TOWN OF CANMORE

 

            BYLAW 03-2002

 

            PROVINCE OF ALBERTA

 

 

BEING A BYLAW TO PROVIDE FOR THE REGULATION AND CONTROL OF DOGS AND OTHER DOMESTIC ANIMALS WITHIN THE TOWN OF CANMORE, IN THE PROVINCE OF ALBERTA

 

WHEREAS

 

 

The Council of the Town of Canmore deems it necessary to regulate Dogs, provide for the licensing, confinement and control of Dogs and to regulate and control other Domestic Animals within the Town.

 

NOW THEREFORE

 

 

The Council of the Town of Canmore, in the Province of Alberta, duly assembled, and pursuant to the authority conferred upon it by the Municipal Government Act, S.A. 1994, c.M-26.1, as amended, (the "MGA ") enacts as follows:

 

 

1.         This Bylaw may be cited as the " Domestic Animal Control Bylaw".

 

 

2.         Definitions

 

2.1.      "Conservation and Animal Services Officer “ includes a Bylaw Enforcement Officer duly appointed by the Town pursuant to the MGA, a Peace Officer, or an employee of a Corporation retained by the Town to enforce this Bylaw. A Conservation and Animal Services Officer is a designated officer of the Town, pursuant to section 210 of the MGA and is empowered to exercise the powers, duties and functions referred to under this Bylaw and the MGA.

 

2.2.      "At Large" includes:

           

(a)  a Domestic Animal, when at any place other than the Property of the Owner, is not, at all times, under the control of the Owner or an individual capable of exercising and maintaining control  of that Domestic Animal and is not restrained by a Permitted Leash, attached to a choke chain, collar or harness securely holding that Domestic Animal and held by the Owner or an individual capable of exercising and maintaining control of that Domestic Animal; or

         

(b)  a Domestic Animal which, although under the control of the Owner or an individual capable of exercising and maintaining control of that Domestic Animal, causes damage or injury to individuals, Public or Private Property or other Domestic Animals or Wildlife.

 

2.3       “Bait” means any food, waste, salt lick, pet food or any other substance that may or does attract Domestic Animals or Wildlife.

 

2.4       "Cat" or "Cats" means either the male or female of any domesticated feline species;

 

2.5      "Chief Administrative Officer" means the Chief Administrative Officer for the Town or his or her designate.

 

2.6       "Controlled Confinement" means when a Domestic Animal is confined in a pen, cage or building or securely tethered in a manner that will not allow that Domestic Animal to bite or harm any individual, Domestic Animal or Wildlife.

 

2.7     "Council" means the Council of the Town;

 

 

2.8       “Damage to Public or Private Property” includes defecating or urinating on such Property;

 

 

 

2.9       "Dog" or "Dogs" means either the male or female of   any domesticated canine species, and includes a Vicious Dog;

 

 

2.10     "Domestic Animal" includes:

 

2.10.1     an animal that has been domesticated for agricultural use; or

 

2.10.2    an animal that has been domesticated and kept as a pet; or

 

2.10.3     a Cat; or

 

2.10.4     a Dog.

 

2.11     "Kennel" means any place, owned by any individual, group of individuals, or corporation engaged in the commercial business of breeding, buying, selling, training or boarding Dogs; and includes kennel as defined in the Land Use Bylaw;

 

2.12     "Land Use Bylaw" means the Town's Land Use Bylaw 09 -99, and any Amendments thereto;

 

2.13     “Licence” means a Licence issued under this Bylaw.

 

2.14     "Licence Tag" means an identification tag of metal or other material issued by the Town showing the licence number for a specific Dog;

 

2.15     “Licence Fee” means the fee payable to license a Dog under this Bylaw, for the Licence Period.

 

2.16     “Licence Period” means a period of either one calendar year or three consecutive calendar years, or any portion thereof, whichever is requested by an Owner of a Dog.

 

2.17     "Licensed and Neutered/Spayed Dog" means a Dog that has been surgically altered so offspring may not be produced.

