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TOWN OF HANNA
PROVINCE OF ALBERTA
BY-LAW 1035-2024
A BYLAW OF THE TOWN OF HANNA, IN THE PROVINCE OF ALBERTA, TO
REGULATE, CONTROL, LICENSE WILD AND DOMESTIC ANIMALS AND ACTIVITIES
IN RELATION TO THEM.
WHEREAS the Municipal Government Act, R.S.A. 2000, Chapter M-26, empowers
a Municipal Council to pass a Bylaw for municipal purposes respecting the safety, health,
and welfare of people, the protection of people and property, to regulate wild and domestic
animals, and to provide for the confinements of certain animals within Town, and to
regulate and control other animals.
AND WHEREAS the Municipal Government Act RSA 2000 Chapter M-26,
empowers a Municipal Council to impose a fine for infractions of a Bylaw,
AND WHEREAS the Municipal Government Act, RSA 2000 Chapter M-26
empowers a Municipal Council to regulate or prohibit and provide for a system of licenses,
permits or approvals.
NOW THEREFORE THE COUNCIL OF THE TOWN OF HANNA ENACTS AS
FOLLOWS:
PART l
ANIMAL CONTROL BYLAW
1.
This bylaw shall be known as "ANIMAL CONTROL BYLAW".
PART ll
INTERPRETATIONS
2.1
In this Bylaw, words shall have the same meanings as in the Municipal
Government Act except as otherwise defined below:
"Adjoining Neighbor" means an owner or occupant of a property that is contiguous
to Subject Property along a common property line. If the subject property is
located on a corner lot, an Adjoining Neighbor includes an owner or occupant of
property that is adjacent to the Subject Property across a rear lane, but not across
the street.
"Animal" means any bird, reptile, amphibian, or mammal excluding humans and
Wildlife.
"Animal Health Act" means the Animal Health Act, SA 2007, C A-40.2 including
regulations under that statute.
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Bylaw 1035-2024
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"At Large" means:
i)
An Animal or Animals which are not under the control of a Person
responsible for using a Leash and is or are actually upon property
other than the property in respect of which the Owner of the Animal
or Animals has the right of occupation, or upon any highway,
thoroughfare, street, road, trail, avenue, parkway, lane, alley,
square, bridge, causeway, trestle way, sidewalk (including the
boulevard portion of the sidewalk), Park or other public place which
has not been designated as an Off Leash Area, or
ii)
an Animal or Animals which are under the control of a Person
responsible using a Leash and which cause damage to Persons,
property, or other Animals.
"Attack" means force applied by an Animal to a Person or other Animal consisting
of a bite, puncture, or laceration, resulting in bleeding, sprains, bruising, or
multiple injuries.
"Bite" means force applied by an Animal by means of its mouth and teeth upon a
Person or other Animal.
"Cemetery" means land within the Town and managed and controlled by The
Town that is set apart or used as a place for the burial of dead human
bodies or other human remains or in which dead human bodies or other
human remains are buried.
"Certified Professional Dog Trainer" means a person specializing in training
dogs who is certified by the Certification Council for Professional Dog
Trainers.
"Chief Administrative Officer" means a person appointed to a position under the
Municipal Government Act, or that persons designate as required.
"Collar" means a band of metal or material, which is of suitable size and strength
that may be humanely placed around the neck of an animal.
"Communicable Disease" means a disease that affects animals and may be
transmitted to other animals and/or human beings.
"Council" means the Council of the Town of Hanna.
"Dangerous Animal" means any animal at any age or sex which:
i)
shows a propensity, disposition or potential to attack or injure,
without provocation, humans, or other animals,
ii)
without provocation, chases humans or other animals,
iii)
is a continuing threat of serious harm to humans or other animals,
iv)
without provocation, has attacked humans or other animals,
v)
a Municipal Officer determines on reasonable grounds to be a
dangerous animal, either through personal observation or based on
facts determined after an investigation initiated by a complaint.
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Bylaw 1035-2024
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"Dog" means either a male or female member of the canine family.
"Feral" means an animal that appears wild in nature and shows no signs of
domestication.
"Former Owner" means the Person who at the time of impoundment was the
Owner of an animal which has subsequently been sold or destroyed.
"Harness" means straps and fittings that are of suitable size and strength that
may be humanely attached to the chest and back of an animal.
