Bylaw No. 08-2024 Dog Control

County of Two Hills No. 21, Alberta

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COUNTY OF TWO HILLS NO. 21 IN THE PROVINCE OF ALBERTA BYLAW NO. 08-2024 A BYLAW OF THE COUNTY OF TWO HILLS NO. 21 IN THE PROVINCE OF ALBERTA TO PROVIDE FOR THE REGUALTING AND CONFINEMENT OF DOGS IN HAMLETS AND LAKE SUBDIVISIONS. WHEREAS, by virtue of the power conferred on it by the Municipal Government Act, the Council of the County of Two Hills No. 21, in the Province of Alberta, duly assembled, enacts as follows: NOW THEREFORE BE IT ENACTED: 1. Short Title 1.1. This By-Law shall be known and may be cited as the Dog Control Bylaw of the County of Two Hills No. 21. 2. Interpretation 2.1. In this By-Law, the following terms (unless the context specifically requires otherwise) shall have the following meanings: a) "Animal Protection Act" means the Animal Protection Act, b) "Animal shelter" means a facility contracted by the County for the purposes of housing and providing care for impounded dogs or other animals, collecting fees, and otherwise assisting with the administration of this bylaw, and may include a veterinary clinic; c) "At Large" a dog that is away from its owner's property, not under control, with the owner not within sight of the dog, and not secured by a leash. d) "Controlled Confinement" means the confinement of a dog in a pen, cage, or building, or securely tethered in a manner that will not allow the dog to bite, harm, or harass any person or animal. e) "County" means the County of Two Hills No. 21. f) "Dog" means either the male or female of any domesticated canine species. g) "Bylaw Enforcement Officer" means a By-Law Enforcement Officer appointed by the County to perform duties under this By-Law, including members of the Royal Canadian Mounted Police and authorized Special Constables. h) "Dog Show" means any event for showing or exhibiting dogs, sanctioned or recognized by the Canadian Kennel Club. i) "Hamlets" include the following: i. Beauvallon ii. Brosseau iii. Duvernay iv. Hairy Hill v. Musidora vi. Morecambe vii. Willingdon viii. Derwent j) "Dog Training School" means a facility where the primary purpose is dog training under the direct supervision of a qualified dog trainer. k) "Kennel" means any property where four (4) or more dogs are harbored, boarded, or sheltered within the County. l) "Land Use By-Law" means the County's Land Use By-Law as amended. m) "Owner" means: i. a person who has care, charge, or control of a dog; ii. a person who owns or claims an interest in a dog; iii. a person who permits a dog to be present on property owned or controlled by them; iv. a person who claims and receives a dog from the place of impoundment n) "Permitted Leash" means a leash adequate to control the dog, not exceeding two metres in length. o) "Possession" means: i. having physical or effective control of a dog; ii. having given control to another person temporarily; iii. where multiple persons have control, each shall be deemed to have control. p) "Property Owner" means any person with a legal interest in land or buildings, including residents and tenants. q) "Public Property Area" means property owned or managed by the County. r) "Subdivisions" include the following: i. Lac Sante ii. Jackfish Lake iii. Sandy Lake iv. Crissel Estates s) "Vicious Dog" means: i. any dog with a known propensity to attack without provocation; ii. any dog deemed dangerous by a Justice under the Dangerous Dogs Act of Alberta. 3. Animal Distress Provisions 3.1. No person shall cause or permit an animal to be in distress, nor shall an owner or caregiver allow an animal to remain in distress, as defined under the Animal Protection Act. 3.2. Should a peace officer or Bylaw Enforcement Officer determine that an animal is in distress, they are empowered to take actions in accordance with the Animal Protection Act, including but not limited to removing the animal from its environment. 3.3. If a dog is found abandoned/dropped off anywhere in the County of Two Hills rural, hamlets or lake divisions, a Bylaw Enforcement Officer may: iii. Retrieve the dog and transport it to the animal shelter. iv. Make reasonable efforts to identify the owner of the dog. 3.4. Any owner or caregiver found to be in violation of Section 3.1 shall be subject to penalties as specified under the Animal Protection Act, in addition to penalties outlined in this By-Law. 4. Dog Control Provisions 4.1. An owner whose dog is at large is guilty of an offence. 4.2. An owner of a female dog in heat must confine it in a building during its cycle, allowing outside time only to eliminate. 4.3. An owner whose dog barks or howls disturbingly is guilty of an offence. 4.4. An owner of any dog that damages any public or private property within a hamlet within the County is guilty of an offence. 