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Animal Control Regulations

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1. Title
These Regulations may be cited as the Town of Paradise Animal Control Regulations, 2013.
2. Interpretation
In these Regulations,  unless  the context  otherwise requires:
  • a) "Act" means the Municipalities Act, 1999, SNL 1999 Chapter M-24 as amended.
  • b) "Animal" means any non-human vertebrate, including but not limited to any mammal, bird, reptile or amphibian including a Dog or Cat.
  • c) "Cat" means a non-feral or feral cat regardless of age or sex.
  • d)  "Council" means the Town Council of the Town of Paradise.
  • e) "Dog" means any dog, male or female  and  includes  an  Animal  which  is  a cross between  a dog and a wolf.
  • f) "Dwelling" is a house or building, or portion of a house or building, which is occupied in whole or in part, as the home, residence, or sleeping place of one (1) or more persons.
  • g) "Enforcement Authority" means Council or its authorized administrator.
  • h) "lmpounder" means any person appointed by the Town who is responsible for carrying out the provisions of the Town of Paradise and this Regulation with respect to the seizure and impounding of Animals.
  • i) "Kennel" means an establishment for the keeping, breeding or  boarding  of Dogs for commercial purposes, including overnight boarding services.
  • j) "Kitten" means a Cat not more than three (3) months in age.
  • k) "Licence" means a numbered tag issued by  the  Town  in  accordance  with these Regulations.
  • l) "Nuisance" means any obnoxious substances, Animal waste or  unsanitary matter or noise that has an unpleasant effect on the senses.
  • m) "Owner" includes any person who has  custody,  charge, possession  or control of an Animal of any kind or who is the  owner  of  any  house,  Dwelling, building or premises or part thereof, or  tenant  of  any  house,  building, Dwelling or premises or part  thereof,  where  any  Animal  is kept  or permitted to live or remain.
  • n) "Park" or "Parkland" means any land owned by or under the direct control and management of the Town which is designated or used for a park  or recreation purpose.
  • o) "Private Land" for the purpose of this Regulation means all land within the Town boundaries which is not owned or under the direct control  and management of the Town and includes all lands of Her Majesty the Queen in right of Canada or of the Province and their respective agencies.
  • p) "Public Open Space" means all lands owned  by  or under  the direct  control and management of the Town other than a Park or Parkland or Street.
  • q) "Puppy" means a Dog not more than three (3) months in age.
  • r) "Regulations" means the Town of Paradise Animal Control Regulations, 2013.
  • s) "SPCA" means the corporation known as The Society for the Prevention of Cruelty to Animals (Newfoundland and Labrador).
  • t) "Street" means any highway, bridge, road, lane, footway, square, court, alley, passage, cave or firebreak whether used as a  thoroughfare  or  not  and  a highway as defined in the Highway Traffic Act, RSNL 1990 c.  H-3,  and includes sidewalks.
  • u)  "Town" means  the Town of Paradise.
3. Licences
  • a) No person shall keep any Dog, except for a Puppy, within the Town unless a Licence has been issued by the Town for such Dog.
  • b) The burden of proving that a Dog is under the age of three (3) months shall be upon the Owner of the Dog.
  • c) A Licence issued by the Town is good for the life of the Dog.
  • d) The Owner shall advise the Town of any changes in licensing information including, but not limited to, change of ownership, address or phone number.
  • e) The Town shall keep a register of all Dogs registered pursuant to these Regulations.
4. Responsibility of Owner
  • a) It shall be the duty of the Owner of every Dog to:
    • i) Ensure that it is safely tethered or penned up at all times unless otherwise exempted by law;
    • ii) See that the same is under effective control by means of a leash or other device approved by Council when off the Owner's premises;
    • iii) To ensure that their Dog does not become a Nuisance to persons in any neighbourhood by reason of barking, or howling.
