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Summer Village of Birch Cove
Animal Control Bylaw
Bylaw # 125-13
Page 1 of 6
2/12/2014
Being a bylaw of the Summer Village of Birch Cove in the Province of Alberta
to govern the control of animals within the municipal boundaries.
Whereas, under provisions of Section 7 of the Municipal Government Act,
Chapter M-26 of the Revised Statutes of Alberta, 2000 and amendments thereto,
the Council may pass bylaws respecting domestic animals and activities in
relation to them and;
Whereas, the Council of the Summer Village of Birch Cove deems it in the best
interest of animal owners and the public in general for the Village to regulate
control of animals within its boundaries:
Now Therefore, the Council of the Summer Village of Birch Cove in Council
duly assembled, hereby enacts as follows:
I. DEFINITONS
1. "Animal" shall mean any domesticated animal, including but not limited
to cattle, horses, fowl, sheep or goats.
2. "At large" shall mean off the premises of the owner and not under the
immediate, continuous and effective control of a competent person.
3. "Dog" shall mean a male or female of the species over the age of three
months and shall include bitch, spayed bitch, male or neutered male.
4. "Animal Control Officer" shall mean any person appointed by the
Summer Village to carry out the provisions of this By-Law.
5. "Owner" shall mean and include any person owning, possessing, having
charge of or control over or harbouring any animal or dog or suffering or
permitting any animal or dog to remain about his house or premises.
6. "Run at Large" shall mean an animal that is at any place other than the
property of the owner or the property of the harboured, or is not otherwise
restrained by a leash held by a person and that leash is attached to a choke
chain, collar, or harness, securely holding the animal.
7. "Summer Village" or "Village" means the Summer Village of Birch Cove
in the Province of Alberta.
8. "Vicious Dog" means:
(i) any individual dog that when unprovoked inflicts bites or
attacks a human being or other animal either on public or
private property;
(ii) any individual dog with a known propensity, tendency or
disposition to attack without provocation, to cause injury or to
otherwise endanger the safety of human beings or domestic
animals;
(iii) any individual dog which attacks a human being or domestic
animal without provocation;
(iv) any individual dog owned or harboured primarily or in part for
the purpose of dog fighting or any dog trained for dog fighting;
Summer Village of Birch Cove
Animal Control Bylaw
Bylaw # 125-13
Page 2 of 6
2/12/2014
(v) any individual dog which has been found to be a "dangerous
dog" upon 3 separate occasion's;
(vi) no dog shall be deemed "vicious" if it bites, attacks, or
menaces a trespasser on the property of its owner provided that
such property is posted with warning signs or harms or
menaces anyone who has tormented or abused it or is a
professionally trained dog for law enforcement or guard duties.
9. "Dangerous Dog" shall mean any individual dog which when either
unmuzzled, unleashed or unattended by it's owner, or a member of it's own
family in a vicious or terrorizing manner, approaches any person in an
apparent attitude of attack upon streets, sidewalks, or any public ground or
places.
II. REGULATIONS
1. No animals, other than cats, dogs and other small pets may be harboured
on any property within the Village boundaries;
2. No person or owner shall harbour more than two small pets of one kind
of whatever sex and aged (6) months or more at one and the same time in
any house, shelter, room or place within the Village boundaries.
3. No person or owner shall permit any dog to run at large within the
boundaries of the Village.
4. No person shall remove or attempt to remove any animal or small pet,
including a dog from the possession of the Animal Control Officer or the
Animal Holding Facility prior to having paid the outstanding fines and
fees.
5. No person, whether or not he or she is the owner of a dog or small pet
which is being pursued by the Animal Control Officer, shall;
i) interfere with or attempt to obstruct an Animal Control Officer
from enforcing the provisions of this bylaw;
ii) induce any dog, small pet or animal to enter a house or place
where it may be sage from capture or otherwise assist the dog,
small pet, or animal to escape capture;
(iii) falsely represent himself as being in control of a dog, so as to
establish that the dog is not running at large;
(iv) unlatch or open the vehicle in which dogs captured for
impounding have been placed, so as to allow dogs to escape there
from.
6. It shall be the duty of the occupant of any house or premises in or about
which any female animal is kept or allowed to remain, to keep such
animals housed and confined during the whole period during which the
female is in heat.
Summer Village of Birch Cove
Animal Control Bylaw
Bylaw # 125-13
Page 3 of 6
2/12/2014
7. No person shall allow any dog to howl or bark excessively or in a manner
to disturb the quiet of any person.
8. No dog shall be allowed to defecate on any public or private property
other than the property of its owner. If a dog defecates on any public of
private property, the owner shall cause such defecation to be removed
immediately.
