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BYLAW # 001i2O17
of the TOWN OF IRRICANA
in the PROVINCE OF ALBERTA
Being a bylaw of the Town of lrricana, in the Province of Alberta to regulate, restrain
the running at large, the licensing, and the impounding of animars.
WHEREAS the Municipal Government Act, S.A. 2000, Chapter M-26, as amended,
provides that a Council may pass bylaws in relation to the regulation, restraining running
at large, licensing, and impounding of animals.
AND WHEREAS Council has deemed it necessary to regulate the restraining running at
large, licensing, and impounding of animals;
AND WHEREAS should any issue pertaining to procedure, process or regulation arise
that is not covered under this Bylaw, the MGA or any other enactment will take
precedence. Failing that it shall be decided by a majority of council.
TITLE:
This bylaw may be cited as the "Animal Control Bylaw".
PART I
DEFINITIONS
1.1 "Altered": means spayed or neutered;
1.2 "Animal": means any domestic or tamed animal kept for companionship or
pleasure;
1,3 "AttacK': means an assault or aggressive action by an animal towards a person or
other Animal, which results in bodily harm, grievous bodily harm, or death to a
person or other Animal;
1.4 "At Large": means any animal that is not under care and controt of a person able to
control that animal, and.not on a permitted leash, while off the property of its
owner;
1.5 "Bite": means a wound causing the bruising, piercing or laceration of skin with
teeth or mouth part of an animal;
1.6 "Bylaw Enforcement Officer": an employee or independent contractor appointed by
the Town of lrricana to enforce all provisions of this and other Town of lrricana
Bylaws, and includes any member of the Royal Canadian Mounted Police, and
when authorized, a Community Peace Officer, appointed by the Alberta Provincial
Government. A Bylaw Enforcement Officer is a Designated Peace Officer for the
purposes of s. 594 of the Municipal Government Act;
1.7 "Care and Control": means
a. Exercising physical control or effective control of an Animal;
b. Having been given physical or effective control of an Animal by its owner for
the purpose of controlling the Animalfor a specific period of time;
c. Where no one or more Persons with the knowledge and consent of the other,
has physical or effective control of an Animal, it may be deemed to be in the
control of all of them;
1.8 "Cat": means any member of the feline family;
1.9 "Contractod': means any person under the contract by the Town of lrricana to
maintain and administer a pound facility or Animal Shelter;
1.10 "Dog": means any member of the canine family;
1.11 "Grievous Bodily Harm": means any wound inflicted on a person or Other Animal
by a dog, that would permanently disfigure or othenruise cause permanent injury or
loss of any body part.
1.12 "License Department": means the Chief Administrative Officer, for the Town of
lrricana, or his/her designate;
1.13 "Minor Injury": means any physical injury to a person or other Animal, caused by
an animal that results in minor bleeding, bruising, minor tearing of skin, or any
other injury, that is not life threatening, disfiguring, or debilitating;
1.14 "Nuisance": means any form of disturbance or annoyance, as determined by the
Bylaw Enforcement Officers discretion, created by an Animal;
1 .15 "Owner": means a person over the age of 18 who:
a. claims and receives custody of an Animal from the custody of an Animal
Shelter or a Bylaw Enforcement Officer; or
b. harbors or permits an Animal to be present on any propefi of the owner
or under that person's control; or
c. has been issued a license under Part ll of this Bylaw; or
d. has the care, charge, custody, possession, or control of an Animal; or
e. owns or claims a proprietary interest in an Animal.
1 .16 "Permitted Leash": means a leash that is not more than two (2) meters in length
and capable of restraining an Animal on it which it is being used;
1.17 "Private Property": means all property within the Town of lrricana other than
property considered Public Property;
1 .18 "Public Property": means all property owned by or under control and management
of the Government of Canada, the Government of Alberta, or the Town of lrricana,
contained within the boundaries of the Town of lrricana.
1.19 "Tag": means a current metal or other Tag issued by the Town of lrricana to an
Owner for each Animal he/she owns, and which bears the number corresponding
to a number in the master register book or database;
1.20 "Violation Tag" means a written notice, issued by a Bylaw Enforcement Officer, to
advise a person that a violation of this Bylaw had occurred and that, by payment of
s specified amount to the Town of lrricana within a set time period, that person will
avoid prosecution for the offence.
1.21 "Violation Ticket": means a ticket pursuant to Part 2 of the Provincial Offences
Procedure Act, R.S.A. 2000, c-9-34, as amended, and any regulations thereunder;
PART II
LICENSING OF ANIMALS
2.1 Every person, who owns, keeps, or harbors an Animal, for a period of fourteen
(14) days, which is three (3) months of age, or older shall pay the Town of lrricana
a yearly license fee as set out in Schedule "8".
