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TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1696
ANIMAL BYLAW
TOWN OF CARDSTON
BYLAW 1696
PAGE 1 OF 21
Table of Contents
PART I - TITLE, PURPOSE, DEFINITIONS AND INTERPRETATION ............. 2
TITLE ....................................................................................................................... 2
PURPOSE ................................................................................................................ 2
DEFINITIONS ........................................................................................................... 2
RULES FOR INTERPRETATION ............................................................................... 6
PART II - GENERAL .................................................................................. 6
LICENSING PROVISIONS AND OFFENCES ............................................................. 6
LICENSING REQUIREMENTS FOR AGGRESSIVE DOGS ........................................ 7
DESIGNATION OF AGGRESSIVE DOG .................................................................... 8
APPEAL OF AGGRESSIVE DOG DESIGNATION ...................................................... 8
GENERAL PROVISIONS .......................................................................................... 9
OFFENCES APPLICABLE TO WILDLIFE AND PROHIBITED ANIMALS .................... 10
KEEPING OF LIVESTOCK ANIMALS ....................................................................... 11
OFFENCES APPLICABLE TO THE OWNER OF AN AGGRESSIVE DOG .................. 13
OFFENCES RELATING TO DOGS EXHIBITING THREATENING BEHAVIOUR,
BITING, OR ATTACKING ......................................................................................... 14
INTERFERENCE WITH AN OFFICER ....................................................................... 15
IMPOUNDING AND SEIZURE OF ANIMALS ............................................................. 15
FANCIER'S LICENSE ............................................................................................... 17
KENNELS ................................................................................................................ 18
PENALTIES .............................................................................................................. 19
SUMMARY CONVICTION ......................................................................................... 19
EXEMPTIONS .......................................................................................................... 20
PROOF OF LICENSING AND AGE OF ANIMAL ........................................................ 20
EFFECTIVE DATE ................................................................................................... 20
REPEAL ................................................................................................................... 20
TOWN OF CARDSTON
BYLAW 1696
PAGE 2 OF 21
TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1696
ANIMAL BYLAW
A BYLAW OF THE TOWN OF CARDSTON IN THE PROVINCE OF ALBERTA TO PROVIDE FOR
THE LICENSING OF DOMESTIC ANIMALS AND THE RESPONSIBLE OWNERSHIP OF
DOMESTIC ANIMALS.
WHEREAS, THE Council of the Town of Cardston deems it desirable to pass such as Bylaw.
follows:
PART I - TITLE, PURPOSE, DEFINITIONS AND
INTERPRETATION
TITLE
1. This bylaw shall be known as the "Animal Bylaw" of the Town
of Cardston.
PURPOSE
2. The Purpose of this Bylaw is to regulate the responsible
ownership of Domestic Animals, within the Municipality of the
Town of Cardston.
DEFINITIONS
3. In this bylaw:
(3.1) Altered, shall mean neutered or spayed.
(3.2) Aggressive Dog shall mean any dog that:
3.2.1. Has been designated an Aggressive Dog;
3.2.2. Has been made the subject of an Order under the
Dangerous Dogs Act of Alberta RSA 2000;
3.2.3. Or has been designated an Aggressive Dog by the
Chief Administrative Officer or Designated
Officer of the Town of Cardston, pursuant to this
Bylaw.
(3.3) Animal, shall mean either a Domestic Animal,
Livestock Animal, or Wildlife.
(3.4) Animal Control Officer, shall mean a person employed
by or under contract with the Town of Cardston or a
TOWN OF CARDSTON
BYLAW 1696
PAGE 3 OF 21
person under contract between the Town and its
contractor to enforce the provisions of this bylaw, and
shall include any Peace Officer designated by the
Province of Alberta and any Member of the RCMP.
(3.5) Animal Shelter shall mean any facility determined by
the Town of Cardston for the safe keeping and holding
of impounded or seized animals as set out in this bylaw.
(3.6) Assistance Dog shall mean any professionally trained
Dog, including a guide, hearing or service dog, that
works in partnership with a disabled person to increase
his/her independence, safety, and mobility.
(3.7) Attack shall mean an assault by an Animal upon a
person or other Animal consisting of more than one Bite
and which causes injury to that person or another
Animal.
(3.8) Bite shall mean an application of force by an animal by
means of his mouth and teeth upon a person or another
Animal which results in pain or injury of any nature
being inflicted upon that person or other Animal.
(3.9) Cat shall mean either male or female of the feline
family.
(3.10) Dog shall mean either male or female of the canine
family.
(3.11) Domestic Animal shall mean either a male or female
Cat or Dog.
(3.12) Fancier's License shall mean a license issued annually
to an owner permitting the keeping or harboring of
more than 2 of the same domestic animal, on land or
premises occupied by the owner. Justice shall be as
defined in the Provincial Offices and Procedure Act,
R.S.A. 2000, c P-34 and amendments thereto.
(3.13) Kennel shall mean a house, shelter, room, or place
located in a properly zoned area (according to the Towns
Land Use Bylaw) where more than 3 Dogs and/or Cats
of whatever age or sex are kept or boarded.
(3.14) Leash shall mean a restraint that maintains Owner
TOWN OF CARDSTON
BYLAW 1696
PAGE 4 OF 21
control of an Animal or Aggressive Dog, is not more
than two (2) meters in length, and is made of material
capable of restraining the Animal or Aggressive Dog on
which it is being used. E-collars or any other devices
that are not a physical tether to the dog are not
considered a means of maintaining owner control of an
animal and are not considered to be a leash.
(3.15) License or Tag shall mean a license issued by the Town
of Cardston to an Owner upon payment of the required
fee for each Animal or Aggressive Dog they own,
indicating the year for which the fee has been paid, and
which is assigned a number recorded by the Town.
