Wembley

BY-LAW NO. 627

 A BY-LAW OF THE TOWN OF WEMBLEY, IN THE PROVINCE OF ALBERTA, TO CANCEL BY-LAW NO. 617 AND TO PROVIDE FOR THE LICENSING, REGULATION AND CONTROL OF ANIMALS WITHIN THE TOWN OF WEMBLEY.

WHEREAS, Section 7 of the Municipal Government Act, Revised Statutes of Alberta, 1994, and Chapter M26.1 and amendments thereto, provides that a municipality may pass a by-law regulating, licensing and controlling animals.

THEREFORE, the Council of the Town of Wembley, enacts as follows:

TITLE

1. This by-law may be cited as the “Animal Control By-law”.

INTERPRETATION AND APPLICATION

2. In this by-law, unless the context otherwise requires:

(a) ANIMAL CONTROL OFFICER includes a person engaged by the Town of Wembley to carry out the provisions of the by-law; by-law enforcement officer, constable(s) employed by the Town of Wembley, a member of the Royal Canadian Mounted Police.

(b) ANIMAL means a dog.

(c) TOWN means the Municipal Corporation of the Town of Wembley, or the area contained within the boundary thereof.

(d) DAY means a continuous period of twenty-four (24) hours.

(e) DOG means either a male or a female dog.

(f) UNLICENSED DOG means any dog for which the license has not been obtained for the current calendar year as provided under this by-law, or to which the tag provided for in the said by-law is not attached.

(g) OWNER means a natural person or body corporate who has legal title to the animal, and includes any person, who has possession or custody of the animal, either temporarily or permanently, or harbors the animal, or suffers the animal to remain on his premises.

(h) FORMER OWNER means the person who, at the time of impoundment, was the owner of an animal which has subsequently been sold or destroyed.

(i) RUNNING AT LARGE means an animal or animals which are not under the control of a competent and responsible person and is or are actually upon property, other than the property in respect of which the owner of the animal or animals, has the right of occupation, or upon any highway, street, boulevard, sidewalk, park, playground, or other public place, or an animal or animals which are under the control of a competent and responsible person and which causes damage to property or other animals.

(j) POUND means a facility established for the holding of impounded animals.

(k) PLAYFIELDS means an area which is designed for formal or informal individual, team or competitive sport activity. The area may be isolated on a site or may be part of a larger park and shall include the area within twenty (20) meters in all directions from any pitch area unless the park boundary is a lesser distance.

(l) TOT LOT means an area on which various children’s play apparatus is located. The area may be isolated on a site or may be part of a larger park and shall include that area within twenty (20) meters in all directions from the outside dimensions of any such play apparatus unless the park boundary is a lesser distance.

(m) VOLUNTARY PENALTY means a penalty specified in this by-law for contravention of a provision of the by-law which amount may be paid by a person to whom a voluntary payment summons was issued.

(n) VOLUNTARY SUMMONS is a summons or ticket wherein the person alleged to have committed a breach of a provision of this by-law is given the opportunity to pay a voluntary penalty to the Clerk of the Provincial Court, in lieu of prosecution for the offense. The voluntary payment summons may be issued by personally serving it upon the alleged offender, or by leaving it at the residence of the alleged offender.

(o) SCHOOLGROUNDS means any school grounds and/or educational facilities under the control of the Peace Wapiti School Division.

(p) LEASH means a chain or other material not over two (2) meters in length and capable of restraining the dog for which it is in use.

(q) VICIOUS DOG means:

(i) any dog with a known propensity, tendency or disposition to attack without provocation, other domestic animals or humans; or

(ii) any dog which has bitten another domestic animal or human, without provocation, and

(iii) which, in the opinion of the Animal Control Officer, is being a hazard or danger to persons and/or property.

(r) PARCEL means a plot or tract of land which a person or persons have authority to use by reasons or ownership and/or tenancy.

RESPONSIBILITIES OF ANIMAL OWNERS:

3. The owner of an animal:

(a) No person owning, possessing or harboring any dog shall permit, suffer or allow the same to run at large in the Town of Wembley.

(b) No owner, possessor or harborer of any dog shall permit, suffer or allow any dog to be on any street or other public place unless the same is under the full custody and control of a competent person by means of a leash; except as provided in sub-section (d).

(c) No owner, possessor or harborer of any dog shall permit, suffer or allow any unattended dog to be tied to any object when off the property of the owner.

(d) No owner, possessor or harborer of any dog shall permit, suffer or allow  any dog to be in a vehicle in a manner in which the dog may come in physical contact with any person passing the vehicle.

(e) No owner, possessor or harborer of any dog shall permit, suffer or allow any dog to defecate on property which is not the owner's property without causing the feces to be removed immediately and disposed of in a sanitary manner.

