Village of Harris
R.M. of Harris No. 316
Village of Harris Bylaws
Bylaws
BYLAW # 122-2013
A BYLAW OF THE VILLAGE OF HARRIS TO PROVIDE FOR THE ABATEMENT OF NUISANCES
The Council of the Village of Harris in the Province of Saskatchewan enacts as follows:
Short Title
1. This Bylaw may be cited as The Nuisance Abatement Bylaw.
Purpose
2. The purpose of this Bylaw is to provide for the abatement of nuisances, including property, activities, or things that adversely affect:
a) the safety, health or welfare of people in the neighbourhood;
b) people’s use and enjoyment of their property; or
c) the amenity of a neighbourhood.
Definitions
3. In this Bylaw:
a) “Designated Officer” means an employee or agent of the Municipality appointed by Council to act as a municipal inspector for the purposes of this Bylaw;
b) “building” means a building within the meaning of The Municipalities Act;
c) “Municipality” means the Village of Harris;
d) “Council” means the Council of the Village of Harris;
e) “junked vehicle” means any automobile, tractor, truck, trailer or other vehicle that
i) either:
(1) has no valid license plates attached to it; or
(2) is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative or abandoned condition; and
ii) is located on private land, but that:
(1) is not within a structure erected in accordance with any Bylaw respecting the erection of buildings and structures in force within the Municipality; and
(2) does not form a part of a business enterprise lawfully being operated on that land;
f) “nuisance” means a condition of property, or a thing, or an activity, that adversely affects or may adversely affect:
i) the safety, health or welfare of people in the neighbourhood;
ii) people’s use and enjoyment of their property; or
iii) the amenity of a neighbourhood
and includes:
i) a building in a ruinous or dilapidated state of repair;
ii) an unoccupied building that is damaged and is an imminent danger to public safety;
iii) building surfaces that create imminent danger to public safety;
iv) land that is overgrown with grass and weeds;
v) untidy and unsightly property;
vi) junked vehicles;
vii) open excavations on property; and
viii) failure to remove snow and ice from sidewalks in a timely manner,
g) “occupant” means an occupant as defined in The Municipalities Act;
h) “owner” means an owner as defined in The Municipalities Act;
i) “property” means land or buildings or both;
j) “structure” means anything erected or constructed, the use of which requires temporary or permanent location on, or support of, the soil, or attached to something having permanent location on the ground or soil; but not including pavements, curbs, walks or open air surfaced areas.
k) “Street Right-of-Way” means all or any part of a road allowance, public highway, road, street, thoroughfare, lane, alley, walkway, sidewalk, boulevard, ditch, culvert, gutter or drain.
Responsibility
4. Unless otherwise specified, the owner of a property, including land, buildings and structures, shall be responsible for carrying out the provisions of this Bylaw.
Nuisances Prohibited Generally
5. No person shall cause or permit a nuisance to occur on any property owned by that person.
Dilapidated Buildings
6. Notwithstanding the generality of section 5, no person shall cause or permit a building or structure to deteriorate into a ruinous or dilapidated state such that the building or structure:
a) is dangerous to the public health or safety;
b) substantially depreciates the value of other land or improvements in the neighbourhood; or
c) is substantially detrimental to the amenities of the neighbourhood.
Unoccupied Buildings
7. Notwithstanding the generality of section 5, no person shall cause or permit an unoccupied building to become damaged or to deteriorate into a state of disrepair such that the building is an imminent danger to public safety. No person shall cause or permit building materials to create situations which are a danger to public safety.
Overgrown Grass and Weeds
8. Notwithstanding the generality of section 5, no owner or occupant of land shall cause or permit the land to be overgrown with grass or weeds.
9. For the purposes of this section 8 of this bylaw, “overgrown” means in excess of 0.20 metres in height.
10. Section 8 of this bylaw shall not apply to any growth which forms part of a natural garden that has been deliberately planted to produce ground cover, including one or more species of wildflowers, shrubs, perennials, grasses or combinations of them, whether native or non-native, consistent with a managed and natural landscape other than regularly mown grass.
Untidy and Unsightly Property
11. Notwithstanding the generality of section 5, no person shall cause or permit any land or buildings to become untidy and unsightly.
Junked Vehicles
12. Notwithstanding the generality of section 5, no person shall cause or permit any junked vehicle to be kept on any land owned by that person.
Open Excavations
13. Notwithstanding the generality of section 5, no person shall cause or permit any basement, excavation, drain, ditch, watercourse, pond, surface water, swimming pool or other structure to exist in or on any private land or in or about any building or structure which is dangerous to the public safety or health.
Maintenance of Yards
14. Notwithstanding the generality of section 5, no person shall cause or permit on any property owned by that person:
a) an infestation of rodents, vermin or insects;
b) any dead or hazardous trees; or
c) any sharp or dangerous objects.
Outdoor Storage of Materials
15. Any building materials, lumber, scrap metal, boxes or similar items stored in a yard shall be neatly stacked in piles and elevated off the ground so as not to constitute a nuisance or harbourage for rodents, vermin and insects.
16. Materials referred to in section 15 shall be elevated at least 0.15 metres off the ground and shall be stacked at least 3.0 metres from the exterior walls of any building and at least 1.0 metre from the property line.
Refrigerators and Freezers
17. Any refrigerator or freezer left in a yard shall first have its hinges, latches, lid, door or doors removed.
Snow Removal
18. No person shall deposit or cause to be deposited, ice or snow on any street right-of-way, boulevard or sidewalk.
Fences
19. Fences shall be maintained in a safe and reasonable state of repair.
Enforcement of Bylaw
20. The administration and enforcement of this bylaw is hereby delegated to the Administrator for theVillage of Harris.
21. The Administrator of the Village of Harris is hereby authorized to further delegate the administration and enforcement of this bylaw to the Bylaw Enforcement Officer.
Inspections
22. The inspection of property by the Municipality to determine if this bylaw is being complied with is hereby authorized.
23. Inspections under this Bylaw shall be carried out in accordance with section 362 of The Municipalities Act.
24. No person shall obstruct a Designated Officer who is authorized to conduct an inspection under this section, or a person who is assisting a Designated Officer.
Order to Remedy Contraventions
25. If a Designated Officer finds that a person is contravening this bylaw, the Designated Officer may, by written order, require the owner or occupant of the property to which the contravention relates to remedy the contravention.
26. Orders given under this bylaw shall comply with section 364 of The Municipalities Act.
27. Orders given under this bylaw shall be served in accordance with section 390 of The Municipalities Act.
Registration of Notice of Order
28. If an order is issued pursuant to section 24, the Municipality may, in accordance with section 364 of The Municipalities Act, give notice of the existence of the order by registering an interest against the title to the land that is the subject of the order.
Appeal of Order to Remedy
29. A person may appeal an order made pursuant to section 24 in accordance with Section 365 of The Municipalities Act.
Municipality Remedying Contraventions
30. The Municipality may, in accordance with Section 366 of The Municipalities Act, take whatever actions or measures are necessary to remedy a contravention of this bylaw.
31. In an emergency, the Municipality may take whatever actions or measures are necessary to eliminate the emergency in accordance with the provisions of Section 367 of The Municipalities Act.
Recovery of Unpaid Expenses and Costs
32. Any unpaid expenses and costs incurred by the Municipality in remedying a contravention of this bylaw may be recovered either:
a) by civil action for debt in a court of competent jurisdiction in accordance with Section 368 of The Municipalities Act; or
b) by adding the amount to the taxes on the property on which the work is done in accordance with Section 369 of The Municipalities Act.
Offences and Penalties
33. No person shall:
a) fail to comply with an order made pursuant to this bylaw;
b) obstruct or interfere with any Designated Officer or any other person acting under the authority of this bylaw; or
c) fail to comply with any other provision of this bylaw.
34. A Designated Officer who has reason to believe that a person has contravened any provision of this bylaw may serve on that person a Notice of Violation, which Notice of Violation shall indicate that the Municipality will accept voluntary payment in the sum of $500.00 (five Hundred Dollars) to be paid to the Municipality within 7 (Seven) days.
35. Where the Municipality receives voluntary payment of the amount prescribed under Section 33 within the time specified, the person receiving the Notice of Violation shall not be liable to prosecution for the alleged contravention.
36. Payment of any Notice of Violation does not exempt the person from enforcement of an order pursuant to Section 24 of this bylaw.
37. Every person who contravenes any provision of Section 32 is guilty of an offence and liable on summary conviction:
a) in the case of an individual, to a fine of not more than $10,000;
b) in the case of a corporation, to a fine of not more than $25,000; and
c) in the case of a continuing offence, to a maximum daily fine of not more than $2,500 per day.
Coming Into Force
38. This bylaw shall come into force on the day of its final passing.
Signature on FileMayor / Reeve{Seal}Signature on FileAdministrator
Clauses 8(1)(b) & 8(1)(d) The Municipalities Act
Read a third time and adopted
this 1st day of May, 2013
BYLAW # 114-2009
A BYLAW OF THE VILLAGE OF HARRIS TO PROHIBIT CERTAIN ACTIVITIES CREATING NOISE AND TO ABATE THE INCIDENCE OF NOISE AND TO RESTRICT THE HOURS WHEN CERTAIN SOUNDS MAY BE MADE
The Council of the Village of Harris in the Province of Saskatchewan enacts as follows:
Short Title
1. This Bylaw may be cited as The Noise Bylaw.
Purpose
2. The purpose of the Bylaw is to provide for the abatement of noise nuisances which include things that adversely affect:
a) the safety, health or welfare of people in the neighbourhood;
b) people’s use and enjoyment of their property; or
c) the amenity of a neighbourhood.
