ATHABASCA COUNTY BYLAW NO

Transcription

1 ATHABASCA COUNTY BYLAW NO A BYLAW OF ATHABASCA COUNTY, IN THE PROVINCE OF ALBERTA, TO PROVIDE FOR THE REGULATING, CONTROLLING AND CONFINEMENT OF DOGS. WHEREAS, the Municipal Government Act being Chapter M-26, RSA 2000 and amendments thereto, provides authority to pass bylaws to regulate the safety, health and welfare of people and the protection of people and property; and, wild and domestic animals and activities in relation to them; and with relation to the enforcement of those bylaws create offences, set fees and impose fines; and AND WHEREAS, The Council of Athabasca County deems it necessary to provide for the regulating, control and confinement of dogs "Running at Large" within Athabasca County; NOW THEREFORE, The Council of Athabasca County hereby enacts the following: A. TITLE This Bylaw shall be known as the "Dog Control Bylaw". B. DEFINITIONS (1) "Controlled Confinement" - shall mean when a dog(s) is confined in a pen, kennel, or cage of such construction that will not allow the dog(s) to jump, climb, dig or force their way out, or securely tethered in a manner that will not permit the dog to attack, bite, harm or cause injury to any person or other animal at any time. (2) "County" - means Athabasca County and the area contained within its boundaries as the context requires. (3) "Council" - shall mean the duly elected Council for the Municipal Corporation of Athabasca County, in the Province of Alberta. (4) "Dangerous" - shall include any dog that, in the opinion of the Dog Control Officer, shows serious signs of aggression towards the public and/or Dog Control Officer and/or puts the public and/or Dog Control Officer in a position of serious physical harm. (5) "Dog"- shall mean either a male or female dog. (6) "Dog Control Officer" - means any member of the Royal Canadian Mounted Police or a County Peace Officer or Bylaw Enforcement Officer appointed by County Council to carry out the Provisions of this bylaw.

2 Bylaw Athabasca County Page 2 of 10 (7) "Enforcement Services" - shall mean any Peace Officer or Bylaw Officer engaged or contracted by the County and as part of their duties enforcing any provision of this bylaw. (8) "Guardian Dogs"-recognized breeds of dogs solely used in valid farming operations for guarding livestock from predators. (9) "Live Trap"-shall mean a device used to humanely and safely capture dogs found to be in contravention of this bylaw. (1 0) "Normal Working Hours"- means the office hours of the County being 8:00 a.m. -5:00p.m., Monday to Friday, excluding statutory holidays. (11) "Owner"-shall mean any person, partnership, association or corporation owning, harboring, possessing or consensually having charge of or control over any dog(s), either temporarily or permanently or who claims and receives a dog from the pound. (12) "Order"- shall mean written notification to the owner of the said dog from the County Manager or designate, advising him of Vicious Dog requirements. (13) "Permitted Leash"- shall mean a leash not exceeding 3 (three) meters in length. (14) "Possession"- shall mean having physical or effective control of a dog(s), having given physical or effective control of a dog(s) to another person for the purpose of controlling the dog(s) for a period of time and/or where two or more persons, with the knowledge and consent of the rest, have physical or effective control of each and all of the dog(s). (15) "Pound" -means a place or facility designated by the County Council for the purpose of holding and caring for any dogs impounded under provisions of this bylaw. (16) "Pound Keeper"- means the owner or operator of the pound. (17) "Private Property"- shall mean land within the County other than property constituting public property. (18) "Property Owner"- shall mean any person who is registered under the Land Titles Act as the owner of the land or who is recorded as the owner of the property on the Assessment roll of the County or a person who has purchased or otherwise acquired the land, whether he has purchased or otherwise acquired the land directly from the owner or from another purchaser, and has not become the registered owner thereof. (19) "Public Property"- shall mean any land within the County owned, or occupied by the Government of Canada, Government of Alberta or by the County or otherwise under the control and management of the County or owned or occupied by or under the control of a school, health authority or a recreational area open to the general public without fee or membership requirements.

