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SUMMER VILLAGE OF SEBA BEACH
IN THE
PROVINCE OF ALBERTA
BY-LAW NO. 1-2005
BEING a Bylaw of the Summer Village of Seba Beach, in the Province of Alberta, to
control and regulate the running at large of dogs and cats, the destroying of dogs
after a period of impoundment, payment of costs and expenses for impoundment
and to regulate the number of dogs and cats on residential parcels of land.
WHEREAS under the provisions of the Municipal Government Act (Alberta) Section 7,
subsection (h) Council may pass a bylaw for municipal purposes respecting domestic
animals and activities in relation to them; and
WHEREAS the Council of the Summer Village of Seba Beach deems it desirable and in
the best interest of the residents of Seba Beach to pass a bylaw to control and regulate the
running at large of dogs and cats within the boundaries of Seba Beach, the destroying of
dogs and cats after a period of impoundment, payment of costs and expenses for
impoundment and to regulate the number of dogs and cats on residential parcels of land;
NOW THEREFORE, the Council of the Summer Village of Seba Beach, duly
assembled, hereby enacts as follows:
1.
That By-law 363 is hereby repealed.
SHORT TITLE AND DEFINITION:
2.
This By-law may be sited as, "The Animal Control By-law".
3.
In this By-law, unless the context otherwise requires:
(a) Animal Control Officer:
means a person appointed by the Village
Council to carry out the provisions of this By-law.
(b) Beach
: means land from the waterline to the municipal or private
property line.
(c) By-law Enforcement Officer:
means a person appointed by the
Council or Chief Administrative Officer of the Summer Village of
Seba Beach.
(d) Day:
means a continuous period of twenty-four hours.
(e) Cat:
means a male or female cat belonging to the genus felus.
(f) Dog:
means a male or female dog belonging to the genus canis.
(g) Housed and Confined:
means to confine a female dog or a female cat
during the whole period of time that such dog or cat, is in heat in such
a manner that the dog or cat, will not be a source of attraction to other
dogs or cats.
Page 2 ...
SHORT TITLE AND DEFINITIONS CONTINUED:
(h) Kennel:
means a dwelling, shelter, room or place so considered
housing or keeping three (3) or more dogs or cats over the age of three
(3) months.
(i) Livestock:
means any horse, head of cattle, sheep, goat, mule or ass.
(j) Owner:
means a natural person or body corporate who has legal title
to the animal, including dogs or cats and includes any person who has
possession or custody of the animal, temporarily or permanently, or
harbours the animal or suffers the animal to remain on his premises.
(k) Former Owner:
means a person who at the time of impounding was
the owner of the animal, which has subsequently been sold or
destroyed.
(l) Offence Ticket: includes any summons, tag or ticket issued by the
Summer Village of Seba Beach pursuant to this By-law.
(m) Pound: means a place where the Village Council shall provide or
designate for the confinement of impounded cats or dogs.
(n) Pound Keeper:
means any person duly authorized and designated
by the Village Council.
(o) Running at Large: means a dog or cat which is not on a leash and
under control of the person responsible and is actually upon property
other than the property of the owner. The leash shall not exceed
fifteen feet in length.
(p) Village: means the Municipal Corporation of the Summer Village
of Seba Beach, in the Province of Alberta.
(q) Village Council: means the Village Council for the Municipal
Corporation of the Summer Village of Seba Beach.
RESPONSIBILITIES OF OWNER:
4. (1) No person who is the owner or harbourer of a dog or cat shall permit or
otherwise allow such dog or cat to run at large within the corporate limits
of the Village.
(2) When a dog or cat is found running at large its owner shall be deemed to
have failed or refused to comply with the requirements of subsection (1).
5.
(a) The owner of a dog or cat shall not permit the dog or cat to become a
public nuisance by:
(i) biting or chasing a pedestrian;
(ii) biting, barking at, or chasing livestock, bicycles, automobiles or
other vehicles;
(iii) barking, howling, or otherwise disturbing any person;
(iv) causing damage to property or other animals.
Page 3 ...
RESPONSIBILITIES OF OWNER CONTINUED:
5. (b) The owner or harbourer of a dog or cat who permits his dog or cat to
defecate on property other than his own shall remove forthwith any
defecated matter so deposited.
(i) The owner or any other person having care and control of a dog or
restricted dog, shall forthwith remove any defecation left by it on
public property or private property other than that of the owner.
(ii) The owner or any other person having care and control of a dog or
restricted 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.
(c) The owner or harbourer of a female dog or cat which is in heat shall
keep the dog or cat housed and confined.