2.2 Upon payment of the current yearly license fee, the Town of lrricana or its
designate shall issue a License and Tag, with a number.
2.3 Where a license is required, and has been paid for by the tender of an uncertified
cheque, the license is automatically revoked if the cheque is not accepted and
cashed by the bank on which it was issued.
2.4 The Tag shall be securely affixed to a collar, harness or other device which shall
be worn on the Animal for which it was issued at all times, when off the property of
the Owner.
2.5 lf a Tag is lost or destroyed, the Owner shall apply for a replacement, which shall
be issued upon payment of a specified fee.
2.6 The Tag is not transferable from one Animal to another and no refund will be made
for any issued tag.
2.7 The Owner, keeper, handler, or harbourer, of any type of Assistance Dog, Guide
Dog, or Police Service Dog, will be issued a license and Tag free of charge.
PART III
LICENSING OFFENCES
3.1 A resident of the Town of lrricana who is the Owner of an Animal is guilty of an
offence if he/she fails to obtain a license for such Animal;
3.2 The owner of an Animal is guilty of an offence if he/she provides false or
misleading information to the Bylaw Enforcement Officer or Licensing Department,
upon completion of his/her Animal License Application form;
3.3 The owner of an Animal is guilty of an offence if he/she fails to ensure that the
Animal wears a collar and Tag while off the property of the Owner.
3.4 Any owner of an Animal residing in the Town of lrricana for a period longer than
ninety (90) days in one year is required to have a current license for the Town of
lrricana, unless the owner is visiting and has a current license for such Animal
within another municipality. In any prosecution or proceedings for a contravention
of this section, the onus of proof of length of time in the Town of lrricana, shall rest
upon the owner of the Animal.
PART IV
ANIMAL CONTROL OFFENCES
4.1 The Owner of an Animal is guilty of an offence if such animal Runs at large;
4.2 The Owner of an Animal is guilty of an offence if;
a. Such Animal defecates or sprays on Public or Private Property and the
Owner or person in care and control of the Animal fails to immediately
remove such defecation, other than when on the Property of the Owner, or;
b. He allows defecation to accumulate, on his property to such an extent that it
is reasonably likely to cause a nuisance or pose a health risk.
4.3 The owner of an Animal is guilty of an offence if he allows such Animal within a
site containing playground apparatus and/or sand play area located on Public or
Private Propefi other than the property of the Owner.
4.4 The owner of an Animal is guilty of an Offence if he allows such Animal to bark,
meow, howl, or othenruise make or cause a noise or noises so as to disturb the
quiet and repose of a person;
4.5 Any person who allows an Animal to damage any private or public property, other
than the property of the owner;
4.6 The owner of an Animal is guilty of an offence if such Animal is exercised while the
owner or person in care and control of such Animal, remains inside of a motor
vehicle, whether the vehicle is running or not.
4.7 The owner of an Animal is guilty of an offence if he leaves such Animal unattended
on Public or Private Property, including the propefi of the Owner, which the public
has access to.
PART V
ANIMALS DISPLAYING THREATENING BEHAVIOR
5.1 The owner of an Animal is guilty of an offence, whether on or off the Owner's
Property, if the Animal:
a. Chases, lunges, or othenruise exhibits threatening behaviour towards a
bicycle or motor vehicle;
b. Chases, lunges, or othenruise exhibits threatening behavior towards any other
animal, or;
c. Chases, lunges, or othenrvise exhibits threatening behavior towards a person.
PART VI
ANIMALS CAUSING INJURY TO PERSON OR ANIMAL
6.1 The owner of an Animal is guilty of an offence, whether on or off the property of
the Owner, if such Animal:
a, Attacks or Bites any person causing any injury or death;
b. Attacks or Bites any other animal causing any injury or death;
PART VII RELEASE OF IMPOUNDED ANIMALS
7.1 The Town appointed contractor shall keep all impounded Animals for a period of
no less than five (5) days, including the day of impounding. Sundays and Statutory
Holidays shall not be included in the computation of the five (5) day period. During
this period, any healthy Animal may be redeemed by its Owner, upon payment to
the Contractor of:
a. The appropriate license fee when an Animal is not licensed; and
b. Kennel boarding fees as per contract rate for every twenty four (24) hour
period or fraction thereof.
7.2 At the expiration of the five (5) day period any Animal not redeemed becomes the
sole properV of the contractor or the boarding facility.
7.3 The Bylaw Enforcement Officer or Contractor shall report any apparent illness,
communicable disease, injury, or unhealthy condition of any Animal to a
Veterinarian and act upon his recommendation. The Owner, if known, shall be held
responsible for all expenses incurred.
7.4 The Bylaw Enforcement Officer may seize and impound
a. Any Animal running at large;
b. Any Animal not wearing an AnimalTag while off the premises of the Owner;
c. Any female Animal in heat not confined and housed;
d. Any Animalthat has caused or alleged to have caused Minor lnjury, Grievous
Bodily Harm, or Death.
