Dogs (Bylaw 1-11)

A BYLAW OF THE TOWN OF ROCKGLEN IN CONNECTION WITH THE LICENSING, REGULATING, RESTRAINING AND IMPOUND OF DOGS

The Council of the Town of Rockglen, in the Province of Saskatchewan, enacts as follows:

Definitions

1. In this Bylaw, unless the context otherwise requires, the expression:

a) “Council” means the council of the Town of Rockglen;

b) “Town” means the Town of Rockglen;

c) “Resident” means any person occupying any accommodation of any kind in the town;

d) “Owner” means any persons, partnership, association, or corporation owning, possessing, harboring, having charge of or control over any dog;

e) “Dog” means all species of the animal commonly known as dogs and includes the female as well as male of every breed or classification or mixture of breeds;

f) “Running at Large” means being on:
(i) public property unaccompanied by any person, or

(ii) public property accompanied but not under the “complete” control of a person by means of a leash suitable to the size and strength of the animal, or

(iii) private property unaccompanied or accompanied by any person but not under the “complete” control of a person by means of a leash suitable to the size and strength of the ·animal where the property owner has not given permission to the owner of the animal;

g) “Kennels” means any structure other than a dwelling house used by any person for boarding or otherwise caring for, training or whelping dogs, exceeding two (2) dogs in number over the age of six (6) months, whether or not for reward, but shall not include any premises occupied by a duly qualified Veterinarian for the practice of his profession;

k) “Assist Dog” means a dog used to assist persons with disabilities or dogs used by the RCMP Service;

1) “Dog Controller” means a person appointed by Council to enforce the Town Dog Bylaw.

m) “Aggressive Dog” means:
(i) A dog with a known propensity, tendency or disposition to attack without provocation, cause injury or otherwise threaten the safety of humans or domestic animals;

(ii) A dog which has, without provocation, bitten, inflicted injury, assaulted, pursued or otherwise attacked a human or domestic animal.

2. Council may at its discretion appoint a Dog Controller.

Licensine of Dogs

3. Every owner of a dog shall obtain a license for each dog owned by the owner from the Town’s administrator.

4. a) No owner, possessor or harborer of any dog over six (6) months of age shall be in possession of it unless such dog has been licensed for the current license year;

b) Notwithstanding anything contained in this Bylaw, “assist dogs” shall be licensed, and the Town shall issue the license without payment of the license fee; ·

c) (i) The owner of every dog shall, upon the dog obtaining the age of six (6) months and on or before the 31st day of December of each year thereafter, apply to the Town Administrator for license to keep such dog within the Town, tendering with such application, the required annual fee; ·

(ii) In case of a lost license tag, a duplicate may be obtained from the town administrator upon payment of a fee of two ($2.00) dollars;

(iii) For each dog licensed elsewhere in the Province of Saskatchewan owned by a resident of the town, the rate for the respective classifications of dogs shall be on half (‘h) of the above referenced rate.

5. All licenses shall expire on the 31st day of December of the year issued.

6. The license fee shall be ten dollars ($10.00) per dog.

7. The license shall not be transferable to any other dog.

8. Any resident within the Town who owns a dog in the Town and neglects or refuses to take out a license for the said dog shall be deemed guilty of an infraction of this bylaw.

9. Every person who owns a dog for which a license has been obtained under this bylaw, shall cause such dog to wear a collar, to which shall be attached a current license plate or disc indicating the license number and the year for which such license has been paid.

Duties of Dog Owners

10. a) No owner or keeper of a dog shall permit their dog or dogs on any school ground except when the owner or keeper is attending a recognized training or obedience school for training his dog;

b) Section 10 a) shall not apply to an owner who is using the dog in question for an “assist dog”. ·

11. a) If a dog defecates on any public or private property other than the property of its owner, the owner or keeper shall cause such defecation to be removed immediately.

b) Where, under 11 a) the owner of a dog fails to remove such defecation illunediately, the owner shall be in violation of this Bylaw.

12. No owner or keeper shall permit his dog or dogs to damage public or private property.

13. (i) No owner or keeper shall use a choke chain on a dog except
when walking a dog on a leash or being used for the purpose of
training.
(ii) No person shall keep an animal within the Town tethered on a chain, rope or similar restraining device of less than 3 meters in
length.
(iii) Every person who has tethered a dog shall ensure the dog has
unrestricted movement within the range of the tether.

14. Every person requested by an authorized person shall forthwith deliver a statement verifying in writing the number of dogs owned by that person.

15. . No person operating a motor vehicle within the Town limits shall allow a dog to be on the drivers lap while the vehicle is in motion.

16. No owner shall keep a kennel or kennels within the Town.

17. Every owner of a female dog in heat shall keep such dog housed at all times during the whole period that such female dog is in heat.

18. No household shall have more than two (2) adult dogs within the boundaries of the Town. Any household having more than (2) adult dogs prior to the passing of this bylaw is hereby grand-fathered for the applicable dogs.

