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Village of Marwayne
Animal Control Bylaw No. 604-25
A BYLAW OF THE VILLAGE OF MARWAYNE TO AMEND THE ANIMAL CONTROL BYLAW FOR THE
PURPOSE OF REGULATING AND CONTROLLING ANIMALS.
WHEREAS
the Village of Marwayne in the Province of Alberta deems it appropriate
to establish a bylaw to control and regulate animals within the Village of
Marwayne;
AND WHEREAS
the Council of the Village of Marwayne may pass bylaws for the safety,
health and welfare of people and the protection of property;
NOW THEREFORE
under the authority of the Municipal Government Act, the Council of the
Village of Marwayne, in the Province of Alberta, enacts as follows:
1. DEFINITIONS
Animal means any live creature, both domestic and wild, and includes
Dogs, Cats, Livestock, fowl, fish and reptiles, but does not include a
human;
Animal Protection Act means the Animal Protection Act, RSA 2000
Chapter A-41,and regulations thereunder;
Animal Shelter means a facility contracted by the Village for the purposes
of housing and providing care for impounded Dogs, Cats or other
Animals, collecting fees, and otherwise assisting with the administration of
this Bylaw, and may include a veterinary clinic;
At Large means any Dog or Cat that is present at any place other than
the Owner's Property and which is not being carried by a 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 Dog or Cat;
Bylaw Enforcement Officer means a member of the Royal Canadian
Mounted Police, a Community Peace Officer whose appointment
includes enforcement of the Village's Bylaws, or a Bylaw Enforcement
Officer appointed by the Village;
Cat means a member of the species "Felis Catus" (commonly referred to
as the domestic cat or house cat), whether male or female, including any
hybrid offspring of that species;
Cat Trap means any device designed to trap and contain a Cat in a
humane manner without injuring or killing the Cat;
Chief Administrative Officer means the person appointed as Chief
Administrative Officer of the Village, or his or her designate;
Council means the municipal council of the Village of Marwayne;
Court means a court of competent jurisdiction in the Province of Alberta;
Village of Marwayne
Animal Control Bylaw No. 604-25
Dangerous Dog means:
a) any Dog designated as such in accordance Section 12 of this
Bylaw.
b) any Dog designated as such pursuant to the Dangerous Dogs Act.
Dangerous Dog Act means the Dangerous Dog Act, RSA 2000, Chapter D-
3, and regulations thereunder.
Designated Officer means a person appointed to that office pursuant to
Section 210 of the Municipal Government Act, or an authorized delegate
thereof;
Distress has the same meaning as in the Animal Protection Act;
Dog means a member of the species "Canis Lupus Familiaris" (commonly
referred toas the domestic dog), whether male or female, including any
hybrid offspring of that species;
Harness means straps and fittings that are of a suitable size and strength
that may be humanly attached to the chest and back of a Dog or Cat;
Land Use Bylaw means the Village's Land Use Bylaw, as amended or as
repealed and replaced from time to time;
License Tag means an identification tag of metal or other material issued
by the Village showing the license number of a specific Dog or Cat and is
intended to be attached to a Dog or Cat by way of a collar or Harness;
Livestock means those Animals that are normally associated with
agriculture or ranching, which includes, but is not limited to:
a) a horse, mule, ass, swine, emu, ostrich, camel, llama, alpaca,
sheep or goat,
b) domestically reared or kept deer, reindeer, moose, elk, or bison,
c) farm bred fur bearing Animals including foxes or mink,
d) cattle and other Animals of the bovine species, and
e) chickens, turkeys, ducks, geese, or pheasants,
but does not include Dogs and Cats.
Motor Vehicle has the same meaning as in Traffic Safety Act, RSA 2000,
Chapter T-6 and the regulations thereunder;
Municipal Government Act means the Municipal Government Act, RSA
2000, Chapter M-26 and the regulations thereunder;
Municipal Tag means a tag or similar document issued by the Village
under the Municipal Government Act that alleges a bylaw offence and
provides a Person with the opportunity to pay an amount to the Village in
lieu of prosecution for the offence;
Village of Marwayne
Animal Control Bylaw No. 604-25
Muzzle means a humane fastening or covering device of adequate
strength placed over the mouth of a Dog to prevent it from biting;
Owner means a Person:
a) who has the care, charge, custody, possession or control of an
Animal;
b) who owns or claims a proprietary interest in an Animal;
c) who harbours, suffers, or permits an Animal to be present on any
property owned or under his or her control;
d) who claims and receives an Animal from the custody of the
Animal Shelter or a Bylaw Enforcement Officer; or
e) to whom a license Tag was issued for a Dog or Cat in accordance
with this Bylaw; and
where one of two or more Persons, with the knowledge and consent of
the other or others, has physical or effective control of an Animal, the
Animal shall be deemed to be in the control of each and all of them.
