HomeMy WebLinkAbout2044-23 Animal ControlCOUNTY OF NEWELL
IN THE PROVINCE OF ALBERTA
BYLAW NO. 2044-23
A BYLAW OF THE COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA, TO PROVIDE
FOR THE REGULATION AND CONTROL OF ANIMALS WITHIN THE COUNTY.
WHEREAS Sections 7, 8, and 9 of the Municipal Government Act. RSA 2000 c. M-26 provides
that Council may pass bylaws for the safety, health & welfare of people and the protection of
people and property;
AND WHEREAS the Council of the County of Newell deems it necessary to regulate and control
animals that may create a nuisance;
NOW THEREFORE, the Council for the County of Newell, in the Province of Alberta, duly
assembled, hereby enacts as follows:
1. TITLE:
(1) This Bylaw may be cited as the "Animal Control Bylaw"
2. DEFINITIONS:
(1) In this Bylaw:
(a) "Animal" means any mammal (excluding humans), or any bird, reptile or
amphibian;
(b) "Animal Control Shelter" means a facility designated by the County for the
housing of Animals;
(c) "At Large" means where an Animal is found on public property or at a property
other than the Owner's property and/or the Animal is not properly restrained;
(d) "Chicken" means a Hen of any age;
(e) "Chief Administrative Officer (CAO)" means a person appointed to that
position by the County of Newell Council as per section 205 of the Municipal
Government Act, RSA 2000, c M-26;
(f) "Controlled Confinement" means the confinement of a dog in a pen, cage,
or building or securely tethered in a manner that will not allow the dog to bite,
harm or harass any person or animal;
(g) "Coop" means a fully enclosed weather proof structure and attached Outdoor
Enclosure used for the keeping of Urban Chickens;
(h) "Council" means the Council of the County of Newell;
(i) "County" means the County of Newell;
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Page 2
(j) "Damage to Property" means damage to property other than the Owner's
property and includes defecating;
(k) "Dog" includes a male dog, a neutered male dog, a female dog and a spayed
female dog;
(1) "Hamlet" means an unincorporated urban area as defined in the Municipal
Development Plan;
(m) "Hen" means a domesticated female chicken;
(n) "Land Use Bylaw" means the County of Newell Land Use Bylaw and any
amendments thereto;
(o) "Livestock" means:
i. A horse, mule, ass, swine, emu, ostrich, camel, llama, alpaca, sheep or
goat;
ii. Domesticated reared or kept deer, reindeer, moose, elk or bison;
iii. Farm bred fur bearing animal(s) including foxes or mink;
iv. Animals of the bovine species;
v. Animals of the avian species including, turkey, ducks, geese, or pheasants;
and
vi. All other animals that are kept for agricultural purposes, but does not
include cats, dogs, or other domesticated household pet other than
domesticated pigs.
(p) "Multi -lot Residential Subdivision" means any group of parcels subdivided
for the purpose of residential development.
(q) "Muzzle" means a device of sufficient strength placed over an Animal's
mouth to prevent it from biting;
(r) "Outdoor Enclosure" means a securely enclosed, roofed outdoor area
attached to and forming part of a Coop having a bare earth or vegetated floor
for Chickens to roam;
(s) "Owner" means
i. a person who has the care, charge, custody, possession or control of an
Animal;
ii. a person who owns or who claims proprietary interest in an Animal;
iii. a person who harbours, suffers, or permits an Animal to be present on any
property owned, occupied or leased by them or which is otherwise under
their control;
iv. a person who claims and receives a Dog from the custody of the Animal
Shelter or a Peace Officer; or
v. a person who operates an Animal Adoption Program and who has care,
charge, custody, possession or control of an Animal(s)
(t) "Owners property" means any property in which the Owner of an Animal
has a legal or equitable interest or over which the Owner of an Animal has
Bylaw 2044-23
Page 3
been given the control or use of, by the legal or equitable Owner of the
property, and which property shall include, without limiting the generality of
the foregoing, land, buildings and vehicles;
(u) "Permitted Leash" means a leash adequate to control the Dog to which it is
attached, and which leash shall not exceed three (3) metres in length;
(v) "Properly Restrained" means a dog is:
i. being carried by a person capable of restraining the size and strength of
the dog;
ii. being confined in a kennel or like container, properly latched or locked; or
iii. being restrained by a person capable of restraining the size and strength
of the Dog by means of a permitted leash attached to a choke chain,
collar or harness attached to the Dog.
