Deer and Wildlife Feeding and Attractants Bylaw 28-21
Okotoks, Alberta
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BYLAW 28-21
A BYLAW OF THE TOWN OF OKOTOKS
IN THE PROVINCE OF ALBERTA
RESPECTING DEER AND WILDLIFE FEEDING AND ATTRACTANTS
IN THE TOWN OF OKOTOKS
WHEREAS pursuant to the Municipal Government Act, Revised Statutes of Alberta
2000, Chapter M-26 and amendments thereto, Council may pass a bylaw for municipal
purposes respecting wild and domestic animals and activities in relation to them; and
WHEREAS the Council of the Town of Okotoks deems it desirable to regulate activities
in relation to wildlife attractants and the feeding of deer and other wildlife within the
Town of Okotoks;
NOW THEREFORE the Council of the Town of Okotoks enacts as follows:
1.
SHORT TITLE
This bylaw may be known as the "Deer and Wildlife Feeding and Attractants Bylaw".
2.
DEFINITIONS
In this bylaw, unless the context otherwise requires:
2.1
animal means any member of the animal kingdom but does not include
domestic animals, livestock, wildlife, or humans;
2.2
Chief Administrative Officer (CAO) means the person appointed to the
position of Chief Administrative Officer for the Town of Okotoks, by Council,
within the meaning of the MGA;
2.3
Council means the Mayor and Councilors duly elected pursuant to the
provisions of the Local Authorities Election Act;
2.4
deer means any member of the family Cervidae;
2.5
domestic animal means an animal that has been tamed and is kept by humans
as a household pet, especially members of species that have, through selective
breeding, become notably different than their wild ancestors but does not
include wildlife or livestock;
2.6
feed means providing, leaving or placing in, on or about land or premises any
wildlife attractants with the intention that deer or other wildlife be enticed to such
wildlife attractants with the intention that they be eaten by the deer or other
wildlife;
Bylaw 28-21
Page 2 of 7
2.7
livestock includes but is not limited to:
a)
animals of the avian species including chickens, turkeys, ducks, geese, or
pheasants,
b)
domestically reared or kept deer, reindeer, moose, elk, or bison,
c)
farm bred fur bearing animals including foxes or mink,
d)
animals of the bovine species,
e)
horses, mules, ass, swine, emus, ostriches, camels, llamas, alpacas,
sheep, pigs or goats,
f)
any animals kept for agricultural purposes,
but does not include hens kept pursuant to the Okotoks Urban Hen Bylaw;
2.8
Peace Officer means:
a)
a member of the Royal Canadian Mounted Police,
b)
a Community Peace Officer as appointed by the Solicitor General of
Alberta, or
c)
a Bylaw Enforcement Officer as appointed by the Town to enforce bylaws
of the Town;
2.9
person means any:
a)
individual, or
b)
business entity including a firm, partnership, association, corporation,
company or society;
2.10
premises means a residence, store, office, warehouse, factory, building,
enclosure, yard or other place occupied, or capable of being occupied, by any
person;
2.11
Town means the Town of Okotoks, a municipal corporation in the Province of
Alberta, and where the context so requires, means the area of land within the
corporate boundaries thereof;
2.12
violation tag means a notice or tag in the form as approved by the CAO,
issued by the Town, allowing a voluntary payment option of a fine established
under this Bylaw;
2.13
violation ticket means a ticket issued pursuant to Part 2 of the Provincial
Offences Procedures Act;
Bylaw 28-21
Page 3 of 7
2.14
wildlife means any animal that is not normally domesticated, including but not
limited to:
a)
feral domesticated animals,
b)
fur-bearing animals,
c)
migratory game birds,
d)
upland game birds,
e)
birds of prey,
f)
big game,
g)
non-game animals, and
h)
any hybrid offspring resulting from the crossing of two (2) wildlife animals.
2.15
wildlife attractant means any substance which could, or be reasonably
expected to, attract deer or other wildlife including but not limited to:
a)
food for domesticated animals or livestock including, but not limited to:
i.
pet food,
ii.
livestock food,
b)
food for birds including, but not limited to:
i.
birdseed,
ii.
suet,
iii.
hummingbird nectar,
iv.
honey,
c)
compost waste which includes but is not limited to:
i.
lawn clippings,
ii.
leaves,
iii.
branches,
d)
salt,
e)
food for human consumption,
f)
residential garbage,
g)
waste,
h)
recyclable materials,
i)
game meat,
j)
restaurant grease,
k)
ash,
l)
petroleum products,
m)
antifreeze,
n)
paint,
o)
outdoor refrigerators or freezers.
3.
FEEDING AND ATTRACTANTS
3.1
No person shall store, handle or dispose of any wildlife attractants in such a
manner so that they are or may become accessible to deer or other wildlife.
Bylaw 28-21
Page 4 of 7
3.2
No person shall feed, attempt to feed, or permit the feeding of, either directly or
indirectly, any deer or other wildlife by leaving or placing, in, on, or about any
premises, any wildlife attractants for the purpose of feeding such deer or other
wildlife.