Owner's Property means private property owned by or under the control
or possession of an Owner of an Animal;
Person means any individual, firm, partnership, association, corporation,
trustee, executor, administrator or other legal representative;
Public Health Act means the Public Health Act, RSA 2000, Chapter P-37
and the regulations thereunder;
Provincial Offences Procedure Act means the Provincial Offences
Procedure Act, RSA 2000, Chapter P-34 and the regulations thereunder;
Registered Veterinarian has the same meaning as in the Veterinary
Professions Act, RSA 2000, Chapter V-2;
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 Owner's Property, capable of
retaining an Animal within the boundaries of the Owner's Property;
Secure Enclosure means a building, cage, fenced area or other enclosure
for retaining an Animal and which prohibits an Animal from 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;
Serious Wound means an injury resulting from an Animal attack which
causes a breaking of the skin or the flesh to be torn;
Service Dog has the same meaning as in the Service Dogs Act, SA 2007,
Chapter S-7.5 and regulations thereunder;
Village means the Village of Marwayne and its jurisdictional boundaries;
and
Village of Marwayne
Animal Control Bylaw No. 604-25
Violation Ticket has the same meaning as in the Provincial Offences
Procedure Ac
2. RULES OF INTERPRETATION
2.1 THAT nothing in this Bylaw relieves a Person from complying with any
provision of any Provincial or Federal legislation or regulation, other
bylaw or any requirement of any lawful permit, order or license.
2.2 THAT any heading or sub-headings in this Bylaw are included for
guidance purposes and convenience only, and shall not form part of
this Bylaw.
2.3 THAT this Bylaw is gender-neutral and, accordingly, any reference to
one gender includes another.
2.4 THAT every provision of this Bylaw is independent of all other provisions
and if any provision of this Bylaw is declared invalid for any reason by
a Court of competent jurisdiction, all other provisions of this Bylaw shall
remain valid and enforceable.
2.5 THAT any reference to the provisions of a statute of Alberta or another
bylaw is a reference to that statute or bylaw as amended, or
repealed and replaced from time to time.
2.6 THAT Bylaw No. 557-17 be repealed.
3. REQUIREMENT TO LICENSE
3.1 THAT every Person who resides within the Village and who is the Owner
of a Dog or Cat that is over the age of three (3) months shall apply for a
license as set out in this Part, by:
a. paying the required license fee as set out in Schedule "A" of
this Bylaw; and
b. providing the following information:
i. the name, telephone number and Street and rural
address of the Owner;
ii. the name of the Dog or Cat to be licensed;
iii. a description of the Dog or Cat to be licensed;
iv. the breed or breeds of the Dog or Cat to be licensed;
and
v. such further information as may be required by the
Village.
3.2 THAT every Person who resides in the Village who becomes an Owner
of a Dog or Cat that is over the age of three (3) months, or who takes
up residence within the Village and who is the Owner of a Dog or Cat
that is over the age of three (3) months, shall apply for a license as set
out in this Part, within thirty (30) days of becoming the Owner of such
Dog or Cat or of taking up residence in the Village.
Village of Marwayne
Animal Control Bylaw No. 604-25
3.3 THAT upon payment of the required license fee as set out in Schedule
"A" to this Bylaw and providing the information required pursuant to
section 4(1)(b), the Owner will be supplied with a license Tag having a
number which will remain registered to that Dog or Cat.
3.4 THAT a license under this Bylaw, must be renewed on an annual basis
by paying the applicable license fee to the Village office prior to
March 1 in each year. Any Person who fails to renew a license within
this time limit is guilty of an offence.
3.5 THAT 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.
3.6 THAT the onus of proving a Person has a valid and subsisting license is
on the Person alleging its existence.
