250-11 ANIMAL CONTROL BY-LAW (WARD 1)
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ANIMAL CONTROL BY-LAW
BY-LAW # 250-11
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The Council of the Town of Sussex, under the authority of Section 96 of the
Municipalities Act, hereby enacts as follows:
I. TITLE
(i) This by-law may be cited as the “Animal Control By-law”
(ii) The provisions of this by-law apply within the entire area of the
Town of Sussex.
II. DEFINITIONS
In this By-Law
(i) “animal” means any wild or domestic mammal, including a
dog, cat or reptile;
(ii) “Animal Control Officer” means a contractor or a person or
persons employed by the Town of Sussex who is or are charged
with the responsibility of controlling animals within the Town
of Sussex and shall be charged with the responsibility of
maintaining and supervising the animal shelter;
(iii) “animal license” means a license issued hereunder for an
animal;
(iv) “animal shelter” means any association, person, pound or
agency designated by Council to take possession of and properly
care and provide for animals impounded pursuant to this by-
law;
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(v) “animal tag” means a plate on which is stamped a license
number;
(vi) “breeder” means an owner who keeps and/or sells more than
two (2) unaltered dogs and/or three (3) altered dogs;
(vii) “Building Inspector” means a person appointed by Council as
Building Inspector;
(viii) “cat” includes a male or female cat;
(ix) “Chairperson” means the Mayor or his alternate as appointed by
the Council;
(x) “Clerk” means the Clerk of the Town of Sussex;
(xi) “Council” means the Council of the Town of Sussex;
(xii) “day” means a twenty four (24) hour period;
(xiii) “Development Officer” means a person appointed by Council as
Development Officer;
(xiv) “District Medical Health Officer” means a person appointed by
the Province;
(xv) “dog” includes a male or female dog;
(xvi) “fierce or dangerous animal” means an animal which meets any
one of the following conditions:
(a) an animal that has attacked, bitten or caused injury to a
person, either on public or private property or has
demonstrated a propensity, tendency or disposition to do
so;
(b) an animal that has attacked, bitten or caused injury to a
domestic animal, either on public or private property;
(c) an animal that, while running at large, has aggressively
pursued or harassed a person;
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(d) an animal that, while running at large, has aggressively
pursued or harassed a domestic animal;
(e) an animal with a known propensity to attack or injure a
person without provocation;
(f) is attack trained;
(g) is kept for the purpose of security or protection, whether
residential, commercial or industrial, or persons or
property; or
(h) is a potentially dangerous animal.
(xvii) “kennel” means a building or part of a building where animals
are kept for sale or are boarded;
(xviii) “leashed” means secured by a leash or similar device of 1.2
meters maximum length, suitable to keep an animal under the
control of an owner;
(xix) “muzzle” means a humane fastening or covering device of
adequate strength over the mouth of an animal to prevent it
from biting;
(xx) “neighbourhood” means for the purpose of this By-La w not less
than two (2) people living in the immediate area and occupying
separate dwellings; and
(xxi) “owner” means a person, partnership, or corporation who:
(a) is in possession of an animal, or
(b) harbors an animal, or
(c) permits an animal to habitually remain on property owned
by or under the control of that person, partnership, or
corporation, or
(d) is a registered owner, according to Service New Bru nswick
records, of property where an animal is allowed or
permitted to remain; or
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(e) registers or licenses an animal under this By-Law a nd
“owns” and “owned” have the corresponding meaning;
(xxii) “Police Officer” means:
(a) a member of the Royal Canadian Mounted Police,
(b) a Police Officer appointed under Section 10, 11 or 17.3 of
the Police Act, or
(c) an Auxiliary Police Officer or an Auxiliary Police Constable
appointed under Section 13 of the Police Act, when
accompanied by or under the supervision of a member of
the Royal Canadian Mounted Police;
(xxiii) “Pound Keeper” means the Animal Control Officer approved by
Council to retain all animals;
(xxiv) “Protective Services Committee” means a committee created by
the Council;
(xxv) “public place” means any property that is not privately owned
and includes Municipal, Provincial and Federal property;
(xxvi) “reptile” means an air-breathing, scaly cold-blooded vertebrate
and includes snakes;
(xxvii) “Royal Canadian Mounted Police” means the Sussex Post of
District # 3 of the Royal Canadian Mounted Police;
(xxviii) “running at large” means an unleashed animal
(a) to be tethered on a tether of sufficient length to permit the
animal to leave the property boundaries of the premises
occupied by the owner;
(b) not secured by a leash having a maximum length of three
(3) meters in a public place;
(c) in a public place, or
(d) on private property other than that of the owner or keeper
of the animal, or
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(e) in a forest or wooded area, while not in the company and
control of the owner of the animal;
(xxix) “street” includes road, sidewalk, alley, park, public square and
property under the control of the town.
