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BYLAW 2152
Animal Control Bylaw Hamlet of Cadogan
A Bylaw of the M.D. of Provost, in the Province of Alberta, to provide for the regulating, controlling and confinement of animals in the Hamlet of Cadogan.
WHEREAS, pursuant to the provisions of the Municipal Government Act, 1994, Chapter M26.1, R.S.A., a Municipal Council may pass bylaws regarding domestic animals and activities in relation to them.
NOW THEREFORE, the Council of the M.D. of Provost, in the Province of Alberta, duly assembled, under the authority and pursuant to the provisions of the Municipal Government Act, does hereby enact:
1. TITLE
1.1 This Bylaw shall be known as the "Animal Control Bylaw".
2. DEFINITIONS
2.1 "Dog" means either the male or female of any domesticated canine species.
2.2 "Animal(s)" defined shall include, but not limited to all domesticated or wild animals, fowl or reptiles.
2.3 "Animal Control Officer" means the person appointed by the M.D. to carry out the provisions under this Bylaw and includes a member of the Royal Canadian Mounted Police, Municipal Employees and, when authorized, a Special Constable.
2.4 "Muzzle" means any humane device which prevents a dog from biting or otherwise injuring with its mouth any person, animal or property.
2.5 "Owner" means:
- 2.5.1 a person who has the care, charge, custody, possession or control of an animal;
2.5.2 a person who owns or who claims any proprietary interest in an animal;
2.5.3 a person who harbors or permits an animal to be present on any property owned or under his control;
2.5.4 a person who claims and receives an animal from the custody of the Pound;
For the purpose of this Bylaw an animal may have more than one (1) owner.
2.6 "Permitted Leash" means a leash adequate to control the dog to which it is attached.
2.7 "Possession" means:
- 2.7.1 having physical or effective control of a dog.
2.7.2 having given physical or effective control of a dog to another person for the purpose of controlling the dog for a period of time.
2.7.3 where one of two or more persons has physical or effective control of a dog, it shall be deemed to be in control of each and all of them.
2.8 "Property of the Owner" means any real property that is owned by the owner or that the owner has been given permission to use by the legal owner or person in legal control of the property.
2.9 "Restricted Dog" means any dog included in "Schedule C" of this Bylaw.
2.10 "Running at Large" means:
- 2.10.1 a dog that is off the property of its owner or property of the person in possession of the dog, and
2.10.2 is not on a leash, and
2.10.3 is not under the immediate, continuous and effective control of its owner or person in possession of the dog.
2.11 "Secure Enclosure" means a building, cage or fenced area of such construction that will not allow the confined dog or dogs to escape from that enclosure or allow unauthorized access from the outside.
2.12 "Hamlet" means the Hamlet of Cadogan.
2.13 "Pound" means a premises designated by the M.D. for the impoundment and care of dogs.
2.14 "Vicious Dog" means:
- 2.14.1 any dog with a known propensity, tendency or disposition to attack, without provocation, any person or animal;
2.14.2 any dog which has been deemed to be dangerous by a Justice, under the provisions of the Dangerous Dog Act, R.S.A. 1980 and amendments thereto;
2.15 "Violation Tag" means a ticket as defined in the Provincial Offenses Procedure Act (R.S.A. 1988, Chapter 21.5) and amendments thereto.
3. DOG CONTROL PROVISIONS
3.1 An owner of a dog is guilty of an offense if their dog:
- 3.1.1 Is Running at Large;
3.1.2 Barks or howls so as to disturb the quiet or repose of any person;
3.1.3 Has damaged any public property or private property not belonging to the Owner within the corporate limits of the Hamlet;
3.1.4 Attacks or bites any person;
3.1.5 Threatens or harasses any person;
3.1.6 Chases any person who is on foot or bicycle; or
3.1.7 Attacks, harasses, injures or kills any animal belonging to any person while the dog is not on the property of the Owner.
3.2 Subject to Section 3.4 and 4.1 no person shall own more than two (2) dogs over the age of six (6) months which are located on any property within the corporate limits of the Hamlet.
