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## VILLAGE OF STIRLING IN THE PROVINCE OF ALBERTA BYLAW NO. 530-22
## DOG CONTROL BYLAW
## A BYLAW OF THE VILLAGE OF STIRLING IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF REGULATING AND CONTROLLING DOGS.
WHEREAS pursuant to section 7 of the Municipal Government Act Revised Statutes of Alberta RSA 2000 Chapter M-26 a council may pass bylaws for municipal purposes respecting:
- a) the safety, health and welfare of people and the protection of people and property;
- b) wild and domestic animals and activities in relation them; and
- c) the enforcement of bylaws;
AND WHEREAS pursuant to section 8 of the Municipal Government Act Revised Statutes of Alberta RSA 2000 Chapter M-26 a council may in a bylaw:
- a) regulate or prohibit; and
- b) provide for a system of licenses, permits or approvals including any or all of the matters listed therein;
NOW THEREFORE the Village of Stirling Council, duly assembled, enacts as follows:
## SECTION 1: TITLE
1. This Bylaw may be cited as the "Dog Control Bylaw".
## SECTION 2: DEFINITIONS
2. For the purpose of interpreting this Bylaw, the following terms have the following defined meanings:
2. 2.1. "Animal" means any Domestic Animal including Dogs.
3. 2.2. "Animal Shelter" means the facility or facilities designated by the Village from time to time as a facility for the impoundment and care of Animals subject to this Bylaw.
4. 2.3. "Animal Control Officer" means a Bylaw Officer, Peace Officer or member of the Police Service of Jurisdiction who has been duly appointed to enforce Bylaws within the Village of Stirling corporate boundary.
5. 2.4. "Chief Administrative Officer" or "CAO" means the Chief Administrative Officer appointed by Council in accordance with the provisions of the Municipal Government Act, R.S.A. 2000, Chapter M-26.
6. 2.5. "Communicable Disease" means any disease or illness which may be transferred from one Dog to another Dog or Person through direct or indirect contact.
7. 2.6. "Controlled Confinement" means when a Dog is confined in a pen, cage, building or other structure or securely tethered in a manner that will not allow the Dog to physically harm any person or Animal.
8. 2.7. "Council" means the Council of the Village of Stirling.
9. 2.8. "Dog" means a member of any domesticated canine species, including male, female, spayed, neutered and intact members.
10. 2.9. "Dog License" means a dog license issued under this Bylaw in accordance with Section 5 of the Bylaw.
11. 2.10. "Dog Tag" means a tag issued by the Village office showing that the Dog License has been paid for the dog wearing the tag for the year that the tag was issued.
12. 2.11. "Domestic Animal" means any animal kept by a Person for domestic purposes or as a household pet including but not limited to Dogs, cats, rabbits, ferrets, cows, horses, sheep, goats and pigs.
13. 2.12. "Motor Vehicle" means a motor vehicle as defined in the Traffic Safety Act, R.S.A. 2000, Chapter T-6, as amended or repealed and replaced from time to time.
14. 2.13. "Owner" means any Person:
- a) who has the care, charge, custody, Possession or control of the Dog;
- c) who harbors, suffers, or permits a Dog to be present on any property owned or under his/her control, or
17. who owns or claims a proprietary interest in the Dog;
18. who claims and receives a Dog from the custody of the Animal Shelter oi a Animal Control Officer.
19. 2.14. "Park" means a public space owned or controlled by the Village and used by the public for rest, recreation, exercise, pleasure, amusement, or enjoyment and includes the following areas:
- b) Sidewalks,
- a) Roadways and laneways,
- c) Playgrounds,
- b) Cemeteries,
24. School yards,
25. Golf courses.
- d) Sports fields, and
27. 2.15. "Person" means any individual or corporate body.
28. 2.16. "Possession" means a Person who:
- a) has physical or effective control of a Dog; or
30. has transferred physical or effective control of a Dog to another person for the purpose of allowing that person to exercise control over that Dog for a limited period of time.
31. "Property Owner" means a Person having a legal or equitable interest in any land, building or structure within the Village, including any resident, tenant or occupier of such land or building.
