Responsible Animal Ownership Bylaw 1032-23

High Level, Alberta · adopted 2023-06-27

This is the exact embedded text of the captured official document. Snapshot 3e78c205254d · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 1 of 23 TOWN OF HIGH LEVEL RESPONSIBLE ANIMAL OWNERSHIP BYLAW BYLAW NO. 1032-23 A BYLAW TO AUTHORIZE THE MUNICIPAL COUNCIL OF THE TOWN OF HIGH LEVEL, IN THE PROVINCE OF ALBERTA TO PROVIDE FOR THE REGULATING AND CONTROLLING OF ANIMALS WITHIN THE TOWN LIMITS. WHEREAS, Sections 7 and 8 of the Municipal Government Act, being Chapter M-26 of the Revised Statutes of Alberta 2000 and amendments thereto, authorizes a Council to pass bylaws for the purpose of regulating, controlling or protecting all animals in the municipality; AND WHEREAS the Council of the Town of High Level deems it expedient and in the public interest to pass a bylaw to protect, regulate or control animals; NOW THEREFORE, the Council of the Town of High Level DULY ASSEMBLED enacts as follows: Title 1. This bylaw may be cited as the "Responsible Animal Ownership Bylaw". Definitions 2. For the purpose of this Bylaw: a. "Abandon" includes an Animal that: i. Is left for more than 24 hours without adequate food or water or shelter; ii. Is left for 3 days or more after the expected retrieval time from a registered veterinarian or from a person who for financial consideration or its equivalent, stables, boards or cares for the Animal; or iii. Is found on premises with respect to which the tenancy agreement has been terminated; or iv. Is left for 5 days or more after the expected retrieval time from a person temporarily providing foster, care, companionship for no renumeration. b. "Adult" means person at least or over the age of 18 years old. c. "Agricultural Animal" includes: i. Bovine, equine, sheep, swine, poultry, yaks and goats; RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 2 of 23 ii. Game farm Animals including cervids, wild boar, bison, buffalo, ratites, llamas and alpacas; iii. Foxes, chinchilla, mink, rabbits, and waterfowl raised for agricultural purposes; and iv. Any other Animal reasonably expected to be raised for food, pelt, or any other commercial purpose. d. "Animal" means a non-human vertebrate. e. "At Large" means any Animal which is registered, or typically under the care or control of any person, is off the property of the Owner, as defined in this Section, and not under that person's immediate control, or off leash or tether. f. "Certified Service Animal" means any Animal that is trained for and being used by a person with special needs, including but not limited to, persons who are deaf, blind, hearing impaired, physically, or mentally handicapped, or disabled in any manner. g. "Council" means the municipal Council of the Town of High Level duly assembled and acting as such. h. "Confine" means to be physically restricted to an area not accessible to the public or otherwise to prevent contact with the public. i. "Day" means a continuous period of 24 hours. j. "Dangerous Dog" means any dog, whatever its age, whether on public or private property, which has: i. Without provocation, injured or bitten any other Domestic Animal or human; ii. Chased any human with malicious intent; iii. Without provocation, damaged or destroyed any public or private property; or iv. Without provocation, threatened or created the reasonable apprehension of a threat to other Domestic Animals or humans, and which, in the opinion of a Provincial Court Judge presents a threat of serious harm to Domestic Animals or humans. k. "Distress" means the state of being in need of proper care, food or shelter, of being injured, sick or in pain, or suffering, or being abused or subject to undue or unnecessary hardship, privation or neglect. l. "Domestic Animal" means any Animal traditionally bred for the purposes of being homed inside a person's residential dwelling, including: i. Arachnids; ii. Birds such as parrots, love birds, parakeets, and other standard exotic or pet bird, but does not include wild or poultry based birds traditionally found locally or bred for agricultural purposes; iii. Reptiles; and iv. For greater certainty, most Animals within Schedule B of this bylaw provided they are housed and secured in an enclosure suitable for their size and species and provides adequate husbandry. RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 3 of 23 m. "Former Owner" means the person who owned the said Animal at the time of impoundment and of which the Animal has subsequently been sold or destroyed. n. "Hobby Breeder" means a person who breeds Domestic Animals in an ethical and humane manner in clean and sanitary conditions, on a non-intensive basis within a residential land use district. This includes for-profit Hobby Breeders who sell Domestic Animals under binding contracts with financial transactions, but does not include large-scale commercial breeding of Domestic Animals. o. "Leashed" means a chain, rope, or strap attached to the collar or harness of a dog and continuously held and controlled by a person capable of controlling that dog. p. "Off Leash Area" means any area designated by the Town by way of signage or public markings. q. "Owner" means a person or entity that has legal title to an Animal, or any person who has the possession, care, control, or custody of an Animal, either temporarily or permanently, or any person who harbors an Animal, or allows an Animal to remain on their premises. r. "Park" means all recreational land areas owned or controlled by the Town, lying within the Town limits and whether improved or not in whole or in part, or in its natural state, and includes neighborhood beautification areas, publicly maintained areas administered by the Town's Community Services Department, school grounds, playgrounds, floral areas, and includes all buildings situated on these land areas. s. "Peace Officer" means any person designated by the Town under Section 555 of the Municipal Government Act as a Bylaw Enforcement Officer, provincially appointed Peace Officer under the Peace Officer Act, or any member of the Royal Canadian Mounted Police (RCMP). t. "Town" means the Town of High Level, a municipal corporation of the province of Alberta, and includes the area contained within the municipal boundaries of the Town, also referred to as High Level within this bylaw. u. "Unlawful Trespasser" means any person entering onto a land, property or dwelling without legal authority or criminal intent, but does not include persons acting within the scope of their ordinarily intended employment, including but not limited to Canadian Postal Service employees, Town employees, utility providers, or other related occupations. v. "Wildlife" means any Animal born, bred, and raised outside of captivity. Domestic Animal Registration 3. No person shall keep, harbor, or have custody of any domestic dog or domestic cat within the boundaries of High Level without first registering their dog or cat with the Town of High Level. 