BY-LAW #2003-13  (Not a certified Copy)

 

SCHEDULE A

ANIMAL LICENSE & RELATED FEES

 

NOW THEREFORE, the rates for annual animal license fees and related fees may be revised by resolution of Council. As at the passing of this bylaw, the license fees and related fees are as follows:

Dog:                   On or before the 31st day in January in each calendar year

                      $15.00 for spayed or neutered

                      $30.00 for unaltered

         as of February 1st provided owner was legally required under the         provisions of

      this By-Law to obtain a license on or before January 31st.

$30.00 for spayed or neutered

$60.00 for unaltered                                                             

                                                                                                                                                               

Cat:                        on or before the 31st day of January in each calendar

                             $15.00 for spayed or neutered

                      $30.00 for unaltered

as of February 1st provided owner was legally required under the

     provisions of this By-Law to obtain a license on or before January 31st.

                      $30.00 for spayed or neutered

                      $60.00 for unaltered

 

Vicious Dog:   on or before the 31st day of January in each calendar year

                      $250.00

        as of February 1st provided owner was legally required under the  

        provisions of this By-Law to obtain a license on or before

        January 31st

                      $500.00

Replacement Tags:  $5.00 each

Kennel License:       $100.00 plus purchase of individual licenses for each animal

Impound Fees:        Rate set by Pound Keeper and payable to Pound Keeper

Impound Fees for                    

Vicious Dog:           Rate set by Pound Keeper plus $250.00

Boarding Fees:       Rate set by Pound Keeper and payable to Pound Keeper

Veterinary Fees:     Amount Expended


SCHEDULE C

Section 3     (a)                    running at large:     unlicensed animal                   $250

                                                                       licensed animal                       $100

 

                        (d) & (e)          harboring more than three (3) domestic dogs

                                        aged three (3) months or older without a

                                        license to operate a kennel:                                     $250

 

                                                      harbouring more than three (3) domestic cats

                                        aged three (3) months or older without a

                                        license to operate a kennel:                                     $250 

                                            

Section 4         (a)             habitually bark, howl, or otherwise disturb peace:       $250

                       (b)            damage to property:                                                 $250  

                       (c)             public nuisance:                                                      $250

                        (d)            animal in floral area:                                                 $250

                        (e)            animal in swimming area:                                         $250

                        (f)             defecation:                                                              $250

                        (g)            torment:                                                                  $250

                        (h)            obstruction:                                                             $250

                        (i)             livestock within Village of Beiseker:                           $250

 

Section 5         Communicable Disease:                                                            $250

 Section 6         Unlicensed cat or dog:                                                              $250

 Section 7         Restricted or Prohibited Animals:                                               $250

Second and subsequent offenses shall be as per Section 10(d) of this Bylaw

Except as otherwise provided by the Animal Control Officer, By-Law Officer or Police Officer or any  person authorized by this By-Law, a person who is quality of any offense under the Animal Control By-Law for which a penalty is not otherwise provided is liable to a penalty of $100 per offence and subject to Section 10 (d) of this By-Law.



BY-LAW #2003-13

VILLAGE OF BEISEKER

Province of Alberta

 

A Bylaw of the Village of Beiseker, in the Province of Alberta TO PROVIDE FOR THE LICENSING, REGULATION AND CONTROL OF ANIMALS IN THE VILLAGE OF BEISEKER

 

WHEREAS the provisions of the Municipal Government Act, Revised Statutes of Alberta, 2000, Chapter M-26 and all amendments thereto, empower Council to pass

By-Laws for the purpose of restricting, regulating and controlling of animals in the Municipality;

AND WHEREAS the provisions of the Provincial Offences Procedure Act, being Chapter P-21 Revised Statutes of Alberta, 1980 and all amendments thereto, empower Council to pass By-Laws respecting voluntary penalties;

AND WHEREAS the Council of the Village of Beiseker deems it proper and expedient to pass such a By-Law;

 

NOW THEREFORE the Council of the Village of Beiseker duly assembled, enacts as follows:

 

1.      TITLE

This By-Law may be cited as the Animal Control By-Law of the Village of Beiseker.