(w) "Peace Officer" means:
i. a Community Peace Officer as appointed by the Solicitor General of
Alberta;
ii. a Bylaw Enforcement Officer as appointed by the County of Newell to
enforce bylaws of the County, or
iii. a member of the Royal Canadian Mounted Police.
(x) "Permitted Property" means private property upon which the Owner of an
Animal has the express permission of the Owner of that property to allow the
Owners Animal to be at large, thereon;
(y) "Rooster" means a domesticated male chicken;
(z) "Secure Enclosure" means a building, cage or fenced area of such
construction which will not allow a confined Animal(s) to escape from that
enclosure;
(aa) "Serious Wound" means an injury to a human or an Animal resulting from
the action of a Dog that causes the skin to be broken or flesh to be torn and
where requiring immediate medical assistance;
(bb) "Vehicle" has the same meaning as defined in the Traffic Safety Act, RSA
2000, c T-6,
(cc) "Vicious Dog" means any Dog, whatever its age, whether on public or private
property, which has;
i. chased, injured or bitten any other animal or human; or
ii. damaged or destroyed any public or private property; or
iii. threatened or created the reasonable apprehension of a threat to a human;
and
iv. which, in the opinion of a Justice, presents a threat of serious harm to other
animals or humans.
(dd) "Violation Ticket" means a ticket issued pursuant to Part 2 of the Provincial
Offences Procedure Act, RSA 2000, c. P-21.5, as amended and Regulations
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there under.
(ee) "Violation Tag" means a notice or tag in a form as approved by the CAO,
issued by the County allowing a voluntary payment option of a fine
established under this Bylaw.
3. RESPONSIBILITY OF ANIMAL OWNERS
(1) The owner of an Animal shall:
(a) Ensure that an Animal has adequate food and water;
(b) Must provide an Animal with adequate care when an Animal is wounded or ill;
(c) Must provide an Animal with reasonable protection from injurious heat or
cold;
(d) Must provide an Animal with adequate shelter, ventilation and space; and
(e) Must ensure a Dog is properly restrained,
(2) An Owner shall not permit an Animal to be at large.
(3) An Owner shall not permit any Animal to make noise thereby disturbing the quiet or
repose of any person.
(4) An Owner shall not permit an Animal to cause Damage to Property within the
County.
(5) An Owner shall not permit a Dog in an area where the County has posted a sign
which prohibits the presence of Dogs, regardless if the Dog is at large or not.
(6) An Owner of an Animal shall not permit an Animal to:
(a) bite, attack, threaten, harass, bark at, chase or injure any person; or
(b) bite a person causing a Serious Wound; or
(c) bite, attack, threaten, harass, bark at, chase, or injure any bird, reptile,
amphibian or mammal; or
(d) Cause the death of any bird, reptile, amphibian or mammal; or
(e) Bite a bird, reptile, amphibian or mammal and cause a serious wound; or
(f) Chase a vehicle
(7) The Owner of an Animal which defecates on property, which is not the Owner's
Property, shall cause such defecation to be removed immediately and disposed of
in a sanitary manner.
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(8) No person shall permit an Animal suffering from a communicable disease to be in
any public place or keep the Animal in contact or in proximity of any other Animal
free of such disease.
(9) No person shall interfere with, hinder or impede a Peace Officer in the performance
of any duty authorized by this Bylaw.
(10) No person shall permit Animal waste to drain from their property onto adjoining
properties.
(11) Persons disposing of Animal waste shall deposit it in a private waste disposal
container and shall secure the waste/feces in a single plastic bag that will contain
the waste/feces and this shall be sealed so as not to permit any drainage or liquid
or spillage of solid matter.
