PUBLISHED BY AUTHORITY

The following regulations have been made by the Town Council of Happy Valley-Goose Bay, under the provisions of Section M-24 S.N. 1999of the Municipalities Act, and were approved by me on the 24^th day September, 2002.

John Hickey Mayor

ANIMAL CONTROL REGULATIONS

1.    Interpretations: In these regulations, unless the context requires:

(a) "Act" means the Municipalities Act.

(b) "Council" means the Town Council of Happy Valley-Goose Bay

(c) "Town" means the Town of happy Valley-Goose Bay, as defined by Order-in-Council dated the 15th day of March, A.D., 1955, or any amendments thereto made under the Municipalities Act.

(d) "Animal Control Officer" means any person empowered by the Council to enforce these regulations.

(e) "Impounded" means to seize and hold.

(f) "Peace Officer" means any member of the Town Municipal Enforcement Department or the RCMP.

(g) "Veterinarian" means a legally qualified veterinarian as provided in the Newfoundland Veterinary Medical Act.

(h) "Animal" means any horse, mule, ass, bull, sheep, pig, goat or fowl, or any other animal whatsoever kind or species, and whether a quadruped or not, which has been, or is being tamed to serve some purpose for the use or the owner, but, exempting dogs and cats.

(i) "Horse" includes any mare, gelding, pony, foal, colt, filly or stallion.

"Bull" includes any cow, bullock, heifer, calf, steer or ox.

"Sheep" includes any ewe, lamb or ram.

"Pig" includes any boar or sow.

"Fowl" includes any cock, hen, chicken, capon, turkey, goose, gander, duck, drake or guinea fowl.

(j) "Mischievous" as applied to animals, means any cross or dangerous animal, which is roaming at large, or which has been shown to have trespassed upon land enclosed by a lawful fence, by breaking or jumping over the fence.

(k) "Property" means properties located within the Town in a built up area.

(l) "Odor" means any smell which has an unpleasant effect on the senses.

(m) No hunting, including bow hunting is allowed within one thousand (1,000) meters of the boundaries of the municipal landfill.

2.    All animals of whatever origin, shall be penned and/or constrained in a suitable building or enclosure, the like of which must be detached from the main living accommodation except when the opinion of the Animal Control Officer or reasonable alternative exists.

3.     No person shall permit any animal, of which they are the owner, to roam at large within the Town.

4.     The owner of any animal, whether of a mischievous nature or not, roaming at large, shall be liable for all damages and/or injuries committed by the said animal to property or persons.

5.     The owner of animals shall ensure, that any odor produced by their animals, shall not aggrieve the general public.

6.     The Council may order that any odor complained about, re (5) above, shall be mitigated where possible by the owner of the animals immediately to the satisfaction of the Town.

7.     Any person authorized by the Council, in general or specific terms, may impound any animal roaming at large.

8.    The owner may recover an impounded animal, on such proof of his ownership of the animal as the impounder may require, and upon payment of all fees and expenses in connection with the impounding and keep of the animal.

9. The following fees shall be paid by owners of any animals seized or impounded, or, deducted from the proceeds of any sales of such animals:

Seizing and Impounding, $50.00.

Any extending expenses incurred in impounding animals will be the cost of the owner.

If a animal is seized and impounded 3 times within a 12 month period, the animal shall be destroyed.

10. The Animal Control Officer, having regard to all circumstances, shall keep any impounded animal in the pound for a 24 (twenty-four) hour period, or, if held over a weekend or statutory holiday, until the next working day, and after expiration of such period, shall offer such animal for sale by public auction, and if the animal be sold, all monies, so received shall be retained by the Town Council.

11. Should there be no purchaser of any animal offered for sale under regulation 10 (ten), the Animal Control Officer may forthwith destroy the animal.

12. The Animal Control Officer may destroy any animal found at large within the Town, if, in his opinion such as animal is diseased, injured, vicious, or in such condition, that it should be destroyed for humane reasons.

13. The Town shall keep records of all their activities, and all reports of animals impounded .

14. Any person who contravenes any of the provisions of these regulations, is guilty of an offence, and is liable on Summary conviction, to a fine not exceeding $1,000.00 (one thousand) Dollars, or on default of payment of such penalty, to imprisonment for a period not exceeding 90 (ninety) days, or to both such fine and imprisonment, in accordance with Section 420, of the Municipalities Act.

15. These regulations were passed and adopted by Council on the 24^th day of September, 2002 and may be cited as the Town of Happy Valley-Goose Bay (Animal Control) Regulations.

16. All previous Animal Control Regulations are hereby repealed.