3.7 THAT no Person is entitled to a refund or a rebate for any license fee.
3.8 THAT an Owner of an unlicensed Dog or Cat is guilty of an offence.
4. TRANSFERABILITY, POSSESSION OF LICENSE TAG
4.1 THAT a license issued under this Bylaw is not transferable from one Dog
or Cat to another, nor from one Owner to another. Page 6 of 22
4.2 THAT Every Owner shall ensure that the license Tag is securely fastened
to a collar or Harness worn by the Dog or Cat at all times while the
Dog or Cat is off of the Owner's Property.
4.3 THAT An Owner of a licensed Dog or Cat is guilty of an offence if the
Dog or Cat is not wearing a license Tag while off of the Owner's
Property
5. EXEMPTIONS FROM LICENSING REQUIREMENT
5.1 THAT the provisions of this Part shall not apply to the following:
a. Owners of Dogs or Cats temporarily visiting the Village for a
period not exceeding four (4) consecutive weeks;
b. Not-for-profit associations, not-for-profit corporations and
government organizations engaged in the provision of
specialized Dog services, including but not limited to, Service
Dogs, police Dogs, or search and rescue Dogs;
c. Persons holding an identification card proving ownership of a
Service Dog for their use; and
d. Dogs and Cats under three (3) months in age.
Village of Marwayne
Animal Control Bylaw No. 604-25
6. NUMBER OF DOGS AND CATS
6.1 THAT subject to subsection (2),
a. no more than three (3) Dogs and three (3) Cats or
combination thereof, to a maximum of three (3) Animals in
total, shall be harboured, suffered or permitted to remain upon
or in any land, house, shelter, room or place, building structure,
or property within the Village; and
b. notwithstanding subsection (a), no more than one (1)
Dangerous Dog shall be harboured, suffered or permitted to
remain upon or in any land, house, shelter, room or place,
building structure, or property within the Village.
6.2 THAT the restrictions in subsection (1) shall not apply where:
a. the property is lawfully used for the care and treatment of
Animals, operated by or under the charge of a Registered
Veterinarian;
b. the Owner is the holder of a valid and subsisting
development permit which authorizes the keeping of Dogs
or Cats in excess of the applicable limit established in
subsection (1);
c. the Dogs or Cats in excess of the limit are under three (3)
months of age and are the offspring of a licensed Dog or
Cat residing at the same location;
d. 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; or
e. the Owner whose Dog or Cat is in excess of the limit is
temporarily visiting a resident of the Village for a period not
exceeding four (4) consecutive weeks
6.3 THAT any Person who keeps, suffers or harbours more than the
permitted number of Dogs or Cats in a manner contrary to this Part is
guilty of an offence
7. LIVESTOCK
7.1 THAT no Person shall keep, harbor, suffer or permit to be kept any
Livestock upon or in any land, house, shelter, room or place, building
structure, or property within the Village unless the keeping of the
Livestock on the premises in question is expressly permitted by a valid
development permit issued pursuant to the Land Use Bylaw.
7.2 THAT any Person who keeps Livestock in the Village in a manner
contrary to subsection (1) is guilty of an offence.
Village of Marwayne
Animal Control Bylaw No. 604-25
8. RABBITS
8.1 THAT no Person shall keep harbor, suffer or permit to be kept any
rabbit or hare upon or in any land, house, shelter, room or place,
building structure, or property within the Village unless the keeping of
rabbits or hares on the premises in question is expressly permitted by a
valid development permit issued pursuant to the Land Use Bylaw
8.2 THAT any Person who keeps a rabbit or hare in the Village in a manner
contrary to subsection (1) is guilty of an offence.
9. CONTROL AND NOISE
9.1 THAT an Owner whose Dog or Cat is At Large is guilty of an offence.
9.2 THAT the Owner of a Dog or Cat that barks, howls, or otherwise makes
such noise so as to, in the opinion of a Bylaw Enforcement Officer,
likely disturb the peace of any Person, is guilty of an offence.
9.3 THAT an Owner whose Dog or Cat enters into a public bathing,
swimming or wading pool is guilty of an offence.
9.4 THAT the Owner of a Dog or Cat that threatens, attacks, bites, injures
or otherwise harasses any Person is guilty of an offence.
9.5 THAT the Owner of a Dog or Cat that threatens, attacks, bites, chases,
injures or otherwise harasses any other Animal is guilty of an offence.