  • b) No person shall keep or permit to  be kept  on any land  or  in  any building in any area of the Town designated as a residential or apartment zone more than three Dogs at any one time, except under the following conditions:
    • i) Newborn puppies;
    • ii) Issuance of a special permit by Council to allow;
      • 1.     A licenced  Kennel  operation, or
      • 11.     Unregistered  breeders  complying with  SPCA standards;
      • 111. Owners with more than three  Dogs  that  comply  with SPCA standards and approval  of Council.
  • c) Any Dog or other Animal which is not under the control  of  its  Owner and which is found damaging or destroying  or fouling  with  excrement  any public or private property may be seized by the property owner, it's agent or person injuriously affected and held for collection by the Impounder.
  • d) Any Dog or other Animal which is not under the care and control of its Owner and which is found destroying garbage containers or garbage bags may be seized and as well, the Owner is subject to fees as stated in Section 9 of these Regulations and the Owner will also be liable for any costs incurred by the property owner to clean and restore the site to original appearance.
  • e) Every Owner of a Dog present with the Dog at the time when the Dog fouls with excrement any property (including Town Parkland, Public Open Spaces, Streets and sidewalks, and private land other than land of  the  Owner  of the Dog) shall forthwith remove the excrement. Every Owner who contravenes this Section is guilty of an offence, and in addition to any other penalties imposed by these Regulations, is subject to being denied access to any Park or Parkland.
5. Keeping of Animals
  • a) Except where provided for in the Town of Paradise Development Regulations:
    • i) No person shall keep in any Dwelling or part thereof  in  the  Town any horse, cow, calf, swine, sheep, goat, fowl, goose or duck; and
    • ii) No person shall keep any Animal of any kind on any land  or  in  any building in the Town without the written permission of the Town. Small domestic pets such as songbirds, guinea pigs, hamsters and others that are considered to be household pets by the Enforcement Authority are exempt from this policy. The  Town  may  by  resolution exempt any species, classes, types or categories of Animals generally.
  • b) Without limiting the generality of the foregoing, the  Town  may  refuse  to permit the keeping of any Animal which it considers offensive  or  likely to create a public Nuisance or health hazard or is perceived as causing a threat to public safety.
6. Animal Bites
If any Dog or other Animal shall bite any person other than its Owner or a member of the Owner's household and while not on the Owner's premises, such Dog or Animal shall be deemed to be a Nuisance and the Owner thereof shall be deemed to have committed  an offence in terms of this Regulation.
7. Nuisance
If any Dog or other Animal shall make any noise in such manner as to disturb the peace or to constitute any annoyance to the residents in the neighbourhood, particularly, without limiting the generality of the foregoing, any Animal barking or howling is deemed a Nuisance and the Owner thereof shall be deemed to have committed an offence in terms of these Regulations.
8. Seizing and Impounding
  • a) It shall be the duty of the Impounder, who shall have power:
    • i) To seize and impound any Dogs, horses, homed cattle, sheep and swine or other Animals which may be found straying or at large or causing a Nuisance, in any Street or public place or Park of the Town, or in any open field or common from which free access can be had thereto, and to enter any premises for the purpose of causing a Nuisance as aforesaid or recapturing any such Animal which may escape from his control using any methods of capture;
    • ii) To deal with Animals impounded according to the following rules:
      • i. Any Animal that has been seized by the Impounder and is in his opinion so diseased or injured or is in such physical condition that it ought to be destroyed shall be immediately destroyed.
      • ii. When an Animal has been impounded, the Impounder shall make a record of such impounding in a book to be kept for that purpose. The Council may then but shall not be bound to advertise that such Animal has been impounded.
      • iii. The Owner may recover the Animal impounded on such proof of his ownership of the Animal as the Impounder may require and upon payment of the impounding fees and expenses together with the registration fee for the current year if unpaid.
      • iv. The Impounder shall keep any unclaimed Animal in the pound  for a mm1mum of 5 days; or as determined by the Impounder's discretion.
