Bylaw No. 02-2017 Prohibited Animals — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 56665abf13bb · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## BYLAW NO. 02-2017 Prohibited Animals Bylaw ## A BYLAW OF MUNICIPAL DISTRICT OF SPIRIT RIVER NO. 133, IN THE ## PROVINCE OF ALBERTA, FOR THE PURPOSE OF REGULATING PROHIBITED ANIMALS WITHIN THE MUNICIPAL DISTRICT OF SPIRIT RIVER NO. 133 Pursuant to the authority conferred upon it by the Municipal Government Act, the Council of Municipal District of Spirit River No. 133 hereby enacts as follows: - 1.0 TITLE - 1.1 This Bylaw may be referred to as the "Prohibited Animals Bylaw." ## 2.0 DEFINITIONS In this bylaw, unless the content otherwise requires: - 2.1 Council and MD Council mean the Council of Municipal District of Spirit River No. 133, Province of Alberta. - 2.2 MD means Municipal District of Spirit River No. 133, Province of Alberta. - 2.3 MD Manager means the Chief Administrative Officer of Municipal District of Spirit River No. 133 or his delegate. - 2.4 Peace Officer means - (a) a member of the Royal Canadian Mounted Police, and - (b) a Peace Officer appointed for Municipal District of Spirit River No. 133 pursuant to the Peace Officer Act, SA 2006, c. P-35 - 2.5 Prohibited Animal are those animals that are not permitted within Municipal District of Spirit River No. 133 and are listed as follows: Wild Boar (Sus scrofa). ## 3.0 AUTHORITY - 3.1 The MD Manager is hereby authorized to administer and enforce the provisions of this law and may levy charges in accordance with this bylaw or as may be authorized t ouncil pursuant to the provisions of this bylaw. When this bylaw authorizes the MD act or gives to the MD discretion, the MD Manager is authorized to act on behalf of the ## 4.0 PROHIBITED ANIMALS - 4.1 Thipit we No. 1s regaried of pare i a Lane ise in Municipal Distict - 4.2 No person shall keep, either on a temporary or permanent basis, Prohibited Animals on any properties within Municipal District of Spirit River No. 133 boundaries. - 4.3 Existing Wild Boar farms at the time of enactment of this Bylaw will be identified and be prohibited from expanding beyond the identified footprint of their approved permit. Wild Boars on existing farms with permits will not be considered Prohibited Animals under this Bylaw. Wild Boars at large are a declared pest under the Alberta Agricultural Pest Act and will be handled as required by that Act. This authority to operate an existing Wild Boar farm will be provided in the form of a permit to operate and will be required annually. The MD has no obligation to renew permits of existing farms. Permit can be cancelled at any time at the discretion of the MD. - 4.4 Any prohibited animals located within the MD must be euthanized or removed from the MD within seven (7) days of receiving written notice from a Peace Officer; the cost of removal will be at the sole responsibility of the landowner. ## 5.0 OFFENCES AND PENALTIES - 5.1 A person who contravenes or fails to comply with any provision of this Bylaw is guilty of an offence and liable upon summary conviction to the specified penalty set out in Schedule "A", and in default of payment of any penalty, to imprisonment for up to 6 - 5.2 Where a Peace Officer reasonably believes that a person has contravened any provision of this Bylaw, the Peace Officer may, in addition to any other remedy at law, serve upon the person a violation tag, in the form used by the MD, allowing payment of the penalty as set out in Schedule "B" for the particular offence, which payment will be accepted by the MD in lieu of prosecution for the offence, or a Peace Officer may issue a violation ticket in accordance with the Provincial Offences Procedure Act, R.S.A. 2000, c. P-34 (as amended), allowing a voluntary payment of the penalty as set out in Schedule "C", or, requiring a person to appear in court without the alternative of making a voluntary payment. The recording of the payment of a penalty made to the MD or the Provincial Court of Alberta shall constitute an acceptance of a guilty plea and conviction for the offence. - 5.3 Any person who contravenes the same provision of this Bylaw after the date of the first contravention is liable to the specified penalties for such second, third or subsequent offence in the amount set out in Schedule "A" - 5.4 This section shall not prevent any Peace Officer from issuing a violation ticket requiring a court appearance of the defendant, pursuant to the provisions of the Provincial Offences Procedures Act. ## 6.0 SEVERABILITY - 6.1 Should any clause or part of this bylaw be found to have been improperly enacted, for any reason, then such clause or part shall be regarded as being severable from the rest of this bylaw and the bylaw remaining after such severance shall be effective and enforceable as if the clause or part found to be improperly enacted had not been enacted as part of this bylaw. FIRST READING GIVEN THIS 3rd DAY OF MAY, 2017 SECØNO READINØ GIVEN THIS 3rd DAY OF MAY, 2017 THIBOREADING SHEN THIS 3rd DAY OF MAY, 2017 BEEVE Stan Bzowy date goned Mug 3/12 Kelly Hudson date signed Ray 3 12 Bylaw 02-2017 Prohibited Animals Bylaw   ## Prohibited Animals Bylaw Municipal District of Spirit River No. 133 ## Schedule "A" | Offence | Penalty | |-----------------------------------------------------------|-----------| | Keeping or harboring any Prohibited Animals First Offence | $4,000.00 | | Second Offence | 6,000.00 | | Third or subsequent Offence | 8,000.00 |  Municipal District of Spirit River No. 133 CAO Date signed: ## Prohibited Animals Bylaw Municipal District of Spirit River No. 133 Schedule "B" ## VIOLATION TAG Date: Location: Name: \_ Address: D.L. OFFENCE \_20 TIME: D.O.B "......................- You may avoid appearance in court by voluntarily paying this specified penalty to the M.D of Spirit River within 10 days. Specified Penalty (See reverse of this ticket) $ VEHICLE DESC. LICENCE NO. REG. OWNER ADDRESS Ticket No. Issuing officer ## Prohibited Animals Bylaw Municipal District of Spirit River No. 133 Schedule "C" ## NOTE The Specified penalty as marked on the face of this ticket may be mailed to: Municipal District of Spirit River No.133 Box 389 Spirit River, AB TOH 3GO or paid at the MD office located at: 4202-50™H Street Spirit River, AB The specified penalty, voluntary payment option is valid for no more than 10 days from the date of issue of ticket. Thereafter, the person or firm ticketed will be summoned to appear in provincial court nearest the point at which the offence occurred.