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TOWN OF LACOMBE

BYLAW 247 CONSOLIDATED

  A bylaw of the Town of Lacombe to prevent and compel the abatement of nuisances generally, and regulating untidy and unsightly premises.
WHEREAS the Municipal Government Act, R.S.A. 1994, c. M-26.1, s.7 authorizes a Council to pass a bylaw preventing and compelling the abatement of nuisances generally and regulating untidy and unsightly premises, and

 
WHEREAS the said Municipal Government Act further provides that in any bylaw passed under said section, Council may make any provisions that it considers necessary to carry out the purposes of the bylaw; and

 
NOW THEREFORE the Council of the Town of Lacombe duly assembled, enacts as follows:
  1. Definitions:
  1. "Council" shall mean the Council of the Town of Lacombe or its duly appointed agents.  Agents shall include any town employee; a member of Council; a Bylaw Enforcement Officer; any member of the Lacombe Police Force; any peace officer, the Town solicitor, or any other person so appointed by resolution of Council.
  1. "Occupant" shall mean the owner, agent, lesee, manager, or tenant of any property or premises within the Town of Lacombe, whether actually occupying or legally responsible for any property or premises.
  1. "Town" or "Town of Lacombe" shall mean all lands within the corporate limits of the Town of Lacombe.
  1. Words in the plural shall import the singular and vice versa.
  1. Words in the masculine shall import the feminine and vice versa.
  1. "First Offence" shall mean a violation in any calendar year".(03/09/98)
  1. "Second Offence" shall mean a violation that occurs within a twelve (12) month period following the first offence. (03/09/98)
  1. "Third and subsequent Offence" shall mean a violation that occurs within a twelve (12) month period following the second offence. (03/09/98)
  1. "Animal Control Officer" means a person employed from time to time by the Contractor under the contract between the Town and the Contractor to enforce the provisions of this bylaw, or a person so appointed by the Town. (04/09/01)
  1. "Cat" means either male or female of the feline family. (04/09/01)
  1. "Contractor" means a person employed or under contract by the Town of Lacombe to enforce the provisions  of this bylaw and maintain and administer an impound facility for cats. (04/09/01)
  1. "Owner" means any person who owns or possesses or has charge of or control over any cat. (04/09/01)
  1. "Runs at large" means off the premises of the Owner and not under the control over any person. (04/09/01)
  1. All occupants shall cut the grass and maintain any boulevard which abuts or flanks any property so owned, leased, or occupied.
  1. All occupants shall eradicate excessive concentrations of dandelions or noxious weeds and cut the grass on any property so owned, leased or occupied.
  1. All occupants shall remove from such property any dead plants, grass or brush which may constitute a fire hazard, or prune any trees or shrubs thereon that in any way interfere with or endanger any lines, poles, conduits, or pipes, sewers, signs, roadways, or any other works of the Town of Lacombe or any other public utility.
  1. No occupant shall permit the accumulation of dirt, stone, old implements or automobiles, or inoperable automobiles, scrap iron, or any other rubbish so as to cause an unsightly or untidy condition, or hazard, or a nuisance.

  1. No person shall dump or cause to be dumped, any rubbish, garbage, waste petroleum products (either liquid or solid), or to dispose of any material whatsoever in, about, near, or upon any area within the Town of Lacombe except as such place or places specifically designated by Council and in such a manner as may be from time to time prescribed by Council.

6.1 No more than three (3) cats shall be kept or harboured at one time on the land or premises occupied by their owner. (03/09/98)
6.2 No person shall allow any cat owned, harboured or controlled by him to: (03/09/98)
  1. Enter or be upon any land or property not owned or leased by him.
  2. Defecate or urinate or spray on any property not owned by him.
  3. Howl, whine or make any other disturbing noises.
6.3 Responsibilities of an Animal Control Officer (04/09/01)
  1. The Animal Control Officer shall keep an up to date record of all complaints, notices, and reports regarding cats and a similar record of their disposition.
  1. The Animal Control Officer, a Peace Officer, or a Bylaw Enforcement Officer may seize and impound any cat running at large.
6.4 Interference with Enforcement of Bylaw (04/09/01)
  1. No person, whether or not he is the owner of a cat which is being or has been pursued or captures shall:
  1. interfere with or attempt to obstruct an Animal Control Officer, Peace Officer, or Bylaw Enforcement Officer who is attempting to capture or who has captured any cat in accordance with the provisions of this bylaw; or
  1. open the van or vehicle in which cats captured for impoundment have been placed, so as to allow or attempt to allow any cat to escape therefrom; or
  1. remove or attempt to remove any cat from the possession of the Animal Control Officer, Peace Officer, or Bylaw Enforcement Officer.
6.5 Release of Impounded Cats (04/09/01)
  1. The Contractor shall keep all impounded cats for a period of at least 72 hours, including the day of impounding.  Sundays and Statutory Holidays shall not be included in the computation of the 72 hour period.  During this period, any cat may be redeemed by its Owner upon payment to the Contractor of:
  1. kennel fees as specified from time to time in the contract between the Town and the Contractor for every 24 hour period or fraction thereof that the cat has been impounded.
  1. At the expiry of the 72 hour period, any cat not redeemed may be destroyed or sold and the money kept by the Contractor.
  1. The Contractor or Animal Control Officer shall report any apparent illness, communicable disease, injury, or unhealthy condition of any cat to a veterinarian and act upon his recommendation.  The Owner, if known, shall be held responsible for all charges resulting therefrom.
6.6 Trapping of Cats (04/09/01)

  1. Any person who has a complaint about a cat running at large or causing damage to his property, may obtain a cat trap from the Animal Control Officer.

