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BYLAW NO. 25-07
TOWN OF FALHER
A BYLAW OF THE TOWN OF FALHER, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF
LICENSING AND REGULATING DOMESTICATED ANIMALS
WHEREAS pursuant to Section 7 (a) of the Municipal Government Act, Revised
Statutes of Alberta 2000, Chapter M-26, Council may pass bylaws respecting the safety,
health and welfare of people and the protection of people and property; as well as wild
and domestic Animals and activities in relation to them; and
WHEREAS pursuant to Section 7 (h) of the Municipal Government Act, Revised
Statutes of Alberta 2000, Chapter M-26, Council may pass bylaws respecting the safety,
health and welfare of people and the protection of people and property; as well as wild
and domestic Animals and activities in relation to them; and
WHEREAS, pursuant to Section 8 of the Municipal Government Act, Revised Statutes of
Alberta 2000, Chapter M-26, Council may in a bylaw regulate, prohibit and to provide a
system of licenses, permits and approvals; and
WHEREAS, pursuant to Section 7 of the Municipal Government Act, Revised Statutes of
Alberta 2000, Chapter M-26, Council may pass bylaws for municipal purposes respecting
the enforcement of bylaws made under the Act or any other enactment; and
WHEREAS, Council of the Town of Falher has deemed it necessary to adopt a new
bylaw to regulate the keeping of Animals within the municipality, to ensure the protection
of public health, safety and welfare of residents;
NOW THEREFORE, the Council of the Town of Falher, in the Province of Alberta, duly
assembled, hereby enacts as follows:
1. TITLE
This Bylaw may be referred to as the "Animal Control & Licensing Bylaw".
2. PURPOSE
The purpose of this Bylaw is to establish a system of licensing, regulating, and
controlling the keeping of Animals within the Town of Falher.
3. DEFINITIONS
a. "Act" means the Municipal Government Act, RSA 2000, c M-26, and
amendments thereto;
b. "Animal Control Officer" means a person appointed by the Town to
enforce the provisions of this Bylaw, and may include any or all of the
following:(i)the Chief Administrative Officer of the Town; (ii)a member of
the Royal Canadian Mounted Police; (iii)an independent contractor who
is under contract with the Municipality to provide bylaw enforcement
services; and (iv)when authorized, a Special Constable.
c. "Animal Shelter" means premises designated by the Town for the
impoundment and care of Animals and includes premises supplied by an
independent contractor under contract with the Town to provide such
premises.
d. "Animal" means any vertebrate, but excluding the following:
i. humans and fish;
ii. a wildlife Animal, as defined in the Wildlife Act, R.S.A. 2003 Chapter
W-10, and which is held live under a permit issued pursuant to the
Wildlife Act, or the keeping of which is otherwise subject to permit
requirements under the Wildlife Act, as amended from time to
time;
iii. the following organisms, commonly used as domestic pets:
hamsters, rabbits, domestic mice, gerbils, ferrets, hedgehogs,
canaries, parrots, budgies or similar household birds.
e. "At Large" means and includes a situation whereby:(i)an Animal is found
at any place other than the Owner's property or a permitted property;
and (ii)while on such a place, is not being carried by any person or is
otherwise not restrained by a Permitted Leash held by a person, and that
Permitted Leash is attached to a choke chain, collar or harness securely
holding that Animal. (iii)If it is difficult for a person to restrain the Animal
with a Permitted Leash, then the Animal shall be deemed to be "At
Large", notwithstanding the presence of a Permitted Leash.
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Animal Control & Licensing Bylaw
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f.
"Cat" means any domesticated member of the feline family;
g. "Controlled Confinement" means the confinement of an Animal in a pen,
cage or building or securely tethered in a manner that will not allow the
Animal to bite, harm or harass any person or Animal;
h. "Council" means the council of the Town of Falher;
i.
"Damage to property" means damage to property other than the
Owner's property, and includes, but is not limited to: defecating or
urinating on such property;
j.
"Dog" means any domesticated member of the canine family, other than
a High Supervision Dog, as defined in this Bylaw;
k. "Dwelling Unit" means a self-contained unit comprised of one or more
rooms accommodating sitting, sleeping, sanitary facilities, and a principal
kitchen for food preparation, cooking, and serving. A dwelling unit is used
permanently or semi permanently as a residence for a single household.
l.
