s 323. By-laws[edited to remove non-animal related provisions]
The Council may make by-laws
(a) Nuisances may be prohibited -- for preventing, abating, and prohibiting nuisances;
(b) Disturbing noises -- for regulating the making or causing of noises or sounds anywhere within the city which disturb, or tend to disturb, the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, or of persons in the vicinity, or which, in the opinion of the Council, are objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of individuals or the public; and may make different regulations or prohibitions for different areas of the city; and for providing for exceptional cases, where such noises may, with the permission of the Mayor, be permitted for limited periods, and for providing that the owner or occupant of any real property shall be deemed to be responsible for any noise emanating or which has regularly emanated from such real property and shall be liable to the penalties provided in the by-law; no penalty shall be imposed upon any person as owner without such person being given a reasonable opportunity to show cause why such penalty should not be imposed;
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1955, c. 114, s. 12; 1958, c. 72, ss. 22, 23; 1966, c. 69, s. 13; 1972, c. 67, s. 26; 1973, c. 93, s. 12; 1974, c. 104, s. 35; 1989, c. 73, s. 5; 1990, c. 76, s. 7; 2003, c. 39, s. 101
s 324. By-laws for impounding and keeping of animals, etc.
The Council may make by-laws providing
(a) Impounding of animals -- for the seizure, impounding, and detention of unlicensed dogs and of dogs, horses, cattle, and other animals unlawfully permitted to be upon a street or at large;
(b) Pound charges -- for reasonable charges to be imposed by the city for their seizure, impounding, and detention and their maintenance while impounded;
(c) Disposition of impounded animals -- for their sale or destruction in cases where such charges are not paid or where under the terms of the by-law such sale or destruction is prescribed;
(d) Pounds -- for establishing and maintaining such buildings, yards, enclosures, and other facilities for the keeping and disposition of impounded animals as may be necessary;
(e) Pound-keeper -- for the appointment of a pound-keeper and assistants;
(f) Dogs to be muzzled -- for requiring that owners, possessors, and harbourers of dogs, or any class of dogs, shall keep them effectively muzzled while they are at large or upon a street, or shall keep them on leash, or under the control of a competent person while upon a street, as the by-law may direct;
(g) Keeping of animals -- for regulating the keeping of horses, dogs, cows, goats, swine, rabbits, and other animals, and for defining areas within which such animals may be kept or within which the keeping of them is prohibited;
(h) Regulations of kennels, etc. -- for regulating kennels or other places for the care, breeding, hospitalization, or boarding of cats, dogs, or other animals, including mink, foxes, and other undomesticated animals, and for defining areas within which such kennels or places shall be permitted or within which they are prohibited;
(i) Keeping of birds -- for regulating the keeping of domestic poultry, pigeons, and other birds, and for defining areas within which such birds may be kept or within which the keeping of them is prohibited;
(j) Seizure of any dog that bites -- for the seizure, impounding and detention for a period of up to 21 days of any dog alleged to have bitten a person.
1987, c. 52, s. 27
s 324.1 Dangerous dogs
In this section:
"animal control officer" means
(a) an employee, officer or agent designated by the Council as an animal control officer for the purposes of this section, or
(b) a peace officer;
"dangerous dog" means a dog that
(a) has killed or seriously injured a person,
(b) has killed or seriously injured a domestic animal, while in a public place or while on private property, other than property owned or occupied by the person responsible for the dog, or
(c) an animal control officer has reasonable grounds to believe is likely to kill or seriously injure a person.
In addition to the authority under section 324 but subject to this section, an animal control officer may seize a dog if the officer believes on reasonable grounds that the animal is a dangerous dog.
Before exercising a power under subsection (2), in the case of a dog that has acted as described in paragraph (a) or (b) of the definition of "dangerous dog", the animal control officer must consider whether the dog was acting while in the course of
(a) attempting to prevent a person from committing an unlawful act, or
(b) performing law enforcement work.
An animal control officer may enter a place to exercise the power under subsection (2),
(a) in any case, with the consent of the owner or occupier of the place,
(b) in any case, in accordance with a warrant under subsection (5) or (6), or
(c) if the circumstances referred to in subsection (8) apply, in accordance with that subsection.
