Bylaw 53-2022 Responsible Livestock Ownership Bylaw

Strathcona County, Alberta

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Bylaw 53-2022 Page 1 BYLAW 53-2022 RESPONSIBLE LIVESTOCK OWNERSHIP BYLAW Section 7 of the Municipal Government Act permits Council to pass bylaws for municipal purposes in relation to the safety, health and welfare of people and the protection of people and property, and to create offences and impose fines and penalties; and Section 7(h) of the Municipal Government Act permits Council to pass bylaws for municipal purposes in relation to wild and domestic animals and activities in relation to them; and Section 8 of the Municipal Government Act permits Council to regulate or prohibit particular activities, industries, businesses, or other things, and to provide for a system of licences, permits and approvals; and Section 3(c) of the Municipal Government Act states that the development and maintenance of safe and viable communities is one of the purposes of a municipality; and Section 542 of the Municipal Government Act allows a designated officer of a municipality to enter land, buildings, and structures in order to carry out an inspection, enforcement, or action authorized or required by a bylaw; and Strathcona County is a specialized municipality, which includes both rural and urban elements, and as such, different standards are required in respect of livestock in the rural areas, urban area, and mixed rural-urban areas; Therefore Council enacts: PART I - PURPOSE, DEFINITIONS, INTERPRETATION AND APPLICATION Purpose 1 The purpose of this bylaw is to establish rules governing livestock within the County. Definitions 2 In this bylaw: (a) "apiculture" means the keeping and management of honey bees; (b) "Bee Act" means the Bee Act, RSA 2000, c B-2; (c) "bee keeper registration number" means the bee keeper registration number or other registration information provided to a person by the Provincial Apiculturist pursuant to the Bee Act; (d) "bylaw enforcement officer" means an individual appointed or authorized by the Chief Commissioner to enforce County bylaws, and includes a peace officer and a police officer; (e) "Chief Commissioner" means the chief administrative officer of the County, or the Chief Commissioner's delegate; Bylaw 53-2022 Page 2 (f) "County" means the municipal corporation of Strathcona County, a specialized municipality established under the authority of the Municipal Government Act and Order in Council 761/95, or the municipal boundaries of Strathcona County, as the context requires; (g) "distress" has the same meaning as in the Animal Protection Act, RSA 2000, c A-41; (h) "Fees and Charges Bylaw" means the County's Fees, Rates and Charges Bylaw, Bylaw 54-2021; (i) "Fur Farms Act" means the Fur Farms Act, RSA 2000, c F-30; (j) "General Appeals and Review Committee" means the County committee that hears and decides appeals filed with the General Appeals and Review Committee pursuant to County bylaws; (k) "hamlet" means an unincorporated community in the County that has been designated by Council as a hamlet in accordance with the Municipal Government Act; (l) "honey bee" means the insect Apis mellifera L.; (m) "interest" means a proprietary right, title or interest in law or equity; (n) "Land Use Bylaw" means the County's Land Use Bylaw, Bylaw 6-2015; (o) "livestock" means anything defined as: i. "livestock" in the Agricultural Operation Practices Act, RSA 2000, c A-7; or ii. an "animal" in the Premises Identification Regulation, Alta Reg 200/2008; (p) "livestock waste" means all waste materials resulting from keeping livestock, including livestock feces, feed losses, bedding, litter, soil and wash water; (q) "LU" means livestock units, as set out in Schedule B to this bylaw; (r) "Municipal Government Act" means the Municipal Government Act, RSA 2000, c M-26; (s) "offspring" means the progeny of any livestock while depending on its parents for the necessities of life and under the age of 6 months; Bylaw 53-2022 Page 3 (t) "peace officer" means an individual appointed by the province of Alberta under the authority of the Peace Officer Act, SA 2006, c P-3.5, as a peace officer, and with the authority to enforce this bylaw; (u) "Premises Identification Number" means a unique identifying series of numbers and letters assigned by the