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ALBERTA BEACH
BYLAW #291-23
ANIMAL CONTROL BYLAW
A BYLAW OF ALBERTA BEACH IN THE PROVINCE OF ALBERTA
FOR THE PURPOSE OF REGULATING ANIMALS AND PROMOTING
RESPONSIBLE ANIMAL OWNERSHIP
__
WHEREAS the
Act, empowers a Council to pass bylaws:
a) respecting the safety, health and welfare of people and the protection of people and
property;
b) respecting nuisances;
c) respecting wild and domestic animals and activities in relation to them;
d) regulating or prohibiting activities;
e) providing for a system of licenses, permit or approvals; and
f) respecting remedying of contraventions of bylaws;
AND WHEREAS the Municipal Council of Alberta Beach deems it appropriate and in the
community interest to pass a bylaw to regulate and control domestic animals, and other animals;
NOW THEREFORE the Municipal Council of Alberta Beach, in the Province of Alberta, duly
assembled, hereby enacts as follows:
1.
SECTION 1 - TITLE
1,1,
This Bylaw may be cited as the "Alberta Beach Animal Control Bylaw/'
2.
SECTION 2 - INTERPRETATION
2,1.
In this Bylaw, the following terms shall have the following meanings:
a) "Animal" means any bird, reptile, amphibian, or mammal excluding humans and
Wildlife;
b) "Animal
Acf' means the
Act, RSA 2000, c A-41;
c) "Attack" means an assault resulting in bleeding, bone breakage, sprains, serious
bruising, or multiple injuries;
d) "Bark Excessively'' means a Dog that barks, howls, or makes any other loud noise
for a continuous period so as to unreasonably disturb the peace and tranquility
of the neighborhood;
e) "Bite" means force applied by an Animal by means of its mouth and teeth upon
a person or other Animal;
f) "Bylaw" means this Alberta Beach Animal Control Bylaw;
g) "CAQ" means the chief administrative officer for the Village;
h) "Cat" means any domesticated male or female of the feline family;
i) "Cemetery" means land within the Village that is set apart or used as a place for
the burial of dead human bodies or other human remains or in which dead human
bodies or other human remains are buried;
j) "Communicable Disease" means diseases which can be passed from animal to
animal, and from animal to person;
k) "Council" means the municipal council of the Village;
I) "Court" means the Alberta Court of Justice;
m) "Dog" means any domesticated male or female member of the canine family;
n) "Domestic Animal" means a domesticated Animal that lives and breeds in a tame
condition and, without restricting the generality of the foregoing, shall include a
Dog, a Cat, a rabbit, and a ferret, but shall not include Livestock or Wildlife;
o) "Fees and Charges Bylaw" means Village Bylaw 287-22 Fees & Rates Bylaw;
p) "Former Owner" means the Person who at the time of impoundment was the
Owner of an Animal which has subsequently been sold, given away, or destroyed;
q) "Golf Course" means land which is set aside for the playing of the game of golf
and upon which the game of golf is played;
1
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ANIMAL CONTROL BYLAW
r) "Impounded" means taken into custody of the Pound;
s) "Justice" has the meaning as defined in the Provincial
Procedures Act,
RSA 2000, c, P-34, and the regulations thereunder;
t) "Land Use Bylaw" means Village Land Use Bylaw 252-17;
u) "Leash" means a chain, rope or strap attached to the collar or harness of an
animal used to lead, restrain, or control it;
v) "License" means a License issued by the Village to an Owner for a specific Dog
pursuant to this Bylaw;
w) "Livestock" includes, but is not limited to:
i.
A horse, mule, donkey, swine, camel, llama, alpaca, sheep or goat;
ii.
Domestically reared or kept deer, reindeer, moose, elk, or bison;
iii.
Farm bred fur bearing animals including foxes or mink;
iv.
Animals of the bovine species;
v.
Emus,
ostriches,
peacocks,
peahens;
and
vi.
All other animals that are kept for agricultural purposes including bee
colonies,
but does not include Dogs or other Domestic Animals;
x) * Municipal
or the "Act" means the
Government Actt RSA
2000, c M-26 and the regulations thereunder;
y) "Municipal Violation Tag" means a notice issued by the Village that alleges an
offence and provides a person with the opportunity to pay a fine amount to the
Village in lieu of prosecution for the offence
z) "Muzzle" means a humane device of sufficient strength placed over an Animal's
mouth to prevent it from Biting;
aa) "Nuisance" with respect to the activities of any Animal means activities which,
having regard to all the circumstances, are injurious or obnoxious or likely to
unreasonably injure, endanger or detract from the comfort, health, peace or
safety of persons or property in the Village and specifically includes but is not
limited to:
i.
Biting a person or persons;
ii.
Chasing people, bicycles, automobiles or other vehicles;
iii.
Excessive noise;
iv.
Trespassing upon property;
v.
Causing damage to property, other animals or persons; or
vi.
Upsetting waste receptacles or scattering the contents thereof,
bb)"Off Leash Area" means a Park or a portion of a Park which has been designated
as an off-leash area by the Village;
cc) "Owner means any Person or body corporate, as the context requires:
i.
Who is the licensed owner of an Animal;
ii.
Who has legal title to an Animal;
iii.
Who has possession, care and control, or custody of an Animal, either
temporarily or permanently;
iv.
Who harbours an Animal or allows an Animal to remain on that Person's
premises;
v.