9.6 THAT the Owner of a Dog or Cat that chases a Motor Vehicle, Person
on a bicycle, Person on horseback or Person that is walking or running
is guilty of an offence.
9.7 THAT the Owner of a Dog or Cat that causes damage to property is
guilty of an offence.
9.8 THAT any Person, who without the knowledge or consent of the
Owner, unties, loosens or otherwise frees a Dog or Cat that was tied or
otherwise restrained, or opens a gate, door or opening in a fence or
Secure Enclosure in which a Dog or Cat has been confined, thereby
allowing the Dog or Cat to be At Large, is guilty of an offence.
9.9 THAT any Owner issued a license under this Bylaw is guilty of an
offence if they fail to abide by the conditions of the license.
Village of Marwayne
Animal Control Bylaw No. 604-25
10. HYGIENE AND NUISANCES
10.1
THAT where a Dog or Cat has defecated on any property other
than the Owner's Property, the Owner shall remove such defecation
immediately and failure to do so shall constitute an offence.
10.2
THAT an Owner's Property shall be maintained in a clean and
sanitary condition and an Owner shall take such steps as are
necessary to prevent the presence of nuisances, including but not
limited to:
10.3
THAT the accumulation of fecal matter in an amount which, in the
opinion of a Bylaw Enforcement Officer, is excessive; and
10.4
THAT offensive or noxious odours arising as a consequence of the
keeping of a Dog or Cat on the Owner's Property.
10.5
THAT an Owner who fails to maintain property in accordance with
subsection (2) is guilty of an offence.
10.6
THAT an Owner of a female Dog or Cat in estrus (also known as
being "in heat") who does not contain or restrain that Dog or Cat,
both on and off the Owner's property, in a manner sufficient to avoid
attracting other Animals, is guilty of an offence.
11. CARE
11.1
THAT any Person who teases, torments, provokes, abuses, or injures
an Animal is guilty of an offence.
11.2
THAT any Person who leaves a Dog or Cat unattended in or on a
Motor Vehicle, without proper protection from the elements or in a
manner that places the Dog or Cat at risk of harm, is guilty of an
offence.
11.3
THAT any Person who fails to properly secure a Dog or Cat, inside
or on a Motor Vehicle while it is in motion or while it is parked to ensure
that the Dog or Cat is unable to fall out of or leave the Motor Vehicle,
is guilty of an offence.
11.4
THAT the Owner of a Dog or Cat that has been left unattended
outdoors for a period in excess of 24 consecutive hours is guilty of an
offence.
12. DECLARATION OF DANGEROUS DOG
12.1 THAT the Chief Administrative Officer may declare a Dog to be a
Dangerous Dog if the Chief Administrative Officer has reasonable grounds
to believe, either through personal observation or on the basis of facts
determined after an investigation of a complaint, that the Dog:
Village of Marwayne
Animal Control Bylaw No. 604-25
a. has a known propensity, tendency, or disposition to threaten,
attack, chase or bite, without provocation, other Animals or
humans;
b. has, inflicted a Serious Wound upon another Animal or human;
c. has been the subject of an order or direction of a Justice or
Judge, pursuant to the Dangerous Dogs Act; or
d. is a continuing threat of serious harm to any human or other
Animal.
12.2
THAT where the Chief Administrative Officer determines that a Dog
is a Dangerous Dog, he shall:
a. serve the Owner with a written notice that the Dog has been
declared to be a Dangerous Dog;
b. direct the Owner to keep the Dangerous Dog in accordance
with the provisions of section 16 of this Bylaw, and provide the
Owner with a time limit for compliance; and
c. inform the Owner that, if the Dangerous Dog is not kept in
accordance with section 16 of this Bylaw, the Owner may be
fined, or subject to enforcement action pursuant to this Bylaw.
12.3
THAT a written notice under subsection (2) above shall include a
summary of the applicable provisions regulating Dangerous Dogs
under this Bylaw.
13. REVIEW OF DECLARATION
13.1
THAT the Owner of a Dog declared a Dangerous Dog pursuant to
section 12.1 may, within fourteen (14) days of receiving written notice
of the declaration, request in writing and upon payment of the fee as
set out in Schedule "A" to this Bylaw that the declaration be reviewed
by Council. Council is not obligated to conduct an oral hearing of the
review and may instead conduct the review based on written
material provided by the Chief Administrative Officer and the Owner.
