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THE CITY OF SPRUCE GROVE
BYLAW C-1309-24
RESPONSIBLE PET OWNERSHIP BYLAW
WHEREAS, pursuant to the Municipal Government Act, R.S.A., 2000, c M-26, as
amended, a municipality may pass bylaws with respect to wild and domestic animals
and activities in relation to them;
AND WHEREAS pursuant to the Municipal Government Act, R.S.A., 2000, c M- 26, as
amended, a municipality may pass bylaws with respect to the safety, health and welfare
of people and the protection of people and property;
AND WHEREAS, the City of Spruce Grove is of the view that it is necessary for the
preservation and protection of public health, safety and welfare of the residents of the
City of Spruce Grove to provide for the control and keeping of Dogs and Catsand
Domesticated Animals within the City of Spruce Grove.
NOW THEREFORE, the Council for the City of Spruce Grove, duly assembled hereby
enacts as follows:
1.
RESPONSIBLE PET OWNERSHIP BYLAW
1.1
This bylaw is called the "Responsible Pet Ownership Bylaw".
2.
DEFINITIONS
2.1
"Animal" means any live creature, both domestic and wild, and includes
fowl, fish and reptiles, but does not include a human.
2.2
"Animal Control Officer (ACO)" means an empowered Person and their
administrative supervisors, whose duties entail carrying out the provisions
of this bylaw.
2.3
"Cat" means any domesticated cat.
2.4
"City" means the municipal corporation of the City of Spruce Grove in the
Province of Alberta.
2.5
"Collar'' means a device made of leather, fibre, metal etc. capable of
having metal Tags securely fastened to it and designed and solely
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intended to be worn around the neck of a Dog or Cat.
2.6
"Communicable Diseases" means diseases which can be passed from
Animal to Animal and zoonotic diseases as per the Animal Protection Act,
R.S.A 2000, c A-41, as amended.
2.7
"Council" means the Council of the City of Spruce Grove elected pursuant
to the Local Authorities Election Act, R.S.A. 2000, c L-21, as amended.
2.8
"Dog" means any canine Animal over the age of six (6) months.
2.9
"Domestic Animal" means all Animals which have been domesticated for
agricultural use and;
(a) Shall include, without restricting the generality of the foregoing, pigs,
horses, sheep, goats, chickens, geese, turkeys, ducks or cows.
(b) Includes those animals that have been domesticated and are kept as
pets, and shall include but not limited to pigeons, rabbits and
pheasants but shall not include Cats.
2.10 "Former Owner'' means a Person or group of Persons, partnership or
association who, at the time of impoundment was the Owner of the Dog or
Cat or Domesticated Pet or Domesticated Animal which was subsequently
sold or euthanized.
2.11 "Kennel" means any place or establishment run by any person, group of
persons, or corporation engaged in the business of breeding, buying,
selling, training, or boarding of Animals of any kind. This definition does
not include premises licensed by the City as veterinary clinics or Dog
grooming establishments, nor does it include those premises designated
as the Pound as defined in this bylaw.
2.12 "Owner'' means a Person or group of Persons, corporation, partnership or
association having legal title or ownership, temporary care, control or
custody or permanent possession of a Dog or Cat or Domestic Animal, or
who harbours or permits a Dog or Domestic Animal to remain on their
premises.
2.13 "Peace Officer'' means a member of the Royal Canadian Mounted Police,
a Peace Officer appointed under the Peace Officer Act, S.A. 2006, c P-
3.5, as amended or a bylaw enforcement officer appointed under the
Municipal Government Act, R.S.A. 2000, c M-26, as amended.
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2.14 "Person" means any individual, corporation, firm, partnership, association,
society, or registered company.
2.15 "Playground" means that portion of a public park in the City of Spruce
Grove that contains playground equipment such as sandboxes, slides,
teeter totters, monkey bars and other equipment for the use and
enjoyment of children.
2.16 "Pound" means a place designated by Council for the impounding and
keeping of Dogs and Cats and Domestic Animals found Running at Large
within the municipal limits of the City of Spruce Grove.
2.17 "Residential District" means an area designated as a Residential District in
the City's Land Use Bylaw, as amended.