(xxx) “Town” means the Town of Sussex;
(xxxi) “Treasurer” means the Treasurer of the Town of Sussex;
(xxxii) “unaltered” means an unneutered male or an unspayed female
dog or cat;
III. REGISTRATION AND LICENSING
(i) Every owner of a dog or cat shall:
(a) register with the Clerk, or other person(s) so designated by
Council, by March 31st of each calendar year, each dog or
cat which he/she owns, and obtain a license pursuant to
the provisions of this by-law;
(b) provide the Clerk, or other person(s) so designated by
Council, with the following information which will be
recorded and retained:
♦ the owner’s name and place of residence,
♦ the name, age, breed, colour and sex of the dog or cat,
(c) pay, in accordance with Schedule “A” of this by-law, to
the Clerk, or other person(s) so designated by the Clerk, a
license fee for each dog or cat which he/she owns, subject
to the following:
♦ the license fee for any newly acquired dog or cat
that is being registered between July 1st and October
31st in any year shall be fifty percent (50%) of the fee
set out in Schedule “A” of this by-law;
♦ there shall be no license fee for a “seeing eye dog”,
but it must be licensed and wear a current tag;
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(ii) All licenses issued pursuant to this by-law shall expire at
midnight on the thirty-first day of December of each year and an
owner of an animal is allowed to have a period of grace up to
and not beyond March 31st in the next ensuing year for the
renewal of licenses; and further an owner making an
application after November 1st in any year for a license for the
following year, the license shall be valid from the date of its
issuance. When an owner ceases to own a dog or cat for which
the license was given, the license shall expire.
(iii) An approved certificate from a veterinary or animal hospital is
required as proof that a male dog or male cat is castrated, or a
female dog or female cat is spayed, and an approved certificate
from a veterinary or animal hospital confirming the cat(s) or
dog(s) have received their rabies immunization pursuant to the
Section on Rabies of this by-law.
(iv) Every owner of a dog or cat which is registered under this by-
law shall forthwith advise the Clerk, or other person(s) so
designated by the Clerk within thirty (30) days of the change of
ownership and every owner who sells a dog or cat which is
registered under this by-law shall advise the purchaser of the
registration and licensing provisions set out herein.
(v) Every person who conveys or receives a dog or cat not
necessarily by way of sale and purchase, shall nevertheless
follow the same provisions as set out in subsection III(iv)
herein.
(vi) The Clerk, or other person(s) so designated by Clerk at the time
of registration of the dog or cat, shall issue to the owner a
license tag upon which is inscribed the registration number and
the year of registration.
(vii) A license tag is not transferable from one owner to another or
from one dog or cat to another.
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(viii) A license tag which is lost, after it has been issued for the
current year, may be replaced by the Clerk, or other person(s) so
designated by the Clerk, upon application by the owner and
payment of any fees pursuant to Schedule “A” of this by-law.
(ix) Every owner of a dog or cat shall cause a dog or cat, registered
by him or her under this by-law, to wear a collar to which the
tag, issued under subsection III(vi) shall be attached.
(x) The provisions of subsection III(i) shall not apply to:
(a) an owner who is visiting with a dog or cat in the Town for
less than twenty-one (21) days per calendar year; or
(b) an owner who is in the Town for the purpose of the dog or
cat participating in a dog or cat show.
