BYLAW NO. 2018/7 (Animal Control Bylaw) (As amended by Bylaws No. 2018/19, 2019/10, 2019/27 and 2020/15)

A BYLAW OF RED DEER COUNTY, IN THE PROVINCE OF ALBERTA, TO PROVIDE FOR THE LICENSING AND REGULATION OF ANIMALS WITHIN RED DEER COUNTY.

WHEREAS pursuant to the provisions contained in the Municipal Government Act of Alberta, as amended, Council may by Bylaw do all things with respect to the regulation of any wild and domestic animals and activities in relation to them within Red Deer County; and

WHEREAS it is desirable and in the best interests of Red Deer County that a Bylaw be passed for the regulating and licensing of animals within Red Deer County;

NOW THEREFORE the Council of Red Deer County enacts as follows:

1.0 TITLE

1.1 This bylaw may be referred to as the "Animal Control Bylaw.”

2.0 DEFINITIONS

2.1 Act means the Municipal Government Act of Alberta, as amended.

2.2 Adjacent means land or a portion of land that is adjoining to another parcel of land and includes land or a portion of land that would be contiguous if not for a public roadway, primary highway, river or stream, or reserve parcel.

2.3 Animal shall mean any live animal, both domestic and wild and includes fowl but does not include Prohibited Animals listed in Schedule "D" of this bylaw.

2.4 Animal Control Officer means a company/person contracted and authorized by Red Deer County to provide animal control services.

2.5 Animal Nuisance means and includes any use of or activity upon any premises which is offensive to any person acting reasonably, or has or may be reasonably expected to have a detrimental impact upon any person or other premises in the neighborhood or is dangerous or an imminent danger to public health or safety, or materially depreciates the value of other land or improvements on adjacent land, and without limiting the generality of the foregoing, animal related nuisances may include the following:

a) noise; b) trespass upon property; c) threat to public safety; d) accumulation of animal waste; e) accumulation of material contaminated by animal waste; f) disposal of animal waste; g) disposal of material contaminated by animal waste; h) disposal of carrion; or i) lack of adequate containment or shelter;

which in the opinion of a Peace Officer, having regard for all circumstances, is injurious or obnoxious or likely to unreasonably injure, endanger or detract from the comfort, repose, health, peace or safety of persons or property within the boundaries of the County. Bylaw No. 2018/7 - Animal Control Page 2

2.6 Animal Unit means, for a type of livestock listed in Schedule “A” attached to this Bylaw, the number determined by multiplying the number of individuals of the type of livestock by the factor listed in Schedule "B” attached to this Bylaw for that type of livestock.

2.7 At Large or Running At Large means

(a) in a rural area, a dog which is off the premises of its owner and is not under the effective, immediate and continuous control of its owner; and

(b) in a residential area, a dog which is off the premises of its owner and not on a leash held by a person physically able to maintain immediate, effective and continuous control of the dog.

2.8 Attack means to begin to affect harmfully and refers to humans or animals.

2.9 Bite means wound to the skin causing it to bruise, puncture or break.

2.10 Council and County Council mean the Council of Red Deer County, Province of Alberta.

2.11 County means Red Deer County, Province of Alberta.

2.12 County Manager means the Chief Administrative Officer of Red Deer County or his delegate.

2.13 Dog means a male or female member of the canine family.

2.14 General Penalty Bylaw means the County’s General Penalty Bylaw as amended or replaced from time to time.

2.15 Hen for the purpose of this Bylaw shall mean a domesticated fowl valued for its meat and eggs, but does not include other fowl types such as turkeys, ducks, geese, or guinea fowl.

2.16 Judge means a Provincial Court Judge or a Justice of the Peace appointed in the Provincial Court of Alberta.

2.17 Land Use Bylaw means the County's Land Use Bylaw as amended or replaced from time to time.

2.18 Offspring means the progeny of any animal dependent upon its parents for the necessities of life, and which, without limiting the generality of the foregoing shall mean progeny under the age of six months. Except as specified in Schedule “A,” offspring are excluded from the maximum permitted Animal Unit and Hen numbers noted in this Bylaw.