 

2.         DEFINITIONS

In this Bylaw, unless the context otherwise requires:

 

(a)           "Animal Control Officer" or "By-Law Enforcement Officer" means a person authorized by the Village of Beiseker to enforce the provisions of this By-Law;

(b)       "Animal" for the purposes of this By-Law means a dog or cat unless specifically stated;

(c)              "Cat" means and includes both male and female species;

(d)       "Damage to Property" means damage to property other than the Owner's  property, with the damage being valued at more than Ten ($10.00) Dollars;

(e)       "Day" means a continuous period of twenty-four (24) hours, or a portion thereof;

(f)        "Dog" means and includes both male and female species;

(g)       "Former Owner" means the person who at the time of impoundment was the owner of   an animal that subsequently has been sold or destroyed;

(h)                "Fowl" means a barnyard or domestic bird including but not limited to

chickens, turkeys or animals classified as fowl;

(i)                  "Grandfathering" means exempt from specified provisions of this

By-Law;

            (j)         Habitually barks, howls, or otherwise creates a disturbance, by  such                               noise or a combination of noises, thereby disturbing the quiet and repose                         of any person;

(k)        "He/Him/His" means either sex, male or female of the human species;

(l)         "Holiday" means Saturday, Sunday or any other day declared to be a holiday by Federal, Provincial or Municipal Statutes;

(m)      "Infectious Physical Condition" means any abnormal physical condition which is liable to be passed on to other animals or humans by invasion of an organism emanating from the animal suffering from the abnormal physical condition;

(n)        "Kennel" means:

(i)         any place, owned by a person, group of persons or corporation, engaged in the commercial business of breeding, buying, selling or boarding dogs or animals; or

(ii)        a place where four (4) or more animals are kept.

(o)         "License" means a dog or cat license issued by the Village of Beiseker in accordance with the provisions of this By-Law;

(p)         "License Fee" means the applicable annual fee payable in respect of a license for a dog or cat as set out in this By-Law;

(q)       "License Tag" means the identification tag issued by the Village of Beiseker showing the license number for a specific dog or cat;

 (r)       "Livestock" means, but is not limited to, wild, domestic or imported horses, cattle, sheep, hogs, llamas, alpacas, pot bellied pigs, or animals that generally would fall in this category;

 (s)        "Officer" means Animal Control Officer, By-Law Enforcement Officer or R.C.M.P. Officer;

(t)      "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 any proprietary interest                 in an animal;

      (iii)       a person who harbors, suffers, or permits and animal to be          present on any property owned, occupied, or leased by him,        or which is otherwise under his control;

       (iv)       a person who claims and receives an animal from the                 custody of the Pound or an Animal Control Officer;

       (v)      a person to whom a license tag was issued for an animal  in         accordance  with this By-Law;

       (vi)     a person to whom a Kennel License was issued for animals        in accordance with this By-Law:

      (vii)      a person who habitually feeds and/or waters an animal to            enable it to survive, and for the purposes of this By-Law,           an animal may have more than one (1) owner.

             (u)       "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 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;  

            (v)         "Permitted Leash" means a leash used to restrain an animal and shall be no longer than two (2) metres;

            (w)       "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 Owner's animal to be at large thereon;

            (x)        "Pound" means the Pound established for the impounding of animals as set out in this By-Law;

        (y)         "Running at Large" means:

 (i)                            animals which are not under the control of a person responsible and not on a leash held by a competent 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, laneway, boulevard, sidewalk, park, playground, public walking path, school ground, or other public place; or

 (ii)                       animals which are ostensibly under the control of a person                          responsible and which yet causes damage to property                                or other animals.

             (z)       "Unlicensed animal" means either the male or the female of the dog or cat species which is not the holder of a valid license and tag issued by the Village of Beiseker.

