Municipality of the County of Colchester. Kennel Development By-law

Transcription

1 Municipality of the County of Colchester Kennel Development By-law 1. Title and Scope 1.1 This By-law is enacted pursuant to Section 172 of the Municipal Government Act, SNS 1998, and c 18 and shall be known and may be cited as the Kennel Development By-law of the Municipality of Colchester and shall apply to all lands within the Municipality. 1.2 This By-law does not exempt any person from complying with the requirements of other by-laws or regulations in force within the Municipality of Colchester and from obtaining any licence, permission, permit, authority or approval as otherwise required by the Municipality, the Province of Nova Scotia, and/or the Government of Canada. 1.3 This By-law shall apply to all Kennels including those existing prior to the effective date of this By-law. 1.4 This By-law shall not apply to: 2. Purpose an animal shelter operated by or on behalf of the Municipality, or a public authority; a publicly-funded educational institute; an animal shelter operated by a branch or affiliate of the Nova Scotia Society for the Prevention of Cruelty to Animals; a veterinary hospital, clinic, office or veterinary service lawfully operated and supervised by a veterinarian licenced to practice in Nova Scotia; a facility in which animals are placed for care pursuant to the Animal Protection Act, SNS 2008, c 33; a location or premises in the Municipality where the dog(s) at that location are individually licensed with a dog tag and owned by a person residing at the property, only where the number of dogs kept is not more than four (4). 2.1 This By-law is intended to prohibit any kinds of Kennels for the boarding of dogs in the Municipality of Colchester.

2 2 3. Definitions For the purposes of this By-law: 3.1 ACCESSORY BUILDING means a subordinate building on the same lot as the main building devoted exclusively to an accessory use but does not include a building attached by means of any common wall to the main building; 3.2 BOARDING means the taking of custody of a dog for the keeping, accommodation, care, training, feeding, grooming, and may include for a fee, reward, or compensation at a property other than the place of residence of the dog(s); 3.3 COUNCIL means the Council of the Municipality of the County of Colchester; 3.4 DEVELOPMENT OFFICER means the person appointed by Council under the authority of the Municipal Government Act to administer the provisions of the Land Use Bylaw; 3.5 DOG means a male or female canine of any breed of domesticated dog, or cross breed domesticated dog; 3.6 KENNEL means all of the following: BOARDING KENNEL means any premises or part thereof where more than three (3) dogs over the age of twenty (20) weeks are boarded, raised or trained, for any period of time that includes daycare services and/or an overnight stay, for remuneration; IN-HOME BREEDING KENNEL means any premises or part thereof where more than three (3) and less than eleven (11) dogs over the age of twenty (20) weeks, or more than three (3) dogs over the age of twenty (20) weeks where the primary housing for the dogs is in an accessory building or structure on the property, are owned and being bred and raised; RECREATIONAL KENNEL means any premises or part thereof where more than three (3) dogs and less than eleven (11) dogs over the age of twenty (20) weeks, or more than three (3) dogs over the age of twenty (20) weeks where the primary housing for the dogs is in an accessory building(s) or structure(s) on the property, are owned and

3 3 4. Kennels Prohibited raised for non-commercial recreational purposes, but are not bred for sale. 4.1 No person shall be permitted to establish or operate any type of Kennel within Colchester County. 5. Existing Kennels 5.1 Any Kennel that was in lawful existence prior to the effective date of this bylaw shall be deemed to comply with this by-law and may be maintained or repaired to the same location, height and dimensions as previously existed. 6. Enforcement 6.1 Right of Inspection The Development Officer may, for the purpose of ensuring compliance with this By-law, enter in or upon any land or premises at any reasonable time upon reasonable notice where any type of Kennel is being operated or where there are reasonable grounds to believe a Kennel is being operated For the purposes of an inspection, an officer may: (a) (b) (c) (d) require the production for inspection of any document or things relevant to the inspection; inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; require information from any person concerning a matter related to the inspection; and alone or in conjunction with a person possessing special or expert knowledge, make examination or take photographs necessary for the purposes of the inspection No person shall withhold, destroy, conceal or refuse to furnish any information or thing required by an officer for the purposes of an inspection.

4 No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an officer If any individual or organization attempts to interfere or interferes with the Development Officer in the exercise of a power pursuant to this By-law, the Development Officer may apply to a judge of the Supreme Court of Nova Scotia for an order to allow the Development Officer to enter in or upon the premises for the purpose of ensuring compliance with this By-law and for an order restraining the individual or organization from future interference. 7. Offences and Penalties 7.1 It shall be an offence to: contravene any provision of this By-law; contravene any condition in a Licence issue or renewed pursuant to this By-law; or fail to comply with any representations contained within an application upon which a Licence was issued or renewed pursuant to this By-law. 7.2 Notwithstanding any other By-law of the Municipality, any individual or organization who contravenes any provision of this By-law is punishable on summary conviction as follows: 8. Severability for a first offence, by a fine of not less than $1,000 and not more than $5,000 and in default of payment to imprisonment of not more than two (2) months; for a second offence, by a fine of not less than $2,000 and not more than $10,000 and in default of payment to imprisonment of not more than two (2) months; for a third and subsequent offence, by a fine of not less than $5,000 and not more than $20,000 and in default of payment to imprisonment of not more than two (2) months. 8.1 Each and every of the foregoing clauses of this By-law is severable and if any provision of this By-law should for any reason be declared invalid by any

5 5 court, it is the intention and desire of the Council of the Municipality that each and every of the then remaining provisions hereof should remain in full force and effect.