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Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 1
_____________________________________________________________
A BYLAW OF THE TOWN OF ONOWAY, IN THE PROVINCE OF ALBERTA, FOR THE
PURPOSE OF LICENSING, REGULATING AND CONTROLLING DOGS, CATS, WILD AND
DOMESTIC ANIMALS WITHIN THE MUNICIPAL BOUNDARIES OF THE TOWN OF
ONOWAY
WHEREAS, Section 7 and 8 of the Municipal Government Act, Chapter M-26, 2000 with amendments
in force as of April 1, 2018, provides that a Council of a Municipality may pass a bylaw for the safety,
health and welfare of people and the protection of people and property, nuisances, and the licensing
of animals and the licensing and activities in relation to wild and domestic animals;
AND WHEREAS, the Council of the Town of Onoway deems it in the best interest and the
protection of the animal owners and the public in general for the Town of Onoway to regulate
control of animal with it boundaries and to provide for the enforcement of the Dangerous Dogs
Act;
AND WHEREAS, the Council of the Town of Onoway deems it expedient to license dogs and cats in
the Town of Onoway and to hold an Animal List of all other animal that are held on property within
the municipal boundary of Onoway;
NOW THEREFORE, the Council of the Town of Onoway, in the Province of Alberta, duly assembled,
enacts as follows:
SECTION 1
TITLE
1.
This Bylaw may be cited as "The Town of Onoway Animal Control Bylaw".
SECTION 2
PURPOSES
2.
The purposes of this Bylaw shall be:
2.1
To prevent wild and domestic animals from becoming a nuisance in the Town of Onoway;
2.2
To prevent wild and domestic animals from endangering any person, other animal or
property within the Town of Onoway;
2.3
To prevent wild and domestic animals from creating a health hazard in the Town of
Onoway;
2.4
To permit responsible individuals to own a reasonable number of wild and domestic
animals in their homes;
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 2
2.5
To permit responsible business people to raise, harbor, and breed wild and domestic
animals under appropriate conditions;
2.6
To permit handicapped persons to keep trained dogs to assist them in their daily living;
and
2.7
To permit responsible business people and homeowners to keep trained animals as part
of business or personal security programs.
SECTION 3
DEFINITIONS
3.
For the purpose of this Bylaw:
3.1
"Animal" means a vertebrate other than a human (any wild and domestic animals, including
but not limited to pigs, sheep, cattle, horses, fowl, goats, fishes, amphians or reptiles);
3.2
"Animal Control Officer" means a Bylaw Enforcement Officer, Community Peace Officer,
Public Works Employee of the Town of Onoway or any person or persons appointed by
Council or the Municipal Manager to the position of Animal Control Officer whose duties entail
carrying out the provision of this Bylaw, and to inspect licenses as required by the Town
Council of Onoway and its administrative supervisors; and dealing with complaints, verbal
and written, documenting same and providing reports as required by the Town Council of
Onoway and its administrative supervisors;
3.3
"At Large" means off the premises of the owner or harbourer, not on a leash and/or not
under the immediate, continuous and effective control of a competent person. Without
limiting the generality of the foregoing, a wild or domestic animal shall be deemed to be at
large within the Town of Onoway if it is on any public street, land or park, or if it is on any
private property or premises within the Town of Onoway without the permission of the owner
or occupant, thereof;
3.4
"Abused" means any wild or domestic animal which is:
3.4.1
Mistreated, beaten, tormented or teased; or
3.4.2
Teased, tormented or annoyed by any animal; or
3.4.3
Deprived of water, food or shelter; or
3.4.4
Left unattended in a motor vehicle without adequate ventilation or temperature control; or
3.4.5
Kept under unsanitary conditions; or
3.4.6
Ignored, abandoned, or distressed; or
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 3
3.4.7
Trained for fighting other animals;
3.5
"Cat" means any male or female member of the species Felis catus or Felis domesticus
(Felidae Family);
3.6
"Collar" means any device made of leather, chain or other matter, capable of having metal
tags securely fastened to it and designed and solely intended to be worn around the neck or
leg of wild or domestic animals;
3.7
"Communicable Disease" means any disease due to an infectious agent, illness or toxic
product which is transmitted directly or indirectly to a well person or animal from an infected
animal and shall include, but is not limited to: distemper, rabies, canine parvo and/or
parainfluenza; as per the Animal Protection Act;
3.8
"Control" means the animal is:
3.8.1 Under immediate effective control of some person and restrained by a leash not exceeding
six (6) feet in length; or
3.8.2
Kept in a container, an enclosure or a motor vehicle;
3.9
"Council" means the duly elected Town Council for the Municipal Corporation of the Town
of Onoway;
3.10
"Day" means a continuous period of twenty four (24) hours or part thereof;
3.11
"Dog" means any male or female species of the Canidae family;
3.12
"Domestic Animal" means animals of a species of vertebrates or invertebrates that have
been domesticated by humankind so as to live and breed in a tame condition or which
depend on humankind for survival, or for agricultural use or for resale and shall include, but
not be limited to pigs, horses, sheep and poultry. It shall include such animals that have
been domesticated for and kept as pets and shall include but not be limited to cats, pigeons,
fishes, amphians, reptiles and rabbits;
3.13
"Guide Dog" means a specially trained dog kept by any handicapped person for the express
purpose of compensating for or ameliorating the effects of that person's handicap;
3.14
"Identification Tag" means a tag issued by the Town of Onoway to an owner who paid
the prescribed license fee and upon registration of a dog or cat as defined by this Bylaw.
Such identification tag, together with a dated receipt for the fees constitutes a license to
keep the animal described on the receipt;
3.15
"Keep" means to own, possess, harbor, maintain or have control or custody of an animal;
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 4
3.16
"Keeper" means a person who owns, possesses, harbors, maintains or has control or
custody of an animal;
3.17
"Kennel" means any one location, shelter, room, dwelling or place where three (3) or more
of the same animals (exception are fishes) are harboured at any time, except for premises
used for the care and treatment of animals operated by a qualified veterinarian nor does it
include premises known as the pound as defined by this Bylaw;
3.18
"Leash" means a lead not harmful to the animals and shall not be more than six (6) feet
long;
3.19
"License Fees" means the license issued under the provisions of this Bylaw for the Keeping
of an animal in the Town of Onoway, the amount is prescribed in "Schedule A" attached to
and forming part of this Bylaw and which may be amended from time to time by resolution
of Council;
3.20
"Municipal Manager" means the Chief Administrative Officer, who is duly appointed to
that position for the Town of Onoway at any given time and includes any person authorized
to act for and in the name of that individual;
3.21
"Municipality" means the Town of Onoway in the Province of Alberta;
3.22
"Offence Tag" means a ticket, tag or similar document issued for any bylaw offence as an
alternative to the issuance of a Summons;
3.23
"Owner" means and includes any keeper, person, partnership, associate or corporation,
owning, possessing or having charge of or control over any animals or harbouring or having
charge of any animal, or suffering or permitting any animal to remain about his or her house,
property or premises either temporarily or permanently and where the owner is a minor, the
person responsible for the custody of the minor;
3.24
"Peace Officer" means each and every member employed and duly sworn in as a Bylaw
Enforcement Officer or Special Constable Community Peace Officer in the Town of Onoway.