2.18 "Roadway" means any street or highway, whether publicly or privately
owned, any part of which the public is ordinarily entitled or permitted to use
for the passage or Parking of vehicles.
2.19 "Running at Large" means any Dog or Cat or Domestic Animal that is off
the property of the Owner or harbourer and is not on a leash or lead and
under the control of a responsible or competent Person capable of
controlling the Animal. The leash or lead shall not be greater than three
(3) metres in length.
2.20 "SPCA" means The Society for the Prevention of Cruelty to Animals.
2.21 "Tag" means a disc or other shape of metal or plastic which is securely
affixed to a Dog's or Cat's Collar or other restraining device, and which
contains, at a minimum an operational phone number of the Owner or a
phone number at which the Owner can be contacted.
2.22 "Tranquilizer Gun" means a pistol, rifle, or Kap-Chur™ or similar device
capable of propelling a dart containing a tranquilizer drug approved by a
qualified veterinary surgeon. The device may be used for immobilizing an
Animal in order to facilitate capture by a Peace Officer.
2.23 "Vicious Dog" means a Dog which:
(a) shows a propensity, disposition or potential to attack or injure
humans or other Animals without provocation;
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(b) attacks, bites, or injures any human or other Animal without
provocation;
(c)
represents a continuing threat of serious harm to humans or other
Animals;
(d) is deemed to be dangerous by a Justice under the provisions of
the Dangerous Dogs Act, R.S.A., 2000, c D-3, as amended.
3.
DOG AND CAT IDENTIFICATION PROVISIONS
3.1
All Owners must ensure that Dogs or Cats over the age of six (6) months
which they own have a Tag containing a legible and operational phone
number of the Owner or where the Owner can be contacted. The Tag shall
be securely attached to a Collar, choke chain or harness which must be
worn at all times by the Dog or Cat when the Dog or Cat is off the property
of the Owner.
3.2
The Dog or Cat shall not be considered to be properly identified if the Dog
or Cat is not wearing a Collar with a Tag when the Dog or Cat is off the
property of the Owner and the Owner shall be subject to a fine for failing to
properly identify the Dog or Cat as per Schedule "A" - Fines for
Infractions.
4.
RESTRICTIONS AND RESPONSIBILITIES
4.1
No Person shall keep, harbour or possess a Domesticated Animal within
the municipal limits of the City of Spruce Grove except:
(a) in accordance with the provisions of the City's Land Use Bylaw, as
amended or as otherwise provided for in this bylaw.
(b) in accordance with a permit issued by the City and in compliance with
any other Bylaw of the City.
4.2
The keeping of pigeons or rabbits is permitted in numbers less than five
(5) on residential property, subject to the pigeons or rabbits, if they are
kept out of doors, being kept in pens. The pens may not be closer than
one and one half (1½) metres from the nearest property boundary and if
complaints arise from the keeping of said pigeons or rabbits or damage to
another Person's property by said pigeons or rabbits as proven, Council
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may direct the Person owning the said pigeons or rabbits to restrain,
dispose of or destroy the same.
4.3
It shall be the responsibility of all Owners of Dogs or Cats or Domesticated
Pets to ensure that:
(a) the Dog or Cat or Domestic Animal is not permitted to Run at Large;
(b) the Dog or Cat or Domestic Animal is not permitted to bark, howl or
bay excessively in such a manner as to disturb the quiet of any
Person(s);
(c)
during any period in which a bitch or female member of a species of
Domestic Animal is in heat, the Owner of such Animal shall keep the
bitch or female in heat housed or confined within a house, shed or
other fully enclosed structure during the entire period it is in heat;
(d) no Dog or Cat or Domestic Animal is permitted to enter or remain in
any swimming, bathing, or wading pool or pond areas provided for
the use of the public;
(e) no Dog or Cat or Domestic Animal that is suffering from a
Communicable Disease is permitted to come in contact with other
Animals or humans. The Owner of said distressed Dog or Cat or
Domestic Animal shall ensure the Animal is kept confined;
(f)
no Dog or Cat or Domestic Animal is permitted to be a public
nuisance by:
(i)
biting, attempting to bite or chasing people or other Animals,
(ii)
biting, threatening or chasing livestock, or
(iii) causing any harm or damage to any other Animal.