Who is identified as the registered owner on a title at the Land Titles
office;
vi.
Who is recorded as the Owner of a Property on the Village's assessment
roll; or
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ANIMAL CONTROL BYLAW
vii.
Who is an occupant of a Property under a lease, license or permit;
dd)"Park" means a public space controlled by the Village and set aside as a park to
be used by the public for rest, recreation, exercise, pleasure, amusement, cultural
heritage, education, appreciation of nature and enjoyment and includes:
i.
Playgrounds;
ii.
Cemeteries;
iii.
Natural areas;
iv.
Sports Fields;
v.
Pathways;
vi.
Trails;
vii.
Park roadways;
viii.
Spray parks; and
ix.
Wading or swimming areas;
but does not include Golf Courses;
ee) "Pathway" means a multipurpose throughfare controlled by the Village and set
aside for use by pedestrians, cyclists, and persons using wheeled conveyances,
which is improved by asphalt, concrete or brick, whether or not it is located in a
Park, and includes any bridge or structure with which it is contiguous;
ff) "Patrol Supervisor" means the person who is the Supervisor of the Patrol
Department of the Village, or their designate;
gg)"Peace Officer" means a member of the Royal Canadian Mounted Police, a Peace
Officer appointed under the Peace Officer Act, SA 2006, c P-3.5, or a Village
Bylaw Enforcement Officer;
hh)"Person" includes a corporation, an individual, and the heirs, executors,
administrator or other legal representatives of an individual;
ii) "Playground" means land within the Village and controlled by the Village upon
which apparatus such as swings and slides are placed;
jj) "Pound" means the premises designated by the Village for the purposes of
impounding and caring for all Dogs found to be at Running at Large or otherwise
contravening any section of this Bylaw;
kk) "Pound Keeper" means a person appointed by the Village or by agreement with
another municipality or private business to maintain the designated Pound or
Pounds;
II) "Public Property" means all Property owned by or under the control and
management of the Village;
mm) "Property" includes any lands, buildings or premises in the Village;
nn)
"Provincial Offences Procedure Acfr means the Provincial Offences Procedure Act,
RSA 2000, c P-34, and the regulations thereunder;
oo) "Running at Large" or "Run at Large" means:
i.
An Animal or Animals which are not under the control of a person by
means of a Leash and is or are upon property other than the property
in respect of which the Owner of the Animal or Animals has the right of
occupation, or upon any highway, throughfare, street, road, trail,
avenue, parkway, lane, alley, square, bridge, causeway, trestleway,
sidewalk (including the boulevard portion of the sidewalk), Park or other
public place which has not been designated as an Off Leash Area, or
ii.
Any Animal which is under the control of a person by means of a Leash
and which causes damage to persons, property or other Animals, that is
off of the property of the Owner or harbourer;
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pp)"Service Dog" has the same definition as set out in the Service Dog Act, SA 2007,
c S-7,5, and the regulations thereunder and includes a dog that is in training to
become a service dog but does not include a Dog that is no longer actively used
as service dog;
qq)*Severe Injury" includes any injury resulting in one or more broken bones,
disfiguring lacerations, sutures, cosmetic surgery, scars, and further includes any
other injury determined to be severe by a court upon hearing the evidence;
rr) "Sports Field" means land within the Village and controlled by the Village which
is set apart and used for the playing of sport including, but not limited to, baseball
diamonds, field hockey or cricket pitches, and rugby, soccer or football fields;
ss) "Stray
Act* means the
Actf RSA 2000, c S-20, and the
regulations thereunder;
tt) 'Threatening Behaviour" means the following behaviour exhibited by a Dog,
without provocation:
growling, snapping at, lunging at, chasing, stalking,
attacking or biting another Animal, Livestock or Wildlife or a bicycle, or motor
vehicle being operated, unless the Dog is a working Livestock guardian Dog and
is engaged in the performance of such work;
uu) "Trespasser" means one who intentionally and without consent, privilege, or
authority, enters another's property;
w) "Vicious Dog" means:
i.
Any Dog which, without provocation, has chased, injured, or bitten any
other Animal, livestock or human;
ii.
Any Dog which, without provocation, has damaged or destroyed any
public or private property;
iii.
Any Dog which, without provocation, has threatened or caused the
reasonable apprehension of threat to another Animal, Livestock, or
human and which in the opinion of the Patrol Supervisor presents a
threat of serious harm to other Animals, Livestock, or humans;
iv.
Any Dog which has been previously determined to be a Vicious Dog
under this Bylaw, or a prior bylaw;
ww) "Village" means the municipality of Alberta Beach;
xx) "Violation Ticket" has the same meaning as that term is used in the
Act,
yy) "Wildlife" has the same meaning as that term is used in the
Act, RSA
2000, c W-1Q and includes but is not limited to coyotes, cougars, bobcats, deer,
moose, elk, wild rabbits, porcupines, beavers and skunks; and
zz) "Wildlife Attractant" means any substance that could be reasonably expected to
attract Wildlife including, but not limited to, food products, domestic garbage,
pet food, seed, restaurant grease, compost, a carcass or part of a carcass of an
animal, fish or meat, or fruit from trees,
2.2.
Any references in this Bylaw to any statutes, regulations, bylaws or other enactments
is to those statutes, regulations, bylaws or other enactments as amended or replaced
from time to time and any amendments thereto,
2.3.
