Dog Care and Control Bylaw No. 1873, 2021 (Consolidated) — full text

This is the exact embedded text of the captured official document. Snapshot 9e3e4e7e4669 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Dog Care and Control Bylaw No. 1873, 2021 Page 1 DOG CARE AND CONTROL BYLAW NO. 1873, 2021 Adopted: March 22, 2021 CONSOLIDATED WITH AMENDMENTS FOR CONVENIENCE ONLY Amending Bylaws: Bylaw No. 1935, 2025 - Adopted March 17, 2025 - Deleting Section 6.b "on or before the 15th day of March in any year, or in the case of", 6.e) in its entirety, 6.f) deleting "from January 1st to December 31st of the year issued, or the remaining portion thereof" and replacing it with "Of one year from the date issued", and renumbering accordingly. Minor Clerical Amendment to rearrange the sentence in section 6.b to: The resident owner of every dog, and a non-resident upon 30 days residency in the City, and in the case of pups as soon thereafter a dog attains the age of six (6) months, shall apply to the... Dog Care and Control Bylaw No. 1873, 2021 Page 2 THE CITY OF ARMSTRONG BYLAW No. 1873, 2021 DOG CARE AND CONTROL BYLAW A bylaw to provide for the licensing and control of dogs and to establish a pound, together with provisions for the impounding of dogs WHEREAS the Council of the City of Armstrong is empowered and authorized pursuant to the Community Charter to regulate the keeping of dogs and to provide for the fixing, imposing and collecting of licenses to any person who owns, possesses or harbours any dog; and WHEREAS the Council deems it desirable and expedient to provide for such legislation and its enforcement; NOW THEREFORE the Council of the City of Armstrong in open meeting assembled, enacts as follows: 1. Title This bylaw may be cited as "City of Armstrong Dog Care and Control Bylaw No. 1873, 2021 2. Definitions and Interpretation 2.1 In this bylaw, Aggressive behavior means behavior by a dog that unduly intimidates a person or a domestic animal, and without limitation includes snarling, growling, baring teeth, or pursuing in a threatening or menacing manner. Aggressive Dog means a dog that, being over the age of 6 months: a) has, without provocation, displayed aggressive behaviour while in a public place; or b) has, without provocation, caused a minor injury to another domestic animal or to any person. City means the City of Armstrong. Council means the Council of the City. Chief Bylaw Officer means the person appointed by Council as the supervisor of bylaw enforcement for the City, or a person appointed to act in their place. Dangerous Dog has the same meaning as defined in section 49 of the Community Charter, as amended from time to time; Dog Care and Control Bylaw No. 1873, 2021 Page 3 Dog means an animal of the canine species. Dog Control Officer means that person appointed by the Council to enforce and carry out the provisions of this Bylaw that are assigned to the Dog Control Officer, or a person acting in the place of that Officer. Dog Pound means the place or places as designated by Council to provide for the care and control of dogs Dwelling Unit means a single-family residential unit. Guard Dog includes any dog used to protect persons, property or both, or for use in surveillance or similar activity. Guide Dog is a dog that has been trained as a guide for a blind person and certified as a guide dog under the Guide Dog and Service Dog Act. Harbourer means a person who is in possession, gives shelter to, feeds or keeps a dog. In Heat means the condition of a female dog in its ovulatory period. Minor Injury means a physical injury to a person or domestic animal that is limited to: (a) pinches, minor localized bruising, shallow punctures, or lacerations in one direction only; or (b) that in the opinion of a medical doctor in the case of an injured person, or a veterinarian in the case of an injured animal, is a minor injury. Muzzled means preventing a dog from biting by means of a humane fastening or covering device of adequate strength secured over the mouth of the dog. Non-Resident means any person who is visiting the City, or who has resided in the City for less than 30 days. Off-leash area means a part of a park or other public place designated by the City as an area where dogs, accompanied by their owners or harbourers, may exercise without being leashed. Owner means the person (a) legally entitled to ownership of a dog, (b) shown as the licensed owner of the dog in the records at City Hall, or (c) if legal ownership cannot readily be determined, the adult occupant of the property where the dog usually resides or is permitted to reside. Permanent identification means a device for permanently identifying a dog that is approved by the BC Society for the Prevention of Cruelty to Animals such as by microchip