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CITYOF DUNCAN
BYLAWNO. 3197, 2019
A Bylaw to Establish Provisions for Animal Welfare, Control, Licensing,
Duties of Animal
Owners, Penalties, and Enforcement in the City of Duncan
CONTENTS
PART 1
-- TITLE...........................................................
...........................................................
.
..3
PART 2 - DEFINITIONS.......................................................................
....................................
..3
PART 3 - APPLICATION......................................................................
....................................
..7
3.1
Limiton Pets .........................................................................
......................................
..7
3.2
Prohibited Animals....................................................................
..................................
..7
3.3
Exemptions for Police Service Dogs ...........................................................................
..7
PART 4
-- ESTABLISHMENTOF ANANIMALSHELTER.........................................................
..8
4.1
Appointing an Animal Shelter Manager .......................................................................
..8
PART 5 - ANIMALWELFARE..............................................................................
....................
..8
5.1
Animal Cruelty .....................................................................................
.......................
..8
5.2
Basic Animal Care Requirements ...............................................................................
..8
5.3
Outside Shelter Requirements ......................................................................................9
5.4
Sanitation Requirements ............................................................................................
.
..9
5.5
Diseased Animals....................................................................................................
...
..9
5.6
Tethering Animals.......................................................................................................
..9
5.7
Transport of Animals in Motor Vehicles .....................................................................
..10
5.8
Exercising Dogs from a Motor Vehicle or Bicycle......................................................
..10
PART 6
-- ANIMALCONTROL ................................................................................................
..11
6.1
Animals on Private Property .....................................................................................
..11
6.2
Dog in Public Places .................................................................................................
..11
6.3
Animals in Public Places ...........................................................................................
..11
6.4
Animals Chasing or Harassing ..................................................................................
..12
6.5
Requirements for Keeping of Dogs in Heat ...............................................................
..12
6.6
Requirements for Keeping of Cats ............................................................................
..12
6.7
Requirements for Keeping Bees ...............................................................................
..12
6.8
Requirements for Keeping Rabbits ...........................................................................
..13
6.9
Requirements
for Keeping Hens ...............................................................................
..13
PART 7 - LICENSING.........................................................................................................
...
..14
7.1
Licensing Dogs ............................................................................................
.............
..14
7.2
Dog Licence Tags ..........................................................................................
...........
..15
7.3
Licensing an Aggressive
Dog or Dangerous
Dog......................................................
..15
BylawNo. 3197, 2019
Page 2 of 27
PART 8 - AGGRESSIVE DOG AND DANGEROUSDOG...........................................
...........
..17
8.1
Notice of Aggressive Dog Determination..................................................
................
..17
8.2
Notice of Dangerous Dog Determination.......................................................
............
..17
8.3
Duties of an Aggressive Dog Owner......................................................
...................
..17
8.4
Duties of a Dangerous Dog Owner.......................................
..
..................................
..19
8.5
Dangerous Dog Signage ...............................................................
............................
..20
8.6
Application for Relief from Aggressive Dog Designation ...........................................
..20
PART 9
-- ANIMALNUISANCES.....................................................................
.......................
..20
9.1
AnimalWaste ..............................................................................
.............................
..20
9.2
Noisy Dogs ..........................................................................
.....................................
..21
9.3
Feeding Wildlife...................................................................................
.....................
..21
9.4
Feeding Ownerless Cats or Cats Without Identification ............................................
..21
PART 10
-- SEIZING AND IMPOUNDINGANIMALS..............................................................
..22
10.1
Authorityto Seize and Impound ................................................................................
..22
10.2
Care of Impounded Animals .....................................................................................
..22
10.3
Informingthe Owner of lmpoundment .......................................................................
..23
10.4
Redeeming an Animalfrom the Animal Shelter .........................................................
..24
10.5
No Liabilityfor Injuryto Animal..................................................................................
..24
10.6
Disposition of Unredeemed Animals.........................................................................
..24
10.7
Adoption of Animals.................................................................................................
.
..25
PART 11 - PENALTIES AND ENFORCEMENT.....................................................................
..25
11.1
Enforcement ..........................................................................................................
...
..25
11.2
Provision of Information ............................................................................................
..25
11.3
Entering Property for Inspection ...........................................................................
.....
..26
11.4
Right of Refusal to Release from lmpoundment ........................................................
..26
11.5
Offences ..............................................................................................................
.....
..26
PART 12
-- GENERAL PROVISIONS .....................................................................................
..27
12.1
Severability ................................................................................................
...............
..27
12.2
Repeal .................................................................................................................
.....
..27
Bylaw No. 3197, 2019
Page 3 of 27
NOW THEREFORE the Council of the City of Duncan hereby ENACTS AS FOLLOWS:
PART 1
-- TITLE
This bylaw may be cited as the "AnimalCare and Control Bylaw No. 3197, 2019".
