Responsible Pet Ownership Bylaw No. 5/2016

Morinville, Alberta

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TOWN OF MORINVILLE PROVINCE OF ALBERTA Responsible Pet Ownership Bylaw BYLAW 5/2016 A BYLAW OF THE TOWN OF MORINVILLE, IN THE PROVINCE OF ALBERTA, TO REGULATE AND CONTROL DOGS, CATS, AND DOMESTIC ANIMALS WITHIN THE CORPORATE LIMITS OF THE TOWN OF MORINVILLE. WHEREAS, the Municipal Government Act gives the Municipalities the power to enact bylaws and impose fines and penalties for infractions of their bylaws; AND WHEREAS it is desirable to pass a bylaw dealing with the licensing and regulation of animals in Morinville. NOW THEREFORE, the Municipal Council of Morinville, Alberta, duly assembled, hereby enacts as follows. 1.0 This Bylaw may be cited as the "Responsible Pet Ownership Bylaw". 2.0 DEFINITIONS 2.1 "Adjacent Property" means property that is contiguous to a particular parcel of land and includes land that would be contiguous if not for a highway, road, river or stream. 2.2 "Animal Control Officer" means a Bylaw Enforcement Officer appointed by the Town, a ) Community Peace officer, a regular member of the Royal Canadian Mounted Police, an independent contractor who is under contract with the Town to provide Bylaw Enforcement Services and is appointed by the Town to enforce this Bylaw. 2.3 "Animal Shelter" means premises designated by the Town for the impoundment and care of Animals and includes premises supplied by an independent contractor under contract with the Town to provide such premises. 2.4 "At Large" means where a dog/cat is at any place other than the owner's property or other permitted property is not being held by a leash. The dog/cat must remain under control regardless of the presence of a leash. 2.5 "CAO" means the Chief Administrative Officer (CAO) appointed by the Council of Morinville, Alberta or an employee of the municipality as designated by the Chief Administrative Officer. 2.6 "Dangerous Dog" means any dog the Town determines on reasonable grounds to be a danger to other persons or animals either through personal observation or on the basis of facts determined Q after an investigation. 2.7 "Dog" means a male or female domesticated animal of the Canidae Species commonly known as the Canine family. 2.8 "Domestic Animal" means an animal of species of vertebrates that has been domesticated by humans so as to live and breed in a tame condition and depend on humankind for survival. 2.9 "Leash" means a chain or other material designed for and adequate to control the dog/cat to which it is attached. 2.10 "License" means an animal License issued by the Town in accordance with the provisions of this Bylaw. 2.11 "Town" means the Municipality of Morinville. 2.12 "Muzzle" means a humane fastening or covering device of adequate strength over the mouth of an animal to prevent it from biting. O 2.13 "Non-domestic Animal" means any wild animal, reptile or fowl, which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics would constitute a danger to human life or property. ayor C'AO TOWN OF MORINVILLE PROVINCE OF ALBERTA Bylaw 5/2016 0 2.14 "Owner" means any natural person or body corporate; (a) who is the licensed owner of the animal; (b) who has legal title to the animal; fc) who has possession, custody, or care of the animal, either temporarily or permanently; (d) who harbors the animal, or allows the animal to remain on any property owned, occupied leased by him, or which is otherwise under his control; (e) a person who claims and receives a dog from the custody of the animal shelter or an animal control officer; 2.15 "Ownership Permit" a permit to allow for unique animal ownership of domestic and non-domestic animals as outlined by this bylaw. 2.16 "Serious Wound" means an injury to a human or animal resulting from the action of a dog which causes the skin to be broken or flesh to be torn. 2.17 "Unique Animal" means any domestic or non-domestic animal that is required to get a permit for ownership approval in accordance with this Bylaw. PART 1-- ANIMAL OWNERSHIP 3.0 ANIMAL OWNERSHIP RESTRICTIONS AND EXEMPTION PERMITS 3.1 No person shall own, possess or house any domesticated animal that is regularly or routinely kept outside of a dwelling house unless approved to do so by the Town (a) does not apply to domestic dogs. (b) does not apply to domestic cats. (c) does not apply to fish. 3.2 No person shall own, possess or house any non-domesticated animal in any part of any property unless approved to do so by the Town. 3.3 Any person may apply for an animal ownership permit and the Town may; (a) approve the ownership permit; fb) approve the ownership permit with mandatory conditions; (c) deny the ownership permit. O 3.4 The decision of the Town on an application for an animal ownership permit shall; (a) be in writing; (b) contain any conditions of approval or reasons for refusal (c) be immediately mailed or delivered to the applicant. 