4. The Owner of the dog or cat shall: a. Register their dog or cat with the Town on becoming the Owner of the dog or cat at any time during a calendar year, and receive a one-time permanent registration number for the dog or cat; b. Purchase a dog or cat tag (either privately or from the Town) and ensure that the applicable registration number is always visible on the dog or cat tag; and c. Pay an annual registration fee, invoiced by the Town annually every January. RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 4 of 23 5. Upon application of an Owner registering a dog or cat, as set out in Sections 3 and 4 and unless elsewhere provided in this bylaw, the said applicant shall pay the registration fee as established by Council. a. Notwithstanding Section 5, an Owner of a pet that is microchipped with current ownership information is exempt from paying the annual dog or cat registration fee, but shall provide the Town with the microchip registration information and all pet identification information as required under Section 10 for the Town's inventory. 6. All dog or cat registrations shall permanently be associated with the same dog or cat. 7. Dog and cat registrations are not transferable from one dog or cat to another, and no refund shall be made on any registrations fee due to death, sale of the dog or cat, or upon leaving High Level. 8. Every dog and cat Owner shall: a. provide their pet with a collar, to which the Owner shall ensure that the collar and dog or cat tag are worn by their pet during the occasions that the pet is on any property not belonging to the Owner of the dog or cat; or b. ensure that their pet is microchipped with current ownership information and accurately registered for identification purposes. 9. In case a dog or cat tag is lost, stolen, or destroyed, a duplicate tag will be issued by the Town upon payment of the required replacement fee. 10. The Town shall keep an inventory of the name and address of each dog or cat Owner, the breed, colour, and sex of each pet with the registration number, and the amount of fees paid by the Owner. Prohibitions 11. No more than four (4) Domestic Animals shall be kept or harbored at one time on the land or premises occupied by their Owners: a. Notwithstanding Section 11, an Owner may harbor or keep more than four (4) Domestic Animals on a premise if that Owner is a holder of a valid business licence to provide pet services and complies with the requirements of the Town's Land Use Bylaw. b. Notwithstanding the definition of Domestic Animals in Sub-section 2(l), Section 11 only applies to dogs, cats, ferrets, and other Domestic Animals that may normally be housed outside of a secure enclosure or aquarium. c. Notwithstanding Section 11: i. Owners of more than four (4) Domestic Animals prior to the passing of this bylaw, shall be permitted to continue harboring more than four (4) existing Domestic Animals, but shall not replace the Domestic Animals if desired unless the number of Animals does not exceed the maximum limit of four (4); ii. Residents who provide voluntary fostering services of cats and dogs for the Humane Society are permitted to harbor more than four (4) Domestic Animals - this includes fostering services during regular operations and/or during extenuating circumstances such as an influx of Domestic Animals requiring shelter throughout mandatory evacuations of surrounding communities due to natural disasters; and iii. Animal Owners who previously owned more than four (4) Domestic Animals and relocated to High Level after the passing of this bylaw, shall be permitted to harbor more than four (4) existing Domestic Animals, but shall not replace the Domestic RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 5 of 23 Animals if desired unless the number of Animals does not exceed the maximum limit of four (4). 12. No Owner shall permit their Animals to run At Large; and a. Any Animal found At Large by a Peace Officer may be impounded and a penalty levied at the Owner's expense before redemption is granted. 13. A female Animal in estrus shall be Confined and housed in the residence of the Owner or person having care and control of the Animal, or be taken to a licenced kennel, during the entire duration of being in estrus. 14. If an Animal defecates on any public property or private property other than the property of the Owner, the said Owner shall cause such defecation to be removed immediately. 15. All Animal Owners shall maintain the property grounds occupied by Animals in a clean, sanitary, and inoffensive condition, which is free from excrement, hazardous materials, waste, garbage, or any other condition determined by a Peace Officer to be unsightly or hazardous to the health and safety of an Animal. 16. The Owner of an Animal shall ensure that such Animal shall not: a. Bite or attack a person or other Domestic Animal whether on the property of the Owner or not, unless the person bitten or attacked is an unlawful trespasser on the property of the Owner; b. Do any other act to injure a person whether on the property of the Owner or not; c. Chase or otherwise threaten a person whether on the property of the Owner or not, unless the person chased or threatened is an unlawful trespasser on the property of the Owner; d. Bite, bark at, or chase bicycles, automobiles, or other vehicles; e. Bark, howl or otherwise disturb any person; f. Cause damage to any property or other Animals; and g. Upset any waste receptacles or scatter the contents thereof in or about a street, lane, or any other public property or in or about premises not belonging to or in the possession of the Owner of the Animal. 17. No person shall possess any Animal of the swine family, sugar gliders or guinea fowl in any residential land use district. 18. No Owner shall permit a dog to be unleashed while not on the property of the Owner unless permitted in an Off Leash area clearly designated by Town signage. 19. By entering an Off Leash area, dog Owners shall abide by the following: a. All dogs must wear a visible dog tag with the registration number; b. Dogs are the only Animal permitted within the Off Leash area; c. Dogs must be on a leash when entering and exiting Off Leash areas; d. Handlers must pick up and dispose of any dog waste or feces in the Off Leash area; e. Dogs must be under the care and control, and within the view of their handlers at all times; f. Spiked collars are prohibited; RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 6 of 23 g. An Adult must accompany children under 14 years of age; h. Handlers must have possession of the dog leash at all times in Off Leash areas; i. Handlers are limited to two (2) dogs within Off Leash areas; j. Female dogs in estrus are prohibited within Off Leash areas; k. Handlers are responsible for any injuries caused by dogs under their control; l. Handlers must muzzle or remove dogs from Off Leash areas that are displaying aggressive behaviour; and m. Handlers shall refrain from playing "fetch" with their dog while other dogs are nearby within Off Leash areas, as this can create aggressive behaviour. 