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SUMMER VILLAGE OF VAL QUENTIN
BYLAW #300-30
VAL QUENTIN ANIMAL CONTROL BYLAW
A BYLAW OF THE SUMMER VILLAGE OF VAL QUENTIN IN THE PROVINCE
OF ALBERTA FOR THE PURPOSE OF REGULATING ANIMALS AND
PROMOTING RESPONSIBLE ANIMAL OWNERSHIP
WHEREAS the Municipal Government Act, empowers a Council to pass bylaws:
a) respecting the safety, health and welfare of people and the protection of people and
property;
b) respecting nuisances;
c) respecting wild and domestic animals and activities in relation to them;
d) regulating or prohibiting activities;
e) providing for a system of licenses, permit or approvals; and
f) respecting remedying of contraventions of bylaws;
AND WHEREAS the Municipal Council of the Summer Village of Val Quentin deems it
appropriate and in the community interest to pass a bylaw to regulate and control domestic
animals, and other animals;
NOW THEREFORE the Municipal Council of the Summer Village of Val Quentin, in the
Province of Alberta, duly assembled, hereby enacts as follows:
1.
SECTION 1 - TITLE
1.1.
This Bylaw may be cited as the "Val Quentin Animal Control Bylaw."
2.
SECTION 2 - INTERPRETATION
2.1.
In this Bylaw, the following terms shall have the following meanings:
a) "Abandoned Animal" means an animal that:
a. is left for more than twenty-four (24) hours without adequate food, water, and
shelter;
b. is left for five (5) days or more after the expected retrieval time from a
registered veterinarian or from a person who for money consideration or its
equivalent stables, boards or cares for the animal; or,
c. is found on premises with respect to which the tenancy agreement has been
terminated.
b) "Animal" means any bird, reptile, amphibian, or mammal excluding humans
and Wildlife;
c) "Animal Protection Act" means the Animal Protection Act, RSA 2000, c A-41;
d) "At Large" means and includes the situation where:
a. Dog is found on any place other than the owner's property; and
b. while on such place, the Dog is not being restrained by a leash and under the
effective control of the owner or someone acting on behalf of and with the
authority of the owner, as required by this bylaw.
e) "Attack" means an assault resulting in bleeding, bone breakage, sprains,
serious bruising, or multiple injuries;
f) "Bark Excessively" means a Dog that barks, howls, or makes any other loud
noise for a continuous period so as to unreasonably disturb the peace and
tranquility of the neighborhood;
g)
"Bite" means force applied by an Animal by means of its mouth and teeth
upon a person or other Animal;
h)
"Bylaw" means this Val Quentin Animal Control Bylaw;
i)
"CAO" means the Chief Administrative Officer for the Summer Village of Val
Quentin or the person designated by the CAO to perform their duties set out
in this Bylaw.
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VAL QUENTIN ANIMAL CONTROL BYLAW
j)
"Communicable Diseases" means diseases which can be passed from
Animal to Animal and zoonotic diseases as per the Animal Protection Act, RSA
2000, CA-41, as amended.
k)
"Council" means the municipal Council of the Summer Village of Val Quentin;
l)
"Court" means the Alberta Court of Justice;
m)
"Distress" means an Animal that is:
a. deprived of adequate shelter, ventilation, space, food, water or veterinary
care; or reasonable protection from injurious heat and cold;
b. injured, sick, in pain or suffering; or
c. abused or subject to undue hardship, privation or neglect
n)
"Dog" means any domesticated male or female member of the canine family;
o)
"Domestic Animal" means a domesticated Animal that lives and breeds in a
tame condition and, without restricting the generality of the foregoing, shall
include a Dog, a Cat, a rabbit, and a ferret, but shall not include Livestock,
Exotic Animals or Wildlife;
p)
"Dog Run" a securely fenced, dedicated outdoor area where a dog can
safely play, exercise, and relieve themselves off-leash. A dog run
provides a private and functional area for a dog's physical activity and
stimulation.
q)
"Fine Schedule " means the fine schedule set out in Schedule "A" of this
Bylaw #291-23
r)
"Former Owner" means the Person who at the time of impoundment was
the Owner of an Animal which has subsequently been sold, given away, or
destroyed/euthanized;
s)
"Impounded" means taken into custody of the Pound;
t)
"Justice" has the meaning as defined in the Provincial Offences Procedures
Act, RSA 2000, c, P-34, and the regulations thereunder;
u)
"Land Use Bylaw" means Summer Village of Val Quentin Land Use Bylaw
#218-08;
v)
"Leash" means a chain, rope or strap attached to the collar or harness of an
animal used to lead, restrain, or control it;
w)
"License" means a License issued by the Village of Alberta Beach to an
Owner for a specific Dog pursuant to this Bylaw; "Livestock" includes, but is
not limited to:
i.
A pig, fowl, horse, mule, donkey, swine, camel, llama, alpaca, sheep or
goat;
ii.
Domestically reared or kept deer, reindeer, moose, elk, or bison;
iii.
Farm bred fur bearing animals including foxes or mink;
iv.
Animals of the bovine species;
v.
Emus, ostriches, peacocks, peahens; and
vi.
All other animals that are kept for agricultural purposes but does not
include Dogs or Cats;
x)
"Municipal Government Act" or the "Act" means the Municipal Government
Act, RSA 2000,cM-26 and the regulations thereunder;
y)
"Municipal Violation Tag" means a notice issued that alleges an offence and
provides a person with the opportunity to pay a fine amount in lieu of
prosecution for the offence
z)
"Muzzle" means a humane device of sufficient strength placed over an
Animal's mouth to prevent it from Biting;
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VAL QUENTIN ANIMAL CONTROL BYLAW
aa) "Nuisance" with respect to the activities of any Animal means activities which,
having regard to all the circumstances, are injurious or obnoxious or likely to
unreasonably injure, endanger or detract from the comfort, health, peace or
safety of persons or property in the Summer Village and specifically includes
but is not limited to:
i.
Biting a person or persons;
ii.
Chasing people, bicycles, automobiles or other vehicles;
iii.
