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Animal Control Bylaw
BYLAW NO. 3 - 2024
Disclaimer:
This information has been provided solely for research convenience. Official bylaws are available
from the Office of the City Clerk and must be consulted for purposes of interpretation and
application of the law.
Bylaw No. 3 - 2024
Page 1 of 42
BYLAW NO. 3 - 2024
A BYLAW of the City of Swift Current, in the Province of Saskatchewan, to provide for the
licensing and regulating of animals in the City of Swift Current.
THE COUNCIL OF THE CITY OF SWIFT CURRENT, SASKATCHEWAN, IN COUNCIL
ASSEMBLED ENACTS AS FOLLOWS:
PART I
GENERAL
1. Title
This Bylaw may be cited as the "Animal Control Bylaw".
2. Legislative Authority
This bylaw has been created pursuant to Section 8 of The Cities Act which enables
Council the authority to pass bylaws for purposes such as the safety, health, and
welfare of citizens and to maintain the amenity of a neighbourhood.
3. Purpose
The purpose of this Bylaw is to promote the safety, health and welfare of people; the
protection of people and property in the City of Swift Current; to ensure the humane
treatment and control of animals and to regulate or prohibit the keeping of vicious
and/or dangerous animals within the City.
4. Definitions
In this Bylaw and in any resolution of the Council passed pursuant thereof, unless the
context otherwise requires, the term or expression:
a)
"Animal" means dogs, cats, exotic animals and all domestic animals.
b)
"Animal Control Officer" means any person designated/appointed by the City
of Swift Current for the enforcement of this Bylaw and shall include Bylaw
Enforcement Officers, their duly authorized representatives, any member of the
City of Swift Current Detachment of the RCMP, and any other appointed
person or agency to restrain, receive or impound animals, which includes the
dog catcher.
c)
"Animal Shelter" means a facility designated by the City of Swift Current and
is used for animal impoundment and/or kenneling.
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d)
"Being Or Running At Large" means an animal that is:
i. off the premises or boundaries of its owner;
ii. not under immediate, continuous and effective control of its owner; or
iii. not tied or secured to a leash, chain or other similar restraining device
not exceeding two (2) metres in length.
e)
"Boarding" means keeping or harbouring of an animal or animals belonging to
another person.
f)
"Business Day" means any day that the City Office is open for business.
g)
"Cat" means either the male or female of the feline family.
h)
"Cat Run" means a permanent structure outside of a residential dwelling unit,
used for the containment of a cat.
i)
"City" means the municipal corporation of the City of Swift Current or the area
contained within the boundary thereof as the context requires.
j)
"City Clerk" means the person appointed as City Clerk pursuant to Section 85
of The Cities Act and includes a person acting as his/her designate. The City
Clerk shall be considered the head of Bylaw Enforcement for the City of Swift
Current.
k)
"Council" means the Council for the City of Swift Current elected pursuant to
the provisions of Section 11 of The Local Government Elections Act, as the
governing body of the municipality.
l)
"Court" means the Provincial Court for Saskatchewan located at the Judicial
Centre of Swift Current.
m)
"Dangerous Animal" means any animal, whatever its age, whether on public
or private property, which has without provocation:
i. chased or approached a person or domestic animal in an apparent
attitude of attack; and/or
ii. has a known propensity, tendency, or disposition to attack, to cause
injury or to otherwise threaten the safety of persons or domestic
animals; and/or
iii. bitten, inflicted injury, assaulted or otherwise attacked a person or
domestic animal; and/or
iv. owned primarily or in part for the purpose of fighting or is trained for
fighting.
n)
"Dog" means either the male or female of the Canidae family.
o)
"Dog Run" means any enclosure or structure of any kind whatsoever,
designed or used for the harbouring or containment of dog(s).
p)
"Domestic Animal" means a pet or companion animal; or is an animal kept
primarily for a person's company, protection, or entertainment rather than as a
working animal, livestock, or laboratory animal.
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q)
"Excessive Barking" means barking or any noise that persistently occurs or
continues to such a degree or extent that it unreasonably interferes with the
comfortable enjoyment of life or property in the neighbourhood.
r)
"Exotic Animal" means a rare or unusual animal, an animal kept within
human household or property which is generally thought of as a wild species
not typically kept as a pet; or those animals listed in Schedule "E".
s)
"Judge" means a judge of the Provincial Court or a justice of the peace.
t)
"Keep Under Proper Control" means keeping an animal in such a manner
that the animal is unable to attack, bite, chase or injure a person or another
animal.
u)
"Kennel" means any structure used by any person for boarding or otherwise
caring for, training or whelping dogs exceeding three (3) dogs in number over
the age of three (3) months, whether or not for payment, but does not include:
i. any premises occupied by a duly qualified veterinary surgeon for the
practice of his profession; or
ii. the dwelling house of an ordinary member of the Canadian Kennel
Club, or any other bona fide Kennel Club, where the total number of
dogs kept by the member does not exceed five (5) in number.
v)
"Leash" means a chain or other material capable of restraining the animal on
which it is being used.
w)
"Licensing Official" means the Licensing Official for the City of Swift Current
as appointed from time to time, or their authorized agents or designates and is
responsible for issuing licenses and/or violation notices.
x)
"License Year" means the period commencing January 1st and ending on the
next succeeding December 31st.
y)
"Livestock" means horse, mule, donkey, swine, emu, ostrich, camel, llama,
alpaca, sheep, goat, domestically reared or kept deer, reindeer, moose, elk,
bison, farm bred fur bearing animals (including fox and mink), animals of the
bovine species, chicken, turkey, duck, goose, pheasant or all other animals
that are kept for agriculture purposes.
z)
"Muzzle" means a device of sufficient strength placed over an animal's mouth
to prevent it from biting.
aa) "Non-Sterilized Animal" means an animal which is capable of reproducing.
bb) "Off Leash Area" means an area designated by the City of Swift Current and
is illustrated in Schedule "F" where dogs are permitted to be off leash provided
that they are under control of the owner.
cc)
"Owner" includes:
i. a person(s) who keeps, possesses, harbors or has charge of or control
over an animal.
ii. the person(s) responsible for the custody of a minor where the minor is
the owner of an animal.
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but does not include:
iii. a veterinarian registered pursuant to The Veterinarians Act, 1987 who
is keeping or harboring an animal for the prevention, diagnosis or
treatment of a disease/s of or an injury to the animal.
iv. the City of Swift Current or any Animal Control Officer in respect of the
Saskatchewan Society for the Prevention of Cruelty to Animals or
impoundment facility operated on behalf of the City of Swift Current.
dd) "Person" shall include an individual, partnership, association or corporation.
ee) "Poultry" means a chicken, turkey, duck, goose, or other domestic fowl.
ff)
"Pound" means such premise and facilities as may be designated by the City,
from time to time, as the City pound.
gg) "Pound Keeper" means a person(s), or association designated by the City of
Swift Current from time to time to maintain and administer the pound.
hh) "Provocation" means an act done intentionally for the purpose of provoking
an animal to which this Bylaw applies.
ii)
"Public Health Officer" means a Medical Health Officer appointed pursuant to
The Health Services Act or The Public Health Act of Saskatchewan.
jj)
"Public Playground" means the immediate area containing playground
equipment in a park or municipal reserve owned by the City of Swift Current or
under the management and control of the City of Swift Current.
kk)
"Service Animal" means an animal that is trained and certified to be used by:
i. a person with a disability for reasons relating to their disability.
ii. a peace officer in the execution of their own duties.
iii. a person who is authorized by a peace officer to assist peace officers in
their duties.
ll)
"Vicious Dog" means a dog, the owner of which has:
i. paid a Bylaw Violation Notice; or
ii. been convicted in Provincial Court;
under clauses a), b), c) or d) of subsection 22.2 of this Bylaw.