(g)
The Owner of any Dog or Cat or Domestic Animal deemed to be a
public nuisance may be fined as specified in Schedule A to this bylaw
and ordered by a Magistrate or Justice of the Peace to muzzle or
confine said Animal for such period of time as is determined by said
Magistrate or Justice of the Peace. A Magistrate or Justice of the
Peace may also order said Animal to be euthanized as per the
Dangerous Dogs Act;
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(h) no Dog or Cat or Domestic Animal is permitted to cause damage to
public or private property or other Animals;
(i)
no Dog or Cat or Domestic Animal is permitted on any Playground
areas;
(j)
no Dog or Cat or Domestic Animal is permitted on any school
grounds, parks or open spaces unless it is on a leash not exceeding
three (3) metres in length or as otherwise designated by the City; and
(k)
no Dog or Cat or Domestic Animal is allowed to defecate on any
public or private property other than the property of the Owner. If a
Dog or Cat or Domestic Animal defecates on any public or private
property, the Owner shall cause the feces to be removed
immediately.
4.4
A resident of Spruce Grove may make an application to Enforcement
Services to rent a live cat trap to catch any Cats located on their property.
(a) Cat traps will only be provided to residents from April 1st to
September 30th.
(b) Upon catching a Cat the resident will return the Cat to its rightful
Owner or deliver it forthwith to the Parkland County Shelter.
4.5
No person shall keep or have more than five (5) Dogs and Cats in total on
any premises with a municipal address in the City. This section does not
apply:
(a) in the case of Dogs or Cats under the age of six months;
(b) if the person has a valid business license issued by the City to
operate a Kennel;
(c)
to premises licensed by the City as veterinary clinics or Dog
grooming establishments, nor does it include those premises
designated as the Pound as defined in this bylaw, or;
(d) to premises operating in accordance with the City's Land Use Bylaw,
as amended or otherwise provided for in this bylaw.
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4.6
No person or owner shall cause or permit an Animal to be in distress.
4.7
A person or owner shall:
(a) ensure that the Animal has adequate food and water;
(b) provide the Animal with adequate care when the Animal or Dog is
wounded or ill;
(c)
provide the Animal with reasonable protection from injurious heat or
cold;
(d) provide the Animal with adequate shelter, ventilation, and space;
(e) not negligently or willfully abandon an Animal at an animal shelter
regardless if it was originally impounded;
(f)
not tease, torment, annoy, abuse, harass or inure any Animal.
4.8
No Vicious Dog is permitted or allowed to be on any public or private
property other than the property of the Owner unless the Vicious Dog is:
(a) muzzled;
(b) on a leash adequate to restrain the Dog; said leash shall not be
longer than two (2) metres; and
(c)
under the effective control of the Owner or someone over the age of
sixteen (16) years of age acting on behalf of and with the authority of
the Owner.
4.9
Sections 4.8 (a) and (b) shall not apply to a Vicious Dog which is confined
within a secure and locked pen, or to a Vicious Dog which is in a building
or enclosure and in attendance at a bonafide Dog show.
4.10 At all times, every Vicious Dog which is on private property owned or
under control of its Owner shall either be confined indoors or under the
effective control of a Person over the age of sixteen (16) years or
confined in a secure and locked pen capable of preventing the entry of
young children. Such a pen shall have secure sides and a secure top and
if it has no bottom secured to the sides, the sides shall be embedded in
the ground to a minimum depth of thirty (30) centimetres, and the pen
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shall be so constructed of a minimum of nine (9) gauge link fence.
4.11 The Owner of a Vicious Dog shall take all necessary steps to ensure that
such a Dog does not bite, chase or attack any Person or other Animal,
whether or not the Person or other Animal is on the property of the Owner
or not.