(d) The owner or harbourer of a dog or cat who allows such dog or cat to upset
waste receptacles or scatter the contents thereof, either in or about a lane,
street or other public or private property or in or about premises belonging
to the owner of a dog or cat, is guilty of an offence and shall in addition to
any penalty imposed upon him or her be held civilly liable to the Village,
for any expense directly or indirectly caused by the dog or cat in connection
with the receptacle upset or the waste scattered abroad.
(e) A blind owner of a registered or unregistered guide dog, or a blind person
being assisted by a registered or unregistered guide dog is not subject to the
obligations imposed in subsection (b).
RESPONSIBILITIES OF THE SUMMER VILLAGE OF SEBA BEACH
ADMINISTRATION
:
6.
It shall be the duty of the Village Council to establish a pound for the
impounding of dogs and cats captured pursuant to this By-law, and
Council are further authorized and empowered to make any and all
such rules and regulations not inconsistent with the provisions of this
By-law as they consider necessary for the conduct in regulating such
pound.
7.
It shall be the duty of the Village Council to appoint a Pound Keeper and
other such persons as they deem necessary for the carrying out of the
provisions of this By-law as required, and for the keeping of the pound.
Page 4 ...
8. (a) The pound keeper, Animal Control Officer, By-law Enforcement Officer
or Peace Officer may capture and impound any dog in respect for which
he believes or has reasonable grounds to believe an offence under this By-
law is being or has been committed.
(b) A Pound Keeper, Animal Control Officer, By-law Enforcement Officer
or a Peace Officer or any person authorized by this By-law to enforce the
provisions contained herein may enter onto the lands surrounding any
building in pursuit of any dog or cat which has been running at large.
ANIMAL CONTROL - OPERATION OF KENNELS:
9.
A kennel:
(a)
shall not be permitted on residential property unless the kennel be
located not less than one hundred (100) feet from any other
person's property, and
(b)
further provided that if written complaints are received by the
administration office, or damage is proven as a result of the kennel
or the operation thereof; Council may direct that the person
operating the kennel move or cease to operate the kennel.
PROHIBITED AREAS:
10.
For the purpose of this section "Parkland" means all beach, beach access
and recreational land owned and controlled by the Village, lying within
the village limits, and whether improved in whole or in part, in its natural
state, and includes neighborhood beautification areas publicly maintained
and administered by the village.
(i)
The owner or harbourer of a dog or cat shall not permit or
allow such dog or cat to be in the floral area of any parkland;
(ii)
The owner or harbourer of a dog or cat shall not place or
allow such dog or cat to enter or remain in any swimming,
bathing or wading pool or area that is provided for the use of
the public.
(iii)
The owner or harbourer of a dog or cat wishing to transport
said dog or cat to a pier or watercraft must do so by taking
the most direct route to and from said pier or watercraft.
Page 5 ...
INTERFERENCE WITH ENFORCEMENT OF BY-LAW
11.
No person whether or not he is the owner or harbourer of a dog which is
being has been pursued or captured shall:
(a)
Interfere with or attempt to obstruct a Peace Officer, Pound
Keeper, By-law Enforcement Officer, or Animal Control Officer
who is attempting to capture or has captured a dog or cat which is
subject to being impounded pursuant to the provisions of this
Bylaw;
(b)
induce the dog or cat to enter a house or other place where it may
be safe from capture or otherwise assist the dog or cat to escape
capture;
(c)
falsely represent himself as being in charge or control of dog or
cat so as to establish that the dog or cat is not running at large; or
(d)
unlock or unlatch or otherwise open the Pound van or vehicle in
which dogs or cats kept for impoundment have been placed so as
to allow or attempt to allow any dog or cat to escape there from.
NEGLIGENCE:
12.
No person shall:
(a)
untie, loosen or otherwise free a dog or cat which has been tied or
otherwise restrained; or
(b)
negligently or willfully open a gate, door or other opening in a
fence or enclosure in which a dog or cat has been confined and
thereby allow the dog or cat to run at large within the Village.
TORMENT:
13.
No person shall intentionally tease, torment or annoy any dog or cat.
RELEASE OF IMPOUNDED DOGS OR CATS:
14.(a)
The Pound Keeper shall keep all impounded dogs or cats for a
period of at least 72 hours, including the day of impounding.
Sundays and Statutory Holidays shall not be included in the
computation of the 72 hour period. During this period any healthy
dog or cat may be redeemed by its owner or agent, upon payment
to the Pound Keeper of the appropriate fine where applicable,
and/or impoundment fees as authorized by Council.
(b)
The Pound Keeper may sell or destroy a dog or cat after the dog or
cat is retained in the pound for 72 consecutive hours from the time
of impoundment, unless a person having authority orders a further
retention or the destruction of the dog or cat, or unless the owner of
the dog or cat makes arrangements with the Pound Keeper for the
further retention of the dog or cat
Page 6 ...
