There is also a section in the proposed bylaw - banning the continual chaining of dogs - that if they pass this bylaw as it's proposed - would make this one of the most progressive bylaws - in all of North America - on that front. And that is why I'm so amazed.
On the one hand it has bsl - and on the other hand - it bans chaining of dogs and bans keeping your dog in a hot car - it's full of dichotomies.
If they would take out the one paragraph of bsl - and put in the one paragraph about dangerous dogs - that Parrsboro DOES have - which is what actually DOES work - then Yarmouthh would actually have the BEST DOG BYLAW IN ALL OF NORTH AMERICA - with no question.
It would have -
- a rock solid dangerous dog bylaw
- it would ban the continuous chaining of dogs (No person may cause an animal to be hitched, tied or fastened to a fixed object as the primary means of confinement for an extended period of time.)
- it would ban allowing to keep your dogs in hot cars (No person may cause an animal to be confined in an enclosed space, including a car, without adequate ventilation.)
- Proceedings against dogs owners would be handled in provincial courts - not by the dog catcher
- it would ban dogs from being allowed in the back of pickup trucks unless they are properly harnessed (No person may transport an animal in a vehicle outside the passenger compartment unless it isadequately confined or unless it is secured in a body harness or other manner of fastening which is adequate to prevent it from falling off the vehicle or otherwise injuring itself)
Right now the proposed bylaw says that a “fierce and dangerous dog” is any dog that:
(a) is a Pit Bull Terrier, American Pit Bull Terrier; Pit Bull, Staffordshire Bull Terrier, American Staffordshire Terrier, Rottweiler or any dog of mixed breeding which includes any of the aforementioned breeds.
(b) has attacked or injured a person;
(c) has attacked or injured an animal;
(d) in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack;
(e) is owned or harboured in whole or in part for the purpose of dog fighting; or trained for dog fighting; provided that no dog shall be deemed fierce or dangerous if it is a professionally trained guard dog while lawfully engaged for law enforcement.
(f) that is kept for the purpose of security or protection, whether residential, commercial or industrial, of persons or property.
I've already talked before about why dog's trained for dog fighting shouldn't be included in municipal dog bylaws at all, so I'm not going to talk about it again here - but Parrsboro's bylaw doesn't talk about "fierce and dangerous" dog's at all - they get right to the core of the matter - and that is - dangerous dogs.
They classify them as -
"dangerous dog" means any individual dog:
i) that has killed a domestic animal without provocation while off the owner's property;
ii) that has bitten or or injured a human being or domestic animal without provocation, on public or private property;
iii) that is attack trained;
iv) that is kept for the purpose of security or protection, whether residential, commerical or industrial of persons or property and
v) that has shown the disposition, tendency to be threatening or aggressive.
So a dangerous dog is classified as an individual dog - not by a whole breed. If the town of Yarmouth is willing to use so much of Parrsboro's dog bylaw - why can't they use this other little bit as well?
The whole section about liability insurance, placing a sign on your house, and everything else - about once your own dog has been deemed dangerous - is still there - in section 7 of the Parrsboro bylaw - as it should be if your individual dog has been deemed dangerous - but to deem EVERY dog of a certain breed dangerous simply because of the way they look is preposterous - and I hope that the town Council of Yarmouth will understand that.
If they look at Parrsboro's bylaw and Yarmouth's bylaw next to each other - and blend the best parts of the 2 together - I think that Yarmouth would have an amazing bylaw - and it would be a boon for them - to turn this tragedy into the best bylaw in North America - they would get SO much positive press about this - I really hope they make the right decision.
I know that I will be making the trip down to Yarmouth on May 5th for their Council meeting to bear silent witness to see if bsl passes there. I really hope that it does not.
I can't believe that a part of this province that I love SO much would put a muzzle on a dog that I also love more than life itself - my own Daisy doodle - a beautiful, non-violent, love bug who has never harmed anything in her whole life - but she just happens to be a rottweiller.
My "PROSPOSED" Yarmouth Dog BYlaw -
Title
1. This By-Law is entitled the “Dog Bylaw”.
Definitions
2. In this Bylaw:
(1) "dangerous dog" means any individual dog:
i) that has killed a domestic animal without provocation while off the owner's property;
ii) that has bitten or or injured a human being or domestic animal without provocation, on public or private property;
iii) that is attack trained;
iv) that is kept for the purpose of security or protection, whether residential, commerical or industrial of persons or property and
v) that has shown the disposition, tendency to be threatening or aggressive.
