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VULCAN COUNTY
Vulcan - Alberta
BYLAW 2021-022
Being a bylaw of Vulcan County in the Province
of Alberta to enhance the welfare of residents
and animals within the County by enforcing a
standard for animal behavior and living
conditions.
WHEREAS pursuant to Section 7 of the Municipal Government Act, the
council of a municipality may pass bylaws for municipal purposes
respecting the safety, health, and welfare of people and the protection
of people and property; wild and domestic animals and activities in
relation to them; and the enforcement of bylaws made under the
Municipal Government Act or any other enactment;
AND WHEREAS the Council of Vulcan County deems it to be in the
public interest to pass a bylaw to establish and enforce minimum
standards relating to the care of animals and to regulate, control, and
to abate potential nuisances and dangers presented by animals in Vulcan
County;
NOW THEREFORE the Council of Vulcan County, in the Province
of Alberta, duly assembled enacts as follows:
1. This Bylaw may be cited as the "Animal Control Bylaw".
2. Definitions
2.1. In this Bylaw, unless the context otherwise requires:
a. "Animal Health Act" means the Animal Health Act (AHA),
SA 2007, c. A-40.2 including regulations under the
statute;
b. "At Large" means any animal herein defined that is on any
place other than the property of the animal owner and
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while on such place is not restrained and or under
effective control;
c. "Bylaw Enforcement Officer" means a Bylaw Enforcement
Officer or a Peace Officer appointed by the County
pursuant to the Municipal Government Act (MGA), RSA
2000 c. M-26, and amendments thereto, to enforce the
County Bylaws, and includes a member of the Royal
Canadian Mounted Police;
d. "Communicable Diseases" means an illness due to a
specific infectious (biological) agent or its toxic products
capable of being directly or indirectly transmitted from
man to man, from animal to man, from animal to animal,
or from the environment (through air, water, food, etc..)
to man;
e. "Coop" means a fully enclosed, weatherproof structure
and attached outdoor chicken run utilized for the keeping
of chickens;
f. "County" means Vulcan County;
g. "County Commissioner" means the Chief Administrative
Officer of Vulcan County;
h. "Fowl" means a bird of any kind including domestic and
exotic birds;
i. "Hen Box" means a box within a coop for the nesting of
Hens;
j. "Hen Keeper" means a person having any right of
custody, control, or possession of an Urban Hen(s);
k. "Land Use Bylaw" means Vulcan County's Land Use Bylaw
as amended or replaced from time to time;
l. "Livestock" means those animals listed in Section 7 of this
bylaw;
Page 3 of 18
m. "Nuisance" mean any Fowl, Poultry, or Livestock, that
poses a health and or safety threat to an individual,
property, or to the community at large by reason of:
i.
accumulated animal waste;
ii.
accumulation of material contaminated by animal
waste;
iii.
disposal of animal waste;
iv.
disposal of material contaminated by animal waste;
v.
threat to public safety;
n. "Obstruction" means the hindrance of any person or
persons appointed to enforce the provisions of this bylaw,
in the performance of any duty authorized by this bylaw;
o. "Offspring" means the progeny of any Livestock while
depending on its parents for the necessities of life, which,
without limiting the generality of the foregoing, shall
mean the progeny under the age of 6 months of any
Livestock.
p. "Owner" means any person, partnership, association, or
corporation:
i.
owning, possessing, or having charge or control
over any animal; or
ii.
harboring any animal; or
iii.
suffering or permitting any animal to remain about
the Owner's house, premises or lands;
q. "Permitted Parcel" means a parcel of land permitted to
have chicken(s) on it in accordance with this bylaw;
r. "Poultry" means domestic birds kept in captivity for the
production of eggs meat and other by-products;
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s. "Premises Identification Number" (PID) means a nine-
character combination of numbers and letters issued by
the Province of Alberta to the provisions of the Animal
Health Act, as amended or replaced from time to time, to
owners of livestock;
t. "Registered Veterinarian" has the same meaning as
defined in the Veterinary Profession Act, R.S.A. 2000,
Chapter V-2, as amended or repealed and replaced from
time to time;
u. "Remedial Order" means an order written pursuant to
Section 545 or 546, of the Municipal Government Act; RSA
2000, c. M-26, as amended or repealed and replaced from
time to time; requiring the person responsible for the
contravention to remedy it if the circumstances so require;
v. "Rooster" means a male chicken;
w. "Urban Hen" means a female chicken;
x. "Violation Ticket" means a ticket issued pursuant to Part II
of the Provincial Offences Procedure Act, RSA 2000 c. P-
34, as amended, and regulations thereunder;
y. "Wildlife" means big game, birds of prey, fur-bearing
animals, migratory game birds, non-game animals, non-
license animals and upland game birds, and includes any
hybrid offspring resulting from the crossing of two (2)
wildlife animals.
