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TOWN OF TABER
BYLAW NO. 23- 2021
BEING A BYLAW OF THE TOWN OF TABER, IN THE PROVINCE OF ALBERTA, FOR
THE PURPOSE OF PROVIDING FOR THE CONTROL AND PROHIBITION OF CERTAIN
EXOTIC AND WILD ANIMALS WITHIN THE TOWN OF TABER.
WHEREAS Section 7 of the Municipal Government Act (Alberta, R.S.A. 2000, Chapter M-
26, and amendments thereto) permits a Council to pass Bylaws providing for the control and
regulation of animals within the municipality;
AND WHEREAS Council may pass a Bylaw dealing with the safety, health and welfare of
people and the protection of people and property;
AND WHEREAS it is desirable to pass a Bylaw dealing with the regulation of animals in the
Town of Taber;
NOW THEREFORE the Council of the Town of Taber in the Province of Alberta, duly
assembled, hereby enacts as follows;
1.0
NAME OF BYLAW
This Bylaw may be cited as the "Exotic and Wild Animal Bylaw".
2.0
DEFINITIONS
In this Bylaw:
Act
Animal
Animal Control Officer
Animal Health Act
Apiculture
means the Municipal Govemment Act,
Chapter
M-26,
Revised
Statues
of
Alberta
2000,
and
any
amendments
thereto;
means
any
member
of
the
animal
kingdom
of
living
beings,
excluding
humans.
Without
limitation,
"Animal"
shall include Mammals, Birds, Reptiles,
Amphibians, Arachnids and Insects;
means a person or persons appointed
by the Chief Administrative Officer of the
Town
of
Taber
to
carry
out
the
provisions of this Bylaw;
means the Animal Health Act, Chapter
A-40.2,
Revised
Statutes
of
Alberta
2007, and any amendments thereto;
means the keeping and management of
bees;
Page 1 of 12
At Large
Bee or Bees
Bee Act
Beekeeper
Bylaw
TOWN OFTABER
BYLAW NO. 23-2021
Bylaw Enforcement Officer
describes
any
animal,
found
in any
place away from a place either owned or
occupied by its owner, and not under
the control of any person;
means
the
insect
Apis
melllfera
L
(commonly
referred
to
as
a
"honey
bee");
means
the
See
Act,
Chapter
B-2,
Revised Statues of Alberta 2000, and
any amendments thereto;
means
a
person
and/or
organization
who
owns
and
possess
bees
or
beekeeping equipment or both;
means
the
Exotic
and
Wild
Animal
bylaw established by the Municipality;
means a person or persons appointed
by the Chief Administrative Officer for
the
Town
of
Taber
pursuant
to
the
provisions of the Municipal Government
Act, Sections 555(1) and 556 (a) and
(b);
means the Chief Administrative Officer
for the Town, regardless of the specific
title that may be conferred on the Officer
by Council from time to time pursuant to
Section
205
(1)
of
the
Municipal
Government Act;
means
the
Council
for
the
Town
of
Taber;
means a continuous period of twenty-
four (24) hours;
means an animal as set out in Section 3
of this Bylaw, or such other animals as
Council
may designate
by
resolution
from time to time;
means
an
enclosed,
man-made
structure in which bees live and raise
their young;
Chief Administrative Officer
Council
Day
Exotic Animal
Hive
Page 2 of 12
Livestock
Municipality
Officer
Owner
Person
TOWN OF TABER
BYLAW NO. 23-2021
means:
A horse, mule, ass, swine, emu, ostrich,
llama, alpaca, or sheep;
Domestically
reared
or
kept
deer,
reindeer, moose, elk or bison;
Farm bred fur bearing animal Including
foxes or mink;
Animals of the bovine species;
Animals of the avian species, including
chickens,
turkeys,
ducks,
geese,
or
pheasants; and.
All other
animals
that
are
kept
for
agricultural
purposes,
but
does
not
include cats, dogs, or other domestic
animals.
means the Town of Taber;
includes a peace officer or police officer
or
other
person
employed
for
the
preservation
and
maintenance of the
public
peace
or
for
the
service
or
civil
processes;
and
person
assigned
the
of
administering
and
Bylaw and
all persons
execution
of
includes
any
responsibility
enforcing
this
acting under their instructions;
includes
any
person,
including
the
parent
or
legal
guarding
of a
minor
person,
who
possesses,
keeps
or
harbours one or more animals, or who
has legal title to the animal and includes
any
person
who
has
possession
or
custody of the animal either temporarily
or permanently, or harbours the animal
or
suffers
the
animal
to
remain
on
property they occupy or in a vehicle in
their possession;
Includes
an
individual,
a
sole
proprietorship,
a
partnership,
an
unincorporated association,
a
trust,
a
body corporate, and a natural person;
Page 3 of 12
Regulation
Town
Violation Ticket
Wiid Animai
TOWN OF TABER
BYLAW NO. 23-2021
means the Wildlife Regulation 143/1997,
and any amendments thereto;
means the Town of Taber, a Municipal
Corporation, in the Province of Alberta,
or
the
geographical
area
contained
within the boundaries of the Town of
Taber, as the context may require;
means any ticket which is authorized by
the Municipal Government Act, R.S.A.