3 Bylaw Athabasca County Page 3 of 10 (20) "Running At Large" -shall mean where a dog is at any place other than the owner's property or as otherwise allowed under this bylaw, and is not being carried by any person or is not otherwise restrained by a permitted leash held by a person, and that permitted leash is attached to a choke chain, collar or harness securely holding that dog. (21) "Summons"- shall mean a Part 2 of a Provincial Traffic ticket and will be a sworn complaint for an offence issued under this Bylaw. (22) "Vicious Dog"- shall mean any dog, regardless of age, whether on public or private property, which has without provocation, chased, injured or bitten any other animal, human or destroyed or damaged any public or private property or threatened or created the reasonable apprehension of a threat to other animals or humans and which, in the opinion of the Dog Control Officer presents a threat of serious harm to other domestic animals or humans. (23) "Violation Ticket"- shall mean a form prescribed by the County and will used by the County, pursuant to the Municipal Government Act, R.S.A. 2000, c. M-26, as amended. (24) In this Bylaw, whenever a male gender is specified, it shall be interpreted as meaning both male and female as applicable. C. REGULATIONS (1) No dog shall be allowed to run at large within the County. (2) No person shall interfere or attempt to obstruct a Dog Control Officer or anyone who is attempting to capture or who has captured a dog, which is being impounded pursuant to the provisions of this bylaw. (ii) No person shall remove or attempt to remove any dog from the possession of the Dog Control Officer or Pound Keeper. (iii) No person shall remove or attempt to remove any dog from the County Pound. (3) The owner of a dog or dogs shall not permit the dog or dogs to be or become a public nuisance by; (ii) (iii) (iv) Biting or chasing a pedestrian, Biting, barking at or chasing livestock, bicycles, automobiles, or other vehicles, Barking, howling excessively, or otherwise disturbing the peace of any person. This does not include guardian dogs employed in farming operations for the purpose of protecting livestock. Causing damage to public or private property or other animals, (4) Being tethered in a way that pedestrian traffic could potentially be subjected to menacing actions such as lunges or barking.

4 Bylaw Athabasca County Page 4 of 10 (5) Where a dog or dogs has caused damage to property and other animals, the owner of the dog or dogs shall pay for all damages incurred to the person suffering such damages. (6) II shall be the duty of the owner of any property, upon which, any female dog in heat is kept or allowed to remain, to keep such dog housed and securely confined during the whole such period the dog is in heat. (7) No person shall kill, harm, tease, torment, annoy, abuse or injure any dog. (ii) Not withstanding clause C. (7), any person may utilize reasonable force or other measures in the legitimate defense of their property, livestock, or the life and safety of themselves or others. (8) No person shall untie, loosen or otherwise free a dog which is not in distress unless such person has the authorization of the owner. (9) An owner of a dog shall ensure that defecation caused by their dog(s) is immediately removed from private or public property. (1 0) The owner of a dog or dogs who allow such dog or dogs to upset waste receptacles or scatter the contents thereof, either in or about a lane, street or other public property or in or about premises belonging to the owner of the dog or dogs is guilty of an offence and be liable to a violation ticket. D. PROCEDURES (1) Upon receipt of any complaint under Section C. (3) the County Manager or designate may strike an investigation and in addition to any other penalties imposed or without further notice or hearing, declare the subject dog a vicious dog, pursuant to the provisions of this bylaw; and (2) Make a Written Order directing the dog owner to any one or a combination of the following: (ii) (iii) (iv) (v) (vi) The owner to ensure Controlled Confinement of such dog(s); The owner to muzzle such dog(s) when ever dog is off of the owner's property. The owner to post a sign at the entrance of his property stating "Vicious Dog". The owner to obtain liability insurance specifically covering any damages for personal injury caused by the Vicious Dog in an amount of not less than one million dollars and the owner files a current copy of this insurance with the County or Enforcement Services. The owner of such dog(s), to forthwith deliver the dog(s) to the pound keeper who shall forthwith destroy or arrange for the destruction of such dog(s); The owner to remove such dog(s) from within the corporate boundaries of the County.