Any person violating any of the provisions of Section 3, Sub-section a), b), c), d) and e) shall be liable to voluntary penalty of:

(f) for a first offense in a twelve month period to a voluntary penalty of $75.00 (Seventy-Five Dollars) and upon summary conviction, to a fine of not less than $75.00 (Seventy-Five Dollars), and in default of payment, to a term of imprisonment not exceeding 30 (thirty) days.

(g) for a second offense in a twelve month period , to a voluntary penalty of $150.00 (One Hundred Fifty Dollars), and upon summary conviction to a fine of not less than $150.00 (One Hundred Fifty Dollars), and in default of payment, to a term of imprisonment not exceeding 30 (thirty) days.

 (h) for a third offense in a twelve month period, to a voluntary penalty of $300.00 (Three Hundred Dollars), and upon summary conviction to a fine of not less than $300.00 (Three Hundred Dollars), and in default of payment, to a term of imprisonment not exceeding 30 (thirty) days,

(i) for each subsequent offenses in a twelve month period, the voluntary penalty, and the summary conviction to a fine shall be double the cost of the previous penalty.

(j) In addition to the requirement of sub-section (b), no owner, possessor or harborer of a vicious dog shall permit, suffer or allow the dog to be on any streets or in any public place or on any other place that is not owned or controlled by that person unless the dog is muzzled to prevent it from biting another animal or human.

(k) Any owner, possessor or harborer of a vicious dog shall, at all times while the dog is on the premises owned or controlled by such person, keep the dog securely confined either indoors or in an enclosed pen or other structure capable of preventing the entry of young children and adequately constructed to prevent the dog from escaping.

Any person violating any of the provisions of Section 3, subsections (j) and (k) shall be liable to a voluntary penalty of:

(l) for a first offense in a twelve month period to a voluntary penalty of $500.00 (Five Hundred Dollars) and upon summary conviction to a fine of not less than $500.00 (Five Hundred Dollars) and in default of payment, to a term of imprisonment not exceeding 6 (six) months,

(m) for a second offense in a twelve month period to a voluntary penalty of $1000.00 (One Thousand Dollars) and upon summary conviction to a fine of not less than $1000.00 (One Thousand Dollars) and in default of payment, to a term of imprisonment not exceeding 6 (six) months,

(n) for each subsequent offenses in a twelve month period, the voluntary penalty, and the summary conviction to a fine shall be double the amount of the previous penalty.

NUISANCE:

4. The owner of an animal shall ensure that such animal shall not become a nuisance by:

(a) biting or chasing a person or persons whether on the property of the owner, or not;

(b) biting, barking at, or chasing bicycles, automobiles, or other vehicles;

(c) barking, howling or otherwise disturbing the quiet of any person;

(d) causing damage to property or other dogs or domestic animals;

(e) keeping female which is estrus at any location where the dog is source of attraction to other dogs.

Any person violating any of the provisions of Section 4, subsections a), b), c), d), or e) shall be liable to a voluntary penalty of:

(f) for a first offense in a twelve month period to a voluntary penalty of $75.00 (Seventy-Five Dollars) and upon summary conviction, to a fine of not less than $75.00 (Seventy-Five Dollars), and in default of payment, to a term of imprisonment not exceeding 30 (thirty) days.

(g) for a second offense in a twelve month period, to a voluntary penalty of $150.00 (One Hundred Fifty Dollars), and upon summary conviction to a fine of not less than $150.00 (One Hundred Fifty Dollars), and in default of payment to imprisonment of a term not exceeding 30 (thirty) days.

(h) for each subsequent offenses in a twelve month period, the

voluntary penalty, and the summary conviction to a fine shall be double the amount of the previous penalty.

 COMMUNICABLE DISEASES:

5. Any owner of a dog suspected of suffering with rabies:

 a) shall immediately report the matter to Agriculture Canada, Veterinary Inspection Directorate or to the Animal Services Supervisor, who will then report to Agriculture Canada and the Town of Wembley;

(b) shall confine or isolate the dog, in such manner as prescribed so as to prevent further spread of the disease;

(c) shall where necessary, keep the dog confined for not less than 10 (ten) days.

 LICENSING:

 6. (a) The owner of a dog shall apply for a license for each dog he owns.

(b) No person shall own, possess or harbor an unlicensed dog.

(c) Every owner of a dog aged six month or more, who resides in the Town of Wembley in any year, shall forthwith cause the dog to be registered at the Town Office in Wembley in the Province of Alberta, and shall cause such dog to wear around his neck, a collar to which shall be attached in a secure manner, a metallic tag, to be issued at specified fees by the Town of Wembley to such owner upon registration.

(i) for the sum of $10.00 (Ten Dollars) per calendar year for each neutered male or spayed female dog upon producing proof of neutering/spaying from a veterinarian, or

(ii) for the sum of $30.00 (Thirty Dollars) per calendar year for each other male or female dog, or

(iii) in the case of senior citizen, for the sum of $1.00 (One Dollar) per calendar year for each male or female dog.