(3.16) Livestock Animal shall mean any animal normally kept
for an Agricultural purpose, including, but not limited
to: horses, donkeys, mules, cattle, pigs, goats, sheep,
poultry, ducks, geese, doves, alpaca, and other domestic
livestock animals.
(3.17) Motor Vehicle shall be as defined in the Traffic Safety
Act, RSA 2000, c T-6, as amended.
(3.18) Municipal Ticket shall mean a municipal ticket issued
on behalf of the Town of Cardston for a violation under
this Bylaw.
(3.19) Muzzle shall mean a device of sufficient strength placed
over an Animal's or Aggressive Dog's mouth to prevent
it from biting.
(3.20) Nuisance Dog or Animal shall mean in the opinion of
the capturing officer an animal they consider to be a
nuisance for any reason including but not limited to the
time spent capturing or attempting to capture an animal,
or the frequency of an animal being the subject of a
complaint.
(3.21) Officer includes an Animal Control Officer, Bylaw
Enforcement Officer, Peace Officer, or a Member of the
Royal Canadian Mounted Police.
(3.22) Off Leash Area shall mean an area designated by the
Town of Cardston, where Dogs are permitted to run off-
leash, or areas where organized and controlled Animal
TOWN OF CARDSTON
BYLAW 1696
PAGE 5 OF 21
events approved by the Town are held which have
posted signs designating the area to be a temporary Off
Leash Area.
(3.23) Owner includes an person, partnership, association, or
corporations:
3.23.1. Owning, possessing, having charge of, or
control over, any Animal, either temporarily or
permanently;
3.23.2. Harbouring any Animal for more than 72
consecutive hours;
3.23.3. Sheltering or feeding any Animal while
allowing the Animal to remain on his/her
premises for more than 72 consecutive hours;
3.23.4. Any person to whom a license has been issued
under this Bylaw.
(3.24) Park land shall mean all recreational land areas owned
or controlled by and lying within the Town limits.
(3.25) Running at large shall mean any Animal off the
premises of the Owner and not on a leash held by a
person able to control the Animal.
(3.26) Severe Injury shall mean any injury that required
medical attention, excepting wound cleaning and first
aid, which does not require professional medical care
and includes; wounds requiring sutures or surgery,
disfiguring or scarring lacerations, broken bones, severe
sprains or any other similar injury.
(3.27) Service Dog shall mean the same as Assistance Dog.
(3.28) Therapeutic shall mean being under the supervision of
a qualified health care professional for the treatment of
patients.
(3.29) Threatening Behaviour shall mean behaviour that
creates reasonable apprehension of a threat of harm and
may include growling, lunging, snarling, charging, or
chasing.
(3.30) Unaltered shall mean not neutered or spayed.
TOWN OF CARDSTON
BYLAW 1696
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(3.31) Wildlife shall mean all wildlife as defined in the
Wildlife Act, or as designated in the regulations thereto,
and includes, but not limited to, big game, birds of prey,
song birds, endangered animals, migratory birds, or any
other animal not normally kept in captivity.
RULES FOR
INTERPRETATION
4. The table of contents, marginal notes and headings in this bylaw
are for reference purposes only.
PART II - GENERAL
LICENSING
PROVISIONS AND
OFFENCES
5. Every person, who owns, keeps, or harbours a Domestic Animal
or Aggressive Dog, which is six (6) months of age, or older
shall pay to the Town of Cardston a yearly licence fee as set out
in Appendix "A" of this Bylaw;
(5.1) Upon payment of the current yearly fee, the Town or its
Designate shall issue a License and a Tag with a number
and year on it to the Owner;
(5.2) The Tag shall be securely attached to a collar which shall
be worn by the Domestic Animal or Aggressive Dog,
while off the property of the owner;
(5.3) If a Tag is lost or destroyed, the Owner shall apply for a
replacement, which shall be issued upon payment of the
specified fee as outlined in Appendix "A" of this Bylaw;
(5.4) A Tag is not transferable from one Domestic Animal to
another, or one Aggressive Dog to another, and no refund
will be made for any issued Tag;
(5.5) Every person who fails to purchase a License, for any
Domestic Animal or Aggressive Dog they own, on or
before the 31st day of March in any year, shall be guilty
of an offence and subject to penalties as set out in
Appendix "B" of this Bylaw;
5.5.1. Dog owners issued a warning to purchase a
license will be granted fourteen (14) days to
comply excepting when a dog has been
impounded. Impounded dogs shall be required to
be licensed before being released to the owner.
TOWN OF CARDSTON
BYLAW 1696
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(5.6) A person is required to obtain a License no more than
thirty (30) days after obtaining permanent residence
within the Town, or has been visiting the Town for more
than thirty (30) consecutive days;
(5.7) Section 5 of this Bylaw does not include horses, sheep,
goats, donkeys, cattle, pigs, or other animals normally
kept in an agricultural setting;
(5.8) Section 5 of this Bylaw does not apply to any Police
Working Dog;
(5.9) The Owner of an Assistance Dog, will be issued a
License and Tag free of charge.
LICENSING
REQUIREMENTS
FOR AGGRESSIVE
DOGS
6. The Owner of a Dog that had been designated as an Aggressive
Dog shall apply for an Aggressive Dog License or Tag
immediately upon becoming the Owner of an Aggressive Dog
or within seven (7) days after the Dog has been designated as
Aggressive, whichever occurs first, and prior to March 31 of
each subsequent year as set out in Appendix "A".
7. An Aggressive Dog License or Tag shall be issued to the Owner
of an Aggressive Dog provided that the owner has:
(7.1) Completed a License application in the form specified by
the Town;
(7.2) Paid the specified annual fee; and
(7.3) Provided proof of a locked pen or structure that:
7.3.1. Has a secure top and sides, and if it has no bottom
secured to the sides, must be embedded in the
ground to a minimum depth of thirty (30)
centimeters;
7.3.2. Provides adequate shelter from the elements;
7.3.3. Has minimum dimensions of one and one half
(1.5) meters by three (3) meters and is a minimum
one and one half (1.5) meters in height; and
7.3.4. Is not within one (1) meter of the property line or
within five (5) meters of a neighbouring dwelling
unit.