32. 2.18. "Public Nuisance" includes the following activities in relation to Dogs:
- a) biting a Person or Animal; or
- b) Running At Large; or
- c) chasing any Person, Animal, Motor Vehicle, or bicycle; or
- e) causing damage to property; or
- d) excessively barking, howling or otherwise disturbing any Person; or
- 1) upsetting waste receptacles or scattering the contents thereof; or
- g) being left unattended in or on a Motor Vehicle in a manner in which the Dog has access to Persons or Animals located outside the Motor Vehicle; or
- h) being left unattended, whether tied up or otherwise, in any area where the public has access.
41. 2.19. "Public Property" means property owned by or under the control and management of the Village and contained within the boundaries of the Village.
42. 2.20. "Registered Veterinarian" means a registered Veterinarian as defined in the Veterinary Profession Act, R.S.A. 2000, Chapter V-2.
43. 2.21. "Running At Large" means a Dog that is off the premises of the Dog's Owner without being on a leash, confined or otherwise under immediate, effective and continuous control of a competent and responsible Person.
44. 2.22. "Secure Enclosure" means a building, cage, fenced area or other enclosure for the retaining of a Dog and which prohibits the Dog from jumping, climbing, digging or using any other means to exit the enclosure, and which is capable of prohibiting the entry of young children into the enclosure, and which conforms with the following minimum requirements:
- a) The Secure Enclosure shall have secure sides and a secure top. If the Secure Enclosure has no bottom secured to the sides, the sides of the Secure Enclosure must be embedded in the ground to a minimum depth of thirty (30) centimeters;
- c) The Secure Enclosure must be not less than 1.5 meters wide by 3.0 meters long and a minimum of 1.5 meters in height; and
- b) The Secure Enclosure must provide the Dog with adequate shelter from the elements including heat, cold, sun, rain, and wind;
48. The Secure Enclosure must be located not less than 1.0 meter away from the property line and not less than 5 meters away from a dwelling unit of any adjacent property.
49. 2.23. "Serious Wound" means an injury resulting from a Dog which causes a breaking of the skin or the flesh to be torn.
50. 2.24. "Vicious Dog" means:
51. any Dog which has, without provocation, chased, attacked, or bitten an Animal or Person; ot
- c) a Dog which has been the subject of an order of direction of a Justice, pursuant to the Dangerous Dogs Act, R.S.A. 2000, Chapter D-3, as amended or repealed and replaced from time to time.
- b) any Dog which has, without provocation, inflicted a Serious Wound upon an Animal or Person, but shall not include a Dog that has inflicted a Serious Wound upon a trespasser on the property of the Dog's Owner or any property controlled by the Dog's Owner; or
54. 2.25. "Vicious Dog License" means a license issued with respect to a Vicious Dog under this Bylaw.
55. 2.26. "Village" means the Village of Stirling and its jurisdictional boundaries.
56. 2.27. "Violation Tag" means a tag or similar document issued by the Village pursuant to the Municipal Government Act, R.S.A. 2000, c.M-26 as amended.
57. 2.28. "Violation Ticket" means a ticket issued pursuant to Part 2 of the Provincial Offences Procedure Act, R.S.A. 2000, Chapter P-34, as amended, or repealed and replaced from time to time, and any Regulations thereunder.
## SECTION 3: OFFENCES
- 3.1 Any Person who violates any provision of this Bylaw has committed an offence.
- 3.2 No Person shall own or keep any Dog over the age of six (6) months within the Village unless the Dog is licensed in accordance with this Bylaw.
- 3.3 No Person shall tease, torment or provoke a Dog.
- 3.4 No Owner shall allow his/her Dog to be Running At Large.
- 3.5 No Person shall trap or bait a Dog.
- 3.6 No Person shall:
- a) untie a Dog which has been tied, or
- b) open a gate, door or other opening in a fence or enclosure in which a Dog is confined, thereby permitting the Dog to be Running At Large.
- 3.7 An Owner, or Person in Possession of a Dog shall not permit the Dog to:
- a) excessively barks, howl or otherwise makes such noise as to disturb the quiet or repose of any Person; or
- b) bites, attacks or threatens any Person or Domestic Animal; or
- c) chases a Motor Vehicle, bicycle, or a Person walking or running; or
- d) chases, kills, attacks, injures, or otherwise harasses other Domestic Animals; or
- e) causes damage to public Property or private property within the Village; or
- f) otherwise constitutes a Public Nuisance as deemed by the Animal Control Officer.
