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## BYLAW #2019-11
## VILLAGE OF ACME IN THE PROVINCE OF ALBERTA ANIMAL CONTROL BYLAW
BEING A BYLAW OF THE VILLAGE OF ACME TO REGULATE THE KEEPING OF ANIMALS WITHIN ITS COPORATE LIMITS.
WHEREAS, the Council of the Village of Acme supports responsible pet Ownership within the Village and will support and enforce that all Owners are caring for and controlling their Animals within the Village;
AND WHEREAS, section 7(a) of the Municipal Government Act, R.S.A. 2000, c. M-26, as amended, authorizes a municipality to pass Bylaws respecting the safety, health and welfare of people and the protection of people and property;
AND WHEREAS, section 7(h) of the Municipal Government Act, R.S.A. 2000, c. M-26, as amended, authorizes a municipality to pass Bylaws respecting wild and domestic Animals and activities in relation to them;
AND WHEREAS, Council has deemed it necessary to pass a Bylaw to regulate and control Dogs, Cats and other Animals;
NOW THEREFORE, the Council of the Village of Acme, duly assembled, enacts as follows:
## PART 1 - SHORT TITLE
- 1.1 This Bylaw shall be cited as "The Animal Control Bylaw"
## PART 2 - DEFINITIONS
- 2.1 In this Bylaw, unless the context otherwise requires
- 2.1.1 "Altered" means spayed or neutered;
- 2.1.2 "Animal" means any bird, reptile, amphibian, or mammal excluding humans and wildlife, includes domestic Dogs and Cats;
- 2.1.3 "Animal Shelter" means any facility designated by the Village for the care of and Impoundment of Animals and includes Premises supplied by an independent contractor;
- 2.1.4 "Business Day" or "Day" means any day that the administration office of the Village of Acme is open for regular business.
- 2.1.5 "CAO" means Chief Administrative Officer for the Village of Acme or his/her designate;
## Animal Control Bylaw
- 2.1.6 "Cat" means any domestic member of the feline family;
- 2.1.7 "Cat Trap" means a humane trap designed to contain a Cat without injuring or killing the Cat;
- 2.1.8 "Competent Person" means a Person who is physically and mentally capable of restraining and controlling an Animal to an extent that the Animal cannot interfere with other Persons, Animals, or damage property;
- 2.1.9 "Council" means the body of elected representatives that govern the Village;
- 2.1.10 "Dangerous Dog" means a Dog that the courts declare to be dangerous under the Dangerous Dogs Act R.S.A. 2000 c. D-3 as amended from time to time;
- 2.1.11 "Dog" means any domestic member of the canine family;
- 2.1.12 "Fowl" means a creature with feathers, including all poultry. This does not include small pet birds;
- 2.1.13 "Guide Dog" means a Guide Dog as defined by the Blind Persons' Rights Act R.S.A. 2000 c. B-3 as amended;
- 2.1.14 "Holiday" means a day declared to be a Holiday by Federal, Provincial, or Municipal Statutes;
- 2.1.15 "Impound" means to retain in a place designated by Council;
- 2.1.16 "Kennel" means a shelter, room, or place located in a properly zoned area, according to the Village's Land Use Bylaw as amended;
- 2.1.17 "Land Use Bylaw" means the Land Use Bylaw in the Village of Acme as amended;
- 2.1.18 "Leash" means a restraint made of material capable of restraining the Animal on which it is being used;
- 2.1.19 "License" means an Animal License issued by the Village in accordance with the provisions of this Bylaw;
- 2.1.20 "License Tag" means an identification tag issued by the Villageshowing the License number of a specific Animal;
- 2.1.21 "Livestock" includes but is not limited to:
- 2.1.23.1 a horse, ass, mule, swine, emu, ostrich, camel, llama, alpaca, sheep, or goat;
- 2.1.23.2 domestically reared or kept deer, reindeer, moose, elk, or bison;
- 2.1.23.3 farm bred fur bearing animals including foxes or mink;
- 2.1.23.4 a member of the bovine species;
- 2.1.23.5 a member of the avian species, including chickens, turkeys, ducks, geese, or pheasants;
- 2.1.23.6 bees; and
- 2.1.23.7 all other animals that are kept for agricultural purposes; but does not include Dogs, Cats or small pet birds.
- 2.1.22 "Municipal Tag" means a written Notice, in a form approved by the CAO, issued by a Peace Officer, to advise a Person that a violation of this Bylaw has occurred and that, by payment of a specified amount for the offence within a set time period, that Person will avoid prosecution for the offence;
- 2.1.23 "Muzzle" means a device of sufficient strength placed over an Animal's mouth to prevent it from biting;
- 2.1.24 "Notice" means written or verbal communication;
- 2.1.25 "Owner" or "Ownership" means any Person:
- 2.1.27.1 to whom an Animal is Licensed pursuant to this Bylaw;
- 2.1.27.2 who has legal title to the Animal;
- 2.1.27.3 who has permanent possession, custody, and financial responsibility of an Animal;
- 2.1.27.4 who temporarily has found or trapped an Animal and has taken control of it for the purposes of locating its Owner and/or turning it over to a pound, Animal Shelter, or Peace Officer;
- 2.1.27.5 who harbours the Animal, or allows the Animal to remain on his/her Premises;
- 2.1.27.6 For the purposes of this Bylaw, an Animal may have more than one Owner, any or all who may be charged under this Bylaw.
