Animal Control Bylaw

Delta, British Columbia

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Office of the City Clerk Delta City Hall 4500 Clarence Taylor Crescent T 604-952-3481 | F 604-946-3390 [email protected] |delta.ca/city-hall/bylaws CONSOLIDATED BYLAW Incorporating amendments pursuant to: "Delta Animal Control and Licence Bylaw No. 6893, 2010" Print date: December 17, 2024 THIS CONSOLIDATION HAS BEEN UPDATED TO INCLUDE ALL AMENDMENTS TO THE ORIGINAL PARENT BYLAW. IT IS NOT THE OFFICIAL VERSION OF THE BYLAW AND IS FOR REFERENCE PURPOSES ONLY. THIS IS NOT A LEGAL DOCUMENT. Bylaw No. 6893 CITY OF DELTA BYLAW NO. 6893,2010 Consolidated Bylaw Tracking Bylaw No. Date Bylaw Name Comments 6893, 2010 2010-11-08 Delta Animal Control Bylaw No. 6893, 2010 Repealed Bylaw 5979, 2001 7150, 2012 2012-12-17 Delta Animal Control Bylaw No. 6893, 2010 Amendment Bylaw No. 7150, 2012 (i) 7983, 2020 2020-11-23 Delta Animal Control Bylaw No. 6893, 2012 Amendment (Releasing of Pigeons) Bylaw No. 7983, 2020 (ii) 7988, 2021 2021-05-31 Delta Animal Control Bylaw No. 6893, 2012 Amendment (Backyard Chickens - P20-09) Bylaw No. 7988, 2021 (iii) 8386, 2024 2024-12-16 Delta Consolidated Fees and Charges Bylaw No. 8386, 2024 (iv) City Clerk Bylaw No. 6893 THE CORPORATION OF DELTA BYLAW NO. 6893 A Bylaw to regulate the licencing of dogs and the control of animals within Delta. ________________________________________________________________ The Municipal Council of The Corporation of Delta, in open meeting assembled, ENACTS AS FOLLOWS: PART I - GENERAL 1. This Bylaw may be cited as "Delta Animal Control Bylaw No. 6893, 2010". 2. In this Bylaw the following terms shall have the following meanings, unless the context otherwise requires: "aggressive dog" means a dog which: (i) has been designated as an aggressive dog pursuant to section 27 and such designation has not been appealed or has been appealed and the designation has been upheld; (ii) has been designated as an aggressive dog, vicious dog or dangerous dog in another jurisdiction; or (iii) was a dangerous dog pursuant to the Delta Dog Licencing and Animal Control Bylaw No. 5979, 2001, Section 2 (b) excluding Section 2 (b)(iv); "Animal Control Officer" means any person appointed by Council to administer and enforce the provisions of this Bylaw and includes all Bylaw Inspectors, peace officers and the Animal Shelter Manager; "Animal Shelter Manager" means that person appointed by Council from time to time to be the Animal Shelter Manager and includes any person designated by him or her to act on his or her behalf during his or her absence; "at large" means any animal that is not under control by being: (i) on the property of its owner or of another person who is responsible for its care and control; Bylaw No. 6893 (ii) on a leash and controlled by a person who is competent to control it; (iii) securely confined within an enclosure; or (iv) securely tethered so that it is unable to roam; "cat" means a male or female domestic animal of the feline species; "cat breeding permit" means a cat breeding permit issued for an unspayed or unneutered cat pursuant to section 64 of this Bylaw; "Chicken coop" means a structure that is used to house hens, including but not limited to roosting areas, nesting boxes, and feeding areas; "Chicken run" means a structure that is used to contain hens, comprised of a fenced and roofed outdoor area; "choke collar" means a slip collar or chain that may constrict around the animal's neck as a result of pulling on one end of the collar or chain, and includes Pinch or Prong collars but does not include a Martingale collar; "dangerous dog" means a dangerous dog as defined in the Community Charter; "District" means The Corporation of Delta; "dog" means a male or female domestic animal of the canine species; "dog behaviour specialist" means a person with not less than 5 years of full time experience as a dog trainer; "domestic animal" means a domestic animal as defined in the Community Charter, but for the purposes of this Bylaw does not include wildlife, livestock or poultry; "enclosure" means a structure at least 1.83 metres in height having a concrete, asphalt or wooden floor, a roof and wire or steel mesh sides, and is sufficient to prevent the entry of young children or the escape of a dog or cat; "flat collar" means a collar made of nylon, leather, hemp or polyester and includes a martingale collar; "Hen" means a female egg-laying chicken. For the purposes of this bylaw, hens are considered to be a domestic animal, and are not for human consumption; "licence" means a "licence" issued for a dog or hen pursuant to section 6 and 35 of this Bylaw; "licence tag" means a tag provided by the District or other municipality, upon issuance of a licence, which is impressed or stamped with a number corresponding to the number assigned to the licence for that dog or hen; (iii) (iii) (iii) (iii) (iii) Bylaw No. 6893 "livestock" includes cows, horses, mules, swine, sheep, goats, llama, alpaca and ostriches; and any other animal that is raised or housed in an agricultural setting to produce commodities such as food, fibre, or labour; but does not include poultry or any domestic animal; "Municipality" means the geographic area governed by the District; "muzzled" means prevented from biting by means of a humane fastening or covering device of adequate strength placed over the mouth; "owner" means, in relation to an animal, the person, legally entitled to ownership of the animal, provided that where ownership is by a person under the age of 19 years, the custodial parent or legal guardian of such child will be deemed, for the purposes of this Bylaw, to be the owner; "poultry" means a turkey, goose, duck, fowl or other bird normally kept for human consumption excluding exotic or fancy birds and registered homing pigeons, which