5. Schedules
The following schedules and forms are attached to, and form part of, this Bylaw:
a)
Schedule "A" - Annual License Fees
b)
Schedule "B" - Amounts which will be accepted by the City of Swift Current in
lieu of prosecution
c)
Schedule "C" - Charges for the Release of Impounded Animals
d)
Schedule "D" - Declaration to Have Dog Licensed and Vaccinated
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e)
Schedule "E" - List of Animals Prohibited
f)
Schedule "F" - Off-leash Areas
g)
Schedule "G" - Signage
h)
Schedule "H" - Enclosures for Vicious Dogs
i)
Schedule "I" - Cat Trap Permit
j)
Schedule "J" - Approved Locations for Livestock
k)
Form "A" - Bylaw Violation Notice
6. Interpretation
6.1
Headings are for reference purposes and shall not affect in any way the
meaning or interpretation of the provisions of this Bylaw.
6.2
Any other words shall, insofar as they are not consistent with this Bylaw, have
the same meaning as in The Cities Act, and amendments thereto.
6.3
Unless the context otherwise requires, words importing the singular number
shall include the plural and vice versa.
PART II
RESPONSIBILITY OF CAT OWNERS
7. Additional Definition
For the purposes of Part II of this Bylaw, "nuisance, being or running at large"
includes, but is not limited to, fighting with other cats, defecating, or spraying on
private property without 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.
8. Licensing
8.1
No person shall have care and control of a cat unless it has been licensed for
the current year; the cat license year shall be from January 1st to December
31st of the same year.
8.2
Every owner of a cat six (6) months old or older shall, not later than the 15th
day of February in each year, or within 10 days of becoming an owner, obtain
a license and shall pay therefore an annual fee as set out in Schedule "A" of
this Bylaw, which license shall not be transferable to any other owner. The
onus of proof as to the date when the owner actually became the owner of the
cat in question shall be on the owner.
8.3
When applying for a license, the applicant must provide the following
information:
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a) breed and description of the cat;
b) name and address of the owner or the keeper of the cat;
c) confirmation that the cat has been spayed or neutered;
d) proof that the cat has been vaccinated against rabies within two (2)
years of the date of application for the license;
e) and other relevant information that may be required for the Animal
Control Officer or appointed representative.
8.4
The provisions of this Section will not apply to cats kept in the ordinary course
of business by the proprietors of the following premises; namely:
a) a veterinary hospital, clinic, boarding kennel, or grooming parlor;
b) a public pound;
c) a shop whose business includes the sale of pets and is licensed as
such; and
d) a shelter operated by an association or society incorporated for the
purpose of the protection and humane treatment of animals.
8.5
A license issued pursuant to this Bylaw is non-refundable, and automatically
revoked if the payment of the license fee is dishonoured or otherwise returned
to the City of Swift Current for any reason.
8.6
When issuing a license for a cat:
a) the City shall supply the applicant with a metal tag. The said tags shall
be of such form and bear such lettering as may be determined by the
City and shall have inscribed or imprinted thereon the year for which
they are issued. Each tag shall be valid from the 1st day of January to
the 31st day of December of the year for which the license is issued.
Where a licensing tag is lost or destroyed, the owner will be issued a
replacement tag and shall be responsible for any associated costs;
b) any cat adopted, claimed, or otherwise taken from an animal shelter
must obtain a license within 10 days of the animal being released from
the shelter.
8.7
The owner of a cat shall ensure the cat wears the current license purchased
for that cat, when the cat is off the property of the owner.
8.8
The owner must notify the City immediately if the tag is lost.
8.9
The owner must notify the City of any changes to information as provided in
the original cat license application.
8.10
Any license fee due and payable on or after August 1st of any year shall be
one-half (1/2) the license fee for the full year.
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9. Number of Cats Permitted
The number of cats allowed per property is a maximum of four (4) cats over the age of
three (3) months.
10. Nuisance or Running at Large
10.1
No owner of a cat shall allow the animal to become a nuisance which
unreasonably disturbs or is likely to disturb the quiet, peace, restful enjoyment,
comfort, or convenience of any other person, and/or neighborhood.
10.2
The owner of a cat shall ensure that the cat is not a nuisance by being or
running at large.
10.3
Where a cat is being or running at large, the owner or occupant of the property
on which the cat is at large may file a complaint to the Animal Control Officers
or their designates.
10.4
Failure to comply with this Section will constitute an offence under this Bylaw
and a Violation Notice will be served.
11. Impoundment
11.1
Where an Animal Control Officer receives a complaint of a nuisance caused by
a cat, the Animal Control Officer may, at their discretion:
a) if deemed necessary by the Animal Control Officer, they may seize and
impound any cat found causing a nuisance; or
b) issue a trap to the complainant following completion of a Cat Trap
Permit by the complainant (as set out in Schedule "I") to this Bylaw.
11.2
Where a cat is impounded, the Pound Keeper shall:
a) hold the cat until claimed by the owner of the cat or disposed of in
accordance with subsection 11.4 and/or subsection 11.6; and
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.
11.3
An owner of a cat which has been impounded may claim the cat by:
a) providing reasonable proof of ownership to the Pound Keeper; and
b) paying the impoundment charge, any housing charge(s), as set forth in
Schedule "C", as well as any licensing fee.
11.4
The Pound Keeper shall keep all impounded cats for a period of at least 72
hours, excluding the day of impounding. Sunday's and statutory holidays shall
not be included in the computation of the 72-hour period. Where a cat is not
claimed within the 72 hours, the Pound Keeper may dispose of the cat by
public adoption.
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11.5
Notwithstanding the above, 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 Public Health Officer and then
only in compliance with the direction of the Public Health Officer and/or a
Veterinarian.
11.6
An Animal Control Officer, Pound keeper, or a Veterinarian may take
immediate action to humanely destroy any sick or injured cat found within the
City where, in their opinion immediate destruction of the cat is necessary to
avoid unnecessary suffering by the animal.
12. Cat Trap Permits
12.1
A person who has been bothered by a cat being or running at large may apply
to the authority having jurisdiction (Swift Current SPCA or City) to receive a cat
trap permit and cat trap.
12.2
The Pound Keeper, Licensing Official, or their representatives shall only
approve a cat trap permit and issue a cat trap to a person making an
application pursuant to subsection 12.1 when that person:
a) agrees to all the terms included in the cat trap permit;
b) executes the cat trap permit; and
c) pays the cat trap fee.
13. Requirements Related to Cat Traps
Where a cat trap is issued pursuant to this Bylaw, the permittee shall:
a)
ensure proper relocation of the cat is arranged prior to trapping;
b)
abide by the terms of the cat trap permit;
c)
personally check the trap at least every two (2) hours while the trap is set;
d)
immediately deliver the cat to the Pound Keeper;
e)
ensure that the cat is treated humanely while contained in the trap;
f)
return the cat trap to the location of rental in a clean condition; and
g)
pay for the cost of repair or replacement of the cat trap if the issued cat trap is
damaged, lost or stolen.
14. Care of Cat that is Trapped
14.1
When a cat has been trapped in a City cat trap, the permittee shall, until the
cat can be conveyed to the Pound Keeper:
a) treat the cat humanely;
b) provide shelter for the cat in a warm, dry, and secure area; and
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c) provide water and food for the cat.
14.2
If a permittee cannot comply with the conditions in subsection 14.1 within 24
hours of capturing the cat in the City cat trap, the permittee must release the
trapped cat unharmed.
15. Leg Hold Traps
No person shall be permitted to use leg hold or foot hold traps in the City of Swift
Current.
16. Cat Runs
Where cats are housed or kept in a cat run, the owner of the cats shall:
a)
remove all defecation from the cat run daily and disposed of in a sanitary
manner;
b)
ensure that the cat run meets the following minimum requirement:
i. base and flooring constructed or composed of impervious material or
wood; and
ii. located no closer than one (1) meter of any property line and no closer
than five (5) metres of any neighbouring dwelling unit.
17. Defecation
17.1
If a cat defecates on any property other than the owners, the owner of the
animal shall remove such feces immediately.
17.2
Any cat owner shall remove any and all cat feces on a daily basis and shall
dispose of the feces in a sanitary manner.
17.3
An owner or occupant of private property must not allow animal feces to
accumulate on the property.
17.4
An Animal Control Officer may serve an owner or occupant of private property
with an Order and Violation Notice to remove all animal feces from the property
in accordance with Section 59.
