HomeMy WebLinkAbout76-54
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THE CORPORATION OF THE
o ~MENDEO bY
~Y'l.AW #.7.1:.9.1~
AMENDED BY
BY.LAW #1.1.:.9.1.a
TO\'/N OF NEWCASTLE
By-law Noo 76-5"1
M1ENDEO BY
BY.U,W #:1~::.~~
:Being a. by-law to provide for the lioensing and
registration of dogs and for regula.ting the rll1l1'\ing
at large of dogs 0
'WHEREAS Council deems it desirable to provide for the licensing and
registration of dogs, for imposing a. license fee on the owner thereof
and generally for regulating the running at large of dogs.
NOW TEEREFORE the Council of the Corporation of The Town of Newoastle,
pursuant to the authority granted by Seotion 354, s.s. 1 and 2 of the
Munioipal Act R.SoOo 1970, Chapter 284 and Amendments thereto and by
the Dog Licensing and Live Stock and Poultry Protection Amendment Act,
1975, hereby ENACTS as follows:
1. DEFINITIONS
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
"dog" means a male or female dogo
"Owner" of a. dog includes any person who possesses or harbours
a dog and "owns" or "owned" have a correspondiDg meaning.
"running at large" a dog shall be deemed to be running at
large when found in any pla.ce other than the premises of the
owner of the dog and not under the control of any persono
"sps\yed female II means a female dog ,,,hich has been operated
onb,. a licensed veterinarian to prevent conceptiono
"pure-bred" means-
(1) registered or eligible for registration in the register
of the Canadian Kennel Club, Incorporated, or
(2) of a. class designated as pure-bred in the regulations.
"regulations" means the regulations made under the Dog
Licensing and Live Stock and Poultry Protection Amendment
Act, 19750
''Dog Control Officer" means the person appointed by the Town
Nel'Tca.stle Councilor a Committee thereof to enforce the
provisions of this By-law and shall include a:ny Assistant
Dog Control Officero
2. RESPONSIBILITIES OF TEE OWNER
(i)
The O\'mer of every dog whioh is habitually kept wi thin the
boundaries of The TOl'm of Newcastle, sha.ll each year, pq
to the Town of Newcastle a license fee in acoordance with the
provisions of Schedule "A" attached hereto and forming part
of this by-law 0
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(11) Every person who owns a dog shall, at the time of pqing
to the Town of Newoastle the licenoe fee requixed by this
by-law, register the said dog by !'1l:M'liB}1ing, to the person
to whom the lioenoe fee is paid, the following information.
(a) the l1LlDe and address of the owner of the dog,
(b) the name and desoription of the dog to be registered,
(0) suoh other information as IIlB\V be requixed by the issuer
of lioenoes.
(iii) No person shaJ.I keep or maintain azry dog in The Town of
Newoastle unless suoh dog has been lioensed and registered
under the provisions of this by-law and has on a oollar to
whioh is affixed a dog tag issued for the current year for
the said dog.
(iv) The owner shaJ.I keep the tag seourely fixed on the dog at
all times until the tag is renewed or replaoed, save and
exoepting that the tag IIlB\V be removed while the dog is being
lawfully used for hunting deer in the busho
(v)
The owner of a dog whioh has been duly lioensed and registered
under this by-law ID.a\Y" obtain a dog tag to replace a dog tag
whioh has been lost, upon payment of a fee as prescribed 1n
Sohedule "A II 0
(vi) No person shaJ.l permit a dog Olffied by him to run at large,
at azry time, in The Town of Newoastleo
(vii) No person shall allow his dog to beoome a nuisance nor permit
it to ho'\-11 or bark exoessivelyo l1ny person so aggrieved ID.a\Y"
a.ppear before a. Justioe of the Peace and swear out an information
oharging the owner with a breach of this seotion.
3. LICENSES
(i) The lioense fee shaJ.l be paid at suoh places and to such persons
as shall be determined by Resolution of the Counoil of the
Corporation of The Town of Newoastle, and suoh persons so
determined shaJ.l be issuer of lioenses for the purpose of
this by-law 0
(i1) The lioense fee paid under this seotion shall be applied on1y
to the dog respeoting whioh the fee is paid, and the dog tag
issued shaJ.I not be transferable and shall not be used for
or affixed to azry other than the dog for whom it was issued.