It shall also mean any R.C.M.P. officer;
3.25
"Police Dog" means a dog of any breed owned by the Royal Canadian Mounted Police for
the purpose of aiding in law enforcement and trained or in training for that purpose;
3.26
"Pound" means the premises designated by the Municipal Manager for the Town of Onoway
for the purpose of impounding all animals found to be at large in violation of this Bylaw and
caring for tagged animals whose owners are not available for the immediate return of the
animal;
3.27
"Pound Keeper" means the person or persons owning and/or operating a place designated
by the Municipal Manager of the Town of Onoway to be operated as a Pound;
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 5
3.28
"Public Nuisance" with respect to the activities of any animals includes but is not limited
to:
3.28.1 Biting a person or persons;
3.28.2 Chasing people, bicycles, automobiles or other vehicles;
3.28.3 Excess noise such as but not limited to barking, snarling, howling or otherwise disturbing any
person or animal;
3.28.4 Causing damage to property, other animals or person;
3.28.5 Upsetting waste receptacles or scattering the contents thereof; or
3.28.6 Being 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.
3.29
"R.C.M.P." means the Royal Canadian Mounted Police;
3.30
"Register" means a listing held by the Town of Onoway, which is acknowledgement of
animals other than dogs and cats, and which is kept for the purpose of public safety and to
facilitate return of registered animinals to owner of same; and
3.31
"Seeing Eye Dog" means a specially trained dog kept by any handicapped person for the
express purpose of compensating for or ameliorating the effects of that person's handicap;
3.32
"S.P.C.A." means the Society for the Prevention of Cruelty to Animals in the Province of
Alberta;
3.33
"Stray" means an animal without an owner who is responsible for the housing, feeding and
health of such animal;
3.34
"Vicious Animal" means an animal of any age, breed or gender which:
3.34.1 Shows or demonstrates a propensity, disposition or potential to attack or bite or injure,
without provocation, humans or other animals; or
3.34.2 Without provocation, chases, bites or attacks humans or other animals; or
3.34.3 Poses a continuing threat of serious harm to other animals or humans; or
3.34.4 Is bred or trained for the activity of "fighting"; or
3.34.5 Has been used by any person in the activity of "fighting"; or
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 6
3.34.6 Has been declared a Vicious Animal under this Bylaw or a Dangerous Animal under the
Dangerous Dogs Act;
3.35
"Violation Ticket" means a violation ticket as defined by this Bylaw;
3.36
"Wild Animal" mean animals that have not been domesticated for agricultural use.
SECTION 4
LICENSING AND REGISTER
4.
Provisions of licensing and register shall be:
4.1
All persons bringing any wild or domestic animal or animals (this section does not deal
with Dogs or Vicious Animal or Animals) within the boundaries of the Town of Onoway to
keep within the boundaries of the Town of Onoway shall license their dog or cat and
register them with the Town of Onoway. The owner of a dog or cat who doesn't license
and registered them shall have committed an offence under this Bylaw, and shall be
subject to a fine for the offence as per "Schedule B" attached to and forming part of this
Bylaw and which may be amended from time to time by resolution of Council; unless:
4.1.1 The dog is a puppy no more than six (6) months; (except if it is a vicious animal)
4.1.2 The cat is a kitten no more than twelve (12) weeks;
4.1.3 A license has been issued by the Town of Onoway with respect to that dog or cat and the
dog or cat is wearing a collar to which a "tag" evidencing the currency of the license is
firmly attached;
4.1.4 A Register form has been completed by the owner of an animal other than dog or cat at
the Town of Onoway;
4.2
A person who is a visitor to the Town of Onoway or is temporarily in the Town of Onoway
on business and keeps any animal in the Town of Onoway no more than fourteen (14)
days in any six (6) calendar months, or such further period as may be authorized by
written permission from the Town of Onoway Municipal Manager, must register the animal
with the Town of Onoway. The owner of an animal who doesn't register the animal shall
have committed an offence under this Bylaw, and shall be subject to a fine for the offence
as per "Schedule B", attached to and forming part of this Bylaw and which may be
amended from time to time by resolution of Council;
4.3
Every person who resides in the Town of Onoway and who is the owner or becomes an
owner of a wild and/or domestic animal and every person who takes up residence in the
Town of Onoway who is the owner of a wild and/or domestic animal shall register such
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 7
animals at the Office of the Town of Onoway on the first day when the Town of Onoway
Office is open for business;
4.4
Dog and Cat licenses must be obtained on the first day on which the Town of Onoway
Office is open for business after a:
4.4.1 Dog reaches the age of six (6) months;
4.4.2 Cat reaches the age of twelve (12) weeks;
4.5
All animals other than dogs and cats can be voluntarily registered at the Town of
Onoway Office (this section does not apply to Dogs or Vicious Animal or Animals);
4.6
All licenses and registrations are valid for the duration of the animal's life while in the
Town of Onoway boundary;
4.7
Dog and cat identification tags must be securely fastened to the dog or cat at all times.
The said dog or cat shall be deemed licensed. The identification tag shall be worn at all
times when the animal is in public; the license shall be deem invalid if not worn by the
animal;
4.8
If a dog or cat is not wearing a collar with a valid identification tag, the owner of the said
dog or cat shall be subject to a fine for allowing an un-licensed dog or cat to be at large,
as per "Schedule B" attached to and forming part of this Bylaw and which may be amended
from time to time by resolution of Council;
4.9
Each dog and cat is required to be licensed separately;
4.10
Animals other than dogs and cats can be registered in bulk for each type of animal;
4.11
Every Owner shall provide the Municipal Manager or Designate for the Town of Onoway with
the following information when registering any animals in accordance with this Bylaw and
the Town of Onoway Office shall maintain this information in a master registration book:
4.11.1 Name, address and telephone number of the Owner;
4.11.2 Name, breed, colour and sex of the animal to be registered;
4.11.3 Any identifying marks, microchip numbers or tattoos that may be distinctive for identification
purposes;
4.11.4 Proof, from a duly qualified veterinary surgeon, that the animal is spayed or neutered;
4.11.5 Proof of a valid and subsisting policy of liability insurance in the coverage in a minimum
amount of five hundred thousand ($500,000.00) dollars for injuries caused by the owner's
restricted dog or vicious animal. (if applicable)
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 8
4.11.6 Date of license purchase;
4.11.7 The number stamped on each identification tag or number issued to the owner;
4.11.8 The amount of fee paid by the owner; and
4.11.9 Such other relevant and necessary information as may be required by the Town of Onoway
in respect to the registration.
4.12
A registration fee shall be paid to the Town of Onoway for the registration of each dog and
cat;, such fee as set out in "Schedule A", attached to and forming part of this Bylaw and
which may be amended from time to time by resolution of Council;
4.13
Upon application by a person requiring the services of a Guide or Seeing-eye or Police Dog,
a license and identification tag shall be issued in respect of a bona fide Guide or Seeing-eye
or Police Dog without payment of fee to the owners of the dog;
4.14
Upon payment of the license fee, the Town of Onoway shall issue to the owner an
identification tag for each dog or cat registered. The identification tag shall be marked with
an identification number, corresponding to the identification number contained in the master
registration book of the Town of Onoway;
4.15
Should an identification tag be lost or destroyed the owner shall apply to the Town of Onoway
Office for a new identification tag which will be issued to the said owner at a cost as
established in "Schedule A" attached to and forming part of this Bylaw and which may be
amended from time to time by resolution of Council;
4.16
Non-Town residents who wish to purchase an identification tag for their dog or cat, to ensure
its identification should it be at large within the Town of Onoway boundary, may do so in the
same manner and at a cost as established in "Schedule A" attached to and forming part of
this Bylaw and which may be amended from time to time by resolution of Council;
4.17
Every Owner shall provide his/her dog and/or cat with a collar to which the owner shall affix
the identification tag for such dog and/or cat and the Owner shall ensure that the collar and
identification tag are worn by the dog and/or cat at all times when the dog and/or cat is at
any place other than the property of the Owner;
4.18
In no case shall an Identification tags issued under this Bylaw be transferable from one
animal to another. The owner of a dog or cat, that transfers the Identification Tag shall
have committed an offence under this Bylaw, and shall be subject to a fine for the offence
as per "Schedule B", attached to and forming part of this Bylaw and which may be
amended from time to time by resolution of Council;
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 9
4.19
A licensing fee paid to the Town of Onoway under this Bylaw shall not be refunded, in whole
or in part, because of the death, sale or disposition of the animal in respect of which the
licensing fee was paid or because the owner ceases to reside in the Town of Onoway;
4.20
Upon application by a new owner of an animal in respect to which a license and identification
tag has been issued under this Bylaw, the Town of Onoway shall transfer the
license/identification tag to the new owner without payment of any further fee. Such
application shall include presentation to the Town of Onoway of a current tag and receipt
and proof of purchase of the animal;
4.21
A Vicious Animal owner shall:
4.21.1 Obtain a vicious animal license, regardless of the age of the vicious animal. The owner of
the vicious animal who doesn't license and registered it shall have committed an offence
under this Bylaw, and shall be subject to a fine for the offence as per "Schedule B",
attached to and forming part of this Bylaw and which may be amended from time to time
by resolution of Council; and
4.21.2 Keep in force the Vicious Animal license; and
4.21.3 When application for a Vicious Animal license is made by an owner, the owner shall provide
proof of a valid and subsisting insurance policy of liability coverage in a minimum amount of
five hundred thousand ($500,000.00) dollars for injuries caused by the owner's vicious dog.