Whenever a singular or masculine form of a word is used in this Bylaw, it shall include
the plural, feminine or neutral form of the word as the context requires,
2.4.
The headings in this Bylaw do not form part of this Bylaw and shall not affect its
interpretation.
3,
SECTION 3 - RESPONSIBILITIES OF ANIMAL AND DOG OWNERS
3,1.
The Owner of a Dog shall:
a) Ensure the Dog is not Running at Large within the Village;
b) Ensure the Dog is on a Leash, except when in an Off-Leash Area, and in control
at all times when off of the Owner's property;
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c) Ensure that the Dog does not enter into or remain in or on a Cemetery within the
Village;
d) Ensure that the Dog does not enter into or remain in or on a Park or other Public
Property with signage confirming Dogs are prohibited;
e) Ensure that any Dog that is suffering from a Communicable Disease is kept
housed and confined and is not permitted to come into contact with other Animals,
Dogs or humans except for contact required to obtain veterinary medical care;
and
f) Ensure that the Dog is Licensed in accordance with Section 8.
3.2.
No person shall allow a Dog to:
a) Bark Excessively;
b) Bite, chase or stalk Animals, bicycles, automobiles or other motor vehicles;
c) Chase or otherwise threaten a person or persons, whether on the property of the
Owner or not, unless the person chased or threatened is a Trespasser on the
property of the Owner;
d) Cause damage to property or other Animals, whether on the property of the
Owner or not;
e) Do any act that injures a person or persons whether on the property of the Owner
or not;
f) Bite a person or persons, whether on the property of the Owner or not;
g) Attack a person or persons, whether on the property of the Owner or not;
h) Attack a person or persons causing Severe Injury, whether on the property of the
Owner or not;
i) Repeatedly Attack a person or persons causing Severe Injury, whether on the
property of the Owner or not;
j) Cause death to another Animal; or
k) Upset any waste receptacles or scatter the contents thereof on any Public
Property or on any private property not belonging to the Owner.
3.3.
An Owner of an Animal shall:
a) Ensure that the Animal is not in distress;
b) Ensure that the Animal has adequate food and water;
c) Provide the Animal with adequate care when the Animal is wounded or ill;
d) Provide the Animal with reasonable protection from injurious heat or cold; and
e) Provide the Animal with adequate shelter, ventilation and space.
3.4.
No person shall allow an Animal to be outside of the passenger cab of a Motor
Vehicle on a Roadway, regardless of whether the Motor Vehicle is moving or parked,
3.5.
Notwithstanding section 3,4 above, a person may allow an Animal to be outside of
the passenger cab of a Motor Vehicle, including riding in the back of a pick-up truck
or flatbed truck if the Animal is:
a) In a fully enclosed trailer;
b) In a canopy enclosing the bed area of a vehicle;
c) Contained in a ventilated kennel or similar device that is securely fastened to the
bed of the vehicle; or
d) 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,
3.6.
If an Animal defecates on any Public Property or private property other than the
property of its Owner, the Owner shall cause such defecation to be removed
immediately and disposed of properly.
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3.7.
The Owner of an Animal shall ensure that when the Animal is on Public Property or
private property other than property of its Owner, the Owner has means in the
Owner's possession to collect and properly dispose of defecation from such Animal.
3.8.
The Owner of an Animal shall ensure that the Animal is not Running at Large,
3.9.
The Owner of an Animal left unattended in a Motor Vehicle shall ensure:
a) That the Animal is restrained in a manner that prevents the contact between the
Animal and any member of the public; and
b) That the Animal has suitable ventilation.
3.10. A Peace Officer that identifies an offence under section 3.10 of this Bylaw may use
any means reasonable and necessary for the safety of the Animal to remove the
Animal from the Motor Vehicle, with any expense associated with such action being
the responsibility of the Owner of the Vehicle.
3.11. The Owner of a Motor Vehicle involved in an offence referred to in this Section is
guilty of the offence unless that Owner satisfies the Court:
a) That the Motor Vehicle was not being driven or was not parked by the Owner;
and
b) That the person driving or parking the Motor Vehicle at the time of the offence did
so without the Owner of the Motor Vehicle's express or implied consent.
3.12. The Owner of an Animal shall ensure that the Animal is not left unattended while
tethered or tied on premises where the public has express or implied access.
3.13. The Owner of an Animal shall ensure that the Animal is not left unsupervised while
tethered or tied on private property.
3.14. The Owner of an Animal shall ensure that the Animal is not a Nuisance.
4,
SECTION 4 - INTERFERENCE WITH ANIMALS OR DOGS
4.1.
No Person shall:
a) Untie, loosen, or otherwise free an Animal or Dog which has been tied or
otherwise restrained;
b) Tease or torment an Animal or Dog or otherwise provoke an Animal or Dog to
bark, Bite, attempt to Bite, chase or otherwise threaten any Person, Animal or
Dog; or
c) Negligently or willfully open a gate, door, or other opening in a fence or enclosure
in which an Animal or Dog has been confined and thereby allow an Animal or
Dog to Run at Large.
4.2.
No Person shall ignore or further neglect any Domestic Animal found to be in distress
within the meaning of the Animal Protection Act, and such Person shall report the
said Domestic Animal to a Peace Officer.
5.
SECTION 5 - VICIOUS DOGS
5.1.
The Patrol Supervisor may, based on personal observation of the Dog or an
investigation initiated by a compliant, declare a Dog to be a Vicious Dog,
5.2.
