MUNICIPAL DISTRICT OF ROCKY VIEW NO. 44

Transcription

1 Page 1 A bylaw of the Municipal District of Rocky View No. 44 to amend Bylaw C WHEREAS WHEREAS the Municipality deems it necessary to pass a bylaw to regulate, license and control animals running at large in the Municipal District of Rocky View No. 44; and Section 7 and 8 of the Municipal Government Act R.S.A. 2000, c. M-26 and amendments thereto authorize the Municipality to pass bylaws to license and regulate wild and domestic animals and activities in relation to them. Title 1. This Bylaw may be cited as the Animal Control Bylaw. Definitions 2. In this Bylaw unless the context otherwise requires: (a.) Animal means any vertebrate, excluding the following: (i) Humans, fish and birds of flight Any animal as described under the Alberta Wildlife Act R.S.A. 2000, c. W- 10 sec. 1(ll) as amended from time to time, and which is held live under a valid permit issued pursuant to the Wildlife Act R.S.A. 2000, c. W-10 or the keeping of which is otherwise subject to permit requirements under sec. 55 of the Wildlife Act R.S.A. 2000, c. W-10. (iii) Domestic mice, gerbils, guinea pigs, hamsters, hedgehogs, rabbits, domestic cats, ferrets, chinchillas and reptiles and domesticated rats. (b.) (c.) (d.) (e.) (f.) (g.) Cemetery means all municipally owned cemeteries. Children s Play Apparatus means swings, roundabouts, climbing frames, and any other equipment specifically intended for children s play. Day means a continuous period of twenty-four (24) hours. Dog means either a male or female dog, spayed or neutered or bitch or male intact. Enforcement Officer means a Bylaw Officer or Special Constable employed by the Municipality and includes a member of the R.C.M.P. who is authorized to enforce Bylaws of the Municipal District. Feral Dogs means free ranging domestic dogs. These dogs are of a domestic breed origin but have no identifiable owners, or are not displaying license tags.

2 Page 2 (h.) (i.) (j.) (k.) Kennel means the keeping of dogs for the purposes of boarding, breeding, and rearing of dogs pursuant to obtaining a Development Permit under Land Use Bylaw as amended from time to time. Kennel License means a license issued with respect to a kennel in accordance to the Land Use Bylaw. Leash Only Area means an area designated by signs where animals are permitted on leash only at all times. License Tag means an identification tag issued by the municipality showing the license number for a specific animal and is intended to be worn on a collar attached to the animal s neck at all times. (l.) Municipality means the corporation of the Municipal District of Rocky View No. 44 or the area contained within the boundaries thereof. (m.) (n.) (o.) (p.) (q.) (r.) (s.) (t.) (u.) Neighbour(s) means a person who is an owner, renter or person otherwise authorized by an owner of privately owned land adjacent to property to where it is alleged an offence has occurred. Owner means a natural person or corporate body that has legal title to the animal and includes any person who has possession or custody of the animal, either temporarily or permanently or harbours the animal, or suffers the animal to remain on his premises. Park means any municipal reserve within the Municipal District of Rocky View or lands designated by the municipally as a park area. Person means an individual and includes a firm, partnership, joint venture, proprietorship, corporation, association, society and any other legal entity. Playground means any part of a park or school ground on which children s play apparatus is located, and includes the part of such area (20m) of such apparatus. Posted Area means an area posted with signage which prohibits animals from being in that area or at large within that area as specified by the signage. Previous Owner means the person who at the time of impoundment was the owner of an animal which has subsequently been sold or destroyed. RCMP Officer means a duly appointed member of the Royal Canadian Mounted Police (RCMP). Registered Veterinarian means a veterinarian registered and entitled to practice in Alberta as shown in the Alberta Veterinary Medical Association pursuant to the