PART III
RESPONSIBILITY OF DOG OWNERS
18. Additional Definition
For the purposes of Part III of this Bylaw, "nuisance, being or running at large"
includes, but is not limited to, fighting with other dogs, defecating on private property
without permission of the owner or occupant of the property, barking, howling or
whining or trespassing on private property.
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19. Licensing
19.1
No person shall have care and control of a dog unless it has been licensed for
the current year; the dog license year shall be from January 1st to December
31st of the same year.
19.2
Every owner of any dog six (6) months old or older shall, not later than the 15th
day of February in each year, or within 10 days of becoming an owner, obtain
a license and shall pay therefore an annual fee as set out in Schedule "A" of
this Bylaw, which license shall not be transferable to any other dog or other
owner. The onus of proof as to the date when the owner actually became the
owner of the dog in question shall be on the owner.
19.3
Notwithstanding subsection 19.2, the owner of a kennel of purebred dogs
which is registered in the Register of The Canadian Kennel Club, may in lieu of
obtaining a license for each dog obtain a license for each kennel. No license
shall be granted under this Section until the applicant produces a certificate
from The Canadian Kennel Club showing that all dogs comprising such kennel
have been registered with The Canadian Kennel Club. The license fee
payable for dog kennels shall be as set out in Schedule "A".
19.4
Notwithstanding subsection 19.2 the owner shall obtain a license for any dog
less than six (6) months old if found running at large.
19.5
When applying for a license, the applicant must provide the following
information:
a) breed and description of the dog, including name and age of the dog;
b) name and address of the owner or the keeper of the dog;
c) confirmation that the dog has been spayed or neutered;
d) proof that the dog has been vaccinated against rabies within two (2)
years of the date of application for the license;
e) and other relevant information that may be required for the Animal
Control Officer or appointed representative.
19.6
The provisions of this Section will not apply to dogs kept in the ordinary course
of business by the proprietors of the following premises; namely:
a) a veterinary hospital, clinic, boarding kennel, or grooming parlor;
b) a public pound;
c) a shop whose business includes the sale of pets and is licensed as
such;
d) a shelter operated by an association or society incorporated for the
purpose of the protection and humane treatment of animals;
e) RCMP - Police Service dogs acting in performance of Police work.
19.7
A license issued pursuant to this bylaw is non-refundable, and automatically
revoked if the payment is returned to the City of Swift Current for any reason.
19.8
A Service Dog must be licensed as provided by this bylaw, but without charge.
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19.9
No person shall give false information when applying for a dog license.
19.10 When issuing a license for a dog:
a) the City shall supply the applicant with a metal tag. The said tags shall
be of such form and bear such lettering as may be determined by the
City and shall have inscribed or imprinted thereon the year for which
they are issued. Each tag shall be valid from the 1st day of January to
the 31st day of December of the year for which the license is issued.
Where a licensing tag is lost or destroyed, the owner will be issued a
replacement tag and shall be responsible for any associated costs;
b) any dog adopted, claimed, or otherwise taken from an animal shelter
must obtain a license prior to that animal being released from an animal
shelter.
19.11 The owner of a dog shall ensure that the dog wears the current license
purchased for that dog, when the dog is off the property of the owner.
19.12 The owner must notify the City immediately if the tag is lost.
19.13 The owner must notify the City of any changes to information as provided in
original dog license.
19.14 Visitors to the City shall not be required to apply for a license provided their
dog is validly licensed in another municipality and the owner is able to
immediately produce proof of their license on demand of an Animal Control
Officer.
19.15 Every owner of a dog within the City shall, on demand of an Animal Control
Officer, show their license, receipt, or other evidence that they have paid the
license fee for the dog for the current year.
19.16 No person shall be entitled to a license rebate under this bylaw.
20. Reduction in License Fees
20.1
Any license fee due and payable on or after August 1st of any year shall be
one-half (1/2) the license fee for the full year.
20.2
The fee reduction specified in subsection 20.1 does not apply to the licensing
of dangerous dogs or to dogs which were required by this bylaw to be licensed
prior to August 1st of any year.
21. Number of Dogs Permitted
21.1
Unless otherwise provided for in the Bylaw, or as the owner of a kennel
registered with The Canadian Kennel Club or any other bona fide kennel club,
no person shall keep or harbour more than three (3) dogs over the age of three
(3) months within any one residence or property in the City of Swift Current; or
21.2
Any resident who is registered with the Canadian Kennel Club or any other
bona fide kennel club shall keep no more than five (5) dogs in total.
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22. Nuisance
22.1
No owner of a dog shall allow the animal to become a nuisance which
unreasonably disturbs or is likely to disturb the quiet, peace, restful enjoyment,
comfort, or convenience of any other person, and/or the neighborhood.
22.2
The owner of a dog shall ensure that such dog shall not:
a) bite a person or persons or other animal whether on the property of the
owner or not;
b) do any act to injure a person or persons or other animal whether on the
property of the owner or not;
c) chase or otherwise threaten a person or persons or other animal
whether on the property of the owner or not, unless the person chased
or threatened is a trespasser on the property of the owner;
d) bite, bark at, or chase, animals, bicycles, automobiles, or other
vehicles;
e) become a nuisance by the sound of excessive howling, whining, or
barking, which can be heard by a person not on the same premises
which disturbs or is likely to otherwise disturb the quiet, peace, restful
enjoyment or comfort of that person;
f) cause damage to property or injury to other domestic animals;
g) 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.
22.3
Failure to comply with this Section will constitute an offence under this Bylaw
and a Violation Notice will be served.
22.4
A Judge, after convicting the dog owner of an offence under Section 22 may, in
addition to any other penalties, impose the following:
a) direct the Animal Control Officer to give notice to such owner requiring
the nuisance complained of to be abated so as to prevent the
recurrence of any nuisance; or
b) order the removal of the dog from City limits; or
c) order the owner to comply with any conditions regarding the dog, that
the Judge considers reasonable to prevent a further violation of
subsections 22.1 and/or 22.2 of this Bylaw.
23. Vicious Dogs
23.1
The owner of a Vicious Dog shall ensure that:
a) it does not bite, chase, or attack a person or other animal whether on
the property of the owner or not;
b) when it is on the property of the owner it is confined in:
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i.
an enclosed area or in a fenced yard marked with a sign
indicating the presence of a Vicious Dog which enclosed area
or fenced yard is adequate to prevent the escape of the
Vicious Dog and in which the Vicious Dog is restrained by a
chain capable of preventing the escape or the Vicious Dog; or
ii.
a dwelling and under the control of a person over the age of
16 years.
c) when it is off the property of the owner it is at all times under the direct
control and supervision of the owner and is securely:
i.
muzzled; and
ii.
harnessed or leashed in a manner that prevents it from biting,
chasing, or attacking a person or other animal.
23.2
After a period of one (1) year after a dog has been deemed to be a Vicious
Dog as defined in this Bylaw, provided that no destruction order has been
issued with respect to the dog or dogs, the owner may apply in writing to the
City Clerk for a declaration that the dog or dogs are no longer deemed vicious.
The owner shall meet with the City Clerk and bear the onus of satisfying the
City Clerk that:
a) the dog did not during the preceding 12 months:
i.
bite a person or persons or other animal whether on the
property of the owner or not;
ii.
do any act to injure a person or persons or other animal
whether on the property of the owner or not; and
iii.
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.
b) the owner has complied with all of the conditions imposed under
subsection 23.1 of this Bylaw.
c) the owner has taken remedial measures with the dog including but not
limited to, any appropriate behavioral training.
The decision of the City Clerk in this regard is final and not subject to review or
appeal.
24. Defecation
24.1
If a dog defecates on any property other than the owners, the owner shall
remove such feces immediately.
24.2
Any dog owner must not allow animal feces to accumulate on the property and
shall remove any feces on a daily basis, disposing of the feces in a sanitary
manner.
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24.3
An Animal Control Officer may serve an owner or occupant of private property
with an Order and violation notice to remove all animal feces from the property
in accordance with subsection 61.1.
25. Dog Runs
25.1
Where dogs are housed or kept in a dog run, the owner of the dogs shall
ensure that the dog run is kept in a sanitary condition protecting the health and
safety of the dog and is:
a) on the owner's property and is not located in the front yard and is no
closer than one (1) metre to a property line and no closer than five (5)
metres from a dwelling unit located on an adjacent property; and
b) constructed of material of sufficient strength and in a manner to:
i.
confine the dog;
ii.
prevent the entry of children; and
iii.
prevent the entry of another animal.
