This is the exact embedded text of the captured official document.
Snapshot b024777869fe · verified 2026-09-27 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
SUMMER VILLAGE OF BIRCHCLIFF
LIVESTOCK BYLAW
BYLAW NO. #201/17
A Bylaw of the Summer Village of Birchcliff in the Province of Alberta to provide
for the licensing, regulation and confinement of livestock.
WHEREAS, the Council of the Summer Village of Birchcliff deems it desirable
to pass such a Bylaw.
i.
pursuant to section 7(a) of the Municipal Government Act, a council
may pass Bylaws for municipal purposes respecting the safety, health
and welfare of people and the protection of people and property;
ii.
pursuant to section 7(h) of the Municipal Government Act, a council
may pass Bylaws for the municipal purposes respecting wild and
domestic animals and activities relating to them;
iii.
pursuant to section 7(i) of the Municipal Government Act, a council
may pass Bylaws for the municipal purposes respecting the
enforcement of Bylaws made under the Municipal Government Act or
any other enactment including any or all of the matters listed therin;
and
iv.
pursuant to section 8 of the Municipal Government Act, a council may
by Bylaw regulate, prohibit or provide for a system of licenses,
permits or approval including any or all of the matters listed therein.
NOW, THEREFORE, THE COUNCIL OF THE SUMMER VILLAGE OF
BIRCHCLIFF, DULY ASSEMBLED, ENACTS AS FOLLOWS:
1.
This Bylaw may be cited as the "Livestock Bylaw".
2.
The purpose of this Bylaw is to regulate and control Livestock
ownership in the Summer Village of Birchcliff.
3.
In this Bylaw, unless the context otherwise requires, the word, term or
expressions:
3.1 "Animal Control Officer" means a person employed under the
contract between the Summer Village and its Contractor to enforce
the provisions of this Bylaw;
3.2 "Bee" has the same meaning as set out in the Bee Act RSA 2000
Chapter B-2 as it may be amended or edited from time to time and
shall also include an "Africanized Bee" as per the act.
3.3 "Coop" means a Henhouse and a Run;
3.4 "Hen" means a female chicken over four (4) months in age;
3.5 "Henhouse" means a structure that houses the hens at night and
includes places for laying eggs;
3.6 "License" means a license issued by the Summer Village to an
Owner upon payment of the required fee for each Coop required in
association with "Keeping of Hens" Sections 9,10 and 11, indicating
the year for which the fee has been paid, and which is assigned a
number recorded by the Summer Village;
3.7 "Livestock" includes, but is not limited to:
a. a horse, mule, ass, swine, emu, ostrich, camel, llama, alpaca,
sheep, or goat
b. domestically reared or kept deer, reindeer, moose, elk, or
bison,
S U M M E R V I L L A G E O F B I R C H C L I F F
B Y L A W # 2 0 1 / 1 7
P a g e | 2
c. farm bred fur bearing Animals including foxes, weasels, or
mink.
d. animals of the bovine species,
e. animals of the avian species including chickens, turkeys,
ducks, geese, pigeons, or pheasants,
f. all other Animals that are kept for agricultural purposes,
but does not include cats, dogs, or other domesticated household
pets;
3.8 "Municipal Ticket" means a municipal ticket issued on behalf of the
Village for a violation under this Bylaw;
3.9 "Officer" includes an Animal Control Officer, a Bylaw Enforcement
Officer, a Peace Officer, or a Member of the Royal Canadian
Mounted Police;
3.10 Owner" includes any person, partnership, association, or
corporation:
a. owning, possessing, having charge of, or control over, any
Livestock;
b. harboring any Livestock;
c. suffering or permitting any Livestock to remain about his or
her house or premises; and
d. any person to whom a License has been issued under this
Bylaw.
3.11 "Rooster" means a male chicken;
3.12 "Run" means an attached open area that is fenced and that Hens
range in;
3.13 "Running at Large" shall mean any Livestock off the premises of
the Owner;
3.14 "Unconfined" shall mean any livestock on the property of the
Owner that is not confines to the Coop or designated portion of the
property set out in the regulation of the Village.
Livestock Provisions
4.
A person is guilty of an offence if that person keeps or harbours
Livestock or bees within any portion of the Summer Village of
Birchcliff or its corporate boundaries without the exclusive written
permission of the Council, except for that provided for in this Bylaw;
5.
Any Officer may seize and impound any Livestock or bees within any
portion of the Summer Village of Birchcliff or its corporate boundaries,
if the Livestock, wild animals, or bees are being kept without the written
permission of the Council, expect for that provided for in this Bylaw;
6.
An Officer is hereby authorized to enter any land or premises (excluding
dwelling houses) at any reasonable time within the Summer Village of
Birchcliff to inspect for conditions which may contravene any
provisions of this Bylaw whether or not the owner or person at the
premise harbours Livestock lawfully or unlawfully.