2.19 Owner means any person, partnership, association or corporation owning, possessing or having charge of or control over any animal.

2.20 Park means any public place designated by the County and described as a park in any County Bylaws.

2.21 Peace Officer means (a) a member of the Royal Canadian Mounted Police, and (b) a Peace Officer appointed for Red Deer County pursuant to the Peace Officer Act, SA 2006, c. P-35. Bylaw No. 2018/7 - Animal Control Page 3

2.22 Permit means a permit issued to an owner pursuant to Section 5 of this Bylaw.

2.23 Prohibited Animal are those animals that are not permitted within Red Deer County and are listed in Schedule "D" of this bylaw.

2.24 Public Place means and includes any place to which the public has access as of right or by invitation, express or implied, and, without restricting the foregoing, to constitute a public place, it is not necessary that all segments of the public have a right of access to the place.

2.25 Residential Area means and includes any hamlet, mobile home park or any residential area zoned as a residential district in the County’s Land Use Bylaw which said district specifies the main use is for residential buildings or a park or public place in Red Deer County. For the purposes of this bylaw, this includes any area the County Manager has designated as an area where dogs are to be on leash and signage advising of the requirement is posted in the area.

2.26 Rural Area means any part of the County which is not a residential area as defined by Subsection 2.25.

2.27 Severe Injury means and includes any injury resulting in broken bone or bones, disfiguring lacerations, sutures, cosmetic surgery and further includes any other injury as determined to be severe by a Court upon hearing the evidence.

2.28 Urban Hen for the purpose of this Bylaw shall mean a domesticated fowl valued for its eggs and housed on parcels smaller than 1.99 acres, but does not include other fowl types such as turkeys, ducks, geese, or other guinea fowl.

2.29 Violation Ticket means a ticket issued pursuant to Part II of the Provincial Offences Procedure Act, RSA 2000, c. P-34, as amended, and Regulations thereunder.

3.0 AUTHORITY

3.1 The County Manager is hereby authorized to administer and enforce the provisions of this bylaw and may levy charges in accordance with this bylaw or as may be authorized by Council pursuant to the provisions of this bylaw. When this bylaw authorizes the County to act or gives to the County a discretion, the County Manager is authorized to act on behalf of the County.

3.2 The County Manager is hereby authorized to conclude on behalf of the County, any agreement, contract or transaction with a company/person for the purposes of providing animal control services and enforcement of the provisions of this bylaw.

3.3 The County Manager is hereby authorized to consider and approve formal applications received for urban hen permits that exceed the number of permits as specified in Sections 5.3 and 5.4 in accordance with Schedule “C,” on the condition that referrals to adjacent landowners are included in this approval process.

4.0 APPLICABILITY

4.1 This bylaw regulates Prohibited Animals upon all properties of Red Deer County, regardless of parcel size or land use district. Bylaw No. 2018/7 - Animal Control Page 4

4.2 This bylaw does not regulate livestock, hens, or other fowl birds on properties zoned Agricultural District (AG) regardless of parcel size or County Residential (R-1) parcels 10 acres and greater in size.

4.3 If the number of livestock located on a Country Residential (R-1) or Agricultural parcel meets or exceeds the Natural Resources Conservation Board’s (NRCB) requirements for registration, the landowner must contact the NRCB and attain appropriate approvals.

4.4 The maximum number of Permitted Animal Units allowed is as specified in Schedule "B" attached to this Bylaw.

4.5 Any resident wishing to exceed the number of permitted Animal Units as specified in Schedule “B” on Country Residential parcels greater than 3 acres in size will be required to submit a formal request for review as the County Manager has the authority to approve additional animal units. Referrals to adjacent landowners may be required.

4.6 The number of Animals and Animal Units for any animal not listed in Schedule “A” may be determined by the County Manager based on reasonable comparisons of animal weight and waste.