- 2.1.26 "Peace Officer" means any member of the RCMP, Special Constable, Community Peace Officer, Bylaw Enforcement Officer or designate; including but not limited to, a Person hired or contracted by the Village to enforce the provisions of this Bylaw;
- 2.1.27 "Person" means any male or female, firm, corporation, society or partnership;
- 2.1.28 "Property" or "Premises" means any vehicles, land, or buildings, excluding dwellings;
- 2.1.29 "Provincial Offences Procedures Act" means the Provincial Offences Procedures Act, R.S.A. 2000, c. P-34, as amended or repealed and replaced from time to time;
- 2.1.30 "Provincial Violation Ticket" means a ticket issued pursuant to Part 2 of the Provincial Offences Procedures Act, R.S.A.2000, c. P-34, as amended, and any regulations thereunder;
- 2.1.31 "Remedial Order" means an order as described in Section or Section 546 of the Municipal Government Act;
- 2.1.32 "Running at Large" means any Animal that is not under control of a Competent Person by means of a Leash and is upon property other than that which the Owner of the Animal has the right of occupancy;
- 21.33 "Secure Enclosure" means a building, cage, or fenced area of such construction that will not allow the Animal to jump, climb, dig, or force its way out, and is capable of being locked;
- 2.1.34 "Service Dog" means a service Dog as defined in the Service Dogs Act R.S.A. 2007 c. S-7.5 as amended;
- 2.1.35 "Strict Liability Offences" means liability that is set upon the defendant without need to prove intent, negligence or fault, as long as it can be proven that it was the defendant's object that caused the damage;
- 2.1.36 "Vicious Animal" means any Animal, whether on public or private property, that:
- 2.1.35.1 has, without provocation, chased, attacked, or bitten any Person or Animal, causing physical injury and resulting in a conviction under this Bylaw;
- 2.1.35.2 has, without provocation, chased, attacked, or bitten any Person or Animal on more than one occasion, with or without causing physical injury, and resulting in separate convictions under this Bylaw;
- 2.1.35.3 has threatened or created the reasonable apprehension of a threat to any Person or other domestic Animal;
- 2.1.35.4 has been declared by a court to be a Vicious Animal, or declared, pursuant to a Bylaw of another municipal jurisdiction, to be a Vicious Animal; or
- 2.1.35.5 has been made subject to an order under the Dangerous Dogs Act R.S.A. 2000 c. D-3, as amended.
- 2.1.37 "Wildlife" means wildlife as defined by the Wildlife Act, R.S.A. 2000, W- 10, as amended.
- 2.1.38 "Village" means the Village of Acme.
## PART 3 - INTERPRETATION
- 3.1 The provisions of this Bylaw shall apply to any Animal, as specified by this Bylaw.
## Animal Control Bylaw
- 3.2 in the event of any proceedings under this Bylaw, whether it is the Impounding of any Animal or the commencement of any proceedings by way of summons, the burden of establishing Ownership and whether any Animal is under the control of a Competent Person shall be upon the Owner.
- 3.3 The Owner of an Animal is guilty of an offence if the Owner fails to comply with any of the provisions of this Bylaw and is subject to the penalty as specified in "Schedule C - Prescribed Penalties" attached to and forming part of this Bylaw.
## PART 4 - SPECIFIC PROHIBITIONS
- 4.1 No Person will have possession of or keep wildlife within the Village of Acme.
- 4.2 No Person will have possession of or keep any of the following within the Village of Acme:
- 4.2.1 Livestock, other than one pet rabbit per household;
- 4.2.2 pot-bellied pigs;
- 4.2.3 poultry or Fowl;
- 4.2.4 bees; or
- 4.2.5 species deemed to be dangerous or infectious by a medical officer of health or veterinarian.
- 4.3 Notwithstanding Sections 4.1 and 4.2, Livestock may be kept temporarily within the following locations:
- 4.3.1 veterinary clinics or animal hospitals;
- 4.3.2 exhibition grounds; or
- 4.3.3 those areas of the Village which are classified as agricultural in compliance with the Land Use Bylaw.
## PART 5 - LICENSING OF ANIMALS
## Requirements of Licenses
- 5.1 Every resident of the Village of Acme who is the Owner of a Dog or Cat shall annually purchase a License from the Village for each Dog or Cat owned as per "Schedule B- Rates and Fees" attached to and forming part of this Bylaw.
- 5.1.1 on or before January 31 of the current License year;
- 5.1.2 within thirty (30) days following the Dog or Cat having attained three (3) months of age;
- 5.1.3 within thirty (30) days after acquiring possession of the Dog or Cat; or
- 5.1.4 within thirty (30) days after establishing residence in the Village; whichever date is the latter.
- 5.2 A License shall be valid from January 1 to December 31 regardless of the actual date upon which the License was purchased.
- 5.3 Before the issuance or renewal of a License, the Owner must submit to the Village:
- 5.3.1 a completed written application in the form specified by the Village;
- 5.3.2 the License fee as established by "Schedule B - Rates and Fees" attached to and forming part of this Bylaw;
- 5.3.3 proof of the Dog or Cat being Altered, if applicable;
- 5.3.4 proof of the Dog or Cat being vaccinated for Rabies, unless deemed nonapplicable due to age or another reason decided by the CAO; and
- 5.3.5 any additional information required by the CAO.
- 5.4 Where a License is required and has been paid for by the tender of an uncertified cheque, the License is automatically revoked if the cheque is not accepted by the bank on which it was issued.
- 5.5 No Person shall be entitled to a License rebate or refund under this Bylaw.
- 5.6 Every Owner named on a Village Dog or Cat License shall be at least eighteen (18) years of age.
