VILLAGE OF ELNORA BYLAWS PAGE

Please take the time to view our Bylaws which have been passed by Council

Nuisance Abatement Bylaw    Cat Control Bylaw      Livestock and Fowl Bylaw       Dog Control Bylaw

                Rates of Taxation   Outstanding Moneys Owed to the Village   Disaster Service Agency   Designated Officer Bylaw   Fire Bylaw

                Atco Gas and Pipelines Ltd Agreement 

BYLAW # 477-0401

OF THE VILLAGE OF ELNORA

IN THE PROVINCE OF ALBERTA

Being a By-law of the Village of Elnora to authorize the Mayor and Administrator to execute an agreement with ATCO Gas and Pipelines Ltd., to renew an agreement with, and to confer a franchise on the Company to deliver natural gas to customers within the municipality.

WHEREAS the Company has requested a franchise be granted to provide natural gas services to customers within the municipality.

AND WHEREAS it is deemed that such an agreement would be of benefit to customers within the Municipality;

THEREFORE under the authority of the Municipal Government Act, S.A. 1994, Chapter M-26.1, Part 3, Division #, Section 45-47 be it enacted that the Mayor and Administrator be authorized to sign the agreement which is attached to and forming part of this By-law and marked as Schedule “A” between the Village of Elnora and the Company to renew an agreement with and to confer a franchise on the Company to deliver natural gas services within the Municipality;

This By-law shall come into force upon the agreement being approved by the Alberta Energy and Utilities Board for the Province of Alberta, and upon being given Third reading and finally passed.

Read a First time this 13^th day of _______________ _______________

January, 2004 Mayor Administrator

Read a Second time this 18^th day

of May, 2004

Read a Third time and finally

passed this 18^th day of
May, 2004 ________________ _________________

Mayor Administrator

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BYLAW # 478-0402

A BYLAW OF THE VILLAGE OF ELNORA, IN THE PROVINCE OF ALBERTA, HEREAFTER REFERRED TO AS THE FIRE BYLAW, TO PROVIDE FIRE PROTECTION WITHIN THE VILLAGE OF ELNORA.

WHEREAS Section 7(a) of the Municipal Government Act Chapter M-26.1 with amendments in force as of July 15, 1996, provides that the Council of a Municipality may pass a bylaw for the purpose of respecting the health and welfare of people and the protection of people and property; and

WHEREAS Section 54 of the Municipal Government Act provides that a municipality may provide any service or thing that it provides in all or part of the municipality in another municipal authority with the agreement of the other municipal authority.

1. Now, therefore, the Council of the Village of Elnora, in the Province of Alberta, duly assembled does hereby authorize

(1) The establishment of a Municipal Fire Department, assigned to the Red Deer Fire District as laid out in this bylaw.

(2) The establishment of regulations for fire protection.

(3) The establishment of Fire Districts and Fire Agreements for the purposes of contracting Fore Protection.

2. In this Bylaw

(1) Apparatus means any vehicle provided with machinery devices, equipment or materials for fire fighting as a vehicle used to transport fire fighters and supplies.

(2) Council means the Council of the Village of Elnora.

(3) County Commissioner means a person appointed by Council as the Chief Administrative Officer.

(4) Equipment means any tools, contrivances, devices, or materials used by the Fire Department to combat an incident or other emergency.

(5) Fire Chief means the person elected by Fire Department members and approved by a municipal council as head of a Fire Department.

(6) Fire Protection means all aspects of fire safety, including but not limited to fire prevention, rescue, emergency planning, fire fighting or suppression, emergency medical services, pre-fire

Bylaw #478-0402

planning, fire investigation, public education and information, training and other staff development and advising.

(7) Incident means a fire situation where a fire or explosion is eminent or any other situation presently a danger or possible danger to life or property and to which the fire department has responded.

(8) Member means any person that is duly appointed member of the fire department and is named on the fire department roster.

(9) Open Fire means any fire which is not enclosed in a noncombustible container with a grill covering the opening with holes no larger than 6 millimeters by 6 millimeters.

(10) Rescind means repeal and includes revoke, cancel, and annul.

3. The Village of Elnora may enter into Agreements with other parties to provide Fire Protection and operate under this Fire Bylaw.

4. The Fire Chief shall submit an updated copy of the Fire Department roster to the Municipal Administrator from time to time.

5. The Fire Chief may appoint other officers of the Fire Department to act as Fire Chief on his behalf.

6. The limits o the jurisdiction of the Fire Chief and the officers and members of the Fire Department extend to the area and boundaries of the Village of Elnora and no part of the fire apparatus shall be used beyond the limits without expressed authorization or a written contract or agreement.

7. The Fire Chief has complete responsibility and authority over the Fire Department subject to the direction and control of the Village Council to which he shall be responsible, and, in particular, he shall be required to carry out all fire protection activities and such other activities as directed by Council, but not limited to

a) rescue

b) emergency medical services

c) disaster planning

d) preventative patrols

e) pre-fire planning

f) other incidents

8. The Fire Chief, subject to the ratification by Council, shall establish rules, regulations, policies, and committees necessary for the proper organization and administration of the Fire Department including

Bylaw #478-0402

a) use, care, and protection of Fire Department property;

b) the conduct and discipline of officers and members of the Fire Department; and

c) the formation of Standard Operating Guidelines.

9. The Fire Chief shall take responsibility for the enforcement of the Safety Codes Act in the fire discipline as defined in the Quality Management Plan.

10. Officers and members of the Fire Department shall carry out duties and responsibilities assigned to the Fire Department by the Council, and the Fire Chief shall report to the Village Council on the operations of the Fire Department or on any other matter designated by Council.

11. The Fire Chief, or any other member in charge, at a fire is empowered to cause a building, structure or thing, to be pulled down, demolished, or otherwise removed if he deems it necessary to prevent the spread of fire to other buildings, structures or things.

