Town of Clark's Harbour :  Dog Control

TOWN OF CLARK’S HARBOUR

BY-LAW 17

DOG CONTROL

Interpretation

BE IT RESOLVED by the Town of Clark’s Harbour that Dog Control By-Law 17, passed by the Town of Clark’s Harbour on the 2^nd day of December, 2020 and filed with the minister of Municipal Affairs and housing pursuant to Section 169(3) of the Municipal Government Act on the 21st day of May, 2021, is hereby repealed and the following By- Law is enacted in its place and that the Town Clerk file a true Copy of this By- law with the Minister of Services Nova Scotia and Municipal Relations.

1. This By-Law is entitled the “Dog By-Law”

Definitions

2. In this By-Law:

(1) “destroy” means euthanize

(2) “dog” means any dog, male or female, or any animal that is the result of

the breeding of a dog with any other animal;

(3) “domestic animal” includes pets and farm animals;

(4) “extraordinary expense” means any expense incurred buy Town Staff in

Relation to a dog except for provision of food and shelter;

(5) “fierce or dangerous dog” has the meaning stipulated in s. 18 of this

By Law;

(6) “mitigating factor” means a circumstance which excuses the aggressive

Behaviour of a dog where:

(i) the dog, at the time of the aggressive behaviour, attached or injured

any trespasser on property occupied by its owner;

(ii) the dog immediately prior to the aggressive behaviour, was being

Abused or tormented by the person attacked or injured;

(7) “Town Staff” means the Town’s By-Law Enforcement Officer or a person

appointed by the Town Clerk or Council to act on the Town’s behalf for

the purposes of this By-Law, and includes the Pound Keeper;

(8) “owner” of a dog includes any person who possesses or harbours a dog;

(9) “wolf-dog hybrid” means any animal which results from the breeding of a

Dog and a wolf or that is or has been advertised or held out for sale as

such;

Registrations

3. The owner of any dog must register the dog with the Clerk by paying a one time fee of

$10.00. Upon receipt of the $10.00, the Clerk shall issue a tag to the owner. The Town

Shall issue a replacement tag at a cost of $5.00, should it be requested by the owner.

Dog Control and Pound

4. Town Staff shall be responsible for the enforcement of this By-Law.

5. Council shall appoint a Pound Keeper who shall:

(1) collect on behalf of the Town any Impounding Fees, Daily Pound Fees

and any other additional charges or fees as are authorized in this By-Law

and as may be set by resolution of Council;

(2) be responsible for the operation of the pound;

(3) provide adequate food and water to impounded dogs;

(4) keep the pound in a reasonable state of cleanliness;

(5) keep the pound premises neat and tidy in appearance.

Dogs Running at Large

6. Any dog which is off the premises occupied by the owner without being under the

continuous restraint and control of some person is deemed to be running at large

for the purposes of this By-Law. A dog which is tethered on a tether of sufficient

length to permit the dog to leave the property boundaries of the premises occupied by

the owner is deemed to be running at large.

7. The owner of a dog shall, while the dog is off the premises occupied by the owner, keep

the dog under control by means of a harness or leash, and the dog shall be deemed

to be running at large where the owner fails to use such apparatus, except that an

unleashed and unharnessed dog that is under continuous effective human restraint and

control shall not be deemed to be running at large. When using Town trails and

sidewalks, dogs must be on a leash, at all times, held by a person able to control the dog.

Fierce or Dangerous Dogs

8. For the purpose of this By-Law a dog that is fierce or dangerous means any dog:

(1) that is a wolf-dog hybrid;

(2) that, in the absence of a mitigating factor as defined herein, has attacked

or in injured a person;

(3) that, in the absence of a mitigating factor as defined herein, has injured a

domestic animal;

(4) that, in the absence of a mitigating factor as defined herein, when either

unmuzzled or unleashed, in a vicious or terrorizing manner, approaches

any person in an apparent attitude of attack upon streets, sidewalks,

any public grounds or places, or on private property other than the

property of the owner.

(5) owned or harboured in whole or in part for the purpose of dog fighting; or

(6) trained for dog fighting; provided that no dog shall be deemed fierce or

dangerous if it is a professionally trained and dog while lawfully engaged for law enforcement.

Dog Attacks

9. The owner of a fierce or dangerous dog or a dog which attacks any person or other

animal is guilty of an offence.