- 3.8 Where a Dog has defecated on any private property or Public Property within the Village other than the property of the Dog's Owner, the Owner shall be required to remove such defecation immediately.
- 3.9 No Person shall interfere with, prohibit, or otherwise impede an Animal Control Officer in the performance of the Officer's duties under this Bylaw including but not limited to:
- a) Inducing a Dog into a building or other place where it may escape from being seized, or otherwise assist the Dog from being seized by an Animal Control Officer.
- b) Falsely represent him or herself as being in charge or control of a Dog for the purposes of establishing that the Dog is not Running At Large.
- Remove or attempt to remove any Dog from the Possession of the Animal Control Officer or any of his/her designates.
- 3.10 An Owner of a Dog that is suffering from a Communicable Disease:
- shall not permit the Dog to have contact with or be in proximity to any other Animal which is free of such communicable disease,
- a) shall not permit the Dog to be in any public place,
- c) shall keep the Dog in a Secure Enclosure,
- e) shall adhere to the directions of the Registered Veterinarian.
- shall immediately report the matter to a Registered Veterinarian, and
- 3.11 An Owner of a Dog who is in season must keep the Dog confined and controlled in such a manner throughout the Dog's season such that the Dog does not escape the Located of the our os pherwise present an atraction to other Dogs which are
## SECTION 4: VICIOUS DOGS
- 4.1 No Person shall own, nor have the physical care, possession, or control of a Vicious Dog within the Village unless that Person is not less than 18 years of age and is physically and mentally capable of maintaining control of the Dog.
- 4.2 An Owner of a Vicious Dog shall:
- ensure that the Dog remains, at all times while on the property of the Owner, confined to a Secure Enclosure,
- notify the Village that he/she owns a Vicious Dog,
- ensure that at any time that the Dog is not on the property of the Owner, the Dog is secured by a leash which does not exceed 1.0 meter in length, and which is sufficient to control the Dog, and the Dog is under the physical control of the Owner or person in possession of the Dog with the Owner's consent,
- d) ensure that any time that the Dog is not on the property of the Owner, that the Dog is wearing a properly fitted muzzle that permits adequate ventilation for the Dog while remaining securely fastened on the Dog,
- e) ensure that at no time while the Dog is in a Motor Vehicle, the Dog has access to Persons or Domestic Animals which are outside the Motor Vehicle, while ensuring that, at all times, the Dog has adequate ventilation and temperature control within the Motor Vehicle,
- g) prominently displays at the front and rear entrance to the Owner's property a sign stating, "Beware of Dog".
- f) ensure that at no time is the Dog transported unsecured in a Motor Vehicle or transported outside of the cab of a Motor Vehicle unless the Dog is being transported in accordance with Section 6.2(a)(b) or (c) of this Bylaw,
- 4.3 If an Owner has any reason to believe that his/her dog may be a Vicious Dog, he/she shall keep the Dog in accordance with the provisions of this Section unless and until the Village's Animal Control Officer has determined that the Dog is not a Vicious Dog and has so advised the Owner in writing.
- 4.4 If the Village's Animal Control Officer has reasonable grounds to believe that a Dog is a Vicious Dog, either through personal observation or after an investigation initiated by a complaint about the Dog, the Animal Control Officer may, in writing:
- a) Notify the Owner that the Dog is deemed to be a Vicious Dog, and
- b) Require the Owner to comply with all provisions of this Bylaw with respect to Vicious Dogs immediately.
- 4.5 A Notice under Section 4.4 shall include a summary of the applicable Bylaw provisions governing Vicious Animals.
- 4.6 Notice given under Section 4.4 will be deemed served upon actual personal service of the Notice upon the Owner oi after five (5) days from mailing via regular mail to the Owner's address as it appears on the Village's tax roll.
- 4.7 Until such time as Village Council hears and upholds the appeal, the Dog must be treated in accordance with Vicious Dog provisions under this Bylaw.
- 4.8 Within three (3) days of a Dog being declared a Vicious Dog under this Bylaw, the Owner of the Vicious Dog shall have a Registered Veterinarian tattoo or implant an electronic identification microchip in the Dog. The Owner of the Vicious Dog shall provide a copy of this information to the Village prior to the Vicious Dog License being issued under this Bylaw.
