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BYLAW NO. 1810/2015
TOWN OF REDCLIFF
A BYLAW OF THE TOWN OF REDCLIFF IN THE PROVINCE OF ALBERTA TO PROVIDE
FOR THE LICENSING, REGULATING AND CONFINEMENT OF DOGS.
This Bylaw shall be known and may be cited as the "Dog Control Bylaw" of the Town of Red cliff.
WHEREAS, by virtue of the power conferred on it by the Municipal Government Act, the Council
of the Town of Redel iff, in the Province of Alberta, duly assembled, enacts as follows:
NOW THEREFORE THE MUNICIPAL CORPORATION OF REDCLIFF, IN COUNCIL
ASSEMBLED, ENACTS AS FOLLOWS:
INTERPRETATION AND DEFINITIONS
1.
In this Bylaw the following terms (unless the context specifically requires otherwise) shall
have the following meanings:
a) "Animal Control Officer" shall mean a Bylaw Enforcement Officer/Community Peace
Officer appointed by the Town to do any act or perform any duties under this Bylaw and
includes a member of the Municipal Police Force, the Royal Canadian Mounted Police
and, when authorized, , or anyone authorized by the animal control Officer to act on their
behalf;
b) "At Large" shall mean where a Dog which is at any place other than the property of the
Dog Owner or property of person having possession of the Dog and is not being carried
by any person or is not otherwise restrained by a Permitted Leash held by a person and
that leash is attached to a choke chain, collar or harness securely holding that Dog;
c) "Controlled Confinement" shall mean the confinement of a Dog in a pen, cage or
building or securely tethered in a manner that will not allow the Dog to bite, harm or
harass any person or animal;
d) "Dog" shall mean either the male or female of any domesticated canine species. For the
purpose of this Bylaw, the terms Restricted Dog and Vicious Dog shall be used to
broader define a Dog for licensing, penalty, and control provisions;
e) "Dog Damaging Public or Private Property" shall include a dog defecating or urinating
on a Public Property Area or on Private Property other than the property of the dog
owner;
f)
"Dog Show" shall mean any event for the purpose of showing or exhibiting Dogs which
is sanctioned or recognized by the Canadian Kennel Club;
g) "Dog Training School" shall mean any facility for which the primary purpose is the
training of Dogs, and at which facility Dog training activities are under the direct control
and supervision of a Dog trainer;
h) "Kennel" shall mean any property, wherein three (3) or more Dogs are harboured,
boarded, permitted or sheltered within the municipal boundaries of the Town;
i)
"Land Use Bylaw" shall mean the Town's Land Use Bylaw, as amended from time to
time or replaced by a land use Bylaw enacted pursuant to the Planning Act (R.S.A. 1980,
c. p-9).
j)
"License" shall mean a Dog License issued by the Town in accordance to the
provisions of this Bylaw;
k) "License Tag" shall mean an identification tag issued by the Town showing the license
number for a specific Dog;
I)
"License Fee" shall be that fee set out in Schedule "B" of this Bylaw;
m) "Off Leash Area" shall mean the area identified on Schedule "D" and where an Owner
may exercise their dog without a permitted leash.
n) "Owner" shall mean:
1. a person who has the care, charge, custody, possession or control of a Dog;
2. a person who owns or who claims any proprietary interest in a Dog;
3. a person who harbours, suffers or permits a Dog to be present on any property
owned or under his control;
4. a person who claims and receives a Dog from the custody of the Town Dog Shelter
or a Dog Control Officer or;
5. a person to whom a Licence Tag was issued for a Dog in accordance with this
Bylaw;
o) "Permitted Leash" shall mean a leash adequate to control the Dog to which it is
attached, and which leash shall not exceed two metres in length. Permitted Leash to
control a Vicious shall not exceed one meter in length;
p) "Possession" shall mean:
1. having physical or effective control of a Dog;
2. having given physical or effective control of a Dog to another person for the purpose
of controlling the Dog for a period of time;
3. where one of two or more persons has physical or effective control of a Dog, it shall
be deemed to be in the control of each and all of them.
