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MOUNTAIN VIEW COUNTY
BYLAW NO. 10/19
ANIMAL CONTROL BYLAW
Page 1
Bylaw 10/19
Animal Control
Mountain View County
Province of Alberta
Bylaw No. 10/19
A BYLAW OF MOUNTAIN VIEW COUNTY IN THE PROVINCE OF ALBERTA TO FOR THE PURPOSE OF
REGULATING ANIMALS WITHIN THE MUNICIPAL BOUNDARIES OF MOUNTAIN VIEW COUNTY.
SECTION 1- AUTHORITY
1.01
The Municipal Government Act, Chapter M-26 Statues of Alberta 2000, and amendments
authorizes Mountain View County to regulate wild and domestic animals and activities in
relation to them.
1.02
The Council of Mountain View County deems it advisable to regulate animals within the
municipal boundaries of Mountain View County.
1.03
The Council of Mountain View County, duly assembled enacts as follows:
1.04
This bylaw may be cited as the "Animal Control Bylaw".
SECTION 2 - DEFINITIONS
2.01
In this Bylaw, unless the context otherwise requires:
a.
"Adjacent" means land or a portion of land that is adjoining to another parcel of land and
includes land or a portion of land that would be contiguous if not for a public roadway,
primary highway, river or stream, or reserve parcel.
b.
"Animal" means any Livestock, listed in Schedule "A" or the Agricultural Operations
Practices Act & Regulations but does not include Prohibited Animals listed in Schedule
"C" of this bylaw.
c.
"Animal Control Appeal Committee" means a Committee of Council comprised of three
public members appointed to the Subdivision and Development Appeal Board.
d.
"Chief Administrative Officer" means the Chief Administrative Officer of Mountain View
County.
e.
"Concentrated Livestock" means the use of land and/or buildings for the involving the
rearing of livestock that, because of the size, density, length of confinement, or product
may impact nearby uses. The density of animals on the subject parcel shall not exceed
one (1) animal unit per 0.41 ha (1.0 ac).
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Animal Control
f.
"Council" means the Council of Mountain View County.
g.
"County" means Mountain View County.
h.
"Dog Control Bylaw" means the County's Dog Control Bylaw, as amended or replaced from
time to time.
i.
"Land Use Bylaw" means the County's Land Use Bylaw as amended or replaced from time
to time.
j.
"Livestock" means cattle, swine, poultry, sheep, goats, horses, fur-bearing animals, game
and similar animals including those contained within the Agricultural Operation Practices
Act & Regulations or contained in Schedule "A" attached to this Bylaw but does not include
Prohibited Animals listed in Schedule "C" of this bylaw.
k.
"Livestock Animal Unit" means, for a type of livestock, the number determined by dividing
the number of individuals of the type of livestock by the factor listed within Schedule "A"
attached to this Bylaw.
I.
"Low-Density Livestock" means the use of land and/or buildings involving the rearing of
livestock where the density of animals on the subject parcel shall not exceed one (1)
animal unit per 1.21 ha (3.0 ac).
m
"Nuisance" means the
(i)
noise;
(ii)
trespass upon property;
(iii)
threat to public safety;
(iv)
accumulation of animal waste;
(v)
accumulation of material contaminated by animal waste;
(vi)
disposal of animal waste;
(vii)
disposal of material contaminated by animal waste;
(viii) disposal of carrion; or
(ix)
lack of adequate containment or shelter;
which in the opinion of a Peace Officer, having regard for all circumstances, is injurious or
obnoxious or likely to unreasonably injure, endanger or detract from the comfort, repose,
health, peace or safety of persons or property within the boundary of the County.
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Animal Control
n
"Offspring" means the progeny of any animal dependent upon its parents for the
necessities of life, and which, without limiting the generality of the foregoing shall mean
progeny under the age of six months.
o
"Owner" means any person, partnership, association or corporation owning, possessing
or having charge of or control over any Animal.
p
"Peace Officer" means a Community Peace Officer as appointed under the authority of
the Alberta Peace Officer Act, a Bylaw Enforcement Officer appointed by the County
pursuant to the Municipal Government Act and any person employed by or authorized as
such by Mountain View County, or the Sheriffs Branch, or a member of the Royal Canadian
Mounted Police.
q
"Permit" means a permit issued to an Owner pursuant to Section 6 of this Bylaw permitting
the keeping or harboring on land or premises by an Owner of animals in excess of the
number permitted pursuant to Schedule "B" of this Bylaw.
r
"Prohibited Animal" meanes those animals that are not permitted within Mountain View
County and listed in Schedule "C" of this bylaw.
s
"Review Committee" means the County's Agricultural Fieldman and two (2) staff members
appointed by the Chief Administrative Officer.
t
"Violation Ticket" means a ticket issued pursuant to the Provincial Offences Procedure
Act, RSA 2000, c. P-34, as amended, and Regulations thereunder.
