Bylaw 03-04 Other Animal Bylaw — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot fd8053450d6c · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## CORPORATION OF THE VILLAGE OF BARNWELL IN THE PROVINCE OF ALBERTA ## BYLAW NO. 3-04  Rescinded By: 03-20 Date: 18 FEB 2021 A BYLAW OF THE VILLAGE OF BARNWELL IN THE PROVINCE OF ALBERTA TO PROVIDE FOR THE CONTROL OF WILD, EXOTIC, WILDLIFE AND OTHER ANIMALS WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF BARNWELL WHEREAS the Council of the Village of Barnwell, in the Province of Alberta, duly assembled, may pass a Bylaw and or regulations pursuant to Section 7 of the Municipal Government Act, being Chapter M-26.1, Statutes of Alberta, and any amendments thereto; AND WHEREAS IT IS DEEMED THAT THIS Bylaw will be to the general benefit of the citizens within the Village of Barnwell. NOW, THEREFORE, the Council of the Village of Barnwell, in the Province of Alberta, duly assembled enacts as follows: ## SECTION I ## SECTION II - 1.1. This Bylaw may be cited as "THE OTHER ANIMAL BYLAW". - 2.1 ANIMAL CONTROL OFFICER: means any person or persons, firm or corporation appointed by resolution of Council to carry out the provisions of this Bylaw. - 2.2 DOMESTICATED ANIMALS: means an animal, which is of docile nature or disposition, which was either born in captivity or has been tamed. - 2.3 EXOTIC ANIMAL: means an animal as set out in Schedule "A" to this Bylaw which is not a Wild Animal. - 2.4 LIVESTOCK: means livestock kept for use or pleasure and includes, but is not limited to, cattle, horses, sheep, goats, swine, alpacas, ostriches, llamas and other animals commonly classified as livestock. This does not include species subject to provisions of the Wildlife Act. DEFINITIONS  ## Village of Barnwell Bylaw No. 3-04 cont. - 2.5 PEACE OFFICER: means a member of the Royal Canadian Mounted Police, or a Special Constable or Police Utticer as appointed under the Police Act. - 2.6 POULTRY/FOWL: means birds kept for use or pleasure and includes, but is not limited to chickens, turkeys, geese, pheasants. This does not include birds subject to the provisions of the Wildlife Act. - 2.7 POUND: means a place, dwelling that the Council shall provide or designate for the confinement of impounded dogs. - 2.8 VILLAGE: means the Village of Barnwell in the Province of Alberta. - 2.9 WILD ANIMAL: means an animal of wild, untamed, uncultured, feral, or brutal nature or disposition. An animal which was once a domesticated animal can become a wild animal. ## SECTION III OTHER, DOMESTIC AND EXOTIC ANIMALS - 3.1 No person may keep within the limits of the Village of Barnwell, Livestock, except as hereinafter provided. - A. Horses and cows shall be allowed or permitted on those lands zoned Agricultural pursuant to Bylaw 1-97 of the Village of Barnwell. - Any livestock kept in accordance with Subsection 3. 1(A) must be securely enclosed in a fenced area and/or pen and not permitted to be at large, off of the owners property. - 3.2 No person may keep within the limits of the Village of Barnwell any other Poultry/fowl, Exotic or wildlife animals. - 3.3 All other animals, not classified as Livestock, Poultry/fowl, Wildlife or Exotic, must be kept caged or in a pen and not permitted to be at large, off of the owners property. These other animals include, but are not limited to: Rabbits, Iguanas, Gerbils, Guinea Pigs, Hamsters, Domesticated Mice, Domesticated birds and/or Ferrets.  ## Village of Barnwell Bylaw No. 3-04 cont. ## A. Section 3.3 shall not apply to Cats - 3.4 Failure to comply with any subsection of Section VIl of the Bylaw may result in prosecution, or in lieu thereof payment of a voluntary fine as set out in Schedule B, which is attached and forms part of this Bylaw. ## SECTION IV PENALTIES - 4.1 PENALTIES: Where an Animal Control Officer, Peace Officer or other person authorized to carry out the provisions of the Bylaw believes that a person has contravened any provision of this Bylaw, they may serve upon such person a notice of form commonly called a Bylaw Ticket, having printed wording approved by the Village Administrator, as per Schedule "C" - 4.2 A Bylaw Ticket shall be deemed to have been sufficiently served: - A. if served personally on the accused; or - B. if served by double registered mail; or - if left at the accused's usual place of abode with an inmate thereof who appears to be at least eighteen (18) years of age; or - D. where the accused is an association, partnership, corporation or registered kennel, if served by registered mail or if left with a person who appears to be at least eighteen (18) years of age and who is an employee or officer of the association, partnership, corporation or registered kennel. - 4.3 Upon production of any such Bylaw Ticket within twenty-one (21) days from the date of service of such notice, together with the payment of the sum specified as per Schedule "A", to a person authorized by the Village, and such payment payable to the Village of Barnwell, upon receipt of payment an official receipt for such payment shall be issued, and subject to the provisions of this Section, such payment shall be accepted in lieu of prosecution.  ## Village of Barnwell Bylaw No. 3-04 cont. - 4.4 If the person upon whom any such Bylaw Ticket is served tails to pay the said sum within the time allotted, the provisions of this Section shall no longer apply. - Notwithstanding the provision section, a person to whom a ticket dated an issued purs com to thing a contravention of an is ringt to orovisions of this Bylaw. ## SECTION V SUMMARY CONVICTION - 5.1 A person who contravenes a provision of the Bylaw by doing something which he/she is prohibited from doing, or by failing to do something which he/she is required to do, or by doing something in a manner different from that in which he/she is required or permitted to do in the Bylaw, is guilty of an offense and liable to, upon summary conviction, a fine of not more than two thousand five hundred ($2500.00) dollars, per infraction and upon failure to pay said fine and costs, to imprisonment for a period not exceeding thirty (30) days, per infraction. - 5.2 In addition to the penalties in this Section, a Provincial Judge may, if he/she considers the offense sufficiently serious, direct or order the person that owns, keeps, maintains or harbors the animal to prevent such animal from doing mischief or causing a disturbance or nuisance complained of or issues an order for the animal to be destroyed. SECTION VI COUNCIL INTENT - It is the intention of the Council of the Village of Barnwell, that each separate provision of this Bylaw shall be deemed independent of all other provisions herein and it is further the intention of Council that if any provision of this Bylaw be declared invalid, all other provisions thereof shall remain valid and enforceable. ## SECTION VII EFFECTIVE DATE - 7.1 This Bylaw shall come into force and effect upon the final passing thereof.  ( ## Village of Barnwell Bylaw No. 3-04 cont. READ A FIRST TIME THIS 22nd DAY OF APRIL, 2004 READ A SECOND TIME THIS 22nd DAY OF APRIL, 2004 BY UNANIMOUS CONSENT, READ A THIRD TIME AND FINALLY PASSED THIS 22nd DAY OF APRIL, 2004   David Alon MAYOR W. Bation ADMINISTRATOR  ## SCHEDULE "A" ## EXOTIC ANIMALS ## Mammals Marsupial: Marsupials or Pouched Mammals Viacropodida- Kangaroos Didelphidae American Opossums Dasyruidae Marsupial Wolf, Tasmanian Devil, Tasmanian Tiger, Pouched Notoryctidae Australian Bandicoot (not the Indian Bandicoot, which is a marsupial) Caenolestidae Phalangeridae Phacolomidae Pouched Rat Koala, Cuscus (a marsupial monkey), Flying Phalanger (similar to a flying squirrel) Wombat Carnivora: Carnivorous Land Mammals Candidae Wolf, Coyote, Fox, Wild Dog Ursidae Bear Procyonidae Raccoon, Panda, Coatimundi Mustelidae Weasels, Stoat, Wolverine, Marten, Mink, Badger, Skunk, Otter Viverridae Mongoose, Civet, Genet Hyenidae Hyena Felidae Ocelot, Lion, Tiger, Leopard, Panther, Lynx, Mountain Lion, Bobcat Pinnipedia Seals, Sea Lions, Walruses Chiriptera Bats Perissidactyla: Odd-toed Hoofed Animals Equidae Horse, Ass, Zebra, Mule Tapiridae Tapir Rhinicerotidae Rhinocerous Artiodactyla: Even-toed Hoofed Animals Suidae Tayassuidae Hippopotamidae Camelidae Tragulidae Cervidae All pigs, Warthog Peccaries Himmopotamus Camel, Dromedaries, Llama, Alpacas Mouse Deer Deer, Reindeer, Caribou, moose, Elk, Antelope  ## Village of Barnwell Bylaw No. 3-04 cont. ## Village of Barnwell Bylaw No. 3-04 cont. ## SCHEDULE "A" CONT'D Giraffidae Anitlocapridae Bovidae Giraffe, Okapi Pronger-Horned Antelope Sheep, Goat, Bison, Water Buffalo, Musk Ox, Cow, Heifer, Steer ## Edentata: Mymecophagidae Bradypodidae Dasypodidae Anteaters Sloths Armadillos ## Proboscodea: Elephantidae Elephants ## Primates Prosimii Anthropoidea Tree Shrews, Lemuirs, Lorises, Bush Babies, Tarsiers, Monkeys, Marmosets, Macaques, Baboons, Mandrills, Apes, Gibbons, Orangutans, Gorillas, Chimpanzees ## Reptiles Helodermatidae The only other order of venomous non-snakes among the Reptiles: Gila Monster, Beaded Lizard ## Serpents: Snakes Boidae Elapidae Hydrophiidae Casuariformes Apterygiformes Pythons, Boa Coral Snakes, Cobras, Kraits Sea Snakes Cassowries, Emus Kiwis Raptors: Diurnal and Norturnal Falconifromes Hawks, Falcons, Eagles, Buteos, Vultures, Kites, Condors, Ospreys, Sparrow Hawks Strigifromes Owls ## Arachnids All Spiders ## Insects All venomous insects Page 7  ## SCHEDULE «B" ## VOLUNTARY PENALTIES (per Calendar year) | For Violation of | FIRST | SECOND | THIRD | |--------------------|---------|----------|---------| | Section 3.1 | $ 100 | $250 | $ 500 | | Section 3.2 | $100 | $ 250 | $ 500 | | Section 3.3 | $ 50 | $ 75 | $125 | ## Village of Barnwell Bylaw No. 3-04 cont.  ## SCHEDULE "C" ## VILLAGE OF BARNWELL Animal Ticket No. This ticket is issued for breach of the Village of Barnwell Dog Bylaw No. 7-90, The Restricted Dog Bylaw No. 2-02 & any amendments hereto. Offence: First / Second / Third or Subsequent Offence Date: Location: Bylaw No.: Time: Section am/ pm Penalty* Impoundment Fees License Fees Other Charges TOTAL PAYABLE $ $ $ $- $ *The amount of the penalty only will be reduced by 20% if payment in full is received at the Village Office within five working days of the date of the offence. You may avoid prosecution for this offence by paying the amount indicated to the Village of Barnwell within twenty-one (21) days from the date of service of this notice. Failure to do so will result in prosecution in court. Payment may be remitted by mail but should be accompanied by this notice. ## DESCRIPTION OF ANIMAL License No. \_ Not Licensed Color. Neutered Male / Un-Neutered Male / Spayed Female / Un-spayed Female Owner Address Notice Delivered to DATED ISSUED BY: DATED:\_  PEACE OFFICER/ANIMAL CONTROL OFFICER