Bylaw #480 To License & Control Dogs & Domestic Animals — full text

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## TITLE 1. This Bylaw may be cited as the "Animal Control Bylaw" ## INTERPRETATION AND APPLICATION 2. In this Bylaw unless the context otherwise requires: - (a) "Animal" includes cats, dogs, fowl and horses. - (b) "Animal Services Centre" means the Village facility established for the holding of impounded animals as set out in this Bylaw. - (c) "Animal Services Supervisor" means the Senior Bylaw Enforcement Officer in charge of the Animal Services Section. - (d) Bylaw Enforcement Officer" means a person appointed by the Village pursuant to the provisions of Section 111.1 of the Municipal Government Act. - (e) "Cat" shall mean either a male or female cat over the age of three months. - "Dangerous" dog means any dog. whatever its age, whether on public or private property, - (i) without provocation, chased, injured, or bitten any other domestic animal or human; or - (ii) without provocation, damaged or destroyed any public or private property; or - (її) without provocation, threatened or created the reasonable apprehension or a threat to other domestic animals or humans; and which, in the opinion of a Justice, presents a threat of serious harm to other domestic animals or humans; or ## VILLAGE OF NAMPA BY LAW NO. 480 ## A BYLAW OF THE VILLAGE OF NAMPA TO LICENSE AND CONTROL DOGS AND DOMESTIC ANIMALS WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF NAMPA WHEREAS the Council deems it expedient to license dogs and cats in the Village of Nampa, and WHEREAS the Council wishes to control the running at large of dogs and cats in the Village of Nampa, and WHEREAS under Section 164 of the Municipal Government Act the Council has the authority to pass such a bylaw. NOW THEREFORE, THE COUNCIL OF THE VILLAGE OF NAMPA ENACTS AS FOLLOWS: ## PART I - (g) "Dog" shall mean either male or female dog over the age of three months. - (h) "Former Owner" means the person who at the time of impoundment was the owner of an animal which has subsequently been sold or destroyed. - (i) "Fowl" includes chickens, ducks, turkeys, and geese. - (i) "Justice" has the meaning as defined in the Provincial Offenses Procedure Act SR 1988 Chapter P215 as amended or replaced from time to time. - (k) "Leash" means a chain or other material capable of restraining the dog on which it is being used. - (1) "License" shall mean an injection of a microchip implant under the skin of the animal and or a tag that is attached to the collar worn by the animal. - (m) "Owner" means a natural person or body corporate who has legal title to the animal, and includes any person who has possession or custody of the animal, either temporarily or permanently, o arbours the animal, or allows the animal to remain on his premises - (n) "Provincial Court" means The Provincial Court of Alberta, - (0) "Regional Pathway" means a formal pathway designed for pedestrian and bicycle traffic which traverses a park area and is a part of an integrated pathway system - (p) "Running at large" means - (iV) been previously determined to be a dangerous dog under Bylaw. - (g) "'S.P.C.A." means the Society for the Prevention of Cruelty to Animals and their office located within the Town of Peace River. - (r) "School Ground" means that area of land adjacent to a school and that is property owned or occupied by the Peace River School Division #10 and includes property owned or occupied with another party or the Village of Nampa. - occupation, or upon any highway, thoroughfare, street, road, trail, avenue, parkway portion of ine sidewalk park or another public place; or , square, bridge, causeway, trestleway, sidewalk (including the boulevard - (ii) a dog or dogs which are under the control of a person responsible by means of a leash which causes damage to persons, property or other animals. - (s) "Tot Lot" means an area on which various children's play apparatus is located. The area may be all died tons strothe oubside dimensions of any such play alude that anies it park to anary train lesser distance - (t) "Village" means the Municipal Corporation of the Village of Nampa or the area contained within the boundary thereof as the context requires - (u) "Village Council" or "Council" shall mean the Village Council for the Municipal Corporation of the Village of Nampa, Alberta. ## RESPONSIBILITIES OF DOG OWNERS - Except as provided in Section 2 (d) (i) the owner of a dog shall ensure that such dog is not running at large. ## NUISANCE 2. (a) The owner of a dog shall ensure that such dog shall not - (b) (i) The owner of the dog shall not permit his dog on any School Ground, Tot Lot, except ai provided in subsection (i) - (c) (i) Council shall, in consultation with the relevant Community Association(s) and - bite a person or persons whether on the property of the owner or not; - (ii) do any other act to injure a person or persons whether on the property of the owner