12. The Fire Chief, or the member in charge at an incident, may at his discretion establish boundaries or limits and keep persons from entering the area within the prescribed boundaries or limits unless authorized to enter by him.

13. No person shall enter the boundaries or limits of an area prescribed in accordance with Section 12 unless he has been authorized to enter by the Fire Chief or the member in charge.

14. The Fire Chief or the member in charge at an incident may request peace officers to enforce restriction of persons entering within the boundaries or limits outlined in Section 12.

15. The Fire Chief or the member in charge at an incident is empowered to enter, pass through or over buildings or property adjacent to an incident, and to cause members of the Fire Department to enter or pass through or over the building or property where he deems it necessary to gain access to the incident or to protect any person or property.

16. The Fire Chief may obtain assistance from other officials of the municipality he deems necessary in order to discharge his duties and responsibilities under this bylaw.

17. No person at an incident shall impede, obstruct, or hinder a member of the Fire Department or other persons assisting or acting under the discretion of the Fire Chief or the member in charge.

18. No person shall damage or destroy Fire Department apparatus or equipment.

19. No person at an incident shall drive a vehicle over any equipment without the permission of the Fire Chief or the member in charge.

Bylaw #478-0402

20. No person shall falsely represent themselves as a Fire Department member or wear or display any Fire Department badge, cap button, insignia, or other paraphernalia for the purpose of such false representation.

21. No person shall obstruct or other wise interfere with access roads or streets or other approaches to any fire alarm, fire hydrant, cistern, or body of water designated fpr fore fighting purposes.

22. The Fire Chief or the member in charge of an incident may request persons who are not members to assist in extinguishing a fire, removing furniture, goods, and merchandise from any building on fire or in danger thereof, and in guarding and securing the same and in a demolishing a building or structure at or near the fire or other incident.

23. The Fire Chief or the member in charge of an incident is empowered to commandeer privately owned equipment, which he considers necessary to deal with an incident.

24. Fees for services may be charged in accordance with the Village Fire Policy.

25. Full-time or volunteer firefighters may, with the written permission of the Fire Chief, carry on or in a vehicle, other than an emergency vehicle, a lamp that produces intermittent flashes of green light and may operate the lamp of the vehicle is proceeding to a fire or other emergency.

26. No person other than a full-time or volunteer firefighter shall operate a lamp that produces intermittent flashes of green light.

27. Section 25 shall not be construed so as to permit a full-time or volunteer firefighter to operate a vehicle in contravention of the Highway Traffic Act, provincial regulations, or this bylaw.

FIRE CONTROL

28. No person shall light an open fire without taking sufficient precautions to ensure that the fire can be kept under control at all times.

29. For the purpose of fire control, the Fire Chief, the Municipal Administrator and the Council may enforce a ban on open fires.

30. Upon receiving notice of a ban on open fires, any person who has an open fire shall extinguish it.

Bylaw #478-0402

31. The Village of Elnora shall enforce and subsequently lift fire bans for the Village in accordance with the Red Deer County fire bans.

32. No person shall light an open fire during an open fire ban.

33. People who have started fires that are a threat to public safety or show carelessness in handling, as determined by the Fire Chief, may be charged for the cost of fighting the fire as per the Village fore policy.

34. Any person who violates any of the provisions of Section 1 to 33 of this bylaw or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this bylaw, or who neglects to do or refrains from doing anything required to be done by any of the provisions of this bylaw, or does any act or thing or omits any act or thing thus violating any of the provisions of this bylaw, shall be deemed to be guilty of an infraction of this bylaw, and upon summary conviction, is liable to imprisonment for a term of not more than six (6) months or to a fine of not more than Twenty Five Hundred Dollars ($2,500) or both fine and imprisonment.

35. By the passing of this Fire Bylaw 478-0402 Fire Bylaw 429 and its amendments shall be rescinded.

THIS BYLAW SHALL COME INTO FORCE AND EFFECT ON THE FINAL DATE OF PASSING THEREOF.
DONE AND PASSEDIN OPEN COUNCIL WITH THE UNANIMOUS CONSENT OF ALL MEMBERS PRESENT.

FIRST READING: FEBRUARY 10/04

SECOND READING: FEBRUARY 10/04

THIRD READING: FEBRUARY 10/04

_____________________________ ____________________________

Mayor Commissioner (CAO)

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BYLAW # 479-0403

OF THE VILLAGE OF ELNORA

IN THE PROVINCE OF ALBERTA

Whereas, pursuant to the provisions of section 210 of the Municipal Government Act, the Council may pass a bylaw to establish one or more positions to carry out the powers, duties, and functions of a designated officer.

NOW THEREFORE, the Council of the Village of Elnora in the Province of Alberta, duly assembled, hereby enacts as follows:

1. That the position of Assessor be established to carry out the duties and responsibilities of an assessor as designated in the Municipal Government Act.

2. That the chief Administrative Officer, being given the authority by council, may appoint an individual to the position of Assessor.

3. That this bylaw is effective upon the date of its third and final reading.

Read a 1^st time this 10^th day of February, 2004

Read a 2^nd time this 10^th day of February, 2004

Read a 3^rd and final time this 10^th day of February, 2004 and finally passed.