            (aa)     "Vicious Dog" means any dog, whatever its age, whether on public or private property which has:

                     (i)                  without provocation, chased, injured or bitten                              any other domestic animal or human; or

    (ii)                without provocation, damaged to destroyed any                      public or private property; or

(iii)               without provocation, threatened or created the reasonable apprehension of a threat to other domestic animals or humans, and which in the opinion of a Justice, presents a threat of serious harm to other domestic animals or humans; or

(iv)             been previously determined to be a vicious dog under previous animal control by-laws of the Village of Beiseker.

 

(bb)         "Village" means the municipal corporation of the Village of Beiseker or the area                contained with the boundary thereof as the context requires.

 In the event of any proceeding under this By-Law whether it be the impounding of any animal or the commencement of any proceedings by way of summons, the burden of establishing both age and that any animal is under the immediate charge and control of some competent and responsible person, shall be upon the owner of such animal.

 

3.         RESPONSIBILITIES OF ANIMAL OWNERS

         The owner of an animal:

(a)                Shall ensure that the animal is not running at large;

(b)               Shall be deemed to have failed or refused to comply with the requirement of the previous subsection unless proved that the Owner(s) has 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 the animal at all times, by way of a collar and leash at all times when the animal was off the premises of the owner;

(iii)             the animal shall be deemed to be running at large, if the animal is picked up by the Animal Control Officer, By-Law Enforcement Officer or R.C.M.P. Officer, even if it is wearing a collar or harness and leash.

(c)                Shall ensure all animals required under this By-Law be licensed after the age of three (3) months as per Section 6 and Schedule �A� of this By-Law;

(d)               Shall not keep or harbour:

(i)         more than three (3) dogs aged three (3) months or older unless                 he is in possession of a valid permit and/ or license to operate a               kennel within the Village;

                     (ii)         more than three (3) cats aged three (3) months or older unless                                       he is in possession  of a valid permit and/or license to operate a                                   kennel within the Village.

  (e)                In addition to Section 3(c) and 3(d) with respect to kennels:

(i)                 if an owner keeps or harbours more than three (3) dogs aged three(3) months or older, they must apply for, obtain and adhere to all conditions of a permit to operate a kennel;

(ii)                 if an owner keeps or harbours more than three (3) cats aged three   (3) months or older, they must apply for, obtain and adhere to all conditions of a permit to operate a kennel;

(iii)                the Village of Beiseker may refuse purchase of, or revoke a permit to operate a kennel;

(iv)                should an authorized person receive bona fide complaints from two or more neighbours living within fifty (50) metres of a licensed kennel, the kennel permit can be revoked;

              (v)               the permit referred to in Section 3(d) shall expire and be of no                                further force or effect after the expiry date of the year for which                                 the permit was issued;

(vi)                the permit referred to in Section 3(d) above is valid only for the applicant for that permit and at the location identified on the permit;

(vii)              Section 3(d) shall not apply to premises lawfully used for the care and treatment of animals in a licensed veterinary office, pet store or animal grooming parlour within the Village;

(viii)            any premises which with the written permission of the Council or Administrator may be temporarily used for the purposes of an animal show, parade, rodeo or 4-H Club activities.


4.                  NUISANCE

(a)                An owner whose animal habitually barks, howls or otherwise creates a disturbance by such noise, or a combination of noises, thereby disturbing the quiet and repose of any person is guilty of an offence;

 (b)               An owner whose animal has caused damage to property within the Village of Beiseker is guilty of an offence;

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

 (i)                 biting a person or animal;

 (ii)               chasing a person or animal;

 (iii)             biting or chasing livestock, bicycles, automobiles, or other vehicles;

 (iv)             keeping a female animal, which is in season, at any location where the animal is a source of attraction to other animals;

 (v)               allowing it to upset waste receptacles and scatter the contents thereof.  An owner of an animal which is found upsetting waste receptacles or scattering the contents thereof, either in or about a street, land or 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 and upon summary conviction thereof shall in addition to any penalty imposed upon him be civilly liable to the Village of Beiseker for any expense directly or indirectly incurred by it in connection with the receptacle being upset or the waste scattered about.

