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Bylaw 468-12
BY-LAW # 468-12
OF THE VILLAGE OF HEISLER
IN THE PROVINCE OF ALBERTA
A BY-LAW OF THE VILLAGE OF HEISLER IN THE PROVINCE OF ALBERTA PROVIDING FOR THE
LICENSING AND CONTROLLING OF DOGS WITHIN THE SAID VILLAGE.
WHEREAS
THE MUNICIPAL GOVERNMENT ACT, RSA 2000, c. M-26 AS AMENDED OR
REPEALED AND REPLACED FROM TIME TO TIME, PROVIDES THAT A
COUNCIL MAY PASS BYLAWS FOR MUNICIPAL PURPOSES RESPECTING
WILD AND DOMESTIC ANIMALS AND ACTIVITIES IN RELATION TO THEM;
AND WHEREAS
the Council of the Village of Heisler deems it advisable to pass a bylaw for
restraining and regulating the running at large of dogs and the licensing,
impoundment and disposal of dogs running at large within the Village of
Heisler.
NOW THEREFORE the Municipal Council of the Village of Heisler duly assembled enacts as follows:
1. TITLE:
1. This bylaw may be cited as "The Dog Control Bylaw".
2. DEFINITIONS:
2. In this bylaw unless the context otherwise requires:
2.1
"Village" means the Village of Heisler.
2.2
"Council" means the Council of the Village of Heisler.
2.3
"Village Administrator" means a person appointed by Council as the Administrator of the
Village of Heisler.
2.4
"Dog" means any animal of the Canine family, regardless of the sex of such animal.
2.5
"Dog Tag" means a numbered metal tag issued by the Village when the owner of a dog
licenses such dog with the Village.
2.6
"Dog at Large" means a dog that is on any property not belonging to the owner of said dog
and is not being restrained by a leash or is not being effectively controlled by the owner.
2.7
"Dog Catcher" means any person appointed by the Village Administrator to seize and
impound dogs.
2.8
"Enforcement Officer" means any peace officer or any other person appointed by Council to
enforce the provisions of this bylaw.
2.9
"Owner" unless the context otherwise requires, means any person, partnership, association
or corporation who has legal title or possession of a dog or who harbours or keeps or has the
care or control of a dog.
2.10
"Excessive barking" means continuously for more than 5 minutes.
Bylaw 468-12
2.11
"Persistent barking" means barking for longer than 30 seconds at a time and several times
during the day.
2.12
"Pound" means a place, designated by Council, where dogs that have been seized shall be
kept.
2.11
"Pound keeper" means any person appointed by the Village Administrator to keep a pound
for the purpose of controlling and disposing of dogs that have been seized.
2.12
"Violation tag" means a ticket or similar document issued by the Village pursuant to the
Municipal Government Act, R.S.A. 2000, c.M-26, as amended or replaced and
appealed from time to time.
2.13
"Violation ticket" means a ticket issued pursuant to the Provincial Offenses
Procedure Act, RSA 2000, c.P-34 and regulations there under, as amended or replaced
and repealed from time to time.
2.14
"Defecation" means here the act of eliminating solid or semisolid waste materials (feces)
from the digestive tract of the dog.
3. LICENSING:
3.1
Every owner of a dog over the age of three months in the Village of Heisler shall, before the
31st. day of January of each calendar year, license such dog with the Village and pay to the
Village a license fee for each dog so licensed as specified in Schedule A.1.
3.2
Every owner of a dog in the Village of Heisler, who fails to license such dog as required by
Section 3.1 herein, shall license such dog with the Village and pay to the Village an increased
license fee as specified in Schedule A.1.
3.3
Notwithstanding the provisions of sections 3.1 and 3.2 herein, every owner who after the
31st. day of January in any calendar year acquires a dog or who has a dog and takes up
residence in the Village shall within fourteen (14) days thereof license his or her dog with the
Village and pay to the Village a license fee for each dog being licensed.