- 4.9 The Owner of a Vicious Dog shall apply for a Vicious Dog License under this Bylaw within 7 days of the Dog being declared a Vicious Dog.
- 4.10 Where the Owner of a Vicious Dog is guilty of an offence under this Bylaw, the minimum penalties for Vicious Dogs set out in Schedule "B" shall apply and shall form the mandatory minimum penalty for each offence.
- 4.11 Nothing contained within this Bylaw shall prevent the Village from making application to the Court for an Order to destroy a dog in accordance with the Dangerous Dogs Act, R.S.A. 2000, Chapter D-3 as amended, ot repealed and replaced from time to time or taking such other steps with respect to the seizure, impoundment, control or destruction of a Dog as may be available to the Village at law.
- 4.12 The Owner of a Vicious Dog shall immediately advise the Animal Control Officer if the Vicious Dog is sold, gifted, transferred or dies.
## SECTION 5: LICENSING
- 5.1 The maximum number of Dogs over the age of six (6) months which can be kept in any single-family dwelling or on any lot, parcel or other property in the Village is three (3).
- An Owner who resides within the borders of the Village that owns a Dog that is over the age of six (6) months shall apply for a license as set out within this Section, by paying the applicable fee as set out in Schedule "A" to this Bylaw, and providing:
- The name and description of the Dog to be licensed including any identifying tattoo or microchip;
- The name, phone number, and street and rural address of the Owner;
- (c) The breed or breeds of the Dog to be licensed; and
- (d) such other relevant and necessary information as may be required by the Village Manager in respect of the application;
- 5.3 A Dog License under this Bylaw must be renewed on an annual basis, by paying the applicable license fee to the Village Office prior to January 31% in each year.
- 5.4 Every person who residing in the Village who becomes an Owner of a Dog that is over the age of six (6) months, or who takes up residence within the Village and who is the Owner of a Dog that is over the age of six (6) months, shall apply for a Dog License as set out in this Section, and pay the applicable fee as set out in Schedule "A" to this Bylaw, within fifteen (15) days of becoming the Owner of such a Dog or of taking up residence in the Village.
- 5.5 No Person shall own an unlicensed dog.
- 5.6 No Person shall give false information when applying for a Dog License.
- 5.7 Upon payment of the required license fee, and providing the information set out in Section 5.2 herein, the Owner will be supplied with a Dog Tag having a number which will remain registered to that Dog year to year.
- 5.8 Where a Dog under the age of six (6) months is found Running At Large, the Animal Control Officer may require the Owner of the Dog to purchase a License for the Dog.
- 5.9 The Owner shall ensure that any Dog owned by him/her is wearing its Dog Tag, which is to be securely fastened on the Dog's collar any time the Dog is off the Owner's property.
- Upon losing a Dog Tag, the Owner of the Dog shall present the receipt of payment for the current year's license to the Village and a replacement Dog Tag shall be issued to the Owner for a fee of $10.00 for the replacement Dog Tag.
- An Owner of a Vicious Dog shall obtain a Vicious Dog License on an annual basis and pay the annual fee prescribed for the Vicious Dog License as Set out in Schedule "A" of this Bylaw.
- 5.12 No Person shall give false information when applying for a Vicious Dog License.
- 5.13 The Owner of a Vicious Dog shall ensure that any Vicious Dog owned by him/her is wearing the Vicious Dog Tag which is to be securely fastened on the Dog's collar any time the Dog is off the Owner's property.
- 5.14 No Owner shall transfer or allow to be transferred a Dog License, Vicious Dog License or Dog Tag from the Dog for which the License of Dog Tag was assigned or purchased, to any other Dog.
- 5.15 No Person shall be entitled to a rebate or refund of a fee paid for the issuance of a Dog License, Dog Tag, Vicious Dog License or Vicious Dog Tag under this Bylaw.
- 5.16 The Village shall keep a record of the name, address and phone number of each Owner, and the name, description, breed, color and sex of each licensed Dog, together with the date of registration of the Dog, the number on the Dog Tag and the amount of the fee paid.
