2024-04 Animal Bylaw

Alliance, Alberta

This is the exact embedded text of the captured official document. Snapshot 2484fc61705b · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

______ ______ VILLAGE OF ALLIANCE BYLAW #2024-04 KEEPING AND CONTROLLING OF ANIMALS A BYLAW OF THE VILLAGE OF ALLIANCE IN THE PROVINCE OF ALBERTA REGULATING THE KEEPING AND CONTROLLING OF ANIMALS WITHIN THE LIMITS OF THE MUNICIPALITY WHEREAS, Section 7 (h) of the Municipal Government Act, chapter M-26 and amendments hereto empowers municipal Council of the Village of Alliance to regulate the control of animals within the municipality; AND WHEREAS, Council deems it expedient and proper to regulate the keeping of animals within the limits of the municipality; NOW THEREFORE, the municipal Council of the Village of Alliance duly assembled hereby enacts: 1. CITATION A. This Bylaw may be cited as the Village of Alliance "Animal Control Bylaw". 2. DEFINITIONS In this Bylaw, unless the context requires otherwise: A. "Animal" means any living organism other than human having sensation and the power of voluntary movement requiring oxygen and organic food for existence; B. "At Large" means where an animal is at any place other than at the owner's property or permitted property and is not being carried by any person or is not otherwise restrained by a permitted leash held by a person, and that permitted is attached to a choke chain collar or harness securely holding that animal. C. "Cat" means either a male/female neutered or spayed cat; D. "Controlled Confinement" means the confinement of an animal in a pen, cage, building or securely tethered in a manner that will not allow the animal to bite, harm or harass any person or animal; E. "Council" means the council of the municipal corporation of the Village of Alliance in the province of Alberta; F. "Damage to property" means damage to property other than to owner's property, and includes the defecating or urinating on such property; G. "Day" means a continuous twenty-four (24) hour period; H. "Dog" means either a male or female neutered or spayed dog; I. "Enforcement officer" means any peace officer or any other person appointed by the Village to enforce the provisions of this bylaw; J. "Large mammal" means any member of the class Mammalia other than men which in the adult form weighs ten (10) kg or more but shall not include dogs or cats; K. "Medical officer of health" means the medical officer of health as appointed and defined in the public health act or his or her designate; L. "Off leash area" means a designated area marked by signs where an animal may be allowed to be removed from a permitted leash; M. "Owner" means: i. A person that has a legal title to the animal; ii. A person has the care, charge, custody, control or possession of an animal; iii. A person who owns or claims any proprietary interest in an animal; iv. A person who harbours, suffers or permits an animal to be present on any property owned, occupied or leased by him or which is otherwise under his control; v. A person who claims and receives an animal from the custody of the animal shelter or an animal control officer; or vi. A person to whom a license tag is issued for an animal in accordance to this bylaw For the purpose of this Bylaw, an animal may have more than one (1) owner; N. "Owner's property" means any property in which the owner of an animal has legal or equitable interest or over which the owner of an animal has been given the control or use of by the legal or equitable owner of the property and which property ______ ______ shall include, without limiting generality of the foregoing, land, buildings and vehicles O. "Permitted Leash" means a leash adequate to control the animal to which it is attached and shall not exceed three (3) meters in length; P. "Permitted Property" means private property upon which the owner of the animal has the expressed permission of the owner of that property to allow the owners animal to be at large thereon; Q. "Poultry" means a bird normally kept for eggs or meat; R. "Animal Shelter" means a place that council shall provide or designate as such; S. "Serious wound" means an injury to a person or animal resulting from the action of an animal which causes the skin to be broken or flesh to be torn; T. "Vicious dog" means a dog of any age which: i. Without provocation, acts in an aggressive manner to other animals or persons, ii. Without provocation, chases other animals or persons; iii. Is a continuing threat of serious harm to other animals or persons; or iv. Without provocation has attacked other animals or persons U. "Village" means the Village of Alliance. 