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## Village of Warburg Bylaw # 99/10
A BYLAW of the Village of Warburg, in the Province of Alberta, to license and control dogs and other animals within the Village of Warburg.
AND WHEREAS, Section 164 of the Municipal Government Act, R.S.A. 1980, for the Province of Alberta, gives the Council the authority to pass such a bylaw;
NOW THEREFOR, the Council of the Village of Warburg in the Province of Alberta duly assembled, hereby enacts as follows:
## PART 1 - TITLE AND DEFINITIONS
- This Bylaw may be cited as the "Animal Control Bylaw"
2. In this Bylaw, unless the context otherwise requires:
"Animal" means, all species of fauna excluding humans.
Communicable Disease" means, a disease that antec nimals and may be transmitted to human being
Peace Officer disposition to attack, without provocation, other animals or humans.
logs are rept, bred ail trai naproved location where
"Dog" means, either a male or female of the canine family.
"Livestock" means those Animals which have been domesticated for, and are normally associated with, agriculture or ranching, including but not limited to horses, chickens, sheep, swine, goats and mules, but excludes Dogs.
'Microchip" means an encoded, electronic devise mplanted in an animal by or under the supervision of a licensed veterinarian, containing a unique code number for the purpose of identifying the Animal and its Owner.
nuzzle" means a humane device used to cover estrain the mouth of an Animal, of sufficient strength prevent the Animal from biting.
## "Owner" means:
- ii. A Person who owns or claims a proprietary interest in an Animal;
2. A Person who has the care, charge, custody, Possession or control of an Animal;
- ili. A Person who harbours, suffers or permits an Animal to be present on any property owned or under that Person's control;
- V. The Person to whom a license has bee issued under Part 2 of this Bylaw.
- iv. A Person who claims and receives an Animal from the custody of the Village Animal Shelter or a Peace Officer; o
within the jurisdictional administered by the Village's parks and facilities epartment, including buildings or other improvement ituated on those Land
"Person" includes a partnership or corporation.
## "Possession" means:
- ii. Having been given physical or effective control of an Animal by its Owner for the purpose of controlling the Animal for a specific period of time;
2. Exercising physical or effective control of an Animal;
- ili. Where one or more Persons with the knowledge and consent of the others, has physical or effective control of an Animal, it may be deemed to be in the control of each and all of them.
appointed by the Milage, Specia Constable or a mriber of the RCMP
*S perene lage or manor, land tude Bylania distic.
"Village" means, the Village of Warburg.
"Village Animal Shelter" means, the premises designated by the Village for the purpose of impounding and caring for Dogs, and other animals regulated under this Bylaw.
"Violation Ticket" means a ticket issued under and pursuant to Part 2 of the Provincial Offences Procedure Act, R.S.A. 2000. c.P-34, as amended or repealed and replaced from time to time.
"Violation Tag" means a municipal notice issued by the Village pursuant to s.7 of the Municipal Government Act for the purpose of providing a Person with an opportunity to acknowledge the contravention of a Bylaw and to pay a penalty directly to the Village, in order to avoid prosecution for the contravention.
## PART 2 - LICENSING
3. No person shall own, keep or harbour any Dog within the Village limits unless such Dog is licensed.
4. Every Person residing within the jurisdiction of the Village who is the owner of a Dog over the age of six months shall obtain, on an annual basis, a license for that Dog as
determined by Council from time to time, and set out in Schedule "A".
5. Every person who:
- ii. Takes up residence within the Village and is the Owner of a Dog which is over the age of six months.
3. Becomes the Owner of a Dog over the age of six months, whether that Dog was previously licensed under this Bylaw; or
Shall within one (1) month of becoming the owner of the Dog or taking up residence within the Village, license the Dog in accordance with this Bylaw.
6. Licenses issued under this Bylaw shall not be transferable from one Dog to another or from one Owner to another.
2. 7.
8. Dog Owners shall provide the Village with the following information with each application for a Dog license
- a) Name, street address and phone number of
- b) Name and description of the Dog to be licensed;
- d) Such other information as may be required on the application form, as established by resolution of Council or by the Municipal Administrator from time to time.
- c) Proof of spaying/neutering if applicable, and
9. No more than two (2) Dogs shall be harboured, suffered
- a) The premises are lawfully used for the care and treatment of Animals;
- b) The premises are temporarily being used for the purposes of a Dog show;
11. ) The premises are lawfully used for th provision of training or obedience classes but only during the training or obedience classes and for a period of one (1) hour
- Vie arced at said for af
10. Notwithstanding s.9, a person may harbour more than two (2) Dogs, where those Dogs in excess of the maximum are under six (6) months of age, and are the progeny of a licensed Dog resident in the same premises.
