Loading...
1720-11 Animal ControlCOUNTY OF NEWELL IN THE PROVINCE OF ALBERTA BYLAW NO. 1720 -11 A BYLAW OF THE COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA, TO PROVIDE FOR THE REGULATION AND CONTROL OF ANIMALS WITHIN THE COUNTY. WHEREAS Sections 7, 8, and 9 of the Municipal Government Act. R.S.A. 2000 c. M -26 provides that Council may pass bylaws for the safety, health welfare of people and the protection of people and property; AND WHEREAS the Council of the County of Newell deems it necessary to regulate and control animals that may create a nuisance; NOW THEREFORE, the Council of the County of Newell in Council duly assembled enacts as follows: 1. Title 1.1 This Bylaw may be cited as "The Animal Control BylaW'. 2. Provincial Legislation 2.1 This Animal Control Bylaw is reinforced by Provincial legislation applicable to the care and maintenance of animals and livestock, and should be made use of in the enforcement of this Bylaw. 2.2 The applicable legislation includes the following: 2.2.1 Animal Protection Act RSA 2000 chapter A -41 2.2.2 Stray Animals Act RSA 2000 chapter S -20 2.2.3 Dangerous Dogs Act RSA 2000 chapter D -3 2.2.4 Agricultural Operation Practices Act and Regulations 3. Exemptions from the Bylaw 3.1 The restrictions outlined in this bylaw shall not apply to the following: 3.1.1 a parcel or premises that is operated by a licensed veterinarian, with a valid Development Permit to operate; 3.1.2 a parcel or premises that is operated as a kennel by an owner with, a valid Development Permit to operate; 3.1.3 licensed Guide Dogs, police dogs, or search and rescue dogs; 4. Definitions In this Bylaw 4.1 "Animal Control Officer" means the Community Peace Officers, RCMP, and other people as appointed by County Council to carry out the provisions of the Bylaw; 4.2 "Animal" means any live animal, including but not limited to exotic and domestic animals, exotic and domestic birds, and livestock; Bylaw No. 1720-11 Page 2 4.3 "Animal Control Services Center" means the establishment for the impounding of animals as set out in this Bylaw, and for services as set out in the agreement between the County and Brooks Animal Protection Society; 4.4 "Bylaw Enforcement Officer" means a person or agency appointed by Council, pursuant to provisions of the Municipal Government Act, R.S.A. 2000, and amendments thereto, including, but not limited to Community Peace Officers and RCMP; 4.5 "Council" means Council of the County of Newell; 4.6 "County' means the County of Newell; 4.7 "Domestic Animal" means an animal kept in a domestic situation as a pet, including but not limited to dogs, cats, rabbits, parakeets, iguanas, ferrets, lizards, gerbils, and other similar animals typically sold in pet stores and kept as domestic pets. For the purposes of this Bylaw, exotic animals, exotic birds, and livestock do not fall under this definition and are defined separately; 4.8 "Domestic Bird" means any tame poultry typically raised for food, including but not limited to chickens, turkeys, geese, ducks, and any other similar bird; 4.9 "Exotic Bird" means a non domestic bird, including but not limited to, partridge, quail, pheasants, peafowl, doves, swans, cranes, and other similar fowl and/or other related species of bird; 4.10 "Exotic Animal" means non indigenous animals, such as llamas, alpacas, emus, ostriches, pigs (Vietnamese Potbellied pigs), non indigenous fur bearing animals and other similar animals and related species; 4.11 "Feral Dogs Cats" means free ranging dogs or cats that are of a domestic breed origin but have escaped from domestication and returned, partly or wholly, to a wild state. 4.12 "Hamlets" in the County include the following settlements: Gem, Patricia, Lake Newell Resort, Rainier, Scandia, Rolling Hills, and Bow City; 4.13 "Kennel" means a commercial operation for the purposes of boarding, breeding, and /or rearing of dogs as permitted by a Development Permit under the Land Use Bylaw; 4.14 "Livestock" means any type of cattle, horses, pigs, poultry and fowl, sheep, goats, chickens, and other similar animals and related species; 4.15 "Manufactured Home Park" means a comprehensively planned development for manufactured homes, which may or may not be placed on permanent foundations and that may include facilities for the use of the community's residents. 4.16 "Muzzle" means a secure fastening or covering device which, when fastened to a dog, prevents the dog from biting. 