"High Supervision Dog" means any dog that is a Restricted Dog or a
Vicious Dog;
m. "Large Animal" means any animal other than a human being, Dog, High
Supervision Dog, or Cat which in the adult form regularly weighs more than
10 kg.
n. "Length of Stay" means the number of consecutive days a patron or their
animal is present in the Campground, beginning on the date of initial
arrival. The term applies to the patron or the animal as required by the
specific regulation in which it appears;
o. "License Fee" means the applicable annual fee payable in respect of a
License for any particular Animal as set out in Schedule "A" of this Bylaw;
p. "License Tag" means an identification tag supplied by the Town, showing
the license number for a specific Animal;
q. "License" means a License issued by the Town pursuant to this Bylaw;
r.
"Licensee" means a person named on a License;
s.
"Municipal Violation" means a ticket alleging an offence issued pursuant
to the authority of a Bylaw of the Town;
t.
"Off leash Area" means an area designated by the Town where a Dog is
permitted but not required to be held by a Leash;
u. "Owner's Property" means any property in which the Owner of an Animal
has a legal or equitable interest or over which the owner of an Animal has
been given control or use of, by the legal or equitable owner of the
property, and which property shall include, without limiting the generality
of the foregoing, land, buildings and vehicles.
v. "Owner" means a person or corporate body who:(i)owns or claims any
proprietary interest in an Animal; or(ii)has the care, charge, custody,
possession or control of an Animal; and/or(iii)is named on a License issued
pursuant to Bylaw. iv - For the purposes of this Bylaw, an Animal may have
more than one (1) registered Owner.
w. "Permitted Leash" means a leash, chain, or other material capable of
controlling or restraining the Animal on which it is being used and is
attached to; and which leash shall not exceed three (3) metres in length.
x. "Permitted Property" means private property upon which the Owner of an
Animal has the express permission of the owner of that property to allow
the Owner's Animal to be At Large thereon.
y. "Restricted Dog" means any dog, regardless of its age, which has been
identified and certified by a Veterinarian licensed to practice veterinary
medicine in the Province of Alberta to be primarily of the breed(s):
BYLAW NO.25-07
Animal Control & Licensing Bylaw
Page 3
i. Rottweiler;
ii. Pit Bull;
iii. Pit Bull Terrier;
iv. American Staffordshire Bull Terrier;
v. American Staffordshire Terrier;
vi. American Pit Bull;
vii. Staffordshire;
viii. Doberman, Doberman Pinscher;
ix. Mastiff;
x. Rhodesian Ridgeback;
xi. Chow Chow; or
xii. Any dog of mixed breeding, which can be identified through
physical characteristics as a dog partially of the above-mentioned
breeds as verified by a licensed veterinarian.
z.
"Serious Wound" means an injury to a human or Animal resulting from the
action of an Animal which causes the skin to be broken or flesh to be torn.
aa. "Town" means the corporation of the Town of Falher;
bb. "Vicious Dog" means a Dog of any age, which when on or off the
property of its owner, shows a propensity, disposition or potential to attack
or injure, without provocation, humans or other Animals, or a Dog which:
i. has, without provocation, threatened, chased, any other Animal or
humans;
ii. has injured or bitten any other Animal or humans;
iii. has damaged or destroyed any private or public property;
iv. poses a continuing threat of serious harm to humans or other
Animals;
v. is deemed to be dangerous by a Justice under the provisions of
the Dangerous Dogs Act., R.S.A. 2000, Chapter D-3 and
amendments thereto;
vi. has previously been determined to be a Vicious Dog by another
other jurisdiction;
vii. is owned or harboured for the purpose of Dog fighting;
cc. "Violation Ticket" has the same meaning as in the Provincial Offences
Procedure Act.
LICENSING REQUIREMENTS
4. Licensing requirements shall only be applicable to Dogs and Cats and are not
required for other Animals not prohibited in this Bylaw.
5. Licensing requirements provides important benefits for both the community and
pet owners by helping to ensure identification of animals at large or lost in order
to return them to their owners. Reuniting animals with their families reduces
household stress. Animal Control regulation also assists with public safety and pet
ownership accountability. Collected Licensing Fees assist in offsetting the cost of
Animal Control Services offered by the Town.