are used for hobby or show purposes or racing; "Responsible Person" means, in relation to any animal, a person who (i) is the owner of the animal; (ii) has care, custody or control of the animal; or (iii) is keeping or harbouring the animal; provided that, where the animal is under the care, custody, or control of a person under the age of 19 years or is being kept or harboured by a person, under the age of 19 years, the custodial parent or legal guardian of such child will be deemed, for the purpose of this Bylaw, to be the Responsible Person; "Rooster" means a male chicken; "severe injury" includes any injury resulting in a broken bone or, disfiguring lacerations or requiring multiple sutures or cosmetic surgery; `"spayed cat" includes any male or female cat that has been surgically altered by a veterinarian so it is unable to reproduce; and "unlicenced dog" means any dog for which all applicable licence fees for the current year have not been paid pursuant to this Bylaw or to which a valid licence tag issued pursuant to this Bylaw is not attached, but does not include a dog wearing a licence tag for the current year issued by any other municipality in British Columbia. (iii) Bylaw No. 6893 PART II - LICENCING OF DOGS 3. No person shall keep, harbour or own a dog that is more than 6 months old that is unlicenced. 4. Every dog owner shall by January 1 of each year, or as soon thereafter as they acquire a dog, or as soon thereafter as any dog they own becomes 6 months old: (a) register the dog with the District; and (b) obtain a licence for the dog. 5. The Animal Shelter Manager may, from time to time: (a) prescribe, amend and replace the form of application required to obtain a licence; and (b) establish, amend and replace the type of licence and licence tag to be used. 6. An Animal Control Officer shall, upon receipt of an application, in the form prescribed by the Animal Shelter Manager, and the applicable licence fee prescribed in Schedule 2 - Animal Control of the Consolidated Fees and Charges Bylaw No. 8386, 2024, but subject to sections 8, 9 and 10, issue a licence to the dog's owner. There shall be issued with each licence a licence tag impressed or stamped with a number corresponding to the number assigned to the licence issued for that dog for the year in which the licence is valid and with figures denoting the year in which the licence is valid. A record shall be kept of all licences issued with a general description of the dog in respect of which such licence was issued. 7. Every licence issued under this Bylaw shall be for the calendar year specified thereon and shall expire on December 31 of that year. 8. Before an Animal Control Officer may issue a licence or licence tag for a spayed female dog or a neutered male dog, the owner shall furnish proof that the dog has been spayed or neutered. If an Animal Control Officer is unsure whether a dog has been spayed or neutered, he or she may require the owner to provide proof in the form of a certificate from a Veterinarian. (iv) Bylaw No. 6893 9. Every owner of an aggressive dog or dangerous dog must, before applying for a licence for such dog, furnish proof to an Animal Control Officer that the owner: (a) is at least 19 years of age; and (b) carries property insurance for the premises where the owner keeps the aggressive dog or dangerous dog that includes personal legal liability insurance of at least One Million Dollars ($1,000,000.00). The insurance must not exclude claims arising out of dog bites or dog attacks. 10. No licence for an aggressive dog or dangerous dog may be issued to a person who is less than 19 years of age. 11. Every dog owner must cause every dog they own that is required to be licenced, to wear a collar with the licence tag issued for that dog attached thereto. 12. Every dog owner must cause every dog they own that is not required to be licenced to wear a collar whenever the dog is outside and to ensure the dog bears sufficient identification to allow any person finding the dog at large to identify and contact the owner. For clarity, but without limiting the identification options open to an owner, dog identification may take the form of a collar and phone number tag worn by the dog, or a tattoo or microchip traceable to the owner of the dog. 13. If the owner of a dog in respect of which a valid licence has been issued under this Bylaw sells or otherwise ceases to be the owner of the dog, the owner shall, within seven (7) calendar days of ceasing to be the dog's owner, notify the District of the name and address of the new owner. In the event of the death of a licenced dog, the owner of the dog shall notify the District of such death within thirty (30) calendar days. 14. If the ownership of a dog in respect of which a valid licence has been issued under this Bylaw changes, the licence may be transferred to the new owner upon application to the District and upon payment of the applicable fee specified in Bylaw No. 6893 Schedule 2 - Animal Control of the Consolidated Fees and Charges Bylaw No. 8386, 2024. 15. Any person holding a valid licence for any dog, other than an aggressive dog or dangerous dog issued under a Bylaw of any municipality or other licencing authority shall not, upon bringing the dog into the Municipality, be liable to pay any licence fee under this Bylaw in respect of the same dog for the unexpired portion of the calendar year in which such dog was first brought into the Municipality. In the case of an aggressive dog or dangerous dog, the owner shall be liable for an aggressive dog or dangerous dog licence fee shown in Schedule 2 - Animal Control of the Consolidated Fees and Charges Bylaw No. 8386, 2024, as pro-rated over the remainder of the calendar year in which such dog was first brought into the Municipality. This provision shall not apply to any person who has obtained a dog licence in another municipality while residing within the Municipality. 