TOWN OF COCHRANE Bylaw No. 11/2005 Being a Bylaw to provide for licensing, regulation and control of animals in the Town of Cochrane, Province of Alberta WHEREAS: AND WHEREAS: AND WHEREAS: Pursuant to the provisions of the Municipal Government Act, Statutes of Alberta, RSA 2000 and amendments thereto, Council may pass a Bylaw for the purpose of regulating and controlling animals and activities in relation to them; It is deemed necessary and expedient to pass a Bylaw to regulate and control animals; Council has deemed it necessary to rescind and replace Bylaws No.12/03, 10/03 and 17/99. NOW, THEREFORE, THE MUNICIPAL COUNCIL OF THE TOWN OF COCHRANE, IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED, ENACTS AS FOLLOWS: 1. TITLE 1.1 This Bylaw may be cited as The Animal Bylaw. 2. DEFINITIONS 2.1 animal, for the purpose of this bylaw, means cat or dog as defined later in the bylaw; (d) (e) (f) (g) (h) Animal Control Oficer/Bylaw Enforcement Oficer/Special Constable means a person engaged by the Town to carry out the provisions of this Bylaw; cat means a member of the feline family; dog means a member of the canine family; leash means a chain or other material capable of restraining a dog; license tag means an identification tag issued by the Town showing the license number for a specific dog and is intended to be worn on a collar attached to the dog s neck at al times; mature dog means a dog more than one (1) year old; of-leash area means an area designated by signs posted pursuant to section 9.1 of this Bylaw, where dogs are permitted to be off leash, but under the control of the owner at all times;
Bylaw No. 11/2005 Animal Bylaw Page 2 of 14 (i) (j) (k) (l) (m) (n) (o) owner means a natural person or body corporate who has legal title to an animal, and includes any person who has possession or custody of an animal, either temporarily or permanently, or harbors an animal, or allows an animal to remain on his premises; Provincial Court means The Provincial Court of Alberta; running at large means an animal that is not on a leash, except when an animal is under control of a responsible person or owner on his private property or when a dog is within a designated off-leash area; shelter means a Town facility established for holding of impounded animals as set out in this Bylaw; Town means the municipal corporation of the Town of Cochrane; under control means a dog that returns to its owner immediately when called or when commanded to do so, and that does not interfere with any other person or dog; vicious dog means a dog, whatever its age, whether on public or private property, which has: i. chased, injured or bitten any other domestic animal or human; or ii. iii. iv. damaged or destroyed any public or private property; or threatened or created the reasonable apprehension of a threat to other domestic animals or humans; and which in the opinion of the Provincial Court, presents a threat of serious harm to other domestic animals or humans; or been previously determined to be a vicious dog by the Provincial Court. 3. RESPONSIBILITIES OF ANIMAL OWNERS 3.1 The owner of an animal: except as provided in section 9.1, shall ensure that the animal is not running at large; shall ensure that the dog is under control in any areas which the Community and Protective Services Director and Animal Services have designated pursuant to section 9.1; shall not keep more than three (3) mature dogs per household. 3.2 If an animal defecates on any public or private property other than the property of its owner, the owner shall remove such defecated matter immediately. 4. NUISANCE 4.1 The owner of an animal shall ensure that such animal shall not: i. bite a person whether on the property of the owner or not;
Bylaw No. 11/2005 Animal Bylaw Page 3 of 14 ii. do any other act that causes injury to a person whether on the property of the owner or not; iii. chase or otherwise threaten a person whether on the property of the owner or not, unless the person chased or threatened is a trespasser on the property of the owner; iv. bite, bark at, or chase stock, bicycles, automobiles, or other vehicles; v. bark, howl or otherwise disturb any person; vi. cause damage to personal property, or injure/kill any other animal, or injure/kill any other domestic or wild mammal or bird; vii. upset any waste receptacles or scatter the contents thereof either in or about a street, lane, or other public property or in or about premises not belonging to or in the possession of the owner of the animal; or viii. being a female animal which is in season, be kept at any location where the animal is a source of attraction to other animals. 