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BY-LAW NO. 4-2023
A BY-LAW OF THE VILLAGE OF HOLDEN
IN THE PROVINCE OF ALBERTA
TO REGULATE AND CONTROL ANIMALS WITHIN THE VILLAGE OF HOLDEN
WHEREAS, the Municipal Government Act, R.S.A. 2000, c. M-26.1 as amended or repealed
and replaced from time to time, authorizes a municipality to regulate and control animals
and activities in relation to them;
NOW THEREFORE, the Council of the Village of Holden, duly assembled, enacts as follows:
1.
SECTION 1 -- SHORT TITLE
1.1
This Bylaw may be cited as the "Animal Control Bylaw"
2. SECTION 2 -- DEFINITIONS
2.1.
"Animal" means any live creature, including a dog or cat, which is kept as a domestic
pet but does not include livestock, as defined in the Agricultural Operation Practices
Act, nor any animal listed in Schedule "B" of this bylaw.
2.2.
"Animal Shelter" means the facility or facilities designated by Alberta municipalities
from time to time, as the location for the impoundment and care of animals subject to
this bylaw.
2.3.
"At Large" means any animal that is present at any place other than the property of
its Owner and which is not being carried by any person, or which is not otherwise
restrained or under physical control of a person by means of some form of restraining
device securely holding that animal.
2.4.
"Bylaw Enforcement Officer" shall mean a person appointed by the municipality
pursuant to the provisions of the Municipal Government Act.
2.5.
"CAO" means the Chief Administrative Officer of the municipality and whatever
subsequent title may be conferred on that officer by Council or statute, or their
designate.
2.6.
"Cat" means any member of a domesticated feline species.
2.7.
"Council" means the municipal Council of the Village of Holden.
2.8.
"Dangerous Dog" means any dog designated as such by the CAO of the municipality in
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accordance with Section 6 of this bylaw.
2.9.
"Dangerous Dogs Act" means the Dangerous Dogs Act, R.S.A. 2000, c. D-3, as amended
or repealed and replaced from time to time.
2.10. "Dog" means any member of a domesticated canine species.
2.11. "Kennel" means any place, as defined by the Land Use Bylaw, that is owned by a
person, group of persons or corporation and has all required permits and approvals to
keep four (4) or more domestic pets of any single species, over six (6) months of age,
for recreational activity or for a commercial business of breeding, buying, selling,
training or boarding.
2.12. "Land Use Bylaw" means the municipality's Land Use Bylaw, as amended or repealed
and replaced from time to time.
2.13. "Leash" means a tether no longer than three (3) meters in length and of suitable
strength that may be humanely attached to a collar or harness of an animal.
2.14. "License Tag" means an identification tag of metal or other material issued by the
municipality showing the license number of a specific dog.
2.15. "Livestock" means poultry, horses, cattle, sheep, swine, goats, bison, fur-bearing
animals raised in captivity and diversified livestock animals.
2.16. "Municipality" means the Village of Holden.
2.17. "Municipal Government Act" means the Municipal Government Act, R.S.A. 2000, c.
M-26, as amended or repealed and replaced from time to time.
2.18. "Owner" of an animal means a person:
2.18.1.
who has the care, charge, custody, possession or control of the animal;
2.18.2.
who owns or claims a proprietary interest in the animal;
2.18.3.
who harbours, suffers, or permits the animal to be present on any property
owned or under their control;
2.18.4.
who claims and receives the animal from the custody of the animal shelter
or from a Bylaw Enforcement Officer; or
2.18.5.
to whom a license tag was issued for the animal in accordance with this
bylaw.
2.19
"Owner's Property" means private property, or all or part of a structure on private
property, owned by or under the control or possession of an owner of an animal.
2.20
"Private Property" means any property within the municipality other than property
constituting public property.
2.21
"Provincial Offences Procedure Act" means the Provincial Offences Procedure Act,
R.S.A. 2000, c. P-34, as amended or repealed and replaced from time to time.
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2.22
"Public Property" means property owned by or under the control and management
of the Government of Canada, Government of Alberta or the municipality, and
contained within the boundaries of the municipality.
2.23
"Registered Veterinarian" is defined in the Veterinary Professions Act, R.S.A. 2000, c.