 

2.18     "Medical Officer of Health for the Town" means an individual designated by the Regional Health Authority or designated by the Minister under the Public Health Act as a Medical Officer of Health;

 

2.19     "Motor Vehicle" means a vehicle propelled by any power other than muscular power;

 

2.20     "Owner” includes;

 

2.20.1     a person who has possession or control of a Domestic Animal;

 

2.20.2     a person who owns or who claims any proprietary interest in a Domestic Animal;

 

2.20.3     a person who harbors, suffers or permits a Domestic Animal to be present on any property owned or under his control;

 

2.20.4     a person who claims and receives a Domestic Animal from the custody of the Town Shelter or a Conservation and Animal Services Officer; or

 

2.20.5     a person to whom a Licence Tag was issued for a Dog in accordance with this Bylaw;

 

While the Property of the Owner means any property owned by the Owner or in respect of which the Owner has a right of occupation, excluding Public Property.

 

 

2.21     "Park" includes:

 

2.21.1     any land developed, used or managed by the Town as a public park, sport athletic field, playground, tennis court, skateboard park, recreational area or facility, the title, leasehold title or licence of occupation of which is vested in the name of the Town;

 

2.21.2     any land acquired by the Town through subdivision as municipal reserve or environmental reserve, unless otherwise directed by Council;

 

2.21.3     any building or structure under the control of the Town including arenas, Town Hall, or any other building or structure in which the public is permitted to access;

 

2.21.4     any land provided for and developed as a vehicular parking lot at a Park;

 

2.21.5     any land designated by resolution of Council as a Park for the purpose of this Bylaw;

 

2.21.6     any land developed by the Town as a pathway in its trail systems and any Town owned property abutting the pathway;

 

2.21.7     a joint use site or school grounds;

 

2.21.8     any land within the Town that is not privately owned or leased;

 

2.21.9     any land acquired by the Town as municipal reserve, public utility, or environmental reserve, as defined in the MGA.

 

2.22     "Peace Officer" means a Special Constable duly appointed pursuant to the Police Act, S.A. 1988, c-P-12.01;

 

2.23     "Permitted Leash" means a leash, of no more than eight two meters in length, which is adequate to control a Dog.[COMMENT1] 

 

2.24     "Prohibited Animal" means:

 

2.24.1     a cow, goat, sheep, or pig;

 

2.24.2     a chicken (or other poultry), duck or goose;

 

2.24.3     any Wildlife

 

2.25     "Private Property" means any land, other than Public Property and includes all buildings, chattels and fixtures located thereon.

 

2.26     "Public Property" means any land owned by or under the direction, management and control of the Town, other than Private Property, and includes all buildings, chattels and fixtures located thereon.

 

2.27     "Secure Enclosure" means a building, cage or fenced area of such construction that will not allow the confined Domestic Animals to jump, climb dig or force their way out, or allow entry of young children.

 

2.28     "Serious Wound" means an injury resulting from a Domestic Animal bite which causes the skin to be broken or the flesh to be torn.

 

2.29     “Threaten” is defined as any Dog who bares teeth, growls, bites, makes aggressive movements such as circling and/or lunging.

 

2.30     “Trapping Device” means a device used to capture a Domestic Animal and includes a leg hold, killing trap, snare or any other equipment used as a trap.

 

2.31     "Town" means the Town of Canmore.

 

2.32     "Town Shelter" means the premises designated by the Town for impoundment and care of Domestic Animals.

 

2.33     "Unlicensed Dog" means either the male or female of any domesticated canine species, which is not the holder of a valid Licence issued by the Town.

 

2.34     “Unsanitary Condition” means an excessive accumulation of fecal matter, an objectionable odor, or insect or rodent infestation that is, in the opinion of the Medical Officer of Health for the Town, a danger, or potential danger, to the health, comfort or well being of any Domestic Animal or individual.

 

2.35     “Vicious Dog" includes any Dog which

 

2.35.1     has a known propensity, tendency or disposition to attack, without provocation, other Domestic Animals, Wildlife or Individuals;

 

2.35.2     has, without provocation, inflicted a Serious Wound upon another Domestic Animal, Wildlife or an Individual;

 

2.35.3     has been the subject of an order of direction of a Justice, under the Dangerous Dogs Act, R.S.A. 1980 C. D-3.

 

2.36     "Violation Tag" means a tag or similar document issued by the Town pursuant to the MGA;

 

2.37     "Violation Ticket" means a ticket issued pursuant to Part II of the Provincial Offences Procedure Act, S.A. 1997,C. P-21.5, as amended, and regulations thereunder.

 

 

2.38     "Wildlife" includes big game, birds of prey, fur-bearing animals, migratory game birds, non-game animals, non-licence animals and upland game birds, and includes any hybrid offspring resulting from the crossing of two wild animals.