4.12 If an Animal Control Officer or a Peace Officer determines that a Dog is a
Vicious Dog either through personal observation or after an investigation
initiated by a complaint, the Animal Control Officer or Peace Officer may in
writing:
(a) inform the Owner that the Owners Dog has been determined to be a
Vicious Dog;
(b) require the Owner to keep such Dog in accordance with the
provisions of this bylaw respecting Vicious Dogs; and
(c)
inform the Owner that, if the Vicious Dog is not kept in accordance
with the provisions of this bylaw with respect to Vicious Dogs, the
Owner will be fined or subject to enforcement action.
4.13 In addition to the remedies and penalties set forth in this bylaw, if the
Animal Control Officer determines that a Vicious Dog is not being kept in
accordance with this bylaw, the City may bring an application pursuant to
section 7 of the Municipal Government Act, R.S.A., c M-26, as amended
for an order directing that such Dog be controlled in accordance with this
bylaw or be removed from the City.
4.14 Where a Dog is determined to be a Vicious Dog pursuant to the provisions
of this bylaw, the Owner, possessor or harbourer of such Dog shall:
(a) post signs on their premises alerting the public to said fact that a
Vicious Dog is located on the said premises;
(b) not breed or sell such Dog within the City; and
(c)
immediately notify an Animal Control Officer or a Peace Officer
should the Dog be at large.
4.15 No Person shall allow a Dog to be outside of the passenger cab of a motor
vehicle on a Roadway, regardless of whether the motor vehicle is moving
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or Parked.
(a) Notwithstanding section 4.15, a Person may allow a Dog to be
outside the passenger cab of a motor vehicle, including riding in the
back of a pick up truck or flat bed truck if the Animal is:
(i)
in a fully enclosed trailer;
(ii)
in a topper enclosing the bed area of a truck;
(iii) contained in a ventilated Kennel or similar device securely
fastened to the bed of the truck; or
(iv) securely tethered in such a manner that it is not standing on
bare metal, cannot jump or be thrown from the vehicle, is not in
danger of strangulation, and cannot reach beyond the outside
edges of the vehicle.
(b) The owner of a vehicle involved in an offence referred to in this
section is guilty of the offence, unless that vehicle owner satisfies the
Court that the vehicle was:
(i)
not being driven or was not Parked by the vehicle owner; and
(ii)
that the Person driving or Parking the vehicle at the time of the
offence did so without the vehicle owner's express or implied
consent.
4.16 No Person shall:
(a) hinder, impede, delay, or obstruct any Person or Persons employed
by the City engaged in taking to the Pound any Dog or Domestic
Animal liable to be impounded under the provisions of this bylaw;
(b) remove or attempt to remove any Dog or Cat or Domestic Animal
from the possession of an Animal Control Officer, Pound keeper, or
any other Person(s) authorized to enforce any provisions of this
bylaw;
(c)
unlock, unlatch, open or tamper with any vehicle in which Animals
have been placed for impoundment, allowing said Animals to escape;
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(d) induce or persuade any Dog or Domestic Animal to enter a house or
other place where it may be immune from capture by the Animal
Control Officer or other authorized Person(s), or otherwise assist any
Dog or Domesticated Pet to escape capture;
(e) negligently or willfully open any gate, door or other opening in a fence
or enclosure in which a Dog or Cat or other Domesticated Pet has
been confined or otherwise obstruct any Dog or Cat or Domestic
Animal confinement, thereby allowing said Dog or other Domestic
Animal to run at large within the City.
(f)
tease, torment, or annoy any Dog or Cat or Domestic Animal;
(g) operate a Kennel in any Residential District of the City. Anyone
operating a Kennel shall be required to obtain a development permit
in accordance with the City's Land Use Bylaw, as amended and
maintain a valid business license in accordance with the City's
Business License Bylaw, as amended. Such permits will not be
granted for the operation of a Kennel within a residential area; or
(h) ignore or further neglect any Dog or Cat or other Domestic Animal
found to be in distress as defined by the Animal Protection Act. Any
Dog or Cat or Domestic Animal found to be in distress shall be
reported to the Animal Control Officer who shall take such action as
is required under the Animal Protection Act.
5.
