55. Barking dogs---(1) Where a dog control officer or dog ranger has
received a complaint and has reasonable grounds for believing that a
nuisance is being created by the persistent and loud barking or howling
of any dog, the dog control officer or dog ranger may---
(a) Enter at any reasonable time upon the land or premises, other than
a dwellinghouse, on which the dog is kept, to inspect the
conditions under which the dog is kept; and
(b) Whether or not the dog control officer or dog ranger makes such
entry, give the owner of the dog a written notice requiring that
person to make such reasonable provision on the property to
abate the nuisance as shall be specified in the notice or, if
considered necessary, to remove the dog from the land or
premises.
(2) Any person on whom notice is served under subsection (1) of this
section may, within 7 days of the receipt of the notice, object in
writing to the territorial authority against the requirements of that
notice.
(3) The territorial authority shall consider the objection and may
confirm, modify, or cancel the notice.
(4) No objection under this section shall be considered unless 7 days'
notice of the date and time when and the place at which it is to be
considered have been given to the objector, who shall be entitled to be
represented and to be heard and may submit evidence and call witnesses
in support of his or her objection.
(5) Upon the determination of the objection, the territorial authority
shall give to the objector a further notice stating the decision of the
authority, and, if the effect of the decision is to modify the
requirements of the dog control officer or dog ranger, shall set out
those requirements as so modified.
(6) As from the lodging of an objection with the territorial
authority, and pending the receipt of a further notice upon the
determination of the objection, the notice setting out the requirements
that are the subject of the objection shall be deemed to be suspended.
(7) Every person commits an offence and is liable on summary
conviction to a fine not exceeding $1,500 who, having been served with a
notice under this section,---
(a) Fails or neglects to comply with that notice (not being a notice
that as been suspended under subsection (6) of this section)
within 7 days of its receipt by that person:
(b) Fails or neglects to comply with any notice as modified or
confirmed by a territorial authority under subsection (3) of
this section within the time specified by the territorial
authority.
Cf. 1982, No. 42, s. 54