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Proposed Cat Bylaw 1094

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                                      TOWN OF MAGRATH
                                            BYLAW 1094
BEING A BYLAW OF THE TOWN OF MAGRATH IN THE PROVINCE OF ALBERTA
TO PROVIDE FOR THE CONTROL, REGISTRATION AND CONFINEMENT OF
CATS
WHEREAS it is provided in and by the MGA, Chapter M-26.1, Part 2, Section 7(h) and
amendments thereto, that Council may pass a bylaw for the purpose of regulating the activities of
and registering of domestic animals within the Town of Magrath;
AND WHEREAS it is the intent of Council for the Town of Magrath to have a bylaw for the
control, registration and confinement of cats whereby the staff of the Town are not responsible for
catching cats but that residents may do so in traps rented from the Town;
AND WHEREAS it is not the wish to eliminate cats roaming at large due to their role in rodent
control but to reduce the complaints of nuisance cats and to provide for more responsible pet
ownership;
NOW THEREFORE The Council for the Town of Magrath, duly assembled, enacts as follows:
                  TITLE
SECTION 1
    This Bylaw may be cited as the Town of Magrath Cat Bylaw.
                  DEFINITIONS
SECTION 2
    1. "At Large" means off the premises of the owner or harbored and not under the control of
         some competent person.
    2. "Bylaw Enforcement Officer" means the Chief Administrative Officer or other duly
         authorized person acting on his/her behalf.
    3. "Cat" means any domesticated feline animal, of either sex, commonly described and
         known as a domestic cat and actually or apparently six (6) months of age or older.
    4. "Cat Breeder" means any person, group of persons or corporation, engaged in the
         commercial business of breeding, buying, selling or boarding of cats.
    5. "Cat Breeding Facility" means the physical premises where cats are harbored by a cat
         breeder.
    6. "Competent Person" shall be a person capable of controlling a cat.
    7. "Council" shall mean the Town Council of the Municipal Corporation of the Town of
         Magrath, Alberta.
    8. "Owner" means and includes any person, partnership, association, or corporation:
         a. owning or possessing, or having charge of, or control over any cat;
         b. harboring any cat;
         c. suffering or permitting any cat to remain about his/her house or premises.
    9. "Pound" means a place designated by Council as a place where cats may be placed and
         kept impounded.
    10. "Town" shall mean the Municipal Corporation of the Town of Magrath, Alberta.
                                      TOWN OF MAGRATH
                                            BYLAW 1094
BEING A BYLAW OF THE TOWN OF MAGRATH IN THE PROVINCE OF ALBERTA
TO PROVIDE FOR THE CONTROL, REGISTRATION AND CONFINEMENT OF
CATS
                 REGISTRATION
SECTION 3
   1. No person shall own, keep or harbor any cat within Town limits unless such cat is
       registered. A cat owner will provide the Town with the following information:
       a. Name and street address of the owner;
       b. Name and description of the cat to be registered;
       c. Such other information as may be required with respect to the application.
   2. Registration issued pursuant to this bylaw shall not be transferable from one cat to
       another or from one owner to another.
   3. Upon payment of the required registration fee, the owner will be supplied with a
       registration tag stamped with the number of the registration.
   4. Every owner shall ensure that the registration is securely fastened to a collar or harness
       which must be worn by the cat at all times when the cat is off the premises of the owner.
   5. The registration provisions of this bylaw shall not apply to persons temporarily in the
       Town for a period not exceeding thirty (30) days.
                 PROOF OF AGE
SECTION 4
   In a prosecution or proceeding for a contravention of this bylaw, the burden of proof
   relating to the age of the cat shall be upon the owner and unless the contrary is proven,
   the cat shall be presumed to have attained the age of six (6) months at the time relevant to
   the charge.
                 REPLACEMENT OF REGISTRATION
SECTION 5
   In case a cat registration is lost or destroyed, a replacement tag will be issued upon
   presentation by the owner of the receipt showing payment of the registration fee. The
   payment of a tag fee for the issuance of a replacement tag is identified in Schedule "A."