A Peace Officer may impound a Dog that is the subject of a complaint for a period of
up to 7 days for the purposes of evaluating the Dog and determining whether the
Dog should be declared a Vicious Dog.
5.3.
A Dog shall not be declared a Vicious Dog based on the following behaviour alone:
a) It Attacks or Bites a Trespasser on the Property of the Owner, or property
controlled by the Owner; or
b) It is kept as a Livestock guardian Dog and if the Attack is in defense of Livestock
of which the Dog is responsible on the property of the Owner.
5.4.
If the Patrol Supervisor determines a Dog to be a Vicious Dog, the Patrol Supervisor
shall give the Owner of the Vicious Dog written notice by mail within fifteen (15) days
of such determination:
a) Informing the Owner that their Dog has been determined to be a Vicious Dog;
ALBERTA BEACH
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b) Requiring the Owner to keep the Vicious Dog in accordance with the provisions
of Section 5 of the Bylaw; and
c) Informing the Owner that if the Vicious Dog is not kept in accordance with the
requirements of this section of this Bylaw, that the Owner will be fined, or subject
to enforcement pursuant to this Bylaw.
5.5.
An Owner of a Dog determined to be a Vicious Dog by the Patrol Supervisor may
appeal such determination to Council within thirty (30) days of receiving notice of
such determination, A notice of appeal shall be submitted in writing to the CAO.
5.6.
On receipt of a notice of notice of appeal under section 5.5 above, Council shall as
soon as is reasonably practical cause the matter to be reviewed and make a final
determination. That determination by Council shall be final and binding and not
subject to further appeal under this Bylaw.
5.7.
The determination of a Dog to be a Vicious Dog continues notwithstanding that the
Dog has been sold, gifted, or transferred to a new Owner.
5.8.
When a declared Vicious Dog is not on the property of the Owner:
a) The Dog shall be harnessed or on a Leash which shall not exceed two (2) meters
in length and in a manner that prevents it from chasing, injuring, or Biting other
Animals or persons, or causing damage to public or private property;
b) The Dog shall be under the control of a person who is eighteen (18) years of age
or older; and
c) The Dog shall be muzzled.
5.9.
When a declared Vicious Dog is on the property of an Owner;
a) The Dog shall be confined indoors;
b) The Dog shall be kept as if the provisions of section 5.8 above applied to such
Dog while on the Property of the Owner; or
c) The Dog shall be confined in a secure enclosure, meaning a locked building, cage
or fenced area of such construction that will not permit the confined Dog or Dogs
to jump, climb, dig, or force their way out, or allow the entry of any person not in
control of the Dog.
5.10. An Owner shall not be required to leash or muzzle a Vicious Dog while inside a
building or enclosure and being shown or displayed at a bona fide Dog show,
5.11.
Where a Dog is determined to be a Vicious Dog pursuant to this Bylaw, the Owner
shall, within ten (10) days of receiving the notice of designation:
a) Ensure that the Vicious Dog has been tattooed by a licensed veterinarian;
b) Ensure that an identifiable microchip has been implanted in the Vicious Dog;
c) If the Vicious Dog has not been spayed or neutered, have the Vicious Dog spayed
or neutered; and
d) Post signs conspicuously on their premises alerting the public that a Vicious Dog
is on the premises,
5.12. Where a Dog has been determined to be a Vicious Dog, the Patrol Supervisor may
impose one or more of the following conditions on the Owner of the Vicious Dog,
and the Owner must comply with such conditions as are imposed under this section:
a) Requiring the Owner to modify the Owner's property in some manner in order to
reduce the risk of the Vicious Dog leaving the property or Running at Large;
b) Requiring the Owner to retain the services of a Dog trainer to provide the Owner
with specified training and that the Owner provide proof of the completion of such
training;
c) Requiring the Owner to obtain third party liability insurance in a specified amount
for the Vicious Dog; and
d) Any other additional condition that is similar to the above and in the opinion of the
Patrol Supervisor is reasonably necessary for the safety of the public.
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5.13, An Owner of a Vicious Dog shall ensure that the Dog does not:
a) Chase a person or other Animal;
b) Injure a person or other Animal;
c) Bite a person or other Animal;
d) Attack a person or other Animal; or
e) Damage or destroy public or private property.
5.14, Where a Dog is determined to be a Vicious Dog, the Owner of such Vicious Dog shall
not permit the Vicious Dog to be in an Off Leash Area at any time.
5.15, Where a Dog is determined to be a Vicious Dog, the Owner of such Vicious Dog shall
not breed or sell the Vicious Dog within the Village
5.16, The Owner of a Vicious Dog shall notify the Village immediately of the following:
a) The Vicious Dog is Running at Large;
b) The occurrence of any incident described in section 5,12 involving the Vicious
Dog; or
c) The sale, surrender, or death of the Vicious Dog.
6.
SECTION 6 - RABIES AND COMMUNICABLE DISEASE CONTROL
6.1.
Upon demand made by a Peace Officer, an Owner of a Domestic Animal shall
forthwith surrender any Domestic Animal which the Peace Officer has reasonable
and probable grounds to suspect of having been exposed to rabies or any
Communicable Disease for supervised quarantine, the expense for which shall be
borne by the Owner, and the Animal may be reclaimed by the Owner if the Animal is
adjudged to be free of rabies or any Communicable Disease upon payment of the
confinement expenses and upon compliance with the licensing provisions of this
Bylaw.