6. The Owner of an Animal that is three (3) months of age or older, in Town , and is
not prohibited in this Bylaw, shall apply for a License for that Animal by submitting
an application to the Town Office.
7. Upon approval of an application for a License, the Owner shall pay the
applicable License Fee, as set out in Schedule "A" of this Bylaw.
8. License Fees shall be paid by January 31st of each year.
9. Notwithstanding Section 7 above, where
a. the Animal reaches the age of three (3) months after January 31st;
b. the person becomes the Owner of that Animal after January 31st; or
c. the Owner takes up residence in the Town after January 31st;
The Owner shall apply for the License within seven (7) days of that time.
10. Pursuant to Section 5, if an animal owner spends a regular or predictable, and
consequential amount of time within the Town, they may be required to license
said animal, regardless of residency within the Town, upon direction of the Town
or the Animal Control Officer.
11. The Owner shall provide, with each application for a License, the information as
may be required by the Town or the Animal Control Officer.
12. The Town and/or Animal Control Officer shall consider all applications or renewals
for Licenses, and, at their discretion, may:
a. require the applicant to submit such information as the Animal Control
Officer deems appropriate, including but not limited to information
pertaining to the Animal, a photo of the Animal, Veterinary records
identifying the breed of the Animal, proposed Controlled Confinement of
the Animal, the lands where the Animal is to be kept, availability and
BYLAW NO.25-07
Animal Control & Licensing Bylaw
Page 4
nature of insurance, a site plan of the lands, and the number of Animals to
be kept;
b. reject or refuse the application with reasons; or
c. approve the application, with or without any conditions relevant to the
presence of the Animal(s) on the property.
13. Pursuant to Section 12(b) above, if the application is refused, the Owner shall be
required to remove the Animal from the Town. Failure to do so may result in the
Town taking actions to have the animal removed. The Owner responsible for the
Animal of said rejected or refused application shall be responsible for any costs
associated with said actions.
14. A Licensee shall notify the Animal Control Officer of any changes with respect to
any information provided as part of an application for a Licensee before or after
a License has been issued, as the case may be.
15. A License issued pursuant to this Bylaw shall expire on December 31st in the year
in which it was issued.
16. No person is entitled to a refund or a rebate for any License Fee.
17. A License issued pursuant to this Bylaw is not transferable from one Animal to
another, or from one Owner to another.
18. If the application for a License is approved, and the required License Fee is paid,
the Owner shall be supplied with a License Tag, which shall have a unique
number registered to that Animal.
19. The following regulations apply to all patrons and/or visitors of any Campground
owned or operated by the Town, as well as to any animals accompanying them:
a. Animals that are classified as "High Supervision Dog" or generally
Prohibited under this or any other Town Bylaws or applicable legislation are
prohibited from entering or remaining in the Campground.
b. Animals with a Length of Stay of one (1) to six (6) consecutive days in the
Campground are not required to register with the Municipality; however,
voluntary registration is permitted.
c. Animals with a Length of Stay in the Campground of seven (7) days or
more are required to apply for registration with the Municipality.
d. For animals with a Length of Stay of one (1) to twenty-seven (27) days, no
registration fees shall apply. Standard registration fees shall apply to any
animal with a Length of Stay of twenty-eight (28) days or more.
GENERAL REGULATIONS
Prohibited Animals
20. No person shall keep or harbour any of the following genus of Animals within the
corporate limits of the Town:
a. Swine (Pig);
b. Equine (Horse);
c. Bovine (Cow);
d. Poultry (Chickens, etc);
e. Caprine (Goats, etc);
f.
Pigeons;
g. Poisonous/Venomous snakes, reptile or insects;
h. Large Animals or the young thereof
i.
Other domesticated Animals raised in captivity for the purposes of meat,
diary, or other agricultural production.
21. For clarity, the above list and any supplemental lists contained within this Bylaw
are not exhaustive of all prohibited animals, but are intended to reflect their most
common categories. This prohibition extends to any domesticated or farmed
animal equivalent, including but not limited to: pigs, hogs, boars, horses, ponies,
donkeys, mules, cattle, bison, buffalo, oxen, goats, sheep, lambs, deer (or other
small ruminants of a similar nature), and all domesticated or farmed bird species
such as chickens, ducks, geese, turkeys, quail, pheasants, guinea fowl, and similar
species.
