Cat and Dog Bylaw — full text

This is the exact embedded text of the captured official document. Snapshot a73a898060b7 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

TOWN OF CALMAR BYLAW #2023-08 BEING A BYLAW OF THE TOWN OF CALMAR RESPECTING THE REGULATION, LICENSING AND CONTROL OF CATS OR DOGS IN THE TOWN OF CALMAR WHEREAS the Municipal Government Act enables a Council to pass bylaws respecting Cat or Dogs; WHEREAS the purpose of municipality includes providing services that, in the opinion of Council is necessary and desirable; WHEREAS it is desirable to pass a bylaw dealing with the licensing and regulation of Cat or Dogs in the town; NOW THEREFORE, the Council of the Town of Calmar, In the Province of Alberta, assembled enacts as follows: 1, TITLE This Bylaw may be cited as the "Cat and Dog Bylaw". 2. INTERPRETATION and DEFINITIONS a) In this Bylaw unless the context otherwise requires: "Animal" means any bird, reptile, amphibian or mammal excluding humans and wildlife; "Animal Services Centre" means the town facility established for the holding of impounded Cat or Dogs as set out in this Bylaw; "Attack" means an assault resulting in bleeding, bone breakage, sprains, serious bruising, or multiple injuries; "Bite" means wound to the skin causing it to bruise, puncture, or break; "Bylaw Enforcement Officer" means a person appointed Bylaw Peace Officer by the Town of Calmar Town Manager; "Cat" means a small domesticated carnivorous mammal with soft fur, a short snout, and retractable claws. It is widely kept as a pet or for catching mice, and many breeds have been developed "Cemetery" means land within the Town and managed and controlled by The Town that is set apart or used as a place for the burial of dead human bodies or other human remains or in which dead human bodies or other human remains are buried; "Dog" means a domesticated carnivorous mammal that typically has a long snout, an acute sense of smell, nonretractable claws, and a barking, howling, or whining voice "Director, Calmar Community Standards" means the Town Manager or that person's designate; "Former Owner" means the person who at the time of impoundment was the Owner of a Cat or Dog which has subsequently been sold or destroyed; I. II. iv. V. VI. vii. VIII. IX. X. 1 "Golf Course" means land which is set aside for the playing of the game of golf and upon which the game of golf is played; "Justice" has the meaning as defined In the Provincial Offences Procedure Act, R.S.A. 2000, c.P-34, as amended or replaced from time to time; "Leash" means a chain or other material capable of restraining the Cat or Dog on which it is being used; XI. XII. XIII. livestock" includes, but Is not limited to: XIV. 1. a horse, mule, ass, swine, emu, ostrich, camel, llama, alpaca, sheep or goat. domestically reared or kept deer, reindeer, moose, elk, or bison 1.1. 1.1.1. farm bred fur bearing Animals including foxes or mink, 1.11.1. Animals of the bovine species. 1.1.1.11. Animals of the avian species including chickens, turkeys, ducks, geese, or pheasants, and 1111.11 all other Animals that are kept for agricultural purposes, but does not Include Cats, Dogs, or other domesticated household pets; "Muzzle" means a device of sufficient strength placed over a Cat or Dog's mouth to prevent it from biting; "Nuisance Cat or Dog" means a Cat or Dog declared to be a Nuisance Cat or Dog by the Director, Calmar Community Standards, or designate, in accordance with; "Owner" means any natural person or body corporate: who is the licensed Cwner of the Cat or Dog; 1. XV. XVI. XVII. 1.1. who has legal title to the Cat or Dog; who has possession or custody of the Cat or Dog, either temporarily or permanently; or 11.11 who harbours the Cat or Dog, or allows the Cat or Dog to remain on his premises; "Park" means a public space controlled by The Town and set aside as a park to be used by the public for rest, recreation, exercise, pleasure, amusement, and enjoyment and includes: Playgrounds, Cemeteries, Natural areas. Sports Fields, (v) Pathways, Trails, and (vii) Park roadways, but does not include Golf Courses. "Pathway" means a multi-purpose thoroughfare controlled by The Town and set aside for use by Pedestrians, Cyclists and Persons using Wheeled Conveyances, which Is improved by asphalt, concrete or brick, whether or not it is located In a Park, and includes any bridge or structure with which it is contiguous; 1. 1.1. 1.1.1. 11.11 111.11 XVIII. XIX. 2 "Playground" means land within the Town and controlled by The Town upon which apparatus such as swings and slides are placed; "Provincial Court" means The Provincial Court of Alberta; "Running at Large" means: a Cat or Dog or Cats or Dogs which are not under the control of a person responsible by means of a Leash and is or are actually upon property other than the property In respect of which the Owner of the Cat or Dog or Cats or Dogs has the right of occupation, or upon any highway, thoroughfare, street, road, trail, avenue, parkway, lane, alley, square, bridge, causeway, trestle way, sidewalk (including the boulevard portion of the sidewalk). Park or other public place which has not been designated as an off Leash area by the Director, Calmar Public Works, or XX. XXI. XXII. XXIII. a Cat or Dog or Cats or Dogs which are under the control of a person responsible by means of a Leash and which cause damage to persons, property or other Cats or Dogs; XXIV. "School Ground" means that area of land adjacent to a school and that is property owned or occupied by Blackgold County Board of Education and includes property owned or occupied with another party or the Town of Calmar; XXV. "Severe Injury" Includes any injury resulting in broken bone or bones, disfiguring lacerations, sutures, cosmetic surgery and further includes any other injury as determined to be severe by a Court upon hearing the evidence; XXVI. "Sports Field" means land within the Town and controlled by The Town which is set apart and used for the playing of a sport including baseball diamonds, field