6.2.
When a Domestic Animal under quarantine has been diagnosed as rabid, or
suspected by a licensed veterinarian of being rabid, and dies while under such
observation, the Pound Keeper shall immediately send the head of such Domestic
Animal to the appropriate health department for pathological examination and shall
notify the appropriate public health officer of reports and human contacts and the
diagnosis made, or suspected diagnosis made, of the Domestic Animal.
6.3.
During such period of rabies quarantine as provided for in this section, every
Domestic Animal bitten by any Animal adjudged to be rabid, shall be forthwith
destroyed or, at the Owner's expense and option shall be treated for rabies infection
by a licensed veterinarian or held under quarantine by the Owner in the same manner
as other Domestic Animals are quarantined.
6.4.
The carcass of any dead Animal exposed to rabies shall, upon demand, be
surrendered to the Pound Keeper.
6.5.
A licensed veterinarian shall direct the destruction, disposal of remains or treatment
of any Domestic Animal found to be infected with rabies.
7.
SECTION 7 - SEIZURE AND IMPOUNDMENT OF ANIMALS
7.1.
A Peace Officer, upon complaint under this Bylaw, may seize and impound:
a) Every Dog found Running at Large contrary to this Bylaw in Alberta Beach;
b) Every Dog which has Bitten or Attacked, or is alleged to have Bitten or Attacked,
a person or Animal, pending the determination by the Patrol Supervisor as to
whether to declare the Dog to be a Vicious Dog;
c) Every Dog not wearing a collar and License as required by this Bylaw,
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d) Every Dog which is required to be impounded pursuant to any provincial or
federal law,
and in enforcement of the jurisdiction provided in section 7.1 for the purposes of
investigation only, a Peace Officer is hereby authorized to enter any privately owned
premises provided that in this section the word "premises" does not include a building
or buildings used as a dwelling house. A Peace Officer may enter a premises in
order to preserve the safety and security of the public if deemed necessary,
Premises include any outdoor lot visible from the street,
7.2.
If a Peace Officer knows or can ascertain the name or residence of the Owner of any
Impounded Dog, they shall make reasonable attempts to notify the Owner of the
Impoundment of the Dog.
7.3.
For all Dogs impounded other than for the purpose of determining whether the Dog
is to be declared a Vicious Dog:
a) the Pound Keeper shall keep all Impounded Dogs for a period of at least 72 hours,
including the day of impounding. Sundays and statutory holidays shall not be
included in the computation of the 72-hour period, During this period, any healthy
Dog may be redeemed by its Owner upon the Owner paying to the Pound Keeper
the appropriate fees, documentation of neutering or spaying, plus Pound fees for
every 24-hour period or fraction thereof that the Dog has been Impounded.
b) If at the expiration of a 72-hour period any Impounded Dog has not been
redeemed, it may be sold, given away, or destroyed. The purchaser of an
Impounded Animal from the Pound pursuant to the provisions of this Bylaw shall
obtain full right and title to the Animal and the right and title to the Former Owner
shall be forfeit.
7.4.
For Dogs impounded under section 5.2 of this Bylaw for the purposes of determining
whether to declare the Dog a Vicious Dog:
a) The Pound Keeper shall keep the Impounded Dog for the period required to
evaluate the Dog in accordance with section 5,2 of this Bylaw;
b) The Owner shall be notified when the evaluation of the Dog has been completed,
The Pound Keeper shall keep the Dog for a period of at least 72 hours after notice
has been given to the Owner. Sundays and statutory holidays shall not be
included in the computation of the 72-hour period. During this period, the Dog
may be redeemed by its Owner upon the Owner paying to the Pound Keeper the
appropriate fees, documentation of neutering or spaying, plus Pound fees for
every 24-hour period or fraction thereof that the Dog has been Impounded,
c) If at the expiration of a 72-hour period any Impounded Dog has not been
redeemed, it may be sold, given away, or destroyed, The purchaser of an
Impounded Animal from the Pound pursuant to the provisions of this Bylaw shall
obtain full right and title to the Animal and the right and title to the Former Owner
shall be forfeit,
7.5.
Any Impounded Dog which appears to be in distress in accordance with the Animal
Protection Act shall be dealt with as provided for in the Animal Protection Act
7.6.
Any Livestock Running at Large within the Village shall be enforced in accordance
with the Stray Animals Act
7.7.
No person whether or not they are the Owner of the Animal which is being, or has
been, pursued or captured shall:
a) Interfere with or attempt to obstruct a Peace Officer who is attempting to capture
or who has captured any Animal in accordance with this Bylaw;
b) Open any Motor Vehicle in which seized Animals have been placed;
c) Remove or attempt to remove, from the possession of a Peace Officer, any
Animal which has been seized;
d) Induce any Animal to enter a house or other place where it may be safe from
capture, or otherwise assist the Animal to escape capture;
e) Falsely represent themselves as being in charge or control of an Animal so as to
establish that the Animal is not Running at Large;
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f) Unlock, unlatch, or otherwise open a Motor Vehicle in which Animals captured for
Impoundment have been placed to as to allow or attempt to allow any Animals to
escape; or
g) Provide false information to a Peace Officer.
8.
SECTION 8 - LICENSING OF DOGS
8.1.
No person shall own, keep, or harbour any Dog within the municipal limits of the
Village unless such Dog is licensed as provided in this Bylaw.