(d) No owner shall transfer or allow to be transferred, a dog license from the dog for which it was obtained to any other dog.

(e) No person shall give false information when applying for a dog license.

(f) Upon losing a dog license, an owner of a dog shall notify the Town of Wembley, who will issue a new tag to the owner.

Any person violation any of the provisions of Section 6 shall be liable to pay a voluntary penalty of $75.00 (Seventy-Five Dollars) and upon summary conviction to a fine of not less than $75.00 (Seventy-Five Dollars), and in default of payment to imprisonment of a term not exceeding 30 (thirty) days.

ANIMAL CONTROL OPERATION - AUTHORITY

7. (a) An animal Control Officer may capture and impound any animal found running at large and to destroy any animal pursuant to this by-law;

(i) in respect of which he believes or has reasonable grounds to believe an offense under this by-law is being or has been committed;

(ii) which is required to be impounded pursuant to the provisions of any Statute of Canada or of the Province of Alberta, or any Regulation made thereunder.

8. An owner of an animal found in violation of any provisions of this By-law shall:

(a) On demand, produce forthwith, suitable identifications to the Animal Control Officer;

(b) surrender his animal to the Animal Control Officer;

(c) for the purposes of this section, suitable identification shall mean any document or documents verifying the name, date of birth

and current address of the owner.

 Any person violating any of the provisions of Section 8 shall be liable to a voluntary penalty of $100.00 (One Hundred Dollars) and upon summary conviction to a fine of not less than $100.00 (One Hundred Dollars) and on default of payment, to imprisonment of a term not exceeding 30 (thirty) days.

OBSTRUCTION

9. No person whether or not he is the owner of an animal which is being or has been pursued or captured shall:

(a) Interfere with or attempt to obstruct an Animal Control Officer who is attempting to capture or who has captured an animal which is subject to being impounded pursuant to the provisions of this by-law.

(b) Induce the animal to enter a house or other place where it may be safe from capture or otherwise assist the animal to escape capture.

(c) Falsely represent himself as being in charge or control of an animal so as to establish that the animal is not running at large.

 Any person violating any of the provisions of Section 9 shall be liable to a voluntary penalty of $100.00 (One Hundred Dollars) and upon summary conviction to a fine of not less than $100.00 (One Hundred Dollars) and on default of payment, to imprisonment of a term not exceeding 30 (thirty) days.

NEGLIGENCE:

10. No person shall:

 (a) untie, loosen or otherwise free an animal which has been tied or otherwise restrained; or

(b) 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.

Any person violating any of the provisions of Section 10 shall be liable to a voluntary penalty of $100.00 (One Hundred Dollars) and upon summary conviction to a fine of not less than $100.00 (One Hundred Dollars) and on

default of payment, to imprisonment of a term not exceeding 30 (thirty) days.

 TORMENT:

11. No person shall tease, torment or annoy an animal.

Any person violating any of the provisions of Section 11 shall be liable to a voluntary penalty of $100.00 (One Hundred Dollars) and upon summary conviction to a fine of not less than $100.00 (One Hundred Dollars) and in default of payment to imprisonment of a term not exceeding 90 (ninety) days.

NOTIFICATION:

12. If the Animal Control Officer know or can ascertain the name of the owner of any impounded animal, he shall forthwith make every attempt to notify the owner, either personally or by telephone.

 RECLAIMING:

13. The owner of any impounded animal may reclaim the animal from the pound by paying :

(a) for first offense in a twelve month period, a fee of $50.00 (Fifty Dollars), plus $5.00 (Five Dollars) per day for food;

(b) for second offense in a twelve month period, a fee of $100.00 (One Hundred Dollars), plus $5.00 (Five Dollars) per day for food;

(c) for a third and subsequent offenses in a twelve month period, a fee of $150.00 (One Hundred Fifty Dollars), plus $5.00 (Five Dollars) per day for food.

SALE OR DESTRUCTION:

14. Any impounded dog not claimed within 72 (seventy-two) hours of its being impounded may be released to any person upon payment of the pound charge, or the dog may be destroyed.

KEEPING OF ANIMALS:

15.  (a) No person or persons shall keep or allow to be kept more than 2 (Two) dogs that have reached 6 (Six) months in age, on a parcel of land 10 (Ten) acres or less in size.

Any person violating any of the provisions of Section 15, shall be liable to a voluntary penalty of $200.00 (Two Hundred Dollars) and upon summary conviction to a fine of not less than $200.00 (Two Hundred Dollars), and in default of payment, to imprisonment of a term not exceeding 30 (Thirty) days.

The Town of Wembley By-Law #617 is hereby rescinded.

Read a first and second time and by unanimous consent of all Councillors present, a third time and finally passed this 26th day of January, A.D., 2004.

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Mayor

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Administrator