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Summer Village of Ross Haven
Animal Control Bylaw #289-2022
Page 1 of 6
Bylaw 289-2022
Being a bylaw of the Summer Village of Ross Haven in the Province of Alberta
to govern the control of animals within the municipal boundaries.
Whereas, under provisions of Section 7 of the Municipal Government Act,
Chapter M-26 of the Revised Statutes of Alberta, 2000 and amendments thereto,
the Council may pass bylaws respecting domestic animals and activities in relation
to them and;
Whereas, the Council of the Summer Village of Ross Haven deems it in the best
interest of animal owners and the public in general for the Village to regulate
control of animals within its boundaries:
Now Therefore, the Council of the Summer Village of Ross Haven in Council
duly assembled, hereby enacts as follows:
I. DEFINITONS
"Animal" shall mean any domesticated animal, including but not limited to dogs,
cats, cattle, horses, fowl, sheep, or goats.
"Animal Control Officer" shall mean any person approved by the Summer
Village to carry out the provisions of this by-law. This could include RCMP
Officers, Peace Officers, Special Constables, Bylaw Enforcement Officers, the
Chief Administrative Officer, or any other individual appointed by Council.
"Dangerous Dog" shall mean any individual Dog which when either unmuzzled,
unleashed or unattended by its' Owner approaches any person or Animal in an
apparent vicious or terrorizing manner within any public or private places.
"Dog" shall mean all male or female of the species over the age of three months.
"Farm Animal" refers to livestock that is kept for agricultural purposes. It could
include but is not limited to domesticated Animals including cattle, sheep, swine,
goats, horses, mules, donkeys, and fowl.
"Owner" means any person who is:
i.
the licensed Owner of the Animal;
ii.
who has possession, care, and control, or custody of the Animal, either
temporarily or permanently; or
iii. who harbours the Animal, or allows the Animal to remain on that
persons premises.
"Pet" is an Animal kept primarily for a person's company or entertainment rather
than as a working Animal or as livestock. Pets include but are not limited to Dogs
and cats.
"Run At Large" shall mean an Animal that is at any place other than the property
of the Owner or the property of the harboured, and is not under the immediate,
continuous and effective control of the Owner. The Animal must have a suitable
recall / heel / submissive behavior or otherwise must be restrained by a leash held
Summer Village of Ross Haven
Animal Control Bylaw #289-2022
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Bylaw 289-2022
by a person and that leash is attached to a choke chain, collar, or harness, securely
holding the Animal.
"Summer Village" or "Village" means the Summer Village of Ross Haven in the
Province of Alberta.
"Vicious Dog" means:
(i)
any individual Dog that when unprovoked inflicts bites or attacks a
human being or other Animal either on public or private property;
(ii)
any individual Dog with a known propensity, tendency or disposition
to attack without provocation, to cause injury or to otherwise endanger
the safety of human beings or domestic Animals;
(iii)
any individual Dog which attacks a human being or domestic Animal
without provocation;
(iv)
any individual Dog owned or harboured primarily or in part for the
purpose of dog fighting or any Dog trained for dog fighting;
(v)
any individual Dog which has been found to be a "Dangerous Dog" on
at least one occasion;
(vi)
no Dog shall be deemed "vicious" if it bites, attacks, or menaces a
trespasser on the property of its Owner provided that such property is
posted with warning signs or harms or menaces anyone who has
tormented or abused it or is a professionally trained dog for law
enforcement or guard duties.
II. REGULATIONS
1. No Animals, other than cats, Dogs and other Pets may be harboured on
property zoned residential within the Village boundaries. Farm Animals
may only be harboured within the Village on land zoned as semi-public.
2. A person must not own, nor allow to reside on one property, more than four
(4) Dogs and (4) cats that are more than three months of age.
3. No Owner shall permit any Animal to Run At Large within the boundaries
of the Village.
4. An Owner must not allow a Farm Animal to be in parks, walkways, or
parkways.
5. No person shall remove or attempt to remove any Animal or Pet from the
possession of the Animal Control Officer or the Animal Holding Facility
prior to having paid the outstanding fines and fees.
