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TOWN OF EDSON BYLAW NO. 2313
Page 1 of 25
TOWN OF EDSON BYLAW NO. 2313
A Bylaw of the Town of Edson in the Province of Alberta, pursuant to the provisions of the Municipal
Government Act, RSA 2000, c. M-26, and amendments thereto, to establish standards for regulating,
licensing, and the control of animals throughout the municipality.
Section 7 of the Municipal Government Act provides Council may pass a Bylaw for the purpose of
regulation, licensing, and controlling animals within the Town of Edson;
The Council of the Town of Edson, in the Province of Alberta, enacts:
1. TITLE
1.1
This Bylaw may be called the "Responsible Pet Ownership Bylaw".
2. DEFINITIONS
2.1
In this Bylaw:
a.
"Altered" means spayed or neutered.
b.
"Animal" means any Dog or Cat but does not include Wildlife or Livestock.
c.
"Animal Shelter" means a humane society or caretaker as defined under the Animal
Protection Act.
d.
"Cat" means any domesticated male or female member of the feline family.
e.
"Chief Administrative Officer" or "CAO" means the individual appointed as the Chief
Administrative Officer in accordance with the Act, or their designate.
f.
"Council" means the municipal Council of the Town of Edson.
g.
"Dog" means any domesticated member of the canine family.
h.
"Foster Residence" means the residence of a person who is authorized by the Town to
provide a temporary home to a rescue Animal.
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i.
"Highway" has the same meaning as defined in the Traffic Safety Act, RSA 2000, c T-6.
j.
"In Heat" means a recurring period of sexual receptivity in many female mammals.
k.
"Licence" means a licence issued pursuant to this Bylaw;
l.
"Licence Tag" means an identification tag issued by the Town showing the Licence number
assigned to a specific Animal.
m. "Licenced Owner" means the person who applied for and obtained the Licence Tag for the
Animal.
n.
"Livestock" includes, but is not limited to:
(i)
Horse, mule, ass, swine, emu, ostrich, llama, alpaca, sheep, or goat;
(ii) Domestically reared or kept deer, reindeer, moose, elk, or bison; farm-bred, fur-bearing
animals including foxes and mink; animals of the bovine species;
(iii) animals of the avian species including chickens, turkeys, ducks, geese, or pheasants; and
(iv) All other animals that are kept for agricultural purposes but does not include Cats or
Dogs.
o.
"Motor Vehicle" has the same meaning given in the Traffic Safety Act, RSA 2000, c T-6.
p.
"Municipal Tag" means a tag or similar document issued by the Town under the Municipal
Government Act that alleges a bylaw offence and provides a person with the opportunity to
pay an amount to the Town in lieu of prosecution for the offence
q.
"Nuisance Animal" means any Animal that has been deemed to be a Nuisance Animal by the
CAO in accordance with this Bylaw.
r.
"Off Leash Area" means an area designated by the CAO where Dogs may be off leash.
s.
"Over-Limit Permit" means a permit granted under the authority of this Bylaw that allows a
person to keep more than the maximum number of Animals at their Foster Residence for the
purpose of fostering.
t.
"Owner" includes:
(i)
the Licensed Owner;
(ii) the person with legal title to the Animal;
(iii) the person who has possession, custody, or care and control of an Animal, either
temporarily or permanently; and
(iv) the person who harbours an Animal or allows the Animal to remain on their premises.
u.
"Peace Officer" means any Royal Canadian Mounted Police member, Community Peace
Officer, Bylaw Enforcement Officer, or any other person appointed by the Town to do any
act or perform any duty under this Bylaw.
TOWN OF EDSON BYLAW NO. 2313
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v.
"Prohibited Animals" means any animal that poses a risk to public health, safety, or welfare
and is not permitted within the Town including:
i.
Wild or exotic animals;
ii. Livestock unless allowed by permit or zoning;
iii. Invasive or regulated species under provincial or federal law; and
iv. Any animal deemed prohibited by the CAO or Bylaw Enforcement.
w.
"Recreational Area" means land or property within the Town that is owned, operated, or
controlled by the Town or any public or private school for recreational use, including but not
limited to playgrounds, play structures, school grounds and sports fields used for activities
such as baseball, field hockey, tennis, basketball, rugby, soccer, athletics, or football.
x.
"Running at Large" means an Animal that is not restrained by a Leash or otherwise under the
physical control of a person at a location other than:
(i)
The Owner's property;
(ii) Inside the boundaries of an Off Leash Area;
(iii) On private property with the consent of the owner of that private property;
(iv) During grooming; or
(v) While participating in an Animal sporting, training, or show event.
y.
"Service Dog" has the meaning as defined in the Service Dogs Act, SA 2007, c S-7.5, and
includes a Dog that is in training to become a Service Dog but does not include Dogs that are
no longer actively being used as a Service Dog.
z.
"Severe Injury" includes any injury that requires medical attention such as wounds requiring
sutures, or other wound repair and closing, or surgery, disfiguring or scarring lacerations,
broken bones, severe sprains, or any other similar serious injury, and any other injury as
determined to be severe by a Court, board, or Director upon hearing the evidence.
aa. "Town" means the Municipal Corporation of the Town of Edson, its administration and staff,
agents, or representatives.
bb. "Unaltered Animal" refers to an Animal that has not been Altered. It is also referred to as an
intact Animal.
cc. "Vicious Animal" means any Animal:
(i) Which has been declared a Vicious Animal under this Bylaw;
(ii) Which in the opinion of a Justice has a propensity to Attack, to cause injury to, or to
otherwise endanger the safety of a human, other Animal or Livestock; or
(iii) That has been declared to be a vicious or dangerous Animal pursuant to a bylaw of
another municipality; or
That has been the subject of an order issued by a Justice pursuant to the Dangerous Dogs
Act, RSA 2000, c D-3.