## SECTION 6: DOGS IN TRUCKS AND MOTOR VEHICLES
- 6.1 No Person shall allow a Dog to be outside the passenger cab of a Motor Vehicle, including the back of a pick-up truck of a flat bed truck, on a roadway in the Village, regardless of whether the Motor Vehicle is moving or parked.
- 6.2 Notwithstanding Section 6.1, 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 a flat bed truck, if the Dog is:
- in a topper enclosing the bed area of the truck,
- in a fully enclosed trailer,
- contained in a ventilated kennel or similar device scurely fastened to the had of
- securely tethered in such a manner that the Dog is not standing on bare metal, cannot jump or be thrown from the Motor Vehicle, is not in danger of strangulation, and cannot reach beyond the outside edges of the Motor Vehicle.
- 6.3 For the purpose of this Section, "roadway" means any street, highway or parking lot area whether publicly or privately owned, where the public is ordinarily entitled or permitted to use for the passage or parking of Motor Vehicles.
- 6.4 The owner of a Motor Vehicle involved in an offence under this Section is guilty of the offence unless:
- a) the owner of the Motor Vehicle was not operating the Motor Vehicle at the time of the offence,
- the individual operating the Motor Vehicle at the time of the offence was operating the Motor Vehicle without the owner's express or complied consent.
- b) the owner of the Motor Vehicle was not a passenger in the Motor Vehicle at the time of the offence, and
## SECTION 7: POWERS AND DUTIES OF AN ANIMAL CONTROL OFFICER
- 7.1 An Animal Control Officer is a designated officer of the Village for the purposes of inspections, investigations and enforcement of this Bylaw and, in addition to any other powers or authority granted under this Bylaw or other enactment, is authorized to:
- (a) capture including baiting and trapping if required, and impound in an authorized Animal Shelter any Dog that is Running At Large or any Dog which has bitten a
- (b) to take any reasonable measures necessary to subdue any Dog, including the use of tranquilizer equipment and materials so long as authorized training in the administration of such equipment has been completed;
- (d) if a Dog is in distress, whether or not as a result of enforcement actions taken pursuant to this Bylaw, to take the Animal to a Registered Veterinarian for treatment and, once treated, to transfer the Animal to the Animal Shelter.
- (c) to enter onto lands surrounding any building in pursuit of a Dog while that Dog is Running At Large; and
- 7.2 All costs and expenses incurred by the Village as a result of veterinary treatment pursuant to Section 7.1 above shall be recoverable from the Owner of the Dog as a lawful debt owed to the Village.
- 7.3 The Animal Control Officer shall:
- a) maintain the Animal Shelter in a safe and sanitary condition;
- b) supervise and direct the duties of any of the agents, assistant or employee engaged, appointed or employed to assist the Animal Control Officer in respect to his duties under this Bylaw;
- c) Subject to this Bylaw have control of all Dogs in the Animal Shelter;
- d) Ensure that the Dogs impounded at the Animal Shelter receive adequate care, including but not limited to appropriate food, water and shelter;
- e) With respect to all Dogs impounded at the Animal Shelter, ensure compliance with all relevant Provincial and Federal statutes and regulations regarding Dogs; and
- f) Maintain adequate records of:
- i. All complaints made under the provisions of this Bylaw regarding Dogs;
- All complaints under the Dangerous Dog Act, and any action required to be taken pursuant to the Dangerous Dog Act.
- il1. Daily operation of the Animal Shelter;
- iV. All Dogs impounded and the disposition of each Dog;
- Notices sent to Dog Owners pursuant to this Bylaw; and
- Vi. All telephone calls made attempting to contact owners of Dogs
- 7.4 Except where directly involved in receiving complaints, Section 8.3 does not apply to R.C.M.P. officers who are deemed Animal Control Officers under this Bylaw.
- 7.5 No action shall be taken against any person, including an Animal Control Officer, acting under the authority of this Bylaw for damages for destruction or other disposal of any Dog.
## SECTION 8: IMPOUNDING DOGS
- 8.1 Dogs impounded in the Animal Shelter shall be kept for a period of at least Seventy-Two (72) hours. In the calculation of the Seventy-Two (72) hour period, Sundays, Statutory Holidays and days that the Animal Shelter is not open shall not be included.