The owner of a vicious animal who doesn't obtain and hold a valid and subsisting insurance
policy shall have committed an offence under this Bylaw, and shall be subject to a fine for
the offence as per "Schedule B", attached to and forming part of this Bylaw and which
may be amended from time to time by resolution of Council; and
4.21.4 The registration fee shall be paid to the Town of Onoway for the registration of each Vicious
Animal, the fee to be the amount set out in "Schedule A", attached to and forming part of
this Bylaw and which may be amended from time to time by resolution of Council; and
4.21.5 Upon expiry or termination of the said liability policy the license issued for a Vicious Animal
shall automatically become null and void; and
4.21.6 No Vicious Animal is permitted to be "at large" in the municipal boundaries of the Town of
Onoway. The Owner of any animal found "at large" within the municipal boundaries of the
Town of Onoway shall have committed an offence under this Bylaw, and shall be subject to
a fine for the offence as per "Schedule B", attached to and forming part of this Bylaw and
which may be amended from time to time by resolution of Council;
4.22
The Town of Onoway shall cause to be created a series of tags made of durable material
and stamped or embossed with the name "Onoway", together with a serial number, which
tags shall be issued to owners of dogs and cats who pay the prescribed license fees and are
granted a license to keep a dog or cat within the Town of Onoway. A tag, with its unique
serial number, together with a dated receipt for fees paid, shall constitute the license required
under this Bylaw to keep a dog or cat.
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 10
SECTION 5
RESTRICTIONS AND RESPONSIBILITIES
5.
It shall be the responsibility the owners of all wild and domestic animals to ensure that:
5.1
No person shall keep or harbor more than two (2) animals of the same kind whatever sex
or age at the same time in any residential area or on properties smaller than one-half
(1/2) acre in size within the Town of Onoway boundaries nor shall they be allowed on the
Town of Onoway streets or parks, unless a Development Permit for operating a kennel
has been sought and obtained from the Town of Onoway as per their Land Use Bylaw.
(Specifically, a person may have two dogs, two cats, two hamsters and two rabbits at the
same time but no more than two of each kind of animal at one time.) Fish in an Aquarian
or pond are an exception to this regulation. The owner that keeps or harbors more than
two (2) animals of the same kind shall have committed an offence under this Bylaw, and
shall be subject to a fine for the offence as per "Schedule B", attached to and forming
part of this Bylaw and which may be amended from time to time by resolution of Council;
5.1.1 Any person who wishes to keep or harbor more than two (2) animals of the same kind
whatever sex or age at the same time in a non residential area or on a property larger
than one-half (1/2) acre in size within the Town of Onoway boundaries, are required to
obtain written permission from the Municipal Manager or Council, unless a Development
Permit for operating a kennel has been sought and obtained from the Town of Onoway
as per their Land Use Bylaw. The person that keeps or harbors more than two (2) animals
of the same kind who doesn't have written permission from the Municipal Manager or
Council or a valid Development Permit shall have committed an offence under this Bylaw,
and shall be subject to a fine for the offence as per "Schedule B", attached to and forming
part of this Bylaw and which may be amended from time to time by resolution of Council;
5.1.2 No animals, other than cats and dogs and other small pets, may be harboured on any
property smaller than one-half acre in size within the municipal boundaries, nor shall they
be allowed on municipal streets or parks, except by permission of the Municipal Manager.
5.2
No owner of any animal shall leave the animal's excrement/defecation (waste matter) on
public or private property other than the property of its owner. The excrement/defecation
shall be removed immediately. The owner of the animal who leaves and does not remove
immediately the animal excrement/defecation (waste matter) on public or private property
shall have committed an offence under this Bylaw, and shall be subject to a fine for the
offence as per "Schedule B", attached to and forming part of this Bylaw and which may
be amended from time to time by resolution of Council:
5.2.1 A handicapped owner of a registered guide dog or seeing eye dog is not subject to the
obligation imposed in paragraph 5.2;
5.2.2 Every person who keeps an animal on the animal owner private property within the Town
of Onoway shall regularly remove all exposed excrement/defecation (waste matter)
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 11
matter from the area and dispose of it in a sanitary manner and shall at all times maintain
the property in a sanitary condition satisfactory to the Bylaw Enforcement Officer or
Community Peace Officer of the Town of Onoway and Public Health Authorities, or be
subject to a fine as per "Schedule B";
5.3
No animal is permitted to be "at large" in the municipal boundaries of the Town of Onoway.
The Owner of any animal found "at large" within the municipal boundaries of the Town of
Onoway shall have committed an offence under this Bylaw, and shall be subject to a fine for
the offence as per "Schedule B", attached to and forming part of this Bylaw and which
may be amended from time to time by resolution of Council;
5.4
No animal shall bark or snarl or howl or in any other manner excessively disturb the quiet of
any person. The owner of any animal found to be barking or snarling or howling or in any
other manner excessively disturbing the quiet of any person shall have committed an offence
under this Bylaw, and shall be subject to a fine for the offence as per "Schedule B", attached
to and forming part of this Bylaw and which may be amended from time to time by
resolution of Council;
5.5
No animal that is suffering from or is suspected to be suffering from a communicable disease
shall not be allowed to be at large or to come into contact with other animals or humans.
The owner of said diseased animal shall ensure that the said diseased animal is kept locked
up securely and shall take such steps and precautions as are required by a veterinary surgeon
to prevent the transmission of the disease. Owners not taking these precautions shall have
committed an offence under this Bylaw, and shall be subject to a fine for the offence as per
"Schedule B", attached to and forming part of this Bylaw and which may be amended
from time to time by resolution of Council;
5.6
No animals shall be permitted to be a public nuisance by:
5.6.1
No Owner shall cause, allow, or permit another person to cause his/her Dog while on any
property to:
a) Bark at any person; or
b) Chase any person or vehicle; or
c) Attack any person; or
d) Chase, challenge, or attack any animal owned or being kept by another
person; or
e) Cause any damage or nuisance therein
f) the provisions of this section shall not apply to a blind person who is being
guided by a bona fide "Seeing Eye" or Guide Dog.