3.5 After the Town makes a decision to approve or conditionally approve an animal ownership permit, the Town shall: (a) issue a notice of decision to the applicant; (b) deliver or mail a written notice to adjacent property owners and to any others who in the Town's opinion may be affected. 3.6 The Town may revoke or cancel an ownership permit if: (a) the permit was issued on the basis of incorrect information or misrepresentation by the applicant; (b) the applicant fails to comply with the conditions of the ownership permit; (c) the applicant fails to comply with federal or provincial or municipal Bylaws; (d) complaints and resulting investigation received by the Town warrants revocation. 3.7 The person named on the permit is responsible to ensure all conditions of a permit are complied with. Failure to do so is deemed a violation of this Bylaw. -__--___ ayor AO TOWN OF MORINVILCE PROVINCE OF ALBERTA Bylaw 5/2016 PART 2- DOG & CAT OWNERSHIP 4.0 LICENSING/REGISTRATION 4.1 No person shall own or keep any dog within the Town unless such dog is registered as provided by this Bylaw. 4.2 No person shall own or keep any cat within the Town unless such cat is registered with the Town as provided by this Bylaw. 4.3 The owner of a dog or cat shall; (a) register the dog or cat the first day the Town Office is open for business after becoming owner of a dog or cat and being a resident of the Town (b) be over the age of eighteen (1$) years. 4.4 An Owner shall provide with each registration such information as may be required by the Town, and shall include but is not limited to; (a) name, street/physical address and postal address of the owner; Q (b) name, description, breed, gender and age of the dog/cat to be licensed; (c) such other relevant and necessary information as may be required by the Town in respect to the application. 4.5 The owner of a dog/cat shall immediately notify the Town of any change in information provided as part of the registration pursuant to this Bylaw. 4.6 If an owner of a dog/cat fails to report changes of information as provided as part of the application and the Town can no longer make contact with the owner the registration shall be deemed invalid. 4.7 No person shall provide false or misleading information when registering a dog/cat. 4.8 The Town shall consider all registration applications and may, at it's discretion; (a) require the applicant to submit such information as the animal control officer deems appropriate, including but not limited to information respecting the dog/cat, proposed controlled confinement of the dog/cat, the lands where the dog/cat is to be kept, availability and nature of insurance, a site plan of the lands, and the number of dogs/cats to be kept; 0 (b) reject the application to register; or (c) approve the application to register, with or without any conditions. 4.9 If the registration is approved, and the required registration fee is paid as set by this Bylaw, the owner will be supplied with a license tag which shall have a number registered to that dog or cat. 4.10 Registration tags are valid for the life of the dog/cat. Registrations are required to be renewed annually on or before January 31st of each calendar year as prescribed in this Bylaw. 4.11 The owner of a dog or cat which has been duly registered under this Bylaw may obtain a license tag to replace a tag which has been lost or damaged, upon payment of a fee as set by resolution this Bylaw. 4.12 A license issued under this Bylaw shall not be transferable from one dog/cat to another, nor from one owner to another. If the said license tag is not associated with current ownership or the dog/cat information, it shall be deemed invalid. 4.13 No person is entitled to a refund or a rebate for any registration fee paid unless otherwise provided in this Bylaw. or -_ LA TOWN OF MORINVILLE PROVINCE OF ALBERTA Bylaw 5/2016 4.14 The Town may revoke a registration if; a) the applicant fails to comply with the conditions of the registration; fb) the registration was issued on the basis of incorrect information or misrepresentation by the applicant; (c) the registration was issued in error; fd) the Owner breaches a provision of this Bylaw. 