4.17 "Nuisance" means the keeping of any animal(s) that is or becomes injurious or obnoxious to an individual, property, or community at large by reason of: 1. accumulation and/or disposal of animal waste; 2. accumulation and/or disposal of material contaminated by animal waste; 3. trespass of the animal upon property; 4. barking or other excessive or persistent noise; or 5. threat from the animal to public health and/or safety. Bylaw No. 1720 -11 Page 3 4.18 "Owner" means any person or company that has legal title to an animal, or who possesses or harbors an animal on that person's residence or premises. Any person occupying a residence or premise where an animal is kept, harbored or allowed to remain shall be deemed to be the owner of that animal under the provisions of this Bylaw; 4.19 "Permitted Leash" means a leash that is: 1. adequate to control the dog to which it is attached; and 2. securely attached to the dog by a collar, choke collar or harness. 4.20 "Poultry" means chickens, turkeys, geese, ducks and any other domestic birds; 4.21 "Premises" means any land or building or any portion thereof, including but not limited to any house, residence, room, office or place of business; 4.22 "Previous Owner" means the person, who at the time of impoundment, was the owner of an animal which has been subsequently sold or destroyed; 4.23 "Property Owner" means any person having legal or equitable interest in a parcel of land or building and includes a resident, tenant or occupier of such land or building. 4.24 "Roaming Pen" means a parcel of land in which animal(s) and livestock are allowed to move about freely without obstruction; the parcel of land must be completely and securely fenced in a manner that does not permit the enclosed animal(s) to break out; 4.25 "Running at Large" means an animal(s) not under the control of the owner and has been observed or captured on property in which the owner has no right of occupation; 4.26 "Vicious Dog" means any dog as declared under the Dangerous Dogs Act. For the purposes of this Bylaw, it also means any dog declared to be vicious under Section 5.6 of this bylaw. 5. Ownership Responsibilities and Restrictions 5.1 The owner of an animal shall take all reasonable precautions to ensure that: 5.1.1 the animal is secured and not able to leave the premises of the owner; or 5.1.2 the animal is under the constant supervision of a person that is competent to control it at all times when it is off the premises. 5.2 For any land use district in the County, except Agriculture, no person shall keep or maintain livestock, exotic birds or exotic animals on a parcel of land that is less than one (1) acre (0.4 ha) in size; 5.3 For any land use district in the County, except Agriculture, a person may be in custody of animals and livestock as outlined in Appendix A, but only if the parcel of land is larger than one (1) acre (0.4 ha) in size and includes a roaming pen of at least one (1) acre (0.4 ha) in size; 5.4 In regard to 5.3, the owner of said animals must reside on the parcel where the animal(s) and /or livestock are being kept and maintained. 5.5 It shall be the responsibility of the owner, agent, or occupant of the parcel to remove manure, refuse, and other matter associated with the keeping of animals and or livestock at regular and appropriate times. If necessary, the County may require a landowner to remove such matter. No refuse associated with the keeping of these animals shall be placed on a County road or property or any other property where the owner does not reside; Bylaw No. 1720 -11 Page 4 5.6 On any parcel of land within the County, no more than three (3) dogs shall be permitted unless the person has obtained a Development Permit for a commercial kennel. For the purposes of this bylaw, the term 'dogs' shall refer to animals over one (1) year of age; 5.7 A kennel shall be deemed to be in operation if four (4) or more dogs are kept or maintained at any one location. This definition does not include premises used for the care or treatment of dogs as operated by a qualified veterinarian, nor does it include an Animal Services Center, as defined by this Bylaw. 6. Animal Control Provisions 6.1 No person shall tease, torment, annoy, abuse, injure, or maliciously kill any animal. 6.2 No person shall kill any animal, except under the provisions of the Animal Protection Act. 6.3 No person shall untie, loosen or otherwise free an animal which is not in distress unless such person has the written authorization of the owner; 6.4 No person shall negligently or willfully open a gate, door or other opening in a fence or enclosure in which an animal(s) has been confined, thereby allowing the animal(s) to run at large; 6.5 The owner or person in care or control of any animal shall ensure that such animal is not permitted to run at large. 6.6 Nuisance The owner of an animal which is a nuisance in the opinion of the Animal Control Officer is guilty of an offence. No animal shall be permitted to become a public nuisance. Without restricting the generality of Section 5.5, the following shall be deemed a nuisance for the purpose of this Section: 6.6.1 biting, threatening, attacking, molesting, nipping, chasing, or injuring a person(s); 6.6.2 biting, threatening, attacking, chasing, damaging, or killing livestock or other animals; 6.6.3 chasing or causing damage to bicycles, vehicles or other means of transportation; 6.6.4 creating a disturbance by excessive noise, mischief, destroying or damaging private property, and involvement in other similar actions which disturbs neighbors; 6.6.5 depositing body wastes on any property other than that of the animal owner. 