16. A lost or damaged licence tag issued by the District may be replaced upon application by the owner and upon payment of the applicable fee specified in Schedule 2 - Animal Control of the Consolidated Fees and Charges Bylaw No. 8386, 2024. 17. No licence fee or fee for a lost or damaged licence tag shall be payable for a dog that is: (a) trained for and used in assisting law enforcement agencies in the carrying out of their duties, as evidenced by a certificate or letter from a law enforcement agency; or (b) a guide animal as defined in the Guide Animal Act, or that is being trained for use as a guide animal under that Act. 18. Nothing in section 17 shall exempt the owner of a dog that is exempt from licence fees under that section from complying with any other applicable provision of this Bylaw. (iv) (iv) (iv) Bylaw No. 6893 19. An Animal Control Officer may refuse to issue or the Animal Shelter Manager may cancel a licence if the Animal Control Officer or the Animal Shelter Manager, as the case may be, reasonably believes that the applicant for or holder of the licence has: (a) been convicted of an offence involving cruelty to an animal; (b) been convicted of or has been deemed to be convicted of two or more offences under sections 11, 12, 23, or 26; or (c) failed to comply with any of the requirements of sections 31, 32, 33, 34, 35, 36, 37 or 38. Upon cancellation of a licence, the licence tag issued for that dog may be confiscated by an Animal Control Officer. 20. Without limiting section 19, an Animal Control Officer may refuse to issue a licence if the Animal Control Officer reasonably believes that: (a) the applicant for the licence has not or does not comply with any of the requirements of sections 8, 9 or 10; (b) any previous or existing contraventions of this Bylaw relating to the dog have not been adequately resolved or remedied; or (c) the applicant for the licence has not fully paid all fines and fees imposed on him or her pursuant to this Bylaw. 21. An owner whose application for a licence was refused or whose licence was cancelled pursuant to sections 19 or 20 may request that Council reconsider the refusal or cancellation by notifying the Corporate Officer for the District within fourteen (14) days of the date the licence was refused or cancelled, as the case may be. Such a request must be in writing and must include the reasons why the owner believes the decision should be reconsidered. Upon receipt of such a request: (a) the Animal Control Officer or the Animal Shelter Manager, as the case may be, must, if he or she has not already done so, give written reasons for the refusal or cancellation; Bylaw No. 6893 (b) the Corporate Officer for the District shall arrange a date for the request to be heard by Council. If a complete request is not provided to the Corporate Officer within 14 days or the owner fails or neglects to appear at any hearing that the Corporate Officer may arrange and provide notice of, the Animal Shelter Manager's decision is deemed to be final and may not be reconsidered; and (c) Council must reconsider the refusal or cancellation and following such reconsideration Council may uphold or overturn the decision of the Animal Control Officer or the Animal Shelter Manager and may cancel or modify any restrictions, requirements or conditions imposed by an Animal Control Officer and impose any new or additional restrictions, requirements or conditions as it deems necessary or appropriate in the circumstances. PART III - CONTROL OF ANIMALS 22. Other than an Animal Control Officer, no person shall remove from any animal either its collar, licence tag or other identification whenever the animal is outside. 23. Every Responsible Person shall ensure that any animal they are responsible for, other than a spayed cat, does not run at large or trespass in or upon any private lands or premises. 24. Without limiting section 23 every owner of any livestock, poultry or rabbits shall ensure that their livestock, poultry or rabbits do not run, stray or trespass on a highway or any public place, or graze on unfenced land, unless the livestock, poultry or rabbits securely tethered or otherwise constrained and accompanied by a Responsible Person. 24(a) A person must not allow a pigeon for which they are responsible (i) to be released from a location outside of the property owned or leased by that person; or (ii) Bylaw No. 6893 (ii) to perch, roost, nest, or stray on land or buildings outside of the property owned or leased by that person, or to stray or feed on any public highway or public place. 25. Every Responsible Person shall, at all times when their dog is off the premises of the Responsible Person, immediately remove or cause to be removed any feces deposited by the dog, and dispose of the feces in a sanitary manner. 26. No Responsible Person shall cause or permit an animal to be left unattended while tethered or tied on premises to which the public has access, whether the access is expressed or implied. PART IV - AGGRESSIVE OR DANGEROUS DOGS 27. If an Animal Control Officer, based on his or her own knowledge or observations or a written complaint, has reason to believe that a dog: (a) has, without provocation, aggressively pursued, attacked or bitten another animal or a person; or (b) has been trained for or is owned, possessed or harboured, primarily or in part, for the purpose of fighting; the Animal Control Officer may, without limiting the powers available to him or her pursuant to any applicable legislation, designate the dog to be an aggressive dog or a dangerous dog. Upon making such a designation pursuant to this section, the Animal Control Officer must deliver to the dog's owner a letter advising that the dog has been designated as an aggressive