q) "Property Owner" shall mean any person having a legal or equitable interest in any land
or building and includes any resident, tenant or occupier of such land or building;
r) "Public Property Area" shall mean property owned by or under the control and
management of the Town within the borders of the Town;
s) "Replacement License Tag" shall mean a License Tag to replace a lost or damaged
License Tag, pursuant to section 9, herein.
u) "Secure Enclosure" shall mean a building, cage or fenced area of such construction that
will not allow the confined Dog or Dogs to escape from that enclosure.
v) "Service Dog" means a service dog as defined in the Service Dogs Act, R.S.A. 2000
c.S-7.5.
w) "Spayed or Neutered" shall mean a dog that has been issued a certificate by a licensed
Veterinarian stating the animal has been spayed or neutered.
x) "Vicious Dog" shall mean:
1. any Dog with a known propensity, tendency or disposition to attack, without
provocation, any person or animal;
2. any Dog which has been deemed to be dangerous by a Justice, under the provisions
of the Dangerous Dogs Act of Alberta, as amended;
3.
is a continuing threat of serious harm to humans or other animals or;
4. without provocation, chases any person in a threatening manner or;
5.
has inflicted a wound upon a human or upon a domestic animal without provocation.
y) "Town" shall mean the Town of Redcliff;
z) "Town Animal Shelter" shall mean premises designated by the Town for the
impoundment and care of Dogs;
aa)"Violation Ticket" shall mean a ticket as defined in Part 2 of the Provincial Offences
Procedures Act.
LICENSING PROVISIONS
2.
Every person who resides within the Municipal boundaries of the Town of Redel iff and
being the Owner of a Dog, shall prior to the end of February of each calendar year
(January 1 -December 31 ), pay the License Fee as set out in Schedule "B" of this Bylaw,
and obtain a Licence Tag for each Dog for the current calendar year, (January 1 -
December 31) by applying at the Town office.
3.
Every person residing in the Town who becomes the Owner of a Dog, or a person who
takes up residence within the Town and who is the Owner of a Dog which is not licensed
in accordance with this Bylaw, shall pay the Licence Fee, as set out in "Schedule B" of
this Bylaw, and obtain a License within fifteen (15) days after becoming the Owner of the
Dog or being the Owner of the Dog and taking up residence within the Town. Registered
Service Dogs must be licensed; however, they will be exempt from the annual fee.
4.
A Dog Owner shall provide to the Town the following information with each application
for a Dog Licence:
a) Name and street address of the Owner;
b) Name and description of the Dog to be licensed;
c) The breed or breeds of the Dog; and
d) Such other relevant and necessary information as may be required by the Town
in respect to the License application.
5.
A License issued under this Bylaw shall not be transferable from one Dog to another,
nor from one Owner to another.
6.
Upon payment of the required License Fee and providing to the Town that information
set out at Section 4, herein, the Owner will be supplied by the Town with a Licence Tag
having a number which will be registered to that Dog.
7.
Every Owner shall ensure that the License Tag is securely fastened to a choke chain,
collar or harness worn by the Dog, with the License Tag to be worn by the Dog at all
times when the Dog is on property other than the property of the Dog Owner or property
controlled by him.
8.
An Owner of an unlicensed Dog, , or Vicious Dog over the age of six (6) months is guilty
of an offence.
9.
The Owner of a Dog which has been licensed under this Bylaw may obtain a
replacement License Tag to replace one which has been lost or damaged, upon payment
of the Replacement License Tag fee as set out in "Schedule B" of this Bylaw.
10
An Owner of a Licensed Dog is guilty of an offence if that Dog is not wearing a License
Tag while on property other than the property of the Dog Owner or property controlled by
him.
11.
The provisions of Sections 2 to 9, herein, shall not apply to the following:
a) Persons temporarily visiting in the Town for a period not exceeding 15 days; and
b) Any person(s) holding a valid license to operate a retail pet sales, grooming or
boarding business within the Town.
DOG CONTROL PROVISIONS
12.
An Owner whose Dog is At Large is guilty of an offence;
13.
An Owner whose Dog barks or howls so as to disturb the quiet or repose of any person is
guilty of an offence;
14.
An Owner of any Dog Damaging Public or Private Property within the municipal
boundaries of the Town is guilty of an offence;
15.