___________________________ _______________________ Mayor Administrator

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BY-LAW # 481-405

A BY-LAW OF THE VILLAGE OF ELNORA IN THE PROVINCE OF ALBERTA TO ESTABLISH A MUNICIPAL DISASTER SERVICE AGENCY

WHEREAS the Council on the Village of Elnora is responsible for the direction and control of its emergency response and is required, under the Disaster Services Act, Chapter D-13, Revised Statues of Alberta 2000, to appoint a Disaster Services Committee and to establish and maintain a Municipal Disaster Services Agency: and

WHEREAS it is desirable in the public interest, and in the interests of public safety, that such a committee be appointed and such an agency be established and maintained to carry out Council’s statutory powers and obligations under the said Disaster Services Act;

NOW, THEREFORE, THE COUNCIL OF THE VILLAGE OF ELNORA, DULY ASSEMBLED, ENACTS AS FOLLOWS:

1. This By-law may be cited as the Municipal Disaster Services By-Law.

2. In this By-law,

(a) “Act” means the Disaster Services Act, Chapter D-13, Revised Statues of Alberta 2000;

(b) “Council” means the Council of the Village of Elnora;

(c) “disaster” means an event that has resulted or may result in serious harm to the safety,

health or welfare of people, or in widespread damage to property;

(d) “Disaster Services Committee” means the committee established under this By-law;

(e) “emergency” means an event that requires prompt co-ordination of action or special regulation of persons or property to protect the health, safety and welfare of people or to limit damage to property;

(f) “Minister” means the Minister charged with administration of the Act;

(g) “Municipal Disaster Services Agency” means the agency established under this By-law; and

(h) “Municipal Emergency Plan” means the emergency plan prepared by the Director of Disaster Services to co-ordinate response to an emergency or disaster.

3. There is hereby established a Disaster Services Committee to advise Council on the development of emergency plans and programs.

4. There is hereby established a Municipal Disaster Services Agency to act as the agent of Council to carry out its statutory powers and obligations under the Act. This does not include the power to declare, renew, or terminate a state of local emergency, nor the powers contained in Section 12 of this By-law.

5. Council shall

(a) by resolution, appoint 3 of its members to serve on the Disaster Services Committee;

(b) provide for the payment of expenses of the members of the Disaster Services Committee;

(c) by resolution, on the recommendation of the Disaster Services Committee, appoint a Director of the Disaster Services and a Deputy Director of Disaster Services who shall do those things required of the Director of Disaster Services in that person’s absence;

(d) ensure that emergency plans and programs are prepared to address potential emergencies or disasters in the Village of Elnora;

(e) approve the Village of Elnora’s emergency plans and programs; and

(f) review the status of the Municipal Emergency Plan and related plans and programs at least once each year.

6. Council may

(a) by By-law borrow, levy, appropriate and expend, without the consent of the electors, all sums required for the operation of the Municipal Disaster Services Agency; and

(b) enter into agreements with and make payments or grants, or both, to persons or organizations for the provision of services in the development or implementation of emergency plans or programs, including mutual aid plans and programs

7. The Disaster Services Committee shall

(a) review the Municipal Emergency Plan and related plans and programs on a regular basis; and

(b) advise Council, duly assembled, on the status of the Municipal Emergency Plan and related plans and programs at least once a year.

8. The Municipal Disaster Services Agency shall be comprised of one or more of the following:

(a) the Director of Disaster Services;

(b) the Deputy Director of Disaster Services;

(c) the Manager, Administrator, Clerk or other administrative staff member(s) of the municipality;

(d) the Fire Chief or designate;

(e) the Public Works Foreman or designate;

(f) the Social Services Manager or designate;

(g) anybody else who might serve a useful purpose in the preparation or implementation of the Municipal Emergency Plan.

9. The Director of Disaster Services shall

(a) prepare and co-ordinate the Municipal Emergency Plan and related plans and programs for the Village of Elnora

(b) act as director of emergency operations, or ensure that someone is designated under the Municipal Emergency Plan to so act, on behalf of the Municipal Disaster Services Agency; and

(c) co-ordinate all emergency services and other resources used in an emergency; or

(d) ensure that someone is designated to discharge the responsibilities specified in paragraphs (a), (b),and (c).

10. The power to declare or renew a state of local emergency under the Act, the powers specified in Section 12 of this By-law, and the requirement specified in Section 15 of this By-law, are hereby delegated to a committee comprised of the Mayor or any single member of Council. This committee may, at any time when it is satisfied that an emergency exists or may exist, by resolution, make a declaration of a state of local emergency.

11. When a state of local emergency is declared, the person or persons making the declaration shall

(a) ensure that the declaration identifies the nature of the emergency and the area of the Village in which it exists;

(b) cause the details of the declaration to be published immediately by such means of communication considered most likely to notify the population of the area affected; and

(c) forward a copy of the declaration to the Minister forthwith.

12. Subject to Section 15, when a state of local emergency is declared, the person or persons making the declaration may

(a) cause the Municipal Emergency Plan or any related plans or programs to be put into operation;

(b) acquire or utilize any real or personal property considered necessary to prevent, combat or alleviate

the effects of an emergency or disaster;

(c) authorize or require any qualified person to render aid of a type he or she is qualified to provide;

(d) control or prohibit travel to or from any area of the Village;

(e) provide for the restoration of essential facilities and the distribution of essential supplies and provide, maintain and co-ordinate emergency medical, welfare and other essential services in any part of the Village;

(f) cause evacuation of persons and the removal of livestock and personal property from any area of the Village that is or may be affected by a disaster and make arrangements for the adequate care and protection of those persons or livestock and of the personal property;

(g) authorize the entry into any building or on any land, without the warranty, by any person in the course of implementing and emergency plan or program;

(h) cause the demolition or removal of any trees, structures or crops if the demolition or removal is necessary or appropriate in order to reach the scene of a disaster, or to attempt to forestall its occurrence or to combat its progress;

(i) procure or fix prices for food, clothing, fuel, equipment, medical supplies, or other essential supplies and the use of any property, services, resources or equipment within the Village for the duration of the state of emergency;

(j) authorize the conscription of persons needed to meet an emergency; and

(k) authorize any persons at any time to exercise, in the operation of the Municipal Emergency Plan and related plans or programs, any power specified in Paragraphs (b) through (j) in relation to any part of the municipality affected by a declaration of a state of local emergency.