"Identification" means a functioning and/or clearly readable:
i)
microchip,
ii)
license tag,
iii)
vaccination tag,
iv)
tattoo,
v)
personal tag,
vi)
brand,
which is found on an animal and can be traced to current ownership information.
"Kennel" means any person, group of persons, firm or corporation that is an
approved and currently licensed establishment, which is engaged in the
business or recreation of breeding and/or boarding and/or selling of
animals.
"Leash" means a tether of suitable strength that may be humanely attached to the
collar or harness of an animal, in order that the animal's actions be
controlled.
"License and/or Tag" means:
i)
a permanent identification tag issued by the Town showing the
license number for a specific dog and that is intended to be worn
on a collar or on a harness always attached to the dog when the
dog is off the Owner's property,
"Livestock" means such animal that has been domesticated for agricultural use
or pets including but not limited to; horse(s), cattle, sheep, swine, goat(s),
mule(s), or any other hooved animal, as well as fowls, including pigeons,
ducks, and turkeys, but shall not include dogs or cats.
"Microchip" means an encoded electronic device implanted in an animal by or
under the supervision of a registered veterinarian, which contains a unique
code number that provides owner information and is stored in a central
database.
"Muzzle" means a humane fastening or covering device of adequate strength
placed over the mouth of an animal to prevent it from biting.
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Bylaw 1035-2024
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"Owner" means any person, partnership, association, or corporation owning,
possessing, having charge of, or care and control, over any animal; or
harboring any animal; or suffering or permitting any animal to remain about
the Owner's house or premises. For purposes of this Bylaw, an animal may
have only one (1) owner.
"Park" means a public space controlled by the Town and set aside as a park to
be used by the public for rest, recreation, exercise, pleasure, amusement,
cultural heritage, education, appreciation of nature, and enjoyment and
includes:
i)
Playgrounds,
ii) Cemeteries,
iii) Natural areas,
iv) Sports Fields,
v) Pathways,
vi) trails, and
vii) Park roadways,
viii) School Ground,
But does not include Golf Courses
"Parkland" means all recreational land areas owned or controlled by the Town,
lying within the Town limits, and whether improved in whole or in part, or in
its natural state, and includes areas administered by the Town's Parks and
Facilities Department and includes buildings or other improvements
situated on these land areas.
"Pathway" means a multi-purpose thoroughfare controlled by The Town and set
aside for use by pedestrians, cyclists and Persons using wheeled
conveyances, which is improved by asphalt, concrete, gravel, or any other
surface, whether it is in a park and includes any bridge or structure with
which it is contiguous.
"Playground" means land within the Town and controlled by The Town upon
which apparatus such as swings, and slides are placed.
"Municipal Officer" means any person authorized by the Town of Hanna to
enforce this Bylaw. This includes individuals appointed under the Municipal
Officer Act, as well as any Town employee designated by Town Council for
duties related to animal control.
"Permit" means a permit issued under this Bylaw, as indicated under the
Municipal Government Act.
"Person" includes any individual, corporation, society, association, partnership,
or firm.
"Premises Identification (PID) Number" means a nine-character combination of
numbers and letters issued by the Province of Alberta pursuant to the
provisions of the Animal Health Act to owners of livestock.
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"Provincial Offences Procedure Act" means the Provincial Offences Procedure
Act, RSA 2000, C.P-34 as amended or appealed and replaced from time
to time.
"Registered Veterinarian" means a registered veterinarian as defined in the
Veterinary Profession Act.
"Residential District" means a designated residential district as per the Town of
Hanna Land Use Bylaw.
"School Ground" means that area of land adjacent to a school and that is
property owned or occupied by the Prairie Land Public School Division and
includes property owned or occupied with another party or the Town.
"Sell" means to exchange or deliver for money or its equivalent.
"Service Dog" has the same definition as set out in the Service Dog Act, S.A.
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.
"Severe Injury" includes any injury to a Person or Animal 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 Provincial Court of Alberta, board, or Director
upon hearing the evidence.
"Sign" means an inscribed board, structure or device serving for advertising or
information and includes, without being limited to, freestanding signs,
portable signs, and banners.
"ASPCA" means the Alberta Society for the Prevention of Cruelty to Animals.
"Sports Field" means land within the Town and controlled by The Town which is
set apart and used for the playing of a sport including baseball diamonds,
field hockey or cricket pitches, and rugby, soccer, or football fields.
"Subject Property" means a lot or parcel of land in respect of which a License is
sought or has been issued.