3 Page 3 Veterinary Surgeons Act, R.S.A c. V-2 sec. 1(o). (v.) Running at Large (i) (iii) means an animal or animals which are not under the control of a person responsible and is or are actually upon property other than the property in respect of which the owner of the animal or animals has the right of occupation, or upon any highway, street, boulevard, sidewalk, park, public walkway, playground, school ground, or other public place, or an animal or animals which are under the control of a person responsible and which cause damage to property or other animals. means an animal or animals which are not under the control of a person responsible within an area designated as a leash only area and is posted as such. (w.) (x.) (y.) (z.) (aa.) School Ground means property within the municipally owned or operated by any school district or private school. Serious wound means an injury to a human or animal resulting from the action of an animal, which causes the skin to be broken or flesh to be torn. S.P.C.A. - Society for the Prevention of Cruelty to Animals means the establishment for the impounding of animals as it is set out in this Bylaw. Specified Penalty means a penalty specified under the Master Rates Bylaw which may be paid in response to a Violation Ticket, for an alleged offence of any section of this bylaw. Vicious Dog means any dog, whatever its age, whether on public or private property, which has (i).. (iii). without provocation, chased, injured or bitten any other domestic animal or human; or without provocation, damaged or destroyed any public or private property; or without provocation, threatened or created the reasonable apprehension of a threat to other domestic animals or humans; and which, in the opinion of a Justice, presents a threat of serious harm to other domestic animals or humans; or (iv). been previously determined a vicious dog under Bylaw C or

4 Page 4 C , C (bb.) Violation Ticket means a ticket issued pursuant to Part 2 of the Provincial Offences Procedure Act, R.S.A., 2000 c. P-34. General Prohibitions Responsibility of Animal Owners 3. The owner of an animal (a) Shall ensure that the animal is not running at large. Nuisance 4. (a) The owner of an animal shall ensure that such animal shall not (i) (iii) (iv) (v) (vi) bite or chase a person bite, bark at excessively, or chase livestock, bicycles, automobiles, or other vehicles, excessively and unreasonably bark, howl or otherwise disturb any neighbour(s) or person, cause damage to property or other animals, and/or cause the death of any other animal, and/or keep a female animal which is in season at any location where the animal is a source of attraction to another animal. allow a vicious dog to run at large (d) An owner of an animal shall ensure that such animal does not go into any flowerbeds of any park and or into or upon the lands of any cemetery within the Municipality. An owner whose animal defecates on property other than his own or vacant undeveloped Municipal District of Rocky View No. 44 owned property shall remove forthwith any defecated matter deposited. An owner of an animal which is found upsetting waste receptacles or scattering the contents thereof either in or about a highway, street, lane or other public property or in or about premises not belonging to or in the possession of the owner of the animal is guilty of an offence separate and apart from the offence provided in the Master Rates Bylaw, as amended from time to time and upon summary conviction thereof shall in addition to any penalty imposed upon him be civilly

5 Page 5 Communicable Diseases liable to the indirectly incurred by it in connection with the receptacle being upset or the waste scattered abroad. 5. An owner of an animal which is suffering from a communicable disease (a) (d) Shall not permit the animal to be in any public place. Shall not keep the animal in contact with or in proximity to any other animal free of such disease. Shall keep the animal locked or tied up. Shall immediately report the matter to the Veterinarian Inspector of the Health of Animals Branch of the local office of the Federal Department of Agriculture, and the Municipal District of Rocky View No. 44 Protective Services. Licensing 6. (a) The owner of a vicious dog shall apply for an annual license for each dog, and shall pay therefore an annual fee as set out in the current Master Rates Bylaw. (d) (e) (f) The owner of a dog shall apply for an annual license for each dog. Where the Enforcement Officer is satisfied that a person who is blind or whose vision is impaired is the owner of a dog, trained and used as a guide dog, there shall be no license required by the owner. Any dog in active service with a recognized Police Agency or other disabled service dog shall be exempted from having a license while so employed. No owner shall transfer or allow to be transferred a dog license from the dog for which it was assigned or purchased, to any other dog. No person shall give false information to a Enforcement Officer when applying for a dog license. For a Vicious dog, an owner shall; (i.) (ii.) (iii.) (iv.) obtain a vicious dog license, regardless of the age of the vicious dog; and keep in force the vicious dog license. be over the age of eighteen (18) years. prominently display at the front and rear entrances to owner(s) property, a sign stating Beware of Dog.

