TOWN OF BOWDEN
PROVINCE OF ALBERTA
BYLAW 08/2001

BEING A BYLAW OF THE TOWN OF BOWDEN TO PROVIDE FOR THE LICENSING,
REGULATION AND CONTROL OF ANIMALS WITHIN THE TOWN OF BOWDEN

WHEREAS, pursuant to the provisions of the Municipal Government Act S.A. 1994 c. M-26.1, as amended, under Part 2, Section 7(h) a Municipal Council may pass any Bylaw with respect to wild and domestic animals and activities in relation to them,

NOW THEREFORE, the Council for the Town of Bowden enacts as follows:

1. TITLE
   This Bylaw shall be cited as "The Animal Control Bylaw".

2. INTERPRETATION AND APPLICATION
   In this Bylaw, unless the context otherwise requires:

   a) Animal Control Officer - means a person whose duties entail carrying out the provisions of the Bylaw (henceforth known as the "A.C.O.").

   b) Animal - means a dog.

   c) Bowden - means the Municipal Corporation of the Town of Bowden or the area contained within the boundary thereof as the context requires.

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

   e) Dog - means either a male or female dog

   f) Livestock - means a horse, mule, donkey, head of cattle, fowl or any other animal council deems to be livestock.

   g) Owner - means an individual 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 suffers the animal to remain on his/her premises.

   h) Former Owner - means the person who at the time of impoundment was the owner of an animal which subsequently has been sold or destroyed.

   i) Pen - means an enclosed structure, building, cage or fenced area of such construction that will not allow a Restricted dog to jump, climb, dig or force its way out, or allow the entry of young children.

   j) Vicious Dog - means any dog which has bitten or attempted to bite another domestic animal or human without provocation, except that a dog shall not be deemed "vicious", if it bites, attacks or menaces a trespasser on the property of its owners, or harms or menaces anyone who has tormented or abused it, or a dog declared by a Justice as defined under the Dangerous Dog Act of Alberta.

   k) Restricted Dog - means any dog, other than those identified as "vicious" as defined in Section 2(j) with a known propensity, tendency or disposition to attack without provocation other domestic animals or humans. Restricted dog also means a dog of any age, of the following breeds or kinds:

   i) Pit Bull Terrier
   ii) American Pit Bull Terrier
   iii) Pit Bull
   iv) American Stafford shire Terrier
   v) American Bulldog
   or any dog of mixed breeding which can be identified through it's physical characteristics as a dog partially of the above mentioned breeds or kinds by a Veterinarian licensed to practice in Alberta, or the Animal Control Officer."

   l) Running at Large - means:

   i) An animal or animals which are not under the leashed control of a person responsible 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, school ground or other public place, or
   ii) an animal or animals which are under the leashed control of a person responsible and which causes damage to property or other animals.

   m) Pound - means the Pound established for impounding of animals as set out in this Bylaw.

   n) Town Office - means the Chief Administrative Officer (CAO), Municipal Secretary, Municipal Clerk, or any other staff member authorized to carry out their duties.

3. RESPONSIBILITY OF ANIMAL OWNERS
   The owner of an animal

   a) shall ensure that the animal is not running at large, and
   b) shall be deemed to have failed or refused to comply with the requirements of the previous subsection unless he/she proved to the satisfaction of the Court trying the case, that he/she had taken all reasonable precautions either:

   i) to secure the animal so that it would not be able to leave the premises of the owner, or;
   ii) to ensure himself that the animal was under the constant supervision of a person competent to control it at all times when it was off the premises of the owner.
   iii) that animal defecation and urination will not accumulate in any manner that is deemed offensive to neighbouring properties or cause discomfort for animals.

   c) shall notify the Town if the animal is no longer resident within the corporate limits of the Town.

4. PUBLIC NUISANCE

   a) The owner of an animal shall not permit the animal to be or become a public nuisance by:

   i) chasing a person,
   i) barking at, or chasing stock, bicycles, automobiles or other vehicles.
   ii) barking, howling or otherwise disturbing any neighbors,
   iii) causing damage to property or other animals, or
   iv) keeping a female dog which is in season at any location where the dog is a source of attraction to other dogs.

   b) An owner of an animal shall not permit or suffer such animal to be in the floral area of any park.

   c) An owner of an animal shall not place or allow any animal to enter or remain in any swimming, bathing, or wading pool, that is provided for the use of the public.

   d) An owner of an animal who permits the animal to defecate on property other than his/her own or vacant undeveloped Town-owned property shall remove forthwith any defecated matter deposited.

   e) An owner of an animal which is found upsetting waste receptacles, or scattering the contents thereof, either in or about a street, lane or other public property or in or about premises not belonging to or in the possession of the owner of the animal is guilty of an offence separate and apart from the offense provided in Section 2, subsection (l)(i) and upon summary conviction thereof shall in addition to any penalty imposed upon him/her shall be civilly liable to the Town of Bowden for any expenses directly or indirectly incurred by it in connection with the receptacle being upset or the waste scattered abroad.

