A BYLAW OF THE TOWN OF MEADOW LAKE TO REGISTER, LICENSE, REGULATE, RESTRAIN AND IMPOUND DOGS CITED AS THE DOG BYLAW.
The Council of the Town of Meadow Lake, in the Province of Saskatchewan, enacts as follows:
For the purpose of this bylaw the expression:
1. ADMINISTRATOR means the Town Administrator of Meadow Lake or an employee of the Town designated by the Administrator to act on behalf of the Town.
2. COUNCIL means the Council of the Town of Meadow Lake.
3. DANGEROUS DOG shall mean:
a) any dog which has without provocation, in a vicious or menacing manner, chased or approached a person or domestic animal in an apparent attitude of attack;
b) any dog having an inclination, tendency, or disposition to attack without provocation, to cause injury or to otherwise threaten the safety of persons or domestic animals;
c) any dog which has without provocation, bitten, inflicted injury, assaulted or otherwise attacked a person or domestic animal;
d) any dog owned primarily or in part for the purpose of dog fighting or is trained for dog fighting;
e) any American Pitbull Terrier or any dog of mixed breed which is partly American Pitbull Terrier;
but shall not include:
f) any dog acting in the performance of police work;
g) any dog working as a guard dog on commercial property which is:
i) securely enclosed on the property by a fence or other barrier sufficient to prevent the escape of the dog and the entry of children of pre-school age; and
ii) defending that property against a person who is committing or attempting to commit an offence.
4. DOG shall mean and include both male and female dogs and wherever the term is used herein, it shall be construed to mean both male and female dogs except where the context precludes such reference.
5. DOG CATCHER shall mean a person designated and appointed by Council or the Administrator to check and sell dog licenses, apprehend and impound dogs running at large.
6. JUDGE means a judge of the Provincial Court of Saskatchewan, a justice of the peace or a municipal official designated as a judge in accordance with this bylaw and who are authorized to carry out the "Dangerous Dog" provisions of the Urban Municipality Act, 1984 and amendments thereto.
7. OWNER includes:
a) a person who keeps, possesses or harbours a dog;
b) the person responsible for the custody of a minor where the minor is the owner of the dog;
but does not include:
c) a veterinarian registered in accordance with The Veterinarians Act, S.S. 1987 and amendments thereto who is keeping or harbouring a dog for the prevention, diagnosis or treatment of a disease or injury;
d) the Town of Meadow Lake, its agents and employees, the Saskatchewan Society for the Prevention of Cruelty to Animals, a local society for the prevention of cruelty to animals or a humane society operation pursuant to the provisions of the Animal Protection Act, and amendments thereto with respect to an animal shelter or impoundment facility operated by any of them.
8. PROVOCATION means an act done intentionally for the purpose of provoking a dog.
9. POUNDKEEPER shall mean a person designated and appointed by Council or the Administrator to maintain a suitable accommodation (pound) for the keeping of impounded dogs.
10. RUNNING AT LARGE shall mean a dog which is off the premises of its owner and is not on a leash.
11. TOWN shall mean the Town of Meadow Lake, Saskatchewan.
12. No OWNER shall keep, possess or harbour a dangerous dog as specified in Subsection 3 of this Bylaw within the Town of Meadow Lake.
13. No person shall keep, possess or harbour any dog which is not licensed in accordance with Section III of this Bylaw.
14. No person shall keep, possess or harbour more than four dogs in one building or residence.
15. No owner shall permit any dog to be outside the boundary of any premises or lands occupied by the owner unless:
a) the dog is kept in an enclosure which confines the dog; or
b) the dog is fitted with a collar or a harness for the body that is properly placed and fitted on the dog and the movement of the dog is controlled by a person by means of a leash attached to the collar or harness on the dog; and
c) the leash is less than 1.2 metres in length and is constructed of a material having a tensile strength of at least two times the weight of the dog.
16. No owner shall permit a dog to create a disturbance by barking, howling or in any other way causing an interference with the lawful use and enjoyment of property by any other person.
17. If a dog defecates on any public or private property other than the property of its owner, the owner of the dog shall remove the defecation immediately.
18. Section 17 shall not apply to a person who owns and is physically reliant on a guide dog trained and used to assist such person.
19. An owner or occupant of private property must not allow animal feces to accumulate on the property as to create a health hazard.
20. The Dog Catcher or Administrator may personally serve an owner or occupant of private property with a notice to remove all animal feces from the property within 72 hours of service of the notice.
21. Every person who owns, possesses or harbors a dog within the Town limits, shall register and obtain a license for the said dog from the Dog Catcher or Town Office, on or before January 31st in each year, or immediately after the date of possession.
22. The Dog Catcher is authorized to register, record the registration and issue licenses in conformity with this Bylaw.
23. When applying for a license, the applicant must furnish a description of the dog including sex, color, breed and any other identification information which may be required by the Town.
24. The Town shall furnish a license tag showing the words "Meadow Lake", license number and year to the owner of the dog or applicant.
25. Every owner shall cause his/her dog to wear a collar around its neck with the license tag attached thereto.
26. The owner of any dog within the Town shall, on demand of the Administrator or Dog Catcher, show his/her license receipt or other evidence that he/she has paid the license fee provided in this Bylaw for the current year.