V-2, as amended or repealed and replaced from time to time.
2.24
"Restraining Device" means any leash, harness or other restraining system capable of
allowing the owner to maintain adequate control of the attached animal, or if located
on the property of the owner, capable of retaining the animal within the boundaries
of the owner's property.
2.25
"Restricted Dog" means any breed of dog designated as such by the CAO in
accordance with this bylaw.
2.26
"Secure Enclosure" means a building, cage, fenced area or other enclosure for
retaining an animal and which prohibits the animal jumping, climbing, digging or using
any other means to exit the enclosure, and which is capable of prohibiting the entry of
young children into the enclosure.
2.27
"Serious Wound" means an injury resulting from an animal attack which causes a
breaking of the skin or the flesh to be torn.
2.28
"Violation Fee Tag" means a tag or similar document issued by the municipality
pursuant to the Municipal Government Act.
2.29
"Violation Ticket" means a ticket issued pursuant to Part 2 of the Provincial Offences
Procedure Act and any Regulations thereunder.
3.
SECTION 3 - LICENSING PROVISIONS
3.1.
Every person who resides within the boundaries of the municipality and who is the
owner of a dog that is over the age of six (6) months shall apply for a license as set out
within this section, by paying the applicable fee as set out in Schedule "A" of this bylaw,
and providing such information as may be required on the application form prepared
by the municipality.
3.2.
Every person who resides in the municipality who becomes an owner of a dog that is
over the age of six (6) months, or who takes up residence within the municipality and
who is the owner of a dog that is over the age of six (6) months, shall apply for a license
as set out in this section and pay the applicable fee as set out in Schedule "A" of this
bylaw, within thirty (30) days of becoming the owner of such dog, or taking up
residence in the municipality.
3.3.
An owner of an unlicensed dog is guilty of an offence.
3.4.
Every person who resides within the boundaries of the municipality and who is the
owner of a cat that is over the age of six (6) months shall obtain for a license as set out
within this section, by paying the applicable fee as set out in Schedule "A" of this bylaw,
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and providing such information as may be required on the application form prepared
by the municipality.
3.5.
A license under this bylaw must be renewed on an annual basis, by paying the
applicable license fee prior to February 28 annually. Any person who fails to renew a
license within this time is guilty of an offence.
3.6.
Licenses issued pursuant to this bylaw shall not be transferred from one dog or cat to
another or from one owner to another.
3.7.
Upon payment of required license fee, and providing such information as may be
required by the municipality, the owner will be supplied a license tag having a number
which will remain registered to that dog or cat, for one calendar year.
3.8.
Every owner should ensure that the license tag is securely fastened to a choke chain,
collar or harness worn by the dog or cat at all times whenever the dog or cat is on
property other than the owner's property.
3.9.
The owner of a dog or cat that has been duly licensed under this bylaw may obtain a
replacement license tag for one that has been lost or damaged upon payment of the
replacement License Tag Fee as set out in Schedule "A" of this bylaw.
3.10. No person shall be entitled to a refund or rebate for any License Tag Fee.
3.11. The provisions of this section shall not apply to the following:
3.11.1.
Persons temporarily visiting the municipality for a period not exceeding
four (4) consecutive weeks;
3.11.2.
Not-for-profit associations, not-for-profit corporations and government
organizations engaged in the provision of specialized dog services, including
but not limited to, guide or assistance dogs, police dogs, and search and
rescue dogs;
3.11.3.
Handicapped persons holding an identification card proving ownership of a
guide or assistance dog for their use;
3.11.4.
Dogs and cats under six (6) months in age; and
3.11.5.
Holders of a valid and subsisting development permit, issued pursuant to
the Land Use Bylaw authorizing the operation of a kennel, animal shelter or
similar facility, but only in regard to those dogs which are intended for sale
or adoption or a dog which is owned by persons other than the operators
of the kennel, animal shelter or similar facility and which are boarded
therein.
4.
SECTION 4 - NUMBER OF ANIMALS
4.1.
