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animal-bylaw.pdf"
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WHEREAS under the provisions of the Municipal Government Act (Alberta) Section 7, Subsection (h), Council
may pass a Bylaw for municipal purposes respecting the safety, health and welfare of people and the protection
of people and property and respecting domestic animal and activitied in relation to them ; and
WHEREAS the Council of the Summer Village of Castle Island deems it desirable and in the best interest of the
residents of the Summer Village of Castle Island to pass a Bylaw to control and regulate dogs;
NOW THEREFORE the Council the of Summer Village of Castle Island, in council duly assembled, hereby enacts
as follows:
1.
TITLE
1.1 This Bylaw may be cited as "The Animal Control Bylaw".
2.
DEFINITIONS
For the purposes of this Bylaw the following definitions shall apply:
2.1 "Adjacent" means land the abuts a site and land that would abut if not for a road, lanes, walkway,
watercourse, utility lot, pipeline right-of-way, powerline, or similar feature.
2.2 "Animal" shall mean and include any domesticated animal.
2.3 "Animal Control Officer" shall mean any person appointed as an Animal Control Officer by Castle Island
to carry out the provisions of this Bylaw.
2.4 "CAO" means shall mean a person appointed by Council as the Chief Administrative Officer of the
Summer Village of Castle Island.
2.5 "Council" shall mean the Council of the Summer Village of Castle Island.
2.6 "Damage to Public or Private Property" shall include any damage or nuisance done to public or private
property.
2.7 "Dog" shall man any animal of the Canidae family, regardless of the gender or age of such animal.
2.8 "Dog at large", Running at large", or "Run at large" shall mean a Dog that is on any property not
belonging to the Owner of said Dog and is not being restrained by a leash or is not being effectively
controlled by the Owner.
2.9 "Domestic Animal" shall mean an animal that has been domesticated by humans so as to live and
breed in a tame condition and depend on humankind for survival.
2. Definitions (Continued)
SUMMER VILLAGE OF CASTLE ISLAND
BYLAW 2017-03
BEING A BYLAW OF THE SUMMER VILLAGE OF CASTLE ISLAND IN THE PROVINCE OF
ALBERTA FOR CONTROL OF DOMESTIC AMINALS
2.10 "Domestic Dog"shall mean a Dog that has been domesticated by humans so as to live and breed in a
tame condition and depend on humankind for survival.
2.11 "Excessive barking" shall mean no Dog shall howl, bark, or yelp excessively or in any other manner so as to
unreasonably interfere with the use and/or enjoyment of one's property.
2.12 "Guard Dog" shall mean a Dog of any age used for security purposes on land legally used for residential,
commercial, or industrial purposes.
2.13 "Kennel and boarding" means development used for the breeding, boarding or training of three (3) or
more domesticated animals and accessory uses.
2.14 "Nuisance" means any Dog, which by reason of:
a) accumulation of waste;
b) accumulation of material contaminated by waste;
c) disposal of waste;
d) disposal of material contaminated by waste;
e) trespass upon property;
f) threat to public safety; or
g) noise,
Which is in the opinion of an Enforcement Officer, and having regard for all circumstances, injurious or
obnoxious or likely to unreasonably injure, endanger, or detract from the comfort, repose, health, peace or
safety of persons or property within the boundary of the Summer Village.
2.15 "Owner" shall mean any person over the age of eighteen (18) years, partnership, association, or
corporation who has legal title or possession of a Dog or who harbours or keeps or has the care or control
of a Dog.
2.16 "Pound" shall mean a place, designated by council, where Dogs that have been seized shall be kept.
2.17 "Summer Village" shall mean the municipal corporation of the Summer Village of Castle Island or the area
within the boundaries of the Summer Village of Castle Island as the context requires.
2.18 "Vicious Dog Sign" shall mean signage utilized to notify any person(s) entering a property where a Vicious
Dog resides.
2.19 "Vicious dog" shall mean a Dog of any age or a Guard Dog which when on or off the property of its owner:
a) shows a propensity, disposition, or potential to attack or injure, without provocation, other animals
or humans; or
b) without provocation, chase persons who approach it; or
c) is a continuing threat of serious harm to other animals or humans; or
d) without provocation, has attached a person or other animal.