(2) “destroy” means kill;
(3) "dog" means any dog, male or female, or any animal that is the result of the breeding of
a dog with any other animal;
(4) "extraordinary expense" means any expense incurred by [Town] Staff in relation to a
dog except for provision of food and shelter;
(5) "Town Staff" means the person appointed by the Chief Administrative Officer or Council
to act on the Town's behalf for the purposes of this Bylaw, and includes the dog control officer,
pound keeper; inspector or police officer.
(6) "owner" means the owner of a dog and any person who possesses, has the care or
control of, or harbours a dog and, where such a person is a minor, includes a parent, guardian or
custodian of such a person;
(7) “Town” means Town of Yarmouth
Provision of Needs
3. Every person who keeps an animal within the Town shall provide the animal or cause it to be provided with:
(a) clean, fresh drinking water available and suitable food of sufficient quantity and quality to allow for normal, healthy growth and the maintenance of normal, healthy body weight;
(b) food and water receptacles kept clean and disinfected and located so as to avoid
contamination by excreta;
(c) the opportunity for periodic exercise sufficient to maintain good health, including the
opportunity to be unfettered from a fixed area and exercised regularly under appropriate
control; and
(d) necessary veterinary medical care when the animal exhibits signs of pain, illness or
suffering;
4. Every person who keeps an animal which normally resides outside, or which is kept outside
unsupervised for extended periods of time, shall ensure the animal is provided with an enclosure that
meets the following criteria:
(a) a total area that is at least twice the length of the animal in all directions;
(b) contains a house or shelter that will provide protection from heat, cold and wet that is
appropriate to the animal's weight and type of coat. Such shelter must provide sufficient space
to allow the animal the ability to turn around freely and lie in a normal position;
(c) in an area providing sufficient shade to protect the animal from the direct rays of the
sun at all times; and
(d) pens and run areas must be regularly cleaned and sanitized and excreta removed and
properly disposed of daily.
5. No person may cause an animal to be hitched, tied or fastened to a fixed object where a choke
collar or choke chain forms part of the securing apparatus, or where a rope or cord is tied directly
around the animal's neck.
6 No person may cause an animal to be hitched, tied or fastened to a fixed object as the primary
means of confinement for an extended period of time.
7 No person may cause an animal to be confined in an enclosed space, including a car, without
adequate ventilation.
8 No person may transport an animal in a vehicle outside the passenger compartment unless it is
adequately confined or unless it is secured in a body harness or other manner of fastening which is
adequate to prevent it from falling off the vehicle or otherwise injuring itself.
Unsanitary Conditions Prohibited
9. No person shall keep an animal in an unsanitary condition within the Town of Yarmouth.
Conditions shall be considered unsanitary where the keeping of the animal results in an accumulation of
faecal matter, an odour, 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.
Registration
10 On or before the 1st day of April in each year the owner of any dog shall register such dog with
the Town and obtain from the Town a tag for such dog.
11 Every owner of a dog shall, within ten (10) days of having become owner, register such dog with
the Town and obtain from the Town a tag for such dog.
12. In order to register a dog, an owner shall pay the annual registration fees in accordance with
Schedule A of this bylaw and shall supply the Town with the following:
(a) Name, civic address, mailing address and telephone number of the owner;
(b) Name and breed of the dog;
(c) Description of the dog including whether the dog is male or female, spayed or unspayed
or neutered or unneutered as the case may be; and, at the discretion of the owner, the
following additional information may be supplied:
(d) A photograph of the dog;
(e) Identification information such as micro-chip implants, tattoos or other special
markings; and
(f) The name of the veterinary clinic frequented by the dog and veterinary file ID number.
13 Registration shall be effective until the first day of April in the year following the year of
registration.
14 The registration fee shall be reduced by 50 percent in the year of acquisition where the owner
acquires ownership of the dog after September 30.
15 The owner of every dog shall keep on the dog a collar with the tag issued for that dog by Town
Staff at the time of registration. Such a tag shall be kept securely fixed on the dog at all times during the
year until a replacement tag is issued. However, such a tag may be removed while the dog is being used
for lawful hunting purposes in the presence and under the control of the dog’s owner and wearing a
collar bearing the owner’s name and address.
16 The owner of a dog shall deliver in writing to Town Staff a statement of the number of dogs
owned or harboured, or that are kept upon the premises occupied by the owner within 10 days after
having received notice requiring it to be provided.
Registration Exemptions
17. The following are exempt from registration:
(a) the Town Staff or the Yarmouth SPCA shall not be required to register a stray;
(b) a dog shall be exempt from registration and registration fees in the event the owner
proves that the dog is under the age of three months; and,
18. A dog that is trained to assist and assists a person with a disability is exempt from paying a
registration fee but not from registration.