5.6.2 The Owner of any animals found doing any of the actions described in the preceding clauses
(5.6.1 a to f) shall have committed an offence under this Bylaw, and shall be subject to a
fine for the offence as per "Schedule B", attached to and forming part of this Bylaw and
which may be amended from time to time by resolution of Council;
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 12
5.7
The Owner of a female animal "in heat" shall not have such animal located where it is a
source of attraction to other male animals. Owners not taking these precautions shall have
committed an offence under this Bylaw, and shall be subject to a fine for the offence as per
"Schedule B", attached to and forming part of this Bylaw and which may be amended
from time to time by resolution of Council;
5.8
When a Vicious Animal is on the premises of its Owner, it shall be kept confined indoors
under the effective control of person of the age of eighteen (18) years or older, or shall be
confined in a securely enclosed and locked pen, or other structure constructed and secured
in such a fashion as to prevent the escape of the Vicious Animal, and to prevent the entry of
persons or animals unauthorized by the Owner. The pen 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 one (1) foot. Furthermore, the owner shall take all the
necessary step to ensure that is does not bite, chase, or attack any human or other animal
whether the person or animal is on the property of the owner or not. Owners not taking
these precautions shall have committed an offence under this Bylaw, and shall be subject to
a fine for the offence as per "Schedule B", attached to and forming part of this Bylaw and
which may be amended from time to time by resolution of Council;
5.9
When a Vicious Animal is off the premises of the Owner, it shall be under the effective control
of a person of the age of eighteen (18) years or older, securely muzzled, and shall be either
harnessed or leashed securely to effectively maintain immediate Physical Control and prevent
it from attacking or biting humans or other animals. This requirement shall not apply when
the Vicious Animal is in a building or enclosure in attendance at a bona fide animal show, or
confined in a pen or approved kennel. Owners not taking these precautions shall have
committed an offence under this Bylaw, and shall be subject to a fine for the offence as per
"Schedule B", attached to and forming part of this Bylaw and which may be amended
from time to time by resolution of Council; and
5.10
No person shall lead, ride or drive livestock on any parkland or street in the Town of Onoway
other than in a parade or if authorized by the Municipal Manager. Owners of livestock not
so authorized by the Municipal Manager shall have committed an offence under this Bylaw,
and shall be subject to a fine for the offence as per "Schedule B", attached to and forming
part of this Bylaw and which may be amended from time to time by resolution of Council.
SECTION 6
ANIMAL CONTROL OFFICER / POUND KEEPER
6.0
Empowerment and regulations for an Animal Control Officer and/or Pound Keeper are as
follows:
6.1
The Animal Control Officer and Pound Keeper shall be appointed by Council or the Municipal
Manager to the position of Animal Control Officer or Pound Keeper whose duties entail
carrying out the provision of this Bylaw;
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 13
6.2
Each Animal Control Officer and Pound Keeper shall be responsible to the Council and the
Municipal Manager for the ongoing administration, maintenance and operation of animal
control service within the Town of Onoway as contemplated by this Bylaw;
6.3
Where any animal is seen to be at large and it is apparent that no responsible person is
exercising control over the animal, the Animal Control Officers or Pound Keeper are
authorized to capture, trap, pen up, tether or impound any animals within the Town of
Onoway:
6.3.1
In respect of which he or she believes an offense under this Bylaw is being or has been
committed;
6.3.2
Any animals, regardless of breed, that are at large;
6.3.3
That which is named or described or otherwise designated in a complaint by any person as
creating a public nuisance;
6.3.4
That which is named or described or otherwise designated in a complaint made pursuant to
the Dangerous Dogs Act;
6.3.5
That which is actually or apparently affected with a Communicable Disease and the owner
refuses or fails to take adequate precautions to avoid danger to other persons or animals; or
6.3.6
No person shall attempt such capturing, penning or tethering unless it appears to be possible
without exposing any person to probable injury, and without undue injure to the animal;
6.4
The Animal Control Officer and Pound Keeper are authorized to enter any private property
or premises within the Town of Onoway without the permission of the owner or occupant,
in respect of which he or she believes an offense under this Bylaw is being or has been
committed;
6.5
The Animal Control Officer and Pound Keeper are authorized to take reasonable measures
to subdue and capture animals found to be in contravention of this Bylaw; and
6.6
No action shall be taken against any person acting under the authority of this Bylaw for
damages or destruction or other disposal of any animal.
6.7
An Enforcement Officer shall:
a) receive and impound any Dog seized under the provisions of the
Bylaw; and
b) keep a record of such Dog on a form approved by the Municipal
Manager; and
c) ensure that any Dog so impounded is provided with sufficient food
and potable water to maintain the health and comfort of Dog; and
d) provide the services of a veterinarian, as soon as practical, for
any Dog that appears to be ill or injured; and
e) ensure that no Dog while impounded, is unnecessarily
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 14
mistreated;
f) charge a fee for impoundment as specified in Schedule "A" of this
Bylaw.
6.8
It shall be the duty of the Enforcement Officer, and such other person or persons as may be
authorized by Council, to confine all Dogs captured for violation of this Bylaw in the pound
subject to the Owner's right to redeem the Dog within seventy-two (72) hours from the time
of the impounding upon payment of any fee owed as outlined in Schedule "B" of this Bylaw
to the Enforcement Officer or to the Pound Representative.
a) Notwithstanding Section 6.8 and pursuant to Section 7(2) of the Animal
Protection Act as amended from time to time, if, in the opinion of an
Enforcement Officer, the animal appears to be a purebred animal or if it bears
an obvious identification device, tatoo, brand mark, tag or license, the
applicable time limit under Section 7(2) of the Animal Protection Act shall be
ten (10) days after the date on which the animal was impounded.
6.9
The Enforcement Officer shall, if the Dog being impounded is wearing a Dog tag or any other
identification, make a conscientious effort to notify the Owner that the Dog has been
impounded and give said Owner a reasonable period of time to claim the Dog. An Owner
may redeem an impounded Dog upon payment to the Enforcement Officer or Pound
Representative of all fines, fees and costs prescribed in this Bylaw prior to release to the
Owner of any Dog.
6.10
In any case, where a Dog is found to be ill, has been injured or deemed unsuitable for
adoption and it has been determined by a veterinarian or Enforcement Officer that the Dog
should be euthanized, the Dog may be euthanized as soon as practical by a veterinarian or
Animal Control Officer.
6.11
Any Dog that has been impounded for longer than the period prescribed in this Bylaw may,
at the discretion of the Enforcement Officer, be adopted, placed with an Animal Rescue
organization, or euthanized.
SECTION 7
OBSTRUCTION OF THE ANIMAL CONTROL OFFICER OR POUND
KEEPER
7.