3.4
In the event that such an owner fails to license his or her dog within fourteen (14) days as
aforesaid and if such owner keeps a dog within the Village he or she shall license such dog
with the Village and pay to the Village an increased license fee as specified in Schedule A.1.
3.4
Notwithstanding Sections 3.1, 3.2, 3.3, or 3.4 herein, a person possessing a registered or
certified guide dog shall NOT be required to pay a license fee.
3.5 Upon licensing a dog as required in this bylaw, the owner shall be issued with a metal dog tag
that has been stamped with a license number.
3.6 In the event that a dog tag is lost, a new dog tag may be issued, upon proof of license of the
dog and upon payment to the Village of a fee as set out in Schedule "A".
3.7 A dog tag shall not be transferred from one dog to another, or attached to any dog that has
not been licensed with the Village.
3.8 At all times when a dog is on any property other than that of its owner, the dog tag issued for
such dog shall be attached to a collar or harness that is being worn by said dog.
Bylaw 468-12
4. REGULATIONS:
4.1
No owner shall cause, or allow or permit another person to cause, his dog to be or to be on
any property not his own unless:
(a)
a leash of sufficient strength to restrain the dog, and not longer than 1.5 meters, is
securely attached to the dog, and
(b)
the leash is being held by a person able to restrain the dog, or
(c)
the leash is securely tied to a stationary object that cannot be moved by the dog, and
(d)
the dog cannot interfere with normal human traffic.
4.2 No owner shall cause, or allow or permit another person to cause, his dog while on property
not his own to:
(a)
bark at any person, or
(b)
chase any person or vehicle, or
(c)
attack any person, or
(d)
chase, challenge, or attack any animal owned or being kept by another person, or
(e)
cause any damage or nuisance thereon. An owner whose dog defecates on said
property shall forthwith remove any defecated matter to a suitable receptacle as
would not constitute a nuisance. The provisions of this section shall not apply to a
blind person who is being guided by a bona fide "seeing eye" or guide dog.
(f)
run at large.
4.3
No owner shall cause, or allow or permit another person to cause, his dog to be or remain on
any private property without having first obtained the permission of the owner of said
property.
4.4
No owner shall cause, or allow or permit his dog to bark or yelp or howl excessively or
persistently or in any other manner disturb the quiet of any person.
4.5
No owner shall fail to immediately take all reasonable steps to quiet his dog that is barking each
and every time the dog barks.
4.6
No owner shall own, possess, keep, harbour, or have care or control of more than two dogs that
by nature of their size, breed, disposition, or for any other reason are sheltered or fed or
exercised or otherwise kept on a property outside the structural walls of the principal
residence of the owner.
4.7 No person shall in any way permit a dog to be in distress by:
(a) causing any unnecessary physical pain to the dog, or
(b)
neglecting to provide food, potable water, care or shelter as is necessary to maintain
the good health of the dog, or
Bylaw 468-12
(c)
neglecting to provide the necessary treatment for a dog suffering from disease or
injury or which is infested by any vermin or parasite, or
(d)
harassing or tormenting such dog.
4.8
DEFECATION:
(a)
The owner or any other person having care or control of a dog, shall forthwith
remove any defecation left by it on public property or private property other than
that of the owner.
(b)
The owner or any other person having care or control of a dog, shall ensure that
defecation apparently left by it on the property of the owner does not accumulate to
such an extent that it is reasonably likely to annoy or pose a health risk to others.
(c)
Penalties as described in Schedule A.5
5. ENFORCEMENT:
5.1
Any dog at large may be captured and seized by any dog catcher or Enforcement Officer and
placed in a pound as provided for in this bylaw.
5.2
An Enforcement Officer or a dog catcher may use any means necessary to capture and seize
a dog at large, provided that:
(a)
no dog shall be seized on private property without the permission of the owner of
said property, except in case of fresh pursuit and it is definitely known that the
property is not that of the owner of the dog, and
(b)
every reasonable precaution is taken to avoid causing any injury or bodily harm to
such dog.
5.3
Every dog seized under this bylaw shall, as soon as practical, be taken to the prescribed
pound and restrained therein.