4.15 An applicant is responsible for and is not excused from ascertaining and complying with the requirements of any Federal, Provincial or other Municipal legislation, including the Town's Land- Use Bylaw. Where the keeping of the dog/cat would not comply with any Federal, Provincial or other Municipal legislation, the Town may refuse to register the dog/cat or revoke one that has been registered. 5.0 LIMIT ON DOGS/CATS AND HARBORING PERMITS 5.1 No person residing within the Town of Morinville shall keep or harbor more than three (3) dogs on any premises with a Municipal Address, unless such person is a valid holder of a subsisting harboring permit as provided by this Bylaw; (a) does not apply to licensed Veterinary Clinics; or, O (b) persons granted a development permit to operate a kennel within the Town in accordance with the Town of Morinville Land Use Bylaw as amended 5.2 No person residing within the Town of Morinville shall keep or harbor more than three (3) cats on any premises with a Municipal Address, unless such person is a valid holder of a subsisting harboring permit as provided by this bylaw. (a) subject to section 5.2 persons owning more than 3 cats before this bylaw is in effect shall be grandlathered and a harboring permit shall be issued if the harboring permit is applied for before December 31, 2017. (b) the owner of the cats subject to section 5.2 is responsible for proving that the cats were owned and residing at the subject property before this bylaw came into effect (c) The owner of the cats subject to section 5.2 is responsible for proving the age of the cats being applied for (U) subject to section 5.2 a harboring permit is still subject to this bylaw including revocation where conditions warrant (d) The harboring permit issued under section 5.2 shall only be for the cats owned and residing at the municipal address before this bylaw came into effect Q 5.3 Any person applying for a harboring permit shall be over the age of 18 and pay the non-refundable application fee as set by this Bylaw and: (a) own the property where the harboring permit pertains to or fb) have written permission from property owner if applicant is not the owner of the property where the harboring permit pertains to. 5.4 Applicants for a harboring permit shall provide information as may be required to the Town, including but not limited to; (a) number of dogs/cats to be harbored; (b) name, description, breed, gender and age of the dogs/cats to be harbored; (c) name, street/physical address and postal address of the property where the dogs/cats are to be harbored; (U) description and site plan of property where dogs/cats are to be harbored; (e) plans for controlled confinement/kenneling/storage of dogs/cats; (f) such other relevant and necessary information as may be required by the Town in respect to the application. 5.5 Applicants of a harboring permit may be required to have the property and dogs/cats being applied for inspected prior to having permit approved. 0 j61ayor 'AO 0 TOWN OF MORINVILLE PROVINCE OF ALBERTA Bylaw 5/2016 Q 5.6 The Town shall consider all applicants for a harboring permit and using its discretion may; (a) grant permit; (b) grant permit with conditions; or fc) deny permit. 5.7 The decision of the Town on an application for a harboring permit shall; (a) be in writing; (b) contain any conditions of approval or reasons for refusal (c) be immediately mailed or delivered to the applicant. 5.8 After the Town makes a decision to approve or conditionally approve a harboring permit, the Town shall; (a) issue a notice of decision to the applicant; (b) deliver or mail a written notice to adjacent property owners and to any others who in the Town's opinion may be affected. 5.9 The Town may revoke or cancel a harboring permit if: (a) the permit was issued on the basis of incorrect information or misrepresentation by the applicant; (b) the applicant fails to comply with the conditions of the harboring permit; (c) the applicant fails to comply with federal or provincial laws or Town Bylaws; (d) complaints and resulting investigation received by the Town warrants revocation. 5.10 To ensure relevancy all harboring permits expire January 31st of the following calendar year in which it was issued. 5.11 Persons issued a harboring permit in accordance with this Bylaw shall apply to renew the harboring permit and shall pay the applicable cost set by this Bylaw to the Town prior to harboring permit expiring. 5.12 Harboring permits are not transferable from one property to another or from one person to another. 5.13 Persons issued a harboring permit in accordance with this Bylaw shall notify the Town immediately of any changes to the harboring permit application information. 