                 RECORDS
SECTION 6
   The Town Administration Office shall keep a record of all registered cats pursuant to
   Section 3 of this bylaw. The records shall indicate:
   1. Date of registration.
   2. Name and address and telephone number of owner of cat.
   3. Registration number issued.
   4. Breed, colour and sex of the cat.
                                    TOWN OF MAGRATH
                                           BYLAW 1094
BEING A BYLAW OF THE TOWN OF MAGRATH IN THE PROVINCE OF ALBERTA
TO PROVIDE FOR THE CONTROL, REGISTRATION AND CONFINEMENT OF
CATS
               RESPONSIBILITIES OF OWNER
SECTION 7
   1. No owner shall allow their cat/cats to be at large.
   2. No owner shall permit their cat to be on any school ground or playground and when a cat
      is found on any school ground or playground, the cat shall be deemed to be at large.
SECTION 8 CAPTURING AND IMPOUNDMENT OF CATS
   1. This bylaw provides for individual residents within the Town of Magrath to capture and
      turn over to the pound cats found to be at large.
   2. The Town of Magrath will not undertake to capture cats found to be at large.
   3. Individual residents within the Town of Magrath must utilize a cat trap from the Town to
      capture a cat or cats at large. The use of the cat trap is in accordance with the Cat Trap
      Agreement as set out in Schedule AB." The payment for rental and deposit on the use of
      the trap is as set out in Schedule "A."
   4. Cat traps may only be set on private property.
               SEIZURE, IMPOUNDMENT, DISPOSITION
SECTION 9
   1. Any resident of the Town may seize and capture, between the dates of March 16 and
      October 14, utilizing a cat trap rented from the Town, any cat found running at large and
      impound the said cat in the pound.
   2. In the seizure of cats at large, a resident of the Town must utilize cat traps available
      through the Town. Cat traps shall be used in a humane manner as set out in the Cat Trap
      Agreement, Schedule "B."
   3. The cat so impounded shall be kept in the pound for a period of at least forty-eight (48)
      hours. Sundays and statutory holidays shall not be included in the computation of the
      forty-eight-hour period. During this period, any healthy cat may be redeemed by its
      owner or agent upon payment to the Town of Magrath:
      a. of any fine or fines imposed pursuant to this bylaw;
      b. of the Town impoundment fees prescribed in Schedule "A."
   4. a. At the expiration of the forty-eight (48) hour impoundment period, any cat not
      redeemed shall be humanely destroyed or disposed of.
      b. Where a cat is wearing a Town of Magrath Cat Registration Tag, the Pound Operator
      shall notify the Town. The Town will utilize its best efforts to inform the cat owner of its
      impoundment.
                                      TOWN OF MAGRATH
                                          BYLAW 1094
BEING A BYLAW OF THE TOWN OF MAGRATH IN THE PROVINCE OF ALBERTA
TO PROVIDE FOR THE CONTROL, REGISTRATION AND CONFINEMENT OF
CATS
   5. a. The Pound Operator shall report any apparent illness, communicable disease, injury or
        unhealthy condition of any impounded cat to a veterinarian and act immediately upon the
        veterinarian's recommendation. The owner of the cat shall be responsible for all resulting
        charges.
        b. When in the judgment of a licensed veterinarian, an animal should be destroyed for
        humane reasons; such animals may not be redeemed.
   6. No action shall be taken against any person acting under the authority of this bylaw for
        damages for destruction or other disposal of a cat.
SECTION 10 INTERFERENCE WITH ENFORCEMENT
   No person, including the owner of the cat, shall:
   a. Interfere with or attempt to obstruct the individual who is attempting to capture or has
   captured any cat in accordance with provisions of this bylaw.
   b. Unlock or unlatch or otherwise open a cat trap, van or vehicle to allow or attempt to
   allow a cat to escape therefrom.
   c. Remove or attempt to remove any cat from the possession of the capturing individual,
   Pound Operator, Police Constable, Special Constable or Bylaw Enforcement Officer, or
   Animal Control Officer.