- 5.7 An Animal left in the care of a Person for a period of thirty (30) consecutive days or more shall be deemed to belong to that Person and that Person shall be responsible for all provisions of this Bylaw as the Owner of the Animal.
- 5.8 Any Owner of an Animal which is not Licensed, and which is required to be Licensed pursuant to this Bylaw, is guilty of an offence as per "Schedule C - Prescribed Penalties" attached to and forming part of this Bylaw.
- 5.9 Any Person who provides the Village with false or misleading information with respect to the information required in accordance with this Bylaw is guilty of an offence as per "Schedule CPrescribed Penalties" attached to and forming part of this Bylaw.
## Non-Resident Animals
- 5.10 Licensing provisions of this Bylaw shall not apply to a Dog or Cataccompanying a Person temporarily in the Village on business or vacation for a period:
- 5.10.1 not exceeding thirty (30) days;
- 5.10.2 not exceeding ninety (90) days in a calendar year if the Dog or Cat is Licensed in another municipality; however, the Owner must provide the Village with:
Animal Control Bylaw
- 5.10.3 satisfactory proof of licensing in another municipality; and
- 5.10.4 record of the Dog or Cat's basic information, reason, place and length of stay;
- 5.10.5 not exceeding ninety (90) days in a calendar year if the Dog or Cat permanently resides in another municipality that does not require licensing of Dogs and Cats:
- 5.10.6 satisfactory proof of non-licensing requirement in another municipality; and
- 5.10.7 record of the Dog or Cat's basic information, reason, place and lengthof stay.
- 5.10.8 The CAO may authorize in writing an extended period of time.
## Exemptions
- 5.11 Annual licensing fees shall be waived for the following:
- 5.11.1 a Registered Guide Dog; and
- 5.11.2 a Registered Service Dog.
All other provisions of this Bylaw shall still apply.
- Animals in the Village for parades, gymkhanas, exhibitions and rodeos duly authorized by the Village are not subject to the provisions of this Bylaw, provided, that in all instances such Animals are under the direct care and supervision of Competent Persons.
## Police Service Dogs
- 5.13 This Bylaw does not apply to an RCMP Service Dog while it is in active service.
## Number of Animals
- 5.14 No Person shall keep, harbour, or have more than three (3) Dogs or three (3) Catsor a total of four (4) Animals per dwelling unit.
- Any Person who owns, keeps, or harbours more than three (3) Dogs or three (3) Cats or a total of four (4) Animals over the age of three (3) months without obtaining the required development permit and business License for a Kennel in accordance with the Village's Land Use Bylaw, is guilty of an offence as per "Schedule B- Rates and Fees" attached to and forming part of this Bylaw.
- 5.16 Notwithstanding Sections 5.14 and 5.15, any Person who has more than three (3) Dogs or three (3) Cats or a total of four (4) Animals properly Licensed with the Village in accordance with the Animal Control Bylaw #2016-08 prior to the date of repeal, may renew the Licenses for said Licensed Animals. Any such Licenses in excess of the number permitted under this Bylaw will cease to be valid upon the transfer of Ownership, relocation from Village, or death of said Animals) until such time as the number of Animals owned by a Person becomes compliant with this Bylaw.
Animal Control Bylaw
- 5.17 Subject to the provisions of the Land Use Bylaw, Section 5.14 does not apply to a business Licensed by the Village to provide Kenneling, animal care, or veterinary services.
## License Tag
- 5.18 The Owner or any other Person having care or control of a Dog or Cat shall, at all times while it is off the property of the Owner, ensure the Dog or Cat wears a collar and current License Tag issued by the Village.
- 5.19 In case a Dog or Cat License Tag is lost or destroyed, the Owner shall contact the Village within ten (10) days and a replacement tag will be issued upon payment of the fee as specified in "Schedule B - Rates and Fees" attached to and forming part of this Bylaw, provided records indicate such a payment was made.
- 5.20 License Tags are not transferable from one Animal to another.
## Revoking of a License
- 5.21 The CAO may revoke any License if;
- 5.21.1 the Owner fails to comply with the conditions of the License;
- 5.21.2 the License was issued on the basis of incorrect information, or misrepresentation by the applicant;
- 5.21.3 the Animal is deemed Vicious;
- 5.21.4 the License was issued in error; or
- 5.21.5 the Owner breaches a provision of this Bylaw.
In the case of a revocation of License, the Owner will be given reasons in writing. The revocation may be appealed through the same process as provided for in Part 11.2 to Part 11.4 of this Bylaw.
## Animal Services
- 5.22 No Person shall breed Animals within the Village unless a business License for a Kennel is obtained from the Village pursuant to the Land Use Bylaw and the Business License Bylaw.
- 5.23 No Person shall provide pet care services, as defined by the Land Use Bylaw, within the Village without an approved development permit pursuant to the Land Use Bylaw and a business License pursuant to the Business License Bylaw.
## PART 6 - RESPONSIBILITY OF OWNERS
## Running at Large
- 6.1 The Owner of an Animal shall:
## Animal Control Bylaw
- 6.1.1 ensure that the Animal is not running at large;
- 6.1.2 ensure that the Animal, when not on the Owner's property, is Leashed and under the control of a Competent Person; and
- 6.1.3 ensure that when an Animal defecates on any public or private property other than the property of the Owner, the feces shall immediately be removed and properly disposed of in a garbage receptacle.
- 6.2 The Owner of a female Animal in heat shall keep the female housed or confined throughout the entire heat period unless the Animal is being walked on a Leash.
## Health of Animals
- 6.3 Owners shall provide their Animal with food, fresh water, and adequate shelter, as per the Animal Protection Act, R.S.A. 2000, c. A-41, as amended.