5.14 The person named on the permit is responsible to ensure all conditions of a permit are complied with. Failure to do so is deemed a violation of this Bylaw. 6.0 OWNER RESPONSIBILITY 6.1 The owner of a dog shall ensure that the registration tag issued pursuant to this Bylaw is worn at all times when the dog is off the property of the owner. 6.2 The owner of a cat shall ensure that the license tag issued pursuant to this Bylaw is worn at all times with the cat is off the property of the owner, does not apply to; (a) Cats with a legible and visible tattoo, or (b) Cats that are implanted with an active microchip 6.3 No person shall allow a dog/cat to run at large. (a) The owner of a dog/cat shall carry and produce on demand from an animal control officer a leash capable of controlling the dog/cat when in a designated off leash area. (b) The owner of a dog/cat shall properly attach and use the appropriate leash if directed to do so by an animal control officer. 6.4 No owner shall allow a dog/cat to excessively bark, howl, bawl, meow or make other noise 0 thereby disturbing any person. 0 TOWN OF MORINVI LIE PROVINCE OF ALBERTA Bylaw 5/2016 6.5 The Town may establish areas where dogs are not permitted; No owner shall allow a dog to be in an area where the presence of dogs is prohibited, regardless of whether or not such dog is at large. All recognized service dogs in the execution of their duties are exempt from this section and are permitted to enter prohibited areas. 6.6 An owner of a dog/cat shall ensure it does not; (a) bite, attack, threaten, harass, chase, or injure any person, or; (b) bite, attack, threaten, harass, chase, or injure any animal, or; (c) cause death to another animal or person, or; (U) bite or chase any vehicle, or; fe) allow a dog to cause damage to property within the Town. 6.7 If a dog/cat defecates on public or private property other then the owner's property, the owner shall cause such defecation to be removed immediately. 6.8 The owner of a dog shall carry and produce on demand from an animal control officer a bag or container capable of removing dog defecation at any time when the dog is off the property of the owner. 7.0 OFF-LEASH PARKS/AREAS 7.1 The Town may designate specific areas in Town to be an off leash park/area; when in a designated off leash park/area the owner of a dog shall; (a) ensure that their dog remains leashed until the dog is completely within the confines of the off leash park/area, (b) remain under control of the dog by voice or hand signals at all times, (c) have in their immediate possession a proper leash, (U) ensure that no dog under the age of 12 weeks be permitted to enter or remain in an off leash park/area, (e) ensure that their dog is wearing a collar, (f) ensure that their dog is displaying a valid license issued to it in accordance with this Bylaw, (g) ensure that their dogs vaccinations are current, (h) ensure that their dog is not left unattended, fi) ensure that If their dog defecates in an off leash park/area that such defecation is removed immediately and disposed of properly, (j) immediately remove any dog that initiated or is the aggressor of an altercation, (k) ensure that no female dogs currently in heat(estrus cycle) are permitted to be or remain in an off leash park/area, (I) not allow the destruction of property by a dog including digging, (m) ensure their dog does not chase any wildlife or any other animal. (n) abide by any other rules established and adequately posted by the town. 7.2 No owner shall allow a dog that has been declared dangerous in accordance with this bylaw, has previously bitten any person or animal, or is known to have aggressive behavior, to be in an off leash park/area. 7.3 An animal control officer may suspend off leash park privileges to any person, owner or dog who fails to follow this bylaw, established park rules or if upon observation of a dog the animal control officer is of the opinion that the dog will cause or continue to cause a nuisance within the off leash park/area. 7.4 The Town shall notify the person or owner in writing of any suspension of off leash park/area privileges. 7.5 No person or owner shall enter or allow a dog to enter an off leash park/area if off leash park/area privileges have been suspended or revoked. 