Animal Control Bylaw 2020-006

Rockyford, Alberta · adopted 2020-12-07

This is the exact embedded text of the captured official document. Snapshot 55e45d269146 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

VILLAGE OF ROCKYFORD BYLAW NO. --2020--006 LICENSE & CONTROL DOMESTIC ANIMALS A Bylaw of the Village of Rockyford in the Province of Alberta, to license, regulate and control domestic animals within the Limits of the Village of Rockyford. AND WHEREAS, the Council deems it expedient to license dogs in the Village of Rockyford; AND WHEREAS, the Council wishes to control the running at large of dogs in the Village of Rockyford; AND WHEREAS, the Council wishes to regulate and control domestic animalis in the Village of Rockyford; AND WHEREAS, under the Municipal Government Act, R.S.A. 2000 Chapter M--26 Section 7(h) and amendments thereto the Council has the authority to regulate domestic animals within Village boundaries and to pass a bylaw to do so. NOW, THEREFORE, the Council of the Village of Rockyford, in the Province of Alberta, hereby enacts as follows: TITLE 1. The Bylaw shall be cited as the "Animal Control Bylaw" 2. DEFINITIONS In this Bylaw, unless the context otherwise requires: (a} "Animal Control Officer" means a person, firm or corporation, Bylaw Enforcement Officer, Special Constable or other person appointed by Village Council to carry out the provisions of this Bylaw, pursuant to provisions of the Municipal Government Act, R.S.A. 2000; (b) "Attack" means an assault resulting in bleeding, bone breakage, sprains, bruising or multiple injuries on a human or animal; (c) "Behaviour Assessment" means an assessment of a dog's temperament performed by a person holding a Certified Behaviour Consultant Knowledge Assessed (CBCC--KA} certification or such other certification as the Chief Administrative Officer may approve; (d) "Bite" means an injury to the skin causing it to bruise, puncture, or break; (e) "Chief Administrative Officer" (CAO) means the person appointed by Council to the position of Chief Administrative Officer, or his/her designate; (f) "Communicable Disease" means any disease or ilIness that may be transferred from one animal to another animal or to a human through direct or indirect contact; (g) "Council" means the Council of the Village of Rockyford; (h) "Dangerous Dog Hearing" means a hearing held pursuant to the Dangerous Dogs Act, R.S.A. 2000, Chapter D--3, as amended,; (i} "Day" means a continuous period of twenty--four (24) hours; ) "Dog" means the female or male of any domesticated canine species actually or apparently six months of age or older; (k) "Dog Fancier's License" shall mean a license issued by the Village in accordance with the provisions 4. (1) in this bylaw; {1) "Dog Show" shall mean any event, for the purpose of showing or exhibiting Dogs, which is sanctioned or recognized by the Canadian Kennel Club or the Village of Rockyford Animal Control Officer; Maym¥ Administration e Page 2 -- Bylaw 2020--006 (m) {n} (p) (q) {r) (x) "Habitually barks, howls, or otherwise creates a disturbance" means to bark, howl, whine or cry for a period of five minutes, such noise or combination of noises being concurrent for the five minutes of time; "Impound Day" means any calendar day or portion thereof; "Leash" means a chain or other material capable of restraining a dog; "License" shall also mean payment of license registration fees or tax; "Off--Leash" means allowing a dog to run in a designated area, as set out in Section 3.{c) of this Bylaw, off its leash but still under the direct command and control of an owner; "Owner" means any person or body corporate who: {. has legal title of the dog or domestic animal, i1. any person who has possession or custody of the animal, or who suffers an animal to remain about that person's residence or premises, TL any person occupying a residence or premise where an animal is kept, harbored or alleged to remain shall be deemed to be the owner of the animal, or iv. a person to whom a license or tax has been issued for that dog, or other wild or domestic animal; "Pound" means a place designated by Council/CAQ as place where dogs and other animals may be placed and impounded; "Premises" means any land or building or any portion thereof and includes without restricting the generality of the foregoing, any house residence, room, office or place of business; "Registered Veterinarian" has the same meaning as defined in the Veterinary Profess;on Act, R.S.A. 2000, Chapter V--2 as amended,; "Restricted Dog" shall mean any dog included in "Schedule D" of this Bylaw; "Running at large" means: 0) an animal or animais which are not under the control of their owner