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CITY OF MOOSE JAW
Office
Consolidation
Cat Control Bylaw
Bylaw No. 4785
Date of Passage March 8, 1993
(effective date March 8, 1993)
Including amendments to May 5, 2014
Disclaimer:
This information has been provided solely for research
convenience. Official bylaws are available at the
Office of the City Clerk and must be consulted for purposes
of interpretation and application of the law.
This Bylaw has been consolidated under the authority of the City
Clerk. It represents proof, in absence of evidence to the contrary of:
(a)
the original bylaw and of all bylaws amending it; and
(b)
the fact of passage of the original and all amending bylaws.
AMENDMENTS
DATE PASSED
FORCE/EFFECT
Bylaw No. 5476
May 5, 2014
May 5, 2014
BYLAW NO. 4785
A BYLAW OF THE CITY OF MOOSE JAW
TO REGULATE AND CONTROL THE OWNERSHIP
AND POSSESSION OF CATS WITHIN THE CITY OF MOOSE JAW
WHEREAS it is recognized that a well-cared for cat can provide companionship for
its owners;
AND WHEREAS it is also recognized that some cats may create a nuisance for
neighbouring properties;
AND WHEREAS Council considers it to be in the public interest to pass a bylaw which
balances these benefits and nuisance;
AND WHEREAS the City of Moose Jaw is empowered by section 135 of The Urban
Municipality Act, 1984 s. s. 1983-84, c. U-11 to regulate and control person owning or
harbouring any animal within the City of Moose Jaw;
NOW THEREFORE, THE COUNCIL OF THE CITY OF MOOSE JAW ENACTS
AS FOLLOWS:
TITLE
1.
This Bylaw may be referred to as the "Cat Control Bylaw" of the City of Moose Jaw.
DEFINITIONS
2.
In this Bylaw, unless the context otherwise requires, the expression:
(a)
"Animal Control Officer" means that person appointed by the Council for the
purposes of this Bylaw;
(b)
"Cat" means either the male or female of the feline family;
(c)
"City" means the municipal corporation of the City of Moose Jaw or the area
contained within the boundary thereof as the context requires;
(d)
"Council" means the Council of the City of Moose Jaw;
(e)
"Medical Health Officer" means a medical health officer appointed under the
Health Services Act or Public Health Act;
(f)
"Nuisance" includes fighting with other cats, trespassing or defecating or
spraying on private property without the permission of the owner or occupant of
the property, howling or hissing at night, digging in flower beds or garbage
containers and trespassing on private property;
(g)
"Owner" means any person owning, possessing, or harbouring a cat.
(h)
"Pound Keeper" means that person, corporation, society, association, partnership
or organization designated by the City for the purpose of retaining impounded
cats pursuant to this Bylaw;
IMPOUNDMENT
3. (1) Where an Animal Control Officer receives a complaint of a nuisance caused by a cat, the
Animal Control Officer may at his discretion during the period commencing on the 1st
day of March and ending on the 1st day of October in each calendar year:
(a)
issue a trap to the complainant upon execution be the complainant of an
agreement as set out in Schedule "A" to this Bylaw; or
(b)
if deemed necessary by the Animal Control Officer he may seize and impound
any cat found causing a nuisance.
(2) Where a trap is issued pursuant to clause 3 (1) (a), the complainant shall:
(a)
abide by the terms of the Cat Trap Permit agreement;
(b)
personally check the trap each hour while the trap is set;
(c)
in the event a cat is trapped, immediately contact the Animal Control Officer who
may impound the cat.
(3) Where a cat is impounded, the Pound Keeper shall:
(a)
hold the cat for five days, unless earlier claimed by the owner of the cat;
(Bylaw No. 5476)
(b)
attempt to notify the owner of the cat, if known, of the impoundment, however, no
liability whatsoever shall attach to the City, the Animal Control Officer or the
Pound Keeper by reason of failure in contacting the owner.
(4) An owner of a cat which has been impounded may claim the cat by:
(a)
providing reasonable proof of ownership to the City Pound Keeper; and
(b)
paying an impoundment charge and a housing charge, as may be specified in
Schedule "B" to this Bylaw.
(Bylaw No. 5476)
(5) Where a cat is not claimed by the owner within five days of impoundment, the City
Pound Keeper may dispose of the cat by adoption or by euthanasia.
(Bylaw No. 5476)
(6) Any cat suspected of having rabies or other life-threatening disease shall be isolated and
may not be claimed, destroyed or otherwise disposed of except after notice to the Medical
Health Officer of the City of Moose Jaw and then only in compliance with the direction
of the Medical Health Officer and the District Veterinarian, Agriculture Canada.
PENALTY
4. Any person who contravenes any provision of this bylaw is guilty of an offence punishable
on summary conviction by a fine in an amount not exceeding $1,000.00 or, in default of
payment by an individual, by imprisonment for a term of not more than 30 days.
EFFECTIVE DATE OF BYLAW
5. This Bylaw comes into force and effect upon its passage.
PASSED AND ENACTED this 8th day of March, 1993.
"Don Mitchell"
MAYOR
"B. Hamblin"
CITY CLERK
READ a first time the 4th day of January, A.D. 1993
READ a second time the 4th day of January, A.D. 1993
READ a third time the 8th day of March, A.D. 1993
SCHEDULE "A"
To Bylaw 4785
[as provided by clause 3(1) (a)]
CAT TRAP PERMIT
DATE:
TRAP NO.
The undersigned agrees to the following terms and conditions:
-
to place the cat trap only on his or her property which is within the City of
Moose Jaw;
-
to personally check the cat trap each hour while the trap is set;
-
In the event a cat is trapped, to immediately deliver the cat to Moose Jaw
Humane Socity at 1755 Stadacona St. West, 692-1517. In the event the Humane
Society is closed, the cat may be held until the Humane Society re-opens, but in
no event for longer than twenty-four hours. Where a cat is held, the undersigned
is responsible for the humane treatment and shelter of the cat including feeding
and watering. A captured cat should be left in the trap and placed in a shed,
garage, basement or other place that is warm, dry and secure with a blanket
placed over the trap to pacify the animal. Do not attempt to remove an unfamiliar
cat from the trap - this will be done by the Pound Keeper. If the undersigned
cannot comply with this condition, the trapped cat must be freed unharmed;
-
to ensure that no harm comes to any trapped cat while in their possession
including exposure to inclement weather;
-
cat traps are not to be used when the temperature falls below 0 degrees Celsius or
rises above 25 degrees Celsius;
-
an Animal Control Officer may enter the property of the undersigned to ensure
the trap is being used properly;
-
to advise the Pound Keeper or Animal Control Officer of the ownership of any
cat trapped; if known;
-
to be responsible for the trap, including the cost of repair or replacement if
damaged, lost or stolen. The trap is to be returned in a good and clean condition;
-
traps must not be set on statutory holidays as the Animal Control Office is
closed;
-
the trap is to be returned to the Animal Control Officer two days after issuance.
*IT IS A CRIMINAL OFFENCE TO HARM ANY DOMESTIC ANIMAL*
-2-
Address of intended location of trap:
I understand and accept all liability which may arise in connection with the use of this
cat trap while it is in my possession and will save and indemnify the City of Moose
Jaw for all such liability.
Signature:
Name of complainant:
Address of complainant:
TRAP RETURNED
Date:
Received by:
Remarks:
SCHEDULE "B"
to Bylaw 4785
[as provided by Clause 3(4)(b)]
Impoundment charge
$40. 00
Housing charge
$20.00 per day or portion thereof
(Bylaw No. 5476)