5.4
No person shall in any way interfere with, or obstruct an Enforcement Officer or dog catcher
who has seized or is attempting to seize a dog at large except that the owner of such dog
may redeem the dog by signing a Claim and Release form as approved by the Village
Administrator.
5.5
No person shall release or attempt to release a dog that has been seized except as otherwise
provided in this bylaw.
5.6
If a dog is in distress and
(a)
the owner does not forthwith take steps that will relieve its distress, or
(b)
the owner cannot be found immediately and informed of the dog's distress,
an Enforcement Officer or dog catcher may, with the assistance of a member of the Royal
Canadian Mounted Police, take any action he considers necessary to locate the animal and
relieve its distress, including taking the dog into custody, pursuant to the Animal Protection
Act.
6. POUND
Bylaw 468-12
6.1
A pound keeper shall:
(a)
receive and impound any dog seized under the provisions of this bylaw, and
(b)
keep a record of such dog on a form approved by the Village Administrator, and
(c)
ensure that any dog so impounded is provided with sufficient food and potable water
to maintain the health and comfort of the dog, and
(d)
provide the services of a veterinarian, as soon as practical, for any dog which
appears to be ill or injured, and
(e)
ensure that no dog, while impounded is unnecessarily mistreated.
6.2
Any dog that has been placed in a pound shall be kept therein for a period of not less than
three clear days, exclusive of Saturdays, Sundays and statutory holidays unless sooner
claimed by the owner or otherwise disposed of in accordance with this bylaw.
6.3 An owner may redeem an impounded dog upon payment to the pound keeper of all fines
and fees and costs as prescribed in this bylaw and shall sign a Claim and Release form as
approved by the Village Administrator.
6.4
All fines, fees and costs, as applicable, shall be paid to the pound keeper prior to release to
the owner of any dog.
6.5
In any case, where a dog is found to be ill or has been injured and it has been determined by
a veterinarian or other competent person that the dog should be destroyed to prevent
needless suffering, the dog may be destroyed as soon as practical.
6.6
Any dog that has been impounded for longer than the period of time prescribed in this bylaw
may at the discretion of the pound keeper:
(a)
be sold at a price to cover the cost of the impoundment, provided that the dog is not
sold to the owner or to any other person representing the owner, or
(b)
be destroyed by a veterinarian.
6.7
No person shall purchase an impounded dog and thereafter return it to the previous owner,
unless he first reports his intention to return the dog to such owner and provides the name
and address of said owner to the pound keeper.
6.8
The pound keeper shall, if the dog being impounded is wearing a dog tag or any other
identification, make a conscientious effort to notify the owner that the dog has been
impounded and give said owner a reasonable period of time to claim the dog before
disposing of same.
6.9
The pound keeper shall, on or before the last working day of each month submit all monies,
copies of receipts and invoices, covering all transactions for the previous month, to the
Village Administrator.
7. OFFENCES AND PENALTIES:
7.1
A person who contravenes any section of this bylaw is guilty of an offence and liable, on
Bylaw 468-12
summary conviction before a Provincial Court Judge, to fines as listed in Schedule A.2 of
this bylaw.
7.2
A Provincial Judge, in addition to the penalties provided in this bylaw, may direct or order the
owner of the dog
(a)
to obtain a license, or
(b) to prevent such animal from doing mischief, or causing a disturbance, or a nuisance
complained of, or
(c) to have the dog destroyed or removed from the Village, or
(d) to comply with any other relevant sections of this bylaw, or
(e) in any other manner deemed appropriate.
7.3 Notwithstanding sections 7.1 and 7.2 of this bylaw, an Enforcement Officer may issue a
violation tag to a person who the Enforcement officer has reasonable and probable
grounds to believe has contravened any provision of this bylaw:
(a) specifying a voluntary payment as described in Schedule A.3 of this bylaw; and
(b) the person to whom the violation tag is issued may, in lieu of being prosecuted for
the offence, pay to the Village or the Enforcement Officer the penalty specified
within the time period indicated on the violation tag.
