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BYLAW
06/ 21
A BYLAW OF FLAGSTAFF COUNTY, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF REGULATING
PROHIBITED ANIMALS WITHIN THE MUNICIPAL BOUNDARIES
OF FLAGSTAFF COUNTY
WHEREAS the Municipal Government Act, RSA 2000, Chapter M- 26, and amendments thereto, grants
Council the authority to pass bylaws to regulate Prohibited Animals;
AND WHEREAS the Council of Flagstaff County deems it necessary and proper to regulate Prohibited
Animals within the limits of the County;
NOW THEREFORE the Council of Flagstaff County, in the Province of Alberta, duly assembled, hereby
enact
as follows:
1. 1 BYLAW TITLE
This Bylaw shall be known as the " Prohibited Animal Bylaw"
1. 2 DEFINITIONS
In this Bylaw unless the context otherwise requires:
a) " Act" shall mean the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M- 26. 1,
as amended or repealed
and replaced from time to time.
b) " Bylaw Enforcement
Officer" shall mean;
i) a member
of the Royal Canadian
Mounted
Police, while the member
is in the exercise
or
discharge of the member' s powers or duties;
ii) a Peace Officer appointed
under the Peace Officer Act, while the Peace Officer
is in the
exercise or discharge of the Peace Officer' s powers or duties;
iii) a Bylaw Enforcement Officer appointed by the council under the authority of the Municipal
Government Act, R. S. A. 2000, c. M- 26 and amendments thereto; or
iv) a Designated
Officer.
c) " Council" shall mean the Council of Flagstaff County.
d) " County" shall mean Flagstaff County.
e) "
Court" shall mean the Provincial Court of Alberta.
d) " Designated
Officer" shall
mean
a Designated
Officer as defined
in the Municipal
Government
Act.
d) "
Lands" shall mean land, buildings, premises, excavations, stockpiles, structures, and
appurtenances, or any personal property located thereupon, within the municipal boundaries of the
County.
e) "
Occupy" or" Occupier" shall mean residing on or to be in apparent possession or control of
property.
f) "Order" shall mean an Order issued by a Bylaw Enforcement Officer or a Designated Officer under
Section 545 of the Act, as applicable.
g) " Owner" shall mean:
i) In the case of land, any person who is registered under the Land Titles Act as the owner of the
land, or is listed on the County' s assessment
role as such; or
ii) In the case of property other than land, any person who is in lawful possession or control of
the property.
h) " Person" shall mean: An individual, and the heirs, executors, administrators, or other legal
representatives
of an individual; or Any business entity including
a firm, partnership, association,
corporation, company,
or society.
i)" Premises" shall mean the external surfaces of all buildings, and the whole or part of any land,
including land immediately adjacent to any building or buildings, situated in whole or in part within the
County and including any land or buildings owned or leased by the County.
j) " Prohibited Animals" are those animals that are not permitted within Flagstaff County and are listed
as follows: Wild Boar( Sus scrofa).
k) " Subsequent Offence" shall mean any repeat violation of this Bylaw that occurs after a summary
conviction.
I) "
Wild Boar(
Sus scrofa)" shall mean a dangerous pig that is covered in hair and often lives in the wild.
1. 3 GENERAL
PROHIBITION
a) No person shall keep, either on a temporary or permanent basis any Prohibited Animals on any
properties or premises within Flagstaff County.
b) Any Prohibited Animals located within the County must be euthanized or removed from the County
within seven (7) days of receiving an order from a Bylaw Enforcement Officer or Designated Officer. The
cost of removal will be at the sole responsibility of the Owner.
1. 4 SUMMARY CONVICTION
a) A Person who contravenes
a provision of this Bylaw is guilty of an offence and is liable, upon
summary
conviction, to a specified
penalty
as outlined
in Schedule "
A"--
Specified
Penalties.
1. 5 SEVERABILITY
a) Should any provision of this Bylaw be declared invalid by a Court of competent jurisdiction, then
such provision shall be severed, and the remaining portion of the Bylaw shall be maintained.
1. 6 EFFECTIVE DATE
a) This Bylaw shall come into full force and effect upon passing of the third reading.
READ
A FIRST TIME this
C
day of
S e pk , 2021.
READ
A SECOND
TIME this
ea
day of
5
p-t' , 2021.
READ
FOR A THIRD
AND FINAL TIME this
day of
S
e
2021.
SIGNED
and PASSED
this
day of
S r , 2021.
017/
REEVE
Q -
w J
CHIEF
AD
ISTRATIVE
OFFICER
Bylaw=
21 Prohibited
Animal
Bylaw
Schedule "
A"-
SPECIFIED
PENALTIES
Description
Fee
Keeping
Prohibited
Animals
on any property or premises
within
the County
5, 000. 00