6.7 Vicious Dogs If an Animal Control Officer believes on reasonable and probably grounds that a dog has: 6.7.1 chased, injured or bitten a person or other animal; 6.7.2 threatened or created a reasonable apprehension of a threat to a person or other animal; or 6.7.3 been previously determined to be a Dangerous Dog under the Dangerous Dogs Act R.S.A. 2000 chaper D -3, then the Animal Control Officer may seize and impound the dog at an Animal Services Center until a hearing can be held before a judge to determine if the dog should be declared vicious. 6.8 At least ten (10) days before the date of a hearing to determine if a dog should be declared a vicious dog, the County shall give notice of the hearing to the owner. 6.9 On application to the Provincial Court, a Judge may take notice of a complaint that a dog has: 6.9.1 chased, injured or bitten a person or other animal; Bylaw No. 1720 -11 Page 5 7. Site Maintenance 6.9.2 threatened or created a reasonable apprehension of a threat to a person or other animal; or 6.9.3 been previously determined to be a Dangerous Dog under the Dangerous Dogs Act R.S.A. 2000 c. D -3. If the Judge determines that the dog should be declared a vicious dog, the Judge shall make a summary order declaring the dog to be a vicious dog. 6.10 An owner of a vicious dog is guilty of an offence: 6.10.1 if such dog is on any public property area or private property of which the owner is not the property owner, unless such dog is muzzled and on a permitted leach held and controlled by the owner; 6.10.2 unless such dog at all times, while on property of which the owner is the property owner, is confined within a secure enclosure an is not allowed out of such secure enclosure unless such dog is on a permitted leash held and controlled by the owner. 6.11 An owner shall not be required to muzzle or leash a restricted dog while it is being shown or displayed at a dog show or present at a recognized dog training school. The owner of any land where animal(s) under this Bylaw are allowed, housed, kept, confined, or other otherwise held, shall ensure that: 7.1 the site is maintained in a clean and safe manner; 7.2 waste and materials contaminated by waste are removed and disposed of in a timely, appropriate, and hygienic manner; 7.3 waste and materials contaminated by waste are not allowed to accumulate; and, 7.4 waste and materials contaminated by waste are retained on site while awaiting disposal. 8. Disease and Death 8.1 It is the responsibility of the owner of an animal suffering from a communicable disease to keep that animal securely locked up or tied up; 8.2 No owner shall permit a diseased animal to be in any public place, or allow a diseased animal to come in contact with or be in proximity to any other animal free of such disease; 8.3 It is the sole responsibility of the owner to remove any dead animal(s) from the property within twenty-four (24) hours of the death, and also to dispose of the carcass properly and appropriately. 9. Animal Control Operation 9.1 An animal may be captured and impounded by the Animal Control Officer if there are reasonable grounds to believe an offense under this Bylaw has been or is being committed; 9.2 An animal may be captured and impounded by the Animal Control Officer if it is required under the provisions of any statute of Canada, or of the Province of Alberta, or any regulation made under those statutes; Bylaw No. 1720 -11 Page 6 9.3 If a feral animal is caught it may be destroyed, but only after complying with the conditions of Section 12 of this bylaw; 9.4 Any person may seize an animal found at large and deliver such an animal to the Animal Control Officer who, upon being satisfied that such animal was at large, may deliver such animal to the Animal Services Center; 9.5 The owner /operator of a kennel operation, when requested so to do by an Animal Control Officer, shall present a statutory declaration or other acceptable documentation establishing the age(s) of the dog(s), and shall also present a valid Development Permit document; 9.6 An Animal Control Officer may: 10. Obstruction 9.6.1 capture, control, or impound any animal which is running at large, subject to the provisions of this bylaw; 9.6.2 collect from the person(s) liable all fees and charges levied as a result of this bylaw and remit all fees to the County; 9.6.3 maintain records of the following: 1. complaints received regarding dogs running at large; 2. actions taken upon the complaint; 3. notices sent to the owner of the animal, if the owner is known. No person(s), whether or not they are the owner of an animal which is being