22. Sections 20 & 21 do not apply to Animals temporarily brought into the Town for
parades, carnivals, rodeo, chuckwagon events or exhibits under the care and
supervision of qualified persons.
Restrictions on Number of Animals
23. No person shall keep or harbour more than two (2) animals of each genus (i.e.,
cats and dogs) per dwelling unit. The total number of animals per dwelling unit
shall not exceed four (4).
a. Exemptions: The Chief Administrative Officer (CAO) may, in exceptional or
limited circumstances, grant an exemption to the limits in this Section. Such
exemptions may be considered where but are not limited to:
i. New residents recently moving to the Town who require additional
time to comply with the limits and the animals in question have
demonstrated good behaviour and responsible ownership
ii. Other special circumstances deemed reasonable by the CAO.
BYLAW NO.25-07
Animal Control & Licensing Bylaw
Page 5
Exemptions under this section are intended to be used sparingly and are
not to be interpreted as routine approval for exceeding the limits set out in
this Bylaw.
24. Section 23 above does not apply to Animals under the age of three (3) months.
Responsibilities and Standards of Care
25. An Owner of a licensed Animal is guilty of an offense if that Animal is not wearing
a License Tag while that Animal is on property other than the Owner's Property
unless it is not possible to securely fasten the License Tag (directly or indirectly) to
the Animal.
26. An Owner or a person in charge of a Licensed Animal shall:
a. ensure that the Animal has adequate food and water;
b. provide the Animal with reasonable protection from injurious heat or cold;
c. provide the Animal with adequate care when the Animal is ill or wounded;
d. not confine the Animal to an enclosure or area with inadequate space,
unsanitary conditions, inadequate ventilation or without providing an
opportunity for exercise, so as to significantly impair the Animal's health or
wellbeing;
e. ensure that the Animal receives regular grooming and claw care to avoid
knots, skin damage, skin lesions and discomfort to the Animal; and
f.
not allow the Animal to be present at any place, private or public, where
there are signs prohibiting the presence of Animals, regardless of whether
or not the Animal is under control;
27. No person shall cause an Animal to be in distress.
28. For the purposes of this Bylaw, an Animal is considered to be in distress, if that
Animal is:
a. deprived of food, water, adequate shelter, ventilation, space, veterinary
care or reasonable protection from injurious heat or cold;
b. injured, sick, in pain or suffering; and/or
c. abused or subjected to undue hardship, privation or neglect.
29. Section 28 above does not apply if the distress, or any pain, suffering or injury to
the Animal result from an activity carried on in the practice of veterinary
medicine, or in accordance with reasonable and generally accepted practices
of Animal management, husbandry or slaughter.
30. Pursuant to Sections 26, 27, and 28 above, in the event that the Town does not
have direct ability and/or capacity for enforcement of such items, the Town may
receive complaints and concerns from citizens for items related to Responsibilities
and Standards of Care, and as deemed necessary and able address the item or
may forward such matters to the appropriate channels at the regional, Provincial,
or Federal level as deemed necessary.
31. The Owner of a female Animal shall keep the Animal housed and confined in a
building or a licensed kennel during the entire period that the Animal is in heat,
except that the female Animal may be allowed outside any such building or
kennel for a reasonable period for the sole purpose of eliminating on the Owner's
Property.
32. The Owner or person in charge of an Animal shall ensure that any defecation
apparently left on the Owner's Property from the Animal does not accumulate in
such a manner as to cause a disturbance or pose a health risk to others.
33. If an Animal defecates on a property other than the Owner's Property, the Owner
shall cause such defecation to be removed immediately and disposed of in a
sanitary manner.
34. No person shall untie, loosen or otherwise free an Animal which is not in distress,
unless such a person has the authorization of the Owner.
35. The Owner of an Animal that is suffering from any communicable disease shall:
a. not permit the Animal to be in a public place;
b. not keep the Animal confined; and
c. immediately report the disease to the appropriate authorities, where
required by law.