The Town may post signs indicating those Public Property Areas where Dogs are not
permitted, and an Owner whose Dog is in an area where a sign prohibits the presence
of Dogs, whether At Large or under the control of such Owner, is guilty of an offence;
16.
Any person who harbours, boards, permits or shelters three or more Dogs over the age
of six (6) months on any property within the municipal boundaries of the Town is guilty of
an offence;
17.
Section 16, herein, shall not apply to:
18.
a) Premises lawfully used for the care and treatment of Dogs, operated by, or under
the supervision of a licensed Veterinarian;
b) Any premises which has been approved for the purpose of a Dog Show by the
Town;
c) Any person in possession of a valid Town development permit to operate a
Kennel within the Town, as authorized by the Town Land Use Bylaw;
An Owner of a Dog is guilty of an offence if such Dog:
a) Threatens, attacks, bites, or harasses any person;
b) Chases any person while such person is walking, running, on bicycle or
horseback.
c) Bites, attacks, harasses, injures or kills any animal belonging to any person.
d) This section does not apply if the chase, attack, bite or damage is a direct result
of a Dog being provoked.
19.
An Owner whose Dog is unrestrained in the open box area of a truck or an open trailer
while the truck or trailer is parked is guilty of an offence.
20.
An Owner or any other person having care or control of a Dog, shall forthwith remove any
defecation left by it on public property or private property other than that of the Owner.
21.
The Owner or any other person having care or control of a Dog shall ensure that
defecation apparently left by it on the property of the Owner does not accumulate to such
an extent that it is reasonably likely to annoy or pose a health risk to others.
22.
If an Owner of a dog is on any public place or property other than the property of its
owner, the owner shall have in his possession a suitable means of facilitating the
removal of the dog's feces.
Vicious Dog
23.
An Owner of a Vicious Dog is guilty of an offence if such Dog is not at all times, while on
property of which the Owner is the Property Owner, confined within a Secure Enclosure,
unless such Dog is on a Permitted Leash held and controlled by the Owner.
24.
An Owner of a Vicious Dog is guilty of an offence and liable to the penalty provisions of
this Bylaw if such Dog is At Large.
25.
At all times, when off the property of the Owner, a Vicious dog shall be securely:
a) Muzzled; and
b) 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
c) Under the control of a person over the age of eighteen ( 18) years.
26.
The Owner of a Vicious dog shall:
a) Obtain a vicious dog license on or before the fifth day on which the Town office is
open for business after the dog has been declared as vicious by the Provincial
Court;
b) Thereafter obtain the annual license for the vicious dog on such day specified in
SCHEDULE "B;
c) Notify the Animal Control Officer should the dog be sold, gifted, or transferred or
deceased;
d) Remain liable for the actions of the dog until formal notification of sale, gift or
transfer is given to the Animal Control Officer; and
e) Notify the Animal Control Officer if the dog is running at large;
f) Have a licensed veterinarian tattoo or implant an electronic identification
microchip in the Animal
g) Provide the information contained on the tattoo or in the microchip to the Director,
Community and Protective Services
h) Attend dog behavior training performed by a Dog Trainer approved by the
Director of Community and Protective Services within thirty (30) days of the Dog
ijJlA
being deemed vicious unless otherwise approved by the Town Manager
i) The Owner of a Vicious Dog shall have liability insurance specifically covering
any damages for personal injury caused by the Vicious Dog in an amount not less
than Two Million ($2,000,000) Dollars.
27.
Any person interfering with, hindering or impeding an Animal Control Officer in the
performance of any duty authorized by this Bylaw is guilty of an offence.
OFF LEASH AREA(S)
28.
Notwithstanding Section 12 the Town has designated Off Leash Areas (Schedule C)
where a dog may be exercised while not restrained by a Permitted Leash.
29.
No Owner of a Dog may exercise a dog in an off-leash area while not restrained by a
Permitted Leash unless:
a) the dog is under the control of a person of at least 18 years of age: and
b) the dog is not a Vicious Dog.
30.
Whether a dog is under control is a question of fact to be determined by a Court hearing
a prosecution pursuant to this Section of the Bylaw, having taken into consideration any
or all of the following:
31 .