3. Exemptions
3.1. This bylaw shall not apply to the following:
a. Property located within the municipal boundaries of the
County districted by the Land Use Bylaw as:
i.
RG - Rural General; Only parcels exceeding 10
acres;
ii.
RI- Rural Industrial;
iii.
RC - Rural Commercial;
iv.
UF - Urban Fringe;
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v.
VIP - Vulcan Industrial Park;
vi.
DC - Direct Control
3.2. Ownership of domestic dogs.
4. Nuisance and Running at Large
4.1. Subject to the provisions of section 2 of the Agricultural
Operation Practices Act, RSA 2000, c. A-7, as amended, any
person who keeps or harbors any Livestock, Poultry or Fowl,
herein defined, within the municipal boundaries of the County
in such a manner that a Nuisance, as defined in this bylaw, is
created, is guilty of an offence.
4.2. Any person who is the owner of any Livestock, Poultry or Fowl
herein defined, is guilty of an offence if his/her animal is At
Large within the municipal boundaries of the County.
4.3. Nothing in this bylaw shall preclude the operation of the
Alberta Stray Animals Act, RSA 2000, S-20, as amended from
time to time, or the operation of any applicable Alberta
legislation.
4.4. No Person shall cause an Animal to be Running at Large in the
County by:
a. Untying, loosening or otherwise freeing an Animal which
has been tied or otherwise restrained, or
b. Negligently or willfully open a gate, door or other opening
in a fence or enclosure in which an Animal has been
confined.
4.5. No Person whether or not he/she is the Owner of an Animal
which is being or has been pursued or captured by an Officer
shall:
a. Induce the Animal to enter a house or other place where
the Animal may be safe from capture or otherwise assist
the Animal to escape capture,
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b. Falsely represent himself/herself as being in charge or
control of an Animal so as to establish that the Animal is
not Running at Large, or
c. Unlock or unlatch or otherwise open the vehicle used in
controlling or transporting the said Animal so as to allow
or attempt to allow any Animal to escape therefrom.
5. Urban Hens
5.1. Hen Keepers must keep a minimum of three (3) hens and
shall not exceed six (6) hens per residence;
5.2. Hen Keepers must comply with all Provincial regulations
around the keeping of Urban Hens;
5.3. Hen Keepers must register their flocks into the Provincial
database and obtain a Premise Identification (PID) number;
5.4. No Owner or Hen Keeper shall keep a Rooster;
5.5. Each Urban Hen must always be kept in the coop; hens are
not permitted to be At Large;
5.6. Coops must be built to Provincial standards and meet all
requirements for accessory buildings under the Land Use
Bylaw;
5.7. Coops must be maintained in good repair and sanitary
condition, free from vermin and noxious or offensive smells
and substance; and
5.8. Egg production for commercial sale of eggs is not permitted.
5.9. Residents keeping urban hens are required to advise Vulcan
County, Animal Control, and shall provide the address,
location of the coop, and their assigned Premises
Identification (PID) Number.
5.10. Hen Keepers shall make themselves available and their coops
available for inspection on a reasonable request from
provincial authorities and/or Vulcan County Protective
Services, Animal Control.
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6. Property Animal Restrictions
6.1. It is prohibited to have Livestock, on property districted by the
County Land Use Bylaw as:
a. R5 - Multi Family;
b. R6 - Modular Dwellings;
c. AP - Airport;
d. RVS - Recreational Vehicle Storage;
e. C1 - Highway Commercial;
f.
C2 - Local Commercial; or
g. C3 - Neighbourhood Commercial.
6.2. Persons residing on a parcel or property districted as one of
the following:
a. R1 - Country Residential;
b. R3 - Hamlet Unserviced;
c. R4 - Hamlet Serviced;
d. HR - Hamlet Reserve;
e. POS - Public Open Space;
f.