or tattoo, and that is registered with the BC Pet Registry. Person includes a corporation, partnership or party, and the personal or other legal representatives of a person to whom the context can apply according to law. Dog Care and Control Bylaw No. 1873, 2021 Page 4 Police Dog means a dog used by police or other law enforcement agency in the performance of their duties. Pound Keeper means the person that manages and operates the Dog Pound. Running at Large means any dog not on the property of its owner, harbourer or other person who has the care and control of the dog, and not attached directly to a person who is competent and of sufficient strength to ensure that the dog cannot break free from a leash, or other device used to restrain or guide the dog. Secure Enclosure means any building, structure, fenced area or the like that prevents the entry of young children and the escape of a dog. Service Dog means a dog that has been certified by the Province of British Columbia under the Guide Dog and Service Dog Act and is trained to perform specific tasks to assist a person with a disability. Serious Injury means a physical injury to a person or domestic animal that: (a) consists of deep punctures, lacerations in more than one direction, or broken bones; or (b) requires sutures or surgery; or (c) in the opinion of a medical doctor in the case of an injured person, or a veterinarian in the case of a domestic animal, is a serious injury Unlicensed Dog means any dog for which the license fee has not been paid or any dog for which a valid City dog tag is not attached. Vicious Dog means a dog that: a) has, without provocation, caused a minor injury to a person or to a domestic animal on more than one occasion; b) has, without provocation, caused a major injury to a person or to a domestic animal; or based on a dog's repeated aggressive behaviour, the Chief Bylaw Officer considers that it is likely to cause a minor injury on more than one occasion to a person or domestic animal. 2.2 Unless otherwise provided, words and phrases in this Bylaw have the same meanings as in the Community Charter. A reference to a statute in this Bylaw refers to a statute of British Columbia, and a reference to any statute, bylaw or other enactment refers to that enactment as it may be amended or replaced from time to time. In the event of a conflict between this Bylaw and a Provincial enactment, the Provincial enactment prevails. 3. Dog Pound 3.1 The City will provide or arrange to provide such buildings, yards, enclosures and motor vehicles as may be deemed necessary for the care, keeping and transportation of dogs that have been impounded. 3.2 The Dog Control Officer or pound keeper will provide for and give sufficient food and water daily to all dogs detained within the dog pound. Dog Care and Control Bylaw No. 1873, 2021 Page 5 3.3 The Dog Control Officer or pound keeper will ensure that the dog pound is kept at the required standard for the operation and cleanliness of such a facility. 4. Dog Control Officer a) Council shall appoint from time to time a Dog Control Officer to enforce the regulations of this bylaw and to facilitate the impounding of dogs pursuant to the provision of this bylaw. The Dog Control Officer may request the assistance of a police officer, a veterinarian or person having a special skill in relation to dogs in any circumstance where the Dog Control Officer considers it necessary for the purposes of this Bylaw. b) If the Dog Control Officer appointed by Council is absent or for any reason not available to carry out the provisions of this Bylaw assigned to that Officer, the following persons are designated, to act in the place of the Dog Control Officer in descending order of availability: i) the Chief Bylaw Officer; ii) a Bylaw Enforcement Officer of the City; iii) the Public Works Manager for the City;, iv) the Chief Administrative Officer for the City; v) an RCMP Officer. 5. Authority 5.1 The Dog Control Officer or Chief Bylaw Officer may do any one or combination of the following: a) request and receive information from a person to identify the ownership of a dog or its harbourer, a dog's licence and usual residence; b) enter at all reasonable times upon any property in order to inspect and ascertain whether the regulations and requirements of this Bylaw are being obeyed; c) in response to a complaint about a disturbance caused by or involving a dog, investigate the complaint, and by written notice or verbal direction, require the owner or harbourer to take steps to resolve the disturbance; d) control, seize, impound and detain a dog in accordance with this Bylaw, the Community Charter, or a court order, and without limitation, to seize and impound a dog that i. is unlicensed, if it is required to be licensed; ii. is