"Tattoo" means a permanent visible marking on the skin of an animal created by
or under the supervision of a registered veterinarian, which contains a
unique code of letters and/or numbers that provide owner information
recorded by a registered veterinarian and/or the Alberta Veterinarian's
Medical Association and its national affiliates.
"Animal Shelter" or "Pound" means the premises designated by the Town for
the purpose of impounding and caring for animals seized and/or regulated
under this Bylaw.
"Town" means the Town of Hanna.
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"Violation Tag" means a Town of Hanna issued notice that alleges an offence
and provides a person the opportunity to pay an amount to the town in lieu
of prosecution for the offence.
"Violation Ticket" means a violation ticket as defined in the Provincial Offences
Procedure Act, R.S.A. 2000, c. P-34.
PART IIl
LICENSING
3.1
No person shall own, keep, or harbor any dog within the Town limits without
a valid and current dog license.
3.2
The owner of every dog over six (6) months in the Town shall obtain a
license tag and pay the associated fee as set out in Schedule "A",
attached to, and forming part of this Bylaw, as amended periodically.
3.3
Approved animal license tags are issued annually and must be renewed
before January 30 of each calendar year. An animal with an expired tag is
considered unlicensed.
3.4
To qualify for the reduced rate for spayed or neutered dogs, the owner must
provide written proof from the veterinary facility that performed the
procedure or supply a statutory declaration stating the dog is spayed or
neutered.
3.5
Every person who becomes the owner of a dog over the age of six (6)
months or who moves into the Town with an unlicensed dog over six (6)
months old shall obtain a license and pay the license fee within one (1)
month of acquiring ownership or taking up residence in the Town.
3.51 Section 3.5 does not apply to animal/pet rescues or shelters
incorporated under the Alberta Societies Act or as defined by the
Canada Income Tax Act, provide the organization complies with all
other Town of Hanna Bylaws.
3.6
In the prosecution for a violation of this Bylaw, the burden of proving the
dog's age shall rest with the owner. Unless proven otherwise, the dog shall
be presumed to be at least six (6) months old.
3.7
Licenses issued under this Bylaw are non- transferable between animals
or owners unless prior written approval is obtained from the Town
Administration Office.
3.8
Upon payment of the license fee, the owner will be provided with a tag
stamped with a unique number and the effective year.
3.9
The Town or Municipal Officer may revoke a license if:
i)
the applicant fails to meet any condition of the License,
ii)
incorrect or misleading information was provided in the application,
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Bylaw 1035-2024
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iii)
the License was issued in error,
iv)
the Owner breaches this Bylaw, or
v)
a Registered Veterinarian certifies the animal is a health risk.
3.10
If a license application is rejected, or an existing license is revoked or
cancelled, the owner may submit a written appeal to the Town
Administration Office with ten (10) days of receiving written notice. The
appeal will be reviewed by the Town Council, which will provide a final
decision within four (4) days of reviewing at a regularly scheduled council
meeting.
If the appeal is unsuccessful, the owner must remove the animal from the
Town or turn it over to a Municipal Officer for appropriate disposition within
forty-eight (48) hours of receiving the final decision.
3.11
If a license tag is lost or stolen, the owner may obtain a replacement by
paying the fee in Schedule "A" attached to and forming part of this Bylaw.
3.12
A license tag is invalid if it is not associated with current owner or animal
information.
3.13
No person is entitled to a license rebate or refund under this Bylaw.
3.14
Every owner shall provide a suitable collar or harness and ensure that the
license tag is securely fastened to it. License tags may be removed during
grooming or other situations on the owner's property.
3.15
Animal license applications must include the following information:
i)
Owner's name, mailing address, street address, and contact
number(s)
ii)
The owner must be at least eighteen (18) years old.
iii)
Dog's name, age, breed details, and description, and
iv)
Any additional information required for the application.
3.16
The Town Administration Office shall keep a record of all animal licenses
issued under this Bylaw.
3.17
Every owner is responsible to notify the Town of any changes of address
within fifteen (15) days.
Maximum Numbers
3.18
No person shall keep or harbor more than three (3) dogs at six (6) months
or older, licensed or unlicensed, within any residence or premises in the
Town.