4.5. The County may post signs prohibiting dogs in certain public areas. An owner whose dog is in a posted area is guilty of an offence. 4.6. Any individual who keeps more than two (3) dogs older than six (6) months in a hamlet within the County is committing an offense. 4.7. Section 3.6 does not apply if: i. The County has issued a valid development permit allowing for a kennel or veterinary clinic; ii. The property is used for a dog show; 4.8. An owner is guilty of an offence if the dog: i. threatens, attacks, or harasses any person; ii. chases any person on foot, bicycle, or horseback; iii. injures or kills any animal belonging to another person. 4.9. An owner of a vicious dog is guilty of an offence if the dog is not securely enclosed or is not on a permitted leash controlled by the owner. 4.10. An owner does not need a leash a dog at a dog show or dog training school. 4.11. Interfering with a Bylaw Enforcement Officer in their duties is an offence. 5. Animal Shelter Provisions 5.1. Establishment and Purpose The County shall establish a contract with an animal shelter to house and provide care for impounded dogs and other animals, collect fees, and assist with the administration of this bylaw and the Animal Protection Act. 5.2. Responsibilities of the Animal Shelter The animal shelter shall have the following responsibilities: i. To provide safe and humane housing for impounded dogs and other animals. ii. To ensure that all animals in the shelter receive adequate care, including food, water, and veterinary treatment as necessary. iii. To maintain accurate records of all animals impounded, including their condition and the duration of their stay. iv. To facilitate the humane adoption of animals that have not been reclaimed by their owners. 5.3. Impoundment Process i. When a dog is impounded under this bylaw, the owner shall be notified as soon as reasonably possible and provided with the relevant information regarding the impounding process. ii. Impounded dogs will be held for a minimum of seventy-two (72) hours, excluding Sundays and statutory holidays, during which the owner may reclaim the dog by paying the applicable impoundment fee. 5.4. Fees The County shall establish fees for the impoundment and care of animals within the shelter. Fees are outlined in Schedule "B" attached to this bylaw. The fees collected will be used to maintain the operations of the animal shelter. 5.5. Care and Adoption If an impounded dog is not reclaimed by its owner within the specified holding period, the County may facilitate the humane adoption of the animal or take further action as prescribed by the Animal Protection Act. 6. Powers of a Bylaw Enforcement Officer 6.1. A Bylaw Enforcement Officer may capture, impound, and administer reasonable care, including veterinary treatment, to any dog at large. 6.2. Impounded dogs will be held for seventy-two (72) hours, excluding Sundays and statutory holidays, during which the owner can reclaim the dog by paying: i. The relevant impoundment fee in Schedule "B"; 7. Penalty Provision 7.1. Violation of this By-Law subjects the offender to fines as specified under "First Offence Penalty" in Schedule "A". 7.2. For second or subsequent offences within one (1) year, offenders may be subject to increased fines as specified under "Second Offence" in Schedule "A". 8. Violation Tags 8.1. A Bylaw Enforcement Officer may issue a Violation Tag for any suspected offences. 8.2. A Violation Tag may be served: i. personally; ii. by mail to the most recent address; or iii. upon retrieval of the person's dog from the shelter. 8.3. The Violation Tag must include: i. Owner's name; ii. Offence description; iii. Penalty details within 30 days; iv. Any required information. 8.4. Further Violation Tags may be issued for continuing offences, limited to one per day. 8.5. Upon receiving a Violation Tag, the recipient may pay the penalty instead of facing prosecution. 8.6. A Bylaw Enforcement Officer may issue a Violation Ticket without first issuing a Violation Tag. 9. Violation Ticket 9.1. If payment for a Violation Tag is not made, a Bylaw Enforcement Officer may issue a Violation Ticket under the Provincial Offences Procedure Act. 9.2. A Violation Ticket may be issued notwithstanding prior issuance of a Violation Tag. 10. Coming into Effect 10.1. Upon coming into force: Bylaw No. 8-2000 is repealed. Animal Control Bylaw Hamlet of Derwent 02-07 is repealed Animal Control Bylaw Hamlet of Willingdon 586-02 is repealed 10.2. That this Bylaw shall take effect on the date of the third and final reading. MOVED BY COUNCIL - That Bylaw No. 08-2024 be given first reading this 23rd day of October, 2024. MOVED BY COUNCIL - That Bylaw No. 08-2024 be given second reading this 23rd day of October, 2024. MOVED BY COUNCIL - That Bylaw No. 08-2024 be given third and final reading and finally passed this 23rd day of October, 2024. REEVE CAO