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Bylaw 501-17
February 7, 2017
Page 1 of 12
VILLAGE OF HEISLER
BYLAW 501-17
BEING a Bylaw of the Village of Heisler in the Province of Alberta providing for the
close regulation of guard dogs and dogs determined to be vicious.
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repealed and replaced from time to time, provides that a Council may pass bylaws for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
AND WHEREAS, Council considers it necessary for the protection of the public health,
safety and welfare to provide for the close regulation of vicious and guard dogs;
NOW THEREFORE, the Municipal Council of the Village of Heisler in the
Province of Alberta, duly assembled, hereby enacts as follows:
1. TITLE
1.
This Bylaw shall be called "The Vicious and Guard Dog Bylaw".
2. DEFINITIONS
2.
In this Bylaw:
2.1 "At large" means a vicious or guard dog that is on any property not
belonging to the owner of the said dog, and is not being restrained by a
leash or is not being effectively controlled by the Owner in accordance with
this bylaw.
2.2 "Village" means the Village of Heisler.
2.3 "Council" means the Council of the Village of Heisler.
2.4 "Village Administrator" means a person appointed by Council as the
Administrator of the Village of Heisler.
2.5 "Dog" means a Vicious, or Guard dog.
2.6 "Dog Tag" means a numbered metal tag issued by the Village when the
owner of a dog licenses such dog with the Village.
2.7 "Enforcement Officer" means any Peace Officer including a person
appointed by Council to enforce the provisions of this bylaw.
2.8 "Guard Dog" means a dog of any age that is trained and used for the
Bylaw 501-17
February 7, 2017
Page 2 of 12
prevention of unlawful entry of a business premises in any commercial or
industrial area by unauthorized persons.
2.9 "Owner" unless the context otherwise requires, means any person,
partnership, association or corporation who has legal title or possession of
any vicious or guard dog, or who harbours or suffers or permits any such
dog to remain at or about his/her house or premises or has the care or
control of such a dog.
2.10 "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 "Vicious dog" means a dog of any age, including a guard dog which when on
or off the property of its Owner:
(a) shows a propensity, disposition or potential to attack or injure,
without provocation, other animals or humans; or
(b) without provocation, chases persons who approach it; or
(c) is a continuing threat of serious harm to other animals or humans; or
(d) without provocation, has attacked a person or other animal.
2.13 "Dog Catcher" means any person appointed by the Village Administrator or
Council to seize and impound dogs.
2.14 "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.
3. LICENSING
3.1
Every owner of a vicious or guard dog in the Village of Heisler shall, before
the 31st day of January of the current calendar year, license such dog with
the Village and pay a license fee for each dog to be licensed as set out in
Schedule A.1 this bylaw.
3.2 Every owner of a vicious or guard 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 set out in
Schedule A.1 of this bylaw.
Bylaw 501-17
February 7, 2017
Page 3 of 12
3.3 Every owner of a vicious or guard dog who takes up residence in the Village
of Heisler or acquires a dog(s) after January 31st of the current calendar
year shall within fourteen (14) days thereof, license his or her dog with the
Village or pay an increased license fee to the Village as set out in Schedule
A.1 of this bylaw.
3.4 A maximum of two dog licenses for dogs kept outside the principal
residence of the owner will be issued per residential property per calendar
year.
3.5 Upon licensing a dog as required in this bylaw, the owner shall be issued a
metal dog tag that has been stamped with the license number. In the event
the tag is lost, a new tag may be issued, upon payment of a fee as set out in
Schedule "A" of this bylaw.
3.6 A dog tag shall not be transferred from one dog to another, or attached to
any dog that has not been registered with the Village.
3.7 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.
4. REGULATIONS
4.1 An owner of a vicious dog shall maintain in force a policy of liability
insurance in a form satisfactory to the Village Administrator providing
third party liability coverage in a minimum amount of $500,000.00 for
injuries caused by the owner's dog.
4.2 The liability policy shall contain a provision requiring the insurer to
immediately notify the Village Administrator, in writing, should the policy
expire or be cancelled or terminated.
4.3 Upon cancellation, expiry or termination of the liability policy, the dog
license is null and void.
4.4 At all times while a vicious dog is on the premises of its owner, the owner
shall either keep such dog confined indoors under the effective control of a
person over the age of sixteen (16) years, or confined in a securely enclosed
and locked pen, or other structure, constructed as described in Section 4.5
to prevent the escape of the dog, and capable of preventing the entry of
young children.
4.5 Such pen 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
Bylaw 501-17
February 7, 2017
Page 4 of 12
minimum depth of thirty (30) centimetres.
