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TOWN OF BEAVERLODGE
BYLAW NO. 1032
A bylaw of the Town of Beaverlodge in the Province of Alberta, to provide for the licensing,
regulation and control of Dogs and to establish regulation for Dogs, Cats, and other Animals in
the Regional Animal Pound.
WHEREAS, the Municipal Government Act, R.S.A. 2000 c M-26 of Alberta, authorizes a
Municipality to pass Bylaws respecting the safety, health and welfare of people and the
protection of people and property and respecting domestic animals and activities relating to
them; and
WHEREAS, the Municipal Government Act, R.S.A. 2000 c M-26, authorizes a Municipality to
pass a Bylaw regulating, licensing, and controlling Dogs, Cats, and other Animals.
NOW THEREFORE the Council of the Town of Beaverlodge enacts as follows:
1. This bylaw may be cited as the "Animal Control Bylaw"
2. DEFINITIONS
(a)
"Animal" shall mean any domestic animal or small household pet including exotic
pets, and shall not include domestic or wild Birds, Wildlife, or Livestock.
(b)
"Assistance Dog" means any professionally trained Dog that works in partnership
with a person to increase his or her independence, safety and mobility.
(c)
"Attack" means an assault resulting in bleeding, bone breakage, sprains,
abrasions, bruising.
(d)
"Barking" means howling, whining, whimpering, baying, orbarking.
(e)
"Bite" means a wound to the skin causing an abrasion, bruising, puncture or
break.
(f)
"Cat" means either a male or female domestic Cat of anybreed.
(g)
"Controlled Confinement" means when an order is issued by a Peace Officer to
confine or seize a Dog in either the Regional Animal Pound or at any other
location as specified in the order and confined in a pen, cage or building in a
manner that will not allow the Dog to Bite or harm any person, Animal or
Livestock.
(h)
"Day" means a continuous period of twenty-four (24)hours.
(i)
"Dog" means either a male or female Dog of any breed.
(j)
"Dog license" means a license application issued by the Town of Beaverlodge.
(k)
"Dog Tag means the physical tag issued by the Town of Beaverlodge as a means
of identification.
(I)
"Impounded" means a Dog, Cat or other Animal that has been apprehended,
caught, trapped in a live trap, or is otherwise caused to come into the care and
custody of a Peace Officer pursuant to an investigation or apparent breach of this
Bylaw or other Federal or Provincial Legislation concerning Animals.
(m)
"leash" means any material that is less than 2 meters in length capable of
restraining the Dog on which it is being used.
(n)
"livestock" means alpacas, bison, cattle, donkeys, goats, horses, llamas, mules,
sheep, and swine.
(o)
"Muzzle" means a device of sufficient strength that when placed over a Dog's
mouth to prevent it from Biting.
(p)
"Owner" means the Owner of a Dog and includes any person or groupof people:
(i)
named as Owner on a Dog License application;
(ii)
in possession or control of a Dog; or
(iii)
in possession or control of the property where a Dog appears to reside,
either temporarily or permanently.
(q)
"Peace Officer" means:
(i)
a member of the Royal Canadian Mounted Police,
(ii)
a Peace Officer appointed under the Peace Officer Act,
(iii)
a person appointed as a Bylaw Enforcement Officer,
(iv)
a Pound keeper or their designate employed for the purpose of operating
the Pound.
(r)
"Playground Equipment" means an area containing play equipment, play
structure(s) and protective surfacing that is intended for the use of children.
(s)
"Posted Area" means an area posted by the Town of Beaverlodge with a sign
which prohibits Dogs from being in that area.
(t)
"Pound" means the Regional Animal Pound established for the temporary
holding of Impounded, captured, stray or other Dogs, Cats, and Animals.
(u)
"Recreation Areas" means any area within the Town of Beaverlodge that is
owned, leased, or operated or managed by the Town of Beaverlodge and is
intended for but not limited to the use of sporting events and only encompasses
the area of the field intended for the activity.
(v)
"Running at Large" means a Dog which is off the premises of its Owner and is not
on a Leash and under control of a competent person.
(w)
"Service Dog" means a service dog as defined in the Service Dog Act.
(x)
"Town" means the corporate entity of the Town of Beaverlodge.