SECTION 3 - APPLICABILITY OF BYLAW
3.01
This bylaw regulates Prohibited Animals upon all properties of Mountain View County,
regardless of parcel size and District.
3.02
This bylaw does not regulate Livestock on properties larger than 4.05 ha (10.0ac).
3.03
This bylaw does not regulate dogs. Dogs are regulated within Mountain View County's Dog
Control Bylaw.
3.04
This bylaw does not regulate cats.
3.05
This bylaw does not regulate Public or Private Riding Arenas.
3.06
The keeping of any wildlife, endangered, and or exotic animals, either on a temporary or
permanent basis, must be in accordance with, and as defined in the Province of Alberta
Wildlife Act.
3.07
This bylaw will be enforced on a complaint basis. Complaints must be submitted in accordance
with Mountain View County Policy 1021 "Complaints Process".
3.08
On Residential District parcels of land less than 1.21 ha (3 acres) and greater than 0.40 ha (1
acre) located in multi parcel subdivisions, Low Density Livestock or Concentrated Livestock
operations may be allowed with a permit for those Districts specified in Schedule "B".
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Animal Control
3.09
On Residential District single parcels less than 1.21 ha (3 acres) and greater than 0.40 ha (1
acre) located in an otherwise un-subdivided quarter section, Low Density Livestock shall be
allowed and Concentrated Livestock may be allowed with a permit for those Districts specified
in Schedule "B".
3.10
On Residential District parcels of land greater than 1.21 ha (3 acres) and less than 4.05 ha
(10.0 acres), Concentrated Livestock operations shall may be allowed either without a Permit
or subject to the granting of a Permit as specified in Schedule "B". Where allowed without a
Permit or where a Permit has been granted, Concentrated Livestock operations shall not
exceed the maximum allowable density of animals in accordance with the definition of
Concentrated Livestock.
3.11
On parcels of land less than 0.40 ha (1 acre) Low Density Livestock may be allowed with a
permit as specified in Schedule "B". Concentrated Livestock density will not be permitted.
3.12
Temporary housing of Livestock for seasonal agricultural activities such as calving, gathering
and sorting on parcels in an Agricultural District are exempt from requiring a permit.
3.13
Temporary housing of Livestock for seasonal agricultural activities such as calving, gathering
and sorting may be allowed with a permit within other districts than those identified in 3.12
and the maximum allowable density of animals will be calculated in accordance with the length
of time the animals are on the lands.
3.14
The number of Animals and Animal Units for any animal not listed in Schedule "A" may be
determined by the Review Committee based on reasonable comparisons of animal weight and
waste and may be done in review of the Agricultural Operations Practices Act and Regulations.
3.15
Livestock may be allowed in the following districts while lands are undeveloped but upon
commencement of any site preparation upon those lands, then the animals allowed in each
district will be in accordance with Schedule "B"
a.
Local Commercial - C-LC
b.
Business Park - I-BP
c.
Heavy Industrial - I-HI
d.
Parks and Recreation - P-PR
e.
Parks and Comprehensive Recreational - P-PCR
f.
Institutional, Educational and Cultural District - S-IEC
SECTION 4 - PROHIBITED ANIMALS
4.01
No person shall keep, either on a temporary or permanent basis any Prohibited Animals on
any premises within the Mountain View County boundary.
4.02
Any Prohibited Animals located within the County must be euthanized or removed from the
County within seven (7) days of receiving an order to remedy contravention, issued under
Section 545 of the Municipal Government Act. The cost of removal will be at the sole
responsibility of the landowner.
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SECTION 5 - APPLICATIONS
5.01 The applicant for a Low Density Livestock or Concentrated Livestock Permit must supply all
instruments registered on the applicable lands. If the instruments registered on title are more
restrictive than the provisions of the Bylaw the application and will be deemed incomplete.
5.02
If the applicant is not the landowner, the approval of the landowner must be supplied in writing
with the application.
SECTION 6 - PERMITS
6.01
The Review Committee shall be responsible for the issuance of Permits.
6.02
Permits are required for the keeping of Livestock as specified in Schedule "B".
