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Animal Officer

Location:
Calgary, AB, Canada
Posted:
July 03, 2020

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OFFICE CONSOLIDATION

BYLAW NUMBER **M****

BEING A BYLAW OF THE CITY OF CALGARY

RESPECTING THE REGULATION,

LICENSING AND CONTROL OF ANIMALS

IN THE CITY OF CALGARY

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

(Amended by 48M2008, 49M2008, 61M2011, 66M2014, 3M2016, 7M2016, 41M2016, 34M2017, 44M2018, 45M2018, 11M2019)

WHEREAS the Municipal Government Act enables a Council to pass bylaws respecting Animals;

AND WHEREAS the purpose of municipality includes providing services that, in the opinion of Council are necessary and desirable;

AND WHEREAS it is desirable to pass a bylaw dealing with the licensing and regulation of Animals in the City;

NOW THEREFORE THE COUNCIL OF THE CITY OF CALGARY ENACTS AS FOLLOWS:

1. This Bylaw may be cited as the “Responsible Pet Ownership Bylaw”. INTERPRETATION

2. (1) In this Bylaw unless the context otherwise requires:

(a) “Animal” means any bird, reptile, amphibian or mammal excluding humans and wildlife;

(48M2008, 2008 November 03)

(b) “Animal Services Centre” means the City facility established for the holding of impounded Animals as set out in this Bylaw;

(c) “Attack” means an assault resulting in bleeding, bone breakage, sprains, serious bruising, or multiple injuries;

(d) “Bite” means wound to the skin causing it to bruise, puncture, or break;

(e) “Bylaw Enforcement Officer” means a person appointed pursuant to Bylaw Number 60M86 to enforce the provisions of this Bylaw;

(f) “Cemetery” means land within the City and managed and controlled by The City that is set apart or used as a place for the burial of dead human bodies or other human remains or in which dead human bodies or other human remains are buried;

(f.1) “Chief Bylaw Enforcement Officer” means the person appointed as Chief Bylaw Enforcement Officer pursuant to Bylaw 60M86, the Bylaw Enforcement Officers Appointment Bylaw;

BYLAW NUMBER 23M2006

Page 2 of 32

(45M2018, 2018 October 15)

(g) “City” means the municipal corporation of the City of Calgary or the area contained within the boundary thereof as the context requires;

(h) “City Manager” means the person designated by Council as the chief administrative officer of the City or that person’s designate;

(i) “Director, Calgary Community Standards” means the City Manager or that person’s designate;

(7M2016, 2016 February 18)

(j) “Former Owner” means the person who at the time of impoundment was the Owner of an Animal which has subsequently been sold or destroyed;

(k) “Golf Course” means land which is set aside for the playing of the game of golf and upon which the game of golf is played;

(l) “Justice” has the meaning as defined in the Provincial Offences Procedure Act, R.S.A. 2000, c.P-34, as amended or replaced from time to time;

(m) “Leash” means a chain or other material capable of restraining the Animal on which it is being used;

(n) “Livestock” includes, but is not limited to:

(i) a horse, mule, ass, swine, emu, ostrich, camel, llama, alpaca, sheep or goat,

(ii) domestically reared or kept deer, reindeer, moose, elk, or bison,

(iii) farm bred fur bearing Animals including foxes or mink,

(iv) Animals of the bovine species,

(v) Animals of the avian species including chickens, turkeys, ducks, geese, or pheasants, and

(vi) all other Animals that are kept for agricultural purposes, but does not include cats, dogs, or other domesticated household pets;

(48M2008, 2008 November 03)

(o) “Muzzle” means a device of sufficient strength placed over an Animal’s mouth to prevent it from biting;

(o.1) “Nuisance Animal” means an Animal declared to be a Nuisance Animal by the Director, Calgary Community Standards in accordance with Section 36.1;

(48M2008, 2008 November 03)

(7M2016, 2016 February 18)

(p) “Owner” means any natural person or body corporate: BYLAW NUMBER 23M2006

Page 3 of 32

(i) who is the licensed Owner of the Animal;

(ii) who has legal title to the Animal;

(iii) who has possession or custody of the Animal, either temporarily or permanently; or

(iv) who harbours the Animal, or allows the Animal to remain on his premises;

(q) “Park” means a public space controlled by The City and set aside as a park to be used by the public for rest, recreation, exercise, pleasure, amusement, and enjoyment and includes:

(i) Playgrounds,

(ii) Cemeteries,

(iii) Natural areas,

(iv) Sports Fields,

(v) Pathways,

(vi) Trails, and

(vii) Park roadways,

but does not include Golf Courses.