(y)
"Vicious Dog" means any Dog whatever its age, whether on public or private
property, shows a propensity, disposition or potential to Attack without
provocation or a Dog which has:
(i)
chased, injured or Bitten any other Animal, Livestock or human,
(ii)
damaged or destroyed any public or private property,or
(iii)
threatened or created the reasonable apprehension of a threat to any
other Animal, Livestock or human which presents a threat of serious
harm to other Animal, Livestock, or humans, or
(iv)
has previously been determined to be a Vicious Dog by any other
jurisdiction.
If a Peace Officer determines that a Dog is a Vicious Dog, either through personal
observation or, on the basis of facts, determined after an investigation
initiated by a complaint, the Officer may declare the Dog to be a Vicious
Dog.
(z)
"Vicious Dog License" means a license issued by the Town of Beaverlodge for a
Vicious Dog.
(aa)
"Violation Ticket" means a violation ticket as defined in the Provincial Offences
Procedure Act.
(bb)
"Voluntary Payment" means payment pursuant to Section 26 or 36 of the
Provinces Offences Procedure Act.
(cc)
"Voluntary Penalty" means a penalty specified in this Bylaw for a contravention
of a provision of this Bylaw which amount may be paid by a person to whom a
voluntary payment summons was issued.
3. DOG LICENSING
(a)
No owner shall keep any Dog over the age of six (6) months within the Town of
Beaverlodge unless such Dog is licensed in accordance with this Bylaw.
(b)
Before the issue or renewal of a licence pursuant to this part, the owner must
submit to the Town clerk:
(i)
the licence fee as established by the Town of Beaverlodge Fees & Charges
Policy;
(ii)
proof, in form acceptable to the Town clerk, of the dog being spayed or
neutered if applicable;
(iii)
any additional information required by this bylaw or by the CAO.
(c)
Unless otherwise specified in this bylaw, the term of a licence pursuant to this
part expires December 31'1 of the year it is issued or renewed. Licences must be
renewed annually on or before January 31'' of the year following expiry.
(d)
The Owner applying for a Dog licence must be at least eighteen (18) years of age.
(el
The Owner shall ensure that the Dog wears the current Dog Tag issued for that
Dog. The Dog Tag must be securely attached to the Dog.
(f)
A Dog Licence and a Dog Tag is specific to an individual Dog and may not be
transferred to another Dog.
(g)
If a Dog Tag is lost, it is the responsibility of the Owner to notify the Town of
Beaverlodge and obtain a new Dog Tag. Replacement tags are subject to a fee as
established by this bylaw.
(h)
No person shall provide false information on the Dog/Vicious Dog Licence
Application.
4. KEEPING OF DOGS
(a)
No Owner shall keep or allow to be kept more than two (2) Dogs that have
reached six (6) months in age.
(b)
An Owner desiring to keep more than two (2) Dogs may apply in writing to the
Town of Beaverlodge to be considered for an exemption.
5. CAT LICENCING
(a)
No owner shall keep any Cat over the age of six (6) months within the Town of
Beaverlodge unless such Cat is licensed in accordance with this Bylaw.
(b)
Before the issue or renewal of a licence pursuant to this part, the owner must
submit to the Town clerk:
(i)
the licence fee as established by the Town of Beaverlodge Fees & Charges
Policy;
(ii)
proof, in form acceptable to the Town clerk, of the cat being spayed or
neutered if applicable;
(iii)
any additional information required by this bylaw or by the CAO.
(c)
Unless otherwise specified in this bylaw, the term of a licence pursuant to this
part expires December 31'' of the year it is issued or renewed. Licences must be
renewed annually on or before January 31'' of the year following expiry.
(d)
The Owner applying for a Cat Licence must be at least eighteen (18) years of age.
(e)
The Owner shall ensure that the Cat wears the current Cat Tag issued for that
Cat. The Cat Tag must be securely attached to the Cat.
(f)
A Cat Licence and a Cat Tag is specific to an individual Cat and may not be
transferred to another Cat.
(g)
If a Cat Tag is lost, it is the responsibility of the Owner to notify the Town of
Beaverlodge and obtain a new Cat Tag. Replacement tags are subject to a fee as
established by this bylaw.
(h)
No person shall provide false information on the Cat Licence Application.
