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THE CORPORATION OF THE VILLAGE OF ASHCROFT
DOG CONTROL AND POUND OPERATION BYLAW NO. 832, 2019
A BYLAW TO PROVIDE FOR THE CONTROL AND LICENSING OF DOGS AND THE OPERATION OF A
POUND FACILITY IN THE VILLAGE OF ASHCROFT
NOW THEREFORE the Council of the Corporation of the Village of Ashcroft, in open meeting
assembled, ENACTS AS FOLLOWS:
1. CITATION
This Bylaw shall be cited for all purposes as the Village of Ashcroft "Dog Control and Pound
Operation Bylaw No. 832, 2019"
2. REPEAL
The "Corporation of the Village of Ashcroft Dog Regulation and Impounding Bylaw No. 502" and all
its amendments are hereby repealed.
3. DEFINITION
In this Bylaw:
ALTERED
a) refers to an animal which has been spayed or neutered.
ANIMAL CONTROL
OFFICER
means:
a) A person employed or contracted by the Village to be an Animal
Control Officer or Bylaw Enforcement Officer;
b) A municipal employee, officer or agent designated by Council as an
Animal Control Officer for the purposes of this Bylaw;
c) An RCMP officer; and
d) A Province of British Columbia conservation officer.
AT LARGE
means:
a) Being elsewhere than on lands or premises owned or occupied by
the owner and not on a leash, or
b) On unfenced land and not securely tethered, or
c) Not under the physical control of its owner or owner's agent, or
d) In the care and control of a person who an Animal Control Officer
considers is not a competent person.
CHIEF
ADMINISTRATIVE
OFFICER (CAO)
means:
a) The Chief Administrative Officer of the Village or their designate,
and includes anyone authorized by Council to act on their behalf.
COMPETENT PERSON
means:
a) A person who is physically and mentally able to control a dog and to
ensure compliance with this Bylaw at all times.
COUNCIL
means:
a) The municipal Council of the Village of Ashcroft.
DANGEROUS DOG
means:
a) A dangerous dog as defined by the Community Charter.
DOG
means:
a) A domestic animal of the Canis lupus species.
DOG CONTROL AND POUND OPERATION BYLAW NO. 832, 2019 Page 2 of 9
ENCLOSURE
means:
a) A fence or structure:
(i) Allowing the humane confinement of an animal,
(ii) Allowing the safe and unrestricted movement of the animal,
(iii) With any gates to be self-closing,
(iv) Capable of preventing the entry of a child aged 10 years or
younger, and
(v) Adequately constructed to prevent the animal confined
within it from escaping.
HUMANE
means:
a) Not causing pain, and causing no discomfort or causing minimal
discomfort.
IMPOUNDED
means:
a) An animal that has been seized by the Animal Control Officer and is
in the custody of the Animal Control Officer.
KENNEL
means:
a) A facility for the care of three (3) of more dogs, cats or other
household pets, where such animals are kept commercially for
boarding, propagation, training, grooming or sale.
LEASH
means a device, or use of a device:
a) No more than 2.0 metres (6.6 feet) in length, and
b) Of a sufficient strength and design to restrain the animal for which it
will be used, and
c) Securely affixed to an animal, with the other end of the leash held
by a competent person.
MICROCHIP
means:
a) An approved National Companion Animal Coalition Canadian
standard encoded identification device intended to be implanted
into an animal, which contains a unique code that permits or
facilitates access to owner information, including the name and
address of the owner of the animal, which is stored in a central
database.
MITIGATIING FACTOR
means a circumstance that excuses the aggressive behavior of an animal and
may include but is not limited to:
a) Responding to an attack by a person or aggressive animal;
b) Responding to an attack against its offspring by a person or animal;
c) Responding to teasing, provocation or torment;
d) Protecting its owner from physical harm;
e) Defending the real or personal property of its owner from trespass,
damage or theft;
f) Attempting to prevent a person from committing an unlawful act; or
g) Performing law enforcement work.