or not; - (iii) chase or otherwise threaten (such as lunging at fence) a person or persons whether on the proper the eror, us the person chased or threatened is a trespasser on the - (iv) bite, bark at, or chase stock, bicycles, automobiles, or other vehicles; - (v) be a nuisance by consistently barking, howling or otherwise disturbing any person(s); - (vi) cause damage to property or other animals; - (vii) upset any waste receptacles or scatter the contents thereof either in or about a street, lane, o anner or public property or in or about premises not belonging to or in the possession of the - (vili) be left unattended in any motor vehicle unless the dog is restricted so as to prevent access to persons as long as such restraint provides for suitable ventilation. - (ii) Unless otherwise posted, where a Regional Pathway passes through an area prohibited to dof ru doing ae penited provided they remain on the defined pathway or sidewalks and are - 2.1 The owner of a dog alleged to be dangerous shall be provided notice of a hearing for the determination by he Provincial Court ten (10) clear days before the date of the hearing - (ii) The owner of a dog shall ensure that his dog is under control in any areas which Council has designated pursuant to subsection (1). - (iii) Council may designate park facilities and areas where dogs are prohibited by causing signs tr be posted in such areas indication such designation. - (iv) The owner of a dog shall not permit his dog in any park facilities or areas which Council ha. lesignated pursuant to subsection (iii) - (d) f a dog defecates on any public or private property other than the property of its owner. the own hall remove such defecation immediatel ## PART II DOGS - 2.2 Upon application, if it appears to the Justice that the dog should be declared to be a dangerous dog, he shall make an order in a summary way declaring the dog as a dangerous dog. - 2.3 The owner of a dangerous dog shall insure that: - (a) such dog does not, without provocation: - (i) chase a person; or - (ii) injure a person; or - (iti) bite a person; or - (iv) chase other domestic animals; or - (V) injure other domestic animals; or - (vi) bite other domestic animals. - (b) such dog does not damage or destroy public or private property, - (c) when such dog is on the property of the owner - (i) either such dog is confined indoors and under the control of a person over the age of eighteen (18) years, or - (i) hen such dog is outdoors it is in a locked pen or other structure, constructed to prevent th scape of the dangerous dog and capable of preventing the entry of any person not in contr of the dog, or - (iii) such dog is kept as if the provisions of section 2.3(e) applied to such dog while on the property of the owner. - (d) (i) the locked pen or other structure shall have secure sides and a secure top, and if it has no bottom secured to the sides, the sides must be embedded in the ground to a minimum depth of thirty (30) centimeters. - (ii) - (e) at all times, when off the property of the owner, such dog is securely - (f) such dog is not running at large. - (i) muzzled, and - (iii) under the control of a person over the age of eighteen (18) years. - harnessed or leashed on a lead which length shall not exceed one (1) meter in a manner that prevents it from chasing, injuring, or biting other domestic animals or humans as well as preventing damage to public or private property, and ## COMMUNICABLE DISEASES - An owner of such a dog or dangerous dog suspected of having rabies: - (a) shall immediately report the matter to Agriculture Canada, Veterinary Inspection Directorate or to the Animal Services Supervisor; - (b) shall confine or isolate the dog, in such a manner as prescribed so as to prevent further spread of the diseases and - (c) shall keep the dog confined for not less than ten (10) days at the cost of the owner. - 3.1 Bylaw Enforcement office ## LICENSING - (a) The owner of a dog - (b) Every owner, when requested by a Bylaw Enforcement Officer, shall submit to the Bylan Enforcement Officer a spay/neuter certificate or if unavailable a statutory declaration or other acceptable documentation establishing the dog's or dangerous dog's age or that information as the Bylaw Enforcement Officer may require in order to determine the license payable by that owner - (c) No person shall give false information when applying for a dog license or dangerous dog license. - (a) subject to the provisions of section 5(c) obtain a license for such dog on the first day on which the Village Office is open for business aftér the dog becomes three months of age; - (b) obtain a license on the first day of January each year at the Village Office during regular office hours; - (c) obtain a license for a dog notwithstanding that it is under the age of three months, where the dog is found running at large; - (d) obtain the annual license for it on such day specified every year. - 5.1 The owner of a dangerous dog shall: - (a) be over the age of eighteen (18) years; - (b) btain a dangerous dog license pursuant to the provision of section 6.1 on the first day on which th illage Office is open for business after the dog has been declared as dangerous; o - (c) obtain a license on the first day on which the Village Office is open for business after he becomes the owner of the dangerous dog; - (d) obtain the annual license for the dangerous dog on such day specified by the Animal Services - (i) that has not been deemed to be dangerous - (ii) that has been deemed to be dangerous shall obtain an annual license for such dog at such times as specified in Section 5 or 5.1 and shall pay an annual fee as set out in Schedule "A" of this Bylaw. - The owner of a dog shall: Supervisor every year; - (e) notify the Animal Services Supervisor should the dog be sold, gifted, or transferred to another person or dies; - (f) remain liable for the actions of the dog until formal notification of sale, gift or transfer is given to the Animal Services Supervisor; - (g) notify the Village Office if the dog is running at large. - Ts of we profety of the ensure that his dog wears the current license purchased for that dog when the dog - 6.1 - Upon losing a dog license an owner of a dog shall present the receipt for payment of the current year's license fee to the Village Administration office who will issue a new tag to the owner without charge. 8. No person shall be entitled to a license rebate under this Bylaw. 9. Cense a License required pursuant to this Section has been paid for by the tender of an uncertified cheque, the - (a) is issued subject to the cheque being accepted and cashed by the bank without any mention of this condition being made on the license; and - (b) is automatically revoked if the cheque is not accepted and cashed by the bank on which it is issued ## HANDICAPPED OWNERS 10. (a) Notwithstanding Section 4(a), where the Animal Services supervisor is satistied that a person who 1 landicapped is the owner of a dog trained and used to assist such handicapped person there shall be no fee payable by the owner for a license under Section 4. - (b) - (c) Section 1 does not apply: - () Where apesperson in adi aged is the his confa dog trained and used to assist such ## ANIMAL CONTROL OPERATION - AUTHORITY 11. A Bylaw Enforcement Officer of the Village or RCMP Constable of the Peace River Detachment may capture and impound any dog or dangerous dog; - (a) found running at large; or - (b) which is required to be impounded pursuant to the provisions of any Statue of Canada or of the Province of Alberta, or any Regulation made thereunder. ## OBSTRUCTION - 12. ## NOTIFCATIONS 13. (a) If a Bylaw Enforcement officer knows or can ascertain the name of the owner of any pounded dog, he shall serve the owner with a copy of the Notice in schedule "B" o ais Bylaw, either personally or by mailing it to the last known address of the owne 2. (b) An owner of a dog to whom a notice is mailed pursuant to the provisions of subsectior a) is deemed to have received a Notice within forty-eight (48) hours of the time it is mailed ## PART III - CATS 1. Any person who owns a cat shall have the cat licensed either by the wearing of a license tag or microchip implânt and pay the prescribed fees for licensing as set out in "Schedule A". 2. It is an offense for an owner of any cat to permit or otherwise allow such animal to run at large within the corporate limits of the Village. 3. Triparty enie fore i lags or to keep, milly horts or oratis creas damage to private or public 4. The pound keeper or any person or persons as shall be authorized or appointed by the said council may capture a cat or cats, that are running at large, using humane method and shall deliver said cat or cats to the pound where said animal shall be held for a period of 72 hours and if not claimed said animals may be 5. Each cat impounded under the provisions of this bylaw shall be subject to impounding fees as set out ir Schedule D. Any consecutive holidays, for the purpose of this section shall be deemed to be one day 6. Any cat impounded under the provisions of this bylaw shall not be released by the pound keeper until such time as the owner can present to the satisfaction of the pound keeper that he has paid all fines and pound fees. 7. No person shall keep cats in numbers greater than two on any residential property within the Village. 8. Notwithstanding the terms and conditions of Section 9, any person removing or attempting to remove any cal bylaw shal be guily otan potracion of his bylperson authorized to enforce any of the provisions of this 9. he property of that person and no other person shall be able to claim that cat ## PART IV OTHER ANIMALS - No person shall keep or cause or suffer to be kept any bovine, equine, porcine or ruminant animal within the limits of the Village of Nampa. ## FOWL - 2.. No person shall keep or cause or suffer to be kept save as hereinafter specified any chicken, turkey, goose, guinea fowl, or poultry of any kind within the limits of the Village of Nampa, unless such birds or poultry are part of any commercial undertaking which is established with the approval of the Village Council - (a) No person shall allow any fowl owned or controlled by him to cluck or crow or otherwise disturb any person. 