(2000),
Chapter
M-26,
or
under the
Provincial
Offences
Procedure
Act,
R.S.A. (2000), Chapter P-34, issued for
any bylaw offence in which a penalty
may be paid
out of court in lieu of
appearing to answer a summons;
means
an
animal
of
wiid,
untamed,
uncultured,
feral,
or
brutal
nature
or
disposition.
For purposes of this Bylaw
an
animal
which
was
once
a
domesticated
animal,
can
become
a
wild animal.
3.0
CONTROL AND REGULATION OF EXOTIC AND WILD ANIMALS
3.1
Within the Municipality, no person shall own or harbour any animal, or hybrid
of any animal, of the kind listed in Schedule 5 of the Alberta Wildlife
Regulation for any purpose, unless licensed under Section 3.3.
3.2
Within
the
Municipality,
no
person,
partnership or corporation, whether
operated separately or in connection with another business enterprise, shall
operate a pet store that buys, sells, trades, exhibits or harbours any animal or
hybrid or any animal of the kind listed in Schedule 5 of the Alberta Wildlife
Regulation (143/1997) or as amended from time to time.
3.3
Within the Municipality, anyone holding a license under any statute of the
Legislature of Alberta or the Government of Canada is permitted to harbour
an animal or a hybrid of an animal of the kind listed in Schedule 5 of the
Alberta Wildlife Regulation.
3.4
The following animals are prohibited within the Municipality:
3.4.1
Snakes:
3.4.1.1 All venomous snakes.
3.4.1.2 Snakes over one meter in length.
Page 4 of 12
TOWN OFTABER
BYLAW NO. 23-2021
3.4.1.3 More than three snakes under one meter in length.
3.4.2
All spiders.
3.4.3
All venomous insects.
3.4.4
All venomous and poisonous animals.
3.4.5
Bees, unless permitted pursuant to Section 7.0.
3.4.6
Pigeons.
4.0
LIVESTOCK
4.1
No person shall keep Livestock in any area of the Town of Taber except
where the keeping of Livestock is permitted within the Town of Taber Land
Use Bylaw, Rural Agriculture (RA) or Rural Urban Fringe (RUF), otherwise
identified In an annexation order, or authorized by agreement with the Town
of Taber with prior permission from the Chief Administrative Officer.
5.0
OTHER ANIMALS
5.1
All other animals, not classified as Exotic Animals or Wild Animals must be
kept caged or in pens, and not permitted to be at large, off the owners'
property occupied by the owner of such animal, and shall not exceed five (5)
animals in total regardless of the species.
5.1.1
These other animals are as follows, but not limited to:
5.1.1.1 Rabbits
5.1.1.2 Iguanas
5.1.1.3 Gerbils
5.1.1.4Guinea Pigs
5.1.1.5 Hamsters
5.1.1.6 Domesticated Mice
5.1.1.7 Domesticated Birds (Parrots, Budgies)
5.1.1.8 Ferrets
Page 5 of 12
TOWN OFTABER
BYLAW NO. 23-2021
6.0
EXCEPTIONS
This Bylaw does not pertain to;
6.1
The Town of Taber Animal Control Facility.
6.2
The premises of an accredited veterinary hospital under the care of a
licensed veterinarian.
6.3
Professionally produced film production sets that are being made by film
professionals and film production companies, and only temporarily during
filming.
6.4
The areas of the Town in which educational programs are being conducted
with animals, if the animals are owned by an accredited institution and only
while the educational programs are actually being conducted, provided that
such programs be limited to a maximum of three days at any one location.
6.5
The premises of slaughterhouses.
6.6
Events being hosted by or held on lands leased to the Agricultural Society.
6.7
A parade as approved by the Town of Taber.
6.8
Circuses licensed by the Town of Taber.
6.9
Agricultural operations in existence on the day of the passing of this Bylaw.