RIGHT OF ENTRY
5.1
The City agrees to patrol and enforce the provisions of this bylaw on
private property including but not limited to such areas as condominium
sites, mobile home parks or malls subject to the following conditions:
(a) the signing authority for the property (owner or executive authority for
the property) requests Animal control in writing. The request shall be
forwarded to the General Manager of Community and Protective
Services;
(b) the signing authority for the property shall have issued to the City a
release from liability, saving the City harmless from any and all legal
actions which may arise as a result of enforcing Animal control on the
property; and
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(c)
a site plan of the property in question is provided to the General
Manager of Community and Protective Services.
6.
IMPOUNDMENT
6.1
It shall be the responsibility of Council to establish, make provisions for, or
enter into agreements for the establishment of a Pound for impounding
and keeping Dogs and other Domestic Animals captured, or Cats trapped
as outlined in section 4.4 as Council and the SPCA shall approve of.
Council is authorized and empowered to make any and all such rules and
regulations not inconsistent with this bylaw and the rules and regulations
of the SPCA, as both Council and the SPCA shall consider necessary for
the conduct and regulations of such Pounds; and Council shall appoint a
Pound keeper to carry out the provisions of this bylaw.
6.2
It shall be the duty of the Animal Control Officer and such Person(s) as
shall be authorized by Council to capture all Dogs or Domestic Animals
found Running at Large within the limits of the City contrary to the
provisions of this bylaw or found upon any street or in any public place in
the City, and to impound same in said Pound. The said Dog or Domestic
Animal impounded shall be kept there confined, subject to the Owners or
possessor's right to redeem same within seventy two (72) hours from the
time of their capture excluding Sundays and Statutory Holidays. Said
Dogs or Domestic Animals shall not be released from said Pound unless
an Owner or possessor can present to the satisfaction of the Pound
keeper that he has paid all Pound fees, and has obtained the necessary
clearance from the Animal Control Officer or the General Manager of
Community and Protective Services.
6.3
The Animal Control Officer or any Person(s) duly qualified to handle a
Tranquilizer Gun is hereby authorized, when all normal attempts to
capture a Dog or Domestic Animal have failed, to use a Tranquilizer Gun
to effect the capture of said Dog or Domestic Animal.
6.4
Each Dog or Cat or Domestic Animal impounded under the provisions of
this bylaw shall be subject to impounding fees as set down by the Pound
keeper. The above-mentioned fees shall apply for each and every day of
confinement (with the exception of Sundays and Statutory Holidays), to a
maximum of seventy two (72) hours. If said Dog or Cat or Domesticated
Pet that is impounded is not redeemed within seventy two (72) hours as
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aforementioned, said Dog or Cat or Domestic Animal shall be euthanized
or otherwise disposed of by sale. The purchaser of the impounded Animal
from the Pound pursuant to the provisions of this bylaw shall obtain full
right and title to it and the right and title of the Former Owner shall be
forfeit.
6.5
It shall be the duty of the Animal Control officer to the best of their ability,
to ascertain the name of the Owner of any impounded Animal and advise
them of the impoundment of their Animal.
6.6
It shall be the duty of any Owner, possessor, or harbourer of any
suspected rabid or otherwise communicably ill Dog or Cat or Domestic
Animal to obtain a certificate of illness from a veterinary surgeon; and said
Owner, possessor, or harbourer shall take such steps and precautions as
are required by said veterinary surgeon and as are required by this bylaw.
6.7
It shall be the duty of the Animal Control Officer to report any apparent
illness or Communicable Disease, injury, unhealthy condition or otherwise
distressful signs of any Dog or Cat or Domestic Animal impounded to a
veterinary surgeon or the SPCA, and act upon the recommendation of
said veterinary surgeon or the SPCA.
6.8
The Owner or Former Owner, if known, shall be held responsible for all
charges resulting from any veterinary examination and action to said
Owners or Former Owner's Dog or Cat or Domestic Animal.
6.9
It shall be the duty of the Animal Control Officer to retain or order the
retention of any Dog or Cat or Domesticated Pet for a longer period of
impoundment, if in their opinion the circumstances warrant extending the
impoundment.
7.
CONVICTIONS AND PENTALTIES
7.1
A Person is a party to and guilty of an offence who:
(a) actually commits the offence;
(b) does or omits an act for the purpose of aiding a Person in the
commission of an offence;
(c)
abets a Person in the commission of an offence; or
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(d) counsels or procures a Person to commit an offence.
