TOWN OF
BYLAW No. 2006-09
A BYLAW OF THE TOWN OF CALMAR, IN THE PROVINCE OF ALBERTA, TO LICENCE AND CONTROL DOGS, CATS AND OTHER ANIMALS WITHIN THE TOWN OF CALMAR
WHEREAS, the Council deems it
necessary to regulate the running at large of dogs and cats, to provide for the
licensing of dogs and cats, to provide for the confinements of certain animals
within the Town, and to regulate and control other animals;
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 Town of
1. This Bylaw may be cited as
the “Animal Control Bylaw”
2. In this Bylaw, unless the
context otherwise requires:
(a) "Animal" means,
all species of fauna excluding humans.
(b) “At Large” means, off the
premises of the owner or harbourer and not on a leash held by a person able to
control the animal.
(c) “Cat” means, any male or
female of the feline family.
(d) “Cattery” means, an approved
and licensed establishment for the purposes of breeding and/or boarding of
cats.
(e) “Communicable Disease”
means, a disease that affects animals and may be transmitted to human beings.
(f) "Dangerous Dog"
means, any dog that a peace officer determines on reasonable grounds to be a
dangerous dog, either through personal observation or on the basis of facts
determined after an investigation initiated by a complaint.
(g) “Dog” means, either a male
or female of the canine family.
(h) “Kennel” means, an approved
and licensed establishment for the purposes of breeding and/or boarding of
dogs.
(i) “Livestock” means, such
animal that has been domesticated for agricultural use or pets including but
not limited to; horse, head of cattle, chicken, sheep, swine, goat, mule or
ass, but does not include dogs or cats.
(j) "Microchip" means,
an encoded electronic device implanted in an animal by or under the supervision
of a licensed veterinarian, which contains a unique code number that provided
owner information and is stored in a central database.
(k) "Muzzle" means, a
humane fastening or covering device of adequate strength over the mouth of an
animal to prevent it from biting.
(l) “Owner” means, any person,
partnership, association or corporation owning, possessing or having charge of
or control over any animal; or harbouring any animal; or suffering or
permitting any animal to remain about the Owner’s house or premises.
(m) “
(n) “Peace Officer” means, a
bylaw officer, animal control officer or special constable for the Town or a
police officer as defined under the Police Act.
(o) “Residential District”
means, designated residential district as per Calmar Land Use Bylaw.
(p) “Town” means, the Town of
(q) “Town Animal Shelter” means,
the premises designated by the Town for the purpose of impounding and caring
for dogs, cats and other animals regulated under this bylaw.
(r) “Violation Ticket” means, as
defined under the Provincial Offences Procedure Act.
(s) "Violation Tag” means,
a Municipal violation notice or tag, allowing for a voluntary payment of a
specified penalty to be paid out of court to the Town in lieu of appearing in
answer to a summons.
3. No person shall own, keep or harbour any dog or cat within the Town limits unless such dog or cat is licensed.
4. The owner of every dog or
cat over the age of six (6) months in the Town shall, obtain a license and pay
a license fee set out in schedule “A”, for the current year of issue as
determined from time to time by the Town Council.
5. Every person who becomes the owner of a dog or
cat over the age of six (6) months or takes up residence within the Town and
who is the owner of the dog or cat which over the age of six (6) months and
which is not currently licensed in accordance with this bylaw, shall license
the same and pay the license fee, within one (1) month after becoming owner of
the said dog or cat; or taking up residence within the Town.
6. Licenses issued under this
bylaw shall not be transferable from one dog or cat to another or from one
owner to another.
7. (a) Upon payment of
the required license fee, the owner will be supplied with a license
tag stamped with a number and the year the license was obtained.
(b)
A license tag shall be valid for the life of the dog or cat, until the
dog or cat no longer resides in Town.
(c)
If said license tag is not associated with current ownership and animal
information, it shall be deemed invalid.
(d)
If said license tag is lost, a replacement tag can be purchased by
owner upon received payment of the fee set out in schedule “A”.
8. Every owner shall ensure
that the license tag is securely fastened to a collar or harness that must be
worn by the dog or cat at all times when it is off the premises of the owner.
9. Dog and cat owners shall
provide the Town with the following information with each application for a dog
or cat license:
(a) Name and street address and
phone number of owner, and
(b) Name and description of dog
or cat to be licensed, and
(c) Proof of spaying/neutering
if applicable, and
(d) Such other information as
required with respect to the application.
10.