20. The Chief Administrative Officer may designate any public park or Town-owned property as an Off Leash area, either permanently, temporarily or for an approved Special Event, and the Town shall place signage at the primary entrance to any property designated as an Off Leash area. All Owners entering a property designated as an Off Leash Area, whether permanently, temporarily, or for an approved Special Event, shall abide by the provisions within Section 19. 21. No person shall feed, attract, lure, or take any action to intentionally cause Animals not belonging to them to remain on their property within Town Limits. a. The use of bird feeders is not subjected to this Section. b. No person shall be penalized for caring for a sick or injured Animal unable to leave their property: i. Any person acting under Sub-section 21(b) shall report it to a Peace Officer or Bylaw Enforcement Officer and allow the Officer to remove the Animal if determined to be required. 22. No person may possess, harbour, control, or care for any Agricultural Animal, other than poultry. a. Notwithstanding Section 22; i. Equine animals are permitted at a parade, rodeo, and other agricultural-related events held within the municipal boundaries of High Level; and ii. Bovine or livestock animals are permitted within agricultural land use districts and park land use districts where an approved Agricultural use or Exhibition Grounds use Development Permit has been issued by the Development Authority. Standards of Care 23. a. No person shall cause or permit an Animal to be in distress. b. For the purpose of Sub-section 23(a), the Owner of an Animal or the person in charge of an Animal does not permit the Animal to be in distress if the Owner or person in charge takes immediate appropriate steps to relieve the distress. c. Sub-sections 23(a) and (b) do not apply if the distress, pain, suffering or injury results from an activity carried on in the practise of veterinary medicine, or in accordance with reasonable and generally accepted practices of animal management, husbandry, or slaughter. RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 7 of 23 d. Sub-section 23(b) does not apply if the Owner of an Animal or the person in charge of an Animal has demonstrated a pattern of causing or permitting any Animal to be in distress. e. For the purposes of this bylaw any Animal is considered in distress if: i. Deprived of adequate shelter, ventilation, space, food, water, veterinary care or reasonable protection from injurious heat or cold; ii. Injured, sick, in pain or suffering; or iii. Abused or subjected to undue hardship, privation, or neglect. 24. An Animal's Owner or caretaker shall: a. Ensure that the Animal has adequate food and water; b. Provide the Animal with adequate care when the Animal is wounded or ill; c. Provide the Animal with reasonable protection from injurious heat or cold; and 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 well-being. 25. An Animal's Owner or caretaker must ensure that a receptacle or container that is intended for providing food or water to the Animal is appropriate for the breed of animal and placed in a manner that prevents spillage, injury, and contamination. 26. An Animal's Owner or caretaker must ensure that the Animal receives regular grooming and claw care to avoid knots, skin damage, skin lesions, and avoids discomfort to the Animal. 27. An Animal's Owner or caretaker must ensure that a collar or restraining device that is used on the Animal meets all the following requirements: a. It must be well-fitted; b. It must be appropriate to the age and size of the Animal; c. It must not hamper the Animal's ability to breathe; and d. It must not cause trauma or injury to the Animal. 28. An Animal's Owner or caretaker must ensure that an area in which the Animal is being kept outdoors meets all the following requirements: a. The area must provide protection from inclement weather to which the Animal could otherwise be exposed and that could cause the Animal to be in distress; b. Shade must be accessible to the Animal at all times within the area; c. The area must be clean and free from excess excrement; and d. The fencing, structures, and objects accessible to the Animal must be kept in good repair. 29. An Animal's Owner or caretaker must ensure that the Animal has continuous access to a shelter if the Animal is kept outdoors: a. For more than 12 hours at a time; or b. In any weather conditions that could cause the Animal to be in distress. 30. RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 8 of 23 a. An Animal's Owner or caretaker may tether the Animal only for up-to 12 hours in any 24- hour period. b. If an Animal has been tethered for 12 consecutive hours, the Owner or caretaker of the Animal must untether the Animal for 12 consecutive hours before tethering the Animal again. c. An Animal's Owner or caretaker must ensure that the minimum length of a tether used on the Animal is the greater of: i. 5 meters / 16.4 feet; or ii. 5 times the length of the Animal, as measured from the tip of its nose to the base of its tail. d. In addition to the length requirement of Sub-section 30(c), an Animal's Owner or caretaker must ensure that a tether used on the Animal meets all the following requirements: i. It must allow the Animal to reach its food and water and a clean, dry, place to lie down in a shaded area or shelter; ii. It must allow the Animal to move in a manner that is safe and, except by the length of the tether, is unrestricted; iii. It must be configured to prevent the Animal from doing any of the following: 1. Becoming entangled with other objects, or Animals; or 2. Moving over an edge, such as the edge of a wall or stairway, in a manner that could result in strangulation or injury of the Animal; and iv. It must not cause discomfort for the Animal because of its type or weight. 