 

 

2.39    In this Bylaw, unless the contrary expressly appears, an Owner is responsible for his Domestic Animal, irrespective of whether the Owner is in actual control of his Domestic animal, and any individual who is in control of that Domestic Animal, other than the Owner, is presumed to be in control of that Domestic Animal with the permission of that Owner.

 

 

2.40    In this Bylaw, a person will be deemed in possession of a Domestic Animal if that person has the physical or effective control of the Domestic Animal, notwithstanding that person having given such control to another person for a period of time. In the event that two or more persons have the physical or effective control of a Domestic Animal, that Domestic Animal will be deemed to be in possession of both of them.

 

 

3.                     Licensing Provisions

 

3.1       An Owner of a Dog that is less than six (6) months old is not required to obtain a Licence until that Dog becomes six (6) months of age, at which time the Owner of such Dog must obtain a Licence for the Dog for the Licence Period, pursuant to this Bylaw.

 

3.2       Subject to 3.1 hereof, every individual resident in the Town who is the Owner of a Dog, must obtain a Licence for that Dog for the Licence Period.

 

3.3       Subject to 3.1 hereof, every individual resident in the Town who becomes the Owner of a Dog after the first day of January in any year, or an individual who takes up residence within the Town and who is the Owner of a Dog, must obtain a Licence for the Licence Period, within fifteen days of becoming the Owner of a Dog, or being the Owner of a Dog, taking up residence within the Town.

 

 

3.4       An Owner of a Dog must provide the following information with each application for a Licence:

 

3.4.1       his name, telephone number, both home business and cellular, and street address of the Owner;

 

3.4.2       the name and description of the Dog to be licensed;

 

3.4.3       the breed or breeds of the Dog;

 

3.4.4       the date of registration of the Dog (if any);

 

3.4.5       whether the Dog has been previously licensed;

 

3.4.6       any registration tattoos for the Dog;

 

3.4.7       whether the Dog has been neutered or spayed;

 

3.4.8       the age of the Dog; and

 

3.4.9       such other information as may be required by the Chief Administrative Officer in respect to the application.

 

3.5       The Owner of a Dog must produce a declaration or other documentation, acceptable to the Conservation and Animal Services Officer or the Chief Administrative Officer, verifying the information referred to in Section 3.4, if required to do so by a Conservation and Animal Services Officer or the Chief Administrative Officer.

 

3.6       A Licence may be transferred from one Owner of a Dog to another, in respect of the same Dog, upon completion of the application and payment of the fee prescribed in this Bylaw or its Schedules.

 

 

 

 

3.7       Upon payment of the Licence Fee, and providing the information required under Section 3.4, the Owner of a Dog will be supplied with a Licence Tag having a number which will remain registered to that Dog for the Licence Period.

 

 

3.8       Every Owner of a Dog must ensure that the Licence Tag is securely fastened to a choke chain, collar or harness worn by the Dog with the Licence Tag to be worn by the Dog at all times unless that Owner has the Licence Tag number tattooed in the Dog's ear or groin, which may be done by the Owner solely at the Owner's expense.

 

 

3.9       The Owner of a Dog must forthwith obtain a replacement   Licence Tag in the event that the Licence Tag issued to that Owner for that Dog is lost.

 

 

3.10     The provisions of Sections 3.1 to 3.09 inclusive will not apply to:

 

3.10.1     individuals temporarily visiting the Town not more than once per year for a period not exceeding ninety-six (96) hours, or such longer period as may be permitted by a Conservation and Animal Services Officer;

 

3.10.12   holders of a valid development permit, issued pursuant to the Land Use Bylaw, authorizing operation of a Kennel; or

 

3.10.23   disabled individuals holding an identification card proving ownership of a guide Dog for their use.

 

 

3.11     No person is entitled to a refund, rebate or prorating for any Licence Fee.

 

3.12     Where a Licence Fee has been paid by cheque, the Licence is:

 

3.12.1     issued subject to the cheque being honoured by the financial institution against which it is drawn; and

 

3.12.2     automatically suspended if the cheque is not honoured until the Licence Fee is paid.