No person shall keep or harbor more than a maximum of three (3) dogs
and a maximum of three (3) cats of whatever sex, whether licensed or not and
aged six (6) months or more, at one and the same time, in any house, shelter,
room, property or place within the Town.
11. Section
10 shall not apply to:
(a) a premises lawfully used for
the care and treatment of dogs or cats operated by and in charge of a licensed
veterinarian, or
(b) any premises that may be
temporarily used for the purpose of a dog or cat show, or
(c) when an organization is
offering a recognized training or obedience class for training dogs or cats, or
(d) any person in possession of
a valid business license to operate a “Pet Store” , “ Animal Grooming Parlor”,
“Kennel” or “Cattery”, as long as said person adheres to said Business license
conditions.
12.
(a) No person shall operate
a kennel or cattery in any residential district in the Town.
PART III –
DANGEROUS DOGS
13. (a) The owner of a Dangerous Dog shall take all necessary steps to ensure that it does not bite, chase or attack any human or other animal whether the animal is on the property of the owner or not.
(b) If a Dangerous Dog bites chases or attacks a person or animal, the owner shall be guilty of an offence and be liable to a fine under this bylaw, exclusive of any other civil actions or penalties.
14. (a) When a dog that has been declared a Dangerous Dog is on the premises of its owner, it shall be kept confined indoors under effective control of a person over the age of sixteen (16) years, or confined in 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 the entry of persons unauthorized by the owner.
(b) Any such pen shall have a secure top and sides and either:
(i) have a secure bottom effectively attached to the sides; or
(ii) the sides shall be embedded in the ground to minimum of thirty (30) centimeters.
(c) When a Dangerous Dog is off the premises of the owner, it shall be securely muzzled, and shall be either harnessed or leashed securely to effectively prevent it from attacking or biting a human or other animal; provided that this requirement shall not apply when the Dangerous Dog is in a building or enclosure in attendance at a bona fide dog show, or confined in a pen meeting the requirements of subsections (a) and (b).
15. (a) The owner of a dog, which the owner knows or ought to know is a Dangerous Dog, shall keep the Dangerous Dog in accordance with the provisions of section 14.
(b) If a Peace Officer determines on reasonable grounds that a dog is a Dangerous Dog, either through personal observation or on the basis of facts determined after an investigation initiated by a complaint, he may:
(i) give the owner a written notice that the dog has been determined to be a Dangerous Dog.; and
(ii) require the owner to keep such dog in accordance with the provisions of section 14 of this Bylaw upon the owner’s receipt of the notice; and
(iii) inform the owner that if the Dangerous Dog is not kept in accordance with section 14 of this Bylaw, the owner will be fined, or subject to enforcement action under this bylaw.
(c) Where the owner of a dog that has been determined to be a Dangerous Dog produces information to the Town, that may alter a determination made under subsection (b), the Town Manager and the Peace Officer/s involved shall, as soon as is reasonably possible, cause the matter to be reviewed and make a final determination.
16. Provisions in this Bylaw which apply to Dangerous Dogs shall not apply to dogs owned by a Police service solely by reason of any events or actions which occur while the dogs are engaged in police work.
PART IV – RESPONSIBILITIES OF OWNER
17. (a) No owner shall suffer, permit, allow for any reason his or her dog or cat to be at large.
(b) Notwithstanding the provisions of subsection (a), the Town Council may designate, by specific signage, lands where licensed dogs or cats are permitted to be at large, sited as “off-leash” areas.
18. A female dog or cat in heat shall be confined and housed in the residence of the owner, or taken to a licensed kennel during the whole period that the dog or cat is in heat; except that a female dog or cat on a leash may be allowed outside the said residence for the sole purpose of permitting the dog to defecate and/or urinate on the premises of the owner.
19. (a) If a dog or 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 dogs or cats are kept shall at all times be maintained in a clean, sanitary and inoffensive condition, to the satisfaction of a Peace Officer.
(c) A blind owner of a registered guide dog, or a blind person being assisted by a registered guide dog is not subject to the obligations imposed in subsection (a).
20. No owner shall suffer, permit, allow or for any reason have his or her dog to bark or howl excessively or in any other manner disturb the quiet of any person.
21. No owner shall suffer, permit, allow or for any reason have his or her cat to howl excessively or in any other manner disturb the quiet of any person.
22. No owner shall permit his or her dog, cat, or livestock to damage public or private property.
23. No owner shall suffer, permit, allow or for any reason have his or her dog, cat, or livestock without provocation, cause injury by chasing, biting or attacking a person or other animal.
24. (a) No owner shall permit his or her dog, cat, or livestock to be on parkland areas.