3. The keeping of pigeons and rabbits in the Village of Nampa is not permitted in numbers greater than four on residential property and provided that the pens are kept in a clean and sanitary condition. In the event that - Animals in the Village for parades or exhibitions, under the care and supervision of competent persons are no subject to the provisions of this bylaw ## HORSES - (a) Horses are not permitted to reside within the Corporate Limits of the Village of Nampa - (b) Council may designate areas where horses are permitted for the purpose of horses being ridden in local parades or special events held by/within the Village of Nampa ## PART V GENERAL ## RECLAIMING - (a) - (b) Where an animal is claimed, the owner shall provide proof of ownership of the animal. - (c) Thy reques the eum ay tec part by lin or rity of comms an an offence under this Bylaw ## SALE OR DESTRUCTION 2. are Me: mal Services Supervisor shall not sell or destroy an impounded animal until the following conditions - (a) After an animal is retained in the Animal Services Center for: - (i) owner are known, or - (ii) - (b) The Animal Services Supervisor may retain an animal for a longer period if in his/her opinion the circumstances warrant the expense; - (c) The Animal Services Supervisor may offer for sale all unclaimed animals which have been in the Animal Services Center for: - seven (7) days or longer when the name and address of the owner is known; and - (ii) seventy-two (72) hours or longer if the name and address of the owner are not known. - (d) The Animal Services Supervisor may, before selling an unclaimed animal, require that the animal be spayed or neutered; - (d) The purchaser of an animal from the Animal Services Center pursuant to the provisions of this Section shall obtain full right and title to it and the right and title of the former owner of the animal - (e) hen the Animal Services Supervisor agrees to put an animal to death the owner shall pay to ti nimal Services Supervisor a fee as set out in Schedule "C" of this Bylav ## INTERFERENCE WITH ANIMALS 3. No person shall: 2. (a) untie, loosen or otherwise free an animal which has been tied or otherwise restrained; or 3. (b) regligently or willfully open a gate, door or other opening in a fence or enclosure in which an anima las been confined and thereby allow an animal to rûn at large in the Village ## PENALTIES 4. (a) Where a Bylaw Enforcement officer or an RCMP Constable of the Peace River Detachment believes that a person has contravened any provision of this Bylaw, he nay commence proceedings by issuing a summons by means of a violation ticket in accordance witl Part 2 of the Provincial Offenses Procedures Act, S.A. 1988, Chapter P-2l.. 2. (b) The specified penalty payable in respect of a contravention of a provision of this Bylaw is the amount shown in Schedule "D" of this Bylaw in respect of that provision 3. (c) Notwithstanding Section 4(b): 4. (i) 5. (ii) here any person contravenes the same provision of this Bylaw three or more times with ne twelve-month period, the specified penalty payable in respect of the third or subseque contravention is triple the amount shown in Schedule "D" of this Bylaw in respect of that provision. ## SUMMARY CONVICTION - 5 (a) Any Person who contravenes any provision of this Bylaw is guilty of an offence and is liable on summary conviction to a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) and i1 lefault of payment in liable to imprisonment for a term not exceeding six (6) months - (ager Ts dogs small be the same amounts as silovn in spect to a contravention of this Bylaw with respect te - (b) 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 he in liable under the provisions of this Bylaw. - (c) A Justice, in addition to the penalties provided in this Section, may it he considers the oftence sufficiently serious direct or order the owner of the dog to stop the animal from doing mischief or causing the disturbance or nuisance complained of, or to have the animal removed from the Village, or have the animal destroyed. 6. A Justice, after convicting the owner of a dog of an offense under this Bylaw, may in addition to any other penalties imposed or orders made, and without further notice or hearings, declare the subject dog a dangerous dog, pursuant to the provisions of this Bylaw. 