8.2.
The holder of a Dog License must be at least eighteen (18) years of age unless an
exemption is given by the Patrol Supervisor,
8.3.
Every Owner of a Dog over the age of six (6) months within the limits of the Village
shall:
a) Obtain a license for such Dog on the first day on which the Village office is open
for business after the Dog becomes six (6) months of age;
b) Obtain a license on the first day on which the Village office is open after they
become Owner of the Dog; or
c) Obtain a license for a Dog notwithstanding that it is under the age of six (6)
months where the Dog has been found to be Running at Large.
8.4.
Every Owner of a Dog shall provide the Village with the following information with
each application for a Dog License;
a) The name, street address, postal address, and telephone number of the Owner;
b) Where the Owner is a body corporate, the name, street address, postal address
and telephone number of a natural person responsible for the Dog;
c) A description of the Dog including breed, name, gender, age;
d) Proof of spaying or neutering, if applicable;
e) Identification tattoo number and location, if applicable;
f) Identification microchip information, if applicable;
g) Such other information as may be required with respect to the application.
8.5.
The Village shall keep a record of each License issued.
8.6.
No person shall give false information when applying for a License pursuant to this
Bylaw.
8.7.
An Owner shall forthwith notify the Village of any change with respect to the
information provided in the application for a License under this Bylaw.
8.8.
Licenses issued under this Bylaw shall be issued for the life of the Dog, No refund
shall be made on any paid Dog License fee because of the death or sale of the Dog,
or upon the Owner of the Dog leaving the Village.
8.9.
Licenses issued under this Bylaw may be transferred to another Dog on the payment
of the associated transfer fee.
8.10.
License fees shall be those listed in the Fees and Charges Bylaw.
8.11. Every Owner shall ensure that the License is securely fastened to a choke chain,
collar, or harness which must be worn at all times when the Dog is off of the Owner's
property. If the License tag becomes lost, the Owner shall obtain a replacement
License tag from the Village and shall pay the required fee for such replacement
License tag.
8.12. If a Dog is found not wearing a choke chain, collar or harness with a valid License
tag, the Owner shall be deemed not to have a License for the Dog unless the Owner
can produce, to the satisfaction of the Peace Officer, the License tag or receipt for
the License within twenty-four (24) hours of notice to the Owner,
8.13. A License is not required for the Owner of a Dog who is temporarily resident in the
Village for a period not exceeding twenty-one (21) days. This period may be
extended on the receipt of written permission from the Patrol Supervisor.
8.14. A License shall be issued free of charge to:
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a) The Owner of a Service Dog; or
b) Seasonal residents of the Village who are Owners of a Dog and provide proof of
the licensing of said Dog in another municipality,
9.
SECTION 9 - KENNELS, LIVESTOCK, AND HORSES
9.1.
No person shall operate a Kennel on any Property except where an approved
Development Permit has been issued for such Kennel under the Land Use Bylaw,
and any other required licenses have been obtained. The harbouring, keeping of, or
owning more than three (3) Dogs shall be deemed to be operating a Kennel.
9.2.
No person shall keep Livestock on any residentially zoned Property in the Village.
9.3.
No Owner of a horse shall allow a horse to be in a Park except for a Park that is
approved and designated by the Village for horseback riding.
9.4.
No person shall have more than five (5) Domestic Animals, of which no more than
three (3) may be Dogs, on any residentially zoned Property in the Village.
10.
SECTION 10 - WILDLIFE ATTRACTANTS
10. L No Owner of a Property in the Village shall place, store, permit or dispose of Wildlife
Attractants outdoors in such a manner as to be accessible to Wildlife, or to attract
Wildlife.
10.2, Owners of Property in the Village must remove ripened fruit from trees and the ground
on the Property if they attract Wildlife.
10.3,
Owners of Property in the Village must remove bird feeders if they attract Wildlife.
10.4, No person shall feed or attempt to feed Wildlife.
11.
SECTION 11 - GENERAL
11.1.
Where this Bylaw requires that an Owner be provided with a notice or a decision, that
notice of decision may be served by ordinary mail to the last known address of the
Owner and the Owner is deemed to have received that notice or decision seven (7)
days from the date it was mailed.
11.2. No person shall willfully or knowingly obstruct a Peace Officer, or a person aiding the
Peace Officer's in their duties, from enforcing the provisions of this Bylaw.
11.3. The Patrol Supervisor shall keep an up-to-date record of all complaints, notices and
reports and a similar record of the disposition therefore.
11.4. Any person or Owner who commits a breach of any of the provisions of this Bylaw
commits an offence,
11.5.
In the case of an offence that is of a continuing nature, a contravention of a provision
of this Bylaw constitutes a separate offence with respect to each day, or part of a day,
during which the contravention continues, and a person guilty of such an offence is
liable to a fine in an amount not less than that established by this Bylaw for each such
separate offence.
11.6. A person who is guilty of an offence under this Bylaw is liable:
a) To a fine in an amount not less than as set out in Schedule A, or
b) On summary conviction, to a fine not exceeding $10,000.00, or imprisonment for
not more than six months, or both.
11.7.
If a Municipal Violation Tag is issued in respect of an offence, the Municipal Violation
Tag must specify the fine established by this Bylaw for the offence.
