direct or order the owner of the companion animal to stop the companion animal from doing mischief or causing the disturbance or nuisance complained of, or to have the companion animal removed from the Town, or have the companion animal destroyed. - 19.4. A Judge, after convicting the owner of a companion animal of an offence under this Bylaw, may, in addition to any other penalties impose orders made, and without further notice or hearing declare the subject companion animal a vicious animal, pursuant to the provisions of this Bylaw. ## 20. Repeal - 20.1. All former Companion Animal Bylaws and Dog Bylaws of the Town of Montague, Town of Georgetown, and Community of Lower Montague are hereby repealed. ## First Reading: This Companion Animal Control Bylaw, Bylaw# 2024-04, was read a first time at the Council meeting held on the 9th day of September, 2024. This Companion Animal Control Bylaw, Bylaw# 2024-04, was approved at the Council meeting held on the 9th day of September, 2024. ## Second Reading: This Companion Animal Control Bylaw, Bylaw# 2024-04, was read a second time at the Council meeting held on the 15th day of October, 2024. This Companion Animal Control Bylaw, Bylaw# 2024-04, was approved at the Council meeting held on the 15th day of October, 2024. ## Approval and Adoption by Council: This Companion Animal Control Bylaw, Bylaw# 2024-04, was adopted at the Council meeting held on the 15th day of October, 2024.    Signatures After Mayor (signature sealed) Famieso Chief Administrative Officer (signature sealed) This Companion Animal Control Bylaw 2024-04 adopted by the Council of the Town of Three Rivers on October 15, 2024 is certified to be a true copy. Famusa Chief Administrative Officer (Signature) 0C22/24 Date  ## SCHEDULE "A" To: Name of owner: Address of owner: You are hereby notified that an animal bearing Licence tag No. for 20 registered under the above name and address, was impounded on A.D 20. pursuant to the Provisions of Bylaw# 2024-04 of the Town of Three Rivers, Prince Edward Island, and that unless the said animal is claimed and impoundment charges are paid, on or before \_,20 \_ the said animal will be sold, destroyed or otherwise disposed of pursuant to the said Bylaw. Authorized Signature ## Companion Animal Control Bylaw #2024-04 ## COMPANION ANIMAL CONTROL FINE STRUCTURE | Section | Offence | Minimum Penalty | |------------------|--------------------------------------------------------------------------------|----------------------| | Section 5.1.a.i. | Biting a person(s) | $350.00 (Per person) | | 5.1.a.ii. | Injure a person(s) | $200.00 (Per person) | | 5.1.a.iii. | Chasing a person(s) | $200.00 | | 5.1.a.iv. | iting, barking at, chasing other animal icycles, automobiles, or other vehicle | $200.00 | | 5.1.a.v. | Barking, howling or disturbing | $100.00 | | 5.1.a.vi. | Damage to property or injuring other animals | $250.00 | | 5.1.a.vii. | Upsetting waste receptacles | $100.00 | | 5.1.a.viii. | Unattended in motor vehicle | $100.00 | | 5.1.a.ix. | Running at large | $100.00 | | 5.1.b. | Dog not on leash | $100.00 | | 5.1.c. | Dog in prohibited area | $100.00 | | 5.1.d. | Defecation | $250.00 | | 5.2 | Keeping a vicious dog | $1,500.00 | | 5.5.a. or b. | Failure to confine a vicious dog | $1,500.00 | | 5.5.c. or d. | Improper pen or structure for vicious dog | $1,000.00 | | 5.6 | Failure to confine female in heat | $200.00 | | 6.1.a. | Failure to license kennel | $250.00 | | 6.1.e. | Failure to confine on property | $200.00 | | 6.3 | Keeping more than three (3) dogs | $250.00 | | 7.1.a. | Failure to report rabies | $100.00 | | 7.1.b. | Failure to confine to contain disease | $200.00 | | 7.1.c. | Failure to confine for less than ten (10) days | $200.00 | | 7.2 | Failure to report on demand | $100.00 | | 8.1.a. | Unlicensed animal | $250.00 | | 8.1 g. | Giving false information for license | $500.00 | | 8.1.i. | Not wearing current license | $25.00 | | 9.1.a. | Dog outside vehicle cab | $50.00 | | 12.1 | Obstruction | $500.00 | | 13.1 | Interference | $500.00 |