Minister pursuant to the Premises Identification Regulation, Alta Reg 200/2008; (v) "producer registration number" means the number assigned to a producer by the Alberta Pork Producers' Development Corporation pursuant to the Alberta Pork Producers' Plan Regulation, Alta Reg 219/2001; (w) "Provincial Apiculturist" has the same meaning as in the Bee Act; (x) "Provincial Offences Procedure Act" means the Provincial Offences Procedure Act, RSA 2000, c P-34; (y) "swine" means Sus scrofa domesticus, commonly known as the domestic pig, including pot bellied pigs; (z) "therapy animal" means livestock that is trained to visit health, educational, or other institutions for the purpose of benefiting patients, students, or other individuals emotionally or mentally; (aa) "unrestricted property" means any parcel of land that is zoned to include "Agriculture, General" as a permitted use, but does not include: i. a parcel zoned as "Airport" (A); ii. a parcel zoned as "Agriculture: Future Development" (AD) if that parcel is smaller than 8 hectares (20 acres) and is located within the boundaries of a hamlet or the urban service area; or iii. a parcel zoned as "Rural Residential/Agriculture" (RA) if that parcel is smaller than 8 hectares (20 acres); (bb) "urban service area" means the territory described as the Sherwood Park Urban Service Area in Order in Council No. 761/95 as amended or repealed and replaced from time to time, or as the boundary of such territory is amended by Strathcona County Council from time to time; (cc) "wild boar" means an animal from the species Sus scrofa, but does not refer to the animal commonly known as a domestic pig; and (dd) "zoned" or "zoning" means a parcel's land use zone as set out in the Land Use Bylaw. Bylaw 53-2022 Page 4 Interpretation 3 The following rules apply to interpretation of this bylaw: (a) the word "including" means "including, but not limited to"; (b) headings and margin notes in this bylaw are for ease of reference only; (c) references to one gender includes all genders, and the singular includes the plural as the context requires; (d) every provision of this bylaw is independent of all other provisions and if any provision of this bylaw is declared invalid by a Court, all other provisions of this bylaw are intended to remain valid and enforceable; (e) references to bylaws and enactments in this bylaw include amendments and replacement bylaws and enactments, and regulations and orders thereunder; (f) all offences under this bylaw are strict liability offences; and (g) if a livestock is commonly referred to as a "miniature" version of a livestock, that livestock is considered to be the full-sized livestock. Application 4 Nothing in this bylaw relieves a person from the obligation to comply with a provision of any bylaw, enactment or other legal requirement, or the requirements of a permit, order or licence issued under another bylaw or enactment. PART II - WHERE LIVESTOCK IS ALLOWED General Restriction 5 Except as otherwise allowed in this bylaw, no person may keep livestock in the County. Exceptions 6 On an unrestricted property, a person may keep any number of any type of livestock. 7 Where the Chief Commissioner has issued a permit under this bylaw, livestock may be kept in accordance with that permit. 8 On a parcel zoned as "Local Industrial (IL)", livestock may only be kept as part of an Agricultural Support Service development as defined in the Land Use Bylaw and where kept as part of such a development: (a) any number of any type of livestock may be kept on that parcel; and (b) any individual animal may only be kept for a maximum of 4 continuous days. Bylaw 53-2022 Page 5 9 On a parcel zoned as "Medium Industrial (IM)", livestock may only be kept as part of a Veterinary Service, Major use as defined in the Land Use Bylaw and where kept as part of such a use: (a) any number of any type of livestock may be kept on that parcel as is reasonable for the use; and (b) any individual animal may only be kept for a maximum of 4 continuous days. 10 Up to 10 LUs per each full increment of 0.2 hectares (0.5 acres) may be kept on a property zoned as: (a) Low Density Country Residential (RCL); (b) Medium Density Country Residential (RCM); (c) Small Holdings (RS); or (d) Rural Residential/Agriculture (RA) where the parcel is less that 8 hectares (20 acres) in size. Livestock Limits 11 Except as allowed by a permit under this bylaw, no person shall keep more livestock on a parcel than is allowed by this bylaw. PART III - CARE OF LIVESTOCK Livestock Care and Safety 12 Every person who has the care or control of livestock, and every person who owns a property where livestock is kept, must ensure: (a) pasture management is conducted in a way that minimizes overgrazing; (b) manure management techniques are in place that: i. minimize runoff onto or into adjacent properties, riparian areas, ground water, and watercourses; and ii. minimize excessive odours; (c) that person's livestock are contained in a manner that prevents the livestock from: i. escaping the person's property; ii. entering onto another property; or iii. harming themselves on the containment apparatus; (d) livestock has sufficient space to move, in accordance with industry best practices, and based on the type of livestock; (e) deceased livestock is removed from the property or properly managed to reduce attraction to predators and scavengers; Bylaw 53-2022 Page 6 (f) the risk to livestock of contracting common livestock diseases is managed; and (g) any livestock that contracts a disease is treated in accordance with industry best practices. PART IV - APICULTURE Apiculture Restriction 13 Except as otherwise allowed in this bylaw, no person may practice apiculture in the County. Apiculture Exceptions 14 On an unrestricted property, a person may practice apiculture with no restrictions. 15 Where the Chief Commissioner has issued an apiculture permit under this bylaw, a person may practice apiculture in accordance with the permit. PART V - PERMIT APPLICATIONS Permits 16 The Chief Commissioner is authorized to issue the following types of permits: (a) livestock event permit; (b) livestock over-limit permit; (c) apiculture permit; and (d) wild boar permit. 17 Upon receiving an application for a permit, the Chief Commissioner may: (a) issue or decline to issue the permit; (b) issue the permit on a one-time, annual, or other basis; (c) require a site inspection before issuing or declining to issue the permit; (d) impose conditions on the permit, on the permitted activities, on any livestock or animal that the permit relates to, or on a person that the permit is issued to; or (e) any one or more of the above. Information Required on Permit Application 18 The Chief Commissioner may request from a permit applicant, and the applicant must provide, any records and information that in the opinion of the Chief Commissioner are material to the permit application, including records and information related to: Bylaw 53-2022 Page 7 (a) the size, location, and physical properties of the parcel of land where the permitted activities will take place; (b) the density of structures on the parcel of land; (c) the ability of the parcel of land and the applicant to support the proposed livestock and activities; (d) livestock waste control measures put in place by the applicant or the property owner where the activities will occur; (e) the livestock to be covered by the permit, including the species or breed, number, and age of the livestock; (f) the health of the livestock including vaccination records when applicable; (g) the Premises Identification Number, if applicable; (h) the applicant's history of compliance with County bylaws, including this bylaw, Bylaw 18-2011 - The Animal Control Bylaw, Bylaw 43-2011 - The Apiculture Bylaw, and Bylaw 45-2012 - The Nuisance and Unsightly Premises Bylaw, as applicable; (i) complaints or concerns received by the applicant in respect of the proposed activities or livestock use; (j) the potential effect of the livestock or the permitted activities on the health and safety of humans, the livestock, and other animals; (k) information required as part of a specific permit application under this bylaw; (l) anything that may lead the Chief Commissioner to believe, reasonably, that the permitted activities may create a nuisance on the parcel of land, or other parcels of land within the County; and (m) any other safety concerns. 