Whether the dog is at such a distance from its Owner so as to be incapable of
responding to voice, sound or sight commands;
a) Whether the dog has responded to voice, sound or sight commands from the
Owner;
b) Whether the dog has bitten, harassed, attacked, or done any act that injures a
person or another animal.
c) Whether the dog chased or otherwise threatened a person;
d) Whether the dog caused damage to property.
32.
An Owner who fails to immediately restrain and remove the dog upon it engaging in any
of the activities outlined in Section 18, by restraining the dog on a leash not exceeding
two (2) metres in length and removing the dog from the Off Leash Area, is guilty of an
offence.
33.
Nothing in this Section relieves a person from complying with any other provisions of this
Bylaw.
POWERS OF AN ANIMAL CONTROL OFFICER
34.
The Animal Control Officer is authorized to capture and impound in the Town Animal
Shelter any Dog that:
a) is at large;
b) bites any person;
c) is actually or apparently over the age of six (6) months and for which no current
license as been issued pursuant to the provisions of this bylaw;
d) is required to be impounded pursuant to the provisions of any Statute of Canada,
of the Province of Alberta or any regulation made hereunder.
35.
The Animal Control Officer is further authorized to take such reasonable measures as
necessary to subdue such dogs, including the use of tranquillizer equipment and
materials. If any such Dog is injured, it may be taken to a Veterinarian for treatment to
relieve pain or bleeding, then to the Town Animal Shelter.
36.
The Animal Control Officer, or Peace Officer may enter onto any privately owned
premises, provided, however, that in this Section the word "premises" does not include a
building, as is required to enforce the provisions of this bylaw.
37.
An impounded dog may be kept in the Town Animal Shelter for a period of seventy-two
(72) hours. Saturdays, Sundays and Statutory holidays shall not be included in the
computation of the seventy-two (72) hour period. During this period, any Dog may be
redeemed by its Owner before 4:00 pm. On normal working days, upon payment to the
Town:
a) The appropriate impoundment fee as set out in Schedule "B" of this Bylaw;
b) The appropriate License Fee when the Dog is not licensed; and
c) The cost of any veterinary treatment of any Dog that is found to be injured when
captured or injured in the process of capture.
38.
Upon having been impounded in the Town Animal Shelter for a period of seventy-two
(72) hours in accordance with the provisions of Section 29, herein, the Animal Control
Officer is authorized to:
a) Offer the Dog for adoption;
b) Destroy the Dog in a humane manner;
c) Allow the Dog to be redeemed by its Owner in accordance with the provisions of
Section 29;
d) Continue to impound the Dog for an indefinite period of time.
39.
The purchaser of a dog from the town animal shelter pursuant to the provisions of this
bylaw will obtain full right and title to it and the right and title of the former owner to the
domestic animal will cease thereupon.
40.
Any person desiring to purchase an impounded dog from the Town of Redcliff must pay
the license fee as set out in Schedule "B", for the dog. In addition to the license fee, the
adoption fee, as set out in Schedule "B" must also be paid to the Town.
PENALTY PROVISIONS
41.
Any person who contravenes any provision of this Bylaw is guilty of an offence and may
be issued a Violation Ticket under Part Two (2) of the Provincial Offences Procedure Act
with a Specified Penalty Option as set out in Schedule "A" of this Bylaw.
42.
Under no circumstances shall any Person contravening any provision of this Bylaw be
subject to the penalty of imprisonment.
43.
Nothing in this Bylaw shall be construed as curtailing or abridging the right of the Town to
obtain compensation or to maintain an action for loss of or damage to property from or
against the Person or Persons responsible.
44.
Notwithstanding Section 34(Section 34(a), 34(b), or 34(c)) of this Bylaw, any person who
'P)(
commits a subsequent offence under this Bylaw within one (1) year of committing the first
offence may be issued a Violation Ticket with a Specified Penalty Option set out under
the "subsequent offence" column in Schedule "A" of this Bylaw.
45.
Where a contravention of this Bylaw is of a continuing nature, further Violation Tickets
may be issued provided however, that no more than one Violation Ticket shall be
issued for each day that the contravention continues.
46.