(r) “Pathway” means a multi-purpose thoroughfare controlled by The City and set aside for use by pedestrians, Cyclists and Persons using Wheeled Conveyances, which is improved by asphalt, concrete or brick, whether or not it is located in a Park, and includes any bridge or structure with which it is contiguous;

(s) “Playground” means land within the City and controlled by The City upon which apparatus such as swings and slides are placed;

(t) “Provincial Court” means The Provincial Court of Alberta;

(u) “Running at Large” means:

(i) an Animal or Animals which are not under the control of a person responsible by means of a Leash 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, thoroughfare, street, road, trail, avenue, parkway, lane, alley, square, bridge, causeway, trestleway, sidewalk (including the boulevard portion of the sidewalk), Park or other public place which has not been designated as an off Leash area by the Director, Calgary Parks, or

(7M2016, 2016 February 18)

BYLAW NUMBER 23M2006

Page 4 of 32

(ii) an Animal or Animals which are under the control of a person responsible by means of a Leash and which cause damage to persons, property or other Animals;

(v) “School Ground” means that area of land adjacent to a school and that is property owned or occupied by the Calgary Board of Education or the Calgary Catholic Board of Education and includes property owned or occupied with another party or the City of Calgary;

(48M2008, 2008 November 03)

(w) “Severe Injury” 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;

(48M2008, 2008 November 03)

(x) “Sports Field” means land within the City and controlled by The City which is set apart and used for the playing of a sport including baseball diamonds, field hockey or cricket pitches, and rugby, soccer or football fields;

(y) “Vicious Animal” means any Animal, whatever its age, whether on public or private property, which has

(i) chased, injured or bitten any other Animal or human,

(ii) damaged or destroyed any public or private property, or

(iii) threatened or created the reasonable apprehension of a threat to a human, and

which, in the opinion of a Justice, presents a threat of serious harm to other Animals or humans, or

(iv) been previously determined to be a Vicious Animal under Bylaw 23M89 or this Bylaw.

(z) “Wading or Swimming Area” means any area designated as an outdoor wading or swimming area. This shall include any decks surrounding such facility and shall include that area within twenty (20) metres in all directions of the outside dimensions of such facility unless the Park boundary is a lesser distance.

(2) Each provision of this Bylaw is independent of all other provisions and if any provision is declared invalid for any reason by a Court of competent jurisdiction, all other provisions of this Bylaw remain valid and enforceable.

(3) Nothing in this Bylaw relieves a person from complying with any provision of any federal or provincial law or regulation, other bylaw or any requirement of any lawful permit, order or licence.

(4) Any heading, sub-headings, or tables of contents in this Bylaw are included for guidance purposes and convenience only, and shall not form part of this Bylaw. BYLAW NUMBER 23M2006

Page 5 of 32

(5) Where this Bylaw refers to another Act, Bylaw, regulation or agency, it includes reference to any Act, bylaw, regulation or agency that may be substituted therefor.

(6) All the schedules attached to this Bylaw shall form a part of this Bylaw.

(7) This Bylaw does not apply to the City in respect of Animals used by or on behalf of the City for the purpose of land management, including weed control, on City- owned lands.

(34M2017, 2017 August 02)

LICENSING REQUIREMENTS

DOG LICENSING

3. (1) No person shall own or keep any dog within the City unless such dog is licensed as provided in this Bylaw.

(1.1) The holder of a dog license must be eighteen (18) years of age.