25.2
If, in the opinion of the Animal Control Officer, the condition or location of a dog
run is not in accordance with this Bylaw, the Animal Control Officer may Order
the owner of the property on which the dog run is located, to clean, alter,
demolish, or relocate the dog run within the time period specified in the Order.
25.3
The person to whom an Order is issued pursuant to subsection 25.2 must
comply with the Order within the time specified in the Order pursuant to
Section 328 of The Cities Act.
25.4
An Order to relocate a dog run issued pursuant to subsection 25.2 will allow
the owner of the property on which the dog run is located, at least 15 days to
relocate or remove the dog run.
26. Running at Large
26.1
The owner of a dog shall ensure that:
a) such dog shall not be permitted to be at large, except as provided in
Section 27;
b) if a dog is found to be at large, the owner shall be deemed to have
permitted the dog to be at large unless the owner proves to the
satisfaction of the court that at the time of the offence, the owner did all
that was reasonable to prevent the dog from being at large.
26.2
In this Section, an animal shall be "at large" if it is off the premises of its owner,
unless the animal is both:
a) on a leash not exceeding two (2) metres in length; and
b) under the proper control of its owner; or
c) as provided in Section 27.
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26.3
The fine for allowing a dog to run at large shall be as set out in Schedule "B".
27. Off-Leash Areas
27.1
Notwithstanding Section 26, an owner may permit a dog to be at large in any of
the off-leash areas described in Schedule "F" provided that the dog has not
been proven to be dangerous or vicious by a judicial proceeding and provided
that the dog is supervised by the owner or a person on behalf of the owner in
such a manner as to prevent any danger, risk or unreasonable interference
with any person's lawful use or enjoyment of the area.
27.2
No owner of a dog shall permit or allow the dog to become a nuisance to other
persons or animals in an off-leash area. For the purpose of this subsection,
the behavior of a dog which constitutes a nuisance includes, but is not limited
to, the following:
a) running at such a distance from its owner so as to be incapable of
responding to voice or sight commands;
b) doing any act that injures a person or another animal;
c) chasing or otherwise threatening a person or another animal;
d) biting, barking at, or chasing livestock, bicycles or motor vehicles;
e) excessive barking or howling or otherwise disturbing any person or
other animal; or
f) causing damage to property.
27.3
In order to prevent a dog from becoming a nuisance in an off-leash area, the
owner of the dog shall:
a) accompany the dog in the off-leash area at all times; and
b) carry a leash not exceeding two (2) metres in length for the dog.
27.4
In the event that a dog becomes a nuisance, the owner of the dog shall
immediately restrain the dog by placing the dog on a leash not exceeding two
(2) metres in length and remove the dog from the off-leash area.
27.5
Any owner of a dog who fails to immediately restrain and remove the dog upon
it becoming a nuisance as required in subsection 27.4 is guilty of an offence,
and in such event, an Animal Control Officer may seize and impound the dog
and a Violation Notice will be served.
27.6
No person shall operate a motorized vehicle in an off-leash area.
a) For the purpose of subsection 27.6, a motorized vehicle means a
vehicle propelled or driven by any means other than a muscular power,
and, for greater certainty, includes, but is not limited to, cars, trucks, all-
terrain vehicles, snowmobiles, electric bicycles, and motorcycles, but
does not include a wheelchair or other similar device being operated by
a person with a physical disability.
b) Subsection 27.6 does not apply to City maintenance vehicles.
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28. Animal Left Unattended in Vehicle
No animal(s) shall be left unattended in any motor vehicle unless the animal is
restricted so as to prevent access to person(s) as long as such restraint provides for
suitable ventilation.
29. Impoundment of Dogs
29.1
For the purpose of impounding any dog found at large in the City, a pound
shall be established at such place as may be designated by resolution of
Council as a pound.
29.2
The City may from time to time appoint a Pound Keeper to carry out the
provisions of this Bylaw.
29.3
Any Pound Keeper appointed under the provisions of this Bylaw is hereby
empowered to collect all necessary fees in connection with the impounding of
dogs and for the keeping of such dogs at the pound.
29.4
The Animal Control Officer may seize and impound:
a) any dog found running at large;
b) any unlicensed dog found to be subject of a complaint;
c) any dog that has caused or alleged to have caused injury to a person or
domestic animal.
29.5
The Animal Control Officer may enter onto the land surrounding any building in
pursuit of any dog which has been observed running at large.
29.6
No person, including the person who is the owner of a dog which is being
impounded or has been impounded, shall interfere with a Pound Keeper or,
Animal Control Officer who is impounding any dog in accordance with the
provisions of this Bylaw.
29.7
Any person may restrain any dog running at large in the City and must deliver
such dog so restrained to the Animal Control Officer or Pound Keeper for
impoundment. The Animal Control Officer or Pound Keeper may request a
statement in writing describing the dog restrained, the name of the owner (if
known) and the place and time of restraint.
29.8
When an impounded dog is wearing a collar to which is attached a dog tag,
valid for the current year, the Pound Keeper and/or appointed representative
must make all reasonable attempts to contact the registered owner shown on
record with the City of Swift Current. Unless the said dog is claimed and the
fees provided by this Bylaw are paid within 72 hours from the date of
impoundment, the said dog may be dealt with pursuant to the provisions of this
Bylaw and no liability whatsoever will be attached to the City or Animal Control
Officer or appointed representative by reason of the failure of the owner to
receive such notice.
29.9
The Pound Keeper must keep record of all dogs impounded in accordance
with the provisions of this Bylaw and the disposal of such dogs and supply the
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City with an annual report and any other information which may, from time to
time, be required respecting the enforcement of the provisions of this Bylaw.
29.10 It shall be the duty of the Pound Keeper to provide to each dog impounded
under the authority of this Bylaw, an adequate supply of food and fresh water
during its confinement in the animal shelter and to maintain clean and properly
ventilated pens or enclosures for impounded dogs.
30. Release of Impounded Dogs
30.1
The Pound Keeper shall keep all impounded dogs for a period of at least 72
hours, excluding Saturdays, Sundays, Statutory holidays, and the day of
impounding.
30.2
During this period, the owner may reclaim the dog from the pound following:
a) payment to the Pound Keeper of the fees set out in Schedule "C";
b) payment of any fines received due to the incident that caused the dog
to be impounded;
c) purchase of a dog license (if the dog is unlicensed), unless the dog is
not required to be licensed in accordance with Section 19;
d) a certificate being produced that the dog has been vaccinated against
rabies within the last two (2) years;
e) if a dog has not been vaccinated for rabies in the last two (2) years,
requirements of subsection d) may be met by the dog owner completing
a declaration as provided in Schedule "D" and pre-paying the Pound
Keeper for the cost of the rabies vaccination.
30.3
If a dog impounded is wearing a valid license tag for the current year, the
Pound Keeper shall immediately notify the owner by telephone or in writing of
the impoundment of the dog at the telephone number or address shown in the
license records. No liability whatsoever shall attach to the City or the Pound
Keeper by reason of the failure of the owner to receive such notice.
30.4
The owner of any dog impounded, in order to have the same released from the
pound, shall satisfy the Pound Keeper by reasonable evidence, that they are
the lawful owner entitled to the possession of said dog.
30.5
If a dog is not reclaimed within the period set out in subsection 30.1, or if the
owner of a dog fails or refuses to comply within this period with the conditions
set out in subsection 30.2, the Pound Keeper may dispose of the dog.
31. Disposal of Unclaimed Dogs
31.1
If an impounded dog is not claimed within 72 hours from the time such dog is
received at the pound, excluding Saturdays, Sundays and Statutory holidays,
and the fees if any, paid as herein provided, said dog may be disposed of by
the Pound Keeper without further notice in the following manner:
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a) disposal by adoption, where in the opinion of the Pound Keeper the dog
is suitable for adoption;
b) disposal by euthanasia where in the opinion/discretion of the Pound
Keeper/Veterinarian the dog is not suitable for adoption or cannot be
sold for adoption within a reasonable time.