Excessive noise;
iv.
Trespassing upon property;
v.
Causing damage to property, other animals or persons; or
vi.
Upsetting waste receptacles or scattering the contents thereof.
bb) "Owner" means any Person or body corporate, as the context requires:
i.
Who is the licensed owner of an Animal;
ii.
Who has legal title to an Animal;
iii.
Who has possession, care and control, or custody of an Animal, either
temporarily or permanently;
iv.
Who harbours an Animal or allows an Animal to remain on that
Person's premises;
v.
Who is identified as the registered owner on a title at the Land Titles
office;
vi.
Who is recorded as the Owner of a Property on the Village's
assessment roll; or
vii.
Who is an occupant of a Property under a lease, license or permit;
cc)
"Park" means a public space controlled by the Summer Village of Val Quentin
and set aside as a park or municipal reserve to be used by the public for rest,
recreation, exercise, pleasure, amusement, cultural heritage, education,
appreciation of nature and enjoyment and includes:
i.
Playgrounds;
ii.
Natural areas;
iii.
Pathways;
iv.
Trails;
v.
Park roadways;
vi.
Sportsfields
dd) "Pathway" means a multipurpose throughfare controlled by the Summer
Village of Val Quentin and set aside for use by pedestrians, cyclists, and
persons using wheeled conveyances, which is improved by asphalt, concrete
or brick, whether or not it is located in a Park, and includes any bridge or
structure with which it is contiguous;
ee) "Patrol Supervisor" means the person who is the Supervisor of the Patrol
Department for the Village of Alberta Beach, or their designate;
ff)
"Peace Officer" means a member of the Royal Canadian Mounted Police, a
Peace Officer appointed under the Peace Officer Act, SA 2006, c P-3.5, or a
Village Bylaw Enforcement Officer;
gg) "Person" includes a corporation, an individual, and the heirs, executors,
administrator or other legal representatives of an individual;
hh) "Playground" means land within the Summer Village of Val Quentin and
controlled by the Summer Village upon which apparatus such as swings and
slides are placed;
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BYLAW #300-30
VAL QUENTIN ANIMAL CONTROL BYLAW
ii)
"Pound" means the premises designated for the purposes of impounding and
caring for all Dogs found to be at Running at Large or otherwise contravening
any section of this Bylaw;
jj)
"Pound Keeper" means a person appointed by agreement with another
municipality or private business to maintain the designated Pound or Pounds;
kk) "Public Property" means all Property owned by or under the control and
management of the Summer Village of Val Quentin;
ll)
"Property" includes any lands, buildings or premises in the Summer Village
of Val Quentin;
mm) "Provincial Offences Procedure Act" means the Provincial Offences
Procedure Act, RSA 2000, c P-34, and the regulations thereunder;
nn) "Running at Large" or "Run at Large" means:
An Animal or Animals which are not under the control of a person by means
of a Leash and is or are upon property other than the property in respect of
which the Owner of the Animal or Animals has the right of occupation, or
upon any highway, thoroughfare, street, road, trail, avenue, parkway, lane,
alley, square, bridge, causeway, trestleway, sidewalk (including the boulevard
portion), Park or other public place. Any Animal which is under the control of
a person by means of a Leash and which causes damage to persons, property
or other Animals, that is off of the property of the Owner or harbourer;
oo) "Service Dog" has the same definition as set out in the Service Dog Act, SA
2007, c S-7.5, and the regulations thereunder and includes a dog that is in
training to become a service dog but does not include a Dog that is no longer
actively used as service dog;
pp) "Severe Injury" includes any injury resulting in one or more broken bones,
disfiguring lacerations, sutures, cosmetic surgery, scars, and further includes
any other injury determined to be severe by a court upon hearing the
evidence;
qq) "Sports Field" means land within the Summer Village and controlled by the
Summer Village which is set apart and used for the playing of sport including,
but not limited to, basketball, field hockey or pickleball, and rugby, soccer or
football;
rr)
"Stray Animals Act" means the Stray Animals Act, RSA 2000, c S-20, and
the regulations thereunder;
ss)
"Threatening Behaviour" means the following behaviour exhibited by a
Dog, without provocation:
growling, snapping at, lunging at, chasing,
stalking, attacking or biting another Animal, Livestock or Wildlife or a bicycle,
or motor vehicle being operated, unless the Dog is a working Livestock
guardian Dog and is engaged in the performance of such work;
tt)
"Trespasser" means one who intentionally and without consent, privilege, or
authority, enters another's property;
uu) "Vicious Dog" means:
i.
Any Dog which, without provocation, has chased, injured, or bitten any
other Animal, livestock or human;
ii.
Any Dog which, without provocation, has damaged or destroyed any
public or private property;
iii.
Any Dog which, without provocation, has threatened or caused the
reasonable apprehension of threat to another Animal, Livestock, or
human and which in the opinion of the Patrol Supervisor/Peace Officer
presents a threat of serious harm to other Animals, Livestock, or
humans;
iv.
Any Dog which has been previously determined to be a Vicious Dog
under this Bylaw, or a prior bylaw;
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vv) "Summer Village" means the municipality of the Summer Village of Val
Quentin;
ww) "Violation Ticket" has the same meaning as that term is used in the
Provincial Offences Procedure Act;
xx) "Wildlife" has the same meaning as that term is used in the Wildlife Act, RSA
2000, c W-10 and includes but is not limited to coyotes, cougars, bobcats,
deer, moose, elk, wild rabbits, porcupines, beavers and skunks; and
yy) "Wildlife Attractant" means any substance that could be reasonably
expected to attract Wildlife including, but not limited to, food products,
domestic garbage, pet food, seed, restaurant grease, compost, a carcass or
part of a carcass of an animal, fish or meat, or fruit from trees.
2.2.
Any references in this Bylaw to any statutes, regulations, bylaws or other
enactments is to those statutes, regulations, bylaws or other enactments as
amended or replaced from time to time and any amendments thereto.
2.3.
Whenever a singular or masculine form of a word is used in this Bylaw, it shall
include the plural, feminine or neutral form of the word as the context requires.