- 6.4 No Owner shall keep, harbour, or have custody of any Animal over three (3) months of age within the boundaries of the Village without having such Animal vaccinated for rabies.
## Communicable Diseases
- 6.5 An Owner of an Animal which is suffering from a communicable disease as defined by Federal or Provincial authorities shall:
- 6.5.1 not permit the Animal to be in a public place;
- 6.5.2 not keep the Animal in contact with or in proximity to any other Animal free of such disease;
- 6.5.3 keep the Animal secured within the Owner's residence or tied up in the Owner's yard; and
- 6.5.4 immediately report the matter to the Peace Officer and a veterinarian.
## Nuisance Behaviour
- 6.6 Animal Owners shall ensure that their Animal shall not upset any waste receptacles or scatter the contents thereof either in or about a street, lane, or other public property or in or about Premises not belonging to the Owner of the Animal.
## Threatening Behaviour
- 6.7 Animal Owners shall ensure that their Animal shall not bite, or chase other Animals, bicycles, automobiles, or other vehicles;
- 6.7.1 chase or otherwise threaten a Person(s), whether on the property of the Owner or not, unless the Person(s) chased or threatened is a trespasser on the property of the Owner;
## Animal Control Bylaw
- 6.7.2 cause damage to property or other Animals, whether on the property of the Owner or not;
- 6.7.3 do any act that injures a Person(s) whether on the property of the Owner or not;
- 6.7.4 bite a Person(s), whether or not the bite causes harm or 'breaks skin', and whether on the property of the Owner or not;
- 6.7.5 attack a Person or Persons, whether on the property of the Owner or not;
- 6.7.6 attack a Person(s), whether on the property of the Owner or not, causing severe physical injury; or
- 6.7.7 cause death to another Animal.
- No Owner shall use or direct an Animal to attack, chase, harass, or threaten a Person or Animal.
## Animals in Prohibited Areas
- 6.9 The Owner of an Animal shall ensure that such animal does not enter or remain in or on:
- 6.10.1 a school ground, playground, sports field, wading, or swimming area; or
- 6.10.2 any other area where Animals are prohibited by posted signs.
## Abandoned Animals
- 6.10 An Animal shall be considered abandoned when:
- 6.10.1 the Animal is left behind at a Premises or in a neighborhood after the Owner has moved away;
- 6.10.2 the Animal, for whatever reason, is running at large and the Owner has not made reasonable attempts to locate the Animal; or
- 6.10.3 the Owner, for whatever reason cannot be located.
## Animals in Motor Vehicles
- 6.11 Animals shall only be permitted to ride in the passenger cab of a motor vehicle regardless of whether the motor vehicle is moving or parked and/or on public or private property when:
- 6.12.1 there is adequate ventilation and temperature control provided for the health and wellbeing of the Animal; and
- 6.12.2 the Animal is restricted and restrained so as to prevent the Animal's escape from the vehicle, or its access to Persons or Animals in the vicinity of the vehicle.
- 6.12 A driver of a vehicle shall not permit any Animal to occupy the front seat of the vehicle in such a
manner so as to impede the driver in the free and uninterrupted access to and use of the steering wheel, brakes, and other equipment required to be used for the safe operation of the vehicle.
- 6.13 A Person may allow an Animal to be outside of the passenger cab of a motor vehicle, including riding in the back of a pickup or flatbed truck if the Animalis:
- 6.14.1 in a fully enclosed trailer;
- 6.14.2 in a ventilated topper enclosing the bed area of a truck;
- 6.14.3 contained in a ventilated Kennel or similar device securely fastened to the bed of the truck; or
- 6.14.4 securely tethered in such a manner that it is not standing on bare metal, cannot jump or be thrown from the vehicle, is not in danger of strangulation, and cannot reach beyond the outside edges of the vehicle.
## Designated Areas and Parks
- 6.14 Council may designate a public area in which no Animals are allowed and may post signs to this effect.
- 6.15 Council may designate any public area where an Animal may be exercised while not restrained by a Leash.
- 6.16.1 No Owner of a Vicious Dog shall permit the Dog to be in an off-leash area at any time;
- 6.16.2 The provisions of this Bylaw apply, with all necessary modifications, to an off-leash area.
- 6.16 The Owner of an Animal shall carry a Leash while with an Animal in a designated off-leash area.
- 6.17 The Owner of an Animal is guilty of an offence if the Animal is in an off-leash area and exhibits threatening behavior toward any other Animal or a Person and the Owner fails to secure and/or remove the Animal immediately from the off-leash area.
## Interference
- 6.18 No Person other than the Owner shall:
- 6.19.1 untie or loosen an Animal which is not in distress, as defined by the Animal Protection Act as amended; or
- 6.19.2 willfully or negligently open a gate, door or other opening in a fence, pen or enclosure in which an Animal has been confined.
- 6.19 No Person shall abuse, tease, torment, or provoke an Animal.
## PART 7 - VICIOUS ANIMALS
## Insurance
- 7.1 The Owner of a Vicious Animal shall have liability insurance specifically covering any damages from personal injury caused by the Vicious Animal of not less than three million dollars ($3,000,000).
## Signage
- 7.2 The Owner of a Vicious Animal shall:
- 7.2.1 display signage at each entrance to the Owner's property and on the secure enclosure in which the Vicious Animal is confined; and
- 7.2.2 purchase signs, as specified in Schedule "A" of this Bylaw, warning of the presence of a Vicious Animal on the Owner's property.