6. KEEPING OF CATS
(a)
No Owner shall keep or allow to be kept more than four (4) Cats that have
reached six (6) months in age.
(b)
An Owner desiring to keep more than four (4) Cats may apply in writing to the
Town of Beaverlodge to be considered for an exemption.
7. NUISANCES
(a)
The Owner shall ensure their Dog does not Bark in a manner that is reasonably
likely to annoy or disturb the peace or the quality of life for others.
(b)
When a Peace Officer is determining whether Barking is reasonably likely to
annoy or disturb the peace or the quality of life for others, consideration may be
given to, but is not limited to:
(i)
proximity of the property where the Dog resides;
(ii)
duration of the Barking;
(iii)
time of day and day of the week;
(iv)
nature and use of the surrounding area.
8. DEFECATION
(a)
The Owner shall forthwith remove any defecation left by the Dog/Cat on public
or private property other than that of the Owner.
(b)
The Owner shall ensure that defecation left by the Dog/Cat on the property of
the Owner does not accumulate to such an extent that it is reasonably likely to
annoy any person by sight or smell.
9. RUNNING AT LARGE
(a)
No Owner shall permit a Dog to be Running at Large within the Town of
Beaverlodge except at an approved and designated off-leash park.
(b)
No Owner shall permit their Dog to be unattended and tied to any object when
off the property of the Owner. Such Dog shall be deemed to be Running at Large.
10. MOTOR VEHICLES
(a)
No Owner shall permit, or allow any Dog to ride on the outside of a moving
vehicle where the Dog is not secured in a manner that prevents the Dog from
jumping or falling out.
11. PRIVATE PROPERTY
(a)
No Owner shall permit any Dog to trespass on private property whether on or off
Leash.
(b)
No Owner shall permit any Cat to trespass on private property, unless the person
in charge of the private property consents to the Cat being there.
12. PLAYGROUNDS/POSTED AREAS
(a)
An Owner shall not permit a Dog/Cat to be on any school property play area or
Playground.
(b)
An Owner shall not allow a Dog/Cat to be on any Posted Areas.
13. SCATTERING GARBAGE
(a)
The Owner of a Dog/Cat shall ensure that it does not upset any waste receptacle
or scatter garbage on public or private property not belonging to the Owner of
the Dog/Cat.
14. THREATENING BEHAVIOURS
(a)
The Owner of a Dog shall ensure that such Dog shall not:
(i)
chase or Bite a person, Dog, Cat, Livestock, Animal, or any type of vehicle.
(ii)
cause damage to property or Dogs, Cats, Livestock or Animals.
(iii)
Attack or threaten a person, Dog, Cat, Livestock, fowl or Animal.
(iv)
cause death to a Dog, Cat, Livestock, fowl or Animal.
(b)
A Peace Officer, who believes an offence has been committed under subsection
(a), may order Controlled Confinement of the Dog.
(c)
An Owner shall follow all conditions as stipulated in the Controlled Confinement
order.
(d)
An Owner shall not use or direct a Dog to Attack, chase, or threaten a person,
Dog, Cat, Livestock, fowl or Animal.
15. DOG/CAT IN HEAT
(a)
Notwithstanding subsection (b), an Owner of a Dog/Cat in heat shall, during the
entire period that such Dog/Cat is in heat, keep such Dog confined in a manner
as not to attract other Dogs/Cats.
(b)
Where a Dog in heat is confined such Dog shall be permitted out of confinement
for the sole purpose of permitting such Dog to urinate or defecate.
16. ANIMAL CONTROL OPERATION -AUTHORITY
(a)
A Peace Officer may capture, trap, or Impound any Dog found Running at Large.
(b)
A Peace Officer may enter onto any land in pursuit of a Dog which is Running at
Large.
(c)
A Peace Officer, in any case where the Owner of a Dog can be identified through
the Town of Beaverlodge's records, may return the Dog to its Owner where
practicable instead of taking the Dog to the Pound.
(d)
A Peace Officer may use any humane method to capture a Dog. Should the Dog
be hurt during capture or attempted capture, neither the Town of Beaverlodge
nor the Peace Officer shall be held liable for such injury.
(e)
A Peace Officer may delegate his powers to any person for the purpose of
assisting the Peace Officer in the capture of any Dog in contravention of this
Bylaw. Any person delegated or assisting a Peace Officer shall not be held liable
as per subsection (d).