2.4.
The headings in this Bylaw do not form part of this Bylaw and shall not affect its
interpretation.
3.
SECTION 3 - RESPONSIBILITIES OF ANIMAL AND DOG OWNERS
3.1.
The Owner of a Dog shall:
a)
Ensure the Dog is not Running at Large within the Summer Village of Val
Quentin;
b)
Ensure the Dog is on a Leash, except when in an Off-Leash Area, and in
control at all times when off of the Owner's property;
c)
Ensure that the Dog does not enter into or remain in or on a Park or other
Public Property with signage confirming Dogs are prohibited;
d)
Ensure that any Dog that is suffering from a Communicable Disease is kept
housed and confined and is not permitted to come into contact with other
Animals, Dogs or humans except for contact required to obtain veterinary
medical care; and
e)
Ensure that the Dog is Licensed in accordance with Section 8.
3.2.
No person shall allow a Dog to:
a)
Bark Excessively;
b)
In determining whether the barking or howling is reasonably likely to disturb
the peace of others, consideration may be given, but not necessarily limited,
to the:
a. proximity of the complainant(s) to the property where the Animal is located;
b. duration of the barking or howling;
c. time of day and day of the week;
d. nature and use of the surrounding area; and,
e. effect of the barking or howling on the complainant(s)
c)
Bite, chase or stalk Animals, bicycles, automobiles or other motor vehicles;
d)
Chase or otherwise threaten a person or persons, whether on the property of
the Owner or not, unless the person chased or threatened is a Trespasser on
the property of the Owner;
e)
Cause damage to property or other Animals, whether on the property of the
Owner or not;
f)
Do any act that injures a person or persons whether on the property of the
Owner or not;
g)
Bite a person or persons, whether on the property of the Owner or not;
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VAL QUENTIN ANIMAL CONTROL BYLAW
h)
Attack a person or persons, whether on the property of the Owner or not;
i)
Attack a person or persons causing Severe Injury, whether on the property of
the Owner or not;
j)
Repeatedly Attack a person or persons causing Severe Injury, whether on the
property of the Owner or not;
k)
Cause death to another Animal; or
l)
Upset any waste receptacles or scatter the contents thereof on any Public
Property or on any private property not belonging to the Owner.
3.3.
An Owner of an Animal shall:
a)
Ensure that the Animal is not in distress;
b)
Ensure that the Animal has adequate food and water;
c)
Provide the Animal with adequate care when the Animal is wounded or ill;
d)
Provide the Animal with reasonable protection from injurious heat or cold; and
e)
Provide the Animal with adequate shelter, ventilation and space.
3.4.
No person shall allow an Animal to be outside of the passenger cab of a Motor
Vehicle on a Roadway, regardless of whether the Motor Vehicle is moving or
parked.
3.5.
Notwithstanding section 3.4 above, a person may allow an Animal to be outside of
the passenger cab of a Motor Vehicle, including riding in the back of a pick-up truck
or flatbed truck if the Animal is:
a)
In a fully enclosed trailer;
b)
In a canopy enclosing the bed area of a vehicle;
c)
Contained in a ventilated kennel or similar device that is securely fastened to
the bed of the vehicle; or
d)
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.
3.6.
If an Animal defecates on any Public Property or private property other than the
property of its Owner, the Owner shall cause such defecation to be removed
immediately and disposed of properly.
3.7.
The Owner of an Animal shall ensure that when the Animal is on Public Property or
private property other than property of its Owner, the Owner has means in the
Owner's possession to collect and properly dispose of defecation from such Animal.
3.8.
The Owner of an Animal shall ensure that the Animal is not Running at Large.
3.9.
The Owner of an Animal left unattended in a Motor Vehicle shall ensure:
a)
That the Animal is restrained in a manner that prevents the contact between
the Animal and any member of the public; and
b)
That the Animal has suitable ventilation.
3.10. A Patrol Supervisor/Peace Officer that identifies an offence under section 3.9 of this
Bylaw may use any means reasonable and necessary for the safety of the Animal
to remove the Animal from the Motor Vehicle, with any expense associated with
such action being the responsibility of the Owner of the Vehicle.
3.11. The Owner of a Motor Vehicle involved in an offence referred to in this Section is
guilty of the offence unless that Owner satisfies the Court:
a)
That the Motor Vehicle was not being driven or was not parked by the Owner;
and
b)
That the person driving or parking the Motor Vehicle at the time of the offence
did so without the Owner of the Motor Vehicle's express or implied consent.
3.12. The Owner of an Animal shall ensure that the Animal is not left unattended while
tethered or tied on premises where the public has express or implied access.
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VAL QUENTIN ANIMAL CONTROL BYLAW
3.13. The Owner of an Animal shall ensure that the Animal is not left unsupervised while
tethered or tied on private property.
3.14. The Owner of an Animal shall ensure that the Animal is not a Nuisance.
4.
SECTION 4 - INTERFERENCE WITH ANIMALS OR DOGS
4.1.
No Person shall:
a)
Untie, loosen, or otherwise free an Animal or Dog which has been tied or
otherwise restrained;
b)
Tease or torment an Animal or Dog or otherwise provoke an Animal or Dog to
bark, Bite, attempt to Bite, chase or otherwise threaten any Person, Animal or
Dog; or
c)
Negligently or willfully open a gate, door, or other opening in a fence or
enclosure in which an Animal or Dog has been confined and thereby allow an
Animal or Dog to Run at Large.
4.2.
No Person shall ignore or further neglect any Domestic Animal found to be in
distress within the meaning of the Animal Protection Act, and such Person shall
report the said Domestic Animal to a Patrol Supervisor/Peace Officer.
5.
SECTION 5 - VICIOUS DOGS
5.1.
The Patrol Supervisor/Peace Officer may, based on personal observation of the Dog
or an investigation initiated by a complaint, declare a Dog to be a Vicious Dog.
5.2.
A Patrol Supervisor/Peace Officer may impound a Dog that is the subject of a
complaint for a period of up to 7 days for the purposes of evaluating the Dog and
determining whether the Dog should be declared a Vicious Dog.