REC - Recreational;
g. INS - Institutional; or
h. DC - Direct Control
and having a titled area less than 0.28 ha (0.7 acres), or parcels or
property districted R2 - Country Residential Estate are not
permitted to have Livestock, Poultry or Fowl, except for Urban
Hens.
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7. Animal Livestock Allowance
7.1. Persons residing on a parcel or property districted as one of
the following:
a. R1 - Country Residential;
b. R3 - Hamlet Un-serviced;
c. R4 - Hamlet Serviced;
d. HR - Hamlet Reserve;
e. POS - Public Open Space;
f.
REC - Recreational;
g. INS - Institutional; or
h. DC - Direct Control Districts
and having a titled area greater than 0.28 ha (0.7 acres), are
permitted to have Livestock, Poultry or Fowl in accordance
with numbers permitted in 7.2.
7.2. The number of Livestock, Poultry or Fowl permitted on a
parcel or property in section 7.1 are not to exceed the
following numbers:
Parcel Size
Maximum Number of
Animals or Bird Unit
0.28 - 1.2 ha (>0.7 - 2.97 ac)
1
>1.2 - 1.6 ha (>2.97 - 3.95 ac)
3
>1.6 - 2.0 ha (>3.95 - 4.94 ac)
4
>2.0 - 2.4 ha (>4.94 - 5.93 ac)
4
>2.4 ha (10 ac plus)
10
For the purpose of this bylaw, "one animal or bird unit"
means:
-
1 horse/colt, donkey, mule, or ass = 1 unit, or
Page 9 of 18
-
2 colts up to one year old, or
-
1 cow/steer, oxen = 1 unit, or
-
2 calves up to one year old, or
-
10 ducks, turkeys, chickens, pheasants, geese or other
similar fowl = 1 unit, or
-
2 sheep, goats, or ewes = 1 unit, or
-
5 llama, or 5 alpaca = 1 unit, or
-
10 rabbits or chinchillas = 1 unit, or
-
5 ostrich, or 5 emus = 1 unit, or
-
1 pig = 1 unit, and
-
2 piglet (s), up to one year old = 1 unit.
7.3. It is prohibited to raise and or possess any Wildlife on private
property unless permitted to do so through the Provincial Fish
and Wildlife Department.
7.4. Other types of animals not listed above or animal operations
of a size in excess of those listed above may be considered on
a discretionary use basis upon the issuance of a development
permit.
7.5. Section 7.2 herein shall not apply to the Offspring of
Livestock.
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8. Communicable Diseases Related to Animals
8.1. An owner of an animal which is suffering from a
communicable disease:
a. Shall not permit the animal to be in a public place;
b. Shall not keep the animal in contact with or in proximity to
any other animal free of such disease;
c. Shall keep the animal locked or tied up;
d. Shall immediately report the matter to the Veterinarian
Inspector of Health of Animal Branch of the local office of
the federal Department of Agriculture, and Vulcan County
Protective Services.
9. Obstruction of Bylaw Enforcement Officer
9.1. No person shall obstruct a Bylaw Enforcement Officer
appointed to enforce the provisions of this bylaw, in the
performance of any duty authorized by this bylaw.
10. Penalties
10.1. Any person who contravenes a provision of this bylaw is guilty
of an offence and is liable to penalty as set out in Schedule
"A", herein.
10.2. Any Person who contravenes any provision of this bylaw is
guilty of an offence and is liable upon summary conviction to
a fine of not less than Two Hundred and Fifty Dollars
($250.00) and a maximum fine of Ten Thousand Dollars
($10,000.00).
10.3. Under no circumstances shall any Person contravening any
provision of this Bylaw be subject to the penalty of
imprisonment.
10.4. Where there is a specified penalty listed for an offence in
Schedule "B" to this Bylaw, that amount is the specified
penalty for the offence.
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10.5. Notwithstanding specified penalties set out in Schedule "B" to
this Bylaw:
a. If a Person is convicted twice under the same provision of
this Bylaw within a twenty-four (24) month period, the
specified penalty for the second conviction shall be twice
the amount of the specified penalty for a first offence;
and
b. If a Person is convicted three or more times under the
same provision of this Bylaw within a twenty-four (24)
month period, the penalty for the third and subsequent
convictions shall be triple the amount of the specified
penalty for a first offence.
