This is the exact embedded text of the captured official document.
Snapshot 128c65870373 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Page 1 of 9
Bylaw No.015-2023: Animal Licensing and Control Bylaw
Town of Smoky Lake
BYLAW NO. 015-2023
OF THE TOWN OF SMOKY LAKE
IN THE PROVINCE OF ALBERTA
A BYLAW OF THE TOWN OF SMOKY LAKE IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE TO
PROVIDE FOR THE REGULATION OF LICENSING AND CONTROL OF ANIMALS WITHIN THE TOWN OF
SMOKY LAKE.
WHEREAS pursuant to the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, and
any amendments, a Council may pass bylaws for the Municipal purposes respecting the safety, health and
welfare of people and the protection of people and property:
AND WHEREAS, pursuant to the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26,
and any amendments, a Council may pass bylaws for the Municipal purposes respecting wild and domestic
animals and activities in relation to them;
AND WHEREAS, pursuant to the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26,
and any amendments, a Council may pass bylaws for the Municipal purposes with respect of the enforcement of
Bylaws made under the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, or any
other enactment;
AND WHEREAS, pursuant to the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26,
and any amendments, provides that a Council of a Municipality may in a Bylaw regulate or prohibit and may
provide for a system of licenses, permits or approvals including establishing fees for such licences, permits and
approvals;
AND WHEREAS, The Council of the Town of Smoky Lake has determined that it is appropriate to establish a
system for the licensing and control of animals within the Town of Smoky Lake;
THEREFORE, the Council of the Town of Smoky Lake, in the Province of Alberta, duly assembled, enacts as
follows:
1
BYLAW TITLE
1.1
This Bylaw may be cited as the "Animal Licensing and Control Bylaw".
2.
DEFINITIONS
For the purposes of this Bylaw, the following works will have meaning assigned when capitalized.
2.1
"Animal" means any dog, restricted Dog, Nuisance Dog, Restricted Dog or Cat;
2.2
"Bylaw Enforcement Officer" means the individual appointed for this position, or in their absence,
the CAO;
2.3
"Cat" means a domesticated animal of the family Felidae;
Page 2 of 9
Bylaw No.015-2023: Animal Licensing and Control Bylaw
Town of Smoky Lake
2.4
"CAO" means Chief Administrative Officer;
2.5
"Council" means Council of the Town of Smoky Lake;
2.6
"Dog" means any domesticated dog, male or female over the age of six (6) months of the family
Canidae other than a Restricted Dog;
2.7
"Kennel" means the keeping of dogs or cats in a greater number than three;
2.8
"Kennel License" means a license issued to an owner for the keeping of dogs or cats in greater
number than three at one location within the limits of the Town;
2.9
"License" means a metal tag issued by the Town for attachment to a collar or harness to identify
a Dog, Restricted Dog, or Cat;
2.10
"Livestock" means horses, cattle, sheep, swine, goats, donkey, mules, poultry or other animals
commonly kept on a farm or for agricultural purposes, with the exception of Urban Hens as
permitted and licensed under the Urban Hen Bylaw;
2.11
"Nuisance Dog" means any dog that has been the subject of three or more convictions within the
previous three years for any combination of the following offences under this Bylaw:
a)
Excessive barking;
b)
Defecation;
c)
Public nuisance;
d)
Off property of owner.
2.12
"Off-Leash Area" means an area designated by the Town where a Dog is not required to be held
by a leash;
2.13
"Owner" includes any person named on a License; or in actual or apparent possession or control
of property where an animal is kept or resides:
2.14
"Peace Officer" means:
a)
A member of the Royal Canadian Mounted Police;
b)
A Community Peace Officer where that person's appointment as a Community Peace
Officer that person is empowered to carry out the duties of a Peace Officer.
2.15
"Pound" means a place designated by the CAO for the confinement of Animals that have been
impounded;
2.16
"Prohibited Animal" means any of the following:
a)
Livestock;
b)
Bees;
c)
Poisonous snakes;
d)
Pot bellied pig; or
Page 3 of 9
Bylaw No.015-2023: Animal Licensing and Control Bylaw
Town of Smoky Lake
e)
Any animal other that a Dog, Restricted Dog, or Cat that is in adult form.
2.17
"Restricted Dog" means any domesticated animal of the family Canidae that:
a) has chased, attacked or bitten any person or animal causing physical injury and resulting in a
conviction under this Bylaw;
b) that has chased, attacked or bitten any person or animal on more than one occasion, with or
without causing physical injury, and resulting in separate convictions under this Bylaw;
c) that has been made the subject of an order under the Dangerous Dogs Act.
