TOWN OF LACOMBE
BY-LAW NO. 265

A Bylaw to authorize the Municipal Council of the Town of Lacombe, in the Province of Alberta to provide for the keeping and registration of dogs and preventing the spread of animal diseases that are communicable to human beings.

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 this bylaw; and

WHEREAS the Council of the town of Lacombe deems it expedient and in the public interest to pass such a bylaw;

NOW THEREFORE the Council of the Town of Lacombe duly assembled enacts as follows:

SECTION 1

1.1

This bylaw may be cited as "The Town of Lacombe Dog Control Bylaw"

SECTION 2

2.1

For the purposes of this bylaw:

1. "Running at Large" means

1. a dog or dogs which are not under the control of a person responsible by means of a leash and is or actually upon property other than the property in respect of which the owner of the dog or dogs has the right or upon a highway, thoroughfare, street, road, trail, avenue, parkway, lane, alley, sidewalk (including the boulevard of the sidewalk) park or other public place; or
   
2. a dog or dogs which are under the control of a person responsible by means of a leash and which cause damage to persons, property or other animals.

2. "Bylaw enforcement Officer" shall mean any Police Officer, Bylaw Enforcement Officer, Special Constable, Inspector or any other person duly authorized by the Town.

3. "Day" shall mean a continuous period of twenty four (24) hours.

4. "Distress" shall mean the state of being in need of proper care, food or shelter, of being injured, sick or in pain, or suffering, or being abused or subject to undue or unnecessary hardship, privation or neglect.

5. "Dog" shall mean either male or female of the Canidae or canine family unless the context shall otherwise indicate.

6. "Former Owner" shall mean the person who owned the said animal at time of impoundment and of which the animal has been sold or destroyed.

7. "License Inspector" shall mean any Police Officer, Special Constable, Bylaw Enforcement Officer, or any other person duly authorized by the Town.

8. "Owner" shall mean any person, partnership, association or corporation:

1. owning or possessing or having charge of, or control over any dog, or
2. harbouring any dog; or
3. suffering or permitting any dog to remain about his house or premises; or 
4. registered with the Town of Lacombe as the owner of any dog.

9. "Park Land" shall mean all recreational land areas owned or controlled by the Town, lying within the Town limits and whether improved in whole or in part, or in its natural state; and includes neighbourhood beautification areas, publicly maintained areas administered by the Town's Parks and Recreation Department, school grounds, playgrounds, within a site containing playground apparatus, and/or a sand play area, Fairview Cemetery, athletic fields, floral areas and includes all buildings or other improvements situated on these land areas.

10. "Pound Keeper" shall mean any Bylaw Enforcement Officer or his authorized assistants, or any other person or organization, hired or contracted by the Town and specifically charged with the responsibilities of Pound Keeper.

11. "Pound" shall mean a place or places designated by the Chief Administrative Officer as a place where dogs or other animals may be placed and kept until redeemed or otherwise disposed of by the Pound Keeper.

12. "First Offence" shall mean a violation in any calendar year.

13. "Second Offence" shall mean a violation that occurs within a twelve (12) month period following the first offence.

14. "Third and Subsequent Offences" shall mean a violation that occurs within a twelve (12) month period following the second offence.

15. "Call out Fee" shall mean an extra fee billed for services rendered outside of regular patrol hours.

16. "The Town" shall mean the municipal corporation of The Town of Lacombe or the area contained within the boundary thereof, as the context requires.

 SECTION 3

3.1

Except as provided in Section 4.2 the owner of a dog shall ensure that such dog is not running at large.

 SECTION 4

4.1

The owner of a dog shall ensure that such dog shall not:

1. bite or attack a person or persons or another animal whether on the property of the owner or not; or

2. chase or otherwise threaten a person or another animal, whether on the property of the owner or not; or

3. bark at, or chase bicycles, automobiles, or other vehicles; or

4. bark, howl, or otherwise disturb any person.  Unprovoked barking or howling in excess of 5 minutes shall be considered an offence under this section;

5. Cause damage to public or private property; or

6. be left unattended in any motor vehicle unless the dog is restricted so as to prevent access to persons as long as such restraint provides suitable ventilation.
   

7. be in or on any park lands, unless the said dog(s) are under control of the owner.  "Control" shall mean that the dog(s) are on a leash or subject to immediate response on command of the owner.

4.2

Section 4.1g shall not apply when the owner is attending  a recognized training or obedience training school for the training of his dog at a time and place approved by the Chief Administrative Officer, or his designate.