running at large in any public place other than within a designated off-leash area; iii. is straying or trespassing on private property; iv. is on unfenced land and not securely tethered or contained; or v. appears to be suffering in a way or to an extent that cannot be addressed by its owner, harbourer or the Dog Control Officer; e) by written notice, designate a dog as an aggressive dog in accordance with this Bylaw; and impose on its owner and harbourer such restrictions, requirements and other measures as the Dog Control Officer believes advisable and prevent further aggressive behavior; and f) issue notices and tickets and bring proceedings to enforce this Bylaw. Dog Care and Control Bylaw No. 1873, 2021 Page 6 5.2 The Chief Bylaw Officer may: (a) by written notice, designate a dog as an aggressive dog, a vicious dog or a dangerous dog, and impose on its owner and any harbourer such restrictions, requirements and other measures as the Officer believes advisable and prevent further or any incidents of aggressive behavior, injury or death, as applicable; (b) remove a designation of aggressive dog or vicious dog in accordance with this Bylaw (c) carry out the powers, duties and functions of an animal control officer as set out in section 49 of the Community Charter in relation to a dog that is a dangerous dog or that the Officer believes to be a dangerous dog; and (d) subject to an order of the court, and in accordance with the Community Charter and this Bylaw, make decisions regarding the treatment, transfer, adoption, sale or destruction of a dog that has been seized and impounded. 5.3 No person shall obstruct, interfere with or prevent a Dog Control Officer, or other officer identified in section 4 (b) from carrying out their duties under this Bylaw. 6. Licensing of Dogs a) Valid Licence - No person shall own, possess or harbour any dog within the boundaries of the City unless a valid and subsisting dog licence and dog tag has been issued for such dog in accordance with this Bylaw. b) Application for Licence - The resident owner of every dog, and a non-resident upon 30 days residency in the City, and in the case of pups as soon thereafter a dog attains the age of six (6) months, shall apply to the City for a dog licence and shall cause such dog to wear around its neck a collar to which shall be attached a licence tag issued by the City. 1935 c) Age of Licensee - No licence will be issued under this bylaw in respect of any dog to any person under the age of nineteen (19) years, unless and until such person provides the Chief Bylaw Officer with written consent, of their parent or guardian, and any parent or guardian providing written consent under this section, shall be for the purposes of this bylaw deemed to be the owner of the dog in respect of whom the dog licence is issued. d) Police, Service or Guide Dog - A licence is required under this bylaw for all Police, Service or Guide Dogs, but the annual licence fee shall be waived. e) Period of Licence - Annual Dog Licences shall be for the period of one year from the date issued; and a Lifetime Dog Licence shall be for the lifetime of the dog for which the tag was purchased. 1935 Dog Care and Control Bylaw No. 1873, 2021 Page 7 f) Dog Licence Displayed - Every person who is issued a Dog Licence under this bylaw shall receive a numbered Dog Tag which shall be fastened to a collar or harness which is to be worn by the dog for which the Dog Licence was issued. g) Dog Licence and Tag Specific - Every dog licence and dog tag issued under this bylaw shall be for the specific dog for which the dog licence and tag was issued and no person shall place, affix or use a dog tag issued in respect of that dog on or for a different dog. h) Replacement Dog Tags - A replacement dog tag may be issued, upon payment of the fee shown in the City of Armstrong Rates and Fees Bylaw. i) Form of Licence - All dog licences shall include as a minimum of information: name, phone number and civic address of the owner, civic address of the usual location where the dog is kept if different from the owner's residence and a description of the dog, including name, breed, sex, colouring, age and whether neutered or spayed. j) Fee - The owner must pay fees as established in the City of Armstrong Rates and Fees Bylaw for the issuance of a dog licence and dog tag, payable at City Hall and any other locations deemed appropriate by the City from time to time. k) Non-Resident - A non-resident who is the owner or harbourer of a dog, must have a valid licence for the dog as required in the jurisdiction of its ordinary residence, and at the expiry of thirty (30) days residency within the City, must obtain a licence for that dog in accordance with this bylaw. l) Number of Dogs - No person shall keep or harbour more than two (2) dogs within a residential dwelling unit. m) Unweaned Dog - All unweaned offspring of a dog together with the female parent shall be deemed to constitute a single dog for the purpose of this bylaw. 