## Licensing Requirements for Vicious Animals
- 7.3 The Owner of an Animal that has been declared a Vicious Animal pursuant to this Bylaw shall submit an application for a Vicious Animal License from the Village immediately upon becoming the Owner of a Vicious Animal.
- 7.4 A Vicious Animal License shall be issued to the Owner of a Vicious Animal provided the Owner has:
- 7.4.1 completed an application as specified by the Village;
- 7.4.2 paid the annual License fee for a Vicious Animal as specified in the Fees and Rates Bylaw: Animal Control; and
- 7.4.3 supplied to the Village satisfactory proof that:
- 7.4.3.1 the Animal has been tattooed or implanted with an electronic identification microchip by a veterinarian;
- 7.4.3.2 the Animal has a current vaccination for rabies;
- 7.4.3.3 the Animal has been Altered by a veterinarian;
- 7.4.3.4 the Owner has a secure enclosure capable of preventing entry of any Person except the Owner, and escape of the Animal, in accordance with Section 7.13 of this Bylaw;
- 7.4.3.5 the Owner has a valid liability insurance policy as required by this Bylaw;
- 7.4.3.6 clear and visible signs have been posted on the Owner's property warning of
the presence of a Vicious Animal, as required by this Bylaw; and
- 7.4.3.7 submitted any additional information as required by the CAO or a Peace Officer in a timely manner.
- 7.5 Upon receipt of a written application to License a Vicious Animal, a Peace Officer is authorized to enter upon the property of the Owner to inspect any place where the Animal will be kept, including, but not limited to the secure enclosure, to ensure it meets the requirements of this Bylaw.
- 7.6 No Owner of a Vicious Animal may own, keep, or have more than one (1) Vicious Animal on the Premises at any time.
## Declaration
- 7.7 An Animal may be declared by a Peace Officer or the CAO to be a Vicious Animal pursuant to this Bylaw and will be Licensed as such by the Village and subject to special provisions of this Bylaw pertaining to Vicious Animals.
- 7.8 The Owner of an Animal declared to be Vicious pursuant to this Declaration shall be served with a Notice setting out the reasons therefore, the responsibilities of an Owner of a Vicious Animal pursuant to this Bylaw, and the process of an appeal available to the Owner.
- 7.9 Within two (2) Business Days after the end of the appeal period of an Animal being declared a Vicious Animal, the Owner must become compliant with this Bylaw.
## Responsibility of Owners of Vicious Animals
- 7.10 The Owner of a Vicious Animal shall:
- 7.10.1 ensure that the Animal wears a current License Tag issued by the Village, and is securely attached to a collar at all times;
- 7.10.2 when selling or otherwise giving the Animal to a new Owner within the Village, fully inform the new Owner that the Animal has been declared a Vicious Animal by the Village; and
- 7.10.3 notify the Village of the change in Ownership of the Animal or the death of the Animal within two (2) Business Days of the date of change in Ownership or death.
- 7.11 When a Vicious Animal is on the Premises of the Owner, the Owner or any other Person having care or control of a Vicious Animal, shall, at all times, ensure that:
- 7.11.1 the Animal is confined indoors, or
- 7.11.2 when the Animal is not confined indoors, it is confined in a locked, secure enclosure that complies with the provisions of Section 7.13.
- 7.12 The Owner of a Vicious Animal shall ensure the Animal does not:
## Animal Control Bylaw
- 7.12.1 chase or otherwise threaten a Person(s), whether on the property of the Owner or not, unless the Person(s) chased or threatened is a trespasser on the property of the Owner;
- 7.12.2 cause damage to property or other Animals, whether on the property of the Owner or not;
- 7.12.3 bite a Person(s), whether on the property of the Owner or not;
- 7.12.4 attack a Person(s), whether on the property of the Owner or not, causing severe physical injury; or
- 7.12.5 cause death to another Animal.
## Secure Enclosure
- 7.13 For the purposes of this Bylaw, a secure enclosure shall:
- 7.13.1 be of minimum dimensions of one and one half (1.5) meters by three (3) meters and two (2) meters in height;
- 7.13.2 have secure sides and a secure top, and if it has no bottom secured to the sides, the sides must be embedded into the ground to a minimum depth of thirty (30) centimeters;
- 7.13.3 not be located within two (2) meters of the property line of the Owner or within five (5) meters of a neighbouring residential dwelling; and
- 7.13.4 provide shelter from the elements.
## Fencing
- 7.14 The Owner shall fence the yard of property to the maximum height as perthe Land Use Bylaw.
## Vicious Animal off Owner's Property
- 7.15 At all times, when a Vicious Animal is off the property of the Owner, the Owner or any other Person having care or control of the Vicious Animal, shall ensure that the Animal is:
- 7.15.1 securely Muzzled;
- 7.15.2 secure in a harness or Leash which shall not exceed 1.0 meter in length and is adequate to control the Animal;
- 7.15.3 under the control of a Competent Person who is at least eighteen (18) years of age;
- 7.15.4 not running at large.
- 7.16 If the Animal is running at large, the Village must be notified immediately.
- 7.17 The Animal is prohibited from any off-leash area.
Animal Control Bylaw
- 7.18 An Owner of a Vicious Animal who contravenes any provision of this Bylaw is guilty of an offence and is subject to penalties applicable as provided for in the Fees and Rates Bylaw: Animal Control.
## PART 8 - PEACE OFFICER AUTHORITY
## Seizure and Impounding
- 8.1 A Peace Officer may capture and Impound any Animal:
- 8.1.1 which has engaged in any activity that contravenes any provision of this Bylaw; or
- 8.1.2 which is required to be Impounded pursuant to the provisions of any statute of Canada or the Province of Alberta, or any regulation thereunder.