Definitions
3. In this Bylaw, including this section:
a) “municipality” means the Village of Harris;
b) “holiday” means any statutory holiday as defined in The Interpretation
Act, 1995, and amendments thereto, or any holiday proclaimed as such by
the municipality;
c) “motor vehicle” means “motor vehicle” as defined in The Vehicle
Administration Act;
d) “residential building” means a building which is constructed as a
dwelling for human beings;
e) “signaling device” means a horn, gong, bell, klaxon, siren or other
device producing an audible sound for the purpose of drawing people’s
attention to an approaching vehicle, including a bicycle;
f) “weekdays” means any day other than a Sunday or holiday.
General Prohibition
4. (1) Except to the extent it is allowed by this Bylaw, no person shall make,
or continue to make, or cause to be made, or allow to be made, or allow to
be continued to be made, any loud noise, or any unnecessary noise, or any
unusual noise.
(2) Except to the extent it is allowed by this Bylaw, no person shall make, or continue to make, or cause to be made or cause to be continued, or allow to be made, or allow to be continued, any noise whatsoever which either annoys, disturbs, injures, endangers or detracts from the comfort, repose, health, peace or safety of other persons within the limits of the municipality.
(3) What is a loud noise, an unnecessary noise, an unusual noise, or a noise which annoys, disturbs, injures or endangers the comfort repose, health, peace or safety of other persons is a question for a court which hears a prosecution of an offence against this Bylaw.
Domestic Noises
5. Without restricting the generality of Section 4, no person shall operate or allow to be operated a powered lawn mower of any kind, or chainsaws of any kind, or a snow clearing device powered by an engine of any type or a model aircraft driven by an internal combustion engine in any residential district between the hours of:
a) 11 o’clock in the evening and 6 o’clock of the next forenoon weekdays;
b) 12 o’clock in the evening and 8 o’clock in the forenoon of the following
day which is a Sunday or holiday.
6. No person who owns, keeps, houses, harbours or allows to stay in his premises a dog(s) shall allow such dog(s) to bark excessively or howl excessively.
7. (1) No person being the owner or occupant of any premises shall operate, or permit to be operated, or suffer to be operated, or allow to be operated, play or allow to be played, any radio, phonograph, record player, tape recorder, television set, musical instrument, or any other apparatus, appliance, device or machine used for the production or amplification of sound, either in or on private premises in a residential district in such a manner that the same can be easily heard by an individual or member of the public who is not on the same premises from which such noise or sound emanates.
(2) For the purpose of this Bylaw, “premises” shall mean the area contained within the boundaries of any lot and includes any building or motor vehicle situated within such boundaries. Provided, however, that where any building contains more than one dwelling unit, each dwelling unit, or common area of such building and the land surrounding the building within the boundaries of the lot shall be deemed to be separate premises.
(3) For the purpose of this Bylaw, “occupant” shall mean the owner, occupant or licensee of the premises or any person found on the premises at or around the time when the noise or sound issues from the premises.
Construction Noises
8. Except in an emergency, no person shall carry on the construction, erection, demolition, alteration or repair of any type of building or structure which involves hammering, sawing, drilling or the use of any machine, tools or any other equipment capable of creating a sound beyond the boundaries of the site on which the activity is being carried on, after the hour of 10 o’clock in the evening and before the hour of 7 o’clock in the morning of any day.
9. Except in an emergency, no person shall operate or allow to be operated a cement mixer, a cement mixer truck, a gravel crusher, a riveting machine, a trenching machine, a drag line, an air or steam compressor, a jack hammer or pneumatic drill, a tractor or bulldozer or any other tools, device or machine in any residence between the hours of 10 o’clock in the evening and 7 o’clock in the morning.
Advertising Noises
10. No person shall advertise any event or merchandise by ringing bells, blowing whistles, calling loudly, playing music, playing any type of musical instrument, playing or using any type of noise making instrument, or by the use of loud speakers or other devices for the amplification of sound, or by any other audible means, on any street or other public place or in any building or premises with the intention or result that the sound therefrom shall be or is audible to persons using or frequenting any street or other public place.
Diesel Motors
11. No person shall allow the diesel motor on a tractor which pulls a trailer or on a semi-trailer truck or medium duty truck to remain running for longer than 30 minutes while the tractor-trailer, medium duty truck or tractor alone, is stationary in a residential district.
Exceptions
12. The provision of this Bylaw shall not apply to:
a) the ringing of bells in churches, religious establishments and schools;
b) the moderate use of musical instruments to call attention to an opportunity to contribute to a collection made for a charitable undertaking during the Christmas season or at any other time;
c) the playing of a band, the sounding of steam whistle, the sounding of motor vehicles; horns or the use of sound amplification equipment used in connection with any parade;
d) the moderate playing of musical instruments appropriate to any religious street service;
e) the sounding of a general or a particular alarm or warning to announce a fire or other emergency or disaster;
f) the sounding of police whistles or the sirens on any vehicle used by the police or fire department or on any ambulance or public service vehicle;
g) any use of sound amplification equipment used by the police, fire department or any ambulance service or public service;
h) the use in a reasonable manner of any apparatus or mechanism for the amplification of the human voice or of music in a public park or any other commodious space in connection with any public election meeting, public celebration, or other reasonable gathering.
i) unrestricted hours for the use of municipal machinery in the removal of excessive snowfall;
j) clearing of snow using a powered snowplow to clear driveways for those persons who need their vehicles for work or in an emergency situation.
Penalties
13. Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable on summary conviction to a fine not in excess of Five Hundred ($500.00) dollars, under the General Penalty bylaw of the municipality.
Coming Into Force
14. This Bylaw shall come into force and take effect on the day of the final passing thereof.
Certified a true and correct copy Signature on File
of Bylaw No. 114-09 adopted Mayor
by resolution of Council the 7th
day of October 2009. Signature on File
Clerk
BYLAW # 3-2016
A BYLAW OF THE VILLAGE OF HARRIS TO REGULATE SNOWMOBILES WITHIN VILLAGE LIMITS OF HARRIS
The Council of the Village of Harris in the Province of Saskatchewan enacts as follows:
Definitions
In this bylaw, including this section:
(a)” street” shall include any travelled portion of a street or lane up to but not including
the boulevard section.
(b) “provincial highway” means a highway as defined in The Highways and Transportation Act.
(c) “Village” means the Village of Harris.
2. General Rules
1. Pursuant to section 23 of The Snowmobile Act no person shall operate a snowmobile
that is required to be registered under that Act without due care and attention, or
without reasonable consideration for other persons or property.
2. Pursuant to section 3(1) of The Snowmobile Act no person shall operate or authorize or
permit any other person to operate a snowmobile unless:
(a) that person has obtained:
(i) a certificate of registration for the snowmobile; or
(ii) a registration permit for the snowmobile.
3. Pursuant to section 15(2) of The Snowmobile Act no person shall operate a snowmobile that is required to be registered under that Act unless that person:
(a) holds a class 1, 2, 3, 4 or 5 driver’s license;
(b) is born on or after January 1, 1989 and holds a safety course certificate; or
(c) is 12 years of age or older but less than 16 years of age and has completed a safety
course if that person is:
(i) accompanied on the snowmobile by another person who holds a class
1, 2, 3, 4 or 5 driver’s license; or
(ii) accompanied and supervised by another person who holds a class 1, 2, 3,
4, or 5 driver’s license and is operating another snowmobile.
4. A person is authorized to operate a snowmobile on the traveled portion of any municipal street or lane, for the purpose of leaving or entering the Village of Harris at is shortest distance.
5. Pursuant to section 21(1) and 21(3) of The Snowmobile Act no person shall operate a snowmobile on the travelled portion of a highway except for the purposes of crossing a highway. When crossing a highway:
(a) the operator must stop the snowmobile before entering on the travelled portion of the highway;
(b) take the most direct route across the highway and,
(c) when entering onto a highway, shall do so from an established public highway approach.
6. The provisions of this bylaw shall not apply to:
(a) a member of the Royal Canadian Mounted Police, Conservation Officer, or Bylaw Enforcement Officer, while exercising their duties as an officer of the law;
(b) the use of snowmobiles during a declaration of a local emergency within the village;
(c) special events by the approval of the Village council;
(d) the use of snowmobiles as approved by council while in the operation of snow removal or landscaping on village-owned property or private property, directly from the place of residence of the owner, by the most direct route and return,
(e) a land surveyor or contractor registered in the Province of Saskatchewan in the
Performance of the duties of surveying land or construction work within the village.
7. Pursuant to 21.2(2) of The Snowmobile Act, snowmobiles may not operate in the Village
of Harris at speeds in excess of forty (40) kilometers per hour or as otherwise indicated
in restricted areas.
8. All other applicable sections of The Snowmobiles Act and corresponding Regulations
Shall apply to the operation of snowmobiles within the village limits
9. Snowmobile operators shall follow the rules of the road as set out in The Traffic
Safety Act and corresponding Regulations.
10. No section of this bylaw shall supersede or preside over, any section of The Traffic
Safety Act and corresponding Regulations of The Snowmobiles Act or any corresponding
Regulations.
11. Any person found guilty of an infraction of this Bylaw shall be liable on summary conviction to the penalties set out in The Traffic Safety Act, The Snowmobile Act or any corresponding Regulations.
