This is the exact embedded text of the captured official document.
Snapshot e39468eab95d · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
1
Town of McLennan
Animal Control Bylaw No. 2015-07
A BYLAW OF THE TOWN OF McLENNAN, IN THE PROVINCE OF ALBERTA, FOR THE
PURPOSE OF REGULATING AND CONTROLLING DOMESTIC ANIMALS IN THE CORPORATE
LIMITS OF THE TOWN OF McLENNAN.
Whereas, pursuant to section 7(a) of the Municipal Government Act, a council may pass bylaws for
municipal purposes respecting the safety, health and welfare of people and the protection of people and
property; and
Whereas, pursuant to section 7(h) of the Municipal Government Act, a council may pass bylaws for
municipal purposes respecting wild and domestic animals and activities in relation to them; and
Whereas, pursuant to section 7(i) of the Municipal Government Act, a council may pass bylaws for
municipal purposes respecting the enforcement of bylaws made under the Municipal Government Act or
any other enactment including any or all of the matters listed therein; and
Whereas, pursuant to section 8 of the Municipal Government Act, a council may in a
bylaw:
(a) regulate or prohibit; and
(b) provide for a system of licences, permits or approval including any or all of the
matters listed therein.
NOW, THEREFORE, the Council of the Town of McLennan duly assembled enacts as follows:
TITLE
1.
This Bylaw may be cited as "The Animal Control Bylaw".
DEFINITIONS
2.
In this Bylaw, unless the context otherwise requires:
(a) Animal Control Officer - means a Peace Officer appointed by the Town of McLennan, a
member of the Royal Canadian Mounted Police or a Fish and Wildlife Officer or a Sheriff or
the Chief Administrative Officer of the Town or his delegate to enforce the provisions of this
Bylaw.
(b) At Large - means off the premises of the owner or harbourer and not on a leash held by a
person able to control the animal.
(c) Cat - means male or female of the feline family.
2
(d) Chief Administrative Officer - means the Chief Administrative Officer for the Town of
McLennan or his delegate.
(e) Council - means the council of the Town of McLennan.
(f) Dangerous Dog - means any dog that attacks a person or other animal, causing serious
physical injury or death, or a dog that the animal control officer determines on reasonable
grounds to be a dangerous dog, either through personal observation or on the basis of facts
determined after an investigation initiated by a complaint.
(g) Dog - means either male or female of the canine family.
(h) Domestic Animal - means an animal and without restricting the generality of the foregoing,
shall include a dog, cat, swine, equine, bovine, ruminant, skunk, rabbit, ferret and pigeon.
(i) Kennel - means an establishment run by any person, group of person or corporation engaged
in the business of breeding, buying, selling, training or the boarding animals of any kind.
(j) Livestock - means such animal that has domesticated for agricultural use or pets including
but not limited to; horse, cattle, chicken, sheep, swine, rabbit, goat, or mule but does not
include dogs or cats.
(k) Nuisance Dog - means any dog that has been the subject of three or more convictions within
the previous three years for any combination of the following offences under this bylaw:
i)
excessive barking
ii)
defecation
iii)
off property of owner
(l) Offence Ticket - means a document that is a Municipal Violation Ticket issued on behalf of
the Town of McLennan pursuant to the Municipal Government Act, R.S.A. 2000, c. M-26.
(m) Owner - means:
i)
a person who has the care, charge, custody, possession or control of the animal;
ii)
a person whom owns or who claims any proprietary interest;
iii)
a person who harbours or permits an animal to be present on any property owned
or under his control;
iv)
a person to whom is named on a license
3
(n) Peace Officer - means a Bylaw Enforcement Officer, an Animal Control Officer or a Peace
Officer as defined by the Peace Officer Act, S.A. 2006, c. P-3.5, as amended or a Police
Officer as defined by the Police Act, R.S.A. 2000 c. P-17., as amended.
(o) Pound - means a place designated by Council as a place where dogs and other animals may
be placed and kept impounded.
(p) Service Dog - means a dog trained as a guide for a person who requires the assistance of a
"seeing eye dog", "seizure dog", "hearing dog" or "quadriplegic dog".