36. The Town may loan a trap to any person for a period not exceeding five (5) days
and in every such case the Town shall obtain from the person borrowing the trap,
a cash deposit of fifty dollars ($50.00) and shall refund the deposit upon return of
the trap in the same condition as it was when loaned, reasonable wear and tear
expected.
37. A person who takes control of a stray Animal shall forthwith notify the Animal
Control Officer and provide any required information.
38. Unless otherwise permitted by law, no person shall capture any Animal by means
of a leg hold or foot hold trap.
39. No person shall violate any term or condition attached to a License issued
pursuant to this Bylaw.
40. No person shall provide false or misleading information to the Animal Control
Officer.
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Animal Control & Licensing Bylaw
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41. No person shall interfere with, hinder or impede an Animal Control Officer in the
performance of their duties authorized by this Bylaw.
Regulations Applying to all Dogs and Cats
42. The Owner of an Animal shall obtain and keep force a License for the Dog,
pursuant to Section 4 of this Bylaw.
43. The Animal Control Officer may not issue or renew an Animal License, unless the
Officer is satisfied that:
a. at least one person named on the License is at least eighteen (18) years of
age;
b. all applicable fees have been paid; and
c. all required information has been provided.
44. Notwithstanding Sections 6, where the Animal Control Officer is satisfied that a
person with disabilities is the Owner of a Dog that is trained and used to assist the
disabled person, there shall be no License fee payable by the person for that
Dog.
45. Notwithstanding Section 15, the Animal Control Officer may issue or renew a
License for a shorter or longer period than one year only in exceptional
circumstances as determined by the Officer. Proportional fees for partial-year
licenses shall not be calculated for standard registration purposes, except as may
be determined by the Animal Control Officer in exceptional circumstances.
46. License fees shall generally be for a full calendar year. Standard fees shall apply
to licenses issued or renewed on or after October 1 with the registration being
valid for the remainder of the current calendar year and the following year with
an expiration of December 31st, pursuant to Section 15.
47. The Owner or a person having care or control of an Animal shall, at all times when
the Animal is off the Owner's Property:
a. have it under control; and
b. held on a leash not exceeding three (3) metres in length.
48. The Owner or person having control of an Animal shall ensure that the Animal
does not become a public nuisance by permitting or otherwise allowing the
Animal to:
a. run At Large;
b. enter onto any private property other than the Owner's Property, unless it
is a Permitted Property as defined in this Bylaw; or
c. cause damage to public or property or another Animal;
d. chase, attack, harass, bite or attempt to chase, attack or bite any person,
Animal, or any automobiles, bicycles or any other vehicles, whether on the
Owner's property or not;
e. bark, howl, yowl or otherwise disturb the peace of any person;
f.
worry or annoy any other Animal;
g. be left unattended in a motor vehicle, unless the Dog is restricted so as to
prevent access to persons, and so long as the restraint used provides
suitable ventilation;
h. upset waste receptacle or scatter the content of any garbage
receptacle; or
i.
defecate on a property other than the Owner's Property.
49. Special consideration may be provided for Section 44(a), (b), (c), (d) and (e) in
matters where a chase, attack, bite, damage or injury is a direct result of the
Animal being provoked with intent.
50. Nothing in this Section removes the obligation to have a Animal under control
when the Animals is off the Owner's Property.
Regulations Applying to High Supervision Dogs
51. Where an Owner disputes the designation of their Dog as a "Restricted Dog" due
to the basis of animal breed, the Town may require the owner to provide a written
certificate from a Veterinarian confirming the breed or mixed breed of the
owner's dog. The Owner shall be responsible for any fees or costs associated with
the issuance of the certificate.
52. If the Animal Control Officer determines that a Dog is a Vicious Dog, either
through personal observation or after an investigation initiated by a complaint, he
or she may in writing:
a. inform the Owner that their Animal has been determined to be a Vicious
Dog;
b. require the owner to keep such dog in accordance with the provisions of
this Bylaw; and
c. inform the Owner that if the Vicious Dog is not kept in accordance with
provisions of this Bylaw, the owner will be fined, or subject to appropriate
enforcement action(s) provided for in this Bylaw.
53. The Owner of a High Supervision Dog shall obtain and keep in force a High
Supervision Dog license for their Animal.