and is actually upon property other than property in respect of which their owner has right of occupation. (ii) an animal which is under control of a person responsible and which causes damage to property or other animals, or humans; "Secure Enclosure" means a building, pen or fenced area which is 'secured and constructed in such a manner that it will not allow the dog to jump, climb, dig or otherwise escape nor will it allow the entry of unauthorized persons into the enclosure unless the unauthorized person forces his/her way into the enclosure, and which conforms with the following minimum requirements: i. The Secure Enclosure shall have secure sides and a secure top. If the Secure Enclosure has no bottom secured to the sides, the sides of the Secure Enclosure Must be embedded into the ground to a minimum depth of thirty (30) centimetres. . i. The Secure Enclosure must provide the dog with adequate shelter from the Elements including heat, cold, sun, rain and wind. ifi. The Secure Enclosure must be located not less than one (1) metre away from the property line of the owner's property and not less than five (5) metres away From a residence located on any adjacent property; and iv. The Secure Enclosure must be of adequate size for the dog, permitting the dog to stand, sit, lis down and turn around comfortably; Mayot% i Administratiory&"' Page 3 -- Bylaw 2020--006 (y) aa) (bb) (cc} (dd) "Serious Injury" means an injury to an individual, with the exception of a trespasser, other animal or wildlife resulting from a bite or attack which results in broken bone(s), disfiguring lacerations, injuries requiring sutures, cosmetic surgery, scars, death and any other injury as determined to be serious by a Justice after hearing the evidence at a hearing; "Threatening Behaviour" means the following behaviours exhibited by a dog without provocation: i. Barking, growing, snapping at, lunging at, chasing, stalking, attacking, or biting Another animal or wildlife, or a bicycle, automobile or other vehicle being operated; if. Barking, growling, snapping at, lunging at, chasing, stalking, attacking, or biting a person unless the person is a trespasser; Notwithstanding the above, a dog shall not be deemed to exhibit Threatening Behaviour if the dog is safely and securely confined within a building, vehicle, crate or in a secure enclosure on any land and there is no risk of the dog making physical contact with the person, other animal or wildlife; "Trespasser" means any person who is on the owner's property without the owner's consent; "Vicious Dog" means any dog, whatever it's age, whether on public or private property including the owner's property which has been declared a vicious dog by a Justice, pursuant to the Dangerous Dogs Act, R.S.A. 2000, Chapter D--3, as amended. "Vicious Dog License" means a license issued to the owner of a vicious dog under this Bylaw; "Vicious Dog Warning Sign" means a sign having a white background with the following Dimensions and particulars: i. The total sign is not less than thirty (30) centimeters tall, i1. The total sign area is not less than twenty (20) centimeters wide, and iii. Having red block lettering not less than three (3) centimeters tall stating: WARNING! VICIOUS DOG ON PREMISES "Village" means the municipal corporation of the Village of Rockyford; "Violation Tag" means a tag or similar document issued by the Village pursuant to the Municipal Government Act; "Violation Ticket" means a ticket issued pursuant to Part 2 of the Provincial Offences Procedures Act, R.S.A. 2000 Chapter P--34 as amended. RESPONSIBILITY OF ANIMAL OWNERS 3.1. The owner of an animal shall ensure: (i) the animal is not running at large; (ii)} the animal is secured so that it would not be able to escape the owner's property, vehicle or other method of confinement; (iii) the animal does not bite or attack any individual; (iv) the animal does not bite or attack any other animal; (v) the animal does not exhibit threatening behavior; {vi) the animal does not howl or bark excessively or otherwise behave in a manner that is reasonably likely to disturb the peace of others; {vii) all posted signs indicating restricted or prohibited areas for animals are obeyed; {viil) the animal does not cause damage to or destroy any public or private property; or {ix] the animal does not upset any garbage containers or scatter the contents thereof on any premises other than the owner's property. {x) the animal does not chase bicycles or vehicles of any kind. Mayor% Administration 24é Page 4 ---- Bylaw 2020--006 3.2 The owner of a female dog which is in season shall not permit that dog to be at any location where the dog may be a source of attraction for other dogs,. 