MUZZLE
means a humane device or application of a humane device that:
a) Fits over the mouth of an animal, and
b) Cannot be removed by the animal, and
c) Prevents the animal from biting.
DOG CONTROL AND POUND OPERATION BYLAW NO. 832, 2019 Page 3 of 9
OWNER
means any person:
(a) Whose name appears on a dog license, or
(b) Who has the care, custody or control of an animal, or
(c) Who possesses, harbours or allows an animal to remain about a
house, land or in premises owned or occupied by that person.
POUND
means:
a) A premise designated by contract with the Village for the
impoundment, care and feeding of animals pursuant to this Bylaw.
POUNDKEEPER
means:
a) Any person appointed by Council to operate the pound, usually the
Animal Control Officer.
SECURE ENCLOSURE
means a structure:
a) Allowing the humane confinement of an animal,
b) Allowing the safe and unrestricted movement of the animal,
c) With any gates to be self-closing,
d) Constructed and locked in such a fashion as to prevent the escape of
an animal and to prevent the entry of any person other than those
authorized by the owner,
e) With no side in common with a perimeter fence,
f) Approved by the Animal Control Officer for a specific animal, and
g) Depending on the security and design of the structure, and the
animal it will house, the Animal Control Officer may additionally
require that the structure be:
(i) at least 1.8 metres (5.9 feet) in height,
(ii) having a concrete or asphalt floor,
(iii) with wire or steel mesh sides and roof, and
(iv) with the floor securely attached to the sides or the sides
embedded in the ground to a minimum depth of 30
centimeters (1.0 foot).
SERIOUS INJURY
means an injury that:
a) Includes a broken bone, disfiguring lacerations or extensive
lacerations,
b) Requires sutures or cosmetic surgery, or
c) Is determined to be severe by a Court upon hearing the evidence.
SERVICE ANIMAL
means an animal trained by an accredited institution, and on duty:
a) As a law enforcement animal, or
b) To provide assistance to a hearing- or visually-impaired, physically-
or developmentally-challenged person.
TETHER
means:
a) A device or the application of a device such as a rope or chain with
one end securely attached to an animal, and the other end securely
attached to a stationary object or pulley and cable, and used to
humanely confine an animal to a certain area.
UNLICENSED DOG
means a dog:
a) For which the dog license for the current year has not been
obtained, or
b) To which a current dog license tag is not attached.
DOG CONTROL AND POUND OPERATION BYLAW NO. 832, 2019 Page 4 of 9
VILLAGE
means:
a) The Corporation of the Village of Ashcroft or the area within the
municipal boundaries of the Village of Ashcroft, depending on the
context.
ZONING BYLAW
means:
a) The Village of Ashcroft Zoning Bylaw as amended from time to time.
4. ADMINISTRATION
4.1. The Animal Control Officer is authorized to administer and enforce this Bylaw.
4.2. The Village may contract with any person, firm, society, or corporation as it deems
appropriate for the purpose of maintaining and operating a pound, and providing for the
collection, distribution and payment of revenue and expenditures derived from the operation of
the pound.
4.3. No person shall hinder, delay, threaten, prevent, or obstruct in any manner, directly or
indirectly, the Animal Control Officer while carrying out their duties pursuant to this Bylaw,
including but not limited to obstruction by:
a) Providing false information;
b) Unlocking, unlatching, or otherwise opening a vehicle or any enclosure in which an
impounded animal has been placed;
c) Removing or attempting to remove any animal from the possession of a pound keeper,
Animal Control Officer or Village employee;
d) Removing or attempting to remove an animal from the pound, except in accordance with
this Bylaw.
4.4. The Animal Control Officer may enter, at all reasonable times, upon any land in order to
ascertain whether this Bylaw is being contravened.