7.5 Any Owner attempting to claim an impounded Animal shall present government
issued identification to the Contractor or the staff at the pound facility,
PART VIII INTERFERENCE WITH OFFICER
8.1 Any person whether or not he/she is the owner of an Animal, who is present during
any type or during any time of an investigation being conducted by a Bylaw
Enforcement Officer, or whether or not he/she is the owner of an Animal which is
being pursued and or captured, is guilty if he/she:
a. lnterferes with or obstructs an Officer who is attempting to capture, or who has
captured any animal, or obstructs the Officer from conducting any lawful
investigation;
b. Unlocks or unlatches or othenruise opens an Officer's vehicle in which animals
are captured for the impoundment have been placed, so as to allow or attempt
to allow any animal to escape;
c. Removes or attempts to remove, any animalfrom the possession of an Officer;
d. Refuses to provide identification (name, address, date of birth) and proof
thereof to an Officer upon request;
e. Provides any false or misleading information to an Officer;
f. Deliberately withholds or fails to disclose any pertinent information regarding
any open investigation an Officer is involved in;
PART IX
ENFORCEMENT AND PENALTIES
9.1 Any person who contravenes any provision of this Bylaw is guilty of an offence and
is liable on Summary Conviction to a fine as set out in Schedule "A" herein and in
default of payment of any fine, to imprisonment for up to one (1) year.
9.2 Notwithstanding Part lX Section 1 of this Bylaw, any person who commits a
second or subsequent offence under this Bylaw may be liable to an increased fine
as set out in Schedule "A".
9.3 A Bylaw Enforcement Officer is hereby authorized and empowered to issue a
Violation Tag to any person whom the Bylaw Enforcement Officer has reasonable
and probable grounds to believe has contravened any provision of this Bylaw;
9.4 A Violation Tag may be issued to such person:
a. Either in person;
b. By mailing a copy to such person at his last known post office address; or
c. Upon retrieval of such persons Animal from the Town of lrricana Pound or the
Contractors Pound.
9.5 The Violation Tag shall state
a. The name of the Owner;
b. The offence;
c. The appropriate penalty for the offence as Specified in Schedule "A" of this
Bylaw;
d. The penalty shall be paid within twenty-two (22) days of the issuance of the
Violation Tag to avoid prosecution; and
e. Any other information as may be required by the License Department.
9.6 Where a Violation Tag is issued pursuant to this Bylaw, the person to whom the
Violation Tag is issued may, in lieu of being prosecuted for the offence, pay the
Town of lrricana the penalty specified on the Violation Tag.
9.7 Nothing in this Bylaw shall prevent a Bylaw Enforcement Officer from immediately
issuing a Violation Tag.
9.8 The Bylaw Enforcement Officer may enforce the provisions of this Bylaw, and
where a Bylaw Enforcement Officer has reasonable grounds to believe that a
provision of this Bylaw has been contravened, the Bylaw Enforcement Officer is
authorized and empowered to immediately issue a Violation Ticket pursuant to
ParI2 of the Provincial Offences Procedures Act, R.S.A. 2000, c p-34, as
amended, to any person who the Bylaw Enforcement Officer has reasonable
grounds to believe is responsible for the contravention.
9.9 Where a Violation Ticket has been issued to a person pursuant to this Bylaw, that
person may plead guifty to the offence by submitting to a Clerk of the Provincial
Court the specified penalty set out in the Violation Ticket at any time prior to the
appearance indicated in the Violation Ticket.
9.10 The Violation Ticket shall be served upon the person who is believed to be
responsible for the contravention under the Bylaw in accordance with the
provisions of the Provincial Offences Procedures Act R.S.A. 2000, c p-34, as
amended.
9.11 Should any person be guilty of an offence for which no penalty is specified in
Schedule "A" herein, then such person shall be liable on Summary Conviction to a
fine not less than five hundred dollars ($500.00).
9.12 Subject to the entry notice provisions of the Municipal Government Act, R.S.A.
2000 c.m.-26, a designated Bylaw Enforcement Officer or Peace Officer of the
Town of lrricana, may enter upon any privately owned property, other than a
dwelling house for the purposes of enforcing the provisions of this Bylaw.
9.13 The purchaser of an Animal from the Bylaw Enforcement Officer, Pound, or
Contractor pursuant to the provisions of this Bylaw shall obtain full right and tifle to
it and the right and title of the former owner of the Animal shall cease there upon.
PART X
SEVERABILITY OF BYLAW PROVISIONS
10.1 Each and every separate provision of this Bylaw shall be deemed independent of
all other provisions, and if any provision of this Bylaw is declared invalid by any
Court, all other provisions shall remain valid and enforceable.