5.3.
A Dog shall not be declared a Vicious Dog based on the following behaviour alone:
a)
It Attacks or Bites a Trespasser on the Property of the Owner, or property
controlled by the Owner; or
b)
It is kept as a Livestock guardian Dog and if the Attack is in defense of
Livestock of which the Dog is responsible on the property of the Owner.
5.4.
If the Patrol Supervisor/Peace Officer determines a Dog to be a Vicious Dog, the
Patrol Supervisor shall give the Owner of the Vicious Dog written notice by mail
within fifteen (15) days of such determination:
a)
Informing the Owner that their Dog has been determined to be a Vicious Dog;
b)
Requiring the Owner to keep the Vicious Dog in accordance with the
provisions of Section 5 of the Bylaw; and
c)
Informing the Owner that if the Vicious Dog is not kept in accordance with the
requirements of this section of this Bylaw, that the Owner will be fined, or
subject to enforcement pursuant to this Bylaw.
5.5.
An Owner of a Dog determined to be a Vicious Dog by the Patrol Supervisor/Peace
Officer may appeal such determination to Council within thirty (30) days of receiving
notice of such determination. A notice of appeal shall be submitted in writing to the
CAO.
5.6.
On receipt of a notice of appeal under section 5.5 above, Council shall as soon as
is reasonably practical cause the matter to be reviewed and make a final
determination. That determination by Council shall be final and binding and not
subject to further appeal under this Bylaw.
5.7.
The determination of a Dog to be a Vicious Dog continues notwithstanding that the
Dog has been sold, gifted, or transferred to a new Owner.
5.8.
When a declared Vicious Dog is not on the property of the Owner:
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VAL QUENTIN ANIMAL CONTROL BYLAW
a)
The Dog shall be harnessed or on a Leash which shall not exceed two (2)
meters in length and in a manner that prevents it from chasing, injuring, or
Biting other Animals or persons, or causing damage to public or private
property;
b)
The Dog shall be under the control of a person who is eighteen (18) years of
age or older; and
c)
The Dog shall be muzzled.
5.9.
When a declared Vicious Dog is on the property of an Owner;
a)
The Dog shall be confined indoors;
b)
The Dog shall be kept as if the provisions of section 5.8 above applied to such
Dog while on the Property of the Owner; or
c)
The Dog shall be confined in a secure enclosure, meaning a locked building,
cage or fenced area of such construction that will not permit the confined Dog
or Dogs to jump, climb, dig, or force their way out, or allow the entry of any
person not in control of the Dog.
5.10. An Owner shall not be required to leash or muzzle a Vicious Dog while inside a
building or enclosure and being shown or displayed at a bona fide Dog show.
5.11. Where a Dog is determined to be a Vicious Dog pursuant to this Bylaw, the Owner
shall, within ten (10) days of receiving the notice of designation:
a)
Ensure that the Vicious Dog has been tattooed by a licensed veterinarian;
b)
Ensure that an identifiable microchip has been implanted in the Vicious Dog;
c)
If the Vicious Dog has not been spayed or neutered, have the Vicious Dog
spayed or neutered; and
d)
Post signs conspicuously on their premises alerting the public that a Vicious
Dog is on the premises.
5.12. Where a Dog has been determined to be a Vicious Dog, the Patrol Supervisor/Peace
Officer may impose one or more of the following conditions on the Owner of the
Vicious Dog, and the Owner must comply with such conditions as are imposed
under this section:
a)
Requiring the Owner to modify the Owner's property in some manner in order
to reduce the risk of the Vicious Dog leaving the property or Running at Large;
b)
Requiring the Owner to retain the services of a Dog trainer to provide the
Owner with specified training and that the Owner provide proof of the
completion of such training;
c)
Requiring the Owner to obtain third party liability insurance in a specified
amount for the Vicious Dog; and
d)
Any other additional condition that is similar to the above and in the opinion of
the Patrol Supervisor is reasonably necessary for the safety of the public.
5.13. An Owner of a Vicious Dog shall ensure that the Dog does not:
a)
Chase a person or other Animal;
b)
Injure a person or other Animal;
c)
Bite a person or other Animal;
d)
Attack a person or other Animal; or
e)
Damage or destroy public or private property.
5.14. Where a Dog is determined to be a Vicious Dog, the Owner of such Vicious Dog
shall not breed or sell the Vicious Dog within the Summer Village of Val Quentin.
5.15. The Owner of a Vicious Dog shall notify the Summer Village of Val Quentin Patrol
Supervisor/Peace Officer immediately of the following:
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a)
The Vicious Dog is Running at Large;
b)
The occurrence of any incident described in section 5.12 involving the Vicious
Dog; or
c)
The sale, surrender, or death of the Vicious Dog.
6.
SECTION 6 - RABIES AND COMMUNICABLE DISEASE CONTROL
6.1.
Upon demand made by a Peace Officer, an Owner of a Domestic Animal shall
forthwith surrender any Domestic Animal which the Patrol Supervisor/Peace Officer
has reasonable and probable grounds to suspect of having been exposed to rabies
or any Communicable Disease for supervised quarantine, the expense for which
shall be borne by the Owner, and the Animal may be reclaimed by the Owner if the
Animal is adjudged to be free of rabies or any Communicable Disease upon
payment of the confinement expenses and upon compliance with the licensing
provisions of this Bylaw.
6.2.
When a Domestic Animal under quarantine has been diagnosed as rabid, or
suspected by a licensed veterinarian of being rabid, and dies while under such
observation, the Pound Keeper shall immediately send the head of such Domestic
Animal to the appropriate health department for pathological examination and shall
notify the appropriate public health officer of reports and human contacts and the
diagnosis made, or suspected diagnosis made, of the Domestic Animal.
6.3.
During such period of rabies quarantine as provided for in this section, every
Domestic Animal bitten by any Animal adjudged to be rabid, shall be forthwith
destroyed/euthanized or, at the Owner's expense and option shall be treated for
rabies infection by a licensed veterinarian or held under quarantine by the Owner in
the same manner as other Domestic Animals are quarantined.