5. DOG CONTROL
5.1. An owner shall not permit, suffer or allow a dog to be at large.
5.2. For the purposes of this bylaw, a dog is deemed to be at large where it is not under control by
being:
a) Elsewhere than on land or premises owned or occupied by the owner and not on a
leash, or
b) On unfenced land and not securely tethered, or
c) Not under the physical control of its owner or owner's agent, or
d) In the care and control of a person who an Animal Control Officer considers is not a
competent person.
DOG CONTROL AND POUND OPERATION BYLAW NO. 832, 2019 Page 5 of 9
5.3. An owner shall immediately remove any and all of their dog's excrement from another person's
property or any public street, lane, sidewalk or any other public or private property and dispose of it
in a sanitary manner.
5.4. An owner who is legally blind is exempt from section 5.3 in respect to excrement deposited by a
service animal, when not accompanied by a sighted person aged 12 years or over.
5.5. An owner shall not permit a dog to continuously cry or bark which disturbs the quiet, rest,
enjoyment, comfort or convenience of a neighbourhood or a person(s) in the vicinity or place where
the dog is being housed or maintained.
5.6. An owner shall not tie, secure or tether any dog for a period longer than eight (8) hours at any
one time for each twenty-four (24) hour period.
5.7. An owner shall not permit, suffer or allow a dog to be in the Chinese or municipal cemeteries
or Village Parks at any time.
5.8. An owner of a female dog in heat shall keep the dog on the owner's property, and:
a) Confined indoors, or
b) Leashed and under the control of a competent person aged 16 years or older, or
c) Confined within an enclosure with any gate locked at all times when the dog is within.
5.9. No more than two (2) dogs over the age of three (3) months shall be kept in a residentially
zoned area in the Village at one time, unless the property is zoned Rural Residential and a kennel
license has been purchased for the property.
6. DOG LICENSING
6.1. No person shall own, possess or harbour an unlicensed dog within the boundaries of the
Village.
6.2. The categories of dog license are:
a) Altered dog,
b) Unaltered dog,
c) Dangerous dog
6.3. The licensing fees shall be as set out as Schedule "G" in the Village of Ashcroft Consolidated
Fees and Charges Bylaw No. 833, 2019 as amended from time to time.
6.4. In order to purchase an altered dog license, the owner of the dog must sign a declaration to
certify that the dog has been altered on the annual Dog License Application as set out in Schedule
"A" of this Bylaw (attached).
DOG CONTROL AND POUND OPERATION BYLAW NO. 832, 2019 Page 6 of 9
6.5. The owner of an altered dog may be required to produce a certificate from a qualified
veterinarian to prove that the dog has been altered.
6.6. No refund shall be given if a dog is altered after its owner purchases a dog license.
6.7. Dog licensing fees shall not be pro-rated during the year.
6.8. The owner of a dog shall obtain a license in accordance with the provisions of this Bylaw
before the last day of February in each year, or as soon thereafter as such dog shall attain three
(3) months of age.
6.9. A license issued pursuant to this Bylaw is valid for the year for which it is purchased and shall
expire on the 31st day of December in that year.
6.10. Issuance of a license shall be an administrative function of the municipal office under the
direction of the Chief Administrative Officer.
6.11. Every person who obtains a license shall be given a tag which shall be, at all times, fastened
to a collar or harness worn by the dog for which the license was purchased.
6.12. The number on the dog license shall correspond to the stamped number on the tag.
6.13. Where the tag issued by the Village has been lost or is no longer legible, a replacement tag
shall be acquired by the owner for the remainder of the current licensing year, upon producing
proof of previous purchase and payment of a prescribed fee.
6.14. The following dogs are exempt from the requirements of this section:
a) Service animals,
b) Dogs under the age of three (3) months, and
c) Dogs that visit the Village for a total of 30 or fewer days in a calendar year.
7. DANGEROUS DOG
7.1. In determining whether a dog is dangerous, mitigating factors may be considered.
7.2. No person shall own, possess or harbour any diseased or dangerous animal within the Village
unless the same is kept sufficiently secured so as to prevent it from endangering the safety of any
person or other animal, including a person lawfully entering upon the premises where the animal is
located.