0 0 TOWN OF MORINVILLE PROVINCE OF ALBERTA Bylaw 5/2016 8.0 REPORTING INCIDENTS/CONTROLLED CONFI NEMENT 8.1 A person who has received a serious wound or has otherwise been injured by an animal shall immediately report the incident to the Town. 8.2 The owner of an animal which has been killed or received a serious wound from an animal shall report the incident immediately to the Town. 8.3 When an animal has caused a serious wound or has killed another person or animal the owner of the animal causing the injury or death shall immediately report the incident to the Town. 2.4 An owner of a animal shall surrender the animal to an animal control officer immediately if deemed necessary by the animal control officer for a period not exceeding twenty one (21) days at the cost of the owner for an adequate observation period, if the animal; (a) bit, attacked, threatened or injured a person or any other animal, or; (b) inflicted a serious wound on any person or other animal, or; (c) caused death to a person or other animal. 8.5 After the observation period an animal control officer may place the animal under controlled confinement, which at the discretion of the animal control officer may be on the premises of the owner, a registered veterinarian or an animal shelter or any combination thereof as prescribed by the animal control officer for a time period prescribed by an animal control officer. 9.0 DANGEROUS DOGS 9.1 If an animal control officer determines on reasonable grounds that a dog is a dangerous dog, either through observation or on the basis of facts determined after an investigation initiated by a complaint, shall declare the dog to be dangerous and impose any conditions on the dog owner that may include any one or more of the following (a) requiting the dog be muzzled when off the property of the owner; (b) requiring that the dog be on a leash and held by a person eighteen(18) years of age or older when off the property; fc) requiring the owner of the dog to obtain, maintained and produce liability insurance specifically covering any damages for personal injury and property caused by the dangerous dog in an amount not less than two million dollars ($2,000,000) pet occurrence; (d) requiting that a dog owner microchip or tattoo the dog and produce the details and the dog for inspection and verification, as to positively identify the dog. fe) requiring the dog owner to house the dog in a secure, locked area that prevents the dog from getting out or unauthorized people from getting in. (1) requiring the dog owner to ensure that the dog does not damage property, chase, attack or bit a person or other animal; (g) prohibit the dog from being in an off-leash area or, fh) any other conditioned deemed appropriate by an animal control officer. 9.2 A dog that has been declared dangerous by the Province of Alberta, another province or any other municipality in any other jurisdiction using similar legislation shall be declared dangerous in accordance with this bylaw. 9.3 Where a dog has been declared dangerous by the Province of Alberta the owner of that dog shall provide a copy of the declaration to the Town and comply with any conditions as requited. The provincial conditions take precedence to conditions set out in this bylaw. 9.4 The owner of a dangerous dog shall notify the Town immediately if the dog is running at large. 9.5 The owner of a dangerous dog shall; (a) notify the Town should the dog become deceased, be sold, gifted, or transferred to another person; fb) remain liable for the actions of the dog until the Town has been properly notified. ayor 'AO 0 0 0 TOWN OF MORINVILLE PROVINCE OF ALBERTA Bylaw 5/2016 N 9.6 The Town shall notify the owner in a written notice that a dog has been declared dangerous and shall inform the owner of the conditions set out in this bylaw. 9.7 The owner of the dog declared dangerous pursuant to this bylaw shall obey and abide by all the conditions imposed pursuant to this bylaw. 10.0 IMPOUNDMENT AND RECLAIMING PROVISIONS 10.1 The owner of an impounded dog/cat may reclaim the dog/cat by: (a) paying all costs of impoundment to the Town; (b) where the dog/cat is requited to be registered under this Bylaw, shall register the dog/cat; and, fc) pay any cost of veterinary treatment deemed required by a registered veterinarian. 10.2 Where a dog/cat is claimed, the owner shall satisfy the Town with proof of ownership of the dog/cat prior to the dogs/cats release. 10.3 An impounded dog/cat(s) without proper identification shall be kept in the animal shelter for a period of seventy-two (72) hours. All impounded dogs/cats with proper identification shall be kept in the animal shelter for a period of seven (7) days. At the expiration of the impoundment period the Town is authorized to; (a) offer the dog/cat for sale, (b) destroy the dog/cat in a humane manner, (c) continue to impound the dog/cat for an indefinite period of time or for such further period of time as the Town may decide. (U) gift the dog/cat to the animal shelter or other recognized humane society for their disposal. 