Licensing, Regulating, and Control of Animals Bylaw 538 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 623adf34ebd0 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## By-Law No. 538 BEING A BY-LAW OF THE VILLAGE OF COUTTS, IN THE PROVINCE OF ALBERTA, TO PROVIDE FOR THE LICENSING, REGULATING THE CONTROL OF ANIMALS, DOMESTIC OR WILD, WITHIN THE VILLAGE OF COUTTS LIMITS. WHEREAS Section 7 of the Municipal Government Act, being Chapter M-26 of the Revised Statues of Alberta, 2000, as amended, provides for the passing of by-laws to regulate and control animals, wild or domestic, livestock and poultry, within the municipality. NOW THEREFORE, the Municipal council of the Village of Coutts, in the Province of Alberta, duly assembled, hereby enacts as follows: 1. That this by-law may be cited as the Animal Control By-law. 2. In this by-law, unless the context otherwise requires: - I. By-law Enforcement Officer- means a person appointed by the Village of Coutts to carry out the provisions of this by-law and anyone acting or authorized by the by-law control officer to act on his behalf. 4. Il. Day- means a continuous period of 24 hours. - III. Dog-means either a male or female dog - IV. Dog Fancier's License- means a dog license issued annually to an owner permitting the keeping or harboring, on land or premises occupied by the owner, of up to six (6) licensed dogs over the age of three (3) months - V. Domestic Animal-means and includes any dog, cat or any animal reclaimed from a wild state and adapted to live with man, not including "livestock" and "poultry" as defined herein - VI. Former Owner-means a person, who at the time of impoundment, was the owner of an animal which has subsequently been sold or destroyed - VII. Kennel-means a dwelling, shelter, room or place so considered, housing or keeping three (3) or more dogs over the age of one (1) month - VIII. Livestock-means horses, cattle, sheep, swine, donkeys, goats, rabbits, and fur bearing animals raised in captivity. - IX. Poultry-means chicken, turkey, geese, pigeons, ducks, and ornamental birds - X. Pound-means a place the Village Council shall provide or designate for the confinement of animals impounded. - XI. Running at Large-means an animal, or animals, which are not under the control of a person responsible and is, or are, actually upon property in respect of which the owner of the animal or animals, does not have the right of occupation, or upon any highway - XII. Village-means the Municipal Corporation of the Village of Coutts in the Province of Alberta - XIII. Vicious Dog-is any dog with a propensity, tendency or disposition to attack or injure, without provocation, other animals or humans, which attacks, bites or injures without provocation any human or animals or which represents a continuing threat of serious harm to persons or animals - XIV. Wildlife-manes big game, game birds, birds of prey, fur bearing carnivores and any other species of vertebrates designated wildlife by the Wildlife Act and the regulations passed pursuant thereto. 3. Responsibilities of Animal Owners The owner of an animal shall: - I. Ensure that the animal is not running at large and 19. Il. Shall be deemed to have failed or refused to comply with the requirements of the previous sub-section unless he/she proves, to the satisfaction of the Court trying the case that he had taken all reasonable precautions either 20. i)to secure the animal so that it would not be able to leave the premises of the owner, or ii)to ensure that the animal is on a leash, adequate to restrain it, at all times that it is off the owners premises. 4. Nuisance The owner of an animal shall ensure that such animal shall not become a nuisance by: 22. Biting or chasing a person or persons whether on the property of the owner or not - II. Biting, barking at, or chasing livestock, bicycles, automobiles, or other vehicles, 24. Barking, howling or otherwise disturbing any neighbors. - IV. Causing damage to property or other animals - V. The owner of a female dog which is in heat shall keep the dog housed and confined. - VI. An owner whose animal defecates on property other than his/her own shall remove forthwith, any defecated matter deposited 3. Any owner of an animal which is found upsetting waste receptacles or scattering 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 animal, is guilty of an offense provided in Section 3(1) and upon conviction thereof, in addition to any penalty imposed upon him/her, be civilly liable to the Village of any