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## THE VILLAGE OF MAYO
## BY-LAW # 92
- A by-law to provide for the control of animals.
hereby ENACTS AS FOLLOWS:
1. This by-law may be cited as the "Animal Control By-law".
2. In this by-law
3. (a)
- b) "Animal Shelter" means those premises used by th Tillage of Mayo for the purpose of impoundina animals
5. (C) "at large" means off the premises of the owner of the animal, when the animal is not under the immediate control of a competent and responsible person;
6. (d) "Council" means the Council for the Village of Mayo.
7. (e) "dog" includes a male or female dog and an animal that is a cross between a wolf and a dog;
8. (f) "licensed veterinarian" means a person licensed as a veterinarian;
9. (g) "Medical Health Officer" means a person appointed to the position of Medical Health Officer for Mayo;
10. (h) "neutered dog" means any dog which is sterile sexually;
11. (i) "Officer" means any person appointed as an Animal control Officer for the Village of Mayo;
- (1) "owner" means any person who owns, harbours, possesses r has control o custody of an animal and "own" owned" and "owning" shall have correspondino meaninos
13. (k) "special permit" means a permit to own more than two animals issued in accordance with the provisions of this by-law;
- (1) "Village" means the Village of Mayo;
15. (M) wild animal" shall mean an animal belonging to a specie lot domesticated or tame in nature
16. (n) Preten tauring the ponce, bling dangerous and
17. The provisions of this by-law shall be enforced by the Animal appointed from time to vine by the co neit being such person as
## BY-LAW # 92
## DOG LICENSES
4. No person shall unless this by-law. own any dog within the Village boundaries licensed pursuant to the provisions o1
2. g license tag for which there shall be no f payable.
- (2) and not more than fifty dollars ($50.00).
4. Every dog owner shall provide to the Village the following information with each application for a dog license tag;
5. Name and postal address of the owner;
6. Name and description of the dog to be licensed;
7. Proof of injections for rabies, distemper and parvo prior to licencing;
8. Such other information as may be required by the Village.
7. For the purposes of section 5, a dog shall not be licensed as a neutered dog unless the applicant shall provide a certificate acceptable to the Village certifying that such dog is sexually sterile.
8. Every person who becomes the owner of a dog which is currently licensed in accordance with this By-law shall, immediately upon becoming owner of the dog, apply to the Village for a dog license tag and provide to the Village the information required by Section 6.
9. Every person who becomes the owner of a doo which is urrently licensed in accordance with the provisions of this Pe day arter booting one of an as an dog, wienin
12. Every license and permit issued under this by-law shall be affective from the date of issue until the 31st day of December next following.
13. Licenses issued under this by-law shall not be transferable from one dog to another.
12. Upon provision of the information required by Section 6, the Village will issue to the owner a license tao with the vear of issue and a number stamped thereon.
15. Tow may tain a license ta do Yeplace dung that has been lost.
16. Every owner shall keep the license tag issued under section 11, or a replacement tag issued under Section 13, securely fastened to a choke chain, collar, or harness worn by the at all times.
## BY-LAW # 92
## KENNELS
15. (1) Notwithstanding the provisions of Sections 4 to 14 inclusive of this by-law, the holder of a license to operate a kennel, issued in accordance with Sections License tape perrad to in con i above he natal
2. Any person operating a licensed kennel shall keep the dogs thereof confined to the kennel premises, except when the dogs are wearing the metal license tags issued pursuant to subsection (1) hereof, are under the immediate charge and control of some competent anc responsible person.
## SPECIAL PERMITS
16. No person, other than the holder of a kennel or veterinary clinic license, shall own, or permit to be owned, more thar five dogs at any time on land or premises occupied by their owners within any area in the Village boundaries.
27. но во other than the holder of a kennel or veterinars 17. No nee license, shall own, or permit to be owned, more thar two dogs at any time on land or premises occupied by their owners within any area in the Village boundaries without first having obtained a special permit pursuant to the provisions of this by-law.
18. Every person, other than the holder of a valid kennel or veterinary clinic license, on land or premises occupied by their owners within any area in the Village boundaries shall first apply to the Village for which there shall be no fee payable.
4. No permit or any renewal thereof, shall be issued under Section 18 unless the applicant shall provide to the Village at the time of application:
5. the consent in writing, on a form prescribed by the Village, of all property owners whose property is located within 150 feet of the boundaries of the property of the applicant on which the dogs will be harboured, and
6. (b) an agreement in writing, on a form prescribed by the Village,
7. (i) permitting the Council and its officer to enter onto the lands where the dogs will be kept, for purposes of inspection,
20. Every special permit issued under this by-law shall be effective from the date of issue until the 31st day of December next following, and shall be renewed each year on or before the date of expiry.
21. For purposes of Sections 16 to 20
10. "dog" shall mean any dog, as defined in Section 2 (e), which is over the age of 3 months, and
11. in any proceedings under those sections, any dog shall, the absence of evidence to the contrary, be deemed to be over the age of 3 months.
## BY-LAW # 92
- The provisions of Sections 4 to 17 shall not apply to owners temporarily in the Village for a period not exceeding two weeks.