5. COMMUNICABLE DISEASES 5.1 An owner of an animal which is suffering from a communicable disease, shall: (d) not permit the animal to be in any public place; not keep the animal in contact with or in proximity to any other animal free of such disease; keep the animal locked or tied up; and 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 Town of Cochrane Animal Services Department. 6. LICENSING 6.1 The owner of a dog or vicious dog shall annually purchase a dog license for each dog owned by him at the annual fee as set out in Schedule A of this Bylaw, on or before: January 31 st ; or thirty (30) days following the dog having attained three (3) months of age; or thirty (30) days after the owner becomes owner of the dog, whichever date is the later. 6.2 A person shall not keep a dog or allow same to reside within the Town unless the dog has been licensed pursuant to this Bylaw. 6.3 Notwithstanding subsection 6.1 where the Animal Control Officer is satisfied that a person who is blind or whose vision is impaired is the owner of a dog,
Bylaw No. 11/2005 Animal Bylaw Page 4 of 14 trained and used as a guide-dog or a registered companion dog, there shall be no fee payable by the owner for a license under this subsection. 6.4 The owner of a dog shall obtain a license for it notwithstanding that it is under the age of three (3) months, where the dog is apprehended and impounded. 6.5 Upon losing a dog license, an owner of a dog may obtain a license replacement for a fee as set out in Schedule A of this Bylaw. 6.6 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. 6.7 When the dog is off the property of the owner, the owner of a dog shall ensure that the dog wears a collar and current license tag purchased or assigned for that dog. 7. DOGS IN TRUCKS 7.1 No persons shall allow a dog to be outside of the passenger cab of a motor vehicle on a roadway, regardless of whether the motor vehicle is moving or parked; (d) Notwithstanding, a person may allow a dog to be outside the passenger cab of a motor vehicle, including riding in the back of a pickup truck or flat bed truck if the dog is: i. in a fully enclosed trailer; ii. in a topper enclosing the bed area of a truck; iii. contained in a ventilated kennel or similar device securely fastened to the bed of the truck; or iv. securely tethered in such a manner that it is not standing on bare metal, cannot jump or be thrown from the vehicle, is not in a danger of strangulation, and cannot reach beyond the outside edges of the vehicle. For the purpose of this section, roadway means any street or highway, whether publicly or privately owned, any part of which the public is ordinarily entitled or permitted to use for the passage or parking of vehicles; The owner of a vehicle involved in an offence referred to in this section is guilty of the offence, unless that vehicle owner satisfied the Court that the vehicle was: i. not being driven or was not parked by the owner, and ii. that the person driving or parking the vehicle at the time of the ofence did so without the vehicle owner s express or implied consent. 8. VICIOUS DOGS 8.1 The owner of a vicious dog shall ensure:
Bylaw No. 11/2005 Animal Bylaw Page 5 of 14 (d) (e) That such dog does not: i. chase a person; ii. injure a person; iii. bite a person; iv. chase other domestic animals; v. injure other domestic animals; or vi. bite other domestic animals. That such dog does not damage or destroy public or private property; That when such dog is on the property of the owner: i. either such dog is confined indoors and under the control of a person over the age of eighteen (18) years, or ii. when the dog is outdoors, it is in a locked pen or other structure constructed to prevent the escape of the vicious dog and capable of preventing the entry of any person not in control of the dog, or iii. such dog is kept as if the provisions of section 7.1(d) applied to iv. such dog while on the property of the owner; the locked pen or other structure shall have secure sides and a secure top, and if it has no bottom secured to the sides, the sides must be embedded in the ground to a minim depth of thirty (30) centimeters; v. the locked pen or other structure shall provide the vicious dog with shelter from the elements and be of the minimum dimensions of one and one-half (1.5) metres by three (3) metres and be a minimum one and one-half (1.5) metres in height; vi. the locked pen or other structure shall not be within one (1) metre of the property line or within five (5) metres of a neighbouring dwelling unit. That at all times, when off the property of the owner, such dog is securely: i. muzzled; ii. harnessed or leashed on a lead which length shall not exceed one (1) metre in a manner that prevents it from chasing, injuring or biting other domestic animals or humans as well as preventing damage to public or private property; and iii. under the control of a person over the age of eighteen (18) years. That such dog is not running at large. 