TOWN OF CARDSTON
BYLAW 1696
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DESIGNATION OF
AGGRESSIVE
DOG
8. An Officer may submit a report to the Town of Cardston Chief
Administrative Officer, alleging that a Dog is an Aggressive
Dog.
9. The report shall be in the form as specified from time to time
and shall include the following information;
(9.1) The full names, addresses, and telephone numbers of the
following persons;
9.1.1. The complainant;
9.1.2. The owner of the alleged Aggressive Dog; and
9.1.3. Any witnesses to the incident that prompted
the report, investigation or allegation of an
Aggressive Dog.
(9.2) A detailed description of the incident that prompted the
report, investigation, or allegation of an Aggressive Dog
(9.3) The severity of the incident that prompted the report,
investigation, or allegation of an Aggressive Dog.
(9.4) A previous incident of a similar or related nature
involving the alleged Aggressive Dog.
10. The Chief Administrative Officer or the Peace Officer may
designate a Dog as an Aggressive Dog if he/she determines that
the Dog has caused, or is likely to cause, damage, injury, or
death to an Animal, or a Person.
(Amended by 1696A)
11. Notice of an Aggressive Dog designation shall be hand
delivered to the Owner of the Aggressive Dog. Notice is
required to be provided to the Town if an Aggressive Dog is
sold, gifted, or transferred.
12. An Aggressive dog designation continues to apply if the
Aggressive Dog is sold, gifted, or transferred.
13. Any Aggressive / Dangerous Dog designations from another
municipality shall remain in effect if the dog relocates to the
municipality.
APPEAL OF
AGGRESSIVE
14. When a Dog has been designated as an Aggressive Dog, within
ten (10) days after delivery of the notice to the Owner, the
TOWN OF CARDSTON
BYLAW 1696
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DOG
DESIGNATION
Owner may appeal the designation to Council.
(14.1) On hearing the appeal, Council may revoke or confirm
the Aggressive Dog designation.
GENERAL
PROVISIONS
15. The owner of a Domestic Animal is guilty of an offence if in the
opinion of an Animal Control Officer he/she fails to:
(15.1) Ensure that the Animal has adequate food and/or water;
(15.2) Provide the Animal with adequate care when the Animal
is wounded or ill;
(15.3) Provide the Animal with reasonable protection from
injurious heat or cold;
(15.4) Provide the Animal with adequate shelter, ventilation,
and space.
16. The owner of a Domestic Animal or Livestock Animal is guilty
of an offence if the Animal:
(16.1) Is Running at Large;
(16.2) Is on Park or Park land where Animals are prohibited by
means of signage, or where the Park or Parkland area
contains a playground apparatus, spray park and/or a
sand or rubber play area;
(16.3) Destroys or damages any public or private property ;
(16.4) Is in a restricted area or community event location where
Animals are prohibited as per Council resolution.
17. The owner of a Cat is guilty of an offence if the Cat defecates or
sprays on property other than the Owner's;
18. The owner of a Cat is guilty of an offence if the Cat stalks birds
on property other than the Owner's;
19. The Owner of a Dog or Aggressive Dog is guilty of an offence
if such Dog barks, howls, or otherwise causes noise, so as to
disturb the peace of another person, consideration may be given,
but is not limited to:
(19.1) The volume, duration, and place of the bark or howl;
(19.2) Time of day and day of week; and
(19.3) Nature and use of the surrounding area;
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BYLAW 1696
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20. The owner of a Dog or Aggressive Dog is guilty of an offence if
(20.1) Such Dog defecates on any public or private property
not owned or occupied by the Owner, and the Owner
fails to remove such defecation in a reasonable amount
of time.
(20.2) The Owner allows the accumulation of defecation from
such dog so as to create a disturbance for any other
person or is likely to cause a health risk to others;
21. Any person who owns or occupies a dwelling unit is permitted
two (2) Cats and/or two (2) Dogs over the age of six months
except in the case where an owner is in receipt of a Fancier's
License
(21.1) A person is guilty of an offence if they have more than
two (2) of the same type of animal without a Fancier's
License.
22. A person is guilty of an offence if that person exercises a Dog
while driving in a Motor Vehicle;
23. The Owner of a Domestic Animal is guilty of an offence if
he/she fails to carry a Leash while with an Animal in a
designated Off Leash Area;
24. The Owner of a Dog is guilty of an offence if such Dog is not
wearing a collar and Tags whilst in a designated Off Leash
Area;
25. The Owner of a Domestic Animal is guilty of an offence if
he/she fails to immediately remove any Animal from the Off
Leash Area after it has exhibited any type of Threatening
Behaviour while in a designated Off Leash Area;
OFFENCES
APPLICABLE TO
WILDLIFE AND
PROHIBITED
ANIMALS
26. Any person is guilty of an offence if he/she:
(26.1) Keeps, maintains, or harbours any type of Wildlife,
excluding song birds that are purchased from a pet store
or certified breeder meant to be held in captivity; or
(26.2) Allows the regular feeding of Wildlife or other Feral
Animals
26.2.1. Section 26.1 does not apply to any type of
Song Bird house or Bat house kept on the
TOWN OF CARDSTON
BYLAW 1696
PAGE 11 OF 21
person's property.
26.2.2. Section 26.2 does not apply to any type of
Song Bird or Humming Bird feeder kept on the
person's property.
(26.3) Keeps, maintains, or harbours any type of prohibited
animal, as set out in Appendix "D" of this Bylaw;
KEEPING OF
LIVESTOCK
ANIMALS
27. No person shall keep any Livestock Animal in any part of the
corporate limits of the Town of Cardston without first obtaining
a permit from the Chief Administrative Officer or Designated
Officer to do so.