  (d)               An owner of an animal shall not permit such animal to be in the floral areas of any public or private property other than the premises of the owner of the animal;

 (e)                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;

(f)                If an animal defecates on any property that is not the owner's property, the owner shall remove such defecation and dispose of same in a sanitary manner, and failure to do so means that the owner is guilty of an offence;

 (g)               No person shall tease, torment, annoy, abuse or injure any animal and any person who does is guilty of an offence;

 (h)               No person shall:

 (i)         interfere with, hinder or obstruct an Animal Control Officer, By-Law Enforcement Officer, R.C.M.P. Officer or any person authorized by this By-Law, 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;

                        (ii)      induce an animal to enter a house or other place where it may be                                   safe from capture or otherwise to assist the animal to escape                                      capture;

 (iii)              falsely make representation as being in charge or control of an animal so as to establish that the animal is not running at large;

 (iv)               unlock or unlatch or otherwise open the vehicle in which animals are kept for impoundment so as to allow or attempt to allow any animal to escape;

 (v)               untie, loosen or otherwise free an animal which has been tied or otherwise retained;

(vi)       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.

(i)          No person shall lead, ride or drive any cattle within the Village of         Beiseker with the exception of animals contained on farmland within the Village, notwithstanding Section 3(e)(viii) of this By-Law;

(j)          No person shall harbor any animal associated with farming except on land classified as farmland, except with the approval of Village of Beiseker Council;

 (k)                  If an Animal Control Officer, By-Law Enforcement Officer or R.C.M.P. Officer determines on reasonable grounds that a dog is a vicious dog, either through personal observation or on the basis of facts determined after an investigation initiated by a complaint, he may:

(i)             give the owner a written notice that the dog has been determined                   to be a  vicious dog; and

                 (ii)      require the owner to keep such a dog in accordance with the                                          provisions for owners for a vicious dog included in Section 4 of                                      this By-Law upon the owner's  receipt of the notice; and    

                 (iii)     inform the owner that if the vicious dog is not kept in accordance with                            Section 4 of this Bylaw, the owner will be fined or subject  to                                        enforcement action.

                 (l)      The owner of a vicious dog shall ensure that:

                         (i)     such dog does not, without provocation:

                    1.      chase a person;

2.   injure a person;

3.   bite a person;

4.   chase other domestic animals;

5.   injure other domestic animals;

6.   bite other domestic animals.

             
              (ii)    such dog does not damage or destroy public or private property;

                        (iii)       ensure such dog is tattooed or implanted with electronic

                                    identification  microchip;

                        (iv)       when such dog is on the property of the owner:

                                    1.      either such dog is confined indoors and under the control                                             of a person over the age of eighteen (18) years; or

               2.      when such dog is outdoors it is in a locked pen or other              structure, constructed to prevent the escape of the                      vicious dog  and capable of   preventing the entry of                    any person not in control of the dog; or

                                    3.      the locked pen or other structure shall have secure                                                        sides and a secure top and if it has no bottom                                                             secured  to the sides, the sides must be embedded                                                      in the ground to a minimum depth of thirty (30) cm. 

                                       4.          the locked pen or other structure shall provide                                                                  the  vicious dog with shelter  from the elements and                                                        be of the minimum dimensions of one and                                                                      one-half 1.5) meters by three (3) meters be a                                                                 minimum one and one-half (1.5) meters in height;

                                      5.            the locked pen or other structure shall not be                                                                 within one (1) meter of the the  property line or                                                                 within five (5) meters of a neighboring dwelling unit.

                       (v)        at all times, when off the property of the owner, such dog must                                      be:

                                     1.    muzzled; and

                                        2.       harnessed or leashed on a lead which length shall not                                                     exceed one (1) meter in a manner that prevents                                                               it from chasing, injuring, or biting other domestic                                                             animals or humans, as well as preventing                                                                        damage to public and private property; and
                                    
                                        3.        under the control of a person over the age of eighteen (18)                                                years.

                  (vii)       such dog is not running at large.

 

5.         COMMUNICABLE DISEASES

The owner of an animal 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;

             (c)    shall keep the animal locked or tied up;

    (d)         shall immediately report the matter to the Animal Control OffIcer,

By-Law Enforcement Officer of the Village of  Beiseker, the Community Health Officer, and the local R.C.M.P.