SECTION 11 RECLAIMING
   1. The owner of any impounded cat may reclaim the animal from the pound within forty-
        eight (48) consecutive hours from the time of impoundment, excluding Saturdays,
        Sundays, and Holidays by paying to the Town of Magrath the impoundment fees and
        veterinary fees as set out in Schedule "A."
   2. After 48 consecutive hours of impoundment the cat will be euthanised.
   3. Registered cats wearing their registration tag will be processed as set out in
        Section 9 - 4(b).
   4. Registered Cats wearing their registration tags if they remain unclaimed or the owner can
        not be contacted after reasonable efforts have been made by the Town will be euthanised
        after seven days from the date of capture.
SECTION 12 SCHEDULES
   These schedules are attached and form part of this bylaw and may be amended from time
   to time by resolution of Council:
   Schedule "A" - Cat Registration Fees, Trap Rental Fees, Fines and Impoundment Fees.
   Schedule "B" - Cat Trap Rental Procedures and Regulations
                                   TOWN OF MAGRATH
                                          BYLAW 1094
BEING A BYLAW OF THE TOWN OF MAGRATH IN THE PROVINCE OF ALBERTA
TO PROVIDE FOR THE CONTROL, REGISTRATION AND CONFINEMENT OF
CATS
SECTION 13 EFFECTIVE DATE
   The effective date of this bylaw shall be ninety (90) days after third reading of this bylaw.
READ A FIRST TIME THIS __________DAY OF ___________________ 2007.
READ A SECOND TIME THIS __________ DAY OF ___________________ 2007.
READ A THIRD TIME AND FINNALY PASSED THIS ___________ DAY OF ______________ 2007.
                                                      ____________________________________
                                                              Ken Jensen, Mayor
                                                      ____________________________________
                                                      Henry W. Taylor, CAO
                                     TOWN OF MAGRATH
                                         BYLAW 1094
BEING A BYLAW OF THE TOWN OF MAGRATH IN THE PROVINCE OF ALBERTA
TO PROVIDE FOR THE CONTROL, REGISTRATION AND CONFINEMENT OF
CATS
                                       SCHEDULE "A"
CAT REGISTRATION FEES
The owner of a cat shall pay the following annual registration fee:
Each Male/Female Cat Not Spayed or Neutered                                         $50.00
Each Male/Female Cat Spayed or Neutered                                              $7:00
Replacement Registration Tag                                                        $10.00
PENALTIES
Section 10-OBSTRUCTION                                                             $100.00
Impound Fee                                                                         $60.00
Care and Subsistence per day or portion thereof                                 $10.00/Day
commencing at midnight on the 48th hour after
impoundment
Veterinary Fee                                                             Amount Expended
Rental of Cat Trap (Non-Refundable)                                  $2:00     Daily Rental
                                                                    $10.00     7 Day Rental
Deposit for Cat Trap (Refundable)                                                   $40.00
                        TOWN OF MAGRATH
                            BYLAW 1094
BEING A BYLAW OF THE TOWN OF MAGRATH IN THE PROVINCE OF ALBERTA
TO PROVIDE FOR THE CONTROL, REGISTRATION AND CONFINEMENT OF
CATS
                          SCHEDULE "B"
   UNDER CONSTRUCTION
 
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Newsflash

Remember: Our town celebration is NOW held on the 4TH Saturday of July each year. It USED to be the closest Saturday to the 24th. That meant we had our Parade on Saturday July 28 in 2007. Next year it will be on July 26, 2008 .. then July 25, 2009 .. then July 24, 2010 .. then Jul 23, 2011 .. and finally back to July 28, 2012 .. Happy Magrath Days!