6 Page 6 (v.) immediately bring to the attention of the municipality that owner(s) is or may be in possession of a vicious dog. (g) (h) A person responsible for care and control of an animal within the Municipal District of Rocky View, shall ensure that such animal is licensed by the licensed authority to which it normally resides. This animal will be deemed licensed providing its temporary stay does not exceed two months. Animals licensed under any other municipal authority residing within the Municipal District of Rocky View longer than two months will be licensed under the annual requirement stated within Section 7 of this Bylaw. 7. The owner of a dog(s) shall: (a) (d) (e) Obtain the annual dog licence for each animal on the first day when the Municipal District of Rocky View No. 44 office is open for business after the New Year s Day in every year. License the animal(s) within 60 days of full time residency within the Municipal District of Rocky View No. 44. Subject to the provisions of Section 6 obtain a license for it on the first day when the Municipal District of Rocky View No. 44 office is open for business after the dog becomes three months of age. Shall obtain the license on the first day on which the Municipal District of Rocky View No. 44 office is open for business after he becomes owner of the dog. An owner of a Vicious Dog shall: (i) maintain in force an Alberta registered policy of liability insurance in a form satisfactory to the Chief Special Constable providing a third party liability coverage in a minimum amount of One Million Dollars ($1,000,000.00) for injuries caused by the owners vicious dog. The liability policy shall contain a provision requiring the insurer to immediately notify the Municipal District of Rocky View No. 44 in writing should the policy expire or be cancelled or terminated. (f) (i) The owner of a vicious dog shall take all necessary steps to ensure that it does not bite, chase or attack any human or other animal whether the person or animal is on the property of the owner or not, If a Vicious dog bites or attacks a person or animal, the owner shall be guilty of an Offence and subject liable to a fine under this bylaw, exclusive of any other civil actions or penalties.

7 Page 7 (g) (i) When a Vicious dog is on the premises of its owner, it shall be kept confined indoors under the effective control of a person over the age of eighteen (18) 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 dog, and to prevent the entry of persons unauthorized by the Owner, (iii) Any such pen shall have a secure top and sides either; 1. have a secure bottom effectively attached to the sides; or 2. the sides shall be embedded in the ground to a minimum depth of thirty (30) centimetres. When a Vicious Dog is off the premises of the Owner it shall be securely muzzled, and shall be either harnesses 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 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 (i) and. 8. The owner of a dog shall ensure that his/her dog wears a collar and current license tag purchased or assigned for that dog. (i) The Owner of a dog, which the Owner knows or ought to know is a Vicious Dog, shall keep the Vicious Dog in accordance with the provisions of section 7 subsections (e)(f)and (g). If the Enforcement Officer determines on reasonable grounds that a dog is a vicious Dog, either through personal observation or on the bases of facts determined after an investigation initiated by a complaint, he may; (a) give the Owner a Violation Ticket Summons contrary to Section 8(i) of this Bylaw providing for a court appearance before a Justice; require the Owner to keep such dog in accordance with the provisions of section 7 (e)(f)(g)of this bylaw upon the Owner's receipt of the; and inform the Owner that if the Vicious Dog is not kept in accordance with section 7(e)(f)(g) of this bylaw, the Owner will be fined, or subject to enforcement action pursuant to section 20 of this bylaw;