4. COMMERCIAL KENNEL
(1) No person shall keep or have more than three (3) dogs over the age of six (6)
months on any parcel of land in the County except if the person obtains a
Development permit for a kennel.
(2) A kennel shall be deemed to be in operation if four (4) or more dogs are kept or
maintained at any one location but does not include veterinarian clinics or Animal
Control Centers.
5. VICIOUS DOG
(1) If a Peace Officer believes on reasonable and probable grounds that a dog has:
(a) chased, injured or bitten a person or other Animal;
(b) damaged or destroyed any property;
(c) threatened or created the reasonable apprehension of a threat to a person or
other animal; or
(d) been previously determined to be a dangerous Dog under the Dangerous
Dogs Act RSA 2000 c. D-3
The Peace Officer may seize and impound the Dog at the Animal Control Shelter
and recommend to the CAO or Designate that the Dog be declared a Vicious Dog.
(2) Upon receipt of a recommendation from a Peace Officer pursuant to subsection 5(1),
the CAO, or Designate may declare the dog to be a Vicious Dog.
(3) If the CAO or Designate has declared a dog to be a Vicious Dog, a Peace Officer
shall provide written notification of the declaration to the Dog's Owner.
(4) A person who receives a notice from a Peace Officer pursuant to subsection 5(3)
may appeal the declaration by giving written notice of the appeal and the reasons
therefore to the CAO or Designate within (10) days of receiving the declaration
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Page 6
from the Peace Officer.
(5) When a Dog has been declared a Vicious Dog an owner shall:
(a) keep the Vicious Dog in an enclosed pen while outside;
(b) keep the Vicious Dog muzzled while on leash;
(c) post warning sign that a Vicious Dog resides on the premises, at each gate to
the property;
(6) Upon demand made by a Peace Officer, the Owner shall forthwith surrender for
quarantine any Dog which has inflicted a Dog bite to any person or any Animal which
a Peace Officer has reasonable and probably grounds to suspect of having been
exposed to rabies. The Dog may be reclaimed by the Owner if:
(a) they keep the Dog properly retrained while outside;
(b) upon payment of confinement expenses; and
(7) Where a Dog bite results in a serious wound being inflicted, the Owner shall promptly
report the incident to a Peace Officer who shall report the incident to the Health
Authority. The Health Authority will advise the Owner of the quarantine procedure.
The Owner shall keep the Dog in controlled confinement until the Health Inspector
has authorized the release of the Dog from controlled confinement.
6. ANIMAL SAFETY
(1) No person shall tease, torment, annoy, abuse or injure any Animal.
(2) No person shall untie, loosen or otherwise free an Animal which is not in distress
unless such person has the authorization of the Owner.
(3) No person shall leave an Animal unattended in a vehicle unless it is restrained so
as to prevent it from coming into contact with any other person or Animal outside
the motor vehicle.
(4) Any person leaving an Animal unattended in a vehicle shall ensure that suitable
ventilation is provided for the Animal.
(5) No person shall leave an Animal unattended in the open box area of a truck or an
open trailer while the truck or trailer is parked.
7. LIVESTOCK
(1) No person shall keep livestock on parcels less than 0.405 Hectares (one (1) acre).
(2) No person shall keep more Animal Units on properties than allowed in Schedule "A".
(3) Keeping livestock that number in excess of thresholds listed in Schedule "A" of this
Bylaw may be permitted with the benefit of a Development Permit from the County.
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Page 7
8. KEEPING CHICKENS IN HAMLETS
(1) Within a Hamlet no person shall keep:
(a) a Rooster.
(b) keep more than six (6) Chickens.
