Wildlife Feeding and Attractant Regulation Bylaw No. 1828, 2023
Coldstream, British Columbia
· No. 1828
· adopted 2023-06-12
· summary & facts
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DISTRICT OF COLDSTREAM
BYLAW NO. 1828, 2023
A BYLAW TO PROHIBIT THE FEEDING OF WILDLIFE AND REGULATE WILDLIFE ATTRACTANTS
WHEREAS Council, in accordance with the Community Charter, seeks to protect and enhance the well-
being of its community in relation to nuisances;
AND WHEREAS Council, deems it advisable to enact a bylaw to discourage and prevent wildlife from
accessing food sources generated or controlled by human activity to minimize human-wildlife
interactions, to the greatest extent possible, and help wildlife populations thrive in the wild;
NOW THEREFORE the Council of the District of Coldstream ENACTS AS FOLLOWS:
TITLE
1
This Bylaw may be cited as the "DISTRICT OF COLDSTREAM WILDLIFE FEEDING AND ATTRACTANT
REGULATION BYLAW NO. 1828, 2023".
INTERPRETATION
2
Unless otherwise provided in this Bylaw, words and phrases used herein have the same
meanings as in the Community Charter, Local Government Act and the Interpretation Act as the
context and circumstances may require.
3
A reference to an Act in this Bylaw refers to a statute of British Columbia, and a reference to any
statute, regulation, bylaw or other enactment refers to that enactment as it may be amended or
replaced from time to time.
4
Words in the singular include the plural, and words in the plural include the singular.
5
Headings are for convenience only and must not be construed as defining or limiting the scope
or intent of the provisions.
SEVERABILITY
6
If any part of this Bylaw is held to be invalid by a court of competent jurisdiction the invalid part
is severed, and the remainder of the Bylaw continues to be valid.
DEFINITIONS
7
In this Bylaw,
Attractant means food or food waste; a carcass or part of a carcass of an animal or fish or other
meat; compost other than grass clippings, leaves, or branches; or any other waste or refuse that
could attract or is likely to attract wildlife and without limitation includes grease, oil antifreeze,
paint, and petroleum products;
WILDLIFE FEEDING AND ATTRACTANT REGULATIONS
BYLAW NO. 1828, 2023
Page 2
Big Game has the same meaning as defined in the Wildlife Act;
Dangerous Wildlife has the same meaning as defined in the Wildlife Act;
Farm Operation has the same meaning as defined in the Farm Practices Protection (Right to
Farm) Act;
Normal Farm Practice has the same meaning as defined in the Farm Practices Protection (Right
to Farm) Act;
Refuse means any discarded or abandoned food, substance, recycling, material or object,
whether from domestic, commercial, industrial, or other use;
Special Event means a temporary, outdoor gathering; a sporting event; a wedding; or a
convention, parade, public display, festival or similar gathering;
Wildlife means an animal of the class of Aves (birds) and its eggs, mammals and, without
limitation, big game, both native and non-native to the Province, excluding any domesticated
animal under the control of a human and dangerous wildlife.
TREATMENT OF REFUSE
8
Except as permitted in this bylaw, a person must not cause or allow any refuse that is or is likely
to be an attractant to be stored, deposited, or placed on any parcel or highway within the
District of Coldstream in such a manner that it is accessible to wildlife.
9
Without limiting any other provision of this bylaw, any person responsible for a site that is used
for a Special Event, filming, a catered event, or a construction site must ensure that any
attractant is disposed of in such a manner so as not to attract wildlife.
10
Every owner or occupier of real property must ensure that any refuse container be:
(1)
set out for collection only on the designated day of collection between 5:00 am and
7:00 pm; and
(2)
be removed from the collection location by 7:00 pm on the designated day of collection.
PROHIBITIONS
11
(1)
Except as permitted in the Bylaw, no person shall:
(a)
feed or attempt to feed any wildlife or;
(b)
provide, leave or place an attractant in, on or about any land or premises where
there are or where there are likely to be people, with the intent of attracting
any wildlife or;
WILDLIFE FEEDING AND ATTRACTANT REGULATIONS
BYLAW NO. 1828, 2023
Page 3
(c)
provide, leave or place an attractant in, on or about any land or premises where
there are or where there are likely to be people, in a manner in which the
attractant could attract wildlife to the land or premises.
