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## A BYLAW OF THE SUMMER VILLAGE OF SOUTH BAPTISTE, IN THE PROVINCE OF ALBERTA, IN RELATION TO THE ESTABLISHMENT OF THE RESPONSIBLE ANIMAL OWNERSHIP BYLAW 6-23
WHEREAS under the Authority of the Municipal Government Act RSA 2000 Chapter M-26, section 7 (h) authorizes Council to pass bylaws respecting domestic animals and activities in relation to them; and
WHEREAS, the Council of the Summer Village of South Baptiste deems it in the best interests of animal owners and the public in general for the village to regulate control of animals within its boundaries:
NOW THEREFORE, Council of the Summer Village of South Baptiste Council duly assembled, hereby enacts as follows:
## DEFINITIONS
"Animal" shall mean any domesticated animal, including but not limited to dogs, cats, domestic rabbits, cattle, horses, fowl, sheep or goats.
- 1.1. "At large" shall mean off the premises of the owner and not under the immediate, continuous and effective control of a competent person.
- 1.1. "Dog" shall mean a male or female of the species over the age of three months and shall include bitch, spayed bitch, male or neutered male.
- 1.2. "Livestock" includes but is not limited to animals typically kept for agricultural purposes: horses, mules, alpaca, sheep, pigs, bees, cows and other bovine species, and chickens and other avian species.
- 1.1. "Animal Control Officer" shall mean any person appointed by the Summer Village to carry out the provisions of this By-law.
- 1.2. "Leash" means a restraint that is less than two meters in length, attached to a collar, harness or muzzle and made of material capable of restraining an animal or aggressive dog on which it is being used.
- 1.3. "Owner" shall mean and include any person owning, possessing, having charge of or control over or harboring any animal or dog or permitting any animal or dog to remain about their house or premises.
- 1.4. "Run at large" shall mean an animal that is at any place other than the property of the owner or the property of the harbored or is not otherwise restrained by a leash held by a person and that leash is attached to a collar, choke chain, or harness, securely holding the animal.
- 1.5. "Summer Village" or "Village" means the properties, Council or staff of the Summer Village of South Baptiste in the Province of Alberta.
## 1.6. "Vicious dog" means:
- 1.6.1.any individual dog that, when unprovoked, inflicts bites or attacks a human being or other domestic animal either on public or private property;
- 1.6.2.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;
- 1.1.1.any individual dog which attacks a human being or domestic animal without provocation;
- 1.6.3.any individual dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting;
- 1.1.1.any individual dog which has been found to be a "dangerous dog" upon 3 separate occasions;
- 1.1.1.a dog may be considered "vicious" even where the following conditions exist:
- 1.1.1.1. the dog is on the owner's property;
- 1.1.1.2. warning signs are posted indicating the presence of a dog
- 1.1.1.3.the dog has been tormented or abused and the resulting action by the dog is to harm or menace a person;
- 1.1.1.1.the dog is a professionally trained dog for law enforcement or guard duties.
- 1.1. "Dangerous dog" shall mean any individual dog which, when either unmuzzled, unleashed or unattended by its owner, or a member of its owner's family, in a threatening, vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon roadways, or any public ground or places. Has repeatedly exhibited vicious behaviour as described in 1.8 on at least 2 individual incidents.
## 1. REGULATIONS
No animals, other than cats, dogs and other small pets may be harbored on any property within the Village boundaries, except properties zoned as agricultural.
1. No person or owner shall harbor, for longer than 72 hours, more than three dogs or three other small pets of one kind and aged six (6) months or more at the same time in any house, shelter, room or place within the Village unless a Development Permit for operating a kennel has been sought and obtained from the Village.
2. Properties zoned agricultural may keep domestic livestock.
- No person or owner shall permit or cause harm to animals through intentional actions or neglect of responsibilities related to appropriate care of animals.
1. No person or owner shall permit any dog to run at large within the boundaries of the Village. Dogs must be leashed and under effective control of a responsible person when in public locations in the village, including roadways, road allowances and pathways adjacent to their home property.
2. No person shall remove or attempt to remove any animal or small pet, including a dog, from the possession of the Animal Control Officer or any Animal Holding Facility prior to having paid the outstanding fines and fees.
1. No person, whether he or she is or is not the owner of a dog or small pet which is being pursued by the Animal Control Officer, shall:
- 1.1.Interfere with or attempt to obstruct an Animal Control Officer from enforcing the provisions of this By-law;
- 7.2. induce any dog, small pet or animal to enter a house or place where it may be safe from capture or otherwise assist the dog, small pet, or animal to escape capture;
- 1.1.1.falsely represent himself as being in control of a dog, to establish that the dog is not running at large;
- 1.1.2. unlatch or open the vehicle in which dogs captured for impounding have been placed, to allow dogs to escape therefrom
8. It shall be the duty of the occupant of any house or premises in or about which any female animal is kept or allowed to remain, to keep such animal housed and confined during the whole period during which the female is in heat.
- 9 No dog shall be allowed to defecate on any public or private property other than the property of its owner. If a dog defecates on any public or private property, the owner shall cause such defecation to be removed immediately.
- 10 If a dog defecates on its owner's property to the extent that an excessive smell results, the owner shall immediately remove the defecation upon notice. Defecation not removed within 48 hours of such notice will be removed and the cost charged to the owner, in addition to any applicable fines.
- a. No owner shall permit their dog to damage public or private property. If damage occurs as a result of their dog, the owners will be subject to fines and the cost of repairing such damage.
- b. The Summer Village may, from time to time, determine areas within the summer village where animals will be prohibited. Signage will be used to inform the public.
