In these Regulations, unless the context otherwise requires:
a) "Act" means the Municipalities Act, 1999, SNL 1999 Chapter M-24 as amended.
b) "Animal" means any non-human vertebrate, including but not limited to any mammal, bird, reptile or amphibian including a Dog or Cat.
c) "Cat" means a non-feral or feral cat regardless of age or sex.
d) "Council" means the Town Council of the Town of Paradise.
e) "Dog" means any dog, male or female and includes an Animal which is a cross between a dog and a wolf.
f) "Dwelling" is a house or building, or portion of a house or building, which is occupied in whole or in part, as the home, residence, or sleeping place of one (1) or more persons.
g) "Enforcement Authority" means Council or its authorized administrator.
h) "lmpounder" means any person appointed by the Town who is responsible for carrying out the provisions of the Town of Paradise and this Regulation with respect to the seizure and impounding of Animals.
i) "Kennel" means an establishment for the keeping, breeding or boarding of Dogs for commercial purposes, including overnight boarding services.
j) "Kitten" means a Cat not more than three (3) months in age.
k) "Licence" means a numbered tag issued by the Town in accordance with these Regulations.
l) "Nuisance" means any obnoxious substances, Animal waste or unsanitary matter or noise that has an unpleasant effect on the senses.
m) "Owner" includes any person who has custody, charge, possession or control of an Animal of any kind or who is the owner of any house, Dwelling, building or premises or part thereof, or tenant of any house, building, Dwelling or premises or part thereof, where any Animal is kept or permitted to live or remain.
n) "Park" or "Parkland" means any land owned by or under the direct control and management of the Town which is designated or used for a park or recreation purpose.
o) "Private Land" for the purpose of this Regulation means all land within the Town boundaries which is not owned or under the direct control and management of the Town and includes all lands of Her Majesty the Queen in right of Canada or of the Province and their respective agencies.
p) "Public Open Space" means all lands owned by or under the direct control and management of the Town other than a Park or Parkland or Street.
q) "Puppy" means a Dog not more than three (3) months in age.
r) "Regulations" means the Town of Paradise Animal Control Regulations, 2013.
s) "SPCA" means the corporation known as The Society for the Prevention of Cruelty to Animals (Newfoundland and Labrador).
t) "Street" means any highway, bridge, road, lane, footway, square, court, alley, passage, cave or firebreak whether used as a thoroughfare or not and a highway as defined in the Highway Traffic Act, RSNL 1990 c. H-3, and includes sidewalks.
a) No person shall keep any Dog, except for a Puppy, within the Town unless a Licence has been issued by the Town for such Dog.
b) The burden of proving that a Dog is under the age of three (3) months shall be upon the Owner of the Dog.
c) A Licence issued by the Town is good for the life of the Dog.
d) The Owner shall advise the Town of any changes in licensing information including, but not limited to, change of ownership, address or phone number.
e) The Town shall keep a register of all Dogs registered pursuant to these Regulations.
a) It shall be the duty of the Owner of every Dog to:
i) Ensure that it is safely tethered or penned up at all times unless otherwise exempted by law;
ii) See that the same is under effective control by means of a leash or other device approved by Council when off the Owner's premises;
iii) To ensure that their Dog does not become a Nuisance to persons in any neighbourhood by reason of barking, or howling.
b) No person shall keep or permit to be kept on any land or in any building in any area of the Town designated as a residential or apartment zone more than three Dogs at any one time, except under the following conditions:
i) Newborn puppies;
ii) Issuance of a special permit by Council to allow;
1. A licenced Kennel operation, or
11. Unregistered breeders complying with SPCA standards;
111. Owners with more than three Dogs that comply with SPCA standards and approval of Council.
c) Any Dog or other Animal which is not under the control of its Owner and which is found damaging or destroying or fouling with excrement any public or private property may be seized by the property owner, it's agent or person injuriously affected and held for collection by the Impounder. Seizing and impounding fees shall be paid by the owner of an Animal seized or impounded.
d) Any Dog or other Animal which is not under the care and control of its Owner and which is found destroying garbage containers or garbage bags may be seized and as well, the Owner is subject to fees as stated in Section 9 of these Regulations and the Owner will also be liable for any costs incurred by the property owner to clean and restore the site to original appearance.
e) Every Owner of a Dog present with the Dog at the time when the Dog fouls with excrement any property (including Town Parkland, Public Open Spaces, Streets and sidewalks, and private land other than land of the Owner of the Dog) shall forthwith remove the excrement. Every Owner who contravenes this Section is guilty of an offence, and in addition to any other penalties imposed by these Regulations, is subject to being denied access to any Park or Parkland.
a) Except where provided for in the Town of Paradise Development Regulations:
i) No person shall keep in any Dwelling or part thereof in the Town any horse, cow, calf, swine, sheep, goat, fowl, goose or duck; and
ii) No person shall keep any Animal of any kind on any land or in any building in the Town without the written permission of the Town. Small domestic pets such as songbirds, guinea pigs, hamsters and others that are considered to be household pets by the Enforcement Authority are exempt from this policy. The Town may by resolution exempt any species, classes, types or categories of Animals generally.
b) Without limiting the generality of the foregoing, the Town may refuse to permit the keeping of any Animal which it considers offensive or likely to create a public Nuisance or health hazard or is perceived as causing a threat to public safety.