No more than nine (9) animals, with no more than three (3) of the animals being dogs,
cats, or any other single species, shall be harboured, suffered or permitted to remain
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upon or in any land, house, shelter, room or place, building, structure or premises
within the municipality, unless:
4.1.1. The premises are lawfully used for the care and treatment of animals, operated
by or under the charge of a registered veterinarian;
4.1.2. The owner is the holder of a valid and subsisting development permit to
operate a kennel, animal shelter or a similar facility as authorized by the Land
Use Bylaw;
4.1.3. The animals in excess of the limit are under six (6) months of age and are the
offspring of a licensed animal residing at the same location; or
4.1.4. The owner is a not-for-profit association, not-for-profit corporation or
government organization engaged in the provision of specialized dog services
including but not limited to guide or assistance dogs, police dogs, and search
and rescue dogs.
4.1.5. A person moving into the Village who has more than 3 animals of the same
species, may keep the extra animal of the same species until the extra animal
of the same species passes away. Following which the property owner may only
own 3 animals of the same species.
4.2
Any person who keeps, suffers or harbours more than the permitted number animals
as outlined in Section 4.1, is in contravention of this section and is guilty of an offence.
5. SECTION 5 -- GENERAL OFFENCES
5.1.
An owner whose animal (dog or cat) is at large is guilty of an offence.
5.2.
The owner of an animal that barks, howls or otherwise makes noise so as to, in the
discretion of a Bylaw Enforcement Officer, constitute an unreasonable disturbance of
the quiet or repose of any person, is guilty of an offence.
5.3.
The owner of an animal (dog or cat) that threatens, attacks, bites, chases or injures
any person is guilty of an offence.
5.4.
The owner of an animal (dog or cat) that attacks, injures, kills, chases or otherwise
harasses another animal is guilty of an offence.
5.5.
The owner of an animal (dog or cat) that causes damage to public or private property
is guilty of an offence.
5.6.
Where an animal (dog or cat) has defecated on any public or private property, other
than the owner's property, the owner shall remove such defecation immediately and
failure to do so shall constitute an offence.
5.7.
The owner of an animal (dog or cat) shall maintain the owner's property, or any
property controlled by the owner on which the animal is harboured, in a clean and
sanitary condition and shall take such steps as are necessary to prevent the presence
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of nuisances, including offensive or noxious odors. Any owner who fails to maintain
the property in such a manner, as determined by a Bylaw Enforcement Officer, is guilty
of an offence.
5.8.
An owner of female animal (dog or cat) in estrus or "heat" which is not adequately
contained or restrained, both on and off the owner's property in a manner sufficient
to avoid attracting other animals, is guilty of an offence.
5.9.
Any person who without the consent of the owner, unties, loosens or otherwise frees
an animal (dog or cat) that was tied or otherwise restrained, or opens a gate, door or
opening in a fence or secure enclosure in which an animal has been confined, thereby
allowing the animal to run at large, is guilty of an offence.
5.10. Any person who interferes with, prohibits or otherwise impedes a Bylaw Enforcement
Officer in the performance of the officer's duties under this bylaw is guilty of an
offence.
5.11. Any person, who is in the opinion of a Bylaw Enforcement Officer, teasing, tormenting,
annoying or harming any animal, is guilty of an offence.
5.12. Where an animal disturbs a waste receptacle, whether on private or public property,
scattering the contents of such receptacle, the owner is guilty of an offence.
5.13. Where an animal (dog or cat) enters into any flowerbed in a park, whether or not the
animal is controlled by a restraining device, the owner is guilty of an offence.
5.14. No owner shall allow or permit an animal under their care, or control to enter into a
cemetery.
6.
SECTION 6 - DANGEROUS DOGS
6.1.
The CAO or their designate may declare a dog to be a dangerous dog if there are
reasonable grounds to believe, either through personal observation or on the basis of
facts determined after an investigation of a complaint, that the dog:
6.1.1. has a known propensity, tendency, or disposition to attack, chase or bite,
without provocation, another animal or human; or
6.1.2. has, inflicted a serious wound upon another animal or human; or
6.1.3. is a continuing threat of serious harm to any human or other animals; or
6.1.4. has been the subject of an order or direction of a justice or judge, pursuant to
the Dangerous Dogs Act.