13. When a state of local emergency is declared,

(a) neither Council or any non member of Council, and

(b) no person appointed by Council to carry out measures relating to emergencies or disasters, is liable in respect of damage through any action taken under this By-law, nor are they subject to any proceedings by prohibition, certiorari, mandamus or injunction.

14. Not withstanding Section 13,

(a) Council and any member of Council, any

(b) any person acting under the direction or authorization of Council, is liable for gross negligence in carrying out their duties under this By-law.

15. When, in the opinion of the person or persons declaring the state of emergency, an emergency no longer exists in relation to which the declaration was made, they shall, by resolution, terminate the declaration.

16. A declaration of a state of local emergency is considered terminated and ceases to be of any force or effect when

(a) a resolution is passed under Section 15;

(b) a period of seven days has lapsed since it was declared, unless it is renewed by resolution;

(c) the Lieutenant Governor in Council makes an order for a state of emergency under the Act, relating to the same area; or

(d) the Minister cancels the state of local emergency.

17. When a declaration of a state of local emergency has been terminated, the person or persons who made the declaration shall cause the details of the termination to be published immediately by such means of communication considered most likely to notify the population of the area affected.

18. Upon the passing of By-law#481-0405, any other Bylaw of the Village of Elnora dealing with the establishment of an Disaster Services Agency is hereby rescinded.

This Bylaw comes into force on the day it is finally passed.

Read a first time this 8^th day of June, A.D., 2004

Read a second time this 13^th day of July, A.D., 2004

Read a third time and finally passed this 13^th day of July, A.D., 2004

___________________________Mayor _____________________________Administrator

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BYLAW # 475-0304

OF THE VILLAGE OF ELNORA

IN THE PROVINCE OF ALBERTA

Being a bylaw of the Village of Elnora to provide for transference of any outstanding moneys owed on account to the Village of Elnora by a ratepayer in arrears onto taxes assessed against the real property of said ratepayer.

WHEREAS the provisions of this Bylaw conflict with the provisions of any other Bylaw of the Village of Elnora, this Bylaw shall prevail.

WHEREAS “account” shall refer to any dollar amount a rate payer owes the Village of Elnora for goods or services provided, including but not exclusive to water, sewer and garbage services, and has not yet paid.

WHEREAS “arrears” in reference ti any account held by a resident is determined to be over 365 days.

NOW THEREFORE

1) Any accounts held by a resident of the Village that are found to be in arrears may be added by resolution of Council to the taxes assessed against the real property of which the resident is the owner, and may be collected in any way provided for the collection of taxes according the Municipal Government Act, M26.1, and amendments thereto.

2) Any accounts that have been transferred to the roll of a property are subject to all penalties imposed on that account during the regular course of collection.

3) In addition to the methods outlined herein for the recovery of outstanding accounts, the Village reserves the right to discontinue services such as water/sewer and garbage pickup to any property where any charges for services or work remain outstanding for a period of more than 365 days.

Read a 1^st time this 13^th day of May, 2003

Read a 2^nd time this 13^th day of May, 2003

Read a 3^rd and final time this 13^th day of May, 2003 and finally passed.
_____________________________________

Mayor_____________________________________

Administrator

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BYLAW # 495-0807

OF THE VILLAGE OF ELNORA

IN THE PROVINCE OF ALBERTA

Being a bylaw of the Village of Elnora to authorize the rates of taxation to be levied against assessable property within the municipality for the 2008 taxation year

WHEREAS the Village of Elnora has prepared and adopted detailed estimates of the municipal revenues and expenditures as required, at the Council meeting held on May 13, 2008; and

WHEREAS the estimated municipal expenditures and transfers set out in the budget for the Village of Elnora for 2008 total $737,995; and

WHEREAS the estimated municipal revenues and transfers from all sources other than taxation is estimated $550,695, and the balance of $187,300 is to be raised by the general municipal taxation; and

WHEREAS the requisitions are:

Alberta School Foundation Fund (ASFF)

Residential/Farmland $32,191.47

Non-Residential $ 9,292.79

WHEREAS, the Council of the Village of Elnora is required each year to levy on the assessed value of all property, tax rates sufficient to meet the estimated expenditures and the requisitions; and

WHEREAS, the Council is authorized to classify assessed property, and to establish different rates of taxation in respect to each class of property, subject to the Municipal Government Act, Chapter M26, Revised Statutes of Alberta, 2000; and

WHEREAS, the assessed value of all property in the Village of Elnora as shown on the assessment roll is:

Assessment

Residential 15,363,530

Non-residential 2,109,150

Farmland 7,980

Machinery and Equipment 9,760

Provincial 382,140

Federal 90,590

17,963,150

NOW THEREFORE, under the authority of the Municipal Government Act, the Council of the Village of Elnora, in the Province of Alberta, enacts as follows:

1. That the Chief Administrative Officer is hereby authorized to levy the following rates of taxation on the assessed value of all property as shown on the assessment roll of the Village of Elnora:

Tax Levy Assessment Tax Rate

General Municipal $187,300.00 17,963,150 8.1174

ASFF

Residential/farmland $32,191.47 15,371,510 2.0942

Non-residential 9292.79 2,199.740 4.2244

Totals $41,484.26 11,591,930

2. That this bylaw shall take effect on the date of the third and final reading.

Read a 1^st time this _____ day of May

Read a 2^nd time this _____ day of May

Read a 3^rd and final time this _____ day of May and finally passed.

_______________________________

Mayor_______________________________

Administrator

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VILLAGE OF ELNORA

THE LIVESTOCK AND FOWL BYLAW

BY-LAW NO. 493-0805

A BYLAW OF THE VILLAGE OF ELNORA, IN THE PROVINCE OF ALBERTA, TO

REGULATE AND CONTROL LIVESTOCK, FOWL AND WILD ANIMALS.