or has been pursued or captured, shall: 10.1 interfere with or attempt to obstruct an Animal Control Officer who is attempting to capture or who has captured an animal which is subject to being impounded under the provisions of this Bylaw; 10.2 induce any animal to enter a house or other place where it may be safe from capture or otherwise assist the animal to escape capture; 10.3 falsely represent themselves as being in charge or control of an animal so as to establish that the animal is not running at large; 10.4 unlock or unlatch or otherwise open the vehicle used in controlling or transporting a captured animal so as to allow or attempt to allow any animal to escape; 10.5 give false information to an Animal Control Officer when in the course of an investigation. 11. Enforcement 11.1 If the Animal Control Officer knows or can ascertain the name of the owner of any impounded animal, he shall serve the owner with a copy of the Schedule "A" either personally or by leaving or mailing to the last known address of the owner by registered mail; and 11.2 An owner of an animal to whom a notice is mailed under the provisions of Subsection 10.1 is deemed to have received a Notice within five (5) days of the time it is mailed out by registered mail. 11.3 The owner of any impounded animal may reclaim the animal by paying the Animal Control Officer or the County, the fees as set out in Schedule 'B" of this bylaw. Bylaw No. 1720 -11 Page 7 11.4 The County recognizes that it does not have available resources to be proactive in the enforcement of this bylaw. Given this, enforcement will be based on the receipt of written and signed complaints. 12. Impounding, Sale and/or Destruction of Animals 12.1 The Animal Services Center shall not sell or destroy an impounded animal until the following conditions are met: 12.1.1 the animal has been retained in the pound for three (3) days after the owner has received notice (Section 10) that the dog has been impounded; 12.1.2 the owner of the animal cannot be located or identified within seven (7) days of being impounded. 12.2 An animal may be retained for a longer period than outlined by 12.1, if the Animal Services Center believes the circumstances warrant the expense; 12.3 The Animal Services Center may offer for sale all unclaimed animals which have been in the pound for seven (7) days. 12.4 The purchaser of an unclaimed animal shall pay fees as set out in Schedule "B but not any of the penalty fees. 12.5 The purchaser of an unclaimed animal shall obtain full right and title to it and the former ownership of the animal shall cease at the time of sale. 12.6 If the owner of a doq that is caught running at large requests his dog to be destroyed, the owner shall put the request in writing, stating that he is the owner and the County is relieved of any liability for having carried out his request. The Animal Control Officer, when the owner has signed the appropriately written request, may have the dog destroyed. 12.7 If the owner of a property on which a dog is caught running at large requests the Animal Control Officer to have the dog destroyed, the request shall be in writing, indicating reasons for the destruction, one of which shall be that the dog is presenting a danger or causing damage to livestock, people, or property. The Animal Control Officer, when the property owner has signed the appropriately written request, may have the dog destroyed. 12.8 When the Animal Control Officer approves an animal to be destroyed, the owner (if applicable) shall pay the euthanasia fee, as set by a licensed veterinarian. 12.9 Animals which have been impounded by the Animal Control Officer and which must subsequently be destroyed shall be euthanized by a veterinarian licensed to practice in the Province of Alberta, as per the Animal Protection Act. 13. Penalties Violation Tickets 13.1 Where an Animal Control Officer believes that a person has contravened any provision of this Bylaw, the officer may serve a violation ticket under the Provincial Offences Procedure Act, and as outlined in Schedule B; 13.2 A violation ticket may be issued to in one of the following ways: 13.2.1 personally served; 13.2.2 by registered mail to such person as their last known mailing address; or 13.2.3 by leaving with a person who appears to be at least sixteen (16) years of age, residing with the person alleged to have violated a provision of this bylaw. Bylaw No. 1720 -11 Page 8 13.3 If a violation ticket is served by mail, it shall be deemed to have been received five (5) days from the date of mailing by registered mail; 13.4 The violation ticket shall be in a form approved by the Animal Control Officer and may state the following: 13.4.1 the name of the owner of the animal; 13.4.2 the offense; 13.4.3 the appropriate penalty for the offence, as specified in Schedule B of this bylaw; 13.4.4 the due date for the penalty and the address where it may be paid; 13.4.5 any other information as may be required by the County or the Animal Control Officer. 