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VILLAGE OF ALIX
BYLAW NUMBER # 405/11
BYLAW NUMBER #405/11 OF THE VILLAGE OF ALIX IN THE
PROVINCE OF ALBERTA, BEING A BYLAW TO REPEAL ALL
PREVIOUS ANIMAL CONTROL BYLAWS AND ANY AMENDMENTS
THERETO, AND BEING REPLACED BY THIS BYLAW TO REGULATE,
RESTRAIN THE RUNNING AT LARGE, THE LICENSING, AND
IMPOUNDING OF ANIMALS.
WHEREAS, THE MUNICIPAL GOVERNMENT ACT, R.S.A. 2000, c. M-26
AS AMENDED AND THE PROVINCIAL OFFENCES PROCEDURE ACT,
R.S.A. 2000, c. P-34 AS AMENDED, ENABLES A COUNCIL OF THE
VILLAGE TO PASS BYLAWS RESPECTING WILD AND DOMESTIC
ANIMALS, AND ACTIVITIES IN RELATION TO THEM;
NOW THEREFORE, THE MUNICIPAL COUNCIL OF THE VILLAGE OF
ALIX, IN THE PROVINCE OF ALBERTA ENACTS A BYLAW
REFERRED TO AS THE "ANIMAL CONTROL BYLAW."
DEFINITION - Part 1
1.
"AT LARGE" means an ANIMAL that is present at any place other
than the property of its Owner and which is not being carried by any
person, or is not otherwise restrained by a person controlling the
ANIMAL by means of a securely fastened leash.
2.
"CONTRACTOR" means a person under contract by the Village to
maintain and administer a pound facility or animal shelter for
ANIMALS.
3.
"BYLAW ENFORCEMENT OFFICER" means an employee or
independent contractor appointed by the Village to enforce the
provision of the Village Bylaws, and includes a member of the Royal
Canadian Mounted Police, and when authorized a Community Peace
Officer. A Bylaw Enforcement Officer is a Designated Officer for the
purposes of s.542 of the Municipal Government Act.
4.
"ANIMAL" means either male or female of the canidae OR feline
family;
5.
"OWNER" means:
(a) a person who has the care, charge, custody, Possession, or control
of an ANIMAL;
(b) a person who owns or claims a proprietary interest in an ANIMAL;
(c) a person who harbours, suffers, or permits an ANIMAL to be
present on any property of the Owner or under that person's control;
(d) a person who claims and receives an ANIMAL from the custody an
animal shelter or a Bylaw Enforcement Officer, or;
(e) a person to whom a license has been issued under Part 2 of this
bylaw.
6.
"POSSESSION" means:
(a) Exercising physical or effective control of an ANIMAL;
(b) Having been given physical or effective control of an ANIMAL by
it's Owner for the purpose of controlling the ANIMAL for a
specific period of time;
7.
"PRIVATE PROPERTY" means all property within the Village other
than property constituting Public Property.
8.
"PUBLIC PROPERTY" means property owned by or under the control
and management of the Government of Canada, Government of
Alberta, or the Village, contained within the boundaries of the Village.
9.
"SCHOOL GROUNDS" means any public or private school and
surrounding property that is controlled and maintained by the school
and or school board.
10.
"TAG" means a current metal or other Tag issued by the Village to an
Owner for each Dog he owns, indicating the year for which the fee has
been paid, and which bears a number corresponding to a number in the
master register book.
11.
"VILLAGE" means the Village of Alix, in the Province of Alberta;
12.
"VIOLATION TICKET" means a ticket issued pursuant to Part 2 of the
Provincial Offences Procedure Act, R.S.A. 2000, c. P-34, as amended,
and any regulations thereunder;
13.
"VIOLATION TAG" means a written notice, in a form approved by the
Chief Administrative Office, issued by a Bylaw Enforcement Officer,
to advise a person that a violation of this Bylaw has occurred and that,
by payment of a specified amount to the Office within a set time period,
that person will avoid prosecution for the offence.
LICENSING OF ANIMALS - PART 2
1.
A resident of the Village who is the Owner of any Dog aged six (6)
weeks or older shall obtain a license for the Dog from the office of the
Village of Alix as per Schedule "B". Cats are exempt from the
licensing section of part 2 of this bylaw.