 

 

3.13     A Conservation and Animal Services Officer may, having reasonable cause to do so by following and documenting all the preset criteria in the staff policy guidelines, declare a Dog to be a Vicious Dog, and must so inform the Owner of that Dog in writing. In such event, the Licence issued to that Dog will be deemed cancelled upon receipt, by the Owner, of that notice, and that Owner must forthwith obtain a Licence for that Dog.

 

 

3.14     Any Owner of a Cat may voluntarily license their Cat for a one-time fee of $25.00. This voluntary licence will enhance the Town’s ability to ensure the safe return of a pet should it come into the possession of the Town of Canmore through Animal Control Personnel.

 

 

4.         Domestic Animal Provisions

 

4.1      An Owner must ensure that his Domestic Animal is not At Large at any time.

 

4.2      An Owner must ensure that his Domestic Animal does not, at any time,

 

4.2.1       attack any individual;

 

4.2.2       threaten any individual;

 

4.2.3       chase a Motor Vehicle;

 

4.2.4       chase any individual on bicycle, horseback, or while walking or running; or

 

4.2.5       attack, harass, injure or kill another Domestic Animal, Prohibited Animal, Wildlife or individual.

 

4.2.6       upset any waste receptacles or scatter the contents thereof either in or about any street, lane, Park, Public Property Area or upon other property.

 

4.2.7       remain unattended in any Motor Vehicle unless the Domestic Animal is restricted so as to prevent access to individuals, provided that at all times the Domestic Animal has suitable ventilation.

 

 

4.3       An Owner of a female Dog or Cat must ensure that such Dog or Cat is housed and confined in a building during the whole period such female Dog or Cat is in heat, except that the female Dog or Cat may be allowed outside the said building  under control and on a permitted leash at all times when off the Owner’s property for the purpose of exercise and elimination ,for a reasonable period for the sole purpose of eliminating on the Property of the Owner;

 

4.4       No Owner will permit or allow his Domestic Animal to bark or howl excessively or otherwise disturb the quiet or repose of any individual at any time. No person will be charged with this offense unless two or more people from different households within the same neighbourhood are willing and able to give statements and testimony in  any court proceedings arising from the charge.

 

 

4.5       No Owner will permit or allow his Domestic Animal to cause damage to Public or Private Property.

 

4.6       An Owner, whose Domestic Animal defecates on any Private or Public Property, other than the Property of the Owner, must ensure that such defecation is removed immediately, and placed into a waste receptacle.

 

4.7       No Owner will permit his property to be or remain in an Unsanitary Condition at any time.

 

4.8       No Owner of a Dog will permit his Dog to be in an area where the presence of Dogs, whether At Large or under control, is prohibited.

 

 

4.9       No Owner of a Dog will permit or allow his Dog to be in a Park where Dogs are prohibited.

 

4.10     No Person will harbor, suffer or permit more than    three (3) Dogs to be on his Property at any time.

 

This section does not apply to Property lawfully used for the care and treatment of Dogs, operated by, or under the charge of, a licenced Veterinarian, nor to any Property which is temporarily being used for the purpose of a Dog show, nor to any individual in possession of a valid and subsisting development permit to operate a Kennel or other Dog operation, as authorized under the Town's Land Use Bylaw;

 

 

4.11     No Person will harbor, suffer or permit more than three (3) Cats to be on his Property at any time.

 

This section does not apply to premises lawfully used for the care and treatment of Cats, operated by, or under the charge of, a licenced Veterinarian, nor to any Property, which is temporarily being used for the purpose of a Cat show.

 

4.12     No Person will harbor, suffer or permit more than two (2) rabbits to be on his Property at any time.

 

This section does not apply to Property lawfully used for the care and treatment of rabbits, operated by, or under the charge of, a licenced Veterinarian

 

 

4.103   No person will interfere with, hinder or impede a Conservation and Animal Services Officer in the performance of any duty by that Conservation and Animal Services Officer under this Bylaw;

 

4.114   The Town may post signs indicating Public Property within the Town where Dogs are not permitted. The Town may designate Public Property where Dogs are permitted to be off-leash, and may designate Public Property where causing signs to be posted indicating such designations may hold organized canine events. On Public Property where Dogs are permitted to be off-leash, an Owner of a Dog must, at all times;

 

 

4.114.1   supervise and control the Dog,

 

4.114.2   ensure that the Dog is within range of audible commands;

 

4.114.3   ensure that the Dog comes when called;

 

4.114.4   ensure that the Dog does not chase, bother, interfere with, attack or kill any Wildlife, ensure that Dogs are on leash at all times when in designated wildlife corridors as per the Town of Canmore Land Use Bylaw;

 

4.114.5   ensure that the Dog does not chase, bother, interfere or attack or kill any Individual or Domestic Animal;

 

4.114.6   ensure that the Dog does not upset any waste receptacles or scatter the contents thereof either in or about any street, lane, Park, or Public or Private Property

 

 

4.125   No Person may, at any time, own or have in his possession a Prohibited Animal, unless otherwise authorized under the Land Use Bylaw.