(48M2008, 2008 November 03)

(2) The Owner of a dog shall ensure that his dog wears the current licence purchased for that dog, when the dog is off the property of the Owner.

(3) The Owner of a dog shall obtain an annual licence for such dog at such times and in the manner as specified in subsections 3(4) and 6(1).

(4) The Owner of a dog shall:

(a) DELETED BY 48M2008, 2008 NOVEMBER 03;

(b) subject to the provisions of subsection 3(4)(c) obtain a licence for such dog on the first day on which the Animal Services Centre is open for business after the dog becomes three months of age;

(c) obtain a licence on the first day on which the Animal Services Centre is open for business after he becomes Owner of the dog;

(d) obtain a licence for a dog notwithstanding that it is under the age of three months, where the dog is found Running at Large;

(e) obtain an annual licence for the dog on the day specified by the Animal Services Supervisor each year.

CAT LICENSING

4. (1) No person shall own or keep any cat within the City unless such cat is licensed as provided in this Bylaw.

(1.1) The holder of a cat license must be eighteen (18) years of age.

(48M2008, 2008 November 03)

BYLAW NUMBER 23M2006

Page 6 of 32

(2) (a) The Owner of a cat shall ensure that his cat wears the current licence purchased for that cat, when the cat is off the property of the Owner.

(b) Notwithstanding subsection 4(2)(a), every Owner shall ensure that a cat that is not wearing the current licence purchased for that cat bears a visible tattoo or identifiable microchip.

(3) The Owner of a cat shall obtain an annual licence for such cat at such times and in the manner as specified in subsections 4(4) and 6(1).

(4) The Owner of a cat shall:

(a) DELETED BY 48M2008, 2008 NOVEMBER 03;

(b) subject to the provisions of subsection 4(4)(c) obtain a licence for such cat on the first day on which the Animal Services Centre is open for business after the cat becomes three months of age;

(c) obtain a licence on the first day on which the Animal Services Centre is open for business after he becomes Owner of the cat;

(d) obtain a licence for a cat notwithstanding that it is under the age of three months, where the cat is found Running at Large;

(e) obtain an annual licence for the cat on the day specified by the Animal Services Supervisor each year.

VICIOUS ANIMAL LICENSING

5. (1) No person shall own or keep any Vicious Animal within the City unless such Animal is licensed as provided in this Bylaw.

(1.1) The holder of a vicious dog license must be eighteen (18) years of age.

(48M2008, 2008 November 03)

(2) The Owner of a Vicious Animal shall ensure that his Animal wears the current licence purchased for that Animal, when the Animal is off the property of the Owner.

(3) The Owner of a Vicious Animal shall obtain an annual licence for such Vicious Animal at such times and in the manner as specified in subsections 5(4) and 6(1) and shall pay an annual fee as set out in Schedule “A” of this Bylaw.

(4) The Owner of a Vicious Animal shall:

(a) DELETED BY 48M2008, 2008 NOVEMBER 03;

(b) subject to the provisions of subsection 5(4)(c) obtain a licence for such Vicious Animal on the first day on which the Animal Services Centre is open for business after the Animal has been declared as vicious;

(c) obtain a licence on the first day on which the Animal Services Centre is open for business after he becomes Owner of the Vicious Animal; BYLAW NUMBER 23M2006

Page 7 of 32

(d) obtain an annual licence for the Vicious Animal on the day specified by the Animal Services Supervisor each year.

LICENSING INFORMATION

6. (1) When applying for a licence under this Bylaw, the Owner shall provide the following:

(a) a description of the cat, dog, or Vicious Animal including breed, name, gender and age;

(b) the name, address and telephone number of the Owner;

(c) where the Owner is a body corporate, the name, address and telephone number of the natural person responsible for the cat, dog, or Vicious Animal;

(d) information establishing that the cat, dog, or Vicious Animal, is neutered or spayed;

(e) any other information as a Bylaw Enforcement Officer may require; and

(f) the annual licence fee for each cat, dog, Vicious Animal or Nuisance Animal, as set out in Schedule “A” of this Bylaw.