  1. A complainant, upon receiving a cat trap, shall comply with Attachment A of this Bylaw, and such other terms and conditions as the Contractor may require.
6.7 Penalties (04/09/01)
  1. Every Owner of a cat:
  1. whose cat runs at large is guilty of an offence under Section 6.2 (a) and, upon conviction, shall be liable to a fine of $50.00;
  1. whose cat damages public or private property is guilty of an offence under Section 6.2 (b) and upon conviction, liable to a fine of $50.00;
  1. who contravenes any provision of section 6.4 (i) a, b, c, of this bylaw is guilty of an offence and, upon conviction, shall be liable to a fine of $50.00;
  1. who commits for a second time any of the offences listed in paragraphs (a), (b), and (c) herein, within 6 months of committing such offence the first time,
  1. shall be liable, upon conviction for such second offence, to a penalty of $75.00.
  1. who commits for the third time any of the offences listed in paragraphs (a), (b), and (c) herein, within 6 months of committing such offence the second time, shall be liable, upon conviction for such third offence, to a penalty  of $100.00.
  1. No person shall:
  1. entice a cat to run at large; or
  1. tease a cat caught in a cat trap; or
  1. throw or poke any object into a cat trap when a cat is caught therein; or
  1. fail to check a set cat trap on his premises hourly, or as otherwise required by the Contractor; or

  1. Any person who contravenes  section 6.7 ii a, b, c, and d is guilty of an offence and, upon conviction, shall be liable for a fine of $200.00
  1. All existing gas, electrical, water, sewer or other services to the site of an unoccupied building, structure, erection, or excavation shall be shut off.  Said gas, electrical, water, sewer, or other service shall be capped by plugs, caps, or clean-outs properly screwed, caulked, or soldered into place, if deemed necessary by the Council or its duly appointed agents.
  1. No personal shall within the Town of Lacombe make, or cause to be made, by amplifiers, loud speakers, or any other means whatsoever, any unnecessary or unusual noise likely to disturb the peace and quiet of the area, unless permission to do so has first been obtained from Council.
  1. No occupant shall make or cause to be made any unnecessary noise likely to disturb other persons in the neighborhood.
  1. Construction projects likely to disturb the peace and quiet of any residential neighborhood shall be prohibited from beginning work until 7:00 a.m. and shall conclude their activities for that date not later than 11:00 p.m.
  1. Any Bylaw Enforcement Officer, member of the Lacombe Police, or any duly authorized officer of council is hereby authorized to enter any lands, buildings, or premises, other than a dwelling house, within the Town of Lacombe to inspect for conditions that may constitute a nuisance or contravene or fail to comply with the provisions of the bylaw.
  1. Any person who enters property to remedy any condition as directed by Council shall be deemed to have the authorization of Council and shall not incur any liability therefore.
  1. When, in the opinion of the officer set forth in Section 11 of this Bylaw, a condition exists which is in contravention of any of the provisions of this bylaw, the officer shall issue a warning notice to the owner, agent, lessee, or occupier of the land or premises in question, advising of the condition and directing that the condition be rectified within seven (7) days.
  1. If the owner, agent, lessee, or occupier fails, neglects, or refuses to remedy any condition on his land or premises that do not comply with the provisions of this bylaw within the time period as set forth in the notice issued pursuant to Section 13 of this Bylaw:
 
  1. The Town of Lacombe may, by the Lacombe Police or other officers, cause to be served on the offending party a voluntary penalty tag or ticket allowing payment to the Town in lieu of prosecution, payment to be made at the Town Office Building, Lacombe, Alberta during regular business hours, or mailed to the Town of Lacombe, 5034 - 52 Street, Lacombe, AB   T4L 1A1, the following penalties:
  1. $50.00 first offense
  2. $100.00 second offense
  3. $200.00 third offense and for each subsequent offense thereafter

 
 
  1. The Town of Lacombe may direct that the condition be rectified within seven (7) days.
15.
  1. If the voluntary penalty is not paid to the Town of Lacombe within fourteen (14) days, a summary conviction notice shall be prepared and executed by the Lacombe Police or such other officer as designated by the Town of Lacombe.
 