2.20 "Violation Tag" shall mean a tag or similar document issued y the Animal Control Officer, pursuant to the
Municipal Government Act, R.SA. 2000, as amended or replaced and repealed from time to time.
2.21 "Violation Ticket" shall mean a ticket issued pursuant to Part II of the Provincial Offences Procedures Act,
R.S.A. and regulations thereunder, as amended or replaced and repealed from time to time.
3. REGULATIONS
3.1 No Owner shall cause, allow, or permit another person to cause his/her dog to be on any property not
his/her own unless:
a) a leash of sufficient strength to restrain the Dog, and not longer than 1.5 metres, is securely
attached to the Dog; and
b) the leash is being held by a person able to restrain the Dog, or the leash is securely tied to a stationary
object that cannot by moved by the Dog; and
c) the Dog cannot interfere with normal human traffic.
3.2 No Owner shall cause, allow or permit another person to cause him/her Dog while on any property, to:
a) bark at any person; or
b) chase any person or vehicle; or
c) attack any person; or
d) chase, challenge, or attack any animal owned or being kept by another person; or
e) cause any damage or nuisance thereon.
f) an Owner whose dog defecates on said property shall forthwith remove any defecated matter to a
suitable receptacle as would not constitute a nuisance.
g) the provisions of this Section shall not apply to those people who qualify for a Guide or care Dog.
3.3 No Owner shall cause, allow, or permit his dog to howl, bark, or yelp excessively or in any other manner
so as unreasonably interfere with the use and/or enjoyment of one's property.
3.4 No Owner shall fail to immediately take all reasonable steps to quiet his/her Dog that is barking each and
every time the Dog barks.
3.5 No person shall in any way permit a Dog to be in distress by:
a) causing any unnecessary physical pain to the Dog; or
b) neglecting to provide food, potable water, care, or shelter as is necessary to maintain the good health
of the Dog; or
c) neglecting to provide the necessary treatment for a Dog suffering from disease or injury or which is
infested by any vermin or parasite; or
d) harassing or tormenting such Dog.
4.
ENFORCEMENT
4.1 Any Dog at large may be captured and seized by an Enforcement Officer and placed in a pond as provided
for in this Bylaw.
4.2 An Enforcement Office may use any means necessary to capture and seize a Dog at large, provided that:
a) No dog shall be seized on private property without the permission of the Owner of said property, except
in case of fresh pursuit; and
b) Every reasonable precaution is taken to avoid causing any bodily or harm to such Dog.
4.3 Every Dog seized under this Bylaw shall, as soon as practical, be taken to the prescribed pound and
restrained therein.
4.4 No person shall in any way interfere with, or obstruct an Enforcement Officer who has seized or is
attempting to seize a Dog at large, or in their performance of any other duty authorized by this Bylaw.
5.
NUISANCE
5.1 Any person who keeps or harbours a Dog which constitutes a Nuisance is guilty of an offence.
5.2 Nothwithstanding the provisions of Section 6.1, herein, nothing in this Bylaw shall preclude the operation of
the Stray Animal Act, RSA 2000, as amended from time to time, or operation of any applicable Alberta
Legislation.
6.
IMPOUNDMENT
6.1 An Enforcement Officer shall:
a) receive and impound any Dog seized under the provision of this Bylaw; and
b) keep a record of such Dog on a form approved by the CAO; and
c) ensure that any Dog so impounded is provided with sufficient food and potable water to maintenance the
health and comfort of the Dog; and
d) provide the services of a veterinarian, as soon as practical, for any Dog which appears to be ill or injured;
and
e) ensure that no dog, while impounded, is unnecessarily mistreated.
f) charge a fee for impoundment as specified in Schedule "A" of this Bylaw.
6.2 It shall be the duty of the Enforcement Officer, and such other person or persons as may be authorized by
Council, to confine all Dogs captured for violation of this Bylaw in the pound subject to the Owner's right to
redeem the Dog within seventy-two (72) hours from the time of impounding upon payment of any fees
owed as outlined in Schedule "A" of this Bylaw to Enforcement Officer or to the Summer Village of Castle
Island.
a) Notwithstanding Section 7.1, and pursuant to Section 7(2) of the Animal Protection Act, as amended
from time to time, if in the opinion of an Enforcement Officer, the animal appears to be a purebred
animal, or if it bears an obvious identification device, tattoo, brand mark, tag, of license, the applicable
time limit under Section 6.2 shall be ten (10) days after the date on which the animal was impounded.