- 8.2 Where a Dog that has been impounded bears obvious identification tattoos, brands, marks, tags or licenses, the Dog must be kept by the Animal Shelter a minimum of Ten (10) days from the date the Dog was impounded. In the calculation of the Ten (10) day period, Sundays, Statutory Holidays and days that the Animal Shelter is not open shall not be included.
- 8.3 Where the Owner of a Dog has been notified that the Dog has been impounded in accordance with Section 10.4, the Dog must be kept by the Animal Shelter a minimum of 5 days from the date that the Owner received Notice. In the calculation of the 5 day period, Sundays, Statutory Holidays and days that the Animal Shelter is not open shall not be included
- 8.4 If the Animal Control Officer knows or can ascertain the name of the Owner of any impounded Dog, he/she shall serve the Owner with a copy of the Notice in Schedule "C" of this Bylaw, either personally or by leaving it at the Owner's property, or by mailing the Notice to the last known address of the Owner. The Owner to whom a Notice is mailed under this Section is deemed to have received the Notice within forty-eight (48) hours from the time that the Notice is delivered or mailed via regular mail.
- 8.5 During the period established in Sections 10.1, 10.2 and 10.3, the Dog may be redeemed by its Owner, except as otherwise provided in this Bylaw, upon payment to the Village of its authorized agent of:
- a) the impoundment fee as established at Schedule "A" of this Bylaw; and
- b) the cost of any veterinary treatment provided in respect of the Animal pursuant to this Bylaw, or the Animal Protection Act, R.S.A. 2000, Chapter A-41, as amended, or repealed and replaced from time to time.
- 8.6 The Owner shall provide proof of ownership of the Dog at the time of redeeming the Dog.
- 8.7 At the expiration of the time period established at Sections 8.1, 8.2 and 8.3 above, whichever is applicable, the Council or its designate is authorized to:
- b) destroy the Dog in a humane manner;
- a) offer the Dog for sale or as a gift;
- c) allow the Dog to be redeemed by its Owner in accordance with the provisions of Sections 10.5 and 10.6 above; or
- d) continue to impound the Dog for an indefinite period of time or for such further period of time as the Animal Control Officer, in his or her discretion, may decide.
- 8.8 Proceeds of the sale of a Dog shall be distributed in accordance with the priorities set by Section 7 of the Animal Protection Act, R.S.A. 2000, c. A-41, as amended or repealed and replaced from time to time.
- 8.9 When an Animal Control Officer exercises his or her authority under Section 7.1(d) to take a Dog in distress into custody, he/she shall leave a written Notice at the location from which the Dog was removed advising of the reason the Dog was taken into possession, the location at which the Dog can be reclaimed, and the process for reclaiming the Dog. The Animal Control Officer shall also make all reasonable effort to contact the Owner of the Dog, if known, to advise of the removal of the Dog and the process for recovering it.
## SECTION 9: PENALTIES
- 9.1 Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable to a penalty not less than the minimum penalty set out in Schedule "B" herein.
- Notwithstanding Paragraph 11.1 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, will be liable to not less than double the minimum penalty as set out in Schedule "B" of this Bylaw.
## SECTION 10: VIOLATION TICKETS
- 10.1 Where an Animal Control Officer has reasonable grounds to believe that a provision of this Bylaw has been contravened, that Animal Control Officer is authorized and empowered to issue a Violation Tag to any person who the Animal Control Officer has reasonable grounds to believe is responsible for the contravention.
- 10.2 A Violation Tag issued pursuant to this Bylaw shall be in a form required under the Provincial Offences Procedures Act RSA 2000 Chapter P-34 as amended from time to time, and may be delivered to the Person reasonably believed to have contravened this Bylaw by means of actual service upon the person or by mailing a copy to the Person at his/her address as it appears on the tax roll.
- 10.3 Where a Violation Tag is issued pursuant to this Bylaw, the Person to whom the Violation Tag is issued may, in lieu of being prosecuted for the offence, pay to the Village, the penalty specified on the Violation Tag within seven (7) business days if delivered by actual service to the person and within fourteen (14) business days if served by mail.