3. RESTRICTIONS A. It is unlawful for any person to harbour or permit to be harboured on land or premises occupied by that person: i. Any large mammal or the young thereof; ii. Any live poultry; iii. Any bees; iv. Any poisonous animal; or v. Any animal or species, including the above deemed dangerous or objectionable in the opinion of the medical officer of health or enforcement officer. B. Subsection 2-A shall not apply to any veterinary clinic, veterinary office, veterinary hospital, zoological garden or park, abattoir, pound, or animal shelter, or educational institution, or any property for which the Village has issued a development permit or other permit which allows the keeping of animals on the property. C. Notwithstanding Section 2, any person wishing to bring animals associated with farming, circuses or exhibition into the Village shall make application in writing for approval to do so to the Chief Administrative Officer. The application shall contain the type and number of animals as well as the duration of the stay and location. The application should include written permission of the property owner where the animals are to be kept. The applications may also be required to obtain letters of "no objection" from adjacent property owners. D. The Chief Administrative Officer may impose any conditions they feel necessary to ensure the safety and peace of others. E. Section 2-A and 2-C shall not prevent the grazing of livestock on land within the Village which remains in agricultural use. 4. RUNNING AT LARGE A. No animal shall run at large within the corporate limits of the Village B. If a person is unable to control or restrain the animal by a permitted leash, then that animal should be deemed to be "at large" notwithstanding the presence of a permitted leash. 5. OFF LEASH AREAS A. Notwithstanding subsection 4-A, an animal is not deemed to be at large when not secured by a permitted leash so long as the owner of the animal: i. Is in a location marked by signage to be permitted off leash areas; ii. Is following any and all posted regulations at the off-leash area, and; ______ ______ iii. Can maintain sufficient control of the animal without a permitted leash so as not to violate any other provisions of this bylaw. 6. NUISANCE ANIMALS A. No animal shall be allowed to be a nuisance. A nuisance shall include, but not be limited to: i. Biting, scratching or chasing a person or animal; ii. Barking, howling, meowing, chirping or otherwise disturbing any person; iii. Causing damage to property or other animals; iv. Defecating on property on other than that of the owner. B. Where an animal has caused damage to property or other animals, the owner of the animal shall pay for all damages incurred to the person suffering such damages. C. If an animal defecates on property other than the owner's property, the owner of the animal shall remove forthwith any defecated matter deposition. D. Where a person owns animals in a number sufficient to cause a nuisance to other persons or property, he may be ordered to reduce the number of animals under his control to a number deemed appropriate by the enforcement officer. A person shall comply with an order given under this section within fourteen (14) days from the date of the order. E. A person may appeal an order under subsection D to cancel by submitting a written notice to the Chief Administrative Officer within fourteen (14) days of receiving the order. F. The enforcement officer may impound the animal(s) at the owner's expense if the owner has not complied with the order within fourteen (14) days. 7. CONTROLLED CONFINEMENT A. A person who has received a serious wound or the owner of an animal which has received a serious wound and the owner of the animal which has inflicted a serious wound shall promptly report the animal to an enforcement officer who may place the inflicting animal under controlled confinement and the animal shall not be released from such controlled confinement except by written permission of a registered veterinary. At the discretion of the enforcement officer, such controlled confinement may be on the premises of the owner, a registered veterinarian, or the animal shelter. B. Upon demand made by an officer, the owner shall immediately surrender for quarantine an animal which has inflicted a serious wound to any person or any animal which the enforcement officer has reasonable and probable grounds to suspect of having to being exposed to rabies. The animal may be reclaimed by the owner: i. If adjudged free of rabies; and ii. Upon payment of confinement expenses; and iii. Upon compliances with the license provisions of this bylaw 8. REGISTRATION A. The owner of a dog over the age of six (6) months shall register such dog with the Village and shall pay an annual registration fee as set out in the Village of Alliance master rate bylaw. B. The identification of a dog pursuant to the registration requirements of subsection A shall be by a Village issued tag. C. Notwithstanding subsection A, where an animal is trained and used as a guide or other such animal there shall be no fee payable by the owner for registering the animal with the Village. D. Notwithstanding subsection A, the registration provisions of this bylaw shall not apply to dogs accompanying a person temporarily in the Village on business or vacation for a period not exceeding fourteen (14) days, or on such longer period as may be authorized by written permission from the Village. E. No person shall be entitled to a registration rebate under this bylaw. ______ ______ F. No registration or tag shall be transferrable from one animal to another, or attached to any other animal which has not been licensed by the