10.6. The minimum fine for a contravention of any provision of this
Bylaw not listed in Schedule "B" shall be $250.00.
10.7. Where a contravention of this Bylaw is of a continuing nature,
a contravention shall constitute a separate offence in respect
of each Day, or part of a Day, on which that offence
continues.
10.8. This section does not prevent any Bylaw Enforcement Officer
from issuing a violation ticket requiring a Court appearance of
the defendant, pursuant to the provisions of the Provincial
Offences Procedures Act, or from laying an information in lieu
of a violation ticket.
10.9. The levying and payment of any fine shall not relieve a Person
from the necessity of paying any fees, charges or costs for
which the Person is liable pursuant to the provisions of this
Bylaw
10.10. A Justice, after convicting an Owner of an offence under this
Bylaw, may, if the Justice considers the offence sufficiently
serious, direct, order or declare any one or more of the
following:
a. That the Owner prevent the Animal from doing mischief or
causing the disturbance or nuisance complained of;
Page 12 of 18
b. That the Owner pay restitution for any expenses or costs
incurred by any Person including but not limited to the
County as a result of the Owner's offence;
c. That the Animal be destroyed; or
d. That the Owner be prohibited from owning any Animal for
a specified period of time.
11.
Violation Tickets
11.1. An Officer is hereby authorized and empowered to issue a
Violation Ticket to any Person whom the Officer has
reasonable and probable grounds to believe a Person has
contravened any provision of this Bylaw.
a. A Violation Ticket may be served on such Person who is
an individual, either:
i.
By delivering it personally to such Person, or
ii.
By leaving a copy for such Person at his/her last
known Premises with an individual at the Premises
who appears to be at least 18 years of age, and
such service shall be adequate for the purposes of
this Bylaw.
b. A Violation Ticket may be served on a Person which is a
corporation, either:
i.
by sending it by registered mail to the registered
office of the corporation, or
ii.
By delivering it personally to the manager,
secretary or other executive officer of the
corporation or the person apparently in charge of a
branch office of the corporation at an address held
out by the corporation to be its address, and such
service shall be adequate for the purposes of this
Bylaw.
11.2. Where a contravention of this Bylaw is of a continuing nature,
a contravention shall constitute a separate offence in respect
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of each Day, or part of a Day, on which that offence
continues.
12.
Officer Authority
12.1. An Officer is a designated officer for the purposes of Section
542 of the Municipal Government Act.
12.2. Where an Officer has reasonable grounds to believe that any
provision of this Bylaw has been contravened, an Officer is
authorized to:
a. enter upon any Premises between the hours of 8 am - 8
pm Monday-Friday, in accordance with Section 542 of the
Municipal Government Act for the purpose of inspecting,
remedying, or enforcing the provisions of this Bylaw
including but not limited to enforcing the terms of a
Remedial Order and carrying out the actions authorized
within this Section after providing not less than 48 hours'
prior notice to the owner or occupant of the Premises;
b. notwithstanding Section 12.2(a), in the event of an
Emergency, the Officer is not required to give notice to
the owner or occupant of the Premises prior to entering
upon the Premises and is not required to enter the
Premises at a reasonable time;
c. capture, seize, impound any Animal which is Running At
Large, or which has caused or is alleged to have caused a
Severe Injury or exhibited a Threat to Public Safety;
d. to take reasonable measures as necessary to subdue and
control the Animal without injuring or causing undue
distress to the Animal in the process of capturing, seizing
and impounding the Animal including but not limited to
the use of tranquilizer equipment and other capture
devices;
e. where an Animal is injured or ill, deliver the Animal to a
Registered Veterinarian for treatment prior to impounding
the Animal,
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f.
issue a Remedial Order to an Owner of any Animal which
has exhibited a Threat to Public Safety, caused or is
alleged to have caused a Severe Injury, or has otherwise
contravened any section of this Bylaw. The Remedial
Order may:
i.
direct the Owner to stop doing something or to
change the way in which the Owner is doing it,
ii.
direct the Owner to take any action or measures
necessary to remedy the contravention of this
Bylaw
iii.
state a time within which the Owner must comply
with the Officer's directions and provide proof of
compliance to the Officer, and
iv.
state that if the Owner does not comply with the
directions within a specified time, the County may
take the action or measure at the expense of the
Owner.