28. Section 27 does not apply to the following:
(28.1) Those areas of the Town of Cardston which are zoned
as Agricultural in the Town of Cardston Land-Use
Bylaw;
(28.2) Registered Animal Shelters or approved animal rescue
facilities;
(28.3) Pet Shops;
(28.4) Veterinary Clinics;
(28.5) Apiculturalists registered with the Provincial
Apiculturist for the purposes of apiculture; or
(28.6) Those properties operated by the Remington Carriage
Museum.
29. If a permit is issued, pursuant to Section 27, allowing a person
to keep a Livestock Animal, the permit shall:
(29.1) Designate the length of time for which the permit shall
be valid;
(29.2) Outline the terms and conditions under which the
permit is being permitted; and
(29.3) Define the terms and conditions for which the permit
may be cancelled
30. A permit issued pursuant to section 27, shall be for grazing or
therapeutic purposes only
(30.1) Permits issued for therapeutic purposes shall only be
TOWN OF CARDSTON
BYLAW 1696
PAGE 12 OF 21
issued to properties zoned under the Land Use Bylaw
as "Public & Institutional".
31. The cost of the permit shall be as defined in Appendix "A" of
this Bylaw.
32. No person shall maintain any Livestock Animal(s) in any barn,
shed, corral, or pasture within a distance of forty (40) meters of
any dwelling house, excepting the owner's primary residence.
33. Any person who maintains any Livestock Animal(s), pursuant
to a permit issued under section 27, must maintain a sufficient
fence or other means of corralling the Livestock Animal(s).
34. No person shall keep any more than two (2) Livestock Animals
on a property less than three (3) acres.
(34.1) Any person who occupies more than three (3) acres may
maintain more than two (2) Livestock animals, but shall
conform to the limits and conditions outlined in the
permit.
35. Any person, while maintaining any Livestock Animal(s) shall;
(35.1) While operating wintering grounds in areas permitted
for such, shall not occupy the grounds as such until the
15th day of October, and shall vacate the same the first
day of May, at which time the yard shall be cleaned of
manure and debris, ready for inspection by the 15th day
of May.
36. Upon receiving an application for a permit or upon receiving a
complaint, the Chief Administrative Officer or Designated
Officer may cause the place to be inspected and hear, if
necessary, any evidence of any person in a position to give
evidence respecting a complaint.
37. When an inspection is carried out and the opinion of the Chief
Administrative Officer or Designated Officer making the
inspection is that a nuisance exists, or may develop into a
nuisance, he/she may take the necessary steps to require the
permit holder to eliminate the problem within a designated time,
and upon failure to do so may cancel the permit and require the
removal of the Animals, until the matter has been properly
TOWN OF CARDSTON
BYLAW 1696
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corrected.
(37.1) If the Owner fails to remedy the violation or nuisance,
the Town of Cardston may remedy the violation or
nuisance, at the expense of the owner. Any unpaid
expense and cost incurred by the Town of Cardston in
the remedy process may be added to the Tax Roll and
collected in a like manner as municipal taxes as per the
Municipal Government Act R.S.A 2000 CM. 26.
38. Upon an inspection being made, any health condition that may
exist may be referred to the Provincial Health Officer, for their
attention.
39. If there are violations found and action taken against the Owner,
the Owner may file an appeal with Council;
40. On hearing the appeal, the decision of Council shall be final.
OFFENCES
APPLICABLE TO
THE OWNER OF
AN AGGRESSIVE
DOG
41. The owner of an Aggressive Dog is guilty of an offence if:
(41.1) The Aggressive Dog is not wearing a muzzle, under
control and on a Leash held by a person of the age of
eighteen (18) years of age, and who is capable of
controlling the Aggressive Dog at all times when the
Aggressive Dog is off the Owner's property;
(41.2) The Aggressive Dog is outdoors on the Owner's
property and is not:
41.2.1. supervised by a person over the age of eighteen (18)
years of age, or
41.2.2. contained by a tether sufficient to hold the animal
securely on the property, or
41.2.3. in a locked pen or enclosure capable of preventing
the entry of any person except the Owner of the
Aggressive Dog;
(41.3) Within seven (7) days after the Dog has been
designated an Aggressive Dog, the Owner fails to
display at each entrance to the Owner's property and on
the locked pen or structure in which the Aggressive
Dog is confined, clear and visible signs, as specified in
Appendix "C" of this Bylaw, a warning of the presence
TOWN OF CARDSTON
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of an Aggressive Dog on the Owner's property.
OFFENCES
RELATING TO
DOGS
EXHIBITING
THREATENING
BEHAVIOUR,
BITING, OR
ATTACKING
42. The Owner of an Animal is guilty of an Offence if the Animal:
(42.1) Exhibits Threatening behaviour towards an Animal or a
person ;
(42.2) Bites an Animal ;
(42.3) Bites a person;
(42.4) Attacks an Animal ;
(42.5) Attacks a person;
(42.6) Bites, Attacks and causes Severe Injury to an Animal ;
(42.7) Causes death to an Animal ;
(42.8) Bites or Attacks a person causing Severe Injury; or
(42.9) Bites or Attacks a person causing death.
43. The Owner of an Aggressive Dog is guilty of an offence if the
Aggressive Dog;
(43.1) Exhibits Threatening behavior towards an Animal or a
person ;
(43.2) Bites an Animal ;
(43.3) Bites a person;
(43.4) Attacks an Animal ;
(43.5) Attacks a person;
(43.6) Bites, Attacks and causes Severe Injury to an Animal ;
(43.7) Causes death to an Animal;
(43.8) Bites or Attacks a person causing Severe Injury; or
(43.9) Bites or Attacks a person causing death.