GIVEN THAT Council considers it expedient and desirable to pass a bylaw respecting the

safety, health and welfare of people and the protection of people and property;

The Council of the Village of Elnora in open meeting assembled enacts as follows:

CITATION

1. This Bylaw may be cited as the “Livestock and Fowl Bylaw”.

DEFINITIONS

2. In this bylaw,

(a) “ANIMAL” includes livestock, fowl, and other wild or domestic animals

(b) “BYLAW ENFORCEMENT OFFICER” means an employee or independent contractor appointed by the Village to enforce the provision of the Village Bylaws, and includes a member of the Royal Canadian Mounted Police, and when authorized a Special Constable. A Bylaw Enforcement Officer is a Designated Officer.

                        (c) “COUNCIL” means the Municipal Council of the Village Of Elnora, in the Province of Alberta.

(d) “FOWL” includes chickens, turkeys, ducks, geese, grouse, ostriches, and any other bird that would ordinarily be associated as being a commercially farm raised bird.

(e) “KEEPER OR KEEPS” means to own, possess, harbour, maintain, or have control or custody of Livestock, Fowl or any Wild Animal(s) during any continuous period in excess of twenty-four (24) hours.

(f) “LIVESTOCK” includes, horses, mules, donkeys, cattle, goats, sheep, llamas, alpacas, pigs, deer, elk, bison, and any other animal that would be ordinarily associated as being a commercially farm raised animal.

(g) “OWNER” includes:

(i) a person who has the care, charge, custody, Possession, or control of Livestock, Fowl, or Wild Animals;

(ii) a person who owns or claims a proprietary interest in Livestock, Fowl, or Wild Animals;

(iii) a person who harbours, suffers, or permits Livestock, Fowl, or Wild Animals to be present on any property of the Owner or under that person’s control;

(iv) a person who claims and receives Livestock, Fowl, or Wild Animals from the custody of an animal shelter or a Bylaw Enforcement Officer.

(h) “POUND” means a place established for the impounding and keeping of Livestock, Fowl, or Wild Animals, in accordance with the provisions of this Bylaw.

(i) “POUND KEEPER” means any person duly authorized to operate a pound

and may include a Bylaw Enforcement Officer.

(j) “SPECIAL EVENTS” includes parades, fairs, circuses, livestock shows,

rodeo schools and auctions.

(k) “VILLAGE” means the Village of Elnora, in the Province of Alberta.

(l) “VIOLATION TICKET” means a ticket issued pursuant to Part 2 of the

Provincial Offences Procedure Act.

PROHIBITIONS AND EXEMPTIONS

3. The keeping of Livestock, Fowl, or Wild Animals, in the Village Of Elnora, is strictly prohibited except for Agricultural Zones.

4. A Bylaw Enforcement Officer shall impound at the pound any Livestock, Fowl, or Wild Animals found in the Village in contravention of this bylaw.

5. When any Livestock, Fowl, or other Wild Animals, is impounded, the Pound keeper shall immediately after impounding and before any sale thereof:

(a) cause to be posted in the Village Office and the municipal post office, a notice describing the animal impounded, including the estimated age, the sex, colour, and brand or other mark of identification of the animal and that he intends to sell the animal at a public auction to be held on the day stated therein; and

(b) mail a copy of the notice described in subsection (a) to the person believed to be the owner of the livestock, fowl, or wild animal.

6. The Pound keeper shall:

(a) Retain all impounded Livestock, Fowl, and other Wild Animals for a period of at least seven days including the day of mailing of the notice referred to in Section 5(b).

(b) Impounded Livestock, Fowl, or Wild Animal which, required and received Veterinarian care may not be redeemed except upon payment of the cost of such care.

(c) Impounded Livestock, Fowl, or Wild Animal which appears to be suffering from any disease shall be held subject to the jurisdiction of the Health of Animals Branch of the Department of Agriculture for an appropriate action under the ANIMAL CONTAGIOUS DISEASES ACT.

7. Every person removing or attempting to remove impounded Livestock, Fowl, or Wild

Animal from the possession of the Pound keeper without payment of all fines and fees,

is guilty of an offence and liable under conviction to a fine as provided in Schedule “A”, attached,

as may be amended from time to time by ordinary resolution of Council duly assembled.

OFFENCE PROVISIONS

8. On the date fixed in the notice described in Section 5 the animal may, unless redeemed,

be sold at public auction and the proceeds of such sale shall, after paying the cost of

impounding, maintaining and selling the animal, be paid by the Pound keeper:

1. to the former Owner of the animal, if he files with the Pound keeper within thirty (30) days of the sale a statutory declaration stating that he was the Owner of the animal sold; or

2. to the Village on the expiration of thirty (30) days from the date of the sale, if the former owner of the animal does not file a statutory declaration describing in subsection (a) within the time mentioned.

9. Bylaw Enforcement Officer may:

(a) Order the holder of a permit to remove from the Village any livestock owned by that holder that, is dangerous to the public; or

(b) If the holder of a permit does not obey an order of a Bylaw Enforcement Officer made pursuant to subsection (a), the Bylaw Enforcement Officer may impound the livestock in respect of which the order was made.

10. Livestock, Fowl, or Wild Animals found within the Village in contravention of the

Bylaw shall be impounded and kept, sold or destroyed by the Pound keeper.

11. In the event of an outbreak or a threatened outbreak of rabies or any disease affecting any animal and which may be transmitted to human beings, Council may, by resolution, order and direct that all animals shall be securely tied up by the Owner or shall be otherwise effectively confined. Any animal found Running At Large in contravention of this section shall be impounded.

12. When an animal under quarantine has been diagnosed as rabid, or is suspected by a licensed veterinarian as being rabid, and dies while under such observation, the Pound keeper shall immediately send the head of such animal to the appropriate health department for pathological examination and shall notify the Public Health Officer of reports, human contacts and the diagnosis made of the suspected animal.