(q) Tag - means a numbered metal tag issued by the Town to the Owner of a dog or cat when the
Owner obtains a Licence from the Town.
(r) Threaten - means to show an intention to do harm.
(s) Town - means the Town of McLennan.
(t) Violation Ticket - means a violation ticket issued pursuant to the Provincial Offences
Procedures Act, R.S.A 2000 c. P-34, as amended.
LICENSING
3.1
No person shall own or keep any cat or dog within the Town unless such cat or dog is
licensed as provided in this Bylaw.
3.2
Every owner of a cat or dog over the age of six (6) months shall within fifteen (15) days
of taking upon residence within the Town or becoming the owner obtain a license for
each cat or dog.
3.3
The Owner shall provide the following information with each application to obtain a
license:
(a) name, mailing address, street address and phone number of the owner;
(b) a description of the cat or dog, including breed, name, gender and age;
(c) document for proof of neutering or spaying (to benefit from the reduced license fee);
(f) photo of the cat or dog.
3.4
The owner shall be supplied with a tag stamped with a number and a receipt for payment
of the license fee when a license is issued.
4
3.5
The owner of a cat or dog shall ensure that the cat or dog wears a collar to which is
attached a valid license tag whenever the cat or dog is off the premises of the owner.
3.6
The permanent license tag is not transferable from one dog or cat or another or from one
owner to another.
3.7
A permanent license tag shall be valid for the life of the dog or cat, until the dog or cat no
longer resides in Town.
3.8
If said license tag is not associated with current ownership and animal information, it
shall be deemed invalid.
LICENSE FEES
4.1
The permanent Licence fee for a dog or cat that is either spayed or neutered is set out in
Schedule A.
4.2
Where a dog or cat tag issued pursuant to the provisions of this by-law has been lost, or
destroyed, the owner may be issued a new dog tag upon payment of the replacement fee
as set out in Schedule A.
LIMIT ON DOGS,
AND CATS
5.1
No person shall keep or have more than a maximum of three (3) animals older than six
(6) months of which a maximum of two (2) animals can be Dogs at one and the same
time, in any house, shelter, room, property or place within the Town.
5.2
Section 5.1 shall not apply to:
(a) any premises that may be used for the purpose of a dog or cat show;
(b) to any veterinary clinic;
(c) when an organization is offering a recognized training or obedience class for
training dogs or cats, or
(d) any person in possession of a valid business license to operate a "Pet Store"
or "Animal Grooming Parlor" as long as said person adheres to said Business
license conditions.
5.3
No person shall operate a kennel in any residential district in the Town.
5
5.4
Provided that an owner with three (3) dogs is licensed in accordance with Animal Control
By-Law 2005-05 prior to this bylaw coming into force, an owner with three (3) licensed
dogs will be grandfathered in for the life of the licensed dogs.
5.5
Section 5.4 shall not apply if the town receives two written complaints within a one year
period of an owner who contravenes any provisions of this Bylaw.
5.6
Any person who receives Notice pursuant to section 5.5 stating that they are to reduce the
number of dogs they own to two(2) may appeal to Town Council within 14 days of
receiving the notice by delivering an Appeal Notice in person or sending it by mail to:
Town of McLennan
Administration Office
19 - 1st Avenue NW
PO Box 356
McLennan, AB T0H 2L0
Town Council may confirm or cancel the Notice to reduce the number of dogs. Prior to
making a decision Council will review the number of years the dog has been in the Town
of McLennan, any compliance issues on file or any other relevant information.
The Town must serve written notice of Town Council's decision by delivering the notice
or sending it by mail to the Appellant and the Owner.
RESPONSIBILITIES OF ALL DOG AND CAT OWNERS
EXCESSIVE
BARKING
6.1
No owner or any other person having care or control of a dog or cat shall permit the cat
or dog to bark or howl so as to create a nuisance.
6.2
The factors in determining whether barking or howling has become a nuisance are as
follows:
(a) proximity of the property where the dog or cat resides;
(b) duration of the barking or howling;
(c) time of day or night the barking or howling occurs and day of the week;
(d) the land use, nature and zoning of the area from which the barking or howling
emanates and the area where it is received or perceived;
(e) whether the barking or howling is recurrent, intermittent or constant.