13.5 Where a contravention of this bylaw is of a continuing nature, further violation tickets may be issued by the Animal Control Officer, provided that no more than one (1) violation ticket shall be issued for each day that the contravention continues. 13.6 The violation ticket is to be paid within thirty (30) days of the date it is mailed; after that time, the amount of the ticket shall be transferred to the tax roll for the landowner; 13.7 Any person to whom the violation was issued may exercise his right to defend any charge relating to committing a contravention of any of the provisions of this Bylaw. 13.8 Nothing in this bylaw shall prevent the Animal Control Officer from immediately issuing a violation ticket for a mandatory court appearance of any person who contravenes any provision of this bylaw. 14. Summary Conviction 14.1 Any person who contravenes any provision of this Bylaw is guilty of an offense and is liable on Summary Conviction to a fine of not more than Two Thousand Five Hundred dollars ($2,500.00). 14.2 The levying and payment of any fine in this Bylaw shall not relieve a person from the necessity of paying any fees, charges or costs for which he is liable under the provisions of this Bylaw, and 14.3 A Provincial Judge, in addition to the penalties provided in Schedule B, may if he considers the offense sufficiently serious direct or order the person that owns, keeps, maintains or harbors an animal to stop the animal from doing mischief or causing the disturbance or nuisance complained of, or to have the animal removed from the County, or have the animal destroyed. 15. Additional Animals 15.1 Owners who desire more animals than allowed by the standards set out in Appendix A of this Bylaw may apply to Council for authorization to have more animals. 15.2 This provision excludes dogs (Refer to section 5.7). 15.3 All requests for more animals must be made in writing and must state the following: Applicant name, address, telephone number Itemized number and type of animals requested; Reason(s) for the request; Length of time the additional animals will remain on the property; How the additional animals are to be contained and managed; and How the additional waste material is to be managed. Bylaw No. 1720 -11 Page 9 February 24, 2011 October 6, 2011 ober 6, 2011 15.4 In evaluating a request for additional animals, Council may request additional information than what is outlined above, and may notify any person, group or agency of the application, for additional comments on the application. 15.5 Council may refuse, approve, or approve with conditions any request for additional animals. 15.6 In granting an approval, Council may impose conditions on any approval that Council determines to be appropriate to the specific application. 15.7 All decisions of Council are final. 16. Severability If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed and the remainder of the Bylaw is deemed valid. Bylaw 1454 -04, being the former Dog Control Bylaw, and any amendments thereto is hereby rescinded. MOVED BY COUNCILLOR B. DE JONG that Bylaw 1720 -11 receive FIRST reading. MOTION CARRIED MOVED BY COUNCILLOR A. EASTMAN that Bylaw 1720 -11 receive SECOND reading as amended. MOTION CARRIED MOVED BY COUNCILLOR B. DE JONG that Bylaw 1720 -11 receive THIRD AND FINAL reading. MOTION CARRIED ,114.41410' Reeve Molly Douglass inistrative Officer— Kevin Stephenson Bylaw No. 1720-11 Page 10 pursuant to this Bylaw. Animal Control Officer CPO County of Newell No. 4 SCHEDULE A Notification of Impoundment As of the day of 20 you are hereby notified that an animal known to have been under your control at your lands (location) (name and address) is being held pursuant to the provisions of Bylaw of the County of Newell No. 4 and that unless the animal is claimed and all impoundment charges are paid on or before the animal will be sold, destroyed, or otherwise disposed of You may be held liable for all boarding, impoundment and or violation incurred by having this animal impounded. Bylaw No. 1720 -11 SCHEDULE B Schedule of Fees and Penalties Reclamation Fee— as outlined in the agreement between the Animal Control Service and the County Page 11 Medication Vet Fees as established by a licensed veterinary service Purchase (resale) fee— as set by the Animal Control Services Penalty Payments 1St Offense 2" Offense 3rd Offense $100.00 $250.00 $500.00 Bylaw No. 1720 -11 Page 12 Type of Animals APPENDIX A Allowable Livestock and Exotic Animals Number Allowed Maximum Number (per acre on parcels larger than 1 acre) of animals allowed Horse or horse /colt pair 1 5 Cows or cow /calf pair 1 5 Pigs 2 5 Donkeys or Mules 2 5 Sheep or Goats 4 10 Llamas or Alpacas 2 5 Poultry or Exotic Birds 10 25 All other animals not listed as determined by the Development Officer or MPC