- (2) In any prosecution or proceedings for a contravention f Sections 4 to 17 inclusive, the burden of proof that in owner is not a resident and is temporarily in the Village for a period not exceeding two weeks shall rest upon the owner.
23. Every person wishing to own or keep poultry on land or premises occupied by their owners within any area in the Village boundaries shall first apply to the Village for a special permit for which there shall be no fee payable.
- 1) No permit or any renewal thereof, shall be issued under Section 23 unless the applicant shall provide to the Village at the time of application:
- the consent in writing, in a form prescribed by the Village, of all property owners whose property is located within 150 feet of the boundaries of the property of the applicant on which the poultry will be harboured, and
- (b) an agreement in writing, in a form prescribed by the Village,
- (i) permitting the Council and its officers to enter onto the lands where the entert, for pulands oh to teet poultry will
- (ii) agreeing that the owning of poultry will not be for commercial purposes.
## GENERAL
25. The granting of any license or permit under this by-law is 1ssuet, in Complance with any osher by-Law of themit
2. and where such animal is found at large, it : deemed to be so with the consent of the owner.
3. No owner of an animal shall permit such animal to be any public property Village boundaries is on a and which is held at all times by a person able to control the animal.
4. Any animal not on a leash as required in subsection (2) shall be deemed to be at large.
27. (1) No person shall keep or transport any animal within or upon any motor vehicle or trailer within the Village boundaries unless such animal within or upon such motor vehicle or trailer is securely confined.
- (2) Any animal not confined as required by subsection (1) shall be deemed to be at large.
7. In any prosecution or proceedings under this section the registered owner of the motor vehicle or trailer referred to in subsection (1) shall be deemed to be the owner of the animal unless it is a licensed animal.
## BY-LAW # 92
28. in the Village boundaries without a special permit.
29. (1) Every owner of a female dog or cat in heat shall confine such animal within a building or other enclosure the owners veterinary clinic or boarding kem el property, or in a in such manner as to prevent the dog or cat from coming into contact with a male dog or cat, as the case may be. Such confinement shall continue for the whole period the dog or cat is in heat, except that the said dog or cat may released from such confinement for intentional breeding purposes and for the purpose of defecating on the premises of the owner.
3. An Officer may seize any dog or cat in heat and not confined as reguired by subsection (1), and may thereupon impound such dog or cat in the Animal sheiter.
30. (1) No owner of an animal shall allow such animal to become nuisance, i.e. running at large on public property, disturbing the peace, being dangerous and vicious. Fines are applicable as per Section 30 (3).
- (2) No owner of a animal shall permit such animal to make an unreasonable noise or in any other manner disturb the quiet any person. For the purposes of this section, "noise" barking, whimpering, whining, howling or any other sound made by animals. Fines are applicable as per Section 30 (3).
- (3) The owner of an animal found to be a nuisance is guilty of an offense, and shall:
7. on first offense.
8. be fined $50.00 on third offense.
9. be notified, (on the fourth offense), of the immediate destruction of such animal and fined a minimum of $75.00 or the actual cost of destruction.
31. (1) No owner of an animal shall permit such animal to damage public or private property.
- (2) When public or private property is damaged by any its owner shall be deemed to have failed or antused to haye complied with the requirements of subsection (1).
12. No person, whether or not he is the owner of an animal which is being, or has been, pursued or seized shall:
13. (a)
14. (b) unlock or unlatch, or otherwise open, the van or vehicle in which animals seized for impoundment have been placed so as to allow or attempt to allow any animal to escape therefrom;
15. (c) remove, or attempt to remove, any animal from the possession of an Officer or any person at the time responsible for the operational maintenance of the Animal Shelter.
5
## BY-LAW # 92
- this by-law, employed for
34. provision are to as not are end amering pro, i m of this by-law.
## IMPOUNDMENT
35. The at longe may establish authore the men purpose of operation Animal Shelter impounding animals.
36. An Officer may seize any animal that is found running large and may impound such animal in the Animal Shelter or, if the facilities available at the Animal Shelter are unsuitable for such animal, in such other facilities as in the opinion of the officer are reasonable.
3. Where dog wearing a current Village license tag impounded, on 3, more he coal one under hit he may regain custody of the dog.
- (1) Where any dog carrying a current Village license tag is impounded under the provisions of this by-law, such dog nay be recovered by the owner within 72 hours after eing impounded on payment of the sum of $45.00 where the dog or any other dog owned by the owner has not been previously impounded during the immediately preceeding 12 months.
5. Where any dog not wearing a current Village license including any dog exempt from licensing pursuant Section 22, is impounded under the provisions this by-law, such dog may be recovered by the owner within 48 hours after being impounded on payment of the sum of $45.00 where the dog or any other dog owned by the owner has not been previously impounded during the immediately preceeding 12 months.
6. Notwithstanding the provisions of subsection (2), any dog impounded under the provisions of this by-law which is owned by a person operating a licensed kennel in accordance with Section 15, and which is wearing at the ime of impoundment a choke chain, or harness o which is attached a tag clearly identifying the do as the property of such kennel, may be recovered in accordance with the provisions of subsection (1).