hockey or cricket pitches, and rugby, soccer or football fields; "Town" means the municipal corporation of the Town of Calmar or the area contained within the boundary thereof as the context requires; "Town Manager" means the person designated by Council as the Chief Administrative Officer of the Town or that person's designate; "Vicious Cat or Dog" means any Cat or Dog, whatever its age, whether on public or private property, which has: Chased, injured or bitten any other Cat or Dog or human. Damaged or destroyed any public or private property, or Threatened or created the reasonable apprehension of a threat to a human, and which, in the opinion of a Justice, presents a threat of serious harm to other Cat or Dogs or humans, or Been previously determined to be a Vicious Cat or Dog under this Bylaw. "Wading or Swimming Area" means any area designated as an outdoor wading or swimming area. This shall include any decks surrounding such facility and shall include that area within twenty (20) metres in all directions of the outside dimensions of such facility unless the Park boundary Is a lesser distance. 1.1. 1.1.1. 1.1.1.1. XXVII. XXVIII. XXIX. XXX. XXXI Each provision of this Bylaw is independent of all other provisions and If any provision is declared invalid for any reason by a Court of competent jurisdiction, all other provisions of this Bylaw remain valid and enforceable. b) 3 Nothing in this Bylaw relieves a person from complying with any provision of any federal or provincial law or regulation, other bylaw or any requirement of any lawful permit, order or licence. c) Any heading, sub-headings, or tables of contents in this Bylaw are included for guidance purposes and convenience only and shall not form part of this Bylaw. d) Where this Bylaw refers to another Act, Bylaw, regulation or agency, it includes reference to any Act, bylaw, regulation or agency that may be substituted, therefore. e) All the schedules attached to this Bylaw shall form a part of this Bylaw. f) g) This Bylaw does not apply to the Town in respect of Animals used by or on behalf of the Town for the purpose of land management, including weed control, on Town owned lands 3. LICENSING REQUIREMENTS DOG LICENSING a) No person shall own or keep any Dog within the Town unless such Dog is licensed as provided in this Bylaw. b) The holder of a Dog license must be eighteen (18) years of age c) The Owner of a Dog shall ensure that his Dog wears the current licence purchased for that Dog, when the Dog is off the property of the Owner. d) The Owner of a Dog shall obtain a one year temporary licence for such Dog at such times, and apply for a permanent license one year from the date of the temporary license in the manner as specified in section 3 of this bylaw. e) The Owner of a Dog shall: Subject to the provisions of section 3(5)(c) obtain a licence for such Dog on the first day on which the Calmar Town Office is open for business after the Dog becomes three months of age; I. Obtain a licence on the first day on which the Calmar Town Office is open for business after he becomes Owner of the Dog; Obtain a licence for a Dog notwithstanding that it is under the age of three months where the Dog is found Running at Large; Obtain an annual licence for the Dog on the day specified by the Town manager or designate each year. IV. CAT LICENSING No person shall own or keep any Cat within the Town unless such Cat is licensed as provided in this Bylaw. f) The holder of a Cat license must be eighteen (18) years of age.) g) 4 The Owner of a Cat shall ensure that his Cat wears the current licence purchased for that Cat, when the Cat is off the property of the Owner. h) I. Notwithstanding section 3(3)(a), every Owner shall ensure that a Cat that is wearing the current licence purchased for that Cat bears a visible tattoo or identifiable microchip. II. The Owner of a Cat shall obtain a one-year temporary licence for such Dog at such times and apply for a permanent license one year from the date of the temporary license in the manner as specified in section 3 of this bylaw. i) The Ownerof a Cat shall: j) Subject to the provisions of section 3(5)(c) obtain a licence for such Cat on the first day on which the Calmar Town Office is open for business after the Cat becomes three months of age; I. Obtain a licence on the first day on which the Calmar Town Office is open for business after he becomes Owner of the Cat; Obtain a licence for a Cat notwithstanding that it is under the age of three months where the Cat is found Running at Large; Obtain an annual licence for the Cat on the day specified by the Town Manager or designate each year. IV. VICIOUS CAT OR DOG LICENSING k) No person shall own or keep any Vicious Cat or Dog within the Town unless such Cat or Dog is licensed as provided in this Bylaw. I) The holder of a vicious Cat or Dog license must be eighteen (18) years of age m) The Owner of a Vicious Cat or Dog shall ensure that his Cat or Dog wears the current licence purchased for that Cat or Dog, when the Cat or Dog is off the property of the Owner. n) The Owner of a Vicious Cat or Dog shall obtain a one year temporary licence for such Dog at such times, and apply for a permanent license one year from the date of the temporary license in the manner as specified in section 3 of this bylaw. The Owner of a Vicious Cat or Dog shall: 0) Subject to the provisions of subsection 3(10)(c) obtain a licence for such Vicious Cat or Dog on the first day on which the Calmar Town Office is open for business after the Cat or Dog has been declared as vicious; Obtain a licence on the first day on which the Cat or Dog Services Centre is open for business after he becomes Owner of the Vicious Cat or Dog; Obtain an annual licence for the Vicious Cat or Dog on the day specified by the Town Manager or designate each year. LICENSING INFORMATION When applying for a licence under this Bylaw, the Owner shall provide the following: P) 5 A description of the Cat, Dog, or Vicious Cat or Dog including breed, name, gender and age; I. The name, address and telephone number of the Owner; Where the Owner is a corporate body, the name, address and telephone number of the natural person responsible for the Cat, Dog, or Vicious Cat or Dog; Information establishing that the Cat, Dog, or Vicious Cat or Dog, is neutered or spayed; IV. Any other information as a Bylaw Enforcement Officer may require; and V, The annual licence fee for each Cat, Dog, Vicious Cat or Dog or Nuisance Cat or Dog, as set out in the Fees and Charges Bylaw, VI. q) No person shall give false information when applying for a licence pursuant to this Bylaw, r) An Owner shall forthwith notify the Calmar Town Office of any change with respect to any information provided in an application for a licence under this Bylaw. 