5. VICIOUS DOG
   In addition to all provisions of this Bylaw:

   a) No owner shall own, keep or harbour any Vicious Dog within the municipal boundaries of the Town of Bowden.
   b) The A.C.O. is authorized to seize and impound in the Pound any dog believed by him/her to be a Vicious Dog in the Town of Bowden. He/She is further authorized to take such reasonable measures as necessary to subdue and seize the Vicious Dog including the use of tranquilizer equipment and materials.

6. RESTRICTED DOG
   In addition to all other provisions of this Bylaw:

   a) No owner shall own, keep or harbour any Restricted Dog within the municipal boundaries of the Town of Bowden unless such Restricted Dog is licensed as herein provided.
   b) The owner of every Restricted Dog in the Town of Bowden shall pay each year to the Town of Bowden a license fee as set out in Schedule "A" of this Bylaw.
   c) No owner shall keep or harbour a Restricted Dog on premises owned or controlled by him/her unless such Restricted Dog is kept either securely confined indoors or in a locked pen.
   d) The owner of every Restricted Dog shall muzzle, secure and control the animal with a leash or harness when the animal is not on the owner's secured property as set out in Section 6(c)
   e) The A.C.O. is authorized to seize and impound in the Pound any dog believed by him to be a Restricted Dog, found at large in the Town of Bowden. He/She is further authorized to take such reasonable measures as necessary to subdue the Restricted Dog including use of tranquilizer equipment and materials.
   f) An owner may object to the determination that his dog is a Restricted Dog within the meaning of this Bylaw, by delivering a written notice of the objection to the Town of Bowden within two working days of notification or seizure.
   g) The objection shall be heard by the Dog Appeals Committee providing the owner deposits with the Town of Bowden concurrently with the notice of objection, an amount estimate by the Town to be necessary to cover the expense of impoundment until the determination of the issue.
   h) The Dog Appeals Committee shall be composed of three members appointed by the Town of Bowden, as needed, consisting of the following:

   i) a member of the RCMP local detachment
   ii) a member of the Veterinary profession
   iii) a member of the local community.

   i) If the Dog Appeals Committee determines that an owner's dog is not a Restricted Dog, the provisions of the Bylaw shall not apply and if the dog is impounded, it may be redeemed by the owner and the deposit required in Section 6(g) of the Bylaw shall be returned and costs of impoundment shall be waived; provided the owner is not in contravention of any other provisions of this Bylaw.
   j) If the dog is determined to be restricted it shall be held 72 hours in which time the owner will have redeemed the dog in accordance with this Bylaw including payment of all penalties and licenses applicable, or the dog will be disposed of by the A.C.O. in accordance with Section 15 of this Bylaw.
   k) If the owner is found in contravention of Sections 6(c) and/or 6(d), the dog will be disposed of by the A.C.O. without further warning.
   l) An owner of a restricted dog shall maintain in force a policy of liability insurance, in a form satisfactory to the Town C.A.O. or his/her designate, providing third party liability coverage in a minimum amount of $500,000.00 for injuries caused by the owner's restricted dog.
   m) 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.
   n) Upon cancellation, expiry or termination of the liability policy, the restricted dog license is null and void.

7. COMMUNICABLE DISEASES
   An owner of an animal which is suffering from a communicable disease:

   a) shall not permit the animal to be in any public place
   b) shall not keep the animal in contact with or in proximity to any other animal free of such disease
   c) shall keep the animal locked or tied up
   d) shall immediately report the matter to the A.C.O., to a Veterinarian Inspector of the Health of Animals Branch of the local office of the Federal Department of Agriculture, and the Royal Canadian Mounted Police.

