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Summer Village of Sunset Point
BYLAW NO. 235
A BY-LAW FOR THE PURPOSE OF GOVERNING THE CONTROL OF ANIMALS WITHIN THE
MUNICIPAL BOUNDARIES OF SUMMER VILLAGE OF SUNSET POINT IN THE PROVINCE OF
ALBERTA
WHEREAS, pursuant to Section 7 of the Municipal Government Act, S.A. 1994,cM-26.1 the
Municipality of the Summer Village of Sunset Point may pass a bylaw for the purpose of governing
the control of animals within the boundaries of the Summer Village of Sunset Point:
Now therefore, the Council of the Summer Village of Sunset Point duly assembled enacts as follows:
1.0
TITLE
1.1 This Bylaw may be cited as "Animal Control Bylaw"
2.0
DEFINITIONS
2.1
"Animal" shall mean any domesticated animal, including but not limited to cattle, horses, fowl,
sheep or goats;
2.2
"At large" shall mean off the premises of the owner and not under the immediate, continuous
and effective control of a competent person;
2.3
"Dog" shall mean a male or female of the species over the age of three months and shall
include bitch, spayed bitch, male or neutered male;
2.4
"Dog Catcher" shall mean any person appointed by the Summer Village to carry out the
provisions of this bylaw;
2.5
"Owner" shall mean and include any person owning, possessing, having charge of or control
over or harbouring any animal or dog or suffering or permitting any animal or dog to remain
about his house or premises;
2.6
"Run at large" A dog shall be deemed to be running at large if it is off the property of the
owner or harbourer and not confined on a lease ;
2.7 "Summer Village" means the Summer Village of Sunset Point;
2.8 "Vicious dog" means:
(i) any individual dog that when unprovoked inflicts bites or attacks a human being or other
animal either on public or private property;
(ii) any individual dog with a known propensity, tendency or disposition to attack without
permission, to cause injury or to otherwise endanger the safety of human beings or
domestic animals;
(iii) any individual dog which attacks a human being or domestic animal without provocation;
(iv) any individual dog owned or harboured primarily or in part for the purpose of dog fighting or
any dog trained for dog fighting;
(v) any individual dog which has been found to be a "dangerous dog" upon 3 separate
occasions;
2.9 "Dangerous dog" shall mean any individual dog which when either unmuzzled, unleashed or
unattended approaches any person in an apparent attitude of attack upon street, sidewalks, or
any other public grounds or place.
3.0 DOG CATCHER/POUND
3.1
The Summer Village Council may, by resolution, appoint a Dog Catcher and designate a place
where dogs may be impounded.
3.2
Any dogs that are in contravention of the regulations of this bylaw may be impounded at the
place designated as the Summer Village Dog Pound.
3.3
Any dog impounded pursuant to the provisions of the bylaw may be sold by the Dog Pound
authorities, subject to the right of the owner to redeem said dog within 72 hours from the time of
impounding by paying to the Summer Village Dog Pound the fine imposed for the offense. The
72 hours shall not include days on which the Dog Pound is closed to the public.
.....2
BYLAW 235 cont'd
4.0 REGULATIONS
4.1 No animals, other than cats, dogs and other small pets may be harboured on any property within
the Summer Village boundaries.
4.2 No person or owner shall permit any dog to run at large within the boundaries of the Summer
Village.
4.3 No person shall remove or attempt to remove any animal or small pet, including a dog from the
possession of the dog Catcher or the Dog Pound prior to having paid the outstanding fines.
4.4 No person, whether or not he or she is the owner of a dog or small pet which is being pursued by
the Dog Catcher, shall:
(i) interfere with or attempt to obstruct a Dog Catcher from enforcing the provisions of this
bylaw;
(ii) induce any dog, or small pet or animal to enter a house or other place where it may be safe
from capture or otherwise assist the dog, small pet or animal to escape capture;
(iii) falsely represent himself as being in control of a dog, so as to establish that the dog is not
running at large; or
(iv) unlatch or open the vehicle in which dogs captured for impounding have been placed, so as to
allow dogs to escape therefrom.