8 Page 8 (iii) Provisions in this Bylaw which apply to Vicious Dogs shall not apply to dogs owned by any Police Service solely by reason of any events or actions which occur while the dogs are engaged in Police work. 9. Upon losing a dog license an owner of a dog shall advise the Municipality office whereby a new tag will be issued to the owner for a fee of ten dollars ($10.00) payable to the Municipal District of Rocky View No No person shall be entitled to a license rebate under this Bylaw. 11. Where a license has been paid by the tender of an uncertified cheque the license is revoked if the cheque is not accepted and cashed by the Bank of which it is issued. ANIMAL CONTROL AUTHORITY Capture and Impound 12. (a) An Enforcement Officer may capture and impound any animal; (i) in respect of which he believes or has reasonable grounds to believe an offence under this Bylaw is being or has been committed. which is required to be impounded pursuant to the provisions of any statute of Canada or of the Province of Alberta, or any regulation made hereunder. An Enforcement Officer, or any person authorized by this bylaw to enforce the provisions contained herein may enter onto the land surrounding any building in pursuit to any animal which has been observed running at large and take such reasonable measures necessary to subdue any animal which is at large, including the use of a tranquillizer equipment and other capture devices. Notwithstanding Section 19 Feral Dogs if located or trapped are to be destroyed forthwith. Controlled Confinement 13. (a) A person who has received a serious wound or the owner of any animal which have received a serious wound and the owner of an animal which has inflicted the serious wound shall promptly report the animal to an Enforcement Officer who may thereupon place the animal under controlled confinement. Any animal so placed shall not be released from controlled confinement except with the written permission of a registered Veterinarian and an Enforcement Officer. At the discretion of the Enforcement Officer such controlled confinement may be on the premises of the owner or, with a registered Veterinarian within the municipality.

9 Page 9 Upon demand made by the Enforcement Officer the owner shall forthwith surrender for quarantine, any animal which has inflicted a serious wound to any person, or animal which the Enforcement Officer has reasonable and probable grounds to suspect of having been exposed to rabies or other disease. The animal may be reclaimed by the owner if: i) adjudged free of rabies or other disease by a registered Veterinarian. ii) confinement expenses are paid; and iii) the licensing provisions of this bylaw are compiled with. iv) meets control guide as per section 7(g) if determined to be a vicious dog Obstruction 14. No person whether or not he is the owner of an animal which is being or has been pursued or captured shall (a) (d) (e) Interfere with or attempt to obstruct a Enforcement Officer who is attempting to capture or who has captured an animal which is subject to being impounded pursuant to the provisions of this Bylaw. Induce the animal to enter a house or other place where it may be safe from capture or otherwise assist the animal to escape capture. Falsely represent themselves as being in charge or control of an animal so as to establish that the animal is not running at large. Unlock or unlatch or otherwise open the vehicle used in controlling or transporting the said animal so as to allow or attempt to allow any animal to escape there from. Provide false information such as to identity (name) and address of owner of animal who is in contravention of this Bylaw. Negligence 15. No person shall (a) Untie, loosen or otherwise force an animal which has been tied or otherwise restrained. Negligently or wilfully open a gate, door or other opening in a fence or enclosure in which an animal has been "confined" and thereby allow an animal to run at large in the Municipal District of Rocky View No. 44 Torment 16. No person shall tease, torment or annoy an animal.

10 Page 10 Notification 17. (a) If the Enforcement Officer knows or can ascertain the name of the owner of any impounded animal, he shall serve the owner with a copy of the Notice in Schedule "A" of this Bylaw, either personally or by leaving or mailing it to the last known address of the owner. An owner of an animal to whom a notice is mailed pursuant to the provisions of Subsection (a) is deemed to have received a Notice within five (5) business days of the time it is mailed. Reclaiming 18. The owner of any impounded animal may reclaim the animal from the place of impoundment by paying the person in authority the fees as set out in the Master Rates Bylaw, as amended from time to time and obtaining the license for such animal should a license be required under this Bylaw. Sale or Destruction 19. The Enforcement Officer shall not sell or destroy an impounded animal until the following conditions are met. (a) Fowl - If an impounded fowl is not reclaimed within a period of four (4) days from the date of impounding the said person in authority may sell or destroy this animal provided the provisions in this bylaw are followed with respect to notice. Animals - After an animal is retained in a place of impoundment for (i) five (5) days after the owner has received notice or is deemed by Section 16 to have received notice that the animal is in impoundment when the name and address of the owner are known, or three (3) days, if the name and address of the owner are not known, or unless the owner of the animal makes arrangements with the person in authority for the further retention of the animal, the person in authority may cause the animal to be sold or destroyed. (d) The Enforcement Officer may retain an animal for a longer period if in his opinion the circumstances warrant the expense. The Enforcement Officer or agent with the S.P.C.A. to which animal has been surrendered to by an Enforcement Officer or member of the public may offer for sale all unclaimed animals which have been in impoundment for (i) Ten (10) days or longer when the name and address of the owner are known.