4.7 All animals and livestock must be confined to the owner’s parcel and maintained solely for the private use of the residents.

4.8 The keeping of any wildlife, endangered, and or exotic animals, either on a temporary or permanent basis, must be in accordance with, and as defined in, the Province of Alberta Wildlife Act.

4.9 No person shall allow an animal on the premises, or animal activities upon the premises, to become an animal related nuisance or be in an unsightly condition.

4.10 No person shall tease, torment, annoy, abuse or injure any animal upon all properties regulated under this Bylaw.

5.0 URBAN HENS

5.1 On parcels of land located in multi parcel subdivisions zoned as Country Residential District (R-1) 1.99 acres or less in size, urban hens may be allowed without a permit as specified in Schedule “C” attached to this bylaw.

5.2 On parcels of land zoned as Estate Residential District (R-2), Live-Work Rural Residential (R-1M), Residential Low Density District (R-3), or Manufactured Home Park District (R-8), urban hens may be allowed with a permit as specified in Schedule “C” attached to this bylaw.

5.3 The maximum number of urban hen permits that may be issued for the year shall be five (5) per each Red Deer County Hamlet.

5.4 Notwithstanding Section 5.3, within the Hamlet of Springbrook, the maximum number of urban hen permits that may be issued for the year shall be ten (10).

5.5 Applications for an urban hen permit are to be submitted with the applicable fee as noted in the County’s Fee Bylaw, and each urban hen permit is valid only for the period of January 1 to December 31 in the year for which it is issued. Bylaw No. 2018/7 - Animal Control Page 5

5.6 Urban hen permits shall be issued only by Red Deer County.

5.7 An urban hen permit is not transferable from one person to another or from one property to another. 5.8 Hen coops must be built to provincial standards, abide by Red Deer County’s Land Use Bylaw, and meet all conditions as listed on the issued permit.

5.9 Coops must be maintained in good repair and sanitary condition, free from vermin and noxious or offensive smells and substances.

5.10 The Applicant must reside on the property upon which the hens will be kept.

5.11 Each hen must be kept in the coop at all times; hens are not permitted to be at large.

5.12 No person shall keep a rooster within land uses listed in Schedule “C.”

5.13 No person shall slaughter or attempt to euthanize an urban hen on the property.

5.14 The sale of eggs, manure, and other products associated with the keeping of urban hens is prohibited.

5.15 Where this bylaw requires a minimum standard, Red Deer County may impose a condition to an urban hen permit requiring a higher standard where it is deemed by Red Deer County that adherence to the minimum standard may result in conditions that unduly interfere with or affect the use, enjoyment of value of neighboring properties.

6.0 DOGS

6.1 No owner of a dog shall allow a dog to run at large.

6.2 No owner shall allow a dog to bark or howl to the extent that such barking or howling disturbs any person.

6.3 No owner shall allow a dog to damage public or private property.

6.4 No owner shall allow a dog to bite any person.

6.5 No owner shall allow a dog to bite any animal.

6.6 No owner shall allow a dog to attack a person and cause any person a severe injury.

6.7 (a) No owner shall allow a dog to defecate on any public or private property other than the property of its owner.

(b) If a dog defecates on any public or private property other than the property of its owner, the owner shall cause such defecation to be removed immediately.

(c) An owner of a service dog being assisted by said service dog is not subject to the obligation of subsection 6.7(b).

6.8 An Animal Control Officer or Peace Officer may:

(a) conduct patrols within various locations of the County for the purposes of enforcing the provisions of this bylaw, or Bylaw No. 2018/7 - Animal Control Page 6

(b) impound or cause to be impounded any dog which is found to be running at large on a County highway or other public place or on private property if requested by the owner or occupant of the private property to have the dog removed from the private property.

6.9 (a) Impounded dogs shall be maintained in a pound, duly designated by the County, for not less than five days, during which time the dog shall be advertised as being incarcerated after which time the dog may be sold for an amount not less than the impoundment fees and costs or destroyed.

