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Village of Warburg
Bylaw # 168/20
A BYLAW of the Village of Warburg,
in the Province of
Alberta, to license and control cats within the Village of
Warburg.
WHEREAS, the Council deems
it necessary to regulate the
running at large of cats, to provide for the licensing of cats within
the Village;
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 THEREFORE, the Council of the Village of Warburg in the
Province of Alberta duly assembled, hereby enacts as follows:
PART 1 --TITLE AND DEFINITIONS
1.
This Bylaw may be cited as the "Cat Bylaw"
2.
In this Bylaw, unless the context otherwise requires:
"Animal" means, any member of the kingdom Animalia
other than a human being.
"At Large" means an animal that is located at any place
other than the premises of its owner, is not being carried
by any person, or is not otherwise restrained by a person
controlling the animal by means of a securely fastened
leash.
"Cat" means, either a male or female of the cat family.
"Microchip"
means
an
encoded,
electronic
devise
implanted 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.
"Owner" means:
1.
A
Person
who
has
the
care,
charge,
custody,
Possession
or
control
of
an
Animal;
i1.
A Person who owns or claims a proprietary
interest in an Animal;
it
A Person who harbours, suffers or permits
an Animal to be present on any property
owned or under that Person's control;
iv.
A
Person who
claims
and
receives
an
Animal
from
the custody
of the
Village
Animal Shelter or a Peace Officer; or
v.
The Person to whom a license has been
issued under Part 2 of this Bylaw.
"Parkland" means
all recreational land areas owned or
controlled
by
the
Village,
within
the
jurisdictional
boundaries of the Village, whether improved in whole or in
part, or remaining in a natural state, and included all areas
administered
by
the
Village's
parks
and
facilities
department,
including
buildings or other improvements
situated on those Lands.
3.
Village of Warburg
By--law 168/20
Page 2
"Person" includes a partnership or corporation.
"Possession" means:
f.
Exercising physical or effective control of
an Animal;
i1.
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;
1.
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.
"Peace
Officer'
means
a
Bylaw
Enforcement
Officer
appointed by the Village, Special Constable or a member
of the RCMP.
"Residential District" means, designated residential district
as per the Village of Warburg's Land Use Bylaw.
"Village" means, the Village of Warburg.
"Village Animal Shelter" means, the premises designated
by the Village for the purpose of impounding and caring for
Cats, 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
No person shall own, keep or harbour any Cat within the
Village limits unless such Cat is licensed.
Every Person residing within the jurisdiction of the Village
who is the owner of a Cat over the age of six months shall
obtain, on an annual basis, a license for that Cat as
determined by Council from time to time, and set out in
Schedule "A".
Every person who:
i.
Becomes the Owner of a Cat over the age of six
months, whether that Cat was previously licensed
under this Bylaw; or
i1.
Takes up residence within the Village and is the
Owner of a Cat which is over the age of three
months.
Shall within one (1) month of becoming the owner of the
Cat or taking up residence within the Village, license the
Cat in accordance with this Bylaw.
Licenses issued under this Bylaw shall not be transferable
from one Cat to another or from one Owner to another.
10.
11.
12.
13.
14.
15.
16.
Village of Warburg
By--law 168/20
Page 3
The Owner shall ensure that the license tag is securely
fastened to a collar or harness that must be worn by the
Cat at all times when it is off the premises of the Owner.
Cat Owners shall provide the Village with the following
information with each application for a Cat license:
a)
Name, street address and phone number of
the Owner;
b) Name
and
description
of the
Cat
to
be
licensed;
c)
Proof of spaying/neutering if applicable, and
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.
No more than two (2) Cats shall be harboured, suffered or
permitted to remain upon or in any land, house, shelter,
room or place, building structure or premises within the
village unless:
a)
The premises are lawfully used for the care
and treatment of Animals;,
Notwithstanding s.9, a person may harbour more than two
(2) Cats, where those Cats in excess of the maximum are
under six (86) months of age, and are the progeny of a
licensed Cat resident in the same premises.
Notwithstanding s.9, a person may harbor more than two
(2) cats where the cats were in residence prior to the date
of this Bylaw. All cats are to be licensed.
PART 3 -- RESPONSIBILITIES OF OWNER
a) The Owner of a Cat that is at large is guilty of an
offence.
b) A Cat is not at large when located within the confines of
a marked Village off--leash area and accompanied by its
Owner.
a) A female cat
in
heat
shall be confined within the
residence of its Owner, or at a licensed kennel, during the
period of time in which the Cat is in heat.
b} Notwithstanding subsection a) above, a female Cat in
heat, if controlled by a leash, may be allowed outside of its
Owner's residence for the sole purpose of permitting the
Cat to defecate or urinate on the premises of its Owner.
a)
If a Cat defecates on any public or private property
other than the property of its Owner, the Owner shall
cause such feces to be removed immediately.
b) Residences or grounds where any Cats are kept shall
at
all
times be
maintained
in
a
clean,
sanitary and
inoffensive condition, to the satisfaction of a Peace Officer.