No person, whether or not he or she is the owner of the animal which is being or has been
pursued or captured, shall:
7.1
Interfere, hinder, delay attempt or obstruct an Animal Control Officer or Pound Keeper who
is attempting to capture or who has captured any animal in accordance with the provisions
of this Bylaw. The person who interferes, hinders, delays attempt or obstructs an Animal
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 15
Control Officer or Pound Keeper who is attempting to capture or who has captured any
animal shall have committed an offence under this Bylaw, and shall be subject to a fine for
the offence as per "Schedule B", attached to and forming part of this Bylaw and which
may be amended from time to time by resolution of Council;
7.2
Negligently or willfully tamper with or unlock or unlatch or otherwise open any vehicle or pen
or enclosure in which an animal captured for impoundment has been placed so as to allow
or attempt to allow such animal to escape there from. The person who negligently or willfully
tampers with or unlocks or unlatches or otherwise opens any vehicle or pen or enclosure in
which an animal captured for impoundment have been placed so as to allow or attempt to
allow such animals to escape shall have committed an offence under this Bylaw, and shall
be subject to a fine for the offence as per "Schedule B", attached to and forming part of
this Bylaw and which may be amended from time to time by resolution of Council;
7.3
Remove, or attempt to remove, any animal from the possession of an Animal Control Officer
or Pound Keeper who is in the process of carrying out his/her duties under this Bylaw. The
person who removes, or attempts to remove, any animal from the possession of an Animal
Control Officer or Pound Keeper who is in the process of carrying out his / her duties shall
have committed an offence under this Bylaw, and shall be subject to a fine for the offence
as per "Schedule B", attached to and forming part of this Bylaw and which may be
amended from time to time by resolution of Council;
7.4
Induce or persuade any animal to enter a house or other place where it may be safe from
capture by the Animal Control Officer or Pound Keeper; or otherwise assist any animal escape
capture. The person who induces or persuades any animal to enter a house or other place
where it may be safe from capture by the Animal Control Officer or Pound Keeper; or
otherwise assists any animal escape capture shall have committed an offence under this
Bylaw, and shall be subject to a fine for the offence as per "Schedule B", attached to and
forming part of this Bylaw and which may be amended from time to time by resolution of
Council; and
7.5
Negligently or willfully, open any gate, door or other opening in a fence or enclosure in which
an animal has been confined; or otherwise obstruct any animal's confinement, thereby
allowing the said animal to be at large within the Town of Onoway. The person who
negligently or willfully opens any gate, door or other opening in a fence or enclosure in which
an animal has been confined; or otherwise obstructs any animal's confinement, thereby
allowing the said animal to be at large within the Town of Onoway, shall have committed an
offence under this Bylaw, and shall be subject to a fine for the offence as per "Schedule B",
attached to and forming part of this Bylaw and which may be amended from time to time
by resolution of Council.
SECTION 8
CONTROLS AND CARE OF ANIMALS
8.
The control and care of animals is everyone's responsibility;
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 16
8.1
No person, being the owner or a person in charge of an animal or Animal Control Officer or
Pound Keeper, shall be permitted to abuse an animal. The person who abuses any animal
shall have committed an offence under this Bylaw, and shall be subject to a fine for the
offence as per "Schedule B", attached to and forming part of this Bylaw and which may
be amended from time to time by resolution of Council;
8.2
No person, being the owner or a person in charge of an animal, shall permit it to be at large
within the Town of Onoway;
8.3
No person, being the owner or a person in charge of an animal, shall permit it to be a public
nuisance;
8.4
No person, being the owner or a person in charge of an animal, shall permit the animals to
attack, threaten, bite, chase or otherwise injure or intimidate any other person or animal;
8.5
If a complaint is received that an animal has attacked, threatened, bitten, chases or
otherwise injured or intimidated any person, animal or transportation unit, the Animal Control
Officer or R.C.M.P. shall investigate the complaint and if the complaint appears to be justified
and such action warranted, may:
8.5.1
Issue to the owner a Violation Ticket or a Notice to Appear before a judge of the Provincial
Court or Alberta according to the provision of this Bylaw;
(a) Any Animal Control Officer or R.C.M.P may deem the dog vicious.
8.5.2
Seize and impound the animal, and may:
8.5.2.1 Release the animal to the owner upon being satisfied that all requirements of this Bylaw have
been met and that adequate precautions have been taken to prevent any reoccurrence of
the offence, or
8.5.2.2 Impound that animal or apply to a court for an order that the animal be removed from the
Town of Onoway limits or that it be destroyed;
8.6
If a complaint is received that an animal is being a public nuisance, the Animal Control Officer
shall investigate the complaint and if the complaint appears justified, shall notify the owner
of the animal of the complaint, and shall direct the owner to prevent the animal from doing
those things that created a public nuisance; and
8.7
If, after having received such notification, the owner fails to prevent his animals from again
being a public nuisance, the Animal Control Officer shall issue to the owner a Violation Ticket.
SECTION 9
VICIOUS ANIMALS
9.
Any person who harbors within the Town of Onoway limits a Vicious Animal shall:
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 17
9.1
Immediately bring this to the attention of the Town of Onoway Office; and
9.2
Prominently display at the front and rear entrances to his or her property, a sign stating
"Beware of Dog" or "Beware of Vicious Animal". Failure to display proper signs at the front
and rear entrance of the property shall be considered to have committed an offence under
this Bylaw, and shall be subject to a fine for the offence as per "Schedule B", attached to
and forming part of this Bylaw and which may be amended from time to time by resolution
of Council; and
9.3
The owner of an Animal, which the owner has any reason to believe may be a Vicious Animal,
shall keep such animal in accordance with all provision of this Bylaw which apply to a Vicious
Animal unless and until the Animal Control Officer has determined that the animal is not a
Vicious Animal and has so advised the owner in writing;
9.4
If the Pound Keeper, Police Constable, Municipal Manager or a Bylaw Enforcement Officer
determines or believes on reasonable grounds that an animal is a Vicious Animal, either
through personal observation or on the basis of facts determined after an investigation
initiated by a complaint, he or she shall:
9.4.1
Have the Bylaw Enforcement Officer issue the owner with a written notice that the animal
has been determined to be a Vicious Animal; and
9.4.2
Require the Owner comply with all the provisions of this Bylaw with respect to a Vicious
Animals; and
9.4.3
Inform the Owner that if the Vicious Animal is not kept in accordance with this Bylaw, the
Owner will be fined, or subject to enforcement action pursuant to this Bylaw;
9.5
Where the owner of an animal that has been determined to be a Vicious Animal produces
information to the Municipal Manager of the Town of Onoway that may alter a determination
made under Section 9.4 the Municipal Manager shall, as soon as is reasonably possible, cause
the matter to be reviewed and make a final determination; and
9.6
In addition to the remedies set forth in this bylaw, if the Municipal Manager of the Town of
Onoway, Bylaw Enforcement Officer or Police Constable determines that a Vicious Animal is
not being kept in accordance with this Bylaw, he or she may:
9.6.1
Make application to the court for an order directing that such Vicious Animal be controlled in
accordance with this Bylaw; be destroyed or be removed from the Town of Onoway; or
9.6.2
Make a complaint pursuant to the Dangerous Dogs Act, for an order directing the Vicious
Animal be controlled or destroyed.
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 18
SECTION 10
KENNEL
10.
Kennel restrictions and regulations:
10.1
No person shall operate a kennel within the boundaries of the Town of Onoway without first
obtaining a development permit and a Kennel License. Failure to obtain a development
permit and a Kennel License shall be deemed to have committed an offence under this Bylaw,
and shall be subject to a fine for the offence as per "Schedule B", attached to and forming
part of this Bylaw and which may be amended from time to time by resolution of Council;
10.2
All Kennel Licenses shall be valid only for the period January 1st to December 31st in the year
for which the license is issued. A person holding an expired license shall be deemed to have
no license;
10.3
The fees for a Kennel License within the Town of Onoway shall be in accordance with
"Schedule A" attached to and forming part of this Bylaw and which may be amended from
time to time by resolution of Council;
10.4
Any person harboring or keeping more than two animals (as per 5.1) in a single place shall
be deemed to operating a kennel;
10.5
The Town may issue a Kennel License upon the application of any person provided that the
proposed kennel otherwise meets the requirements of all other applicable municipal
legislation and, in particular, the Land Use Bylaw and any conditions imposed thereunder;
10.6
The Town of Onoway will shall not issue a Kennel License for any person to operate a kennel
when, in the opinion of the Town of Onoway, operation of the kennel would interfere with
the use and enjoyment of any property located within 100 meters of the proposed site of the
kennel.