(48M2008, 2008 November 03)

(2) No person shall give false information when applying for a licence pursuant to this Bylaw.

(3) An Owner shall forthwith notify the Animal Services Centre of any change with respect to any information provided in an application for a licence under this Bylaw.

REPLACEMENT OF LOST LICENCE

7. Upon losing a licence, an Owner of a licensed Animal shall present the receipt for payment of the current year’s licence fee to a Bylaw Enforcement Officer, who will issue a new tag to the Owner for the fee set out in Schedule “A” of this Bylaw. NON-TRANSFERABLE

8. A licence issued pursuant to this Bylaw is not transferable. NO REBATE

9. No person shall be entitled to a licence rebate under this Bylaw. UNCERTIFIED CHEQUES

10. Where a licence required pursuant to this Section has been paid for by the tender of an uncertified cheque the licence:

(a) is issued subject to the cheque being accepted and cashed by the bank without any mention of this condition being made on the licence; and BYLAW NUMBER 23M2006

Page 8 of 32

(b) is automatically revoked if the cheque is not accepted and cashed by the bank on which it is issued.

HANDICAPPED OWNERS

11. (1) Notwithstanding Section 3, where the Director, Calgary Community Standards is satisfied that a person who is handicapped is the Owner of a dog trained and used to assist such handicapped person, there shall be no fee payable by the Owner for a licence under subsections 6(1)(f).

(7M2016, 2016 February 18)

(2) DELETED BY 48M2008, 2008 NOVEMBER 03.

(3) DELETED BY 48M2008, 2008 NOVEMBER 03.

RESPONSIBILITIES OF OWNERS

RUNNING AT LARGE

12. The Owner of an Animal shall ensure that such Animal is not Running at Large. DOGS IN OFF LEASH AREAS

13. (1) Notwithstanding Section 12, an Owner of a dog is not required to have the dog on a Leash in a Park or portion of a Park which has been designated as an “off Leash area” by the Director, Calgary Parks.

(7M2016, 2016 February 18)

(2) The Owner of a dog in an “off Leash area” shall ensure that such dog is under control at all times.

(2.1) A Bylaw Enforcement Officer may:

(a) order that a dog be put on a Leash; and

(b) order that a dog be removed from an off Leash area.

(48M2008, 2008 November 03)

(3) Whether a dog is under control is a question of fact to be determined by a Court hearing a prosecution pursuant to this Section of the Bylaw, having taken into consideration any or all of the following:

(i) Whether the dog is at such a distance from its Owner so as to be incapable of responding to voice, sound or sight commands;

(ii) Whether the dog has responded to voice, sound or sight commands from the Owner;

(iii) Whether the dog has bitten, Attacked, or done any act that injures a person or another Animal;

(iv) Whether the dog chased or otherwise threatened a person; BYLAW NUMBER 23M2006

Page 9 of 32

(v) Whether the dog caused damage to property.

(4) An Owner who fails to immediately restrain and remove the dog upon it engaging in any of the activities listed in Section 25, by restraining the dog on a Leash not exceeding two (2) metres in length and removing the dog from the off Leash area, is guilty of an offence.

(5) Nothing in this Section relieves a person from complying with any other provisions of this Bylaw.

ANIMALS PROHIBITED IN OFF-LEASH AREAS

14. (1) No Owner of a Vicious Animal shall permit the Animal to be in an off-Leash area at any time.

(2) No person shall allow an Animal other than a dog to enter into or remain in an area that has been designated by the Director, Calgary Parks as an “off Leash area”.

(7M2016, 2016 February 18)

DOGS IN PROHIBITED AREAS

15. (1) The Owner of a dog shall ensure that such dog does not enter or remain in or on:

(a) a School Ground, Playground, Sports Field, Golf Course, Cemetery, Wading or Swimming Area, or a Pathway; or

(b) any other area where dogs are prohibited by posted signs.

(48M2008, 2008 November 03)

(2) The Owner of a dog shall ensure that such dog does not enter or remain in a Park, or any part thereof, where the dog is within five (5) meters of a Play Structure, a Wading Pool or Swimming Area, a Sports Field, a Golf Course or a Cemetery.