 

6.         LICENSING PROVISIONS

(a)        The owner of a cat or dog shall apply for an annual license for each cat or dog aged three  (3) months or older, and shall pay therefore an annual fee as set out in Schedule "A" of this By-Law;

            (b)        Should the animal be spayed or neutered during the license year, a valid certificate from a duly licensed and registered veterinary must be submitted for photocopy to the Village Office when purchasing your license the following year;

(c)        Notwithstanding Subsection 6(a) where the Village of Beiseker is satisfied that a person who is blind or whose vision is impaired, and is the owner of a dog or other animal, trained and used as a guide dog or animal, there shall be no fee payable by the owner for a license under this Section;

             (d)       Where a person is granted to be exempt from the license fee under Subsection (c) the person is still required to obtain a metal tag and fill out the required information at the Village of  Beiseker Office;

          (e)       The owner of a cat or dog shall:

                        (i)         obtain the annual license for it from the Village of Beiseker                                     Office on or before  the close of business on the last working                                        day of  January in each calendar year;

                         (ii)        obtain the license within the first two weeks of purchasing,                                     bringing into the Village or becoming in possession of any cat                                       or dog, or in the first two weeks of becoming a new resident                                           of the Village of Beiseker.  The burden of proof that the cat                                             or dog is not the property of the said owner shall rest upon                                           the said owner;

                        (iii)       pay the appropriate fee for obtaining such license;

                        (iv)        complete the prescribed registration form for such cat or dog                                         setting forth the full description, age, and other pertinent                                               information relating to such cat or dog;

                         (v)         provide his cat or dog with a collar to which by his cat or dog                                          during these occasions when the cat or dog is not on                                                    the owner's property.

             (f)        Any person who provides false or misleading information with respect to the information required in Section 6(e) of this By-Law is guilty of an offence;

        (g)        Upon payment of the license fee and providing the information set out in                         Section 6(e) of this By-Law, the Village of Beiseker shall issue to the                             owner a metallic tag expiring on the 31st day of December in the calendar                        year the tag was issued;

           (h)        An owner of an animal that has been duly licensed may obtain a replacement license tag for one that has been lost, upon payment of the fees as set out in Schedule "A" of this By-Law;

             (i)        The owner shall ensure the license tag is worn by the animal at all times   the animal is not on the owner's property and shall be guilty of an offence if the animal is not wearing the proper license tag when on property other than the owner's property;

             (j)    It is the responsibility of the owner to notify the By-Law authority                                    immediately if their animal is missing.  It is not the responsibility                                    of the By-Law authority to  find the owner of any animal                             who is not wearing a current affixed license tag;

             (k)       The buyer, purchaser or new owner of a cat or dog registered under the By-Law shall report such transfer of registration to the Village of Beiseker but no annual license fee for the current year shall be payable in respect of such transfer of registration if the cat or dog was already licensed in the Village of Beiseker;

(l)                  No person shall be entitled to a license rebate under the By-Law.

           (m)        An animal license is not required by persons temporarily in the Village                             of Beiseker for a  period not exceeding two (2) weeks.

           (n)         The Village of Beiseker shall keep a book in which they shall record the name and address of each owner, the breed, colour and sex of each owner's animal, together with the date of registration of the owner's animal, the number stamped on the metal tag issued to the owner and the amount paid;

           (o)         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.

 

            (p)        The owner of an animal may be required to obtain a license for an animal notwithstanding that it is under the age of three (3) months, where the animal is found running at large or involved in any other infraction of this By-Law.

 

7.         NUMBER OF ANIMALS & RESTRICTED OR PROHIBITED ANIMALS

(a)        The maximum number of animals in a single dwelling is six (6).  This maximum applies only to dog and cats.  Notwithstanding Subsection 3(d) and 3(e), the Animal Control Officer or By-Law Enforcement Officer shall direct the owner to remove the animal or animals from the Village of Beiseker;

 (b)       It shall be unlawful for any person to harbour or permit to be harboured at the owner's property or permitted property or on the grounds thereof:

 (i)               any large mammal or the young thereof;

(ii)      any pot bellied pigs; 

(iii)     any chickens, turkeys or animals classified as fowl;

(v)             any bees;

                        (vi)        any snakes, reptiles or insects which are poisonous;
                              
                        (vii)       any large domestic animals;

                      (vi)           any species, including any of the above, deemed to be dangerous 

                                          or infectious in the opinion of the Local Board of Health.