or dangerous dog and informing the owner of the right to request reconsideration of that decision in accordance with section 28. The letter shall be sufficiently delivered if mailed to the address on the most recent licence for that dog or the address where the dog is known or believed to reside or left with an adult person at the address on the most recent licence for that dog or the address where the dog is known or believed to reside. Bylaw No. 6893 28. The owner of any dog that has been designated as an aggressive dog or a dangerous dog, may within fourteen (14) calendar days of delivery of the letter notifying of the aggressive dog or dangerous dog designation, request that the Animal Shelter Manager reconsider the decision. The request for reconsideration must be accompanied by written reasons why the owner of the dog believes the dog is not an aggressive dog or a dangerous dog and a written assessment of the dog, prepared by a dog behavior specialist within the last six months. The Animal Shelter Manager, after providing the owner and any complainant with an opportunity to make representations regarding the dog, may confirm or reverse the decision designating the dog as an aggressive dog or dangerous dog and may cancel or modify any restrictions, requirements or conditions imposed by an Animal Control Officer and impose any new or additional restrictions, requirements or conditions as he or she deems necessary or appropriate in the circumstances. 29. The owner of any dog that has been designated as an aggressive dog or a dangerous dog, may request that Council reconsider an Animal Shelter Manager's decision regarding that aggressive dog or dangerous dog designation by notifying the Corporate Officer for the District within fourteen (14) days of the date of the Animal Shelter Manager's decision. Such a request must be in writing and must include the reasons why the owner believes the decision should be reconsidered. Upon receipt of a completed request the Corporate Officer for the District shall arrange a date for the request to be heard by Council. If a complete request is not provided to the Corporate Officer within 14 days or the owner fails or neglects to appear at any hearing that the Corporate Officer may arrange and provide notice of, the Animal Shelter Manager's decision is deemed to be final and may not be reconsidered. After hearing from the owner or their representative, and any other person that Council believes could provide relevant information, Council may uphold, modify or reverse the decision of the Animal Shelter Manager and may cancel or modify any restrictions, requirements or conditions imposed by the Animal Shelter Manager and impose any new or additional restrictions, requirements or conditions as it deems necessary or appropriate in the circumstances. Bylaw No. 6893 30. If a dog is designated as an aggressive dog or dangerous dog, the owner of that dog must, within fourteen (14) calendar days of the dog being designated or confirmed as an aggressive dog or a dangerous dog: (a) pay the licence fee applicable to an aggressive dog or dangerous dog and furnish proof to the District that the owner carries liability insurance that meets the standards set out in section 9(b). The fee for the aggressive dog or dangerous dog licence shall be the difference between the licence fee already paid for the dog in that calendar year and the annual licence fee applicable to an aggressive dog or dangerous dog, pro-rated over the remainder of the calendar year; and (b) have a licensed veterinarian implant an electronic identification microchip in the dog and provide microchip number to the Animal Shelter Manager. The cost of this implant shall be at the expense of the owner or other Responsible Person. 31. Every owner of an aggressive dog or dangerous dog shall keep the dog: (a) effectively muzzled; (b) on a leash no longer than 1.2 meters in length; and (c) under the control of a person who is nineteen (19) years of age or older and is competent to control the dog, whenever the dog is on a highway or other public place. 32. Every owner of an aggressive dog or dangerous dog shall, when the dog is not: (a) effectively muzzled; (b) on a leash no longer than 1.2 meters in length; and (c) under the control of a person who is nineteen (19) years of age or older and is competent to control the dog; keep the dog indoors or within a securely closed and locked enclosure. 33. Every owner of an aggressive dog or a dangerous dog who discovers or is informed that the dog is at large shall immediately notify an Animal Control Officer of those circumstances. Bylaw No. 6893 34. No Responsible Person shall cause, suffer, allow or permit, by act or omission, a dog for which they are responsible to: (a) bite, aggressively harass, or chase other animals, bicycles, automobile or vehicles; (b) chase or otherwise threaten a person, whether on the property of the Responsible Person or not, unless the person chased, or threatened is a trespasser on the property of the Responsible Person; (c) bite a person or other animal, whether on the property of the Responsible Person or not; or (d) attack a person or other animal, whether on the property of the Responsible Person or not, causing severe injury or death. This section shall not apply to a police officer while on duty. PART V - CARE OF DOMESTIC ANIMALS 35.1 Every person who keeps a domestic animal must provide it with: (a) clean potable drinking water at all times; (b) suitable food of sufficient quantity and quality to allow for normal growth and the maintenance of normal body weight; (c) food and water receptacles kept clean and disinfected and located so as to avoid contamination by excrement; (d) the opportunity for exercise sufficient to maintain good health, including the opportunity to be untethered and exercised regularly under appropriate control; and (e) veterinary medical care when the domestic animal exhibits signs of pain or suffering. 