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BYLAW NO. 168
ANIMAL CONTROL BYLAW
A BYLAW OF THE SUMMER VILLAGE OF POPLAR BAY, IN THE PROVINCE OF
ALBERTA, FOR THE PURPOSE OF REGULATING AND CONTROLLING ANIMALS.
WHEREAS, under the provisions of the Municipal Government Act, R.S.A. 2000, c. M-26,
and amendments thereto, authorizes the Summer Village to regulate and control domestic
animals and activities in relation to them by bylaw;
AND WHEREAS the Council of the Summer Village of Poplar Bay deems it advisable to
adopt such a bylaw;
NOW THEREFORE the Municipal Council of the Summer Village of Poplar Bay duly
assembled, enacts as follows:
1. This Bylaw may be cited as the "Animal Control Bylaw".
2. DEFINITIONS:
a) "Administrator" means the Chief Administrator Officer of the Summer Village
b) "Animal" - does not include a human;
c) "Animal Shelter" - means the facility or facilities designated by the Summer Village from
time to time as a facility for the impoundment and care of Animals subject to this Bylaw;
d) "At Large" - means an Animal which is or has been present at any place other than the
property of the Animal's Owner and which is or was not being carried by any person or
not otherwise restrained or under the physical control of a person by means of some form
of Restraining Device securely holding that Animal but does not include a Dog when
present in a designated off leash area;
e) "Bylaw Enforcement Officer" - means a Bylaw Enforcement Officer appointed by
Municipal Council to enforce the provisions of this Bylaw and includes a member of the
Royal Canadian Mounted Police and, when authorized, a Special Constable;
f) "Controlled Confinement - means when an Animal is confined in a pen, cage, building or
other structure or securely tethered in a manner that will not allow the Animal to
physically harm any person or Animal;
g) "Damage to Public or Private Property" - shall include the act of defecation or urination ;
h) "Dog" or "Dogs" - means a member or members of any domesticated canine species;
i) "Motor Vehicle" - means a Motor Vehicle as defined in the Highway Traffic Act, R.S.A.
1980, c.H-7, as amended or repealed and replaced from time to time.
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j) "Municipal Council" - means the Municipal Council of the Summer Village of Poplar
Bay in the Province of Alberta;
k) "Owner" - means a person:
i. who has the care, charge, custody, possession or control of the Animal;
ii. who owns or claims a proprietary interest in the Animal;
iii. who harbours, suffers, or permits an Animal to be present on any property owned
or under his control, or
iv. who claims and receives an Animal from the custody of the Animal Shelter or a
Bylaw Enforcement Officer;
l) "Possession" - means a person who:
i. has physical or effective control of an Animal; or
ii. has transferred physical or effective control of an Animal to another person for the
purpose of allowing that person to exercise control over that Animal for a period of
time;
m) "Property Owner" - means a person having a legal or equitable interest in any land,
building or structure within the Summer Village, including any resident, tenant or
occupier of such land or building;
n) "Public Property" - means property owned by or under the control and management of
the Summer Village and contained within the boundaries of the Summer Village;
o) "Registered Veterinarian" - means a Registered Veterinarian as defined in the Veterinary
Profession Act, R.S.A., c.V-3.1.
p) "Restraining Device" - means any leash or other restraining system capable of allowing
the Owner to maintain adequate control of the attached Animal, or if located on the
property of the Owner, capable of retaining the Animal within the boundaries of the
Owner's property.
q) "Secure Enclosure" - means a building, cage, fenced area or other enclosure for the
retaining of an Animal and which prohibits the Animal from jumping, climbing, digging
or using any other means to exit the enclosure, and which is capable of prohibiting the
entry of young children into the enclosure;
r) "Serious Wound" - means an injury resulting from an Animal attack which causes a
breaking of the skin or the flesh to be torn;
s) "Summer Village" - means the Summer Village of Poplar Bay;
t) "Vicious Animal" - means:
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i. any Animal with a known propensity, tendency or disposition to attack, without
provocation, other domesticated Animals or humans;
ii. any Animal which has inflicted a Serious Wound upon another domestic Animal or
human without provocation, but shall not include an Animal that has inflicted a
Serious Wound upon a trespasser on the property of its Owner or any property
controlled by its Owner; or
iii. in the case of Dogs, a Dog which has been the subject of an order or direction of a
Justice, pursuant to the Dangerous Dogs Act, R.S.A. 1980, c. D-3, as amended or
repealed and replaced from time to time;
u) "Violation Ticket" - means a ticket issued pursuant to Part 2 of the Provincial Offences
Procedure Act, S.A. 1997, C. P-21.5, as amended, or repealed and replaced from time to
time, and any Regulations thereunder.