13.2
THAT upon a request to review pursuant to subsection (1), Council
may:
a. uphold the declaration of the Dog as a Dangerous Dog;
b. reverse the decision of the Chief Administrative Officer and
deem that the Dog is not a Dangerous Dog; or
c. uphold the declaration of the Dog as a Dangerous Dog
and vary the conditions of harbouring the Dog within the
Village.
The decision of Council shall be provided to the Owner in writing within
fourteen (14) days of Council conducting the review and may be served
personally or by registered mail on the Owner, at the address appearing
on the Village's assessment roll for the Owner's Property.
Village of Marwayne
Animal Control Bylaw No. 604-25
14. RESTRICTED DOG
14.1
THAT for greater certainty, a Restricted Dog is deemed to be a
Dangerous Dog, regardless of whether a declaration has been made
pursuant to Section 12.1.
15. REQUIREMENTS OF AN OWNER OF A DANGEROUS DOG
15.1
THAT the Owner of a Dangerous Dog shall:
a. license the Dog as a Dangerous Dog and follow the
procedures set out in Section 15, which includes paying the
applicable fee for a Dangerous Dog as set out in Schedule
"A" of this Bylaw;
b. maintain in force a policy of liability insurance in a form
satisfactory to the Village 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 shall be issued for a
Dangerous Dog unless proof of such insurance coverage is
provided to the Village along with the application;
c. 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 the Owner
or a Person over the age of eighteen (18) years with the
Owner's consent;
d. while the Dangerous Dog is on the Owner's Property,
confine the Dangerous Dog within a Secure Enclosure or
within the residence of the Owner;
e. immediately notify a Bylaw Enforcement Officer if the
Dangerous Dog is At Large; and
f.
remain liable for the actions of their Dangerous Dog until
formal notification of sale, gift, or transfer is given to a
Bylaw Enforcement Officer.
15.2
THAT the Owner of a Dangerous Dog shall immediately notify the
Village 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 Village
receives written proof that a new insurance policy has been secured,
meeting the requirements of section 15.1(b), within fifteen (15) days of
the expiry, cancellation, or termination of the original policy of liability
insurance.
15.3
THAT the Chief Administrative Officer may require the Owner of a
Dangerous Dog to post a sign at all entrances to the Owner's
Property, and where so otherwise directed, stating "Dangerous Dog".
15.4
THAT an Owner who fails to comply with any provision in this Part is
guilty of an offence.
Village of Marwayne
Animal Control Bylaw No. 604-25
15.5
THAT where the owner of a Dangerous Dog is guilty of an offence
under Sections 9-11, the fine shall be double the amount indicated in
Schedule "B" of this Bylaw
15.6
THAT in addition to the remedies set forth elsewhere in this Bylaw, if
a Designated Officer determines that a Dangerous Dog is not being
kept in accordance with this Bylaw, the Designated Officer may:
a. 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 removed from the Village;
or
b. In Addition or in the alternative to the issuance of an order
under subsection a. above, bring an application pursuant
to the Dangerous Dogs Act for an order directing the
Dangerous Dog be kept in accordance with this Bylaw,
destroyed, or such other order as the Court directs.
16. DISEASE CONTROL
16.1
THAT the Owner of a Dog or Cat that has caused a Serious Wound,
or that the Owner has reason to suspect may have been exposed to
rabies or other communicable disease, shall, in addition to any other
duty imposed under the Public Health Act, immediately inform a
Bylaw Enforcement Officer:
a. of the infliction of the Serious Wound or the suspicion of
exposure to rabies or other communicable disease;
b. in the case of a Serious Wound, of the name and contact
information for the person that has been wounded or the
Owner of the Animal that has been wounded, as
applicable; and
c. whether the matter has been reported to the local
community health center, Public Health Inspector, or the
Medical Officer of Health.
16.2
THAT a Bylaw Enforcement Officer that has reasonable grounds to
believe that a Dog or Cat found At Large may have, or has been
exposed to, rabies or another communicable disease may confine
that Dog or Cat at an Animal Shelter, veterinary facility, or any other
location as directed by the Medical Officer of Health or a Public
Health Inspector.
16.3
THAT a Bylaw Enforcement Officer that has reasonable grounds to
believe that a Dog or Cat within the Village has, or has been exposed
to, rabies or another communicable disease shall report the matter to
the Medical Officer of Health or a Public Health Inspector as soon as
reasonably possible.