8.2 The owner of a vicious dog shall: obtain a vicious dog license on or before the fifth day on which the Town office is open for business after the dog has been declared as vicious; be over the age of eighteen (18) years; obtain a license on the first day on which the Town office is open for business after he becomes the owner of the vicious dog;
Bylaw No. 11/2005 Animal Bylaw Page 6 of 14 (d) (e) (f) (g) thereafter obtain the annual license for the vicious dog on such day specified in section 6.1; notify the Animal Control Officer should the dog be sold, gifted, or transferred or deceased; remain liable for the actions of the dog until formal notification of sale, gift or transfer is given to the Animal Control Officer; and notify the Animal Control Officer if the dog is running at large. 8.3 The owner of a vicious dog shall ensure that the dog wears the current license tag purchased for that dog at all times. 8.4 The owner of a vicious dog shall within three (3) days after the dog has been declared vicious have a licensed veterinarian tattoo or implant an electronic identification microchip in the animal and provide the copy of the information contained thereon to the Animal Control Officer in order that a license can be issued pursuant to section 8.2. 8.5 The owner of the dog alleged to be vicious shall be provided notice of the hearing for the said determination by the Provincial Court at least ten (10) clear days before the date of the application. 8.6 Upon application, if it appears to the Court that the dog should be declared to be a vicious dog, the Court shall make an order in a summary way declaring the dog to be a vicious dog. 9. ANIMAL CONTROL AUTHORITY 9.1 An Animal Control Officer, or a member of the RCMP may capture and impound any animal: i. which is observed or found running at large; or ii. 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 thereunder. An Animal Control Officer or an RCMP Officer 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 tranquilizer equipment and other capture devices; The Community and Protective Services Director and Animal Services in consultation with the Town Council, may designate areas where dogs are permitted to run when off leash, and may designate areas where organized and controlled canine events may be held by causing signs to be posted in such areas indicating such designations. 10. OBSTRUCTION
Bylaw No. 11/2005 Animal Bylaw Page 7 of 14 10.1 No person whether or not he is the owner of an animal, which is being or has been pursued or captured, shall: (d) interfere with or attempt to obstruct an Animal Control Officer or RCMP Officer who is attempting to capture or who has captured an animal which is subject to being impounded pursuant to the provisions of the 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; or 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 from. 11. INTERFERENCE 11.1 No person shall: untie, loosen or otherwise free an animal, which has been tied or otherwise restrained; or negligently or willfully open a gate, door or other opening in a fence or enclosure in which an animal has been confined, and thereby alow an animal to run at large in the Town of Cochrane. 12. TORMENT 12.1 No person shall abuse, tease, torment or annoy an animal. 13. RECLAIMING 13.1 The owner of any impounded animal may reclaim an animal from the animal shelter by paying, during regular office hours, and in acceptable form, the fees as set out in Schedule A of this Bylaw for impoundment, care and subsistence, license and veterinarian services. 14. ADOPTION OR DESTRUCTION 14.1 Any veterinary surgeon, being properly and fully qualified as required by the Province of Alberta, may destroy any animal delivered to the veterinarian after injury to the animal, providing the said injury is determined by the veterinarian to be of such serious nature, based upon his professional opinion, that the animal must be destroyed immediately and such costs of destruction may be billed to the Town, and the Town is at liberty to take all steps considered necessary to recover such costs from the owner of the animal;