19 The Chief Commissioner may rely on any information provided, and may make negative inferences where information is not provided, in determining whether or not to issue a permit and what conditions to place on the permit. Permit Fee 20 (1) Every person applying for a permit must pay any permit fee prescribed by the Fees and Charges Bylaw. (2) The Chief Commissioner may not issue a permit prior to payment of the permit fee. Bylaw 53-2022 Page 8 Permit Not Transferrable 21 A permit is not transferable between locations or persons. 22 A livestock event permit issued in respect of a therapy animal is not transferable between different individual animals. Varying or Revoking Permits 23 The Chief Commissioner may vary the conditions on a permit, and may revoke a permit, if: (a) the applicant provided false or misleading information or records in support of the application; (b) the information or records provided by the applicant are no longer current or correct; (c) the circumstances described in the permit application have had a material change; or (d) the applicant is convicted of an offence under this bylaw. PART VI - SPECIFIC PERMIT PROVISIONS Livestock Event Permits 24 The Chief Commissioner may issue a livestock event permit. 25 The purpose of a livestock event permit is: (a) to allow persons to bring livestock to short-term events in locations where the livestock is otherwise not permitted under this bylaw; or (b) to allow persons to bring livestock to facilities such as hospitals and schools for short-term visits in order to provide emotional or mental support to persons, or for educational purposes. 26 A livestock event permit includes the following conditions: (a) the permit may be valid for up to seven days; (b) the livestock are only allowed to be at the permitted event location; (c) the permit-holder must ensure that the livestock are under control at all times and are not allowed to run free; and (d) the permit-holder must follow the animal care and wellness plan approved as part of the permit application process. 27 An application for a livestock event permit must include the following: Bylaw 53-2022 Page 9 (a) a site plan of the event, including a map of the livestock area, enclosure, or route; (b) a plan for livestock waste clean-up and disposal; and (c) in respect of a therapy animal, evidence of the livestock's health and temperament. 28 In exceptional circumstances, the Chief Commissioner may issue a livestock event permit that is valid for longer than seven days. Livestock Over-limit Permits 29 Subject to section 30, the Chief Commissioner may issue a livestock over- limit permit. 30 The Chief Commissioner shall not issue a livestock over-limit permit for the urban service area. 31 The purpose of a livestock over-limit permit is to allow the permit-holder to have more livestock on a parcel of land than is otherwise allowed or permitted under this bylaw. 32 A livestock over-limit permit may be issued in respect of a parcel of land where livestock is not otherwise allowed to be kept. 33 A livestock over-limit permit includes the following condition: (a) the permit-holder must allow inspection of the parcel of land, at reasonable times and with reasonable notice. 34 (1) An application for a livestock over-limit permit must include the following: (a) confirmation that the owners of all parcels of land adjacent to the parcel where the livestock over-limit permit will apply have been notified of the application; and (b) a record of all objections received from adjacent landowners. (2) Notification to adjacent landowners must be in a form approved by the Chief Commissioner. Apiculture Permits 35 The Chief Commissioner may issue an apiculture permit. 36 The purpose of an apiculture permit is to allow persons to raise honey bees. 37 An apiculture permit includes the following conditions: (a) any hives or apiaries may not be moved from the location provided on the site plan; Bylaw 53-2022 Page 10 (b) the permit-holder may not have more than the permitted number of active hives or apiaries; (c) no apiculture is permitted on a parcel of land smaller than 0.8 hectares (2 acres) in size; (d) a maximum of 4 hives or apiaries may be permitted on a parcel of land between 0.8 hectares (2 acres) and less-than-2 hectares (5 acres) in size; (e) a maximum of 8 hives or apiaries may be permitted on a parcel of land between 2 hectares (5 acres) and less-than-3 hectares (7.5 acres) in size; and (f) a maximum of 12 hives or apiaries may be permitted on a parcel of land between 3 hectares (7.5 