 

4.136   No Person, other than a Conservation and Animal Services Officer, may use, suffer or permit any Person  to use or attempt to use a trapping device to trap any  Domestic Animal.

 

4.147   No Person, other than a Conservation and Animal Services Officer, may bait any animal, or attempt, suffer or permit any Person to bait any animal.

 

4.158   No individual, without the express or implied permission of the Owner, shall untie, loosen or otherwise free a Domestic Animal from any restraint, or negligently or willfully open or leave open a gate door or other opening in a fence or enclosure in which a Domestic Animal has been confined.

 

 

5.         Vicious Dog Provisions

 

5.1       An Owner of a Vicious Dog must ensure that:

 

5.1.1       if such Dog is on any Public or Private Property, other than the Property of the Owner, such Dog is at all times on a Permitted Leash controlled by the Owner, or an individual capable of exercising and maintaining control of that Dog at all times;

 

5.1.2       such Dog, at all times, while on Property of the Owner, is confined within a Secure Enclosure and is not allowed out of such Secure Enclosure unless such Dog is on a Permitted Leash held and controlled by the Owner or an individual capable of exercising and maintaining control of that Dog at all times;

 

5.1.3       such Dog is leashed and muzzled at all times while it is being shown or displayed at a Dog Show.

 

 

5.2       The Chief Administrative Officer may require the Owner of a Vicious Dog to post a sign at the entrance to his property stating "Vicious Dog".

 

 

5.3       An Owner of a Vicious Dog must ensure that such Vicious Dog, at no time,

 

5.3.1       attacks any Individual;

 

5.3.2       threatens any Individual;

 

5.3.3       chases a Motor Vehicle;

 

 5.3.4      chases any Individual on bicycle, horseback, or while walking or running; or

 

5.3.5       attacks, harasses, injures or kills another Domestic Animal, Prohibited Animal, Wildlife or any Individual.

 

6.         Controlled Confinement, Rabies or Quarantine Provisions

 

6.1       An individual or Domestic Animal which has received a Serious Wound and the Owner of a Dog which has inflicted the Serious Wound, must promptly report the Dog to a Conservation and Animal Services Officer who may thereupon place the Dog under Controlled Confinement and the Dog must not be released from such Controlled Confinement except by written permission of a licenced Veterinarian. At the discretion of the Conservation and Animal Services Officer, such Controlled Confinement may be on the Property of the Owner, with a licenced Veterinarian within the Town or at the Town Shelter. In the case of stray Dogs whose ownership is not known, such Controlled Confinement must be at the Town Shelter.

 

6.2       Upon demand made by a Conservation and Animal Services Officer, the Owner must forthwith surrender for quarantine, any Dog which has inflicted a Serious Wound to an Individual, or any Dog which the Conservation and Animal Services Officer has reasonable and probable grounds to suspect of having been exposed to rabies and the Dog may be reclaimed by the Owner if adjudged free of rabies, upon payment of confinement expenses outlined in Schedule "A" and upon compliance with the licensing provisions of this Bylaw.

 

6.3       In the event of an outbreak or a threatened outbreak of rabies or any disease affecting Dogs which may be transmitted to human beings, Council may, by resolution, order and direct that all Dogs must be securely tied up on their Property of the Owner or must be otherwise effectively confined and prevented from leaving such Property of the Owner. Any Dog found in contravention of this Section may be impounded, and at the discretion of the Conservation and Animal Services Officer may be quarantined.

 

6.4       When a Dog under quarantine has been diagnosed as rabid, or suspected by a licenced Veterinarian as being rabid, and dies while under such observation, the Conservation and Animal Services Officer may immediately arrange to have the head of such Dog removed and sent to the appropriate laboratory for a pathological examination and may provide the Medical Officer of Health for the Town with the names of human contacts, the particulars of the suspect Dog, and any other information required by the Medical Officer of Health for the Town.