10. This section shall not apply to a dog acting in furtherance of law enforcement work at the time of the attack.

11. Where an Enforcement Officer has reason to believe that a dog has attacked a human

being or animal the Enforcement Officer may take any one of combination of the

following actions:

(1) issue the owner to muzzle the dog, which order shall specify the times

And circumstances when the dog must be muzzled;

(2) issue the owner an order to secure a microchip registration for the dog;

Or

(3) subject to Section 18, designate the dog as a fierce or dangerous dog.

12.
The owner of a dog designated a fierce or dangerous dog pursuant to Section 8 shall:

(1) when the dog is on the property of its owner, keep the dog securely

restrained either indoors or inside an escape-proof enclosure while

outdoors; and

(2) when the dog is off the property of its owner,

i. muzzle the dog;

ii. ensure that the dog is under the control of a person not

less than eighteen (18) years of age;

iii. ensure the dog is on a leash; or

iv. is securely restrained indoors or inside an escape-proof

enclosure, including a motor vehicle.

Responsibilities of Owners

13. Every owner of a dog:

(1) whose dog runs at large;

(2) whose dog persistently disturbs the quiet of the neighbourhood by barking,

howling or otherwise;

(3) who neglects or refuses to provide a written statement required by the By-

Law;

(4) who harbours, keeps, or has under care, control or direction a dog that is

fierce or dangerous;

(5) who fails to remove the feces of a dog, other than a dog that is trained to

assist and is assisting a person with a disability, from public property or

private property other than the owners;

(6) whose dog is not wearing a tag as required by this By-Law;

(7) whose dog is not registered pursuant to this By-Law

(8) who permits his or her dog to enter or remain on a school ground, play-

ground, sport field, or any other area where dogs are prohibited by posted

signs;

(9) who keeps a dog in an unsanitary condition;

is in contravention of this By-Law.

Impounding

14. Town Staff may, without notice to or complaint against the owner, impound any dog

that:

(1) runs at large contrary to this By-Law

(2) is fierce or dangerous;

(3) is rabid or appears to be rabid or exhibits symptoms of canine madness; or

(4) persistently disturbs the quiet of the neighborhood by barking, howling or

otherwise.

15. An impounding fee of $25.00 and a daily pound fee of $10.00 shall be payable by any

person seeking to redeem an impounded dog.

16. Except in the case where a dog is impounded for being fierce or dangerous, or is rabid

or exhibits symptoms of canine madness, the owner of a dog which has been impounded, upon proof of ownership of the dog, may redeem the dog after payment to the Pound Keeper, or making arrangement for payment satisfactory to the Pound

Keeper, of the impounding fee and daily pound fee(s), along with reimbursement for any extraordinary expenses incurred by the Town Staff in relation to the dog.

17. Any dog which has not been redeemed by its owner at the expiry of a period of 72 hours

after being impounded may be given away, sold or euthanized by the Pound Keeper

and, if sold, the proceeds shall belong to the Town.

18. Whenever the 72 hours of impounding time expires on a weekend, the Pound Keeper

shall hold such dog until the expiry of the fist business day following the weekend to permit the owner to redeem the dog.

Notice

19. Upon any dog being impounded the Pound Keeper shall make at least one attempt to contact the owner of the dog if ownership can be reasonably determined. Provided however that if a dog is missing, the onus in on the owner of the dog to ascertain within the time period provided for the impounding under this By-Law, whether the dog has been impounded, and neither the Pound Keeper not the Town shall incur liability in the event of failure to give notice to the owner, if the owner has not made inquiry of the Pound Keeper to determine whether the dog was impounded.

Destroying

20. Town Staff may, without notice to or complaint against the owner, destroy on sight or

after capture any dog that:

(1) is fierce or dangerous;

(2) is rabid or appears to be rabid or exhibits symptoms of canine madness;

(3) is sick or injured such that is requires a veterinarian or would cause undue distress to the animal or costs to treat would be excessive to the Town.

21. Town Staff may, euthanize on sight any dog that is running at large and which he or she

believes, on reasonable and probable grounds, to pose a danger to a person or a domestic animal or to property of persons other than the owner.

Clerk’s Annotation For Official By-Law Book

Date of First Reading – April 05, 2023

Date of Advertisement of Notice of Intent to Consider – April 18, 2023

Date of Second Reading – May 03, 2023

Date of Advertisement of Passage of By-Law – May 10, 2023

Date of mailing to minister a Certified Copy of By-Law – May 15, 2023

I certify that this Dog Control By-Law was adopted by the Clark’s Harbour Town Council and published as indicated above.