35.2 Hens may be kept, provided that the following requirements are met in addition to the requirements laid out in Section 35.1: (a) a licence is obtained from the District; (b) the lot is registered with the BC Ministry of Agriculture through the BC Premises ID Program; (iii) Bylaw No. 6893 (c) the applicant is the owner of the lot and resides on the lot on which the hens will be kept, or the applicant resides on the lot and has written consent from the owner of the lot; (d) the lot includes a chicken coop and chicken run that, notwithstanding the requirements described in Section 36, meets the following requirement: (i) meets the required setbacks identified in Delta Zoning Bylaw 7600, 2017; (ii) a minimum of 0.4 m2 of indoor space per hen. This indoor space must include at least one nesting box, and must be a minimum of 0.3 metres above grade; (iii) access to a minimum of 0.2 linear metres of both food and water per hen; (iv) a minimum of 0.15 linear metres of perch space per hen; (v) a minimum of 1.0 m2 of outdoor roofed and fenced space (including a dust bath if bare earth is not available) per hen; (vi) construction that prevents access by other animals such as rodents, birds, or other domestic animals; (vii) a chicken coop that is not used for a period of six consecutive months shall be removed from the lot; (e) the chicken coop and chicken run are secured at all times, and the hens kept inside the chicken coop from sunset to sunrise; (f) feed is stored in a fully enclosed container, and spilled or leftover feed is removed in a timely manner; (g) manure and waste not used for composting or fertilizing are disposed of daily to reduce odours and pests, with no more than 0.1 cubic metres of manure stored in a fully enclosed container on the lot at any time; (h) manure and waste not composted on site shall be double bagged and placed in the garbage for curbside collection; (i) hens may not be slaughtered or euthanized on a lot; (j) the biosecurity guidelines of the Canadian Food Inspection Agency must be followed at all times; (k) no licence shall be issued to any owner which would be in violation of any provisions of any bylaws of the City of Delta or Federal Provincial Laws. Bylaw No. 6893 35.3 Hen Licences (a) Every hen owner shall by January 1 of each year, or as soon thereafter as they acquire a hen: (i) Register the hen with the District (ii) Obtain a licence for the hen (b) The Animal Shelter Manager may, from time to time: (i) Prescribe, amend and replace the form of application required to obtain a licence; and. (ii) Establish, amend and replace the type of licence and licence tag to be used. (c) An Animal Control Officer shall, upon receipt of an application, in the form prescribed by the Animal Shelter Manager and the applicable licence fee prescribed in Schedule 2 - Animal Control of the Consolidated Fees and Charges Bylaw No. 8386, 2024, but subject to Sections 35.1, 35.2 and 35.3 issue a licence to the hen's owner. There shall be issued with each licence a licence tag impressed or stamped with a number corresponding to the number assigned to the licence issued for that hen for the year in which the licence is valid and with figures denoting the year in which the licence in valid. A record shall be kept of all licences issued with a general description of the hen in respect of which such licence was issued. (d) Every licence issued under this Bylaw shall be for the calendar year specified thereon and shall expire on December 31 of that year. (e) Every hen owner must cause every hen they own to wear a licence tag issued for that hen attached thereto. (f) If the owner of a hen in respect of which a valid licence has been issued under this Bylaw sells or otherwise ceases to be the owner of the hen, the owner shall, within seven (7) calendar days of ceasing to be the hen's owner, notify the District of the name and address of the new owner. In the event of the death of a licenced hen, the owner of the hen shall notify the District of such death within thirty (30) calendar days. (g) A lost or damaged licence tag issued by the District may be replaced upon application by the owner and upon payment of the applicable fee specified (iv) Bylaw No. 6893 in Schedule 2 - Animal Control of the Consolidated Fees and Charges Bylaw No. 8386, 2024. (h) An Animal Control Officer or the Animal Shelter Manager may refuse to issue or may cancel a licence if the Animal Control Officer or the Animal Shelter Manager, as the case may be, reasonably believes that the applicant for or the holder of the licence has: (i) been convicted of an offence involving cruelty to an animal; (ii) failed to comply with any or all of the requirements of Section 35 (iii) any previous or existing contraventions of this Bylaw relating to the hen have not been adequately resolved or remedied; or (iv) the applicant for the licence has not fully paid all fines and fees imposed on him or her pursuant to this Bylaw. Upon cancellation of a licence, the tag or tags issued for the hen or hens may be confiscated by an Animal Control Officer. 