31. a. A person must not leave or confine an Animal in any unattended motor vehicle or enclosed container under any conditions that could endanger the health or well-being of the Animal, or any circumstances that could reasonably be expected to cause distress or death to the Animal, including any of the following: i. Heat; ii. Cold; iii. Lack of adequate ventilation; or iv. Lack of food or water. b. A Peace Officer may remove an Animal from a motor vehicle or other enclosed container if the Animal's safety appears to be in immediate danger from any of the conditions or circumstances referred to in Sub-sections 31(a)(i-iv). c. A Peace Officer who removes an Animal from a motor vehicle must take it to an Animal shelter or other place of safekeeping, or if the Peace Officer considers it necessary and possible to do so, to a veterinary hospital for treatment. d. A Peace Officer is authorized to take all steps that are reasonably necessary to remove an Animal from a motor vehicle or other enclosed container, including breaking into the motor vehicle, after a reasonable effort to locate the Owner or other person responsible has been made and will not incur any liability when acting in good faith. RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 9 of 23 e. A Peace Officer who removes an Animal from a motor vehicle must leave a written notice bearing their name and title, and the civic address of the location where the Animal can be claimed, in a secure and conspicuous location on or within the motor vehicle. f. An Animal that has been removed from a motor vehicle or enclosed container by a Peace Officer may be claimed by the Owner only after full payment of any charges that have been accrued due to the maintenance, care, medical treatment, or impoundment of the Animal. 32. No person may sell, foster, or adopt out an Animal without receiving a certificate of health from a licensed veterinarian. 33. No person shall: a. Beat, cruelly ill-treat, torment, overload or otherwise abuse an Animal; b. No Owner shall abandon their Animal; or c. Permit death of an Animal due to negligence of any provision of this bylaw. 34. The Owner of an Animal that is suffering from a communicable disease shall: a. Not permit the Animal to be in a public place; and b. Keep the Animal confined. 35. No person shall untie, loosen, or otherwise free an Animal, which has been tied or otherwise restrained, or negligently or willfully open a gate, door, or other opening in a fence or enclosure in which an Animal has been confined, and thereby allow an Animal to run At Large. 36. The Town may establish one (1) or more Humane Society for the keeping and lodging of Animals and the Town shall develop the rules and regulations, pertaining to the administration of the Society. 37. The Town shall keep an up-to-date record of all complaints, notices, and reports. Wildlife 38. No person shall intentionally keep, harbour, attract or claim ownership to Wildlife or any Animal listed within the Agricultural Pests Act within the limits of High Level. 39. No person shall intentionally feed or leave food, meat, or any other consumable items accessible on their property that may attract Wildlife or any Animal listed within the Agricultural Pests Act within the limits of High Level. a. This Section does not apply to recreational and leisurely uses of bird feeders on private property. 40. a. For the purposes of ensuring public safety, protection of property, public beautification or deterring public disturbance and nuisance, a Peace Officer may carry or employ the use of any non-lethal deterrent at the discretion of the Peace Officer against dangerous Animals or Wildlife including: i. Deterrent spray; ii. CO2 powered deterrent projectiles; and iii. Rubber, noise generating or deterrent projectiles from non-restricted firearms. RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 10 of 23 b. A Peace Officer who has the appropriate permissions or qualifications, may render assistance to police, Conservation or Fish and Wildlife Agencies, including but not limited to, trapping or the destruction of an Animal for the purposes of the responsibilities in Sub- section 40(a). 41. A Peace Officer may conduct patrol duties anywhere within the municipal boundaries of High Level for the purposes of tracking, deterring, and removing dangerous Wildlife from the area as a proactive solution to ensure ongoing public safety. Agricultural Pests 42. Subject to Section 6 of the Agricultural Pests Act, any Peace Officer appointed for the purpose of administering this bylaw is hereby appointed as an Inspector pursuant to Section 9(1) of the Agricultural Pests Act. 43. a. When an Inspector is of the opinion that land, property or livestock contains, or is likely to contain a pest as defined in the Pest and Nuisance Control Regulation under the Agricultural Pests Act, or should be protected against a pest, the Inspector may issue a notice in writing directed to the Owner or occupant of the land or property or to the Owner or person in control of the livestock: i. Setting out the legal description of the land affected or a description of the livestock affected and the legal description of the land on which the livestock are located; ii. Naming the pest; iii. Specifying the measures to be taken and the material, if any, to be used to prevent the establishment of or to control or destroy the pest; and iv. Requiring the measures described in Sub-section 43(a)(iii) to be taken within a specified period of time. b. If a notice is directed to a person other than the Owner of land, property or livestock under Sub-section 43(a), the Inspector shall also serve a copy of the notice on the Owner. c. A notice issued under Sub-section 43(a) and a copy of the notice shall be in a form prescribed by the regulations and shall be served: i. By delivering it personally to the person who is intended to be served; ii. By leaving it with a person apparently over the age of 18 years at the dwelling place or place of business of the person who is intended to be served; or iii. By sending it via registered mail to the last known address of the person who is intended to be served as shown on the assessment roll of the municipality within which the land, property, or livestock to which it relates is located. d. If, in the opinion of the Inspector, service under Sub-section 43(c) cannot reasonably be effected, the Inspector may post the notice or copy of the notice in a conspicuous place on the land, property or livestock to which it relates, or on the private dwelling house of the person who is intended to be served. 44. Nothing in this bylaw limits the authority vested to an Inspector, and the Inspector shall enforce all provisions directed under the Agricultural Pests Act and its regulations. RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 11 of 23 45. In the event an offence contrary to the Agricultural Pests Act or its regulations is committed and it is warranted to lay any information pertaining to the offence, the information shall be laid in accordance with the Act, whereas that Act prevails. 