acres) and less-than-4 hectares (10 acres) in size. 38 (1) An application for an apiculture permit must include the following: (a) a site plan, including the size of the parcel of land and a map of where on the parcel of land the hives or apiaries will be located; (b) the applicant's provincial beekeeper registration number; (c) either: i. confirmation that there is no additional apiculture practice within 1.6 kilometres of the boundary of the parcel of land where the hives or apiaries will be located; or, ii. confirmation that there is an apiculture practice within 1.6 kilometres of the boundary of the parcel of land where the hives or apiaries will be located and confirmation that the applicant had a valid apiculture permit for that parcel of land under County Bylaw 43-2011, The Apiculture Bylaw at the time this bylaw comes into effect; (d) confirmation that all landowners within 1.0 km of the proposed apiary have been notified of the application; and (e) a record of all objections received from those landowners. (2) Notification to landowners must be in a form approved by the Chief Commissioner. 39 Subject to section 40, the Chief Commissioner shall not issue an apiculture permit unless there is a minimum distance of 1.6 kilometres from the boundary of the parcel of land where the apiculture operation will occur Bylaw 53-2022 Page 11 and the boundary of any other parcel of land that has an apiculture permit issued in respect of it. 40 The Chief Commissioner may issue an apiculture permit if the minimum distance requirement set out in section 39 is not met if: (a) the applicant is already operating an apiculture practice that does not meet the minimum distance requirements under a permit issued under County Bylaw 43-2011, The Apiculture Bylaw at the time this bylaw comes into effect; and (b) the Chief Commissioner is satisfied that conditions can be placed on the permit to manage any risks associated with apiculture practices occurring without meeting the minimum distance requirements. 41 The Chief Commissioner may not issue an apiculture permit if the parcel of land is within the urban service area or within the boundaries of a hamlet unless the property is zoned "Agriculture: Future Development" (AD) and is 8.0 hectares (20 acres) or larger. PART VII - WILD BOAR Wild Boar Restrictions 42 A person shall not keep wild boar without a permit. 43 Subject to section 45, the Chief Commissioner may issue a wild boar permit. 44 The purpose of a wild boar permit is to allow persons to continue to keep wild boar on parcels where wild boar is being kept prior to the coming into effect of this bylaw. 45 The Chief Commissioner shall not issue a wild boar permit unless the following conditions are met: (a) the applicant owns or has an interest in a parcel of land where wild boar is being kept at the time this bylaw comes into effect; and (b) wild boar is continuously kept on that parcel from the coming into effect of this bylaw. 46 For clarity, if wild boar ceases to be kept on a parcel of land where wild boar is being kept at the time this bylaw comes into effect for a period of six consecutive months or more, the Chief Commissioner shall no longer have authority to issue a wild boar permit with respect to that parcel. 47 A wild boar permit includes the following conditions, the permit-holder shall: Bylaw 53-2022 Page 12 (a) only keep wild boar on the parcel of land where wild boar is being kept at the time this bylaw comes into effect and shall not keep them on any other parcel; (b) if the permit-holder continues to keep wild boar, annually notify the Chief Commissioner that the permit-holder continues to keep wild boar and the number of LUs being kept on the parcel; (c) notify the Chief Commissioner as soon as practicable if the person ceases to keep wild boar; (d) notify the Chief Commissioner if the person intends to gift, sell, lease, rent or otherwise dispose of an interest in the parcel of land where the wild boar is being kept prior to disposing of the interest; and, (e) immediately notify the Chief Commissioner if wild boar escape the parcel. 48 If wild boar ceases to be kept on a parcel for a period of six consecutive months or more, the Chief Commissioner shall revoke any wild boar permit relating to that parcel. 