7.3. Without limiting the generality of the foregoing, no person who owns, possesses or harbours a
dangerous dog shall permit, suffer or allow the dog to be on any highway, any public place or common
property, or any place not owned or controlled by that person, unless the dog is sufficiently muzzled
to prevent it from biting another animal or human.
DOG CONTROL AND POUND OPERATION BYLAW NO. 832, 2019 Page 7 of 9
7.4. Upon receiving a complaint in writing that a dog has attacked or attempted to attack any animal
or human, if the owner of the dog can be ascertained, the Animal Control Officer shall notify the owner
of the dog in writing of the complaint, and shall notify the owner of the dog in writing that the dog is
now considered to be a " dangerous dog" as defined by the Special Powers in relation to dangerous
dogs in the Community Charter and that the Village will follow the steps outlined in that legislation.
7.5. The Animal Control Officer may, at any time and in their sole discretion, humanely euthanize any
animal suffering from any incurable disease, injury or mutilation, to prevent cruel suffering or the
spread of disease.
8. KENNELS
8.1. The following Kennel provisions apply to all dogs except those under three (3) months of age:
8.2. Every owner of three (3) or more dogs shall possess a valid and subsisting kennel license.
8.3. A kennel license shall be obtained by applying to the Village and paying the prescribed kennel
license fee and applicable dog license fee set out in Schedule "G" of the Consolidated Fees and
Charges Bylaw No. 833, 2019.
8.4. No kennel shall be permitted unless:
a)
Adequate floor space of for each dog to lie flat on their sides outside their bed in the
sleeping area.
b) The kennel complies with all laws and regulations in force in the Province of British
Columbia, all Municipal Bylaws and conforms to the Code of Practice for Canadian
Kennel Operations as amended from time to time, including but not limited to
construction requirements, lighting, temperature control and access to exercise
space.
c)
A building permit for the kennel has been obtained in accordance with the provisions
of the Village.
8.5. A kennel license issued may be suspended or revoked at any time by the Animal Control Officer if
the provisions of the Bylaw are not observed by the licensee.
8.6. Every licensee shall, at all reasonable times, permit the Animal Control Officer, to enter and
inspect any kennel for the purposes of ascertaining whether the provisions of this Bylaw are being
observed.
8.7. Every kennel license issued under this Bylaw:
a) expires on the 31st day of December of the year in which it is issued.
b) is valid only in respect of the kennel for which it is issued; and
c) shall be renewed no later than the 1st day of February in the following calendar year.
DOG CONTROL AND POUND OPERATION BYLAW NO. 832, 2019 Page 8 of 9
8.9. The Village shall maintain a record of all kennel licenses issued.
9. SEIZURE AND IMPOUNDMENT
9.1. The Animal Control Officer may seize and impound any animal which is found by the Animal
Control Officer to be:
a) Unlicensed, if there is a requirement that it be licensed; or
b) At large on a highway or in a public place; or
c) Straying or trespassing on private property; or
d) On unfenced land and not securely tethered or contained, if there is a requirement
to be securely fenced, tethered or contained; or
e) A dangerous dog.
9.2. Upon seizure and impoundment of an animal, the Animal Control Officer shall make a reasonable
effort to inform the owner, if known, that the animal has been seized and impounded.
9.3. If an owner is unknown, all reasonable efforts will be made to advise the public of the impounded
animal being housed at the pound.
9.4. An animal delivered to the Animal Control Officer by the public may be dealt with in the same
manner as an animal seized and impounded pursuant to this Bylaw.
9.5. It shall be unlawful for any person to release or rescue or attempt to release or rescue any dog
lawfully in the custody of the Animal Control Officer, and no person shall intervene or otherwise
interfere with the Animal Control Officer in the lawful exercise of his/her duties.
9.6. An owner may claim their impounded animal upon:
a) Proving ownership to the pound keeper or Animal Control Officer, and
b) Purchasing a licence if required by this Bylaw, and
c) Paying the applicable fees and charges set out in Schedule "G" of the Consolidated
Fees and Charges Bylaw No. 833, 2019.