 

6.5       Except as herein provided, no Individual must kill, or cause to be killed, any rabid Dog, and any Dog suspected of having been exposed to rabies, or any Dog which has bitten an Individual or Domestic Animal, without immediately thereafter notifying the Conservation and Animal Services Officer, nor remove such Dog from the Town without written permission from the Conservation and Animal Services Officer.

 

6.6       The carcass of any Dog exposed to rabies must, upon demand, be surrendered to the Conservation and Animal Services Officer.

 

 

7.         Powers of a Conservation and Animal Services Officer

 

7.1       A Conservation and Animal Services Officer is authorized to capture and impound any Domestic Animal, which is At Large. The Conservation and Animal Services Officer is further authorized to take such reasonable measures as necessary to subdue any Domestic Animal, including the use of tranquilizer equipment and materials. If any Domestic Animal is injured, the Conservation and Animal Services Officer may, without liability to or recourse from the Owner, and in the sole and absolute discretion of the Conservation and Animal Services Officer, take the Domestic Animal to a Veterinarian for treatment and then to the Town Shelter, the costs of all of which will be borne by the Owner.

 

7.2       A Conservation and Animal Services Officer or any individual authorized by this Bylaw to enforce the provisions contained herein and who is delegated the authority of a designated officer under the MGA, may enter onto land for the purpose of pursuit, capture and restraint of any Domestic Animal found running At Large, or for the purpose of observation, investigation or enforcement of this Bylaw,

 

7.2.1       after reasonable notice to the Property Owner or occupier; or

 

7.2.2       with the consent of the Property Owner or occupier; or

 

7.2.3       without reasonable notice or the consent of the Property Owner or occupier in the event of an emergency or in extraordinary circumstances.

 

7.3       A Conservation and Animal Services Officer may assist in the capture of any Domestic Animal through the use of humane live capture traps and also may provide such traps to complainants on the terms set out in the regulations attached as Schedule “B“ to this Bylaw.

 

7.4       All impounded Domestic Animals may be kept in the Town Shelter for a period of seventy-two (72) hours.  Sundays and Statutory holidays must not be included in the computation of the seventy-two (72) hour period.  During this period, any Domestic Animal may be redeemed by its Owner, except as otherwise provided in this Bylaw, upon payment to the Town of:

 

7.4.1       the impoundment fee as set out in Schedule "A";

 

7.4.2       the Licence Fee if necessary; and

 

7.4.3       the cost of any Veterinary treatment incurred in relation to the Dog.

 

7.5       At the expiration of the seventy-two (72) hour period, as prescribed in Section 7.4 herein, the Town is authorized to:

 

7.5.1       offer the Domestic Animal for sale;

 

7.5.2       destroy the Domestic Animal in a humane manner;

 

7.5.3       allow the Domestic Animal to be redeemed by its Owner in accordance with the provisions of Section 7.4 herein; or

 

7.5.4       continue to impound the Domestic Animal for an indefinite period of time or for such further period of time as the Conservation and Animal Services Officer, in his or her discretion, may decide. The Owner will be liable to pay the Town all of the costs incurred by the Town under this Bylaw in respect of such actions.

 

8.         Penalties

 

8.1       Any Person who contravenes any provision of this Bylaw is guilty of an offence and is liable to penalty as set out in Schedule "A".

 

 

8.2       Notwithstanding Section 8.1 of this Bylaw, any Person who      commits a second or subsequent offence under this Bylaw within one (1) year of committing the first offence will be liable to a fine of not less than the sum as set out in Schedule "A".

 

8.3       Notwithstanding Section 8.1 of this Bylaw, any Person who contravenes any provision of this by-law in a wildlife co-corridor will be liable to a fine of not less than the sum as set out in Schedule "A".

 

8.4       Under no circumstances will any Person contravening any provision of this Bylaw be subject to the penalty of imprisonment.

 

8.5       In addition to the penalty provided for under Schedule "A", the Court may order the Person to comply with this Bylaw pursuant to the MGA.

 

 

9.         Violation Tags

 

9.1       A Conservation and Animal Services Officer is hereby authorized and empowered to issue a Violation Tag to any Person, who the Conservation and Animal Services Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw;

 

9.2       A Violation Tag may be issued to such Person

 

9.2.1       by personal service on that Person; or

 

9.2.2       by mailing a copy to such Person at the last known post office address or the address listed on the Town’s licence form.