(f)
A Peace Officer may seize any Dog that in the opinion of the Peace Officer poses
a threat to the public. When a Dog is seized the Peace Officer may issue a
Controlled Confinement order to the Owner of the Dog.
17. OWNER IDENTIFICATION
(a)
An Owner of any Dog/Cat found in violation of any provisions of this Bylaw shall
on demand, produce or provide forthwith suitable identification to the Peace
Officer.
(b)
For the purpose of this Bylaw, suitable identification shall mean any document or
documents, or verbal communication, verifying the name, date of birth and
current address of the Owner.
18. OBSTRUCTION
(a)
No person shall:
(i)
interfere with or attempt to obstruct a Peace Officer who is attempting to
capture or has captured a Dog which is subject to being Impounded or
seized pursuant to the provisions of this Bylaw;
(ii)
induce a Dog to enter a house or other place where it may be safe from
capture or otherwise assist a Dog to escape capture;
(iii)
unlock, unlatch or otherwise open the Peace Officer's vehicle to allow or
to attempt to allow any Dog to escape;
(iv)
tamper with, unlock, unlatch or otherwise open a kennel, humane live
trap, or any other Animal control equipment;
(v)
fail, without lawful excuse, to follow any direction under this Bylaw given
by a Peace Officer.
19. NEGLIGENCE
(a)
No person shall:
(i)
untie, loosen or otherwise free a Dog 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 a Dog has been confined thereby allowing a Dog to
Run at Large within the Town of Beaverlodge.
20. TRAPPING OF AN ANIMAL
(a)
A person who has humanely trapped a Dog, Cat or other Animal shall:
(i)
take all reasonable precautions to keep any trapped Dog, Cat, or other
Animal safe from harm, and
(ii)
notify and surrender a trapped Dog, Cat or other Animal to a Peace
Officer, or where applicable transport the trap and Dog, Cat or other
Animal to the Regional Animal Pound for surrender, and
(iii)
abide by the terms and conditions of the Animal Trap Agreement.
21. TORMENT
(a)
No person shall tease, torment, annoy, or otherwise provoke a Dog.
22. VICIOUS DOGS
(a)
If a Peace Officer determines that a Dog is a Vicious Dog, he may:
(i)
give the Owner a verbal and/or written order that the Dog has been
deemed to be a Vicious Dog, and
(ii)
require the Owner to keep such a Dog in accordance with the provisions
of Section 21 of this Bylaw.
(iii)
under this Bylaw a Vicious Dog order continues to apply if the Vicious Dog
is sold, given or transferred to a new owner.
23. VICIOUS DOG REQUIREMENTS
(a)
The Owner of a Vicious Dog shall within ten (10) days after the Dog has been
declared a Vicious Dog obtain a Vicious Dog licence from the Town of
Beaverlodge.
(b)
The Owner of a Vicious Dog shall take all the necessary steps to ensure that the
Dog does not Bite, chase or Attack any person whether the person is on public or
private property or in a dwelling.
(c)
The Owner of a Vicious Dog shall take all the necessary steps to ensure that the
Dog does not Bite, chase or Attack any Dog, Cat or other Animal whether the
Dog, Cat or Animal is on public or private property or in a dwelling.
(d)
When a Vicious Dog is in the dwelling house of its Owner, it shall be restrained or
kept confined in such a manner as to prevent the escape of the Dog and to
secure the public from harm.
(e)
When a Vicious Dog is not in a dwelling house it must be confined in a locked pen
with a secure bottom effectively attached to the sides, or the sides shall be
embedded in the ground to a minimum depth of thirty (30) centimeters. The pen
must be located at a point no closer than 1.5 meters to the apparent boundary of
the property.
(f)
When a Vicious Dog is off the premises of the Owner, it shall be securely
Muzzled, on a Leash and controlled by the Owner or a competent person capable
of controlling the Dog at all times.
(g)
Owner of a Vicious Dog shall notify a Peace Officer immediately if the Dog is
Running at Large.
(h)
When the Owner of a Vicious Dog produces a certificate indicating that the Dog
has passed the Canine Good Neighbor's Test, as administered by a qualified
instructor, the County may grant an exemption for the Muzzling and secure pen
requirements of this Section.