6.3
The following acts are deemed nuisance barking or howling violations of this Bylaw:
6
(a) in residential districts, barking or howling between the hours of 11 p.m. and 6
a.m. on a weekday, and 11 p.m. and 8 a.m. on a Sunday or statutory holiday
which persists for a period of 10 consecutive minutes or longer; and
(b) in residential districts, barking or howling between the hours of 11 p.m. and 6
a.m. on a weekday, and 11 p.m. and 8 a.m. on a Sunday or statutory holiday
which persist, intermittently, for a period of one hour of longer.
DEFECATION
7.1
If a dog or cat defecates on any public or private property other than the property of its
owner, the owner shall cause such feces to be removed immediately.
7.2
Guide Dogs utilized by a person who is legally blind are exempt from section 7.1.
7.3
When a dog or cat defecates on its Owner's property to the extent that excessive smell
results, the Owner shall immediately remove the defecation on notice of a Peace Officer,
or Animal Control Officer or Health Authority having jurisdiction.
CATS AND DOGS
AT LARGE
8.1
No owner of a cat or dog shall permit the cat or dog to be at large within the Town.
8.2
The Owner or any other person having care or control of a dog or cat shall, at all times
when it is off the property of the Owner:
(a) ensure that the animal was under a person competent to control it all times
when it is off the property of the owner ; and
(b) held on a leash not exceeding two metres in length.
8.3
No Owner shall permit his or her cat or dog to damage public property areas.
ATTACKS
9.1 The Owner or any other person having care or control of a dog or cat shall ensure it does
not:
(a) damage property;
(b) threaten to chase, attack, or bite any person or animal; or
(c) chase, attack or bite any person or animal causing physical injury.
9.2
This section does not apply if the chase, attack, bite or damage is a direct result of the
dog or cat being provoked.
9.3
An Animal Control Officer may seize and impound any dog or cat alleged to have
seriously injured or killed a person or animal.
7
9.4
The Owner of any dog that bites a person shall promptly report the incident to the Animal
Control Officer and the dog may thereupon be quarantined for a period of 10 days at the
discretion of an Animal Control Officer and shall not be released from such quarantine
except by written permission of a Public Health Officer. At the discretion of the Animal
Control Officer, such quarantine may be on the premises of the Owner or at the Pound. In
the case of a dog whose ownership is not known, such quarantine shall be at the Pound.
9.4
The Peace Officer or Animal Control Officer may make a complaint pursuant to the
Dangerous Dogs Act for an Order directing that such Dog be controlled or destroyed.
DANGEROUS
DOGS
10.1
Where a dog is deemed to be dangerous pursuant to the provisions of the Dangerous
Dogs Act, or to the provisions of this Bylaw the Owner of such dog shall:
10.2
The Owner of a Dangerous Dog shall have liability insurance specifically covering any
damages for personal injury caused by the Dangerous Dog in an amount not less than one
million dollars ($1,000,000) and shall provide proof of such insurance to the Chief
Administrative Officer annually.
10.3 The owner of a Dangerous Dog shall take all necessary steps to ensure that it does not
bite, chase or attack any human or other animal whether the animal is on the property of
the owner or not.
10.4 (a)
When a dog that has been declared a Dangerous Dog is on the premises of its
owner, it shall be kept confined indoors under effective control of a person over
the age of sixteen (16) years, or confined in a securely enclosed and locked pen,
or other structure constructed and secured in such a fashion as to prevent the
escape of the Dangerous Dog, and to prevent the entry of persons unauthorized
by the owner.
(b)
Any such pen shall have a secure top and sides and either:
(i) have a secure bottom effectively attached to the sides; or
(ii) the sides shall be embedded in the ground to minimum of thirty (30)
centimeters.
(c) When a Dangerous Dog is off the premises of the owner, it shall be securely
muzzled, and shall be either harnessed or leashed securely to effectively prevent
it from attacking or biting a human or other animal; provided that this
requirement shall not apply when the Dangerous Dog is in a building or
enclosure in attendance at a bona fide dog show, or confined in a pen meeting the
requirements of subsections (a) and (b).