10.4 The Town may before selling an unclaimed dog/cat, require that the dog be spayed or neutered. PART 3- ANIMAL PROTECTION 11.1 No person shall cause an animal to be or to continue to be; (a) deprived of adequate food, water, care, shelter; (b) injured, sick, in pain or suffering, or; (c) abused or subjected to undue hardship, privation or neglect, or; (d) subjected to inclement weather without any option of reprieve or respite. 11.2 No person shall tease, torment, annoy, abuse, harass or injure any animal. 11.3 No person shall negligently or willfully abandon an animal at an animal shelter regardless if it was originally impounded. 11.4 No person shall untie, loosen or otherwise free an animal which has been tied or otherwise restrained. 11.5 No person shall negligently or willfully open a gate, door or other opening in a fence or enclosure in which an animal has been confined and thereby allow an animal to run at large. 11.6 No person shall entice an animal to run at large. 11.7 No owner shall allow an accumulation of fecal matter on property in the area in which an animal is expected to live or be confined in such a quantity as to create a health hazard for the animal or any person or animal. 0 11.8 An owner of an animal shall ensure that any device used to permanently secure an animal shall be of adequate length to ensure the animal is able to achieve adequate exercise to ensure a healthy quality of life. 0 TOWN OF MORINVI LIE PROVINCE OF ALBERTA Bylaw 5/2016 11.9 An owner of an animal suspected of having rabies or any other communicable disease which may be transmitted to humans or other animals shall immediately report the matter to the Town and shall confine the animal in such a manner as prescribed so as to prevent further spread of the disease. 11.10 The owner of an animal suspected of having rabies or any other communicable disease shall keep the animal confined and observed for a period of not less than ten (10) days at the cost of the owner. 11.11 In the event of an outbreak or a threatened outbreak of rabies or any disease affecting animals which may be transmitted to Humans or other animals, the animal control officer, may direct that all animals be placed in controlled confinement by their owner or be otherwise effectively confined and prevented from being at large. 11.12 Except as herein provided, no person shall kill, or cause to be killed, any animal which has bitten a human, any rabid animal, any animal suspected of having been exposed to rabies, or remove such an animal from the Town without prior permission from the Town. 11.13 Any person who takes control of any animal found running at large, shall immediately notify the Town and provide any required information. 11.14 Any person who takes control of any animal found running at large, shall surrender the animal to an animal control officer or the animal shelter upon demand. PART 4 - ANIMAL CONTROL OFFICER POWERS I PROVISIONS I OPERATIONS 12.1 An animal control officer is authorized to seize and impound in the animal shelter, any animal which is at large or contravenes any section of this Bylaw. The animal control officer is further authorized to take such reasonable measures as are necessary to subdue any animal which is at large, including the use of tranquilizer equipment and materials. If any such animal is injured, it shall be taken to a registered veterinarian for treatment at the cost of the owner and then to an animal shelter. 12.2 When, in the judgment of a licensed veterinarian, an animal should be destroyed for humane reasons, such animal may not be redeemed, until such animal has been destroyed at the cost of the owner. Q 12.3 For greater certainty and to provide clear authority for the animal control officer to perform duties under this Bylaw, an explicit authority is granted for the animal control officer to enter onto private property to perform any of those duties which are required to be performed under this bylaw. 12.4 Subject to the entry notice provisions of the MGA, RSA 2000 c. M-26, an Animal Control Officer, bearing proper identification, may enter premises to conduct an inspection in order to determine whether or not this Bylaw or an order issued pursuant to this Bylaw is being complied with. 12.5 No action shall be taken against any person acting under the authority of this Bylaw for damages for the destruction or other disposal of any animal. 12.6 No person shall interfere with, hinder or impede an animal control officer in the performance of any duty authorized by this Bylaw. 