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Bylaw 437/07
A Bylaw of the Village of Duchess,
To provide for the licensing, regulating and confinement of cats
Whereas, by virtue of the power conferred on it by the Municipal Government Act, the
Council of the Village of Duchess, in the Province of Alberta duly assembled, enacts as
follows:
Title: This bylaw may be cited as the "Cat Control Bylaw".
Definitions:
1.
Animal Control Officer- means Bylaw Enforcement Officer, or other person or
persons appointed by Village of Duchess Council to maintain animal control.
2.
Bylaw Enforcement Officer- means a person appointed as such by resolution of
Council, or Peace Officer appointed by Alberta Justice.
3.
Cat- means the male or female of the feline family.
4.
Village- means the municipal corporation of the Village of Duchess or the area
contained within the boundary.
5.
Owner- means a person who has legal claim to the cat, and includes any person
who has possession or custody of the cat.
6.
Running at large- means a cat that is anywhere but on their owner's property.
Licensing Provisions
7.
Every person who owns any cat more than 3 months old shall pay to the Village
of Duchess a yearly fee as set out in Schedule A of this Bylaw. The fees shall become
due and payable on the first day of January of each year and shall be for the period of
January 1st to December 31st of each year.
8.
A cat owner shall provide to the Village of Duchess the following information
with each application for a cat license: name, telephone number, street and mailing
address of the owner.
9.
The Village in its sole discretion may revoke a cat license upon 30 days written
notice to the owner.
Running at large
10.
The owner of a cat shall ensure that the cat is not running at large.
11.
Where a cat is running at large, the owner or occupant of that property on which
the cat is running at large may make a complaint to the Bylaw Enforcement Officer.
Impoundment
12.
A Bylaw Enforcement Officer may capture and impound any cat running at large
with respect to which a complaint under this Bylaw has been made.
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Obstruction
13.
No person, whether or not he is the owner of a cat which is being or has been
pursued or captured shall interfere with or attempt to obstruct a Bylaw Enforcement
Officer who is attempting to capture or who has captured a cat which is subject to
impoundment pursuant to the provisions in this Bylaw.
14.
If the Bylaw Enforcement Officer knows the name and current address of the
owner of any impounded cat, he shall serve the owner with a Notice as in Schedule B of
this Bylaw, either personally or by leaving or mailing it to the current t address of the
owner.
15.
An owner to whom a Notice is mailed pursuant to the provisions in section 14 is
deemed to have received a Notice within 48 hours of the time it is mailed.
Reclaiming
16.
The owner of any impounded cat may reclaim the cat by paying to the Village of
Duchess the costs of impoundment as set out in Schedule C of this Bylaw.
Sale or Destruction
17.
The Bylaw Enforcement Officer may sell or euthanize an impounded cat once the
following conditions have been met:
a.
The cat has been retained for 1 day, excluding statutory holidays, after the
owner has received notice or is deemed by section 15 to have received notice that the cat
has been impounded.
b.
The cat has been retained for 2 days, excluding statutory holidays, when
there is no known owner or identifying tags.
18.
The Bylaw Enforcement Officer may retain a cat for a longer period or may
euthanize a cat after a shorter period if in his opinion the circumstances warrant.
19.
The purchaser of a cat must pay for the care and sustenance of the cat (Schedule
C) and purchase a Village of Duchess pet license (Schedule A) for the cat. The
requirement to purchase a license only applies if the purchaser and cat reside within the
Village of Duchess.
Penalties
20.
Where a Bylaw Enforcement Officer believes that a person has contravened any
provisions of this Bylaw, he may commence proceedings by issuing a summons by
means of a violation ticket in accordance with Part 2 of the Provincial Offences
Procedure Act Chapter P-34.
21.
The specified penalty payable in respect of a contravention if a provision of this
Bylaw is the amount shown in Schedule C of this Bylaw in respect of that provision.
22.
Notwithstanding Section 21:
a.
where any person contravenes the same provisions of this Bylaw twice
within on twelve month period, the specified penalty payable in respect of the second
contravention is double the amount show in Schedule C of this Bylaw in respect of that
provision, and
b.
where any person contravenes the same provision of this Bylaw three or
more times within one twelve month period, the specified penalty payable in respect of
the third or subsequent contravention is triple the amount shown in Schedule C of this
Bylaw in respect of that provision.
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Summary Conviction
23.
Any person who contravenes any provision of the Bylaw is guilty of an offence
and is liable on summary conviction to a fine of not more that two thousand five hundred
dollars ($2500.00) and in default of payment is liable to imprisonment for a term not
exceeding six (6) months.
24.
The levying and payment of any fine or the imprisonment for any period provided
in the Bylaw shall not relieve a person from the necessity of paying any fees, charges or
costs from which he is liable under the provisions of this Bylaw.
25.
This Bylaw shall come into force upon receiving third reading.
Read a first time this ____ day of ____________, 2007.
Read a second time this ____ day of ______________, 2007.
Read a third and final time this ____ day of ______________, 2007.
_____________________________
_____________________________
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Schedule A:
Bylaw 437/07
Fees for licenses
A1.
Neutered male or spayed female cat
$ 5.00
A2.
Male cat that has not been neutered or a female
Cat that has not been spayed
$10.00
A3.
Replacement tag
$ 4.00
A4.
One time license fee for a tattooed cat
$10.00
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Schedule B:
Bylaw 437/07
Notice
You are hereby notified that a cat bearing identification showing your name and address,
was impounded on ____________ ___, ____. Pursuant to the provisions of Bylaw
437/07 of the Village of Duchess, and that, unless the said animal is claimed and all
impoundment charges are paid, on or before ____________ ___, ____, the said cat will
be sold or euthanized pursuant to the said Bylaw.
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Schedule C:
Bylaw 437/07
Amount to be paid to the Bylaw Enforcement Officer by the owner of a cat in order to
reclaim or euthanize a cat.
1.
Impoundment fee- unlicensed cat
$40.00 * Plus licensing
2.
Impoundment fee-unaltered cat
$30.00 *
3.
Impoundment fee-spayed or neutered cat
$15.00 *
4.*
Care and sustenance-per day or a portion of a day
$ 5.00
(This will be added to all impoundment charges)
5.
Veterinary fees
amount expended
6.
Obstruction
$100.00
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Bylaw 437/07
License # __________________
Date _____________________
Information required to license a cat within the Village of Duchess.
Owners name ______________________________________________
Street address ______________________________________________
Mailing address _____________________________________________
Phone # Home ____________ Cell _____________ Work ___________
Alternate contact ____________________________________________
Name of cat ____________________________________
Neutered or Spayed _________
Color of cat _________________________________
Identifying marks or id tags ____________________________
____________________________