(2) A person who keeps Chickens in a Hamlet shall:
(a) provide each Chicken with at least 0.37 m2 of interior floor area, and at least
0.92 m2 of outdoor enclosure, within the coop;
(b) provide and maintain, in the coop, at least one nest box per coop and one
perch that is at least 15 cm long, per Chicken;
(c) keep each Chicken in the coop at all times;
(d) provide each Chicken with food, water, shelter, light, ventilation, care, and
opportunities for essential behaviours such as scratching, dust -bathing, and
roosting, all sufficient to maintain the Chicken in good health;
(e) maintain the coop in good repair and sanitary condition, and free from vermin
and noxious or offensive smells and substances;
(f) construct and maintain the coop to prevent any rodent from harbouring
underneath or within it or within its walls, and to prevent entrance by any other
animal;
(g) keep a food container and water container in the coop;
(h) keep the coop secured from sunset to sunrise;
(i) remove leftover feed, trash, and manure in a timely manner;
Q) store feed within a fully enclosed container;
(k) place manure within a fully enclosed container, and store no more than 3
cubic feet of manure at a time;
(1) remove all other manure not used for composting or fertilizing and dispose of
same in accordance with County bylaws;
(m) follow biosecurity procedures recommended by the Canadian Food
Inspection Agency to reduce potential for disease outbreak; and
(n) keep Chickens for personal use only.
(o) Shall comply with all federal and provincial government laws and regulations
that pertain to raising chickens and the use of chicken related products.
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Page 8
(3) No person who keeps Chickens in a Hamlet shall:
(a) sell eggs, manure, meat, or other products derived from Chickens;
(b) slaughter a Chicken on the property;
(c) dispose of a Chicken except by delivering it to a farm, abattoir, veterinarian,
or other operation that is lawfully permitted to dispose of Chickens; and
(d) keep a Chicken in a cage, kennel, or any shelter other than a coop;
(i) Section 3(d) does not apply when the Chicken is being treated for an
illness or injury.
(4) Chickens are not allowed in a Hamlet if Keeping Chickens is prohibited by policy.
9. POWERS OF A PEACE OFFICER
(1) A Peace Officer is authorized to capture and impound, in an Animal Shelter, any
Dog that is at large. A Peace Officer is further authorized to take such reasonable
measures as are necessary to subdue any Dog at large. If any such Dog is injured,
it may be taken to a registered veterinarian for treatment and then to an Animal
Shelter. Costs for this treatment are the responsibility of the Owner.
(2) A Peace Officer is authorized to enter upon the land surrounding any building for the
purpose of pursuing any Dog which has been observed at large.
(3) An impounded Dog may be kept in an Animal Shelter for a period of seventy-two
(72) hours. Sunday and statutory holidays shall not be included in the computation
of the seventy-two (72) hour period. During this period, any Dog may be claimed by
its Owner, except as otherwise provided in this Bylaw, upon payment to the
municipality or authorized Animal Shelter:
(a) the appropriate impoundment fee in full as set out in Schedule "B" of this Bylaw;
(b) the cost of any veterinary treatment to relieve pain or bleeding of any Dog that
is found to be injured when picked up or injured in the process of capture.
(4) At the expiration of the seventy-two (72) hour period, as prescribed in Section 9(3)
of this Bylaw, the Animal Control Officer is authorized to:
(a) turn the Dog over to the S.P.C.A or animal adoption agency/shelter who will
put the Dog up for adoption should it meet with their adoption requirements;
(b) allow the Dog to be redeemed by its Owner, in accordance with the
provisions of Section 9(3) herein; or
(c) continue to impound the Dog for an indefinite period of time or for such further
period of time as the Animal Control Officer, in his or her discretion, may
decide.
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(5) A Peace Officer or Animal Control Officer shall maintain adequate records of:
(a) Complaints and disposal of such complaints;
(b) Each Dog impounded and time, place, and disposition of such Dog.
(6) A Peace Officer may enter any property during an investigation to inspect:
(a) Chicken coops for ensuring compliance with section 8(2);
(b) To investigate the welfare of any Animal.
10. IMPOUNDMENT
(1) No unauthorized person shall remove or attempt to remove from an Animal Shelter
any Dog impounded therein.