## PART 3 - DANGEROUS DOGS
- 11.
- b) When on the premises of its Owner, a Dangerous Dog shall:
- Be confined indoors;
- Be restrained by a leash and controlled by a person sixteen (16) years of age or older;
- confined within a securely enclosed and locked pen or other structure, constructed and secured in such a fashion as to prevent the escape of the Dangerous Dog, and to prevent entry into the pen or access to the Dangerous Dog by children or other persons not authorized by the Owner to have access.
- c) A securely enclosed, locked pen or other structure as described in s.11.b.iii shall at a minimum:
- i) Have a secure bottom permanently attached to its sides, or
- il) Be constructed with its sides embedded into the ground to a minimum depth of thirty (30) centimeters.
- d) When a Dangerous Dog is off the premises of the Owner, it shall at all times, wear a secure Muzzle and be constrained by a harness or collar connected to a leash and securely under the control of a person sixteen (16) years of age or older, so as to prevent it from attacking, harassing or biting any person or Animal.
- e) Subsection c) shall not apply while the Dangerous Dog is participating in a Dog show.
12. a) Where a Peace Officer determines, on reasonable grounds or through personal observation or on the basis of facts determined after an investigation, that a Dog has
- b) Where a Peace Officer has deemed a Dog to be Dangerous, pursuant to s.12.a), the Peace Officer shall provide the Owner with a written notice of the Peace Officer's decision, setting out:
2. ii) The mandatory obligations for control and restraint of a Dangerous Dog provided under this Bylaw;
- i) The basis upon which the decision was made;
4. ili) The consequences for failing to comply with the Dangerous Dog provision of the Bylaw; and
5. iv) revising of the right no in thai decisio reviewed Council timeframe for doing so.
- c) Where the Owner of a Dog has received notice of a Peace Officers decision deeming it to be a Dangerous Dog, the Owner may, within twenty (20) days of receipt of the notice, request, in writing, a review of the decision of the Peace Officer.
- d) Where Council receives a written request for a review, pursuant to subsection c) above, Council shall review the decision of the Peace Officer, the written comments of the Owner provided on the request for the review, and may confirm or revoke the decision of the Peace Officer.
## PART 4 - RESPONSIBILITIES OF OWNER
13. a) The Owner of a Dog that is at large is guilty of an offence.
14. a) A female dog in heat shall be confined within residence of its Owner, or at a licensed kennel, during the period of time in which the Dog is in heat.
- b) Notwithstanding subsection a) above, a female Dog in leat, if controlled by a leash, may be allowed outside of it Owner's residence for the sole purpose of permitting th Dog to defecate or urinate on the premises of its Owner.
4. 15.
5. ) Residences or grounds where any Dogs are kept sha at all times be maintained in a clean, sanitary an inoffensive condition, to the satisfaction of a Peace Officer.
6. ) Subsection a) shall not apply to a visually impaire erson guided by a registered guide Do
16. An owner whose Dog barks or howls excessively, thereb nreasuor bly disturbing the quiet or repose of any persor
17. The Owner of a Dog, Cat or Livestock that damages public or private property, is guilty of an offence.
18. The Owner of a Dog, is guilty of an offence if that Dog:
- a) Attacks any person;
- c) Chases a motor vehicle;
- b) Threatens any person;
- d) Chases any person on bicycle, horseback or while walking or running; or
- e) Attacks, harasses, injures or kills an animal belonging to another person.
19. a) No Owner shall permit his or her Dog or Livestock to be on parkland areas.
8. control the Dog.
- c) Subsection a) & b) do not apply:
10. ii) when the Owner is attending a recoanized training or obedience school for training his Dog at a time and place approved by the Village Council.
- i) to Parkland areas designated by Village Council as "off-leash" areas under the authority of section 19 b) of this Bylaw;
12. iii) when the Dog, Livestock or other animal is in a bona fide show at a place and time approved by the Village Council.
- d) Subsection a) shall not apply to a visually impaire erson guided by a registered guide Dog
## PART 5 - OTHER CONTRAVENTIONS
20. a) Unless otherwise permitted by a Peace Officer, r erson shall keep livestock, within the Village boundarie
2. of livestock within a
3. conditions to be wara led in the ciefstan en his or her discretion,
4. under a permit sald pursuan i a love a rea of an offence.
5. 21.
## PART 6 - IMPOUNDMENT AND DISPOSITION
- 22.