13. During such period of rabies quarantine as mentioned, every animal bitten by an

animal adjudged to be rabid, shall be forthwith destroyed, or at the Owner’s expense

and option, shall be treated for rabies infection by a licensed veterinarian or held under

quarantine by the Owner in the same manner as other animals are quarantined.

14. Except as provided herein or in any other applicable legislation, no person shall kill, or cause to be

killed, any rabid animal, any animal suspected of having been exposed to rabies, or any animal

which has bitten a human; nor remove the same from the Village without written permission from

the Pound keeper.

15. The carcass of any dead animal exposed to rabies, shall upon demand, be surrendered to the

Pound keeper.

16. The Pound keeper shall direct the disposition of any animal found to be infected with rabies.

17. When, in the judgment of a licensed veterinarian an animal should be destroyed for humane

reasons, such animal may not be redeemed.

18. The Livery Stable Keepers Act applies mutatis mutandis for the purpose of recovering such

expenses and disposing of any surplus monies.

19. Every person wishing to bring animals associated with farming or circuses into the Village for

special events shall do so only in accordance with special events. Animals brought into the Village

for special events shall only be housed in areas in accordance with the Village Land Use Bylaw.

Persons under this section shall only be permitted to keep the animals in the Village one week

before the event, the day(s) of the event and one week after the event.

RELEASE OF IMPOUNDED LIVESTOCK, FOWL OR WILD ANIMALS

20. The Contractor or Pound Keeper shall retain all impounded Livestock, Fowl, and other Wild

Animals for a period up to seven days including day of mailing of the notice referred to in

Section 5(b). Sundays and Statutory holidays shall not be included in the computation of the

seven day period. During this period any healthy Animal may be redeemed by its Owner, upon

payment to the Contractor or Pound Keeper of the Kennel boarding fees as per contract rate for

every twenty-four (24) hour period or fraction thereof.

21. At the expiration of the three (3) day period any Animal not redeemed may be destroyed or sold.

22. The Bylaw Enforcement Officer or Contractor or Pound keeper shall report any apparent illness,

communicable disease, injury, or unhealthy condition of any Animal to a veterinarian and act

upon his recommendation. The Owner, if known, shall be held responsible for all expenses so

incurred.

OFFENCES AND FINES

23. Failure by an owner to comply with the provisions of the Bylaw may result in any one or more of

the following, in accordance with the provisions of Schedule “A”;

(a) The owner may be issued with a voluntary payment Ticket; or

(b) The owner may be issued a Court Summons in which case fines shall

be in accordance with the provisions of the Bylaw and costs as shall be

decided by a Court of Competent Jurisdiction.

24. The Bylaw Enforcement Officer may enforce the provisions of this Bylaw, and where a Bylaw

Enforcement Officer has reasonable grounds to believe that a provision of this bylaw has been

contravened, the Bylaw Enforcement Officer is authorized and empowered to immediately issue

a Violation Ticket, to every person who is responsible for the contravention.

25. A ticket shall be deemed to be sufficiently served:

(a) if served personally on the owner; or

(b) if mailed, 7 days following the ticket being sent to the address of the owner.

GENERAL

26. Every owner who shall hinder, delay or obstruct any person engaged in enforcing any provision of this Bylaw, or impounding any other animal liable to be impounded under the provisions of this Bylaw, shall, for each and every hindrance, delay or obstruction, be guilty of an offence and liable upon conviction to a fine as provided in Schedule “A”.

27. Every owner who shall deliberately or willfully and with malicious intent, injure, hurt or otherwise harm any animal shall be guilty of an offence and liable upon conviction to a fine as provided in Schedule “A”.

SEVERABILITY

28. If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the

invalid portion must be severed and the remainder of the Bylaw is deemed valid.

REPEAL

29. Bylaw No. 432, dated January 8^th, 1991, “The Animal Control Bylaw” as amended, is repealed.

Read a 1^st time this 8^thday of April

Read a 2^nd time this 16^th day of April

Read a 3^rd and final time this ___ day of_________ and finally passed.

_______________________________

Mayor_______________________________

CAO

SCHEDULE “A”

Penalties

First Offence Subsequent Offences

Impoundment fees $25.00 $25.00

(per day for each 24-hour period or part thereof).

Attempting to remove a Livestock or Fowl from the pound. $200.00 $300.00 or Court

The keeping of animals in contravention of this bylaw. $100.00 $200.00

Obstruction of a Bylaw Enforcement Officer $200.00 $300.00 or Court

Harm or abuse of animals. $500.00 Court

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VILLAGE OF ELNORA

THE CAT CONTROL BYLAW

BYLAW NUMBER 492-0804

A BYLAW OF THE VILLAGE OF ELNORA, IN THE PROVINCE OF ALBERTA, TO REGULATE AND CONTROL, RESTRAIN THE RUNNING AT LARGE, LICENSING, AND IMPOUNDING OF CATS.

GIVEN THAT Council considers it expedient and desirable to pass a bylaw respecting the safety, health and welfare of people and the protection of people and property;

The Council of the Village of Elnora in open meeting assembled enacts as follows:

CITATION

1. This Bylaw may be cited as the “Cat Control Bylaw”.

DEFINITIONS

2. In this bylaw,

(a) “AT LARGE” means a Cat that is present at any place other than the property of it’s Owner and which is not being carried by any person, or is not otherwise restrained by a person controlling the Cat by means of a securely fastened leash.

(b) “BYLAW ENFORCEMENT OFFICER” means an employee or independent contractor appointed by the Village to enforce the provision of the Village Bylaws, and includes a member of the Royal Canadian Mounted Police, and when authorized a Special Constable. A Bylaw Enforcement Officer is a Designated Officer.

(c) “CAT” means either male or female of the feline family;

(d) “CONTRACTOR” means a person under contract by the Village to maintain and administer a pound facility or animal shelter for Cats.