4. REPLACEMENT OF LOST LICENCE Upon losing a licence, an Owner of a licensed Cat or Dog shall present the receipt for payment of the current year's licence fee to a Bylaw Enforcement Officer, who will issue a new tag to the Owner for the fee set out in the Fees and Charges Bylaw. 5. NON-TRANSFERABLE A licence issued pursuant to this Bylaw is not transferable. 6. NO REBATE No person shall be entitled to a licence rebate under this Bylaw. 7, UNCERTIFIED CHEQUES a) Where a licence required pursuant to this Section has been paid for by the tender of an uncertified cheque the licence: is issued subject to the cheque being accepted and cashed by the bank without any mention of this condition being made on the licence; and is automatically revoked if the cheque is not accepted and cashed by the bank on which it is issued. 8. HANDICAPPED OWNERS Notwithstanding Section 3, where the Director, Town of Calmar Manager, or person(s) delegated by the Town Manager, is satisfied that a person who is handicapped is the Owner of a Dog trained and used to assist such handicapped person, there shall be no fee payable by the Owner for a licence under subsections 3(11 )(f). RESPONSIBILITIES OF OWNERS OF CATS OR DOGS RUNNING AT LARGE 9. The Owner of a Cat or Dog shall ensure that such Cat or Dog is not running at Large. 6 DOGS IN OFF LEASH AREAS 10. Notwithstanding Section 12, an Owner of a Dog is not required to have the Dog on a Leash in a Park or portion of a Park which has been designated as an "off Leash area" by the Director, Calmar Public Works. a) The Owner of a Dog in an "off Leash area" shall ensure that such Dog is under control at all times. b) A Bylaw Enforcement Officer may: c) Order that a Dog be put on a Leash; and I. Order that a Dog be removed from an off Leash area. d) Whether a Dog is under control is a question of fact to be determined by a Court hearing a prosecution pursuant to this Section of the Bylaw, having taken into consideration any or all of the following: Whether the Dog is at such a distance from its Owner so as to be incapable of responding to voice, sound or sight commands; Whether the Dog has responded to voice, sound or sight commands from the Owner; Whether the Dog has Bitten, Attacked, or done any act that injures a person or another Cat or Dog; Whether the Dog chased or otherwise threatened a person; IV. Whether the Dog caused damage to property. V. e) An Owner who fails to immediately restrain and remove the Dog upon it engaging in any of the activities listed in Section 11/12, by restraining the Dog on a Leash not exceeding two (2) metres in length and removing the Dog from the off Leash area, is guilty of an offence. f) Nothing in this Section relieves a person from complying with any other provisions of this Bylaw. CAT OR DOGS PROHIBITED IN OFF-LEASH AREAS No Owner of a Vicious Cat or Dog shall permit the Cat or Dog to be in an off-Leash area at any time. a) No person shall allow an animal other than a Dog to enter into or remain in an area that has been designated by the Director, Calmar Public Works as an "off Leash area". b) 12. DOGS IN PROHIBITED AREAS The Owner of a Dog shall ensure that such Dog does not enter or remain in or on: a) a School Ground, Playground, Sports Field, Golf Course, Cemetery, Wading or Swimming Area, or a Pathway; or any other area where Dogs are prohibited by posted signs. 7 I t b) The Owner of a Dog shall ensure that such Dog does not enter or remain in a Park, or any part thereof, where the Dog is within five (5) meters of a Play Structure, a Wading Pool or Swimming Area, a Sports Field, a Golf Course or a Cemetery. c) The Owner of a Dog shall ensure that such Dog does not enter or remain in a Park or any part of a Park or on a Pathway which has been designated by the Director, Calmar Public Works, as an area where Dogs are prohibited. d) Notwithstanding subsection 15(1) or 15(2), the Owner of a Dog may allow such Dog to pass along or across a Pathway, including a Pathway that runs through an area designated as an off-Leash area, only if such Dog: Is secured by a Leash of no greater length than two (2) metres; I. Remains on the right-hand side of the Pathway at all times unless moving around other Pathway users; and Remains under the Owner's control at all times ensuring that the Dog does not interfere with or obstruct any other Pathway user. e) Dogs Shall Not Obstruct Pathway Notwithstanding subsection 12(4)(a), in an off-Leash area that has been designated by the Director, Calmar Public Works, pursuant to section 10 of this Bylaw, as an area where Dogs are not required to be Leashed on Pathways, every Owner of a Dog shall ensure that such Dog does not sit or stand on a Pathway or otherwise obstruct or interfere with users of the Pathway. f) 13. SWIMMING IN PARKS PROHIBITED The Owner of a Cat or Dog shall ensure that such Cat or Dog does not enter or swim in any body of water within a Park, unless specifically allowed by the Director, Calmar Public Works. 