7.
Any person, whether or not her or she is the Owner of any Livestock
which is being or has been pursued and/or captured, is guilty of an
offence if he or she:
7.1 Interferes with, or attempts to obstruct, an Officer who is attempting
to capture, or who has captured, any Livestock;
S U M M E R V I L L A G E O F B I R C H C L I F F
B Y L A W # 2 0 1 / 1 7
P a g e | 3
7.2 Removes, or attempts to remove, any Livestock from the possession
of an Officer;
7.3 Refuses to provide identification (name, address, and date of birth)
and proof thereof to an Officer upon request;
7.4 Provide false or misleading information to an Officer.
8.
An officer, including an Animal Control Officer, is hereby authorized to
use live traps, nets or any other similar means to effect capture of
Livestock. The Village or its Contractor shall not be held liable for the
death or injury of any Livestock.
Keeping of Hens
9.
Every Owner who wishes to participate in the "Keeping of Hens" within
the corporate boundaries of the Summer Village of Birchcliff shall pay
to the Summer Village of Birchcliff a yearly License fee for their Coop
as set out in Schedule "A".
10. Where a License is required, and has been paid for by the tender of an
uncertified cheque, the License is automatically revoked if the cheque is
not accepted and cashed by the bank on which it was issued.
11. Every Owner who fails to purchase a License on or before the 31st day
of January in any year, shall be guilty of an offence and subject to the
penalties provided for in this Bylaw.
12. An Owner is guilty of an offence if the Owner harbours Roosters within
the Summer Village of Birchcliff corporate boundaries;
13. An Owner is guilty of an offence if the Owner harbours more than four
(4) Hens per Detached Dwelling unit on a parcel, as defined by the Land
Use Bylaw;
14. A person is guilty of an offence if that person slaughters any Livestock
on the parcel;
15. An Owner is guilty of an offence if the Owner or a person on behalf of
the owner buries a dead Hen on a Village parcel. Dead Hens shall be
disposed by delivering it to a farm, abattoir, veterinarian, mobile
slaughter unit, or other facility that has the ability to dispose of Hens
lawfully;
16. The maximum size of a Coop (including Henhouse and Run area) is
30.5 square meters (100 square feet.), and the minimum size of a Coop
is 4.88 square meters (16 square feet). The Coop can be no more than
2.0 m (6.56 ft.) in height. Both the Henhouse and Run area are required
to be fully enclosed in a secure fence and structure.
17. An Owner is guilty of an offence if the Owner or a person on behalf of
the Owner fails to locate a Coop in the rear and side yards of those
properties with an existing Detached Dwelling unit on a parcel. Further,
the Owner is guilty of an offence if the Coop is not placed in accordance
to the Accessory Building regulations of the Land Use Bylaw;
18. An Owner is guilty of an offence if the Owner fails to keep a Coop in
good repair, maintained in a clean and sanitary condition, free of vermin,
obnoxious smells and substances limited so as not to create a nuisance or
disturbance to neighboring residents due to noise, odor, damage or
threats to public health.
19. The Owner is guilty of an offence if all Hen waste is not stored in a fully
enclosed structure or container.
S U M M E R V I L L A G E O F B I R C H C L I F F
B Y L A W # 2 0 1 / 1 7
P a g e | 4
20. The Owner and any person are guilty of an offence if any eggs produced
in conjunction with the "Keeping of Hens" within the Summer Village
of Birchcliff are sold commercially.
21. The Owner of a Hen is guilty of an offence if the Hen is running at
Large;
22. The Owner of a Hen is guilty of an offence if the Hen is unconfined on
the Owner's property.
Impounding of Livestock
23. Any Officer or any designated Contractor with the Village may seize
and impound any Livestock.
24. Upon receiving any Livestock for impound, an Animal Control Officer,
Contractor, or its staff, shall make reasonable efforts to identify and
contact the Owner of the Livestock.
25. The Contractor shall not sell, euthanize, or otherwise dispose of any
impounded Livestock until the Livestock is retained in the Contractor's
impound facility for seventy - two (72) hours, not including the day of
impounding, Sundays or Statutory Holidays.
26. The Contractor may retain Livestock for a longer period if in the opinion
of the Contractor the circumstances warrant the expense or they have
reasonable grounds to believe that the Livestock is a continued danger to
persons, animals or property.
27. Any healthy Livestock may be returned to the Owner during the 72-hour
period of impoundment upon payment to the Contractor the costs of
impoundment and boarding (as specified in the contract between the
Summer Village and the Contractor).
28. Any person claiming impounded Livestock shall present government
issued identification to the Contractor or its staff.
29. Where any impounded Livestock has not been claimed by the Owner
within 72 hours of impoundment, the Contractor is authorized to sell,
euthanize, or otherwise dispose of any impounded livestock.