(e) “COUNCIL” means the Municipal Council of the Village of Elnora, in the Province of Alberta.

(f) “KEEPER OR KEEPS” means to own, possess, harbor, maintain, or have control or custody of a Cat or Cats during any continuous period in excess of twenty-four (24) hours.

                        (g) “OWNER” includes:

(i) a person who has the care, charge, custody, Possession, or control of a Cat;

(ii) a person who owns or claims a proprietary interest in a Cat;

(iii) a person who harbors, suffers, or permits a Cat to be present on any property of the Owner or under that person’s control;

(iv) a person who claims and receives a Cat from the custody of an animal shelter or a Bylaw Enforcement Officer, or;

(v) a person to whom a license has been issued under Sections 3 to 9 of this bylaw.

(h) “POUND” means such place as may, from time to time, be established for the impounding and keeping of Cats, in accordance with the provisions of this Bylaw.

(i) “POUND KEEPER” means any person duly authorized to operate a pound and may include a Bylaw Enforcement Officer.

(j) “POSSESSION” includes:

(i) Exercising physical or effective control of a Cat;

(ii) Having been given physical or effective control of a Cat by it’s Owner for the purpose of controlling the Cat for a specific period of time.

(k) “PRIVATE PROPERTY” means all property within the Village other than property constituting Public Lands.

(l) “PUBLIC LANDS” includes all lands under the ownership and control of Her Majesty the Queen in Right of Canada, Her Majesty the Queen in Right of Alberta, or the Village.

(m) “SCHOOL GROUNDS” includes any public or private school and surrounding property that is controlled and maintained by the school and or school board.

(n) “TAG” means a current metal or other Tag issued by the Village to an Owner for each Cat he owns, and which bears a number corresponding to a number in the master register book.

(o) “VILLAGE” means the Village of Elnora, in the Province of Alberta;

(p) “VIOLATION TAG” means a written notice, in a form approved by the Chief Administrative Office, issued by a Bylaw Enforcement Officer, to advise a person that a violation of this Bylaw has occurred and that, by payment of a specified amount to the Village Office within a set time period, that person will avoid prosecution for the offence.

(q) “VIOLATION TICKET” means a ticket issued pursuant to Part 2 of the Provincial Offences Procedure Act.

LICENSING OF CATS

3. A resident of the Village, who is the Owner of any Cat aged six (6) weeks or older shall obtain a license for the Cat from the office of the Village as per Schedule “B”, attached, as may be amended from time to time by ordinary resolution of Council duly assembled.

4. The Owner of every Cat shall, annually, on or before the last day of February, renew the license for that Cat by submitting to the Village the annual licensing fee, as set out in Schedule “B”, along with any other information as may be required by the Village. A license shall be valid only for the year for which it was issued, regardless of actual date upon which the license was purchased;

5. Upon receipt of payment of the license fee for each Cat, a Tag marked with a number corresponding to the number assigned to the Cat in the master register book, shall be issued to the Owner;

6. Every Owner shall provide his Cat with a collar to which the Owner shall affix the

Tag for such Cat and the Owner shall ensure that the collar and Tag are worn during those occasions when the Cat is not on the Owner’s premises;

7. In case a Cat license Tag is lost or destroyed, a duplicate or replacement will be issued by the Village upon payment of the sum of five dollars ($5.00) by the Owner and provided the Owner can present a receipt of payment of the license fee for the current Cat license year or the Village administrative records indicate such payment was made;

8. Licenses and Tags are not transferable from one Cat to another and no refund shall be made on any paid up Cat license fee because of the death or sale of the Cat or upon the

Owner’s leaving the Village before expiration of the license period;

9. Every person that becomes the Owner of a Cat licensed under this Bylaw shall report the change of ownership to the licensing department of the Village and the Village shall transfer ownership of the license to that person, but no additional license fee shall be owing by that person to the Village for the year for which that license was purchased;

PROHIBITION AND EXEMPTIONS

10. Every resident of Elnora who is the Owner of a Cat is guilty of an offence if he fails to obtain a license for such Cat.

11. The Owner of a Cat is guilty of an offence if such Cat:

(a) runs At Large;

(b) is without a collar and Tag while off the premises of its Owner;

(c) is a Cat in heat and is not confined and housed in the residence of the Owner or in a licensed kennel during the whole of the heat period except for the sole purpose of defecating on the premises of the Owner;

(d) defecates on any Public Lands or Private Property other than the property of it’s Owner and the Owner or person in control of the Cat fails to immediately remove such defecation;

(e) is within a site containing playground apparatus and/or sand play area located on Public Lands or Private Property other than the property of its Owner;

(f) is on School Property unless otherwise permitted or allowed by the School Board;

(g) stalks or kills birds on Public Lands or Private Property;

(h) damages Public Lands or Private Property;

(i) bites any person or animal; and

(j) attacks or injures any person or animal.

12. The Owner of a Cat is guilty of an offence if the Owner:

(a) fails to provide identification (Name, Address, Date of birth and Cat Tag number) and proof thereof to a Bylaw Enforcement Officer;

(b) provides false or misleading information to a Bylaw Enforcement Officer.

13. No more than two (2) Cats shall be harbored, suffered, or permitted to remain upon or in any land, house, shelter, room or place, building structure, or premises within the Village unless:

(a) the Cats in excess of the limit are under six weeks of age and the offspring of a licensed Cat residing at the same location.

OFFENCE PROVISIONS

14. The Village of Elnora may arrange for a Pound to be established for the keeping and impounding of Cats and may do so by entering into an Agreement with a Contractor or Pound keeper. A Contractor or any such Pound keeper may make rules and regulations for the operation and management of the Pound, provided they are not inconsistent with this Bylaw.

15. The Bylaw Enforcement Officer shall seize and impound any Cat found At Large.

16. In the active pursuit of any Cat while that Cat is At Large, any Bylaw Enforcement Officer empowered to apprehend Cats under this Part is authorized to enter upon any lands surrounding any building at all reasonable times.