3.3 Notwithstanding any provision to the contrary in this Bylaw, no more than two (2) dogs over the age of six (6) months shall be ordinarily resident in a household within the corporate limits of the Hamlet.
3.4 An Owner who owns more than two (2) dogs over the age of six (6) months, is guilty of an offense.
3.5 Sections 3.2, 3.3 and 3.4 shall not apply to:
- 3.5.1 Premises used for the care and treatment of dogs, operated by, or under the supervision of a licenses Veterinarian;
3.5.2 Any premises which may be used for the purpose of a Dog Show;
3.5.3 The owner or operator of a pet store or a boarding or grooming business.
3.6 A person is guilty of an offense if he/she:
- 3.6.1 Abuses or injures any dog;
3.6.2 Teases, torments or annoys any dog;
3.6.3 Kills a dog of which he/she is not the Owner except in the case of an Animal Control Officer acting pursuant to Section 5.4, a licensed Veterinarian or anyone killing a dog under the direction of a Veterinarian;
3.6.4 Without the permission of the Owner, unties, loosens or otherwise frees a dog which is not in distress; or
3.6.5 Interferes with, hinders or impedes an Animal Control Officer in the performance of any duty authorized by this Bylaw.
3.7 An Owner who fails to ensure that any defecation by his/her dog is immediately removed and disposed of in a sanitary manner while that dog is not on the property of the Owner, is guilty of an offense.
4. VICIOUS OR RESTRICTED DOGS
4.1 Any person who is the Owner of more than two (2) Vicious or Restricted Dogs over the age of six (6) months within the corporate limits of the Hamlet is guilty of an offense.
4.2 An Owner of a vicious or restricted dog shall, at all times when such dog is on the property of the Owner, post each entrance to
that property with a clearly visible warning sign which warns that a vicious or restricted dog is on the property.
4.3 An Owner who fails to post warning signs as required in Section 4.2 is guilty of an offense.
4.4 An Owner of a Vicious or Restricted Dog is guilty of an offense:
- 4.4.1 If his/her dog is not at all times while on the property of the Owner confined within a Secure Enclosure, unless such dog is on a Permitted Leash held and controlled by the Owner; or
4.4.2 If his/her dog is not, at all times while on property which is not the property of the Owner, confined in a Secure Enclosure, unless such Vicious or Restricted Dog is wearing a Muzzle and is on a Permitted Leash held and controlled by the Owner.
4.5 An owner shall not be required to have a Restricted Dog wearing a Muzzle and on a Permitted Leash while that Restricted Dog is being shown or displayed at a bona fide dog show.
4.6 If an Animal Control Officer reasonably believes that a dog is a vicious dog, the Animal Control Officer shall in writing inform the Owner of that dog that;
- 4.6.1 The dog has been determined to be a vicious dog; and
4.6.2 The dog must be kept in accordance with the vicious dog provisions of the Bylaw.
4.7 In addition to the remedies set forth in this Bylaw, if the Animal Control Officer determines that a Vicious or Restricted Dog is not being kept in accordance with the provisions of the Bylaw, he may file a complaint pursuant to the Dangerous Dog Act for an order directing the dog be controlled or destroyed.
5. POWERS OF AN ANIMAL CONTROL OFFICER
5.1 Except as otherwise provided herein, an Animal Control Officer or any person acting under the authority of an Animal Control Officer is hereby empowered to carry out the duties described herein and to enforce the provisions of this Bylaw.
5.2 An Animal Control Officer or a person acting under the authority of an Animal Control Officer is authorized to capture and impound in the Pound any animal that is in contravention of this Bylaw.
CAPTURE AND IMPOUNDMENT
- The Animal Control Officer or any person may capture and impound any animal running at large contrary to any provision of this Bylaw.
- When necessary, the Animal Control Officer or any person, may, in attempting to capture an animal found to be incontravention of this Bylaw, employ the use of bait or any device or other suitable means to apprehend the animal, provided that:
- it is not prohibited by law, and
- it is employed with due respect for humaneness to the animal.
- Where an animal is on any private property or premises without the permission of the Owner or Occupant, the Animal Control Officer or any person enforcing this Bylaw, may, with the permission of the Owner or Occupant, enter such property or premises to apprehend the animal.