9.7. In the case the owner is not known or the owner so notified does not within three (3) days of
notification referred to in Section 9.2 hereof, appear at the pound and release the dog so impounded
by the payment of the lawful fees as outlined in Schedule "G" of the Consolidated Fees and Charges
Bylaw No. 833, 2019, the Animal Control Officer may put the dog or dogs up for adoption as provided
for in this Bylaw.
9.8. In the event that the owner of an impounded dog is unable to claim the dog, he/she may sign an
Authorization to Surrender Animal form as outlined in Schedule "B" of this Bylaw (attached).
9.9. The Animal Control Officer may advertise the unclaimed dog available for adoption no less than
three (3) days after impounding and notification as per section 9.7. Interested parties must complete
DOG CONTROL AND POUND OPERATION BYLAW NO. 832, 2019 Page 9 of 9
the Animal Adoption Application as set out in Schedule "C" of this Bylaw, to assist the Animal Control
Officer in determining if the applicant would be a suitable owner of the dog.
9.10. An animal may be seized and humanely euthanized if:
a) It is determined by the Animal Control Officer or the pound keeper that the animal is
suffering and the animal's suffering cannot be otherwise reasonably addressed; and
b) The Animal Control Officer has made a reasonable effort to inform the owner, if
known, of the seizure, impoundment, and condition of the animal; and the intent to
have the animal humanely euthanized; and
c) A veterinarian licensed to practice in British Columbia is retained to humanely
euthanize the animal.
10. ENFORCEMENT
10.1 Every person who violates any of the provisions 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 neglects
to do, or refrains from doing anything required to be done by any of the provisions of this Bylaw, shall
be deemed to be guilty of an infraction thereof, and liable to the penalty or penalties as stated in
Schedule "G" of the Consolidated Fees and Charges Bylaw No. 833, 2019.
11. SEVERABILITY
11.1 If any section, subsection sentence, clause or phrase of this Bylaw is for any reason held to be
invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed and
the part that is invalid shall not affect the validity of the remainder.
READ A FIRST TIME THIS 22nd DAY OF JULY, 2019.
READ A SECOND TIME THIS 22nd DAY OF JULY, 2019.
READ A THIRD TIME THIS 26th DAY OF AUGUST, 2019.
RECONSIDERED AND ADOPTED THIS 09th DAY OF SEPTEMBER, 2019.
Certified to be a true and correct copy __________________________________
of the Village of Ashcroft Dog Control and Barbara Roden, MAYOR
Pound Operation Bylaw No. 832, 2019
as adopted by Council.
__________________________________
Anne Yanciw , Chief Administrative Officer
DOG CONTROL AND POUND OPERATION BYLAW NO. 832, 2019 SCHEDULE "A" | Application for Dog License
THE CORPORATION OF THE VILLAGE OF ASHCROFT
DOG CONTROL AND POUND OPERATION BYLAW NO. 832, 2019
SCHEDULE "A"
APPLICATION FOR DOG LICENCE
DATE:
OWNER:
PHONE:
STREET ADDRESS:
BOX:
TOWN: ASHCROFT, BC
DOG'S NAME:
SEX:
SPAYED OR NEUTERED:
COLOR:
BREED:
TAG NO.:
TAG YEAR: ____________
I hereby swear that the above described dog has in fact been altered and is a neutered male or
spayed female canine.
Owner's Signature
Date
DOG CONTROL AND PUND OPERATION BYLAW NO. 832, 2019 SCHEDULE "B" | Authorization to Surrender Animal
THE COPORATION OF THE VILLAGE OF ASHCROFT
DOG CONTROL AND POUND OPERATION BYLAW NO. 832, 2019
SCHEDULE "B"
AUTHORIZATION TO SURRENDER ANIMAL
I, the undersigned, being the owner, or having control of the animal described within and assuming all
responsibility and releasing the VILLAGE OF ASHCROFT of all risk and damage which may
arise from whatever cause, do hereby surrender the said animal to the VILLAGE OF ASHCROFT and its
representatives. I also hereby agree to indemnify and save the VILLAGE OF ASHCROFT harmless from all
claims, actions or demands which may be made against it by anyone claiming to be the owner of said
animal or otherwise. Persons surrendering the animal(s) are advised ownership is transferred to the
VILLAGE OF ASHCROFT and no information regarding animals will be released to previous owners.