IV. KENNELS
(i) Every owner who is a breeder or who keeps a dog or dogs for
breeding purposes shall obtain a kennel license from the Clerk,
or other person(s) so designated by the Clerk in accordance with
the fees pursuant to Schedule “A” herein;
(ii) A kennel license shall not be issued unless:
(a) a written application for a kennel license is submitted to
the Clerk, or such other person(s) so designated by the
Clerk, containing such information as prescribed by the
Clerk, or such other person(s) so designated by the Clerk;
(b) the Animal Control Officer provides a written report to
the Clerk, or such other person(s) so designated by the
Clerk, stating that the kennel adequately provides for the
health, safety, hygiene and comfort of the dogs while they
may be housed therein;
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(c) the Development Officer or Building Inspector certifies
that the kennel and its operation meets the requirements
of the Building Code, the Zoning By-Law and other
applicable by-laws;
(d) the Clerk, or such other person(s) so designated by the
Clerk, is satisfied that, in the opinion of the Animal
Control Officer, the kennel will not be a nuisance to the
other owners of land in the neighbourhood and the Clerk,
or such other person(s) so designated by the Clerk,
approves the issuance of the license; and
(e) the kennel license fee is paid.
(iii) A kennel license may be revoked if:
(a) the Animal Control Officer provides a written report to
the Clerk, or such other person(s) so designated by
Council, stating that he is not satisfied that the kennel is
being operated so as to adequately provide for the health,
safety, hygiene and comfort of the dogs housed therein;
(b) the Clerk, or such other person so designated by
Council, has determined that its continued operation is a
nuisance and is annoying and disturbing to the owners of
land in the neighbourhood; or
(c) its continued operation constitutes a violation of this or
any other by-law.
V. ANIMAL CONTROL OFFICER
(i) Council may by resolution appoint an Animal Control Officer to
carry out any or all of the functions of this by-la w.
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VI. RABIES
(i) The owner of a dog or cat which has not been vaccinated
against rabies shall cause his or her dog or cat to be so
vaccinated:
(a) within ten (10) days of acquiring the dog or cat if it is
more than six (6) months of age; or
(b) within ten (10) days after it has reached the age of six (6)
months.
(ii) When a dog or cat is more than six (6) months of age on the
coming into force of this by-law, and it has not been vaccinated
against rabies, the owner shall cause such dog or cat to be
vaccinated against rabies within one (1) month thereafter and
every three (3) years following.
(iii) The Animal Control Officer will report an animal suspected of
being rabid to the District Medical Health Officer and to the
Royal Canadian Mounted Police.
(iv) The Animal Control Officer shall, where in his/her opinion the
condition of the animal warrants the recommendation or care of
a veterinary surgeon, impound and/or report any apparent
illness, communicable diseases, injury or unhealthy condition of
any animal to a veterinary surgeon. The owner of the animal
shall be held responsible for any fees incurred as a result of
such consultation or treatment by the veterinary surgeon.
(v) Where an animal is suffering from any communicable disease,
the owner shall not permit the animal to be in any public place
or in proximity of any other people or animals.
(vi) A person who owns an animal that is rabid or suspected of
being rabid or has been exposed to rabies shall immediately
report the matter to the District Medical Health Officer and to
the Royal Canadian Mounted Police and to the Animal Control
Officer.
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VII. DISTEMPER
(i) The owner of a dog or cat which has not been vaccinated
against distemper shall cause the dog or cat to be so vaccinated:
(a) within ten (10) days of acquiring such dog or cat if it is
more than four (4) months of age, or
(b) within ten (10) days after it has reached the age of four
months.
(ii) When a dog or cat is more than four (4) months of age on the
coming into force of this by-law and it has not been vaccinated
against distemper, the owner shall cause such dog or cat to be
vaccinated within thirty (30) days thereof.
VIII. RUNNING AT LARGE AND ANIMAL CONTROL
No owner of an animal shall:
(i) permit the animal to run at large;
(ii) permit the animal to bark, bay or make other noise for such a
period of time or in such a manner as to be a nuisa nce which is
annoying and disturbing to the owners of land in the
neighbourhood;
(iii) permit a female dog or cat to be in public while in heat;
(iv) suffer or permit any animal to defecate on any property in the
Town which is not the property of its owner;
(v) refuse to remove forthwith any feces left by the animal on a
property other than the property of the owner; and
(vi) suffer or permit the animal to cause damage to property which
is not the property of the owner.