3.3 The owner of an animal shall forthwith remove any defecation left by the animal on any premises other than the owner's property. 3.4 The owner of a dog shall, at all times when the dog is off the owner's property, ensure that The dog is: {i) Under the effective and constant control of a competent person, and or ruminant animals within the limits of s been approved by special permission guinea fowl, peafowl? or poultry of any Council may grant special the provisions of this Bylaw if under (ii) Restrained by a leash not exceeding two (2) metres in length. OTHER DOMESTIC ANIMALS AND POULTRY (a) No person shall keep bovine, equine, porcupine, the Village, unless the keeping of said animals ha of Council. (b) No person shall keep any chicken, turkey, goose kind within the limits of the Viltage, unless such birds or poultry are part of a commercial undertaking, which is established, with the approval of Council. (c) No person shall keep any large cats of the feline |family such as, but not limited to, tiger, panther, lion, bobcat, lynx; {d) The keeping of pigeons and rabbits in the Villagse is not permitted in numbers greater than four (4) on residential property and only if the pens are kept in a clean and sanitary condition and providing that no complaints or damage is proven on another's property. In such cases, Council may put a stop to such activity. approval for the keeping of rabbits or pigeonson larger parcels of land within the Village. (e) Animals in the Village for the purpose of parades, gymkhanas, exhibitions, and rodeos duly authorized by the Village, are not subject to the care and supervision of competent persons. LICENSING (a) (b) {c) No person shall harbour more than two (2) dogs or dwelling place within the boundaries of the V Fancier's License as per 5 {m). This definition d at or in any one location, shelter, room llage, unless the person has obtained a ces not include premises used for the care or treatment of dogs as operated by a qualified veterinarian, nor does it include a pound as defined by this Bylaw Every person or corporation who resides within the boundaries of the Village for a period of three consecutive months or longer a d being the owner of a dog shall apply for an annual license for each dog and shall pay an annual fee/tax as set out in Schedule "A" of this Bylaw. Notwithstanding subsection(b), where the Villag person who is blind or whose vision is impaired and used for a guide dog, there shall be no fee p this section. All licenses issued under subsection (b) shall exp year. When a dog reaches the age of six (6) months, th ticense for the dog; such license shall be obtaine the dog reaching the age of six (6) months. e CAO or his designate is satisfied that a s the owner of a dog which is trained ayable by the owner for a license under ire on the 31"" day of December each 1e owner of the dog shall obtain a d on the first day of business following Mayor% Adminis 10%4(/ Page 5 -- Bylaw 2020--006 {f) (i) (3) (1) ({m) Any person taking ownership of a dog that is older than six (6) months after the first day of January shall obtain a license on the first day of business following the day the person takes ownership of the dog, No owner shall transfer or allow to be transferred a dog license from the dog for which it was purchased to any other dog. No license is transferable, No person shall be eligible for a rebate or refund of license fees under this Bylaw. Every owner, when requested to do so by the Village CAO or designate, or Animal Control Officer, shall submit a statutory declaration or other acceptable documentation establishing the dog's age or that the dog is spayed or neutered, and other such information as may be required in order to determine the license fee under Schedule HAH; No person shall give false information when applying for a license. Any person in possession of a valid Village Dog Fancier's License shall entitle that person/corporation to be the Owner of three (3) or four (4) Dogs with the municipal boundaries of the Village provided that the dogs are not Restricted or Vicious Dogs as per Schedule "D" Any person who is the Owner of three (3) or more, Vicious/Restricted dogs, as per Schedule "D", located on any property within the municipal boundaries of the Village is guilty of an offence. A Dog Fancier's License may be issued by the Village by applying for such license upon the following conditions: (1) Providing the Village with the information required in 4. {i) {i1} Payment to the Village of an annual Dog Fancier's License fee of $25.00 for three (3) dogs or $50.00 for four (4) dogs on or before the first day of January in each year for the current