Owner/Agent (Print Name): _________________________________________________________
Signature: ______________________________________ Date: ____________________________
Witness Name (Print Name): ________________________________________________________
Witness Signature: _______________________________ Date: ____________________________
Person Name:____________________________________________________________________
Person Address:___________________________________________________________________
Home Phone: ______________________________ Cell: __________________________________
Identification Type: _________________________
Animal Detail: _____________________________
Type Breed: _______________________________
Mixed Colour____________________________ Colour _____________________ Gender______
DOG CONTROL AND POUND OPERATION BYLAW NO. 832, 2019 SCHEDULE "C" | Animal Adoption Application
THE COPORATION OF THE VILLAGE OF ASHCROFT
DOG CONTROL AND POUND OPERATION BYLAW NO. 832, 2019
SCHEDULE "C"
______________________________________________________________________________
ANIMAL ADOPTION APPLICATION
Name:__________________________________ Address:_______________________________
Home Phone: ______________________________ Cell: __________________________________
Email: _________________________
Other adults in the home: Y / N Children in the home Y / N Children's ages ____________
Will the dog come into contact with young children? Y / N Please provide details: (grandkids,
visitors, daycare etc.) _____________________________________________________________
_______________________________________________________________________________
Other pets in the home: Y / N How many: ___________ Age of pets __________________
Type: ____________________________ Breed_____________________ Gender______________
Why would you like to adopt this dog? ________________________________________________
________________________________________________________________________________
Do you have adequate space for the dog to roam / play outside (ie fenced yard)? Y / N
Where will you keep the dog during the day? __________________________________________
Where will you keep the dog during the night? _________________________________________
Behaviours you are willing to work on (please circle all that apply)? Chewing, Wandering, Howling,
Barking, Digging, House Training, Fearfulness, Separation anxiety, Obedience,
Other (please list) : ________________________________________________________________
I am not willing to work on any problems: Y / N I need more information to decide: Y / N
I would like my dog to:
Be friendly with children: Y / N Be friendly with other dogs: Y / N Be friendly with cats: Y / N
Be friendly with me: Y / N Be calm: Y / N Be playful: Y / N Be quiet: Y / N Be independent: Y / N
DOG CONTROL AND POUND OPERATION BYLAW NO. 832, 2019 SCHEDULE "C" | Animal Adoption Application
FALSIFIED INFORMATION WILL LEAD TO AUTOMATIC REJECTION OF THE APPLICATION. THE VILLAGE OF
ASHCROFT RESERVES THE RIGHT TO REFUSE ANY APPLICANT.
I understand that it is my responsibility to see and evaluate the dog for myself before agreeing to
adoption. The adoption of a lifelong animal friend should not be impulsive, but rather a carefully
thought out decision, which will ensure a loving, lasting relationship.
Print Name: _____________________________________
Signature: ______________________________________ Date: ____________________________
Have you previously rescued a dog? Y / N
Please describe the experience:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Describe the type of dog you are looking to adopt:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Are you willing to have the Animal Control Officer do a home visit by appointment? Y / N
Under what circumstances would you return the dog? _____________________________________
__________________________________________________________________________________
REFERENCES:
Do you have a Veterinarian? Y / N Veterinary Clinic: ______________________________________
Does the Village of Ashcroft have your permission to contact the above listed Veterinary Clinic? Y / N
Personal Reference:
Name: _____________________________ Address: ______________________________________
Phone: ______________________________ Relationship to you: ____________________________