11.8. A person who commits an offence may, if a Municipal Tag is issued in respect of the
offence, pay the fine amount established by this Bylaw for the offence and if the
amount is paid on or before the required date, the person will not be prosecuted for
the offence under the Provincial Offences Procedure Act
11.9. Where a Peace Officer believes that a person has contravened any provision of this
Bylaw, the Peace Officer may commence proceedings against the person by issuing
a Violation Ticket pursuant to the Provincial Offences Procedure Act
11.10. If a Violation Ticket is issued in respect of an offence, the Violation Ticket may:
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a) Specify the fine amount established by this Bylaw for the offence; or
b) Require a person to appear in court without the alternative of making a voluntary
payment.
11.11. A person who commits an offence may, if a Violation Ticket is issued in respect of
the offence and if the Violation Ticket specifies the fine amount established by this
Bylaw for the offence, make a voluntary payment equal to the specified fine,
11.12. Nothing in this Section shall prevent any Peace Officer from issuing a Violation Ticket
requiring the court appearance of the defendant pursuant to the Provincial Offences
Procedure Act, or from laying an information instead of issuing a Violation Ticket or
Municipal Violation Tag.
11.13. Nothing in this Section shall prevent any person or Owner from defending a charge
of committing a breach of this Bylaw,
11.14. The Village is not required to enforce this Bylaw, In deciding whether to enforce this
Bylaw, the Village may consider any practical concerns, including municipal budget
and personnel resources.
11.15. A Peace Officer investigating a complaint involving threatening behaviour of an
Animal may, but is not required to, classify the behaviour by means of reference to
the Dr. Ian Dunbar's Aggression Scale which is set out in Schedule B of this Bylaw.
11.16. Schedules A and B form part of this Bylaw,
11.17. Each provision of this Bylaw is independent of all other provisions. If any provision of
the Bylaw is declared invalid for any reason by a court of competent jurisdiction, all
other provisions of this Bylaw shall remain valid and enforceable,
12.
SECTION 12 - TRANSITION AND COMING INTO FORCE
12.1. Upon the coming into force of this Bylaw, Bylaw 223-09 is repealed.
12.2, This Bylaw shall come into full force when it receives THIRD and FINAL reading and
is duly signed,
READ a first time this 21st day of February 2023,
READ a second time this 16th day of May 2023.
READ a third and final time this 16th day of May 2023,
SIGNED this 16th day of May 2023,
Mayor, Angela Duncan
Chief Administative Officer, Kathy Skwarchuk
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SCHEDULE A
FINE SCHEDULE
Section
3.1(a)
3.1(b)
3.1(c)
3.1(d)
3.1(e)
3.1(f), 8.1,
8.3
3.2 (a)
3.2(b)
3.2(c)
3.2(d)
3.2(e)
3-2(f)
3.2(g)
3.2(h)
3.2(i)
3.20)
3.2(k)
3.3(a)
3.3(b)
3.3(c)
3.3(d)
3.3(e)
3.4
3.6
3.7
3.8
3.9
3.12
Offence
Dog Running at Large
Dog not on Leash or control when off Owner's
property
Dog in Cemetery
Dog in area prohibited by sign
Dog suffering from Communicable Disease not
confined
Dog not Licensed
Dog barking excessively
Dog biting, chasing or stalking Animals, bicycles,
automobiles or other motor vehicles
Dog chasing or threatening a person
Dog causing damage to property or other Animals,
whether on the property of the Owner or not
Dog injures a person or persons whether on the
property of the Owner or not
Dog bites a person or persons, whether on the
property of the Owner or not
Dog attacks a person or persons, whether on the
property of the Owner or not
Dog attacks a person or persons, whether on the
property of the Owner or not, causing Severe Injury
Dog repeatedly attacks a person or persons, whether
on the property of the Owner or not, causing Severe
Injury
Dog causes death to another Animal
Dog upsets any waste receptacles or scatter the
contents thereof on any Public Property or on any
private property not belonging to the Owner
Animal in distress
Animal does not have adequate food or water
Animal not provided with adequate care
Animal not provided with protection from heat or
cold
Animal not provided with adequate shelter,
ventilation, or space
Animal outside of passenger cab in vehicle
Animal feces not removed
Animal Owner does not have means to remove
defecation
Animal Running at Large
Animal left unattended in motor vehicle improperly
Animal tethered or tied unattended on public
property
First
Offence
$150.00
$150.00
$150.00
$150.00
$200.00
$100.00
$100.00
$250.00
$250.00
$250.00
$400.00
$400.00
$500.00
$2,000.00
$2,000.00
$2,000.00
$150.00
$500.00
$350.00
$350.00
$350.00
$350.00
$150.00
$150.00
$150.00
$150.00
$350.00
$150.00
Second
Offence
$300.00
$300.00
$300.00
$300.00
$400.00
$200.00
$200.00
$500.00
$500.00
$500.00
$800.00
$800.00
$1000.00
$2,000.00
$2,000.00
$2,000.00
$300.00
$1000.00
$700.00
$700.00
$700.00
$700.00
$300.00
$300.00
$300.00
$300.00
$700.00
$300.00
