Wembley

BY-LAW 619 OF THE

TOWN OF WEMBLEY

A by-law of the Town of Wembley in the Province of Alberta, to provide regulations concerning vicious dogs

WHEREAS the Municipal Government Act, Chapter M-26.1, R.S.A. 1994 and amendments thereto, provides inter alia for the regulation, restraining, licensing and prohibition of domestic animals within the limits of the municipality; and

WHEREAS there have been attacks by vicious dogs on persons and animals, and particularly attacks by dogs of the Pit Bull variety; and

WHEREAS Council has determined that it is necessary for the protection of the public health, safety and welfare, to provide for the close regulation of dogs of the Pit Bull variety and dogs determined to be vicious.

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

1. This By-law shall be called "The Vicious Dog By-law".

2. a) All provisions of By-law No. 617, as amended, the Dog Control By-law, are I incorporated into and shall form a part of the By-law, except to the extend that such provisions shall conflict with or are inconsistent with the By-law.

b) In case of such conflict or inconsistency, the provisions of the By-law shall prevail.

3. a) "Restricted dog" means any dog, whatever its age, of the following breeds or kinds:

i) Pit Bull Terrier,

ii) American Pit Bull Terrier, or

iii) Pit Bull

iv) Staffordshire Terrier,

or any dog of mixed breeding which can be identified through its physical characteristics as a dog partially of the above mentioned breeds or kinds by a veterinarian licensed to practice in Alberta, unless the dog has successfully passed a canine good citizen test on a yearly basis.

b) "Vicious dog" means a dog of any age including a restricted dog, which when on or off the property of its owner:

i) shows a propensity, disposition or potential to attack or injure, without

provocation, other animals or humans; or

ii) without provocation, chases persons who approach it; or

iii) is a continuing threat of serious harm to other animals or humans; or

iv) without provocation, has attacked persons or other animals.

c) A dog that has been deemed a vicious dog may revert to normal dog status by passing a canine good citizen test.

4. a) An owner shall obtain and keep in force a restricted license for his or her restricted or

vicious dog.

b) The restricted license fee for a restricted or vicious dog shall be One Hundred Dollars

($100.00) per year.

5. a) An owner shall maintain in force a policy of liability insurance in a form satisfactory to

the Town Administrator providing third party liability coverage in a minimum amount of $1,000,000.00 for injuries caused by the owner's restricted or vicious dog.

b) The liability policy shall contain a provision requiring the insurer to immediately notify

the Town in writing should the policy expire or be cancelled or terminated.

c) The owner shall provide to the Town Administrator proof that such liability policy is in force before he may obtain a restricted dog license.

d) Upon cancellation, expiry or termination of the liability policy the restricted dog license is null and void.

6. a) At all times while a restricted dog is on the premises of its owner, the owner shall either keep such dog confined indoors under the effective control of a person over the age of sixteen (16) years, or confined in a securely enclosed and locked pen, or other structure, constructed to prevent the escape of the restricted dog, and capable of preventing the entry of young children.

b) Such pen shall have secure sides and a secure top, and if it has no bottom secured to t he sides, the sides must be embedded in the ground to a minimum depth of one (1) foot.

c) When any restricted dog is off the premises of the owner, the owner shall securely

muzzle such dog, and either harness it or leash it securely to effectively prevent it from attacking or biting a person or other animal.

d) Subsection (c) shall not apply when the restricted dog is in a pen meeting the

requirements of subsection (b), or when the restricted dog is in a building or

enclosure in attendance at a bona finde dog show.

7. a) The owner of a dog, which the owner believes to be a vicious dog, shall keep such ` dog in accordance with the provisions of Section 6 of this By-law.

b) If the Poundkeeper, a Licensed Inspector, a Special Constable or By-law Enforcement

Officer determines that a dog is a vicious dog, either through personal observation or

after an investigation initiated by a complaint, he or she may in writing:

i) inform the owner that his dog has been determined to be a vicious dog, and

ii) require the owner to keep such dog in accordance with the provision of S Section 6 of the By-law, and

iii) inform the owner that if the vicious dog is not kept in accordance with ` Section 6 of the By-law, the owner shall be fined or subject to enforcement action pursuant to Section 9 and 10 of this By-law.