3. GENERAL OFFENCES
a) An Owner whose Animal is At Large is guilty of an offence;
b) The Owner an Animal that barks, howls or otherwise makes such noise as to disturb the
quiet or repose of any person is guilty of an offence;
c) The Owner of an Animal that attacks or threatens any person is guilty of an offence;
d) The Owner of an Animal that chases a Motor Vehicle, bicycle, person on horseback or
person walking or running, is guilty of an offence;
e) The Owner of an Animal that kills, attacks, injures, or otherwise harasses livestock,
poultry, or other domestic Animal owned by another person, is guilty of an offence.;
f) i.
The Owner of an Animal which causes Damage to Public or Private Property within
the Summer Village is guilty of an offence;
ii. Where an Animal has defecated on any public or private property within the Summer
Village other than the property of the Animal's Owner, the Owner shall be required to
remove such defecation immediately, and failure to do so shall constitute an offence;
g) Any person who interferes with, prohibits, or otherwise impedes a Bylaw Enforcement
Officer in the performance of the Officer's duties under this Bylaw is guilty of an offence.
4. OFFENCES IN RELATION TO DOGS
a) Where a Dog has been deemed to be a Vicious Animal under this Bylaw by written
Notice to the Owner, the Owner of such a Dog shall ensure that the Dog remains, at all
times, while on the property of the Owner, confined to a secure enclosure and not
removed from such an enclosure unless secured to a Restraining Device under the
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physical control of the Owner or person in possession of the Dog with the Owner's
consent.;
b) Any person violating Section 4(a) above is guilty of an offence;
c) The Municipal Council may, at its discretion, require the Owner of a Dog which has been
deemed Vicious under this Bylaw, to post a sign on the Owner's property where best
seen, stating the presence of a "Vicious Dog";
d) Where a Dog which has been deemed to be a Vicious Animal pursuant to this Bylaw is
guilty of an offence under Section 3 of this Bylaw, the fine established pursuant to this
Bylaw for that violation under Section 3 of this Bylaw may be doubled, where indicated
in Schedule "A" of this Bylaw,
e) i.
Where in the opinion of the Municipal Council, on the advice of the Bylaw
Enforcement Officer or Administrator a Dog is deemed a Vicious Animal as defined
by this Bylaw, the Owner of the Dog shall be given written Notice of the
determination by registered mail at the address shown on the Summer Village Tax
Roll for that Owner.
ii. A Notice under subsection (i) above, shall include a summary of the applicable Bylaw
provisions governing Vicious Animals.
5. POWERS OF A BYLAW ENFORCEMENT OFFICER
a) A Bylaw Enforcement Officer is authorized to capture and impound in an authorized
Animal Shelter any Animal or Vicious Animal which is At Large. The Bylaw
Enforcement Officer is further authorized to take any reasonable measure necessary to
subdue any Animal, including the use of tranquilizer equipment and materials. If an
Animal is in distress, whether or not as a result of enforcement actions taken pursuant to
this Bylaw, the Bylaw Enforcement Officer may take the Animal to a Registered
Veterinarian for treatment. Once treated, the Animal shall be transferred to the Animal
Shelter;
b) All costs and expenses incurred by the Summer Village as a result of veterinary treatment
pursuant to Section 5(a) above, shall be recoverable from the Owner of the Animal as a
lawful debt owed to the Summer Village;
c) Animals impounded in the Animal Shelter shall be kept for a period of at least 72 hours.
