MOUNTAIN VIEW COUNTY – Council has approved changes to the dog control bylaw to bring the document into line with updated provincial legislation.
The move came during the recent regularly scheduled council meeting, which was held by teleconference.
The change was the result of a recent examination of bylaws by the governance review committee and consultation with legal counsel relative to the role of municipal bylaw and the provincial Dangerous Dog Act.
“For clarity, a peace officer with the appropriate appointment under the provincial Dangerous Dog Act can issue a summons for a court appearance under the act,” said Christopher Atchison, director of legislative services.
“Only a justice can make an order under the act that may include an order to keep a dog in a proper way or be destroyed. A peace officer under the municipal Dog Control bylaw can make an application to court for a justice to declare a dog to be a vicious dog under the municipal bylaw’s definition and provisions, but does not include provisions for destroying the dog," said Atchison.
“Therefore, the bylaw has been updated to reflect the provincial authorities to declare a dog as dangerous and the municipal authorities to make an application for a dog to be declared vicious.”
The proposed amendment adds the following to the county’s dog control bylaw:
“Whether or not charges have been laid pursuant to this bylaw, and notwithstanding section 8.07, a peace officer, who has reasonable grounds to believe it to be in the interest of public safety, may make applications to a judge or justice of the provincial court of Alberta for an order declaring a dog to be a vicious dog as defined in the bylaw.”
Council passed a motion approving the amendment.