(3) The Owner of a dog shall ensure that such dog does not enter or remain in a Park or any part of a Park or on a Pathway which has been designated by the Director, Calgary Parks as an area where dogs are prohibited.

(7M2016, 2016 February 18)

Dogs Permitted on Pathways

(4) Notwithstanding subsection 15(1) or 15(2), the Owner of a dog may allow such dog to pass along or across a Pathway, including a Pathway that runs through an area designated as an off-Leash area, only if such dog:

(a) is secured by a Leash of no greater length than two (2) metres;

(b) remains on the right hand side of the Pathway at all times unless moving around other Pathway users; and

(c) remains under the Owner’s control at all times ensuring that the dog does not interfere with or obstruct any other Pathway user. BYLAW NUMBER 23M2006

Page 10 of 32

Dogs Shall Not Obstruct Pathway

(5) Notwithstanding subsection 15(4)(a), in an off-Leash area that has been designated by the Director, Calgary Parks pursuant to subsection 15(2) of Bylaw 11M2019, the Parks and Pathways Bylaw, as an area where dogs are not required to be Leashed on Pathways, every Owner of a dog shall ensure that such dog does not sit or stand on a Pathway or otherwise obstruct or interfere with users of the Pathway.

(7M2016, 2016 February 18)

(11M2019, 2019 March 18)

No Dogs in Park on Holidays

(6) The Owner of a dog or any other Animal shall ensure that such dog or other Animal does not enter or remain in the Park known as Prince’s Island Park, or on the pedestrian bridges to the Park whether on or off Leash at any time on the following two (2) designated days of each year:

(a) July 01 – Canada Day; and

(b) the first Monday of August – Heritage Day.

SWIMMING IN PARKS PROHIBITED

16. (1) The Owner of an Animal shall ensure that such Animal does not enter or swim in any body of water within a Park, unless specifically allowed by the Director, Calgary Parks.

(7M2016, 2016 February 18)

(2) Notwithstanding subsection 16(1), the Owner of an Animal may allow such Animal to swim in any river which runs through or adjacent to a Park, unless specifically prohibited by the Director, Calgary Parks.

(7M2016, 2016 February 18)

(3) Without limiting the generality of subsections 16(1) or (2), the Owner of any Animal shall ensure that such Animal does not enter or remain in the water or upon the ice of the Glenmore Reservoir at any time. UNATTENDED ANIMALS

17. (1) The Owner of an Animal shall ensure that such Animal shall not be left unattended while tethered or tied on premises where the public has access, whether the access is express or implied.

(2) The Owner of an Animal shall ensure that such Animal shall not be left unsupervised while tethered or tied on private property.

(48M2008, 2008 November 03)

18. (1) The Owner of an Animal left unattended in a motor vehicle shall ensure:

(a) the Animal is restrained in a manner that prevents contact between the Animal and any member of the public; and

(b) the Animal has suitable ventilation.

BYLAW NUMBER 23M2006

Page 11 of 32

(2) The Owner of an Animal shall not leave an Animal unattended in a motor vehicle if the weather conditions are not suitable for containment of an Animal.

(48M2008, 2008 November 03)

CYCLING WITH ANIMALS

19. (1) When operating a bicycle or wheeled conveyance on a Pathway, no Person shall do so with any Animal on a Leash.

(2) Subsection 19(1) shall not apply to persons operating a device designed for persons with disabilities.

(48M2008, 2008 November 03)

SECURING ANIMALS IN VEHICLES

20. (1) No person shall allow an Animal to be outside of the passenger cab of a motor vehicle on a roadway, regardless of whether the motor vehicle is moving or Parked.

(2) Notwithstanding subsection 20(1), a person may allow an Animal to be outside the passenger cab of a motor vehicle, including riding in the back of a pick up truck or flat bed truck if the Animal is:

(a) in a fully enclosed trailer;

(b) in a topper enclosing the bed area of a truck;

(c) contained in a ventilated kennel or similar device securely fastened to the bed of the truck; or

(d) securely tethered in such a manner that it is not standing on bare metal, cannot jump or be thrown from the vehicle, is not in danger of strangulation, and cannot reach beyond the outside edges of the vehicle.