  

8.         POWERS OF ANIMAL CONTROL OFFICER, BY-LAW ENFORCEMENT OFFICER

(a)        An Animal Control Officer, By-Law Enforcement Officer or a Police Officer may capture and impound any animal:

                         (i)        in respect of which he believes or has reasonable grounds to   

                                    believe an offence under this By-Law is being or has been

                                    committed;

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

             (b)        An Animal Control Officer, a By-Law Enforcement Officer or a Police Officer may enter into  the land surrounding any building in pursuit of any animal which has been observed, contravening any section of this By-Law;

            (c)        The owner of any impounded animal may reclaim the animal from the Pound by paying to the  Animal Control Officer, By-Law Enforcement Officer or the Village of Beiseker:

                        (i)         the appropriate impound fees as set out in Schedule "A" of this                                     By-Law;

             (ii)              the appropriate fee for boarding and providing sustenance for the

                                     animal as set out in Schedule "A";

                         (iii)       the appropriate license fee when the animal is not licensed;

                         (iv)       the costs of any required veterinary treatment for the animal;                                         and

                         (v)        any other costs incurred due to the impoundment.

 

            (d)       The Animal Control Officer, By-Law Enforcement Officer, Police Officer may use any humane method in his attempt to capture an animal and should the animal be hurt during capture or attempted capture, neither the Village of Beiseker, Council nor the Officer shall be held liable                   for such injury;

             (e)       Where an Animal Control Officer, By-Law Enforcement Officer, Police Officer or any person authorized by this By-Law, believes that a person has contravened any provision of this By-Law, he may serve upon such a person a ticket provided by this section personally;

             (f)        A ticket shall be in such form as determined by the Village of Beiseker and shall state the  Section of the By-Law which was contravened and the amount from Schedule "A" that will be accepted by the Village of Beiseker in lieu of prosecution;

             (g)        Notwithstanding the provision of this section, a person to whom a ticket has been issued pursuant to this section may exercise the right to defend any charge of committing a contravention of any of the provisions of the By-Law;

          (h)       Any person who contravenes a provision of this By-Law by doing                                    something which he is is prohibited from doing, or by failing to                                        do something which he is required to do, or by doing  something                                    in a manner different from that in which he is required or permitted to                             do by this By-Law,  is guilty of an offence  and liable upon                                              summary  conviction to a fine of:

                         (i)        Not less than One ($1.00) Dollars or more than Nine Thousand                                     ($9,000)  Dollars for an infraction of this By-Law;

      (ii)       Not less than One ($1.00) Dollar or more than Nine                              Thousand ($9,000.00) Dollars for any other offence under this                 By-Law, or upon failure to pay the fine and costs to                               imprisonment for a  period not exceeding ninety (90) days                     unless such fines and costs or  committal are sooner paid.

                           (iii)      The levying and payment of any fine or the imprisonment for                     any period provided in this By-Law shall not relieve a person                    from the necessity of paying any fees, charges, or costs                          under the provisions of this By-Law. A Provincial Court                              Judge, in  addition to the penalties provided in this                      By-Law may, if the offence is sufficiently serious, direct or order               the person that owns, keeps, maintains, or harbors an animal to               stop the animal  from doing mischief, causing a disturbance or                 nuisance complained of, or to have the animal removed from               the Village of Beiseker or to have the animal destroyed or                         otherwise disposed of.