2.
The Owner of every Dog shall, annually, on or before December 31st,
renew the license for that Dog by submitting to the Village the annual
licensing fee, as set out in Schedule "B", along with any other
information as may be required by the Village. A license shall be valid
only for the year for which it was issued, regardless of actual date upon
which the license was purchased;
3.
Upon receipt of payment of the license fee for each Dog, a Tag
indicating the year for which the fee has been paid and marked with a
number corresponding to the number assigned to the Dog in the master
register book, shall be issued to the Owner;
4.
Every Owner shall provide his Dog with a collar to which the Owner
shall affix the Tag for such Dog and the Owner shall ensure that the
collar and Tag are worn during those occasions when the Dog is not on
the Owner's premises;
5.
In case a Dog license Tag is lost or destroyed, a duplicate or
replacement will be issued by the Village upon payment of the sum of
ten dollars ($10.00) by the Owner and provided the Owner can present
a receipt of payment of the license fee for the current Dog license year
or the administrative records indicate such payment was made;
6.
Licenses and Tags are not transferable from one Dog to another and no
refund shall be made on any paid up Dog license fee because of the
death or sale of the Dog or upon the Owner's leaving the Village before
expiration of the license period;
7.
Any person that becomes the Owner of a Dog licensed under this
Bylaw shall report the change of ownership to the licensing department
of the Village and the Village shall transfer ownership of the license to
that person, but no additional license fee shall be owing by that person
to the Village for the year for which that license was purchased;
8.
A registered guide Dog owned by a blind person shall be issued a
license free of charge;
OFFENCES AND RESPONSIBILITY OF OWNER - PART 3
1.
A resident of the Village of Alix who is the Owner of a Dog is guilty of
an offence if he fails to obtain a license for such Dog. Cats will be
exempt from the sections of Part 3, #1-4 of this bylaw.
2.
The Owner of a Dog is guilty of an offence if such Dog:
(a)
runs At Large;
(b)
is without a collar and Tag while off the premises of its Owner;
(c)
is a Dog in heat and is not confined and housed in the residence
of the Owner or in a licensed kennel during the whole of the
heat period except for the sole purpose of defecating on the
premises of the Owner;
(d)
defecates on any Public or Private Property other than the
property of it's Owner and the Owner or person in control of the
Dog fails to immediately remove such defecation. This
provision shall not apply to a registered guide Dog while it is
assisting a blind person;
(e)
is on school property unless otherwise permitted or allowed by
the School Board;
(f)
is within a site containing playground apparatus and/or sand
play area located on Public or Private Property other than the
property of its Owner;
(g)
barks or howls so as in the opinion of the Bylaw Enforcement
Officer based on information gathered to cause an unreasonable
disturbance given, but not limited to, location, circumstances,
time of day, and duration;
(h)
damages Public or Private Property;
(i)
chases any person, animal, bicycle, or motor vehicle;
(j)
bites any person or animal;
(k)
attacks or injures any person or animal
3.
The Owner of a Dog is guilty of an offence if the Owner:
(a)
fails to provide identification (Name, Address, Date of birth and
Dog Tag number) and proof thereof to a Bylaw Enforcement
Officer;
(b)
provides false or misleading information to a Bylaw
Enforcement Officer.
4.
No more than two (2) Dogs shall be harboured, suffered, or permitted
to remain upon or in any land, house, shelter, room or place, building
structure, or premises within the Village unless:
(a) the Dogs in excess of the limit are under six weeks of age and the
offspring of a licensed Dog residing at the same location
5.
No more than three (3) cats shall be harboured, suffered, or permitted to
remain upon or in any land, house, shelter, room or place, building
structure, or premises within the Village.
6.
No owner shall allow any cat owned, harboured or controlled by him
to:
(a) enter or be upon any land or property not owned or leased by him.
(b) defecate or urinate or spray on any property not owned or leased by
him.
(c) howl, whine or make any other disturbing noises.
RESPONSIBILITIES OF VILLAGE ADMINISTRATION - Part 4
1.