(3) For the purpose of this Section, “roadway” means any street or highway, whether publicly or privately owned, any part of which the public is ordinarily entitled or permitted to use for the passage or Parking of vehicles.

(4) The Owner of a vehicle involved in an offence referred to in this Section is guilty of the offence, unless that vehicle Owner satisfies the Court that the vehicle was:

(a) not being driven or was not Parked by the Owner; and

(b) that the person driving or Parking the vehicle at the time of the offence did so without the vehicle Owner’s express or implied consent. ANIMALS SUSPECTED OF HAVING COMMUNICABLE DISEASES

21. (1) An Owner of an Animal suspected of having rabies shall immediately report the matter to The Canadian Food Inspection Agency or to the Director, Calgary Community Standards.

(48M2008, 2008 November 03)

(7M2016, 2016 February 18)

BYLAW NUMBER 23M2006

Page 12 of 32

(2) An Owner of an Animal suspected of having rabies shall confine or isolate the Animal, in such a manner as prescribed so as to prevent further spread of the disease.

(3) An Owner of an Animal suspected of having rabies shall keep the Animal confined for not less than ten (10) days at the cost of the Owner.

(4) An Owner of an Animal that does not comply with the provisions of Section 5 shall be subject to a penalty as provided for in Section 50 of this Bylaw for each consecutive demand made by the Bylaw Enforcement Officer. NUISANCES

REMOVING EXCREMENT

22. (1) If an Animal defecates on any public or private property other than the property of its Owner, the Owner shall remove such feces immediately.

(2) If an Animal is on any public or private property other than the property of its Owner, the Owner shall have in his possession a suitable means of facilitating the removal of the Animal’s feces.

(48M2008, 2008 November 03)

NOISE

23. (1) The Owner of an Animal shall ensure that such Animal shall not bark, howl, or otherwise makes or causes a noise or noises which disturbs any person.

(2) Whether any sound annoys or disturbs a Person, or otherwise constitutes objectionable noise, is a question of fact to be determined by a Court hearing a prosecution pursuant to this Section of the Bylaw. SCATTERING GARBAGE

24. The Owner of an Animal shall ensure that such Animal shall not upset any waste receptacles or scatter the contents thereof either in or about a street, lane, or other public property or in or about premises not belonging to or in the possession of the Owner of the Animal.

THREATENING BEHAVIOURS

25. The Owner of an Animal shall ensure that such Animal shall not:

(1) Bite, bark at, or chase stock, Animals, bicycles, automobiles, or other vehicles;

(2) Chase or otherwise threaten a person or persons, whether on the property of the Owner or not, unless the person chased or threatened is a trespasser on the property of the Owner;

(3) Cause damage to property or other Animals, whether on the property of the Owner or not;

BYLAW NUMBER 23M2006

Page 13 of 32

(4) Do any act that injures a person or persons whether on the property of the Owner or not;

(5) Bite a person or persons, whether on the property of the Owner or not;

(6) Attack a person or persons, whether on the property of the Owner or not;

(7) Attack a person or persons, whether on the property of the Owner or not, causing severe physical injury; or

(8) Cause death to another Animal.

25.1 No Owner shall use or direct an Animal to attack, chase, harass or threaten a person or Animal.

(48M2008, 2008 November 03)

OTHER ANIMALS

HORSES

26. (1) Except in a Park or parts of a Park which have been designated for horseback riding by the Director, Calgary Parks, no person shall allow a horse owned or controlled by him to be in a Park.

(7M2016, 2016 February 18)

(2) Subsection 26(1) shall not apply to horses owned and ridden by the Calgary Police Service.

LIVESTOCK

27. No person shall keep Livestock in any area of the City except where the keeping of Livestock is allowed under The City of Calgary Land Use Bylaw. 27.1 Any person who keeps pigeons, is a member in good standing of either the Canadian Racing Pigeon Club or the Canadian Pigeon Fanciers Association, and whose birds are banded with a seamless Club or Association band on their leg is exempt from Section 27.