7.0
APICULTURE FOR ACCREDITED EDUCATIONAL INSTITUTIONS
7.1
Further to Section 6.4 and notwithstanding any other sections within this
bylaw, accredited educational institutions are hereby permitted to conduct
apiculture (beekeeping) programming on their own property provided they
adhere to the Bee Act and the Animal Health Act, and their respective
regulations.
7.2
As per the See Act, the educational institution will be required to annually
register their hive(s) with the appropriate Provincial Department.
7.3
Notwithstanding
Section
6.4,
apiculture
programming
for
accredited
institutions are allowed to be conducted for a period longer than the three (3)
days maximum.
7.4
The apiculture programming must be approved in writing by the institution's
superintendent.
7.5
The apiculture programming must be vetted by the institution's insurers and
given approval by the insurers to proceed.
Page 6 of 12
TOWN OF TABER
BYLAW NO. 23-2021
7.6
The accredited institution must submit their plans in writing to the Town of
Taber prior to implementing their apiculture programming and structures so
Town Departments are adequately notified. The written submission must be
done
no
later
than
ten
(10)
business
days
prior
to
the
proposed
implementation
date,
and
must
include
the
written
approval
of
the
superintendent, notification of approval from the insurers, and the date in
which the hives are anticipated to be installed and/or the program will begin.
7.7
The Institution must take all reasonable safety measures to ensure minimal
impact to neighbours.
7.8
The institution must ensure proper steps and strategies are taken towards risk
mitigation,
good
husbandry
and
maintenance
to
prevent
swarming,
aggressive behaviour, and disease. They must also ensure adequate water is
provided at all times for the bees in order to deter the bees from seeking
water from alternate sources.
7.9
The institution shall not allow the hive(s) to become unsightly or in poor
repair. The hive(s) shall be kept neat and tidy at all times.
7.10
The institution has the duty to take reasonable measures to ensure that all
immediately-adjacent neighbours be notified
in writing that hives will be
present and must outline the safety measures undertaken to ensure minimal
impact to neighbours. The notification shall include contact information for the
institution should the neighbor have any questions or concerns.
7.10.1 Immediately-adjacent
neighbours
shall
be
defined
as
a
property that is contiguous to another site along a common
property line or adjacent across a rear lane. If the subject site
is located on a corner, an adjoining site includes a site that is
adjacent across a rear lane, but not across a street.
7.10.2 The notification to neighbours is not a request for permission.
Neighbours have two (2) weeks from the date of notification to
respond to the educational institution for any questions or
concerns.
7.10.3 In the case of a dispute by a neighbour, the educational
institution
shall
be tasked
with
working
to
mitigate
any
reasonable concerns.
7.11
Hive entrances are to be directed away from neighboring properties, and
hives must have reasonable protection from access by animals.
7.12
Hives must be located a minimum of three (3) metres from all property lines.
7.13
The educational institution is not authorized to provide hives and/or bees to
students or staff for their own private properties. Beekeeping shall only be
allowed on school property as per the regulations within this bylaw.
Page 7 of 12
TOWN OF TABER
BYLAW NO. 23-2021
7.14
The educational institution is not authorized to sell hives or bees. They may
sell bee by-products (i.e.: honey, pollen, royal jelly, etc.).
7.15
Should an educational institution wish to discontinue apiculture programming,
they must dispose of the hive(s) in a humane fashion, with care to provide the
bees the least amount of disruption. The bees must not be killed.
7.16
Should an educational institution breach the conditions of this bylaw, Council
may by resolution bar the institution from apiculture programming until such
time where Council feels the institution has taken appropriate steps to adhere
to the bylaw's strictures.
8.0
OBSTRUCTURE AND INTERFERENCE
8.1
The Owner of an animal which is being or has been pursued or capture shall
not:
8.1.1
Interfere with or attempt to obstruct an Officer who is attempting to
capture
or who has captured an
animal(s) which
is subject to
impoundment;
8.1.2
Attempt
to
release
an
animal(s)
that
has
been
captured
for
impoundment; or,
8.1.3
Remove, or attempt to remove any animal from the possession of an
Officer.
8.2
No person shall:
8.2.1
Interfere with or attempt to obstruct an Officer who is attempting to
capture or who has
captured
an
animal(s)
which
is
subject to
impoundment;
8.2.2
With the exception of the Owner; untie, loosen or otherwise free an
animal which has been tied or otherwise restrained;
8.2.3
Negligently or willfully open a gate, door or other opening in a fence or
enclosure in which an animal has been confined and thereby allow an
animal to Run At Large in the Town; or,
8.2.4
Entice an animal to Run At Large.
