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VILLAGE OF ROSALIND
BYLAW 267-21
2021
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D O G B Y L A W 2 6 7 - 2 1
A BYLAW OF THE VILLAGE OF ROSALIND IN THE PROVINCE OF ALBERTA, PROVIDING FOR THE
CONTROLLING OF DOGS.
WHEREAS
The Municipal Government Act and amendments thereto authorize a
municipality to pass bylaws regarding wild and domestic animals and
activities in relation to them, and
WHEREAS
The Council of the Village of Rosalind deems it advisable to pass a bylaw
to control dogs within the Village of Rosalind, and
NOW THEREFORE
The Municipal Council of the Village of Rosalind duly assembled, hereby
enacts as follows:
1. Title and Application
(a) This bylaw may be cited as the "Dog Control Bylaw".
(b) This bylaw shall apply to all the lands within the Village of
Rosalind.
2. Definitions
In this bylaw:
(a) "Bylaw Enforcement Officer" shall mean:
i. A person appointed under Section 555 and 556 pursuant
to the Municipal Government Act, RSA 2000, Chapter M-
26, employed or contracted by the Village of Rosalind to
enforce the Rosalind bylaws.
ii. A Community Peace Officer as defined under the Peace
Officer Act, SA 2006, Chapter P-3.5.
iii. A member of the Royal Canadian Mounted Police.
iv. A Fish and Wildlife Officer appointed under the Alberta
Wildlife Act.
v. The Council of the Village of Rosalind; or
vi. The Village Manager.
(b) "Dangerous dog" means:
i. any dog with a known propensity, tendency, or disposition
to attack without provocation, other domestic animals, or
humans.
ii. any dog which has inflicted a serious wound upon another
domestic animal or human without provocation.
iii. any dog which has been the subject of an order or
direction of a Justice under the Dangerous Dogs Act.
iv. Notwithstanding paragraphs i to iii above, a dog shall not
be deemed dangerous if it attacks or bites a trespasser on
the property of its owner or property controlled by its
owner.
VILLAGE OF ROSALIND
BYLAW 267-21
2021
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(c) "Dog" means any animal of the Canine family.
(d) "Dog at large" means a dog that is on any property not
belonging to the owner of the dog and the owner does not
have effective control of the dog.
(e) "Effective control" means that a person has reasonable
control over a dog to be able to command its behaviour. Form
of control is a leash when off dog owner property.
(f) "Owner" means, unless the context otherwise requires, any
person, partnership, association, corporation, or legal
guardian of a person, who has legal ownership or possession
of a dog, or who harbours or keeps or has the care or control
of a dog for more than two weeks.
(g) "Pound" means a place, designated by Village Council, where
dogs that have been seized shall be kept.
(h) "Pound keeper" means any person appointed by Village
Council to keep a pound for the purpose of controlling and
disposing of dogs that have been seized.
3. Ownership Responsibilities
(a) No owner shall allow their dog to be on or remain on private
property without first obtaining permission of the owner of
the property.
(b) No owner shall allow their dog to be on or remain on Village
of Rosalind property unless they have effective control of the
dog.
(c) No owner shall allow their dog, while not on their own
property, to:
i. bark at any person, or
ii. chase any person or vehicle, or
iii. attack any person, or
iv. chase or attack any animal owned or being kept by
another person, or
v. defecate on the property unless the owner immediately
removes the defecated matter deposited, or
vi. Cause any damage or nuisance thereon.
(d) No owner shall allow his dog to bark, yelp, or howl excessively
or persistently and thereby disturb other persons.
4. Dog Identification
(a) To assure the safe return of lost or seized dogs, the owners
are to attach an identity tag to their dog's collar including
information such as owner name and phone number.
VILLAGE OF ROSALIND
BYLAW 267-21
2021
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D O G B Y L A W 2 6 7 - 2 1
5. Powers of Bylaw Enforcement Officer
(a) Any dog at large may be seized by a bylaw enforcement officer
and placed in a pound as provided for in this bylaw. Refer to
Schedule B for penalty imposed.
(b) A bylaw enforcement officer may use any means necessary to
capture and seize a dog at large, provided that:
i. no dog shall be seized on private property without the
permission of the owner of the property, except in a case
of fresh pursuit and where it is known that the property is
not that of the owner of the dog, and
ii. Every reasonable precaution is taken to avoid causing any
injury or bodily harm to the dog.