6.3 The Enforcement Officer shall, if the Dog being impounded is wearing a Dog tag or any other identification,
make a conscientious effort to notify the Owner that the Dog has been impounded and give said Owner a
reasonable period of time to claim the Dog. An Owner may redeem an impounded Dog upon payment to
the Enforcement Officer or the Summer Village of Castle Island of all fines, fees and costs as prescribed in
this Bylaw prior to release to the Owner of any Dog.
6.4 In any case, where a Dog is found to be ill, has been injured or deemed unsuitable for adoption and it has
been determined by a veterinarian or Enforcement Officer that the Dog should be euthanized, the Dog may
be euthanized as soon as practical by a veterinarian or Animal Control Officer.
6.5 Any Dog that has been impounded for longer than the period of time prescribed in the bylaw may at the
discretion of the Enforcement Officer, be adopted, placed with an Animal Rescue organization, or
euthanized.
7.
VICIOUS DOG REGULATIONS
7.1
For offences where a Dog, while not on the Owner's property, and whether or not the Dog is on a leash,
attacks a person or another animal or chases or challenges a person, the Dog shall be defined as a Vicious
Dog for Bylaw Enforcement purposes.
7.2
The Summer Village of Castle Island will inform the Owner, as defined in Section 2.16, in writing as
specified in Sections 9.1 through 9.3 that said Dog has been deemed vicious for Bylaw Enforcement
purposes.
7.3
An Enforcement Officer may use any means legally at his/her disposal to capture and restrain a Vicious
Dog. If, in the opinion of the Animal Control Officer, the Dog cannot be safely captured or restrained, the
Animal Control Officer, may destroy the Vicious Dog by using a firearm to protect the officer, the public, or
domestic animals.
7.4
When such Dog is not on the property of the Owner:
a) The Dog shall be harnessed or on a leash which length shall not exceed one (1) metre and in a manner
that prevents it from chasing, injuring or biting other domestic animals, livestock, or humans, as well as
preventing damage to public or private property; and
b) The Dog shall be under control of a person who is eighteen (18) years of age or older and
c) The Dog shall be muzzled.
7.5
When such a Dog is on the property of the Owner:
a) The Dog shall be confined indoors; or
b) The Dog shall be kept as if the provisions of subsection 7.4 applied to such Dog while on the property
of the Owner; and
c) The Dog shall be confined in a secure enclosure and such means a locked building, kennel or fenced
area of such construction that will not allow the confined Dog or Dogs to jump, dig, or force their way
out, or allow the entry of any person not in control of the Dog.
7.6 The Enforcement Officer shall require the Owner of a Vicious Dog to post a Vicious Dog Sign at the
entrance to the Owner's property stating "VICIOUS DOG". Where a Dog is determined to be a vicious
Dog pursuant to the provisions of this Bylaw, the Owner, possessor, or harbourer of such Dog shall:
a) signage shall be posted at all points of entrance and around perimeter of said property. The
signage must be deemed acceptable by the Animal Control Officer.
b) immediately notify the Enforcement Officer should the Dog be at large.
7.7 The Owner of a Vicious Dog shall take all necessary steps to ensure that such Dog does not bite, chase, or
attack any person or other animal, whether the person or animal is on the property of the owner or not.
7.8 The Owner of a guard Dog must either keep such Dog confined indoors or confined in a securely fenced
area, constructed to prevent the escape of the Dog, and capable of preventing the entry of young
children. The fence shall have a minimum height of 1.82 metres. The Owner shall post, on the perimeter
of the fence, warning signs of the presence of guard Dogs.
8.