9.0
COMPLIANCE
8.1
Failure to comply with any Section of the Bylaw may result in prosecution, or
in lieu thereof payment of a voluntary fine, or fees as set out in Schedule 'A"
which is attached and forms part of this Bylaw.
Page 8 of 12
TOWN OF TABER
BYLAW NO. 23-2021
10.0
OFFENCES AND PENALTIES
10.1
If an animal is involved in a contravention of this Bylaw or any provisions of
this Bylaw, the Owner of that animal is guilty of an offence.
10.2
Penalties;
10.2.1 Where a person authorized to carry out the provisions of the Bylaw
believes that a person has contravened any provisions of this Bylaw,
they
may serve
upon
such
person
a
Violation
Ticket
of form
commonly called a Bylaw Tag, having printed wording approved by
the Chief Administrative Officer, or a Provincial Part 2 Summons or
Part 3 Offence Notice.
10.2.2 Upon production of any such Bylaw Tag within twenty-one (21) days
from the date of service of such notice, together with a payment of the
sum specified in Schedule "A", to a person authorized by the Chief
Administrative Officer of the Town of Taber to receive such payment,
an official receipt for such payment shall be issued, and subject to the
provisions of this Section, such payment shall be accepted in lieu of
prosecution.
If the person upon whom any such Bylaw Tag is served fails to pay
the said sum within the time allotted, the provisions of this Section
shall no longer apply and a violation ticket will be issued.
10.3
Summary Conviction:
10.3.1 A person who contravenes any provision of the Bylaw is guilty of an
offence and is liable upon summary conviction, to a maximum penalty
often thousand dollars ($10,000) and a minimum penalty equal to the
specified penalty as listed in Schedule "A" for that offence.
10.3.2 In addition to the penalties in this Section, a Provincial Court Judge
may, if he/she considers the offense sufficiently serious, direct or
order the person that owns, keeps, maintains or harbours the animal,
to prevent such animal from doing mischief or causing a disturbance
or nuisance complained of, may issue an order for the animal to be
destroyed.
11.0
INTENTION OF TOWN COUNCIL
it is the intention of the Town Council that each separate provision of this Bylaw shall
be deemed independent of all other provisions herein and it is further the intention of
the Town Council that if any provision of the Bylaw be declared invalid, ail other
provisions thereof shall remain valid and enforceable.
Page 9 of 12
TOWN OF TABER
BYLAW NO. 23-2021
12.0
RESCINDED OR AMENDED BYLAWS
Bylaw No. 6-2007 is hereby repealed in its entirety.
13.0
EFFECTIVE DATE
This Bylaw shall take effect on the day of the final passing and the signatures of the
chief elected official and duly authorized designated officer thereof.
RES. 507/2021
RES. 508/2021
RES. 3/2022
Read a first time this 22"^^ day of November, 2021.
Read a second time this 22"^ day of November, 2021.
Read a third time and finally passed this 10^^ day of January,
2022.
TOWN OF TABER
MAYOR
CHIEF ADMINISTRATIVE OFFICER (C.A.O)
Page 10 of 12
TOWN OF TABER
BYLAW NO. 23- 2021
Schedule "A"
Penalties
Offence
Penalties
Second or
subsequent
Offence Within
One year
Subsection
Possession or
harbouring wild or exotic
animals
$250.00
$500.00
3.1
Operating a pet store
that sells or harbours any
prohibited animal
$250.00
$500.00
3.2
Possession of prohibited
animals
$250.00
$500.00
3.4
Unauthorized keeping of
livestock within the Town
$250.00
$500.00
4.1
Failure to keep animals
caqed or in pens
$250.00
$500.00
5.1
Exceeding limits for other
animals
$250.00
$500.00
5.1
Owner of an animal
interfering with
capture/seizure
$375.00
$750.00
7.1
Interference with
enforcement of this
Bylaw
$375.00
$750.00
7.1
Untying, loosening or
othenwise freeing an
animal without
authorization
$300.00
$600.00
7.2.2
Willfully opening a
gate/door and allowing
an animal to Run At
Large
$300.00
$600.00
7.2.3
Enticing animal to Run At
Large
$300.00
$600.00
7.2.4
An offence under this
Bylaw, for which a
penalty is not othenwise
provided
$250.00
$500.00
Impound Cost Penalty:
Non-Town Facilities:
The actual cost when facilities other than those owned by the Town
are used
$Actual Cost
Page 11 of 12
TOWN OF TABER
BYLAW NO. 23-2021
Veterinary Cost Penalty:
In the event that an impounded animal needs veterinary care, the cost of such care shall be
charged to the animal's owner.
Page 12 of 12