BYLAW NO.25-07
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54. The Owner of a High Supervision Dog shall have the Animal tattooed or
photographed to the satisfaction of the Animal Control Officer, for the purpose of
identifying such Dog as being a High Supervision Dog.
55. The Owner of a High Supervision Dog shall maintain in force a policy of liability
insurance in a form satisfactory to the Town of Falher providing third party liability
insurance coverage in a minimum amount of $500,000.00 for injuries caused by
High Supervision Dog.
56. The liability policy shall contain a provision requiring the insurer to immediately
notify the Town in writing should the policy expire or be cancelled or terminated.
57. The Owner of a High Supervision Dog shall provide to the Animal Control Officer
proof that such liability policy is in force before they may obtain a High Supervision
Dog.
58. Upon cancellation, expiry or termination of the liability policy, the High Supervision
Dog License is null and void.
59. At all times, while a High Supervision Dog is on the premises of its Owner, the
Owner shall:
a. keep the Dog confined indoors under the effective control of a person
over the age of sixteen (16) years;
b. keep the Dog confined in a securely enclosed and locked pen; or
c. keep the Dog confined in other structure, constructed to prevent the
escape of the High Supervision Dog, and capable of preventing the entry
of young children.
60. A pen purchased or constructed for keeping a High Supervision Dog shall 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 one (1) foot.
61. The Owner of a High Supervision Dog shall not permit or allow the Animal to be on
any public property or private property that is not owned or under the control of
the Owner, unless the High Supervision Dog is:
a. muzzled;
b. on a leash; and
c. under the effective control of the Owner or someone over the age of
sixteen (16) years acting on behalf of, and with the authority of, the Owner
as required by this Bylaw.
62. Section 59 shall not apply when the High Supervision Dog is in a pen meeting the
requirements of Section 60.
ENFORCEMENT
Offences and Penalties
63. Any person who contravenes any provision of this Bylaw is guilty of an offence.
64. A person who is guilty of an offence is liable to a fine in an amount not less than
that established in this Bylaw and not exceeding $10,000.
65. Under no circumstance shall any person contravening any provisions of this Bylaw
be subject to the penalty of imprisonment.
66. In the case of an offence of a continuing nature, a contravention constitutes a
separate offence pertaining to each day, or part of day, in which the offence
continues, and the person guilty of the offence is liable to a fine in an amount not
less than that established in this Bylaw for that offence for each such day.
67. Without restricting the generality of Section 71, fines and penalties are those
amounts established in Schedule B of this Bylaw, as amended from time to time
by Council.
68. Where there has been a breach of this Bylaw, an Animal Control Officer may
issue:
a. a Municipal Violation ; or
b. a Violation Ticket pursuant to Part 2 of the Provincial Offences Procedure
Act, S.A., 1988, c.P-21.5, as amended
c. as deemed appropriate.
69. If a Municipal Violation is issued for an offence, the Tag shall specify the exact fine
amount established in this Bylaw for that offence.
70. A person who has been issued a Municipal Violation for an offence committed
under this Bylaw may pay the fine amount and, if the amount is paid on or before
the required date, the person shall not be prosecuted for the offence.
71. If a Violation Ticket is issued in respect for an offence, the Violation Ticket may:
a. specify the fine amount established by this Bylaw for that offence; or
b. require the person to appear in court without the option of making
voluntary payment.
72. A person who has been issued a Violation Ticket that specifies the fine amount for
an offence committed under this Bylaw may make a voluntary payment equal to
the fine amount on or before the required date.
Seizure and Impounding of Animals
73. The Animal Control Officer may capture, seize and impound any Animal that is:
a. At Large;
b. alleged to have killed or seriously injured a person or another Animal;
BYLAW NO.25-07
Animal Control & Licensing Bylaw
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c. alleged to have damaged property;
d. alleged to have created a disturbance or other forms of nuisance;
e. unlicensed contrary to the provisions of this Bylaw; and/or
f.
prohibited from being kept or raised in the Town.
74. In capturing, seizing and impounding any Animal, the Animal Control Officer must
consider whether the Animal was acting in self defence or attempting to prevent
a person form committing an unlawful act.
75. In capturing, seizing and impounding any Animal, the Animal Control Officer may
take such reasonable measures as are necessary to subdue the Animal, including
the use of tranquillizer equipment and materials.