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IX. FIERCE OR DANGEROUS ANIMALS
(i) The Animal Control Officer, if he or she has sufficient evidence
to believe that an animal should be declared a fierce or
dangerous animal, may make application by means of a report
to the Protective Services Committee to have that animal
declared a fierce or dangerous animal.
(a) Upon application of the Animal Control Officer to have an
animal declared fierce or dangerous, the Chairperson of
the Protective Services Committee shall convene a meeting
of the Protective Services Committee to hear evidence from
the Animal Control Officer, the animal’s owner, and other
witnesses as necessary, to determine if such animal
should be declared fierce or dangerous. After hearing all
the evidence presented, the Protective Services Committee
shall then declare whether such animal is a fierce or
dangerous animal or not.
(b) If the Protective Services Committee declares an animal to
be fierce or dangerous, the owner of such animal may
appeal the decision to a Court.
(ii) The owner of an animal which has been declared a fierce or
dangerous animal by the Protective Services Committee shall
ensure that:
(a) such animal is licensed with the Town as a fierce or
dangerous animal in accordance with Section III;
(b) such animal is spayed or neutered;
(c) such animal comply with the owners’ responsibilities as
outlined in this by-law;
(d) such animal shall be muzzled at all times when the
animal is off the owner’s property;
(e) at all times when off the owner’s property, the animal
shall be on a leash not longer than one (1) metre and
under the control of a responsible person over the age of
eighteen (18);
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(f) when such animal is on the property of the owner, it shall
be either securely confined indoors or in a securely
enclosed and locked pen or structure, suitable to prevent
the escape of the fierce or dangerous animal and capable
of preventing the entry of any person not in control of the
animal. Such pen or structure must have minimum
dimensions of two (2) metres by four (4) metres and must
have secure sides and a secure top. If it has no bottom
secured to the sides, the sides must be embedded into the
ground no less than thirty (30) centimeters deep. The
enclosure must also provide protection from the elements
for the animal. The pen or structure shall not be within
one (1) metre of the property line or within three (3)
metres of a neighbouring dwelling unit. Such animal may
not be chained as a means of confinement; and
(g) a sign, as depicted below with minimum dimensions of
two hundred fifty by hundred (250 X 100) millimeters, is
displayed at each entrance to the property and building in
which the animal is kept warning in writing, as well as
with a symbol, that there is a dangerous animal on the
property. This sign shall be visible and legible from the
nearest road or thoroughfare.
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X. IMPOUNDING
(i) The Council may establish one or more animal pounds or
designate one or more animal shelters to take possession of and
properly care and provide for impounded animals.
(ii) The Animal Control Officer or a Peace Officer may capture and
impound any animal on private, (other than in a private
dwelling), or public property, that is:
(a) not registered or licensed as required under this by-law;
(b) not wearing a collar or a tag attached to a collar as
required under this by-law other than when the animal is
in a kennel or is in the owner’s residence;
(c) running at large;
(d) actually or suspected to be affected with rabies or any
other contagious disease;
(e) housed in a kennel which is not licensed as required
under this by-law or the license for which has been
suspended;
(f) alleged to be barking, baying or making other noise for
such a period of time or in such a manner as to be a
nuisance which is annoying and disturbing to the owners
of land in the neighbourhood;
(g) abandoned or appears to the Animal Control Officer to
have been abandoned;
(h) alleged to have bitten or attempted to bite a person;
(i) alleged to have bitten or attempted to bite a domestic
animal;
(j) a female dog or cat in a public place while in heat;
(k) a fierce or dangerous animal and is not muzzled and off
the owner’s private property;
(l) damaging property which is not the property of the owner;
and
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(m) a fierce or dangerous animal and its owner has not
complied with the provisions of Section IX.
(iii) The Animal Control Officer may capture and impound any
animal in a private dwelling for violations of the by-law
provided that a search warrant has been applied for and
obtained pursuant to the Entry Warrants Act. The Animal
Control Officer shall be accompanied by a Police Officer in the
execution of the search warrant.
(iv) A Provincial Court Judge may issue a search warrant if
satisfied that an Animal Control Officer or Police Officer has
reasonable and probable grounds to believe that an offence has
been committed under this by-law involving an animal or its
owner and that such animal is in or upon a private dwelling,
business or any place whatsoever.