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dd. "Violation Ticket" has the same meaning as in the Provincial Offences Procedure Act.
ee. "Wildlife" has the meaning as defined in the Wildlife Act, RSA 2000, c W-10.
3. INTERPRETATION
3.1 The following rules apply to interpretation of this Bylaw:
a.
Headings, titles, and margin notes in this Bylaw are for ease of reference only;
b.
Gender-specific words, phrases, and references are intended to be gender-neutral, and the
singular includes the plural as the context requires;
c.
Every provision of this Bylaw is independent of all other provisions and if any provision of this
Bylaw is declared invalid by a Court, all other provisions of this Bylaw remain valid and
enforceable; and
d.
References to Bylaws and enactments in this Bylaw include amendments and replacement
Bylaws and enactments, and regulations and orders thereunder.
LICENSING REQUIREMENTS
4. LICENSING INFORMATION
4.1
A person must not own or keep any Animal within the Town unless that Animal has a Licence.
4.2
A Licenced Owner must:
a.
Be 18 years of age or older; and
b.
Apply for and obtain a Licence for their Animal within 15 days after acquiring possession of
the Animal or the Animal turning 6-month-old, whichever is earlier.
4.3
When applying for a license under this Bylaw, the applicant must provide the following:
a.
The name and telephone contact number of the Licenced Owner, or the individual
responsible if the Licenced Owner is a corporate body;
b.
A physical description of the Animal, including name, breed, gender, and age;
c.
The address where the Licenced Owner reside and where the Animal resides;
d.
If relevant, proof the Animal is Altered;
e.
Information about whether the Animal is the subject of any court orders or designations as
a Vicious or Dangerous Dog; and
f.
Any other information which the CAO may require.
4.4
No person will give false information when applying for a license pursuant to this Bylaw.
4.5
The Licenced Owner must immediately notify the Town if there is a change to the information
provided in the application for a Licence.
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4.6
Upon completion of an application and payment of the License fee, as set out in the Town's Fees
and Charges Bylaw, the Licenced Owner shall be given a Licence Tag.
4.7
The Licenced Owner must ensure its Animal always wears its Licence Tag when off the Owner's
private property.
4.8
A License must be renewed on or before February 28 each year. Licence fees are not prorated.
4.9
A license issued pursuant to this Bylaw is non-transferable and non-refundable.
4.10
If a Licenced Owner loses their Animal's Licence Tag, the Licenced Owner must immediately obtain
a new Licence Tag for a fee as set out in the Town's Fees and Charges Bylaw.
5. EXCEPTIONS TO LICENCE REQUIREMENTS
5.1
All Animals are required to have a Licence except:
a.
Dogs owned, controlled or in service with the Royal Canadian Mounted Police; and
b.
Animals accompanying a person who is visiting the Town for less than 30 days.
5.2
The following Animals are required to have a Licence Tag, but the Licenced Owner is not required
to pay the Licence fee:
a.
Service Dogs;
b.
Rescue Animals in a Foster Residence; and
c.
One Animal residing in the residence of a Licenced Owner who is over 65 years old. For
clarity, additional Animals residing in the residence of a Licenced Owner who is over 65 years
old are not exempt from the Licence fee.
6. NUMBER OF ANIMALS
6.1
No person shall keep more than 3 Dogs OR 3 Cats of an age more than 6 months unless that
person has obtained a valid business license from the Town.
6.2
No person shall have more than a total of 4 Animals in a residence, unless they hold a valid Town
business license for:
a.
the care and treatment of Animals operated and in charge of a veterinarian;
b.
a training or obedience class for Animals; or
c.
a pet store, kennel or Cattery.
7. ANIMAL FOSTERING
7.1
Persons who are fostering rescue Animals in a Foster Residence are required to obtain a Licence
for each Animal but are not required to pay the Licence fee.
TOWN OF EDSON BYLAW NO. 2313
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7.2
Animals residing at a Foster Residence must wear a Licence Tags which includes the Foster
Resident phone number.
7.3
Persons who are fostering rescue Animals in a Foster Residence are not required to pay a fee to
replace lost Licence Tags.
7.4
Persons who are fostering rescue Animals may have more than 4 Animals residing at the Foster
Residence if they apply for and obtain an Over-Limit Permit.
GENERAL CARE AND CONTROL
8. OFF PROPERTY
8.1
The Owner of an Animal will ensure that if the Animal is off the Owner's property, the Owner has
care and control of the Animal, and the Animal is held on a Leash not exceeding two metres in
length.
9. RUNNING AT LARGE
9.1
The Owner of an Animal will ensure that the Animal is not Running at Large, unless otherwise
permitted by this Bylaw.
10. DOGS IN OFF LEASH AREA
10.1
The Owner of a Dog is not required to have the Dog on a Leash in an Off Leash Area.
10.2
The Owner will:
a.
Not allow or permit more than 3 Dogs in their custody in an Off Leash Area;
b.
Be physically capable of controlling and restraining all Dogs in their custody in an Off Leash
Area; and
c.
Carry an appropriate leash for all Dogs in their custody while in an Off Leash Area.
10.3
No Owner of a dog In Heat, a dog suffering from a communicable disease, or a Vicious dog will
permit the dog to be in an Off Leash Area at any time.
10.4
A Peace Officer may, upon determining an Owner is in contravention of any provision of this part
of this Bylaw, order the Owner to:
a.
Restrain the Dog by means of a Leash; and
b.
Remove the Dog from an Off Leash Area.