76. An impounded Animal may be kept in a Shelter. If the Animal is injured in the
process of being impounded, the Animal may be taken to a registered
veterinarian for treatment and then to the Animal Shelter.
77. An impounded Animal may be kept in the Animal Shelter for a period of ninety-six
(96) hours. Sundays and Statutory holidays shall not be included in the
computation of the ninety-six (96) hour period.
78. An impounded Animal may be redeemed by its Owner upon making payment to
the Town or its authorized agent:
a. the appropriate impoundment fee, as set out in Schedule "A" of this
Bylaw;
b. the appropriate License Fee, if the Animal is not licensed; and
c. the cost of any veterinary treatment to relieve pain or bleeding of the
Animal that is found to be injured when picked up or injured in the process
of capture.
79. Notwithstanding Section 83 above, the Animal Control Officer is not obliged to
release the Animal to its Owner, if:
a. no License has been obtained for the Animal in violation of this Bylaw;
b. the application for a License for the Animal was submitted but refused;
c. the conditions of the License issued for the Animal have not been met;
d. the Animal has been impounded on multiple occasions;
e. the Animal Control Officer has reasonable grounds to be believe that
returning the Animal to its Owner is not in the interest of the Animal or the
public; and/or
f.
the Animal is prohibited from being kept or raised in Town;
80. Upon the expiration of the ninety-six (96) hour period prescribed in Section 81 of
this Bylaw, the Animal Control Officer may:
a. offer the Animal for sale, or for gift;
b. destroy the Animal in a humane manner;
c. allow the Animal to be redeemed by its Owner in accordance with the
provisions of Section 83; or
d. continue to impound the Animal for an indefinite period of time or for such
further period of time as the Animal Control Officer may decide at their
discretion.
Controlled Confinement
81. A person or Owner who has received a Serious Wound from an Animal, and the
Owner of an Animal which has inflicted the Serious Wound, shall promptly report
the Animal to an Animal Control Officer who may thereupon place the Animal
under Controlled Confinement.
82. Upon demand made by the Animal Control Officer, the Owner shall forthwith
surrender for quarantine any Animal:
a. which has inflicted a Serious Wound to any person;
b. which the Animal Control Officer has reasonable and probable grounds to
suspect of having been exposed to rabies or other contagious disease(s).
83. At the discretion of the Animal Control Officer, a Controlled Confinement may be
on the premises of the Owner, a registered Veterinarian within the Town, or the
Animal Shelter.
84. An Animal placed under Controlled Confinement shall not be released to the
Owner unless:
a. by written permission from a registered Veterinarian;
b. the Animal is adjudged free of rabies or other contagious disease(s), if
applicable;
c. the Owner has paid any confinement expenses incurred, if applicable;
and
d. upon compliance with the licensing provisions of this Bylaw, if applicable.
85. Notwithstanding Section 84 above, where the Animal Control Officer determines
that there is no License issued for the Animal and/or a License will not be issued
for the Animal, then the Animal shall be treated pursuant to Section 85 of the
Bylaw.
Revocation of Licence
86. The Animal Control Officer may revoke a License if:
a. the applicant fails to comply with the conditions of the License;
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Animal Control & Licensing Bylaw
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b. the License was issued on the basis of incorrect information or
misrepresentation by the applicant;
c. the License was issued in error; and/or
d. the Owner breaches a provision of this Bylaw.
Compliance with Other Legislation and Legal Redress
87. The Owner or person in control of an Animal is responsible for, and is not excused
from, ascertaining and complying with the requirements of any applicable
Federal, Provincial or other Municipal legislation, including the Town's Land Use
Bylaw.
88. Where the keeping of an Animal would not comply with any Federal, Provincial or
other Municipal legislation, the Animal Control Officer may refuse to issue a
license.
89. Nothing in this Bylaw limits the right of any person to prosecute a claim or seek
legal redress for damages suffered by reason of injuries to a person or property
resulting from the action(s) or inaction(s) of the Owner of any Animal or their
agent.
FEES AND FINES
90. The following fees and penalties are hereby established:
a. For licenses, the amount set out in Schedule A of this Bylaw;
b. For any impound and required veterinary treatment, including drugs and
medicines, the actual cost of the treatment;
c. For fines and penalties, the amount set out in Schedule B of this Bylaw.
