Bylaw Complaint Process

How the Bylaw Complaints Process Works

If you have a Bylaw-related complaint, please contact our complaint line at 403-904-8007 or email your complaint to mdcpo@mdpinchercreek.ab.ca.
   
1.         Complaints are responded to on a priority and available staffing basis.  Response time will depend on availability of a CPO / BEO at the time of your call / email and the priority of your complaint compared to other calls for service the Officer may be dealing with.
 
2.         When you make your complaint, we will ask you for your full name, address and phone number where we can reach you.  This information is kept confidential and is not released to the subject of the complaint.
 
3.         Please be prepared to provide the following information:

• Details about the bylaw complaint / infraction / occurrence you are calling about
• Names(s) of all involved (if known)
• Date(s) of the occurrence(s) – including days of the week / month / year and time the occurrence happened
• Address or location where the infraction occurred
• What you saw, heard, did – provide as much detail as possible
• Be prepared to collect and report further information – for example:  For a barking dog complaint - the Officer will ask you to record dates and times of the barking, to identify which dog is barking and provide that documentation back to the Officer

4.         The Officer will take action based on your wishes AND in combination with the evidence that is available.  If sufficient evidence does not exist or is not available, no prosecution or other enforcement actions can be taken.  In such instances, the Officer may be able to provide a warning only.
 
5.         Your complaint and all information provided will be kept on file and the Officer assigned will keep the complaint file open until the investigation is complete and/or the matter is resolved.
 
6.         During the course of an investigation, you may be asked to provide a written statement of what you observed.  You may also be asked if you are willing to attend and testify at Court.  Your testimony is essential in cases where the Officer did not personally witness the occurrence or infraction.  If you are not willing to provide a written statement and be willing to attend Court, should the matter be set for a trial, a charge will not be laid.  In these cases, the Officer may be able to provide a warning, should sufficient evidence exist.
 
7.         At the conclusion of the investigation, the Officer will contact you to let you know the outcome of the investigation, including what actions were taken or not taken.

Barking Dog Investigations

Noise related issues that arise from barking dogs can be a source of frustration for residents.  That said, in any municipality that allows the presence of dogs, there must be some understanding on all sides that dogs will bark from time to time. 

Dog owners; however, do have a responsibility to ensure that their dogs are not barking, howling or whining in a manner that causes excessive noise that unreasonably disturbs other persons enjoyment of their property.

Process:

1.         Please attempt to discuss your concerns with your neighbour:

• They may not be aware of the issues or concerns you are experiencing with their dog(s);
• Many such issues can be resolved informally when lines of communication are kept open between neighbours.

2.         If you are unable to speak with your neighbour, or if the issue persists after you have had a discussion with them, contact MD Pincher Creek Enforcement Services to file a complaint.  When calling in your complaint, be prepared to provide the following information:

• Your full name, address and phone #
• The address where the dog resides
• A description of the dog
• Details of the incident / complaint (dates, times & duration of the barking, how you identified the dog / address the dog lives at etc.)

3.         The CPO / BEO will ask if you are willing to:

• Document the pattern of barking over a period of time and share that information with the CPO / BEO; and 
• attend Court and provide evidence in relation to the barking should the matter go to a trial.
  • If you are not willing to document the barking and/or attend Court if required, the CPO / BEO will not be able to lay charges relating to the barking.

Please note:  The Courts will not allow a CPO / BEO to provide evidence at trial to something they did not witness personally, which is why you, as the complainant, must be willing to document this information and be willing to testify at trial.
 
4.         If you are willing to document the barking and are willing to attend Court, the CPO / BEO will provide you with a Record of Disturbance Form to complete.  On the Record of Disturbance, you are required to document:

• the date, time duration of the barking;
• notes on how you identified which dog(s) are the source of the barking and the address where the dogs reside; and
• this information over a period of several consecutive days.
  • In order to proceed with laying charges for barking dogs, there must be sufficient evidence collected to support the issuance of a violation ticket – this is done through the completion of the Record of Disturbance form

5.         Once the Record of Disturbance Form is completed, the CPO / BEO will review the information provided as part of their investigation to evaluate whether there is or is not enough evidence to proceed with enforcement action.

• If there is no history or a minimal history of similar barking dog issues with the owner of the dog(s), the CPO / BEO will issue a warning to that owner, advising of the concerns and providing direction to take steps to address the problem with their dog(s).
• The CPO / BEO will advise you to continue documenting information related to any further barking subsequent to the issuance of the warning to the owner of the dog(s) concerned.  The CPO / BEO will also provide you a date and time for a follow up discussion with you to determine if there has been improvement or not. 
• If the situation has improved and the concerns resolved, the file will be concluded.  If the situation has not improved, and you have documented further occurrences, the CPO / BEO may lay charges under the Animal Control Bylaw against the owner of the dog(s).
• The decision to lay charges or not is at the discretion of  the CPO / BEO and will be based on whether or not enough evidence is present to support a charge being laid.

Frequently Referenced Bylaws

Animal Control Bylaw
Land Use Bylaw
Escaped Irrigation Bylaw
Etc.

Links

Pincher Creek Humane Society

• 403-627-5191
• https://www.pinchercreekhumanesociety.org/ 

Report a Poacher

• Report suspicious or illegal hunting and fishing activity
  • 1-800-642-3800
• https://www.alberta.ca/report-poacher

Alberta Fish & Wildlife

• Blairmore / Pincher Creek / Claresholm
  • 403-562-3289
• https://www.alberta.ca/fish-wildlife-area-office-contacts

Alberta SPCA

• To report an animal in distress:
  • 1-800-455-9003
• https://www.albertaspca.org/animal-protection/