31.2
The process from the disposal by adoption shall ensure to the party as
provided for in the agreement between the City and the Pound Keeper.
31.3
The proceeds received from the adoption are kept by the Pound Keeper as
provided for in the agreement between the City and the Pound Keeper.
PART IV
MISCELLANEOUS
32. Appointment of Officers
32.1
An Animal Control Officer shall be duly appointed by the City of Swift Current.
32.2
An Animal Control Officer appointed under this Section may enforce this Bylaw
within the City and may perform any other duties that may be imposed by any
other Bylaw regarding the control, licensing, and regulation of animals.
32.3
Section 337(1) of The Cities Act states that "a Council may appoint any Bylaw
Enforcement Officers that the Council considers necessary and define their
duties and fix their remuneration. Bylaw Enforcement Officers appointed
pursuant to the authority of this subsection 32.3 may represent the City before
a justice of the peace or Provincial Court Judge in the prosecution of anyone
who is charged with contravention of a bylaw."
33. Appointment of Pound Keeper
33.1
The Council may, by resolution, enter into an agreement with any person or
organization for the purpose of participation in the enforcement of this Bylaw or
for the purpose of providing pound keeping services.
33.2
It shall be the duty of the Pound Keeper to provide to each dog impounded
under the authority of this Bylaw, an adequate supply of food and fresh water
during its confinement in the animal shelter and to maintain clean and properly
ventilated pens or enclosures for impounded dogs.
34. Humane Destruction of Sick & Injured Animals
34.1
An Animal Control Officer or a Veterinarian shall take immediate action to
humanely destroy any sick or injured animal found within the City where, in
their opinion, immediate destruction of the animal is necessary to avoid
unnecessary suffering by the animal.
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34.2
Reasonable efforts will be made to contact the owner of an animal before it is
destroyed; however, no action lies against the Animal Control Officer, the City,
or Veterinarian solely because the owner of the animal was not contacted.
35. Kennels
The operation of any kennel within the City will be subject to approval from the Council
of the City, and the kennel must comply with the provisions of all Bylaws regulating the
operation of kennels and businesses within the City.
PART V
DANGEROUS ANIMALS
36. Designated Officials
36.1
The following municipal officials are hereby designated for the purposes of
Section 327 of The Cities Act:
ANIMAL CONTROL OFFICERS
36.2
The following municipal official is hereby designated for the purpose of Section
337 of The Cities Act as the person to be notified if an owner sells or otherwise
disposes of a dangerous animal:
THE CITY OF SWIFT CURRENT'S BYLAW OFFICER, BYLAW
COMPLIANCE AND LICENSING OFFICIAL and/or the CITY CLERK.
37. Dangerous Animals
For the purpose of this Section, an animal is presumed not to have been provoked, in
the absence of evidence to the contrary.
38. Exemption for Guard Dogs
38.1
No dog shall be considered dangerous while the dog was:
a) acting in the performance of police work; or
b) working as a guard dog on commercial property and was:
i.
securely enclosed on property by a fence or other barrier
sufficient to prevent the escape of the dog and the entry of
children of tender years; and
ii.
defending that property against a person who was committing
an offence.
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39. Fighting Animals Presumed Dangerous
Any person(s) who owns an animal for the purpose of fighting, or trains, torments,
badgers, baits, or otherwise uses an animal for the purpose of causing or encouraging
the animal to make unprovoked attacks on persons or domestic animals is guilty of an
offence.
40. Dangerous Animal Hearings
40.1
If a complaint is made that an animal is dangerous, a Judge shall hold a
hearing to determine if, based upon the evidence adduced at the hearing, the
animal is, in fact, dangerous.
40.2
Notice of the hearing referred to in subsection 40.1 shall be served upon the
owner of the animal in accordance with Section 60.
40.3
The notice shall be served:
a) in the case of an owner who is an individual:
i.
by delivering it personally to the owner; or
ii.
if the owner cannot conveniently be found by leaving it for the
owner at the owner's residence with a person at that
residence who appears to be at least eighteen (18) years of
age.
b) in the case of an owner that is a corporation:
i.
by sending it by registered mail to the registered office of the
corporation; or
ii.
by delivering it personally to the manager, secretary or other
executive officer of the corporation or the person in charge of
any office or other place where the corporation carries on
business in Saskatchewan.
40.4
Where an owner does not appear at the time and place appointed for the
hearing after having been notified of that time or place, the Judge may proceed
ex parte to hear and determine the proceedings in the absence of the owner as
fully and effectively as if the owner had appeared.
40.5
If the Judge is satisfied, on reasonable grounds, that the animal is dangerous,
the Judge shall make an Order embodying the following terms:
a) If the owner removes the animal from the owner's property, the owner
shall muzzle and leash it in accordance with the criteria prescribed in
Section 43 and keep it under direct control and supervision;
b) The owner shall inoculate the animal against rabies in accordance with
the provisions of Section 44;
c) The owner shall report the sale or other disposition of the animal to the
City's Bylaw Officer, Bylaw Compliance and Licensing Official and/or
the City Clerk;
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d) Where the animal is moved to a different city or municipality, the owner
shall notify the City's Bylaw Officer, Bylaw Compliance and Licensing
Official and/or the City Clerk and the Bylaw Enforcement Department of
the municipality where the animal is being moved to;
e) Where the animal is to be sold or given away, the owner shall:
i.
notify any prospective owner that the animal has been
declared dangerous, before it is sold or given away; and
ii.
notify the City's Bylaw Officer, Bylaw Compliance and
Licensing Official and/or the City Clerk of the name, address,
and telephone number of any new owner of the animal.
f) The owner shall have the animal micro chipped or tattooed by a
veterinarian within 10 days of the date of the Order and provide proof to
the Animal Control Officer.
40.6
An Order pursuant to subsection 40.5 may also include any or all of the
following terms:
a) The owner shall keep the animal in an enclosure which complies with
the criteria prescribed in Section 42;
b) The owner shall obtain and keep in effect liability insurance in an
amount of not less than $300,000 for any bodily injury to or death of
any person or domestic animal, or for damage to property, caused by
the animal and shall provide proof of such insurance to the Animal
Control Officer within 10 days of the Order;
c) The owner shall display a sign, which complies with the criteria
prescribed in Section 41, on the owners property warning of the
presence of the animal and shall continue to display that sign in good
condition so long as the animal is present on the property;
d) The owner shall have the animal spayed or neutered within 30 days of
the date of the Order; and/or
e) The owner shall take such other measures as the Judge considers
appropriate.
40.7
Notwithstanding subsection 40.5, a Judge may, in the alternative; Order that
the animal be destroyed or otherwise disposed of at the owner's expense and
shall give directions with respect to the destruction or other disposition.
40.8
Where an Order has been made pursuant to subsection 40.6 against the
owner, the owner may apply to the Judge who made the Order, that
compliance with the provisions of clause 40.6 b) be waived.
40.9
On an application pursuant to subsection 40.8 the Judge may waive
compliance with clause 40.6 b), on any terms and conditions that the Judge
considers reasonable, where the Judge is satisfied that the owner is unable to
comply with the requirements of that clause for a reason other than the owners
financial circumstances.
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40.10 A person desiring to appeal an Order pursuant to this Section shall, within 30
days of the Order being issued, file a Notice of Appeal with His Majesty's Court
of King's Bench, and the provisions of Part XXVII of the Criminal Code apply
with any necessary modification.
41. Requirement for Signage
41.1
Where an animal has been declared dangerous pursuant to Section 40, the
owner of the animal shall, within 10 days of the date of the Order of the Judge
declaring the animal to be dangerous, display a sign on their premises warning
of the presence of the animal in the form illustrated in Schedule "G".
41.2
A sign required by subsection 41.1 shall be placed at each entrance to the
premises where the animal is kept and on the enclosure in which the animal is
confined.
41.3
A sign required by subsection 41.1 shall be clearly visible and capable of being
read from any adjacent public road.