49 An application for a wild boar permit must include the following: (a) the name of the person seeking the permit; (b) the nature of the person's interest in the parcel of land where wild boar is being kept; (c) the location of the parcel of land where wild boar is being kept; (d) confirmation that wild boar is being kept at, and has continuously been kept from, the time this bylaw comes into effect; (e) the Premises Identification Number, if applicable; and, (f) the producer registration number, if applicable. 50 Notifications to the Chief Commissioner under this part must be in the form approved by the Chief Commissioner. 51 Nothing in this part affects any requirement under this bylaw to seek a livestock over-limit permit. 52 Each wild boar is equivalent to 20 LUs. Bylaw 53-2022 Page 13 PART VIII - OFFENCES Specific Offences 53 It is an offence to: (a) contravene the conditions placed on any permit; (b) allow for the accumulation of livestock waste, or material contaminated by livestock waste; (c) allow for livestock waste to enter neighbouring properties; (d) allow livestock to constitute a nuisance; (e) release livestock from a secure enclosure, without the consent of the owner of the livestock; (f) permit livestock to be in distress; (g) fail to remove defecation left by livestock at a location other than the livestock owner's property or a property where the livestock owner has permission to leave the defecation. 54 If livestock causes damage to public or private property, the owner of the livestock is guilty of an offence. PART IX - ENFORCEMENT Offences 55 A person who fails to comply with a provision of this bylaw is guilty of an offence. Continuing Offences 56 If an offence is of a continuing nature, each day or part thereof that a person fails to comply with the requirements of this bylaw constitutes a new offence. Obstruction 57 Any person who interferes with or obstructs a bylaw enforcement officer in the execution of the bylaw enforcement officer's duties under this bylaw is guilty of an offence. Onus 58 The onus of proving a person has a valid and subsisting permit is on the person alleging the permit's existence. 59 The onus of proving the age of livestock is on the person alleging the age. False Information 60 Any person who provides false information to a bylaw enforcement officer is guilty of an offence. 61 A person who provides false information on a permit application is guilty of an offence. Bylaw 53-2022 Page 14 Enforcement Measures 62 Nothing in this bylaw precludes a bylaw enforcement officer from taking any enforcement measure available in another bylaw or enactment, in addition to issuing a municipal tag or violation ticket for an offence. 63 (1) A bylaw enforcement officer is a designated officer of the municipality with the power to conduct inspections, take enforcement action, and order any person to remedy a contravention pursuant to the Municipal Government Act, or as provided for and in accordance with any other enactment or bylaw. (2) For clarity, a bylaw enforcement officer is authorized to: (a) enter onto land or in to or on to a building or structure to conduct inspections to determine compliance with this bylaw; and (b) take pictures or images of, or request copies of, anything from in or on a property, premises, or building that is reasonably pertinent to a matter under investigation. Livestock Officer 64 The Chief Commissioner may appoint one or more individuals as livestock officers. 65 A livestock officer is a designated officer of the County and is authorized to: (a) enter onto land or in to or on to a building or structure to conduct inspections to determine compliance with this bylaw; and (b) take pictures or images of, or request copies of, anything from in or on a property, premises, or building that is reasonably pertinent to a matter under investigation. Municipal Tag 66 A bylaw enforcement officer may issue and serve a municipal tag on any person the officer has reasonable and probable grounds to believe has contravened a provision of this bylaw by: (a) personally serving the municipal tag on the person; or (b) mailing a copy of the municipal tag by pre-paid post to the address provided by a person on a permit application, or a person's last known postal address. 