- 8.2 A Peace Officer may enter any Property or Premises for the purpose of Impounding and capturing of an Animal pursuant to this Bylaw.
- 8.3 A Peace Officer may use any humane method, including but not limited to, the use of capture devices or tranquilizer equipment to capture an Animal that is subject to Impoundment pursuant to this Bylaw.
## Obstruction
- 8.4 Any Person, whether or not the Owner, who withholds or provides false or misleading information with respect to Ownership of an Animal to a Peace Officer who is conducting an investigation with respect to an offence or alleged offence under this Bylaw, is guilty of an offence as specified by "Schedule C- Prescribed Penalties" attached to and forming part of this bylaw.
- 8.5 Any Person who wilfully interferes with or obstructs a Peace Officer who is attempting to capture or Impound an Animal, or is in possession of an Animal captured or Impounded pursuant to this Bylaw, is guilty of an offence as specified by "Schedule C - Prescribed Penalties" attached to and forming part of this bylaw.
- 8.6 Any Person who springs or otherwise tampers with or damages a live trap in which Animals are to be trapped, or have been trapped, so as to allow any Animal to escape from the trap, is guilty of an offence as specified in "Schedule C - Prescribed Penalties" attached to and forming part of this bylaw.
## Impounded Animals
- 8.7 An Impounded Animal may be reclaimed by or on behalf of the Owner after payment is made to the Village during normal office hours of:
- 8.7.1 any required Animal License fee;
- 8.7.2 the other fees as set out in "Schedule B - Rates and Fees" attached to and forming part of this Bylaw, relating to the Animal's capture, Impoundment, care, and sustenance; and
- 8.7.3 the costs of any required veterinary services provided. For the purposes of this section, "day" means any day of the week, including weekends and Holidays, or any portion thereof, when calculating number of days for care and sustenance.
- 8.8 An Impounded Animal will be retained for a maximum of three (3) days.
- 8.9 A Peace Officer may retain an Animal for a longer period than provided in Section 8.8 of this Bylaw, if it is determined that circumstances warrant the extension. The decision to allow such an extension is at the discretion of the Peace Officer. All additional expenses are the responsibility of the Owner.
- 8.10 An Impounded Animal that is not claimed within the applicable time period and in accordance with the provisions of this Bylaw, may be disposed of under the authorization of a Peace Officer by:
- 8.10.1 selling or adopting out; or
- 8.10.2 euthanization.
- 8.11 In the case of an Animal that is obviously in extreme distress due to injury, a Peace Officer may cause the Animal to be euthanized in a humane manner without consulting a veterinarian when such consultation cannot be done in a timely manner.
- 8.12 When an Impounded Animal is disposed of in accordance with Section 8.10.1 of this Bylaw, the Owner at the time it was Impounded shall cease to have any right to the Animal and such right or title shall transfer to a Person who has adopted the Animal.
## Adoption
- 8.13 Any Person(s) adopting an Impounded Animal shall:
- 8.13.1 complete an application in the form specified by the Village;
- 8.13.2 pay the adoption fee as specified in the Fees and Rates Bylaw: Animal Control; and
- 8.13.3 comply with this Bylaw if the Animal will reside within the Village.
## PART 9 - EXOTIC ANIMALS
- 9.1 No Person shall keep or cause to be kept any snake, reptile, lizard, insect, or arachnid not otherwise prohibited by this Bylaw unless housed in an escape-proof enclosure.
- 9.2 Licensing of an exotic Animal is at the sole discretion of the CAO and is not guaranteed.
- 9.2.1 licensing will be only be considered upon receipt of a written application in the form specified by the Village;
- 9.2.2 any fees as specified in "Schedule B - Rates and Fees" attached to and forming part of this bylaw shall apply;
- 9.2.3 the provisions of any statute of Canada of the Province of Alberta, or any regulation thereunder must be followed.
## PART 10 - ENFORCEMENT
- 10.1 A Peace Officer is hereby authorized and empowered to issue a Remedial Order, Municipal Tag and/or Provincial Violation Ticket to any Person, whom the Peace Officer has reasonable grounds to believe has contravened any provision of this Bylaw.
- A Peace Officer may, for the purpose of ensuring that the provisions of this Bylaw are being complied with, enter in or upon any Property, in accordance with Section 542 of the Municipal Govemment Act, to carry out an inspection, enforcement or other action required or authorized by this Bylaw, the Municipal Government Act, or other statute.
- 10.3 When exercising their authority to enter onto Property for inspection or enforcement under Section 5.2, a Peace Officer shall provide the Owner or Occupant of the Property with reasonable Notice as required by the Municipal Government Act.
- If a Municipal Tag is issued in respect of an offence, the Person receiving the Municipal Tag may pay the fine amount as per the amount specified on the Municipal Tag on or before the required date in order to avoid further prosecution for the offence.
- 10.5 If a Provincial Violation Ticket is issued in respect of an offence, the Person receiving the Provincial Violation ticket may the fine amount as per the amount specified on the Violation Ticket on or before the required date in order to avoid further prosecution for the offence.
- 10.6 No Person shall obstruct, hinder or impede any authorized representative of the Village in the exercise of their powers or duties pursuant to this Bylaw
## Summary Convictions
- 10.7 Any Person who contravenes any provision of this Bylaw is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000 and not less than $100 and in default of payment is liable to imprisonment for a term not exceeding six (6) months.
- 10.8 Notwithstanding Section 10.10, the minimum fine on summary conviction with respect to this Bylaw in relation to a Vicious Animal shall be $750.