(2)
Every owner or occupier of real property must ensure that:
(a)
any fruit or nuts from a tree, bush or shrub is maintained and stored in such a
manner so as not to attract wildlife;
(b)
any birdfeeder containing bird feed, suet or nectar is suspended on a cable or
other device in such a manner that it is inaccessible to wildlife; and the area
below any feeding devices or activity is kept free of accumulations of seeds and
similar attractants;
(c)
any composting activity is carried out and any composting device or equipment
is maintained in such a manner that it is inaccessible to wildlife;
(d)
barbeque equipment and tools that remain outside must be clean and free of
residual food or grease;
(e)
any refrigerator, freezer, storage container or similar appliance, device or
apparatus that contains attractant of any type, if placed or located outdoors, is
located and equipped in such a manner that it is inaccessible to wildlife; and
(f)
any grease, antifreeze, paint or petroleum product is stored in such a manner
that it is inaccessible to wildlife.
(3)
For certainty, the prohibitions listed in section 11 of this bylaw do not apply in relation
to:
(a)
Farm operations and normal farm practices;
(b)
any plant material or vegetation growing on property, including natural
vegetation, personal gardens, ornamental plants or flowers and products grown
for an agricultural purpose, but excluding fruit and agricultural products which
have fallen or been harvested from their plants;
(c)
bird feeders provided they comply with Section 11(2)(b) of this bylaw.
ENTRY AND INSPECTION
12
As authorized by the Community Charter [authority to enter on or into property], any employee
of the District appointed by Council to administer and enforce this bylaw is hereby authorized to
enter at all reasonable times upon any property to inspect and ascertain whether the
regulations, prohibitions or requirements of this Bylaw are being met or have been complied
with.
13
A person must not obstruct or interfere with an employee who has entered onto a property.
WILDLIFE FEEDING AND ATTRACTANT REGULATIONS
BYLAW NO. 1828, 2023
Page 4
OFFENCES AND PENALTIES
14
(1)
Every person who
(a)
contravenes this Bylaw,
(b)
permits, suffers or allows any act or thing to be done in contravention of this
Bylaw, or
(c)
fails or neglects to do anything required to be done under this Bylaw or of any
permit or direction issued under this Bylaw,
commits an offence, and each day any contravention continues shall constitute a
separate offence.
(2)
A person found to have contravened this Bylaw is liable to pay any of the following:
(a)
a penalty imposed under the District of Coldstream Bylaw Notice Enforcement
Bylaw;
(b)
a penalty imposed under the District of Coldstream Municipal Ticket Information
Utilization Bylaw;
(d)
a penalty of up to $10,000, and any further amounts that may be ordered by the
court if proceedings are brought under the Offence Act.
CONSEQUENTIAL AMENDMENTS
15
"District of Coldstream Municipal Ticket Information Utilization Bylaw No. 1598, 2012" is
hereby amended as follows:
(1)
AMEND Schedule 1 by adding to Designated Bylaws: "Coldstream Wildlife Feeding and
Attractant Regulation Bylaw No. 1828, 2023" and corresponding Designated Bylaw
Enforcement Officers: "Chief Administrative Officer, Corporate Officer, Bylaw
Enforcement Officer, Member of the Royal Canadian Mounted Police, Agent under
contact to the District of Coldstream".
(2)
ADD Schedule 13 as shown in Schedule A of this bylaw.
16
"District of Coldstream Bylaw Notice Enforcement Bylaw No. 1636, 2013" is hereby amended
as follows:
(1)
ADD to Schedule A - Designated Bylaw Contraventions and Penalties, "Appendix 12 -
Wildlife Feeding and Attractant Regulation Bylaw No. 1828, 2023.
(3)
ADD to Schedule A "Appendix 12 to Schedule 'A' Wildlife Feeding and Attractant
Regulation Bylaw No. 1828, 2023" as shown in Schedule A of this bylaw.