14. UNATTENDED CAT OR DOGS a) The Owner of a Cat or Dog shall ensure that such Cat or Dog shall not be left unattended while tethered or tied on premises where the public has access, whether the access is express or implied. b) The Owner of a Cat or Dog shall ensure that such Cat or Dog shall not be left unsupervised while tethered or tied on private property. The Owner of a Cat or Dog left unattended in a motor vehicle shall ensure: c) The Cat or Dog is restrained in a manner that prevents contact between the Cat or Dog and any member of the public; and I. The Cat or Dog has suitable ventilation. d) The Owner of a Cat or Dog shall not leave a Cat or Dog unattended in a motor vehicle if the weather conditions are not suitable for containment of a Cat or Dog. 15. CYCLING WITH CAT OR DOGS When operating a bicycle or wheeled conveyance on a Pathway, no Person shall do so with any Cat or Dog on a Leash. a) 8 b) Subsection 19(1) shall not apply to persons operating a device designed for persons with disabilities. SECURING CAT OR DOGS IN VEHICLES 16. No person shall allow a Cat or Dog to be outside of the passenger cab of a motor vehicle on a roadway, regardless of whether the motor vehicle is moving or parked. a) Notwithstanding subsection 20(1), a person may allow a Cat or Dog to be outside the passenger cab of a motor vehicle, including riding in the back of a pick-up truck or flatbed truck If the Cat or Dog is: b) In a fully enclosed trailer; I. In a topper enclosing the bed area of a truck; Contained in a ventilated kennel or similar device securely fastened to the bed of the truck; or Securely tethered In such a manner that It is not standing on bare metal, cannot jump or be thrown from the vehicle. Is not in danger of strangulation, and cannot reach beyond the outside edges of the vehicle. IV. For the purpose of this Section, "roadway" means any street or highway, whether publicly or privately owned, any part of which the public is ordinarily entitled or permitted to use for the passage or Parking of vehicles. c) d) The Owner of a vehicle involved In an offence referred to in this Section is guilty of the offence, unless that vehicle Owner satisfies the Court that the vehicle was: Not being driven or was not parked by the Owner; and I. That the person driving or parking the vehicle at the time of the offence did so without the vehicle Owner's express or implied consent. CAT OR DOGS SUSPECTED OF HAVING COMMUNICABLE DISEASES 17. a) An Owner of a Cat or Dog suspected of having rabies shall immediately report the matter to The Canadian Food Inspection Agency and to the Town Manager, Calmar Town Office. An Owner of a Cat or Dog suspected of having rabies shall confine or isolate the Cat or Dog, in such a manner as prescribed so as to prevent further spread of the disease. b) An Owner of a Cat or Dog suspected of having rabies shall keep the Cat or Dog confined for not less than ten (10) days at the cost of the Owner. c) d) An Owner of a Cat or Dog that does not comply with the provisions of Section 17 shall be subject to a penalty as provided for in Section 44 of this Bylaw for each consecutive demand made by the Bylaw Enforcement Officer. In the event of an outbreak or threatened outbreak a communicable disease affecting Cats or Dogs, which may be transmitted to human beings. Council may by resolution, order and direct that all Cats or Dogs be confined entirely to the owner's premises. e) When an Cat or Dog under quarantine has been diagnosed as rabid or suspected by a licensed veterinarian as being affected by a communicable disease and dies while under observation, a Peace Officer shall immediately send the complete body of such Cat or Dog to the appropriate health department for pathological examination and shall notify the Medical Officer of Flealth for the Town of reports of human contact, and the diagnosis made of suspected Cat or Dog. f) 9 g) During such period of a communicable disease quarantine as herein mentioned, every Cat or Dog bitten by a Cat or Dog adjudged to be affected by said disease, shall forthwith be humanely euthanized, or at the Owner's expense an option shall be treat for the disease infection by a licensed veterinarian or held under quarantine by the Owner in the same manner as other Cats or Dogs are in quarantine. Except as herein provided, no person shall kill, or cause to be killed, any Cat or Dog, suspected of being exposed to a communicable disease or any Cat or Dog which has bitten a human, nor remove the same from the Town limits without written permission from a Peace Officer. h) i) The carcass of any dead Cat or Dog exposed to a communicable disease shall upon demand, be surrendered to a Peace Officer. (j) A Peace Officer shall direct the disposition of any Cat or Dog found to be infected with a communicable disease. 18. NUISANCES REMOVING EXCREMENT Owner, the Owner shall remove such feces immediately. a) b) If a Cat or Dog is on any public or private property other than the property of its Owner, the Owner shall have in his possession a suitable means of facilitating the removal of the Cat or Dog's feces. 19. NOISE The Owner of a Cat or Dog shall ensure that such Cat or Dog shall not bark, howl, or otherwise make or cause a noise or noises which disturbs any person. a) b) Whether any sound annoys or disturbs a Person, or otherwise constitutes objectionable noise, is a question of fact to be determined by the Town Peace Officer, The Town Manager or person(s) delegated by the Town Manager. 