If satisfied by evidence given under oath or affirmation that there are reasonable grounds to believe that there is a dangerous dog in a place, a justice may, by warrant, authorize an animal control officer to enter and search the place and to seize the dog.
(a) it is impracticable for an animal control officer to appear personally before a justice to apply for a warrant in accordance with subsection (5), and
(b) the officer believes on reasonable grounds that there is a dangerous dog in a place,
the officer may apply for a warrant in accordance with the regulations under subsection (7).
The Lieutenant Governor in Council may make regulations respecting the authority and procedure for warrants under subsection (6).
Subject to subsection (9), an animal control officer may, without a warrant, enter and search any place except a place that is occupied as a private dwelling, and seize a dog, if the officer believes on reasonable grounds that
(a) the dog is a dangerous dog,
(b) the dog presents an imminent danger to the public, and
(c) the purpose of seizing the dog cannot reasonably be accomplished if the officer is required to obtain a warrant.
For the purposes of subsection (8), an animal control officer who is not a police officer must be accompanied by a police officer.
In addition to any other authority, if an animal control officer has reasonable grounds to believe that a dog is a dangerous dog, the officer may apply to the Provincial Court for an order that the dog be destroyed in the manner specified in the order.
A dog that has been seized under this section may not be impounded and detained for more than 21 days unless court proceedings for a destruction order are commenced within that time.
Section 324(b) applies in relation to seizure under this section.
2000, c. 26, s. 70; 2003, c. 52, s. 512
s 324A. Enforcement of provisions of by-law re nuisance
The Council may, by resolution or by by-law, declare any building, structure, tree, or erection of any kind whatsoever, or any drain, ditch, watercourse, pond, surface water, or any other matter or thing in or upon any private or public lands, street or road, or in or about any building or structure, a nuisance or dangerous to the public safety or health, and may, by such by-law or resolution, as may be directed therein, order that the same shall be removed, pulled down, filled up, or otherwise dealt with by the owner, agent, lessee, or occupier thereof, as the Council may determine, and within such time after the service of the order as may be therein named. Service of the order so made shall be effected by sending a copy of the order by registered mail to the owner of the lands upon which such building, structure, tree, or erection stands, and to all other persons whose names appear on the records of the land title office as having an interest in the said lands, and to the agent, if known, of the registered owner thereof, and to the occupier thereof, if any; the same to be sent to the last-known address of each interested person herein referred to; provided that if the occupier of the lands upon which such building, structure, tree, or erection stands has no address to which the order may be sent by mail, service of the order may be made by posting a copy of the same on said building, structure, tree, or erection. The Council may, by such by-law or resolution, further order that, in case of default by the owner, agent, lessee, or occupier to comply with the order within the period named in such order, such removal, pulling down, filling up, or other dealing with same shall be done by any officer of the corporation authorized for that purpose by the said resolution or by-law, at the cost of such owner, and payment of such costs and all expenses incidental thereto may be enforced against the owner thereof by such officer in an action in any Court of competent jurisdiction; provided, however, that such order or orders of the Council shall not be carried into effect until the expiration of sixty days after the date of service by registered mail or by posting as aforesaid.
It shall be lawful for the Council by the said resolution or by-law to order that any building, structure, tree, or erection so ordered to be dealt with, or any part or material thereof, shall be sold by auction or tender, or by private sale subject to the approval of the Council, or shall be otherwise disposed of in the discretion of the Council, and such sale or disposal may be effected at any time after the expiration of the period named in the order or orders herein referred to and after service thereof pursuant to this section. From the proceeds of such sale or disposal shall be deducted for the use of the city the actual costs and disbursements incurred by the city in carrying out the said pulling down, removal, sale, and disposal under the provisions of this section, and the remainder of such proceeds shall be paid by the city to the owner or owners, or other persons lawfully entitled thereto, who are interested in the lands from which any such building, structure, tree, or erection, or part or material thereof, has been so removed, pulled down, sold, or otherwise disposed of.
The provisions of this section shall apply to any building, structure, or erection of any kind whatsoever which, in the opinion of the Council, is in so dilapidated or uncleanly a condition as to be offensive to the community.
1957, c. 85, s. 9; 1978, c. 25, s. 334; 1997, c. 25, s. 184 (Sched. 3); 1999, c. 38, s. 64