expense directly or indirectly incurred by it in connection with the receptacle being upset or the waste scattered. ## 5. Licensing - The owner of a dog shall obtain an annual license for each dog and cat, and pay therefore, an annual fee as follows: - a) Unspayed female or unneutered male - $30 - b) Spayed female or neutered male - $5 - lI. Notwithstanding Subsection 5(1), the licensing provisions of the by-law where a person is blind or whose vision is impaired, is the owner of a dog, trained and used as a guide dog, there shall be no fee payable to the owner for a license under this by-law - III. Obtain an animal license for each animal on or before January 15t of each year. - IV. Subject to the provisions of 5(6), obtain a license for it on the first day when the Village Office is open for business after the animal reaches 6 months of age. - V. Shall obtain the license for an animal on the first day on which the Village office is open for business after he becomes the owner of the animal - VI. Shall obtain a license for a dog notwithstanding that it is under the age of six months where the dog is found running at large. - VII. The owner of a dog shall ensure that his/her dog wears a collar and current license. - VIII. No person shall be entitled to a refund under this by-law - IX. No license shall be transferrable from one animal to another animal - X. Where a license required pursuant to this Section has been paid by the tender of an uncertified cheque, the license is issued subject to the cheque being accepted and cashed by the bank without mention of this condition being made on the license, and is automatically revoked if the cheque is not accepted by the bank of which it is issued - XI. The maximum number of dogs and cats in a single family dwelling or household shall be restricted to (3) over the age of three months except in the case where an owner is in receipt of a Dog Fancier License, ie 3 dogs and 3 cats. - XII. A Dog Fancier License shall be issued upon payment of the fee specified in Schedule "A" of this By-law. Each dog owner under a Dog Fancier's License shall be licensed pursuant to Section 5 of this by-law. - i.The Administrator may revoke the Dog Fancier's license upon receipt of bona fide complaints from two or more neighbors residing within 60 meters of the residence of the license. - ii.OR, if in his/her opinion there are just and reasonable grounds for the revocation or suspension of the license. - iii.Upon a license being revoked or suspended as hereinbefore provided, the Administrator shall notify the licensee thereof - a) By delivering a notice to him/her personally - b) Or by mailing a registered letter to his place of business or residence 1. In every case where: - a) A request for a dog fanciers license has been refused - b) A dog fanciers license has been revoked or suspended, the person seeking the license may appeal to the Village Council 2. An appeal from subsection 1 hereof shall be made by the applicant within thirty (30) days after such refusal, revocation or suspension. 3. All appeals shall be made in writing addressed to the Municipal Administrator of the Village of Coutts, and shall be dated as of the date received by the Municipal 4. Village Council after hearing the applicant may: - a) Direct a dog fanciers license to be issued or reinstated - b) Direct a dog fanciers license to be issued or reinstated with conditions - c) Refuse to grant a dog fanciers license - d) Uphold the revocation or suspension of a dog fanciers license, on grounds which appear just and reasonable. - XIII. The Village office shall keep a record of the name and municipal address of the owner, the breed, color and sex of the dog and the number stamped on the tag issued to the owner. ## 6. Animal Control Operation - Authority A By-Law Enforcement Officer, A constable or an Animal control Officer, or any person authorized by this by-law, may capture and impound any animal - I. He believes or has reasonable grounds to believe an offence under this by-law is being or has been committed. 2. Il. Which is required to be impounded pursuant to the provisions of any statute of Canada or the Province of Alberta, or any regulation, made thereunder. - III. A By-law enforcement officer, a constable or animal control officer of the Village or any person Authorized by this by-law to enforce the provisions contained herein, may enter onto the land surrounding any building in pursuit of any animal which has been observed running at large. 