11 Page 11 three (3) days or longer if the name and address of the owner are not known. (e) (f) The purchaser of an animal from impoundment pursuant to the provisions of this section shall obtain full right and title to it and the former owner of the animal shall cease thereupon. When the Enforcement Officer decides that an animal is to be put to death the owner shall pay to the designated cashier a fee as set out in the Master Rates Bylaw, as amended from time to time. ENFORCEMENT 20. Where an Enforcement Officer has reasonable grounds to believe that a Person has violated any provision of this Bylaw, the Enforcement Officer may commence Court proceedings against such a Person by: (a) Issuing the Person a Violation Ticket pursuant to the provisions of Part 2 of the Provincial Offences Procedure Act; or Swearing out an Information and Complaint against the Person. 21. (a) Where a Enforcement Officer believes that a person has contravened any provision of this bylaw, he may serve upon such person a Violation Ticket in accordance with Part 2 of the Provincial Offences Procedure Act, R.S.A Chapter P-34, or a notice as provided by this section either personally or by mailing or leaving the same at his/her last known address and such service shall be adequate for the purpose of this Bylaw. (d) (e) A notice shall state the section of the Bylaw which was contravened and the amount which is provided in the Master Rates Bylaw, as amended from time to time that will be accepted by the Municipal District of Rocky View No. 44 in lieu of prosecution. Upon production of a notice issued pursuant to this section within ten (10) days from the issue thereof together with the payment to the designated cashier of the Municipal District of Rocky View No. 44 of the fee as provided in the Master Rates Bylaw, as amended from time to time the person to whom the notice was issued shall not be liable for prosecution for the contravention in respect of which the notice was issued. Notwithstanding the provisions of this section, a person to whom a notice has been issued pursuant to this section may exercise his right to defend any charge of committing a contravention of any of the provisions of this Bylaw. where any person contravenes the same provision of this bylaw twice within one twenty-four (24) month period, the specified penalty payable in respect of the second contravention shall double in the amount as shown in accordance with Schedule B of

12 Page 12 this Bylaw in respect of that provision excluding vicious and under sections 6(e), (f) (g) of this bylaw. (f) where any person contravenes the same provision of this bylaw three or more times within one twenty-four (24) month period, the specified penalty payable in respect of the third or subsequent contravention is triple the amount shown in accordance with Schedule B of this Bylaw in respect of that provision excluding vicious and under sections 6(e), (f)and (g) of this bylaw. GENERAL PENALTY PROVISIONS 22. (a) Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable on Summary Conviction to a fine of not more that Two Thousand Five Hundred ($2,500.00) and in default of payment is liable to imprisonment for a term not exceeding six (6) months or to imprisonment for a term not exceeding six (6) months without the option of a fine. (d) the minimum and specified fines on summary conviction in respect to a contravention of this bylaw with respect to a vicious dog(s) and shall be the same amounts shown in accordance with Schedule B of this Bylaw. The levying and payment of any fine or the imprisonment for any period provided in this Bylaw shall not relieve a person from the necessity of paying any fees, charges or costs from which he is liable under the provisions of this Bylaw. A Provincial Judge/Commissioner, in addition to the penalties provided in this Section, may if they consider the offence sufficiently serious direct or order the person that owns, keeps, maintains or harbours 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 Municipal District of Rocky View No. 44, or have the animal destroyed. 23. A Justice, after convicting the owner of a dog of an offence under this Bylaw, may, in addition to any other penalties imposed or orders made, and without further notice or hearing, declare the subject dog a vicious dog, pursuant to the provisions of this Bylaw. SEVERABILITY 24. Each provision of this Bylaw is independent of all other provisions. If any such provision is declared invalid by a Court of competent jurisdiction, all other provisions of this Bylaw will remain valid and enforceable. STRICT LIABILITY OFFENCE 25. It is the intention of Council that all offences created by this Bylaw be interpreted to be strict liability offences.

