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BYLAW NUMBER 719-2009
BYLAW NUMBER 719-2009 OF THE TOWN OF BASHAW IN THE PROVINCE OF
ALBERTA, BEING A BYLAW TO REPEAL BYLAW NO. 667-2003 AND ANY
AMENDMENTS THERETO, AND BEING REPLACED BY THIS BYLAW TO REGULATE,
RESTRAIN THE RUNNING AT LARGE, THE LICENSING, AND IMPOUNDING OF
CATS.
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 TOWN TO PASS BYLAWS RESPECTING
WILD AND DOMESTIC ANIMALS, AND ACTIVITIES IN RELATION TO THEM;
NOW THEREFORE, THE MUNICIPAL COUNCIL OF THE TOWN OF BASHAW, IN THE
PROVINCE OF ALBERTA ENACTS A BYLAW REFERRED TO AS THE "CAT CONTROL
BYLAW."
DEFINITION - Part 1
1.
"AT LARGE" means a Cat that is present at any place other than the property of it's
Owner and which is not being carried by any person, or is not otherwise restrained by a
person controlling the Cat by means of a securely fastened leash.
2.
"CONTRACTOR" means a person under contract by the Town to maintain and
administer a pound facility or animal shelter for Cats.
3.
"BYLAW ENFORCEMENT OFFICER" means an employee or independent contractor
appointed by the Town to enforce the provision of the Town Bylaws, and includes a
member of the Royal Canadian Mounted Police, and when authorized a Special
Constable. A Bylaw Enforcement Officer is a Designated Officer for the purposes of
s.542 of the Municipal Government Act.
4.
"CAT" means either male or female of the feline family;
5.
"OWNER" means:
(a) a person who has the care, charge, custody, Possession, or control of a Cat;
(b) a person who owns or claims a proprietary interest in a Cat;
(c) a person who harbors, suffers, or permits a Cat to be present on any property of the
Owner or under that person's control;
(d) a person who claims and receives a Cat 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 a Cat;
(b) Having been given physical or effective control of a Cat by it's Owner for the
purpose of controlling the Cat for a specific period of time;
7.
"PRIVATE PROPERTY" means all property within the Town 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 Town, contained within the
boundaries of the Town.
9.
"TAG" means a current metal or other Tag issued by the Town to an Owner for
each Cat 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.
10.
"TOWN" means the Town of Bashaw, in the Province of Alberta;
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Bylaw #719-2009
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11.
"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.
12.
"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
Town Office within a set time period, that person will avoid prosecution for the offence.
LICENSING OF CATS - PART 2
1.
A resident of Bashaw who is the Owner of any Cat aged six (6) weeks or older shall
obtain a license for the Cat from the office of the Town of Bashaw as per Schedule "B".
2.
The Owner of every Cat shall, annually, on or before January 31st, renew the license for
that Cat by submitting to the Town the annual licensing fee, as set out in Schedule "B",
along with any other information as may be required by the Town. 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 Cat, a Tag indicating the year
for which the fee has been paid and marked with a number corresponding to the number
assigned to the Cat in the master register book, shall be issued to the Owner;
4.
Every Owner shall provide his Cat with a collar to which the Owner shall affix the
Tag for such Cat and the Owner shall ensure that the collar and Tag are worn during
those occasions when the Cat is not on the Owner's premises;
5.
In case a Cat license Tag is lost or destroyed, a duplicate or replacement will be issued by
the Town upon payment of the sum of five dollars ($5.00) by the Owner and provided the
Owner can present a receipt of payment of the license fee for the current Cat license year
or the Town administrative records indicate such payment was made;
6.
Licenses and Tags are not transferable from one Cat to another and no refund shall be
made on any paid up Cat license fee because of the death or sale of the Cat or upon the
Owner's leaving the Town before expiration of the license period;
7.