16.4
THAT An Owner of a Dog or Cat which is suffering from a
communicable disease shall:
Village of Marwayne
Animal Control Bylaw No. 604-25
a. not permit the Dog or Cat to be in any public
place; and
b. not keep the Dog or Cat in contact with or in
proximity to any other Animal.
16.5
THAT an Owner who fails to comply with any provision in Section 16
is guilty of an offence.
17. CAT TRAPS
17.1
THAT no person shall use a Cat Trap unless that Person has
received the prior written permission of the Village.
17.2
THAT no Person shall use a Cat Trap in a location where, during any
period of time that the Cat Trap is in use:
a. the temperature is, or is forecasted to be, colder
than zero (0) degrees Celsius, or
b. the Cat Trap is not fully shaded from sunlight.
17.3
THAT a Person using a Cat Trap must, at all times, be present at the
premises where the Cat Trap is being used, and must check the Cat
Trap no less frequently than once every eight (8) hours.
17.4
THAT a Person using a Cat Trap shall ensure that, at all times that
the Cat Trap is in use, there is sufficient cat food and water in the Cat
Trap to sustain a captured Cat.
17.5
THAT no Person shall taint Cat Trap bait, or any cat food and water
placed in a Cat Trap, with any potentially dangerous or poisonous
substance.
17.6
THAT section 21 applies to a Person who captures a Cat At Large
using a Cat Trap.
17.7
THAT a Person who fails to comply with any provision in Section 17
is guilty of an offence.
18. ENFORCEMENT AND IMPOUNDMENT
18.1
THAT a Bylaw Enforcement Officer is, in addition to any other
powers or authority granted under this Bylaw or any enactment,
authorized to:
a. capture and impound in an Animal Shelter any Dog
or Cat that is At Large;
b. take any reasonable measures necessary to
subdue any Dog or Cat that is At Large, including
the use of traps and tranquilizer equipment and
materials;
Village of Marwayne
Animal Control Bylaw No. 604-25
c. enter onto lands surrounding any building in pursuit
of a Dog or Cat while it is At Large; and
d. if a Dog or Cat is in Distress, whether or not as a
result of enforcement action taken pursuant to this
Bylaw, to take the Dog or Cat to a Registered
Veterinarian for treatment and, once treated, to
transfer the Dog or Cat to an Animal Shelter.
19. COSTS
19.1
THAT any expenses or costs of any enforcement action or measure
taken by the Village under this Bylaw, including but not limited to
payment of veterinary treatment, are amounts owing to the Village by
the Owner or any other Person responsible for the contravention of this
Bylaw, or any or all of them, and may be collected as a civil debt,
pursuant to the Municipal Government Act.
20. CONTINUING OFFENCES
20.1
THAT in the case of an offence that is of a continuing nature, a
contravention constitutes a separate offence in respect of each day,
or part of a day, on which it continues and a Person guilty of such an
offence is liable to a fine in an amount not less than that established
by this Bylaw for each such day
21. NOTIFICATION OF ANIMALS AT LARGE
21.1
THAT a Person who takes control of any Dog or Cat found At Large
shall immediately notify a Bylaw Enforcement Officer.
21.2
THAT a Person who takes control of any Dog or Cat found At Large
shall surrender same to the possession of the Bylaw Enforcement
Officer.
21.3
THAT a Person who fails to comply with subsection 21.1 and/or 21.2
is guilty of an offence.
22. IMPOUNDMENT
22.1
THAT Dogs and Cats impounded in the Animal Shelter shall be kept
for a minimum quarantine period of fourteen (14) days.
22.2
THAT notwithstanding subsection 22.1, where a Dog or Cat that
has been impounded bears obvious identification tattoos, brands,
marks, tags or licenses, the Dog or Cat shall be kept by the Animal
Shelter a minimum of 30 days from the date the Dog or Cat was
impounded, in accordance with Section 610 of the Municipal
Government Act.
Village of Marwayne
Animal Control Bylaw No. 604-25
23. RECLAIMING AN IMPOUNDED ANIMAL
23.1
THAT during the period established in section 22 above, the Dog or
Cat may be reclaimed by its Owner, except as otherwise provided in
this Bylaw, upon payment to the Village or its authorized agent of:
a. the impounded fee as established by the Animal
Shelter from time to time;
b. the cost of any veterinary treatment provided in
respect of the Dog or Cat pursuant to this Bylaw;
and
c. in the case of an unlicensed Dog or Cat, the
appropriate license fee.