5 Bylaw Athabasca County Page 5 of 10 (3) Subsection D. (2) shall not apply when the vicious Dog is under Controlled Confinement. (4) An owner of a Declared Vicious Dog is guilty of an offence: If the dog runs at Large; (ii) If the dog bites, attacks, threatens, harasses, chases, kills or injures any person including, but limited to, when such person is on a bicycle, horseback or while walking or running; (iii) If the dog bites, attacks, threatens, harasses, chases, kills or injures livestock, poultry or animals belonging to other persons. (iv) If the dog bites or chases any vehicle. (v) If the dog is not properly muzzled and harnessed or properly leashed while off owners property. (vi) If the owner fails to properly post Vicious Dog signage on property or have adequate liability insurance filed with the County or Enforcement Services. E. CAPTURE AND IMPOUNDMENT: (1) The Dog Control Officer or any other person may capture and impound any dog running at large contrary to any provision of this bylaw (2) When necessary, the Dog Control Officer or any other person, may, in attempting to capture a dog found to be in contravention of this bylaw, employ the use of bait or any device or other suitable means to apprehend the dog, provided that: It is not prohibited by law; and it is employed with due respect for humanness to the dog. (3) Where a dog is on any private property or premises without the permission of the owner or occupant, the Dog 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 dog. (4) Residents of Athabasca County, upon approval of the Dog Control Officer, may rent a live trap in accordance with Schedule "A" of this Bylaw. Failure to comply with the provisions of Schedule "A" may result in refusal of future trap rentals and charges under this Bylaw. (5) No Person shall; Leave a live trap set and unattended, unless authorized by the Dog Control Officer. (ii) Leave the live trap set between the hours of 11:00 pm on one day to 6:00 am the following day, unless authorized by the Dog Control Officer. (iii) Set a trap later than 24 hrs prior to regular working hours, generally to mean weekends and holidays, unless authorized by the Dog Control Officer. (iv) Trap any dogs other than the specific dog(s) in question, in a live trap. (v) Fail to notify Dog Control Officer of a trapped dog within a Reasonably Practical Time (24 hours or the next working day). (vi) Kill, harm, tease, torment, annoy, abuse or injure any dog caught in a live trap.

6 Bylaw Athabasca County Page 6 of 10 F. RECLAIMING OF IMPOUNDED DOG: (1) An impounded dog may be kept at the pound for a period of three (3) days (Sundays and statutory holidays not included). During this period, the owner may reclaim the dog by paying the County, during normal working hours, an impoundment fee and boarding fee as set out in this bylaw, and by paying the Pound keeper directly any Veterinarian fees incurred during the impoundment. (2) Any dog not reclaimed by the owner within a period of three (3) days from the date of the impoundment, (Sundays and statutory holidays not included) may be sold by the Pound Keeper. (3) Any dog not reclaimed by the owner within a period of three (3) days (Sundays and statutory holidays not included) from the date of the impoundment, or sold by the Pound Keeper, shall become the property of the County who will then instruct the Pound Keeper to destroy or otherwise dispose of the dog. G. VIOLATION TICKET: (1) The Dog Control Officer or the County Manager or designate is hereby authorized and empowered to issue a Violation Ticket to any person the Dog Control Officer has reasonable and probable grounds to believe has contravened any provision of this bylaw. (2) The Violation Ticket shall state: The name and address of the offender if ascertainable; The offence; (ii) The appropriate penalty for the offense as outlined in this bylaw; and (iii) That the penalty shall be paid within 30 days of the issuance of the Violation Ticket. (iv) Address to pay the violation ticket. (3) The Violation Ticket may be issued to such person: Either personally; (ii) By mailing a copy to such person at their last known address; or, (iii) Upon retrieval of such person's dog from the Pound. H. SUMMONS In those cases where a Violation Ticket has been issued and if the penalty specified on a Violation Ticket has not been paid within the prescribed time, then a Dog Control Officer is hereby authorized and empowered to issue a Summons pursuant to Part II of the Provincial Offenses Procedure Act. I. PENAL TIES & FEES: (1) Penalties: (2) Fees: (ii) (iii) Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable to penalty as set out in Schedule "B" herein. Impounding Fee $75. Boarding Fee $20 per day for each day of impoundment. Any person who fails to pay the impound and boarding fees is liable for a penalty as set out in Schedule "B".

7 ( Bylaw Athabasca County Page 7 of 10 (3) 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 ($ ). (4) In lieu of prosecution, a person who has contravened any provision of this bylaw, may, within 30 days of the issuance of a Violation Ticket, elect to voluntarily pay a penalty as set out in this bylaw. J. SEVERABILITY PROVISION Should any provision of this bylaw be invalid, then such invalid provision shall be severed and the remaining bylaw shall be maintained. K. TRANSITION Upon coming into force of this Bylaw, the Regulating, Controlling and Confinement of Dogs Bylaw , is hereby rescinded. L. COMING INTO FORCE This Bylaw shall come into full force and effect on the date of the final passing thereof. ( READ A FIRST TIME this l.::l+h- day of --~...A,_pl.l... -.w '~ 'A.D., READ A SECOND TIME this!;:;;?;t+-... day of ----~.A~pr-z.lru!...~. l, A.D., And with the unanimous consent of all Council Members present, READ A THIRD AND FINAL TIME this I~:H-- day of_.j... A'+-' p.wnc...~. l, A.D., REEVE