Village. G. At all times when an animal is on any property other than that of its owners, the tag issued for such animal shall be attached to a collar or harness which must be worn by the animal. H. Pursuant to section 6-A, the owner of a dog shall: i. Register the dog on the first day on which the Village office is open for business after the becoming the owner of such dog; ii. Register the dog which had been impounded pursuant to this bylaw before such dog may be claimed from the animal shelter; or iii. Notify the Village when the dog has died, been sold, or has moved from the corporate limits of the Village. I. Where the registration fee required by the master rate bylaw has been paid by the tender of an uncertified cheque, the registration: i. Is issued subject to the cheque being accepted and cashed by the bank; ii. Is automatically revoked if the cheque is not accepted and cashed by the bank on which it was issued. J. The Village office shall keep a record of all dogs registered pursuant to section 6 of this bylaw. The record shall indicate: i. The date of registration; ii. The name, address and telephone number of the owner of the dog; iii. The registration number and amount paid; and iv. The breed, color and sex of the dog. 9. AUTHORITY TO ENFORCEMENT OFFICER A. An enforcement officer: i. May capture and impound any animal in respect of which he believes or has reasonable grounds to believe an offense under this bylaw is being or has been committed and is further authorized to take such reasonable measures as are necessary to subdue any animal which is at large, including the use of tranquilizer equipment and materials; ii. May enter onto any land in pursuit of any animal which has been running at large; iii. May, in any case where the owner of the dog can be identified through the Villages registration records, return such dog to the owner where practicable instead of delivering to the animal shelter; iv. Shall, if any animal other than a dog is captured, make a reasonable attempt to return the animal to the owner where possible, instead of being delivered to the animal shelter. 10. OBSTRUCTION A. No person, whether or not he is the owner of an animal which is being or has been pursued or captured, shall: i. Interfere with or attempt to obstruct an enforcement officer who is attempting to capture an animal which is subject to being impounded pursuant to the provisions of this bylaw; ii. Induce an animal to enter a house or other place where it may be safe from capture or otherwise assist the animal to escape capture; iii. Falsely represent himself as being in charge or control of an animal so as to establish that the animal is not running at large; or iv. Unlock or unlatch or otherwise open the animal shelter or any vehicle to allow or attempt to allow any animal to escape therefrom. 11. NEGLIGENCE A. No person shall: i. Untie, loosen or otherwise free an animal which has been tied or otherwise restrained; or ______ ______ ii. Negligently or willfully open a gate, door or other opening in a fence or enclosure in which an animal has been confined and thereby allow an animal to run at large in the Village. 12. TORMENT A. No person shall tease, torment, annoy, abuse or injure any animal. 13. RECLAIMING A. The owner of any: i. Impounded dog may reclaim the dog or cat from the animal shelter within three (3) Village of Alliance business operation days from the time of the impoundment by paying to the Village all impoundment fees and board fees per the master rate bylaw, paying any outstanding fines and registering the dog as required by this bylaw; ii. Impounded animal, other than a dog, may reclaim the animal within three (3) Village of Alliance business of operation days from the time of the impoundment by paying to the Village any outstanding fines and all impoundment and board fees per the master rate bylaw. 14. SALE OR DESTRUCTION A. The animal shelter keeper shall sell or destroy an animal after the animal is retained in the animal shelter for three (3) Village of Alliance business operation days from the time of impoundment, unless a person having authority orders the further retention of the animal, or unless the owner of the animal makes arrangements with the animal shelter keeper for the further retention of the animal. B. In any case, where an animal is found to be ill, in distress, or has been injured and it has been determined by a veterinarian or designate that the animal should be destroyed to prevent needless suffering, the animal may be destroyed as soon as practical. C. The purchaser of an impounded animal from the animal shelter pursuant to the provisions of this bylaw shall obtain full right and title to the animal and the right and title of the former owner shall cease thereupon. D. The animal shelter keeper shall report any apparent illness, communicable disease, injury or unhealthy condition of any animal to an enforcement officer who may discuss the matter with a veterinarian. The owner, if known, shall be held responsible for all charges resulting therefrom. 