(b) A person claiming an impounded dog shall pay to the pound keeper an amount not less than the impoundment fees and costs.

6.10 (a) Upon being apprised there is a serious outbreak of hydrophobia or rabies, or any other virulent communicable disease known to be transmitted by dogs or other domestic animals, the County Manager or his delegate, is hereby authorized to proclaim the County or any of its parts as an area in which dogs or other domestic animals are absolutely restricted or confined to the property of the owner of such animals for such period as is deemed expedient in the judgment of the County Manager or his delegate.

(b) Any owner of a dog failing or neglecting to comply with an order prescribed by subsection 6.10(a) is guilty of an offence punishable on summary conviction.

(c) Without abridging the prohibition contained in subsection 6.10(b), any dog found contrary to the requirements of this section may forthwith be captured or destroyed, as the circumstances warrant, by any Animal Control Officer, Peace Officer, agent or employee of the County, or any other person authorized to do so by the County Manager or his delegate during the period the order is in effect.

7.0 PROHIBITED ANIMALS

7.1 No person shall keep, either on a temporary or permanent basis any Prohibited Animals as specified in Schedule “D” on any properties within Red Deer County boundaries.

7.2 Any Prohibited Animals located within the County must be euthanized or removed from the County within seven (7) days of receiving written notice from a Peace officer, the cost of removal will be at the sole responsibility of the landowner.

8.0 OFFENCES

8.1 Subject to any registered non-conforming use of land in existence at the time of this bylaw, any person who keeps or harbors any Livestock, Hens or Fowls in contravention to this Bylaw is guilty of an offence.

8.2 Any person who keeps or harbors any Animals identified in Schedule "A" or "C” to this bylaw within the municipal boundaries of the County which create a Nuisance as defined in this bylaw is guilty of an offence.

8.3 Every owner of a dog who contravenes any of the provisions of this bylaw by: (a) doing any act or thing which the person is prohibited from doing, or

(b) failing to do any act or thing the person is required to do so is guilty of an offence. Bylaw No. 2018/7 - Animal Control Page 7

9.0 PENALTIES 9.1 Where an urban hen permit has been issued, Red Deer County may revoke or suspend the permit in contravention of this Bylaw.

9.2 A person who contravenes or fails to comply with any provision of this Bylaw is guilty of an offence and liable upon summary conviction to the specified penalty set out in the General Penalty Bylaw or for offences for which a penalty is not provided in the General Penalty Bylaw is liable on summary conviction to a fine not exceeding $10,000.00, and in default of payment of any penalty, to imprisonment for up to 6 months.

9.3 Where a Peace Officer or Animal Control Officer reasonably believes that a person has contravened any provision of this Bylaw, the Peace Officer or Animal Control Officer may, in addition to any other remedy at law, serve upon the person a violation tag, in the form used by the County, allowing payment of the penalty as set out in the General Penalty Bylaw for the particular offence, which payment will be accepted by the County in lieu of prosecution for the offence, or a Peace Officer or Animal Control Officer may issue a violation ticket in accordance with the Provincial Offences Procedure Act, R.S.A. 2000, c. P-34 (as amended), allowing a voluntary payment of the penalty as set out in the General Penalty Bylaw, or, requiring a person to appear in court without the alternative of making a voluntary payment. The recording of the payment of a penalty made to the County or the Provincial Court of Alberta shall constitute an acceptance of a guilty plea and conviction for the offence.

9.4 Any person who contravenes the same provision of this Bylaw after the date of the first contravention is liable to the specified penalties for such second, third or subsequent offence in the amount set out in the General Penalty Bylaw.

9.5 The conviction of a person under the provisions of this bylaw does not operate as a bar to further prosecution for the continued neglect or failure on the part of the person to comply with the provisions of this bylaw or conditions, orders, or permits issued in accordance with this bylaw.

9.6 A certificate or document signed by the County Manager stipulating any particular relative to this bylaw shall be admitted in evidence as prima facie proof of the signature or authority of the person signing the certificate.