23. To assist in the seizure or capture of a Dog or Livestock or other animals running at large or loose a Peace Officer Run lie he rap may utilize live traps. Said traps shall be used in
24. a) A Dog or Livestock or other animal impounded under
3. appropriate license specified in Schedule "A", when a Dog found at large is not currently in possession of a license issued pursuant to this Bylaw.
4. ii) The boarding fee specified in Schedule "A"; and
5. iii) Any associated medical costs that may have been required, and
6. iv) The transportation fee specified in Schedule "A"; and
- v) Pay the appropriate penalties specified in Schedule B.
- b) At the expiration of the three (3) day period, any animal not claimed shall become the property of the Village and may be humanely euthanized or adopted to a person other than the Owner.
9. ) Any person who adopts said Dog or other animal sha btain full riohts and title of said Doo or animal and th right and the title of the former owner shall cease forthwith.
- d) A Peace Officer, or operator or employee of a Village during the process of capture.
11. If, in the opinion of a licensed veterinarian, an animal impounded, pursuant to this Bylaw, because of injuries sustained or its medical health should be euthanized for humane reasons, a Peace Officer may authorize that veterinarian to euthanize the animal.
## PART 7 - DISEASE CONTROL
26. The Owner of any animal that the Owner has reason t suspect may have been exposed to a communicable disease shall, in addition to any other duty imposed under he Provincial Health Act, R.S.A. 2000 c.P-7, and th egulation thereunder, as amended or repealed an replaced from time to time, immediately inform a Peace Officer:
- a) Of the suspicion of exposure to a communicable disease;
- b) Of the name and contact information for any person or the Owner of any animal that may have received a bite from the animal suspected of exposure to a communicable
- c) Whether the matter has been reported to the local community health centre, Public Health Inspector or the Medical Officer of Health.
27. A Peace Officer that has reasonable grounds to believe that an animal found at large, has been exposed to a communicable disease affecting animals, may confine that animal to the Village Animal Shelter, a veterinary clinic, or any other location as directed by the Medical Officer of Health or a Public Health Inspector.
28. A Peace Officer that has reasonable grounds to believe that an animal within the Village has, or has been exposed to, a communicable disease affecting animals will report the matter to the Medical Officer of Health or a Public Health Inspector as soon as reasonably possible.
29. Except as herein provided, no person shall kill, or cause to be killed, any animal, suspected of being exposed to a communicable disease or any animal which has bitten a nutat were permise from from Medical ofe er t tealth or Public Health Inspector
30. The carcass of any dead animal exposed to a communicable disease shall be surrendere to the Medical Officer of Health or Public Health Inspector
## PART 8 - PENALTIES AND ENFORCEMENT
32. It is the intention of the Village Council that each separate shall remain valid and
33. as reason to believe has son ravened any presid
- b) A Violation Tag, may be issued to such persons:
4. in By mailing a copy to the person at his or her last known post office address; or
5. Personally
6. ili) In respect to a partnership or corporation, by mailing or delivering the Violation Tag to either the registered office or the business office of the partnership or corporation.
- c) A Violation Tag, issued, pursuant to this Bylaw, shall be in a form approved bye the Municipal Administrator and shall state:
8. The name of the Owner;
9. The section number of the Bylaw provision breached and a brief description of the
10. iii) The appropriate specified penalty for the offence as set out at Schedule "B" of this
11. iv) That the penalty for the offence is required to be paid within 30 days of the issuance of the Violation Tag; and
- v) Ay thier infan ation as ar to regina
- d) Where a Violation Tag is issued pursuant to this Bylaw, the person to whom the Violation Tag is issued may, in lieu of being prosecuted for the offence, pay to the Village Office, the penalty specified on the Violation Tag
- e) Where a Violation Tag has been issued and the specified penalty not paid within the specified time, The Peace Officer is authorized to issue a Violation Ticket pursuant to part 2 of the Provincial Offences Procedure Act, to any person that the Peace Officer has reasonable grounds to believe has contravened a provision of this
- f) A person to whom a Violation Ticket is issued pursuant to this Bylaw may, in accordance with the provisions of the Provincial Offences Procedure Act, elect to plead guilty and make a voluntary payment of the specified penalty indicated on the Violation Ticket, on or before the initial appearance date indicated on the Violation Ticket.
5. Officer is authorized and empowered to immediately issue a Violation Ticket pursuant to Part 2 of the Provincial
## PART 9 - EFFECTIVE DATE AND REPEAL
- Village of Warburg Bylaw 354/92, Bylaw 276/80 anc Bylaw 281/07 are hereby repealed upon the third an Final reading of this Bylaw.
36. This Bylaw shall come into force upon the third and final
Read a first time this 22nd day of February, A.D. 2010.