year commencing on the first day of January; (iff) A valid Dog License must have been issued for each dog owned by the person/corporation applying for the Dog Fancier's License. (iv) The Village may in its sole discretion revoke the Dog Fancier's License upon thirty (30) days' notice. A flat rate of $100.00 be charged to Animal Rescue Foundation (ARF) for up to ten (10) spayed or neutered dogs per calendar year limited to a maximum of four (4) dogs at any one time and that a Dog Fancier's License must be applied for as per (1) VICIOUS DOGS (a) Upon demand by an Officer, an owner of a dog alleged to be a vicious dog shall surrender the dog to the Officer whereupon the Officer shall deliver the dog to the pound where the dog shall be held pending the outcome of a Dangerous Dog Hearing and any appeals arising therefrom The Chief Administrative Officer may allow the owner to keep possession and control of a dog alleged to be a vicious dog pending the outcome of a Dangerous Dog Hearing and any appeals arising therefrom on conditions which, in the opinion of the Chief Administrative Officer ensures the safety of the public. GENERAL VICIOUS DOG REQUIREMENTS (a) The owner of a vicious dog shall not sell, transfer, or gift the dog to another person within the Village; Mayor% Adminis! ation/gm/ Page 6 -- Bylaw 2020--006 (b) (d) {e} Within ten (10) days after the dog being declared or ordered a vicious dog, the owner of the dog shall provide evidence satisfactory to the CAO that the owner has completed the following in respect to the vicious dog: i) A registered veterinarian has tattooed or implanted an electronic identification microchip in or on the vicious dog identifying the dog with a unique identifier and the information contained on the tattoo or in the microchip is provided in writing to the CAO, and; i) If the vicious dog is not already spayed or neutered the vicious dog is spayed or neutered with a spay/neuter certificate for the dog endorsed by a registered veterinarian being provided to the CAO. Within three (3) days of the dog being declared or ordered a vicious dog, the owner of the dog is required to display a clear and visible Vicious Dog Warning sign, to the satisfaction of the CAO at each entrance to the owner's property and on each entrance to any secured enclosure. The owner of a vicious dog shall not breed nor permit the breeding of the vicious dog; The owner of a vicious dog shall contact the CAO or an Officer directly in person or by a phone call, but not by leaving a message, if the vicious dog is running at large. In the Event that the owner is unable to contact the CAO or an officer, the owner shall then Immediately notify the RCMP of the vicious dog running at large. The owner of a vicious dog shall ensure that the dog is: i) confined indoors; or i1 when such dog is outdoors, the owner of a vicious dog shall ensure that: 1. The dog is locked in a secured enclosure; or 2. Securely muzzled and under the control of a physically and mentally competent person who is at least the age of eighteen (18) years by means of a leash not exceeding one (1) meter in length and in a manner that prevents the dog from chasing, injuring, attacking or biting individuals or other animals or wildlife as well as preventing damage to public or private property. Vicious dogs are not allowed in public parks or at public events; The owner of a vicious dog is guilty of an offence if, whether on or off the owner's Property, the vicious dog exhibits threatening behaviour; 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 one Million ($1,000,000.00) dollars. The owner shall provide proof of such insurance to the Reasonable satisfaction of the CAO within ten (10) days of the dog being declared a vicious dog. (h) Where the owner of a vicious dog is guilty of an offence under this Bylaw related to the Vicious dog, the minimum penalties for vicious dogs set out in Schedule "C" shall apply; (i} Nothing contained in this Bylaw shall prevent the Village from taking any and all steps With respect to the seizure, imprisonment, control or destruction of a dog as may be available to the Village at law. SITE MAINTENANCE The owner of any land where animals under this Bylaw are allowed, housed, kept, confined or other otherwise held, shall ensure that: (a) (b) the site is maintained in a clean and safe manner; waste and materials contaminated by waste are disposed of safely and in a timely manner; Mayo% Admind ation/%'{,@/ 10. 11. 