17. No person, whether or not he is the Owner of a Cat which is being or has been pursued or captured shall:

(a) Interfere with or attempt to obstruct a Bylaw Enforcement Officer who was attempting to capture or who has captured any Cat in accordance with the provisions of this Bylaw;

(b) Unlock or unlatch or otherwise open the motor vehicle in which Cats

captured for impoundment have been placed, so as to allow or attempt to

allow any Cat to escape; and

(c) Remove or attempt to remove any Cat from the Possession of the Bylaw Enforcement Officer or the Pound keeper.

RELEASE OF IMPOUNDED CATS

18. The Contractor or Pound keeper shall keep all impounded Cats for a period of no less than three (3) days, including the day of impounding. Sundays and Statutory holidays shall not be included in the computation of the three (3) day period. During this period any healthy Cat may be redeemed by its Owner, upon payment to the Contractor or Pound keeper of:

(a) The appropriate license fee when a Cat is not licensed; and

(b) Kennel boarding fees as per contract rate for every twenty-four (24) hour

period or fraction thereof.

19. At the expiration of the three (3) day period any Cat not redeemed may be destroyed or sold.

20. The Bylaw Enforcement Officer or Contractor or Pound keeper 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 expenses so incurred.

OFFENCES AND FINES

21. Every person who contravenes any provision of this Bylaw may be deemed guilty of an offence and is liable on summary conviction to a penalty as set out in Schedule “A”, attached, as may be amended from time to time by ordinary resolution of Council duly assembled.

22. Every person who commits a second or subsequent offence under this Bylaw within twelve (12) months of committing a first offence under this Bylaw, may be liable to an increased fine as set out in Schedule “A”.

23. A Bylaw Enforcement Officer is authorized and empowered to issue a Violation Tag to every person who the Bylaw Enforcement Officer has reasonable and probable grounds to believe has contravened any provision of this bylaw;

24. A Violation Tag may be issued to such person:

(a) either personally;

(b) by mailing a copy to such person at his last known post office address; or

(c) upon retrieval of such person’s Cat from the Pound Facility.

25. The Violation Tag shall be in a form approved by the Chief Administrative Officer and shall state:

(a) the name of the Owner;

(b) the offence;

(c) the appropriate penalty for the offence as specified in Schedule “A” of this Bylaw;

(d) that the penalty shall be paid within twenty-one (21) days of the issuance of the Violation Tag to avoid possible prosecution; and

(e) any other information as may be required by the Chief Administrative Officer.

26. Where a Violation Tag is issued pursuant to this Bylaw, the person to whom the Violation Tag is issued may, in lieu of being prosecuted for the offence, pay the Village the penalty specified on the Violation Tag.

27. Nothing in this Bylaw shall prevent a Bylaw Enforcement Officer from immediately

issuing a Violation Ticket.

28. The Bylaw Enforcement Officer may enforce the provisions of this Bylaw, and where a Bylaw Enforcement Officer has reasonable grounds to believe that a provision of this Bylaw has been contravened, the Bylaw Enforcement Officer is authorized and empowered to immediately issue a Violation Ticket to every person who is responsible for the contravention.

29. Where a Violation Ticket has been issued to a person, that person may plead guilty to the offence by submitting to a Clerk of a Court of Competent Jurisdiction, the specified penalty set out in the Violation Ticket at any time prior to the appearance indicated on the Violation Ticket.

30. The Violation Ticket shall be served upon the person who is responsible for the contravention under the Bylaw.

31. Should any person be guilty of an offence for which no penalty is specified then such person shall be liable upon summary conviction to a fine of not more than five thousand dollars ($5000.00) and not less than five hundred dollars ($500.00).

GENERAL

32. Every owner who shall hinder, delay or obstruct any person engaged in enforcing any provision of this Bylaw, or impounding any other animal liable to be impounded under the provisions of this Bylaw, shall, for each and every hindrance, delay or obstruction, be guilty of an offence and liable upon conviction to a fine as provided in Schedule “A”.

33. Every owner who shall deliberately or willfully and with malicious intent, injure, hurt or otherwise harm any animal shall be guilty of an offence and liable upon conviction to a fine as provided in Schedule “A”.

SEVERABILITY

34. If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then

the invalid portion must be severed and the remainder of the Bylaw is deemed valid.

REPEAL

35. Bylaw No.432, January 8th, 1991, “The Animal Control Bylaw” as amended, is repealed.

Read a first time in Open Council this 8^th day of January, 2008.

Read a second time in Open Council this 16^th day of April, 2008.

Read a third time in Open Council and finally passed this _____ day of _______________, 2008.

 ______________________________

Mayor______________________________

Administrator

SCHEDULE “A”

PENALTIES

SCHEDULE “B”

Licensing fees for Cats in the Village of Elnora, Alberta are as follows:

1. For each neutered male cat or spayed female, if license is purchased:

(a) not later than the last day of February in each and every year $ 8.00

(b) remainder of the year $25.00

2. For each un-neutered male cat or un-spayed female, if license is purchased:

(a) not later than the last day of February in each and every year $10.00

(b) remainder of the year $30.00

3. For each neutered male cat or spayed female brought into the Village after

the last day of February in each and every year, if license is purchased:

(a) within sixty (60) days of entering the Village of Elnora $ 8.00

(b) remainder of the year $15.00

4. For each un-neutered male cat or unsprayed female brought into the Village

after the last day of February in each and every year, if license is purchased:

(a) within sixty (60) days of entering the Village Of Elnora $10.00

(b) remainder of the year $30.00

Replacement tags can be purchased for five dollars ($5.00) tag.

This schedule comes into effect this ______ day of _______________, 2008

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THE NUISANCE ABATEMENT BYLAW

BYLAW NUMBER 494-0806