Bylaw_Cats

A Bylaw of theTown of Wakaw to regulate and control the ownership and possession of cats within the Town.

WHEREAS it is recognized that a well-cared for cat can provide companionship for its owners;

AND WHEREAS it is also recognized that some cats may create a nuisance for neighboring properties;

AND WHEREAS Council considers it to be in the public interest to pass a bylaw which balances these benefits and nuisance;

AND WHEREAS the Town of Wakaw is empowered by Section 135 of The Urban Municipality Act, 1984 s.s. 1983-84, c. U-11 to regulate and control persons owning or harboring any animal within the Town of Wakaw;

NOW THEREFORE, THE COUNCIL OF THE TOWN OF WAKAW IN OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS:

1. This Bylaw may be referred to as the "Town of Wakaw Cat Control Bylaw".

2. (1) In this Bylaw, unless the context otherwise requires, the expression:

"Animal Control Officer" means any employee of the Town of Wakaw, any member of the RCMP and any other person or agency appointed by Council to restrain, receive or impound cats;

"Cat Run" means a permanent structure outside of a residential dwelling unit, used for the containment of a cat;

"Nuisance" includes fighting with other cats, defecating or spraying, howling or hissing at night, digging in flower beds or garbage containers and trespassing on private property;

ii) the person responsible for the custody of a minor where the minor is the owner of the cat

2) Explanatory notes included in this Bylaw are intended to assist in the interpretation of the provisions, but shall not derogate from any powers or duties created or imposed by the Bylaw.

3) If any section, subsection, sentence, clause, phrase or other portion of this Bylaw is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, that portion shall be deemed a separate, distinct and independent provision and the holding of the Court shall not affect the validity of the remaining portions of the Bylaw.

3. It shall be unlawful for any owner of a cat to allow the cat to cause a nuisance in the Town of Wakaw.

4. (1) Where an Animal Control Officer receives a complaint of a nuisance

(b) issue a trap to the complainant upon execution by the complainant of an agreement as set out in Schedule "A" to this Bylaw.

(2) Where a trap is issued pursuant to clause 4(1)(b), the complainant shall:

(a) hold the cat for three days, unless earlier claimed by the owner of the cat;

(b) attempt to notify the owner of the cat, if known, of the impoundment

(a) providing reasonable proof of ownership to the Animal Control Officer; and

(b) paying an impoundment charge of Thirty Dollars ($30.00) and a housing charge of Ten Dollars ($10.00) per day or portion thereof for every day held after three days.

(5) Where a cat is not claimed by the owner within three days of impoundment, the Animal Control Officer may dispose of the cat:

(6) Notwithstanding the above, any cat suspected of having rabies or other life threatening disease shall be isolated and may not be claimed, destroyed or otherwise disposed of except after notice to the Medical Health Officer of the Town and then only in compliance with the direction of the Medical Health Officer.

5. (1) Where cats are housed or kept in a cat run, the owner of the cats shall:

(a) daily cause all defecation to be removed from the cat run and disposed of in a sanitary manner;\

(ii) located no closer than on metre of any property line and no closer than five metres of any neighboring dwelling unit.

(2) The Medical Health Officer may order the owner of any cat housed or kept in a cat run and the owner or occupant of any property upon which a cat run is located to remedy any contravention of the duties or minimum requirements set out in this section within a period of time specified in the Order.

6. (1) It shall be unlawful for any person to be or become an owner of a cat that

is actually or apparently over six months of age unless the cat has been sterilized or unless the person holds a valid cat breeding permit for an unsterilized cat as provided for in this Bylaw.

7. The Animal Control Officer may in prescribed form an application which will be required by any person who wished to obtain a cat breeding permit that will exempt that person from the provisions of Section 6 during the life of the permit.

8. The Animal Control Officer may, upon receiving an application completed in the form as set out in Schedule "B" to this Bylaw and the fees for a cat breeding permit, issue a cat breeding permit, which permit will be valid for a period of three years form the date of issuance.

9. The fee for a cat breeding permit issued pursuant to the Bylaw is $100.00.

10. An owner who holds a cat breeding permit is responsible for ensuring that the cat to which the permit relates is not permitted to cause a nuisance in the Town.

11. If a cat, with or without identification, has not been sterilized, the person claiming ownership may be cited by the Animal Control Officer for a violation of Section 6. The penalty for violating Section 6 shall be waived upon:

(a) purchase of a cat breeding permit as provided for in this Bylaw; or

(b) proof that the cat has been sterilized being furnished to the Animal Control Officer within 30 days after the date the citation was issued.

12. The Animal Control Officer, or his or her authorized designates, is hereby authorized to enter at all reasonable times upon any property subject to any of the regulations are being obeyed.

13. Any person who contravenes any provision of this Bylaw is guilty of an offense punishable on summary conviction by a fine of not less than thirty-five dollars ($35.00) and not exceeding five hundred dollars ($500.00) or, in default of payment by an individual, by imprisonment for a term of not more than thirty (30) days.