6.2
Where a dog is determined by the CAO or their designate to be a dangerous dog
pursuant to section 6.1, the CAO or their designate shall:
6.2.1 serve the owner with a written notice that the dog has been declared to be a
dangerous dog;
6.2.2 direct the owner to keep the dangerous dog in accordance with the provisions
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of Section 6.7 of this bylaw, and provide the owner with a time limit for
constructing the required enclosure; and
6.2.3 inform the owner that if the dangerous dog is not kept in accordance with
Section 6.7 of this bylaw, the owner may be fined or subject to enforcement
action pursuant to this bylaw.
6.3
A written notice under Section 6.2 above shall include a summary of the applicable
bylaw provisions governing dangerous dogs.
6.4
An owner who receives notice under section 6.2 may, within fourteen (14) days of
receiving the written notice of the designation, request in writing that the designation
be reviewed by Council. Council is not obligated to conduct an oral hearing of the
review and may conduct the review based on written material provided by the CAO
and the owner.
6.5
Council upon a review conducted pursuant to section 6.4 of this bylaw may:
6.5.1 uphold the designation of the dog as dangerous; or
6.5.2 reverse the decision of the CAO and deem that the dog is not dangerous; or
6.5.3 uphold the designation of the dog as dangerous and vary the conditions of
harbouring the dog within the municipality.
6.6
The decision of Council shall be provided to the owner in writing within thirty (30) days
following Council conducting the review and may be served personally or by regular
mail on the owner. If the decision is sent by regular mail, it shall be deemed received
seven (7) days after the date of mailing.
6.7
The owner of a dangerous dog shall:
6.7.1 maintain in force a policy of liability insurance in a form satisfactory to the
municipality providing third party liability coverage in a minimum amount of
five-hundred thousand ($500,000.00) dollars for injuries caused by the owner's
dangerous dog and no license tag shall be issued for a dangerous dog unless
proof of such insurance coverage is provided to the municipality along with the
application for a license; and
6.7.2 license the dog as a dangerous dog and follow the procedures set out in Section
3 of this bylaw, which includes paying the applicable fee for a dangerous dog
as set out in Schedule "A" of this bylaw; and
6.7.3 while the dangerous dog is off the owner's property, muzzle and secure the
dangerous dog by means of a restraining device under the physical control of a
person of eighteen (18) years of age or older; and
6.7.4 who has the physical strength to restrain the animal; and
6.7.5 while the dangerous dog is on the owner's property, confine the dangerous dog
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within a secure enclosure or within the residence of the owner.
6.8
The owner of a dangerous dog who fails to comply with the provisions of Section 6.7
is guilty of an offence.
6.9
The owner of a dangerous dog shall immediately notify the municipality should the
policy of liability insurance expire, be cancelled or terminated, and upon the
occurrence of such an event, the dangerous dog license shall be null and void, unless
the municipality receives written proof that a new insurance policy has been secured,
meeting the requirements of Section 6.7.1, within fifteen (15) days of the expiry,
cancellation or termination of the original policy.
6.10
The CAO must require the owner of a dangerous dog to post a sign at all entrances to
the owner's property, or any property controlled by the owner, stating "Dangerous
Dog", and where so directed, the owner of a dangerous dog who fails to do so is guilty
of an offence.
6.11
Where the owner of a dangerous dog is guilty of an offence under Section 5 of this
bylaw, the fine shall be double the amount indicated in Schedule "C" of this bylaw.
6.12
In addition to the remedies set forth elsewhere in this bylaw, if a Bylaw Enforcement
Officer determines that a dangerous dog is not being kept in accordance with this
bylaw, the officer may:
6.11.1 Issue an order pursuant to section 545 of the Municipal Government Act
directing that the dangerous dog be kept in accordance with this bylaw or be removed
from the physical boundaries of the municipality; and
6.13 May issue an order under subsection 6.12.1, bring an application pursuant to the
Dangerous Dogs Act for an order directing that the dangerous dog be kept in
accordance with this bylaw, destroyed or subjected to such other order as the court
may direct.