42. Requirements for Enclosures for Dangerous Animals
42.1
If a Judge Orders, pursuant to Section 40, that an animal be kept in an
enclosure, the enclosure must comply with the following criteria:
a) The enclosure shall be constructed of wood or any other building
material of sufficient strength and in a manner adequate to:
i.
confine the animal as to prevent escape;
ii.
prevent the entry of children of tender years; and
iii.
prevent the entry of another animal.
b) The entrances and other areas by which entry to or exit from the
enclosure may be made shall be locked or fastened in a manner
adequate to prevent the animal from escaping from the enclosure;
c) The enclosure shall be at least 3 meters in length, 1.5 meters in width
and 1.8 meters in height;
d) The enclosure shall have a top secured to the sides of the enclosure;
e) The enclosure shall:
i.
have a floor secured to the sides of the enclosure; or
ii.
the sides of the enclosure shall be embedded in the ground to
a depth of at least 0.6 meters;
f) The enclosure shall:
i.
provide protection from the elements for the animal;
ii.
provide adequate light and ventilation for the animal; and
iii.
be kept in a sanitary and clean condition.
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42.2
An owner shall not use a fence separating the owner's property from an
adjacent property as one of the sides of an animal enclosure.
43. Criteria for Muzzle and Leash for Dangerous Animals
Where an animal that has been Ordered to wear a muzzle or leash pursuant to this
Part, is removed from the owner's property, the animal shall be equipped with a
muzzle and be secured by a leash in accordance with the following criteria:
a)
The animal shall be fitted with a collar or harness for the body that is properly
placed and fitted on the animal;
b)
The movement of the animal shall be controlled by a person by means of leash
attached to the harness or collar of the animal;
c)
The leash shall not exceed 1.2 metres in length and shall be constructed of a
heavy material capable of restraining the animal in which it is being used;
d)
The muzzle of the animal shall be properly fitted on the animal to prevent it
from biting any animal or person;
e)
The muzzle shall be fitted on the animal in a manner that it will not interfere
with the vision or respiration of the animal; and
f)
No person not physically able to adequately control the animal on a leash may
remove or have the animal removed off the residing property.
44. Inoculation of Dangerous Animals
44.1
Where an animal has been declared to be dangerous pursuant to Section 40,
the owner of the animal shall, at the owners expense and within 10 days of the
date of the Order of the Judge declaring the animal to be dangerous, have the
animal inoculated against rabies by a veterinarian and provide proof to the
Animal Control Officer that the dog has been inoculated.
44.2
Where the owner of an animal provides proof that the animal has been
inoculated against rabies during the period of 12 months prior to the date of the
Order, the owner is not required to comply with subsection 44.1 until the
expiration of 12 months from the date of inoculation of the animal.
44.3
The owner of an animal shall have the animal inoculated within each 12 month
period following the inoculation mentioned in subsection 44.1 or 44.2 during
the lifetime of the animal.
45. Penalties for Offences for Dangerous Animals
45.1
Any person who owns an animal for the purpose of fighting, or trains, torments,
badgers, baits, or otherwise uses an animal for the purpose of causing or
encouraging the animal to make unprovoked attacks on persons or domestic
animals is guilty of an offence.
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45.2
Any person who displays a prescribed sign warning of the presence of a
dangerous animal and who is not acting in accordance with an Order made
pursuant to clause 40.6 c) or has not received the permission of the City to
display the sign is guilty of an offence.
45.3
Any person who does not comply with any part of an Order made against him
or her pursuant to subsection 40.5, 40.6 or 40.7 is guilty of an offence.
45.4
Any person who owns an animal that, without provocation, bites, inflicts injury,
assaults, or otherwise attacks or kills a person or domestic animal, is guilty of
an offence.
45.5
A person who is guilty of an offence pursuant to this Section is liable on
summary conviction:
a) in the case of an individual, to a fine not exceeding $10,000, or
imprisonment for not more than one year, or both;
b) in the case of a corporation, to a fine not exceeding $25,000, or
imprisonment of the directors of the corporation for not more than one
year, or both;
c) an order pursuant to subsection 40.5, 40.6 or 40.7;
d) a penalty consisting of any combination of clauses a) to c).
46. Order Binds Subsequent Owner
An Order issued pursuant to Section 40 continues to apply if the animal is sold or
given to a new owner or is moved to a different municipality.
47. Execution of Destruction Order
47.1
Unless the owner otherwise agrees, every Order for destruction of an animal
shall state that it shall not be implemented for eight (8) days.
47.2
Where an appeal is taken against an Order for the destruction of an animal the
application of the Order is stayed pending the disposition of the appeal, but all
of the remaining conditions imposed by the Judge pursuant to subsection 40.5
and 40.6 remain in effect until the appeal is disposed of.
47.3
Where an appeal is taken by an owner against an Order for the destruction of
an animal, they are required to pursue the appeal expeditiously.
47.4
The dog(s) shall be impounded pending the appeal and the owner shall be
required to surrender the said animal(s) to City Officials within seven (7) days
of receiving Notice.
47.5
Regardless of the outcome of the appeal, the owner shall be responsible for
the payment of the costs of impoundment of the animal pending the hearing.
47.6
Where the Judge on appeal overturns the Order for destruction of the animal,
the animal shall be released to the owner after the owner has paid the costs of
impoundment of the animal pending the hearing.
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48. Destruction by Peace Officers
48.1
A Peace Officer as defined by the Criminal Code may destroy any animal that
the Officer finds injuring or viciously attacking a person or domestic animal.
48.2
Where the Officer acted in good faith, a Peace Officer who destroys an animal
pursuant to subsection 48.1 is not liable to the owner for the value of the
animal.
49. Entry and Search
If a Peace Officer as defined by the Criminal Code or a designated officer has
reasonable grounds to believe that an animal is dangerous or has been ordered to be
destroyed or otherwise disposed of is in or on any premises, the Peace Officer or
designated officer may enter the premises and search for and impound the animal in
accordance with Section 327 of The Cities Act.
50. Charges May Be Added to Property Taxes
50.1
In accordance with Section 333(2)(c) of The Cities Act, if a person owes the
City for costs incurred by the City with respect to a dangerous animal, the City
may add the amount owing to the tax roll of any parcel of land for which the
person is the assessed owner.
50.2
If an amount is added to the tax roll of a parcel of land pursuant to subsection
50.1 the amount:
a) is deemed for all purposes to be a tax imposed pursuant to The Cities
Act from the date it was added to the tax roll;
b) forms a lien against the parcel of land in favour of the City from the date
it was added to the tax roll; and
c) shall include the addition of an administrative fee in the sum of $40 for
each parcel of land the outstanding costs is added.
PART VI
CONTROL AND REGULATION OF EXOTIC & WILD ANIMALS
51. Owning and Harbouring Exotic and Wild Animals
51.1
No person may own or harbour any animal, or hybrid of any animal, of the kind
listed in Schedule "E" for any purpose.
51.2
No person may buy, sell, trade, or exhibit any animal or hybrid of any animal of
the kind listed in Schedule "E".
51.3
It shall be unlawful to keep any bird in the Columbidae family (such as pigeons,
etc.), live poultry, livestock, and/or bees, as set out in Schedule "E", within the
boundaries of the City of Swift Current, except:
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a) on the premises of a recognized industry in the business of handling
livestock;
b) on the premises of the Swift Current Agricultural and Industrial
Exhibition Association Ltd. in connection with shows, fairs, and/or
exhibitions held with the permission of, or under the auspices of such
association;
c) upon receiving written approval from the Council or the City Clerk for
periods not to exceed 24 hours.
51.4
Any person found responsible for allowing an animal or hybrid of any animal of
the kind listed in Schedule "E" to run at large will be guilty of an offence and a
Violation Notice will be served for the amount of the penalty (fine) contained in
Schedule "B".
52. Prohibition Against Livestock
No person shall keep livestock in any area of the City unless the livestock are kept as
part of a public agricultural exhibition, exposition operation, agricultural fair or any
other location as noted in Schedule "J".
53. Exemptions to Owning and Harbouring Exotic and Wild Animals
Section 52 shall not prohibit the harbouring of an animal or a hybrid of an animal of the
kind listed in Schedule "E" in the following places or circumstances:
a)
on the premises of the Swift Current Society for the Prevention of Cruelty to
Animals;
b)
in a veterinary hospital under the care of a licensed veterinarian;
c)
by anyone holding a license under any statue of the Legislature of
Saskatchewan or the Government of Canada, which permits the keeping of
animals under stated conditions.