TOWN OF EDSON BYLAW NO. 2313
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11. ANIMALS IN PROHIBITED AREAS
11.1
The Owner of an Animal will ensure that the Animal does not enter, or remain in or on:
a.
A Recreational Area; or
b.
Any other area which has been designated by the CAO as an area where Animals are
prohibited and where a sign prohibiting Animals has been posted.
12. UNATTENDED ANIMALS
12.1
The Owner of an Animal will ensure that the Animal is not left unsupervised while tethered or tied
on:
a.
Private property; or
b.
On premises where the public has access, whether the access is express or implied.
12.2
The Owner of an Animal will not leave the Animal unattended in a Motor Vehicle unless:
a.
The Animal is restrained in a manner that prevents contact between the Animal and any
member of the public; and
b.
The Animal has suitable ventilation. For the purposes of this Bylaw suitable ventilation is the
provision and maintenance of air flow and air quality conditions that ensures the wellbeing
of an Animal, preventing any form of distress.
13. ANIMALS IN HEAT
13.1
The Owner of an Animal that is in Heat will confine the Animal indoors or within a building or
enclosure which will prevent the escape of the Animal or entry of other Animals until the Animal
is no longer In Heat.
13.2
The Owner of an Animal that is In Heat may allow the Animal to leave the building or enclosure
to urinate, defecate, or exercise if the Owner always maintains the Animal under care and control,
and immediately returns the Animal to the building or enclosure upon completion of urinating,
defecating, or exercising. The Animal must always remain on the Owner's property.
14. COMMUNICABLE DISEASES
14.1
The Owner of an Animal or Livestock which are suffering from a communicable disease will:
a.
Not permit the Animal or Livestock to be in any public place;
b.
Not permit the Animal or Livestock to be in contact with or in proximity to any other Animal
or Livestock;
c.
Keep the Animal or Livestock confined or restrained; and
d.
Immediately report the matter to the Medical Officer of Health or the Office of the Chief
Provincial Veterinarian as the case may be, and the CAO.
TOWN OF EDSON BYLAW NO. 2313
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14.2
A Peace Officer that has reasonable grounds to believe that an Animal found Running At Large
may have, or has been, exposed to rabies or another communicable disease may confine that
animal at an Animal Shelter, veterinary facility, or any other location as directed by the chief
provincial veterinarian.
14.3
A Peace Officer that has reasonable grounds to believe that an Animal within the Town has, or
has been exposed to, rabies or another communicable disease shall report the matter to the chief
provincial veterinarian as soon as reasonably possible.
15. DEFECATION
15.1
If an Animal defecates on any property other than the property of its Owner, the Owner will
remove such feces immediately.
15.2
If an Animal is on any property other than the property of its Owner, the Owner will have in their
possession a suitable means of facilitating the removal of the Animal's feces.
15.3
The Owner of an Owner must remove and properly dispose of Animal feces immediately.
16. NOISE
16.1
An Owner of an Animal shall not allow the Animal to excessively bark, howl, or otherwise make
or cause such noise which, in the opinion of the Peace Officer, is likely to annoy or disturb the
peace of any person.
16.2
In determining whether the noise being made by an Animal is likely to annoy or disturb the peace
of any person, the Peace Officer may consider, but is not limited to, the following:
a.
The duration of the noise;
b.
The time and day;
c.
The nature and use of the surrounding area;
d.
The impact or effect of the barking or howling on others;
e.
Documentation of the barking or howling.
17. THREATENING BEHAVIOURS
17.1
The Owner of an Animal will ensure that the Animal does not:
a.
Bark at or chase other Animals, Wildlife, Livestock, or other domesticated household pets;
b.
Bark at or chase bicycles, Motor Vehicles, or other vehicles;
c.
Growl, lunge, snarl, chase, or otherwise threaten a person, whether on the property of the
Owner or not;
d.
Bite, Attack, or cause damage to property, Animals, Wildlife, Livestock, or other
domesticated household pets, whether on the property of the Owner or not;
e.
Cause Severe Injury to an Animal, Wildlife, Livestock, or other domesticated household pets;
f.
Cause death to an Animal, Wildlife, Livestock, or other domesticated household pets;
TOWN OF EDSON BYLAW NO. 2313
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g.
Bite, Attack or cause Severe Injury of a person or persons whether on the property of the
Owner or not, unless the person is a trespasser of the property owner; and
h.
Commit any other act that threatens or injures a person or Animal whether on the property
of the Owner or not.
17.2
No Owner will use or direct an Animal to Attack, chase, harass or threaten a person, Animal,
Wildlife, Livestock, or other domesticated household pets.
18. SCATTERING OF GARBAGE
18.1
The Owner of an Animal will ensure that the Animal does not upset any outdoor waste receptacle
or scatter garbage on any Highway or garbage on public property.
18.2
If an Animal upsets a waste receptacle or scatters garbage, the Owner of an Animal will
immediately return any upset waste receptacle to an upright position and clean up any garbage
that is scattered on the Highway or other public property.
19. OTHER ANIMALS
19.1
Unless so permitted by the CAO, no person will allow Livestock owned or controlled by them to
be in a Recreational Area, or on a pathway or Highway. This section will not apply to:
a.
Horses owned and ridden by the Royal Canadian Mounted Police; or
b.
Livestock ridden or used in a Town sponsored event, approved community event, or parade.
19.2
The Owner of Livestock will remove defecation from a Highway or pathway immediately.
19.3
Livestock may be allowed on land zoned as Agricultural Holdings pursuant to the regulations of
the Land Use Bylaw.
20. PROHIBITED ANIMALS
20.1
Unless authorized by the CAO, no person will keep or have any Prohibited Animals within the
boundaries of the Town.