24. IMPOUNDMENT
(a)
A Dog, Cat, or other Animal that is Impounded pursuant to this Bylaw may be
taken to the Pound and held for a period of S calendar days. Statutory Holidays
shall not be included in the computation of the 5 calendar days period.
(b)
A Dog, Cat or other Animal turned in to the Pound as a found or stray animal may
be held for a period of 5 calendar days. And Statutory Holidays shall not be
included in the computation of the 5 calendar days period.
(c)
A Dog, Cat or other Animal that is Impounded or otherwise turned in to the
Pound shall be subject to a mandatory reclaim fee plus additional daily boarding
costs as specified in the Town of Beaverlodge Fees & Charges Policy.
(d)
At the end of the lmpoundment period, the Dog, Cat or other Animal shall
become the property of the Town of Beaverlodge unless the Dog, Cat or other
Animal Owner complies with the following:
(i)
fills out the required reclaim forms fully, and
(ii)
pays the required reclaim fees, and
(iii)
pays the required daily boarding cost fees.
(e)
If all legal requirements have not been met under this Bylaw, or other provincial
or federal animal legislation, the Peace Officer will not be required to release the
Dog, Cat or other Animal to the Owner and may continue to Impound the Dog,
Cat, or other Animal for such further period of time as the Peace Officer deems
necessary.
(f)
A Dog that is under a Controlled Confinement order pursuant to this Bylaw may
be released back to the Owner on conclusion of the Peace Officers investigation
provided all the requirements of this Bylaw have been met.
(g)
Reclaim and daily boarding cost fees may not be charged for a Controlled
Confinement Dog.
(h)
If the Owner fails to reclaim a Dog that is under Controlled Confinement order on
the expiry of the 10 day period, or sooner under the direction of a Peace Officer,
the Dog will revert to Impound status and the provisions of Section 22(a) will
apply.
25. PROHIBITED ANIMALS
(a)
No person shall keep or have any of the following on any premises with a
municipal address in the Town:
(i)
a Large Animal or the young thereof;
(ii)
poultry;
(iii)
bees; or
(iv)
poisonous snakes, reptiles or insects.
(b)
This section, other than 25 (a)(iv), does not apply in the case of premises with a
municipal address in the Town, on land zoned AG, or to land which horses were
previously grandfathered.
26. FINES AND PENALTIES
(a)
Any person who contravenes the provisions of this Bylaw, or direction given by a
Peace Officer pursuant to this Bylaw, is guilty of an offence and may be issued a
Violation Ticket.
(b)
A person who is guilty of an offence pursuant to this Bylaw is liable upon
summary conviction to a fine in an amount not less than one hundred dollars
($100.00) and not exceeding ten thousand dollars ($10,000.00).
(c)
A Provincial Court Judge, Commissioner or Justice, may in addition to the
penalties provided in this Bylaw, direct or order the Owner of a Dog to prevent
such Dog from doing mischief or causing a disturbance or a nuisance complained
of or to have the Dog removed from the Town of Beaverlodge or to have the Dog
destroyed.
(d)
Providing no offence has reoccurred against an individual Dog within the
previous twelve (12) months, an offence shall be considered to be a first offence
unless it is in public interest pursuant to Section 27 of the Provincial Procedure
Act.
(e)
The specified penalty payable in respect of a contravention of a provision of this
Bylaw is the amount shown in Schedule "A".
27. EXEMPTIONS
(a)
This Bylaw does not apply to a Service Dog or Assistance Dog while it is in active
service.
(b)
Service Dogs are exempt from Section 3 of this Bylaw.
28. SEVERABILITY
(a)
Each Section of this Bylaw shall be read and construed as being separate and
severable from each other Section. Furthermore, should any Section or Part of
this Bylaw be found to have been improperly enacted for any reason, then such
Section or Part shall be regarded as being severable from the rest of the Bylaw
and the Bylaw remaining after such severance shall be effective and enforceable.
29. RESCIND BYLAW
Bylaw 917 and 917-Al is hereby rescinded.
30. EFFECTIVE DATE
This Bylaw shall come into full force and effect on the third and final reading.
READ A FIRST TIME this 12th day of November 2024.
READ A SECOND TIME this 25th day of November 2024.