Bylaw No. 11/2005 Animal Bylaw Page 8 of 14 Apprehended animals will be retained in the animal shelter for three (3) working days and unless the owner of the animal reclaims the animal or makes satisfactory arrangements with the Town for the further retention of the animal, the Animal Control officer may cause the animal to be adopted or destroyed; (d) (e) (f) All animals over which the Animal Control Officer, under this section, has the power to have adopted or destroyed, become the property of the Town and may be so disposed of in any manner provided for under this Bylaw, and where it is necessary to have an animal destroyed, the animal shall be destroyed in a humane manner; The Animal Control Officer may retain an animal for a longer period than provided for in subsection, if in his opinion the circumstances warrant the expense; The recipient of an animal from the animal shelter pursuant to the provisions of this section, shall obtain full right and title to it, and the right and title of the former owner shall cease thereupon; All or any monies received for licensing, impoundment fees, veterinary services or sale of an animal become part of the general revenue of the Town and shall be deposited at the Town office. 15. PENALTIES 15.1 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 than TWO THOUSAND FIVE HUNDRED ($2500.00) DOLLARS and not less than SEVENTY-FIVE ($75.00) DOLLARS and in default of payment is liable to imprisonment for a term not exceeding SIX (6) MONTHS. 15.2 Notwithstanding Section 15.1 of this Bylaw, the minimum fine on summary conviction in respect to a contravention of this Bylaw in relation to a Section 8 (vicious dog) offence shall be TWO HUNDRED FIFTY ($250.00) DOLLARS. 15.3 The levying and payment of any penalty, or the imprisonment for any period as provided for 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. 15.4 A Provincial Court Judge or Justice, in addition to the penalties provided for in this Bylaw may, if the offence is considered to be sufficiently serious, direct or order the owner of the animal convicted of the offence to: take measures to stop the animal from doing mischief or causing the disturbance or nuisance complained of; have the animal removed from the Town of Cochrane; or have the animal humanely destroyed.
Bylaw No. 11/2005 Animal Bylaw Page 9 of 14 15.5 A Provincial Court Judge or Justice, after entering a conviction against the owner of the orders made, and without further notice or hearing, declare the subject dog to be a vicious dog as defined by this Bylaw. 16. ENFORCEMENT PROCEDURES 16.1 Where an Animal Control Officer/Bylaw Enforcement Officer/Special Constable 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. 2002, c.p-34. 16.2 The specified penalty payable in respect of a contravention of a provision of this Bylaw is the amount provided for in Schedule B of this Bylaw in respect of that provision. 16.3 Where any person contravenes the same provision of this Bylaw twice within one TWELVE (12) month period, the specified penalty payable in respect of the second such contravention shall be double the amount provided for in Schedule B of this Bylaw. 16.4 Where any person contravenes the same provision of this Bylaw three or more times within one TWELVE (12) month period, the specified penalty payable in respect of the third and subsequent such contravention shall be triple the amount provided for in Schedule B of this Bylaw. 16.5 Notwithstanding Section 16.1, an Animal Control Officer/Bylaw Enforcement Officer/Special Constable may issue, by personal service or regular mail, a Bylaw Violation Tag, in a form as approved by the Town, to any person alleged to have contravened any provision of this Bylaw. 16.6 The penalty in lieu of prosecution payable in respect of a contravention of this Bylaw, to be indicated on any such Bylaw Violation Tag issued, is the amount provided for in Schedule B of this Bylaw. 16.7 A person who has been issued a Bylaw Violation Tag in respect of a contravention of a provision of this Bylaw, and who has fully paid the penalty as indicated to the Town within the time allowed for payment, shall not be liable to prosecution for the subject contravention. 17. GENERAL 17.1 That Schedules A and B may, from time to time, be amended by resolution of Council. 17.2 That whenever the singular and masculine gender is used in this Bylaw, the same shall include the plural, feminine and neuter gender whenever the context so requires.