12. This Bylaw shall come into force and take effect on the date of the signing thereof.
Signature on File
Mayor
Signature on File
Administrator
Certified a True Copy of Bylaw No. 3-2016
Adopted by Resolution by Council on the
6th day of January, 2016.
BYLAW # 3-2018
A BYLAW OF THE VILLAGE OF HARRIS TO REGULATE THE USE OF SHIPPING CONTAINERS WITHIN VILLAGE LIMITS OF HARRIS
The Council of the Village of Harris in the Province of Saskatchewan enacts as follows:
1. Definitions
In this bylaw, including this section:
(a)” Council” shall mean the Village Council ;
(b) “Shipping Container” shall mean a prefabricated metal containers or box specifically constructed for the transport by ship, rail or transport truck;
(c) “Village” means the Village of Harris;
2. General Rules
a) All shipping containers moved in to the Village must have a building permit and be approved by Council.
b) Only one 40 foot container or two 20 foot containers will be allowed per property.
c) Shipping containers can only be used for storage purposes as an accessory to the principal use of the site and must remain compliant with site requirements in those zoning districts.
d) Shipping Containers must be repainted to neutral colors, determined by council, conducive to the neighbourhood prior to their placement. Containers must be free from rust, numbers and lettering.
e) Shipping containers may not be placed in any front yard
f) Shipping containers may not be placed to create a safety hazard
g) Any shipping containers determined to be unsightly, misused, unsafe or inappropriate in any way as determined by the sitting council, must be removed at the owner’s expense within a time period specified by the Town.
h) Business and operators in the applicable Zoning Districts may use mobile containers when they are required and used as part of their regular business operations.
i) Shipping containers cannot be stacked
j) Temporary use of a shipping container during renovations or home moves requires permission and a timeline granted by the Village Council.
k) Shipping containers are not to be used for display or advertising
l) Any person who fails to comply or violates any provisions of this Bylaw is guilty of an offence and liable to summary conviction to the penalties set out in The Municipalities Act or the General Penalty Bylaw of the Municipality.
3. This Bylaw shall come into force and take effect on the date of the signing thereof.
Signature on File
Mayor
Signature on File
Administrator
Certified a True Copy of Bylaw No. 1-2018
Adopted by Resolution by Council on the
12th day of June, 2018
BYLAW # 2-2022
A BYLAW OF THE VILLAGE OF HARRIS TO RESPECT BUILDINGS
The Council of the Village of Harris in the Province of Saskatchewan enacts as follows:
SHORT TITLE
1 This bylaw may be cited as the Building Bylaw.
PURPOSE OF THE BUILDING BYLAW
2 The purpose of this bylaw is to provide for the administration and enforcement of the Act, the regulations, the National Building Code of Canada, the National Energy Code of Canada for Buildings, ministerial interpretations and Saskatchewan Construction Standards Appeal Board orders and building official orders within the local authority.
INTERPRETATION/LEGISLATION
3 Definitions contained in The Construction Codes Act, The Building Code Regulations and The Energy Code Regulations shall apply in this building bylaw.
“Act” means The Construction Codes Act.
“building official” means a person who holds a building official license.
“competent person” means a person who is recognized by the local authority as
having:
(a) a degree, certificate or professional designation; or
(b) the knowledge, experience and training necessary to design or review the
design of a building.
“local authority” means the municipality to which this Building Bylaw applies.
“NBC” means the edition and provisions of the National Building Code of Canada, including revisions, errata and amendments to it, declared to be in force pursuant to the Act and the regulations.
“NECB” means the edition and provisions of the National Energy Code of Canada for Buildings, including revisions, errata and amendments to it, declared to be in force pursuant to the Act and the regulations.
“occupancy certificate” means a certificate issued with respect to the approved use or occupancy of a building.
“owner” means:
(a) any person who has any right, title, estate or interest in land, improvements or premises other than that of a mere occupant, tenant or mortgagee;
(b) any person, firm or corporation that controls the property under consideration; or
(c) if the building is owned separately from the land on which the building is located, the owner of the building.
“owner’s representative” means any person, company, employee or contractor who has authority to act on behalf of an owner.
“permit” means written authorization issued by the local authority or its building official in the form of a building permit.
“plan review” means the examination of building drawings and related documents by a building official to ascertain whether those drawings and documents meet the requirements of the Act and the regulations.
“regulations” means The Building Code Regulations and The Energy Code Regulations.
“SAMA fee” means a fee charged to the local authority by the Saskatchewan Assessment Management Agency with respect to the work.
“value of construction” means the total costs to the owner for the building construction in its completed form and includes the cost of all building work, materials of construction, building systems, labour and overhead, and profit of the contractor and subcontractors.
“work” means any construction, addition, erection, placement, alteration, repair, renovation, demolition, relocation, removal, use, occupancy or change of occupancy of a building.
SCOPE OF THE BYLAW
4 This building bylaw applies to all work undertaken or to be undertaken within the geographical jurisdiction of the local authority.
GENERAL
5(1) It is the duty of every owner or the owner’s representative of a building in Saskatchewan to ensure that the building and work is in accordance with the Act, the regulations, any associated codes, interpretations and orders and any bylaws adopted by the local authority with which the building is associated.
(2) It shall be the responsibility of the owner or the owner’s representative to arrange for all permits, inspections and certificates required by any other applicable bylaws, Acts and regulations.
(3) A building or part of a building for which a permit has been granted shall not be occupied before the issuance of an occupancy certificate by the local authority or the building official pursuant to clause 16(11)(h) of the Act.
(4) The provisions of this building bylaw apply to buildings greater than 10m2 (107.6 ft2) in building area except as otherwise exempted by the Act or the regulations.
PERMIT – ISSUANCE
6(1) Every application for a permit for work shall be on the form provided by the local authority, and shall be accompanied by a minimum of two sets of plans and specifications of the proposed building and work.
(2) Every permit application shall be reviewed and approved by the building official including plan review and approval.
(3) If the work described in an application for a permit, to the best of the knowledge of the local authority or the building official, complies with the requirements of this building bylaw, the Act, or the regulations, the local authority or the building official shall, on receipt of the required fee, issue a permit on the form provided by the local authority. In addition, one set of the approved plans and specifications will be returned to the owner or the owner’s representative with the permit.
(4) A permit issued pursuant to this building bylaw must include:
(a) the name of the person, or company to whom the permit is issued;
(b) mailing address and email address;
(c) the period for which the permit is valid;
(d) a statement of all fees, deposits or bonds charged for the permit;
(e) the scope of work authorized by the permit;
(f) the municipal address or legal description of the property on which the work
described in the permit is located;
(g) the buildings or portion of buildings to which the permit applies;
(h) the date of completion of the stages of construction for which a permit holder must inform the local authority;
(i) any conditions that the permit holder is required to comply with; and
(j) any information required by this building bylaw.
(5) No person, or company to whom a permit is issued pursuant to the Act shall fail to comply with the terms and conditions of the permit.
(6) Work must not commence before a permit is issued.
(7) The permit fee shall be calculated according to the sum of the following:
(a) permit administration fee as identified in “Schedule A” for the processing, handling
and issuance of a permit;
(b) the fees for plan review, field inspection of construction and enforcement in accordance with “Schedule A” or the agreement between the provider of building official services and the local authority;
(c) the fees charged by the Saskatchewan Assessment Management Agency; and
(d) a deposit, if required, in an amount determined by the local authority.
(8) If a deposit is collected it shall, on request by the owner or owner’s representative, be refundable on satisfactory completion of the work or on approval of use or occupancy of the building by the local authority or the building official.
(9) All permit fees and deposits will be collected before the permit is issued and subject to any applicable taxes.
(10) The local authority or the building official may establish the value of construction for the work described in an application for a permit, for the purpose of calculating a permit fee, based on established current construction costs, the owner’s or the owner’s representative statement of costs or constructor’s contract values, or similar methods selected by the local authority or the building official.
(11) It is the responsibility of the owner or the owner’s representative to ensure that all notifications required by section 7 of the Act and this building bylaw are given to the local authority and that all inspections are scheduled and completed. Failure to do so may result in additional fees for follow up inspections.
(12) The owner or the owner’s representative will be invoiced by the local authority for additional inspection fees and payment of the inspection fees will be due on receipt of an invoice. Unpaid inspection fees will be considered a debt due to the local authority and may be recovered from the owner of the land or premises in or on which the work was carried out as per the Act.
(13) The local authority may, at its discretion, rebate a portion of a permit fee or deposit where work is reduced in scope or discontinued, or where other exceptional circumstances occur.
PERMITS – REFUSAL TO ISSUE
7(1) The local authority may refuse to issue a permit if:
(a) the proposed work described on the permit application would contravene:
(i) the Act;
(ii) the regulations;
(iii) an order of the appeal board;
(iv) a written interpretation of the minister pursuant to section 8 of the Act; or
(v) the local authority’s building bylaw;
(b) the person who designed or reviewed the design of a proposed building that is within the scope of Part 9 of the NBC is not a competent person;
(c) the person who designed or completed a design review of a proposed building that is within the scope of the NECB is not an architect or engineer;
(d) the application for a permit is incomplete;
(e) any fees, deposits or bonds required pursuant to the local authority’s building bylaw for the issuance of a permit have not been paid; or
(f) the proposed work described on the permit application would contravene any other Act, regulations or bylaw that applies to the proposed work.