23.2
THAT at expiration of the time period established in sections 25(1)
or 25(2) above, the Chief Administrative Officer is authorized to:
a. offer the Dog or Cat for sale or as a gift;
b. euthanize the Dog or Cat in a humane manner;
c. allow the Dog or Cat to be redeemed by its Owner in
accordance with the provisions of subsection 23.1
above; or
d. continue to impound the Dog or Cat for an indefinite
period of time or for such further period of time as the
Chief Administrative Officer, in his or her sole and
unfettered discretion, may decide.
24. EUTHANASIA
24.1
THAT where a Dog or Cat has been impounded, if, in the opinion
of a Registered Veterinarian, the Dog or Cat should be humanely
euthanized for medical reasons a Registered Veterinarian may
immediately proceed to humanly euthanize the Dog or Cat.
24.2
THAT 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 Dog or Cat, in accordance with the provisions of this
Bylaw.
25. FINES AND PENALTIES
25.1
THAT a Person who is guilty of an offence is liable upon summary
conviction to a fine in an amount:
a. not less than the specified penalty established in
Schedule "B"; and
b. not exceeding $10,000.00.
25.2
THAT without restricting the generality of subsection (1) above the
fine amounts set out in Schedule "B" are established as specified
penalties for use on Municipal Tags and Violation Tickets, if a voluntary
payment option is offered.
Village of Marwayne
Animal Control Bylaw No. 604-25
25.3
THAT notwithstanding subsection 25.1 of this Bylaw, any Person who
commits a second or subsequent offence under this Bylaw, within one
(1) year of conviction of a first offence under this Bylaw, is liable on
summary conviction to a fine not less than the increased amount set
out in Schedule "B" to this Bylaw.
25.4
THAT under no circumstances shall any Person contravening any
provision of this Bylaw be subject to a penalty of imprisonment.
26. MUNICIPAL TAG
26.1
THAT a Bylaw Enforcement Officer is hereby authorized and
empowered to issue a Municipal Tag to any Person whom the Bylaw
Enforcement Officer has reasonable and probable grounds to believe
has contravened any provision of this Bylaw.
26.2
THAT a Municipal Tag shall be issued and served to a Person:
a. Either personally;
b. Via email; or
c. By mailing a copy, via registered mail, to such
Person at their last known postal address.
26.3
THAT a Municipal Tag shall be in a form approved by the Chief
Administrative Officer and shall state:
a. the name of the Person to whom the Municipal Tag
is issued;
b. particulars of the contravention under this Bylaw;
c. the specified penalty for the offence as set out in
Schedule "B" herein;
d. that the specified penalty shall be paid within thirty
(30) days of the issuance of the Municipal Tag in
order to avoid prosecution; and
e. any other information as may be required by the
Chief Administrative Officer.
26.4
THAT a Municipal Tag has been issued under this Bylaw, the Person
to whom the Municipal Tag has been issued may, in lieu of being
prosecuted for the offence, pay to the Village the penalty specified
on the Municipal Tag.
26.5
THAT if a Municipal Tag has been issued and the specified penalty
on the Municipal Tag has not been paid within the prescribed time, a
Bylaw Enforcement Officer may issue a Violation Ticket to the Person
to whom the Municipal Tag was issued.
26.6
THAT notwithstanding from above, a Bylaw Enforcement Officer
may immediately issue a Violation Ticket to any Person whom the
Bylaw Enforcement Officer has reasonable and probable grounds to
believe has contravened any provision of this Bylaw.
Village of Marwayne
Animal Control Bylaw No. 604-25
27. VIOLATION OF TICKET
27.1
THAT a Bylaw Enforcement Officer is hereby authorized and
empowered to issue a Violation Ticket pursuant to the Provincial
Offences Procedure Act to any Person who the Bylaw Enforcement
Officer has reasonable and probable grounds to believe has
contravened any provision of this Bylaw.
27.2
THAT if a Violation Ticket is issued in respect of an offence, the
Violation Ticket may:
a. state the specified penalty for the offence as set
out in Schedule "B" herein; or
b. require a Person to appear in Provincial Court
without the alternative of making a voluntary
payment.
