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|Copyright © 2008: City of St. John's,|
St. John's, Newfoundland, Canada
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Pursuant to the powers vested in it under the City of St. John's Act, R.S.N.L. 1990, c.C-17, as amended and all other powers enabling it, the City of St. John's enacts the following By-Law relating to the regulation and control of domesticated animals within the City of St. John's.
1. This By-Law may be cited as the St. John's Animal Control Regulation.
2. In this By-Law:
(a) Animal means all species of fauna excluding humans, fish and aquatic invertebrates;
(b) Cat means a male or female domesticated cat;
(c) Dog means a male or female domesticated dog and includes an animal which is a cross between a wolf and a dog;
(d) Officer means a Humane Services Officer in the employ of the City of St. John's or other person or persons designated by the City of St. John's to enforce the provisions of this By-Law; and
(e) Owner means any person, partnership, association, or corporation that owns, possesses or has control, care or custody over an animal.
3. (1) Every owner of an Animal is responsible to ensure that the Animal is provided with the following:
(a) clean, fresh drinking water and food of sufficient quantity and quality so as to allow for normal, healthy growth and the maintenance of normal, healthy body weight;
(b) clean food and water receptacles located so as to avoid contamination by excreta;
(c) exercise sufficient to maintain good health; and
(d) necessary veterinary medical care.
(2) Every Owner whose Animal normally resides outside, or which is kept outside unsupervised for extended periods of time, shall ensure the Animal is provided with an enclosure which meets the following criteria:
(a) no more than three Animals may be in an enclosure;
(b) a total area that is at least twice the length of the first Animal in all directions and not less than 9 m2 where one Animal is housed; however where more than one Animal is housed the width and length of the enclosure shall be increased by one metre for each additional Animal;
(c) a minimum height of one (1) metre over and above the height of the tallest Animal in the enclosure;
(d) contains a shelter or shelters, which in the opinion of the Officer, provides protection from the elements and is of sufficient size so as to allow each Animal or Animals to turn around freely and lie in a normal position;
(e) is situate so as to, in the opinion of the Officer, provide sufficient shade at all times;
(f) is cleaned, including the removal of excreta, on a daily basis;
(g) does not have wire mesh, metal or wooden slat flooring; and
(h) is not stacked with other enclosures and is not located off the ground.
(i) is heated, in an approved manner and to a temperature acceptable to the Officer, from November 1st to April 30th.
(3) No Owner shall house a pregnant or nursing Animal with other Animals other than its nursing offspring.
(4) No Owner shall cause an Animal to be left unattended/hitched, while tied or fastened to a fixed object where a choke collar or choke chain forms part of the securing apparatus or where rope or cord is tied directly around the Animals neck.
(5) No Owner shall cause an Animal to be confined in an enclosed space, including a motor vehicle, without adequate ventilation.
(6) No Owner shall transport an Animal in a motor vehicle outside the passenger compartment unless the Animal is, in the opinion of the Officer, adequately confined or secured in a body harness or other manner of fastening which is adequate to prevent the Animal from falling from the motor vehicle or otherwise injuring itself.
(7) it is kept or used for another purpose and under the conditions prescribed in the Animal Health and Protection Act, SNL 2010, c.A-9.1, and any regulations enacted thereunder. (Amended 2012/07/10; #1558)
4. No Owner shall keep an Animal in an unsanitary condition. Conditions shall be considered unsanitary where, in the opinion of the Officer, the keeping of the Animal results in an accumulation of fecal matter, an odor, insect infestation or rodent attractants which endanger the health of the Animal or any person, or which disturb or are likely to disturb the enjoyment, comfort or convenience of any person in or about any dwelling, office, hospital or commercial establishment.
5. (1) When a Dog or Cat defecates on any public or private property other than the property of its Owner, the Owner shall cause such faeces to be removed immediately.
(2) No Owner shall suffer, permit, allow or for any reason have his or her Animal, bark, howl, or meow excessively so as to become a nuisance in the opinion of the Officer.
(3) No owner of a Dog shall permit his or her Dog to:
(a) chase, bite or attack any person
(b) chase, bite or attack any domestic animal
(c) damage public or private property.
(4) The running at large of Dogs or Cats is prohibited unless otherwise exempted by law.
6. (1) The owner of any Dog aged six (6) months or more shall obtain a license for the Dog by registering it with the municipality and paying the applicable fee.” (Amended 2012/07/10; #1558)
(2) The owner of any Dog aged six months or more shall obtain a license for the Dog within 20 business days of acquiring the Dog or within 20 business days of the Dog attaining the age of six months.
(3) The Owner shall renew the license annually and shall advise the City of any changes in licensing information, including, but not limited to, change of address and/or phone number.
(4) When the Dog is off the property of the Owner the Owner shall cause the Dog to wear around the neck a collar to which shall be attached the current license tag issued for that Dog.
(5) A Dog used as a guide or for assistance to a disabled person shall be licensed and shall wear the current license tag. Any person who produces evidence satisfactory to the Officer showing that the Dog is required as a guide or for assistance by a disabled person shall be exempt from paying the license fee.
(6) The City shall keep a record of all Dogs registered and licensed, showing the date and number of registration and license, and the name and description of the Dog, with the name and address of the Owner.
(7) A license for a Dog shall not be transferable.
7. (1) The Officer may seize and impound:
(a) every Animal found at large
(b) every Dog not wearing a collar and tag while off the premises of the Owner and not accompanied by a person responsible.
(2) The Officer shall make all reasonable efforts to identify and contact the Owner of every stray Animal received, whether the Animal is living or dead.
(3) Every Animal shall be provided with clean food and water and sheltered in sanitary conditions. The Animal shall remain impounded for a minimum of five days or for the length of time prescribed by provincial legislation, unless the Animal is claimed by its rightful Owner. If not claimed within that time, the Animal shall become the property of the City.
(4) Where in the opinion of the Officer, in consultation with a veterinarian, an impounded Animal is injured or ill and should be destroyed without delay for humane reasons or for reasons of safety to persons, the Animal may be euthanized humanely.
(5) Where an impounded Animal seized and impounded is injured or ill and is treated by a veterinarian, the City shall, in addition to any impoundment fees, be entitled to charge the person claiming the Animal for the cost of the treatment.(6) During the impoundment period, the Owner may claim the Animal upon proof of ownership of the Animal and payment to the City of:
(a) the appropriate licence fee where the Dog is not licensed;
(b) applicable impoundment fees; and (Amended 2012/07/10; #1558)
(c) veterinary fees where applicable.
(7) An Animal that is impounded and not claimed by the Owner within the time provided in subsection (3) may:
(a) be adopted for such fees as may be established; or
(b) be euthanized by humane methods.
(8) An impounded Animal which is in the opinion of the Officer, dangerous to persons and/or Animals may be humanely destroyed immediately. An impounded Animal that has been designated as dangerous by the Officer shall not be offered for adoption.
8. The St. John's Animal Control Regulation passed by the St. John's Municipal Council on May 16, 1990, together with all amendments thereto, are hereby repealed.
9. Any person who contravenes the provisions of this By-Law shall be guilty of an offence and liable upon summary conviction to a fine as provided for in section 403 of the City of St. John's Act, as amended.