7
SECTION 7 -- BYLAW ENFORCEMENT OFFICER
7.1
A Bylaw Enforcement Officer is a designated officer of the municipality for the
purposes of inspections, investigations and enforcement of this bylaw and, in addition
to any other powers or authority granted under this bylaw or any other enactment, is
authorized:
7.1.1 to capture and impound in an animal shelter any animal that is at large;
7.1.2 to take any reasonable measures necessary to subdue any animal, including the
use of tranquilizer equipment and materials;
7.1.3 to enter onto lands surrounding any building in pursuit of an animal while that
animal is at large; and
7.1.4 if an animal is in distress, whether or not as a result of enforcement action
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taken pursuant to this bylaw, to take the animal to a registered veterinarian for
treatment and, once treated, to transfer the animal to the animal shelter
7.2
All costs and expenses incurred by the municipality as a result of sheltering the animal
(dogs or cats) and or veterinary treatment pursuant to sections 8.1.1 and 8.1.4 above
shall be recoverable from the owner of the animal as lawful debt owed to the
municipality; and may be charged to the owner's property tax roll if the cost is not
voluntarily paid by the property owner.
7.3
Animals (dogs and cats) impounded in an animal shelter shall be kept for a period of
at least seventy-two (72) hours. In the calculation of the seventy-two (72) hour period,
Saturdays, Sundays, statutory holidays and days that the animal shelter is not open
shall not be included.
7.4
Notwithstanding section 7.3, where an animal that has been impounded bears obvious
identification tattoos, brands, marks, tags or licenses, the Bylaw Enforcement Officer
shall make all reasonable efforts to contact the owner of the animal and shall keep the
animal for a period of at least one-hundred twenty (120) hours.
7.5
During the period established in section 7.3 and 7.4 above, the animal may be
redeemed by its owner, except as otherwise provided in this bylaw, upon payment to
the municipality or its authorized agent of:
7.5.1 the impoundment fee;
7.5.2 the cost of any veterinary treatment provided in respect of the animal pursuant
to this bylaw;
7.5.3 in the case of an unlicensed dog, the appropriate license fee; and
7.5.4 any penalties levied against the owner of the animal pursuant to Schedule "C"
of this bylaw.
7.6
At the expiration of the time period established in 7.3 or 7.4 above, the CAO or their
designate is authorized to:
7.6.1 offer the animal for sale or as a gift;
7.6.2 destroy the animal in a humane manner;
7.6.3 allow the animal to be redeemed by its owner in accordance with the
provisions of Section 7.5 above; or
7.6.4 continue to impound the animal for an indefinite period of time or for such
further period of time as the CAO or their designate may decide.
7.7
Where an animal has been impounded, if in the opinion of a registered veterinarian or
a Bylaw Enforcement Officer an animal:
7.7.1 should be euthanized for humane reasons; or
7.7.2 is feral and without identification; a registered veterinarian may immediately
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proceed to humanely euthanize the animal.
7.8
No action shall be taken against any person, including a Bylaw Enforcement Officer or
registered veterinarian acting under the authority of this bylaw, for damages for
destruction or other disposal of any animal in accordance with the provisions of this
bylaw.
8 SECTION 8 - CAPTURING AND IMPOUNDING ANIMALS (DOGS OR CATS) AT LARGE
8.1
The Village of Holden will not undertake to capture animals (dogs or cats) found to be
at large.
8.2
This Bylaw provides the option for individual residents within the Village of Holden to
capture and turn over to a pound, animals (dogs or cats) found to be at large on their
property.
8.3
Individuals who have captured an animal may choose to take a picture of the animal
and post on the picture Facebook sites such as Holden Alberta Today or Holden Rant
and Rave or send to [email protected] to help electronically share the pictures with
the intent of notifying the animal owner that their pet has been captured. Note, Village
office hours are Monday to Friday 8:30 to noon and 1 pm to 4:30 pm, excluding
statutory holidays.
8.4
Individual residents within the Village of Holden must utilize a cat trap from the SPCA
or other appropriate live trap to capture a cat or cats at large. The use of the cat trap
is in accordance with the Cat Trap Agreement. The payment for deposit on the use of
the cat trap is as per Schedule A.
8.5
Cats traps may only be set on private property.
9. SECTION 9 - SEIZURE IMPOUNDMENT RECLAIMING AND DISPOSITION OF CATS
9.1
Prior to endeavouring to capture an animal at large, residents who notices an animal
at large should, when possible, attempt to identify the animal's owner and or take
pictures of the animal to share on Facebook with the intention of contacting the animal
owner as soon as possible.