7. Where the dog or any other dog owned by the owner has been previously impounded on one or more occasion during the immediately preceeding 12 months, such dog recovered by the owner on payment of the following impoundment fees:
8. (a) the sum of $70.00 for the second impoundment, and
9. (b) the sum of $120.00 for each impoundment thereafter
## BY-LAW # 92
- In addition to the impoundment fees required to be paid pursuant to Section 38, the owner shall pay, prior to release of the dog from impoundment, the sum of $5.00 for feed and care each day that the doo shall have been impounded.
- 4 fee for the feed and care of an impounded dog shal: not be charged with respect to the day on which the do is impounded provided the dog is recovered by its owner on the day of impoundment.
40. by the council.
41. (1) Where the ownership of an impounded animal other than a dog can be determined by an Officer he shall inform the owner of the impounded animal, forthwith and in writing, of its seizure and the conditions under which such animal may be recovered by the owner.
- (2) Any animal, other than a dog, impounded under the provisions of this by-law may be recovered by the owner on payment of the actual costs of seizure and impoundment, together with the sum of $10.00 for feed or portion thereof animal shall have been impounded and on providing a place of keeping for such animal in compliance with the provisions of this by-law.
- (3) Any animal, other than a dog, impounded under the of this by-law may be recovered within 72 hours of the date of impoundment.
- (4) If the owner of any impounded animal, other than a dog, cannot be found, or if the owner of such animal does not recover the animal within the recovery period described in subsection (3) and pay the prescribed fees and charges, then the Village may sell the animal, public auction or otherwise, or may destroy the animal.
- The proceeds of any sale of an animal other than a dog, shall be applied firstly to the impoundment fees and charges, then to the cost of the sale, and the balance if any, shall be paid to the owner if the owner can be
- Notwithstanding anything in this by-law to the contrary, no dog shall be released from impoundment unless the dog is first licensed in accordance with the provisions of this by-law, if required to be licensed by the by-law.
43. Notwithstanding any other provisions of this by-law where, in the judgement of a veterinarian or the Medical Health an impounded animal should be destroyed for humane reasons such animal shall forthwith be destroyed and shall not be recovered by the owner or sold.
## BY-LAW # 92
## RABIES CONTROL
- Upon being brought to the notice of an Officer, unvaccinated animal that bites a person may be seized officer and placed under quarantine for a period f 10 days at the Animal Shelter, and for the purposes of this section, unvaccinated an animal shall be deemed to be unless the owner shall provide a certificate acceptable to the Village certifying that the animal has received a vaccination that currently protects the animal from contracting rabies. Such animal shall not be released from quarantine except approval of the Medical Health Officer, be vaccinated at the owner's expense.
- At the discretion of an Officer, the quarantine required under subsection (1) may be within a building or other secure enclosure on the premises of the owner.
- Where any animal has been diagnosed as being rabid, or is suspected by a veterinarian or the Medical Health Officer as being rabid, or dies while under quarantine, the Officer shall immediately send the head of such animal to a laboratory for pathological analysis, shall notify the Medical Health Officer of any known suspected animal after pathological examination.
- Every animal bitten by an animal adjudged to be rabia shall forthwith be destroyed or, at the owner's and expense, shall be treated for rabies infection by a
- veterinarian.
- Except as provided in Section 44, no person shall kill, or cause to be killed
- (a) any rabid animal,
- (b) any animal suspected of having been exposed to
rabies, oI
- (C) any animal which has bitten a human,
nor remove the same from the Village without written permission from an Officer or the Medical Health Officer.
- Upon demand the carcass of any dead animal which has been exposed to rabies shall be surrendered to an Officer or the Medical Health Officer.
## VICIOUS AND WILD ANIMALS
46. No person shall own an animal with a vicious temperament unless such animal shall be confined within a
2. For the purposes of subsection (1), but not so as t estrict the scope of that subsection, any dog or ca that has bitten a person or persons more than two times
## Bylaw # 92
- in any proceedings or prosecution under subsection (1). he Justice may make an order for the destruction o other disposal of the animal by the owner within such time as he may deem appropriate and, where the animal is not destroyed or otherwise disposed of pursuant to he order, the Justice may in his discretion impose i ine not exceeding $100.00 upon the owner.
47. Notwithstanding any other provision of this by-law, where an Officer considers it to be in the interest of public safety to do so, he may forthwith destroy any dog running at large in contravention of this by-law, whether or not such dog is deemed to have a vicious temperament.
## PENALTIES
19. Arouperson of violated is gilt can vetse and is the on summary conviction
2. (a) for a first offense to a fine not exceeding $100.00;
3. (c) for third and subsequent offense to a fine no ·xceeding $300.00
4. (b) for a second offense to a fine not exceeding $200.00;
50. This by-law shall come into full force and effect upon final reading of this by-law.
## Enactment
By-Law # 36 is hereby repealed.
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READ A FIRST AND SECOND time this 4 day of March -, 1992.
APPROVED bY the Executive Council Member this 24 day of
'ouncil Membe
READ A THIRD time and FINALLY PASSED this 2o day of may 1992.
hichael emmis
Mayor
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