20. SCATTERING GARBAGE The Owner of a Cat or Dog shall ensure that such Cat or Dog shall not upset any waste receptacles or scatter the contents thereof either in or about a street, lane, or other public property or in or about premises not belonging to or in the possession of the Owner of the Cat or Dog. 21. THREATENING BEHAVIOURS The Owner of a Cat or Dog shall ensure that such Cat or Dog shall not: Bite, bark at, or chase stock, Cat or Dogs, bicycles, automobiles, or other vehicles; a) Chase or otherwise threaten a person or persons, whether on the property of the Owner or not, unless the person chased or threatened is a trespasser on the property of the Owner; b) Cause damage to property or other Cats or Dogs, whether on the property of the Owner or c) not; Do any act that injures a person or persons whether on the property of the Owner or not; d) 10 e) Bite a person or persons, whether on the property of the Owner or not; Attack a person or persons, whether on the property of the Owner or not; f) g) Attack a person or persons, whether on the property of the Owner or not, causing severe physical injury; or h) Cause death to another Cat or Dog. No Owner shall use or direct a Cat or Dog to attack, chase, harass or threaten a person or Cat or Dog. i) 22. VICIOUS CAT OR DOGS HEARINGS AND ORDERS a) The Owner of a Cat or Dog alleged to be a Vicious Cat or Dog shall be provided Notice of a Hearing for determination by the Provincial Court ten (10) clear days before the date of the Hearing. b) The Owner of a Cat or Dog alleged to be a Vicious Cat or Dog shall surrender the Cat or Dog to Town of Calmar Town Manager, Peace Officer or Town Designate, where the Cat or Dog shall be held pending the outcome of the Hearing and any Appeals. c) Upon hearing the evidence, the Justice shall make an order in a summary way declaring the Cat or Dog as a Vicious Cat or Dog if in the opinion of the Justice: the Cat or Dog has caused severe physical injury to a person, whether on public or private property; or I. the Cat or Dog has, while off its Owner's property, caused the death of a Cat or Dog. Upon hearing the evidence, the Justice may make an order declaring the Cat or Dog as a Vicious Cat or Dog or ordering the Cat or Dog destroyed, or both, if in the opinion of the Justice the Cat or Dog is likely to cause serious damage or injury, taking into account the following factors: d) whether the Cat or Dog has chased any person or Cat or Dog; I. whether the Cat or Dog has attempted to bite, or has bitten any person or Cat or Dog; whether the Cat or Dog has Wounded, Attacked or Injured any person or Cat or Dog; the circumstances surrounding any previous Biting, Attacking, or Wounding incidents; and IV. whether the Cat or Dog, when unprovoked, has shown a tendency to pursue, chase or approach in a menacing fashion, persons upon the street, sidewalk or any public or private property. V. The order of a Justice declaring a Cat or Dog vicious shall embody all of the requirements of this bylaw. A Vicious Cat or Dog order pursuant to this Bylaw continues to apply if the Cat or Dog is sold, given or transferred to a new Owner. e) A Vicious Cat or Dog order pursuant to this Bylaw continues to apply if the Cat or Dog is sold, given or transferred to a new Owner. f) 11 23. REGULATIONS Prior to a license being issued, the Owner of a Vicious Cat or Dog shall within ten (10) days after the Cat or Dog has been declared vicious: Have a licensed veterinarian tattoo or implant an electronic identification microchip in the Cat or Dog; a) Provide the information contained on the tattoo or in the microchip to the Town Manager, Town Peace Cfficer, or Town Designate; and b) If the Cat or Dog is in an unaltered state, have the Cat or Dog neutered or spayed. c) The Cwner of a Vicious Cat or Dog shall: d) Notify the Town Manager, Town Peace Cfficer, or Town Designate should the Cat or Dog be sold, gifted, or transferred to another person or die; Remain liable for the actions of the Cat or Dog until formal notification of sale, gift or transfer is given to the Town Manager, Town Peace Cfficer, or Town Designate The Cwner of a Vicious Cat or Dog shall ensure that such Cat or Dog does not: e) Chase a person or other Cats or Dogs; I. Injure a person or other Cats or Dogs; Bite a person or other Cats or Dogs; or Attack a person or other Cats or Dogs. IV. The Cwner of a Vicious Cat or Dog shall ensure that such Cat or Dog does not damage or destroy public or private property. f) The Cwner of a Vicious Cat or Dog shall ensure that such Cat or Dog is not Running at Large. g) The Cwner of a Vicious Cat or Dog shall notify the Calmar Town Cffice if the Cat or Dog is Running at Large. h) The Cwner of a Vicious Cat or Dog shall ensure that when such Cat or Dog is on the property of the Cwner such Cat or Dog is: i) Confined indoors and under the control of a person over the age of eighteen (18) years; I. When such Cat or Dog is outdoors such Cat or Dog is: In a locked pen or other structure, constructed pursuant to Section 22 in order to prevent the escape of the Vicious Cat or Dog and capable of preventing the entry of any person not in control of the Cat or Dog; or 1. 1.1. Securely Muzzled, and under the control of a person over the age of eighteen (18) years by means of a Leash not exceeding one (1) metre in length in a manner that prevents it from chasing, injuring or biting other Cats 12 5 C. or Dogs or humans as well as preventing damage to public or private property. j) The Owner of a Vicious Cat or Dog shall ensure that at all times, when off the property of the Owner, such Cat or Dog is securely: Muzzled; and I. Harnessed or Leashed on a lead which length shall not exceed one (1) metre in a manner that prevents it from chasing, injuring or biting other Cats or Dogs or humans as well as preventing damage to public or private property; and Under the control of a person over the age of eighteen (18) years. The Owner of a Vicious Cat or Dog shall ensure that the locked pen or other structure: k) Shall have secure sides and a 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 thirty (30) centimeters; I. Shall provide the Vicious Cat or Dog with shelter from the elements; Shall be of the minimum dimensions of one and one-half (1.5) metres by three (3) metres and be a minimum one and one-half (1.5) metres in height; and Shall not be within one (1) metre of the property line or within five (5) metres of a neighbouring dwelling unit. IV. I) The Cwner of a Vicious Cat or Dog shall, within 10 days of the date of the order declaring the Cat or Dog to be vicious, display a sign on his premises warning of the presence of the Cat or Dog in the form illustrated in Schedule "D". m) A sign required by this bylaw shall be placed at each entrance to the premises where the Cat or Dog is kept and on the pen or other structure in which the Cat or Dog is confined. n) A sign required by this bylaw shall be posted to be clearly visible and capable of being seen by any person accessing the premises. 