(b) Subsection (a) does not apply to surfaced walkways within the Town parkland, provided that the dog or cat is leashed or harnessed and in control of a person able to control the dog or cat.
(c) Subsection (a) and (b) does not apply:
(i)
to
(ii)
when the owner is attending a recognized training or
obedience school for training his dog or cat at a time and place approved by
the
(iii)
when the dog, cat, livestock or other animal is in a
bona fide show at a place and time approved by the
(d) Subsection (a) does not apply to a blind owner of a registered guide dog, or a blind person being assisted by a registered guide dog.
PART V – OTHER CONTRAVENTIONS
25. (a) Unless otherwise permitted by a Peace Officer, no person shall have livestock, in the residential districts within the Town.
(b) A Peace Officer is hereby authorized to issue a permit to a person under subsection (a) and he or she can also impose conditions of that permit, and if such person fails to meet the conditions of the permit they are deemed to have not complied with this section.
26. No person shall negligently or willfully open any gate, door or other opening in a fence, enclosure or otherwise release a dog, cat, livestock, or other animal which has been confined, thereby allowing said dog, cat, livestock or animal to run loose in Town.
27. No person shall tease, torment, annoy or harm any dog, cat, livestock, or animal.
28. No person shall leave an animal unattended in or on a vehicle, without proper protection from the atmospheric elements such as, the sun, snow, rain, wind or other cold or hot temperatures.
29. Every owner shall provide sufficient food, water, medical attention when required and shelter including protection from the atmospheric elements such as, the sun, snow, rain, wind or other cold or hot temperatures for their dog, cat, or livestock.
PART VI – IMPOUNDMENT AND DISPOSITION
30. A Peace Officer may seize and capture any dog or cat found running at large or other animal including livestock found running loose and impound said animal(s) in the Town Animal Shelter.
31. To assist in the seizure or capture of a dog, cat, livestock or other animals running at large or loose a Peace Officer may utilize live traps. Said traps shall be used in a humane manner.
32. (a) A dog, cat, livestock or other animal impounded under section 29 shall be kept in the Town Animal Shelter for a period of at least seventy-two (72) hours. Saturdays, Sundays, statutory holidays and the day of impoundment shall not included in the computation of the seventy-two (72) hour period. During this period, any healthy animal may be redeemed by its owner, or agent of the owner, upon payment of:
(i) The appropriate license fee specified in schedule “A”, when a dog or cat is either found running loose and/or not currently licensed; and
(ii) The boarding fee specified in schedule “A”; and
(iii) Any associated medical costs that may have been required, and
(iv) The Transportation fee specified in schedule “A”.
(b) At the expiration of the seventy-hour (72) hour period, any animal not claimed shall become the property of the Town and may be humanely euthanized or adopted to a person other than the owner.
(c) Any person who adopts said dog, cat or other animal shall obtain full rights and title of said dog, cat or animal and the right and the title of the former owner shall cease forthwith.
33. If in the judgment of a licensed veterinarian, an animal should be humanely euthanized for humane reasons, said animal shall be.
34. No action, either civil or otherwise, shall be taken against any person acting under the authority of this Bylaw for damages for the euthanasia or disposal of any animal.
PART
VII – DISEASE CONTROL
35. In the event of an outbreak, or threatened outbreak a communicable disease affecting animals, which may be transmitted to human beings, Council may by resolution, order and direct that all animals be confined entirely to the owner’s premises.
36. When an animal under quarantine has been diagnosed as rabid or suspected by a licensed veterinarian as being affected by a communicable disease and dies while under observation, a Peace Officer shall immediately send the complete body of such animal to the appropriate health department for pathological examination and shall notify the Medical Officer of Health for the Town of reports of human contact, and the diagnosis made of suspected animal.
37. During such period of a communicable disease quarantine as herein mentioned, every animal bitten by an animal adjudged to be affected by said disease, shall forthwith be humanely euthanized, or at the owner’s expense and option shall be treated for the disease infection by a licensed veterinarian or held under quarantine by the owner in the same manner as other animals are in quarantined.
38. 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 human, nor remove the same from the Town limits without written permission from a Peace Officer.
39. The carcass of any dead animal exposed to a communicable disease shall upon demand, be surrendered to a Peace Officer.
40. A Peace Officer shall direct the disposition of any animal found to be infected with a communicable disease.
PART
VIII – PENALTIES AND ENFORCEMENT
41. Any person violating a provision of this Bylaw is liable to the specified penalty set out in schedule “B”, herein or on summary conviction to a fine not exceeding Two Thousand Dollars ($2000.00) and/or imprisonment for not more than six (6) months.