8. LICENSING

   a) The owner of a dog shall apply for an annual license for each dog, and shall pay therefore an annual fee as set out in Schedule "A" of the Bylaw.
   b) Notwithstanding subsection (a) where the A.C.O. is satisfied that a person who is blind or whose vision or hearing is impaired, is the owner of a dog, trained and used as a guide dog or hearing aid dog, there shall be no fee payable by the owner for a license under this section.
   c) The owner of a dog shall

   i) Obtain the annual license for it by January 31 in each year from the Town Office during regular hours.
   ii) Subject to the provisions of Section 8 (c) (iv) obtain a license for it on the first day when the Town Office is open for business after the dog becomes three months of age.
   iii) Shall obtain the license on the first day on which the Town Office is open for business after he/she becomes the owner of the dog.
   iv) Shall obtain a license for any dog that is weaned, where the dog is found running at large.

   In any prosecution or proceedings for a contravention of this section, the burden of proof of the age of the dog and that the dog is not the property of the owner shall rest upon the owner.

   d) Upon payment of the license fee by the owner the Town Office or the A.C.O. shall issue to the owner a metallic tag for each dog licensed.
   e) Every owner shall provide his/her dog with a collar to which the owner shall affix the metallic tag for such dog and the owner shall ensure that the collar and tag are worn by his/her dog during those occasions when the dog is not on the owner's premises.
   f) Upon losing a dog license an owner of a dog shall present the receipt for payment of the current year's license fee to the Town Office Staff who will issue a new tag to the owner, as per Schedule "A".
   g) The buyer, purchaser or new owner of a dog registered under this Bylaw shall report such transfer or registration to the Town Office, but no annual license fee shall be payable in respect of such transfer of registration.
   h) No person shall be entitled to a license rebate under this Bylaw.
   i) Where a license required pursuant to this section has been paid by the tender of an uncertified cheque the license:

   i) is issued subject to the cheque being accepted and cashed by the bank without any mention of this condition being made on the license, and
   ii) is automatically revoked if the cheque is not accepted and cashed by the bank of which it is issued.

   j) The Town Office staff shall keep a book in which shall be recorded the name and address of each owner, the breed, colour and sex of each owner's dog together with the date of registration of the owner's dog, the number stamped on the metallic tag issued to the owner, and the amount of license fee paid by the owner, and the record or any dog(s) declared as "Vicious" or "Restricted".
   k) A dog license is not required by persons temporarily in the Town of Bowden for a period not exceeding two weeks. The said period may be extended by receiving written permission from the C.A.O.
   l) No more than three (3) licensed dogs shall be owned, or harboured, or possessed at one time by an owner in the Town of Bowden.

9. ANIMAL CONTROL AUTHORITY

   a) An A.C.O., A Bylaw Officer, or a Public Works Employee of the Town of Bowden, or any person authorized by this Bylaw may capture and impound any animal.

   i) in respect of which he/she believes or has reasonable grounds to believe an offence under this Bylaw is being or has been committed.
   ii) which is required to be impounded pursuant to the provisions of any statute of Canada or the Province of Alberta, or any regulation made there under.

   b) An A.C.O., a Bylaw Officer or a Public Works Employee of the Town or any person authorized by this Bylaw to enforce the provisions contained therein may enter onto land surrounding any building(s) in pursuit of any animal which has been observed running at large.

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

    a) interfere with or attempt to obstruct an A.C.O., a Bylaw Officer or a Public Works Employee of the Town who is attempting to capture or who has captured an animal which is subject to being impounded pursuant to the provisions of this Bylaw.
    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/herself as being in charge or control of an animal so as to establish that the animal is not running at large.,
    d) unlock or unlatch or otherwise open the Pound Van or Vehicle in which animals kept for impoundment have been placed so as to allow or attempt to allow any animal to escape there from.

11. NEGLIGENCE
    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 of Bowden.

12. TORMENT
    No person shall tease, torment, or annoy an animal.

13. NOTIFICATIONS

    a) If the A.C.O. knows or can ascertain the name of the owner of any impounded animal, he/she shall serve the owner a copy of the Notice in Schedule "B" of this Bylaw, either personally or by leaving or mailing it to the last know address of the owner.
    b) An owner of an animal to whom a Notice is mailed pursuant to the provisions of subsection (a) is deemed to have received a Notice within forty-eight (48) hours of the time it is mailed.
    c) An A.C.O. shall be deemed to have done his/her best to find the owner of an impounded animal when the records of licensing have been checked for an animal of that description.