An
owner
whose
Cat
howls
excessively,
thereby
unreasonably disturbing the quiet or repose of any person,
is guilty of an offence.
The Owner of a Cat that damages
public or private
property, is guilty of an offence.
17.
Village of Warburg
By--law 168/20
Page 4
a) No Owner shall permit his or her Cat to be on parkland
areas.
b) Subsection a) does not apply to surfaced walkways
within
the
Village
parkland,
provided
that the Cat
is
leashed or harnessed and in control of a person able to
control the Cat.
PART 4 -- OTHER CONTRAVENTIONS
18.
19.
No person shall negligently or willfully open any gate, door
or other opening in a fence, enclosure or otherwise
release a Cat, thereby allowing said Cat to run loose in
the Village.
No person shall harbour and/or feed feral cats.
PART 5 -- PENALTIES AND ENFORCEMENT
20.
21.
22.
Any person who violates a provision of this Bylaw is guilty
of an offence, and liable, on summary conviction, to the
specified penalties set out at Schedule "B" of this Bylaw.
It is the intention of the Village Council that each separate
provision of this Bylaw shall be deemed independent of all
other provisions, and
it
is further the
intention
of the
Village Council that
if any provisions of this Bylaw be
declared invalid, all other provisions shall remain valid and
enforceable.
a) A Peace Officer is hereby authorized and empowered
to issue a Violation Tag, pursuant to s.7 of the Municipal
Government Act, to any person whom the Peace Officer
has reason to believe has contravened any provision of
this Bylaw.
b) A Violation Tag, may be issued to such persons:
i)
Personally
i)
By mailing a copy to the person at his or
her last known post office address; or
iif}
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 Viclation Tag, issued, pursuant to this Bylaw, shall be
in a form approved by the Municipal Administrator and
shall state:
i)
The name of the Owner;
i1)
The section number of the Bylaw provision
breached and a
brief description
of the
offence;
i11)
The appropriate specified penalty for the
offence as set out at Schedule "B" of this
Bylaw;
iv)
That the penalty for the offence is required
to be paid within 30 days of the issuance of
the Violation Tag; and
v)
Any other information as may be required
by the Municipal Administrator from time to
time.
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.
Village of Warburg
By--law 168/20
Page 5
e) Where
a
Violation Tag
has been
issued and
the
specified penalty is 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
Bylaw.
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.
g) Notwithstanding section 21 e) of this Bylaw, a Peace
Officer is authorized and empowered to immediately issue
a Violation Ticket 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, to any person
whom
the
Peace
Officer
has
reasonable
grounds
to
believe has contravened any
provision
of this
Bylaw,
regardless of whether a Violation Tag has
first been
issued.
PART 6 -- EFFECTIVE DATE
23.
This Bylaw shall come into force upon the third and final
reading.
Read a first time this
10
day of _February__,
A.D. 2020
.
Read a second time this
__10
day of_February_,
A.D. 2020
.
VILLAGE OF WARBURG
_"hfii:yor Kevin Maine
Municipal Administrator
Read a third time and finally and passed this _92_ of March
_,
A.D.
2020
_.
VILLAGE OF WARBURG
fi;yor Kevin Maine
Nicole %apati
2
Administrative Assistant
Village of Warburg
Bylaw 168/20
SsCHEDULE "A"
FEES
|
Section 4
Cat License (Unaltered)
$ 50.00
Cat License (Spayed/Neutered)
$ 20.00
(Senior citizens 65 years and older will received a discount of 50% on licensing
fees.)
Seq'fion 7
Replacement Tags
$ 10.00
Village of Warburg
Bylaw 168/20
SCHEDULE "B"
SPECIFIED PENALTIES
PART 2 -- LICENSING
SeI tion 3
Fail to obtain valid Cat license
$100.00
SeFlttion 7
Fail to ensure license tag is worn by Cat
$100.00
Se;ition 9
Keep more than the maximum number of animals allowed
$200.00
P ?T 3 -- RESPONSIBILITIES OF OWNER
Sefition 12 a) Allow Cat to run at large
$100.00
Sefition 13 a)
Fail to confine female Cat in heat
$100.00
SeFution 14 a)
Fail t_o immediately remove Cat defecation from public
|
or private property
$100.00
Sellqition 14 b)
Fail to keep residence/grounds clean/sanitary/inoffensive
$100,.00
Sedtion 15
Allow Cat to howl excessively or otherwise disturb quiet
$100.00
Seption 16
Allow Cat to damage public or private property
$100.00
Se
l ion 17 a)
Permit Cat to be on parkland
$100.00
PA:lRT 4 -- OTHER CONTRAVENTIONS
Se ; fion 18
Release Cat from confined area, allowing to
|
run loose
$100.00
Seqltion 19
Harbouring and/or feeding feral cats
$200.00
* SLcond and subsequent offences occurring within six (6) months of the first offence
sh#ll be liable to double the specified penalty amount listed.