(48M2008, 2008 November 03)

27.2 (1) For the purposes of this section, “emotional support animal” means a companion Animal that a mental health professional has determined provides a benefit for an individual with a disability.

(2) Despite section 27, the Chief Bylaw Enforcement Officer, upon being satisfied that an individual requires the assistance of an emotional support animal, may grant a permit allowing the individual to keep an Animal that is Livestock for this purpose.

(3) When granting a permit pursuant to subsection (2), the Chief Bylaw Enforcement Officer may impose conditions on the keeping of the emotional support animal.

(4) The Chief Bylaw Enforcement Officer may revoke a permit granted pursuant to subsection (2).

BYLAW NUMBER 23M2006

Page 14 of 32

(5) The Chief Bylaw Enforcement Officer must charge a fee, as set out in Schedule

“A”, when granting a permit pursuant to subsection (2).

(6) The:

(a) refusal of the Chief Bylaw Enforcement Officer to grant a permit pursuant to subsection (2);

(b) imposition of a condition pursuant to subsection (3); or

(c) revocation of a permit pursuant to subsection (4); may be appealed in writing to the Director, Calgary Community Standards within 30 days of the Chief Bylaw Enforcement Officer’s decision.

(45M2018, 2018 October 15)

VICIOUS ANIMALS

HEARINGS AND ORDERS

28. (1) The Owner of an Animal Alleged to be a Vicious Animal shall be provided Notice of a Hearing for determination by the Provincial Court ten (10) clear days before the date of the Hearing.

(2) The Owner of an Animal alleged to be a Vicious Animal shall surrender the Animal to Calgary Community Standards where the Animal shall be held pending the outcome of the Hearing and any Appeals.

(48M2008, 2008 November 03)

(7M2016, 2016 February 18)

29. (1) Upon hearing the evidence, the Justice shall make an order in a summary way declaring the Animal as a Vicious Animal if in the opinion of the Justice:

(a) the Animal has caused severe physical injury to a person, whether on public or private property; or

(b) the Animal has, while off its Owner’s property, caused the death of an Animal.

(48M2008, 2008 November 03)

(2) Upon hearing the evidence, the Justice may make an order declaring the Animal as a Vicious Animal or ordering the Animal destroyed, or both, if in the opinion of the Justice the Animal is likely to cause serious damage or injury, taking into account the following factors:

(a) whether the Animal has chased any person or Animal;

(b) whether the Animal has attempted to Bite, or has bitten any person or Animal;

(c) whether the Animal has wounded, Attacked or injured any person or Animal;

BYLAW NUMBER 23M2006

Page 15 of 32

(d) the circumstances surrounding any previous biting, Attacking, or wounding incidents; and

(e) whether the Animal, when unprovoked, has shown a tendency to pursue, chase or approach in a menacing fashion persons upon the street, sidewalk or any public or private property.

(48M2008, 2008 November 03)

(3) The order of a Justice declaring an Animal vicious shall embody all of the requirements in Sections 5, 30, 31, 32, 33, 34, 35 and 36. 30. A Vicious Animal order pursuant to this Bylaw continues to apply if the Animal is sold, given or transferred to a new Owner.

REGULATIONS

31. Prior to a license being issued, the Owner of a Vicious Animal shall within ten (10) days after the Animal has been declared vicious:

(a) have a licensed veterinarian tattoo or implant an electronic identification microchip in the Animal;

(b) provide the information contained on the tattoo or in the microchip to the Director, Calgary Community Standards; and

(7M2016, 2016 February 18)

(c) if the Animal is in an unaltered state, have the Animal neutered or spayed.

(48M2008, 2008 November 03)

32. (1) The Owner of a Vicious Animal shall:

(a) notify the Director, Calgary Community Standards should the Animal be sold, gifted, or transferred to another person or die; and

(7M2016, 2016 February 18)

(b) remain liable for the actions of the Animal until formal notification of sale, gift or transfer



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