(c) Every dog seized under this bylaw shall, as soon as practical,
be taken to the prescribed pound and restrained therein.
(d) No person shall in any way interfere with or obstruct a bylaw
enforcement officer who has seized or is attempting to seize a
dog at large or is otherwise executing his duties under this
bylaw.
(e) If a dog is deemed a dangerous dog in the opinion of the
bylaw enforcement officer, he may apply to a Justice for the
dog to be destroyed.
6. Right and Responsibilities of All Persons
(a) No person shall in any way mistreat a dog by:
i. causing any unnecessary physical pain to the dog, or
ii. neglecting to provide shelter, food, and potable water as
often as is necessary to maintain the good health of the
dog, or
iii. neglecting to provide the necessary treatment for a dog
suffering from disease or injury or which is infested by any
vermin or parasite, or
iv. Harassing or tormenting the dog.
(b) Any person found mistreating a dog may be reported to the
SPCA.
7. Impounding Dogs, Standards and Procedures
(a) Any dog which has been placed in a pound shall be kept
therein for a period of not less than three (3) clear days,
exclusive of Saturdays, Sundays, and statutory holidays unless
sooner claimed by the owner or otherwise disposed of in
accordance with this bylaw.
(b) An owner may redeem an impounded dog upon payment to
the poundkeeper of all fees and costs associated with
impounding the dog.
VILLAGE OF ROSALIND
BYLAW 267-21
2021
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(c) In any case, where a dog is found to be ill or has been injured
and it has been determined by a veterinarian or a bylaw
enforcement officer that the dog should be destroyed to
prevent needless suffering, the dog may be destroyed as soon
as practical.
(d) Any dog that has been impounded, for longer than the period
prescribed in this bylaw, may at the discretion of the pound
keeper:
i. be sold at a price to cover the cost of the impoundment,
provided that the dog is not sold to the owner or to any
other person representing the owner, or
ii. Be destroyed by a veterinarian.
(e) The pound keeper 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 given said owner a reasonable period to claim
the dog before disposing of the dog.
8. Licensing and Registration
(a) A resident of the Village of Rosalind who is the owner of any
dog which is at least six (6) months old shall register the dog at
the office of the Village of Rosalind. The fee for registration is
outlined in Schedule A. Refer to Schedule B for penalty
imposed for failure to comply.
(b) The owner of every dog shall, annually, renew the registration
for that dog by submitting to the Village the annual
registration fee along with any other information as may be
required by the Village. A license shall be valid only for the
year for which it was issued, regardless of actual date upon
which the license was purchased.
(c) Upon receipt of payment of the license fee for each new dog,
a numbered tag shall be issued to the owner.
(d) Every owner shall provide his dog with a collar to which the
owner shall affix the tag for such dog and the owner shall
ensure that the collar and tag are worn during those occasions
when the dog is not on the owner's premises. Refer to
Schedule B for penalty imposed for failure to comply.
(e) In case a dog license tag is lost or destroyed, a duplicate or
replacement will be issued by the Village free of charge.
(f) Licenses and tags are not transferable from one dog to
another, and no refund shall be made on any paid dog license
fee because of the death or sale of the dog or upon the owner
leaving the Village before expiration of the license period.
VILLAGE OF ROSALIND
BYLAW 267-21
2021
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D O G B Y L A W 2 6 7 - 2 1
(g) Any person that becomes the owner of a dog licensed under
this bylaw shall report the change of ownership to the Village
and the Village shall transfer ownership of the license to that
person, but no additional license fee shall owe by that person
to the Village for the year for which that license was
purchased.
(h) A "Dog with Wings" and registered guide Dog owned by a
blind Person shall be issued a license free of charge.
9. Dog Kennels
(a) Any person wishing to run a dog kennel in the Village of
Rosalind shall apply to the Village office for a dog kennel
license annually on or before January 31. The Village reserves
the right to inspect the said kennel before approving a kennel
license to determine if the facility is adhering to the
components of this Bylaw and the animals are being treated in
a humane manner.
(b) The Village of Rosalind Council reserves the right to allow or
decline all kennel applications and will use discretion on a
case-by-case basis.
(c) The fee for a dog kennel license will be determined by Council
resolution.
(d) A kennel shall be a maximum of 6 breeding female dogs to a
maximum of 9 breeding dogs to include studs. There is an
allowance for 2 pets, therefore to a maximum of 11 dogs. Each
dog for breeding purposes and pet shall be registered with the
Village of Rosalind according to current rates. (Schedule A).