20.2
Prohibited Animals are permitted within the Town if they are involved in a competition, parade,
fair, exhibition, zoo, or other similar event.
20.3
The CAO may impose terms and conditions on an authorization issued pursuant to Section 20.1
and 20.2, including but not limited to terms or conditions regulating:
a.
The location where the Livestock or Prohibited Animals are to be kept;
b.
The maximum number of Animals that may be kept;
c.
The manner in which the Animals must be kept;
d.
Restrictions on the sale or use of Animal products;
e.
The term of the authorization;
f.
Mandatory husbandry training; and
TOWN OF EDSON BYLAW NO. 2313
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g.
Any other matter the CAO determines is in the public interest.
20.4
The CAO may not issue an authorization pursuant to Section 20.3 unless satisfied that:
a.
The person in care and control of the Livestock or Prohibited Animal is at least 18 years of
age;
b.
Complete any authorization forms; and
c.
All applicable fees have been paid; and
d.
All required information has been provided to the CAO and authorization has been granted.
20.5
The CAO may refuse to issue or may revoke an authorization issued pursuant to Section 20.1 and
20.2, at any time, for any reason, by providing written notice to the Owner.
20.6
An Owner will not contravene any terms or conditions of an authorization issued pursuant to
Section 20.1 and 20.2.
20.7
A Peace Officer may give written notice to the Owner of a Prohibited Animal, specifying that the
Prohibited Animal(s) be removed from the Town by a specified date.
21. NUISANCE ANIMALS
21.1
The CAO may declare an Animal to be a Nuisance Animal upon 15 days' written notice to the
Owner.
21.2
In declaring an Animal to be a Nuisance Animal, the CAO will consider the following:
a.
previous convictions under this Bylaw;
b.
type of convictions;
c.
number of convictions;
d.
period of time in which convictions found; and
e.
any other relevant information.
21.3
Upon deeming an Animal a Nuisance Animal, the CAO may impose such conditions to the Owner
and the Nuisance Animal as deemed appropriate to manage the nuisance.
21.4
The Owner of a Nuisance Animal must comply with all conditions set out in a Nuisance Animal
declaration made by the CAO pursuant to this Bylaw.
21.5
One year after a declaration that an Animal is a Nuisance Animal, the Owner may apply to have
the declaration reviewed by the CAO, who may maintain, amend, or revoke the declaration with
or without conditions.
22. DECLARATION OF VICIOUS ANIMAL
22.1
After an investigation of a compliant, the CAO may declare an Animal to be a Vicious Animal if the
CAO has reasonable grounds to believe, that the Animal:
TOWN OF EDSON BYLAW NO. 2313
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a.
has a known propensity, tendency, or disposition to threaten, Attack, chase or Bite other
Animals or humans;
b.
has inflicted a Severe Injury upon another Animal or human;
c.
has been the subject of an order or direction, pursuant to the Dangerous Dogs Act; or
22.2
Where the CAO determines that an Animal is a Vicious Animal, the CAO shall:
a.
serve the Licenced Owner of the Animal with a written notice that the Animal has been
declared to be a Vicious Animal in person or by registered mail to the address on the Licence
application;
b.
direct the Licenced Owner to keep the Vicious Animal in accordance with the provisions of
this Bylaw or any other conditions prescribed by the CAO and provide the Owner with a time
limit for compliance; and
c.
inform the Licenced Owner that, if the Vicious Animal is not kept in accordance with this
Bylaw, the Licenced Owner may be fined, or subject to enforcement action pursuant to this
Bylaw.
22.3
The Licenced Owner of an Animal declared to be a Vicious Animal may, within 10 days after the
date the written notice of the declaration is received, request in writing that the declaration be
reviewed by Council. Council is not obligated to conduct an oral review and may instead
conduct the review based on written material provided by the CAO and the Licenced Owner.
22.4
Upon a request to review the declaration, Council may:
a.
uphold the Vicious Animal declaration; or
b.
revoke the Vicious Animal declaration.
22.5
The decision of Council shall be provided to the Licenced Owner in writing within 14 days of
Council conducting the review and may be served personally or by registered mail on the
Licenced Owner.
22.6
In addition to or as an alternative to an order under section 22.5, upon hearing the evidence, the
CAO may make an order declaring the Animal to be a Vicious Animal and make a court application
to have the Animal destroyed if in the opinion of the CAO the Animal is likely to cause serious
damage or injury to persons, property or other Animals, Wildlife, Livestock, or other domesticated
household pets, taking into account the following factors:
a.
Whether the Animal, when unprovoked, has shown a tendency to pursue, chase, or
approach in a menacing fashion any person or other Animal, Wildlife, Livestock or other
domesticated household pets upon the street, sidewalk or on any public or private property;
b.
Whether the Animal has attempted to Bite, or has bitten any person or Animal, Wildlife,
Livestock, or other domesticated household pets;
c.
Whether the Animal has Attacked, or caused Severe Injury to any person or Animal, Wildlife,
Livestock, or other domesticated household pets;
d.
The Aggression Scale Classification made by a Peace Officer pursuant to Schedule "D";
e.
The circumstances surrounding any previous biting, Attacking, or injuring incidents; and
f.
Whether the Animal has caused the death of any other animal.
TOWN OF EDSON BYLAW NO. 2313
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22.7
A Vicious Animal order pursuant to this Bylaw continues to apply if the Vicious Animal is sold,
given, or transferred to a new Owner and the new Owner must be made aware of the order.
