Town of Magrath Bylaw No. 1239A - Livestock and Poultry Control Bylaw (Consolidated up to Bylaw 1325) — full text, Magrath, Alberta

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Page 1 of 10 TOWN OF MAGRATH IN THE PROVINCE OF ALBERTA BYLAW NO. 1239A Consolidated up to Bylaw 1325 (Livestock and Poultry) A BYLAW OF THE TOWN OF MAGRATH IN THE PROVINCE OF ALBERTA PURSUANT TO SECTION 7 OF THE MUNICIPAL GOVERNMENT ACT TO REGULATE THE KEEPING OF WILD OR DOMESTIC ANIMALS (LIVESTOCK AND POULTRY) WITHIN THE TOWN OF MAGRATH. WHEREAS Section 7(h) of the Municipal Government Act, R.S.A. (2000), Chapter M- 26, authorizes Council to pass bylaws for municipal purposes respecting the keeping of wild and domestic animals and activities in relation to them; AND WHEREAS Council has deemed it necessary to restrict the keeping of livestock and poultry within all areas of the Town of Magrath. NOW THEREFORE the Council of the Town of Magrath, in the Province of Alberta, duly assembled, hereby enacts as follows: 1. TITLE 1.1. This bylaw may be cited as the "Livestock and Poultry Control Bylaw" of the Town of Magrath 2. DEFINITIONS 2.1. "Animal Control Officer" means any person, firm, corporation, Special Constable or Peace Officer appointed by the Town of Magrath to carry out the provisions of this bylaw, or anyone authorized by the Animal Control Officer to act on his/her behalf. 2.2. "At large" means an animal(s) which are not under the control of a person responsible and is or are actually upon property other than the property in respect of which the owner or the animal(s) has the right of occupation, or upon any highway, street, boulevard, sidewalk, park, public walkway, playground, school ground, or other public place; and animal(s) which are under the control of a person responsible and which cause damage to property or other animals. 2.3. "Council" means the elected officials forming the municipal council of the Town of Magrath. Page 2 of 10 2.4. "Development Authority" means the Development Officer or Municipal Planning Commission, whichever has jurisdiction as per the current Town of Magrath Land Use Bylaw. 2.5. "Domestic Animal" is and includes any dog, cat or animal reclaimed from a wild state and adapted to live with man, not including "livestock" and "poultry" as defined herein. 2.6. "Livestock" means cows, goats, horses, mules, donkeys, alpaca, llama and sheep and any fur-bearing animals raised in captivity. 2.7. "Permit" means approval, authorization, or consent. 2.8. Poultry" is meant to mean only chickens and excludes all other types of domestic poultry. 3. REGULATIONS 3.1. No person shall keep any livestock or poultry within the portion of the Town of Magrath designated as the "No Animal Zone" as per Schedule "A" of this bylaw unless a permit has been obtained from the Town of Magrath as per the current Fees and Rates Bylaw. 3.2 Persons wishing to keep livestock within the "No Animal Zone" must apply for a permit from the Council of the Town of Magrath, while persons wishing to keep poultry within the "No Animal Zone" must apply for a permit from the Administration of the Town of Magrath. All applications must be made using the prescribed form as indicated in Schedule Schedule "B" and receive their permit, as shown in Schedule "C", of this bylaw. 3.2. The number of livestock permitted shall not exceed two (2) animals per acre of land. Properties smaller than 1 acre are not permitted to keep any livestock. The keeping of pigs is prohibited. 3.3. No person shall keep more than six (6) poultry within the "No Animal Zone" and a maximum of twenty (20) in the "Animal Allowed Zone". Permission to keep poultry will not be granted unless the premises are situated, constructed, maintained, kept and managed in accordance with the provisions of this bylaw. The keeping of roosters is prohibited. 3.4. In that portion of the Town of Magrath not included in the "No Animal Zone" are permitted to have no more than two (2) animals per acre of land and twenty (20) poultry without obtaining a permit from the Town of Magrath. 3.5. Any person who keeps poultry or livestock must provide each animal with food, water, shelter, light, ventilation, care and opportunities for essential behaviors such as scratching, dust-bathing, roosting, etc. Page 3 of 10 3.6. No person shall slaughter livestock on the property, dispose of except by delivering it to a farm, abattoir, veterinarian, or other operation that is lawfully permitted to dispose of such remains. 3.7. All poultry and livestock owners within the Town of Magrath must follow biosecurity procedures recommended by the Canadian Food Inspection Agency to reduce the potential for disease outbreaks. 3.8. No person shall construct or place any permanent animal housing structure within the Town of Magrath without first having obtained a development permit from the Development Authority. 3.9. Construction and maintenance of a coop must be of such quality to prevent any rodent from harbouring underneath or within the walls of the coop, as well as prevent any animals to exit or enter the coop. 3.10. No person shall keep any livestock or poultry in any place used for a dwelling or in any building or shed attached thereto. 3.11. Notwithstanding the above subsection 3.4, no livestock shall be kept in any building, corral, or any other enclosure situated at less distance than fifteen (15) meters from an adjacent dwelling or less than eight (8) meters from any public street not being a lane. 3.12. All buildings, corrals and pastures where animals are kept shall be properly constructed, ventilated, lighted and kept clean to the satisfaction of the Council of the Town of Magrath. All manure and other wastes shall be contained within the owner's property in such a manner as to not be a nuisance to neighboring properties. Any complaints in this regard shall be referred to the Council of the Town of Magrath or to the Animal Control Officer who has the authority to rescind any permit or revoke permission for the keeping of any livestock or poultry at any time. 3.13. The Council of the Town of Magrath or the Animal Control Officer may order the relocation, alteration or removal of any existing sheds, coops, runways, or enclosures in which poultry are kept which do not comply with the provisions of this bylaw. 3.14. All poultry shall be confined in proper coops or wire enclosures and not allowed at large, except homer, tippler and tumbler pigeons. 3.15. Properties that have become non-conforming by the amendments in this bylaw may continue to be non-conforming until this use is discontinued for a period of six (6) months or more, at which time they must conform with the livestock control regulations then in effect. Page 4 of 10 3.16. A person who contravenes any provision of this bylaw is guilty of an offence and is liable on summary conviction of a fine as follows: 1st Offence $100.00 2nd Offence $200.00 3rd and Subsequent Offence $500.00 Harbouring a prohibited animal $500.00 4. ENACTMENT 4.1. This Bylaw repeals Bylaw No. 1239 and Bylaw No. 1253 and comes into effect on the date of third and final reading. Read a first time this __________ day of __________________, 20__. Read a second time this __________ day of __________________, 20__. Read a third and final time this __________ day of __________________, 20__. Signed copy available at Town Office Signed copy available at the Town Office Mayor CAO © OpenStreetMap contributors 0.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers 0.9 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.46 0 1: 18,056 SCHEDULE "A" - No Animal Zone - 2024 Block Text Line Title Linework