12.7 No person shall remove or attempt to remove, any animal from the possession of an animal control officer. 12.8 Any person may trap animals in Town only using traps provided by the Town, after signing a release form and paying any depo5its or rental fees established. All other traps are prohibited. 0 TOWN OF MORINVILLE PROVINCE OF ALBERTA Bylaw 5/2016 12.9 A person authorized to trap animals shall provide all the necessities of care for the animal that are established by legislation including those outlined in this bylaw. Notwithstanding sections 3.8-3.11 all animals shall be surrendered to an animal control officer for impoundment. 13.0 OFFENCES 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 not exceeding $10,000 and in default of payment of any fine imposed, to imprisonment for not more than six (6) months. 13.2 Specified voluntary penalties established pursuant to this bylaw shall be set by resolution of council and shall form part of this bylaw. 13.3 The levying and payment of any fine or the imprisonment for any period provided in this Bylaw shall not relieve a person from the necessity of paying any fees, charges or costs from which said person is liable in accordance with this bylaw. 13.4 Where a contravention of this bylaw is of a continuing nature, further violation tags or tickets for the same offence may be issued, provided however, that no more than one (1) violation tag shall be issued for each day that the contravention continues. 14.0 VIOLATION TAGS AND TICKETS 14.1 Where an animal control officer believes that a person has contravened any section of this bylaw, he may serve upon such a person for such offence to be made to the Town, a voluntary payment tag in a form prescribed by the Town allowing payment of the penalty specified as set by resolution of council, and such payment shall be accepted by the Town in lieu of prosecution for the offence. 14.2 Where an animal control officer believes that any person has contravened any section of this bylaw, he may serve upon such person a violation ticket in the form and manner as prescribed by the provisions of the Provincial Offences Procedure Act, Chapter P-34, RSA 2000, and all amendments thereto. 15.0 APPEAL 15.1 Any person who feels aggrieved by any decision made by the Town regarding sections: Q 3.3 / 3.4 / 3.6 / 4.2 / 4.14 / 5.6 / 5.9 / 7.3 / 9.1 may appeal such decision to the CAO or designate (a) the appeal must be in writing and accompanied with the applicable appeal fee as set by council, (b) the appeal must be filed at the Town within 14 days of receiving a notice of such decision, where notice is sent by regular mail service and the document is properly addresses if shall be resumed to be effectively served seven (7) days from the date of mailing if the document is mailed within Alberta. (c) the appeal must explain the reasons for appeal. 15.2 The CAO or designate shall coordinate a hearing to allow for the animal owner to give evidence and justification for overturning the decision. 15.3 The CAO or designate will review and hear both the evidence and information provided by the dog owner as well as evidence and information provided by the animal control officer including any witnesses that are deemed to have any relevant evidence or information about the dog's behavior. 15.4 At the end of the hearing the CAO or designate can remove, uphold or alter the original decision. The decision of the CAC or designate is final and the animal owner shall be notified of the decision 0 in writing. TOWN OF MORINVILLE PROVINCE OF ALBERTA Bylaw 5/2016 15.5 Where the owner of a dog that has been determined to be a dangerous dog produces new information to the Town that may alter a determination made under section 8.1 The CAO or designate may cause the matter to be reviewed and make a determination regarding the declaration of dangerous dog and any conditions imposed. 16.0 GENERAL PROVISIONS 16.1 If any section or parts of this bylaw are found in any court of law to be illegal or beyond the power of Council to enact, such section or parts shall be deemed to be severable and all other section or parts of this bylaw shall be deemed to be separate and independent there from and to be enacted as such. 16.2 That Bylaw 26/2010 is hereby rescinded when Bylaw 5/2016 receives third and final reading. 