46. An Inspector who is preventing the establishment of, controlling, or destroying a pest or nuisance shall do so in accordance with: a. The Agricultural Pests Act and the regulations; b. If applicable, the Wildlife Act and the regulations under it; and c. If applicable, the Environmental Protection and Enhancement Act and the regulations under it. 47. An Inspector may control a nuisance pursuant to the Agricultural Pests Act and its regulations on any land within the municipal boundaries of High Level by means that are generally considered to be sound husbandry practices, and that comply with all applicable laws, including trapping, poison, deterrents, euthanasia or other accepted practises. Breeding 48. No person shall breed Animals for commercial purposes anywhere within High Level. a. Notwithstanding Section 48, no person may be held liable for an isolated or recreational Animal pregnancy if it occurs within a residential land use district. b. Notwithstanding Section 48, Hobby Breeders may be able to conduct ethical breeding of Domestic Animals on a non-intensive basis, subject to the following requirements: i. Hobby Breeding is only permitted within residential land use districts; ii. Hobby Breeders must obtain a Home Occupation Permit as defined under the Land Use Bylaw; iii. Limited to four (4) primary breeding Domestic Animals, unless otherwise approved by the Development Authority on a case-by-case basis; iv. Hobby Breeders shall care for and house the primary breeding Domestic Animals within their primary residence; v. Are subject to an initial Home Occupation Permit application inspection by a Peace Officer, to assess the sanitary conditions of the property for Hobby Breeding; and vi. Hobby Breeders shall make themselves available when requested for impromptu onsite inspections conducted, with or without prior notice, by Town of High Level Municipal Enforcement Services. c. Notwithstanding Sub-section 48(b)(iv), Hobby Breeders may be permitted with a Home Occupation Permit Approval to care for and house primary breeding Domestic Animals in an Accessory Building at the discretion of a Peace Officer and the Development Authority. Enforcement 49. A Peace Officer may seize and impound any Animal that is: a. In contravention with any provision of this bylaw; or b. In living conditions determined in the opinion of the Peace Officer to be in contravention of this bylaw. RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 12 of 23 50. In lieu of prosecution for an offence under this bylaw, an Owner of any Animal seized or impounded under this bylaw may be required to pay the specified penalty found in Schedule A of this bylaw as an administrative monetary penalty before the Animal may be released back to the Owner, at the discretion of the impounding or seizing Peace Officer. 51. When an Animal is seized or impounded, before the Animal is released to the Owner, the Owner shall be required to pay the fees defined in the annual Fees Bylaw, including, but not limited to: a. Impound Fees; b. Transport Fees; c. Licensing Fees; d. Care and Sustenance Fees; e. Administrative Monetary Penalties or Municipal Tags as specified in this bylaw; f. Permit Fees; and g. Any other applicable fee prescribed or levied. 52. A Peace Officer is authorized to enter onto the land surrounding any building in pursuit of an Animal running At Large. 53. A Peace Officer is authorized to enter any lands or premises (excluding dwelling houses) without warrant, within the municipal boundaries of High Level to inspect for conditions which may contravene any provision of this bylaw, and to impound any Animal in accordance with this bylaw. 54. a. No person, whether or not the person is the Owner of the Animal, which is being pursued or captured, shall: i. Interfere with or attempt to obstruct a Peace Officer who is, or was, attempting to capture, or who has captured, any Animal in accordance with this bylaw; ii. Unlock, unlatch or otherwise open the vehicle or cage where an Animal captured for impoundment has been placed, so as to allow to, or attempt to allow, any Animal to escape; iii. Unlatch, unlock, or otherwise open a live trap where an Animal has been captured, so as to allow any Animal to escape; iv. Damage, spring or otherwise tamper with a live trap, as to destroy or impair the live trap's ability to capture Animals; or v. Remove or attempt to remove any Animal from the possession of a Peace Officer. b. Any person who contravenes Sub-sections 54(a)(i-v) of this bylaw may be subject to detention by a Peace Officer until lawful executions of the duties are completed. 55. A Peace Officer shall not be held liable for the death or injury of any Animal as a result of being pursued, in the process of capture, being handled in any circumstance when done so in good faith of the Animal or when the safety of the Peace Officer is reasonably at risk. 56. The Town shall keep all impounded Animals for a period of at least 72 hours including the day of impoundment. During this period, any Animal may be reclaimed by its Owner, or agent of the Owner, upon payment of applicable veterinarian, lodging, municipal tags, and any other fees to the Town of High Level as determined by a Peace Officer. RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 13 of 23 57. Any Animal not reclaimed by its Owner within 72 hours shall become the property of the Town and shall be placed for adoption in a suitable home, or humanely euthanized. 58. Any person who adopts an Animal shall obtain full right and title to the Animal, and the right and title of the Former Owner of the Animal shall cease forthwith. 59. Any Animal apprehended by a Peace Officer in accordance with this bylaw may under-go a veterinarian assessment at the discretion of the Peace Officer, should it be determined in the Animal's interest at the Owner's expense. 60. A property owner may request that a live, humane trap be placed on their property to catch cats running At Large, only if the live, humane trap is delivered by a Peace Officer. a. A Peace Officer shall physically check the live, humane trap placed on a private property at least once every 24 hours, or as soon as practicable in the circumstance. b. The property owner shall contact a Peace Officer if a cat or other Animal is captured in the live and humane trap in less than a 24-hour period for collection by the Peace Officer. c. No person shall knowingly permit any Animal to remain in the live, humane trap for any length of time. d. A Peace Officer shall safely remove and relocate any Animal or Wildlife captured in a live, humane trap as soon as possible. e. A Peace Officer shall transport a captured cat to the Humane Society, or other facility designated by the Town, as soon as possible. 