9.2
Any resident of the Village of Holden may seize and capture animals when
temperatures do not go below Zero Degrees Celsius, utilizing a certified cat trap from
SPCA or other supplier, a cat or cats found to be running at large and impound the cat
to a certified pound of the capturer's choice since the Village does not have the
capacity to operate a pound/shelter.
9.3
In the seizure of cats at large, residents of the Village must utilize a cat trap as per
section 8.1 above. Cat traps shall be used in a humane manner as set out in the Cat
Trap Agreement.
9.4
The cat so impounded shall be kept in the pound for a period of at least seventy-two
(72) consecutive hours. Saturdays and Sundays and statutory holidays shall not be
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included in the computation of the allotted time frame. During this period, any healthy
cat may be retrieved by its owner or agent upon payment of:
9.4.1. Any fine or fines imposed pursuant to the Bylaw
9.4.2. The impoundment fees described in Schedule B; or
9.4.3 Any care and subsistence fees charged by the pound or shelter.
9.5
At the expiration of the seventy-two hours impoundment period, any cat not retrieved
shall become the property of the pound or shelter owner.
9.6
Where a cat is wearing a Village of Holden Cat Registration Tag, the Pound/Shelter
operator shall notify the Village. The Village will utilize its best efforts to inform the Cat
owner of its impoundment.
9.7
The Pound/Shelter Operator shall report any apparent illness, communicable disease,
injury or unhealthy condition of impounded cat to a Veterinarian and act immediately
upon the Veterinarian's recommendations. The Owner of the cat shall be responsible
for all resulting charges.
9.8
When in the judgement of the licensed Veterinarian, an animal should be destroyed
for humane reasons, such animals may not be retrieved.
9.9
No action shall be taken against any person acting under the authority of the Bylaw
and acting humanely for damages for destruction or disposal of a cat based on the
recommendation of the Veterinarian.
10 SECTION 10 -- OFFENCES & PENALTIES
10.1
Any person who contravenes any provision of this bylaw is guilty of an offence and is
liable upon summary conviction to a specified penalty for that offence as set out in
Schedule "C" of this bylaw.
10.2
Notwithstanding section 8.1, any person who commits a second or subsequent offence
under this bylaw within one (1) year of committing a first offence, is liable on summary
conviction to double the penalty set out in Schedule "C" of this bylaw, for that offence.
10.3
Under no circumstances shall a person contravening any provision of this bylaw be
subject to the penalty of imprisonment.
11
SECTION 11 - VIOLATION TAGS
11.1
A Bylaw Enforcement Officer is hereby authorized and empowered to issue Violation
Tags to any person who the Bylaw Enforcement Officer has reasonable and probable
grounds to believe has contravened any provision of this bylaw.
11.2
A Violation Tag may be issued to such person:
11.2.1 either personally; or
11.2.2 by mailing or emailing a copy to such person at their last known postal address.
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11.3
A Violation Tag shall be in a form approved by the CAO of the municipality and shall
state:
11.3.1 the name of the person;
11.3.2 the offence;
11.3.3 the appropriate penalty for the offence as specified in Schedule "C" of this
bylaw;
11.3.4 that the penalty shall be paid within thirty (30) days of the issuance of the
Violation Tag; and
11.3.5 any other information as may be required by the municipality.
11.4
Where a Violation Tag is issued pursuant to this bylaw, the person to whom the
Violation Tag is issued may in lieu of prosecution of the offence, pay the municipality
the specified penalty as set out on the Violation Tag.
11.5
Nothing in this bylaw shall prevent a Bylaw Enforcement Officer from immediately
issuing a Violation Ticket.
12
SECTION 12 -- VIOLATION TICKETS
12.1
In those cases where a Violation Tag has been issued and the penalty specified on the
Violation Tag has not been paid within the prescribed time, a Bylaw Enforcement
Officer is hereby authorized and empowered to issue a Violation Ticket.
12.2
Notwithstanding section 9.1 and 10.1, a Bylaw Enforcement Officer is authorized and
empowered to immediately issue a Violation Ticket to any person who the Bylaw
Enforcement Officer has reasonable and probable grounds to believe is responsible for
a contravention of this bylaw.