(2) Where the local authority refuses to issue a permit pursuant to subsection (1), the local authority shall:
(a) provide written notice to the applicant as to the reasons for the local authority’s refusal to issue a permit; and
(b) refund any fee or deposit paid as part of the permit application for work pursuant to the Act, less any fees paid for:
(i) plan review; and
(ii) permit application or administration.
PERMITS – REVOCATION
8(1) The local authority may revoke a permit issued pursuant to the Act:
(a) if the holder of the permit requests in writing that it be revoked;
(b) if the permit was issued on mistaken, false or incorrect information;
(c) if the permit was issued in error;
(d) subject to subsection (2), if, after 6 months after the permit’s issuance, the work for which the permit was issued has not, in the opinion of the local authority’s building official, been seriously commenced and no written agreement for the delay has been given by the local authority; or
(e) subject to subjection (2), if the work for which the permit was issued is, in the opinion of the local authority’s building official, substantially suspended or discontinued for a period of more than 6 months after the permit’s issuance and no written agreement for the delay has been given by the local authority.
(2) If the local authority revokes a permit pursuant to subsection (1) it shall provide written notice to the permit holder as to the reasons for the revocation.
PERMITS – EXPIRY
9(1) The expiry of a permit does not relieve the owner or the owner’s representative from the obligation to complete the work approved in the permit.
(2) All permits issued pursuant to this building bylaw shall expire on the date stated in the permit, or if no date is stated:
(a) twenty-four months from date of issue;
(b) six months from date of issue if work is not commenced within that period;
(c) on the date specified by the local authority if work has not seriously commenced and is suspended for a period of six months; or
(d) on the date specified by the local authority if work has been suspended with written permission by the local authority or building official and the agreed upon period has been exceeded.
(3) An owner or the owner’s representative that does not complete all the work listed on a permit before the permit expires shall apply to the local authority that issued the permit to do one of the following:
(a) revoke the permit;
(b) extend the term of the permit;
(c) vary the condition of the permit.
(4) The local authority may revoke, extend or vary the conditions of a permit on written application of the permit holder and subject to any condition or fees listed in the bylaw.
ENFORCEMENT
10 The local authority or the building official may take any measures as permitted by section 24, 25 or 26 of the Act and sections 13 and 14 of The Building Code Regulations for the purpose of ensuring compliance with this building bylaw.
NOTIFICATION
11(1) The owner or the owner’s representative of a building to be constructed shall ensure that the building official is notified of:
(a) when excavation is to be commenced;
(b) when the foundation is to be placed;
(c) when a superstructure is to be placed on the foundation;
(d) any other event at the time required by the permit under which work has been undertaken; and
(e) any other specified event at the specified time.
(2) Before commencing work at a building site, the owner or the owner’s representative shall give notice to the local authority of:
(a) the date on which the owner or the owner’s representative intends to commence the work; and
(b) subject to subsection (8), the name, address and telephone number of:
(i) the constructor or other person in charge of the work;
(ii) the designer of the work;
(iii) the person or firm that is to review the work to determine whether or not the construction conforms to the design; and
(iv) any inspection or testing agency that is engaged to monitor the work.
(3) During the course of construction, the owner or the owner’s representative shall give notice to the local authority of:
(a) subject to subsection (8), any change in, or termination of, the employment of a person or firm mentioned in clause (2)(b);
(b) the owner or owner’s representative intent to do any work that has been ordered by a building official or local authority to be inspected during construction;
(c) the owner or owner’s representative intent to enclose work that has been ordered by a building official or local authority to be inspected before enclosure;
(d) subject to subsection (8), any proposed deviation from the plans approved and permitted by the local authority;
(e) subject to subsection (8), any construction undertaken that deviates from the plans approved and permitted by the local authority; and
(f) the completion of work.
(4) Subject to subsection (8), the owner or the owner’s representative of a building under construction shall give notice to the local authority of:
(a) any change in ownership or change in address of the owner or the owner’s representative that occurs before the issuance of an occupancy certificate as soon as the change occurs; and
(b) the owner or owner’s representative intention to occupy a portion of the building if the building is to be occupied in stages.
(5) The owner of a building or the owner’s agents, contractors, employees, successors or assigns or the registered owner of the land on which the building is situated shall submit a written report to the local authority of the occurrence of the following that causes or has the potential to cause serious injury or loss of life:
(a) structural failure of the building or part of the building;
(b) failure of any equipment, device or appliance that is regulated by the Act or the regulations.
(6) A report submitted pursuant to subsection (5) must:
(a) contain:
(i) the name and address of the owner;
(ii) the address or location of the building involved in the failure;
(iii) the name and address of the constructor of the building; and
(iv) the nature of the failure; and
(b) be submitted to the local authority within 15 days after the occurrence of the failure mentioned in clause (5)(a) or (b).
(7) On receipt of the report pursuant to subsection (5), the local authority may require an owner to do the following:
(a) provide any other information that the building official or local authority may consider necessary;
(b) complete any additional work that is necessary to ensure compliance.
(8) Notice given pursuant to clause (2)(b), (3)(a), (3)(d), (3)(e) or subsection (4) is to be in writing.
SPECIAL CONDITIONS
12(1) An owner or the owner’s representative that undertakes to construct or have constructed a building that is within the scope of Parts 3, 5, 6 and 7 of the NBC shall have an architect or engineer complete the design or design review of:
(a) the building; and
(b) all building systems.
(2) An owner or the owner’s representative that undertakes to construct or have constructed a building with a structure that is within the scope of Part 4 of the NBC shall have an architect or engineer complete:
(a) the design or design review of the structure;
(b) an inspection of construction of the structure to ensure compliance with the design; and
(c) the reviews required by the NBC.
(3) An owner or the owner’s representative that undertakes to construct or have constructed a building with a structure within the scope of the NECB shall have an architect or engineer complete:
(a) the design or design review of the structure;
(b) the inspection of construction of the structure to ensure compliance with the design; and
(c) the reviews required by the NECB.
(4) In addition to the requirements of subsection (1), (2) or (3), the local authority or building official shall require that an engineer or architect provide:
(a) a Commitment for Field Review letter as part of the permit application for work; and
(b) an Assurance of Field Review and Compliance letter, on completion of the work, providing assurance that the work conforms to the engineer’s or architect’s design.
(5) An owner or the owner’s representative that undertakes to construct or have constructed a building that is within the scope of Part 9 of the NBC shall ensure that a competent person has designed or reviewed the design of the building.
(6) An owner or the owner’s representative shall ensure that copies of any inspection or review reports made pursuant to this section are made available to a building official or the local authority on the request of the building official or local authority, as the case may be.
(7) No owner of a building or an owner’s representative shall cause or allow the ground elevations of a building to be changed so as to place in contravention of the NBC:
(a) the building or part of the building; or
(b) an adjacent building.
(8) If the property boundaries of a building lot are changed so as to place a building or part of a building in contravention of the NBC, the owner or the owner’s representative shall immediately alter the building or part of the building to bring it into compliance with the NBC.
PENALTY
13(1) Any person who contravenes any of the provisions of this building bylaw may be subject to the penalties provided in Part 8 of the Act.
(2) Conviction of a person or corporation for breach of any provision of this building bylaw shall not relieve the person or corporation from compliance with the Act and regulations.
REPEAL OF BYLAW(S)
14 On enactment of this building bylaw, all previous building bylaws, including building bylaw amendments, are repealed.
Enactment pursuant to Section 17 of The Construction Codes Act.
Signature on File
Mayor
(S E A L) Signature on File
Administrator
Passed by Resolution of council
October 12th, 2022.
BYLAW # 02-2022 Schedules and Appendices
SCHEDULE “A”
Development Permit Fee $ 100.00
(All new developments/residences require Development Permit)
Building Application Fee $ 50.00
(Building Permits will not be issued without approved Development Permit for New Developments)
Saskatchewan Assessment Management $ 25.00
Agency (SAMA) Inspection Fee
Building Plan Review Services
Fees to be determined by building officials of:
MuniCode Services Ltd. $3.55/$1,000 Value of Construction
409 Central Street West *$200 Minimum Fee
Box 1570
Warman, Sask. SOK 4SO
The following is a list of construction projects that require permitting:
Single Family Dwelling (Stick Built)Single Family Dwelling – AdditionsReady to Move Homes (RTM –with garage)Ready to Move Homes (RTM – no garage)Detached GarageMobile Homes Decks over 3 ft. in heightBasement Developments
Commercial Building Plan Review Services
Fees to be determined by building officials of:
MuniCode Services Ltd. $3.55/$1,000 Value of Construction
409 Central Street West *$200 Minimum Fee
Box 1570
Warman, Sask. SOK 4SO
FORM A to Bylaw No. 02-2022
VILLAGE OF HARRIS
APPLICATION FOR BUILDING PERMIT
I hereby make application for a permit to ___________________________ a building according to the
(Construct, Alter or Reconstruct)
information below and to the plans and documents attached to this application.