12. Page 7 -- Bylaw 2020--006 (c) waste and materials contaminated by waste are not allowed to accumulate; and; (d) waste and materials contaminated by waste are retained on site while awaiting disposal. COMMUNICABLE DISEASES An owner of an animal which is suffering from a communicable disease: (a) Shall not permit the animal to be in a public place; (b) Shall not keep the animal in contact or in proximity to any other animal free of such disease; (c) Shall keep the animal locked up; (d) Shall immediately report the matter to a registered veterinarian and Village; (e) Follow the direction of the registered veterinarian and any government officials with Authority to issue related orders and directions ADJUDICATION Any person who contravenes any part or parts of this Bylaw is guilty of an offence and, upon a conviction for same, a judge, in addition to imposing a penality provided herein, may, if such animal shall have done damage to persons or property, order the owner of such animal to pay such damages as the complainant may have sustained and may order the owner to confine the animal for such periods as may be deemed necessary or may order the owner of the animal to delivery such animal forthwith to the pound keeper to be destroyed ANIMAL CONTROL OPERATION -- AUTHORITY (a) An Animal Control Officer having jurisdiction within the Village, may capture and impound any animal; (1) in respect of which he believes or has reasonable grounds to believe an offence under this Bylaw has been or is being committed; {ii) Which is required to be impounded pursuant to the provisions of any statue of Canada or of the Province of Alberta, or any regulation made thereunder. (b) An Animal Control Officer may take such reasonable measures as necessary to capture any dog; if such dog is injured, it may be taken to a veterinarian for treatment to relieve pain or bleeding, the cost of which shall be borne by the owner; (c) An Animal Control Officer having jurisdiction within the Village may enter onto the land surrounding any building while in pursuit of any animal observed to be running at large. (d) No person, whether or not he is the owner of an animal which is being or has been pursued or captured shall: {I) _ interfere with or attempt to obstruct an Animal Control Office who is attempting to capture or who has captured an animal, which is subject to being impounded pursuant to the provisions of this Bylaw. {ii) Entice the animal to enter a house or other place where it may be safe from capture or otherwise assist the animal to escape capture; {iif) Falsely represent himself as being in charge or control of an animal so as to establish that the animal is not running at large; {iv) Unlock or unlatch or otherwise open the vehicle used in controlling or transporting the said animal so as to allow or attempt to allow any animal to escape therefrom. NEGLIGENCE (a) No person other than the owner shall untie, loosen, or free an animal which has been restrained, and Mayfl% Admini 101}%0{/ 13. 14. 15. 16. Page 8 -- Bylaw 2020--006 (b) (c) No person shall negligently or willfully open a gate, door or other opening in a fence or enclosure in which an animal has been "confined" and thereby allow an animal to run at large in the Village. No person shall tease, torment, or annoy an animal. NOTICE OF ENFORCEMENT (a) (b) If the Animal Control Officer knows or can ascertain the name of the owner of any impounded animal, he shall serve the owner with a written notice, either personally or by leaving or mailing it to the last known address of the owner. An owner of an animal to whom a notice is mailed pursuant to the provisions of subsection (a) is deemed to have received the notice within seventy--two (72) hours of the time it is mailed out registered. RECLAIMING The owner of any impounded animal may reclaim the animal by paying the pound keeper or other person in authority, the fees as set out in Schedule "8" of the Bylaw. SALE OR DESTRUCTION The following is a minimum standard which the pound must comply with: (a) (b) The pound keeper shall not sell or destroy an impounded animal until the following conditions are met: (1) After a dog is retained in the pound for a period of three (3) days after the owner has received notice or is deemed by Section 10 (b) To have received notice that the dog is impounded, or {if) The owner of the dog makes arrangements with the person in charge for the further retention of the dog, or {ifi) The Animal Control Officer or Bylaw Enforcement Officer may retain a dog for a longer period if in his opinion the circumstances warrant the expenses. The Animal Control Officer or pound keeper may offer for sale all unclaimed dogs which have been in the pound for six (6) days. the purchaser of an unclaimed dog shall pay fees as set out in Schedule "B" as well as all reclaiming fees The purchaser of a dog pursuant to Section "C" shall obtain full right and