8 Bylaw Athabasca County Page 8 of 10 SCHEDULE "A" - ATHABASCA COUNTY Hereafter referred to as "County" PROCEDURE AND GUIDELINES FOR LIVE TRAPPING OF DOGS 1. A resident of the County may request to rent a live trap from the County. Approval will be determined by the Dog Control Officer. 2. The Complainant will contact the County Office and, upon validity of complaint, agree to the procedures and an agreement provided by the County and the County will then provides a live trap to the Complainant. 3. The Complainant will be required to pay a cash deposit (the amount of which shall be set by the County Manager or designate) to the County. This deposit will be returned to the Complainant at such time as the trap is returned and is found to be in the same condition it was at the time it was obtained from the County. 4. The Complainant will set the live trap in a place shaded from the hot sun, on the premises of the Complainant for a period of not more than 72 hours, after which time they will return the trap to the County, during business hours. 5. It will be the responsibility of the Complainant to check the trap regularly every 2-3 hours, or as approved by the County and, if a dog is caught, the Complainant must notify the County Dog Control Officer within a reasonably practical time following the trapping. 6. The Dog Control Officer may enter and inspect the premises at any time to ascertain if these guidelines are followed. 7. The Complainant shall not leave a trap set on his property unattended when absent for any period of time, unless approved by the Dog Control Officer. 8. The Complainant shall check the trap prior to 11:00 p.m. on each night that the trap is on his property and, if no dog is caught, they shall, unless otherwise approved by the by the Dog Control Officer, trip the trap and render it harmless until 6:00 a.m. the following day, then the Complainant may again set the trap. 9. At such time as the Dog Control Officer takes possession of a trapped dog, then they will try to locate an identifying tag or tattoo on the dog and, if found, will make every effort to contact the Owner of the dog in order to report that it has been impounded by County. 10. At such time as a dog owner attends the County Pound for the purpose of claiming their dog, a Violation ticket or summons will be issued in accordance with this bylaw. 11. It is the responsibility of the Complainant to ensure that, once a dog is trapped on their property the said dog shall not be abused or harmed in any way contrary to Section E.(3) of the Dog Control Bylaw, by anyone on his property or anyone coming onto his property.

9 Bylaw Athabasca County Page 9 of Any person seeing a dog in a trap being abused is encouraged to report the abuse to the County, at which time the Dog Control Officer may attend at the premises where the abuse has taken place and may remove the dog and the trap forthwith and may also result in refusal of all future live trap requests. The validation of the report and abuse will be at the sole discretion of the Dog Control Officer. 13. No live traps will be provided by the County to a complainant when weather conditions are, or are forecast to be within the 72 hour period from the time of issue, colder than 0 degrees Celsius, or in excess of 30 degrees Celsius. 14. Any person who contravenes any of the Trapping Procedures and Guidelines may be charged with an offence under this bylaw and refused future trap requests. I UNDERSTAND THE TERMS AND CONDITIONS LISTED IN THIS DOCUMENT AND AGREE TO COMPLY ACCORDINGLY. NAME (Print): SIGNATURE: WITNESS (Print): SIGNATURE: CASH DEPOSIT AMOUNT RECEIVED:

10 Bylaw Athabasca County Page 10 of 10 SCHEDULE "8"- ATHABASCA COUNTY PENALTIES SEC: OFFENCE PENALTY 2ND OFFENCE SUBSEQUENT (Within 12 months) OFFENSES C. (1) Dog at Large $75.00 $ Court C. (2) Interference with enforcement of Bylaw $ $ Court C. (3) Biting or chasing a pedestrian $ $ Court C. (3) Biting Barking, or chasing livestock, $ $ Court (ii) bicycles, automobiles or other vehicles. C. (3) Bark or howl excessively $ $ Court (iii) C. (3) Cause damage to public or private $ $ Court (iv) property C. (6) Fail to confine a female dog in Heat $50.00 $ Court C. (7) Tease, torment, annoy, abuse or injure $ $ Court any dog C. (8) Untie, loosen or otherwise free a dog $ $ Court C. (9) Failure to remove Defecation $50.00 $ Court (public/private) D. (2) Fail to post Vicious Dog signage on $ $ Court (iii) property D. (4) Vicious Dog at large $ $ 1, Court D. (4) Failure to keep a vicious dog muzzled, $ $ Court Harnessed, or properly leashed D. (4) Vicious Dog bite, attack, threaten, $ Court Court E. (4) Fail to comply in accordance with $ $ Court trapping procedures I. (2) Fail to pay pound fines/levies imposed $ $ Court