Dog Control Provisions
19 If a dog defecates on any public or private property other than the property of its owner, the
owner shall cause such faeces to be removed immediately.
20 No owner shall suffer, permit, allow or for any reason have his or her dog bark or howl
excessively or in any other manner disturb the quiet of any person.
21 No owner of a dog shall permit his or her dog to, without provocation:
(a) chase, bite or attack any person or animal;
(b) behave in a manner that poses a menace to the safety of persons or animals;
(c) damage public or private property; or
(d) run at large within the Town except in designated off-leash areas.
Dogs Running At Large
24 Any dog which is off the premises occupied by the owner without being on a leash or harness ,
under the continuous restraint and control of some person is deemed to be running at large for the
purposes of this bylaw. 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,
except that an unleashed and unharnessed dog that is under continuous human restraint and control
shall not be deemed to be running at large if at the time the dog is:
(a) participating in an organized dog exhibition event or dog field trials;
(b) participating in a search and rescue operation or law-enforcement operation;
(c) assisting a person with a disability, provided the dog is trained for such purpose; or
(d) within a Town public park where the area is designated by signage as an area in which
dogs are permitted to be without a leash subject to such limitations as are posted.
25. The owner of a dangerous dog as defined in Section 2(1), or as declared by a judge, shall ensure
that within ten (10) days:
a) such dog is registered with the Town as a dangerous dog in accordance with the fees outlined
in Schedule A
b) such dog is spayed or neutered
c) they comply with the dog control provisions as outlined in Sections 19-21
d) at all times when off the owner's property, the dog shall be muzzled
e) at all times when off the owner's property, the dog shall be on a leash not longer than 1.2
metres with a tensile strength of at least 140 kilograms and under the control of a responsible
person sixteen years of age or older
f) when such dog 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 dangerous dog and capable of preventing the entry of any person not in control of the dog.
Such pen or structure must have minimum dimensions of two metres by four 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 centimetres deep. The enclosure must also
provide protection from the elements for the dog. The pen or structure shall not be within one
metre of the property line or within three metres of a neighbouring dwelling unit. Such dog may
not be chained as a means of confinement.
g) a sign is displayed at each entrance to the property and building in which the dog is kept
warning in writing, as well as with a symbol, that there is a dangerous dog on the property. This
sign shall be visible and legible from the nearest road or thoroughfare.
h) a policy of liability insurance, satisfactory to the Town, is in force in the amount of at
least $500,000, covering the twelve month period during which licensing is sought, for injuries
caused by the owner's dangerous dog. This policy shall contain a provision requiring the
community to be named as an additional insured for the sole purpose of the community to be
notified by the insurance company of any cancellation, termination or expiration of the policy.
26 The Town shall have the authority to make whatever inquiry is deemed necessary to ensure
compliance with the provisions outlined in this section.
27 If the owner of a dog that has been designated as dangerous is unwilling or unable to comply
with the requirements of this section after fourteen days, the said dog shall then be humanely
euthanized by an animal shelter, animal control agency or licensed veterinarian. Any dog that has been
designated as dangerous under this bylaw may not be offered for adoption.
28 The owner of a dangerous dog who is unwilling or unable to comply with the provisions of this
section of the By-law, will have all current dog licenses revoked, and no future dog licenses will be
issued for a period of 5 years.
Impounding
28. Town staff may, without notice to or complaint against the owner, impound any dog that:
(a) runs at large contrary to this bylaw;
(b) is not wearing a tag required by this bylaw;
(c) is not registered pursuant to this bylaw;
(d) is fierce and dangerous;
(e) is rabid or appears to be rabid or exhibits symptoms of canine madness; or
(f) persistently disturbs the quiet of the neighbourhood by barking, howling or otherwise.
29 Owners seeking to redeem an impounded dog must pay an impoundment fee as outlined in
Schedule A of this bylaw.
30. Subject to Section 28 of this Bylaw, except in the case where a dog is impounded for being
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 the Daily Pound Fee(s), along with reimbursement for any Extraordinary Expenses incurred by the
Town Staff in relation to the dog.
31 In the case of redemption of a dog which has not been registered pursuant to this Bylaw, the
owner shall also be required to register the dog and pay the registration fee before being allowed to
redeem the dog.
32 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 destroyed in a humane way by the Pound Keeper and, if
sold, the proceeds shall belong to the Town.
32 Whenever the 72 hours of impounding time expires on a weekend, the Pound Keeper shall hold
such dog until the expiry of the first business day following the weekend to permit the owner to redeem
the dog.