- 10.9 The specified penalty in respect of a contravention of a specific provision ofthis Bylaw is the amount provided for in "Schedule B - Rates and Fees" attached to and forming part of this Bylaw.
## Additional Penalties
- 10.10 A Provincial Court Judge or Justice may, upon convicting the Owner of an Animal, in addition to penalties provided for in this Bylaw:
- 10.10.1 direct or order the Owner of the Animal to:
- 10.10.1.1 take measures to stop the Animal from engaging in any activity that constitutes a contravention of this Bylaw;
- 10.10.1.2 have the Animal removed from the Village;
- 10.10.1.3 have the Animal euthanized; or
- 10.10.1.4 be prohibited from owning any Animal for a specified period of time.
- 10.10.2 declare the Animal involved in the contravention resulting in the conviction to be a Vicious Animal pursuant to this Bylaw.
## PART 11 - DEEMED SERVED
- 11.1 A Municipal Tag issued by a Peace Officer Pursuant to any of the provisions of this Bylaw shall be deemed to have been duly given and served on the Person whom it is addressed:
- 11.11.1 being personally delivered to the Person named on the Municipal Tag; or
- 11.11.2 upon sending the Municipal Tag by regular mail to the address as is shown on the assessment roll. A Municipal Tag will be considered served after 5 (five) Business Days upon mailing.
- 11.2 A Remedial Order issued by a Peace Officer pursuant to any of the provisions of this Bylaw shall be deemed to have been duly given and served on the Person whom it is addressed:
- 11.21.1 being personally delivered to the Person named on the Remedial Order; or
- 11.21.2 upon sending the Remedial Order by regular mail to the address as is shown on the assessment roll. A Remedial Order will be considered served after 5 (five) Business Days upon mailing; or
- 11.21.3 upon being posted on a conspicuous place on the property that is in contravention
- 11.3 A Provincial Ticket issued by a Peace Officer pursuant to any of the provisions of this Bylaw shall be deemed to have been duly given and served:
- 11.31.1 on the Person to whom it is addressed pursuant to the Provincial Offences Procedures Act; or
- 11.31.2 swearing an Information and Complaint against the Person; or
- 11.31.3 by leaving a copy for such Person at his/her residence with an individual at the residence who appears to be at least 18 years of age, and such service shall be adequate for the purposes of this Bylaw
- 11.4 A Provincial Violation Ticket may be served on a Person which is a corporation, either:
- 11.41.1 by sending it by registered mail to the registered office of the corporation. A Provincial Violation Ticket will be considered served after 5 (five) Business Days upon mailing; or
- 11.41.2 by delivering it personally to the manager, secretary or other executive officer of the corporation or the Person apparently in charge of a branch office of the corporation at an address held out by the corporation to be its address, and such service shall be adequate for the purposes of this Bylaw.
- 11.5 This Section does not prevent a Peace Officer form issuing a Provincial Violation Ticket requiring a Court appearance by the Defendant in accordance with the Provincial Offences Procedures Act.
## PART 12 - OFFENCES AND PENALTIES
- 12.1 Any Person violating a provision of this Bylaw is guilty of an offence and is liable to pay the amount as set out in Schedule "B" and /or Schedule "C" Specified Penalties of this bylaw, or any enforcement costs described in this Bylaw.
## PART 13 - RECOVERY OF ENFORCEMENT COSTS
- 13.1 The expenses incurred by the Village in carrying out enforcement action pursuant to this Bylaw constitutes a debt owing to the Village from the Person responsible for the Bylaw contravention and may be collected by civil action for debt in a court of competent jurisdiction, in accordance with the Municipal Government Act.
- 13.2 In the event of the Village carrying out enforcement action pursuant to a Remedial Order, the CAO is responsible for sending a demand for payment of enforcement expenses incurred by the Village, per Schedule A, to the Owner of the property where the infraction took place. If the Owner fails to pay the enforcement expenses incurred by the Village within the time frame set out in the demand for payment, the CAO shall place the unpaid expense amount onto the tax roll of the subject Property and that amount:
- 13.2.1 is deemed to for all purposes to be a tax imposed under Division 2 of Part 10 of the Municipal Government Act from the date it was added to the tax roll, and
- 13.2.2 forms a special lien against the Land in favour of the Village from the date it was added to the tax roll for the Land, in accordance with the Municipal Government Act.
## PART 14 - TRANSITIONAL
- 14.1 An existing License issued under Bylaw #2016-08 remains valid until the term of such License expires.
## PART 15 - GENERAL
- 15.1 If any Section or Parts of this Bylaw are found in any court of law to be illegal, or are otherwise invalid and beyond the power of the Council to enact, such Section or parts shall be deemed to be severable and all other Section or parts of this Bylaw shall be deemed to be separate and independent there from and to be enacted as such.
- 15.2 Bylaw No. 2016-08 and any amendments thereto are hereby repealed.
- 15.3 Bylaw No. 2015-07 and any amendments thereto are hereby repealed.
- 15.4 Bylaw No. 5-1979 and any amendments thereto are hereby repealed.
- 15.5 Bylaw No. 2000-2 and any amendments thereto are hereby repealed
- 15.6 Bylaw No. 3-1980 and any amendments thereto are hereby repealed
- 15.7 Bylaw No. 7-89 and any amendments thereto are hereby repealed.
- 15.7.1 Bylaw No. 2018-15 Animal Control Bylaw adopted on the 10th Day of December 2018 is hereby repealed.
- 15.8 Bylaw No. 2019-01 and any amendments thereto are hereby repealed.
- 15.9 This Bylaw shall come into effect after a third reading and upon being signed.