(v) Where an Animal Control Officer impounds an animal, he or she
shall within 24 hours, make reasonable efforts to notify the
owner of the animal.
(vi) Subject to subsection X(vii) and Section XI, the owner of an
animal which has been impounded, upon proving ownership
thereof, may reclaim the animal during the regular business
hours of the animal shelter upon payment of the following to
the Clerk, or other person(s) so designated by Council, unless
the animal has been impounded as a result of having bitten a
person or the animal is actually or suspected to be affected with
rabies or any other contagious disease:
(a) the registration and license fee if the animal is a dog or
cat which is not registered and licensed;
(b) expenses, (including veterinarian fees), costs and legal
fees relating to the capturing, impounding and legal
proceedings incurred by the Town;
(c) impounding and other applicable fees shall be as set out
pursuant to Schedule “A” of this by-law; and
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(d) if an offence under this by-law has been committed, a
voluntary fine as set out pursuant to Section XIV of this
by-law.
(vii) The owner of any animal which has been impounded three
(3) times within any twenty-four (24) month period or for which
the owner has received a municipal ticket or official warning
concerning animal control three (3) times within any twenty-
four (24) month period or for which the total number of
impounds, tickets and warnings total three (3) within any
twenty-four (24) month period, shall not be permitted to reclaim
such animal unless so authorized, upon appeal of the owner, to
the Protective Services Committee.
(viii) An animal, which has not been reclaimed within a period of
seventy-two (72) hours after being impounded, exclusive of
Statutory Holidays and Sundays, may be sold by the animal
shelter for the best price that can be obtained and the monies
derived from such sale be paid to the Treasurer, or other
person(s) so designated by the Treasurer.
(a) Notwithstanding the foregoing, fierce or dangerous
animals may not be offered for sale or adoption, but must
be humanely euthanized by an animal shelter, animal
control agency or licensed veterinarian.
(ix) An animal which is impounded and cannot be sold for any
reason, including the fact that the animal is infected with rabies
or any other contagious disease, may be destroyed in such
manner as may be directed by the Animal Control Officer or in a
manner deemed most humane by the New Brunswick Society for
the Prevention of Cruelty to Animals or a licensed veterinarian
and the owner shall pay the costs and expenses referred to in
subsection X(vi)(b) and subsection X(vi)(c).
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(x) The Pound Keeper may continue to keep the animal in the
pound longer than the period specified in subsection X(viii)
when the owner:
(a) requests the animal, which is not a fierce or dangerous
animal, be kept for a longer period, or
(b) advised the Pound Keeper of his/her ownership but does
not pick up the animal from the pound within the time
provided in subsection X(viii), and when,
♦ there is sufficient room in the pound to continue to
keep the animal;
♦ the animal is not vicious, rabid, suffering from a
communicable disease, ill or injured;
♦ the animal is not required to be destroyed under this
by-law; and
♦ the Pound Keeper is satisfied that the owner or anyone
acting on his/her behalf will pay all fees and charges
for which the owner is or becomes liable.
(xi) No person authorized by this by-law to capture and impound or
destroy an animal shall be liable in damages for any injury or
damage to such animal while the same is being captured and
impounded or destroyed.
XI. DESTRUCTION
(i) Any animal impounded under this by-law may be destroyed,
provided that the Protective Services Committee, on the
recommendation of the Animal Control Officer, is satisfied that
it is necessary for the protection of persons and/or property, and
the animal:
(a) has been or is determined to be running at large;
(b) has bitten or attempted to bite a person;
(c) has rabies, distemper or any other communicable disease;
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(d) has suffered injuries and a doctor of veterinary medicine
has determined that the animal will not recover and
should be destroyed;
(e) has attacked, bitten or attempted to bite, or caused injury
to a domestic animal; or
(f) has been declared a fierce or dangerous animal.
(ii) A Judge of the Provincial Court to whom a complaint has been
made, alleging that an animal has:
(a) attacked, bitten, attempted to bite, or cause injury to a
person;
(b) attacked, bitten, attempted to bite, or cause injury to a
domestic animal;
(c) while running at large, has aggressively pursued or
harassed a person; or
(d) while running at large, has aggressively pursued or
harassed a domestic animal;
may summon the owner of the animal to appear and to show
cause why the animal should not be destroyed and may make
an order directing:
(a) that the animal be destroyed, or
(b) that the owner or keeper of the animal keep the animal
under control.