 

9.3       The Violation Tag must be in a form approved by the Chief Administrative Officer and must state:

 

9.3.1       the name of the Owner;

 

9.3.2       the offence;

 

9.3.3       the appropriate penalty for the offence as specified in Schedule "A";

 

9.3.4       that the penalty must be paid within 30 days of the issuance of the Violation Tag;

 

9.3.5       any other information as may be required by the Chief Administrative Officer.

 

9.4       Where a contravention of this Bylaw is of a continuing nature, the Conservation and Animal Services Officer may issue further Violation Tags, provided however, that no more than one Violation Tag must be issued for each day that the contravention continues.

 

9.5       Where a Violation Tag is issued, the Person to whom the Violation Tag is issued may, in lieu of being prosecuted for the offence, pay to the Town the penalty specified on the Violation Tag.

 

9.6       Nothing in this Bylaw must prevent a Conservation and Animal Services Officer from immediately issuing a Violation Ticket.

 

 

 

 

10.       Violation Ticket

 

10.1     In those cases where a Violation Tag has been issued and if the penalty specified on a Violation Tag has not been paid within the prescribed time, then an Conservation and Animal Services Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedure Act, S.A. 1988, C. P-21.5 as amended.

 

 

10.2    Notwithstanding Section 10.1 of this Bylaw, a Conservation and Animal Services Officer is hereby authorized and empowered to immediately issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedure Act, SA 1988, C. P-21.5, as amended, to any Person who the Conservation and Animal Services Officer has reasonable grounds to believe has contravened any provision of this Bylaw.

 

 

11.       Severability Provision

 

11.1     Should any provision of this Bylaw be invalid then such invalid provision will be severed from this Bylaw and such severance will not affect the validity of the remaining portions of this Bylaw, except to the extent necessary to give effect to such severance.

 

 

12.       Repeal of Bylaw

 

12.1     Bylaws 26-89, 12-93, 22-93, 39-93, 28-95 and 32-98 are   hereby repealed.

 

13.       Effective Date

 

13.1     This Bylaw shall come into force and take effect on the day of third and final reading thereof.

 

 

 

 

 

 

FIRST READING:

 

February 5, 2002

SECOND READING:

 

 

THIRD READING:

 

 

                                   

 

                                   

                                                           

 

 

                                                                                                                                               

                                                                                                MAYOR

 

 

                                                                                                                                               

                                                                                                DESIGNATED OFFICER

 


SCHEDULE "A"

BYLAW 03-2002

TOWN OF CANMORE

 

 

FEES AND PENALTIES

 

 

A.         LICENCE FEES FOR DOGS

 

All licence fees are subject to providing proof, from a veterinary surgeon, of immunization from rabies and distemper; and, in the case of spayed/neutered Dogs, a certificate from a veterinary surgeon that the Dog has been spayed/neutered.

 

Spayed Female/Neutered Male                                                               $ 45.00

Unspayed Female/Unneutered Male                                                       $ 70.00

All Dogs aged nine (9) years or older                                                      $ 21.00

Any Dog licensed in another municipality                                                $ 10.00

                                                                                               

3-year licence is available at 3 times the annual licence fee less 15%

Spayed Female/Neutered Male                                                              $114.75

Unspayed Female/Un-neutered Male                                         $178.50

All dogs aged nine (9) years or older                                                      $53.55

 

Replacement Tags                                                                                    $ 7.00

 

 

B.         IMPOUNDMENT FEES:

 

Impoundment fee:                                                                                    $ 50.00 +

 

(per day or portion thereof; to commence at midnight
on the day of impoundment)                                                                    $ 20.00

 

 

C.        SPECIFIED PENALTY

 

Section            Offence (Brief Description)                                                         Amount

 

3.1, 3.2, 3.3     Failure to be the holder of a valid Licence                                   $ 75.00

 

3.8                   Failure to ensure that a collar and tag are worn                          $ 25.00

 

4.1                   Dog at Large                                                                               $100.00

 

4.2.1                Dog: - Attacking any Individual                                                    $250.00

                                                                                                                                   

4.2.2                Threatening any Individual                                                          $150.00      

 

4.2.3                Chasing motor vehicle                                                                 $ 75.00

                                                                                                                                   

4.2.4                Chases any Individual on bicycle, horseback or while

walking or running                                                                       $100.00