6.03
Livestock densities contained in Schedule "B" are based on year round housing.
6.04 Any person wishing to obtain a Permit must complete the Permit Application Form and submit
the completed Application Form, together with the fee as indicated in the current Fee Schedule
Bylaw to the Review Committee.
6.05
Upon receipt of a completed Permit Application Form the Review Committee shall consider the
Permit Application, and may, in its sole and absolute discretion:
a.
refuse to grant the Permit;
b.
grant a Permit;
c.
grant a
Permit upon such terms and conditions as the Review Committee deems
appropriate.
6.06
In determining whether a Permit for Low Density Livestock or Concentrated Livestock will be
granted, the Review Committee may require the applicant to provide:
a.
information on surrounding land uses;
b.
grazing management plan which recognizes the length of time the animals will be on site;
c.
manure management plan;
d.
holding facilities, such as provisions for new buildings and structures or usage of
existing structures;
e.
water sources and water conservation methods; and
f.
consultation with Adjacent landowners, up to a maximum of one mile circulation.
6.07
A Permit is valid on a site specific basis to the Permit holder only.
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Animal Control
6.08 An application may be made to the Review Committee to transfer a Permit to the new
landowner/occupant of the specific site for which the Permit was issued if the use and potential
impact on adjacent properties remains unchanged.
6.09
The permit will be issued to the name on the application form.
6.10
The Review Committee may revoke a Permit if any of the following occur:
a.
the Review Committee receives bona fide complaints from two or more sources;
b.
the Permit holder does not comply with the conditions of the Permit;
c.
the Permit holder harbors Livestock in excess of the number permitted by the Permit;
d.
the Permit holder is guilty of an offence pursuant to Section 7 of this Bylaw;
e.
the Permit holder is not adhering to applicable Provincial Legislation governing the welfare
and management of Animals; or
f.
at the written request of the permit holder.
6.11
The Review Committee shall revoke a Permit issued to an occupant if the landowner revokes
their consent.
6.12
If the Review Committee revokes a Permit, no refund of the Permit fee shall be made.
6.13
An Owner who is refused a Permit, or a Permit is approved with conditions or terms, or whose
Permit is revoked may make a written appeal to the Animal Control Appeal Committee
appealing the decision of the Review Committee by submitting a written appeal letter not later
than fourteen (14) days after the receipt of the written decision or the revocation decision of
the Review Committee.
6.14
Any appeal made pursuant to Section 6.13 shall be accompanied by the prescribed fee
contained in the current Fee Schedule Bylaw. The appeal fee shall be refunded if the
applicants appeal is successful.
6.15
The Animal Control Appeal Committee shall meet within thirty (30) days of receiving an appeal
made pursuant to Section 6.13 and may circulate notice of the appeal to any parties deemed
appropriate by the Committee.
SECTION 7 - OFFENSES
7.01 Subject to any registered non-conforming use of land in existence at the time of this bylaw, or
under such circumstances where a Permit has been issued pursuant to Section 6 of this Bylaw
or a previous version of this Bylaw, any person who keeps or harbors any Livestock, or
Prohibited Animals in contravention to this Bylaw is guilty of an offence.
7.02
Any person who keeps or harbors any Animal within the municipal boundaries of the County
which create a Nuisance as defined in this bylaw is guilty of an offence.
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SECTION 8 - PENALTIES
8.01
In accordance with the Municipal Government Act, any Person that violates any provision of
this Bylaw is guilty of an offence and is liable, upon conviction, to a maximum fine of Ten
Thousand ($10,000.00) Dollars, and not less than One Hundred ($100.00) Dollars, or in
default of the payment of the fine, to imprisonment for a period not exceeding one year, or to
both fine and imprisonment in such amounts.
8.02
Where an Peace Officer has reasonable and probable grounds to believe that a Person has
violated any provision of this Bylaw, the Peace Officer may commence Court proceedings
against such Person by:
a.
issuing the Person a Violation Ticket pursuant to the Provincial Offences Procedure Act;
or
b.
swearing out an information and complaint against the Person.
8.03
Where an Peace Officer issues a Person a Violation Ticket in accordance with
Section 8 of this Bylaw, the Peace Officer may either:
a.
allow the Person to pay the minimum and specified penalty established in "Schedule D"
for the offence by including the penalty in the Violation Ticket; or
b.
require a Court appearance of the Person when the Peace Officer believes that it is in the
public interest pursuant to the Provincial Offences Procedure Act.