12.3. Any Person who receives a Remedial Order may request a
review of the Remedial Order by Council in accordance with
Section 547 of the Municipal Government Act by filing a
written request for review of the Remedial Order together
with the Remedial Order Review Fee as set out in Schedule
"B" to this Bylaw with the Chief Administrative Officer within
14 days of receipt of the Remedial Order. The request for
review shall set out the grounds for the request.
12.4. Within thirty (30) days after receipt of the request for review,
Council shall review the Remedial Order and may confirm,
vary, substitute or cancel the Remedial Order and shall issue a
written decision, including reasons for the decision, to the
Person who requested the review.
12.5. Any Person affected by the decision of Council may appeal the
decision to the Court of Queen's Bench in accordance with
Section 548 of the Municipal Government Act.
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13.
MISCELLANEOUS
13.1. It is the intention of Council that all offences created under
this Bylaw be interpreted to be strict liability offences.
13.2. Each provision of this Bylaw is independent of all other
provisions. If any provision of this Bylaw is declared invalid for
any reason by a Court of competent jurisdiction, all other
provisions of this Bylaw shall remain valid and enforceable.
13.3. Nothing in this Bylaw relieves a Person from complying with
any federal, provincial law or other regulation or County bylaw
or any requirements of any lawful permit, order, consent or
other direction.
13.4. A copy of a record of the County, certified as a true copy of
the original, shall be admitted in evidence as prima facie proof
of the facts states in the record without proof of the
appointment or signature of the Person signing it.
13.5. Nothing in this Bylaw limits the right of any Person to
prosecute a claim for damage by reason of injuries to a
Person or property resulting from any action of an Owner or
any Animal.
Received first reading this 14th day of July, 2021
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
________________________________
Nels Petersen, CAO
Received second reading this 14th day of July, 2021
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
________________________________
Nels Petersen, CAO
Page 16 of 18
Presented for unanimous consent of Council to proceed to third reading
this 14th day of July, 2021
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
________________________________
Nels Petersen, CAO
Received third reading and finally passed this 14th day of July, 2021
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
________________________________
Nels Petersen, CAO
Page 17 of 18
Schedule "A"
Impoundment Fee Amount Expended
Care and Sustenance Fees Amount Expended
Veterinary Fees Amount Expended
Destruction of Animal Amount Expended
The amounts to be paid to the County by the Owner of an Animal in order
to reclaim the Animal shall be the actual amounts incurred by the County
in providing care to the Animal including but not limited to the Impoundment
Fee, Care and Sustenance Fees calculated on a per day or portion thereof
basis, Veterinary Fees, and any costs of destroying the Animal.
Remedial Order Review Fee $100.00
Page 18 of 18
Schedule "B"
Bylaw
Section
Offence
Specified
Penalty
4.1
Nuisance Animals
$250.00
4.2
At Large Animal
$500.00
5.1
Keeping More or Less hens than permitted
$250.00
5.2
Fail to comply to Provincial Regulations for
Keeping of Hens
$250.00
5.3
Fail to obtain Premise Identification
Number
$250.00
5.4
Have Rooster on Site
$250.00
5.5
Hen at Large
$300.00
5.6
Fail to meet conditions of accessory
buildings under the Land use Bylaw
$300.00
5.7
Fail to maintain repair/sanitary conditions
$300.00
5.8
Commercial Sale of Eggs
$250.00
5.9
Fail to advise County of address and/or
PID number
$250.00
5.10
Fail to make themselves and coops
available for inspection
$250.00
6
Keeping of Livestock in restricted area
$300.00
7.2
Exceeding number of permitted units /
animals
$500.00
7.3
Raising and/or possessing Wildlife
$500.00
8.1
Communicable Disease, allowing animal in
public
$300.00
8.2
Communicable Disease, keeping animal in
contact with or proximity to any other
animal
$300.00
8.3
Communicable Disease, failing to keep
animal locked or tied up
$300.00
8.4
Communicable Disease, failing to report
$300.00
9
Obstruct Bylaw Enforcement Officer
$1000.00