7. Control of Dogs a) Running at Large - No owner or harbourer of a dog shall allow their dog to run at large. b) Noise - No owner or harbourer of a dog shall allow their dog to make or cause to make noises or sounds which disturb or tend to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or persons in the vicinity. c) Odour - No owner or harbourer of a dog shall allow foul odour to disturb the quiet enjoyment of the neighbourhood, or persons in the vicinity. d) Dog in Heat - No owner or harbourer of a dog shall allow a female dog, during its ovulatory period, to be left unattended in a yard that is not fenced to keep other dogs out. e) Signage Prohibiting Dogs - No owner or harbourer of a dog shall permit their dog within or on any private or public property that has signage restricting or prohibiting dogs from entering said property. Guide Dogs, Service Dogs and Police Dogs are exempt from this section of the bylaw. Dog Care and Control Bylaw No. 1873, 2021 Page 8 f) Deposit of Faeces - No owner or harbourer of a dog shall allow their dog to leave or deposit any faeces on any public property, which shall include parks, boulevards, road right-of- ways or sidewalks or on any private property, other than the property of the owner or harbourer, unless the owner shall immediately take steps to remove such faeces, and dispose of the same in a sanitary manner. Guide Dogs are exempt from this section of the bylaw. g) Harassing a Person - No owner or harbourer of a dog shall allow their dog to harass, chase, or approach a person in a menacing fashion or apparent attitude of attack. h) Harassing an Animal - No owner or harbourer of a dog shall allow their dog to harass, chase, bite, or otherwise attack a domestic animal. i) Chase a Vehicle - No owner or harbourer of a dog shall allow their dog to chase a vehicle or cyclist. j) Aggressive Behaviour No owner or harbourer of a dog shall permit the dog to display aggressive behaviour towards a person or a domestic animal k) Dog Bites - No owner or harbourer of a dog shall allow their dog to bite, inflict injury, or otherwise attack a person or domestic animal. l) Damage to Property - No owner or harbourer of a dog shall allow their dog to damage any property of another person. m) Leashed All dogs must be secured by a collar or harness and a leash, with a maximum length of two (2) meters, suitable to the size and strength of the dog, when in a public place other than an off-leash area; 8. Dog with Disease 8.1 The owner or harbourer of a dog that apparently has a disease or that is diagnosed by a veterinarian with a contagious disease must, where the disease poses a threat to the health or safety of a person or domestic animal, ensure that the dog does not leave the property or premises of the owner except to be assessed or treated by a veterinarian, in which case the dog must be transported in such a manner as to ensure that it does not come into contact with another person or domestic animal. 9. Aggressive Dog 9.1 A dog owner or harbourer to whom a notice designating their dog as an aggressive dog has been delivered must fulfill all requirements and meet all restrictions set out in the notice, which may include any or all of the following: a) secure the dog by a collar or harness and a leash, with a maximum length of one meter, suitable to the size and strength of the dog, when in a public place; b) not cause, permit, or allow the dog to enter an off-leash area; c) ensure the dog has permanent identification within one month of the dog being designated an aggressive dog; d) provide the identification information to the Chief Bylaw Officer; and Dog Care and Control Bylaw No. 1873, 2021 Page 9 e) carry out any other measures that the Chief Bylaw Officer considers necessary or appropriate to control and prevent further aggressive behavior. 9.2 After one year of a dog being designated an aggressive dog, the owner may apply in writing to the Chief Bylaw Officer to have the designation removed, accompanied by evidence that all requirements and restrictions set out in the notice of designation have been met, and such other information that may support the application. 9.3 Subject to subsection 9.4, on reviewing an application under section 9.2, if the Chief Bylaw Officer is satisfied that a) the City has not received any further complaints regarding that dog; b) the dog appears unlikely to display any further aggressive behaviour; c) the owner and the dog have successfully completed a training course designed to prevent dog aggression; d) the dog has permanent identification; and e) the owner has been diligent in meeting the requirements and restrictions set out in the notice of designation, the Chief Bylaw Officer may, by written notice to the owner, remove the aggressive dog designation. 