Applicant: ________________________________________ PHONE: ____________________________
Address: _________________________________________ EMAIL: _____________________________
Owner(if different from applicant): __________________________ PHONE: _____________________________
Address: _________________________________________ EMAIL: _____________________________
Civic Address or Location of Work: ________________________________________________________
Legal Description: ______________________________________________________________________ (Lot, Block, Plan)
Contractor: ________________________________ Designer: __________________________________
Nature of Work: _______________________________________________________________________
Intended use of Building: ________________________________________________________________
Size of Building: Length________________ Width _________________ Height __________________
Number of Storeys: __________________________ Fire Escapes: ______________________________
Number of Stairways: ________________________ Width of Stairways: _________________________
Number of Exists: ___________________________ Width of Exits: _____________________________
Footings ________________________ Material _______________________ Size __________________
Foundations _____________________ Material _______________________ Size __________________
Exterior Walls ___________________ Material _______________________ Size __________________
Roof ___________________________ Material _______________________ Size __________________
Studs __________________________ Material _______________________ Size __________________
Floor Joists ______________________ Material _______________________ Size __________________
Girders _________________________ Material _______________________ Size __________________
Rafters _________________________ Material _______________________ Size __________________
Chimneys _______________________ Number _______________________ Size __________________
Material _______________________ Thickness _____________
Mechanical Sources:
Lighting _________________________Plumbing _______________________ Heating ______________
Estimated value of construction {excluding site) $_______________________
Building area {area of largest storey) ________ square metres
Fee for building permit $ ________
I hereby agree to comply with the Building Bylaw of the local authority and acknowledge that ii is my responsibility to ensure compliance with the Building Bylaw of the local authority and with any other applicable bylaws, acts and regulations regardless of any plan review or inspections that may or may not be carried out by the local authority or its authorized representative.
Date Signature of Owner or Owner’s Agent
BYLAW # 121-2012
A BYLAW TO CONTROL ANIMALS IN THE VILLAGE OF HARRIS
The Council of the Village of Harris in the Province of Saskatchewan enacts as follows:
1. This Bylaw shall be known as the “Animal Control Bylaw”.
2. DEFINITIONS
In this Bylaw the following definitions apply:
a. Animal Control Agency or Animal Control Officer – means the Animal Control Agency/Officer appointed by the Village of Harris.
b. Bylaw Enforcement Officer – means the person or persons appointed or contracted by the council of the Village of Harris for the purpose of enforcing the provision of this bylaw.
c. Municipality or Village – means the Village of Harris.
d. Council – means the council of the Village of Harris.
e. Clerk – means the administrator of the Village of Harris.
f. Cat – means a male or female cat or a male or female kitten over (8) weeks of age.
g. Dog – means a male or female dog or a male or female puppy over twelve (12) weeks of age.
h. Dangerous Animal – means
i) any animal, that without provocation in a vicious or menacing manner, chases or approaches a person or domestic animal in an apparent attitude of attack;
ii) any animal with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise threaten the safety of persons or domestic animals;
iii) any animal that, without provocation has bitten, inflicted injury, assaulted or otherwise attacked a person or domestic animal;
iv) any animal which is owned primarily or in part for the purpose of animal fighting or is trained for fighting.
v) Any dog that has been trained as a guard dog where such training involves physical attack on an intruder when such animal is not engaged in guarding a business premise or residence.
vi) any animal declared dangerous under Division 5 of The Municipalities
Act, S.S. 2005, c. M-36.1.
i. Judge – means a judge of the Provincial Court of Saskatchewan or a justice of the peace.
j. Court – means the Provincial Court of Saskatchewan established pursuant to The Provincial Court Act.
k. Owner – includes:
i) a person, persons, partnership, association or corporation who keeps, possesses, harbors or has care of or control of a dog or cat;
ii) the person responsible for the custody of a minor where the minor is the owner of a dog or cat.
l. Person – means and includes an individual(s), partnership, association or corporation.
m. Pound – means such premises and facilities as may be designated by the Council of the Village of Harris for the purpose of safely lodging and securing animals seized pursuant to this bylaw.
n. Pound keeper – means a person designated by the Village of Harris from time to time to maintain and administer the pound.
o. Provocation – means an act done intentionally for the purpose of provoking an animal to which this Bylaw applies.
p. Running at Large – means when the dog or cat is beyond the boundaries of the land occupied by the owner, possessor or harborer or keeper of the said dog or cat, or beyond the boundaries of any lands where it may be with the permission of the owner or occupant of the said land and is not under control by being:
i) on a leash or harness and in direct and continuous charge of a person competent to control it; or
ii) securely confined within an enclosure; or
iii) securely fastened so that it cannot roam at will.
q. Working Guide Dog – means any dog whose primary purpose is to guide and provide assistance to individuals who are visually, physically or hearing impaired and who have successfully completed a recognized training program for use as a service dog.
3. REGISTERING
a. Every owner of a dog within the Village shall cause each such animal to be registered with the Village office. At the time of registering, the applicant shall complete an Application for Registration of a Dog as set in Appendix “E”, and provide the Village office with a physical description of the animal, the breed of the animal which will be accompanied by a photograph of the animal, a rabies certificate valid for the registration year, and the name, address and telephone number of the owner of the animal. A record of the license, name and address of the owner will be kept at the Village office.
b. License Fees shall become due on January 1st of each year or at any time during the year immediately upon a person becoming an owner of a dog, and failure to do so shall constitute an offence under this Bylaw.
c. The registration year for dogs shall be from the first day of January to the thirty-first day of December of the same year.
d. Every owner of a dog shall no later than February fifteenth in each year register the said dog at the village office and failure to do so shall constitute an offence under this bylaw.
e. In addition to the registration requirements laid down in Section 3(a) (b) (c), the owner of a dog shall pay an annual registration fee as set out in Schedule “A” attached hereto and which may be amended from time to time by resolution of council.
f. In addition to the registration requirements laid down in Section 3(a) (b) (c),
the owner of a dog deemed “dangerous” shall pay an annual registration fee
as set out in Schedule “A” attached hereto and which may be amended from
time to time by resolution of council.
g. The sum payable for a registration fee required after the thirty-first day of July in a calendar year shall be calculated at a prorated amount of months left in the calendar year and shall expire on the thirty-first day of December in the same calendar year.
h. Any dog registration certificate or applicable fee issued pursuant to the provisions of this bylaw by the Village shall not be transferable to any other dog or cat.
i. Notwithstanding Section 3(e), a dog which has been professionally trained as a Working Guide Dog as defined in Section 2(q) shall be subject to an annual registration fee as set out in Schedule “A” attached hereto and which may be amended from time to time by resolution of council.
j. The provisions of this section shall not apply to the dogs kept, in the ordinary course of business by the proprietors of the following premises as licensed by the Village of Harris:
i) a veterinary hospital, clinic, boarding kennel or grooming parlor;
ii) a public pound;
iii) a shop whose business includes the sale of pets;
iv) a shelter operated by an association or society incorporated for the purpose of the protection and humane treatment of animals.
k. A person residing in the Village who owns, possesses keeps or harbors a dog and neglects or refuses to register or pay any applicable registration fee shall be subject to the penalties as outlined in Schedule “C” of this bylaw.
l. The owner shall be supplied with a current registration tag and a receipt for payment of the registration fee when the dog is registered. The registration tag must be renewed each year. The owner will be issued a replacement registration tag if the current registration tag is lost or destroyed and the owner shall be responsible for the replacement cost, as set out in Schedule “D”.
m. The owner of or dog shall ensure that the dog wears a collar to which is attached a valid license tag whenever the dog is off the premises of the owner.
n. This Section shall not apply while a dog is participating in a recognized dog show, obedience trial or field trial, or where an electronic identification microchip has been implanted in the animal and the identification information related to the microchip has been provided to the Village.
o. Any owner of an animal within the Village of Harris who has not registered their animal(s) with the Village of Harris prior to this bylaw coming into effect will be required to register the dog within 60 days of this bylaw coming into effect and failure to do so shall constitute an offence under this bylaw.
p. No person shall:
i) Untie, loosen or otherwise free a dog or cat which has been tied or restrained; or
ii) Negligently or wilfully open a gate, door or other opening in a fence or enclosure in which a dog or cat has been confined and thereby allow a dog or cat to run at large in the Village of Harris;
iii) Tease, entice, bait or throw objects at a dog or cat confined within its owner’s property.
iv) Register or attempt to register a female as a male dog.
q. The owner of a currently licensed dog shall notify the village in the event that a dog is deceased and will therefore be removed from the village records.
4. LIMITED NUMBER OF ANIMALS
No person shall keep, possess or harbour more than two (2) dogs or two (2) puppies which are over the age of twelve (12) weeks and/or two (2) cats that are over the age of eight (8) weeks and any person who does is deemed to have failed or refused to comply with the provisions of this section and shall be subject to the penalties as outlined in Schedule “C” of this Bylaw. Any persons already in ownership of animals exceeding the limit prior to this bylaw coming into effect will be required to register and license all animals. At the time when one of these exceeding limit animals becomes deceased or is removed from the property owners, renters or lease holders possession by whatever means for a term exceeding 60 days no replacement animal will be allowed.
5. RUNNING AT LARGE
The owner of a dog or cat shall not at any time allow the dog to run at large within the Village, except in designated areas.
a. When a dog or cat is found to be running at large, its owner is deemed to have failed or refused to comply with the provisions of this section.
b. Where a dog or cat is found to be running at large, the owner or occupant of that property on which the dog or cat is running at large may make a written complaint to the Bylaw Enforcement Officer.