4.6 When any vicious dog is off the premises of the owner, the owner shall
either:
(a) keep such dog contained as set out in Section 4.4, or
(b) securely muzzle such dog, and either harness it or leash it securely
to effectively prevent it from attacking or biting a person or other
animal.
4.7 The owner of a dog, which the owner knows to be a vicious dog (by the
nature of its temperament or its history), shall keep such dog in accordance
with the provisions of Sections 4.4 of this bylaw.
4.8 Guard dogs may only be kept in areas of the municipality zoned as
commercial or industrial districts.
4.9 The owner of a guard dog must either keep such dog confined indoors or
confined in a securely enclosed fenced area, constructed to prevent the
escape of the dog, and capable of preventing the entry of young children.
The fence shall have a minimum height of 2.2 metres. The owner shall post,
on the perimeter of the fence, warning signs of the presence of guard dogs.
4.10 The owner of a vicious dog shall take all necessary steps to ensure that such
dog does not bite, chase or attack any person or other animal, whether the
person or animal is on the property of the owner or not.
4.11 No more than two dogs that are housed outside the principal residence
shall be kept on a residential property, regardless of the number of lots
comprising said property.
4.12 Vicious dogs shall not be kept on any residential property other than on
residential property upon which the owner resides.
5. ENFORCEMENT
5.1 If an Enforcement 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 his/her dog has been determined to be a
vicious dog, and/or
(b) require the owner to keep such dog in accordance with the
provisions of Section 4.4 of this bylaw, and
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February 7, 2017
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(c) inform the owner that if the vicious dog is not kept in accordance
with Section 4.4 of this bylaw, the owner will be fined or subject to
enforcement action pursuant to Section 8 of this bylaw.
5.2 Any dog at large may be seized by an Enforcement Officer or the dog catcher
and placed in a pound as provided for in this bylaw. Any means necessary
to capture and seize the dog at large may be used, provided that:
(a) no dog shall be seized on private property without the permission of
the owner of the 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 is 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.
5.5 No person shall release or attempt to release a dog that has been seized
except as otherwise provided for in this bylaw.
5.6 In addition to the remedies set forth in this bylaw, if an Enforcement Officer
or dog catcher determines that a vicious dog, or guard dog is not being kept
in accordance with this bylaw, he may:
(a) make application pursuant to Section 545 of the Municipal
Government Act for an order directing that the owner keep such dog
in accordance with this bylaw or that the dog be removed from the
Village.
(b) make a complaint pursuant to the Dangerous Dogs Act for an order
directing that the dog be controlled or destroyed or removed from
the Village.
6. POUND
6.1 The pound keeper shall keep all impounded dogs for a period of not less
than three (3) clear days, exclusive of Saturdays, Sundays and Statutory
Holidays, unless otherwise disposed of in accordance with this bylaw.
During this period any healthy dog may be redeemed by its owner, or agent
Bylaw 501-17
February 7, 2017
Page 6 of 12
of the owner, upon payment to the pound keeper of:
(a) the appropriate fine where applicable; and
(b) the appropriate license fee when such a dog is not licensed; and
(c) the respective pound fee for each day or part thereof the dog was
impounded.
7.1 At the expiration of the three (3) day period, any dog not redeemed may be
destroyed.
7.2 The pound keeper shall report any apparent illness, communicable disease,
injury or unhealthy condition of any such dog to the veterinarian and act
upon his recommendation. The owner, if known, shall be held responsible
for all charges resulting.
8. OFFENCES AND PENALTIES
8.1 Every person who contravenes any of the provisions of this bylaw is guilty
of an offence and shall be liable on summary conviction to the penalty
specified on Schedule A.2 for such offence.
8.2 A Provincial Judge, in addition to the penalties provided in this bylaw, may
direct or order the owner of a vicious or guard dog to comply with relevant
sections of this bylaw, or have the animal removed from the Village, or have
the animal destroyed, or may make any other order or direction deemed
appropriate.
8.3 Notwithstanding sections 8.1 and 8.2 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.2 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 the penalty specified
within the time period indicated on the violation tag.
8.4 A violation tag shall be deemed to have been sufficiently served if
(a) served to the accused directly, or
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February 7, 2017
Page 7 of 12
(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.
8.4 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.2 of this bylaw.
8.5 Notwithstanding sections 8.1 through 8.4 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.2 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 accused to appear
before a Provincial Court Judge on the initial appearance date
without the alternative of making a voluntary payment.
8.6 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
(b) paying any fees, charges or costs for which he/she is liable under
the provisions of this bylaw.
