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BYLAW NO. 1185
OF STARLAND COUNTY
IN THE PROVINCE OF ALBERTA, CANADA
A Bylaw of Starland County in the
Province of Alberta, for the purpose
of
regulating
prohibited
animals
within the municipal boundaries of
Starland County, also known as the
Prohibited Animal(s) Bylaw.
The Council of Starland County, in the Province of Alberta, duly assembled
enacts as follows:
WHEREAS, Section 7(h) of the Municipal Government Act, Revised Statutes
of Alberta 2000 Chapter M-26, grants authority to Council to pass bylaws
respecting wild and domestic animals and activities in relation to them;
AND WHEREAS, Section 6 of the Agricultural Pests Act, Revised Statues of
Alberta 2000 Chapter A-8, states that: a local authority shall take active
measures to prevent the establishment of, to control or destroy pests in the
municipality;
NOW THEREFORE, the Council of Starland County, duly assembled, enacts
as follows:
1.
Short Title
1.1
That this bylaw may be cited as the "Prohibited Animal(s) Bylaw".
Definitions
2.
In this Bylaw, unless the context otherwise requires:
2.1
"Chief Administrative Officer" means the chief administrative
officer of the municipality appointed under the Municipal
Government Act.
"Municipality" means
Starland
County
formed under
the
Municipal Government Act.
"Council" means the municipal Council of Starland County.
"Order" means an order issued under the bylaw in accordance
with the Act.
"Bylaw Enforcement Officer" means a Community Peace Officer
appointed pursuant to the Peace Officer Act, R.S.A. 2000, c P-
35, as amended, for the County and/or members of the Royal
Canadian Mounted Police.
"Owner" shall mean:
a. In the case of land, any person or organization
registered under the Land Titles Act as the owner of
the land, or is listed on the County's assessment role
as such; or
b. In the case of property other than land, any person or
organization who is in lawful possession or control of
the property.
"Person" shall mean:
a. An
individual,
and
the
heirs,
executors,
administrators, or other legal representatives of an
individual; or
b. Any business entity including a firm, partnership,
association, corporation, company, or society.
a)
b)
c)
d)
e)
f)
g)
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STARLAND COUNTY
BYLAW 1185- Prohibited Animal(s) Bylaw
"Prohibited Animals" are those that are not permitted within
Starland County and listed in Schedule "A" of this Bylaw.
h)
LANDOWNER RESPONSIBILITIES
3.
A landowner shall take active measures to prevent the
establishment of, to control or destroy Prohibited Animals on
their property.
3.1
AUTHORIZATION
4.
Agricultural Fieldman
4.1
4.1.1 Under the Agricultural Service Board Act an Agricultural
Fieldman is by virtue of that office an inspector under the
Act.
4.1.2. Will supervise, direct and be responsible for other
Council appointed Pest Inspectors.
4.2
Bylaw Enforcement Officer
4.2.1 Will be appointed by Council as an Inspector under the
Agricultural Pests Act for the purposes of carrying out this
Bylaw.
4.2.2 Will
follow
this
Bylaw
and
other
procedures
as
determined by the Agricultural Fieldman and Chief
Administrative Officer.
PROHIBITED ANIMALS
5.
This bylaw regulates Prohibited Animals upon all properties
within Starland County, regardless of parcel size or Land Use
District.
5.1
No person shall keep, either on a permanent or temporary basis,
any Prohibited Animals on any property within Starland County
boundaries.
5.2
Any persons keeping Prohibited Animals must, upon receiving
written notice from an Enforcement Officer, euthanize or remove
Prohibited Animals from the County within such timeframe
specified in the notice.
5.3
The cost of removal of the Prohibited Animals will be solely the
responsibility of the Owner.
5.4
OFFENCES AND PENALTIES
6.
Any person who keeps or harbors any prohibited animals as
identified in Schedule "A" of the Bylaw within the municipal
boundaries is guilty of an offence.
6.1
6.2
Where a Bylaw Enforcement Officer reasonably believes that a
person has contravened any provisions of this bylaw, they may
serve upon such person an offence penalty as listed in Schedule
"B" of this Bylaw.
6.3
Section 23 of the Alberta Agricultural Pests Act states that: A
person who contravenes this Act or the regulations is guilty of
an offence and liable to a fine of not more than $10,000.00.
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STARLAND COUNTY
BYLAW 1185- Prohibited Animal(s) Bylaw
SEVERABILITY
7.
Should any provision of this Bylaw be invalidated by a Court of
competent jurisdiction, then such provision shall be severed, and the
remaining portion of the Bylaw shall be maintained.
REPEAL AND EFFECTIVE DATE
8.
This Bylaw comes into full force and effect upon passing of the third
reading.
First Reading on motion of Councillor Rew this 9th day of March, 2022.
Second Reading on motion of Councillor Landry this 9th day of March, 2022.
Third and Final Reading on motion of Reeve Wannstrom, done and passed
in the Council of Starland County, duly assembled, this 9th day of March,
2022.
li^etfe: Steven Wannstrom
Chief Administrative Officer
J>siAW.A.
Shirley J. Bremer
STARLAND
COUNTY
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STARLAND COUNTY
BYLAW 1185- Prohibited Animal(s) Bylaw
SCHEDULE "A'"- Prohibited Animals
1. Wild Boar (Sus scrofa). "Wild Boar" are members of the species Sus
Scrofa but does not include a domestic pig, except where the animal is
a hybrid offspring resulting from the crossing of a wild boar with a
domestic pig.
STARLAND
COUNTY
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STARLAND COUNTY
BYLAW 1185 - Prohibited Animal(s) Bylaw
SCHEDULE "B"'- Fines
Fines as Per Section 6.2:
Keeping or harboring any Prohibited Animals as listed in Schedule
"A" will be subject to the following fines:
1.
$1,000.00
i)
First Offence:
For the first offence, issue of a violation ticket in the amount of One Thousand
Dollars ($1,000.00). An additional Two Hundred Dollars ($200.00) will be
charged per day until the prohibited animal(s) is exterminated.
$2,000.00
ii) Second Offence:
For the second offence, issue of a violation ticket in the amount of Two
Thousand Dollars ($2,000.00). An additional Two Hundred and Fifty Dollars
($250.00) will be charged per day until the prohibited animal(s) is exterminated.
$3,000.00
iii) Third Offence:
For the third offence, issue of a violation ticket in the amount of Three
Thousand Dollars ($3,000.00). An additional Three Hundred Dollars ($300.00)
will be charged per day until the prohibited animal(s) is exterminated.
STARLAND
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