11. RABID DOG
(1) Any Dog suspected of being rabid shall immediately be reported to the Health
Authority and, upon instruction, shall be forthwith released by the Owner into custody
of and be confined by the Animal Control Officer at the expense of said Owner for
the period of up to fourteen (14) days or such period of time specified by the said
Health Authority. Any Dog taken into custody and confined shall not be destroyed
unless the Medical Officer of the Health Authority orders its destruction.
12. COMPLAINTS
(1) All Animal Control Complaints must be made to the County in writing.
(2) All complaints must have;
(a) Complainants name;
(b) Complainants address;
(c) Complainants phone number; and
(d) Location of the offence.
(e) Detailed description of the complaint.
13. PENALTIES
(1) Any Person who contravenes any provisions of this Bylaw is guilty of an offence and
is liable to a penalty, as set out in Schedule "B" of this Bylaw.
(2) Where a Peace Officer believes on reasonable and probable grounds that a person
has contravened any provision of this Bylaw, a Peace Officer or Animal Control
Officer may serve upon such person a violation tag either personally or by delivering
Bylaw 2044-23
Page 10
it to the person at their residence with a person on the premises who appears to be
at least eighteen (18) years of age or by delivery to their residence by mail and such
service shall be adequate for the purpose of this Bylaw.
(3) A violation tag shall be in such form as determined by the County and shall state:
(a) the section of the Bylaw which was contravened; and
(b) the fine which is provided for within schedule "B" of this Bylaw, including any
amendments or additions thereto, that will be accepted by the County in lieu of
prosecution.
(4) If a violation tag issued pursuant to this Bylaw is presented within fourteen (14) days
from the issue thereof, together with payment to the County of the specified penalty
and/or fee, the person to whom the violation tag was issued will not be liable for
prosecution for the contravention in respect of which the Violation Tag was issued.
(5) Notwithstanding the provisions of this Bylaw, a person to whom a violation tag has
been issued may exercise their right to defend any charge of committing a
contravention of any provision of this Bylaw.
14. SEVERABILITY
(1) It is the intention of Council that each separate provision of this Bylaw shall be
deemed independent of all other provisions herein and it is the further intention of
Council that if any provisions of the Bylaw is declared invalid, all other provisions
hereof shall remain valid and enforceable.
15. SUMMARY CONVICTION
(1) A Person who contravenes a provision of this Bylaw by doing something they are
prohibited from doing, or by failing to do something which they are required to do, or
by doing something in a manner different from that in which they are required or
permitted to do by this Bylaw, is guilty of an offence and upon summary conviction,
liable to a fine of not more than ten thousand ($10,000) dollars.
(2) Where there has been a breach of this Bylaw, a Peace Officer is hereby authorized
and empowered to issue a Violation Ticket pursuant to Part 2 of the Provincial
Offences Procedure Act RSA 2000, c P-34 as amended.
This Bylaw comes into full force and effect upon the third and final reading and rescinds Bylaw
1938-19 (Urban Chickens) and Bylaw 1939-19 (Animal Control).
January 26, 2023 MOVED BY COUNCILLOR KELLY CHRISTMAN that Bylaw 2044-23 receive
FIRST reading.
MOTION CARRIED
Bylaw 2044-23
Page 11
May 25, 2023 MOVED BY COUNCILLOR LYNETTE KOPP that Bylaw 2044-23 receive
SECOND reading as amended.
MOTION CARRIED
May 25, 2023 MOVED BY COUNCILLOR ADENA SKANDERUP that Bylaw 2044-23 receive
THIRD and FINAL reading.
