M.D. of Provost #52

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1. TITLE
   1. This bylaw shall be known as the "Animal Control Bylaw".
2. DEFINITIONS
   1. "Hamlet" means: The Hamlets of Bodo, Hayter, Metiskow and Rosyth.
   2. "Lake" means: Capt. Ayre Lake and Shorncliffe Lake.
   3. "Animal Control Officer" means: A person engaged by the M.D. of Provost #52 to carry out the provisions of this Bylaw.
   4. "Run at Large" means: To permit an animal to be off the premises of its owner and not under his immediate, continuous and effective control. Without restricting the generality of the foregoing, an animal shall be deemed to run at large when it is found on any highway, park, school ground or any other public owned property within a hamlet or lake, or is on any private property or in a private premises without the permission of the owner or occupant thereof.
   5. "Owner" means: a person who has legal title to an animal, and also includes any person who has possession or custody of an animal, or harbors an animal, or permits the animal to remain on his property.
   6. "Pound" means: A place designated by resolution of the M.D. Council as a place where animals may be placed and kept.
   7. "Pound Keeper" means: Any person, firm, or corporation appointed by resolution of the M.D. Council as keeper of the pound.
   8. "Public Building" means and includes: Any public building in a hamlet or at Capt. Ayre Lake or Shorncliffe Lake.
   9. "Livestock" means and includes: Any horses, cattle, sheep, swine, donkeys, goats, buffalo, elk, llama and fur bearing animals raised in captivity.
   10. "Poultry" means and includes: chickens, turkeys, geese, pigeons, ducks and ornamental birds.
   11. "Domestic Animal" means and includes: any dog, cat, or any animal reclaimed from a wild state and adapted to live with man, not including "Livestock" and "Poultry" as defined herein.
   12. "Dog" means: either a male or female dog, spayed or neutered or bitch or male intact.
   13. "M.D. Council" means: the Council of the Municipal District of Provost #52.
3. Regulations
   1. No person, being the owner of a dog, shall allow such dog to run at large.
   2. No person, being the owner of a dog, shall permit such dog:
      1. to attack any person or domestic animal
      2. to cause damage to a person or property
      3. to create a disturbance by barking
      4. to molest or annoy any person
      5. to upset any garbage container
   3. No person shall permit or allow a dog to be on the beach area or in a public building.
   4. No person being the owner of the dog shall allow such dog to bite any person or domestic animal.
   5. No person shall untie, loosen or otherwise free a domestic animal that has been tied or otherwise restrained.
   6. No person shall tease, torment or annoy a domestic animal.
4. APPLICATION
   1. No person will have or keep livestock or poultry within a hamlet and lake of the M.D. of Provost #52.
   2. Notwithstanding section 4.1., livestock may enter the residential zoned limits of a hamlet and lake with the authorization of the M.D of Provost #52.
5. ENFORCEMENT
   1. The Animal Control Officer , Special Constable or Peace Officer may capture and impound any domestic animal that is:
      1. Running at Large
      2. Bites any person
   2. The Animal Control Officer, Special Constable or Peace Officer may enter on any privately owned land excluding any buildings to enforce the provisions of this bylaw.
   3. When necessary, the Animal Control Officer may employ the use of lures, baits, nets, sonic and mechanical devices or any other means for apprehending a domestic animal provided always that such methods be applied in the interest of humaneness.
   4. A notice or form commonly referred to as a animal control ticket, having printed wording approved by the M.D. Council, may be issued by a Animal Control Officer, Special Constable or Peace Officer; to any person alleged to have breached any provisions of this bylaw and the said notice shall require a payment to the M.D. of Provost #52 as specified in Schedule "A".
   5. When any person contravenes the same section within a 12 month period, the specified penalty payable in respect of the second contravention shall double in the amount shown in schedule "A".
   6. An animal control ticket shall be deemed to be sufficiently served:
      1. if served personally on the owner of the animal
      2. if mailed to the address of the owner of the animal
   7. No person shall interfere with or attempt to obstruct an Animal Control Officer, Special Constable or Peace Officer who is attempting to capture, or who has captured any domestic animal in accordance with the provisions of this bylaw.
6. IMPOUNDMENT
   1. Any domestic animal running at large in a hamlet or lake may be taken and impounded in a pound, where it shall be kept for three (3) working days and the owner of the domestic animal shall pay to the Pound Keeper the respective fine for such impoundments, plus kennel costs for each day or portion thereof that the domestic animal has been kept in the pound.
   2. Any domestic animal not redeemed from the pound by its owners, within three (3) working days of it being impounded, may be sold by the Pound Keeper to any person who pays the fees and costs set out in Section 6.1 hereof, and any domestic animal not redeemed or sold shall be humanely destroyed by the Pound Keeper.
   3. The Pound Keeper shall supply adequate shelter, food and water for the domestic animals impounded, and shall keep a record of all such domestic animals. Such record shall give the date the domestic animal was impounded, a description of the domestic animal; whether redeemed, euthanized, sold or still impounded; the claimants name, address and telephone number, and the amount of fees collected.
   4. The M.D. Council by resolution shall appoint a Pound Keeper and designate a place to be operated as a pound.
   5. The M.D. Council may appoint by resolution one or more Dog Control Officers for the purpose of carrying out the provisions of this bylaw.
   6. Any domestic animal in the possession of an individual caught running at large in the M.D. of Provost #52 outside of a hamlet may be turned into the Animal Control Officer, Special Constable or Peace Officer to be dealt with in accordance with Section 6.1, 6.2 and 6.3.
   
   THIS BYLAW SHALL REPEAL BYLAW NO. 2112.
   Read a first time this 10th day of November A.D., 2005.
   Read a second time this 10th day of November A.D., 2005.
   Read a third time and finally passed this 10th day of November A.D., 2005.
   
   Schedule "A"
   Specified Penalty
   
   1. Section 3.1 Allow a dog to run at large $100.00
   2. Section 3.2(a) Permit a dog to attack $250.00
   3. Section 3.2(b) Permit dog to cause damage $100.00
   4. Section 3.2(c) Permit dog to create a disturbance by barking $100.00
   5. Section 3.2(d) Permit dog to molest or annoy any person $100.00
   6. Section 3.2(e) Permit dog to upset any garbage container $100.00
   7. Section 3.3 Permit dog to be in public building or on beach $100.00
   8. Section 3.4 Permit dog to bite person or domestic animal $300.00
   9. Section 3.5 Untie or free a domestic animal restrained $100.00
   10. Section 3.6 Tease or torment a domestic animal $100.00
   11. Section 4.1 Keep livestock or poultry within a hamlet $250.00
   12. Section 5.7 Obstruct or hinder Animal Control Officer $250.00