- c. The Owner shall ensure their animal/pet does not bark, howl or make other noise in a manner that is likely to disturb the peace or interfere with the quality of life or
amenity for others in the Summer Village and shall maintain reasonable quiet hours expected for any residential community.
- d. When determining whether a dog, or any other animal noise is disturbing the peace or intertering with the quality of life or amenity for others in the Summer Village consideration may be given to, but is not limited to:
2. (i) the number and the proximity of the complainants) to the animal making the noise;
3. (ii) duration and circumstance/situation of the noise;
4. (ill) the Owners actions to stop the disturbance;
5. (iv) nature and use of the surrounding area;
6. (V). time of day and day of the week.
## 3. DETERMINING AN ANIMAL TO BE VICIOUS
- 3.1. 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 3 of this Bylaw.
- 3.2. If an R.C.M.P Officer, or a Peace Officer, Special Constable or Bylaw Enforcement Officer, appointed by the Council, 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:
- 3.2.1. inform the Owner that his Dog has been determined to be a Vicious Dog, and
- 1.1.1. require the Owner to keep such Dog in Accordance with the Provisions of Section 3 of this Bylaw, and
- 1.1.2. inform the Owner that if the Vicious Dog is not kept in accordance with Section 3 of this Bylaw, the Owner will be fined, or subject to enforcement action pursuant to Schedule "B" of this bylaw.
- 1.1.3. inform the owner that it appears to the justice that the dog ought to be destroyed, and the justice shall direct a peace officer to destroy it.
- 3.3. The Owner of a Dog determined to be A Vicious Dog under Section 3 of this Bylaw shall take the following precautions:
- 1.1.1.at all times while a Vicious Dog is on the premises of its Owner, the Owner shall either keep such 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 children;
- 1.1.1.such pen shall have secure sides and a 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;
- 1.1.2.when any Vicious Dog is off the premises of the owner, the owner shall securely muzzle the Dog and ensure the Dog is restrained by a permitted leash which shall effectively prevent it from attacking or biting a person or other animals;
- 1.1.3.the Owner of a Vicious Dog shall take all necessary steps to ensure that such 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. On second offence, the vicious dog will no longer be permitted within the Summer Village boundaries;
- 1.1.4.the Owner of a Vicious Dog shall not permit such Dog to run at large;
## 1. TICKETS/FINES
- 1.1. An animal control ticket issued to any person contravening any provision of this By-law shall be deemed to be sufficiently served if:
- 1.1.1.served personally on the owner of the animal; or
- 1.1.1.mailed by registered mail to the address of the owner as recorded on the Village tax roll; or
- 1.1.2.left at the residence of the accused in care of a person who appears to be at least 16 years of age
- 1.2. Fines levied for contravention of the By-law are listed in schedule "A" of this By-law.
## COMING INTO FORCE
This bylaw shall come into full force and effect upon adoption.
READ a first time this day of June 2023.
READ a second time this day of June 2023.
READ a third and final time this 26* day of August 2023.
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Whey Daleby
layor, Wendy Appleb
SIGNED this 31st day of August 2023
finch laland
C.A.O. Linda Roland
## BY-LAW 6-23
## SCHEDULE "A" FINES
Fines shall be as follows: Should these be under one schedule of Fees and Penalties in one bylaw.
| I Infraction | Section | 1ª Offence | 2ª Offence |
|------------------------------------------------------------------|------------------------------------------------------------------|--------------|--------------|
| 1. Harbouring prohibited animals (2.1) | | $250.00 | $500.00 |
| 2. Having in excess of three pets of the same kind (2.2) $250.00 | 2. Having in excess of three pets of the same kind (2.2) $250.00 | | $500.00 |
| 3. Running at large | (2.3) | $250.00 | $500.00 |
| 4. Removing from custody | (2.4) | $250.00 | $500.00 |
| 5. Interfering with capture | (2.5) | $250.00 | $500.00 |
| 6. Not confining bitch in heat | (2.6) | $250.00 | $500.00 |
| 7. Barking or howling | (2.7) | $250.00 | $500.00 |
| 8. Failure to remove defecation | (2.8) | $250.00 | $500.00 |
- II. If an animal control ticket issued to an owner as a result of an infraction of this By-law is not paid in accordance with the terms of the ticket, information may be filed and a summons issued and prosecution conducted against such owner for the alleged violation. Court costs will be levied in addition to fines.
Any person who contravenes any of the provisions of the By-law shall be liable upon summary conviction to a penalty not to exceed $2,500.00 plus costs, or in default of payment, to imprisonment for a period not to exceed 30 days.
## SCHEDULE "B"
| | | | 2nd |
|---------------|---------------------------------------------------------------------------|---------|-----------|
| | | Offense | Offense |
| Section 3.3.1 | Failure to confine a Vicious Dog | $500.00 | $1000.00 |
| Section 3.3.3 | Failure to muzzle or otherwise secure a Vicious Dog when off the premises | $500.00 | $1000.00 |
| Section 3.3.5 | Permitting a Vicious Dog to run at large | $500.00 | $1000.00 |
| Section 3.3.4 | *If a Vicious Dog bites or attacked a person or animal causing injury | $500.00 | $1000.00* |
*On second offence, the vicious dog must be permanently removed from the Summer Village of South Baptiste.
Any Owner who commits three or more offences listed in this Section will be issued a compulsory court notice, and upon conviction will be subject to a fine of not more than $5000.00 and not less than $1000.00 and the dog will be permanently removed from the Summer Village of South Baptiste.