  9.         DISPOSAL

            (a)        The Animal Control Officer or By-Law Enforcement Officer, shall not sell, destroy or  otherwise dispose of an impounded animal until the following conditions are met:

                         (i)         retain in the Pound for six (6) days when the name and                                                  address of the owner are known;                 

                            (ii)         retain in the Pound for seventy-two (72) hours in the name and                                          address of the owner are not known,  or unless a person                                                  having the authority orders the retention or the disposal of                                               the animal or unless the owner of the animal makes                                                        arrangements with the Animal Control Officer or   By-Law                                                 Enforcement Officer for the further retention of the animal,                                                the Animal Control Officer or By-Law Enforcement                                                          Officer may cause the animal to be sold, destroyed,                                                        or otherwise disposed of.

             (b)       Any impounded animal which is unclaimed and requisite pound and license fees unpaid within the time specified herein, may be destroyed or otherwise disposed of by the Animal Control Officer, or By-Law Enforcement Officer in which case those costs incurred will be borne by the Village of Beiseker.  However, provided the owner is duly informed and acknowledges ownership of the animal, the Village of Beiseker may then bill the owner for such expenses that have actually been incurred.

            (c)        Any animal so captured and impounded shall not be released from the                             pound unless the owner can prove to the Pound Keeper that all fines                                and pound fees have been paid and a current license has been obtained                           if required, pursuant to the provisions of this By-Law.

             (d)        The Animal Control Officer or By-Law Enforcement Officer may retain an animal for a  longer period if in his/her opinion the circumstances warrant the expense.

            (e)        The purchase of any animal 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 animal shall cease thereupon.

  

10.       PENALTIES AND FEES

(a)                 Any person who contravenes any provision of this By-Law is guilty of an offence and is liable to a penalty as set out in Schedule "C" of this By-Law;

 (b)       Fees for licensing, impounding, boarding and feeding the animal shall be charged to the Owner of the animal at the rates set out in Schedule "A";

  (c)      Where an Animal Control Officer, By-Law Enforcement Officer or an RCMP Officer believes that a person has contravened any provision of this By-Law, he may commence proceedings by issuing a summons by means of a violation ticket in accordance with Part 2 of the Provincial Offences Protection Act, S.A. 1988, Chapter P21.5 and amendments thereto.

             (d)    Notwithstanding Section 10(c):

    (i)       Where any person contravenes the same provision of this                          By-Law twice  within one (1) twelve (12) month period, the                         specified penalty payable in  respect of the second                                   contravention is double the amount shown in Schedule "C"                         of this Bylaw in respect of that provision;

                          (ii)      Where any person contravenes the same provision of this Bylaw                                       three or more times within one (1) twelve (12) month period, the                                       specified penalty payable in respect of the third or subsequent                                         contravention is triple the amount of the fine for the second                                           offence in respect of the provisions shown in Schedule "C"                                               of this By-Law;  and

                      (iii)          Any animal, after committing five (5) or more violations under this                                  By-Law, may be destroyed and the entire cost of fines and                                           euthanasia shall be paid by the owner of the said animal.

          (e)        Subsection 10 (a) does not apply to vicious dogs;

             (f)        Subsection 10(b) applies to vicious dogs, however the fees outlined in Schedule "D" shall be used as a basis rather than Schedule "C";

            (g)        The rates for annual license fees, penalties and related fees as set out in this By-Law, may be amended or revised from time to time by a resolution of Council.

  11.              LIABILITY FOR DAMAGE

The Village of Beiseker, Animal Control Officer or By-Law Enforcement Officer will not be held liable for any damages whether direct or indirect, suffered by any person or premises as a result of any obligation of the Village of Beiseker, the Animal Control Officer or the By-Law Enforcement Officer  to discharge any of its obligations pursuant to this By-Law, unless the Village of Beiseker, the Animal Control Officer or the By-Law Enforcement Officer are proven grossly negligent.

 

12.       SEPARATE & SEVERABLE

Each section of this By-Law shall be read as being separate and severable from

each other section.  If any portion or section of this By-Law is declared invalid

by a Court of  competent jurisdiction, then the validity of this By-Law in whole

or in part, other than the part so declared, shall not be affected and such invalid

portion or section of the By-Law shall be read as being separate and severable

from the rest of the By-Law. 

 

 

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