ORDERS
8.1 Every Order written with respect to the Bylaw must:
a) Indicate the person to whom it is directed;
b) Identify the person to whom the Order relates by municipal address or legal description;
c) Identify the date it was issued;
d) Identify how the property fails to comply with this or other Municipal Bylaws;
e) Identify the specific provisions of the Bylaw the person contravenes;
f) Identify the nature of the action required to be take to be complaint;
g) Identify the time within which the action must be completed;
h) Indicate that if the require action is not completed within the time specified, the Summer Village
may take whatever action or measures necessary to remedy the contravention;
i)
Indicate expenses and cost of any action or measures taken by the Summer Village under this
section are an amount owing to the Summer Village by the person whom the Order is directed;
8.2 Every Order written in respect to provisions of another Bylaw must contain the same information as set
out in Section 8.1, modified as necessary in the context of that Bylaw.
8.3 An Order pursuant to the Bylaw will be deemed to have been served on the Owner or Occupant when
the Order has been:
a) personally delivered to the Owner or Occupant;
b) left for the Owner or Occupant at his or her residence with a person on the premises who appears to
be at least eighteen (18) years of age;
c) sent via registered mail addressed to the last known postal address of the Owner of Occupant; or
d) posted in a conspicuous place on the property referred to on the Order, when the Enforcement
Officer has reason to believe:
i) that the Owner or Occupant to whom the Order is addressed is evading service; or
ii) no other means of service is available
e) If an Order is sent via registered mail as referred to in Section 8.3 (c) then it is deemed to be
received by the Owner or Occupant five (5) days after the Order was mailed.
8.4 A person who fails to comply with an Order under Section 8 of this Bylaw is guilty of a offence and
liable, on summary conviction before a Provincial Court Judge, to fines as listed in Schedule 'A' of this
Bylaw.
8.5 If the Enforcement Officer determined that a Vicious Dog or Guard Dog is not being kept in accordance
with this bylaw the Officer may:
a) make an application to Section 545 of the Municipal Government Act (Alberta), for an Order
directing that the Owner keep such Dog in accordance with the Bylaw or that the Dog be removed
from the Summer Village; or
b) make a complaint pursuant to the Dangerous Dog Act (Alberta) for an Order directing that the
Dog be controlled, destroyed, or removed from the Summer Village.
9. OFFENCES AND PENALTIES
9.1 A person who contravenes any Section of this Bylaw is guilty of an offence and liable, on summary
conviction before a Provincial Court Judge, to fines as listed in Schedule 'A' of this Bylaw.
9.2 A Provincial Judge, in addition to the penalties provided in this Bylaw, may direct or order the Owner of
a Dog:
a) To prevent such Dog from doing mischief, or causing a disturbance, or a nuisance complained; or
b) To have the Dog destroyed or removed from the Summer Village of Castle Island; or
c) To comply with other any other relevant sections of this Bylaw; or
d) In any other manner deemed appropriate.
9.3 Notwithstanding Sections 8.1 and 8.3 of this Bylaw, an enforcement Officer may issue a Violation Tag to
a person who the Enforcement Officer has reasonable and probable grounds to believe has contravened
any provision of this Bylaw:
a) Specifying a voluntary payment as described in Schedule 'A' of this Bylaw, and
b) The person to whom the Violation Tag is issued may, in lieu of being prosecuted for the offence, pay
the Summer Village, Enforcement Officer, the penalty specified within the time period indicated on
the violation tag.
9.4 A Violation Tag shall be deemed to have been sufficiently served if:
a) Served to the accused directly or
b) Mailed to the address of the registered Owner of the property or person occupying a property; or
c) Secured to the vehicle or property in respect of which the offence is alleged to have been
committed.
9.5 Where a Violation Tag has been issued, and the penalty specified on the Violation Tag has not been paid
within the prescribed time, then an Enforcement Officer may issue violation ticket specifying that a
voluntary payment be made as described in Schedule 'A' of the Bylaw.
9.6 Notwithstanding Section 7.1 through 7.3 of this Bylaw, an enforcement Officer may immediately issue a
Violation Ticket to any person who the Enforcement Officer has reasonable grounds to believe has
contravened any provisions of this Bylaw, specifying that:
a) A voluntary payment be made as described in Schedule 'A' of this Bylaw, or
b) If it is in the public interest to compel the accused to appear before a Judge, issue a summons
respecting any offence for which a voluntary payment may be made requiring the accused to appear
before a Provincial Court Judge on the initial appearance date without the alternative of making a
voluntary payment.