PART XI
REPEAL
1 1 .1 Bylaw 13:2003 is hereby repealed.
PART XII EFFECTIVE DATE
AND FURTHER THAT this Bylaw shall take effect on the date of third and final reading.
READ A FIRST TIME this 23 day of Januarv A.D.2017.
READ A SECOND TIME this 23 day of Januarv A.D 2017.
READ A THIRD TIME this 21 day of Februarv A.D.2O1Z.
R
FABI
CHIE
ISTRATIVE OFFICER
NNIS
SCHEDULE "A"
SPECIFIED PENALTIES
PART III
LICENSING OFFENCES
PART IV
ANIMAL CONTROL OFFENCES
PART V
ANIMALS DISPLAYING THREATENING BEHAVIOR
PART VI
ANIMALS CAUSING INJURY TO PERSON OR ANIMAL
Third
Offence:
$200.00
$1,500.00
$300.00
Second
Offence
$150.00
$1,000.00
$200.00
First
Offence:
$75.00
$500.00
$100.00
Offence
Fail to obtain an animal license
Providing false or misleading
information on license application form
Fail to ensure collar and/or tag worn on
animal while off the property of the
owner.
Section
Number:
3.1
3.2
3.3
Third
Offence
$300.00
$300.00
$300.00
$300.00
$300.00
$800.00
$300.00
$300.00
Second
Offence
$200.00
$200.00
$200.00
$200.00
$200.00
$400.00
$200.00
$200.00
First
Offence:
$150.00
$100.00
$100.00
$100.00
$100.00
$200.00
$100.00
$100.00
Offence
Animal runs at large.
Fail to immediately remove defecation.
Allow defecation to accumulate, to such
an extent to annoy or pose a health risk.
Allow Animal in playground apparatus
and or sand play area.
Allow Animal to bark, meow, or howl so
as to cause a disturbance.
Allow Animal to destroy public or private
property other than the property of the
owner.
Exercise Animal while in a motor
vehicle.
Leave Animal unattended on premises
where public has access.
Section
Number:
4.1 a
4.2 a
4.2b
4.3
4.4
4.5
4.6
4.7
Third
Offence
$800.00
$800.00
$800.00
Second
Offence
$400.00
$400.00
$400.00
First
Offence:
$200.00
$200.00
$200.00
Offence
Animal chases, lunges, or othenruise
exhibits threatening behavior towards a
bicycle or motor vehicle.
Animal chases, lunges, or otheruvise
exhibits threatening behavior towards
another animal.
Animal chases, lunges, or othenruise
exhibits threatening behavior towards a
person,
Section
Number:
5.1 a.
5.1 b.
5.1 c
Third
Offence
COURT
COURT
COURT
COURT
COURT
COURT
Second
Offence
COURT
COURT
COURT
COURT
COURT
COURT
First
Offence:
$500.00
COURT
COURT
$250.00
$750.00
$1,000.00
Offence:
Animal attacks any Person causing
minor injury.
Animal attacks any Person causing
grievous bodily harm.
Animal attacks any Person causing
death.
Animal bites any other Animal causing
minor iniury.
Animal attacks any other animal
causing grievous bodily harm.
Animal attacks any other animal
causing death.
Section
Number
6.1 a
6.1 a
6.1 a.
6.1 b.
6.1 b.
6.1 b.
PART VIII INTERFERENCE WITH OFFICER
Third
Offence:
COURT
COURT
COURT
COURT
COURT
COURT
Second
Offence
COURT
COURT
COURT
COURT
COURT
COURT
First
Offence:
$500.00
$500.00
$500.00
$500.00
$500.00
$500.00
Offence
Obstructing an Officer, attempting
to obstruct an Officer, or
obstructing an officer who is
attempting to or who has captured
an Animal.
Unlocking, unlatching, or
otherwise opening an Officers
vehicle in which animals are
placed, so as to allow an animal
to escape.
Removing or attempting to
remove any animal from the
Officers Possession.
Refusing to provide identification
to an Officer.
Providing false or misleading
information to an Officer.
Withholding information from an
Officer, which is pertinent to any
investiqation.
Section
Number:
8.1 a
8.1) b
8.1 c.
8.1 d.
8.1 e.
8.1 f
Schedule "B"
License Fees
License Fee between December 01.1 and January 31st:
- Unaltered Dog - $20.00
- Unaltered Cat - $20.00
- Altered Dog - $10.00
- Altered Cat - $10.00
License Fee after January 31.t:
- Unaltered Dog - $40.00
- Unaltered Cat - $40.00
- Altered Dog - $20.00
- Altered Cat - $20.00
Replacement Tags:
- Dog - $10.00
- Cat - $10.00
There shall be no pro-rating on License Fees
lf an Owner is a new resident of the Town of lrricana, the fee for the License shall not
differ from the fee's listed above.