title to it and the former owner of the dog shall cease thereupon. (1) any dog whose owner cannot be focated or identified may be destroyed forthwith, {i1) notwithstanding Section (a), the dog may not be destroyed if a replacement owner can be located. PENALTIES -- VOLUNTARY PAYMENT TICKETS (a) Where an Animal Control Officer believes that a person has contravened any provision of this Bylaw, he may serve upon such person a violation ticket either personally, or by mailing or leaving the same at his/her last known address, and such service shall be adequate for the purpose of this Bylaw. The violation ticket shall be in such a form as determined by the Council of the Village and shall state the section of the Bylaw that was contravened, and the amount of the penalty provided in Schedule "C" that will be accepted by the Village in lieu of prosecution. Upon production of a Bylaw violation issued pursuant to Section (a) with ten (10) days from the issuance thereof, together with the designated payment to the cashie@ . Ma Adminatrition£14, (e) Page 9 -- Bylaw 2020--006 Village, the person to whom the Bylaw violation was issued shall not be liable to prosecution for the contravention in respect of which the violation was issued, (f) Notwithstanding the provisions of this section, a person to whom the Bylaw violation was issued may exercise his/her right to defend any charge of committing a contravention of any of the provisions of this Bylaw. (f} Any person who commits a third or subsequent offence under this Bylaw within one (1) year of committing a second offence under this Bylaw will be liable to not less than double the second offence penalty as set out in Schedule "C" of this Bylaw. 17. sUMMARY CONVICTION (a) Any person who contravenes any provision of this Bylaw is guilty of an offense and is liable on Summary Conviction to a fine of not more than Two Thousand Five Hundred dollars ($2,500.00}, (b) The levying and payment of any fine or the imprisonment for any period provided in this Bylaw shall not relieve a person from the necessity of payment any fees, charges or costs from which he is liable under the provisions of this Bylaw, and {(c} A Provincial Judge, in addition to the penalties provided in this Section, may, if he considers the offense sufficiently serious, direct or order the person that owns, keeps, maintains or harbours an animal to stop the animal from doing mischief or causing the disturbance or nuisance complained of, or to have the animal removed from Village, or have the animal destroyed. 18. SEVERABILITY If any portion of the Bylaw is declared invalid by a court of competent furisdiction, the invalid portion must be severed, and the remainder of the Bylaw is deemed valid. 19. REPEAL Bylaw 2019--001 and amendments thereto are rescinded. This bytaw shall take effect as and from the third and final reading. Read a first time this 8th day of July, 2020 Read a second time this 8th day of July, 2020 Received permission to proceed to third and final reading this 8th day of July, 2020 Read a third and final time this 8th day of July, 2020 { BPAEe Administrator Ma% Admmistration/%,, ._SCHEDULE "A" DOG LICENSE FEES Spayed or Neutered Dog Intact (Non--Spayed/Non--Neutered) Dog Spayed or Neutered Restricted Dog (as identified in Schedule "D"} Intact Restricted (as identified in Schedule "D") Vicious Dog SCHEDULE "B" 1. Reclamation Fee 2. Medication Fee SCHEDULE "C" PENALTY PAYMENTS Section Penalty (1" Offence} 3. Responsibility of Animal Owners 3.1 {i) $ 250.00 3.1 {ii) $ 250.00 3.1 (iil) 5 --600.00 3.1 (iv} $ 200.00 3.1 (v) $ 300.00 3.1 (vi) $ 250.00 3.1 {vii) $ 250.00 3.1 (vili) $ 300.00 3.1 {ix} $ 100.00 3.1 (x) $ 300.00 Vicious Dogs 3.1 (i) $ 350.00 3.1 (ii} $ 400.00 3.1 (ii) $ 1,000.00 3.1 (iv) $ 300.00 3.1 (v) $ 500.00 4. Other Domestic Animals & Poultry $ --100.00 5, Licensing $ 100.00/dog 6. Vicious Dogs $ --500.00 7. General Vicious Dog Requirements $ 600.00 8. Site Maintenance $ --250.00 9. Communicable Diseases $ 200.00 11. Anima{ Control Operations/Authority $ --500.00 12. Negligence $ 250.00 SCHEDULE "D" RESTRICTED DOGS Dogs of mixed breeding which includes any of the following: (A) Pitbull or what is commonly referred to as a Pitbull; (B) Pitbull Terrier; {C) American Pitbull Terrier; (D) Staffordshire Bull Terrier Cost plus Penalties $25.00 $50.00 $250.00 Limit of two (2) $500.00 Limit of two (2) $500.00 As established at Vet Service Penalty (2nd Offence) % Un Un d Ue U GH L+ Un G+ $ $ $ $ $ $ 350.00 350.00 800.00 300.00 400.00 350.00 350,00 400.00 200.00 400.00 550.00 550.00 1,200.00 400.00 650.00 200.00 $ --200.00/dog $ $ $ $ $ $ 1,000.00 1,200.00 500.00 400.00 1,000.00 500.00 May Ad i flté-istratic}%