44. Sections 42 and 43 shall apply to the conduct of an Animal
whether on or off of the property of the Owner;
(44.1) The owner of a dog that has received notice by an
Animal Control Officer (ACO) that their dog is suspect
of biting another animal or human shall immediately
quarantine the dog and not permit or allow the dog to be
in any public place, in contact with or in proximity to
TOWN OF CARDSTON
BYLAW 1696
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any other dogs, and shall keep the dog locked up or tied
up for the duration of the quarantine period given in the
notice. Failure to do so will be considered an offence.
45. No Owner shall direct an Animal to attack, chase, harass, or
otherwise threaten an Animal or a person;
46. A Justice, after convicting an Owner of a Dog of an offence
under this Bylaw, may, in addition to the fine specified under
this Bylaw, order one or more of the following:
(46.1) The Dog to be designated as an Aggressive Dog;
(46.2) The Dog to be euthanized; and/or
(46.3) The Owner be prohibited from owning any Dog for a
specified period of time.
INTERFERENCE
WITH AN
OFFICER
47. Any person, whether or not he/she is the Owner of an Animal or
Aggressive Dog which is being or has been pursued or captured,
or if that person has contravened any provision of this Bylaw, is
guilty of an offence if he/she:
(47.1) Interferes with, or attempts to obstruct an Officer who is
attempting to capture, or who has captured, any animal;
(47.2) Unlocks, unlatches, or otherwise opens a vehicle, cage,
trap or other device used to capture Animals;
(47.3) Removes, or attempts to remove, any animal from the
possession of an Officer;
(47.4) Refuses to provide identification (full name, address,
and date of birth) and proof thereof to an Officer upon
request;
(47.5) Provides false or misleading information to an Officer.
IMPOUNDING AND
SEIZURE OF
ANIMALS
48. Any Officer may seize and deliver to an Animal Shelter for
impound any Domestic Animal or Aggressive Dog:
(48.1) Found running at large;
(48.2) Which has bitten, or is alleged to have bitten a person or
Animal, pending the outcome of a decision to designate
the Animal to be an Aggressive Dog or to euthanize the
Animal;
TOWN OF CARDSTON
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(48.3) Not wearing a collar or Tag while off the property of the
Owner;
(48.4) Found on Park or Parkland and not under the direct
control of the Owner; or
(48.5) That is a female in heat and not confined or housed.
49. Upon receiving an Animal or Aggressive Dog for impound, an
Officer, shall make reasonable efforts to identify and contact the
Owner of the Animal or Aggressive Dog;
50. Subject to the entry notice provisions of the Municipal
Government Act, R.S.A. 2000 c.M-26, an Officer may enter
upon privately owned land at all times, other than a dwelling
house, for the purpose of enforcing the provisions of this
Bylaw,
51. An Officer is hereby authorized to use live traps, nets or any
other similar means to capture the Animals or Aggressive Dogs.
The Town of Cardston shall not be held liable for the death or
injury of any Animal or Aggressive Dog;
52. Any impounded Animal or Aggressive Dog shall not be sold,
euthanized, or otherwise disposed of until the Animal or
Aggressive Dog has stayed in the Animal Shelter for seventy-
two (72) hours, excluding the day of impounding, Saturday,
Sunday's, or Statutory Holidays;
53. The Town of Cardston may retain an Animal for a period longer
than set out in Section 52 herein if, in the opinion of the Town
of Cardston, the circumstances warrant the expense or they have
reasonable grounds to believe that the Animal is a danger to
persons, animals, or property;
54. Any healthy Animal may be returned to the Owner during the
72-hour period of impoundment upon payment to the Town of
Cardston the cost of impoundment and boarding. The Town of
Cardston may also collect the appropriate Animal License fee if
the Animal is not licensed at the time of impound;
(54.1) Any dog impounded under the provisions of this Bylaw
shall not be released until such time as the owner pays
all licensing fees, offence fines, and impound charges
and/or fees.
TOWN OF CARDSTON
BYLAW 1696
PAGE 17 OF 21
55. Any person claiming an impounded Animal shall present
government issued identification to the Town of Cardston.
56. Where an impounded Animal or Aggressive Dog has not been
claimed by an Owner within 72 hours of impoundment, not
including the day of impounding, Saturday's, Sunday's or
Statutory Holiday's, the Town may sell, foster, euthanize, or
otherwise dispose of any impounded Animal or Aggressive
Dog.
57. The purchaser of an Animal from the Town of Cardston
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
Animal shall cease upon purchase
58. An Officer investigating a complaint involving the Threatening
Behaviour of an Animal may classify the behaviour by means
of reference to the Dr. Ian Dunbar's Aggression Scale, which is
set out in Appendix "E".
FANCIER'S
LICENSE
59. A Fancier's License will allow up to a maximum of seven (7)
Domestic Animals
(59.1) Assistance Dogs or any Service Dogs will not count
towards the maximum number of animals and are
exempt from a Fancier's License.
(59.2) Animal Shelters or those that work with animal shelters
are exempt from the maximum number of domestic
animals allowed and from requiring a Fancier's License.
(59.3) Breeders with more than 2 adult dogs or cats will require
a Fancier's License; however, puppies and kittens under
the age of 6 months are not included in the maximum
number of animals allowed.
60. Any person requesting a Fancier's License shall submit an
application to the Animal Control Officer or Designated
Officer.
61. All applications shall disclose:
(61.1) Location for license;
(61.2) Breed and sex of dogs and cats;
62. An Animal Control Officer or Designated Officer may inspect a
TOWN OF CARDSTON
BYLAW 1696
PAGE 18 OF 21
premise upon receipt of bona fide complaints from any (2) or
more neighbors residing within sixty (60) meters of the
residence or if there is concern about the well-being of the
animals.
(62.1) The Animal Control Officer may inspect the premises at
any reasonable time (8:00 AM and 6:00 PM) after
giving the owners 24 hours' notice of such inspection
and revoke this license if deemed unsuitable.