67 A municipal tag shall be in a form approved by the Chief Commissioner and shall state: (a) the name of the person to whom the municipal tag is issued; (b) the particulars of the contravention of the bylaw; Bylaw 53-2022 Page 15 (c) the specified penalty for the offence as set out in Schedule A; (d) that the specified penalty shall be paid within thirty (30) days of the issuance of the municipal tag in order to avoid prosecution; and (e) any other information as may be required by the Chief Commissioner. Violation Ticket 68 If a municipal tag has been issued and the specified penalty on the municipal tag has not been paid within the prescribed time, a peace officer may issue a violation ticket to the person to whom the municipal tag was issued. 69 A peace officer may, in the officer's sole discretion, elect to issue and serve a violation ticket without first issuing a municipal tag. 70 A peace officer is authorized to issue a violation ticket, to any person the peace officer believes, on reasonable and probable grounds, has committed an offence under this bylaw, under Part 2 or Part 3 of the Provincial Offences Procedure Act. 71 If a violation ticket is issued it must be in the prescribed form and must: (a) state the specified penalty for the offence as set out in Schedule A of this bylaw; or (b) require the person to appear in Provincial Court with or without the alternative of making a voluntary payment. Penalties 72 Any person guilty of an offence under this bylaw is liable on summary conviction to a penalty in an amount not less than the amount specified in Schedule A of this bylaw, or if not prescribed in Schedule A, not more than $10,000, and any other penalties as may be prescribed in default of payment in relation to proceedings taken under Part 2 or Part 3 of the Provincial Offences Procedure Act. PART X - DECISIONS AND APPEALS Decisions 73 The following matters are within the Chief Commissioner's discretion, subject to any appeal or review provided for in this bylaw or to a Court: (a) prescribing the application, renewal, variation, notification, and other forms required for this bylaw; (b) determining and imposing conditions and restrictions on a permit; and (c) amending or revoking a permit. Bylaw 53-2022 Page 16 74 Decisions made by the Chief Commissioner in the exercise of the Chief Commissioner's discretion under this bylaw to issue a permit, and the conditions and restriction on the permit, shall be in writing and delivered: (a) by personal service to the permit applicant; (b) electronically, if the permit application can be made electronically; or (c) by ordinary mail to the permit applicant at the residential address provided in the permit application. Appeals 75 An appeal to the County's General Appeals and Review Committee lies from the Chief Commissioner's decisions on the following matters: (a) to deny a permit application or renewal; (b) to vary or revoke a permit; or (c) to impose conditions or restrictions on a permit. 76 A person must deliver notice in writing to the Chief Commissioner of an appeal not later than seven (7) days after the date on which the person was served notice of the Chief Commissioner's decision. 77 The Chief Commissioner will, not later than seven (7) days after notice of an appeal was delivered to the Chief Commissioner, deliver to the General Appeals and Review Committee the records and information upon which the decision under appeal was based. 78 Following the conclusion of any hearing, the General Appeals and Review Committee must either confirm, reverse, or vary the decision of the Chief Commissioner. 79 The decision of the General Appeals and Review Committee is final, subject to judicial review by the Courts. PART XI - GENERAL Repeal 80 The following bylaws are repealed: (a) County Bylaw 18-2011, The Animal Control Bylaw; and (b) County Bylaw 43-2011, The Apiculture Bylaw. Transitional 81 Nothing in this bylaw invalidates any action taken, licence or permit granted or revoked, or offence proceeding undertaken, pursuant to Bylaw 18-2011 or Bylaw 43-2011. Bylaw 53-2022 Page 17 Consequential 82 The Land Use Bylaw is amended by: (a) in Part 1, section 1.17., section 1.17.4., deleting the definition of "DOMESTIC ANIMALS" in its entirety and substituting the following: "DOMESTIC ANIMALS means small animals which are normally kept as companions or as household pets such as cats and dogs. This does not include livestock as defined in the County's Responsible Livestock Ownership Bylaw; controlled animals or wildlife as those terms are defined in the Wildlife Act, RSA 2000, c W-10 that exceed 9.07 kilograms (20 pounds); or fowl."; (b) in Part 1, section 1.17., section 1.17.4., inserting the following definition between "FOOD SERVICE, SPECIALTY" and "FUNERAL SERVICE": "FOWL means a bird of any kind except wild birds and poultry, and which, without limiting the generality of the foregoing shall include domestic and exotic birds."; and, (c) deleting all references to the "Animal Control Bylaw" and replacing them with the "Responsible Livestock Ownership Bylaw." 