- Where a Violation Tag has been issued and the specified penalty not paid within the prescribed time, the right of the Person named on the Violation Tag to pay the penalty in lieu of prosecution shall expire and the Animal Control Officer is authorized to issue a Violation Ticket pursuant to Part 2 of the Provincial Offences Procedure Act R.S.A. 2000, c. P-34, as amended or repealed and replaced from time to time, to any person that the Animal Control Officer has reasonable ground to believe contravened a provision of this Bylaw.
- 10.5 Notwithstanding Section 10.4, an Animal Control Officer is hereby authorized and empowered to immediately issue a Violation Ticket to any Person whom the Animal Control Officer has reasonable grounds to believe has contravened or is responsible for a contravention of any provision of this Bylaw regardless of whether a Violation Tag has first been issued. Nothing in this Bylaw shall prevent an Animal Control Officer from immediately issuing a Violation Ticket.
- 10.6 The specified penalty payable in respect of a contravention of a provision of this Bylaw is the amount provided for in Schedule "B" of this Bylaw in respect of that provision.
- 10.7 Where any Person contravenes the same provision of this Bylaw twice within one TWELVE (12) month period, the specified penalty payable in respect of the second such contravention shall be double the amount provided for in Schedule "B" of this Bylaw.
- 10.8 Where any person contravenes the same provision of this Bylaw three or more times within one TWELVE (12) month period, the specified penalty payable in respect of the third and subsequent such contravention shall be triple the amount provided for in Schedule "B" of this Bylaw, or by compelling the person directly to court through issuance of a Part 2 Mandatory Court Appearance Summons.
## SECTION 11: GENERAL PROVISIONS
- 11.1 Should any provision of this Bylaw be determined invalid, then the invalid provision shall be severed and the remaining Bylaw shall be maintained.
- 11.2 Bylaw Number 423-08 is hereby repealed upon third reading.
- 11.3 This Bylaw shall come into effect upon third and final reading thereof.
READ A FIRST TIME THIS THE 7 DAY OF DECEMBER 2022.
READ A SECOND TIME THIS THE 21 DAY OF DECEMBER 2022.
## READ A THIRD TIME THIS THE 21 DAY OF DECEMBER 2022.
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Mayor-Trevor Lewington
Chief Administrative Officer-Scott Donselaar
## ANNUAL DOG LICENSE FEES
## Altered (spayed or neutered) Dog
| License Fee (Prior to January 315) | $20.00 |
|---------------------------------------------------------------------------|----------|
| License Fee (After January 31") | $30.00 |
| Unaltered Dog | |
| License Fee (Prior to January 31"') | $40.00 |
| License Fee (After January 31") | $50.00 |
| Vicious Dog | |
| License Fee (Prior to January 31) | $250.00 |
| License Fee (After January 31") | $500.00 |
| Replacement Dog Tag | $10.00 |
| POUND FEES | |
| Impoundment Fees (1s* Offence) | $75.00 |
| Impoundment Fees (2nd Offence) | $200.00 |
| Impoundment Fees (3d Offence) | $400.00 |
| Care and sustenance (per day or portion thereof) | $20.00 |
| Veterinary Fees, including destroying Dog (if applicable) Amount expended | |
## Schedule "A" FEES
## Schedule "B" Minimum Specified Penalties
| Offence | Specified Penalty |
|------------------------------------------------------------------------|---------------------|
| 3.2 Keep Dog over six months without license | $200.00 |
| 3.3 Person tease, torment, provoke dog | $300.00 |
| 3.4 Dog run at large | $300.00 |
| 3.5 Trap/Bait Dog | $300.00 |
| 3.6 (a) Untie Dog | $200.00 |
| 3.6 (b) Person open gate, fence, enclosure | $200.00 |
| 3.7(a) Dog bark, howl, disturb quite | $200.00 |
| 3.7(b) Dog bite, attack, threaten person/animal | $500.00 |
| 3.7(c) Dog chase vehicle, bicycle, person | $300.00 |
| 3.7(d) Dog kill, chase, harm domestic animal | $300.00 |
| 3.7(e) Dog cause damage to property | $250.00 |