2.18
"Service Dog" means a dog trained by a recognized agency to perform specific tasks to help
people with visible and non-visible disabilities.
2.19
"Violation Tag" means a tag or similar document issued by the Town pursuant to the Municipal
Government Act, R.S.A. 2000, c. M-26, as amended;
2.20
"Violation Ticket" means a ticket issued pursuant to the Provincial Offences Procedures Act,
R.S.A. 2000, c P-34, as amended.
3.
LICENSING OF DOGS
3.1
The owner of a Dog shall obtain a License for the Dog;
3.2
Restricted Dogs shall obtain a License for a Restricted Dog;
3.3
The requirements of Section 3 do not apply to Dogs under the age of twelve (12) months;
3.4
Before the issuance or renewal of the License fee, established under the Master Rates Bylaw,
the Owner must submit to the Town:
a)
the License fee;
b)
proof of the Dog or Restricted Dog being spayed or neutered, if applicable;
c)
proof of insurance coverage, if applicable;
d)
proof that at least one person named on the License is at least eighteen (18) years of
age;
d)
any additional information reasonably required by the Town.
4.
REGULATION OF DOGS
4.1
The Owner or any other person having care or control of a Dog or Restricted Dog shall ensure
that the License Tag, issued by the Town, is securely fastened to the collar or harness worn by
the Dog or Restricted Dog at all times when it is off the property of the Owner.
4.2
The Owner or any other person having care or control of a Dog or Restricted Dog shall ensure
that it does not bark or howl in a manner that is reasonably likely to annoy or disturb others.
4.3
In determining whether the barking or howling is reasonably likely to annoy or disturb others,
consideration may be given, but not necessarily limited to:
Page 4 of 9
Bylaw No.015-2023: Animal Licensing and Control Bylaw
Town of Smoky Lake
a)
the proximity of the complainant(s) to the property where the Dog or Restricted Dog is
barking or howling;
b)
the duration of the barking or howling;
c)
the time of day and day of the week;
d)
the nature and use of the surrounding area;
e)
the effects of the barking on the complainant(s).
4.4
The Owner or any other person having care or control of a Dog or Restricted Dog shall
immediately remove any feces left by the Dog or Restricted Dog on any property other than on
the property of the Owner;
4.5
The Owner or any other person having care or control of a Dog or Restricted Dog shall ensure
that any feces on the property of the owner does not accumulate to the extent that it is
reasonably likely to annoy others or pose a health risk to humans;
4.6
The Owner or any other person having care or control of a Dog or Restricted Dog shall at all
times when it is off the property of the Owner:
a)
have it under control and held on a leash not exceeding two (2) meters in length; or
b)
obtain consent of the person in charge of the property to allow the Dog to be off-leash.
4.7
When a Dog is within an Off-Leash Area, the Dog need not be held on a leash, however:
a)
the Owner or any other person having care or control of a Dog shall carry with them a
leash not exceeding two (2) meters in length;
b)
The Owner or any other person having care or control of a Dog shall have a Dog under
control while in an Off-Leash Area.
4.8
The Owner or any other person having care or control of a Restricted Dog shall at all times when
it is off the property of the Owner, including when it is within an Off-Leash Area, have it:
a)
under control;
b)
muzzled; and
c)
held on a leash not exceeding two (2) meters in length.
4.9
The Owner or any other person having care or control of a Dog or Restricted Dog shall ensure
that it does not:
a)
damage property;
b)
chase, attack or bite any person or animal; or
c)
cause physical injury.
4.10
No person shall provoke a Dog or Restricted Dog in any manner that could reasonably be
expected to cause the Dog or Restricted Dog to:
a)
damage property;
Page 5 of 9
Bylaw No.015-2023: Animal Licensing and Control Bylaw
Town of Smoky Lake
b)
chase, attack or bite any person or animal;
c)
cause physical injury to any person or animal;
d)
bark.
4.11
The Owner of a Restricted Dog:
a)
shall obtain and keep in force a restricted license for their Restricted Dog.
b)
shall maintain in force liability insurance specifically covering any damages for personal
injury caused by the Restricted Dog in an amount not less than one million dollars
($1,000,000.00) per occurrence;
c)
shall keep the Restricted Dog confined indoors under the effective control of a person
the age of sixteen (16) years or older confined in a securely enclosed locked pen or
other structure constructed to prevent escape;
d)
shall ensure that when the Restricted Dog is off the premises of the Owner, the Owner
shall securely muzzle and harness or leash the Restricted Dog to effectively prevent it
from attacking or biting a person or other animal;
e)
shall take all necessary steps to ensure that the Restricted Dog does not bite, chase or
attack any person or other animal, whether the person or animal is on the property of
the Owner or not.