  • b) Where any person is authorized to destroy any Animal under these Regulations he/she shall do so in a manner as humanely as possible.
  • c) Where an injured Animal is seized and impounded and is treated by a veterinarian to minimize pain and distress, the Town shall, in addition to any impound fees, be entitled to charge the Owner the costs of the treatment. The cost of such veterinarian treatment shall be recoverable from the Owner before the Animal is released to the Owner. In the event the Owner does not claim the Animal, the amount payable to Council may be recovered from the Owner as a civil debt and shall attach to the property as a secured claim.
9. Seizing and Impounding Fees
a) The following seizing and impounding fees shall be paid by the Owner of an Animal seized or impounded:
  • i) First offence - $50.00
  • ii) Second offence - $100.00
  • iii) Third and subsequent offences - $150.00
  • iv) Boarding fees - $10.00 per day
10. Enforcement
  • a) Prosecution under these Regulations may be taken summarily by any Police Officer, including a Municipal Enforcement Officer or by any other person authorized by Council.
  • b) Pursuant to Section 401 (1) of the Act, the Enforcement Authority may serve upon the Owner or any other person in violation of a provision of these Regulations, a serially numbered notice advertising the nature of the violation and required action to conform to the standards as set out in these Regulations.
  • c) The Owner shall carry out the directions  of  the  Enforcement  Authority referred to in Section  10 (b) at the cost of the Owner within the time  specified. A failure to do so shall constitute an offence under these Regulations.
  • d) Every person requested by the Impounder, or  any  person  authorized  by Council to enforce these Regulations shall upon request, forthwith give his/her proper name and address.
11. Right of Entry
Pursuant to Section 51 of the Urban and Rural Planning Act, 2000, without restricting the powers of the Impounder, any person charged with the enforcement of this Regulation which includes, without  limiting  the  generality  of  the foregoing, any staff of the Town or members of The Royal Newfoundland Constabulary or Royal Canadian Mounted Police, shall have  the  power  to enter upon all lands private or public and  into  all buildings  for the purpose  of carrying out the provisions  of these Regulations.
12. Failure to Comply
  • a) Pursuant to Section 404 (5) of the Act, where a person to whom an order is directed does not comply with the order or part  of  an  order  made  under Section 10 (b) of these Regulations, Council may take the  action  that  it considers necessary to carry out the terms of the order and any costs, expenses or charges incurred by Council in carrying out the term of the order are recoverable from the person against whom the order was made as a civil debt owed to Council and shall attach to the property as a secured claim.
  • b) Council may delegate to an official or employee of Council the power to issue orders under this Section.
  • c) Council, its employees, servants or agents shall be saved harmless from any and all claims arising out of the action of Council, its employees, servants or agents in the process of inspecting and/or carrying out work under these Regulations, except in the case of gross negligence.
13. Penalties
  • a) Pursuant to Section 419 (2) of the Act, each day upon which the same offence is committed or continued is a separate offence;
  • b) Every person who is guilty of an offence under these Regulations or who acts in contravention of or fails to comply with any provision thereof, or neglects or refuses to do so:
    • i) Shall be liable to penalties as stipulated in accordance with Section 420 of the Municipalities Act 1999;
    • ii) Shall be subject to a violation notice issued under Section 421.1 (1) of the
    • Municipalities Act,  1999; or
    • iii) Shall be issued a ticket under the Provincial Offenses Act in accordance with Section 421.2 of the Municipalities Act, 1999.
14. Coming Into Effect
These Regulations shall come into effect on the 25th day of October, 2013 A.D.
15. Publication
A notice of these Regulations was published in The Shoreline newspaper on the 17th day of October, 2013 A.D. and was Gazetted on the 25th  day of October, 2013 A.D.
16. Copy to Minister
A copy of these Regulations were sent to the Minister of Municipal Affairs on the 15th day of October, 2013 A.D.
17. Repeal of Previous Regulations and Amendments
All previous Town of Paradise Animal Control Regulations and amendments are repealed.