( c)
The purchaser of the impounded dog or cat from the pound
pursuant to the provisions of this By-law shall obtain full right and
title to it, and the right and title of the former owner of the dog or
cat shall cease thereupon.
( d )
The Pound Keeper shall report any apparent illness, communicable
disease, injury or unhealthy condition of any dog or cat to a
veterinarian and act upon his recommendation. The owner, if
known, shall be held responsible for all charges resulting from the
implementation of any such recommendations.
PENALTIES:
15.(a)
The Pound Keeper, Animal Control Officer, Police Constable or
By-law Enforcement Officer may enforce the provisions of this
By-law, and may issue an offence ticket to an owner alleged to
have committed one or more of the offences identified within this
By-law and as specified in Schedule "A". The offence ticket shall
state the section of the By-law which was contravened, and the
amount of the fine, as provided for within Schedule "A" to the By-
law which will be accepted by the Village in lieu of prosecution.
(b)
The offence ticket may be issued personally serving it upon the
alleged offender, or by leaving it at the residence of the alleged
offender, or by sending it to the alleged offender by registered
mail, to his last known post office address.
(c)
Upon production of the offence ticket issued, pursuant to this
Section, within (10) days from the days of issue, together with the
payment to the Summer Village of Seba Beach Administration
Office, of the fee as provided in Schedule "A", the person to whom
the offence ticket was issued shall not be liable for prosecution for
the contravention in respect of which the offence ticket was issued.
(d)
Notwithstanding the provisions of the Section, a person to whom a
offence ticket has been issued pursuant to this Section may
exercise his right to defend any charge of committing a
contravention of any of the provisions of this By-law.
SUMMARY CONVICTION:
16.(a)
A person who contravenes a provision of this By-law by doing
something which he is prohibited from doing, or by failing to do
something which he is required to do, or by doing something in a
manner different from that in which he is required or permitted to
do in this By-law, is guilty of an offence and subject to
prosecution:
Page 7 ...
(i) a person who contravenes a provision of this By-law is guilty
of an offence, and liable upon summary conviction to a fine as
specified within Schedule "A" to this By-law, together with the
costs of summary conviction, and upon failure to pay the fine
and costs, to imprisonment for a period not exceeding ninety
(90) days unless such fine and costs or committal are sooner
paid.
(b )
The levying and payment of any fine or the imprisonment for any
period provided in this By-law shall not relieve a person from the
necessity of paying any fees, charges or costs for which he is liable
under the provisions of this By-law.
(c)
A Provincial Judge, in addition to the penalties provided in the
Section may if he considers the offence sufficiently serious direct
or order that the person that owns, keeps, maintains or harbours the
dog or cat, to prevent such dog or cat from doing such mischief or
causing the disturbance or nuisance complained of, be removed
from the Village or be destroyed.
SEVERABILITY OF BY-LAW PROVISIONS
It is the intention of the Village Council that each separate provision of this By-law shall
be deemed independent of all other provisions, and it is further the intention of the
Village Council that if any provisions of this By-law be declared invalid, all other
provisions shall remain invalid and unenforceable.
Schedule A may be amended by resolution of Council.
READ a first time this 28th day of April, 2005
READ a second time this 28th day of April, 2005
READ a third and final time and passed this 28th day of April, 2005
_____________________________
Gary E. Schultz, Mayor
_____________________________
Susan Evans-Dzus, Administrator
Bylaw No. 1-2005
SCHEDULE "A"
AMOUNT WHICH WILL BE ACCEPTED BY THE SUMMER VILLAGE OF
SEBA BEACH IN LIEU OF PROSECUTION:
PENALTIES:
Section 4
Running at large
First Offence..........................................
$ 50.00
Second Offence.......................................
$ 100.00
Third and each subsequent offence..............
$ 200.00
Section 5 (a) Public Nuisance
First Offence..........................................
$ 75.00
Second Offence.......................................
$ 150.00
Third and each subsequent offence..............
$ 200.00
Section 5 (b) Defecation
First Offence..........................................
$ 50.00
Second Offence.......................................
$ 100.00
Third and each subsequent offence...............
$ 200.00
Section 5 (c) Confine female dog or cat in heat
First Offence..........................................
$ 25.00
Second Offence.......................................
$ 50.00
Third and each subsequent offence...............
$ 100.00
Section 5 (d) Upset of Waste Receptacle
First Offence..........................................
$ 25.00
Second Offence.......................................
$ 50.00
Third and each subsequent offence..............
$ 100.00
Section 10
Prohibited Areas
First Offence..........................................
$ 25.00
Second Offence.......................................
$ 50.00
Third and each subsequent offence...............
$ 100.00
Section 11
Obstruction......................................................
$ 50.00
Section 12
Negligence.......................................................
$ 50.00
Section 13
Torment..........................................................
$ 50.00