42. It is the intention of the Town Council that each separate provision of this Bylaw shall be deemed independent of all other provisions, and it is further the intention of the Town Council that if any provisions of this Bylaw be declared invalid, all other provisions shall remain valid and enforceable.
43. A Peace Officer is hereby authorized to issue a Municipal Violation Tag or a Violation Ticket with a specified penalty pursuant to the Provincial Offences Procedure Act, S.A. 1997, c. P-21.5, as amended, and regulations thereunder, for any contravention made under this Bylaw.
44. Nothing in this Bylaw shall prevent a Peace Officer from immediately laying an information or issuing a Violation Ticket for the mandatory Court appearance of any person who contravenes any provision of this Bylaw.
PART IX – EFFECTIVE DATE AND REPEAL
45. Bylaw No. 2001-01 is hereby repealed upon the third and final reading of this Bylaw.
46. This Bylaw shall come into force upon the third and final reading.
READ A FIRST TIME
IN COUNCIL THIS _____DAY
OF_______________,2006
READ A SECOND TIME
IN COUNCIL THIS _____DAY OF______________,2006
READ A THIRD AND
DULY PASSED THIS _____DAY OF_____________,2006
___________________________
Mayor
___________________________
Town Manager
TOWN OF
BYLAW No. 2006-09
SCHEDULE “A”
FEES
Section 4……. Lifetime Dog License $60.00
Lifetime Dog License (Spayed/neutered) $20.00
Lifetime Cat License $60.00
Lifetime Cat License (Spayed/neutered) $20.00
Section 7(b)…..Replacement Tags $10.00
Section 32(a)(ii)…Boarding Fees Costs determined by operators of boarding
facility used.
Section 32(a)(iii)…Medical Fees...Associated medical costs that may have been required.
Section 32(a)(iv)…Transportation of animal fee $85.00
TOWN OF
BYLAW No. 2006-09
SCHEDULE “B”
SPECIFIED
PENALTIES
PART II - LICENCING
Section 3……..Fail to obtain valid dog/cat license $100.00
Section 8….….Fail to ensure license tag is worn by dog/cat $100.00
Section 10….....Keep more than the maximum number of animals allowed $100.00
Section 11(a)….Operate kennel/cattery in residential district $200.00
PART III –
DANGEROUS DOGS
Section 12(b)….Dangerous Dog bite/chase/attack person or animal $500.00
Section 14(a)…Fail to confine Dangerous Dog when on the owner's premises $300.00
Section 14(c)…Fail to muzzle or otherwise secure Dangerous Dog when off
the premises of the owner $300.00
PART IV –
RESPONSIBILITIES OF OWNER
Section 17(a)…Allow dog/cat/other animal to run at large $100.00
Section 18…....Fail to confine female dog in heat $100.00
Section 19(a)…Fail to immediately remove dog/cat defecation from public/
private property $100.00
Section 19(b)…Fail to keep residence/grounds clean/sanitary/inoffensive $100.00
Section 20…….Allow dog to bark/howl excessively or otherwise disturb quiet $100.00
Section 21……Allow cat to howl excessively or otherwise disturb quiet $100.00
Section 22 ……Allow dog/cat/livestock/or other animal to damage public/
private property $100.00
Section 23……Allow dog/cat/livestock/other animal chase/bite/attack
Person or other animal $200.00
Section 24(a)…Permit dog/cat to be on
PART V – OTHER
CONTRAVENTIONS
Section 25(a)…Have livestock in residential district $100.00
Section 25(c)… Fail to comply with conditions of permit $100.00
Section 26……Release dog/cat/livestock from confined area, allowing to
run loose $100.00
TOWN OF
BYLAW No. 2006-09
SCHEDULE “B” con’t.
Section 27…..Tease/torment/annoy/harm a dog/cat/livestock $100.00
Section 28…..Leave animal unattended in m/v w/o protection from elements $500.00
Section 29….Fail to provide sufficient food/water/shelter/ medical attention for animal .$500.00
PART VII – DISEASE
CONTROL
Section 35…During disease outbreak, fail to comply with order to keep
animal(s) confined $200.00
Section 37…Fail to take appropriate actions with diseased animal $200.00
Section 38…Kill/caused to be killed/ remove from Town an animal exposed
to disease $200.00
Section 39…Fail to surrender diseased animal to Peace Officer $200.00
* Second and
subsequent offences occurring within six (6) months of first offence shall be
liable to double the specified penalty amount listed.