4.3

No person shall permit a dog or dogs to enter or remain in any bathing, swimming, or wading pool or any building that is provided for the use of the public.

4.4 

A female dog in heat shall be confined and housed in the residence of the owner or person having control of the dog, or have it taken to a licensed kennel, during the whole time that it is in heat.

1. Not withstanding Section 4.4, a female dog in heat may be allowed outside the residence for the sole purpose of permitting the dog to defecate on the premises of the owner.

4.5

If a dog defecates on any public or private property other than the property of its owner, the owner shall remove such defecation immediately.

 SECTION 5

No person shall keep, harbor or have custody of any dog over 3 months of age within the boundaries of the Town of Lacombe without obtaining a license for such dog from the License Inspector.

5.2

No person shall keep, harbor or have custody of a dog over three months of age within the boundaries of The Town of Lacombe without having the dog vaccinated for rabies.

5.3

Upon application by an owner for a dog license, as set out in section 5.1, and unless elsewhere provided in the bylaw, the said applicant shall pay the license fee as set out in "Schedule C" attached and forming part of this bylaw unless:

1. the applicant is sixty-five (65) years or older, a dog license shall be issued for the fee as set out in "Schedule C";

2. the person is handicapped, and is the owner of a trained guide dog, a dog license shall be issued as set out in "Schedule C".

All dog licenses shall expire on December 31 of each year.

Every dog owner shall provide a dog with a collar, to which the owner shall affix the tag for such dog and ensure that the collar and tag are worn by his dog, when the dog is off the owner's property.

In case a metallic tag is lost or destroyed, a duplicate tag will be issued by the License Inspector upon presentation by the owner of a receipt showing payment of the license for the current dog license year and, upon payment of the sum as set out in "Schedule C", another metallic dog tag will be issued.

Metallic tags are not transferable from one dog to another and no refund shall be made on any license fee due to death, or sale of dog, or upon the owner leaving the Town of Lacombe before the end of the license period.

The License Inspector shall keep a record of the name and address of each owner, the breed 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 license fee paid by the owner.

5.9

No license fee shall be required by persons temporarily in The Town of Lacombe for a period not exceeding two (2) weeks.  In any prosecution or proceedings for a contravention of this section, the onus of proof of length of time in The Town of Lacombe shall rest upon the owner of the dog or dogs.

5.10

Except as provided in Section 5.11, or unless a Kennel License is obtained pursuant to the "Land Use Bylaw" and the "Business License Bylaw", no more than two licensed dogs shall be kept or harbored at one time on the land or premises occupied by their owners.

Anyone who wishes to keep or harbor more than two (2) but not more than six (6) licensed dogs at one time on the land or premises occupied by the owner, the owner shall apply for a Development Permit and be approved by the Municipal Planning Commission.  When the Municipal Planning Commission approves the application, the dog owner shall then obtain a Business License under the "Home Occupation II" category.  All dogs shall have a current Town of Lacombe dog license, with the exception set out in Section 5.3 (b).

All dogs must be vaccinated for rabies before a dog tag is issued.  Bona fide proof must be produced to the License Inspector that said dog is vaccinated or a dog tag will not be issued.

No person shall beat, cruelly ill treat, torment, overload or otherwise abuse a dog.

No person shall abandon his/her dog or dogs.

SECTION 6

The Chief Administrative Officer shall establish one or more Pounds for the keeping and impounding of dogs and the Pound Keeper shall make all rules and regulations, in accordance with this bylaw, pertaining to the administration of the pound.

The Pound Keeper shall keep an up to date record of all complaints, notices and reports, and a similar record of their disposition.

Any Bylaw Enforcement Officer may seize and impound every dog running at large; or

1. every dog not wearing a collar and tag while off the premises of the owner; or

2. every dog creating a public nuisance; or

3. every female dog in heat not confined and housed; or

4. every dog on park land,

5. any dog in distress or being ill-treated.

Any person may take into custody any dog found running at large contrary to this Bylaw and shall, as soon as possible thereafter, inform the pound keeper or Bylaw Enforcement Officer of such action and in no case shall the time exceed twenty four hours.  The Pound Keeper or Bylaw Enforcement Officer shall immediately arrange for the impoundment of such dog or the dog shall be delivered into the custody of the Pound Keeper or Bylaw Enforcement Officer.