63. Any person may appeal the decision of the Animal Control
Officer to the Chief Administrative Officer provided such
appeal is submitted in writing within fourteen (14) days of the
date of the Animal Control Officers' decision.
64. Any person that owns more than 7 animals is subject to a fine as
outlined in Schedule B.
(64.1) Any person found to be in possession of more than 2 of
the same domestic animal without a fancier's license or
more than a total of 7 animals, is subject to all fines that
would apply.
(64.2) The Animal Control Officer has the authority to remove
or re-home the animals if deemed necessary.
(64.3) The Animal Control Officer will re-inspect the premise
weekly until the situation has been remedied. Failure to
address the contravention may result in additional fines.
KENNELS
65. No person shall own or operate a Kennel within the Corporate
Limits of the Town of Cardston without first applying for and
paying the specified amount, and being granted a permit as set
out in Appendix "A" of this Bylaw.
(65.1) Animal Shelters or those that work with animal shelters
are exempt from the Kennel requirements.
66. Any Kennel Permit application shall be reviewed by the Town
of Cardston to ensure it meets requirements as set out in the
Land Use Bylaw and/or any other legislation that may be
applicable in the case.
(66.1) A business license is required prior to a kennel permit
being approved.
TOWN OF CARDSTON
BYLAW 1696
PAGE 19 OF 21
(66.2) Upon application for a Kennel permit, the applicant
must specify the maximum number of animals they
intend to board. Approval of the permit will be subject
to an inspection by the Animal Control Officer.
PENALTIES
67. Where an Officer has reasonable and probable grounds to
believe that a person has contravened any provision of this
Bylaw:
(67.1) May serve upon that person a Municipal Ticket allowing
payment of the specified fine as set out in Appendix "B"
of this Bylaw, which payment will be accepted by the
Town of Cardston in lieu of prosecution for the offence
if paid within 21 days of the date of service; or
(67.2) May serve a Violation Ticket in accordance with the
Provincial Offences Procedure Act, R.S.A. 2000, c. P-34
and amendments thereto, allowing a voluntary payment
or requiring a person to appear in court, without the
alternative of making a voluntary payment.
68. A Municipal Ticket shall be deemed to be sufficiently served if:
(68.1) Served personally on the Owner of the Animal or
Aggressive Dog, or left at the Owner's residence; or
(68.2) Mailed to the address of the Owner of the Animal or
Aggressive Dog.
69. Penalties for a second, third, or subsequent offence will be
applicable where those offences occur within twelve (12)
months of the first offence.
70. 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 day, on which the offence continues and any
person guilty of such an offence is liable to a fine in the amount
not less than that established by this Bylaw for each such day.
SUMMARY
CONVICTION
71. Any person who contravenes any provision of this Bylaw is
guilty of an offence and is liable on summary conviction to the
specified penalty as set out in Appendix "B" of this Bylaw, and
in default of payment of any fine imposed, to imprisonment for
TOWN OF CARDSTON
BYLAW 1696
PAGE 20 OF 21
Received First Reading this 12th day of January, 2021
Received Second Reading this 9th day of February, 2021
Received Third & Final Reading this 13th day of August, 2021
Signed by the Mayor and the Chief Administrative Officer this 17th day of August, 2021
Amended (1696A) this 9th day of August, 2022
not more than six (6) months.
72. Any person who contravenes any provision of this Bylaw for
which there is either "Court" or no penalty specified in
Appendix "B", is guilty of an offence and is liable on Summary
Conviction to a fine 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 imposed, to imprisonment for not
more than six (6) months.
EXEMPTIONS
73. This Bylaw does not apply to any Police Service Dog or any
other type of Emergency Services or Search and Rescue Dog
while it is in Active Service.
PROOF OF
LICENSING AND
AGE OF ANIMAL
74. In any prosecution or proceedings for a contravention of this
Bylaw, the onus of proving all of the following is on the person
alleging that:
(74.1) A person has a valid and subsisting Licence for the
Animal or Aggressive Dog;
(74.2) An Animal or Aggressive Dog is under the age of six (6)
months;
(74.3) The length of time an Animal has been in the Town of
Cardston is less than thirty (30) days in a year.
EFFECTIVE DATE
75. This Bylaw shall come in force upon the date of its third and
final reading.
REPEAL
76. Bylaws 1679 and all amendments thereto shall be rescinded
upon the effective date of this bylaw.
TOWN OF CARDSTON
BYLAW 1696
PAGE 21 OF 21
Amended (1696B) this 12th day of November, 2023
Amended (1696C) this 23rd day of January, 2023
APPENDIX "A"
TOWN OF CARDSTON
BYLAW 1696 APPENDIX "A"
FEES RELATED TO DOGS
DESCRIPTION
FEE
Return to Owner Fee*
$25-$50
Impound Fee for a Dog
$75/day
Impound Fee for a Nuisance* or Aggressive Dog
$100/day
Care and Sustenance (per day or portion thereof to commence at
midnight on the day the animal is impounded)
$15/day
Veterinary Fees
Amount Expended
Refundable Sterilization Deposit (30 days)
$75 (plus GST)
Adoption Fee (plus sterilization deposit)
$45
* Applied at discretion of capturing officer; Amount based on time spent capturing dog and
whether animal is licensed.