22.8
The Licenced Owner of a Vicious Animal must immediately notify the CAO upon relocating in the
Town. The CAO may recognize a similar Vicious Animal type order issued in another jurisdiction
and declare that the Animal is a Vicious Animal on that basis.
22.9
The Owner of an Animal alleged to be a Vicious Animal will comply with a surrender order made
by the CAO, or any contain, and control conditions prescribed by the CAO or Justice pursuant to
this Bylaw.
23. VICIOUS ANIMAL REGULATIONS
23.1
After the Animal has been declared a Vicious Animal, the Licenced Owner of a Vicious Animal will:
a.
Obtain liability insurance specifically covering any damages for personal injury caused by the
Vicious Animal of an amount not less than $1,000,000 dollars and shall provide proof of such
insurance to the CAO upon request;
b.
Have a licensed veterinarian tattoo or implant an electronic identification microchip in or on
the Vicious Animal identifying the Animal with a unique identifier;
c.
Provide the information contained on the tattoo or in the microchip to the Town; and
d.
Have the Vicious Animal Altered if such a procedure has not yet been carried out on the
Animal.
23.2
The Licenced Owner of a Vicious Animal will:
a.
Forthwith notify the Town should the Vicious Animal be sold, gifted, transferred to another
person, or die; and
b.
Remain liable under this Bylaw for the actions of the Vicious Animal until formal notification
of sale, gift, or transfer is given to the Town.
23.3
The Licenced Owner of a Vicious Animal will ensure that when the Vicious Animal is on the
property of the Owner, the Vicious Animal is:
a.
indoors;
b.
In a locked pen, yard, or other structure, which can prevent the escape of the Vicious Animal.
i.
The locked pen, yard, or structure will:
(A) Have secure sides and a secure top, and if it has no bottom secured to the
sides, the sides must be embedded in the ground to a minimum depth of 30
centimeters;
(B) Provide the Vicious Animal with shelter from the elements;
(C) Be of the minimum dimensions of 1 and 1.5 meters by 3 meters and be a
minimum 1 and 1.5 meters in height; and
(D) Not be within 1 meter of the property line or within 5 meters of a
neighbouring dwelling unit.
TOWN OF EDSON BYLAW NO. 2313
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23.4
The Licenced Owner of a Vicious Animal will always ensure that, when off the property of the
Licenced Owner, such Vicious Animal is securely:
a.
Muzzled;
b.
Harnessed or Leashed on a Leash with a length that shall not exceed two meters and in a
manner that prevents it from being in contravention of this Bylaw, as well as preventing
damage to public and private property; and
c.
Under the control of a person 18 years of age or older.
23.5
The Licenced Owner of a Vicious Animal will, at their own expense, display a sign on their premises
warning of the presence of the Vicious Animal in the form illustrated in Schedule D, and such sign
will:
a.
Be a minimum of 8" x 10" in size;
b.
Be placed at each entrance to the premises where the Vicious Animal is kept and, on the
pen, yard, or other structure in which the Vicious Animal is confined; and
c.
Be posted to be clearly visible and capable of being seen by any person accessing the
premises.
24. INSPECTION AND SEIZURE
24.1
A Peace Officer may seize, retain, and take to an Animal Shelter any Animal, Nuisance Animal or
Vicious Animal:
a.
Which is found Running at Large;
b.
Which is alleged to have engaged in any threatening behaviors as set out in this Bylaw;
c.
Pending the outcome of an application to declare the Animal to be a Vicious Animal or to
destroy the Animal;
d.
Which is required to be impounded pursuant to the provisions of any provincial or federal
legislation; or
e.
Which has been left unsupervised while tethered or tied on private property not owned by
the Animal's Owner.
24.2
The Licenced Owner will be responsible for all fees associated with the Animal being impounded
as set out in the Town's Fees and Charges Bylaw.
24.3
In an emergency or in extraordinary circumstances, a Peace Officer, with the exception of a Bylaw
Enforcement Officer, may, without notice, enter onto land or structures and seize any Animal
which has been observed Running at Large or is alleged to have been exhibiting threatening
behavior as set out in this Bylaw and to take such reasonable measures necessary to subdue any
such Animal, including the use of capture devices or seeking the assistance of the RCMP or a
veterinarian to use tranquilizer equipment, and take such Animal to an Animal Shelter.
24.4
Subject to the entry notice provisions of the Municipal Government Act, a Designated Officer of
the Town, bearing proper identification, may enter a premises to conduct an inspection in order
to determine whether or not this Bylaw or an order issued pursuant to this Bylaw is being
TOWN OF EDSON BYLAW NO. 2313
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complied with and, where it is determined that this Bylaw or an order has been contravened, may,
with or without the assistance of a Peace Officer, seize and remove from the premises an Animal
and take the Animal to an Animal Shelter.
24.5
If a person sees an Animal Running at Large, they must immediately report it to a Peace Officer.
If a person can safely take control of an Animal Running at Large, the person must immediately
notify a Peace Officer and surrender the Animal.
25. CAT TRAPS
25.1
A resident of the Town may apply to use a live Cat trap, provided by the Town, to catch any Cats
on their property.
25.2
Cat traps will be provided free of charge to any resident or business within the Town with the
proper identification.
25.3
Cat traps will only be provided to residents from April 1 to September 30.
25.4
Upon catching a Cat with the Cat trap, the person who caught the Cat will immediately surrender
it to a Peace Officer.
26. OBSTRUCTION AND INTERFERENCE
26.1
No person, even if that person is the Owner of an Animal, Nuisance Animal, or Vicious Animal
which is being or has been pursued or seized will:
a.
Interfere with or attempt to obstruct a Peace Officer who is attempting to seize or who has
seized an Animal which is subject to seizure;
b.