36. No person may keep or leave a domestic animal, other than a spayed cat, unattended outside for more than an hour, unless it is provided with outside shelter to ensure protection from heat, cold and wet that is appropriate to the domestic animal's weight and type of coat. Such shelter: (a) must provide sufficient space to allow the domestic animal the ability to turn around freely and to easily stand, sit and lie in a normal position; (b) must be at least 1 ½ times the length of the domestic animal and at least the domestic animal's length in width, and at least one hundred ten percent (110 %) as high as the domestic animal's height measured from the floor to the highest point of the domestic animal when standing in a normal position; (c) must provide sufficient shade to protect the domestic animal from the direct rays of the sun at all times; (d) must contain bedding that will assist with maintaining normal body temperature for the domestic animal; and (e) must be regularly cleaned and sanitized and have all excrement removed and properly disposed of daily. (iv) Bylaw No. 6893 37. No person may cause, permit or allow an animal: (a) to be hitched, tied, or fastened to a fixed object where a choke collar forms part of the securing apparatus, or where a rope or cord is tied directly around the animal's neck; (b) to be hitched, tied or fastened to a fixed or heavy object where the securing device fails to allow the animal the ability to turn around freely and to easily stand, sit and lie in a normal position. (c) cause, an animal to be tethered, tied or fastened to a fixed or heavy object for more than 4 hours within a 24 hour period while it is on the property of the person responsible for the animal; (d) to wear any choke collar except when the animal is a domestic animal and is being walked; (e) to be transported on the exterior part of any motor vehicle unless the animal is safely confined in a cage designed for travel and the cage is affixed to the vehicle; or (f) to be confined in an enclosed space, including a car, without adequate ventilation and water. (g) including, but not limited to a rabbit, to be released or abandoned in the Municipality. 38. Notwithstanding any other provision of this bylaw, no person shall: (a) cause, permit or allow an animal to suffer; or (b) train any animal to fight. PART VI - ANIMAL SHELTER OPERATION 39. Upon completion of the facility at 7505 Hopcott Road in the Municipality, the premises located at this location are hereby established as an Animal Shelter and shall be operated and maintained for the keeping of impounded animals. 40. The District may enter into an agreement with any person to operate the Animal Shelter or to act as Animal Shelter Manager for the District or both. 41. Any Animal Control Officer may issue any licence or permit under this Bylaw. (i) (i) Bylaw No. 6893 42. An Animal Control Officer may seize: (a) any animal, other than a spayed cat, at large on a highway or public place; (b) any animal, other than a spayed cat, straying or trespassing on private property; (c) any domestic animal, other than a spayed cat, on unfenced land and not securely tethered or contained (d) any unlicenced dog more than 6 months old; (e) a spayed cat that does not bear identification meeting the requirements of section 62; and (f) any dog that does not bear identification meeting the requirements of section 12, and shall forthwith impound the animal at the Animal Shelter or such other facility as the Animal Shelter Manager may have available. The Animal Control Officer shall retain the animal for a period of not less than seventy- two (72) hours, and if the animal is not reclaimed in accordance with section 48 herein within the said seventy-two (72) hours, the Animal Shelter Manager may cause such animal to be sold by auction or private sale or otherwise disposed of. 43. An Animal Control Officer acting under the direction of the Animal Shelter Manager, is authorized, at the sole cost and expense of the animal's owner, to: (a) seize and forthwith impound any animal that appears to be in imminent danger of substantial harm or death, or that appears to be suffering from an injury, disease or sickness if, in the opinion of the Animal Shelter Manager, its safety or relief from suffering cannot be reasonably dealt with in another manner; (b) open, enter or break into any locked or unlocked vehicle containing a domestic animal that is or appears to be in imminent danger of substantial harm or death, or that is or appears to be suffering for the purposes of rescuing, seizing and impounding the domestic animal; and Bylaw No. 6893 (c) deem the animal to have been surrendered to the District and sell the animal by auction or private sale or otherwise dispose of the animal if the animal is not claimed by its owner within seventy-two (72) hours . The owner of such vehicle shall not be entitled to any damages for such action. 44. If an animal is seized or destroyed under this Bylaw, an Animal Control Officer shall take reasonable steps to notify the owner of the animal. 45. If an Animal Control Officer considers that an impounded or detained animal requires: (a) a vaccination; (b) flea treatment; or (c) worm treatment; or (d) examination by a veterinarian as deemed necessary by the Animal Shelter Manager; (e) urgent veterinary care to alleviate any pain or suffering as recommended by a veterinarian, then the Animal Control Officer can cause such care to be provided at the sole cost and expense of the animal's owner. 46. If a domestic animal has been impounded under this Bylaw and it is determined by an Animal Control Officer to be a female which is in its fertile season, or "heat", the Animal Control Officer may detain such domestic animal for a period of twenty-one (21) calendar days. 47. Before the owner of an unspayed or unneutered cat can reclaim the unspayed or unneutered cat the owner must obtain a cat breeding permit in accordance with this Bylaw. As an alternative to obtaining a cat breeding permit, the owner may have the cat spayed or neutered by the District for the fee prescribed in Schedule 2 - Animal Control of the Consolidated Fees and Charges Bylaw No. 8386, 2024, prior to reclaiming the cat. (iv) Bylaw No. 6893 48. The owner of any animal seized or impounded under this Bylaw, other than an animal referred to in section 46 may reclaim the animal on application to the Animal Shelter Manager at any time prior to its sale or destruction, upon: a. providing proof of ownership of the animal; b. paying the applicable fees shown in Schedule 2 - Animal Control of the Consolidated Fees and Charges Bylaw No. 8386, 2024; c. providing proof of a valid licence, if applicable; d. in the case of an unspayed or unneutered cat, compliance with the regulations stated in section 47; and e. payment of all fines imposed on that owner or in relation to that domestic animal pursuant to this Bylaw. 