  1.  Upon conviction in a court of law, the person shall be liable to a fine not less than those in s.14.a) of this bylaw, and not more than Five Hundred Dollars ($500.00) exclusive of costs.
  1. Notices in sections 14.a), 14 b) and 15 of this bylaw shall be deemed served if sent to the owner, agent, lessee or occupant by registered mail or delivered in person to the owner, lessee, or occupant by duly appointed agent.
  1.  
17.1 If the owner, agent, lessee, or occupant fails, neglects, or refuses to remedy any condition of his land or premises that does not comply with the provisions of this bylaw within the time period as set forth in the offense ticket or tag issued, pursuant to s. 14.b) of this bylaw, the Council may, by resolution, cause such work to be done as it considers necessary to remedy the condition.
17.2 An owner who considers themselves aggrieved by an order or direction hereunder may, within fourteen (14) days of the date upon which service of the order or direction was made, appeal that order or direction to Council.
17.3 After considering an appeal, Council may confirm the direction or, for any reason, may set aside, vary or modify the direction.

 
  1. Where Council has caused the condition to be remedied pursuant to s. 17 of this bylaw, Council shall charge the costs of the work done to remedy the condition to the owner, agent, lessee or occupant concerned and in default of payment may:

 
  1.  recover the same as a debt due to the Town, or
  1. charge the same against the land concerned as taxes due and owing in respect of that land, and recover the same as such.
  1. Wherever the Council directs that an owner, agent, lessee, occupier or other person shall do any matter or thing, then in default of its being done, the owner, agent, lessee, occupant, or other person, or any or all of them, shall be liable to prosecution and it shall be no defense for any owner, agent, lessee, occupant, or other person so prosecuted to allege that any other person is responsible for such default.

  1.  Bylaw G-247 and amendments are hereby repealed.

  1. This bylaw shall come into effect upon final passage thereof.

INTRODUCED AND GIVEN FIRST READING this 15th day of April, A.D. 1996

GIVEN SECOND READING this 15th day of April, A.D. 1996.

UPON UNANIMOUS CONSENT, GIVEN THIRD AND FINAL READING this 15th day of April, A.D. 1996.


ATTACHMENT "A"
(04/09/01)

  1. A citizen of the Town of Lacombe who is annoyed with damages  done to his property as a result of a cat "Running at Large", may contact the Contractor or the Town and voice a complaint, requesting a  cat trap.
  2. The Complainant will attend at the office of the contractor, and if the complaint is found to be valid, the complainant will be requested to sign the form and a agreement provided by the Contractor, and the contractor will then provide a cat trap to the Complainant.
  3. The Complainant will be required to pay a $20.00 deposit to the Contractor. This will be returned to the Complainant at such time as the trap is returned and is found to be in the same condition it was at the time it was obtained from the Contractor.  
  4. The Complainant will set the trap in a place shaded from the hot sun, on the premises of the Complainant for a period of not more than 72 hours, after which time he will return the trap to the Contractor.
  5. It will be the responsibility of the Complainant to check the trap hourly, or as approved by the Contractor and, if an animal is caught, the Complainant must bring the animal and the trap to the Contractor within 24 hours following the trapping.
  6. The Contractor may enter and inspect the premises of the Complainant and ascertain if a cat trap  has been properly placed  or set and if a cat has been trapped.
  7. The Complainant shall not leave a trap set on his property unattended when absent therefrom for any period of time whatsoever, except as approved by the Contractor.
  8. At such time as the Contractor takes possession of a trapped cat, the Contractor will try to locate an identifying tag or tattoo on the cat and, if found, will make every effort to contact the Owner of the cat in order to report that it has been impounded by Animal Services.
  9. If an identifying tag or tattoo cannot be found on the impounded cat, the Contractor will keep the cat for a period of at least 72 hours and , after that time, as space permits. After the 72 hour period, it shall be at the discretion of the Contractor as to whether or not the trapped cat shall be kept, sold to a new owner , or be euthanized. However, not withstanding the care taken to ensure return of an Owners cat, if a trapped  cat shall be be found by the Contractor to be wild  and dangerous and/or seriously injured, it may be euthanized immediately  upon being impounded by Animal Services.
  10. At such time as a cat owner attends at Animal Services for the purpose of picking up his or her cat which was running at large, an offence ticket will be issued in accordance with this by-law. 
  11. It is the responsibility of the Complainant to ensure that, once a cat has been trapped on his property, that said cat shall not be abused contrary to Section 6.7 ii b and 6.7 ii c  of this by-law, by anyone on his  property or anyone coming onto his property.
  12. Any person seeing a cat in a trap being abused is encouraged to report the abuse to the Contractor, at which time the Contractor will immediately attend  at the premises where the abuse has taken place  and will remove the cat and the trap forthwith.
  13. The Contractor  will not provide services after normal business hours.
  14. No cat traps will be provided by the Contractor  to a Complainant when weather conditions are, or forecast to be, colder than 0 degrees Celsius within  the 72 hour period from the time of issue.
  15. Any person  who abuses, teases, or pokes an animal in a cat trap or is causing pain, suffering, or injury to any animal may be charged with an offence under Section 446 of the Criminal Code of Canada.
 
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