8
10.5 (a)
The owner of a dog, which the owner knows or ought to know is a Dangerous
Dog, shall keep the Dangerous Dog in accordance with the provisions of section
10.3.
(b) If a Peace Officer determines on reasonable grounds that a dog is a Dangerous
Dog, either through personal observation or on the basis of facts determined after
an investigation initiated by a complaint, he may:
(i) give the owner a written notice that the dog has been determined to be a
Dangerous Dog.; and
(ii) require the owner to keep such dog in accordance with the provisions of
section 10.3 of this Bylaw upon the owner's receipt of the notice; and
(iii) inform the owner that if the Dangerous Dog is not kept in accordance with
section 10.3 of this Bylaw, the owner will be fined, or subject to enforcement
action under this bylaw.
(c)
Where the owner of a dog that has been determined to be a Dangerous Dog
produces information to the Town, that may alter a determination made under
subsection (b), the Town Chief Administrative Officer and the Peace Officer/s
involved shall, as soon as is reasonably possible, cause the matter to be reviewed
and make a final determination.
10.6
Provisions in this Bylaw which apply to Dangerous Dogs shall not apply to dogs owned
by a Police service solely by reason of any events or actions which occur while the dogs
are engaged in police work.
PROHIBITED ANIMALS
11.1
No person shall keep or have any livestock within the Town.
11.2
Animals in Town for parades or exhibitions, under the care and supervision of competent
persons are not subject to the provisions of this by-law, however they are to ensure that
such animals are tethered or penned and not running at large or they are in violation of
this by-law and subject to fine under this bylaw.
ENFORCEMENT
CAPTURE
AND IMPOUND
12.1 An Animal Control Officer is authorized to capture and impound a dog or cat found to be
at large or found to be in violation contrary to the provisions of this bylaw.
12.2
An Animal Control Officer may enter onto land for the purpose of observation,
investigation or enforcement of this Bylaw,
9
(a) after reasonable notice to the Owner or occupant of the land; or
(b) with the consent of the Owner or occupant of the land; or
(c) without reasonable notice or the consent of the Owner or occupant of
the land in the event the circumstances constitute emergency or
extraordinary circumstances.
12.3
No person, whether or not he or she is the Owner of a dog or cat which is being
or has been pursued or captured shall not:
(a) interfere with or attempt to obstruct any person or persons engaged in
enforcing any provisions of this Bylaw or who was attempting to
capture or who has captured any dog or cat in accordance with the
provisions of this Bylaw;
(b) unlock or unlatch or otherwise open the vehicle or device in which
dog or cat captured for impoundment have been placed, so as to allow
or attempt to allow any dog or cat to escape there from; or
(c) remove or attempt to remove any dog or cat from the possession of
the Animal Control Officer.
12.4
A dog or cat that is impounded may be redeemed within seventy-two (72) hours of the
time it was captured by its Owner upon payment to the Town of:
(a) the appropriate fine where applicable
(b) the appropriate license fee when a dog or cat is not licensed
(c) a per diem impounding fee, as established by this by-law for each and every
day said dog cat is confined.
12.4
Any dog or cat which is impounded under the bylaw which is not carrying a current valid
license on its body or is not redeemed within the seventy-two (72) hours of the time it
was captured is subject to immediate destruction or may be delivered to an Animal
Shelter for adoption purpose.
FINES AND
PENALTIES
13.1
Any person who contravenes any provision of this Bylaw is guilty of an offence and is
liable, upon summary conviction, to a fine as set out in Schedule B attached hereto.
13.2
A picture of the cat or dog at large will be taken and the cat or dog will be followed home
and the owner may be given a ticket providing for voluntary penalty as set forth in this
Bylaw, or the owner may be issued a fine via mail with a copy of the picture provided to
them.
10
13.3
The Animal Control Officer may issue a notice, commonly called an offence ticket, to an
Owner alleged to have committed an infraction of this Bylaw. The offence ticket shall
state the alleged offence and required payment of the appropriate fine as provided in
Schedule B attached hereto.
13.4
A penalty double the applicable fine as provided in Schedule B shall be levied against an
Owner who commits, for a second time any infraction of this Bylaw and for third and
subsequent offences the fine doubles from the previous infraction, providing that such
infractions are committed within one (1) year of the committing of the first infraction
regardless it is the same dog or domestic animal owned by the same person.