SEVERABILITY
91. Should any provision of this Bylaw be invalid, then such invalid provision may be
severed and the remaining Bylaw shall be maintained.
ENACTMENT
92. This Bylaw shall come into effect on the date of it finally being passed.
93. Bylaw No. 09-06, Cats and Dog Bylaw; Bylaw No. 09-07 Vicious Dog Bylaw; and
Bylaw No. Animal Control By-law 10-03, and any amendments thereto, are hereby
repealed.
READ a first time this ____ day of ____________________, 2025
READ a second time this day of , 2025
READ a third time and finally passed this day of , 2025
____________________________________
MAYOR
____________________________________
MUNICIPAL ADMINISTRATOR
SIGNED COPY AVAILABLE FOR VIEWING IN PERSON AT MUNICIPAL OFFICE
BYLAW NO.25-07
Animal Control & Licensing Bylaw
Page 10
SCHEDULE 'A'
FEES
1.
License Fee for each Animal (including License Tag):
(a)
Dog (male) License: $20.00
(b)
Dog (female - spayed) License: $20.00
(c)
Dog (female - non-spayed) License: $30.00
(d)
Cat (male) License: $20.00
(e)
Cat (female - spayed) License: $20.00
(f)
Cat (female - non-spayed) License: $30.00
(g)
High Supervision/Restricted/Vicious Dog License: $150.00
NOTE: The prorating of License Fees may be applied for #1 as set out in #2
below.
2.
Applications for Licenses made between:
(a)
January 1 and October 31 in any given year shall be subject
to the complete License Fee as set out in #1 above.
(b)
November 1 to December 31 in any given year may be
subject to the complete License Fee as set out in #1 above
with licensing being valid from the date of registration until
December 31st of the following year.
3.
Replacement License Tag: $5
4.
Impoundment Fees (Shelter and Care):
Shelter: Those charges rendered by the Animal Shelter.
Any required veterinary treatment: Actual Cost
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Animal Control & Licensing Bylaw
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SCHEDULE 'B'
FINES
Bylaw Ref.
Nature of Violation
Fines
Section 19
Prohibited Animal or High
Supervision Dog within a
Campground
$500.00
Section 20
Owner of a Prohibited Animal
within Corporate Limits
(Large Animal)
$500.00/large
animal
Section 23
Harbouring or keeping more
Animals than permitted
$300.00
Section 25
Owner of a licensed Animal
not wearing License Tag
while off the owner's property
$100.00
Section 26 (f)
Owner of an Animal which is
present in an area where the
presence of Animals is
prohibited by sign
$200.00
Section 31
Failure of Owner to keep a
female Animal in heat
housed and confined to
building or kennel
$200.00
Section 32
Accumulation of defecation
on an Owner's property
posing a health risk to others.
$250.00
Section 33
Failure of Owner to remove
defecation immediately from
property which is not the
Owner's property.
$250.00
Section 34
Untying, loosening or
otherwise freeing an Animal
without the Owner's
authorization
$200.00
Section 40
Providing false or misleading
information
$500.00
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Animal Control & Licensing Bylaw
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Section 41
Interfering with, impeding or
hindering an Animal Control
Officer's enforcement of this
Bylaw
$1,000.00
Section 48
Owner of an Animal at large
$100.00
Section 48
Owner of an Animal which
bites, attacks, threatens,
harasses, barks at, chases or
injures any person.
$500.00
Section 48
Owner of an Animal which
bites, attacks, threatens,
harasses, barks at, chases,
kills, or injures any animals
or pets belonging to other
persons
$250.00
Section 48
Owner of an Animal which
bites, barks at, or chases any
vehicle
$200.00
Section 48
Owner of an Animal which
causes damage to Property
$500.00
Section 48
Teasing, tormenting,
annoying, abusing or injuring
any Animal
$500.00
Sections 4-19
Failure to obtain license
$200.00
Second or subsequent offence
within one year of the first
offence
Double the amount of the
specified penalty prescribed for
a first offence
An offence for which a penalty
is not otherwise provided in
Schedule "B" of this Bylaw
$200.00