14. RECLAIMING

    a) Impound Fees.
    The owner of any impounded animal may reclaim the animal from the Pound by paying to an A.C.O. or Pound Keeper the fees as set out in Schedule "C" of this Bylaw and by obtaining the license for such animal should a license be required under this Bylaw, and
    b) Penalties.
    Pay the fee or fees as provided for in Schedule "D".
    c) The Pound Keeper shall report any apparent illness, communicable disease, injury or unhealthy condition of any dog to a veterinarian and act upon his/her recommendation. Notwithstanding subsection (a) the owner, if known, shall be held responsible for all charges resulting.

15. DISPOSAL
    The A.C.O. shall not sell, destroy or otherwise dispose of an impounded animal until the following conditions are met:

    a) After a dog is retained in the Pound for:

    i) Five (5) days after the owner has received notice or is deemed by Section 13 to have received notice that the dog is in the Pound, when the name and address of the owner are known, or
    ii) Seventy-two (72) hours, if the name and address of the owner are not know, or unless a person having the authority orders the retention or disposal of the dog, or unless the owner of the dog makes arrangements with the A.C.O. for the further retention of the dog, the A.C.O. may cause the dog to be sold, destroyed, or otherwise disposed of.

    b) The A.C.O. may retain a dog for a longer period if in his/her opinion the circumstances warrant the expense. c) The purchaser of a dog from the Pound pursuant to the provisions of this subsection shall obtain full right and title to it and the right and title of the former owner of the dog shall cease thereupon.

16. PENALTIES - VOLUNTARY PAYMENT TICKETS

    a) Where an A.C.O., or a Bylaw Officer believes that a person has contravened any provision of this Bylaw, he/she may serve upon such person a ticket provided by this Section either personally or by mailing or leaving the same at his last known address and such service shall be adequate for the purpose of this Bylaw.
    b) A ticket shall be in such form as determined by the Town and shall state the Section of the Bylaw which was contravened and the amount which is provided in Schedule "D" that will be accepted by the Town in lieu of prosecution.
    c) Upon production of a ticket issued pursuant to this Section within ten (10) days from the issue thereof together with the payment to the Cashier of the Town of Bowden of the fee(s) as provided in Schedule "D", the person to whom the ticket was issued shall not be liable for prosecution for the contraventions in respect of which the ticket was issued. If the violation ticket is not honored within the ten (10) days from the issue, all payments will be subject to a legal processing fee as provided in Schedule "D".
    d) Notwithstanding the provisions of this Section, a person to whom a ticket has been issued pursuant to this Section may exercise his/her right to defend any charge of committing a contravention of any of the provisions of this Bylaw.

17. SUMMARY CONVICTION

    a) A person who contravenes a provision of this Bylaw by doing something which he/she is prohibited from doing, or by failing to do something which he/she is required to do, or by doing something in a manner different from that in which he/she is required or permitted to do by this Bylaw, is guilty of an offence and liable upon summary conviction to a fine of:

    i) not less than ten ($10.00) dollars or more than two hundred ($200.00) dollars for an infraction under Sections 8 and 6 (b) of this Bylaw.
    ii) not less than thirty ($30.00) dollars or more than twenty-five hundred ($2,500.00) dollars for any other offence under this Bylaw, or
    Upon failure to pay the fine and costs to imprisonment for a period not exceeding six (6) months unless such fine and costs of committal are sooner paid.

    b) The levying and payment of any fine or the imprisonment for any period provided in this Bylaw shall not relieve a person from the necessity of paying any fees, charges or costs for which he/she is liable under the provisions of the Bylaw.

    c) A Provincial Judge, in addition to the penalties provided in the Section may, if he/she considers the offence sufficiently serious direct or order the person that owns, keeps, maintains or harbours an animal to stop the animal from doing mischief or causing the disturbance or a nuisance complained of, or to have the animal removed from the Town of Bowden or to have the animal destroyed, or otherwise disposed of.

THIS BYLAW SHALL HAVE FULL FORCE AND EFFECT ON FINAL PASSING THEREOF. BYLAW 05/98, AS AMENDED, IS HEREBY RESCINDED.

Read a first time this ________ day of _______________________________________, 2001.

Read a second time this ________ day of ____________________________________, 2001.

Approved unanimously this ________ day of __________________________________, 2001 to be presented for third reading at this meeting.

Read a third time and finally passed, this ________ day of ________________________, 2001.