Open any vehicle in which seized Animals have been placed;
c.
Remove, or attempt to remove, from the Animal Shelter and/or the possession of a Peace
Officer, any Animal which has been seized;
d.
Provide false information to a Peace Officer; or
e.
Obstruct or hinder a Peace Officer in the execution of their powers and duties pursuant to
this Bylaw.
26.2
No person will:
a.
Negligently or willfully let loose or free an Animal and thereby allow the Animal to Run At
Large;
b.
Entice an Animal to Run at Large;
c.
Tease an Animal caught or confined in an enclosed space; or
d.
Throw or poke any object into an enclosed space when an Animal is caught or confined
therein.
27. NOTICE
27.1
Any notice required under this Bylaw, unless otherwise stated, will be deemed to have been given:
TOWN OF EDSON BYLAW NO. 2313
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a.
When notice is mailed, 7 days from the date it is mailed; or
b.
When notice is posted to property or personally delivered to the Licenced Owner or any
person over the age of 18 at address provided in the Licence application on the date it was
posted or delivered.
28. RECLAIMING
28.1
The Owner of any seized Animal, Nuisance Animal, or Vicious Animal may reclaim the Animal,
Nuisance Animal, or Vicious Animal by:
a.
Paying any fees of impoundment, any care, subsistence, or veterinary charges incurred as
set out in the Town's Fees and Charges Bylaw;
b.
Obtaining the Licence and Licence Tag for such Animal, Nuisance Animal, and Vicious Animal
where a Licence is required pursuant to this Bylaw; and
c.
Complying with any provisions which may be imposed in accordance with this Bylaw.
28.2
Where an Animal, Nuisance Animal, or Vicious Animal is claimed, the Owner will provide proof of
ownership.
29. DISPOSITION OF ANIMAL
29.1
The CAO may:
a.
Receive Animals into protective care at an Animal Shelter arising from an emergency due to
fire, flood, or other reasons;
b.
Retain the Animal temporarily at an Animal Shelter;
c.
Charge the Owner any fees, costs of impoundment, any care, subsistence, or veterinary
charges incurred as set out in the Town's Fees and Charges Bylaw;
d.
At the end of the protective care period, if no other arrangements are made between the
Owner and the CAO, their designate, or Peace Officer, or the Owner cannot be ascertained,
treat such Animals as seized Animals; or
e.
Offer the sale, euthanize, or otherwise dispose of all unclaimed Animals which have been
seized or deemed to be seized.
29.2
Notwithstanding section 29.3, where the animal that has been impounded bears obvious tattoos,
brands, marks, tags or licenses, the animal shall be kept by the Animal Shelter a minimum of 30
days from the date the Animal was impounded, in accordance with Section 610 of the Municipal
Government Act.
29.3
The CAO will not sell, euthanize, or otherwise dispose of a seized Animal until an Animal is
retained in the Animal Shelter for:
a.
10 days after the Owner has received notice or is deemed to have received notice that the
Animal has been seized; or
b.
3 days, if the name and address of the Owner is not known.
TOWN OF EDSON BYLAW NO. 2313
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29.4
The CAO may retain a seized Animal for a longer period if in their opinion the circumstances
warrant the expense or there are reasonable grounds to believe that the seized Animal is a
continued danger to a person, Animal, Wildlife, Livestock, or other domesticated household pets,
or property.
30. ALTERED
30.1
The CAO may, before selling an unclaimed seized Animal, require that the Animal be Altered.
31. EUTHANIZATION
31.1
When in the judgment of the licenced veterinarian, an Animal should be euthanized for humane
reasons, such Animals will be euthanized and may not be retrieved. Any such costs of the
destruction may be billed to the Town, and the Town is at liberty to take all steps considered
necessary to recover such costs from the Owner of the Animal.
ENFORCEMENT
32. OFFENCE
32.1
Every person who contravenes any provision of this Bylaw is guilty of an offence.
33. MUNICIPAL TAG
33.1
If a Municipal Tag is issued in respect of an offence, the Municipal Tag must specify the fine
amount established by this Bylaw for the offence.
33.2
The Municipal Tag may be served:
a.
In the case of an individual:
i.
By delivering it personally to the individual;
ii. By leaving it for the individual at their apparent place of residence with someone
who appears to be at least 18 years of age; or
iii. By mail addressed to the individual at their apparent place of residence or at any
address for the individual on the tax roll of the Town or at the Land Titles registry;
b.
In the case of a corporation:
i.
By delivering personally to any director or officer of the corporation;
ii. By delivering it personally to a person apparently in charge of an office of the
corporation at an address held out by the corporation to be its address; or
iii. By mail addressed to the registered office of the corporation.
c.
In the case of either an individual or corporate entity, for offences involving a Motor Vehicle,
by placing the Municipal Tag on the Motor Vehicle itself.
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34. PAYMENT IN LIEU OF PROSECUTION
34.1
A person who commits an offence may, if a Municipal Tag is issued in respect of the offence, pay
the fine amount established by this Bylaw for the offence and if the amount is paid on or before
the required date, the person will not be prosecuted for the offence.
34.2
A Municipal Tag may also set out a reduced fine amount established by this Bylaw as an incentive
for early payment conditional on the amount being paid on or before a certain date.
35. VIOLATION TICKETS AND PENALTIES
35.1
If a Municipal Tag has been issued and the penalty specified on the Municipal Tag has not been
paid within the prescribed time, a Peace Officer may issue a Violation Ticket pursuant to the
Provincial Offences Procedure Act to the person to whom the Municipal Tag was issued.