10.6.1 In forming such opinion the Town of Onoway may advise property owners within the 100
meters of the proposed kennel of the application and may seek advice from any person;
10.7
The Town of Onoway, shall within 60 days of any application for a Kennel License either:
10.7.1 Grant the Kennel License; or
10.7.2 Advise the applicant in writing that the license is refused and the reason or reasons for such
refusal;
10.8
After issuance of a Kennel License, should the Town of Onoway receive bona fide complaints
from two (2) or more neighbors living within 100 meters of a kennel, it shall conduct an
inquiry to determine if the kennel is being operated according to the provisions of all
applicable legislation and if it is not being so operated, shall advise the operator of any
infractions or deficiencies and the operator shall have 14 days within which to correct such
infractions or deficiencies;
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 19
10.8.1 When the operator of a kennel has been advised of the infractions of legislation or
deficiencies with respect to the operation of his or her kennel, and has been given time to
correct such infractions or deficiencies and has failed to correct the same, then the Town of
Onoway may revoke or refuse to renew the Kennel License of the operator and may impose
other penalties provided under this Bylaw;
10.9
When a Kennel License has been issued to a person who operates the kennel according to
all applicable legislation or who, on notice corrected any infractions or deficiencies, then the
Town of Onoway shall not revoke or refuse to renew the Kennel License of that person
without first giving that person one year written notice of the intention of the Town of
Onoway to revoke or refuse to renew the Kennel License;
10.10 Any enclosure or pen shall:
10.10.1 Have a secure top attached to all sides;
10.10.2 Have a secure bottom effectively attached to the sides;
10.10.3 The sides shall be buried in the ground to a minimum depth of thirty (30) centimeters or
imbedded in a concrete pad;
10.10.4 Be of sufficient height, strength and stability to contain the animal;
10.10.5 Form a confined area with no side in common with a perimeter fence;
10.10.6 Have a gate which is self-closing and has a lock;
10.10.7 Be capable of containing an animal in a secure and humane manner;
10.10.8 Be approved by the Bylaw Enforcement Officer of the Town of Onoway; and
10.11 Owners who fail to comply with paragraph 10.10 shall be deemed to have committed an
offence under this Bylaw, and shall be subject to a fine for the offence as per "Schedule B",
attached to and forming part of this Bylaw and which may be amended from time to time
by resolution of Council.
SECTION 11
IMPOUNDMENT
11.
Provision of Impoundment:
11.1
It shall be the responsibility of the Municipal Manager to establish one or more pounds for
the impounding or keeping of animals captured. The said Municipal Manager is hereby
authorized and empowered to make all such rules and regulations, not inconsistent with this
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 20
Bylaw and the rules and regulations of the S.P.C.A. as he/she shall consider necessary for
the conduct or regulation of such pound or pounds. The Town of Onoway shall enter into
an agreement and appoint a pound keeper and such other person as it shall deem necessary
for the carrying into effect of the provisions of this Bylaw and make such rules and
regulations, for their conduct as it deems necessary;
11.2
It shall be the duty of the Animal Control Officer, and such person or persons as shall be
authorized and appointed by Council or the Municipal Manager to capture or place traps for
animals found at large within the limits of the Town of Onoway contrary to the provisions of
this Bylaw or found upon any street or in any public place in the Town of Onoway and to
impound same in said pound, and the said animal impounded shall be kept there confined
subject to the owner's or possessor's right to redeem same within seventy two (72) hours
from the time of their capture, excluding Weekend and Statutory holidays;
11.3
The impounded animal shall not be released from said pound unless the owner or possessor
can present to the satisfaction of the pound keeper that he/she has paid all fines and pound
fees, as set out in "Schedule B" and has obtained the necessary clearance from the Animal
Control Officer or the Municipal Manager and that a license has been obtained with respect
to such animal;
11.4
Any person authorized by this Bylaw to enforce the provisions contained herein may enter
into the land surrounding any building in pursuit of any animals which been at large;
11.5
The Animal Control Officer or any other person or persons duly qualified to handle a
tranquilizer gun is herby authorized, when all normal attempts to capture an animal have
failed and the animal poses a serious and imminent threat to the public, to use a tranquilizer
gun in order to effect the animal's capture;
11.6
Each animal impounded under the provisions of this Bylaw shall be subject to an impounding
fee as set down by the Pound Keeper. The above mentioned fees shall apply for each and
every day of confinement to a maximum of seventy two (72) hours as is fore-stated;
11.7
After seventy two (72) hours of confinement if no owner or the municipality shall appear at
the pound to claim the animal, the said animal shall be destroyed or otherwise disposed of,
by sale;
11.8
Immediately after the seventy two (72) hours pursuant to Section 11.7 of this Bylaw, the
property interest of any owner of the impounded animal shall be deemed to have been
extinguished, and full ownership to have been vested to the Veterinary Clinic;
11.9
The purchaser of an animal from the Pound pursuant to the provisions of this section of the
Bylaw shall obtain full right and title to it and the right and title of the former owner of the
animal shall cease thereupon;
11.10 It shall be the duty of the Animal Control Officer to attempt, to the best of his/her abilities,
to ascertain the name of the owner of any impounded animal. Upon obtaining the name of
the said owner, the Animal Control Officer or Pound Keeper shall serve the said owner with
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 21
a Notice of Impoundment, either by serving said notice personally or by sending said notice
by mail to the last known address of said owner;
11.11 If the said notice is mailed to the owner, the said owner will have been deemed to have
received the said notice within forty eight (48) hours from the time of mailing;
11.12 The Animal Control Officer shall report any apparent communicable disease, illness, injury,
unhealthy conditions or other signs of distress of any dog or domestic animals impounded to
a veterinary surgeon or the S.P.C.A. and act upon their recommendations. The Owner shall
be responsible for all charges resulting from any veterinary examinations and reaction to the
Owner's dog or animal;
11.13 The Animal Control Officer, with the Municipal Manager's authorization, may retain or order
the retention of any animal for a longer period of impoundment if in his/her opinion; the
circumstances warrant the expense of extending the impoundment;
11.14 The Animal Control Officer and such person or persons as shall be authorized and
appointment by Council or the Municipal Manager may place humane trap or traps for the
capture of animal, in areas where there are serious health and safety concerns about the
number of stray or wild animals;
11.15 The property owner where the humane trap or traps been placed will be asked to check on
the trap for any animal that been caught, and to inform the Animal Control Officer of such;
11.16 The Animal Control Officer and such person or persons authorized to set the traps are to
deliver all trapped animals to:
11.16.1 The owner, if there is an Identification Tag on the animal. If the owner is not immediately
available or at home the animal shall be taken to the pound;
11.16.2 The lagoon site, if the animal is a skunk or porcupine or any species of wild animals that
normally live in a treed area;
11.16.3 The designated pound, if the animal has not been stated above.
SECTION 12
RECLAIMING OF IMPOUNDED ANIMALS
12.
Provision of Reclaiming of Impounded animals:
12.1
The owner of any licensed impounded animals may reclaim the animals from the pound,
provided:
12.1.1 The owner does so within seventy two (72) hours from the time of impoundment excluding
Weekends and Statutory Holidays, or before the animal has been sold or disposed of; and
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 22
12.1.2 The owner has paid for the impoundment fees and veterinary fees as set out in "Schedule
A", which is attached hereto and forms part of this Bylaw and which may be amended from
time to time by resolution of Council, and
12.1.3 The owner also must show proof of having obtained a license for the animals as required
by this Bylaw;
12.2
The owner of any unlicensed impounded animal may reclaim the animal from the pound
provided:
12.2.1 The owner does so within seventy two (72) hours from the time of impoundment excluding
Weekends and Statutory Holidays, or before the animal has been sold or disposed of; and
12.2.2 The owner has paid for the impoundment fees and veterinary fees as set our in "Schedule
A", which is attached hereto and forms part of this Bylaw and which may be amended from
time to time by resolution of Council, and
12.2.3 The owner has paid for the penalty or penalties set out in "Schedule B", which is attached
hereto and forms part of this Bylaw and which may be amended from time to time by
resolution of Council, and
12.2.4 The owner obtains a license for the animal as required by this Bylaw;
12.3
Notwithstanding the foregoing, the owner of an animal may not redeem such animals if
the Animal Control Officer has reasonable grounds to believe and does believe that the
animal is a Vicious Animal and that the owner has failed to comply with the provision of
this Bylaw respecting Vicious Animal. Where the Animal Control Officer believes that any
animal is a Vicious Animal, he/she may make application for an order directing that the
animal be controlled or destroyed;
12.4
No Vicious Animals may be resold by the Animal Control Officer to any person who intends
to keep the Vicious Animal within the Town of Onoway boundaries; and
12.5
An owner surrendering an animal shall sign a release form and pay the fees as per
"Schedule A", which is attached hereto and forms part of this Bylaw and which may be
amended from time to time by resolution by Council.