3.3
Notwithstanding Section 3.2, a person may place, or allow to be placed, a bird
feeder on their premises so long as such bird feeder and any contents
contained therein are not or may not become accessible to deer or other
wildlife.
3.4
Section 3.2 shall not apply in relation to:
a)
a wildlife officer or a wildlife guardian as defined in the Wildlife Act while
lawfully performing their duties, or a person under the direction of or with
the permission of a wildlife officer or wildlife guardian;
b)
farm operations;
c)
fruit and vegetable gardening for human consumption; or
d)
ornamental plants and flowers.
4.
PENALTIES AND ENFORCEMENT
4.1
No person shall willfully obstruct, hinder or interfere with a Peace Officer or any
other person authorized to enforce and engaged in the enforcement of the
provisions of this Bylaw.
4.2
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 Ten Thousand
($10,000) Dollars, imprisonment for a term not exceeding one (1) year, or both.
4.3
Where there is a specified penalty listed for an offence in Schedule "A" to this
Bylaw, that amount is the minimum specified penalty for the offence.
4.4
Where a person contravenes the same provision of this Bylaw two (2) or more
times within one twelve (12) month period, the specified penalty payable in
respect of the second or subsequent contravention shall be the amount stated
in Schedule "A" for such offences.
4.5
In the case of an offense that is of a continuing nature, a contravention
constitutes a separate offense in respect of each day or part of a day on
which it continues.
4.6
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 that person is liable under the provisions
of this Bylaw or any other bylaw.
Bylaw 28-21
Page 5 of 7
4.7
Any Peace Officer who has reasonable and probable grounds to believe that
any person has contravened any provision of this Bylaw may issue and serve:
a)
a violation tag allowing a payment of the specified penalty to the Town; or
b)
a violation ticket allowing payment according to the provisions of the
Provincial Offences Procedure Act.
4.8
Service of a violation tag will be sufficient if it is:
a)
personally served; or
b)
served by regular mail to the person's last known mailing address.
4.9
If a violation ticket is issued in respect to an offence, the violation ticket may:
a)
specify the fine amount established by this Bylaw for the offence; or
b)
require a person to appear in Court without the alternative of making a
voluntary payment.
4.10
A person who commits an offence may:
a)
if a violation ticket is issued in respect of the offence; and
b)
if the violation ticket specified the fine amount established by this Bylaw for
the offence;
make a voluntary payment equal to the specified fine by delivering the violation
ticket and the specified fine to the provincial courthouse specified on the
violation ticket.
5.
SEVERABILITY
5.1
It is the intention of Council that each separate provision of this Bylaw shall be
deemed independent of all other provisions herein and it is the further intention
of Council that if any provision of this Bylaw is declared invalid, all other
provisions hereof shall remain valid and enforceable.
6.
GENERAL
6.1
Any person who contravenes any provision of this Bylaw by:
a)
doing any act or thing which the person is prohibited from doing; or
b)
failing to do any act or thing the person is required to do;
is guilty of an offence and any offence created pursuant to this Bylaw is a strict
liability offence for the purposes of prosecution under this Bylaw.
Bylaw 28-21
Page 6 of 7
6.2
Nothing in this Bylaw relieves a person from complying with any provision of
any federal or provincial law or regulation, other bylaw(s), or any requirement of
any lawful permit, order or licence.
6.3
Any heading, sub-headings, or tables of contents in this Bylaw are included for
guidance purposes and convenience only, and shall not form part of this Bylaw.
6.4
Words in the singular include the plural and words in the plural include the
singular.
6.5
This Bylaw is gender-neutral and, accordingly, any reference to one gender
includes the other.
6.6
All schedules attached to this Bylaw shall form a part of this Bylaw and may,
from time to time, be amended.
6.7
No provision of this Bylaw or any action taken pursuant to any provision of this
Bylaw shall restrict, limit, prevent or preclude the Town from pursuing any other
remedy in relation to a premises as provided by the Municipal Government Act,
or any other law of the Province of Alberta.
This Bylaw shall come into full force and effect upon third and final reading,
READ A FIRST TIME this 19th day of July, 2021.
READ A SECOND TIME this 19th day of July, 2021.
READ A THIRD TIME AND PASSED this 19th day of July, 2021.
Original Signed
__________________________________
Deputy Mayor
Original Signed
__________________________________
Chief Administrative Officer
Bylaw 28-21
Page 7 of 7
SCHEDULE "A"
PENALTIES
SECTION
OFFENCE
1st
OFFENCE
2ND/Sub
OFFENCE
3.1
Improperly store, handle, dispose of wildlife
attractants
250.00
500.00
3.2
Feed deer or other wildlife
250.00
500.00
3.3
Place bird feeder so as to be or become
accessible to deer or other wildlife
150.00
300.00
4.1
Willfully obstruct, hinder or interfere with
Peace Officer
500.00
1000.00