35.2
Nothing in this Bylaw shall prevent a Peace Officer from immediately issuing a Violation Ticket to
any person whom the Peace Officer has reasonable and probable grounds to believe has
contravened any provision of this Bylaw.
35.3
A person who commits an offence may:
a.
If a Violation Ticket is issued in respect of the offence; and
b.
If the Violation Ticket specifies the fine amount established by this bylaw for the offence;
Make a voluntary payment equal to the specified fine.
36. ORDERS
36.1
If a Peace Officer believes, on reasonable grounds, that a person is contravening any provision of
this Bylaw, the Peace Officer issue an enforcement order pursuant to the Municipal Government
Act.
37. NUISANCE ANIMAL FINES
37.1.
If an Animal has been declared to be a Nuisance Animal, and where, after the declaration, any
person is in contravention of any provisions of this Bylaw in respect of that Animal, the specified
penalty payable in respect of the offence is double the amount shown in Schedule A of this Bylaw
in respect of that provision.
38. VICIOUS ANIMAL FINES
38.1.
The specified and the minimum penalties of a contravention of this Bylaw with respect to Vicious
Animals will be the amounts as shown in Schedule B of this Bylaw regarding Vicious Animals.
Notwithstanding Schedule B, a contravention of a provision of this Bylaw will attract a minimum
penalty of $500 and a maximum penalty of $10,000.
TOWN OF EDSON BYLAW NO. 2313
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38.2.
Notwithstanding section 38.1:
a.
Where any Vicious Animal has been in contravention of the same provision of this Bylaw
twice within a 12-month period, the specified or minimum penalty payable in respect of the
second offence is double the amount shown in Schedule B of this Bylaw; and
b.
Where any Vicious Animal has been in contravention of the same provision of this Bylaw 3
or more times within a 12-month period, the specified or minimum penalty payable in
respect of the third or subsequent offence is triple the amount shown in Schedule B of this
Bylaw.
39. CONTINUING OFFENCES
39.1.
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 a day, on which the offence continues.
40. MANDATORY COURT OR INFORMATION
40.1.
No provision of this Bylaw will prevent any Peace Officer from issuing a Violation Ticket requiring
the Court appearance of the defendant, pursuant to the provisions of Part 2 of the Provincial
Offences Procedure Act, or from laying an information.
41. LIABILITY FOR FEES
41.1.
The levying and payment of any fine or the imprisonment for any period provided in this Bylaw
will not relieve a person from the necessity of paying any fees, charges, or costs from which they
are liable under the provisions of this Bylaw.
42. PROOF OF AUTHORIZATION
42.1.
The onus of proving an authorization has been issued in relation to any activity otherwise
regulated, restricted, or prohibited by this Bylaw is on the person alleging the existence of such
an authorization on a balance of probabilities.
43. PROOF OF LICENCE
43.1.
The onus of proving a person has a valid and subsisting Licence is on the person alleging the
existence of the.
43.2.
The onus of proving the age of an Animal is on the person alleging the age.
44. CERTIFIED COPY OF RECORDS
44.1
A copy of a record of the Town, certified by the CAO as a true copy of the original, will be
admissible in evidence as prima facie proof of the facts stated therein, without the necessity of
proving the appointment or signature of the individual who signed it.
TOWN OF EDSON BYLAW NO. 2313
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GENERAL
45. POWERS OF THE CHIEF ADMINISTRATIVE OFFICER
45.1.
Without restricting any other power, duty or function granted by this Bylaw the CAO may:
a.
Carry out any inspections to determine compliance with this Bylaw;
b.
Take any steps or carry out any actions required to enforce this Bylaw;
c.
Take any steps or carry out any actions required to remedy a contravention of this Bylaw;
d.
Establish areas where activities restricted by this Bylaw are permitted;
e.
Establish forms for the purposes of this Bylaw;
f.
Issue permits with such terms and conditions as are deemed appropriate;
g.
Establish the criteria to be met for a permit pursuant to this Bylaw; and
h.
Delegate any powers, duties, or functions under this Bylaw to an employee of the Town.
46. EFFECTIVE DATE
46.1.
Bylaw No. 2140 is hereby repealed.
46.2.
This Bylaw will come into effect upon third reading.
READ a first time this ____ day of ____, 20__.
READ a second time this_____ day of ____, 20___.
READ a third time and finally passed this ____day of ____, 20__.