SECTION 13
ENFORCEMENT ON CERTAIN PRIVATE PROPERTIES
13.
Provision of Enforcement on Certain Private Properties:
13.1
The Town of Onoway may agree to patrol and enforce provisions of this Bylaw on private
property including condominium sites, mobile home parks and commercial site, etc upon the
following conditions:
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 23
13.1.1 The Owner of the private property shall make a written request to the Municipal Manager
that this bylaw be enforced on its property; and
13.1.2 The Owner of the private property shall agree to relieve the Town of Onoway or its
employees from any liability claim and save the Town of Onoway or its employees harmless
from any and all legal actions which may arise as a result of the Town of Onoway or its
employees enforcing this Bylaw on its property, excepting when such legal actions arise due
to the negligence of the Town of Onoway or it employees; and
13.1.3 The Private Property Owner shall delivery a "site plan" of the property in question to the
Municipal Manager;
13.2
Notwithstanding this section, for the purpose of enforcement of this Bylaw, but not for the
purpose of investigation only, the Animal Control Officer is authorized to enter into any
premises, including privately owned premises, at any time, provided however, that the word
"premises" does not include that part of a interior building used as a dwelling house or
business.
SECTION 14
OFFENCE TAG
14.
Provision of Offence Tag:
14.1
The Animal Control Officer, Pound Keeper, Police Officer, Bylaw Enforcement Officer or
Community Peace Officer may enforce the provisions of the Bylaw and is hereby authorized
and empowered to issue an Offence Tag to any Person who contravenes any provisions of
this Bylaw.
14.2
Any Offence Tag shall be in a form approved by the Municipal Manager and shall state:
14.2.1 The Name of the offender; and
14.2.2 The offence; and
14.2.3 The appropriate fine for the offence as specified in "Schedule B" of this Bylaw; and
14.2.4 That the fine shall be paid within seven (7) days of the issuance of the Offence Tag;
14.3
Where a contravention of this Bylaw is of a continuing nature, further Offence Tags for the
same offence may be issued by the Animal Control Officer, provided however, that no more
than one Offence Tag (for the same offence) shall be issued for each day that the
contravention continues;
14.4
Where an Offence Tag is issued pursuant to this Bylaw the person to whom the Offence Tag
is issued may, in lieu of being prosecuted for the offence, pay to the Town of Onoway the
amount specified on the Offence Tag;
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 24
14.5
The Offence Tag may be issued by personally serving it upon the alleged offender, or by
leaving it at the residence of the alleged offender with any adult member of the family of the
owner or harborer who is at least sixteen (16) years of age, or by sending the Offence Tag
to the alleged offender by mail to his/her last known address;
14.6
If the owner or harborer of any animals fails to pay the amount mentioned on the Offence
Tag, within the time limited, the provisions of the foregoing shall no longer apply and the
alleged offender shall be liable for payment.
14.7
If the owner or harborer of the said animal that is liable for payment and has not done so by
the time limited and is a property owner shall have the payment (fine) place on his/her tax
notice;
14.8
If the owner or harborer of the said animal that is liable for payment and has not done so by
the time limited and is not a property owner shall be liable to prosecution in accordance with
Canada and Alberta Laws and Justice;
14.9
Any person to whom an Offence Tag has been issued may exercise his/her rights to defend
any charge of committing a contravention of any of the provisions of this Bylaw;
14.10 Any person may lay an information and complaint against any person for committing a breach
of any section of the Bylaw; and
14.11 Any proper officer or official of the Town of Onoway or Crown Prosecutor may lay an
information or complaint in response of any breach by any person of any of the provisions
of this Bylaw, if such Officers or Officials deems such procedure to be in the interest of
Justice.
SECTION 15
VIOLATIONS TICKET
15.
Provision of Violation Ticket:
15.1
Violation Ticket - instead of the procedure specified in the Criminal Code of Canada for the
laying of an Information and the issuing of a summons, the procedure as set out in the
Provincial Offenses Procedures Act revised statutes of Alberta and amendments thereto, Part
2, Summary Violation Tickets, or Part 3, Offense Notice Violation Tickets, as the case may
be, may be followed with respect to violations occurring under this Bylaw;
15.2
If the fine specified on an Offence Tag is not paid within the prescribed time period then an
Animal Control Officer is hereby authorized and empowered to lay a complaint and issue a
Summons by means of a Violation Ticket;
SECTION 16
SUMMARY CONVICTION
16.
Provision of Summary Conviction:
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 25
16.1
A person is a party to and guilty of an offence who:
16.1.1 Actually commits the offence; or
16.1.2 Does or omits an act for the purpose of aiding a person to commit an offence; or
16.1.3 Abets a person in the commission of the offence; or
16.1.4 Councils or procures a person to commit an offence;
16.2
Any person who contravenes any provision of this Bylaw is guilty of an offence. Except
as otherwise provided by this Bylaw for which a penalty is not otherwise provided, a
person is liable on summary conviction to a fine of not more than $2,500.00 and in default
of payment is liable to imprisonment for a term not exceeding six months or to both such
fine and imprisonment;
16.3
All licenses, fines and fees are to be paid before any animal is released from the Pound;
and
16.4
Nothing in this Bylaw shall be read or construed as:
16.4.1 Preventing any person from exercising his/her right to defend an allegation that he/she
has committed an offence under this Bylaw;
16.4.2 Preventing an Animal Control Officer from issuing a violation ticket or otherwise initiating
Court process in any other manner permitted by law, in respect of an alleged offence.
SECTION 17
SEVERABILITY
17.
In the event any provision of this Bylaw shall be declared or deemed to be invalid, then
such invalid provision shall be severed and the remaining Bylaw shall remain in full force
and effect.
SECTION 18
ORDERS
18.1
Every Order written with respect to this Bylaw must:
a) Indicate the person to whom it is directed;
b) Identify the person to whom the Order relates by municipal address or legal description;
c) Identify the date it was issued;
d) Identify how the property fails to comply with this or other Municipal Bylaws;
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 26
e) Identify the specific provisions of the Bylaw the person contravenes;
f) Identify the nature of the action required to be taken to be compliant;
g) Identify the time within which the action must be completed;
h) Indicate that if the required action is not completed within the time specified, the Town
of Onoway may take whatever action or measures necessary to remedy the contravention;
i) Indicate expenses and costs of any action or measures taken by the Town of Onoway
under this Section area an amount owing to the Town of Onoway by the person to whom
the Order is directed.
18.2
Every Order written in respect to provisions of another Bylaw must contain the same
information as set out in Section 18.1, modified as necessary in the context of that
Bylaw.
18.3
An Order pursuant to this Bylaw will be deemed to have been served on the Owner or
Occupant when the Order has been:
a) personally delivered to the Owner or Occupant;
b) left for the Owner or Occupant at his or her residence with a person on the premises
who appears to be at least eighteen (18) years old;
c) sent via registered mail addressed to the last known postal address of the Owner or
Occupant; or
d) Posted in a conspicuous place on the property referred to on the Order when the
Enforcement Officer has reason to believe:
i) that the owner or occupant to whom the Order is addressed is evading service
or;
ii) No other means of service is available;
e) if an order is sent via registered mail as referred to in Section 18.3(c) then it is
deemed to be received by the Owner or Occupant five (5) business days after the Order
was mailed.