III. DETERMINING AN ANIMAL TO BE VICIOUS
1. The owner of a dog, which the owner has reason to believe to be a vicious
dog, shall keep such dog in accordance with the provisions of section III
(3) of this bylaw;
2. If an R.C.M.P. Officer, Peace Officer, Special Constable or Bylaw
Enforcement Officer appointed by Council, determines that a dog is a
vicious dog, either through personal observation or after an investigation
initiated by a complaint, he or she may, in writing;
i) inform the owner that his / her dog has been determined to be a
vicious dog and
ii) require the owner to keep such dog in accordance with the
provisions of section III (3) or this bylaw, and
iii) inform the owner that if the vicious dog is not kept in accordance
with section III (3) of this bylaw, the owner will be fined, or
subject to enforcement pursuant to Schedule "B" of this Bylaw.
3) The owner of a dog determined to be a vicious dog under section III (3)
of this bylaw shall take the following precautions:
i) at all times while a vicious dog is on the premises of its owner, the
owner shall either keep such dog confined indoors, or confined in a
securely enclosed and locked pen, or other structure, constructed to
prevent the escape of the vicious dog, and capable of preventing
the entry of young children
ii) such pen shall have secure sides and secure top, and if it has no
bottom secured to the sides, the sides must be embedded in the
ground to a minimum depth of one (1) foot;
iii) when any vicious dog is off the premises of the owner, the owner
shall securely muzzle the dog and ensure the dog is restrained by a
permitted leash which shall effectively prevent it from attacking or
biting a person or other animals;
iv) the owner of a vicious dog shall take all necessary steps to ensure
that such a dog does not bite, chase or attack any person or other
animal, whether the person or animal is on the property of the
owner or not;
v) the owner of a vicious dog shall not permit such dog to run at
large.
Summer Village of Birch Cove
Animal Control Bylaw
Bylaw # 125-13
Page 4 of 6
2/12/2014
IV. TICKETS/FINES
1. An animal control ticket issued to any person contravening any provision of
this bylaw shall be deemed to be sufficiently served if:
i) served personally on the owner of animal; or
ii) mailed by registered mail to the address of the owner as recorded on
the Village Tax Roll; or
ii) left at the residence of the accused in care of a person who appears to
be at least 16 years of age.
2. Fines levied for contravention of this bylaw are listed in Schedule "A" of this
bylaw.
This Bylaw repeals Bylaw # 99-11.
READ FOR A FIRST TIME, this 13th day of September, 2013
READ FOR A SECOND TIME, this 13th day of September, 2013
READ A THIRD TIME, and duly passed, this 13th day of September, 2013
signed this 13th day of September, 2013
__________________________________
Mayor Eugene Dugan
__________________________________
Municipal Administrator Dennis Evans
Summer Village of Birch Cove
Animal Control Bylaw
Bylaw # 125-13
Page 5 of 6
2/12/2014
SCHEDULE "A"
FINES
Fines shall be as follows:
I.
Infraction
Section
1st Offence
2nd Offence
1. Harbouring prohibited animals
(III,1)
$ 75.00
$150.00
2. Having an excess of two pets of the same kind (III,2)
$ 75.00
$150.00
3. Running at large
(III,3)
$ 75.00
$150.00
4. Removing from custody
(III,4)
$150.00
$225.00
5. Interfering with capture
(III,5)
$150.00
$225.00
6. Not confining bitch in heat
(III,6)
$150.00
$225.00
7. Barking or howling
(III,7)
$ 75.00
$150.00
8. Failure to remove defecation
(III,8)
$ 75.00
$150.00
II.
If an animal control ticket issued to an owner as a result of an infraction of this bylaw is
not paid in accordance with the terms of the ticket, an information may be filed and a
summons issued and prosecution conducted against such owner for the alleged violation.
III.
Any person who contravenes any of the provisions of the bylaw shall be liable upon
summary conviction to a penalty not to exceed $1000.00 plus costs, or in default of
payment, to imprisonment for a period not to exceed 30 days.
Summer Village of Birch Cove
Animal Control Bylaw
Bylaw # 125-13
Page 6 of 6
2/12/2014
SCHEDULE "B"
FINES - VICIOUS DOGS
I.
Infraction
Section
1st Offence
2nd Offence
1. Failure to confine a vicious dog
(III), (3), (i)
$ 300.00
$ 500.00
2. Failure to muzzle or otherwise secure
(III), (3), (ii) $ 300.00
$ 500.00
A vicious dog when off premises
3. If a vicious dog bites or attacks a
(III), (3), (iv) $ 500.00
$ 1000.00
person or animal causing injury
4. Permitting a vicious dog to run
(III), (3), (v) $ 300.00
$ 500.00
Any owner who commits three or more offences listed in this section will be issued a
compulsory court notice, and upon conviction will be subject to a fine of not more than $2500.00
and not less than $1000.00