VILLAGE OF HYTHE

BYLAW # 491

A BYLAW OF THE VILLAGE OF HYTHE IN THE PROVINCE

OF ALBERTA FOR THE PURPOSE OF PROVIDING LICENSING REGULATIONS AND CONTROL OF VICIOUS AND/OR RESTRICTED DOGS.

          1.        This Bylaw shall be called “The Vicious and/or Restricted Dog Bylaw”

2.       a)  All provisions of Bylaw # 468, the Dog Control Bylaw, and amendments from time to time, are incorporated into and shall form a part of this Bylaw, except to the extent that such provisions shall conflict with or are inconsistent with this Bylaw.  In the case of such conflict or inconsistency, the provisions of this Bylaw shall prevail.

         3.       DEFINITIONS:

(a)  “Canine Good Neighbor Test” means a test which may be administered to a dog suspected or declared as vicious and/or restricted in nature by a person trained and certified to conduct the test as authorized by the Canadian Kennel Club.

(b)  “Peace Officer”  means a member of the Royal Canadian Mounted Police, a Peace Officer appointed pursuant to the Alberta Peace Officer Act, a Special Constable, a Bylaw Enforcement Officer employed by the County of Grande Prairie # 1 or an Animal Control Officer employed or contracted by the County of Grande Prairie # 1

(c)  “Poundkeeper” means a person or persons, employed or contracted by the County of Grande Prairie # 1 to deliver animal shelter services including, but not limited to:  euthanasia, shelter, animal protection, adoption, licensing, documentation and enforcement

(d)  “Restricted Dog” means any dog, whatever its age, of the following breeds or kinds:

i.       Pit Bull Terrier

ii.      American Pit Bull Terrier

iii.     Pit Bull

iv.      Staffordshire Terrier

or any dog of mixed breeding which can be identified through its physical characteristics as a dog partially of the above mentioned breeds or kinds by a veterinarian licensed to practice in Alberta unless the dog has successfully passed a Canine Good Neighbor test on a yearly

(e)  “Vicious Dog” means a dog of any age including a restricted dog, which when on or off the property of its owner:

i)  shows a propensity, disposition or potential to attack or injure, without provocation, other animals or humans, or

ii)  without provocation, chases persons who approach it, or

iii)  is a continuing threat of serious harm to other animals or humans, or

iv)  without provocation, has attacked persons or other animals

 4.      a)  A owner shall obtain and keep in force a restricted license for his or her vicious and/or
    restricted dog

b)  The restricted license fee for a vicious and/or restricted dog shall be One Hundred Dollars ($100.00) per year

 5.      A dog that has been deemed a vicious and/or restricted dog may revert to normal dog status by passing the Canadian Kennel Club, Canine Good Neighbor evaluation as administered by a trained and authorized evaluator.

6.        a)    At all times while a vicious and/or restricted dog is on the premises of its owner, the owner shall either keep such dog confined indoors under the effective control of a person over the age of sixteen  (16) years, or confined in a securely enclosed and locked pen, or other structure, constructed to prevent the escape of the vicious and/or restricted dog, and capable of preventing the entry of young children.

    b)     Such pen 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 one (1) foot.

    c)    When any vicious and/or restricted dog is off the premises of the owner, the owner shall securely muzzle such dog, and either harness it or leash it securely to effectively prevent it from attacking or biting a person or other animal.

    d)    Subsection (c)  shall not apply when the vicious and/or restricted dog is in a pen meeting the requirements of subsection (b), or when the vicious and/or restricted dog is in a building or enclosure in attendance at a bona fide dog show.

7.      a)  The owner of a dog, which the owner believes to be a vicious and/or  restricted dog, shall keep such dog in accordance with the provisions of Section 6 of this Bylaw.

b) If the Poundkeeper or Peace Officer determines that a dog is a vicious and/or restricted dog, either through personal observations or after an investigation initiated by a complaint, he or she may, in writing:

i.   inform the owner that his dog has been determined to be a vicious and/or restricted dog and

ii.   require the owner to keep such dog in accordance with the provisions of this Bylaw and

iii.     inform the owner that if the vicious and/or restricted dog is not kept in accordance with Section 6 of this Bylaw, the owner shall be fined, or subject to enforcement action pursuant to Section 9 and 10 of this Bylaw.

8.     The owner of a vicious and/or restricted dog shall take all necessary steps to ensure that such dog does not bite, chase or attack any persons or other animals, whether the person or animal is on the property of the owner or not.

9.      In addition to the fines provided in Bylaw # 486, the Dog Control Bylaw #  468 and amendments from time to time,  persons who commit offence In addition under this Bylaw are subject to the following fines:

a)    failure to obtain and keep in force a restricted dog license  $500.00

b)    failure to muzzle or otherwise secure a vicious and/or restricted dog when off the premises of the owner                             $500.00

c)    if a vicious and/or restricted dog bits or attacks a person or animal causing injury, the owner shall be subject to a fine of        $1,500.00

d)    permitting a vicious and/or restricted dog to run at large     $500.00

e)    an owner who commits for a second time any of the offences listed in this Section, providing the offence is committed within six (6) months of committing the first offence – double the initial penalty

10.        In addition to the remedies set forth in this Bylaw, if the Poundkeeper or Peace Officer determines that a vicious and/or restricted dog is not being kept in accordance with the Bylaw, he may:

  a)  make application pursuant to the provision of the Municipal Government Act for an order directing that such dog be controlled.in accordance with this Bylaw or be removed from the Village and

b)  make a complaint pursuant to the Dangerous Dogs Act for an order directing the dog be controlled or destroyed.

11.        a)  The Poundkeeper shall keep all impounded, vicious and/or restricted dogs for a period of at least ninety-six (96) hours including the day of impounding. Sundays and statutory holidays shall not be included in the computation of the ninety-six (96) hour period.  During this period any healthy, vicious and/or restricted dog may be redeemed by its owner, upon payment to the County of Grande Prairie of:

i.    the appropriate fine where applicable, and
ii.    the appropriate license fee when such a dog is not licensed, and
iii.   kennel fees as identified in the County of Grande Prairie fee schedule, as amended from time to time, for every twenty four (24) hour period or fraction thereof such a dog has been impounded.

        b)  At the expiration of the ninety-six (96) hour period any vicious and/or restricted dog not redeemed shall be destroyed.

        c)  The County Poundkeeper shall report any apparent illness, communicable disease, injury or unhealthy condition of any such dog to a veterinarian and act upon his recommendation.  The owner, if known, shall be held responsible for all charges resulting.

12.      SEVERABILITY:

Should any provision of this Bylaw become invalid, void, illegal or otherwise enforceable, it shall be considered separate and severable from the Bylaw and the remainder shall remain in force and be binding as though such provision had not been invalid.

13.      This Bylaw shall come into effect upon the date of its finally being passed

READ A FIRST TIME December 10, 2007.

READ A SECOND TIME December 10, 2007

AND BY UNANIMOUS CONSENT OF THE COUNCILLORS PRESENT READ A THIRD AND FINAL TIME December 10, 2007.