24. NUISANCE CATS OR DOGS The Town Manager or Town Peace Officer, may declare a Cat or Dog to be a Nuisance Cat or Dog. a) b) The declaration of a Cat or Dog as a Nuisance Cat or Dog shall be reviewed annually by the Town Manager or the Town Peace Officer. CAT OR DOG CONTROL OPERATIONS SEIZURE 25. A Bylaw Enforcement Officer or a Peace Officer may capture and impound any Cat or Dog or Vicious Cat or Dog: a) Found Running at Large; Which has bitten, or is alleged to have bitten a person or Cat or Dog, pending the outcome of an application to declare the Cat or Dog to be a Vicious Cat or Dog or to destroy the Cat or Dog; or 13 Which is required to be impounded pursuant to the provisions of any Statute of Canada or of the Province of Alberta, or any Regulation made thereunder. b) A Bylaw Enforcement Officer or a Peace Officer may capture and impound any cat Running at Large with respect to which a complaint under this Bylaw has been made. Notwithstanding Section 25, Subsection 2, a warning will be issued every licensing period. c) 26. NOTIFICATION A person who takes control of any stray Dog or Cat, or Vicious Cat or Dog, shall forthwith notify the Town Manager or a Bylaw Enforcement Officer and provide any required information. a) A person who takes control of any stray Dog or Cat, or Vicious Cat or Dog shall forthwith surrender the Cat or Dog to the Town Pound or a Bylaw Enforcement Officer. b) If a Bylaw Enforcement Officer knows or can ascertain the name of the Owner of any impounded Cat or Dog, he shall serve the Owner with a copy of the Notice in Schedule "A" of this Bylaw, either personally or by leaving it, or by mailing it to the last known address of the Owner. c) An Owner of a Cat or Dog to whom a Notice is mailed pursuant to section 26 is deemed to have received a Notice within forty-eight (48) hours from the time it is mailed. d) 27. OBSTRUCTION AND INTERFERENCE a) No person, whether or not that person is the Owner of a Cat or Dog or Vicious Cat or Dog which is being or has been pursued or captured shall: Interfere with or attempt to obstruct a Bylaw Enforcement Officer or a Peace Officer who is attempting to capture or who has captured a Cat or Dog which is subject to impoundment or seizure; I. Open the vehicle in which Cat or Dogs have been captured for impoundment or seizure; Remove, or attempt to remove any Cat or Dog from the possession of a Bylaw Enforcement Officer or a Peace Officer. b) No person shall: Untie, loosen or otherwise free a Cat or Dog which has been tied or otherwise restrained; I. Negligently or willfully open a gate, door or other opening in a fence or enclosure in which a Cat or Dog has been confined and thereby allow an Cat or Dog to run at large in the town; Entice a Cat or Dog to run at large; Tease a Cat or Dog caught in an enclosed space; IV. Throw or poke any object into an enclosed space when a Cat or Dog is caught or confined therein. V. 14 %L c), Section 39 shall not apply to a Bylaw Enforcement Officer or a Peace Officer who is attempting to capture or who has captured a Cat or Dog which is subject to impoundment or seizure pursuant to this Bylaw. 28, RECLAIMING The Owner of any impounded Cat or Dog or Vicious Cat or Dog may reclaim the Cat or Dog or Vicious Cat or Dog by: a) paying to a Bylaw Enforcement Officer the costs of impoundment as set out in Fees and Charges Bylaw; and I. where a licence is required under this Bylaw, obtaining the licence for such Cat or Dog or Vicious Cat or Dog. b) Where a Cat or Dog or Vicious Cat or Dog is claimed, the Owner shall provide proof of Ownership of the Cat or Dog, 29. INSPECTIONS Subject to the entry notice provisions of the Municipal Government Act, R.S.A. 2000 c.M-26, a designated officer of the Town, bearing proper identification, may enter a premises to conduct an inspection in order to determine whether or not this Bylaw or an order issued pursuant to this Bylaw is being complied with. a) No person shall interfere with or attempt to obstruct a Bylaw Enforcement Cfficer or a Peace Cfficer who is attempting to conduct an inspection pursuant to Section 43, b) The Town Manager or Town Peace Cfficer may: Receive Cat or Dogs into protective care pursuant to fire, flood, or other reasons; I. Retain the Cat or Dogs temporarily; Charge the Cwner fees pursuant to the Fees and Charges Bylaw for costs of impoundment; and At the end of the protective care period, if no other arrangements are made between the Cwner and Town Manager or Town Peace Cfficer, treat such Cat or Dogs as impounded Cat or Dogs. IV. The Town Manager or Town Peace Cfficer, may offer for sale, euthanize, or otherwise dispose of all unclaimed Cats or Dogs which have been received at the Town Pound. c) The Town Manager or Town Peace Cfficer, shall not sell, euthanize, or otherwise dispose of an impounded Cat or Dog or Vicious Cat or Dog until a Cat or Dog is retained in the Town Pound for: d) Seven (7) days after the Cwner has received notice or is deemed by Section 26(4) to have received notice that the Cat or Dog is in the Town Pound; or seventy-two (72) hours, if the name and address of the Cwner is not known. The Town Manager or Town Peace Cfficer, may retain a Cat or Dog for a longer period if in his opinion the circumstances warrant the expense or he has reasonable grounds to believe that the Cat or Dog is a continued danger to persons. Cat or Dogs, or property. 15 ^ S',r. 30. REQUIRE SPAY/NEUTER The Town Manager or Town Peace Officer may, before selling an unclaimed Cat or Dog, require that the Cat or Dog be spayed or neutered. 31. FEE FOR EUTHANIZING When the Town Manager or Town Peace Officer agrees to euthanize a Cat or Dog the Owner shall pay to the Town Peace Officer or designate, a fee as set out in the Fees and Charges Bylaw. 