The Village of Alix shall arrange for a Pound to be established for the
keeping and impounding of ANIMALS and may do so by entering into
an agreement with a Contractor. A Contractor or any such Pound may
make rules and regulations for the operation and management of the
Pound, provided they are not inconsistent with this Bylaw.
2.
The Bylaw Enforcement Officer may seize and impound any ANIMAL
found At Large.
3.
In the active pursuit of any ANIMAL while that ANIMAL is At Large,
any Bylaw Enforcement Officer empowered to apprehend ANIMALS
under this Part is hereby authorized to enter upon any lands surrounding
any building at all reasonable times.
4.
No person, whether or not he is the Owner of an ANIMAL which is
being or has been pursued or captured shall:
(a)
Interfere with or attempt to obstruct a Bylaw Enforcement
Officer who was attempting to capture or who has captured any
ANIMAL in accordance with the provisions of this Bylaw;
(b)
Unlock or unlatch or otherwise open the motor vehicle in which
ANIMAL captured for impoundment have been placed, so as to
allow or attempt to allow any ANIMAL to escape therefrom;
(c)
Remove or attempt to remove any ANIMAL from the
Possession of the Bylaw Enforcement Officer;
RELEASE OF IMPOUNDED ANIMALS - Part 5
1.
The Contractor shall keep all impounded ANIMALS for a period of no
less than five (5) days, including the day of impounding. Sundays and
Statutory holidays shall not be included in the computation of the five
(5) day period. During this period any healthy ANIMAL may be
redeemed by its Owner, upon payment to the Contractor of:
(a)
The appropriate license fee when a Dog is not licensed; and
(b)
Kennel boarding fees as per contract rate for every twenty-four
(24) hour period or fraction thereof;
2.
At the expiration of the five (5) day period any ANIMAL not redeemed
may be destroyed or sold.
3.
The Bylaw Enforcement Officer or Contractor shall report any apparent
illness, communicable disease, injury, or unhealthy condition of any
ANIMAL to a veterinarian and act upon his recommendation. The
Owner, if known, shall be held responsible for all expenses so incurred.
PENALTIES - Part 6
1.
Any Person who contravenes any provision of this Bylaw is guilty of an
offence and is liable on summary conviction to a fine as set out in
Schedule "A" herein and in default of payment of any fine, to
imprisonment for up to (1) one year.
2.
Notwithstanding Section 1 of this Part of this Bylaw, any person who
commits a second or subsequent offence under this Bylaw within
twelve (12) months of committing a first offence under this Bylaw, may
be liable to an increased fine as set out in Schedule "A".
3.
A Bylaw Enforcement Officer is herby authorized and empowered to
issue a Violation Tag to any person who the Bylaw Enforcement
Officer has reasonable and probable grounds to believe has contravened
any provision of this bylaw;
4.
A Violation Tag may be issued to such person:
(i)
either personally;
(ii)
by mailing a copy to such person at his last known post
office address; or
(iii)
upon retrieval of such person's ANIMAL from the
Village's Pound;
5.
The Violation Tag shall be in a form approved by the Chief
Administrative Officer and shall state:
(i)
the name of the Owner;
(ii)
the offence;
(iii)
the appropriate penalty for the offence as specified in
Schedule "A" of this Bylaw;
(iv)
that the penalty shall be paid within twenty-two (22)
days of the issuance of the Violation Tag to avoid
possible prosecution; and
(v)
any other information as may be required by the Chief
Administrative Officer.
6.
Where a Violation Tag is issued pursuant to this Bylaw, the person to
whom the Violation Tag is issued may, in lieu of being prosecuted for
the offence, pay the Village the penalty specified on the Violation Tag;
7.
Nothing in this Bylaw shall prevent a Bylaw Enforcement Officer from
immediately issuing a Violation Ticket.
8.
The Bylaw Enforcement Officer may enforce the provisions of this
Bylaw, and where a Bylaw Enforcement Officer has reasonable
grounds to believe that a provision of this bylaw has been contravened,
the Bylaw Enforcement Officer is authorized and empowered to
immediately issue a Violation Ticket pursuant to Part 2 of the
Provincial Offences Procedures Act, R.S.A. 2000, c. p-34, as amended,
to any person who the Bylaw Enforcement Officer has reasonable
grounds to believe is responsible for the contravention.