6.4.
The carcass of any dead Animal exposed to rabies shall, upon demand, be
surrendered to the Pound Keeper.
6.5.
A licensed veterinarian shall direct the destruction, disposal of remains or treatment
of any Domestic Animal found to be infected with rabies.
7.
SECTION 7 -SEIZURE AND IMPOUNDMENT OF ANIMALS
7.1.
A Patrol Supervisor/Peace Officer, upon complaint under this Bylaw, may seize and
impound:
a)
Any Dog found Running at Large contrary to this Bylaw in the Summer
Village;
b)
Any Dog which has Bitten or Attacked, or is alleged to have Bitten or
Attacked, a person or Animal, pending the determination by the Patrol
Supervisor/Peace Officer as to whether to declare the Dog to be a Vicious
Dog;
c)
Any Dog not wearing a collar and License as required by this Bylaw,
d)
Any Dog which is required to be impounded pursuant to any provincial or
federal law, and in enforcement of the jurisdiction provided in section 7.1 for
the purposes of investigation only, a Patrol Supervisor/Peace Officer is hereby
authorized to enter any privately owned premises provided that in this section
the word "premises" does not include a building or buildings used as a
dwelling house. A Patrol Supervisor/Peace Officer may enter a premises in
order to preserve the safety and security of the public if deemed necessary,
Premises include any outdoor lot visible from the street,
e)
Orders to remedy contraventions:
a. If a Patrol Supervisor/Peace Officer finds that a person is contravening this
Bylaw, the Peace Officer may write an Order in accordance with the
Municipal Government Act, RS.A 2000, cM-26, requiring any person
responsible for the contravention to remedy it.
b. The Order may:
i. direct a person to stop doing something, or to change the way in which
they are doing it;
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ii. direct a person to take any action necessary to remedy the
contravention of this bylaw to prevent reoccurrence of the contravention;
iii. state a specified time to comply; and,
iv. state that if the person does not comply within a specified time, the
Summer Village shall take necessary action, at the expense of the
person.
c. The expenses and costs resulting from action taken by the Summer Village
under this Section, are due and payable by the person in contravention of
this Bylaw.
d. The Summer Village may, in accordance with the Municipal Government
Act, RSA 2000, cM-26, add outstanding amounts for unpaid expenses and
costs referred to in Section 12.1c to a Property Tax Roll, if the
contravention of the Bylaw occurred on all or part of the Owner's property.
Review by Council:
a. A person who receives a written notice or Order under this Bylaw, may
submit a request for Council to review the notice or Order within thirty (30)
days after the date it was received, providing the request is submitted in
writing.
b. A person shall pay the required fee as per the Fees, Rates and Charges
Bylaw prior to the review by Council.
c. After review, Council may confirm, vary, substitute or cancel the notice or
Order.
7.2.
For the purposes of investigation only, a Patrol Supervisor/Peace Officer is hereby
authorized to enter any privately owned premises provided that in this section the
word "premises" does not include a building or buildings used as a dwelling house.
A Patrol Supervisor/Peace Officer may enter a premises in order to preserve the
safety and security of the public if deemed necessary. Premises include any
outdoor lot visible from the street.
7.3.
If a Patrol Supervisor/Peace Officer knows or can ascertain the name or residence
of the Owner of any Impounded Dog, they shall make reasonable attempts to notify
the Owner of the Impoundment of the Dog.
7.4.
For all Dogs impounded other than for the purpose of determining whether the Dog
is to be declared a Vicious Dog:
a)
the Pound Keeper shall keep all Impounded Dogs for a period of at least 72
hours, including the day of impounding. Sundays and statutory holidays shall
not be included in the computation of the 72-hour period. During this period,
any Dog may be redeemed by its Owner upon the Owner paying to the Pound
Keeper the appropriate fees. If at the expiration of a 72-hour period any
Impounded Dog has not been redeemed, it may be sold, given away, or
destroyed/euthanized. The purchaser of an Impounded Animal from the
Pound pursuant to the provisions of this Bylaw shall obtain full right and title to
the Animal and the right and title to the Former Owner shall be forfeit.
7.5.
For Dogs impounded under section 5.2 of this Bylaw for the purposes of
determining whether to declare the Dog a Vicious Dog:
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a)
The Pound Keeper shall keep the Impounded Dog for the period required to
evaluate the Dog in accordance with section 5.2 of this Bylaw;
b)
The Owner shall be notified when the evaluation of the Dog has been
completed. The Pound Keeper shall keep the Dog for a period of at least 72
hours after notice has been given to the Owner. Sundays and statutory
holidays shall not be included in the computation of the 72-hour period.
During this period, the Dog may be redeemed by its Owner upon the Owner
paying to the Pound Keeper the appropriate fees, documentation of neutering
or spaying, plus Pound fees for every 24-hour period or fraction thereof that
the Dog has been Impounded.
c)
If at the expiration of a 72-hour period any Impounded Dog has not been
redeemed, it may be sold, given away, or destroyed. The purchaser of an
Impounded Animal from the Pound pursuant to the provisions of this Bylaw
shall obtain full right and title to the Animal and the right and title to the Former
Owner shall be forfeit.
7.6.
Any Impounded Dog which appears to be in distress in accordance with the Animal
Protection Act shall be dealt with as provided for in the Animal Protection Act.
7.7.
Any Livestock Running at Large within the Summer Village of Val Quentin shall be
enforced in accordance with the Stray Animals Act.
7.8.
No person whether or not they are the Owner of the Animal which is being, or has
been, pursued or captured shall:
a)
Interfere with or attempt to obstruct a Peace Officer who is attempting to
capture or who has captured any Animal in accordance with this Bylaw;
b)
Open any Motor Vehicle in which seized Animals have been placed;
c)
Remove or attempt to remove, from the possession of a Peace Officer, any
Animal which has been seized;
d)
Induce any Animal to enter a house or other place where it may be safe from
capture, or otherwise assist the Animal to escape capture;
e)
Falsely represent themselves as being in charge or control of an Animal so as
to establish that the Animal is not Running at Large;
f)
Unlock, unlatch, or otherwise open a Motor Vehicle in which Animals captured
for Impoundment have been placed to as to allow or attempt to allow any
Animals to escape; or
g)
Provide false information to a Peace Officer.