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READ a first time this 26ih day of August 2019.
Catherine Murray Chief Administrative Officer
READ a second time this 26th day of August 2019.
Brúce McLeo Mayor
Catherine Murray cMay
Chief Administrative Officer
## MOTION TO PROCEED TO THIRD READING CARRIED UNANIMOUSLY
READ a third and final time and passed this 26i day of August 2019.
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ruce McLeoc Mayor
ChAM Catherine Murray Chief Aristate once
## Schedule "A" Vicious Dog Signage
Warning signs for a Vicious Dog must meet the following specifications:
1. Be a minimum six (6) inches by six (6) inches (15 cm by 15 cm) in size.
2. Contain the word "WARNING" or "DANGER" in minimum ¾" (2 cm) size font.
3. Contain wording identifying a "VICIOUS DOG on Premises".
4. Contain a visual warning symbol of a Dog.
5. Be made of a rigid material that is resistant to weather and capable of being attached outdoors to a secure enclosure or fence.
A sample sign (not to scale):
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## Schedule "B" Rates and Fees
| Dog and Cat Licenses | Dog and Cat Licenses | Dog and Cat Licenses | Dog and Cat Licenses |
|--------------------------|--------------------------|------------------------|------------------------|
| Prior to January 31st | After January 31st | After January 31st | After January 31st |
| Sterilized | $20.00 | Sterilized | $35.00 |
| Unsterilized | $35.00 | Unsterilized | $65.00 |
| Vicious Dog | $500.00 | Vicious Dog | $1,000.00 |
| Replacement License Tags | Replacement License Tags | $5.00 | |
Impound Fees shall be as charged by the kennel plus 15% Administration fee
Licensing fees shall only be prorated for animals acquired during the year (proof of purchase/adoption is required), and those residents who move to Acme during the year.
## Schedule "C" Prescribed Penalties
| Section | Offence | Offence Fee |
|-----------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------|
| 4.1 | Keeping Wildlife within the Village of Acme | $500 |
| 4.2 | Keeping Livestock within the Village of Acme (except one rabbit per household) | $500 |
| 5.1 | Failing to License a Dog or Cat (excluding vicious Dogs) | $250 |
| 5.14 | Having more than the allowed number of Dogs and/or Cats in one residence without securing a Kennel License | $100 |
| 5.20 | Transferring a License Tag from one Animal to another | $100 |
| 5.22 | Breeding Animals within the Village without a business License for a Kennel | $200 |
| 5.23 | Providing pet care services within the Village of Acme without an approved development permit and a business License | $150 |
| 6.1.1 | Animal (Dog or Cat) running at large | $100 |
| 6.1.2 | Failing to ensure that an animal is Leashed and under the control of a Competent Person when not on the Owner's property | $150 |
| 6.1.3 | Failing to immediately remove animal feces while off the property of the Owner | $150 |
| 6.2 | Failing to keep a female animal that is in heat properly confined | $250 |
| 6.3 | Failing to provide a Dog or Cat with adequate food, fresh water, or shelter | $250 |
| 6.4 | Failing to vaccinate an Animal whose age exceeds 3 months | $250 |
| 6.5 | Allowing an Animal which is suffering from a communicable disease to be in a public space or within proximity to any other Animal free of such disease | $150 |
| 6.6 | Animal creating a nuisance, including upsetting any waste receptacles or scattering their contents on any premises not belonging to the Owner of the animal | $150 |
| 6.7.1 | Animal (Dog or Cat) acting threatening to a Person or other animals (unless the Person(s) threatened is a trespasser on the property of the Owner) | $150 |
| 6.7.2 | Animal causing damage to property or other Animals, whether on the property of the Owner or not | $150 |
| 6.7.4 | bite a Person(s), whether or not the bite causes visible harm or not, and whether on the Owner's property or not (unless the Person(s) bitten is a trespasser on the property of the Owner) | $500 |
| | Allowing an Animal in or remain in prohibited area | $75 |
| 6.13 | Failing to properly secure an Animal in a vehicle | $100 |
| 6.18 | Untie or loosen an Animal while not being the Owner, while the Animal is not is distress as defined by the Animal Protection Act as amended | $250 |
| 6.19 | Abuse, tease, torment, or provoke an Animal whether or not the individual owns it | $150 |
| 7.2 | The Owner of a vicious Dog failing to display appropriate signage as required | $250 |
| 7.3 | Failing to submit an application for a Vicious Animal License from the Village when an Animal has been declared a Vicious Animal | $250 |
| 7.6 | Owning, keeping, or having more than one (1) Vicious Animal on the Premises at any time | $250 |
| 7.13 | The Owner of a vicious Dog failing to secure the Dog as required | $250 |
| 7.14 | The Owner of a vicious Dog failing to fence their property as required | $250 |
| 7.15 | Failing to properly Muzzle or Leash the vicious Dog while off the Owner's property | $250 |
## Animal Control Bylaw
| 7.16 | Vicious Dog running at large | $250 |
|--------|--------------------------------------------------------------------------------------------------|--------|
| 7.17 | Allowing a Vicious Animal in an off-leash area | $250 |
| 7.18 | The Owner of a vicious Animal contravening any provision of this Bylaw | $150 |
| 8.4 | Providing false information to a Peace Officer or the CAO with respect to Ownership of an Animal | $500 |
| 8.5 | Interfering with or obstructing a Peace Officer in their duties | $500 |
| 8.6 | Springing, tampering, or damaging alive trap meant to trap an Animal | $75 |
| 9.1 | The Keeping of an exotic Animal without a proper License | $150 |