(iii) The Animal Control Officer or a Police Officer may kill on site an
animal which a person is unable to seize if they have sufficient
evidence to believe that the animal has attacked, chased, bitten
or injured another person or domestic animal, or poses an
immediate threat to the public.
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(iv) If the owner, of an animal that has been designated as fierce or
dangerous, is unwilling or unable to comply with the
requirements of Section IX, the said animal shall t hen be
humanely euthanized by an animal shelter, animal control
agency or licensed veterinarian, after a fourteen (14) day
holding period. Any animal that has been designated as fierce
or dangerous under this by-law may not be offered for adoption.
XII. REPTILES
(i) No person shall have, keep or possess a reptile in a public place
or on any property in the Town which is not the property of its
owner unless it is in a case or cage or other container designed
in such a fashion that it will completely confine such snake or
reptile.
XIII. OFFENCES
(i) The owner or any person who violates or breaches any provision
of this by-law is guilty of an offence.
(ii) Any person commits an offence under this by-law if:
(a) he or she interferes or attempts to interfere with the
Animal Control Officer while he or she is exercising his or
her functions under this by-law; or
(b) he or she, not being the owner, removes a collar or license
tag from an animal.
XIV. PENALTY
A person, who fails to comply with the provisions of an order made by
a Judge of the Provincial Court under this by-law, commits an offence
punishable under Part II of the Provincial Offences Procedure Act as a
Category F offence.
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XV. ENFORCEMENT
This by-law shall be enforced by the Animal Control Officer and/or
Police Officer.
XVI. PLURAL OR FEMININE TERMS
Plural or feminine terms may apply whenever the singular, masculine
or feminine is used in this By-law. It shall be considered as if the
plural, feminine or masculine has been used where t he context of the
party or parties hereto so requires.
XVII. VALIDITY
The invalidity of any section, subsection, clause, sentence or provision
of this by-law shall not affect the validity of any other section,
subsection, clause, sentence or provision of this by-law which can be
given effect without such parts.
XVIII. REPEAL
(a) The repeal of “A By-Law Respecting Animal Control,
By-Law # 250-04, enacted on December 20, 2004, and all
amendments thereto, shall not affect any penalty, forfeiture or
liability incurred before such repeal or any proceeding for
enforcing same, completed or pending, at the time of repeal; or
shall it repeal, defeat, disturb, invalidate or prejudicially affect
any manner or thing whatsoever completed, existing or pending,
at the time of repeal.
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(b) The by-law entitled “A By-Law Respecting Animal Control,
By-Law # 250-04, enacted on December 20, 2004, and all
amendments thereto is hereby repealed.
READ FIRST TIME BY TITLE MAY 16, 2011
READ SECOND TIME BY TITLE MAY 16, 2011
READ IN ENTIRETY MAY 24, 2011
THIRD READING BY TITLE
AND ENACTED JUNE 20, 2011
RALPH A. CARR PAUL I. MAGUIRE
MAYOR TOWN CLERK
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SCHEDULE “A” - SCHEDULE OF FEES
A. LICENSE FEE
Spayed female or neutered male dog $ 11.00/dog
Non-spayed female or non-neutered dog $ 22.00/dog
Spayed female or neutered male cat $ 6.00/cat
Non-spayed female or non-neutered cat $ 12.00/cat
B. BREEDER’S LICENSE FEE
Breeder’s License $400.00/Year
C. KENNEL LICENSE FEE
Kennel License $200.00/Year
D. REPLACEMENT TAG FEE
Replacement Tag $ 4.00/Tag
E. ANIMAL CONTROL SHELTER
MAINTENANCE FEE
Each Animal $ 15.00/Day
F. ANIMAL SEIZING AND IMPOUNDING FEE
(i) For the first occasion during any
calendar year $ 22.00
(ii) For the second occasion during any
calendar year $ 77.00
(iii) For the third and any subsequent
offenses during any calendar year $ 127.00
G. FEDERAL AND PROVINCIAL TAXES ARE IN ADDITION TO
THE FEE CHARGES UNDER SCHEDULE “A” WHERE AFORESAID
TAXES ARE APPLICABLE