8.
SECTION 8 -LICENSING OF DOGS
8.1.
No person shall own, keep, or harbour any Dog within the municipal limits of the
Summer Village unless such Dog is licensed as provided in this Bylaw.
8.2.
The holder of a Dog License must be at least eighteen (18) years of age unless an
exemption is given by the Patrol Supervisor.
8.3.
Every Owner of a Dog over the age of six (6) months within the limits of the
Summer Village shall obtain a license from the Village of Alberta Beach Municipal
Office:
a)
Obtain a license for such dog after the Dog becomes six (6) months of age;
b)
Obtain a license on the first day on which they become Owner of the Dog; or
c)
Obtain a license for a Dog notwithstanding that it is under the age of six (6)
months where the Dog has been found to be Running at Large.
8.4.
Every Owner of a Dog shall provide the Village of Alberta Beach with the following
information with each application for a Dog License:
a)
The name, street address, postal address, and telephone number of the
Owner;
b)
Where the Owner is a body corporate, the name, street address, postal
address and telephone number of a natural person responsible for the Dog;
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VAL QUENTIN ANIMAL CONTROL BYLAW
c)
A description of the Dog including breed, name, gender, age;
d)
Proof of spaying or neutering, if applicable;
e)
Identification tattoo number and location, if applicable;
f)
Identification microchip information, if applicable;
g)
Such other information as may be required with respect to the application.
8.5.
The Village of Alberta Beach maintains a record of each License issued on behalf of
the Summer Village of Val Quentin. No person shall give false information when
applying for a License pursuant to this Bylaw.
8.6.
An Owner shall forthwith notify the Village of Alberta Beach and/or the Summer
Village of Val Quentin of any change with respect to the information provided in the
application for a License under this Bylaw.
8.7.
Licenses issued under this Bylaw shall be issued for the life of the Dog. No refund
shall be made on any paid Dog License fee because of the death or sale of the Dog,
or upon the Owner of the Dog leaving the Summer Village of Val Quentin.
8.8.
Licenses issued under this Bylaw may be transferred to another Dog on the
payment of the associated transfer fee.
8.9.
License fees shall be those listed in Schedule "A" of this Bylaw.
8.10. Every Owner shall ensure that the License is securely fastened to a choke chain,
collar, or harness which must be worn at all times when the Dog is off of the
Owner's property. If the License tag becomes lost, the Owner shall obtain a
replacement License tag from the Village of Alberta Beach office and shall pay the
required fee for such replacement License tag.
8.11. If a Dog is found not wearing a choke chain, collar or harness with a valid License
tag, the Owner shall be deemed not to have a License for the Dog unless the
Owner can produce, to the satisfaction of the Patrol Supervisor/Peace Officer, the
License tag or receipt for the License within twenty-four (24) hours of notice to the
Owner.
8.12. A License is not required for the Owner of a Dog who is temporarily resident in the
Summer Village for a period not exceeding twenty-one (21) days. This period may
be extended on the receipt of written permission from the Patrol Supervisor/Peace
Officer.
9.
SECTION 9 - KENNELS, LIVESTOCK, AND HORSES
9.1.
No person shall operate a Kennel on any Property except where an approved
Development Permit has been issued for such Kennel under the Land Use Bylaw,
and any other required licenses have been obtained. The harbouring, keeping of, or
owning more than three (3) Dogs shall be deemed to be operating a Kennel.
9.2.
No person shall keep Livestock of any kind on any residentially zoned Property in
the Summer Village of Val Quentin.
9.3.
No Owner of a horse shall allow a horse to be in a Park except for a Park that is
approved and designated by the Summer Village of Val Quentin for horseback
riding.
9.4.
No person shall have more than five (5) Domestic Animals, of which no more than
three (3) may be Dogs, on any residentially zoned Property in the Summer Village
of Val Quentin.
10.
SECTION 10 - WILDLIFE ATTRACTANTS
10.1. No Owner of a Property in the Summer Village of Val Quentin shall place, store,
permit or dispose of Wildlife Attractants outdoors in such a manner as to be
accessible to Wildlife, or to attract Wildlife.
10.2. Owners of Property in the Summer Village must remove ripened fruit from trees and
the ground on the Property if they attract Wildlife.
10.3. Owners of Property in the Summer Village must remove bird feeders if they attract
Wildlife.
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VAL QUENTIN ANIMAL CONTROL BYLAW
10.4. No person shall feed or attempt to feed Wildlife.
11.
SECTION 11 - GENERAL
11.1. Where this Bylaw requires that an Owner be provided with a notice or a decision,
that notice of decision may be served by ordinary mail to the last known address of
the Owner and the Owner is deemed to have received that notice or decision seven
(7) days from the date it was mailed.
11.2. No person shall willfully or knowingly obstruct a Patrol Supervisor/Peace Officer, or
a person aiding the Patrol Supervisor/Peace Officer in their duties, from enforcing
the provisions of this Bylaw.
11.3. The Patrol Supervisor/Peace Officer shall keep an up-to-date record of all
complaints, notices and reports and a similar record of the disposition therefore.
11.4. Any person or Owner who commits a breach of any of the provisions of this Bylaw
commits an offence.
11.5. In the case of an offence that is of a continuing nature, a contravention of a
provision of this Bylaw constitutes a separate offence with respect to each day, or
part of a day, during which the contravention continues, and a person guilty of such
an offence is liable to a fine in an amount not less than that established by this
Bylaw for each such separate offence.
11.6. A person who is guilty of an offence under this Bylaw is liable:
a)
To a fine in an amount not less than as set out in Schedule "A" Fine
Schedule, or
b)
On summary conviction, to a fine not exceeding $10,000.00, or imprisonment
for not more than six months, or both at the discretion of the Courts.