Restraining and Impounding

19. a) No owner shall permit any dog to run at large in the Town. The owner of a dog running at large shall be given written warning. If, after three (3) written warnings have been issued, the dog is still running at large, council may decide to have the dog destroyed.

b) For the purpose of impounding any dog found running at large in the Town, a pound shall be established at such place or places as may from time to time be designated by the council and the council shall from time to time appoint one or more pound keepers, and fix their remuneration.

c) The Dog Controller or any person of the full age of eighteen (18) years, may catch or seize any dog found rlinning at large, contrary to the provisions of this Bylaw, and shall deliver such dog to the pound, and it shall thereupon be impounded and kept for seventy-two (72) hours and if not claimed and redeemed by the owner, may be sold for the cost of boarding and vaccination against rabies, but if such impounded dog is not claimed and redeemed or sold within a period of ninety-six (96) hours, from the time of impoundment, the said dog may be destroyed or disposed of at the discretion of the person designated by council. Any person realizing and redeeming an impounded dog shall provide proof of vaccination against rabies. If such proof is not provided, the owner shall be required to pay the cost of rabies vaccination before the dog may be redeemed.

d) Any person the full age of eighteen (18) years, who restrains any dog running at large in the Town, shall deliver the dog so restrained to the Dog Controller. Such person shall leave with the Dog Controller a statement, in writing, describing the dog restrained, name of the owner (if known), the place and time restrained.

e) Pound fees shall be described in Schedule “A”

General

20. a) Every person being the owner of a dog found running at large shall be liable on summary conviction to a fine not exceeding $100.00 for the first offence,
$200.00 for the second offence and $500.00 for the third and any subsequent offences.

b) The fine shall be discounted to half if paid within fourteen (14) days of the fine date.

c) Any person who operates a kennel in Town is guilty of violation of this Bylaw and upon conviction is subject to a fine of $20.00 and $5.00 per day for each day that person is in violation of this provision.

d) Any unauthorized person who removes a collar or dog license which is required by the provision of Section 9 of this bylaw, from a dog shall be liable on summary conviction to a fine not exceeding $20.00.

e) Notice of Violation shall be in Form “A” attached hereto and forming part of this Bylaw.

f) A violator ofthis Bylaw, upon being served with a Notice of Violation, may voluntarily pay the penalty indicated thereon at the office of the Town of Rockglen at Rockglen, SK.

g) Ifa violator does not voluntarily pay the penalty provided within seven (7) days of being served with a Notice of Violation, said violator shall be liable, on summary conviction, to either pay a penalty of $25.00 over and above the fees for impounding, and all costs of prosecution, including the cost of committal and conveyance to a goal and in default of payment of the said penalty and costs, to imprisonment for a period not exceeding five (5) days.

21. No person shall tease a dog, entice a dog, bait or throw objects at a dog confined within its owner’s property.

22. The Town Administrator shall institute a proper accounting system to ensure that official receipts are issued in respect of any license fees, pound fees or charges, or other monies received or collected in respect of this Bylaw, and that all
records in respect of same are audited at the same time as other Town records.

23. No owner of a dog shall permit his dog to be or become a nuisance by barking or howling or emitting other animal sounds continuously for a period exceeding 15 minutes.

24. No person, whether or not he is the owner of a dog which is being or has been pursued or seized shall:
(i) interfere with or attempt to obstruct a Dog Controller or Peace Office who is attempting to seize or who has seized any dog in accordance with the provisions of this Bylaw; or

(ii) unlock or unlatch or otherwise open the van or vehicle which the dog seized under this Bylaw has been placed so as to allow or attempt to allow any dog to escape there from; or

(iii) remove or attempt to remove any dog from the possession of the Dog Controller or Peace Officer.

Aggressive Dogs

25. If upon information or complaint it is alleged that a dog has bitten or attempted to bite any person, the alleged dog shall be confined to a pound or approved secure kennel for period of ten (10) days from the time alleged complaint occurred.
A magistrate may make an order directing that the dog be kept by the owner or keeper under proper control or destroyed, and that a person failing to comply with the order shall be liable to a fine not exceeding $5.00 for every day during which the failure continues. When a dog is ordered to be destroyed, the magistrate may by the same order direct any person to destroy the dog. Provided that the owner or keeper of such dog not being known or not being before the Court, the Magistrate may direct any person to seize and destroy such dog. Provided further any dog suspected of having rabies shall not be killed but shall be secured and isolated for ten (10) days and the matter immediately reported to the Medical Health Officer whose instructions shall be carried out.

26. a) No person shall keep or own any aggressive dog within the town unless the aggressive dog is kept sufficiently secured so as to prevent it from endangering the safety of any person or other animal.

b) No owner of an aggressive dog shall permit or allow the dog to be on any highway or in any public place or any other place that is not owned or controlled by that person, unless the dog is secured on a leash to its owner and muzzled to prevent it from biting another animal or a human.

c) Every owner of an aggressive dog shall, at all times while the dog is on the premises owned or controlled by such person, keep the dog securely confined either indoors, or outdoors in an enclosure that is kept locked at all times except when the dog is being placed in or taken from the enclosure.

d) Every person who owns, keeps, or has custody or control of an aggressive dog shall immediately notify a Dog Controller, the Pound Keeper or a Peace Officer of the RCMP when the dog is at large.

e) Where a Dog Controller, the Pound Keeper, or a Peace Officer of the RCMP acting on behalf of the Town receives sufficient evidence that a dog by its behavior or temperament qualifies as an aggressive dog as defined in this bylaw, the Dog Controller, Pound Keeper or Peace Officer of the
RCMP mav issue a corresponding notice of designation to the owner of the dog.

f) Upon receipt of a notice under the preceding section, the dog owner shall comply with the provisions of this bylaw regarding aggressive dogs.

g) An appeal from a designation made under section e) lies to the Council or a duly authorized subcommittee of the Council whose decision is final.

Severability

27. Ifany provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the Town of Rockglen’s Dog Control Bylaw.

Bylaws Repealed and Effective Date of this Bylaw

28. Bylaw 2-09 is hereby repealed.

29. This Bylaw comes into force and effect on the date of final reading.

POUND FEES

The owner of any dog impounded shall be required to pay the appropriate pound fee and any other applicable fee or fine in order to have the dog released.

Pound fee – first offence $ 50.00 Pound fee – second and subsequent offences $100.00
PLUS the sum of $15.00 per day for each day, or fraction thereof, the dog was confined in the pound.

PLUS any costs relating to the impoundment of a licensed Veterinary Clinic or Humane Society.