ANNUAL DOG LICENSE FEES
Altered (Spayed or Neutered)
Before March 31st or New
$25
After March 31st
$35
Unaltered
Before March 31st or New
$40
After March 31st
$50
Aggressive Designation
Before March 31st or New
$150
After March 31st
$200
Replacement Fee
1st replacement is free
Half the original cost
thereafter
FEES RELATED TO CATS
DESCRIPTION
FEE
Impound Fee
$60/day
Care and Sustenance Fee (per day or portion thereof to commence at
midnight on the day of impoundment)
$15/day
Veterinary Fee
Amount Expended
Owner Drop-off Fee
$50
Refundable deposit for sterilization - Cat neutered
$75
Refundable deposit for sterilization - Cat spayed
$150
Town resident adoption Fee
$20
ANNUAL CAT LICENSE FEES
Altered (Spayed or Neutered)
Before March 31st or New
$15
After March 31st
$25
Unaltered
Before March 31st or New
$35
After March 31st
$45
Replacement Fee
1st replacement is free
Half the original cost
thereafter
APPENDIX "A"
TOWN OF CARDSTON
BYLAW 1696 APPENDIX "A"
FEES RELATED TO DOMESTIC ANIMALS
DESCRIPTION
FEE
Fancier's License
$50
Kennel License
$50
FEES RELATED TO LIVESTOCK ANIMALS
DESCRIPTION
FEE
Animal Permit
$15
APPENDIX "B"
TOWN OF CARDSTON
BYLAW 1696 APPENDIX "B"
Section
Offence
First
Offence
Second
Offence
Third &
Subsequent
5
Fail to obtain Domestic Animal license.
$100.00
$200.00
$300.00
5.2
Fail to affix Tag to Collar
$100.00
$200.00
$300.00
6
Fail to obtain Aggressive Dog license
$500.00
$1000.00
$1500.00
15.1
Fail to provide animal with adequate
food or water
$250.00
$500.00
$750.00
15.2
Fail to provide animal with adequate care
when wounded or ill
$250.00
$500.00
$750.00
15.3
Fail to provide reasonable protection
from injurious heat or cold.
$250.00
$500.00
$750.00
15.4
Fail to provide animal with adequate
shelter, ventilation, or space.
$250.00
$500.00
$750.00
16.1
Allow animal to run at large.
$100.00
$200.00
$300.00
16.2
Allow animal to be in Park or on Park
land where prohibited / or on playground
apparatus or spray park
$100.00
$200.00
$300.00
16.3
Allow animal to destroy public/private
property
$100.00
$200.00
$300.00
16.4
Allow animal to be in a restricted area or
community event where prohibited.
$100.00
$200.00
$300.00
17
Allow Cat to defecate or spray on
property, other than the owner
$100.00
$200.00
$300.00
18
Allow Cat to stalk birds on property,
other than the owner
$100.00
$200.00
$300.00
19
Allow Dog to bark, howl, or otherwise
cause noise so as to disturb the peace.
$100.00
$200.00
$300.00
20.1
Fail to remove Dog defecation from
property other than owners within a
reasonable time
$100.00
$200.00
$300.00
20.2
Allow dog defecation to accumulate so
as to create a health issue or nuisance.
$100.00
$200.00
$300.00
21.2
Own more than 2 Cats or 2 Dogs
Domestic Animals without a Fancier's
license.
$100.00
$200.00
$300.00
22
Exercise Dog while driving a Vehicle
$100.00
$200.00
$300.00
APPENDIX "B"
TOWN OF CARDSTON
BYLAW 1696 APPENDIX "B"
24
Fail to wear Collar or Tags while in off-
leash area.
$100.00
$200.00
$300.00
25
Fail to immediately remove Dog from
off-leash area after such dog has
exhibited threatening behavior
$100.00
$200.00
$300.00
26.1
Keep, maintain, or harbor Wildlife
$200.00
$300.00
$400.00
26.2
Feed Wildlife or Feral Animal
$200.00
$300.00
$400.00
26.3
Keeps, maintains or harbours any type of
prohibited animal
$200.00
$300.00
$400.00
27
Keep, maintain, or harbor Livestock
within Corporate limits w/o permit.
$200.00
$300.00
$400.00
41.1
Aggressive Dog not wearing a muzzle,
under control, or on leash, held by 18 y/o
plus or some able to control animal.
$500.00
$1,000.00
$2,000.00
41.2
Person over 18 y/o fail to supervise
Aggressive Dog, or Aggressive Dog not
locked in pen.
$500.00
$1,000.00
$2,000.00
41.3
Owner of aggressive dog fail to display
clear and visible signage.
$500.00
$1,000.00
$2,000.00
42.1
Dog exhibits threatening behavior
towards person, another Domestic
Animal or Wildlife.
$250.00
$350.00
$450.00
42.2
Dog bites another Domestic Animal or
Wildlife
$250.00
$350.00
$450.00
42.3
Dog bites a person
$500.00
$750.00
$1,000.00
42.4
Dog attacks Another Domestic Animal
or Wildlife.
$500.00
$750.00
$1,000.00
42.5
Dog attacks a person
$750.00
$1,000.00
$1,250.00
42.6
Dog bites or attacks another Domestic
Animal or Wildlife, causing severe
injury.
$750.00
$1,000.00
$1,250.00
42.7
Dog causes death to another Domestic
Animal or Wildlife.
$1,000.00
$1,250.00
$1,500.00
42.8
Dog bites or attacks a person causing
Severe Injury
$1,000.00
$1,250.00
$1,500.00
APPENDIX "B"
TOWN OF CARDSTON
BYLAW 1696 APPENDIX "B"
42.9
Dog attacks a person causing death.
COURT
COURT
COURT
43.1
Aggressive Dog exhibits threatening
behavior to a Person or another Domestic
Animal, or Wildlife.
$500.00
$750.00
$1,000.00
43.2
Aggressive Dog bites another Domestic
Animal or Wildlife.
$750.00
$1,000.00
$1,250.00
43.3
Aggressive Dog bites a person
$1,000.00
COURT
COURT
43.4
Aggressive Dog attacks another
Domestic Animal or Wildlife.
$1,000.00
$1,250.00
$1,500.00
43.5
Aggressive Dog attacks a person.
$1,500.00
$1,750.00
COURT
43.6
Aggressive Dog bites or attacks another
Domestic Animal or Wildlife, causing
Severe Injury.
$1,500.00
$1,750.00
COURT
43.7
Aggressive Dog causes death to another
Domestic Animal or Wildlife.