MOTION CARRIED
Reeve — Arno Doerksen Chief Administrative Officer— Matt Fenske
Bylaw 2044-23
Page 12
SCHEDULE"A"
Animal Allowances in Hamlets and Multi -lot residential subdivisions
— Section 7(4)
Parcel Size
Max. Animal
Units
Hectares
Acres
:50.40
<_ 1 acres
0.25
Chickens only)
>_0.40to:51.4
>_1.0to53.5
1
>_1.4tos2.0
>_3.5to:54.94
2
>_2.0to:53.0
>_4.94to57.4
3
>_3.0to:54.0
>7.4to:59.88
4
>_4.0to55.0
>_9.88to:512.36
5
>_5.0to:56.0
>_12.36to:514.83
6
>_6.0to:57.0
>_ 14.83to:5 17.3
7
>_7.0to:58.0
>_17.3to:519.77
8
>_8.0to:59.0
>_19.77to:522.24
9
>_9.0to:510.0
>_22.25to:524.71
10
10+
24.71 +
10+
*based on carrying capacity of the land
Animal Type
# of Animals = 1 Animal Unit
Cattle
1
Pis
2
Horses/Ponies
1
Donkeys/Mules
1
Poultry
24
Sheep
5
Rabbit/Mink
20
Goats
5
Elk
1
Emu
4
Ostrich
2
Bison
0.5
Deer
4
Alpaca/Llama
5
Bylaw 2044-23
Page 13
Schedule "B"
Penalty Listing
Section
Offence
Specified Penalty
3(1)(a)
Owner fail to provide Animal with adequate food
and water
$200
3(1)(b)
Fail to provide Animal with adequate care when
animal is wounded or ill
3(1)(c)
Fail to provide Animal with reasonable protection
from injurious heat or cold
3 1 d
Fail to provide an Animal with adequate shelter
3 1 e
Fail to ensure a Dog is properly Restrained
3(2)
Animal at large
3 3
Owner permit Dog to bark/create noise
3 4
Owner permit Animal to make noise
3(5)
Owner permit an Animal to cause damage to
property
3 6
Owner have Dog in area prohibited by sin
$75
3(7)(a)
Owner of an Animal that bit, attacked, threatened,
harassed, barked at, chased or injured a person
$500
3(7)(b)
Owner of an Animal that bit a person causing a
serious wound
$2,500
3(7)(c)
Owner of an Animal that has bitten, attacked,
threatened, harassed, barked at, chases, or injured
any bird, reptile, amphibian or mammal
$500
3(7)(d)
Owner of an Animal that caused the death of a bird,
reptile, amphibian or mammal
$2000
3(7)(e)
Owner of an Animal that bit any bird, reptile,
amphibian or mammal and caused a serious injury
$2000
3 7
Owner permited Animal to chase vehicle
$150
3 8
Fail to clean up defecation not on owners' property
$150
3(9)
permit an Animal suffering from a communicable
disease to be in any public place or keep the
Animal in contact or in proximity of any other Animal
free of such disease.
$400
3 10
Interfere with, hinder or impede a Peace Officer
$500
3(11)
Owner permit Animal waste to drain from their
property onto adjoining properties
$200
3 12
Dispose of Animal waste in prohibited manner
$200
4 1
Have more than three 3 Dogs
5 5 a
Fail to keep Vicious Dog in an enclosed pen
$700
5 5 b
Fail to keep Vicious Dog muzzled while on a leash
5(5)(c)
Fail to post warning signs on property of Vicious
Do
$700
6(1)
Tease, torment, annoy, or injure any Animal
$400
6(2)
Untie, loosen, or otherwise free an Animal without
Authorization
$200
Bylaw 2044-23
Page 14
6(3)
Fail to prevent Animal from coming into contact with
Animal/Person outside of motor vehicle
$200
6(4)
Leave Animal unattended in a vehicle without
suitable ventilation
$700
6(5)
Leave Animal unattended in the open box area of a
truck or trailer while parked
$150
7 1
Keep livestock on parcel less than 1 acre
$200
7 2
Keep more livestock than allowed
7(5)
keep more Animal/Bird units as allowed in Schedule
"A"
$300
8 1 a
Keeping a Rooster in a Hamlet
$150
8 1 b
Keeping more than six 6 chickens in a Hamlet
8 2
Fail to maintain Chickens properly
8(3)(a)
Sell eggs, manure, meat, or other products derived
from Hens
8 3 b
Slaughter a Hen on the property
8 3 c
ispose of a Hen unlawful)
8(3)(d)
Keep a Hen in a cage, kennel, or any shelter other
than a Coo