6. No person, whether or not he or she is the Owner of an Animal or Pet which
is being pursued by the Animal Control Officer, shall;
i)
interfere with or attempt to obstruct an Animal Control Officer
Summer Village of Ross Haven
Animal Control Bylaw #289-2022
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Bylaw 289-2022
from enforcing the provisions of this bylaw;
ii) induce any Pet or Animal to enter a house or place where it may
be sage from capture or otherwise assist the Pet or Animal to
escape capture;
(iii) falsely represent himself as being in control of a Dog, so as to
establish that the Dog is not running at large;
(iv) unlatch or open the vehicle in which Animals or Pets captured for
impounding have been placed, so as to allow the Animals or Pets
to escape there from.
7. No person shall allow any Dog or Farm Animal to howl or bark excessively
or to make noise in a manner to disturb the quiet of any person.
8. If an Animal defecates on any public or private property other than the
property of its Owner, the Owner must remove the feces immediately.
III. DETERMINING A DOG TO BE VICIOUS
1. The Owner of a Dog, which the Owner has reason to believe to be a Vicious
Dog, shall keep such Dog in accordance with the provisions of section III
(3) of this bylaw;
2. If an Animal Control Officer determines that a Dog is a Vicious Dog, either
through personal observation or after an investigation initiated by a
complaint, he or she may, in writing;
i)
inform the Owner that his / her Dog has been determined to be a
Vicious Dog and
ii) require the Owner to keep such Dog in accordance with the
provisions of section III (3) or this bylaw, and
iii) inform the Owner that if the Vicious Dog is not kept in accordance
with section III (3) of this bylaw, the Owner will be fined, or subject
to enforcement pursuant to Schedule "B" of this Bylaw.
3) The Owner of a Dog determined to be a Vicious Dog under section III (1,
2) of this bylaw shall take the following precautions:
i)
at all times while a Vicious Dog is on the premises of its Owner, the
Owner shall either keep such Vicious Dog confined indoors, or
confined in a securely enclosed and locked pen, or other structure,
constructed to prevent the escape of the Vicious Dog, and capable
of preventing the entry of young children.
ii) such pen shall have secure sides and 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;
iii) when any Vicious Dog is off the premises of the Owner, the Owner
shall securely muzzle the Vicious Dog and ensure the Vicious Dog
is restrained by a leash which shall effectively prevent it from
attacking or biting a person or other Animals;
Summer Village of Ross Haven
Animal Control Bylaw #289-2022
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Bylaw 289-2022
SCHEDULE "A"
FINES
Fines shall be as follows:
I.
Infraction
Section
1st Offence
2nd Offence
1. Harbouring prohibited Animals
(II,1)
$ 100.00
$200.00
2. Running At Large
(II,2)
$ 100.00
$200.00
3. Removing from custody
(II,3)
$ 250.00
$500.00
4. Interfering with capture
(II,4)
$ 250.00
$500.00
5. Barking or howling
(II,5)
$ 100.00
$200.00
6. Failure to remove defecation
(II,6)
$ 100.00
$200.00
II.
If an animal control ticket issued to an Owner is not paid in accordance with the terms of
the ticket, the amount of the ticket shall be added to the following year's property tax of
that Owner's property.
Summer Village of Ross Haven
Animal Control Bylaw #289
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Bylaw 289-2022
SCHEDULE "B"
FINES - VICIOUS DOGS
I.
Infraction
Section
1st Offence
2nd Offence
1. Failure to confine a vicious dog
(III), (3)
$ 500.00
$ 1000.00
2. Failure to muzzle or otherwise secure
(III), (3)
$ 500.00
$ 1000.00
a vicious dog when off premises
3. If a vicious dog bites or attacks a
(III), (3)
$1000.00
$ 2000.00
person or animal causing injury
4. Permitting a vicious dog to run
(III), (3)
$ 500.00
$ 1000.00
at large
II.
If an animal control ticket issued to an Owner is not paid in accordance with the terms of the
ticket, the amount of the ticket shall be added to the following year's property tax of that
Owner's property.