9. EXCLUSION
9.1 This bylaw shall not apply to dogs owned or contracted by the Royal
Canadian Mounted Police, or any peace force, while the dogs are engaged in
police work.
10. SEVERABILITY PROVISION
10.1 Should any provision of this bylaw be invalid, then such provision shall be
severed and the remaining bylaw shall be maintained.
Bylaw 501-17
February 7, 2017
Page 8 of 12
11. LICENSING REFUND
11.1 Council is prepared to offer a refund to Dog Owners for dogs that the
Restricted, Vicious and Guard Dog Bylaw #469-12 classified
as a "Restricted" dog, subject to the conditions described in section 11.2
and 11.3, and provided the dog has not already been classified as Vicious
by an Enforcement Officer or the Courts.
11.2 The licensing fee shall be reduced from $100.00 to $15.00. All Dog Owners
that have purchased 2017 "Restricted" dog licenses will receive a refund of
the difference; to be paid to the license purchaser in a form chosen at the
discretion of the Village Administrator.
11.3 A Dog Owner that is entitled to the said refund; who has an amount
owing to the Village ie: property taxes, utilities, etc., as of the date of the
passing of this bylaw, will receive the refund in the form of a credit
towards the amount owing to the Village.
12. ATTACHMENTS
12.1 SCHEDULE "A" shall be included as part of this bylaw.
13. REPEAL
13.1 Village of Heisler Bylaw #469-12 is hereby repealed.
14. EFFECTIVE DATE
14.1 This bylaw shall come into effect on the date of final passing.
Bylaw 501-17
February 7, 2017
Page 9 of 12
READ a FIRST time in COUNCIL this 7th day of FEBRUARY, 2017.
READ a SECOND time in COUNCIL this 7th day of FEBRUARY, 2017.
READ a THIRD time and FINALLY PASSED in COUNCIL this 7th day of FEBRUARY,
2017.
X
Kel Tetz
Mayor
X
Amanda Howell
Chief Administrative Officer
Bylaw 501-17
February 7, 2017
Page 10 of 12
Vicious and Guard Dog Bylaw
SCHEDULE "A"
1. FEES AND COSTS
GUARD DOG LICENSE FEE
$15.00
GUARD DOG LICENSE INCREASED FEE
$30.00
VICIOUS DOG LICENSE FEE
$100.00
VICIOUS DOG LICENSE INCREASED FEE
$200.00
POUND FEES (LOCAL) PER DAY OR PART THEREOF*
*Applicable veterinary pound fees and expenses at cost
REPLACEMENT DOG LICENSE
$5.00
Bylaw 501-17
February 7, 2017
Page 11 of 12
2. OFFENCES and PENALTIES
OFFENCE
PENALTY
Summary
Conviction
before
Provincial
Court Judge
Violation
Tag
Violation
Ticket
LICENSING
(1)a. Failure to obtain and keep in force a
Vicious or Guard Dog license, or
b. Keep more than two outside dogs on a
residential property, at least one of
which is a Vicious dog, or
c. Keep a Guard Dog on other than
commercial or industrial property.
d. Attempt to license a Vicious, or Guard dog
under the Dog Control Bylaw.
$1000.00
$250.00
$500.00
LIABILITY INSURANCE
(2) Failure to maintain in force a policy of
liability insurance
$1500.00
$300
$600
CONFINEMENT
(3) Failure to confine a Vicious dog, or
confine a Guard dog on commercial or
industrial property in accordance with
this bylaw.
$1000.00
$250.00
$500.00
FAILURE TO SECURE
(4) Failure to muzzle or otherwise secure a
Vicious dog or failure to secure a Guard
dog on commercial or industrial property.
$1500.00
$300.00
$750.00
PERSONAL INJURY
(5) If a Vicious dog bites or attacks
a person or animal causing injury, or
if a Guard dog bites or attacks a person
having legitimate business on commercial
or industrial property causing injury
$2500.00
$600.00
$1200.00
Bylaw 501-17
February 7, 2017
Page 12 of 12
DOG RUNNING AT LARGE
(6) Permitting, allowing or causing a Vicious
or Guard dog to run at large
$1000.00
$250.00
$500.00
OTHER
(7) Contravene any section of this bylaw for
which a specified penalty is not listed
$1000.00
$250.00
$500.00
Second or subsequent offence
(8) An owner who commits, for a second or
subsequent time, an offence under this
bylaw.
Double the
fine
stipulated for
a first offence
Double the
fine
stipulated
for a first
offence
Double the
fine
stipulated
for a first
offence