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TOWN OF REDCLIFF
BYLAW NO. 1452/2005
A BYLAW OF THE TOWN OF REDCLIFF TO PROVIDE FOR THE RESTRICTION, CONTROL
AND REGULATION OF CERTAIN TYPES OF ANIMALS.
NOW THEREFORE THE MUNICIPAL CORPORATION OF THE TOWN OF REDCLIFF IN
COUNCIL ASSEMBLED ENACTS AS FOLLOWS:
SECTION 1 - SHORT TITLE
1.
This Bylaw shall be known as the "Restricted Animal Bylaw" and shall be taken to apply
within the municipal boundaries of the Town of Redcliff.
SECTION 2 -INTERPRETATION
2.
In this Bylaw the following definitions shall apply:
a)
'Animal' means a vertebrate other than a human being or a fish.
b)
'Corporation' means a body corporate or company wherever or however
incorporated.
c)
'Council' means the Municipal Council of the Town of Redcliff duly assembled
and acting as such.
d)
'Exempt land' means land designated as such and as shown on Schedule "A" of
this Bylaw.
e)
'Licensed Business' means a business which holds a valid and subsisting
business license issued by the Town of Redcliff.
f)
'Manager' means a person appointed to the position of Municipal Manager for the
Town of Redcliff
g)
'Peace Officer' means:
h)
(i)
A member of the Royal Canadian Mounted Police;
(ii)
A member of the municipal police service;
(iii)
A Special Constable;
(iv)
A Bylaw Enforcement Officer appointed pursuant to the Municipal
Government Act R.S.A. 1994, c. M-26.1.
'Person' means any individual, trustee, legal representative, proprietorship, cJ
corporation, partnership, association or society.
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i)
'Restricted Animal' means all animals including, without restricting the generality
of the foregoing, livestock, horses, cows, sheep, swine of any kind, pigeons, and
poultry, but excepting:
i)
any animal controlled or regulated by a Provincial or Federal Statute or by
another Town Bylaw to the extent that such statute, regulation or bylaw is
in conflict with this Bylaw, in which case the statute, regulation or other
bylaw shall prevail;
ii)
domestic dog or cat;
iii)
gerbil, hamster, exotic bird, turtle or similar type of house pet.
j)
Town' means the Corporation of the Town of Redcliff or the area contained
within the boundaries of the said Town in the Province of Alberta as the context
or circumstances require.
k)
'Violation Ticket' means a summons/violation ticket issued in accordance with
Part 2 of the Provincial Offences Procedures Act, R.S.A. 1988, c.P-21.5.
SECTION 3 - OFFENCES AND PENAL TIES
3.
Except as otherwise permitted, no person shall keep, maintain, confine or harbour a
restricted animal within the Town.
3.1
Any person who contravenes any of the provisions of this Bylaw is guilty of an offence.
3.2
A person, other than a corporation, who is guilty of an offence is liable:
a) for a first offence, to a fine of not less than $200.00 and not more than $2,000.00 and
in default of payment, to imprisonment for a term of not more than six (6) months.
b) for each subsequent offence committed within six (6) months after the commission of
the first offence, to a fine of not less than $500.00 and not more than $3,000.00 and
in default of payment, to imprisonment for a term of not more than six (6) months.
3.3
A corporation that is guilty of an offence is liable:
a) for a first offence, to a fine of not less than $1,000.00 and not more than $5,000.00
and in default of payment, distress.
b) for any subsequent offence, to a fine of not less than $2,000.00 and not more than
$10,000.00 and in default of payment, distress.
3.4
A Peace Officer in lawful exercise of his duty may enter any land, buildings, or premises
other than a dwelling house to inspect for circumstances or conditions that may
constitute a breach or contravention of this Bylaw.
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3.5
Where a Peace Officer believes on reasonable and probable grounds that an offence
has taken place consisting of a breach or contravention of this Bylaw, he may
commence proceedings by issuing a violation ticket. If a violation ticket is issued in
respect to an alleged breach or contravention of this Bylaw, the violation ticket may
provide for a specified penalty option in accordance with the Provincial Offences
Procedure Act, R.S.A. 1988, c. P21.5. The specified penalty shall be an amount equal
to the minimum penalty prescribed by this Bylaw for the alleged breach or contravention.
3.6
If, after the issuance of a violation ticket for an alleged offence, a person continues to
keep, maintain, confine, or harbor a restricted animal in breach or contravention of this
Bylaw, then second or additional offences shall be deemed to have occurred.
3. 7
Nothing in this Bylaw shall be read or construed as:
a) preventing any person from exercising his right to defend an allegation that he has
committed an offence under this Bylaw;
b) preventing a Peace Officer from issuing a violation ticket or otherwise initiating Court
process in any other manner permitted by law, in respect of an alleged offence.
SECTION 4 - PERMITS AND EXEMPTIONS
4.
The Manager may, upon written application, in prescribed form, issue a special permit
either with or without terms or conditions, to suspend or modify the provisions of this
Bylaw.
4.1
A special permit shall be issued for a specified term and shall be renewed periodically as
required.
4.2
Any person affected by a decision of the Manager to issue a special permit, either with
or without terms or conditions, may appeal the decision to Council. The appeal must be
in writing, dated and signed by the person affected by the decision and submitted to the
Manager within fourteen (14) days of the Manager's decision. No appeal shall lie from
the decision of Council.
4.3
All special permits shall be produced to a Peace Officer on demand.
4.4
A person who has been issued a special permit shall be exempt from the provisions of
this Bylaw subject to complying with any terms or conditions imposed relating thereto.
A person who operates a licensed business related to the care or sale of restricted
animals shall be exempt from the provisions of this Bylaw.
4.5
Subject to paragraph 4.6, this Bylaw shall not apply to exempt land as outlined on
Schedule "A".
4.6
Unless otherwise authorized by a special permit, the number of restricted animals
permitted to be kept, maintained, confined or harboured by a person on exempt land
shall be limited to one restricted animal per4 hectares (10 acres) of land.
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5.
SECTION 5 - SEVERABILITY
In the event any provision of this Bylaw shall be declared or deemed to be invalid, then
such invalid provision shall be severed and the remaining Bylaw shall remain in full force
and effect.
SECTION 6 - EFFECTIVE DATE
6.
Town of Redcliff Bylaw No. 1254/00 is hereby repealed with the coming into force of this
Bylaw.
Read a First Time this 12th day of December, 2005
Read a Second Time this12th day of December, 2005
Read a Third Time this 12th day of December, 2005
Signed and Passed this _....;./_3 __ day of
MAYOR
M~CRETARY
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SPECIAL PERMIT
RESTRICTED ANIMAL BYLAW NO. 1452/2005
APPLICANT NAME: ___________________
_
ADDRESS: _________________________________________ __
TELEPHONE: _____________________________________ _
For suspension/modification of the following provision(s) as per Section 4 of Bylaw No.
1452/2005:
APPLICANT SIGNATURE
DATE
TOWN OF REDCLIFF PORTION (DO NOT COMPLETE)
Authorization is hereby given to
APPROVED _____________________ ~
MUNICIPAL MANAGER
DATE
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