6. SEIZURE AND IMPOUNDING
a. A Bylaw Enforcement Officer or Peace Officer may seize and impound any dog or cat observed to be at large or creating a nuisance.
b. A Bylaw Enforcement Officer or Peace Officer may enter onto land surrounding any building in pursuit of any dog or cat, which has been observed to be at large or creating a nuisance.
c. The Bylaw Enforcement Officer is hereby authorized to seize and capture, by the use of a tranquilizer gun or other methods authorized by resolution of Council and impound any dog or cat running at large or creating a nuisance contrary to the provisions of this bylaw.
d. Any person may take any dog or cat found running at large or creating a nuisance contrary to the provisions of this bylaw to the Village pound.
e. No person, whether or not he is the owner of a dog or cat which is being or has been pursued or seized shall:
i) interfere with or attempt to obstruct a Bylaw Enforcement Officer who is attempting to seize or has seized any dog or cat in accordance with the provisions of this bylaw;
ii) unlock or unlatch or otherwise open the vehicle in which dogs or cats seized under this bylaw have been placed so as to allow or attempt to allow any dog or cat to escape there from.
iii) remove or attempt to remove any dog or cat from the possession of the Bylaw Enforcement Officer.
f. In the event that the animal in question can not be caught by the Animal Control Officer, he is authorized to take a photograph of the animal and, upon establishing the owner of the animal, a fine will be levied against the owner. The same fine structure will apply to picture fines as other fines.
g. Upon receipt of a completed and signed complaint, the Village Administrator shall notify the owner, possessor or harbourer by registered mail that a complaint has been received and that, in the event of failure to pay the appropriate voluntary fine relevant to the infraction within seven (7) days of the receipt of the notice, the Village Administrator shall take the steps necessary to prosecute the owner, possessor or harbourer. The complaint shall be in the form attached hereto and marked as Appendix “E” and forming part of this bylaw.
7. POUND
a. The council shall endeavor to appoint a poundkeeper.
b. All dogs and cats impounded in the pound shall be so confined therein for a period of 72 hours from the time of capture during which time the owner thereof shall have the right to repossess the said dog or cat upon paying to the village office the amount set forth in Schedule “B” to this bylaw as amended from time to time by resolution of council.
c. No dog or cat, which is impounded, shall be released to its owner or to any other person until the appropriate pound fee is paid until it has been registered.
d. When a dog or cat has been impounded, the Village office shall immediately attempt to contact the owner as shown in the records made when the animal was registered at the address shown therein, that unless the said animal is claimed and the fees as provided for in this bylaw are paid within 72 hours from the date of the impounding the said animal shall be dealt with pursuant to the provisions of the bylaw.
e. All impounded dogs or cats which are not claimed within 72 hours as aforesaid, may be sold by the Village office to any person paying for such dog or cat, a sum equal to any amount owing to the Village due to applicable fines, registration or impound fees and, for the cost of registering as provided for by this bylaw. In the event any dog or cat is not sold after expiration of the said 72 hours, it shall be disposed of in the most humane way possible.
f. It shall be the duty of the poundkeeper to provide each dog or cat impounded under the authority of this bylaw an adequate supply of food and fresh water during its confinement in the pound.
g. Any dog or cat found in any public street, lane, park, boulevard or other public place or otherwise running at large contrary to the provisions of this bylaw, the Bylaw Enforcement Officer or Peace Officer may seize and impound by the use of a tranquilizer gun or other methods authorized by Council.
8. LITTER – DOGS AND CATS
a. If a dog or cat defecates on any public or private property other than the property of the owner, possessor or harborer of the said dog or cat, the owner, possessor or harborer of the dog or cat shall cause such defecation to be removed immediately and disposed of in a sanitary fashion. Failure to cause such removal shall be an infraction of this bylaw.
b. Defecation’s deposited on the private property of the owner, possessor or harborer of a dog or cat shall be removed and disposed of in a sanitary manner.
c. An Animal Protection Officer or Bylaw Enforcement Officer may serve an owner or occupant of private property with a notice to remove all animal feces from the property within 72 hours of service of the notice.
d. If a notice under Section 7(d) is not served personally on an owner or occupant of private property, then a copy of the notice shall be sent by registered mail to the owner of the property at the mailing address shown on the last revised assessment roll of the town.
e. A notice served by registered mail is deemed to have been received on the fifth day following the date of its mailing.
f. The Village may remove the feces from the property if:
i) The person to whom the request is made fails to remove the feces within 72 hours; or
ii) After reasonable inquiry, the whereabouts of the owner or occupant of the property cannot be determined.
g. If the Village carries out the work under Section 7(f), the costs and expenses incurred are a debt due to the Village and the Village may recover the costs and expenses:
i) by action in a court of competent jurisdiction;
ii) in the same manner as municipal taxes; or
iii) by adding the costs and expenses to and thereby they form part of, the taxes on the land on which the work was done.
9. NUISANCE
a. The owner, possessor or harborer of a dog or cat shall not allow the animal to create a nuisance to any person by excessive barking, howling, hissing, or otherwise making disruptive noises; attempting to bite or biting anyone or any domestic animal, chasing vehicles or bicycles; causing damage to any property; urinating, defecating or spraying on or otherwise damaging or interfering with any property other than the property of the owner, possessor, or harborer; and any owner, possessor or harborer who contravenes this section commits an offence under this bylaw.
b. Any owner of a dog or cat who fails to immediately restrain and remove the animal upon it becoming a nuisance is guilty of an offence, and in such event, an Animal Protection Officer, Poundkeeper or Bylaw Enforcement Officer may seize and impound the animal.
10. RABIES AND OTHER DISEASES
a. Any dog or cat suspected of having rabies shall not be killed but shall be secured and isolated for seven (7) days and the matter immediately reported to a veterinary clinic whose instructions shall be complied with.
b. An owner possessor or harborer of a dog or cat who neglects or refuses to comply with any order of the veterinary clinic shall be guilty of an infraction of this bylaw.
11. DANGEROUS ANIMAL
a. Dangerous Animals are defined at Section 2(h).
b. Exemption for Guard Dogs
i) No dog shall be considered dangerous where an action described in Section 2(h) occurred while the dog was:
(A) acting in the performance of police work; or
(B) working as a guard dog on commercial or residential property;
(C) securely enclosed on property by a fence or other barrier sufficient to prevent the escape of the dog and the entry of children of tender years; and
(D) defending that property against a person who was committing an offence.
c. Dangerous Animal Hearings
i) If a complaint is made that an animal is dangerous, the sitting council shall take into consideration the circumstances for the complaint and determine if, based upon the evidence submitted, that the animal is, in fact, dangerous.
ii) Notice of the complaint received by the village referred to in Section 11(c)(i) shall be served upon the owner of the animal. The notice shall be served:
(A) in the case of an owner who is an individual:
(1) by delivering it personally to the owner; or
(2) if the owner cannot conveniently be found by leaving it for the owner at the owner’s residence with a person at that residence who appears to be at least 18 years of age; or
(3) by sending it by ‘Registered Mail’ to address registered on the tax roll or utility.
(B) in the case of an owner that is a corporation:
(1) by sending it by ‘Registered Mail’ to the registered office of the corporation; or
(2) By delivering it personally to the manager, secretary or other executive officer of the corporation or the person in charge of any office or other place where the corporation carries on business in Saskatchewan.
iii) Any dispute of the decision of council declaring a dog “dangerous”,
shall be determined by a judge.
iv) Where an owner does not appear at the time and place appointed for the hearing after having been notified of that time or place, the judge may proceed ex parte to hear and determine the proceedings in the absence of the owner as fully and effectively as if the owner had appeared.
v) If the judge is satisfied, on the evidence, that the animal is dangerous, the judge shall make an order embodying all of the following terms:
(A) if the owner removes the animal from the owner’s property, the owner shall muzzle and leash it in accordance with the criteria prescribed in Section 16 and keep it under direct control and supervision;
(B) the owner shall inoculate the animal against rabies in accordance with the provisions of Section 17;
(C) the owner shall report the sale or other disposition of the animal to a designated officer appointed pursuant to Section 22;
(D) where the animal is moved to a different Town or municipality, the owner shall notify the clerk of that Town or municipality;
(E) where the animal is to be sold or given away, the owner shall:
(1) notify any prospective owner that the animal has been declared dangerous, before it is sold or given away; and
(2) notify a designated officer appointed pursuant to Section 22 of the name, address and telephone number of any new owner of the animal;
(F) if the animal is not registered as dangerous, the owner shall, at the owner’s expense and within ten days of the date of the order, purchase the requisite registration for the animal;
vi) An order pursuant to Section 11(c)(iv) may also include any or all of the following terms:
(A) the owner shall keep the animal in an enclosure which complies with the criteria prescribed in Section 18;
(B) within 10 days of the date of the order, the owner shall obtain and keep in effect liability insurance in an amount of not less that $500,000.00 for any bodily injury to or death of any person or domestic animal, or for damage to property, caused by the animal and provide copy to the Village office;
(C) the owner shall display a sign, which complies with the criteria prescribed in Section 19, on the owner’s property warning of the presence of the animal and shall continue to display that sign in good condition so long as the animal is present on the property;
(D) the owner shall have the animal spayed or neutered;
(E) the owner shall take such other measures as the judge considers appropriate.
vii) Notwithstanding Section 11(c)(vii) a judge may in the alternative, order that the animal be destroyed or otherwise disposed of at the owner’s expense and shall give directions with respect to the destruction or other disposition.
viii) Where an order has been made pursuant to Section 11(c)(vi) against the owner, the owner may apply to the judge who made the order for an order that compliance with the provisions of Section 11(c)(vi)(B) be waived.
ix) Application pursuant to Section 11(c)(viii), the judge may waive compliance with Section 11(c)(vi)(B), on any terms and conditions that the judge considers reasonable, where the judge is satisfied that
the owner is unable to comply with the requirements of that clause for a reason other than the owner’s financial circumstances.