7. (a) A notice or form commonly called an Offence Tag having a printed wording approved by the Council of the Village of Nampa, may be issued to any person charged with a breach of any provisions of this bylaw and the said notice shall require the payment of the sum shown, to such official or officials as the Village may designate. - (b) A notice or Offence Tag shall be deemed to be sufficiently served: - if served personally upon the owner of the animal, or - (ii) if mailed to the address of the registered owner of the animal concerned, or the person concerned. - (0) A notice or form may be issued for the offenses Specified herein but in such cases the payment shall be the amount as specified, in Schedule "D" - (d) Nothing within this section shall restrict the person's right to plead not guilty and have the case hear efore a Magistrate. Judge. or Justice of the Peace ## SCHEDULE "A" ## THE ANIMAL CONTROL BYLAW | ANNUAL LICENSE FEES | ANNUAL LICENSE FEES | AMOUNT | |-----------------------|---------------------------------------------------------------|--------------| | | cach spayed dog and cat 1 yea ach unspayed dog and cat Ist ye | $10.00 15.00 | | | | 19000 | | | Dangerous Dog License | 125.00 | ## SCHEDULE "B" You are hereby notified that an animal bearing License No. for 20 registered under the above name and address, was impounded on , AD 20 pursuant to the provisions of Bylaw No 480 of the Village of Nampa and that, unless said animal is claimed and all impoundment charges are paid, on or before → 20 the said animal will be sold, destroyed or otherwise disposed of pursuant to the said Bylaw. ## SCHEDULE "C" ## AMOUNT TO BE PAID TO THE VILLAGE OFFICE BY OWNER OF ANIMAL IN ORDER TO RECLAIM OR DESTROY A DOG AT THE ANIMAL SERVICES CENTRE 4. Destruction of dog - Impoundment fees - 1.1 Dangerous dog impoundment fee - Care and sustenance (per day or portion thereof. To commence at midnight on the day of impoundment) - Veterinary fees $ 25.00 $ 250.00 $ 10.00 amount expended $40.00 ## SPECIFIED PENALTIES ## SCHEDULE "D" ## PART I | OFFENCE UNDER: | OFFENCE UNDER: | OFFENCE | AMOUNT | |-------------------|-------------------|-------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------| | Section 1 | Section 1 | Running at large | $ 50.00 | | Section 2 | (a) | | $ 350.00 | | | | | $ 200.00 | | | | | $ 200.00 | | | | | $ 200.00 | | | | | $ 100.00 | | | | | $ 250.00 | | | | | $ 150:00 | | | | | 50.00 | | | | & Not inder cord an designated areas | $ 100.00 $ 75.00 | | | | Defecation | $ 100.00 | | | | | $ 100.00 | | | | Dog in water in park | | | | | Minimum Penalties with Respect to Dangerous Dogs | Minimum Penalties with Respect to Dangerous Dogs | | Section 2.3 | Section 2.3 | (a) Dangerous dog chasing injuring or biting a person or animal | $1,500.00 | | (b) | (b) | Dangerous dog damaging or destroying public or private property | $1,000.00 | | (c) | (c) | | $1,000.00 | | | | (i) Failure to keep a dangerous log confined | | | | | iii), (e) Failure to keep a dangerous dog | $1,000.00 | | | | nuzzled, harnessed, or leashed properly Improper pen or other structure | $1,000.00 $1,000.00 | | (d) | (d) | Dangerous dog running at large | | | | | | $1,000.00 | | Section 3 | Section 3 | Failure to have any dog or dangerous dog examined by a licensed veterinarian for rabies $ 500.00 pon deemand of Bylaw Enforcement Officer | | | Section 4 (a) (c) | Section 4 (a) (c) | Unlicensed non-dangerous dog Unlicensed dangerous dog | 50.00 $ 250.00 | | | | Giving false information when pplying for a dog license o angerous licens | $ 500.00 | | Section 5.1 | (e) | Failure to notify Animal Services Supervisor if the dog is sold, gifted, transferred or dies | $ 100.00 | |------------------|-------|-----------------------------------------------------------------------------------------------------------|----------------| | Section 6 | | Dog not wearing licenses | $ 25.00 | | Section 6.1 | | Failure to tattoo or implant dog with electronic identification microchip | $ 1,000.00 | | Section 12 | | Obstruction | $ 500.00 | | Section 2 | | PART III Allow a cat to run at large Part III, Section 2 - first offence - second offence - third offence | 1 3000 50.00 | | Section 7 | | Keeping of cats contrary to Part III, Section 7 - first offence - second offence | 25.00 50.00 | | Section 3 | | The owner of a cat charged with an offence under Part III, Section 3 - each subsequent offence in the | $ 25.00 | | Section 5 | | current year Impound Fees | $ 50.00 | | | | Care & sustenance (per day or portion thereof, țo commence at midnight on the day of impoundment.) | $ 10.00 $ 5.00 | | Section 1, 2 & 3 | | PART IV | | | Section 2 | (a) | Fowl disturbing the peace | $ 100.00 | | Section 5 | (a) | Horse in prohibited area | $ 100.00 | | Section 3 | | Interference | $500.00 | ## GRANDFATHERED oy & Faye Armstrong are grand fathered (limited to four horses) until the property is sold, at which time n nimals will be allowed. Council Meeting December 19, 2005, motion # 273 5Igis bylaw shall repeal Bylaw # 472 and shall come into effect when it receives third reading and is duly Read a first time this 16 day of July 2024 Read a second time this 16 day of July 2024 Read a third and finally passed this 16 day of July 2024   Mayor (anne Roshuk