27.3
THAT a Person who commits an offence may:
a. if a Violation Ticket is issued in respect of the
offence; and
b. if the Violation Ticket states the specified
penalty established by this Bylaw for the
offence, as set out in Schedule "B" herein;
make a voluntary payment by submitting to a Clerk of the
Provincial Court, on or before the initial appearance date
indicated on the Violation Ticket, the specified penalty set out on
the Violation Ticket.
27.4
THAT when a Clerk of the Provincial Court records the receipt of a
voluntary payment pursuant to subsection 27.3 above and 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.
28. REMEDIES NOT RESTRICTED TO BYLAW
28.1
THAT a Bylaw Enforcement Officer may pursue any and all
remedies set out in this Bylaw, the Municipal Government Act and any
other law in the Province of Alberta. Nothing in this Bylaw shall restrict,
limit or preclude the Village from taking multiple steps to regulate
Animals in the Village.
29. OBSTRUCTION
29.1
THAT no Person shall obstruct, hinder or impede any Bylaw
Enforcement Officer, Designated Officer, or Village employee,
contractor or agent in the exercise of any of their powers or duties
under this Bylaw.
Village of Marwayne
Animal Control Bylaw No. 604-25
30. POWERS OF CHIEF ADMINSTRATIVE OFFICER
30.1
THAT without restricting any other power, duty or function granted
by this Bylaw, the Chief Administrative Officer may:
a. Establish investigation and enforcement procedures
the purposes of this Bylaw;
b. Establish forms for the purpose of this Bylaw;
c. Delegate any powers, duties, or functions under the
Bylaw to an employee of the Village.
31. VICARIOUS LIABILITY
31.1
THAT for the purposes of this Bylaw, an act or omission by an
employee or agent of a Person is deemed also to be an act or
omission of the Person if the act or omission occurred in the course of
the employee's employment with the Person, or in the course of the
agent's exercising the powers or performing the duties on behalf of
the Person under their agency relationship.
32. CORPORATIONS AND PARTNERSHIPS
32.1
THAT when a corporation commits an offence under this Bylaw,
every principal, director, manager, employee or agent of the
corporation who authorized the act or omission that constitutes the
offence or assented to or acquiesced or participated in the act or
omission that constitutes the offence is guilty of the offence whether
or not the corporation has been prosecuted for the offence.
32.2
THAT if a partner in a partnership is guilty of an offence under this
Bylaw, each partner in that partnership who authorized the act or
omission that constitutes the offence or assented to or acquiesced or
participated in the act or omission that constitutes the offence is guilty
of the offence.
33. STRICT LIABILITY OFFENCE
33.1
THAT an offence under this Bylaw is a strict liability offence.
34. REPEAL
34.1
THAT Bylaw 557-17 is hereby repealed.
SHOULD any provision of this Bylaw be determined to be invalid, then such provisions shall be
severed and the remaining bylaw shall be maintained.
This Bylaw shall come into force and effect upon receiving third and final reading and having
been signed by the Mayor and Chief Administrative Officer for the Village of Marwayne.
READ A FIRST TIME IN COUNCIL THIS 24th DAY OF FEBRUARY, 2025.
Village of Marwayne
Animal Control Bylaw No. 604-25
READ A SECOND TIME IN COUNCIL THIS 24TH DAY OF FEBRUARY, 2025
READ A THIRD TIME IN COUNCIL AND FINALLY PASSED THIS 24TH DAY OF FEBRUARY, 2025.
_____________________________
Chris Neureuter, Mayor
_____________________________
Shannon Harrower, CAO
Village of Marwayne
Animal Control Bylaw No. 604-25
Schedule "A" - Fees
Lifetime License Fee
$40.00
Dangerous Dog License Fee
$60.00
Impound Fee
Cost as set by the Animal Shelter
Veterinary Fees
Actual costs incurred by the Village
Euthanization Fees
Actual costs incurred by the Village
Animal Shelter Fees
Actual costs incurred by the Village
Transportation Fees
$200.00
Village of Marwayne
Animal Control Bylaw No. 604-25
Schedule "B" - Penalties
PENALTY
MUNICIPAL TAG
First Offence
$100.00
Second Offence
$200.00
Third or Subsequent Offence
$400.00
VIOLATION TICKET
First Offence
$150.00
Second Offence
$300.00
Third or Subsequent Offence
$450.00