(e) Boarding of dogs is not allowed.
10. Dogs per Household
(a) No household shall keep or have more than two (2) dogs,
restricted dogs, or any combination thereof within the
boundaries of the Village of Rosalind. Refer to Schedule B for
penalty imposed for failure to comply.
(b) This section does not apply to dogs registered with the Village
of Rosalind before October 1, 2012.
(c) This section will be to the discretion of Village of Rosalind
Council.
11. Offenses
(a) Every person who contravenes any provision of this bylaw is
guilty of an offense and liable on summary conviction to a fine
as specified in Schedule B.
VILLAGE OF ROSALIND
BYLAW 267-21
2021
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D O G B Y L A W 2 6 7 - 2 1
(b) Should any person be guilty of an offence for which no penalty
is specified in Schedule B herein, then such person shall be
liable upon summary conviction to a fine of not less than five
hundred dollars ($500) and not more than five thousand
dollars ($5000) and in default of payment of any fine, to
imprisonment for up to six (6) months.
(c) Notwithstanding any other provisions for penalties in this
bylaw, a bylaw enforcement officer may, in lieu of issuing a
violation ticket in respect to the alleged offense, issue a
voluntary penalty ticket for the offense and the accused may
within seven (7) days of the issuance of such ticket pay such
amount.
(d) If the prescribed voluntary penalty is not paid within the time
allotted herein, a bylaw enforcement officer may thereafter
issue a violation ticket in respect to the offense for which the
voluntary penalty ticket was issued.
(e) If the dog license is not paid within the time allotted in
Schedule A, a violation ticket may be issued for the balance
outstanding. If the violation ticket is not paid within 30 days
of issue, the balance of the ticket can be transferred to the
property tax account, plus administration fees and any
penalties, knowing that the amounts transferred to the tax roll
are then subject to penalties applicable to unpaid taxes.
12. Severability Provision
(a) Should any provision of this bylaw be invalid then such invalid
provision shall be severed, and the remaining bylaw shall be
maintained.
13. Miscellaneous
(a) Schedule B amended to adhere to current bylaw.
(b) Bylaw 235-12 is hereby rescinded.
(c) Bylaw 251-17 is hereby rescinded.
VILLAGE OF ROSALIND
BYLAW 267-21
2021
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D O G B Y L A W 2 6 7 - 2 1
THIS BY-LAW to become effective on the day of the final passing thereof.
Received first reading this 8th day of April 2021
_______________________
______________________
Mayor
Administrator
Received second reading this 8th day of April 2021
_______________________
______________________
Mayor
Administrator
Received third and final reading this 8th day of April 2021
_______________________
______________________
Mayor
Administrator
VILLAGE OF ROSALIND
BYLAW 267-21
2021
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D O G B Y L A W 2 6 7 - 2 1
Schedule A - License and Registration Fees
Paid on or before January 31 or
month occupant takes
possession
Paid in February or
one month after
possession date
Paid in March or
two months after
possession date
Paid in April or
three months
after possession
date
$20 per dog
$30 per dog
$50 per dog
$100 per dog
VILLAGE OF ROSALIND
BYLAW 267-21
2021
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Schedule B - Penalties
Section in
Bylaw
Offense
First Offense
Second
Offense
Third Offense
3) a)
Dog on private property without
permission
$100
$200
Court
3) b)
Dog on Village property without
effective control
$50
$100
Court
3) c) i)
Bark at a person
$50
$150
Court
3) c) ii)
Chase person or vehicle
$200
$400
Court
3) c) iii)
Attack person
Court
Court
Court
3) c) iv)
Chase or attack another's animal
$200
$400
Court
3) c) v)
Defecate on another's property
$50
$100
$150
3) c) vi)
Cause damage or nuisance
$50
$100
Court
3) d)
Bark excessively
$50
$100
Court
5) a)
Dog at large
$100
$200
Court
5) a)
Dangerous dog at large
Court
Court
Court
5) d)
Interfere with Bylaw Enforcement
Officer
$200
$400
Court
8) a)
Failure to Register Dog with
Municipality
$100
$200
Court
8) d)
No collar and or leash
$100
$200
Court
10) a)
Too many dogs per household
Kennel Fee
Council
Discretion
Council
Discretion