33 Upon any dog being impounded the Pound Keeper shall check for a tag and if a tag is found, the
Pound Keeper shall make at least one attempt to contact the registered owner of the dog using the tag
number on the records of Town Staff. Provided however that if a dog is missing, the onus is on the
owner of the dog to ascertain within the time period provided for impounding under this Bylaw,
whether the dog has been impounded, and neither the Pound Keeper nor 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
Proceedings Against Dog Owner
37. A proceeding may be commenced in the Provincial Court against an owner of a dog if it is
alleged that,
(a) the dog has bitten, attacked or injured a person or domestic animal;
(b) the dog has behaved in a manner that poses a menace to the safety of persons or
animals; or
(c) the owner did not exercise reasonable precautions to prevent the dog from:
(i) biting, attacking or injuring a person or domestic animal; or
(ii) behaving in a manner that poses a menace to the safety of persons or animals.
38. In exercising its powers to make an order under Section 37, the Provincial Court Judge may take
into consideration the following circumstances:
(a) the dog’s past and present temperament and behaviour
(b) the seriousness of the injuries caused by the biting or attack
(c) unusual contributing circumstances tending to justify the dog’s action
(d) the improbability that a similar attack will be repeated
(e) the dog’s physical potential for inflicting harm
(f) precautions taken by the owner to preclude similar attacks in the future
(g) any other circumstances that the court considers to be relevant
39. If, in a proceeding under Section 37, the court finds that the dog has bitten or attacked a person
or domestic animal or that the dog’s behaviour is such that the dog is a menace to the safety of persons
or domestic animals, and the court is satisfied that an order is necessary for the protection of the public,
the court may order,
(a) that the owner of the dog take the measures specified in the order for the more
effective control of the dog or for purposes of public safety.
(b) that the dog be destroyed in the manner specified in the order; or
(c) prohibiting the dog’s owner from owning another dog for a specified period of time.
Penalties
1 Any person who contravenes any provision of this bylaw is guilty of an offence punishable on summary conviction and is liable to a penalty as set out in Schedule B.
2 A Provincial Court Judge, in addition to the penalties provided in this bylaw, may, if he or she considers the offence sufficiently serious, direct or order the owner of a dog to prevent such dog from doing mischief or causing the disturbance or nuisance complained of, or have the animal removed from the Town, or order the animal destroyed.
3 Where any person contravenes the same provision of this bylaw twice within one twelve month period, the specified penalty payable in respect of the second contravention is double the amount specified in Schedule B of this bylaw.
4 Where any person contravenes the same provision of this bylaw three or more times within one twelve month period, the specified penalty payable in respect of the third or subsequent contravention is triple the amount specified in Schedule B of this bylaw.
5 Any person in default of payment may be imprisoned for a term not exceeding ninety (90) days.
Schedule A - Licence, Registration and Impoundment Fees
Registration Fees
Registration Type Cost
Dog registration (male or female) $50
Dog registration for neutered male or spayed female $25
Dog registration for neutered male or spayed female that is implanted with a microchip or tattooed
$10
Fierce and Dangerous Dog registration $250
Kennel registration $100
Impoundment Fees Penalties
First impoundment in any calendar year Cost
Neutered male or spayed female dog $25
Non-neutered or unspayed dog $50
Fierce and Dangerous dog $250
Second impoundment in any calendar year
Neutered male or spayed female dog $250
Non-neutered or unspayed dog $100
Fierce and Dangerous dog $500
Third impoundment in any calendar year
Neutered male or spayed female dog $75
Non-neutered or unspayed dog $150
Fierce and Dangerous dog $1000
Offence Section Penalty
Provision of Needs $100
Unsanitary Conditions $100
Harbouring more than two dogs $100
dog barking or howling excessively $100
Failure to immediately remove a dog’s defacation on private or public property $100
Dogs at Large
Fierce and Dangerous $1000
Unlicensed $150
Licensed $100
Dog:
chase, bite or attack a person $500
chase, bite or attack a domestic animal $350
Fierce and Dangerous Dogs:
chase, bite or attack a person $1000
chase, bite or attack a person causing physical injury $2500
chase, bite or attack a domestic animal $500
chase, bite or attack a domestic animal causing physical injury or death $1000
damage public or private property $500
failure to keep vicious dog confined $1000
Improper pen or structure $1000
Failure to keep dog muzzled, harnessed or leashed properly $1000
Failure to notify Town Staff if dog is sold, gifted, transferred or dies $200
Failure to show proof of liability insurance $1000
Failure to post “fierce and dangerous dog” signage $100
contravenes the same provision of this bylaw twice within one twelve month period double the above
contravenes the same provision of this bylaw three or more times within one twelve month period
triple the above
KUDO'S Joan ... hope you have sent this to the Council ... let's pray that logic will prevail.
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