15. MAINTENANCE OF RESIDENCE OR GROUNDS Residence or grounds where any animals are kept shall at all times be maintained in a clean and sanitary condition, satisfactory to the medical officer of health or an enforcement officer or his or her designate. 16. VICIOUS DOGS A. A dog may be declared by an animal control officer, veterinary or enforcement officer to be vicious pursuant to this bylaw and will be licensed as such by the Village and subject to special provisions of this bylaw; B. If the animal control officer, veterinary or enforcement officer determines on reasonable ground that the dog is a vicious dog, either through personal observation or on the basis of facts determined after an investigation following a complaint, he may: i. Give the owner a written notice that the dog has been determined to be a vicious dog, setting out the reasons therefore, and the responsibilities of an owner of a vicious dog pursuant to this bylaw. C. The owner of a vicious dog should take all necessary steps to ensure that it does not bite, chase, or attack any person or animal whether the person or animal is on the property of the owner or not. D. When a vicious dog is on the premises of the owner, it shall be kept confined indoors under the effective control of a person over the age of sixteen (16) years, or ______ ______ confined in a securely enclosed and locked pen or other structure constructed and secured in such a way as to prevent the escape of the dog, and to prevent entry of persons unauthorized by the owner. E. Any such pen shall have: i. A secure top and sides; and 1. Either a secure bottom effectively attaching to the sides; or 2. The sides shall be imbedded in the ground to a minimum depth of 30 centimeters F. When a vicious dog is off the premises of the owner, the owner shall ensure that: i. the dog is securely muzzled; ii. the dog is secured by either a harness or leash, to effectively prevent the dog from attacking or biting a person or other animal. G. The owner of a dog which the owner knows or ought to know is a vicious dog, shall ensure that the dog does not: i. bite or attack a person or another animal; ii. chase a person or another animal; iii. injure or cause injury to a person or another animal; or iiii. damage or destroy public or private property. 17. CATS AT LARGE IN THE VILLAGE OF ALLIANCE A. A citizen of the Village of Alliance who is annoyed with damages done to his or her property as a result of a stray cat, may telephone the Village and voice a complaint, requesting a cat trap. B. Complainant, upon receiving a cat trap, shall comply with the PROCEDURE AND GUIDELINES FOR TRAPING OF STAY CATS in section 18, and such other terms and conditions as the Village may require. C. The provision of a cat trap to a complainant shall be at the sole discretion of the Village of Alliance. 18. PROCEDURE AND GUIDELINES FOR TRAPING OF STRAY CATS A. The Complainant will attend the Village Office and, if the complaint is found valid, the complainant will be requested to sign the form and agreement provided by the Village, and the Village will provide a cat trap to the complainant. B. The complainant will be requested to pay a $20.00 deposit to the Village. This deposit will be returned to the complainant at such time as the trap is returned and is found to be in the same condition it was at the time it was obtained from the Village. C. The complainant will set the cat trap in a place shaded from the hot sun, on the premises of the complainant for a period of not more than 72 hours, after which time he or she will return the trap to the Village Office. D. It will be the responsibility of the complainant to check the trap every 2-3 hours, or as approved by the Village and, if an animal is caught, the complainant is solely responsible of the animal wellbeing during it's capture and until he or she can bring the animal and the trap to the Village Office. E. The Village Office shall only accept captured animal on Tuesdays of every week during Office hours, 9:00am to 3:00pm. F. The Village may enter and inspect the premises of the complainant and ascertain if the cat trap has been properly placed or set and if a cat has been trapped. G. The complainant shall not leave a trap set on his or her property unattended when absent therefrom for any period of time whatsoever, except as approved by the Village. H. The complainant shall check the trap prior to 11:00pm on each day that the trap is on the property and, if no animal is caught, he or she shall, unless otherwise approved by the Village, trip the trap, and render it harmless until 6:00am the following day when the complainant, and again set the trap. I. At such time as the Village takes possession of a trapped cat, the Village will try to locate an identifying tag or tattoo on the cat, or identify the cat using picture ID and ______ ______ found, will make every effort to contact the owner of the cat in order to report that it has been impounded by the Village. J. If the cat cannot be identified by the means described in section 17(I), the Village will keep the cat for a period of at least 72 hours. After a 72 hours period, it shall be up to the discretion of the Village as to whether or not the trapped cat shall be kept, sold to a new owner, or be euthanized. However, notwithstanding