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(iii) The issuer of lioenses, upon ~ent of the proper lioense fee,
shall furnish to the owner of every dog except as provided in
Section 3, so s 0 (i v) a tag bearing a seriaJ. number and the yea:r
in whioh it was issued and the said issuer of licenses shall also
issue to the owner of a dog so licenced, a reoeipt for the lioense
fee so paido
(iv) Each pure-bred dog in a lioensed kennel may be registered and. the
issuer of licenses may issue a dog tag for each dog in the kennel
upon payment by the o'\mer of a fee as provided in Schedule "A"
seotion 4(1)0
(v) The issuer of lioenses shall keep, or oause to be kept, a book in
whioh shall be reoorded the name and address of the owner of every
dog registered and licensed under this by-law, the date of registration
and the seriaJ. number of the dog tag issued.
(vi) The issuer of licenses shall keep, or cause to be kept, oomplete
and acourate records of all revenue reoeived from the sale of
licenses, pound fees, the sale of dogs or from any other souroe
and to remit , or oause to be remitted, the revenue from same to
the Treasurer of The Town of Newcastle 0
. (vii) Lioenses shall expire on the thirty-first da\y' of Deoember of the
yea:r for which it was issued.
4. DOG CONTROL OFFICER
(i) The Counoil of The Town of Newoastle, a Cormnittee thereof or any
other person appointed by Resolution of Counoil, shall direot and.
supervise the work of the Dog Control Offioer and to presoribe the
manner in whioh his duties are to be performed.
(ii) An:y person shall be entitled to take oharge of any dog found running
at large and deliver the same to the Dog Control Offioer.
(1ii) The Dog Control Offioer may seize and impound any dog or doga found
running at large wi thin the limits of The Town of Newoastle or any
dog found without a tag contrary to the provisions of this by-law.
Any dog so impounded shall be fed and. watered for a periOd of not
less than three (3) da\y's, exoluding the d~ on whioh the dog was
impounded and exoluding the days tha.t the pound is olosed and if
not redeemed at the expiration of the three (3) da\y' period, 1ll8\V,
be sold or destroyed in acoordanoe with the requirements of Seotion
24 of the Animals for Researoh Aot, RoSoOo, 1970, Chapter 22,
however, nothing in this seotion shall prevent the Dog Control Offioer
from destroying an a.nimaJ., whioh is ill or injured and where in the
opinion of the Dog Control Offioer it is inoapable of being cured,
pursuant to Subseotion 7 of Seotion 24 of The .Ani.maJ.s for Researoh
Act.
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(iv)
Dogs that are destroyed at the end of the threE (3) day period shall
be disposed of in such a manner as Council may, from time to time,
by resolution direct.
(v)
The Dog Control Officer of the Town of Newcastle shall within
twenty-four (24) hours from the seizure of any dog bearing a tag,
or within twenty-four (24) hours from the time any dog bearing a
tag, is taken into the dog pound, when possible, notify the owner
that the dog is impounded and the conditions whereby he may regain
custody of the dog.
(vi)
The owner of an impounded dog shall, upon application and proof of
ownership, be entitled to regain custody of the dog, subject to
payment of the pound fees as set forth in Schedule "A".
(vii)
No dog shall be returned to the owner unless it has been licensed
in accordance with the provisions of this by-law, and any owner of
a dog without a tag and any purchaser of a dog shall obtain a tag
for the current year before delivery is made.
(viii)
The fee for picking up a dog at the request of an owner and disposing
of or selling same through the services of the Dog Control Officer
shall be in accordance with the provisions of Schedule "A".
PENALTIES
(i) Every person who contravenes any of the provisions of this By-law
is guilty of an offence and upon conviction is liable to a penalty
of not less than Ten Dollars ($10.00) and not more than Fifty Dollars
($50.00) exclusive of costs for each offence.