 

4.2.5                Attacking, harassing, injuring or killing Domestic Animals,

Prohibited Animal or Wildlife                                                       $250.00

 

4.2.6, 4.2.7      Upset waste receptacles, unattended in Motor Vehicle             $100.00      

 

4.3                   Failure to confine and house a female in heat                            $100.00

 

4.4                   Barking or howling                                                                       $ 75.00

 

4.5                   Damaging Public or Private Property                                          $ 75.00

 

4.6                   Failure to remove defecation                                                       $ 75.00100.00

 

4.7                   Failure to keep property in a clean and sanitary condition          $ 75.00

 

4.8                   Dog in an area where prohibited by sign                                    $150.00

 

4.9                   Domestic Animal in park where prohibited by sign                    $150.00

 

4.10                 Harboring more than 3 Dogs                                                      $200.00

 

4.11                 Harboring more than 3 Cats                                                       $200.00

 

4.12                 Harboring more than two Rabbits                                               $200.00

 

4.103               Interference with enforcement of this Bylaw                              $250.00      

 

4.114               Violation of off-leash provision                                                    $100.00

 

4.114.1            Dog not adequately supervised                                                  $100.00

 

4.114.2            Dog outside of range of audible commands-                             $100.00

 

4.114.3            Dog fails to comes when called                                                 $100.00

 

4.114.4            Dog chases, harasses or kills Wildlife                                       $250.00

 

4.114.5            Dog chases, bothers, interferes, or attacks any Individual

or Domestic Animal                                                                    $250.00

 

4.125               Ownership of a Prohibited Animal                                              $125.00

 

4.136               Use of a Trapping Device                                                           $100.00

 

4.147               Use of Bait                                                                                  $250.00

 

5.1.1                Failure to control off Property of the Owner -

Vicious Dog                                                                                 $200.00

 

5.1.2, 5.13       Failure to confine a Vicious Dog, or muzzle                               $200.00

 

5.2                   Failure to Post Sign "Vicious Dog"                                              $ 50.00

 

5.3.1                Attacking any Individual                                                               $500.00

 

5.3.2                Threatening any Individual                                                          $300.00

 

5.3.3                Chasing a Motor Vehicle                                                             $150.00

 

5.3.4                Chasing any Individual on bicycle, etc.                                       $200.00

 

5.3.5                Attacking, harassing, injuring etc.                                               $500.00

 

An offence for which a penalty is not otherwise provided          $150.00

 

8.2                   Second or subsequent offences within one year

Double of the first offence

 

8.3                   Any infractions of this bylaw in a wildlife corridor double
the fines as stated in this bylaw and schedule.

 

 


SCHEDULE “B”

BYLAW 03-2002

TOWN OF CANMORE

 

Town of Canmore

Contract/Regulations for the Use of Animal Traps

 

1)   The Town of Canmore requires a $50.00 security deposit on all traps.  Should the trap be stolen, lost or damaged your $50.00 deposit will not be refunded to you.

 

2)   To prevent theft of the trap we strongly urge that you secure the trap (chain and padlock) to an object that cannot be moved.

 

3)   Office hours vary daily.  Should you catch a Domestic Animal in the trap, please call Animal Control immediately at 996-0567.  If we have not responded to your call within a reasonable time of two to four hours then please release the animal.

 

All animals respond differently to being trapped, while some will sit still and quiet, others will be extremely distressed.  Some of these animals, upon release will not return just from the experience of being trapped.

 

4)   Please protect all traps and animals from inclement weather.  This may be done by placing the trap in an area protected from direct rain, placing a tarp over the trap, etc.  Once the animal is in the trap, you should place the trap in a garage, utility shed, etc.

 

5)   Any animal that is caught in a trap becomes the property of the Town of Canmore until such time that it is returned to its rightful owner.  The Individual using the trap hereby agrees not to take any independent action to dispose of the animal, other than is directed by a Conservation and Animal Services Officer.

 

6)   Traps may be supplied for a short term period only, depending on the demand and need elsewhere.

 

I have read these regulations for using a Domestic Animal trap and fully agree that I understand them and will abide by them.  I further agree to indemnify the Town of Canmore from liability arising from or related to my use of the trap.

 

 

 

_______________________                                                  _____________

Signature                                                                                 Date

 

 

Home

 

 


 [COMMENT1]What is the relevance of this?