5.3 An impounded animal may be kept in the Pound for a period of seventy-two (72) hours. Days that the Pound is closed shall not be included in the computation of the seventy-two (72) hours period. During this period, any animal may be redeemed by its Owner, upon payment to the M.D. or its authorized agent of:
- 5.3.1 The impoundment fee and boarding fee as set out in "Schedule B" of this Bylaw;
5.3.2 The cost of any veterinary treatment of an animal incurred during impoundment.
5.3.3 The penalty referred to in Schedule "A".
5.4 Upon having been impounded in the Pound for a period of seventy-two (72) hours, the animal shall become property of the M.D. and the Animal Control Officer is authorized to:
- 5.4.1 Offer the animal for sale;
5.4.2 Have the animal destroyed in a humane manner;
5.4.3 Allow the animal to be redeemed by its Owner in accordance with the provisions of Section 5.3 herein; or
5.4.4 Continue to impound the animal for an indefinite period of time.
5.5 Any animal found at large falls within the jurisdiction of this bylaw.
5.6 Animals deemed to be a nuisance, whose owners fail to restrain, correct or control an offending animal or animals without known owners who are deemed to be a nuisance are liable to capture and impoundment.
- 5.6.1 Capture by means of a "live trap" may be allowed either by a resident of the hamlet or a designate of the M.D. of Provost who will check the trap at regular intervals and notify the M.D. of Provost or its designate when an animal has been captured as per Section 5 the disposition of which Section 5.3 and 5.4 shall go into effect.
6. PENALTY PROVISIONS
6.1 Any person who contravenes any provision of this Bylaw is guilty of an offense and is liable to a fine of not more than Two Thousand, Five Hundred Dollars ($2,500.00) and not less than a fine of Fifty Dollars ($50.00).
7. ENFORCEMENT
7.1 An Animal Control Officer is hereby authorized and empowered to issue a Violation Tag to any person who the Animal Control Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw.
7.2 A Violation Tag may be issued to such person;
- 7.2.1 Either personally; or
7.2.2 By mailing a copy to such person at their last known address; or
7.2.3 Upon retrieval of such person's dog from the Pound.
7.3 The Violation Tag shall state:
- 7.3.1 The name and address of the offender if ascertainable;
7.3.2 The offense;
7.3.3 The appropriate penalty of the offense as specified in "Schedule A" of this Bylaw;
7.3.4 That the penalty shall be paid within fourteen (14) days of the issuance of the Violation Tag.
7.4 Where a contravention of this Bylaw is of a continuing nature, further Violation Tags may be issued by the Animal Control Officer, provided however, that no more than one Violation Tag shall be issued for each day that the contravention continues.
7.5 If the penalty specified on a Violation Tag is not paid within the prescribed time period, then an Animal Control Officer is hereby authorized to issue a Violation Ticket in accordance with the provisions of Part II of the Provincial Offenses Procedure Act (R.S.A. 1988, Chapter 21.5) and amendments thereto.
8. REPEAL
8.1 The Bylaw shall repeal Bylaw No. 1998 and amendments thereto upon this Bylaw coming into force.
Read a first time this 13th day of May, A.D., 2004.
Read a second time this 13th day of May, A.D., 2004.
Read a third time and finally passed by Council this 13th day of May, A.D., 2004.
"SCHEDULE A"
PENALTIES
1. First Offense 50.00
2. Second or subsequent offense within
a twelve month period 100.00
VICIOUS OR RESTRICTED DOG
1. First Offense 500.00
2. Second or subsequent offense within
a twelve month period 1000.00
"SCHEDULE B"
FEES
1. Impoundment Fee As per rate
established
2. Boarding Fee by Pound
"SCHEDULE C"
RESTRICTED DOGS
1. Pit Bull Terrier
2. American Pit Bull Terrier
3. Pit Bull
4. Rottweiler
5. Doberman
or any dog of mixed breeding, which can be identified through its physical characteristics as a dog partially of the above mentioned breeds or kinds by a veterinarian licensed to practice in Alberta.
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