27. All licenses expire on December 31st of the year in which they are issued.
28. The license fee for each dog shall be $15.00. A dog owned by a sightless person and used as a guide, shall be registered and licensed as provided in this Bylaw without charge.
29. For the purpose of impounding any dog found running at large in the Town, a pound shall be established at such place as may from time to time be designated by Council as a pound.
30. The Town may appoint a Poundkeeper to carry out the provisions of this Bylaw.
31. The Town is authorized to appoint a Dog Catcher or Dog Catchers to apprehend, restrain and impound any dog or dogs running at large in the Town; to issue violation notices and to carry out additional duties in the enforcement of this Bylaw.
32. Notwithstanding the provisions of Subsection 31, any person of legal age may restrain any dog running at large in the Town and deliver the dog restrained to the Dog Catcher. Such person shall provide a statement in writing, describing the dog restrained, the name of the owner if known, and the time and place of restraint.
33. The Poundkeeper shall keep a record of all dogs impounded and of the date, time and disposal.
34. Each dog impounded under the authority of this Bylaw shall be kept by the Poundkeeper in the Town pound for at least seventy-two (72) hours.
V. RELEASE OF IMPOUNDED DOGS:
35. All dogs impounded in the dog pound shall be confined therein for a period of seventy-two (72) hours from the time of capture, excluding Saturdays, Sundays and Statutory holidays, during which time the owner shall have the right to claim and repossess the dog upon paying all outstanding fees at the Town Office.
36. For the purpose of Subsection 35 above, the daily charge for housing, feeding and watering a dog while in the pound, is seven ($7.00) dollars per day. The impounding fees are as follows:
(a) for the first time a dog is impounded, the fee shall be twenty-five ($25.00) dollars.
(b) for the second time the dog is impounded, the fee shall be fifty ($50.00) dollars.
(c) for the third and each consecutive time the dog is impounded, the fee shall be one hundred ($100.00) dollars.
VI. DISPOSAL OF DOGS SUSPECTED OF HAVING RABIES:
37. (a) Any dog suspected of having rabies shall not be killed but shall be secured and isolated for seven (7) days and the matter immediately reported to the Medical Health Officer for the Town.
(b) Where, in the opinion of the Medical Health Officer, rabies infection has reached proportions where mass vaccination is indicated, every person who owns, harbors or possesses a dog within the Town, shall cause such dog to be inoculated against rabies.
(c) A certificate issued by a qualified veterinarian certifying that a dog has been inoculated against rabies shall be prima facie evidence that such animal has been inoculated.
VII. DISPOSAL OF UNCLAIMED DOGS:
38. In case a dog is impounded and is not claimed within seventy-two (72) hours as here before mentioned in Subsection 34 , the dog may be disposed of without further notice in the following manner:
(a) Disposal by adoption to a nonresident, S.P.C.A. or the College of Veterinary Science, University of Saskatchewan.
(b) Disposal by euthanasia.
39. (a) Where any person has committed or alleged to have committed a breach of the provisions of subsection 13, 14 and 15 of this Bylaw, it shall not be necessary for the Dog Catcher to catch the dog, but the Dog Catcher may serve on such person a summons. Such person may pay to the Town at the Town Office,
during regular business hours, a penalty as follows:
(1) for a first infraction, the sum of twenty-five ($25.00) dollars.
(2) for a second infraction, the sum of fifty ($50.00) dollars.
(3) for a third and each consecutive infraction, the sum of one hundred ($100.00) dollars.
(b) Payment must be made within ninety-six (96) hours from the service of the said ticket. If payment is made within such time and accepted, the person shall not be liable to prosecution for the offense.
(c) Service of such ticket shall be made by mailing by registered mail or personal service upon such person.
(d) If the person who has committed or alleged to have committed a breach of Subsections 13, 14 or 15 of this Bylaw, fails to pay the specified penalty within the provisions of subsection (b) of this section, then the provisions of this section shall no longer apply and the person shall be liable to prosecution for the offense in the ordinary way, providing that nothing in this section shall prevent any person served with such ticket from exercising his/her right to defend any of the particularized offenses.
40. The following municipal officials are hereby designated to be judges in accordance with this bylaw and are authorized to carry out the "Dangerous Dog" provisions of The Urban Municipality Act, 1984:
a) the Dog Catcher;
b) the Pound keeper; and
c) the Administrator.
41. Any complaint that any person has committed or is alleged to have committed a breach of any of the provisions of this bylaw or a complaint that a dog is dangerous may be made to a judge.
42. If upon information of complaint, it is alleged that a dog has bitten or attempted to bite any person, the matter will be dealt with as set out in the Urban Municipality Act.
43. Any person convicted of a breach of the provisions of this Bylaw, except for a breach of Subsections 13, 14 and 15 shall be subject to the penalty set out in the General Penalty Bylaw of the Town of Meadow Lake and amendments thereto.
44. Bylaw No. 2/98 is hereby repealed.
45. This Bylaw shall come into force on the date of its final reading and passing.
Introduced and read a first time this 12th day of February, 2001.
Read a second time this 26th day of February, 2001.
Read a third time this 12th day of March, 2001.