5.
LICENSING AND REULATION OF CATS
5.1
The Owner of a Cat shall obtain a License for the Cat once it is over the age of twelve (12)
months;
5.2
Before the issuance of a License, the Owner must submit to the Town:
a)
the License fee established under the Master Rates Bylaw;
b)
proof of the Cat being spayed or neutered, if applicable;
c)
proof that at least one person named on the License is at least eighteen (18) years of
age;
c)
any additional information reasonably required by the Town.
5.3
The Owner or any person having care of control of a Cat shall ensure that the License Tag
issued by the Town is securely fastened to a collar or harness worn by the Cat when it is off the
property of the Owner;
5.4
The Owner or any person having care of control of a Cat shall ensure that the Cat does not
enter onto property other than the property of the Owner, unless the Cat is on a leash not
exceeding two (2) meters in length or the person in charge of the property consents to the Cat
being their;
5.5
The Owner or any person having care or control of a Cat shall ensure that it does not howl in a
manner that is likely to annoy or disturb others;
Page 6 of 9
Bylaw No.015-2023: Animal Licensing and Control Bylaw
Town of Smoky Lake
5.6
In determining whether the howling is reasonably likely to annoy or disturb others, consideration
may be given, but not necessarily limited to:
a)
the proximity of the complainant(s) to the property where the Cat is howling;
b)
the duration of the howling;
c)
the time of day and day of the week;
d)
the nature and use of the surrounding area;
e)
the effects of the howling on the complainant(s).
6.
OTHER REGULATIONS
6.1
No person shall keep or have a Prohibited Animal on any property located within the boundaries
of the Town. This section does not apply to:
a)
Animals that are participants in a parade, circus, rodeo, agricultural show or any similar
function approved by the Town;
6.2
No person shall keep or have more than three Dogs, Restricted Dogs or any combination
thereof, and three Cats on any property located within the boundaries of the Town. This section
does not apply to:
a)
Dogs, Restricted Dogs or Cats under three (3) months of age; or
b)
a person with a valid business license to operate:
i)
a small animal breeding or boarding establishment (kennel);
ii)
a pet store;
iii)
a veterinary clinic or hospital; or
iv)
an authorized SPCA.
7. GENERAL PROVISIONS
7.1
The onus of proving that a person has a valid License is on the person alleging the License;
7.2
A License issued under this Bylaw shall not be transferable from one animal to another;
7.3
The onus of proving the age of a Dog, Restricted Dog or Cat is on the person alleging the age;
7.4
Without restricting any other power, duty or function granted by this Bylaw, the CAO may:
a)
authorize whatever inspections are reasonably required to determine compliance with
this Bylaw;
b)
delegate any powers, duties or functions under this Bylaw to an employee of the Town;
c)
establish a Pound for the impounding of animals seized and impounded pursuant to this
Bylaw;
d)
establish forms for the purposes of this Bylaw:
Page 7 of 9
Bylaw No.015-2023: Animal Licensing and Control Bylaw
Town of Smoky Lake
e)
establish Off-Leash Areas; and
f)
approve any parade, circus, rodeo, agricultural show or any similar function within the
boundaries of the Town.
7.5
A copy of a record of the Town, certified by the CAO as a true copy of the original, shall be
admitted in evidence as prima fade proof of the facts stated in the record without proof of
appointment or signature of the person signing it;
7.6
Nothing in this Bylaw limits the right of any person to prosecute or claim for damages by reason
of injuries to persons or property resulting from the action of the Owner or any animal, or from
the action of any agent of the Owner.
8. LICENSING FEES
8.1
Council shall establish a Schedule of Fees to be charged for the licensing of animals under this
Bylaw;
8.2
The licensing fees shall be those set out in the Master Rates Bylaw.
9. GENERAL
9.1
Without restricting any other power, duty or function granted by this Bylaw, the CAO, any Peace
Officer, or any Bylaw Enforcement Officer may:
a)
carry out any inspection to determine compliance with this Bylaw, or take any steps or
carry out any action required to enforcement this Bylaw, unless otherwise stated in other
enactment;
b)
take any steps or carry out any actions required to remedy a contravention of this Bylaw,
unless otherwise stated in another enactment; or
c)
establish investigation and enforcement procedures with respect to property.
10. APPEAL PROCEDURE
10.1
A person who received a written order under this bylaw may request Council to review the order
by delivering a written request on a completed form attached to their written notice, to the CAO
within fourteen (14) days of the date the order is received. The order shall be deemed received
within five (5) days of mailing.