If any Dog or other Animal shall bite any person other than its Owner or a member of the Owner's household and while not on the Owner's premises, such Dog or Animal shall be deemed to be a Nuisance and the Owner thereof shall be deemed to have committed an offence in terms of this Regulation.
If any Dog or other Animal shall make any noise in such manner as to disturb the peace or to constitute any annoyance to the residents in the neighbourhood, particularly, without limiting the generality of the foregoing, any Animal barking or howling is deemed a Nuisance and the Owner thereof shall be deemed to have committed an offence in terms of these Regulations.
a) It shall be the duty of the Impounder, who shall have power:
i) To seize and impound any Dogs, horses, homed cattle, sheep and swine or other Animals which may be found straying or at large or causing a Nuisance, in any Street or public place or Park of the Town, or in any open field or common from which free access can be had thereto, and to enter any premises for the purpose of causing a Nuisance as aforesaid or recapturing any such Animal which may escape from his control using any methods of capture;
ii) To deal with Animals impounded according to the following rules:
i. Any Animal that has been seized by the Impounder and is in his opinion so diseased or injured or is in such physical condition that it ought to be destroyed shall be immediately destroyed.
ii. When an Animal has been impounded, the Impounder shall make a record of such impounding in a book to be kept for that purpose. The Council may then but shall not be bound to advertise that such Animal has been impounded.
iii. The Owner may recover the Animal impounded on such proof of his ownership of the Animal as the Impounder may require and upon payment of the impounding fees and expenses together with the registration fee for the current year if unpaid.
iv. The Impounder shall keep any unclaimed Animal in the pound for a minimum of 5 days; or as determined by the Impounder's discretion.
b) Where any person is authorized to destroy any Animal under these Regulations he/she shall do so in a manner as humanely as possible.
c) Where an injured Animal is seized and impounded and is treated by a veterinarian to minimize pain and distress, the Town shall, in addition to any impound fees, be entitled to charge the Owner the costs of the treatment. The cost of such veterinarian treatment shall be recoverable from the Owner before the Animal is released to the Owner. In the event the Owner does not claim the Animal, the amount payable to Council may be recovered from the Owner as a civil debt and shall attach to the property as a secured claim.
a) Prosecution under these Regulations may be taken summarily by any Police Officer, including a Municipal Enforcement Officer or by any other person authorized by Council.
b) Pursuant to Section 401 (1) of the Act, the Enforcement Authority may serve upon the Owner or any other person in violation of a provision of these Regulations, a serially numbered notice advertising the nature of the violation and required action to conform to the standards as set out in these Regulations.
c) The Owner shall carry out the directions of the Enforcement Authority referred to in Section 10 (b) at the cost of the Owner within the time specified. A failure to do so shall constitute an offence under these Regulations.
d) Every person requested by the Impounder, or any person authorized by Council to enforce these Regulations shall upon request, forthwith give his/her proper name and address.
Pursuant to Section 51 of the Urban and Rural Planning Act, 2000, without restricting the powers of the Impounder, any person charged with the enforcement of this Regulation which includes, without limiting the generality of the foregoing, any staff of the Town or members of The Royal Newfoundland Constabulary or Royal Canadian Mounted Police, shall have the power to enter upon all lands private or public and into all buildings for the purpose of carrying out the provisions of these Regulations.
a) Pursuant to Section 404 (5) of the Act, where a person to whom an order is directed does not comply with the order or part of an order made under Section 10 (b) of these Regulations, Council may take the action that it considers necessary to carry out the terms of the order and any costs, expenses or charges incurred by Council in carrying out the term of the order are recoverable from the person against whom the order was made as a civil debt owed to Council and shall attach to the property as a secured claim.
b) Council may delegate to an official or employee of Council the power to issue orders under this Section.
c) Council, its employees, servants or agents shall be saved harmless from any and all claims arising out of the action of Council, its employees, servants or agents in the process of inspecting and/or carrying out work under these Regulations, except in the case of gross negligence.
a) Pursuant to Section 419 (2) of the Act, each day upon which the same offence is committed or continued is a separate offence;
b) Every person who is guilty of an offence under these Regulations or who acts in contravention of or fails to comply with any provision thereof, or neglects or refuses to do so:
i) Shall be liable to penalties as stipulated in accordance with Section 420 of the Municipalities Act 1999;
ii) Shall be subject to a violation notice issued under Section 421.1 (1) of the
Municipalities Act, 1999; or
iii) Shall be issued a ticket under the Provincial Offenses Act in accordance with Section 421.2 of the Municipalities Act, 1999.
A notice of these Regulations was published in The Shoreline newspaper on the 17th day of October, 2013 A.D. and was Gazetted on the 25th day of October, 2013 A.D.