4. The Village Council shall establish such number of pounds and appoint such by-law enforcement officers as are necessary to provide reasonable facilities for the impounding 5. of domestic animals running at large. ## 7. Animal Control Operations - Kennels - I. A kennel shall not be permitted on residential property unless the kennel is located not less than 100 feet from any other person's property and 2. Il. Further provided that if written complaints are received at the Village Office, or damage is proven as a result of the kennel, Council may direct that the person operating the kennel move or cease to operate same. ## 8.Obstructions No person, whether or not he/she is the owner of an animal which is being or has been pursued or captured, shall: - I. Interfere with or attempt to obstruct a By-law Enforcement Officer, or Constable or An animal control Officer who is attempting to capture or who has captured an animal which is subject to being impounded pursuant to the provisions of this by-law. 2. Il. Pursuade the animal to enter a house or other place where it may be safe from capture or otherwise assist the animal to escape capture. - III. Falsely represent himself as being in charge or control of an animal so as to establish that the animal is not running at large, or - IV. Unlock or unlatch or otherwise open the pound van or vehicle in which animals are kept for impoundment have been placed so as to allow or attempt to allow any animal to escape therefrom. ## 9.Negligence No person, shall - I. Untie, loosen or otherwise free an animal which has been tied or otherwise restrained, or - II. Negligently or willfully open a gate, door or other opening in a fence or enclosure in which an animal has been confined and thereby allow an animal to run at large within the Village. 10.No person shall own, keep, maintain or harbor a domestic animal of known vicious propensity, such as bit pulls, etc. ## 11. Torment No person shall tease, torment or annoy an animal ## 12. Reclaiming an Animal - I. The owner of any impounded animal may reclaim the animal from the pound by paying to the Village of Coutts the fees as follows and by obtaining the license for such animal should a license be required under this by-law. 2. b)2"d occurrence- $200 + $5 per day for handling, food and water - a) 1s occurrence - $200 + $5 per day for handling, food and water 4. c)3rd and subsequent occurrences- $200 + $5 per day for handling, food and water - II. If at the expiration of a seventy-two (72) hour period from the time a domestic animal was first impounded it has not been redeemed, it may be sold or destroyed. - III. For the purpose of calculating the seventy-two (72) hour period of impoundment of a domestic animal, the date of impoundment included, but Saturdays, Sundays and holidays shall be - IV. The purchase of a domestic animal from the pound pursuant to the provisions of this section shall obtain full right and title to it and the right and title of the former owner to the domestic animal shall cease thereupon. - V. Impounded domestic animals shall be sold by the Village of Coutts at a price of no less than charges and costs levied against the domestic animal - VI. Disposal of all domestic animals as required by this by-law shall be done through euthanasia Performed by a veterinarian 5. 14.No person shall have or keep a wildlife animal or bird alive within the Village of Coutts 6. 15.No person shall keep livestock, poultry or bees, other than one pet rabbit per household within 7. the Village of Coutts, unless the location on which such livestock, poultry or bees are kept falls within one of the following classifications: - I. Those areas of the Village of Coutts which would be classified as farms in compliance with the requirements of the Land Use By-Law 9. Those locations in the Village of Coutts for which development approvals has been granted pursuant to the requirement of the Land Use By-Law and those locations in which an existing use does not conform to the Land Use By-Law continues legally, where the permitted or legal non-conforming involves a farm, a packing plant, a livestock auction market, or a similar ## 16. No person while raising livestock or poultry shall create, establish or maintain: - I. Any stable, byre or other building in which birds or animals are kept in a such a manner or in numbers as to be injurious or dangerous to health or which may hinder in any manner the prevention or suppression of disease. - II. Any accumulation or deposit of refuse, wherever situated, which is injurious to health or which may hinder in any manner the prevention or suppression of disease. 