Mayo&_r' Rycroft
;,
READ A THIRD TIME this 25th day of November 2024.
?2- -
Mayo/Gary Rycroft == --->
ATTACHMENTS:
Schedule "A" - Specified Penalties
SCHEDULE "A"
SPECIFIED PENALTIES
2nd offence
3rd offence
Section
Offence (Description)
1st offence
within 1 year
within 1 year
3(a)
Unlicensed dog
100
200
Court
3(e)
Dog not wearing dog tag
100
200
Court
3(h)
Provide false information on license application
200
300
Court
4(a)
Keep more than 2 dogs
200
300
Court
5(a)
Unlicensed cat
100
200
Court
5(e)
Cat not wearing cat tag
100
200
Court
5(h)
Provide false information on license application
200
300
Court
6(a)
Keep more than 4 cats
200
300
Court
7(a)
Dog barking disturbing the peace of any person
100
200
Court
S(a)
Fail to remove defecation forthwith
100
200
Court
S(b)
Fail to remove defecation from owners property
200
300
Court
9(a)
Al low dog to run at large
100
300
Court
9(b)
Unattended dog left tied while off the property of the owner
100
200
Court
l0(a)
Unsecured dog on the outside of a vehicle
100
200
Court
Allow dog to trespass on private property while on or off a
ll(a)
leash
100
200
Court
Allow dog to be on any school property, playground or other
12(a)
posted area
100
200
Court
12(b)
Allow dog on recreation area
100
200
Court
13(a)
Dog scatter garbage
200
300
Court
Chase or bite a person, dog, cat, livestock, animal or any
14(a)(i) vehicle
300
500
Court
14(a)(ii) Cause damage to property, dog, cat, livestock or other animal
300
500
Court
14(a)(iii) Dog attack or threaten
200
400
Court
14(a)(iv) Dog cause death to dog, cat, livestock, fowl or animal
500
1,000.00
Court
14(c)
Owner fail to comply with controlled confinement order
500
1,000.00
Court
An owner shall not use or direct a dog to attack, chase, or
14(d)
threaten a person, dog, or animal
500
1,000.00
Court
15(a)
Fail to keep a female dog confined while in heat
100
200
Court
17(a)
Fail to produce suitable identification
200
400
Court
2nd offence
3rd offence
Section
Offence (Description)
1st offence
within 1 year
within 1 year
Interfere or obstruct a Peace Officer who is attempting to
18(a)(i)
capture a dog
500
1,000,00
Court
18(a)iii) Induce the dog to enter a house or other place to avoid capture
500
1,000.00
Court
18(a)(iii) Unlock or unlatch Peace Officer's vehicle
500
1,000,00
Court
Tamper with, unlock, unlatch or otherwise open a kennel,
lS(a)(iv) twmane live trap, or anv other anlma! control equipment
S00
1,000.00
Court
lB(a)(v) Fail to comply with direction ttiven by Peace Officer
500
1,000,00
Court
Untle, loosen, or otherwise free a dog that has been
19(a)(i) tied/restrained
100
200
Court
19(a)(ii) Open a gate, door or other opening in a fence or enclosure
100
200
Court
201allil
Failure to keep trapped animal safe from harm
250
Court
Court
Failure to notify or surrender a trapped dog, cat or other animal
20(a)(ii) to a Peace Officer
250
500
Court
Shall abide by the terms and conditions of the animal trap
20(a)(iii) agreement
250
500
Court
21(a)
Tease/torment/annoy/provoke a dov
200
400
Court
23(a)
fail to obtain vicious dog license
500
1,000.00
Court
23(b)
Vicious dog bite/chase/attack a person
1,SOOJJO
Court
Court
23(cl
Viclous dog bite/chase/attack a dog/cat/animal
500
1,000,00
Court
23(d)
Fail to keep vldous doc confined in dwelling
500
1,000,00
Court
,23(e)
Fail to keep vicious dog confined when not ln dwelling house
500
1,000.00
Court
23(f)
Fail to keep a vicious dog muzzled or leashed orooerly
500
1,000,00
Court
Owner of a vicious dog shall notify the Peace Officer
23(g)
immediately if the <log is running at lame
500
1,000,00
Court
2S(a)
Prohibited Animals
S00
1,000,00
Court
Section not specified- any other section to which a flne has not
been specified
100