32. FULL RIGHT AND TITLE The purchaser of a Cat or Dog from the Town of Calmar pursuant to the provisions of this Bylaw shall obtain full right and title to It and the right and title of the Former Owner of the Cat or Dog shall cease thereupon. 33. OFFENCES AND PENALTIES LICENSED OWNER If a Cat or Dog is involved In a contravention of this Bylaw, the Owner of that Cat or Dog is guilty of an offence. 34. GENERAL PENALTY PROVISIONS Every Owner of a Cat or Dog who contravenes any of the provisions of this Bylaw by: a) Doing any act or thing which the person is prohibited from doing, or I. Failing to do any act or thing the person is required to do, is guilty of an offence. Any person who is convicted of an offence pursuant to this Bylaw Is liable on summary conviction to a fine not exceeding $10,000.00, and in default of payment of any fine imposed, to imprisonment for not more than six (6) months. b) 35. VIOLATION TICKETS AND PENALTIES Where a Bylaw Enforcement Officer or a Peace Officer believes that a person has contravened any provision of this Bylaw, he may commence proceedings by issuing a summons by means of a violation ticket in accordance with Part 2 of the Provincial Offences Procedure Act, R.S.A. 2000, c.P-34. a) The specified penalty payable In respect of a contravention of a provision of this Bylaw is the amount shown in Schedule "B" of this Bylaw in respect of that provision. b) The minimum penalty payable In respect of a contravention of a provision of this Bylaw Is the amount shown in Schedule "B" of this Bylaw In respect of that provision. c) Notwithstanding subsection 50(2): d) Where any person has been convicted of a contravention of the same provision of this Bylaw twice within one twelve month period, the specified penalty payable In respect of the second conviction is double the amount shown in Schedule "B" of this Bylaw In respect of that provision. Where any person has been convicted of a contravention of the same provision of this Bylaw three or more times within one twelve month period, the specified penalty payable in respect of the third or subsequent conviction is triple the amount shown in Schedule "B" of this Bylaw in respect of that provision. 16 e) Notwithstanding subsection 44(3): Where any person has been convicted of a contravention of the same provision of this Bylaw twice within one twelve month period, the minimum penalty payable in respect of the second conviction is double the amount shown in Schedule "B" of this Bylaw in respect of that provision, and I. Where any person has been convicted of a contravention of the same provision of this Bylaw three or more times within one twelve month period, the minimum penalty payable in respect of the third or subsequent conviction is triple the amount shown in Schedule "B" of this Bylaw in respect of that provision. Notwithstanding Subsections 44(2) and 44(4), if a Cat or Dog has been declared to be a Nuisance Cat or Dog, and where, subsequent to the declaration, any person is convicted of a contravention of any provision of this Bylaw in respect of that Cat or Dog, the specified penalty payable in respect of the conviction is double the amount shown in Schedule "B" of this Bylaw is respect of that provision. f) g) Notwithstanding Subsections 44(3) and 44(5), if an Cat or Dog has been declared to be a Nuisance Cat or Dog, and where, subsequent to the declaration, any person is convicted of a contravention of any provision of this Bylaw in respect of that Cat or Dog, the minimum penalty payable in respect of the conviction is double the amount shown in Schedule "B" of this Bylaw is respect of that provision. 36. VICIOUS CAT OR DOG FINES Subsections 44(2), (3), (4) and (5) do not apply to Vicious Cats or Dogs. a) b) The minimum fines on summary conviction in respect to a contravention of this Bylaw with respect to Vicious Cats or Dogs shall be the same amounts as shown in Schedule "C" regarding Vicious Cats or Dogs. 37. CONTINUING OFFENCES In the case of an offence that is of a continuing nature, a contravention constitutes a separate offence in respect of each day, or part of a day, on which the offence continues and any person guilty of such an offence is liable to a fine in an amount not less than that established by this Bylaw for each such day. 38. MANDATORY COURT OR INFORMATION This Section shall not prevent any Officer from issuing a violation ticket requiring the court appearance of the defendant, pursuant to the provisions of the Provincial Offences Procedure Act, R.^A. 2000, c.P-34, or from laying an information instead of issuing a violation ticket. 39. LIABILITY FOR FEES The levying and payment of any fine or the imprisonment for any period provided in this Bylaw 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. 17 VC 40. ORDERS BY A JUSTICE A Justice, after convicting an Owner of an offence under this Bylaw may, if the Justice considers the offence sufficiently serious, direct, order, or declare one or more of the following: a) That the Owner prevent the Cat or Dog from doing mischief or causing the disturbance or nuisance complained of; I. That the Cat or Dog is a Vicious Cat or Dog; That the Cat or Dog be destroyed; or That the Owner be prohibited from owning any Cat or Dog for a specified period of time. IV. 41. PROOF OF LICENCE a) The onus of proving a person has a valid and subsisting licence is on the person alleging the licence. b) The onus of proving the age of a Cat or Dog is on the person alleging the age. 42. CERTIFIED COPY OF RECORDS A copy of a record of the Town, certified by the Town Manager or Town Peace Officer, as a true copy of the original, shall be admitted in evidence as prima facie proof of the facts stated in the record without proof of the appointment or signature of the person signing it. 43. VALIDITY OF EXISTING LICENCES An existing licence issued under 2018-11, the Cat or Dog Control Bylaw, remains valid until the term of such licence expires. 