In the calculation of the 72 hour period, Sundays, Statutory Holidays and days that the
Animal Shelter is not open shall not be included;
d) Where an Animal that has been impounded bears obvious identification tattoos, brands,
marks, tags or licenses, the Animal must be kept by the Animal Shelter a minimum of 10
days from the date the Animal was impounded.
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e) During the period established in Section 5(c) or 5(d) above, the Animal may be redeemed
by its Owner, except as otherwise provided in this Bylaw, upon payment to the Summer
Village or its authorized agent of:
i. the impoundment fee as established at Schedule "A" of this Bylaw;
ii. the cost of any veterinary treatment provided in respect of the Animal pursuant to this
Bylaw, or the Animal Protection Act, S.A. 1989, c. A-42.1, as amended, or repealed
and replaced from time to time;
f) At the expiration of the time period established at Section 5(a) above, the Municipal
Council or its designate is authorized to:
i. offer the Animal for sale or as a gift;
ii. destroy the Animal in a humane manner;
iii. allow the Animal to be redeemed by its Owner in accordance with the provisions of
Section 5(d) above; or
iv. continue to impound the Animal for an indefinite period of time or for such further
period of time as the Bylaw Enforcement Officer, in his or her discretion, may decide.
g) Proceeds of the Sale of an Animal shall be distributed in accordance with the priorities
set by Section 7 of the Animal Protection Act.
6. PENALTIES
a) Any person who contravenes any provision of this Bylaw is guilty of an offence and is
liable to a penalty as set out in Schedule "A" herein.
b) Notwithstanding Section 6(a) of this Bylaw, any person who commits a second or
subsequent offence under this Bylaw within one (1) year of committing a first offence
under this Bylaw, may be liable to an increased fine as set out in Schedule "A" of this
Bylaw;
c) Under no circumstances shall a person contravening any provision of this Bylaw be
subject to the penalty of imprisonment.
7. VIOLATION TICKETS
a) Where a Bylaw Enforcement Officer has reasonable grounds to believe that a provision
of this Bylaw has been contravened, that Bylaw Enforcement Officer is authorized and
empowered to issue a Violation Ticket pursuant to Part 2 of the Provincial Offences
Procedure Act, S.A. 1988, c. P-21.5, as amended, or repealed and replaced from time to
time, to any person who the Bylaw Enforcement Officer has reasonable grounds to
believe is responsible for the contravention.
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8. SEVERABILITY
a) Should any provision of this Bylaw be determined invalid, then the invalid provision
shall be severed and the remaining Bylaw shall be maintained.
9. EFFECTIVE DATE
a) This Bylaw shall come into effect upon third and final reading thereof.
Read a first time this 26th day of June, 2002.
Read a second time this 31st day of July, 2002.
Read a third time and finally passed this 31st day of July, 2002.
______________________________
______________________________
Tim Carmichael, Mayor
Aleks Nelson, Administrator
Summer Village of Poplar Bay
Summer Village of Poplar Bay
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SCHEDULE "A"
PENALTIES
VIOLATION BY ANIMAL:
VIOLATION BY VICIOUS ANIMAL:
SECTION
First Offence
Subsequent
Offence
First Offence
Subsequent
Offence
3(a)
$ 50.00
$ 100.00
$ 100.00
$ 200.00
3(b)
$ 50.00
$ 100.00
$ 100.00
$ 200.00
3(c)
$ 150.00
$ 300.00
$ 300.00
$ 600.00
3(d)
$ 50.00
$ 100.00
$ 100.00
$ 200.00
3(e)
$ 150.00
$ 300.00
$ 300.00
$ 600.00
3(f)i.
$ 50.00
$ 100.00
$ 100.00
$ 200.00
3(f)ii.
$ 50.00
$ 100.00
$ 100.00
$ 200.00
4(b)
$ 50.00
$ 100.00
$ 100.00
$ 200.00
**Veterinary
Fees**
ALL FEES
PAYABLE BY
OWNER
ALL FEES
PAYABLE BY
OWNER
ALL FEES
PAYABLE BY
OWNER
ALL FEES
PAYABLE BY
OWNER