18.4
A person who fails to comply with an Order under Section 18 of this Bylaw is guilty of an
offence and liable on summary conviction before a Provincial Court Judge, to fines as
listed in Schedule "B" of this Bylaw.
18.5
If the Enforcement Order determines that a Vicious Dog or Guard Dog is not being kept
in accordance with this Bylaw, the Enforcement Officer may:
a) Make an application pursuant to Section 545 of the Municipal Government Act, for an
Order directing that the Owner keep such Dog in accordance with this Bylaw or that the
Dog be removed from the Town of Onoway; or
b) Make a complaint pursuant to the Dangerous Dogs Act (Alberta) for an Order
directing that the Dog be Controlled, destroyed or removed from the Town of Onoway.
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 27
SECTION 19
RESCINDS AND EFFECTIVE DATE OF BYLAWS
19.
That Bylaw 782-21 shall be repealed on date of final passing.
19.1
That this bylaw shall come into force and effective on the date of the third and final
reading.
Read a first time on this 10th day of March, 2022.
Read a second time on this 10th day of March, 2022.
Unanimous Consent to proceed to third reading on this 10th day of March, 2022.
Read a third and final time on this 10th day of March, 2022.
Signed this 10th day of March, 2022.
Signed by Mayor Lenard Kwasny
Signed by Wendy Wildman
Chief Administrative Officer
SCHEDULE "A"
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 28
LICENSE FEES
Items
Amount
Each un-spayed Female Dog
$100.00 (Lifetime Fee per Owner)
Each un-neutered Male Dog
$100.00 (Lifetime Fee per Owner)
Each spayed Female Dog
Upon production of a certificate from a duly qualified veterinary
surgeon
$50.00 (Lifetime Fee per Owner)
Each neutered Male Dog
Upon production of a certificate from a duly qualified veterinary
surgeon
$50.00 (Lifetime Fee per Owner)
Dog Guides / Seeing Eye Dogs / Police Dogs
No Charge
Replacement Dog Tag
Except for Dog Guides or Seeing Eye Dogs
$10.00 (Each Occurrence)
Each un-spayed Female Cat
$100.00 (Lifetime Fee per Owner)
Each un-neutered Male Cat
$100.00 (Lifetime Fee per Owner)
Each spayed Female Cat
Upon production of a certificate from a duly qualified veterinary
surgeon
$50.00 (Lifetime Fee per Owner)
Each neutered Male Cat
Upon production of a certificate from a duly qualified veterinary
surgeon
$50.00 (Lifetime Fee per Owner)
Replacement Cat Tag
$10.00 (Each Occurrence)
Surrendering of Animal
$50.00 (Each Animal)
Vicious Animal
Upon production of a valid and subsisting insurance policy of
liability coverage in a minimum amount of five hundred
thousand ($500,000.00) dollars for injuries caused by the
owner's vicious animal
$500.00 (Lifetime Fee per Owner)
Pound or Kennel Operation
Veterinary do not require a license
$100.00 (per year)
Pound or Kennel
As set by pound keeper for every
twenty four (24) hours period or
fraction thereof the animal been
impounded
Veterinary
As set by the Veterinary Clinic
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 29
Animal List
No Charge
SCHEDULE "B"
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 30
OFFENCE TAGS
FINES AND PENALTIES
Section
Offence
1st
Offence
2nd
Offence
3rd Offence
And
Subsequent
Offence
4.1
Failure to register or license their cat or cats or dog
or dogs within the boundaries of the Town of
Onoway
(Does not included Vicious Dogs)
100.00
200.00
400.00
4.2
Failure to register their animal while on a
temporary stay in the Town of Onoway
100.00
150.00
200.00
4.8
Failure of a dog or cat to be wearing a collar with
a valid tag while not on the property of the owner
100.00
150.00
200.00
4.18
Transfer of Identification tag from one animal to
another
100.00
150.00
200.00
4.21.1
Failure to obtain a vicious animal license, regardless
of the age of the vicious animal
500.00
750.00
1,000.00
4.21.3
Failure to obtain a valid and subsisting insurance
for a vicious animal
500.00
750.00
1,000.00
4.21.6
Allowing/Permitting vicious animal to be "at large"
500.00
750.00
1,000.00
5.1
Keeping or harboring more than two (2) animals of
the same kind in a residential area or on a property
that is less than ½ acres
100.00
150.00
200.00
5.1.1
Keeping or harboring more than two (2) animals
of the same kind in a non residential area or on a
property that is more than ½ acres without
permission
100.00
150.00
200.00
5.2
Failure to removed immediately any animal
excrement/defecation (waste matter) on public or
private property
100.00
150.00
200.00
5.3
Allowing/Permitting an animal to be "at large" (not
vicious animals)
250.00
500.00
750.00
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 31
5.4
Barking or snarling or howling or disturbing the
quiet or peace of any person
100.00
150.00
200.00
5.5
Communicable diseased animal at large or in
contact with other animals or humans or not taken
all
precautions
that
a
veterinary
surgeon
prescribed
100.00
150.00
200.00
5.6.1
Bite, attempt to bite, bark at, chase livestock or
other domestic animal or person, chase vehicle,
or cause any damage or nuisance thereon
500.00
750.00
1000.00
5.7
Animal "in heat" improperly confined
100.00
150.00
200.00
5.8
Vicious animal not confined properly on owner's
property
500.00
750.00
1,000.00
5.9
Vicious animal not confined properly while off
owner's property
500.00
750.00
1,000.00
5.10
No authorization received by Municipal Manager
100.00
150.00
200.00
6.8/ 6.9 Impound Fees
Fees
subject
to
pound
rates
Fees
subject
to
pound
rates
Fees subject
to animal
pound rates
7.1
Interfere, hinder, delay attempt or obstruct an
Animal Control Officer or Pound Keeper
100.00
150.00
200.00
7.2
Negligently or willfully tamper with or unlock or
unlatch or otherwise open any vehicle or pen or
enclosure in which an animal been impoundment
to allow or attempt to allow such animals to escape
100.00
150.00
200.00
7.3
Remove, or attempt to remove, any animal from the
possession of an Animal Control Officer or Pound
Keeper who is in the process of carrying out his/her
duties
100.00
150.00
200.00
7.4
Induce or persuade any animal to enter a house or
other place where it may be safe from capture by
the Animal Control Officer or Pound Keeper; or
otherwise assist any animal escape capture
100.00
150.00
200.00
Bylaw #796-22
Animal Control Bylaw
Municipal Government Act, Chapter M-26, RSA 2000, Section 7 and 8
Town of Onoway Animal Control Bylaw Page 32
7.5
Negligently or willfully open any gate, door or other
opening in a fence or enclosure in which an animal
has been confined; or otherwise obstruct any
animal's confinement, thereby allowing the said
animals to be at large within the Town of Onoway
100.00
150.00
200.00
8.1
Abuse of an animal
500.00
750.00
1000.00
9.2
Failure to display at front and rear entrance
"Beware of Dog" or "Beware of Vicious Animal"
signs
100.00
150.00
200.00
10.1
Failure to obtain a kennel license or development
permit to operate a kennel
100.00
200.00
500.00
10.10
Non conforming enclosure or pen
100.00
150.00
200.00
18.4
Failure to Comply with Order
500.00
750.00
1000.00
APPLICABLE VETERINARIAN EXPENSES WILL BE
ADDED TO ANY FINE OR FEE SPECIFIED ABOVE,
WHERE APPLICABLE