Violation Tickets and Continuing Offences
30. Where an Officer has reasonable grounds to believe that a person has
contravened any provision of this Bylaw:
30.1 he or she may serve upon the person a Municipal Ticket allowing
payment of the specified fine as set out in Schedule "B" of this Bylaw,
which payment will be accepted by the Summer Village Office or the
Officer on behalf of the Office in lieu of prosecution for the offence if
paid within 21 days of the date of service; or
30.2 he or she may issue and serve a violation ticket in accordance with
the Provincial Offences Procedure Act, R.S.A. 2000, c. P-34 and
amendments thereto, allowing a voluntary payment or requiring a person
to appear in court, without the alternative of making a voluntary
payment.
31. A Municipal Ticket shall be deemed to be sufficiently served if:
31.1 Served personally on the Owner of any Livestock, or left at the
Owner's residence; or
31.2 Mailed to the address of the Owner of any Livestock.
S U M M E R V I L L A G E O F B I R C H C L I F F
B Y L A W # 2 0 1 / 1 7
P a g e | 5
31.3 Penalties for a second, third and subsequent offences will be
applicable, where those offences occur within one (1) year of the
first or most recent offence.
31.4 In the case of an offence that is of a continuing nature, a
contravention constitutes a separate offence in the respect of each
day, or part of a day, on which the offence continues and any person
guilty of such an offence is liable to a fine in the amount not less
than that established by this Bylaw for each such day.
31.5 Any Person who contravenes any provision of this Bylaw is guilty
of an offence and is liable on summary conviction to the specified
penalty set out in Schedule "B" and in default of payment of any
fine imposed, to imprisonment for not more than six (6) months.
Any person who contravenes any provision of this Bylaw for which
there is either "Court" or no penalty specified in Schedule "B", is
guilty of an offence and is liable on summary conviction to a fine of
not less than five hundred dollars ($500.00) and not more than ten
thousand dollars ($10,000.00) and in default of payment of any fine
imposed, to imprisonment for not more than six (6) months.
Severability of Bylaw Provisions
32. Each separate provision of this Bylaw shall be deemed independent of
all provisions, and if in any provision of this Bylaw be declared invalid,
all other provisions shall remain valid and enforceable.
This Bylaw comes into force on the day it is passed.
Read a first time this 13th day of October, 2017.
________________________________________________
THOM JEWELL, MAYOR
________________________________________________
PHYLLIS FORSYTH, CAO
Public hearing held the 16th day of November, 2017.
Read a second time this 16th day of November, 2017.
Read a third time and finally passed this 16th of November, 2017.
________________________________________________
THOM JEWELL, MAYOR
________________________________________________
PHYLLIS FORSYTH, CAO
S U M M E R V I L L A G E O F B I R C H C L I F F
B Y L A W # 2 0 1 / 1 7
P a g e | 6
SUMMER VILLAGE OF BIRCHCLIFF
BYLAW NO.
SCHEDULE "A"
ANNUAL LICENSE FEES
AMOUNT
1.
Coop License
$75.00
2.
If the Coop License fee is paid prior to
January 31st of the year, it shall be
reduced to:
$50.00
SUMMER VILLAGE OF BIRCHCLIFF
BYLAW NO.
SCHEDULE "B"
Section
Offence
First
Second
Third &
Subsequent
s.4
Harboring Livestock
$200.00 $400.00
$800.00
s.7 (1)
Interfere with an Officer
$500.00 $1000.00 $1500.00
s.7 (2)
Remove/attempt to remove Livestock from
Officer
$500.00 $1000.00 $1500.00
s.7 (3)
Refuse to provide identification to Officer
$500.00 $1000.00 $1500.00
s.7 (4)
Providing false or misleading information to
Officer
$500.00 $1000.00 $1500.00
s.11
Fail to License Coop in the "Keeping of Hens"
$200.00 $400.00
$800.00
s.12
Rooster within Village boundaries
$100.00 $200.00
$300.00
s.13
Have more than 4 Hens
$100.00 $200.00
$300.00
s.14
Slaughter of Livestock on property
$100.00 $200.00
$300.00
s.15
Unlawful disposal of dead Hens
$100.00 $200.00
$300.00
s.16
Coop fails to meet size / enclosure requirements
$100.00 $200.00
$300.00
s.17
Coop not located properly
$100.00 $200.00
$300.00
s.18
Fail to maintain Coop in a sanitary condition /
good repair
$100.00 $200.00
$300.00
s.19
Waste not stored in an enclosed structure or
container
$50.00
$100.00
$150.00
s.20
Eggs produced from the Keeping of Hens sold
commercially
$200.00 $400.00
$800.00
s.21
Hens Running at Large
$100.00 $200.00
$300.00
s.22
Unconfined Livestock
$100.00 $200.00
$300.00