9.4 If a dog is designated an aggressive dog more than once, there is no further ability to remove the aggressive dog designation from the dog. 10. Vicious Dog 10.1 A dog owner or harbourer to whom a notice designating their dog as an vicious dog has been delivered must fulfill all requirements and meet all restrictions set out in the notice, which may include any or all of the following: a) the dog must not be allowed, at any time, to be at large within the City, whether or not the care and custody of the dog has been assigned to any other person; b) the dog must be secured by a collar or harness and a leash, with a maximum length of 1 meter, suitable to the size and strength of the dog, when in a public place; c) the dog must be muzzled in such a manner as to prevent it from being able to bite a person or a domestic animal when in a public place; d) if the dog is to be left unattended by the owner at any time or place, including anywhere on the premises under control of the owner, the dog must remain in a secure enclosure located within securely fenced premise, with all fences and gates kept locked to prevent access to the fenced area and the enclosure; Dog Care and Control Bylaw No. 1873, 2021 Page 10 e) a clearly visible sign must be posted at all points of entry onto any premises where the dog is being kept, temporarily or permanently, warning that there is a vicious dog on the premises; f) the dog must not be brought to or allowed to enter an off-leash area; g) the dog must have permanent identification within one month of its being designated a vicious dog, and the identification information provided to the Chief Bylaw Officer; h) in the case of transfer of ownership of the dog, the current owner must notify the prospective owner and the City in writing that the dog has been designated as a vicious dog prior to the transfer of ownership; and i) carry out any other measures that the Chief Bylaw Officer considers necessary or appropriate to prevent incidents of harm to other domestic animals or to any person. 10.2 An owner who has received notice that their dog has been designated a vicious dog may, within fourteen (14) days of the notice being delivered, make written representations to the Chief Bylaw Officer, requesting that the designation be reconsidered, providing explanation and any related information that would support changing or removing the designation. 10.3 After reviewing the representations by the owner under section 10.2, and considering other information that they consider may be relevant to the decision, the Chief Bylaw Officer, may: a) confirm the designation of the dog as a vicious dog; rescind the designation of vicious dog and make no designation regarding the dog; or substitute the designation of a vicious dog with the designation of an aggressive dog and modify any conditions or restrictions that were imposed as a result of the vicious dog designation. 11. Dangerous Dogs a) The owner or harbourer of a dangerous dog shall confine the dog in a secure enclosure and shall muzzle the dog whenever it is off the owner's or harbourer's premises. b) The owner or harbourer of a dangerous dog shall not cause, permit or allow the dog to enter an off-leash area. c) The owner or harbourer of a dangerous dog shall ensure the dog has permanent identification within 30 days of the dog been designated a dangerous dog and provide a copy of the identification information to the City. d) If a dangerous dog attacks or pursues a person or domestic animal, the Dog Control Officer may impound the dog, Dog Care and Control Bylaw No. 1873, 2021 Page 11 11.1 If the Chief Bylaw Officer, by their personal observation of a dog or by report of the Dog Control Officer, a bylaw enforcement officer or a police officer, believes that a dog is a dangerous dog, and that the dog was not acting while in the course of attempting to prevent a person from committing an unlawful act, or performing law enforcement work, the Chief Bylaw Officer may take any one or more actions set out in section 49 of the Community Charter, in accordance with that enactment, including to a) seize, impound and detain the dog for up to 21 days; b) within the 21 day period, to apply to the Provincial Court for an order that the dog be destroyed, c) if a court application is made, to further detain the dog until the decision of the court is issued; and d) if the court orders that the dog be destroyed, to arrange for its humane destruction in accordance with the order, or e) if the court dismisses the application, to return the dog to its owner. 