x) A person desiring to appeal an order pursuant to this Section shall, within seven days of the order being appealed from, file a notice of appeal with Her Majesty’s Court of Queen’s Bench, and the provisions of Part XXVII of the Criminal Code apply with any necessary modification.
d. Offences and Penalties
i) Any person who owns a dog for the purpose of dog fighting, or trains, torments, badgers, baits, or otherwise uses a dog for the purpose of causing or encouraging the dog to make unprovoked attacks on persons or domestic animals is guilty of an offence.
ii) Any person who displays a prescribed sign warning of the presence of a dangerous animal and who is not acting in accordance with an order made pursuant to Section 11(c)(vi) or has not received the permission of the Village to display the sign is guilty of an offence.
iii) Any person who does not comply with any part of an order made against him or her pursuant to Section 11c (iv), (v), or (vi), is guilty of an offence.
iv) Any person who owns an animal that, without provocation, attacks, assaults, wounds, bites, injures or kills a person or domestic animal, is guilty of an offence.
v) A person who is guilty of an offence pursuant to this Section is liable on summary conviction:
(A) in the case of an individual, to a fine not exceeding $10,000.00, or imprisonment for not more than six months, or both;
(B) in the case of a corporation, to a fine not exceeding $25,000.00, or imprisonment of the directors of the corporation for not more than one year, or both.
vi) In addition to imposing the penalty under Section 11(c)(v), the convicting judge shall make an order embodying the requirements of Section 11(c) (iv).
vii) An order pursuant to Section 11(c)(vi) may also include the requirements of Section 11(c)(v).
viii) Notwithstanding Section 11(c)(vii), the judge may, in the alternative, order that the animal be destroyed or otherwise disposed of at the owner’s expense and shall give directions with respect to the destruction or other disposition.
ix) A person desiring to appeal an order or conviction pursuant to this Section shall, within seven days of the order or conviction being appealed from, file a notice of Appeal with the Court, and the provisions of Part XXVII of the Criminal Code apply with any necessary modification.
e. Order Binds Subsequent Owner
i) An order issued pursuant to Section 11(c) or (d) continues to apply if the animal is sold or given to a new owner or is moved to a different municipality.
f. Execution of Destruction Order
i) Unless the owner otherwise agrees, every order for destruction of an animal shall state that it shall not be implemented for eight days.
ii) Where an appeal is taken against an order for the destruction of an animal, the application of the order is stayed pending the disposition of the appeal.
(iii) Regardless of the outcome of the appeal, the owner shall be responsible for the payment of the costs of impoundment of the animal pending the hearing.
g. Return of Animal
i) Where the judge on appeal overturns the order for destruction of the animal, the animal shall be released to the owner after the owner has paid the costs of impoundment of the animal pending the hearing.
12. DANGEROUS DOG
a. Requirements for maintaining a Registration for a dangerous dog are as follows:
i) An owner of a Dangerous Dog shall maintain in force a policy of liability insurance providing third party liability coverage in a minimum amount of $500,000.00 for injuries caused by the owner’s restricted dog. The owner shall provide a photocopy of the said liability insurance policy to the village office when applying for a dangerous dog registration. The liability policy shall contain a provision requiring the insurer to immediately notify the Village in writing in the event the policy expires, is cancelled or is terminated. Upon cancellation, expiry or termination of the liability insurance policy, the dangerous dog license is null or void;
ii) At all times while a dangerous dog is on the premises of its owner, the owner shall either keep such dog confined indoors under the effective control of a person over the age of eighteen (18) years, or confined in an enclosure which complies with the criteria prescribed in Section 18:
iii) When any dangerous dog is off the premises of the owner, the owner shall muzzle and leash it in accordance with the criteria prescribed in Section 16 and keep it under direct control and supervision;
iv) The owner shall display a sign, which complies with the criteria prescribed in Section 19, on the owner’s property warning of the presence of the animal and shall continue to display that sign in good condition so long as the animal is present on the property;
v) The owner shall inoculate the animal against rabies in accordance with the provisions of Section 17;
vi) If the animal has been previously registered without the “dangerous dog” designation, the owner shall, at the owner’s expense and within ten days of being deemed a dangerous dog, purchase the requisite registration for the animal
13. DESTRUCTION BY PEACE OFFICERS
a. A peace officer as defined by the Criminal Code may destroy any animal that the officer find injuring or viciously attacking a person or domestic animal.
b. Where the officer acted in good faith, a peace officer who destroys an animal pursuant to subsection a. is not liable to the owner for the value of the animal.
14. ENTRY AND SEARCH
a. If a peace officer as defined by the Criminal Code or a designated officer has reasonable grounds to believe that an animal that is dangerous or has been ordered to be destroyed or otherwise disposed of is in or on any premises, the peace officer or designated officer may enter the premises and search for and impound the animal in accordance with Section 378(1) of The Municipalities Act, and as amended from time to time by the Act:
378(1) A peace officer or a designated officer who has reasonable grounds for believing that an animal is dangerous or has been ordered to be destroyed or otherwise disposed of and is in or on any premises other than a private dwelling may, with or without a warrant:
(a) enter the premises;
(b) search for the animal; and
(c) either impound the animal or, if there is an order to destroy or otherwise dispose of the animal, deliver the animal to the person appointed in the order to destroy or otherwise dispose of it.(2) notwithstanding subsection (1), a peace officer or designated officer shall not enter any place that is a private dwelling without:
(a) the consent of the owner or occupant of the private dwelling; or
(b) a warrant issued pursuant to subsection (3) authorizing the entry.(3) if it appears to a justice of the peace or provincial court judge that, based on evidence presented by a peace officer or designated officer under oath, there are reasonable grounds to believe that an animal that is dangerous or has been ordered to be destroyed or otherwise disposed of is in a private dwelling, the justice of the peace or provincial court judge may issue a warrant authorizing a peace officer or designated officer to enter the private dwelling specified in the warrant and search for the animal.
(4) On issuance of a warrant pursuant to subsection (3), the peace officer or designated officer may:
(a) enter the private dwelling;
(b) search for the animal; and
(c) either impound the animal or, if there is an order to destroy or otherwise dispose of the animal, deliver the animal to the person appointed in the order to destroy or otherwise dispose of it.
15. CHARGES MAY BE ADDED TO PROPERTY TAXES
a. If a person owes the Village for costs incurred by the Village with respect to a dangerous animal, the Village may add the amount owing to the tax roll of any parcel of land for which the person is the assessed person.
b. If an amount is added to the tax roll of a parcel of land pursuant to Section 14(a), the amount:
i) is deemed for all purposes to be a tax imposed pursuant to section 369 of The Municipalities Act from the date it was added to the tax roll; and
ii) forms a lien against the parcel of land in favour of the Village from the date it was added to the tax roll.
16. CRITERIA FOR MUZZLE AND LEASH FOR DANGEROUS ANIMALS
a. Where an animal that has been declared dangerous pursuant to Section 11(c) is removed from the owner’s property, the animal shall be equipped with a muzzle and be secured by a leash in accordance with the following criteria:
i) the animal shall be fitted with a collar or harness for the body that is properly placed and fitted on the animal;
ii) the movement of the animal shall be controlled by a person by means of a leash attached to the collar or harness of the animal;
iii) the leash shall not exceed 1.2 metres in length and shall be constructed of a material having a tensile strength of at least 40 kilograms;
iv) the muzzle on the animal shall be properly fitted on the animal to prevent it from biting any animal or person;
v) the muzzle shall be fitted on the animal in a manner that it will not interfere with the vision or respiration of the animal.
17. INOCULATION OF DANGEROUS ANIMALS
a. Where an animal has been declared to be dangerous pursuant to Section 11(c), the owner of the animal shall, at the owner’s expense and within ten days of registering the animal, have the animal inoculated against rabies by a veterinarian and provide proof to a designated officer that the dog has been inoculated within 10 days.
b. Where the owner of an animal provides proof that the animal has been inoculated against rabies during the period of 12 months prior to the date of the order, the owner is not required to comply with Section 16(a) until the expiration of 12 months from the date of inoculations of the animal.
18. ENCLOSURES FOR DANGEROUS ANIMALS
a. If the animal is a dangerous animal or if a judge orders pursuant to Section 11(c) (vi)(A) that an animal be kept in an enclosure, the enclosure must comply with the following criteria:
i) the enclosure shall be substantially constructed of wood or any other building material to adequately contain the animal and prevent escape from the property. Any escape will prove that it is not adequate for the containment of the animal and measures shall be taken to prevent any further incidences of escape.
ii) confine the animal; and
iii) prevent the entry of children of tender years;
iv) the entrances and other areas by which entry to or exit from the enclosure may be made shall be locked or fastened in a manner adequate to prevent the animal from escaping from the enclosure;
19. SIGNS FOR DANGEROUS ANIMALS
a. Where an animal has been declared dangerous pursuant to Section 11 (c), the owner of the animal shall, within ten days of registering animal, display a sign on his or her premises warning of the presence of the animal in the form illustrated in Appendix “B”.
b. A sign required by Section 19(a) shall be placed at each entrance to the premises where the animal is kept and on the enclosure in which the animal is confined.
c. A sign required by Section 19(a) shall be clearly visible and capable of being read from any adjacent public road.
20. QUARANTINE OF ANIMALS
a. Where an animal has bitten a person or domestic animal, the owner of the animal shall, unless the animals is ordered destroyed, quarantine the animal for observation for symptoms of rabies for a period of not less than ten days in accordance with the Animal Disease and Protection Act (Canada).