WILDLIFE FEEDING AND ATTRACTANT REGULATIONS
BYLAW NO. 1828, 2023
Page 5
READ A FIRST TIME this
23rd day of
May
2023
READ A SECOND TIME this
23rd day of
May
2023
READ A THIRD TIME this
23rd day of
May
2023
ADOPTED this
12th day of
June
2023
Corporate Officer
Mayor
WILDLIFE FEEDING AND ATTRACTANT REGULATIONS
BYLAW NO. 1828, 2023
Page 6
SCHEDULE A
Bylaw No. 1828, 2023
District of Coldstream Municipal Ticket Information
Utilization Bylaw No. 1598, 2012
Schedule 13
COLDSTREAM WILDLIFE FEEDING AND ATTRACTANT
REGULATIONS BYLAW NO. 1828, 2023
SECTION
FINE
1.
Refuse accessible.
8
$750.00
2.
Failure or improper disposal of refuse at a site used for a Special
Event, filming, a catered event, or a construction site.
9
$750.00
3.
Container set out for collection outside designated times.
10(1)
$750.00
4.
Failure to remove container by designated time.
10(2)
$750.00
5.
Feed or attempt to feed wildlife.
11(1)(a)
$750.00
6.
Provide, leave or place an attractant on land or premises with
intent of attracting wildlife.
11(1)(b)
$750.00
7.
Provide, leave or place an attractant on land or premises in a
manner which could attract wildlife.
11(1)(c)
$750.00
8.
Fruit/nuts attracting wildlife.
11(2)(a)
$750.00
9.
Birdfeed or Birdfeeder accessible.
11(2)(b)
$750.00
10.
Compost accessible.
11(2)(c)
$750.00
11.
Improperly maintained barbeque equipment/tools.
11(2)(d)
$750.00
12.
Outdoor food container accessible.
11(2)(e)
$750.00
13.
Grease, antifreeze, paint, or petroleum product accessible.
11(2)(f)
$750.00
14.
Refuse entry to authorized employees for the purposes of
inspection.
12
$750.00
15.
Obstruction/interference with an authorized employee who has
entered onto a property.
13
$750.00
WILDLIFE FEEDING AND ATTRACTANT REGULATIONS
BYLAW NO. 1828, 2023
Page 7
Appendix 12 to Schedule 'A'
Bylaw 1636, 2013
Wildlife Feeding and Attractant Regulations Bylaw No. 1828, 2023
Section
Offence
A1
Penalty
A2
Early
Payment
Penalty
A3
Late
Payment
Penalty
A4
Compliance
Agreement
Available
8
Refuse accessible.
$200
$100
$300
Yes
9
Failure or improper disposal of refuse at a
site used for a Special Event, filming, a
catered event, or a construction site.
$300
$150
$450
No
10(1)
Container set out for collection outside
designated times.
$150
$75
$300
No
10(2)
Failure to remove container by designated
time.
$150
$75
$300
No
11(1)(a)
Feed or attempt to feed wildlife.
$450
$300
$500
No
11(1)(b)
Provide, leave or place an attractant on land
or premises with intent of attracting
wildlife.
$450
$300
$500
No
11(1)(c)
Provide, leave or place an attractant on land
or premises in a manner which could attract
wildlife.
$450
$300
$500
No
11(2)(a)
Fruit/nuts attracting wildlife.
$150
$75
$300
No
11(2)(b)
Birdfeed or Birdfeeder accessible.
$150
$75
$300
No
11(2)(c)
Compost accessible.
$150
$75
$300
Yes
11(2)(d)
Improperly maintained barbeque
equipment/tools.
$150
$75
$300
No
11(2)(e)
Outdoor food container accessible.
$150
$75
$300
No
11(2)(f)
Grease, antifreeze, paint, or petroleum
product accessible.
$150
$75
$300
No
12
Refuse entry to authorized employees for
the purposes of inspection.
$300
$150
$450
No
13
Obstruction/interference with an
authorized employee who has entered onto
a property.
$400
$300
$500
No