(ii) Notwithstanding any other provisions of this By-law, any person
who has been served with a summons issued pursuant to this By-law
charging that he was the owner of a dog running at large, contrary
to the provisions of this by-law, may, where the summons specifi~s
that a payment out of court may be made, present the summonS and
submit payment in the amount of Ten Dollars ($10.00) plus court costs,
at the Provincial Court Office at the address appearing on the summons
excluding Saturdays, Sundays and holidays, and if such amount be paid
out of court, no further proceedings shall be taken under this by-law
in respect of the offence alleged in the summons.
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(iii)
6. ENACTMENT
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Notwithstanding any other provisions of this by-lawt any person
who has been served with a summons issued pursuant to this
by-law charging that he was the owner of a dog and failed
to obtain a licence as reqvired by the provisions of this by-law,
may, where the summons specified that a payment out-of-court may be
made, present the summons and submit payment in the amount of Ten Dollars
($10.00) plus court costs, at the Provincial Court Office at the address
appearing on the summons within ten (10) days from the date of issue of the
summons excluding Saturdays, Sundays and holidays, and if such amount be
so paid out-of-court, no further proceedings shall be taken under this
by-law in respect of the offence alleged in the summons.
(i) The following by-laws are hereby repealed:-
(ii)
(iii)
By-law No. 74-29,passed on the 18th day of February, 1974,
By-law No. 74-51, passed on the 2lst day of May, 1974,
By-law No. 75-28, passed on the 21st day of April, 1975,
By-law No. 75-68, passed on the 2nd day of September, 1975,
By-law No. 76-3, passed on the 19th day of January, 1975,
By-law No. 76-4, passed on the 16th day of February, 1976,
By-law No. 76-40, passed on the 5th day of July, 1976.
The provisions of this By-law shall be read mutatis mutandis
with the terms and conditions of any resolution, agreement
or by-law enacted by the Council of the Town of Newcastle in
respect of location of kennels, the keeping of pounds and the
appointment of a Poundkeeper and a Dog Control Officer.
This BJ-Iaw shall cJme into force and take effect upon the date
of the final reading thereof.
Read a first and second time this 20th day of September, 1976.
Read a third time and finally passed this 2rth day of September, 1976.
SEAL
G. B. Rickard
Mayor
J. M. McIlroy
Clerk.
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SCHEDULE "A"
to
BY-LAW MOo 76-SLf.
SECTION (1)
Licenses shall be obtained on or before the fifteenth (15) day of
Janua.ry in each yea:r:, except as provided for in section 2.
SECTION (2)
Every person who becomes the owner of a dog after the fifteenth (15th)
dB\Y' of Janua.ry in each yea:r: shall register the same and pay the license
fee therefore, provided in Section 3, wi thin fifteen days after becoming
the owner of such dog 0
SECTImr (3)
LICENSE :mE
~ (i) For the first, seoond and third dog 00..000000.00...0...00.0$10.00 each
(ii) For the fourth and eaoh additional dog 00...0000.000.000.0..$50.00 each
(iii) Kennel of pure-bred dogs registered in
the Canadian Kennel Club, Inoorporated ..00.0.0..00.0.0.0..0$25.00
(iv) The holder of a kennel license shall not
be liable to pay, in respect of such pure-
bred dogs, any license fee under Section 3,
SoSo (i)(ii)o
SECTION (4)
DOG TAGS
(i) For dogs in a lioensed kennel 0.0.00..000..000.00..00...00.
.50~ each
.259S eo.eh
(ii) Replacement tog 00.000.0.00.00.0.00.0....0.0.0..000.00...0.
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SEC~ION (5)
SERVICES OF DOG CONTROL OFFICER
(i) For picking up a dog, at the request of the owner,
and disposing of or selling same through the
services of the Control Officer .000000.00..00000.0.0 $8.00
(ii) For disposing of or selling a. dog brought to
the Pound ........................................... $4.00 each
(iii) Rega.1n custody of an impounded dog,
For the first day or part thereof ....00000000.0.0 0 .~;5000
Each a.dditional day or part thereof ...00.......... $3.00
Fee for veterinary services incurred
for treatment ordered by the Dog
Control Officer ..00..0.0..000..000..00.0000.000.. Total
This ScheduJ.e HAil
to By-law Moo 76-5~, pessed
the ..~.P.. da.y of . .;q.r:e:.-; !.~";- '19760
C6/?"CKA~P~ $.-~...,.y
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