13.5
The offence shall be sufficiently served if served by:
a) registered mail addressed to the Owner of the Dog or Domestic Animal
concerned;
b) handing the offence ticket to the Owner of the Dog or Domestic Animal
concerned or to any adult at the place of residence of the said Owner.
13.6
Where an offence ticket is issued, pursuant to this Bylaw, the following procedures shall
apply:
(a) every offence ticket shall provide for the payment to be made to the Town of
McLennan within thirty (30) days from the date of issue of the offence ticket,
if payment is made within the time limit, such payment shall be accepted in
lieu of prosecution;
(b) if the penalty amount is not paid within thirty (30) days from the date of issue
of the offence ticket, the right of the person named on the offence ticket as a
violator of this Bylaw to pay the penalty amount in lieu of prosecution shall
expire.
(c) in those cases where an offence ticket has been issued and if the penalty
specified on an offence ticket has not been paid within the prescribed time,
then a Peace Officer is hereby authorized and empowered to issue a violation
ticket pursuant to Par II of the Provincial Offences Procedure Act, R.S.A.
2000, c. P-21.5 as amended.
(d) Animal Control Officer is hereby authorized and empowered to immediately
issue a violation ticket pursuant to Part II of the Provincial Offences
Procedure Act, R.S.A.2000, c. P-21-5, as amended, to any person who the
Animal Services Officer has reasonable grounds to believe has contravened
any provision of this Bylaw.
REPEAL
The Town of McLennan Bylaw #2005-05 and 2012-05 and any amendment thereto shall be
repealed upon passage of this Bylaw.
11
EFFECTIVE DATE
This Bylaw shall come into full force and effect on January 1, 2016.
BY-LAW NO. 2015-07 IS HEREBY GIVEN FIRST READING THIS 13TH DAY OF
OCTOBER, 2015
BY-LAW NO. 2015-07 IS HEREBY GIVEN SECOND READING THIS 13TH DAY OF
OCTOBER, 2015
BY-LAW NO. 2015-07 IS HEREBY GIVEN THIRD READING AND PASSED THIS 13TH
DAY OF OCTOBER, 2015
_______________________________________
MAYOR
_______________________________________
CHIEF ADMINSTRATIVE OFFICER
12
SCHEDULE "A"
LICENCE AND SERVICE FEES
ANIMAL CONTROL BYLAW # 2015-07
Permanent Dog Licence - Un-neutered
$40.00
Permanent Dog Licence - Neutered
$25.00
Permanent Cat License
$20.00
Replacement of Lost Licence Tag
$10.00
Impoundment Fee
$25.00 per day per animal
13
SCHEDULE "B"
SPECIFIED PENALTIES
ANIMAL CONTROL BYLAW # 2015 - 07
Offence
Penalty
Fail to obtain a valid Dog/Cat License
$100.00
Fail to ensure the license tag is worn
$100.00
Keep more than the maximum number of animal allowed
$20.00/animal/day
Operate kennel in residential district
$200.00
Allow a dog/cat to bark/howl excessively or otherwise disturb quiet
$100.00
Fail to immediately remove dog/cat defecation from public/private
property
$100.00
Fail to keep residence grounds clean/sanitary/inoffensive
$100.00
Allow dog/cat or other animal to damage public/private property
$100.00
Allow dog/cat or other animal chase/bite/attack a Person or other animal
$200.00
Allow dog/cat or animal to run at large
$100.00
Fail to confine Dangerous Dog when on the owner's premises
$300.00
Fail to muzzle or otherwise secure Dangerous Dog when off the
premises of the owner
$300.00
Unlawfully keep a Prohibited Animal
$200.00
Allow a Prohibited Animal to run at large
$200.00
Allow a dangerous dog to chase/bite/attack a Person or other animal
$1,000.00
Fail to obtain insurance for a Dangerous Dog
$1,500.00
Remove/attempt to remove a Dog from the Pound without consent
$800.00
Interfere with/attempt to obstruct a Peace Officer/Animal Control
Officer
$400.00