the care taken to ensure return of an owner's cat, if a trapped cat shall be found by the Village to be wild and dangerous and/or seriously injured, it may be euthanized immediately upon being impounded. K. At such time as a cat owner attends the Village Office for the purpose of picking up his or her cat which was running at large, an offence ticket will be issued in accordance with the Bylaw. L. It is the responsibility of the complainant to ensure that, once a cat is trapped on his or her property, that said cat shall not be abused by anyone on his or her property or anyone coming onto his or her property. M. Any person seeing a cat in a trap being abuse is encouraged to telephone and report the abuse to the Village, at which time the Village will immediately attend at the premises where the abuse has taken place and will remove the cat and the trap forthwith. N. The Village shall not provide service after normal business hours. O. No cat trap will be provided by the Village to a complainant when weather conditions are, or are forecast to be, colder then 0 degrees Celsius within the 72- hour period from the time of issue. P. Any person who abuses, tease or pokes an animal in a cat trap or is causing pain, suffering, or injury to any animal may be charge with an offence under section 446 of the Criminal Code of Canada. 19. RELEASE OF IMPOUNDED CATS A. The Village shall keep all impounded cats for a period of at least 72 hours, including the day of impounding. During this period, any cat may be redeemed, by its owner, upon payment the Village of: i. The appropriate fine, where applicable; and ii. Kennel fees of $10.00 per day for every 24-hour period of fraction thereof that the cat has been impounded. B. At the expiry of the 72-hour period, any cat not redeemed may be destroyed or sold and the money kept by the Village. 20. ANIMAL CONTROL AUTHORITY The Bylaw Enforcement Officer or Village Administrator shall keep an up-to-date record of all complaints, notices, and reports regarding animals. 21. OTHER PROVISIONS A. Every owner whose cat damages public or private property is liable, upon apprehension of the cat to a fine of $50.00 for a first offence. 22. OFFENCES AND PENALTIES A. Any person who contravenes the provisions of this bylaw or refuses to obey the direction of the medical officer for health or enforcement officer given pursuant to this bylaw, is guilty of an offense and may be issued with an offense ticket by an enforcement officer in the amount prescribed in schedule A of this bylaw or a summons imposing a fine of two thousand five hundred dollars ($2,500.00). B. Each day of violation of any provision of this bylaw shall constitute a separate offense. C. The levying and payment of any fines shall not relieve a person from the necessity of paying any fees, charges or costs from which he is liable under the provisions of this bylaw. ______ ______ D. A justice of the peace or provincial court judge, in addition to the penalties provided in this bylaw, may if he considers the offense sufficiently serious, direct or order the owner of an animal to prevent such animal from doing mischief or causing the disturbance or nuisance complained of or to have the animal removed from the Village or have the animal destroyed. E. Provided no offense has occurred within the previous twenty-four (24) months an offense shall be considered to be a first offense. 23. ENACTMENT A. This bylaw shall repeal bylaw #2019-05, #2015-08 and #2009-02, and any amendments thereto on the date of final passing. B. This bylaw shall come into full force and effect upon final reading. READ a first time on the____ day of _______________, 2024 READ a second time on the ____day of _______________, 2024 READ a third time and final time on the _____day of _____________, 2024 _________________________________ Mayor _________________________________ Administrator ______ ______ SCHEDULE A Dog License Fees Before March 1st Altered Dog $15.00 Unaltered Dog $20.00 Vicious Dog $110.00 Dog Tag Replacement $10.00 Hobby license (3 dogs or more) $250.00 (In addition to annual license for each dog) Dog Fines and Penalties First Offence Subsequent Offence Owner fails to obtain annual license before March 1st $100.00 $200.00 Dog at large $50.00 $100.00 Biting or scratching a person or animal $300.00 $500.00 Chasing a person or animal $200.00 $400.00 Cause damage public/private property $100.00 $200.00 Excessively bark/howl/otherwise disturbs person $150.00 $300.00 Defecating on property other than owner $100.00 $200.00 Cat Fines and Penalties First Offence Subsequent Offence Cat trap deposit fees $20.00 $50.00 All misuse of a cat trap $20.00 $50.00 Impounded cat at the Village Office $10.00 per day $20.00 per day Cause damage to public/private property $50.00 $100.00 Contravenes any provision of section 9 $75.00 $150.00 Animal Shelter and Retention Costs Daily Animal Shelter fees Per contracted Animal Shelter Fees Impoundment fees non vicious dog $25.00 Impoundment fees vicious dog $100.00 Care and subsistence As set by pound or Veterinary clinic Veterinary Services As set by Veterinary clinic *All fines and penalties are double for vicious dogs.