16.3 This Bylaw shall take effect on January 1, 2017 and shall apply to animals notwithstanding the presence of the animal in the Town prior to that date. . READ a first time this 24th day of May, 2016 READ a second time this 30th day of August, 2016. READ a third time this 30th day of August, 2016 /MbU Li,i4'olmes Mayor Andrew Isbister CAO 0 0 0 TOWN OF MORINVILLE PROVINCE OF ALBERTA Bylaw 5/2016 Appendix "A" FEE SCHEDULE Description Fee Structure Unique Animal Ownership Permit $100 Animal Ownership Permit Renewal $10 Neutered/Spayed with permanent Identification $25 (i.e microchip, legible tattoo) Dog/Cat registration Neutered/Spayed Dog/Cat Registration $50 Permanently identified (i.e microchip, legible $50 tattoo) Dog/Cat that is unaltered Unaltered Dog/Cat Registration $100 Replacement Registration Tag $5 Dog/Cat Registration Renewal $10 Recognized Service Dog No Charge Harbouring Permit $100 Harbouring Permit Renewal $25 Section 5.4 Grandfathered Cat Harbouring Permit Free Pound Fees Rates set by Morinville's Pound service provider 0 0 All Dogs that were licensed properly in 2016 as per Bylaw 26/2010 shall receive a 50% reduction for Dog Registration in accordance with this bylaw. CAO A I TOWN OF MORINVILLE PROVINCE OF ALBERTA Bylaw 5/2016 Appendix "B" SPECIFIED PENALTIES 0 C . Penalty . Penalty 1st 2nd and Section Offence Offence subsequent offence 3.1 Own, possess or house domestic animal without a $250 $500 permit 3.2 Own, possess or house a non-domestic animal $250 $500 without a permit 3.7 Fail to comply with conditions of a permit $250 $500 4.1 Fail to Register Dog $200 $400 4.2 Fail to Register Cat $200 $400 Fail to notify Town of change in Registration $100 $200 information Use False or misleading information to Register $500 $1000 Dog/Cat 4.10 Fail to Renew Dog/Cat registration $200 $400 5.1 Keep or harbor more than 3 dogs without a permit $250 $500 5.2 Keep or harbor more than 3 Cats without a permit $250 $500 5.11 Fail to renew Harboring Permit $200 $400 5 13 Fail to notify the Town of change in permit $100 $200 information 5.14 Fail to comply with the conditions of a permit $250 $500 6.1 Dog fail to wear registration tag when required $100 $200 6.2 Cat fail to wear registration tag when required 6.3 Dog/CatRunningatLarge $200 $400 6.3(a) Fail to carry/produce a leash as required $100 $200 6.3(b) Fail to use leash when directed $200 $400 6.4 Excessive Noise $200 $400 6.5 Dog in prohibited area $200 $400 6.6(a) Dog or cat attack/threaten/chase/injure a person $500 $1,000 6.6(b) Dog or cat attack/threaten/chase/injure another $250 $500 animal 6.6(c) Dog or cat cause death to a person/animal $1000 $2500 6.6(d) Dog or cat cause damage to property $250 $500 6.7 Fail to immediately remove defecation $250 $500 6.8 Fail to carry/produce means of picking up $100 $200 defecation 7.1 (a-n) Fail to comply with Off-Leash Dog Park/Area Rules $200 $400 7.2 Allow Dangerous Dog to enter Off Leash Dog $250 $500 Park/Area 7.5 Enter Off Leash Dog Park/Area when not $250 $500 a uthorized 8.1 Person who received serious wound fail to report $200 $400 8.2 Owner of Animal receiving serious wound fail to $200 $400 report_serious wound Owner of animal who caused serious wound or $500 $1,000 death_fail_to_report 8 4 Fail to surrender animal for observation period as $500 $1 000 required 8.5 Fail to quarantine animal as required $500 $1,000 Fail to notify the Town of a Dangerous Dog $500 $1,000 declaration Fail to notify Town of Dangerous Dog running at $250 $500 large CA0 . 0 TOWN OF MORINVILLE PROVINCE OF ALBERTA Bylaw 5/2016 Fail to notify Town of required information for $250 $500 Dangerous_Dog Fail to comply with conditions of Dangerous Dog $1,000 $2,500 Decla ration 11.1( a) Fail to provide adequate food/water/care/shelter $250 $500 11.1(b) Fail to provide for an animal that is injured/in $250 $500 pain/or_suffering Abuse animal or cause an animal undue 11.1(c) . $250 $500 hardship/privation/neglect 11.1(d) Subject dog to inclement weather without reprieve $250 $500 11.2 Tease/torment/annoy/abuse/harass/injure an $250 $500 animal 11.3 Abandon an animal $500 $1,000 11.4 Untie/loosen/free an animal $200 $400 11.5 Open a gate/door/fence/structure where an animal $200 $400 is being confined 11.6 Entice an animal to run at large $200 $400 11.7 Accumulation of fecal matter $250 $500 11.8 Improper securing device $200 $400 11.9 Fail to report communicable disease $250 $500 11.10 Fail to confine communicable diseased animal $500 $1,000 Fail to confine an animal as directed during an $250 $500 outbreak 11.12 Remove/kill animal suspected of having rabies $250 $500 11.13 Fail to notify Town of captured animal $100 $250 11.14 Fail to surrender found animal as required $250 $500 12.6 Interfere with animal control officer $500 $1,000 12.7 Remove animal from possession of animal control $500 $1,000 officer 12.8 Use prohibited Trap $500 $1,000 - C