10.2
After reviewing the order, Council may confirm, vary, substitute, or cancel the order.
11. OFFENCE
11.1
A person who contravenes any provision of this Bylaw is guilty of an offence.
12. OFFENCES & PENALTIES
12.1
A person who is guilty of an offence is liable, upon summary of conviction, to a specified penalty
for that offence as set out in the Master Rates Bylaw.
12.2
Notwithstanding Section 23.1 of this bylaw, any person who commits a second or subsequent
offence under this bylaw within one (1) year of committing a first offence under this bylaw, is
liable upon summary conviction to the fine as set out in the Master Rates Bylaw, for that offence.
Page 8 of 9
Bylaw No.015-2023: Animal Licensing and Control Bylaw
Town of Smoky Lake
12.3
Under no circumstances shall a person contravening any provision of this Bylaw be subject to
the penalty of imprisonment.
13. VIOLATION TAGS
13.1
A Peace Officer or Bylaw Enforcement Officer is hereby authorized and empowered to issue a
Violation Tag to any person whom the Peace Officer or Bylaw Enforcement Officer has
reasonable ground to believe has contravened any provision of this Bylaw.
13.2
A Violation Tag may be served:
a)
In the case of an individual:
i)
by delivering it personally to the individual;
ii)
by leaving it for the individual at the apparent place of residence with someone
who appears to be at least 18 years of age; or
iii)
by mail addressed to the individual at the apparent place of residence to any
address for the individual on the tax roll of the Town; and
b)
In the case of a corporation:
i)
by delivering it personally to any director or officer of the corporation;
ii)
by delivering is personally to a person apparently in charge of an office of the
corporation at an address held out by the corporation; or
iii)
by mail addressed to the registered office of the corporation.
13.3
A Violation Tag issued pursuant to this bylaw shall be in a form approved by the CAO and shall
state:
a)
the name of the person to whom the Violation Tag is issued;
b)
a description of the property upon which the offence has been committed, if applicable;
c)
a description of the offence and the applicable Bylaw section;
d)
the appropriate penalty for the offence as specified in the Master Rates Bylaw;
e)
the time period in which the specified penalty must be paid in order to avoid prosecution
for alleged offence; and
f)
any other information as may be required by the CAO.
13.4
Where a Violation Tag has been issued pursuant to this Bylaw, the person to whom the Violation
Tag has been issued may, in lieu of being prosecuted for the offence, pay to the Town, the
penalty specified on the Violation Tag.
13.5
Nothing in this Bylaw shall prevent a Peace Officer or Bylaw Enforcement Officer from
immediately issuing a Violation Ticket.
Page 9 of 9
Bylaw No.015-2023: Animal Licensing and Control Bylaw
Town of Smoky Lake
14. VIOLATION TICKETS
14.1
In those cases where a Violation Tag has been issued, and if the penalty is not paid within the
prescribed time period, a Peace Officer or Bylaw Enforcement Officer is hereby authorized and
empowered to issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedure
Act, to any person whom the Peace Officer or Bylaw Enforcement Officer has reasonable
grounds to believe has contravened any provision of this bylaw.
14.2
Notwithstanding the foregoing provision of this bylaw, a Peace Officer or Bylaw Enforcement
Officer is hereby authorized and empowered to immediately issue a Violation Ticket pursuant to
Part II of the Provincial Offences Procedure Act, to any person whom the Peace Officer or Bylaw
Enforcement Officer has reasonable grounds to believe has contravened any provision of this
Bylaw.
14.3
A Violation Ticket issued with respect to a contravention of this bylaw shall be served on the
person responsible for the contravention in accordance with the Provincial Offences Procedure
Act.
15. SEVERABILITY
15.1
It is the intention of Council that each separate provision of this Bylaw shall be deemed
independent of all other provisions, and it is further the intention of Council that is any provision
of this Bylaw be declared invalid, that provision shall be deemed to be served and all other
provisions of Bylaw shall remain in force and effect.
16. REPEAL OF BYLAWS
16.1
Bylaw No. 001-14: Animal Licensing and Control Bylaw is hereby repealed upon the final
passing of this Bylaw:
17. EFFECTIVE DATE
17.1
This Bylaw shall come into force and effect on third and final reading.
READ a FIRST time this 27th Day of November, 2023.
READ a SECOND time this 27th Day of November, 2023.
READ a THIRD and FINAL time with the unanimous consent of all Councillors present this
27th Day of November, 2023.
________________________
Amy Cherniwchan
Mayor
________________________
Dawn Phillips
Chief Administrative Officer
ORIGINAL SIGNED
ORIGINAL SIGNED