_____________________
Mayor Kevin Zahara
_____________________
Christine Beveridge, CAO
TOWN OF EDSON BYLAW NO. 2313
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SCHEDULE A
OFFENCE PENALTIES
Section
Offence
Specified Penalty
4.1
Unlicensed Dog or Cat
$250
4.5
Fail to notify of changes to license information
$250
4.4
Give false information when applying for license
$500
6.1
Have more than 3 Cats in a residence
$250
6.2
Have more than 4 Animals in a household
$250
7.2
Foster animal fail to wear a tag
$250
7.7
Fail to wear a License Tag
$250
9.1
Animal Running at Large
$250
10.1
Dog not under control in an Off Leash Area
$250
10.2(a)
More than 4 Dogs in Off Leash Area
$250
10.2(b)
Not physically capable of controlling and restraining all
Dogs in custody
$250
10.2(c)
Fail to carry a Leash in Off Leash Area
$250
10.3
No person will allow Animal In Heat or with a
communicable disease in Off Leash Area
$250
10.4(a)
Fail to restrain
$250
10.4(b)
Fail to Remove Dog from Off Leash Area
$250
11.1(a)
Animal Running at Large in Recreational Area
$400
11.1(b)
Animal in prohibited area
$400
12.1(a)
Leave Animal unattended while tethered Private Property
$300
12.1(b)
Leave Animal unsupervised while tethered on Public
Property
$300
12.2(a)
Animal left unattended in Vehicle improperly
$250
12.2(b)
Animal left unattended in Vehicle when weather
conditions not suitable
$500
13.1
Allow Animal In Heat to be a source of attraction/not
confined properly
$250
14.1(d)
Fail to report suspected case of Communicable Disease
$500
TOWN OF EDSON BYLAW NO. 2313
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15.1
Fail to remove Animal feces
$300
15.2
No suitable means to remove feces
$250
15.3
Allow defecation to accumulate to extent to annoy or pose
health risk
$500
16.1
Animal disturbing the peace
$300
17.1(a)
Bark/chase Animal, Wildlife, Livestock, or other
domesticated household pets
$300
17.1(b)
Bark/chase bicycles or vehicles
$180
17.1(c)
Chase or threaten a person
$500
17.1(d)
Bite or cause damage to property, Animal, Wildlife,
Livestock, or other domesticated household pet
$350
17.1(e)
Cause Severe Injury to Animal, Wildlife, Livestock, or other
domesticated household pet
$800
17.1(f)
Cause death to Animal, Wildlife, Livestock, or other
domesticated household pet
$1,200
17.1(g)
Animal Attacks a person
$1,400
17.1(g)
Animal Bites a person
$700
17.1(g)
Animal Bites or Attacks a person causing Severe Injury
$1,800
17.1(h)
Animal injures a person
$500
17.2
Direct Animal to Attack, chase, harass, threaten a person,
Animal, Wildlife, Livestock, or other domesticated
household pet
$500
18.1
Animal scatter garbage
$250
18.2
Fail to upright and clean up contents of waste container
$200
19.1
Livestock in prohibited area
$250
12.2
Fail to remove defecation
$300
20.1
Keep Prohibited Animal
$1,000
20.3, 23.1
Fail to comply with conditions of CAO authorization
$1,000
21.4
Fail to obey Nuisance Animal conditions
$650
22.2(b)
Fail to comply with CAO order
$1,500
23.3
Fail to obey contain and control conditions
$650
24.5
Fail to notify stray Animal or surrender stray Animal to the
Town
$250
TOWN OF EDSON BYLAW NO. 2313
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26.1(a)
Obstruct or interfere with Peace Officer seizure
$1,000
26.1(b)
Open Vehicle in which seized Animal(s) have been placed
$500
26.1(c)
Remove or attempt to remove seized Animal
$500
26.2(a)
Untie/loosen/ or free restrained Animal
$500
26.2(b)
Entice Animal to Run at Large
$500
26.2(c)
Tease Animal in an enclosure
$500
26.2(d)
Throw or poke at Animal in an enclosure
$500
26.1(d)
Provide false information to a Peace Officer
$1,000
26.1(e)
Obstruct Peace Officer
$1,000
TOWN OF EDSON BYLAW NO. 2313
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SCHEDULE B
VICIOUS ANIMAL OFFENCES PENALTIES
Section
Offence
Specified Penalty
4.1
Vicious Animal not licensed
$650
9.2
Vicious Animal in Off Leash Area
$1,500
17.1(a)
Vicious Animal Bark/chase Animal, Wildlife, Livestock, or
other domesticated household pets
$600
17.1(b)
Vicious Animal Bark/chase bicycles or vehicles
$600
17.1(c)
Vicious Animal Chase or threaten a person
$1000
17.1(d)
Vicious Animal Bite or cause damage to property, Animal,
Wildlife, Livestock, or other domesticated household pet
$1500
17.1(e)
Vicious Animal Cause Severe Injury to Animal, Wildlife,
Livestock, or other domesticated household pet
$1000
17.1(f)
Vicious Animal Cause death to Animal, Wildlife, Livestock,
or other domesticated household pet
$1,500
17.1(g)
Vicious Animal Attacks a person
$2,500
17.1(g)
Vicious Animal Bites a person
$1000
17.1(g)
Vicious Animal Bites or Attacks a person causing Severe
Injury
$1,800
17.1(h)
Vicious Animal injures a person
$1,000
23.1(a)
Fail to obtain insurance
$500
23.1(b)
Fail to tattoo or implant Vicious Animal with microchip
$500
23.1(c)
Fail to provide tattoo or microchip information
$500
23.1(d)
Fail to have Vicious Animal Altered
$500
23.2(a)
Fail to notify of sale, gift, transfer, or death of Vicious
Animal
$500
23.4(c)
Vicious Animal not under control of a person eighteen
years of age or older
$1,500
23.5
Fail to post Vicious Animal sign
$1,500
TOWN OF EDSON BYLAW NO. 2313
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SCHEDULE C
DR. IAN DUNBAR'S AGGRESSION SCALE
ASSESSMENT OF THE SEVERITY OF BITING PROBLEMS BASED ON AN
OBJECTIVE EVLUATION OF WOUND PATHOLOGY
Level
Description
Level 1
Dog growls, lunges, snarls - no teeth touch skin. Mostly intimidation and/or
threatening behaviour.
Level 2
Teeth touch skin but no puncture. May have red mark and/or minor bruise
from Dog's head or snout, minor scratches from paws and/or 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
2 to 4 holes from a single Bite, typically contact and/or punctures from more
than just canines, considerable bruising. Black bruising, tears and/or slashing
wounds. Dog clamped down and held and/or shook head side to side.
Level 5
Multiple Bites at Level 4 or above. A concerted, repeated Attack causing
severe injury.
Level 6
Any Bite resulting in death of an Animal.
Dr. Ian Dunbar PhD developed this scale, B Vet Med, 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
assessment.
TOWN OF EDSON BYLAW NO. 2313
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SCHEDULE D