61. The Town shall conduct live, humane trapping of Animals as outlined in Section 60 when resources are available. Town Council or Administration may temporarily suspend live, humane trapping of Animals at times when the approved shelter accommodations for Domestic Animals found running At Large, staffing resources, and /or fiscal resources are at capacity or temporarily unavailable. a. The process for managing, caring, relocating, releasing, and euthanizing Animals captured in a live, humane trap shall be defined in an Administrative Directive. Peace Officers and other administrative staff shall follow the Administrative Directive procedures as amended by the Chief Administrative Officer from time to time. Special Event Permits 62. Any person wishing to host a Special Event, including a petting zoo, Animal parade, exotic Animal show, or other Animal-based event held on Town streets, sidewalks, public parking lots, Town- owned, or privately-owned land [under select circumstances], must apply for and receive a Special Event Permit from the Town as per the Business Licence Bylaw. 63. An application for a Special Event Permit shall include the following information: a. Date, time and duration of the Special Event; b. Location of the Special Event; c. Types of Animals present at the Special Event; d. Supporting staff and infrastructure accompanying the Special Event; e. Measures taken to ensure safe and adequate care of the Animals and public; and f. Any other information deemed necessary by the Development Authority. RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 14 of 23 Urban Poultry 64. In a residential land use district, an Urban Poultry Permit is required to possess, harbour, control, or care for poultry. a. All applicants for an Urban Poultry Permit shall follow all guidelines within Schedule C. 65. Any person suspected of violating the conditions of a permit issued under Section 64 of this bylaw shall be subjected to having their Urban Poultry Permit revoked and all poultry seized by a Peace Officer. 66. If an applicant of an Urban Poultry Permit is denied, or a member of the public wishes to appeal the issuance of an Urban Poultry Permit, an application to Council may be made within 14 days of the refusal or issuance of an Urban Poultry Permit, and Council shall, within 21 days of receiving the appeal, make a final decision regarding the application. Dangerous Dogs 67. The Owner of a Dangerous Dog must: a. Be over the age of 18 years old; b. Have a valid Dangerous Dog Permit issued under this bylaw; c. Obtain a Dangerous Dog Permit on the first day the Town Office is open for business after the person becomes the Owner of a Dangerous Dog; d. Obtain an annual Permit on or prior to the first business day when the Town Office is open after New Year's Day annually; e. Notify the Town when the dog is sold, transferred, dies, or otherwise is no longer in the custody of the Owner on file with the Town; and f. Notify the Town when the Dangerous Dog is running At Large. 68. When a Dangerous Dog is on the property of the Owner and the Owner is not present, the Dangerous Dog must be, if outdoors, Confined in a pen or Confined by another structure. The pen or other structure: a. Must be constructed to prevent the escape of the Dangerous Dog and capable of preventing the entry of any person not in control of the dog; b. 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 a minimum depth of 30 centimeters; and c. The pen or other structure shall provide the Dangerous Dog with shelter from the elements and be of the minimum dimensions of 1.5 meters by 3 meters in length and be a minimum of 1.5 meters in height. 69. At all times when off the property of the Owner, such Dangerous Dog must be securely: a. Muzzled; b. Harnessed or leashed on a lead which shall not exceed 1 meter in length; and c. Under the absolute control of an Adult. 70. Where a Peace Officer believes on reasonable and probable grounds that a dog has attacked another person or Domestic Animal without provocation, the Peace Officer may issue an order to the Owner identifying the dog and deeming it to be a Dangerous Dog within the municipal boundaries of High RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 15 of 23 Level, and the Owner shall surrender that dog to the Peace Officer for a quarantine and investigational period of 10 days beginning on the day that the dog is identified as the aggressor. a. If an investigation determines that the dog is a Dangerous Dog, a Peace Officer may issue an order to the Owner identifying the dog, deeming it to be a Dangerous Dog within the municipal boundaries of High Level, and the Owner shall comply with any condition imposed by the order that would reasonably reduce the probability of the offence being repeated or continued, or would reasonably reduce the threat to public safety. 71. Every person who is the Owner of, or harbourer of any dog which has attacked any person, or another Animal on a public street or place within the municipal boundaries of High Level, shall be deemed guilty of an infraction of this bylaw, and upon hearing of any complaint under this Section, a Judge or a Justice of the Peace may in addition to any other penalty, order the Owner or harbourer of the said dog to pay damages the complainant may have sustained and may order the Owner of the said dog to Confine or muzzle such dog for a period of time as they may determine, or may order the Owner of said dog to forthwith deliver such dog to the pound to have the dog euthanized. 72. Notwithstanding Section 70 or Sub-section 70(a) of this bylaw, any person who violates the terms and conditions of their Dangerous Dog Permit, or any Dangerous Dog who attacks any person or Domestic Animal unprovoked following a previous Dangerous Dog order, shall surrender the Dangerous Dog, or a Peace Officer shall seize the Dangerous Dog and issue an order of euthanasia for the dog. 73. The Owner of a Dangerous Dog may appeal an order issued under Section 70 of this bylaw, for euthanasia by submitting a request to Council within 7 days of receiving the order, and Council shall hear and issue a final ruling within 21 days of receiving the appeal request. 74. If an Owner of a Dangerous Dog appeals an order for euthanasia, and is successful in their appeal, any costs incurred pursuant to the impound, care and sustenance, and medical costs are the responsibility of the Owner before the dog is released. Prosecution 75. Any person who contravenes, disobeys, refuses or neglects to obey any provision of this bylaw is guilty of an offence and liable on summary conviction to a fine not exceeding One Thousand Dollars ($1,000.00) and not less than the specified penalty provided in Schedule A of this bylaw in addition to any permit or registration fees that they may be required to pay pursuant to this bylaw. 76. Where any provisions of this bylaw, or where Schedule A provides for a minimum fine to be made for contravention of this bylaw, including but not limited to, the failure to obtain a permit or licence, the court entering the conviction of the offence, shall not levy a lesser fine than as outlined in the provision. 