Bylaw No. 11/2005 Animal Bylaw Page 10 of 14 17.3 No action for damages shall be taken against the Town or any person acting under the authority of this Bylaw in respect of the destruction, sale or other disposal of any animal impounded pursuant to this Bylaw. 17.4 It is the intention of the Council of the Town of Cochrane that all offences created pursuant to this Bylaw be construed and considered as being Strict Liability Offences. 17.5 It is the intention of the Council of the Town of Cochrane that each section of this Bylaw should be considered as being separate and severable from all other sections. Should any section or part of this Bylaw be found to have been improperly enacted, then such section or part shall be regarded as being severable from the rest of this Bylaw and that the Bylaw remaining after such severance shall be effective and enforceable. 17.6 This Bylaw shall come into effect as of January 1, 2006, and Bylaws No.12/03, 10/03 and 17/99 are hereby repealed upon this Bylaw coming into effect. Given First Reading October 11, 2005 Given Second Reading November 28, 2005 Given Third Reading November 28, 2005 Mayor Municipal Clerk
Bylaw No. 11/2005 Animal Bylaw Page 11 of 14 SCHEDULE A Charges 1. Annual License Dog male or female $ 35.00 Dog neutered male or spayed female $ 25.00 Vicious Dog $250.00 Replacement $ 5.00 2. Impoundment Fees First Impoundment $ 60.00 Second Impoundment (within one (1) year) $ 75.00 Third Impoundment (within one (1) year) $100.00 Fourth and Subsequent Impoundment $125.00 (within one (1) year) 3. Veterinary Services As incurred
Bylaw No. 11/2005 Animal Bylaw Page 12 of 14 SCHEDULE B Penalties * Column A indicates penalties in lieu of prosecution * Column B indicates specified penalties for violation tickets issued pursuant to this Bylaw. Description A B Section 3 Responsibilities of Animal Owner 3.1 Running at large $100.00 $150.00 Dog not under control in a designated area $100.00 $150.00 More than three (3) mature dogs per household $100.00 $150.00 3.2 Defecation $150.00 $200.00 Section 4 - Nuisance 4.1 i. Biting a person $350.00 $450.00 ii. Injuring a person $250.00 $300.00 iii. Chasing a person $200.00 $250.00 iv. Biting, barking at, chasing stock, bicycle, automobiles or other vehicles $200.00 $200.00 v. Barking, howling or causing disturbance $100.00 $150.00 vi. Damage to property or other animal $250.00 $350.00 vii. Upsetting waste receptacles $100.00 $150.00 viii.female animal in season kept improperly $100.00 $150.00 Section 6 - Licensing 6.2 Unlicensed dog $150.00 $200.00 6.7 Fail to wear collar and license tag $100.00 $150.00 Section 7 Dogs in Trucks 7.1 Dog outside cab of vehicle $100.00 $150.00 Section 8 Vicious Dogs 8.1 (i)(ii)(iv)(v) Vicious dog chasing or injuring a person or other $1,500.00 $2,000.00 domestic animals 8.1 (iii)(vi) Vicious dog biting a person or other domestic $1,500.00 $2,000.00 animals 8.1 Vicious dog damaging or destroying public or $1,000.00 $1,500.00 private property 8.1 Failure to keep a vicious dog properly contained $1,000.00 $1,500.00 8.1(d) Failure to keep a vicious dog muzzled, harnessed $1,000.00 $1,500.00 or leashed properly when off the property of the owner 8.1(e) Vicious dog running at large $1,000.00 $1,500.00 8.2(d) Failure to obtain a vicious dog license or renew as required $1,000.00 $1,500.00 8.2(e)(g) Failure to notify Animal Control Officer if the dog $ 250.00 $ 350.00
Bylaw No. 11/2005 Animal Bylaw Page 13 of 14 is sold, gifted, transferred or deceased or running at large 8.3 Fail to wear current license tag for vicious dog $ 500.00 $ 650.00 8.4 Failure to tattoo or implant dog with electronic identification microchip $ 250.00 $ 350.00 Section 10 Obstruction 10.1 Obstruction $ 500.00 $650.00 Section 11 Interference 11.1 Interference $ 250.00 $350.00 Section 12 Torment 12.1 Tormenting $ 500.00 $650.00
Bylaw No. 11/2005 Animal Bylaw Page 14 of 14 Town of Cochrane Bylaw No. 11/2005 Effective January 1, 2008 SCHEDULE A 1. Annual License Animal male or female $ 45.00 Animal neutered male or spayed female $ 30.00 Vicious Dog $250.00 Replacement $ 5.00 2. Impoundment Fees First Impoundment $ 60.00 Second Impoundment (within one (1) year) $ 75.00 Third Impoundment (within one (1) year) $100.00 Fourth and Subsequent Impoundment $125.00 (within one (1) year) 3. Veterinary Services As incurred