12.3
A Violation Ticket issued with respect to a contravention of this bylaw shall be served
upon the person responsible for the contravention in accordance with the Provincial
Offences Procedure Act.
12.4
The person to whom the Violation Ticket has been issued may plead guilty by making
a voluntary payment in respect of the summons by delivering to the Provincial Court,
on or before the initial appearance date, the Violation Ticket together with an amount
equal to the specified penalty for the offence as provided for in the Schedule "C" of
this bylaw;
12.5
When a Clerk of the Provincial Court records the receipt of a voluntary payment
pursuant to section 10.4 and according to the Provincial Offences Procedure Act, the
act of recording constitutes acceptance of the guilty plea and also constitutes a
conviction and the imposition of a fine in the amount of the specified penalty.
13
SECTION 13 -- SEVERABILITY
13.1
Should any provision of this bylaw be found invalid, the invalid provision shall be
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Village of Holden - Bylaw No. 4-2023
Item 7.b.i
severed and the remaining bylaw shall be maintained.
14
SECTION 14 -- REPEAL
14.1
Bylaw No. 6-2014 is hereby repealed.
15
SECTION 15 -- EFFECTIVE DATE
15.1
This bylaw takes effect as of the date of third and final reading.
READ A FIRST TIME this 15h day of May, 2023
READ A SECOND TIME this 21 day of August, 2023
READ A THIRD TIME and passed this 16th day of October, 2023
_________________________________
Mayor
_________________________________
Chief Administrative Officer
Page 14 of 15
Village of Holden - Bylaw No. 4-2023
Item 7.b.i
SCHEDULE "A" - LICENSING FEES
1. Annual License Fee:
1st Registration
Annual Renewal:
Jan-Feb
Annual Renewal:
Mar-Dec
Dog
$15
If purchased after Aug.
31, no renewal will be
sent in following year
$15
$20
Cat
$15
$15
$20
Dangerous Dog
$30
$30
$40
Guide or Assistance Dog
Nil
Nil
Nil
2. Replacement for lost Tag (dog or cat):
$5.00
SCHEDULE "B" - EXEMPT ANIMALS
1. Aquarium Fish and invertebrates
2. Rodents normally kept as indoor pets
3. Domesticated birds normally kept as indoor pets. This provision does not apply to the
keeping of chickens or other domesticated fowl constituting or producing livestock
products as defined within the Livestock and Livestock Products Act, R.S.A. 2000, c. L-
18.
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Village of Holden - Bylaw No. 4-2023
Item 7.b.i
SCHEDULE "C" - SPECIFIED PENALTIES
Offence
Penalty
Section
Failing to renew license by February 28
$30
3.5
Failing to license a Dog or Cat
$40
3.3
Failing to wear a License Tag
$30
3.8
Keeping, suffering or harbouring more
Than NINE (9) Animals total; or THREE (3) of any single species
$50
4.1
Animal At Large
$100
5.1
Animal that Barks, howls or otherwise makes noise which
disturbs the quiet or repose of any Person
$50
5.2
Animal that threatens, attacks, bites, chases or injures any
Person
$100
5.3
Animal attacks, injures, kills, chases or otherwise harasses
another Animal
$100
5.4
Animal that causes damage to Public or Private property
$50
5.5
Failure to remove animal defecation from Public or Private
property immediately
$100
5.6
Failure of Owner to keep property in a clean, sanitary and
inoffensive condition
$50
5.7
Failure to contain or restrain a female animal in heat
$50
5.8
Untying, loosening or otherwise freeing an animal without the
knowledge or consent of the Owner
$50
5.9
Interfering with, prohibiting or otherwise impeding a Bylaw
Enforcement Officer
$100
5.10
Teasing, tormenting, annoying or harming any animal
$100
5.11
Failure to comply with section 6.7 regarding Dangerous Dogs
$100
6.5
Failing to post "Dangerous Dog" sign
$50
6.10
Section 5 Offence in relation to a Dangerous Dog
Double
6.11
Second or subsequent offence within one (1) year
Double
8.2
An Offence for which a Penalty is not otherwise provided
$50
n/a