$1,750.00
$2,000.00
COURT
43.8
Aggressive Dog bites or attacks a person
or causing Severe Injury.
$1,750.00
$2,000.00
COURT
43.9
Aggressive Dog bites or attacks a person
causing death.
COURT
COURT
COURT
44.1
Violate quarantine notice.
$250.00
$500.00
$750.00
45
Direct Animal to chase, harass, or
otherwise threaten another Domestic
Animal or Wildlife.
$500.00
$1000.00
$2000.00
47.1
Interfere with or attempt to obstruct
Officer pursuing or attempting to capture
or has captured an Animal.
$500.00
$1000.00
$2000.00
47.2
Unlock, unlatch, or otherwise opens a
vehicle, cage, trap, or other device used
in the capture of an Animal.
$500.00
$1000.00
COURT
47.3
Removes or attempts to remove an
Animal from an Officers possession.
$500.00
$1000.00
COURT
47.4
Refuse to provide identification to
Officer upon request.
$500.00
$1000.00
COURT
47.5
Provide false or misleading information
to an Officer
$500.00
$1000.00
COURT
59
Failure to obtain a Fancier's License
$200.00
$300.00
$400.00
APPENDIX "B"
TOWN OF CARDSTON
BYLAW 1696 APPENDIX "B"
64
Owns more than 7 animals.
$200.00
$300.00
$400.00
65
Own or operate Kennel without a permit.
$200.00
$300.00
$400.00
APPENDIX "C"
AGGRESSIVE DOG SIGNAGE
TOWN OF CARDSTON
BYLAW 1696 APPENDIX "C"
APPENDIX "D"
PROHIBITED ANIMAL SPECIES
TOWN OF CARDSTON
BYLAW 1696 APPENDIX "D"
1) All Anseriformes (Ducks, Geese, Swans)
2) All Galliformes (Grouse, Pheasant, Turkeys)
3) All Sciuridae (Prairie Dogs, Giant Squirrels, Flying Squirrels)
4) All Marsupials (Kangaroos, Opossums)
5) All Non-Human Primates (Gorillas, Monkeys)
6) All Felids except the domestic cat (Lions, Tigers, Cougar)
7) All Canids (Wolf, Hybrids) except the domestic dog
8) All Viverrids (Mongoose, Civets, Genets)
9) All Mustelids except domestic Ferret (Skunks, Weasels)
10) All Ursids (Bear)
11) All Artiodactylus Ungulates (Cattle, Goats, Sheep, Pigs)
12) All Procyonids (Raccoons, Coatis, and Cacomistles)
13) All Hyaenas
14) All Perissodactylus Ungulates except domestic livestock (Zebra)
15) All Pinnipeds (Seals, Fir Seals, Walruses)
16) All Elephants
17) All Snakes and Families of Pythonidae and Boidae
18) All Venomous Reptiles
19) All Ratite Birds (Ostrich, Rheas, Cassowaries)
20) All Edentates (Anteater, Sloth, Armadillo)
21) All Bats
22) All Crocodilians (Crocodile and Alligator)
23) All Arachnids (Scorpion and Tarantula)
APPENDIX "E"
PERMIT APPLICATIONS
TOWN OF CARDSTON
BYLAW 1696 APPENDIX "E"
LEVEL
1
Dog growls, lunges, snarls-no teeth touch skin. Mostly intimidation behavior
threatening behavior
LEVEL
2
Teeth touch skin but no puncture. May have red mark/minor bruise from dog's head or
snout, may have minor scratches from paws/nails. Minor surface abrasions or
lacerations
LEVEL
3
Punctures one to three holes, single bite. No tearing or slashes. Victim not shaken side
to side. Bruising.
LEVEL
3.5
Multiple Level 3 bites
LEVEL
4
One to four holes from a single bite, typically contact/punctures from more than
canines only, considerable bruising. Black bruising, tears and/or slashing wounds. Dog
clamped down and /or shook head from side to side
LEVEL
5
Multiple bites at Level 4 or above. A concerted, repeated attack causing a severe injury.
LEVEL
6
Any bite resulting in the death of an Animal
This Scale is developed by Dr. Ian Dunbar PhD. BVetMed, MRCVS, of Berkeley California.
From his studies Dr. Dunbar has been able to separate and classify bites into a generalized six
level assessment protocol. This scale is used as a standard throughout the world in canine
aggression investigations and behavior assessments.
Bite Inhibition
"Inhibitions are the mechanisms which compel an animal to interrupt an action in the middle of a
sequence." (i)
"Good bite inhibition does not mean that your dog will never snap, lunge, nip, or bite. Good bite
inhibition means that should the dog snap and lunge, his teeth will seldom make skin contact and
should the dog's teeth ever make skin contact, the inhibited "bite" will cause little, if any,
damage."
References
(i) .ABRANTES R. Dog Language An Encyclopedia of Canine Behavior 145. Wakan Tanka
Publishers 1997
(ii). DUNBAR.I. PhD, BVetMed, MRCVS After you Get Your Puppy 84. James and Kenneth
Publishers 2001
(iii). City of Calgary Animal Serivces. Standard Operating Procudure for Peace Officers. City of
Calgary, 2012
APPENDIX "F"
PERMIT APPLICATIONS
TOWN OF CARDSTON
BYLAW 1696 APPENDIX "F"
FORM ME-1603: KENNEL OPERATIONS PERMIT APPLICATION
(Form Location: \\TSERVER\Share\Municipal Enforcement\Forms\Forms Completed with Numbers)
APPENDIX "F"
PERMIT APPLICATIONS
TOWN OF CARDSTON
BYLAW 1696 APPENDIX "F"
FORM ME-1602: KEEPING OF LIVESTOCK PERMIT APPLICATION
(Form Location: \\TSERVER\Share\Municipal Enforcement\Forms\Forms Completed with Numbers)