11.7.
If a Municipal Violation Tag is issued in respect of an offence, the Municipal
Violation Tag must specify the fine established by this Bylaw for the offence.
11.8. A person who commits an offence may, if a Municipal Tag is issued in respect of the
offence, pay the fine amount established by this Bylaw for the offence and if the
amount is paid on or before the required date, the person will not be prosecuted for
the offence under the Provincial Offences Procedure Act.
11.9. Where a Patrol Supervisor/Peace Officer believes that a person has contravened
any provision of this Bylaw, the Patrol Supervisor/Peace Officer may commence
proceedings against the person by issuing a Violation Ticket pursuant to the
Provincial Offences Procedure Act.
11.10. If a Violation Ticket is issued in respect of an offence, the Violation Ticket may:
a)
Specify the fine amount established by this Bylaw for the offence; or
b)
Require a person to appear in court without the alternative of making a
voluntary payment.
11.11. A person who commits an offence may, if a Violation Ticket is issued in respect of
the offence and if the Violation Ticket specifies the fine amount established by this
Bylaw for the offence, make a voluntary payment equal to the specified fine.
11.12. Nothing in this Section shall prevent any Patrol Supervisor/Peace Officer from
issuing a Violation Ticket requiring the court appearance of the defendant pursuant
to the Provincial Offences Procedure Act, or from laying an information instead of
issuing a Violation Ticket or Municipal Violation Tag.
11.13. Nothing in this Section shall prevent any person or Owner from defending a charge
of committing a breach of this Bylaw.
11.14. The Summer Village of Val Quentin is not required to enforce this Bylaw. In deciding
whether to enforce this Bylaw, the municipality may consider any practical
concerns, including municipal budget and personnel resources.
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VAL QUENTIN ANIMAL CONTROL BYLAW
11.15. A Patrol Supervisor/Peace Officer investigating a complaint involving threatening
behaviour of an Animal may, but is not required to, classify the behaviour by means
of reference to the Dr. Ian Dunbar's Aggression Scale which is set out in Schedule
"B" of this Bylaw.
11.16. Schedules "A" and "B" form part of this Bylaw.
11.17. Each provision of this Bylaw is independent of all other provisions. If any provision
of the Bylaw is declared invalid for any reason by a court of competent jurisdiction,
all other provisions of this Bylaw shall remain valid and enforceable.
12.
SECTION 12 - TRANSITION AND COMING INTO FORCE
12.1. Upon the coming into force of this Bylaw, Bylaw #262-17 is repealed.
12.2. This Bylaw shall come into full force when it receives THIRD and FINAL reading and
is duly signed.
READ a first time this 16th day of July , 2025.
READ a second time this 20th day of August, 2025.
READ a third and final time this 17th day of September, 2025.
SIGNED by the Mayor and CAO this _____ day of __________, 2025.
_____________________________
Mayor, Kathy Dion
_____________________________
CAO, Marlene Walsh
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SUMMER VILLAGE OF VAL QUENTIN
BYLAW #300-30
VAL QUENTIN ANIMAL CONTROL BYLAW
SCHEDULE "A"
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 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.
2. Fines levied for contravention of this bylaw are listed in Schedule "A" of this bylaw.
3. Bylaw # 262-17 shall be rescinded on the date of final reading of this Bylaw.
FINE SCHEDULE
Section
Offence
First
Offence
Second
Offence
Third and
Subsequent
Offences
3.1(a)
Dog Running at Large
$150.00
$300.00
$600.00
3.1(b)
Dog not on Leash or control when off Owner's
property
$150.00
$300.00
$600.00
3.1(d)
Dog suffering from Communicable Disease not
confined
$200.00
$400.00
$800.00
3.1(e), 8.1,
8.3
Dog not Licensed
$100.00
$200.00
$300.00
3.2 (a)
Dog barking excessively
$100.00
$200.00
$300.00
3.2(c)
Dog biting, chasing or stalking Animals, bicycles,
automobiles or other motor vehicles
$250.00
$500.00
$1,000.00
3.2(d)
Dog chasing or threatening a person
$250.00
$500.00
$1,000.00
3.2(e)
Dog causing damage to property or other Animals,
whether on the property of the Owner or not
$250.00
$500.00
$1,000.00
3.2(f)
Dog injures a person or persons whether on the
property of the Owner or not
$400.00
$800.00
$1,600.00
3.2(g)
Dog bites a person or persons, whether on the
property of the Owner or not
$400.00
$800.00
$1,600.00
3.2(h)
Dog attacks a person or persons, whether on the
property of the Owner or not
$500.00
$1000.00
$2000.00
3.2(i)
Dog attacks a person or persons, whether on the
property of the Owner or not, causing Severe Injury
$2,000.00
$2,000.00
$2,000.00
3.2(j)
Dog repeatedly attacks a person or persons, whether
on the property of the Owner or not, causing Severe
Injury
$2,000.00
$2,000.00
$2,000.00
3.2(k)
Dog causes death to another Animal
$2,000.00
$2,000.00
$2,000.00
3.2(l)
Dog upsets any waste receptacles or scatter the
contents thereof on any Public Property or on any
private property not belonging to the Owner
$150.00
$300.00
$600.00
3.3(a)
Animal in distress
$500.00
$1000.00
$2,000.00
3.3(b)
Animal does not have adequate food or water
$350.00
$700.00
$1,400.00
3.3(c)
Animal not provided with adequate care
$350.00
$700.00
$1,400.00
3.3(d)
Animal not provided with protection from heat or cold
$350.00
$700.00
$1,400.00
3.3(e)