A Bylaw Enforcement Officer, Special Constable or a member of the Lacombe Police Service, is hereby authorized to enter any lands or premises (excluding dwelling houses) within the Town to inspect for conditions which may contravene any provisions of this bylaw and to impound any animal in accordance with section 6.3.

1. interfere or attempt to obstruct a Bylaw Enforcement Officer, Special Constable or a member of the Lacombe Police Service who is, or was, attempting to capture, or who has captured any dog in accordance with the provisions of this Bylaw; or

2. unlock or unlatch or otherwise open the vehicle or cage in which dogs, captured for impoundment, have been placed, so as to allow or attempt to allow, any dog or dogs to escape there from; or

3. unlock or unlatch, or otherwise open a live trap in which dogs have been captured so as to allow them to escape there from; or

4. damage, spring or otherwise tamper with a live trap, so as to destroy or impair the live trap's ability to capture dogs; or
   

5. remove or attempt to remove any dog from the possession of the Pound Keeper or Bylaw Enforcement Officer.

SECTION 7

The Pound Keeper or any Bylaw Enforcement Officer is hereby authorized to use live traps, or any other similar means to effect capture of dogs.  The Town of Lacombe and its employees, shall not be held liable for the death or injury of any dog as a result of any method utilized to effect capture of a dog.

7.2

1. the appropriate fine where applicable, and

2. the appropriate license fee when a dog is not licensed, and

3. euthanasia fees in accordance with the current animal control contract.

Any dog not redeemed by its owner may be adopted:

1. by any person upon payment to the pound keeper of all appropriate kennel fees and the appropriate license fee

2. at the expiration of the seventy two (72) hour period, any dog not redeemed or sold shall be humanely euthanized.

7.5

SECTION 8

Where a person is alleged to be in contravention of any provision of this bylaw, the Town of Lacombe, by its Bylaw Enforcement Officers, Special Constable or a member of the Lacombe Police Service may cause to be served on the alleged offender, a Violation Ticket in the form marked "Schedule A" (attached hereto and made a part of this bylaw or similar to), allowing payment of a penalty as specified in "Schedule B" (attached hereto and made part of this bylaw) to The Town of Lacombe in lieu of prosecution in respect to the alleged contravention.

If a person has been prosecuted for the offence named on the violation Ticket and has been convicted of such offence, the fine imposed shall not be less than the original amount on the said ticket, plus court costs.

Nothing in section 8.1 shall:

1. prevent any person from defending a charge of committing a breach of this bylaw; or

2. prevent a Bylaw Enforcement Officer or other person from laying an Information and Complaint against any other person for a breach of this bylaw.

8.4

 A Violation ticket shall be deemed to be sufficiently served:

1. if served personally on the accused; or

2. if sent to the alleged offender by registered mail, certified mail, or regular mail; or

3. by leaving it at the residence of the alleged offender.

Any person who commits a breach of this Bylaw shall, on summary conviction, be liable to the provisions of the General Penalties Bylaw.

Any person who breaches the provisions of Section 4.1 (a) shall be liable upon summary conviction of a fine of not less than $200.00 and not more than $2000.00.

SECTION 9

It is the intention of the Council of The Town of Lacombe that each provision of this Bylaw shall be deemed independent of all other provisions and it is further the intention of the Council of The town of Lacombe that if any provisions of this Bylaw be declared invalid, all other provisions shall remain valid and enforceable.

All previous Dog Control Bylaws are hereby repealed.

9.3

_______________________________
Mayor




_______________________________
Chief Administrative Officer

TOWN OF LACOMBE
BYLAW 265

SCHEDULE "B"

OFFENCE
NUMBER

OFFENCE

3.1

Running at Large

First Offence

Second Offence

Third and Subsequent Offence

4.1

bite or attack a person(s) or another animal

chase or threaten a person(s)

bark at or chase bicycles, automobiles or other vehicles

First Offence

Second Offence

Third and Subsequent Offence

barking , howling or disturbing

 

First Offence

Second Offence

Third and Subsequent Offence

cause damage to public or private property 

f

dog unattended in motor vehicle

g

on parkland or cemetery

Dog in swimming, bathing or wading  pool or public building

Female dog in heat

Defecation

5.1

Fail to obtain dog licence

5.5

Fail to wear dog licence

 5.15

Abuse a dog

 5.16

Abandon a dog(s)

6.6
a,b,c,d,e

First Offence

Second Offence

TOWN OF LACOMBE
BYLAW 265

SCHEDULE "C"