8.04
Where any person has been convicted a second time under the same section of this Bylaw
within a TWENTY-FOUR (24) month period, the specified penalty payable in respect of the
second contravention shall be in the amount as shown in accordance with Schedule "D", for a
second offence.
8.05
Where any person has been convicted under the same section of this Bylaw more than two
times within a TWENTY-FOUR (24) month period, the specified penalty payable in respect of
the third or subsequent contravention shall be the amount as shown in accordance with
Schedule "D", for a third offence.
8.06
No provision of this Bylaw nor any action taken pursuant to any provision of this Bylaw shall in
any way restrict, limit, prevent, or preclude the County from pursuing any other remedy in
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Animal Control
relation to an offence as may be provided by the Municipal Government Act or any other law
of the Province of Alberta.
SECTION 9 - SEVERABILITY
9.01
Each provision of this Bylaw is independent of all other provision.
If any such provision is
declared invalid by a Court of competentjurisdiction all other provision of this Bylaw will remain
valid and enforceable.
SECTION 10 - REPEAL OF BYLAW
10.01 Bylaw 10/16 is hereby repealed.
SECTION 11- EFFECTIVE DATE
11.01 This Bylaw shall come into effect at such time as it has received third (3rd) reading and has
been signed in accordance with the Municipal Government Act.
Read the first time this 22 day of May 2019.
Read the second time this 22 day of May 2019.
Read the third time this 12 day of June 2019.
Reeve
Date of Signing
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Animal Control
SCHEDULE A
Livestock Animal Unit
CATEGORY OF
TYPE OF LIVESTOCK
FACTOR TO BE
LIVESTOCK
USED TO
DETERMINE
THE ANIMAL
UNITS
Cows (900+ lbs)
1.1
Beef
Feeders (450 - 900 lbs)
2
Calves(< 550 lbs)
3.6
Swine
Feeders/
Boars
5
Poultry
Chickens, Turkeys, Geese, Ducks
25
Feeders > 750 lbs
1
Horse
Mules
1
Donkeys
1.5
Ewes/
Rams
5
Sheep
Ewes with Lambs
4
Goats
Meat/Milk (per Doe)
6
Note: One animal unit is based on the consumption and waste generated by a 1000 pound animal in
accordance with the Agricultural Operations Practices Act and Regulations.
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SCHEDULE B
Permit-Requirements
DESCRIPTION
LOW DENSITY
CONCENTRATED
LIVESTOCK
LIVESTOCK
(1 animal unit/3.0
(1 animal unit/1.0
acres)
acres)
Residential Districts: Agricultural - A
Agricultural (2) - A(2)
Country Residential - R-CR
Country Residential (1) - R-CR1
Residential Farmstead - R-F
Parcels greater than 10 acres
- parcel may include/exclude a single parcel
N/A
N/A
out or multiple parcels out but is greater than
10 acres
Single parcel out of quarter (3 - 9.99 acres)
Allowed
Allowed
Single parcel out of quarter (1- 2.99 acres)
Allowed
Permit Required
Multiple parcels on quarter (3 - 9.99 acres)
Allowed
Permit Required
Multiple parcels on quarter (1- 2.99 acres)
Permit Required
Permit Required
Com mercia 1/1 nd ustria I Districts:
Local Commercial - C-LC
Business Park - I-BP
Heavy Industrial - I-HI
Permit Required
Permit Required
Aggregate Extraction/Processing District -
AEP
Other Districts:
Parks and Recreation - P-PR
Parks and Comprehensive Recreational - P-PCR
Allowed
Permit required
Institutional, Educational and Cultural District -
S-IEC
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Any Districts:
Any parcel less than 0.99 acres
Permit Required
Not allowed
Districts that do not permit Livestock
Parks and Conservation - P-PC
Not allowed
Not allowed
Airport District - S-AP
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Animal Control
SCHEDULE C
Prohibited Animal
Name/Type
Wild Boar (Sus scrofa)
SCHEDULED
Penalties
OFFENCE
SECTION
MINIMUM
SPECIFIED
PENALTY
Keeping or harboring any Animals
7.01
$100.00
contrary to Schedule "B", herein.
Keeping or harboring any Animal in
7.01
$100.00
numbers in excess of those described in
Schedule "B" herein without a valid
Permit.
Keeping or harboring any Livestock,
7.02
$150.00
Poultry, Other Animals or Fowl which
constitutes a Nuisance.
Keeping or harboring any Prohibited
7.01
$10,000.00
Animals in Schedule "C".