10.0 ORDERS BY A JUDGE 10.1 Upon conviction, a Judge may, direct, order, or declare one or more of the following:

(a) that the owner take specific steps to prevent the dog from doing mischief or causing the disturbance or nuisance complained of;

(b) that the dog be destroyed; or

(c) that the owner be prohibited from owning any dog for a specified period of time.

11.0 SEVERABILITY AND REPEAL 11.1 Should any clause or part of this bylaw be found to have been improperly enacted, for any reason, then such clause or part shall be regarded as being severable from the rest of this bylaw and the bylaw remaining after such severance shall be effective and Bylaw No. 2018/7 - Animal Control Page 8

enforceable as if the clause or part found to be improperly enacted had not been enacted as part of this bylaw.

11.2 Bylaw No. 2010/12 and Bylaw No. 2016/25 are hereby repealed on the final passing of this Bylaw.

FIRST READING: MARCH 27, 2018 SECOND READING: MAY 8, 2018 THIRD READING: MAY 22, 2018

______MAYOR Date Signed:

______COUNTY MANAGER Date Signed: Bylaw No. 2018/7 - Animal Control Page 9

SCHEDULE “A”

ANIMAL UNIT

Animal Type Animals equalling 1 Animal Unit Cows 1 Calves, up to 1 year old 2 Pigs 1 Weaner Pigs 4 Horses, Donkeys, Mules 1 Llamas 2 Miniature Horses 3 Sheep, Goats, Alpacas 3 Rabbits 20 Chickens, Turkeys, Ducks, 20 Geese or similar fowl Bylaw No. 2018/7 - Animal Control Page 10

SCHEDULE “B” PERMITTED ANIMAL UNITS

District Type Animal Unit Agricultural District & Country Residential Allowed - no District (10 acres and greater) maximum unit limit Country Residential District (R-1), Not Allowed (0.0 - 1.99 acres) Country Residential District (R-1), 1 Allowed (2.0 - 2.99 acres) Country Residential District (R-1), 2 Allowed (3.0 - 9.9 acres) Live-Work Rural Residential (R-1M) Not Allowed Estate Residential District (R-2) Not Allowed Residential Low Density District (R-3), Not Allowed (0.0 - 1.99 acres) Residential Low Density District (R-3), 1 Allowed (2.0 acres or greater) Residential Medium Density (R-4) Not Allowed Comprehensive Residential District (R-5) Not allowed Resort Residential District (R-6) Not allowed Condominium Resort Residential District (R-7) Not allowed

Manufactured Home Park District (R-8) Not Allowed

Comprehensive Town Center (CTC) Not Allowed

Commercial and Industrial Districts, PU, PI, PS Not Allowed and BSA Bylaw No. 2018/7 - Animal Control Page 11

SCHEDULE “C” MAXIMUM NUMBER OF URBAN HENS PER DISTRICT TYPE

District Type Maximum Number of Hens

Agricultural District No maximum limit

Country Residential District (R-1), (1.99 acres or less) 6 - No Permit Required

Live-Work Rural Residential District (R-1M) 4 - Permit Required

Estate Residential District (R-2) 4 - Permit Required

Residential Low Density District (R-3) 4 - Permit Required

Residential Medium Density (R-4) Not Allowed

Comprehensive Residential District (R-5) Not Allowed

Resort Residential District (R-6) Not allowed

Condominium Resort Residential District (R-7) Not allowed

Manufactured Home Park District (R-8) 4 - Permit Required

Springbrook, DCD#4; Benalto, DCD#7; and Gasoline 4 - Permit Required Alley, DCD#9A Residential Low Density Districts Comprehensive Town Center (CTC) Not Allowed

Commercial and Industrial Districts, PU, PI, PS and Not Allowed BSA Bylaw No. 2018/7 - Animal Control Page 12

SCHEDULE “D”

PROHIBITED ANIMALS

NAME / TYPE

Wild Boar (Sus scrofa)