Every person who fails to make voluntary payment of the Specified Penalty Option and is
found guilty of an offence under Part Two (2) of the Provincial Offences Procedure Act
may be liable to a fine of not more than $2000.00.
SEVERABILITY
47.
Should any provision of this Bylaw be invalid, then such invalid provision shall be severed
and the remaining Bylaw shall be maintained.
EFFECTIVE DATE
48.
This Bylaw shall come into force on the January 1, 2016.
REPEAL OF BYLAWS
49.
Bylaw No. 1800/2015 is repealed with the coming into force of this Bylaw.
Read a first time this 28th day of September, 2015.
Read a second time this October 13, 2015.
Read a third time this October 26, 2015.
Signed and passed this :{
day of llfov. 2015.
Mayor
Manager of Legislative & Land Services
SCHEDULE "A"
PENALTIES
Offence
Penalties
Subsequent
Sect.
Offence
1.
Failure to have a current Dog
License for a:
- Vicious Dog
$275.00
$550.00
8
-Dog
$100.00
$200.00
8
2.
Licensed Dog not wearing
$100.00
$200.00
10
License Tag
3.
Dog At Large:
- Vicious Dog
$500.00
$1,000.00
24
-Dog
$100.00
$200.00
12
4
Vicious Dog in Off Leash Area
$275.00
$550.00
29
5.
Dogs not under control in Off
$100.00
$200.00
29
Leash Area
6.
Dogs Unrestrained in exterior
$100.00
$200.00
19
of vehicle
7.
Dog in an area where the
$100.00
$200.00
15
presence of dogs is prohibited
by a sign
8.
Harbouring 3 or more Dogs
$100.00
$200.00
16
over the age of six (6) months
9.
Dog Damaging Public Or
$100.00
$200.00
14
Private Property
10.
Interference with enforcement
$275.00
$550.00
27
of this Bylaw
11.
Dog barking or howling
$100.00
$200.00
13
12.
Dog that is:
-threatening, attacking, biting
$500.00
$1000.00
18(a)
or harassing any person
- chasing persons
$250.00
$500.00
18(b)
- biting, attacking, harassing,
$250.00
$500.00
18(c)
injuring or killing any animal
13.
Failure to remove defecation left by dog
$50.00
$75.00
20,21
14.
Vicious Dog that is:
-Not Muzzled
$500.00
$1000.00
25(a)
- Harnessed or leashed on a lead
which length exceeds one (1) meter
$100.00
$200.00
25(b)
/6l;f
- Not under the control of a person
over the age of eighteen (18) years.
$100.00
$200.00
25(c)
15.
Fail to notify Town that Vicious dog
is running at large
$500.00
$1000.00
26(e)
16.
An offence under this Bylaw,
$110.00
$220.00
for which a penalty is not
otherwise provided
SCHEDULE "8"
FEES
1. a) License for each Spayed or Neutered Dog over six(6) months
and if such Dog is not a Vicious Dog as defined in this Bylaw -
Proof in the form of a Veterinarians Certificate must be
supplied.
b) License for each Dog over six (6) months and if such Dog is
not a Vicious Dog as defined in this Bylaw
c) License for registered Service Dog
2. License for a:
- Vicious Dog
3. Replacement License Tag
4. Impoundment fees
- Vicious Dog
-Other Dogs
-After hours call out
5. Care and sustenance of each Dog per day
6. Adoption Fee
7. Veterinary Fees
8. Euthanasia Fees
Guidelines
Applications made between:
(a)
January 1 and July 31 of the same year pay the full fee.
(b)
August 1st and November 30th pay fifty (50%) of fee.
$15.00
$30.00
EXEMPT
$ 500.00
$ 3.00
$275.00
$ 55.00
$150.00
$ 15.00
$10.00
$ Amount Expended
$ Amount Expended
(c)
December 1st and December 31st full fee to be applied to the subsequent year, and such Dog will be
considered to be licensed from the date of the application.
SHEDULE"'C"
OFF LEASH AREAS
LEGEND
OFF LEASH AREAS SHOWN THUS ...... I ...._ _
___.
OFF LEASH TRAILS SHOWN THUS ..... ---
ASPHALT TRAILS SHOWN THUS ......... ---