7.4 A violation tag shall be deemed to have been sufficiently served if
(a) served to the accused directly, or
(b) mailed to the address of the registered owner of the vehicle or person occupying a
property, or
(c) secured to the vehicle or property in respect of which the offense is alleged to have been
committed.
7.5 Where a violation tag has been issued and the penalty specified on the violation tag has
not been paid within the prescribed time, then an Enforcement Officer may issue a
violation ticket specifying that a voluntary payment be made as described in Schedule A.4
of this bylaw.
7.6 Notwithstanding sections 7.1 through 7.4 of this bylaw, an Enforcement Officer may
immediately issue a violation ticket to any person who the Enforcement Officer has
reasonable grounds to believe has contravened any provisions of this bylaw, specifying
that
(a) a voluntary payment be made as described in Schedule A.4 of this bylaw; or
(b)
if it is in the public interest to compel the accused to appear before a Judge, issue
a summons respecting any offense for which a voluntary payment may be made
requiring the accuse to appear before a Provincial Court Judge on the initial
appearance date without the alternative of making a voluntary payment.
Bylaw 468-12
7.7 The levying and payment of any fines shall not relieve a person from the necessity of
(a) immediately remedying the situation that created the violation, or
(c) paying any fees, charges or costs for which he is liable under the provisions of this bylaw.
7.8
For offences where a dog, while not on the owner's property and whether or not the dog is
on a leash, attacks a person or another animal or chases or challenges a person, the fine
shall double and the dog shall be defined as a vicious dog for bylaw enforcement
purposes.
8. SEVERABILITY PROVISION
8.1
Should any provision of this bylaw be invalid, then such provision shall be severed and the
remaining bylaw shall be maintained.
9. ATTACHMENTS
9.1 SCHEDULE A shall be included as part of this bylaw.
10. REPEAL
10.1 Village of Heisler bylaw # 330-07 is hereby repealed.
11. Amended
11.1 Village of Heisler bylaw #468-12 is herby amended.
12. EFFECTIVE DATE
12.1This bylaw shall take effect on the date of passing thereof.
READ A FIRST TIME THIS 16 TH DAY OF May, 2019
READ A SECOND TIME THIS 16 TH DAY OF May, 2019
READ A THIRD AND FINAL TIME AND FINALLY PASSED THIS 16 TH DAY OF May, 2019
______________________________
Bonita Wood
Mayor
_____________________________
Heidi Rohe
CAO
Bylaw 468-12
BY-LAW # _468-12__________
SCHEDULE "A"
SCHEDULE A.1
LICENSE FEE
$15.00
INCREASED LICENSE FEE
$30.00
DOG LICENSE LOSS - REPLACEMENT FEE
$5.00
SCHEDULE A.2
PENALTY FOR FIRST OFFENSE,**
$300.00
PENALTY FOR SECOND OFFENSE,
$600.00
PENALTY FOR SUBSEQUENT OFFENSE NOT LESS THAN $1200.00
SCHEDULE A.3
PENALTY FOR FIRST OFFENCE**
$75.00
PENALTY FOR SECOND OFFENCE
$150.00
PENALTY FOR SUBSEQUENT OFFENCES
$300.00
Bylaw 468-12
POUND FEES PER DAY*
$20.00
* PLUS APPLICABLE VETERINARY EXPENSES
SCHEDULE A.4
PENALTY FOR FIRST OFFENSE**
$150.00
PENALTY FOR SECOND OFFENSE
$300.00
PENALTY FOR SUBSEQUENT OFFENSE
$600.00
SCHEDULE A.5
PENALTY FOR FIRST OFFENSE
$100.00
PENALTY FOR SECOND OFFENSE
$200.00
PENALTY FOR SUBSEQUENT OFFENSE DOUBLE
FROM PREVIOUS OFFENSE
**For offences where a dog, while not on the owner's property and whether or not the dog is on a leash,
attacks a person or another animal or chases or challenges a person, the fine shall double and the dog
shall be defined as a vicious dog for bylaw enforcement purposes.