44. PENALTIES AND ENFORCEMENT a) Any person violating a provision of this Bylaw is liable to the specified penalty set out in schedule "B", herein or on summary conviction to a fine not exceeding Two Thousand Dollars ($2000.00) and/or imprisonment for not more than six (6) months. b) It is the intention of the Town Council that each separate provision of this Bylaw shall be deemed independent of all other provisions, and it is further the intention of the Town Council that if any provisions of this Bylaw be declared invalid, all other provisions shall remain valid and enforceable. A Peace Cfficer is hereby authorized to issue a Municipal Violation Tag or a Violation Ticket with a specified penalty pursuant to the Provincial Cffences Procedure Act, S.A. 1997, c. P- 21.5, as amended, and regulations thereunder, for any contravention made under this Bylaw. c) d) Nothing in this Bylaw shall prevent a Peace Officer from immediately laying an information or issuing a Violation Ticket for the mandatory Court appearance of any person who contravenes any provision of this Bylaw. 18 iL. JL 45. EFFECTIVE DATE This Bylaw comes into force on the day it is given final reading and further that Bylaw # 2020-18 Is rescinded. READ FIRST TIME THIS 06 DAY OF FEBRUARY 2023. READ A SECOND TIME THIS 06 DAY OF FEBRUARY 2023. READ A THIRD TIME, BY UNANIMOUS CONSENT, THIS 06 DAY OF FEBRUARY 2023 Mayor Carnahan CAO Losier 19 SCHEDULE "A' FORM OF NOTICE OF CAT OR DOG SEIZURE You are hereby notified that a Cat or Dog bearing License No._ registered under the above name and address, was impounded on the provisions of Bylaw No. claimed and all impoundment charges are paid, on or before Dog will be sold, destroyed or otherwise disposed of pursuant to the said Bylaw. for 20 A.D. 20. pursuant to of the Town of Calmar, and that, unless the said Cat or Dog is the said Cat or 20 TC, 20 SCHEDULE"B OFFENCE PENALTIES SECTION OFFENCE MINIIVIUM PENALTY SPECIFIED PENALTY 3(a) Unlicensed Dog $ 100.00 3(c) Dog not wearing licence $ 50.00 3(h)(i) Unlicensed Cat $250.00 3(h)(ii) Cat not wearing licence or identification $ 200.00 3(q) Give false information when applying for licence $ 300.00 9 Dog running at Large $ 100.00 9 Cat running at large $ 200.00 10(b) Dog not under control at off Leash area $ 100.00 10(d) Fail to restrain/remove Dog from off Leash area $ 200.00 14(b) Species other than Cat or Dog in off Leash area $ 500.00 12(a)(b)(c) Dog in prohibited area $ 150.00 12(d)(i) Dog Leash inappropriate length $ 100.00 12(d)(ii) Dog not on right side of Pathway $ 50.00 12(d)(iii) Dog not under control on Pathway $ 100.00 12(e) Dog obstruct or interfere with use of Pathway $ 50.00 13(a) Cat or Dog in water where prohibited $ 100.00 14(a) Leave Cat or Dog unattended while tethered in a public place $ 150.00 15(a) Cycle with cat or dog on leash $150,00 16(a) Leave Cat or Dog unattended while tethered in a public place $ 150.00 17 fail to comply with Section 17 18(a) Fail to remove Cat or Dog feces $ 2000.00 18(b) No suitable means to remove feces $ 150.00 19 Fail to ensure Cat or dog does not make noise $200.00 20 Cat or Dog scatter garbage $ 100.00 21(a) Bite, bark at, or chase stock. Cats or Dogs, bicycles or vehicles $ 200.00 21(b) Chase or threaten a person $ 200.00 21(c) Cause damage to property or other Cat or Dog $ 200.00 21 21(d) Cat or Dog injure a person $ 300.00 21(e) Cat or Dog Bite a person $ 350.00 21 (f) Cat or Dog Attack a person $ 750.00 21 (g) Cat or Dog Attack a person causing Severe Injury $1,500.00 21 (h) Cause death to Cat or Dog $1,000,00 21 (i) Direct Cat or Dog to attack, chase, harass or threaten a person or Cat or Dog $ 500.00 22 Fail to comply with section 22 $1000.00 17(b) Leave Cat or Dog unsupervised while tethered on private property $ 50.00 19 Dog on Leash while operating wheeled conveyance on Pathway $ 50.00 20(a) Cat or Dog outside cab of vehicle $ 100.00 21 (a) Fail to report suspected case of rabies $ 500.00 21 (b) Fail to confine Cat or Dog suspected of having rabies $ 500.00 21(c) Fail to confine Cat or Dog suspected of having rabies for 10 days $ 500.00 23(a) Cat or Dog disturbing the peace $ 100.00 26(a) Horse in prohibited area $ 100.00 27 Keep Livestock in prohibited area $ 200.00 39(a)(i) Obstruct or interfere with officer $ 500.00 39(a)(ii) Open van or vehicle $ 500.00 39(a)(iii) Remove or attempt to remove impounded Cat or Dog $ 500.00 39(b)(i) Untie, loosen, or free restrained Cat or Dog $ 200.00 39(b)(ii) Open gate, door or opening allowing Cat or Dog to run at large $ 200.00 39(b)(ili) Entice a Cat or Dog to run at large $ 250.00 39(b)(iv) Tease a Cat or Dog in an enclosure $ 200.00 39(b)(ev) Throw or poke at Cat or Dog in an enclosure $ 200.00 22 ^ iL SCHEDULE"C VICIOUS CAT OR DOG PENALTIES SECTION OFFENCE MINIMUM PENALTY SPECIFIED PENALTY 5(a) Unlicensed Vicious Cat or Dog $ 500.00 5(b) Vicious Cat or Dog not wearing licence $ 200 14(a) Vicious Cat or Dog in off Leash area $ 1,500.00 23(a) Fail to tattoo or implant Vicious Cat or Dog with microchip $1,500.00 23(b) Fall to provide tattoo / information to town $500.00 23(c) Fail to spay neuter cat or dog $1500.00 23(d)(1) Fall to notify Cat or Dog Services Centre of sale, gift, transfer or death of Vicious Cat or Dog $250.00 23(e)(1) Vicious Cat or Dog - Chase, injure. Bite or Attack a person or Cat or Dog $2000.00 23(e)(ii) Vicious Cat or Dog injure person or other cat or dogs $2500.00 23(e)(iii) Bite person or other cat or dog $2000.00 23(e)(iv) Attack a person or other cat or dog $2000.00 23(f) vicious Cat or Dog destroy property $500.00 23(g) Vicious Cat or Dog - Running at Large $1,500.00 23(h) Fail to notify town vicious cat or dog running at large $1000.00 23(l)(l) Fail to keep Vicious Cat or Dog confined indoors and under control of an adult person $1,500.00 23(i)(li)(1.) Fall to keep a Vicious Cat or Dog confined $1,500.00 23(i)(ii)(1.1.), or23(j) Fail to keep a Vicious Cat or Dog Muzzled, harnessed or Leashed properly $1,500.00 23(k) Improper pen or structure for Vicious Cat or Dog $1,500.00 23(1) Fail to post Vicious Cat or Dog sign $1,000.00 $1,500. 23 u, SCHEDULE"D" VICIOUS ANIMAL SIGN Form required for a Vicious Animal sign pursuant to the Bylaw, similar to below. 24