7.2
Any Person who contravenes any provision of this bylaw is guilty of an
offence.
7.3
Except as otherwise provided in this bylaw, a Person who is guilty of an
offence under this bylaw for which a penalty is not otherwise provided is
liable on summary conviction to a fine as set out in Schedule "A".
7.4
A notice, form, or infraction ticket may be issued by the Animal Control
Officer, RCMP Officer, or Peace Officer, to any Person(s) charged with a
breach of any provision of this bylaw.
8.
SEVERABILITY
8.1
Every provision of this bylaw is independent of all other provisions and if
any provision is declared invalid by a Court, then the invalid provisions
shall be severed and the remainder provisions shall remain valid and
enforceable.
9.
EFFECTIVE DATE
9.1
This bylaw shall come into force and effect when it receives third reading
and is duly signed.
10.
REPEAL OF BYLAW C-977-16
10.1 Bylaw C-977-16 is hereby repealed.
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First Reading Carried
11 March 2024
Second Reading Carried
11 March 2024
Third Reading Carried
8 April 2024
Date Signed
8 April 2024
______________________________
Mayor
______________________________
City Clerk
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SCHEDULE A - FINES FOR INFRACTIONS
INFRACTION
First
Offence
Second and
Subsequent
offences
3.1
Failing to properly identify a Dog or Cat
$250.00
$300.00
4.1
Domesticated Animal in a restricted area
$100.00
$150.00
4.2
Keeping pigeons or rabbits contrary to the provisions of
$100.00
$150.00
this bylaw
4.3(a)
Allowing a Dog or Cat to run at large
$100.00
$200.00
4.3(b)
Dog or Cat or Domestic Animal disturbing the peace of other
Persons
$150.00
$250.00
4.3(c)
Bitch in heat, not confined
$50.00
$50.00
4.3(d)
Dog or Cat or Domestic Animal in public swimming pool
$100.00
$150.00
4.3(e)
Diseased Dog or Cat not confined
$100.00
$150.00
4.3(f)
Dog or Cat or Domestic Animal being a public nuisance
$500.00
$1000.00
4.3(h)
Dog or Cat damaging property or injuring other Animals
$500.00
$1000.00
4.3(i)
Allowing Dog or Cat in Playground / school ground or posted
park areas
$150.00
$200.00
4.3(k)
Failure to remove defecation
$100.00
$150.00
4.4(b)
Fail to deliver Cat to Owner or Parkland Shelter
$100.00
$200.00
4.5
4.6
4.7(a)
4.7(b)
4.7(c)
4.7(d)
4.7(e)
4.7(f)
Keeping more than a total of (5) Dogs and Cats
Cause or permit an Animal to be in distress
Failure to provide Animal food/water
Failure to provide Animal adequate care when required
Failure to provide Animal adequate protection heat/cold
Failure to provide Animal adequate shelter
Abandoning an Animal
Tease/torment/annoy/abuse/harass/injure an Animal
$400.00
$400.00
$400.00
$400.00
$400.00
$400.00
$400.00
$400.00
$800.00
$800.00
$800.00
$800.00
$800.00
$800.00
$800.00
$800.00
4.8
Failure to muzzle or secure Vicious Dog
$1000.00
$2000.00
4.10
Failure to confine Vicious Dog
$1000.00
$2000.00
4.11
Vicious Dog bites or attacks
$1000.00
$2000.00
4.14(a)
Failure to post warning signs
$1000.00
$2000.00
4.14(c)
Failure to notify Animal Control Officer of Vicious Dog at
large
$1000.00
$2000.00
4.15
Allow an Animal outside of passenger cab of vehicle
$100.00
$150.00
Violations of any provisions of section 4.15 (a) through (e)
$150.00
$120.00
4.16(f)
Torment or tease a Dog or Cat or Domestic Animal
$300.00
$500.00
4.16(g)
Illegal operation of a Kennel
$250.00
$500.00
4.16(h)
Negligence of a distressed Dog or Cat or Domestic Animal
$300.00
$500.00