21. RABIES TEST OF ANIMALS
a. Every person who destroys an animal following the non-fatal biting of a person or domestic animal, whether the destruction is pursuant to an order of a judge or court or at the decision of the owner of the animal, shall, if the destruction is carried out before the completion of the quarantine period mentioned in Section 20, retain the head of the animal in a manner usable for testing the animal for rabies.
b. Where a person destroys an animal in the circumstances described in Section 21(a), the person shall immediately notify a veterinarian or a peace officer that he or she is in possession of the head of an animal to be tested for rabies.
22. APPOINTMENT OF DESIGNATED OFFICERS
a. The Bylaw Enforcement Officer, Pound Keeper and/or the Animal Control Officer shall be designated officers for the purposes of this Bylaw.
b. The Bylaws Enforcement Officer, Pound Keeper and the Animal Control Officer are authorized to delegate enforcement of this Bylaw to their employees.
23. OWNING AND HARBORING EXOTIC AND WILD ANIMALS
a. No person shall own or harbor any animal, or hybrid of any animal, of the kind listed in Appendix “C” for any purpose.
b. No person, partnership or corporation, whether operated separately or in connection with another business enterprise, shall operate a pet store that buys, sells, trades, exhibits or harbors any animal or hybrid of any animal of the kind listed in Appendix “C”.
24. GENERAL PENALTY
a. A person who contravenes any provision of this bylaw or neglects or refuses to comply therewith shall be guilty of an offence and liable upon summary conviction to a fine of not less than $50.00 and:
i) in the case of an individual, to a fine not exceeding $10,000.00, or imprisonment for not more than six months or both;
ii) in the case of a corporation, to a fine not exceeding $25,000.00, or imprisonment of the directors of the corporation for not more than one year, or both.
25. LIVESTOCK AND POULTRY
a. For purposes of this section, the following definitions shall apply:
i) livestock – means any domestic animal usually raised for sale and profit, including but not necessarily limited to:
(1) an animal as defined in Section 2(b) of The Stray Animal Act; or
(2) an animal as defined in sections 2 & 3 of The Stray Animals Regulations, 1999.
ii) poultry – means:
(1) domestic fowl usually propagated and fattened for the table and for their eggs, feathers, etc., including but not limited to chickens, geese, ducks, turkeys, guinea fowl;
OR
(2) pigeons of the species Columa Livia, commonly known as the domestic pigeon and includes pigeons raised for the purpose of racing, show, table and pets and includes feral pigeons.
b. No person shall possess, harbor, confine, herd, graze or allow grazing of any livestock or poultry within the limits of the Village.
i) Section 25(b) shall not apply to livestock and poultry brought in to the Village for the duration of a special event at which the said livestock and poultry will be used for purposes of exhibition or performing at a special event.
ii) Section 25 (b) shall not apply to livestock and poultry housed at the following properties:
Parcel A, Section 13-32-12-3, Sup 0 (Skelton)
Lot PT, Block 20, Plan G734, Sup 01 (Nelson);
COT, Title # 101566997EE (Hansen);
COT, block A, Plan 101567112 (Castiday).
At the time of the passing of this bylaw, livestock currently housed at
Lots 3 & 4, Block 19, Plan 62S04497 (Roberts)
shall remain, but any future owners of this property will need permission from the council.
26. PENALTY
a. Where any person has committed or is alleged to have committed a breach of any of the provisions of this bylaw, a ticket in the form designated Appendix “A” attached to and forming part of this bylaw may be served on such person by the Bylaw Enforcement Officer of designated Village employee.
b. A person to whom a ticket is being issued pursuant to this section shall furnish the Bylaw Enforcement Officer or designated Village employee with his/her name and address upon request.
c. Notwithstanding Section 15, a person who contravenes any provision of this bylaw upon being served with a ticket may voluntarily pay the prescribed penalty as set forth in Schedule “C” to this bylaw as amended from time to time by resolution of Council.
d. If the Village receives voluntary payment of the prescribed penalty within seven (7) days from the date the ticket was issued, the person receiving the ticket shall not be liable for prosecution for the offence.
e. If the person who has committed or is alleged to have committed a breach of any section of this bylaw fails to pay the specified fine within the time allowed following service of the ticket, the provisions of this section no longer apply and the person shall be liable to prosecution for the offence.
27. REPEAL
a. Bylaw #120-2011 passed December 7, 2011, being a bylaw to control Animals in the Village of Harris, is hereby repealed.
28. SEVERABILITY
a. A decision of the Court that one or more of the provisions of this bylaw are invalid in whole or in part does not affect the validity, effectiveness or enforceability of the other provisions or parts thereof with respect to this bylaw.
29. EFFECTIVE DATE
a. This bylaw shall come into force and take effect on the date of the final reading thereof.
____________________________
Mayor
(SEAL)
____________________________
Administrator
Passed by resolution of council August 16th, 2012
Certified a true copy of Bylaw #121-2012
___________________________ Mayor
___________________________Administrator
BYLAW # 121-2012 Schedules and Appendices
SCHEDULE “A”
Annual Registration Fee for Non-Restricted Sterilized Dogs (Section 3)
$10.00 per dog per year
Annual Registration Fee for Non-Restricted Non-Sterilized Dogs (Section 3)
$20.00 per dog per year
Annual Registration Fee for Dogs deemed Dangerous (Section 3)
$200.00 per dog per year
Annual Registration Fee for Working Guide Dog (Section 3)
$0 per dog per year
SCHEDULE “B”
Section 7 Dog or Cat Pound Fees
Impoundment:
| First offence | $25.00 plus $10.00 per day or part thereof |
| Subsequent offences | $50.00 plus $10.00 per day or part thereof |
| Care and Sustenance Fee | $10.00 per day or a portion thereof commencing at 12:00 AM on the day immediately following the day of impoundment. |
SCHEDULE “C”
| OFFENCE | PENALTIES | ||
| 1st Offence | 2nd Offence | Subsequent Offences | |
| 1. Running at Large (Sec. 5) | $100.00 | $200.00 | $400.00 |
| 2. Unlicensed Animal (Sec. 3) | $100.00 | $200.00 | $400.00 |
| 3. Animal Not Wearing License (Sec. 3) | $100.00 | $200.00 | $400.00 |
| 4. Exceeding Number of Animals (Sec. 4) | $100.00 | $200.00 | $400.00 |
| 5. Dog/Cat Creating a Nuisance (Sec. 9) | $100.00 | $200.00 | $400.00 |
| 6. Failure to Remove Defecation (Sec. 8) | $50.00 | $100.00 | $200.00 |
| 7. Accumulation of Animal Feces (Sec. 8) | $50.00 | $100.00 | $200.00 |
| 8. Interference with Enforcement (Sec. 6) | $100.00 | $200.00 | $400.00 |
| 9. Untie or free an animal (Sec. 3) | $50.00 | $100.00 | $200.00 |
| 10. Willfully open gate or door to allow escape (Sec. 3) | $50.00 | $100.00 | $200.00 |
| 11. Tease, throw things at cat or dog (Sec. 3) | $50.00 | $100.00 | $200.00 |
| 12. Interfere or obstruct Bylaw Enforcement Officer (Sec. 6) | $100.00 | $200.00 | $400.00 |
| 13. Exotic/Wild Animals (Sec. 23) | $50.00 | $100.00 | $200.00 |
Reduce penalty by 25% if paid within 7 days of issuance.
| OFFENCE – DANGEROUS DOGS | PENALTIES | |
| 1st Offence | Subsequent Offences | |
| 1. Failure to obtain and keep in force registration (Sec 3) | $250.00 | $500.00 |
| 2. Failure to maintain a policy of liability insurance (Sec.11) | $250.00 | $500.00 |
| 3. Failure to confine in proper enclosure when on owner possessor or harborer’s premises (Sec. 11) | $250.00 | $500.00 |
| 4. Failure to muzzle and harness or leash when off premises of owner, possessor or harborer (Sec 11) | $250.00 | $500.00 |
| 5. Failure to prevent from running at large (Sec 12) | $250.00 | $500.00 |
SCHEDULE “D”
Replacement Tags $5.00
Appendix “A”
Appendix “B”
Appendix “C”
Being a list of animals the keeping of which is prohibited within the Village of Harris:
– All Arachnids dangerous to humans (such as scorpions and tarantulas, except tarantulas of the genera Aphonopelma, Avicularia and Grammostola)
– All Artiodactylus Ungulates, except domestic goats, sheep and cattle
– All Bats
– All Canids, except the domestic dog
– All Crocodilians (such as alligators, crocodiles and caimans)
– All Edentates (such as anteaters, sloths and armadillos)
– All Elephants
– All Felids, except the domestic cat
– All Hyaenas
– All Marsupials (such as kangaroos and opossums)
– All Mustelids (such as skunks, weasels, otters and badgers) except the domestic ferret
– All non-human Primates (such as gorillas and monkeys)
– All Perissodactylus Ungulates, except the domestic horse, mule and ass
– All Pinnipeds (such as seals, fur seals and walruses)
– All Procyonids (such as raccoons, coatis and cacomistles)
– All Raptors, diurnal and nocturnal (such as eagles, hawks and owls)
– All Ratite Birds (such as ostriches, rheas, and cassowaries)
– All snakes of the families Pythonidae and Boidae
– All Ursids (bears);
– All venomous Reptiles and Amphibians;
– All Viverrids (such as mongooses, civets and genets);
Examples of animals of a particular prohibited group are given in parentheses. They are examples only and shall not be construed as limiting the generality of the group.
Appendix “D”