Read a second time this 22nd day of February, A.D. 2010.
Read a third time and finally and unanimously passed this 22nd day of February, A.D. 2010.
VILLAGE OF WARBURG
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may metke
Deputy Mayor May Metke
Chis:
Christine Pankewitz Municipal Administrator
## FEES
Section 4
Dog License (Unaltered)
Dog License (Spayed/Neutered)
Approved Kennel (up to 10 tags)
Section 7d) Replacement Tags
Section 31 a) ii)
Boarding Fees
Section 31 a) iii)
Medical Fees
Section 31 a) iv)
Transportation or animal fee
$ 50.00
$ 20.00
$100.00
$10.00
Costs determined by operator o Boarding facility used
Associated medical costs that may Have been required.
$ 85.00/trip
## Village of Warburg Bylaw 99/10
## SCHEDULE "A"
## SPECIFIED PENALTIES
PART 2 - LICENSING
| Section 3 | Fail to obtain valid Dog license | Fail to obtain valid Dog license | $100.00 |
|------------------------------------|---------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------|-----------|
| Section 7 | Fail to ensure license tag is worn by Dog | Fail to ensure license tag is worn by Dog | $100.00 |
| Section 9 | Keep more than the maximum number of animals allowed | Keep more than the maximum number of animals allowed | $200.00 |
| PART 3 - DANGEROUS DOGS | PART 3 - DANGEROUS DOGS | PART 3 - DANGEROUS DOGS | |
| | Section 11 a) Dangerous Dog bite/chase/attack person or animal | Section 11 a) Dangerous Dog bite/chase/attack person or animal | $500.00 |
| | Section 11 b) Fail to confine Dangerous Dog when on the Owner's premises i) Indoors | Section 11 b) Fail to confine Dangerous Dog when on the Owner's premises i) Indoors | $300.00 |
| | il) By leash and controlled by person of 16 years old | il) By leash and controlled by person of 16 years old | $300.00 |
| | iii) Securely enclosed locked pen or structure | iii) Securely enclosed locked pen or structure | $300.00 |
| | Section 11 d) Fail to muzzle or otherwise secure Dangerous Dog when off the premises of the Owner | Section 11 d) Fail to muzzle or otherwise secure Dangerous Dog when off the premises of the Owner | $300.00 |
| PART 4 - RESPONSIBILITIES OF OWNER | PART 4 - RESPONSIBILITIES OF OWNER | PART 4 - RESPONSIBILITIES OF OWNER | |
| | Section 13 a) Allow Dog or other animal to run at large | Section 13 a) Allow Dog or other animal to run at large | $100.00 |
| | Section 14 a) Fail to confine female dog in heat | Section 14 a) Fail to confine female dog in heat | $100.00 |
| | Section 15 a) Fail to immediately remove Dog defecation from public or private property | Section 15 a) Fail to immediately remove Dog defecation from public or private property | $100.00 |
| | Section 15 b) Fail to keep residence/grounds clean/sanitary/inoffensive | Section 15 b) Fail to keep residence/grounds clean/sanitary/inoffensive | $100.00 |
| Section 16 | Allow Dog to bark/howl excessively or otherwise disturb quiet | Allow Dog to bark/howl excessively or otherwise disturb quiet | $100.00 |
| Section 17 | Allow Dog/Livestock or other animal to damage public or private property | Allow Dog/Livestock or other animal to damage public or private property | $100.00 |
| Section 18 | Allow Dog/Livestock/other animal to | chase/bite/attack | $100.00 |
| Section 18 | | threaten person | $100.00 |
| Section 18 | | chase motor vehicle | $100.00 |
| | | chase person/bicycle/horse/person walking or running | $100.00 |
| | Section 19 a) Permit Dog to be on parkland | Section 19 a) Permit Dog to be on parkland | $100.00 |
| PART 5 - OTHER CONTRAVENTIONS | PART 5 - OTHER CONTRAVENTIONS | PART 5 - OTHER CONTRAVENTIONS | |
| | Section 20 a) Have Livestock in Village boundaries | Section 20 a) Have Livestock in Village boundaries | $100.00 |
| | Section 20d) Fail to comply with conditions permit | Section 20d) Fail to comply with conditions permit | $100.00 |
| Section 21 | Release Dog/Livestock from confined area, allowing to run loose | Release Dog/Livestock from confined area, allowing to run loose | $100.00 |
* Second and subsequent offences occurring within six (6) months of the first offence shall be liable to double the specified penalty amount listed.
## Village of Warburg Bylaw 99/10
## SCHEDULE "B"