77. a. Any person convicted of an offence under the Animal Protection Act, or who has had their Animal seized under the Standards of Care sections of this bylaw more than once in a 12- month period, or has failed to comply with a Dangerous Dog order issued under this bylaw, may be subject to having their Animal ownership registration revoked or refused to be renewed and an Animal Ownership Prohibition imposed within the corporate limits of High Level at the discretion of a Peace Officer. b. Any person subjected to enforcement orders, Animal Ownership Prohibition, stop orders or orders of the court under a previous or repealed Town of High Level bylaw or any amendments thereto, with respect to Animals shall remain enforceable under this bylaw. RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 16 of 23 78. If an Animal Ownership Prohibition is imposed pursuant to Sub-section 77(a) of this bylaw, no person subjected to the Prohibition shall keep, harbour, or assume ownership or control of any Animal depicted in that Prohibition during the period of Prohibition. 79. If a person is found in contravention of an Animal Ownership Prohibition imposed pursuant to Section 77 of this bylaw, the Animal shall be seized without eligibility of return. a. Notwithstanding Section 79, any person served an Animal Ownership Prohibition, may by written notice, request Council to review the order within 14 days after the date the Animal Ownership Prohibition is received. b. After reviewing the order, Council may confirm, vary, substitute, or cancel the order. 80. a. Where a person is alleged to have committed an offence of any provision within this bylaw, a Bylaw Enforcement Officer may cause to be served on the alleged offender, a municipal tag, allowing payment of a penalty as specified in Schedule A. b. Where a person is alleged to have committed an offence of any provision within this bylaw, a Peace Officer may cause to be served on the alleged offender, a provincial offence notice, summons or long form information based on the discretion of the Peace Officer. c. A municipal tag shall be deemed sufficiently served when: i. Served personally to the accused; ii. When the accused is not readily located; iii. To a person at the residence of the accused that appears to be 18 years of age or older; iv. By affixing a copy of the municipal tag to what appears to be the primary entrance of the home or dwelling of the accused; v. By ordinary mail to the last known address of the accused; or vi. By registered mail to the last known address of the accused. d. The monetary penalty of a municipal tag shall be sufficiently served and applied when served concurrently with any Animal impound fees. 81. A Provincial violation ticket in the form found within the Provincial Offences Procedure Act, or Provincial Administrative Penalties Regulation shall be deemed sufficiently served when served in accordance with the respective Act. 82. It is the intention of the Council of the Town of High Level that each provision of this bylaw shall be deemed independent of all other provisions, and it is further the intention of the Council of the Town of High Level that if any provisions within this bylaw be declared invalid, all the other provisions shall remain valid and enforceable. 83. The documents attached and marked Schedule A are hereby incorporated into and form part of this bylaw. 84. The documents attached and marked Schedule B are hereby incorporated into and form part of this bylaw. 85. This bylaw repeals Animal Control Bylaw No. 984-18 and all amendments thereto, and Assorted Animals Bylaw 928-12 and all amendments thereto. RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 17 of 23 86. This bylaw shall come into full effect from the date of Third and Final Reading. READ A FIRST TIME this 11th day of April 2023. STATUTORY PUBLIC HEARING held this 8th day of May 2023. READ A SECOND TIME this 8th day of May 2023. SECOND STATUTORY PUBLIC HEARING held this 26th day of June 2023. READ A THIRD AND FINAL TIME this 26th day of June 2023. SIGNED AND PASSED this 27th day of June 2023. _______________________________ Mayor ______________________________ Municipal Secretary [Original Signed by Mayor McAteer] [Original Signed by L.Watters] RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 18 of 23 Schedule A Acronym meaning: - "FTC" means Failure to control. - "FTP" means Failure to provide. Section Description Fee $ Section 3 Fail to register Domestic Animal 50.00 Second offence 100.00 Third offence 250.00 Section 8 Fail to provide collar 75.00 Second offence 150.00 Third offence 300.00 Section 11 Harbour >4 Domestic Animals 100.00 Second offence 200.00 Third offence 400.00 Section 12 Permit Animal At Large 100.00 Second offence 200.00 Third offence 400.00 Section 13 Fail to Confine Animal 287.00 Second and subsequence offence 500.00 Section 14 Fail to remove feces 115.00 Section 15 Fail to maintain property 115.00 Sub-section 16(a) Dog attack 500.00 Sub-sections 16(b)-(g) Prohibition offences 115.00 Section 17 Own prohibitive animal 100.00 Section 18 Permit dog Off Leash 100.00 Section 21 Lure animals 287.00 Second and subsequence offence 500.00 Section 22 Possess Animal - restricted area 115.00 Sub-section 23(a) Permit Animal to be in distress 500.00 Second and subsequence offence 750.00 Sub-section 24(a) FTP food and water 287.00 Sub-section 24(b) FTP adequate care 287.00 Sub-section 24(c) FTP reasonable protection 287.00 RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 19 of 23 Sub-section 24(d) FTP adequate shelter 287.00 Section 25 FTP proper food / water receptacle 125.00 Second and subsequent offence 250.00 Section 26 FTP adequate grooming 175.00 Second and subsequent offence 325.00 Section 27 FTP proper restrain / collar 175.00 Second and subsequent offence 325.00 Section 28 Inadequate outdoor space 175.00 Section 29 FTP shade 175.00 Section 30(all) Improper tethering 175.00 Second and subsequent offence 325.00 Section 31(all) Permit risk by confinement 500.00 Second and subsequent offence 750.00 Section 32 Sell / adopt / foster w/o certificate 175.00 Second and subsequent offence 350.00 Section 33(all) Beat / Abandon / Death of Animal 750.00 Second and subsequent offence Mandatory Court Appearance Section 34 Permit ill Animal in public 287.00 Second and subsequent offence 500.00 Section 35 Loosen / untie / free Animal 175.00 Second and subsequent offence 350.00 Section 38 Harbour Wildlife 175.00 Second and subsequent offence 350.00 Section 39 Lure Wildlife 100.00 Second and subsequent offence 200.00 Section 48 Breeding Animals commercially 250.00 Second and subsequent offence 500.00 Section 55(all) Obstruct Peace Officer 250.00 Sub-section 60(c) Permit an Animal to remain in trap 500.00 Second and subsequent offence 750.00 Section 64(all) Possess Urban Poultry w/o permit 115.00 Section 77 FTC with Animal ban 1,000.00 RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 20 of 23 Schedule B Permitted Animals 1. Amphibians, such as, but not limited to, frogs, toads, newts and salamanders; 2. An Animal deemed to be a service Animal as provided for in the Service Dogs Act and the Blind Persons' Rights Act. 3. Domestic birds such as but not limited to, canaries, finches, parakeets, parrots, and cockatiels; 4. Domestic cats; 5. Domestic dogs; 6. Domestic ferrets; 7. Domestic fish; 8. Domestic rabbits; 9. Hedge hogs; 10. Non-venomous reptiles, excluding snakes and all members of the order Crocodilia, that are non- venomous and do not reach an adult length greater than two (2) metres; 11. Non-venomous Snakes that are non-venomous, non-constricting, and do not reach an adult length greater than three (3) metres; 12. Non-venomous spiders, including tarantulas and other spiders; 13. Poultry includes chickens, ducks, geese, pheasants, quail, and turkeys. 