3.19
Subsection 3.18 does not apply to:
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Bylaw 1035-2024
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i)
Premises used for animal care by a registered veterinarian,
ii)
Temporary premises for animal shows,
iii)
Organizations offering recognized training classes,
iv)
Licensed businesses operating a pet store, grooming parlour, or
kennel in accordance with their license, or
v)
Dogs accompanying individuals in the Town for business or
vacation for up to fourteen (14) days, or as extended with written
permission.
vi)
Animal/pet rescues or shelters incorporated under the Alberta
Societies Act or as defined by the Canada Income Tax Act,
provided the organization is in compliance with all other Town of
Hanna bylaws.
Kennels
3.20
No person shall operate a kennel in any residential district in the Town.
PART lV
DANGEROUS ANIMALS
4.1
The Town will NOT permit or license any dangerous animals within its
limits.
4.2
If an animal is designated as dangerous under this Bylaw, any existing
license shall be revoked, and the owner must remove the animal from the
Town as per subsection 2.9.
Threatening Behaviors
4.3
The owner shall ensure the animal does not:
i)
Bite, bark at, or chase livestock, animals, bicycles, vehicles, or
people,
ii)
Damage public or private property, with the owner responsible for
repairs, and
iii)
Engage in acts that injure or attack any person or animal, cause
severe injury, or result in death to another animal.
4.4
An owner must not direct an animal to attack, chase, harass, or threaten
anyone or any animal.
Duty to Report Bite
4.5
An owner shall report to a Municipal Officer within twenty-four (24) hours if
their animal bites someone or another animal by:
i)
Providing their name and the animals license number to the person
bitten or their animal, and,
ii)
Filling out an Animal Bite Report with all events details.
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Bylaw 1035-2024
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PART V
OWNERS RESPONSIBILITIES
Keeping Animals Under Control
5.1
This section applies to all animals unless specified otherwise.
5.2
No owner shall allow any animal to roam at large in the Town.
5.3
Unless in an off-leash area, an owner must keep their dog leashed at all
times.
5.4
No animal, except a leashed dog, is permitted on parkland areas. .
5.5
Subsection 5.4 does not to animals participating in approved shows,
contests, or events.
Removing Excrement
5.6
Each animal owner must remove their animals' faeces immediately from
any area of their property.
5.7
Owners must carry a suitable bag or scooper and dispose of waste in a
sanitary manner.
5.8
Premises where animals are kept must be clean and sanitary.
5.9
An owner with a registered guide dog is exempt from subsection 5.7 but
should seek assistance to meet cleanliness requirements.
PART VI
ENFORCEMENT
6.1
Offences: Violating this bylaw constitutes an offence, with daily fines
applicable for ongoing violations.
6.2
Vicarious Liability: Employers and agents may also be held responsible
if a violation occurs during employment or agency duties.
6.3
Corporate and Partnership Accountability: Individuals within
corporations or partnerships involved in an offence may be personally
liable, regardless of whether the business entity is prosecuted.
6.4
Fines and Penalties: Fines may reach up to $10,000.00.
6.5
Violation Tags and Tickets: Authorized officers can issue violation tags
or tickets, which can be served in person, by mail, or attached to vehicles.
6.6
Obstruction: Interfering with an officer's duties is prohibited.
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6.7
Compliance Orders: Officers may issue orders to remedy violations, with
specific actions and timelines for compliance. Orders can be served in
person, by mail, or to a corporations registered office.
PART VII
GENERAL
7.1
Chief Administrative Officer (CAO) Authority: The CAO or designate
can perform inspections, enforce the bylaw, authorize restricted activities,
establish permits, and set compliance criteria.
7.2
Certified Records: Certified records by the CAO serve as valid evidence
in court.
7.3
Licenses: License holders must adhere to all conditions. Providing false
information may result in immediate license cancellation.
7.4
Proof of License: Responsibility lies with the individual claiming a license
to prove its validity.
7.5
Severability: If any part of the bylaw is invalidated, other provisions remain
enforceable.
Repeals
8.1
The following Bylaw(s) are hereby repealed.
The Animal Control Bylaw #808-1993.
EFFECTIVE DATE
This Bylaw shall come into effect upon the day of third and final reading:
READ A FIRST TIME THIS 14 DAY OF MAY 2024.
Mayor Danny Povaschuk
Chief Administrative Officer
Matthew Norburn
Town of Hanna
Bylaw 1035-2024
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READ A SECOND TIME THIS___ DAY OF __________ 2024.
READ A THIRD TIME AND FINALLY PASSED THIS ____ DAY OF _______ 2024.
Mayor Danny Povaschuk
Chief Administrative Officer
Matthew Norburn