13 Page That Bylaw C is hereby rescinded. EFFECTIVE DATE 27. This Bylaw comes into force and effect upon the date of its third reading. First reading passed in open Council, assembled in the City of Calgary, in the Province of Alberta this 22nd day of July, 2003, on a motion by Councillor Everett. Second reading passed in open Council, assembled in the City of Calgary, in the Province of Alberta this 22nd day of July, 2003, on a motion by Councillor Konschuk. Permission for third reading was passed unanimously in open Council, assembled in the City of Calgary in the Province of Alberta this 22nd day of July, 2003, on a motion by Councillor Goode. Third and final reading passed in open Council, assembled in the City of Calgary, in the Province of Alberta this 22nd day of July, 2003, on a motion by Councillor Habberfield. REEVE OR DEPUTY REEVE MUNICIPAL SECRETARY

14 Page 14 SCHEDULE "A" THE ANIMAL CONTROL You are hereby notified that an animal bearing License No. for 20 registered under the above name and address, A.D., 20 pursuant to the provisions of Bylaw C of the Municipal District of Rocky View No. 44, and that, unless the said animal was claimed and all impoundment charges are paid, on or before, 20, the said animal will be sold, destroyed or otherwise disposed of pursuant to the said Bylaw. CHIEF CONSTABLE MUNICIPAL DISTRICT OF ROCKY VIEW NO. 44

15 Page 15 SCHEDULE "B" THE ANIMAL CONTROL Minimum and Specified Penalties Section 3(a) Animal running at large Section 4(a)(i) Animal bite or chase person or persons Section 4(a) Animal bite, bark at, or chase livestock, bicycles, or vehicles Section 4(a)(iii) Animal cause public disturbance or barking/howling Section 4(a)(iv)(i) Animal cause damage to property Section 4(a)(iv) Animal causes damage to other animals and/or causes death of another animal Section 4(a)(v) Female dog in season causing a nuisance Section 4(a)(vi) Vicious dog running at large Section 4 Animal cause damage to cemetery/park Section 4 Defecates on property other than owners Section 4(d) Animal upset waste receptacle Section 5 Animal with communicable disease Section 6(f) Give false information when applying for dog licence Section 6(g)(i) Owner must obtain vicious dog licence Section 6(g) Fail to keep vicious dog licence in force Section 6(g)(iii) Person under 18 years of age licence vicious dog Section 6(g)(iv) Fail to display Beware of Dog warning sign for vicious dog Section 6(g)(v) Fail to notify M.D. of possession of vicious dog Section 7(a) Dog must be licenced Section 7 Dog must be licenced at 3 months of age Section 7 Dog must be licenced as soon as owner obtains dog Section 7(d)(i) Owner of vicious dog must have insurance policy Section 7(d) Fail to notify M.D. in writing when insurance policy is cancelled $ $ $ $ $ $500.00

16 Page 16 Section 7(e)(i) Failure to take precautions to ensure vicious dog does not bite or chase or attack human or animal Section 7(e) Vicious dog attack person or animal Section 7(f)(i) Owner of vicious dog to keep dog under control Section 7(f) Vicious dog pen not to standards Section 7(f)(iii) Vicious dog to be properly confined or muzzled Section 8 Dog to wear licence tag Section 14 Obstruct a Peace Officer or cause interference Section 15 Negligence by other person releasing a confined dog Section 16 Torment of an animal Section 20(e) Second offence within 24 months Section 20(f) Third offence within 24 months Fowl Fees Impoundment Fees Care and Subsistence Veterinary Fees $1, $ $50.00 $ $ $ Double first offence specified penalty Triple first offence specified penalty $25.00 $7.00 Actual costs incurred by Municipality