	TOWN OF WAKAW BYLAW NO. 4 OF 2002 A Bylaw of theTown of Wakaw to regulate and control the ownership and possession of cats within the Town. WHEREAS it is recognized that a well-cared for cat can provide companionship for its owners; AND WHEREAS it is also recognized that some cats may create a nuisance for neighboring properties; AND WHEREAS Council considers it to be in the public interest to pass a bylaw which balances these benefits and nuisance; AND WHEREAS the Town of Wakaw is empowered by Section 135 of The Urban Municipality Act, 1984 s.s. 1983-84, c. U-11 to regulate and control persons owning or harboring any animal within the Town of Wakaw; NOW THEREFORE, THE COUNCIL OF THE TOWN OF WAKAW IN OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS: TITLE 1. This Bylaw may be referred to as the "Town of Wakaw Cat Control Bylaw". INTERPRETATION 2. (1) In this Bylaw, unless the context otherwise requires, the expression: "Animal Control Officer" means any employee of the Town of Wakaw, any member of the RCMP and any other person or agency appointed by Council to restrain, receive or impound cats; "Cat Run" means a permanent structure outside of a residential dwelling unit, used for the containment of a cat; "Council" means the Council of the Town of Wakaw "Nuisance" includes fighting with other cats, defecating or spraying, howling or hissing at night, digging in flower beds or garbage containers and trespassing on private property; "Owner" includes: i) a person who keeps, possesses or harbors a cat; ii) the person responsible for the custody of a minor where the minor is the owner of the cat "Poundkeeper" shall mean any person, firm or corporation appointed by Council whose duties shall be to manage and operate the animal shelter and Town Pound. "Town" means the Town of Wakaw 2) Explanatory notes included in this Bylaw are intended to assist in the interpretation of the provisions, but shall not derogate from any powers or duties created or imposed by the Bylaw. 3) If any section, subsection, sentence, clause, phrase or other portion of this Bylaw is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, that portion shall be deemed a separate, distinct and independent provision and the holding of the Court shall not affect the validity of the remaining portions of the Bylaw. NUISANCE 3. It shall be unlawful for any owner of a cat to allow the cat to cause a nuisance in the Town of Wakaw. 4. (1) Where an Animal Control Officer receives a complaint of a nuisance caused by a cat, the Animal Control Officer may: (a) seize and impound any cat found causing a nuisance; (b) issue a trap to the complainant upon execution by the complainant of an agreement as set out in Schedule "A" to this Bylaw. (2) Where a trap is issued pursuant to clause 4(1)(b), the complainant shall: (a) abide by the terms of the Cat Trap Permit agreement; (b) personally check the trap each hour while the trap is set; (c) in the event a cat is trapped, immediately take the trapped cat to the Town Pound; (3) Where a cat is impounded, the Animal Control Officer shall: (a) hold the cat for three days, unless earlier claimed by the owner of the cat; (b) attempt to notify the owner of the cat, if known, of the impoundment (4) An owner of a cat which has been impounded may claim the cat by: (a) providing reasonable proof of ownership to the Animal Control Officer; and (b) paying an impoundment charge of Thirty Dollars ($30.00) and a housing charge of Ten Dollars ($10.00) per day or portion thereof for every day held after three days. (5) Where a cat is not claimed by the owner within three days of impoundment, the Animal Control Officer may dispose of the cat: (a) by a transfer to the nearest Humane Society for public adoption;\ or (b) by humane destruction (6) Notwithstanding the above, any cat suspected of having rabies or other life threatening disease shall be isolated and may not be claimed, destroyed or otherwise disposed of except after notice to the Medical Health Officer of the Town and then only in compliance with the direction of the Medical Health Officer. CAT RUNS 5. (1) Where cats are housed or kept in a cat run, the owner of the cats shall: (a) daily cause all defecation to be removed from the cat run and disposed of in a sanitary manner;\ (b) ensure that the cat run meets the following minimum requirements: (i) must contain a shelter to protect the cat from the elements; (ii) located no closer than on metre of any property line and no closer than five metres of any neighboring dwelling unit. (2) The Medical Health Officer may order the owner of any cat housed or kept in a cat run and the owner or occupant of any property upon which a cat run is located to remedy any contravention of the duties or minimum requirements set out in this section within a period of time specified in the Order. STERILIZATION OF CATS 6. (1) It shall be unlawful for any person to be or become an owner of a cat that is actually or apparently over six months of age unless the cat has been sterilized or unless the person holds a valid cat breeding permit for an unsterilized cat as provided for in this Bylaw. CAT BREEDING PERMITS 7. The Animal Control Officer may in prescribed form an application which will be required by any person who wished to obtain a cat breeding permit that will exempt that person from the provisions of Section 6 during the life of the permit. 8. The Animal Control Officer may, upon receiving an application completed in the form as set out in Schedule "B" to this Bylaw and the fees for a cat breeding permit, issue a cat breeding permit, which permit will be valid for a period of three years form the date of issuance. 9. The fee for a cat breeding permit issued pursuant to the Bylaw is $100.00. 10. An owner who holds a cat breeding permit is responsible for ensuring that the cat to which the permit relates is not permitted to cause a nuisance in the Town. ENFORCEMENT 11. If a cat, with or without identification, has not been sterilized, the person claiming ownership may be cited by the Animal Control Officer for a violation of Section 6. The penalty for violating Section 6 shall be waived upon: (a) purchase of a cat breeding permit as provided for in this Bylaw; or (b) proof that the cat has been sterilized being furnished to the Animal Control Officer within 30 days after the date the citation was issued. 12. The Animal Control Officer, or his or her authorized designates, is hereby authorized to enter at all reasonable times upon any property subject to any of the regulations are being obeyed. PENALTIES 13. Any person who contravenes any provision of this Bylaw is guilty of an offense punishable on summary conviction by a fine of not less than thirty-five dollars ($35.00) and not exceeding five hundred dollars ($500.00) or, in default of payment by an individual, by imprisonment for a term of not more than thirty (30) days.