9.
Where a Violation Ticket has been issued to a person pursuant to this
Bylaw, that person may plead guilty to the offence by submitting to a
Clerk of the Provincial Court the specified penalty set out in the
Violation Ticket at any time prior to the appearance indicated on the
Violation Ticket.
10.
The Violation Ticket shall be served upon the person who is believed to
be responsible for the contravention under the Bylaw in accordance
with the provisions of the Provincial Offences Procedures Act, R.S.A.
2000, c. P-34, as amended.
11.
Should any Person be guilty of an offence for which no penalty is
specified in Schedule "A" herein, then such Person shall be liable upon
summary conviction to a fine of not less than five hundred dollars
($500.00) and not more than ten thousand dollars ($10,000.00) and in
default of payment of any fine, to imprisonment for up to one (1) year.
SEVERABILITY OF BYLAW PROVISIONS - Part 7
1.
It is the intention of Village Council that each separate provision of this
Bylaw shall be deemed independent of all provisions, and it is further
the intention of Council that if any provisions of this Bylaw be declared
invalid, all other provisions shall remain valid and enforceable.
REPEAL
A Previous Animal Control Bylaws and any amendments thereto are hereby
repealed by passage of this Bylaw.
COMMENCEMENT OF ENFORCEMENT
Read a first time in Council this 7th day of December, 2011.
Read a second time in Council this 7th day of December, 2011.
Read a third time in Council and finally passed this 7th day of December,
2011.
This Bylaw shall come into full force and effect on the 7th day of December,
2011.
_____________________________
Mayor
______________________________
CAO
SCHEDULE "A"
PENALTIES
INFRACTION
FIRST
OFFENCE
SECOND
OFFENCE
THIRD
OFFENCE
PART
3
Section
1
Fail to obtain a dog license
$75.00
$150.00
$300.00
Section
2(a)
ANIMAL runs at large
$80.00
$200.00
$300.00
Section
2(b)
Fail to ensure collar and tag
worn on dog
$75.00
$150.00
$300.00
Section
2(c)
Fail to confine ANIMAL in
heat
$100.00
$200.00
$300.00
Section
2(d)
Fail to immediately remove
ANIMAL'S defecation
$100.00
$200.00
$300.00
Section
2(e)
ANIMAL on school
property
$100.00
$200.00
$300.00
Section
2(f)
ANIMAL in playground or
sand area
$100.00
$200.00
$300.00
Section
2(g)
ANIMAL barks or howls so
as to disturb any person
$100.00
$200.00
$300.00
Section
2(h)
ANIMAL damages public
or private property
$150.00
$300.00
Court
Section
2(i)
Dog chases any person,
animal, bicycle, or motor
vehicle
$200.00
$400.00
Court
Section
2(j)
ANIMAL bites any person
or animal
Court
Court
Court
Section
2(k)
ANIMAL attacks or injures
any person or animal
Court
Court
Court
Section
3(a)
Fail to provide
identification
$200.00
$400.00
Court
Section
3(b)
Providing false or
misleading information
$200.00
$400.00
Court
Section
4
Harbouring, suffering, or
permitting more than two
dogs or 3 cats at a residence
$100.00
$200.00
$300.00
PART
4
Section
4(a)
Interfering with a Bylaw
Enforcement Officer
$200.00
$400.00
Court
Section
4(b)
Unlocking or unlatching a
vehicle with an impounded
ANIMAL
$200.00
$400.00
Court
Section
4(c)
Removing or attempting to
remove an ANIMAL from
the possession of a Bylaw
Enforcement Officer
$200.00
$400.00
Court
SCHEDULE "B"
Licensing fees for Dogs in the Village of Alix, Alberta are as follows:
Twenty dollars ($20.00) for spayed / neutered Dogs and forty dollars ($40.00)
for non-spayed / non-neutered Dogs if purchased on or before January 31 of
the current year.
Thirty dollars ($30.00) for spayed / neutered Dogs and fifty dollars ($50.00)
for non-spayed / non-neutered Dogs if purchased after January 31 of the
current year.
Replacement tags can be purchased for ten dollars ($10.00) / tag.
This schedule comes into effect this 7th day of December, 2011.