54. Feeding
No person shall entice any animal or hybrid of any animal of the kind listed in
Schedule "E" by feeding such animal or hybrid of such animal.
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PART VII
OBSTRUCTION OF ENFORCEMENT
55. Obstruction
55.1
No person, including the person who is the owner of a dog or cat which is
being impounded or has been impounded, shall obstruct a Pound Keeper or
Animal Control Officer in the execution of their duties as provided in this Bylaw.
55.2
The penalty (fine) for interference with enforcement of this Bylaw shall be as
set out in Schedule "B".
56. Interference
56.1
No person shall:
a) untie, loosen, or otherwise free an animal which has been tied or
otherwise restrained; or
b) negligently or willfully open a gate, door or other opening of a fence or
enclosure in which an animal has been confined and thereby allow an
animal to run at large in the city; or
c) tease, entice, bait or throw objects at a confined animal.
56.2
The fines for those offences outlined under 56.1 a), b) and c) shall be as set
out in Schedule "B".
57. Animal Abandonment
57.1
No person shall willfully fail to provide shelter or care to an animal in such a
way as to desert or abandon such animal for which that person is an owner.
57.2
No person shall abandon any animal on the property of an animal shelter
without formally surrendering such an animal to an animal shelter and paying
all surrendering fees as charged by an animal shelter.
57.3
No person shall willfully fail to claim an animal that is being held at an animal
shelter and for which said person is an owner.
57.4
The fine for abandonment of an animal shall be as set out in Schedule "B".
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PART VIII
PENALTIES
58. Voluntary Payment
58.1
Where an Animal Control Officer believes that a person has contravened any
provision of this Bylaw, they may serve upon such person a Bylaw Violation
Notice (Form A) as provided by this Section.
58.2
A Bylaw Violation Notice may be served:
a) in person, or
b) by hand delivery or mail to the last known address.
The notice is deemed to have been received when served, or 24 hours after
hand delivered.
58.3
Bylaw Violation Notices as shown in "Form A" must state the section of the
Bylaw being contravened and the amount of the fine.
58.4
If payment is made within 30 days from the date of the ticket being issued, a
summons to appear in court will not be issued.
58.5
Where any person contravenes the same provision of this Bylaw two (2) or
more times within one twelve-month period, the penalty payable in respect of
the subsequent contravention is double the amount shown in Schedule "B" of
this Bylaw.
59. Penalties
59.1
Subject to subsection 59.2, 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 less than $100 and not exceeding:
a) $10,000 in the case of an individual;
b) $25,000 in the case of a corporation;
59.2
Where an Animal Control Officer has reason to believe that a person has
contravened any provision of this Bylaw, that Officer may issue a Violation
Notice to the person and/or an Order to Comply.
59.3
A Violation Notice may indicate that the City will accept voluntary payment at
City Hall for the amount listed.
59.4
Fine amounts for voluntary payment to avoid prosecution for the offences in
this Bylaw are found in Schedule "B".
59.5
A Judge, in addition to the penalties provided in this Section, may, if he or she
considers the offence sufficiently serious and that all the surrounding
circumstances, including the conduct of the animal and the owner, warrant it,
direct or Order the owner of the animal to stop the animal from doing mischief
or causing the disturbance or nuisance complained which may include the
Bylaw No. 3 - 2024
Page 29 of 42
imposition of any conditions on the owner and the animal that the Judge
considers appropriate, including any conditions set out in subsections 40.5 or
40.6 of this Bylaw or, to have the animal removed from the City, or have the
animal destroyed.
59.6
A Judge, after convicting the owner of an animal of an offence under
subsection 59.1 may, in addition to any other penalties imposed or Orders
made, and without further notice or hearing, declare the subject animal a
dangerous animal if the Judge considers that declaration warranted based on
all of the circumstances of the offence and the conduct of the animal and the
owner.
60. Interim Orders
If an owner is given a Bylaw Violation Notice under subsection 22.1 or subsection 22.2
or Section 39 or Section 45 or has been served with a notice of hearing under Section
40 of this Bylaw and the matter is adjourned after first appearance in Court, for any
reason including for trial to a subsequent date, then the Judge has the power to
impose an interim order with respect to the dog or dogs imposing any of the conditions
in subsection 40.5 or 40.6 of this Bylaw or to the order the dog or dogs removed from
City limits subject to any conditions the Judge decides to impose on the dog and the
owner to ensure the safety of persons and other animals and these conditions shall
remain in place until the matter is finally resolved by the Court.
61. Service of Orders
61.1
Except where otherwise provided in this Bylaw, any notice, Order or other
document required by this Bylaw to be given or served may be served:
a) personally;
b) by registered mail to the last known address of the person being
served;
c) by hand delivering a copy of the notice, Order or document to the last
known address of the person being served; or
d) by posting a copy of the notice, Order or document at the land, building
or structure or on a vehicle to which the notice, Order or document
relates.
61.2
A notice, Order or document served in accordance with clause 61.1 b) is
deemed to have been served on the tenth day after the date of its mailing,
unless the delivery date shown on the signed post office receipt card is a date
earlier than the tenth day, then the notice, Order or document is deemed
delivered on the delivery date.
61.3
A notice, Order or document served in accordance with clause 61.1 c) or d) is
deemed to have been served on the day after the date of its delivery of
posting.
61.4
If service cannot be effected in accordance with subsection 61.1:
Bylaw No. 3 - 2024
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a) the notice, Order or other document may be served by publishing it in
two (2) issues of a newspaper circulating in the city; and
b) for the purposes of clause a), the second publication must appear at
least three (3) days before any action is taken with respect to the matter
to which the notice, Order or document relates.
62. Severability
If any section, subsection, sentence, clause, phrase, or other portion of this Bylaw is
for any reason held invalid or unconstitutional by a Court of competent jurisdiction, that
portion will be deemed a separate, distinct and independent provision and the holding
of the Court will not affect the validity of the remaining portions of the Bylaw.
PART IX
REPEAL OF FORMER BYLAW
63. Repeal
Bylaw No. 1 - 1991 and Bylaw No. 20 - 2003, and all amendments thereto are hereby
repealed.
PART X
EFFECTIVE DATE OF BYLAW
64. Effective Date
This Bylaw shall come into force and take effect on the day of final passing thereof.
MAYOR
_____________________ CITY CLERK
INTRODUCED AND READ a first time this 20th day of February, 2024.
READ a second time this 20th day of February, 2024.
READ a third time and finally passed this 20th day of February, 2024.