3. Ill. Any deposit or offensive matter, refuse, offal or manure contained in uncovered vehicles at any Station or siding or elsewhere so as to be injurious to health, or which may hinder in any Manner the prevention or suppression of disease. - IV. Any accumulation of refuse wherever situated, for so long a period as to provide a breeding place for flies or creation of odors. 5. 17.All livestock or poultry, while not under the direct control of a person shall be placed in a fenced or Other secure area which will prevent the free roaming of such livestock or poultry. ## 18. Penalties - Voluntary Payment Tickets - I. Where a By-Law Enforcement Officer, a Constable or an Animal Control Officer of the Village, or any person authorized by this by-law, believes that a person has contravened any provisions of this by-law, he/she may serve upon such person a tag as provided in this section either personally by mailing, or by leaving the same at his last known address and such service shall be adequate for the purpose of this by-law. - II. A tag shall be in such form as determined by the Village Council and shall state the section of this by-law which as contravened and the amount payable according to Appendix "A" of this by-law, or to section 12 (I) above, whichever applies, in the form accepted by the Village of Coutts in lieu of prosecution. - III. Upon presentation of a tag, issued pursuant to this section, within ten (10) days from the date of issue thereof, together with the payment to the Village of Coutts of the fee as provided on the tag, the person to whom the tag was issued shall not be liable for prosecution for the contravention in respect of which the tag was issued. - IV. Nothing in this section shall: 5. a)Prevent any person from exercising his right to defend any charge of committing a breach of the provisions of Sections 3, 4, 5, 8 and 10. 6. b)Prevent any person from laying an information and complaint against any other person for committing a breach of any of the provision of Sections 3, 4,58 and 10 of this by-law 7. c)Prevent any Peace Officer or By-Lay Enforcement Officer appointed specifically to enforce the provisions of Sections 3, 4, 5, 8, and 10 of this by-law. - V. Where any person has made a payment to the provisions of this section and is prosecuted for the office in respect of which such payment has been made, such payment shall be refunded. ## 19.Summary Conviction A person who contravenes a provision of this by-law doing something which he/she is prohibited from doing, or by failing to do something which he/she is required to do, or by doing something in a manner different from which he is required or permitted to do by this by-law, is guilty of an offence and liable, upon summary conviction, to fines set out in regulations passed pursuant hereto. 20. It is the intention of the Village Council that each separate provision of this by-law shall be deemed independent of all other provisions herein and it is further the intention of the Village Council that if any provisions of this by-law be declared invalid, all other provisions thereof shall remain valid and enforceable. 21. By-Law Number 525 is hereby rescinded. 22. This by-law shall come into effect upon the date of the final reading thereof.     Read a first time this 7* day of January, A.D. 2014 Mayor Read a second time this 7* day of January, A.D. 2014 Lou Ralp CAO hito Mayor Lou Raf Read a third time and finally passed this 7* day of January, A.D. 2014   ## APPENDIX A BY-LAW NUMBER 538 ## ANIMAL CONTROL TICKET THIS TICKET IS ISSUED FOR BREACH OF SECTION(S) THE VILLAGE OF COUTTS BY-LAW NUMBER 525 \_OF PENALTY \_$200 (TWO HUNDRED) FOR FIRST OFFENCE $200 (TWO HUNDRED) FOR SECOND OFFENCE $200 (TWO HUNDRED) FOR 3R° AND SUBSEQUENT OFFENCE UPON PRESENTATION OF THE ANIMAL CONTROL TICKET WITH IN TEN (10) DAYS FROM THE DATE OF SERVICE OF THE ANIMAL CONTROL TICKET, TOGETHER WITH VOLUNTARY PAYMENT OF THE PENTALY INDICATED, PROSECUTION WILL BE WAIVED. ## FAILURE TO DO SO - WILL RESULT IN PROSECUTION PAYMENT TO BE MADE TO: THE VILLAGE OF COUTTS PO BOX 236 COUTTS, AB TOK ONO NAME: ADDRESS: DATE OF SERVICE OF TICKET: OFFENCE: LOCATION OF OFFENCE: TIME OF OFFENCE: DESCRIPTION OF ANIMAL: - [ ] MALE \_ - [ ] FEMALE\_ ANIMAL IMPOUNDED: YES TICKET ISSUED BY: - [ ] NO RECEIPT NUMBER SCHEDULE "A" BYLAW 538 LICENSE FEES FEMALE/MALE: UNSPAYED DOG OR CAT FEMALE/MALE: SPAYED DOG OR CAT $30.00 $ 5.00 DOG FANCIER LICENSE: $100.00