8. The owner of a vicious or restricted dog shall take all necessary steps to ensure that such dog does not bite, chase or attack any person or other animal, whether the person or animal is on the property of the owner or not.

9. In addition to the fines provided in By-law 617, as amended, the Dog Control By-law, persons who commit offences under the By-law are subject to the following fines:

a) failure to obtain and keep in force a restricted dog license $500.00

b) failure to maintain in force a policy of liability insurance pursuant to Section 5 of this

By-law $1500.00

c) failure to muzzle or otherwise secure a restricted dog or a vicious dog when off the

premises of the owner $500.00

d) if a restricted dog or vicious dog bites or attacks a person or animal causing injury,

the owner shall be subject to a fine of $1500.00

e) permitting a restricted or vicious dog to run at large $500.00

f) an owner who commits for a second time any of the offences listed in this section,

providing the offence is committed within six (6) months of committing the first

offence - double the initial penalty.

10. In addition to the remedies set forth in the By-law, if the Poundkeeper, the License Inspector, a

Special Constable or a By-law Enforcement Officer determines that a vicious dog or a restricted dog is not being kept in accordance with this By-law, he may:

a) make application pursuant to the provision of the Municipal Government Act for an order directing that such dog be controlled in accordance with this By-law, or be removed from the Town; and

b) make a complaint pursuant to the Dangerous Dog Act for an order directing the dog to be controlled or destroyed.

11. a) The Poundkeeper shall keep all impounded restricted or vicious dogs for a period of at least ninety-six (96) hours including the day of impounding. Sundays and statutory

holidays shall not be included in the computation of the ninety-six (96) hour period.

During this period any healthy restricted or vicious dog may be redeemed by its owner, or agent of the owner, upon payment to the Town of Wembley of:

i) the appropriate fine where applicable; and

 ii) the appropriate license fee when such a dog is not licensed; and

iii) kennel fees as identified in the Town of Wembley Fee Schedule, as amended ,

for every twenty-four (24) period or fraction thereof such a dog has been

impounded.

b) At the expiration of the ninety-six (96) hour period any restricted or vicious dog not

redeemed shall be destroyed.

c) The Poundkeeper shall report any apparent illness, communicable disease, injury or

unhealthy condition of any such dog to a veterinarian and act upon his recommendation. The owner, if known, shall be held responsible for all charges resulting.

11. This By-law shall come into force and effect upon the date of its finally being passed.

READ A FIRST TIME this 24th day of June A.D.; 2002.

READ A SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF JULY, A.D.; 2002.

 ________________________________________________

Mayor

 ________________________________________________

Administrator

Date:

Complaint Number:

To Whom It May Concern:

RE: Town of Wembley By-law 619 - The Vicious Dog By-law

Offence Date:

As a result of an incident involving your _______________(type) dog, we are requesting that you keep this dog under control.

The Town of Wembley has a By-law to provide regulations concerning dogs that attack or bite. This By-law requires the owner of dogs that show a propensity or disposition or potential to attack or injure animals or humans to keep such dogs under very strict control.

Should we receive any further complaints of this nature, we will have to classify this dog as vicious.

Your cooperation in this matter would be greatly appreciated.

Yours truly,

Town of Wembley Animal Control

Date:

Complaint Number:

To Whom It May Concern:

RE: Town of Wembley By-law 619 Section 2 (q) - The Vicious Dog By-law

Offence Date:

As a result of several incidents concerning your _______________(type) dog and according to Section 2 (q) of By-law 619, you are now advised that we are declaring your dog vicious and require you to comply with the provisions of the by-law.

Enclosed please find a copy of By-law 619 for your information.

You may appeal this decision to Town Council in writing within ten (10) days.

Yours truly,

Wembley Animal Control