"Al Bridal" "Jackie Schlamp"
Bylaw No. 3 - 2024
Page 31 of 42
SCHEDULE "A"
FORMING A PART OF BYLAW NO. 3 - 2024
ANNUAL LICENSE FEE FOR DOGS
All dogs six (6) months old or over
License Fee for Dogs
$50
-
Discount (spayed or neutered)
$13
-
Discount (rabies vaccination)
$2
License Fee for Kennels
-
Canadian Kennel Club registrant
$100
-
Boarding or selling (not licensed with CKC)
$125
Service Dog
No Fee
Replacement Tag
$5
ANNUAL LICENSE FEE FOR CATS
License Fee for Cats
$30
-
Discount (spayed or neutered)
$10
Bylaw No. 3 - 2024
Page 32 of 42
SCHEDULE "B"
FORMING PART OF BYLAW NO. 3 - 2024
AMOUNTS WHICH WILL BE ACCEPTED BY THE CITY OF SWIFT CURRENT
IN LIEU OF PROSECUTION
OFFENCE UNDER
OFFENCE
AMOUNT
Section 8.2
Unlicensed cat
$75
Section 9
Exceeding maximum number of cats
$100
Section 10.1
Allowing cat to become a nuisance
$100
Section
17.1
17.2
Defecation - Property other than owner
Defecation - Owners property not cleaned
$100
$100
Section
19.2
19.3
19.9
19.11
Unlicensed dog
Unlicensed kennel
False information
Dog not wearing tag off owner's property
$75
$100
$100
$75
Section 21.1
Exceeding maximum number of dogs
$100
Section
22.2
a)
b)
c)
e)
f)
g)
Biting a person(s)
Injure a person(s)
Chase or otherwise threaten a person(s)
Barking, howling or disturbing
Cause damage to property or other animals
Upset waste receptacle
$200
$200
$200
$100
$200
$75
Section
24.1
24.2
Defecation - property other than owner
Defecation - owner's property not cleaned
$100
$100
Section
26.1
Dog at large
$100
Section
27
Dog unattended in motor vehicle
$100
Section
40.5
Failure to report sale, move or giving away of vicious
dog
$300
Section
51.1
51.2
Owning or harbouring Exotic and Wild Animal
Buying, selling, trading or exhibiting Exotic and Wild
Animal(s)
$400
$400
Section 55.1
Interference with enforcement
$400
Section
56.1
a)
b)
c)
Untie or free animal
Willfully open gate or door
Tease, throw things at dog
$200
$200
$200
Section 57
Failure to provide shelter or care, abandon
$200
Subsequent Offence committed within twelve (12) months of the first offence -
DOUBLE THE AMOUNT IN THE ABOVE SCHEDULE
Bylaw No. 3 - 2024
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SCHEDULE "C"
FORMING PART OF BYLAW NO. 3 - 2024
CHARGES FOR THE RELEASE OF IMPOUNDED ANIMALS
Release of Impounded Dogs
$65
-
Second and subsequent offenses
$100
-
Each additional day - plus license fee if
unlicensed
$25
Release of Impounded Cats
$40
-
Second and subsequent offenses
$100
-
Additional day(s) - plus license fee if
unlicensed
$25
Bylaw No. 3 - 2024
Page 34 of 42
SCHEDULE "D"
FORMING PART OF BYLAW NO. 3 - 2024
DECLARATION TO HAVE DOG LICENSED AND VACCINATED
I,
of
hereby declare that the dog which is released to me by the SPCA on this date, will be
vaccinated for rabies and licensed as required by the Swift Current Animal Control Bylaw
within 30 days.
I acknowledge that failure to comply with this declaration may result in prosecution under
the Animal Control Bylaw.
Dog Owner
Description of Dog
Witness
Date
Bylaw No. 3 - 2024
Page 35 of 42
SCHEDULE "E"
FORMING PART OF BYLAW NO. 3 - 2024
A LIST OF ANIMALS PROHIBITED WITHIN THE CITY OF SWIFT CURRENT
-
All Arachnids dangerous to humans (such as scorpions and tarantulas, except
tarantulas of the genera Aphonopelma, Avicularia and Grammastola)
-
All Artiodactylus Ungulates, (such as domestic goats, sheep, cattle, and pigs)
-
All Bats
-
All Bees
-
All Canids, except the domestic dog
-
All Columbidae (such as doves and pigeons)
-
All Crocodilians (such as alligators, crocodiles, and caimans)
-
All Edentates (such as anteaters, sloths, and armadillos)
-
All Elephants
-
All Felids, except the domestic cat
-
All Hyaenas
-
All Livestock (such as pigs, cows and sheep)
-
All Marsupials (such as kangaroos and opossums)
-
All Mustelids (such as skunks, weasles, otters, and badgers) except the domestic
ferret
-
All non-human Primates (such as gorillas and monkeys)
-
All Perissodactylus Ungulates (such as horses)
-
All Pinnipeds (such as seals, fur seals, and walruses)
-
All Poultry (such as chickens, ducks, turkeys and geese)
-
All Procynoids (such as raccoons, coatis, and cacomistles)
-
All Raptors, diurnal and nocturnal (such as eagles, hawks, and owls)
-
All Ratite Birds (such as ostriches, rheas, and cassowaries)
-
All Ursids (bears)
-
All venomous Reptiles and Amphibians
-
All Viverrids (such as mongooses, civets, and genets)
Examples of animals of a particular prohibited group are given parentheses. They are
examples only and shall not be construed as limiting the generality of the group.
Bylaw No. 3 - 2024
Page 36 of 42
SCHEDULE "F"
FORMING PART OF BYLAW NO. 3 - 2024
SWIFT CURRENT OFF-LEASH DOG PARK
The Swift Current Off-leash Dog Park is a large, safe outdoor space where dogs are able
to roam, run and play. Located on the east side of Highway No. 4 at the end of Hillcrest
Drive, the dog park is available thanks to the generous support of donors, volunteers, and
the City of Swift Current.
Bylaw No. 3 - 2024
Page 37 of 42
SCHEDULE "G"
FORMING PART OF BYLAW NO. 3 - 2024
on
Premises
Bylaw No. 3 - 2024
Page 38 of 42
SCHEDULE "H"
FORMING PART OF BYLAW NO. 3 - 2024
ENCLOSURES FOR VICIOUS DOGS
DIMENSIONS (minimum dimensions)
-
3 meters in length
-
1.5 meters in width
-
1.8 meters in height
LOCATION OF ENCLOSURE
-
located in rear yard only;
-
no closer than 1 meter to the property line;
-
no closer than 1.2 meters from any other building on your property; and
-
no closer than 5 meters from a dwelling unit located on an adjacent property.
ADDITIONAL REQUIREMENTS
-
must be constructed of wood or any other building material of sufficient strength
and in a manner adequate to prevent the animal from jumping, climbing, or digging
out of the enclosure;
-
the roof and floor must be secured to the sides of the enclosure;
-
the sides of the enclosure must be embedded in the ground to a depth of at least
.6 meters;
-
the entrances to the enclosure must be locked or fastened in a manner adequate
to prevent the animal from escaping, and prevent the entry of unauthorized
persons; and
-
must provide adequate light, ventilation, and protection from the elements for the
animal must be kept in a sanitary and clean condition.
Bylaw No. 3 - 2024
Page 39 of 42
SCHEDULE "I"
FORMING PART OF BYLAW NO. 3 - 2024
CAT TRAP PERMIT
DATE:
TRAP #:
The undersigned agrees to the following terms and conditions:
-
to place the cat trap only on their property which is within the City of Swift Current;
-
to personally check the cat trap every two (2) hours while the trap is set;
-
in the event a cat is trapped, to immediately contact the City Pound Keeper at 773-
1806. In the event that the City Pound is closed, the cat may be held until the Pound
reopens, but in no event for longer than twenty-four (24) hours. Where a cat is held,
the undersigned is responsible for the humane treatment and shelter of a 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. Other than as required by this permit, do not
attempt to remove an unfamiliar cat from the trap - this will be done by an Animal
Control Officer/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 which is in their possession including
exposure to inclement weather;
-
cat traps are not to be used when the temperature falls below -10 degrees C or rises
above +30 degrees C;
-
any Animal Control Officer may enter the property of the undersigned to ensure the
trap is being used properly;
-
to advise the Pound Keeper of the ownership of any cat trapped, if known;
-
to be responsible for the trap, including the cost or repair or replacement if damaged,
lost or stolen;
-
traps must not be set on statutory holidays as the City Pound is closed;
-
the trap is to be returned to the place of rental (SPCA/City Hall) three days after
issuance.
*IT IS A SERIOUS OFFENCE TO HARM ANY DOMESTIC ANIMAL
Bylaw No. 3 - 2024
Page 40 of 42
Address of intended location of trap:
Deposit:
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 Swift
Current/SPCA for all such liability.
Signature:
Name of Complainant:
Address of Complainant:
TRAP RETURNED:
Date:
Received by:
Remarks:
Deposit Returned:
(signature of complainant or agent)
Bylaw No. 3 - 2024
Page 41 of 42
SCHEDULE "J"
FORMING PART OF BYLAW NO. 3 - 2024
APPROVED LOCATIONS FOR LIVESTOCK WITHIN THE CITY OF SWIFT CURRENT
Livestock shall only be kept within the following area of the City:
-
Swift Current Exhibition Grounds.
Upon approval by the Licensing Official livestock can be set up for display, for a specified
period of time.
Bylaw No. 3 - 2024
Page 42 of 42
FORM "A"
FORMING PART OF BYLAW NO. 3 - 2024
BYLAW VIOLATION NOTICE