Third and
Subsequent
Offences
$600.00
$600.00
$600.00
$600.00
$800.00
$300.00
$300.00
$1,000.00
$1,000.00
$1,000.00
$1,600.00
$1,600.00
$2000.00
$2,000.00
$2,000.00
$2,000.00
$600.00
$2,000.00
$1,400.00
$1,400.00
$1,400.00
$1,400.00
$600.00
$600.00
$600.00
$600.00
$1,400.00
$600.00
ALBERTA BEACH
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Section
3.13
3.14
4.1(a)
4.1(b)
4.1(c)
4.2
5.8(a)
5.8(b)
5.8(c)
5.9
5.11
5.12
5.13(a)
5.13(b)
5.13(c)
5.13(d)
5.13(e)
5.14
5.15
5.16(a)
5.16(b)
5.16(c)
6
7.7
8.6
8.7
8.11
9.1
9.2
9.3
9.4
10.1
10.2
10.3
10.4
11.2
Offence
Animal tethered or tied unattended on private
property
Animal is a Nuisance
Untie, loosed or free an Animal
Tease or torment or provoke an Animal
Opening Animal confinement
Failure to report animal in distress
Vicious Dog not harnessed or on Leash
Vicious Dog not in control of adult
Vicious Dog not muzzled
Vicious Dog not kept or confined as required
Vicious Dog Owner failure to comply with
requirements after designation of Vicious Dog
Vicious Dog failure to comply with conditions
Vicious Dog chases a person or other animal
Vicious Dog injures a person or other animal
Vicious Dog bites a person or other animal
Vicious Dog attacks a person or other animal
Vicious Dog damages or destroys property
Vicious Dog in Off Leash Area
Sell or breed Vicious Dog
Failure to notify of Vicious Dog Running at Large
Failure to notify of incident with Vicious Dog
Failure to notify of sale, surrender or death of Vicious
Dog
Failure to comply with Section 6
Interfere with pursuit or seizure of Animal
Provide false information on application for License
Failure to notify Village of change
Failure to securely fasten License to Dog
Possess more than 3 Dogs / operate a Kennel
Keeping Livestock on residential property
Horses in Park where not authorized
Possess more than 5 Domestic Animals
Improper storage of Wildlife Attractants
Failure to remove Wildlife Attractant
Failure to remove Wildlife Attractant
Feed Wildlife
Obstruct Peace Officer
First
Offence
$150.00
$150.00
$350.00
$150.00
$350.00
$350.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$2,000.00
$2,000.00
$2,000.00
$1,000.00
$1,000.00
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
$350.00
$150.00
$50.00
$250.00
$250.00
$150.00
$250.00
$150.00
$150.00
$150.00
$150.00
$2,000.00
Second
Offence
$300.00
$300.00
$700.00
$300.00
$700.00
$700.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$2,000.00
$2,000.00
$2,000.00
$1,500.00
$1,500.00
$1,000.00
$1,000.00
$1,000.00
$1,000.00
$1,000.00
$1,000.00
$700.00
$300.00
$100.00
$500.00
$500.00
$300.00
$500.00
$300.00
$300.00
$300.00
$300.00
$2,000.00
Third and
Subsequent
Offences
$600.00
$600.00
$1,400.00
$600.00
$1,400.00
$1,400.00
$1,000.00
$1,000.00
$1,000.00
$1,000.00
$1,000.00
$1,000.00
$1,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$1,400.00
$600.00
$200.00
$1,000.00
$1,000.00
$600.00
$1,000.00
$600.00
$600.00
$600.00
$600.00
$2,000.00
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SCHEDULE B
Dr. IAN BUNBAR'S AGGRESSION SCALE
ASSESSMENT OF THE SEVERITY OF BITING PROBLEMS BASED
ON AN OBJECTIVE EVALUATION OF WOUND PATHOLOGY
LEVEL 1
LEVEL 2
LEVELS
LEVEL 3.5
LEVEL 4
LEVELS
LEVEL 6
Dog growls, lunges, snarls - no teeth touch skin.
Mostly intimidation / threatening behaviour.
Teeth touch skin but no puncture. May have red mark / minor bruise
from dog's head or snout, may have minor scratches from
paws/nails. Minor surface abrasions or lacerations,
Punctures one to three holes, single bit. No tearing or slashes. Victim
not shaken side to side. Bruising.
Multiple Level 3 bites.
Two to four holes from a single bite, typically contact / punctures
from more than canines, considerable bruising. Black bruising, tears
and/or slashing wounds. Dog clamped down and held and/or shook
head from side to side.
Multiple bites at Level 4 or above. A concerted, repeated attack
causing severe injury.
Any bite resulting in the death of an animal.
This Scale is developed by Dr. Ian Dunbar PhD. BVetMed, MRCVS,of Berkeley California. From his studies
Dr Dunbar has been able to separate and classify bites into a generalized six level assessment protocol. Tills
Scale is used as a standard throughout the world in canine aggression investigations and behavior assessment.
Updated in 2012 for the City of Calgary Animal Services.
"Inhibitions are the mechanisms which compel an animal to interrupt an action in the middle of a sequence, "(i)
"Good bite inhibition does not mean that your dog will never snap, lunge, nip, or bite. Good bite inhibition
means that should the dog snap and lunge, his teeth will seldom make skin contact and should the dog's teeth
ever make skin contact, the inhibited "bite" will cause little, if any, damage,"
References
(i).ABRANTES R. Dog Language An Encyclopedia of Canine Behavior 145, Walmn Tanka Publishers 1997
(ii). DUNBAR.!. PhD, BVetMed, MRCVS After you Get Your Puppy 84. James & Kenneth Publishers 2001
(in). City of Calgary Animal Sendees, Standard Operating Procedure for Peace Officers. City of Calgary,
2012