Animal not provided with adequate shelter,
ventilation, or space
$350.00
$700.00
$1,400.00
3.4
Animal outside of passenger cab in vehicle
$150.00
$300.00
$600.00
3.6
Animal feces not removed
$150.00
$300.00
$600.00
3.7
Animal Owner does not have means to remove
defecation
$150.00
$300.00
$600.00
3.8
Animal Running at Large
$150.00
$300.00
$600.00
3.9
Animal left unattended in motor vehicle improperly
$350.00
$700.00
$1,400.00
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BYLAW #300-30
VAL QUENTIN ANIMAL CONTROL BYLAW
Section
Offence
First
Offence
Second
Offence
Third and
Subsequent
Offences
3.12
Animal tethered or tied unattended on public
property
$150.00
$300.00
$600.00
3.13
Animal tethered or tied unattended on private
property
$150.00
$300.00
$600.00
3.14
Animal is a Nuisance
$150.00
$300.00
$600.00
4.1(a)
Untie, loosen or free an Animal
$350.00
$700.00
$1,400.00
4.1(b)
Tease or torment or provoke an Animal
$150.00
$300.00
$600.00
4.1(c)
Opening Animal confinement
$350.00
$700.00
$1,400.00
4.2
Failure to report animal in distress
$350.00
$700.00
$1,400.00
5.8(a)
Vicious Dog not harnessed or on Leash
$500.00
$750.00
$1,000.00
5.8(b)
Vicious Dog not in control of adult
$500.00
$750.00
$1,000.00
5.8(c)
Vicious Dog not muzzled
$500.00
$750.00
$1,000.00
5.9
Vicious Dog not kept or confined as required
$500.00
$750.00
$1,000.00
5.11
Vicious Dog Owner failure to comply with
requirements after designation of Vicious Dog
$500.00
$750.00
$1,000.00
5.12
Vicious Dog failure to comply with conditions
$500.00
$750.00
$1,000.00
5.13(a)
Vicious Dog chases a person or other animal
$500.00
$750.00
$1,000.00
5.13(b)
Vicious Dog injures a person or other animal
$2,000.00
$2,000.00
$2,000.00
5.13(c)
Vicious Dog bites a person or other animal
$2,000.00
$2,000.00
$2,000.00
5.13(d)
Vicious Dog attacks a person or other animal
$2,000.00
$2,000.00
$2,000.00
5.13(e)
Vicious Dog damages or destroys property
$1,000.00
$1,500.00
$2,000.00
5.14
Vicious Dog in Off Leash Area
$1,000.00
$1,500.00
$2,000.00
5.15
Sell or breed Vicious Dog
$500.00
$1,000.00
$2,000.00
5.16(a)
Failure to notify of Vicious Dog Running at Large
$500.00
$1,000.00
$2,000.00
5.16(b)
Failure to notify of incident with Vicious Dog
$500.00
$1,000.00
$2,000.00
5.16(c)
Failure to notify of sale, surrender or death of Vicious
Dog
$500.00
$1,000.00
$2,000.00
6.
Failure to comply with Section 6
$500.00
$1,000.00
$2,000.00
7.7
Interfere with pursuit or seizure of Animal
$500.00
$1,000.00
$2,000.00
8.5
Provide false information on application for License
$350.00
$700.00
$1,400.00
8.6
Failure to notify Village of change
$150.00
$300.00
$600.00
8.10
Failure to securely fasten License to Dog
$50.00
$100.00
$200.00
9.1
Possess more than 3 Dogs / operate a Kennel
$250.00
$500.00
$1,000.00
9.2
Keeping Livestock on residential property
$250.00
$500.00
$1,000.00
9.3
Horses in Park where not authorized
$150.00
$300.00
$600.00
9.4
Possess more than 5 Domestic Animals
$250.00
$500.00
$1,000.00
10.1
Improper storage of Wildlife Attractants
$150.00
$300.00
$600.00
10.2
Failure to remove Wildlife Attractant
$150.00
$300.00
$600.00
10.3
Failure to remove Wildlife Attractant
$150.00
$300.00
$600.00
10.4
Feed Wildlife
$150.00
$300.00
$600.00
11.2
Obstruct Patrol Supervisor/Peace Officer
$2,000.00
$2,000.00
$2,000.00
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VAL QUENTIN ANIMAL CONTROL BYLAW
SCHEDULE "B"
Dr. IAN BUNBAR'S AGGRESSION SCALE
ASSESSMENT OF THE SEVERITY OF BITING PROBLEMS BASED
ON AN OBJECTIVE EVALUATION OF WOUND PATHOLOGY
LEVEL 1
Dog growls, lunges, snarls - no teeth touch skin.
Mostly intimidation / threatening behaviour.
LEVEL 2
Teeth touch skin but no puncture. May have red mark / minor bruise
from dog's head or snout, may have minor scratches from
paws/nails. Minor surface abrasions or lacerations.
LEVEL 3
Punctures one to three holes, single bit. No tearing or slashes. Victim
not shaken side to side. Bruising.
LEVEL 3.5
Multiple Level 3 bites.
LEVEL 4
Two to four holes from a single bite, typically contact / punctures
from more than canines, considerable bruising. Black bruising, tears
and/or slashing wounds. Dog clamped down and held and/or shook
head from side to side.
LEVEL 5
Multiple bites at Level 4 or above. A concerted, repeated attack
causing severe injury.
LEVEL 6
Any bite resulting in the death of an animal.
This Scale is developed by Dr. Ian Dunbar PhD. BVet Med, MRCVS,of Berkeley California. From his studies
Dr Dunbar has been able to separate and classify bites into a generalized six level assessment protocol. Tills
Scale is used as a standard throughout the world in canine aggression investigations and behavior assessment.
Updated in 2012 for the City of Calgary Animal Services.
"Inhibitions are the mechanisms which compel an animal to interrupt an action in the middle of a sequence."(i)
"Good bite inhibition does not mean that your dog will never snap, lunge, nip, or bite. Good bite inhibition
means that should the dog snap and lunge, his teeth will seldom make skin contact and should the dog's teeth
ever make skin contact, the inhibited "bite" will cause little, if any, damage."
References
(i).ABRANTESR. Dog Language An Encyclopedia of Canine Behavior 145. Wakan Tanka Publishers 1997
(ii). DUNBAR.!. PhD, BVetMed, MRCVS After you Get Your Puppy 84. James &Kenneth Publishers 2001
(iii). City of Calgary Animal Services. Standard Operating Procedure for Peace Officers. City of Calgary,
2012
17