49. The owner of any domestic animal detained under section 46 may reclaim the domestic animal at any time up to 4:00 p.m. on the last day of the 21 day detention period by applying to an Animal Control Officer and: a. providing proof of ownership of the domestic animal; b. paying the applicable fees prescribed in Schedule 2 - Animal Control of the Consolidated Fees and Charges Bylaw No. 8386, 2024; c. providing proof of a valid licence if applicable; d. in the case of an unspayed or unneutered cat, compliance with the regulations stated in section 47; and e. payment of all fines imposed on that owner or in relation to that domestic animal pursuant to this Bylaw. 50. If a domestic animal referred to in sections 46 and 49 is not claimed by its owner within the time specified in those sections the domestic animal shall be deemed to have been surrendered to the District and the Animal Shelter Manager may cause the domestic animal to be sold by auction or private sale or otherwise disposed of. 51. Notwithstanding anything herein, an Animal Control Officer may refuse to release any domestic animal if the Animal Control Officer reasonably believes that: a. the owner of that domestic animal has not satisfied all of the requirements of section 47, if applicable; (iv) (iv) Bylaw No. 6893 b. any previous or existing contraventions of this Bylaw relating to that domestic animal have not been adequately resolved or remedied; or c. the owner of that domestic animal has not fully paid all fines and fees imposed on him or her pursuant to this Bylaw. On request, the Animal Control Officer must provide the owner with written reasons for the detention. 52. An owner whose domestic animal was detained pursuant to section 51 may request that Council reconsider the decision to detain the domestic animal by notifying the Corporate Officer for the District within fourteen (14) days of the date of the decision. Such a request must be in writing and must include the reasons why the owner believes the decision should be reconsidered. Upon receipt of a completed request: (a) the Animal Control Officer must, if he or she has not already done so, give written reasons for the detention; (b) the Corporate Officer for the District shall arrange a date for the request to be heard by Council; and (c) Council must reconsider the detention and following such reconsideration Council may uphold or overturn the decision of the Animal Control Officer and may cancel or modify any restrictions, requirements or conditions imposed by the Animal Control Officer and impose any new or additional restrictions, requirements or conditions as it deems necessary or appropriate in the circumstances. 53. If, within fourteen (14) days after the decision to detain was made or confirmed, as the case may be, a domestic animal detained pursuant to section 51 is not claimed by its owner and the applicable requirements of section 51 are not satisfied, the domestic animal shall be deemed to have been surrendered to the District and the Animal Shelter Manager may cause the domestic animal to be sold by auction or private sale or otherwise disposed of. Bylaw No. 6893 54. The owner of any animal detained, seized or impounded under this Bylaw shall be liable for the applicable fees prescribed under this Bylaw regardless of whether the animal is claimed. 55. The owner of any live domestic animal may deliver it to the Animal Shelter for the purpose of having the domestic animal destroyed or disposed of and, upon receiving the destruction or disposal fee set out in Schedule 2 - Animal Control of the Consolidated Fees and Charges Bylaw No. 8386, 2024, the Animal Shelter Manager may destroy the domestic animal or may put it up for adoption. 56. The owner of any live domestic animal may request an Animal Control Officer to pick up a domestic animal for the purpose of having it destroyed, disposed of or both. Upon receipt of the destruction and pick up fee specified in Schedule 2 - Animal Control of the Consolidated Fees and Charges Bylaw No. 8386, 2024, the Animal Control Officer may pick up the domestic animal and may destroy and dispose of it or may put it up for adoption. 57. The owner of any dead domestic animal may request an Animal Control Officer to pick up and dispose of the dead domestic animal. Upon receipt of the destruction and pick up fee specified in Schedule 2 - Animal Control of the Consolidated Fees and Charges Bylaw No. 8386, 2024, the Animal Control Officer may pick up and dispose of the dead domestic animal. 58. If an animal has been impounded or detained under this Bylaw and is found to be suffering from any injury, disease or sickness, the Animal Shelter Manager may immediately destroy the animal if, in the Animal Shelter Manager's opinion, the suffering cannot otherwise be reasonably addressed. PART VII - CAT REGULATION, IDENTIFICATION AND CAT BREEDING PERMITS 59. No person shall keep, harbour or own a cat that is more than 6 months old unless: (a) the cat has been spayed or neutered by a veterinarian; or (iv) Bylaw No. 6893 (b) the person holds a valid cat breeding permit for the unspayed or unneutered cat as provided for in this Bylaw; or (c) the person is not normally a resident in the Municipality and while in the Municipality for any temporary period ensures that the cat is not permitted to be at large. 