14. Rodents, such as but not limited to, mice, gerbils, guinea pigs and hamsters. RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 21 of 23 Schedule C Urban Poultry Permit 1. Poultry are permitted within residential land use districts with an approved Urban Poultry Permit. 2. The poultry breed and number of birds shall be provided on the Urban Poultry Permit application form. 3. Upon receipt of an Urban Poultry Permit application, the Town shall: a. Review and process the permit within 14 days of receiving an application, including: i. Requesting any additional information required from the applicant; ii. Send written notifications to all adjacent landowners within the immediate vicinity of the subject site - with the immediate vicinity being as defined at the discretion of the Development Authority; iii. Consider input from the adjacent landowners within the immediate vicinity of the subject site before deciding on the Urban Poultry Permit application; and iv. Issue a Notice of Approval or Refusal within 21 days of sending out the adjacent landowner notifications. 4. The Development Authority may specify any reasonable terms or conditions for an Urban Poultry Permit deemed necessary, and the applicant shall adhere to the specified conditions to maintain the validity of the approved Urban Poultry Permit. 5. Under the Animal Health Act, all poultry owners shall apply for a Premises Identification Account and obtain an Premises Identification (PID) Number for the premises where the poultry are located. a. Premises identification allows for: i. Tracing of Animals; ii. Effectively managing a disease outbreak; iii. Responding to a natural disaster; and iv. Notifying Animal Owners in emergencies. b. PID Numbers must be provided to the Development Authority within sixty (60) days of the Urban Poultry Permit Notice of Approval. c. Through the PID Number, the Government of Alberta will notify all poultry owners of any action they are required to take if a poultry-related incident occurs. Additionally, all Urban Poultry Permit holders shall notify Town of High Level Municipal, Enforcement Services immediately of any disease outbreak, provide all details of the outbreak, and any the steps taken to rectify the issue. 6. All Urban Poultry Permit holders must comply with all provincial regulations relating to the keeping of poultry, as outlined in the Animal Health Act. RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 22 of 23 7. All Urban Poultry Permit holders must complete a relevant urban poultry keeping course acceptable to the Development Authority and provide written proof of course completion within ninety (90) days of the Urban Poultry Permit Notice of Approval. 8. Urban Poultry Permit holders may have up-to a maximum of six (6) birds. For greater certainty, ducks, geese, guinea fowl, turkeys, and the male of any poultry species are not permitted within High Level. 9. Unless exempt under the Land Use Bylaw, all Urban Poultry Permit holders must apply for and receive a Development Permit for the poultry coop and run. In some instances, a Building Permit may be required. 10. All urban poultry structures shall measure: a. A minimum of 0.37m2 / 4 sq.ft. per bird for the coop; b. A minimum of 0.93m2 / 10 sq.ft. per bird for the enclosed run area; c. A maximum height of 4.5 m / 14.7 ft.; with d. An overall maximum combined coop and run structure floor area of 10m2 / 107.6 sq.ft. 11. All urban poultry structures: a. Shall be fully insulated coops that are draft free; b. Shall have fully enclosed runs; c. Shall be predator resistant; d. Must have a minimum of one (1) nest box per every four (4) birds; e. Shall contain sufficient perch locations and have adequate ventilation; f. In winter, must be wrapped with wind and snow resistant materials; g. Shall not be attached to a dwelling unit, other buildings or structures; h. Must meet all minimum setback requirements defined within the Land Use Bylaw from all lot lines, existing and new buildings and structures; and i. Must not be connected to electricity, plumbing and gas lines. 12. The subject site urban poultry coop and run must be properly maintained to prevent negative impacts, including but not limited to, attracting nuisance Animals, the spread of food over the property, and excessive odors or noise. 13. Urban poultry sites shall adhere to good management and husbandry practices, maintain poultry in such a condition so as to prevent distress, disease, and welfare issues. 14. Poultry require appropriate food, liquid (unfrozen) water, shelter, light, warmth, ventilation, veterinary care and opportunities for essential behaviours such as scratching, pecking, dust- bathing, and roosting, in order to be comfortable and healthy. RESPONSIBLE ANIMAL OWNERSHIP BYLAW 1032-23 Current as of June 26, 2023 Page 23 of 23 15. Poultry manure must be removed, discarded, and / or properly composted to prevent nuisance odors. 16. There is to be no on-site slaughter or euthanizing of poultry within Town limits. Removal methods include, but are not limited to: a. Humane euthanasia by a veterinarian; b. Relocation of poultry to a farm outside of High Level; c. Relocation of poultry to another Urban Poultry Permit holder within Town limits, if the number of birds will not exceed the maximum permitted limit of poultry under an Urban Poultry Permit in High Level; or d. Taking poultry to a licensed abattoir. 17. Any naturally deceased birds shall be double-bagged and placed within a garbage bin ready for garbage collection on the weekly garbage day or taken to a veterinarian for disposal. 18. Urban Poultry Permit holders shall make themselves and their coops available for impromptu onsite inspections conducted, with or without prior notice, by Town of High Level Municipal Enforcement Services. 19. Urban Poultry Permit holders shall not sell eggs, manure, meat, or any other products derived from their urban poultry.