4.5 It shall be the duty of the occupant of any house or premises in or about which any bitch is kept or
allowed to remain, to keep such bitch housed and confined during the whole period such bitch is in
heat.
4.6 No person shall allow any dog to howl or bark excessively or in a manner to disturb the quiet of any
person.
4.7 It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious
dog unless such dog is at all times kept in an enclosure. The only times that a vicious dog may be
allowed out of the enclosure are:
(1) it is necessary for the owner or keeper to obtain veterinary care for the vicious dog or
(2) to sell or give away the vicious dog or
(3) to comply with the order of a court of competent jurisdiction, provided that said vicious dog is
securely muzzled and restrained with a chain having a tensile strength of 300 lbs. not exceeding 3
feet in length and shall be kept under the direct control and supervision of the owner or keeper of
the vicious dog.
Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall
be turned over to a licensed veterinarian for destruction by euthanasia. Any owner or keeper of a
vicious dogs who shall sell or give away, or who shall possess with the intent to sell, any vicious
dog shall give written notice to the person who will be receiving the vicious dog that said dog has
been found to be a vicious dog.
4.8 Any owner who permits a dangerous dog to run at large is subject to a fine over and above any
other fine of the Bylaw.
4.9 No dog shall be permitted in Klinkhammer or North Park.
4.10 No dog be allowed to defecate on any public or private property other than the property of its
owner. If a dog defecates on any public or private property, the owner shall cause such defecation
to be removed immediately.
5.0 TICKETS/FINES
5.1 An animal control ticket issued to any person contravening any provision of this bylaw shall be
deemed to be sufficiently served if :
(i) served personally on the owner of the animal; or
(ii) mailed by registered mail to the address of the owner as recorded on the Summer Village tax
roll; or
(iii) left at the residence of the accused in care of a person who appears to be at least 16 years of
age.
.....3
BYLAW 235 cont'd
5.2 Fines shall be as follows:
Infraction
Fine
1st Offence
2nd Offence
3rd Offence
1. Harbouring Prohibited Animals
$ 25.00
(Sec.4.1)
2. Running at large
$ 75.00
$150.00
$ 300.00
(Sec.4.2)
3. Removing from custody
$ 200.00
(Sec. 4.3)
4. Interfering with capture
$ 125.00
(Sec.4.4)
5. Not confining bitch in heat $ 75.00
$ 100.00
$ 125.00
(Sec. 4.5)
6. Barking or Howling
$ 75.00
$ 100.00
$ 125.00
(Sec. 4.6)
7. Failure to confine vicious dog
$ 500.00
(Sec.4.7)
8. Permitting a dog in park
$ 75.00
$ 100.00
$ 125.00
(Sec. 4.9)
9. Failure to remove defecation
$ 50.00
$ 75.00
$ 100.00
(Sec. 4.10)
5.3 An offence shall not be deemed to have been repeated if the subsequent offences are committed
after expiration period of six months .
5.4 If an animal control ticket issued to an owner as a result of an infraction of this bylaw is not paid in
accordance with the terms of the ticket, an information may be filed and a summons issued and
prosecution conducted against such owner for the alleged violation.
5.5 Any person who contravenes any of the provisions of this bylaw shall be liable upon summary
conviction to a penalty not to exceed $ 500.00 plus costs, or in default of payment, to
imprisonment for a period not exceeding 30 days.
Bylaw 172 is hereby rescinded.
This bylaw shall come into force and take effect upon the date of the third and final reading.
Read a first time this 1st day of October, 2001.
Read a second time this 1st day of October, 2001 .
Read a third time and passed this 1st day of October, 2001.
Summer Village of Sunset Point
Betty Forfylow, Mayor
Hilda Marsh, CAO