60. If an Animal Control Officer is unsure whether a cat has been spayed or neutered, he or she may require the owner to provide proof in the form of a certificate from a Veterinarian. 61. Every Responsible Person must ensure that any unspayed or unneutered cat for which they are responsible is not at large. 62. Every owner of a cat over the age of three months must cause that cat to bear sufficient identification to allow any person finding the cat to identify and contact the owner. For clarity, but without limiting the identification options open to an owner, cat identification may take the form of a collar and phone number tag worn by the cat, or a tattoo or microchip traceable to the owner of the cat. 63. The Animal Shelter Manager may prescribe the form of application required to obtain a cat breeding permit and may amend or replace such form from time to time. The fee for any cat breeding permit is listed in Schedule 2 - Animal Control of the Consolidated Fees and Charges Bylaw No. 8386, 2024. 64. An Animal Control Officer may, upon receipt of an application in the form prescribed by the Animal Shelter Manager, and the applicable fee for a cat breeding permit prescribed in Schedule 2 - Animal Control of the Consolidated Fees and Charges Bylaw No. 8386, 2024, issue a cat breeding permit which will be valid for a period of three years from the date of issuance. When issuing a cat breeding permit, the Animal Control Officer may impose any restrictions, requirements or conditions that he or she deems necessary for achieving the purposes of the Bylaw. Bylaw No. 6893 65. An Animal Control Officer may refuse to issue and the Animal Shelter Manager may suspend, revoke or cancel a cat breeding permit if the applicant for or holder of the cat breeding permit: (a) has been convicted of an offence involving cruelty to an animal; (b) has been convicted of or has been deemed to be convicted of two or more offences under sections 61 or 62; or (c) in the opinion of the Animal Control Officer or Animal Shelter Manager, has failed to comply with any of the requirements of sections 35, 36, 37 or 38. 66. Without limiting section 65, an Animal Control Officer may refuse to issue a cat breeding permit if the Animal Control Officer reasonably believes that: a. the applicant for the cat breeding permit has not paid all fines and fees imposed on him or her pursuant to this Bylaw; or b. any previous or existing contraventions of this Bylaw relating to that cat have not been adequately resolved or remedied. 67. On request, the Animal Control Officer or the Animal Shelter Manager as the case may be must provide the owner with written reasons for refusing to issue or for suspending, revoking or cancelling a cat breeding permit. 68. A person may request that Council reconsider a decision to refuse, suspend, revoke or cancel a cat breeding permit by notifying the Corporate Officer for the District within fourteen (14) days of the date of the decision. Such a request must be in writing and must include the reasons why the person believes the decision should be reconsidered. Upon receipt of a completed request the Corporate Officer for the District shall arrange a date for the request to be heard by Council. If a complete request is not provided to the Corporate Officer within 14 days or the person fails or neglects to appear at any hearing that the Corporate Officer may arrange and provide notice of, the decision to refuse, suspend, revoke or cancel is deemed to be final and the matter may not be reconsidered. After hearing from the person or their representative, and any other person that Council believes could provide relevant information, Council may uphold, modify or reverse the decision of the Animal Control Officer or Animal Shelter Manager and may cancel or modify any Bylaw No. 6893 restrictions, requirements or conditions imposed by an Animal Control Officer and impose any new or additional restrictions, requirements or conditions as it deems necessary or appropriate in the circumstances. PART VIII - PENALTIES AND ENFORCEMENT 69. Every Animal Control Officer is authorized in accordance with section 16 of the Community Charter to enter, at all reasonable times, onto any property within the Municipality to determine whether the provisions of this Bylaw are being complied with. 70. No person shall obstruct an Animal Control Officer engaged in the enforcement of this Bylaw. 71. Every person who is or claims to be in control of an animal shall, at the request of an Animal Control Officer, state correctly his or her name and address and the name and address of the owner of the animal. 72. Any person, other than an Animal Control Officer acting in good faith in the course of his or her duties, who causes, permits or allows anything to be done in contravention or violation of this Bylaw or who neglects or fails to do anything required to be done pursuant to this Bylaw commits an offence and shall upon summary conviction be liable to a fine of not more than Two Thousand Dollars ($2,000.00) or to imprisonment for not more than six months, or to both. If the offence is a continuing one, each day that the offence is continued shall constitute a separate offence. Nothing in this section shall restrict the District's ability to enforce this bylaw in any other manner permitted by law. 73. 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 decision that it is invalid shall not affect the validity of the remainder of the Bylaw. Bylaw No. 6893 PART IX - REPEAL 74. "Delta Dog Licencing and Animal Control Bylaw No. 5979, 2001", as amended, is hereby repealed. READ A FIRST time the 25th day of October, 2010. READ A SECOND time the 25th day of October, 2010. READ A THIRD time the 25th day of October, 2010. FINALLY CONSIDERED AND ADOPTED the 8th day of November, 2010. ___"Lois E. Jackson"______ Lois E. Jackson Mayor ___"Angila Bains"_________ Angila Bains Municipal Clerk