9.7 The levying and payment of any fines shall not relieve a person from the necessity of:
a) Immediately remedying the situation that created the violation, or
b) Paying any fees, charges, or costs for which he is liable under the provisions of this Bylaw.
10. SURRENDER OF DOG
10.1 An Owner of a dog may give up Ownership of the Dog by surrendering the Dog to the Summer Village.
By surrendering the Dog to the Summer Village, the Owner is deemed to have relinquished all rights of
Ownership and possession of the Dog.
10.2 To surrender a Dog to the Summer Village, the Owner shall complete a Summer Village of Castle Island
form, and shall pay a surrender fee as outlined in Schedule 'A' of this Bylaw.
10.3 A Dog that has been surrendered to the Summer Village becomes the property of the Summer Village
and may be kept or disposed of as the Summer Village deems appropriate, including:
a) Placing the Dog for adoption; or
b) Euthanasia in the case where it has been determined by a Veterinarian or Enforcement Officer that
the Dog is not suitable for adoption or is found to be ill or has been injured and should be destroyed
to prevent needless suffering, in which case the Dog may be destroyed as soon as practical by a
veterinarian or Animal Control Officer.
11. NOTIFICATION
11.1 When an Enforcement Officer attends a unattended residence, a Summer Village of Castle Island
Notice of visit form, will be left on site and deemed as Notification of Visit.
12. EXERCISE OF DISCRETION
12.1 The Summer Village of Castle Island has the discretion to enforce this Bylaw, and is not liable for any
outcomes should an Enforcement Officer decide not to enforce this Bylaw if acting in good faith.
13. SEVERABILITY PROVISION
13.1 Should any provision of this Bylaw be invalid, then such provision shall be severed and the remaining
Bylaw shall be maintained.
14. APPLICATION
14.1 The provision of this Bylaw shall apply to all lands within the boundaries of the Summer Village of
Castle Island.
15. RESCINDMENT
15.1 The Summer Village of Castle Island Bylaw #2014-03 is hereby rescinded.
16. EFFECTIVE DATE
16.1 This Bylaw shall come into effect on the date of final passing.
READ a FIRST time in Council this _____ day of ______, 2017
__________________________________ _______________________________
Mayor CAO
READ a SECOND time in Council this _____ day of ______, 2017
__________________________________ _______________________________
Mayor CAO
READ a THIRD time and FINALLY passed in Council this _____ day of ______, 2017
__________________________________ _______________________________
Mayor CAO
Summer Village of Castle Island Dog Control Bylaw
2017-03
Schedule "A"
WHEREAS under the provisions of Section 44 of the Provincial Offences Procedure Act, being the Revised
Statutes of Alberta and amendments thereto and under the provisions of Section 7 of the Municipal
Government Act (Alberta), R.S.A. 2000, c M-26 and amendments thereto, the Council of a municipality may
by Bylaw provide for the payment fines for offences, or summons out of Court.
WHEREAS a Violation Ticket may be issued by an Enforcement Officer to any person charged with a breach
of any of the provisions of this Bylaw.
Bylaw Section
Offence
Fine
3.1
Running at Large
$250.00
3.2, 2.15,6
Bite, attempt to bite, bark at, chase other domestic
animal or person, chase vehicle, defecate on
private/public property, or cause any damage or nuisance
thereon
$250.00
3.3, 3.4
Howl or bark excessively
$250.00
3.5
Causing harm or distress to animal
$500.00
5.4
Obstructing an Enforcement Officer
$1,000.00
Vicious Dogs
7.4
Failure to properly confine Vicious Dog OT on the
property of the Owner
$1,000.00
7.5
Failure to properly confine Vicious Dog on Owner's
property
$1,000.00
7.6
Failure to Notify Enforcement Officer of Vicious Dog at
large
$1,000.00
7.6
Failure to post Vicious Dog Signs
$500.00
7.8
Failure to confine Guard Dog properly, failure to post
Guard Dog signs
$250.00
8.4
Failure to Comply with Order
$500.00
Bylaw Section
FEES
Amount
6.2, 6.3
Impound Fees
$20.00/day
10.2
Dog Surrender Fee
$150.00
*Applicable veterinarian expenses will be added to any
fine or fee specific above, where applicable.
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