Any person that becomes the Owner of a Cat licensed under this Bylaw shall report the
change of ownership to the licensing department of the Town and the Town shall transfer
ownership of the license to that person, but no additional license fee shall be owing by
that person to the Town for the year for which that license was purchased;
OFFENCES AND RESPONSIBILITY OF OWNER - PART 3
1.
A resident of Bashaw who is the Owner of a Cat is guilty of an offence if he fails to
obtain a license for such Cat.
2.
The Owner of a Cat is guilty of an offence if such Cat:
(a)
runs At Large;
(b)
is without a collar and Tag while off the premises of its Owner;
(c)
is a Cat 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 Cat fails to immediately remove such
defecation;
(e)
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;
(f) stalks or kills birds on Public or Private Property;
(g) damages Public or Private Property;
(h) bites any person or animal;
(i)
attacks or injures any person or animal
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Bylaw #719-2009
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3.
The Owner of a Cat is guilty of an offence if the Owner:
(a)
fails to provide identification (Name, Address, Date of birth and Cat 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 three (3) Cats shall be harbored, suffered, or permitted to remain upon or in
any land, house, shelter, room or place, building structure, or premises within the Town
unless:
(a) the Cats in excess of the limit are under six weeks of age and the offspring of a
licensed Cat residing at the same location.
5.
An Owner that has more than the permitted three (3) Cats shall be allowed to continue to
license those grandfathered Cats prior to the enactment of this Bylaw provided they
obtain a License Tag for such Cats on or before January 31, 2010 and until such Cats
become deceased or they are no longer the Owner of such Cats. The Owner shall not be
permitted to replace any such Cats so as to be over the permitted number of Cats as noted
in Section 4 above.
RESPONSIBILITIES OF TOWN ADMINISTRATION - Part 4
1.
The Town of Bashaw shall arrange for a Pound to be established for the keeping and
impounding of Cats 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 Cat found At Large.
3.
In the active pursuit of any Cat while that Cat is At Large, any Bylaw Enforcement
Officer empowered to apprehend Cats 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 a Cat 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 Cat in accordance with the
provisions of this Bylaw;
(b)
Unlock or unlatch or otherwise open the motor vehicle in which Cats
captured for impoundment have been placed, so as to allow or attempt to
allow any Cat to escape therefrom;
(c)
Remove or attempt to remove any Cat from the Possession of the Bylaw
Enforcement Officer;
RELEASE OF IMPOUNDED CATS - Part 5
1.
The Contractor shall keep all impounded Cats for a period of no less than three (3) days,
including the day of impounding. Sundays and Statutory holidays shall not be included in
the computation of the three (3) day period. During this period any healthy Cat may be
redeemed by its Owner, upon payment to the Contractor of:
(a)
The appropriate license fee when a Cat 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 three (3) day period any Cat 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 Cat to a veterinarian and act
upon his recommendation. The Owner, if known, shall be held responsible for all
expenses so incurred.
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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 one (1) 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 Cat from the Town'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 Town 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.
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Bylaw #719-2009
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SEVERABILITY OF BYLAW PROVISIONS - Part 7
1.
It is the intention of Town Council that each separate provision of this Bylaw shall be
deemed independent of all provisions, and it is further the intention of Town Council that
if any provisions of this Bylaw be declared invalid, all other provisions shall remain valid
and enforceable.
REPEAL- Part 8
Bylaw No. 667-2003 and any amendments thereto are hereby repealed by passage of this Bylaw.
AUTHENTICATION - Part 9
1. This by-law shall come into full force and effect January 1, 2010 subsequent to third and
final reading and it is signed in accordance with the Municipal Government Act.
Read a first time in Open Council this _____ day of ____________________, 2009.
Read a second time in Open Council this _____ day of __________________, 2009.
Unanimous consent for third reading passed this _____ day of ____________, 2009.
Read a third time in Open Council and finally passed this _____ day of _______________, 2009.
______________________________
Mayor
______________________________
Chief Administrative Officer