83 County Bylaw 21-2013, The Parks Bylaw, is amended by deleting section 2.12 in its entirety and replacing it with the following: "2.12 "Livestock" means bison, cattle, swine, donkeys, mules, oxen, sheep, goats, and controlled animals and wildlife as those terms are defined in the Wildlife Act, RSA 2000, c W-10 that exceed 9.07 kilograms (20 pounds)." FIRST READING: October 4, 2022 SECOND READING: October 4, 2022 THIRD READING: October 4, 2022 SIGNED THIS 4th day of October, 2022. ______________________________ MAYOR ______________________________ DIRECTOR, LEGISLATIVE AND LEGAL SERVICES Rod Frank Mavis Nathoo Bylaw 53-2022 Page 18 SCHEDULE A BYLAW 53-2022 RESPONSIBLE LIVESTOCK OWNERSHIP BYLAW SPECIFIED PENALTIES Section Offence Municipal Tag Violation Ticket First Offence Second Offence Within two year period Third or more Offences Within two year period 5 Keep livestock in the County $200 $250 $500 $1,000 11 Keep more livestock on a parcel than permitted $200 $250 $500 $1,000 12(a) Fail to prevent overgrazing $200 $250 $500 $1,000 12(b) Fail to practice manure management $200 $250 $500 $1,000 12(c) Fail to contain livestock $200 $250 $500 $1,000 12(d) Fail to provide livestock sufficient space to move $200 $250 $500 $1,000 12(e) Fail to remove deceased livestock from property $200 $250 $500 $1,000 12(f) Fail to manage livestock disease risk $200 $250 $500 $1,000 12(g) Fail to treat livestock with disease $200 $250 $500 $1,000 13 Practicing apiculture without a permit $200 $250 $500 $1,000 42 Keeping wild boar in the County without a permit $850 $1,000 $2,000 $4,000 53(a) Contravene a condition or restriction in a permit $200 $250 $500 $1,000 53(b) Allow for an accumulation of livestock waste $150 $200 $400 $800 53(c) Allow livestock waste to enter neighbouring property $150 $200 $400 $800 53(d) Allow livestock to constitute a nuisance $250 $300 $600 $1,200 53(e) Release livestock from a secure enclosure $150 $200 $400 $800 53(f) Permit livestock to be in distress $200 $250 $500 $1,000 53(g) Failure to remove livestock defecation $100 $150 $300 $600 54 Owner of livestock that causes damage to property $150 $200 $400 $800 57 Obstruct a bylaw enforcement officer $500 $500 $,1000 $2,000 60 Provide false information to a bylaw enforcement officer $500 $500 $1,000 $2,000 Bylaw 53-2022 Page 19 Section Offence Municipal Tag Violation Ticket First Offence Second Offence Within two year period Third or more Offences Within two year period 61 Provide false information on a permit application $500 $500 $1,000 $2,000 Bylaw 53-2022 Page 20 SCHEDULE B BYLAW 53-2022 RESPONSIBLE LIVESTOCK OWNERSHIP BYLAW LIVESTOCK UNITS 1. Each animal of the livestock type listed in Column 1 below is equivalent to the number of livestock units (LUs) listed in the same row, in Column 2 below. 2. Each livestock that is an offspring is zero (0) LUs until the livestock is no longer an offspring. Column 1 - Livestock Type Column 2 - Number of Livestock Units (LUs) Alpaca 10 Bison 20 Cattle (including bulls) 20 Cervid 20 Chicken (including roosters) 1 Donkey 20 Dove raised for the production of meat 1 Duck 1 Goat 10 Goose 1 Guineafowl 1 Horse 20 Llama 10 Mule 20 Oxen 20 Peafowl 1 Pheasant 1 Pigeon raised for the production of meat 1 Quail 1 Rabbit raised for the production of meat 1 Ratites 10 Sheep 10 Swine (excluding wild boar) 20 Turkey 1 Yak 20 Fur-bearing animal, as defined in the Fur Farms Act, weighing greater than 18.14kg (40 pounds) 20 Fur-bearing animal, as defined in the Fur Farms Act, weighing greater than 9.07kg (20 pounds) but equal to or less than 18.14kg (40 pounds) 10 Fur-bearing animal, as defined in the Fur Farms Act, weighing equal to or less than 9.07kg (20 pounds) 1