| 3.7(f) Dog cause public nuisance | $200.00 |
| 3.8 Person fail to remove defecation | $200.00 |
| 3.9 Person interfere with Animal Control Officer | $500.00 |
| 3.10(a) Dog with communicable disease allowed in public space | $300.00 |
| 3.10(b) Dog with communicable disease interact with other dog | $300.00 |
| 3.10(c) Fail to keep dog with communicable disease in enclosure | $300.00 |
| 3.10(d) Fail to report dog to Veterinarian | $300.00 |
| 3.10(e) Fail to follow directions of Veterinarian | $300.00 |
| 3.11 Permit dog in season to attract another dog | $300.00 |
| S.1 Have more than three dogs | $200.00 |
| 5.3 Fail to renew dog license by January 31$t | $200.00 |
| 5.4 Fail to obtain dog license | $200.00 |
| 5.5 Own unlicensed dog | $200.00 |
| 5.6 Provide false information when applying for dog license | $500.00 |
| 5.9 Fail to affix dog tag to dog collar | $200.00 |
| 5.11 Fail to obtain dog license for a vicious dog | $500.00 |
| 5.12 Provide false information when applying for a dog license vicious | $1,000.00 |
| 5.13 Fail to affix dog tag to dog collar vicious dog | $400.00 |
| 5.14 Attempt to transfer dog license/tag | $200.00 |
| 6.1 Permit dog to travel outside passenger cab of a motor vehicle | $400.00 |
## VICIOUS DOG
| Offence | Specified Penalty |
|-------------------------------------------------|---------------------|
| 3.2 Keep Dog over six months without license | $400.00 |
| 3.4 Dog run at large | $600.00 |
| 3.7(b) Dog bite, attack, threaten person/animal | $1,000.00 |
| 3.7(c) Dog chase vehicle, bicycle, person | $600.00 |
| 3.7(d) Dog kill, chase, harm domestic animal | $600.00 |
| 3.7(e) Dog cause damage to property | $500.00 |
| 3.7(f) Dog cause public nuisance | $400.00 |
| 4.1 Fail to control vicious dog | $1,000.00 |
| 4.2(a) Fail to notify Village of owning vicious dog | $1,000.00 |
|--------------------------------------------------------------------------|-------------|
| 4.2(b) Fail to confine vicious dog in secure enclosure | $1,000.00 |
| 4.2(c) Fail to confine vicious dog with a leash no greater than 1 meter | $1,000.00 |
| 4.2 (d) Ensure vicious dog wearing muzzle when not on owner's property | $1,000.00 |
| 4.2(e) Ensure vicious dog in vehicle unable to access person/animals | $1,000.00 |
| 4.2(f) Ensure vicious dog not transported outside cab of vehicle | $1,000.00 |
| 4.2(g) Prominently display beware of dog signs on front/rear of property | $1,000.00 |
| 4.3 Fail to control vicious dog prior to assessment by Officer | $1,000.00 |
| 4.8 Fail to tattoo or microchip vicious dog | $1,000.00 |
| 4.9 Fail to apply for vicious dog license within 7 days of declaration | $1,000.00 |
| 5.1 Have more than three dogs | $400.00 |
| 5.3 Fail to renew dog license by January 31$t | $400.00 |
| 5.4 Fail to obtain dog license | $400.00 |
| 5.5 Own unlicensed dog | $400.00 |
| 5.11 Fail to obtain dog license for a vicious dog | $500.00 |
| 5.12 Provide false information when applying for a dog license vicious | $1,000.00 |
| 5.13 Fail to affix dog tag to dog collar vicious dog | $400.00 |
| 5.14 Attempt to transfer dog license/tag | $400.00 |
| 6.1 Permit dog to travel outside passenger cab of a motor vehicle | $800.00 |
## Schedule "C"
## NOTICE OF VIOLATION AND IMPOUND
[Date]
[Owner name and address]
You are hereby notified that a Dog bearing Dog License No.\_ \_ registered under the above name and address, was impounded by the Village of Stirling on for the following reasons:
[Description of reasons for impounding the Dogl
You may claim the Dog and pay all impoundment charges at [Set out address of Animal Shelter] at any time between [Set out hours of operation and days of week that Shelter is open].
Unless said Dog is claimed and all impoundment charges are fully paid on or before the \_day of \_ 20, the Dog will be sold, destroyed, or otherwise disposed of pursuant to Bylaw
[Printed Name and Signature]
Village of Stirling Animal Control Officer