11.2 The owner of a dog that has been seized, impounded or detained as a dangerous dog pursuant to subsection 11.1 must a) pay fees for its impoundment, whether or not the dog is ordered to be destroyed, and b) comply with any and all measures imposed by the Chief Bylaw Officer in relation to any designation made by the Chief Bylaw Officer under section 9 [ aggressive dog] or section 10 [vicious dog] and any further restrictions and requirements that the Officer considers necessary or advisable to control the dog as a dangerous dog and prevent it from harming another domestic animal or a person. 12. Impounding of Dogs a) Impound - Any unlicensed dog that is required to be licensed, running at large, found straying or trespassing on private property, or that is, or appears to be, suffering may be impounded. b) Release - No dog shall be released from the dog pound until all provisions of this bylaw have been met and all fees and penalties have been paid. c) Time - Unless impounded as a dangerous dog pursuant to a court application under section 49 of the Community Charter, all impounded dogs shall be retained for a period of up to Twenty One (21) days, from the time of impoundment or until released to the owner, whichever is the shorter time. d) Unlawful Release - A person must not release or rescue or to attempt to release or rescue any dog lawfully in the custody of the Dog Control Officer. Dog Care and Control Bylaw No. 1873, 2021 Page 12 e) Notice of Impoundment - The Dog Control Officer will attempt to notify the owner of an impounded dog by telephone or mail, whichever is the most practical, where the dog has a dog tag, permanent identification or otherwise where the owner can be readily identified. f) Unclaimed Dogs - In case the owner or harbourer is not known, or the owner so notified has not paid the fees and penalties pursuant to this bylaw, the Chief Bylaw Officer may transfer the dog or dogs to the local branch of the S.P.C.A. or other similar organization, or destroy the dog or dogs as provided for in this bylaw and in accordance with the provisions of the Community Charter. g) Diseased, Suffering or Dangerous Dogs - Despite any other provision of this bylaw, a dog may be destroyed immediately upon receipt if it is verified by a licensed veterinarian to be diseased or suffering, or the destruction is requested by the owner upon signing a waiver form. h) Destruction of Dogs - In the case of abandonment, once a seventy-two (72) hour period of impoundment has expired, if no one expresses an interest to claim, purchase or adopt the dog, the Chief Bylaw Officer is empowered to transfer the dog to a veterinarian or to the local branch of the S.P.C.A or similar organization capable of receiving the dog to be adopted or destroyed. i) Voluntary Surrender of a Dog - If the owner of a dog requests the Dog Control Officer to take away any dog which the owner thereof desires to have destroyed, the owner shall provide evidence of ownership and shall sign a waiver in a form approved by the Chief Bylaw Officer, acknowledging that they have voluntarily relinquished all rights to the dog and shall pay the fee outlined in the City of Armstrong Rates and Fees Bylaw. j) Responsibility for Uncollected Fees or Costs - The owner shall be responsible for all uncollected fees, fines or penalties in respect of an impounded dog, whether or not the dog has been released. 13 Offence and Penalty a) Any person who violates any of the provisions of this bylaw or who suffers or permits any act or thing to be done in contravention of this bylaw or who neglects to do or refrains from doing any act or thing which violates any of the provisions of this bylaw commits an offence. Each day that such violation is permitted to continue may constitute a separate offence. b) Any person guilty of violating this Bylaw shall be liable to a penalty of not more than $2,000 or a term of imprisonment not exceeding sixty days or to both. 1. Severance a) If any portion of this bylaw is declared ultra vires by a Court of Competent Jurisdiction or found to be illegal or unenforceable, that part or section shall be considered to be separate and severable from the bylaw to the intent that the remainder of the bylaw shall continue in full force and effect and shall be enforceable to the fullest extent permitted by law. 2. Bylaw Repealed a) "City of Armstrong Dog Regulation and Impounding Bylaw Number 1773" and any amendments thereto, are hereby repealed. Dog Care and Control Bylaw No. 1873, 2021 Page 13 READ a first time this 8th day of March 2021. READ a second time this 8th day of March 2021. READ a third time this 8th day of March 2021. ADOPTED this 22nd day of March 2021. Signature on File Signature on File CORPORATE OFFICER MAYOR