Aggressive Behaviour
Aggressive Dog
Animal
Animal Control Of?cer
Animal Shelter
Animal Shelter Manager
PART 2
-- DEFINITIONS
means any action by a Dog that unduly intimidates a person or
Animal and includes snarling,
growling, baring teeth,
destroying
property, or pursuing a person, a vehicle, a cyclist, or an Animal in a
threatening manner.
means a Dog that:
(a) has
without justifiable
provocation
displayed
Aggressive
Behaviour toward a person or Animal;
(b) has without justifiable provocation caused a Minor Injury to a
person or Animal;
(c) has a known propensity to engage in Aggressive
Behaviour,
(d) has aggressively pursued or harassed
a person or Animal;
(e) is trained for fighting; or
(f) any Dog within the
City which has
been
designated
by
another local government
or animal control authority as an
"Aggressive Dog", "Vicious Dog", or similar designation under
another local government's
bylaw.
means
any member of the Kingdom Animalia excluding
humans,
insects, freshwater ?sh and Wildlife.
means any person who is designated
by the City to administer and
enforce
this bylaw, Section
49 of the
Community
Charter,
and
includes:
(a) an employee of the Animal Shelter Manager,
(b) a Royal Canadian Mounted Police Of?cer;
(c) a Bylaw Enforcement Officer, or
(d) a person appointed by the City as an Animal Control Officer.
means any facility maintained or operated
as a boarding facility for
Impounded Animals in accordance with this bylaw.
means
any person appointed
by the City as the Animal Shelter
Manager or any contractor who has entered into an agreement with
the City to assume the responsibilities of the Animal Shelter Manager
pursuant to this bylaw, including the care, euthanasia,
and disposal of
the Animals, and the collection and remission of fees, and includes
any agent or subcontractor of this person.
At-Large
Backyard Hen Enclosure
Beehive
Bylaw Enforcement Officer
Cat
City
Companion Animal
Competent Person
Coop
Council
Dangerous Dog
Off-Leash Area
Bylaw No. 3197, 2019
Page 4 of 27
means:
(a) an Animal located elsewhere other than on the premises
of
the Owner of the Animal that is not under the immediate
charge and effective control of a responsible and Competent
Person;
(b) an Animal located upon a highway or other public place,
including a school ground or park, that is not secured on a
Leash and under the effective control of a responsible
and
Competent Person;
(c) a Dog off Leash in a public place, including a school ground
or park, other than an Off-Leash Area;
(d) a Dangerous Dog or Aggressive
Dog located on the premises
of the Owner but not contained
in an Enclosure,
securely
confined within a dwelling, or under the effective care of a
responsible person; or
(e) a Dangerous Dog located in a public place that is not secured
with a muzzle.
means
an area
of land on a Property
used
for keeping
Hens
consisting of a Coop and a pen, each with at least 0.92 metres
in
height but not exceeding the maximum height for accessory buildings
in accordance with the City's Zoning Bylaw, and 0.37 metres2in ?oor
area per Hen, with floor of any combination of vegetated
or bare
eanh.
means a structure that houses a colony of the species apis mellifera
and includes worker bees with a queen and drones.
means
a person appointed
by the City to the position of Bylaw
Enforcement
Officer or who otherwise,
by virtue of that person's
appointment
or position with the City, is authorized to enforce this
bylaw.
means a male or female of the species felis catus.
means the City of Duncan.
means Animal kept for companionship
to a person rather than for
utilityor profit and which is lawfully kept on residential Property.
means a person of sufficient height and weight to ensure an Animal
under their control will be obedient to their commands or can be
physically restrained ifrequired.
means a covered enclosed structure to shelter Hens.
means the Council of the City of Duncan.
has the same meaning as in the Community Charter.
means
any area designated
by resolution of Council as a place
where a Dog need not necessarily
be on a Leash but must still be
under the care and control of a Competent
Person such that it will
obey verbal or hand commands to come when directed to do so.
Director
Distress
Dog
Enclosure
Guide Animal
Hen
Identi?cation
Impound or Impounded
Leash
Off-Leash Area
Bylaw No. 3197.2019
Page 5 of 27
means the person appointed by Council as the Director of Corporate
Services or their designates.
includes, but is not limitedto, an Animal which:
(a) is deprived of adequate food, water, shelter, ventilation, light,
space, exercise, care, or veterinary treatment;
(b) is kept in unsanitary conditions;
(c) is subjected to excessive heat or cold;
(cl) appears to be injured, sick, in pain, or suffering;
(e) appears to be abused or neglected; or
(f) is exhibiting any of the following signs of heat distress:
i)
excessively panting or drooling;
ii) dark purple or grey tongue;
iii) frantic behavior, including pawing at or trying to stick its
nose out of the window of the vehicle containing the
Animal;
iv) loss of bowel control; or
v)
lethargic and unresponsive behaviour.
means any Animal of the Canine species irrespective of age or sex,
but not including a Wolf-Dog.
means a structure forming a pen suitable to confine the Animal being,
or intended to be, confined within the structure, and which meets any
dimensions required of a speci?c enclosure under this bylaw.
means an Animal with valid certi?cate under the Guide Animal Act.
means a domesticated female chicken that is at least four (4) months
old that is kept on a Property occupied by a resident.
means:
(a) a collar or tag worn by an Animal which includes the name,
current address, and telephone number of the Owner,
(b) a tattoo or microchip traceable through the BC Pet Registry
operated by the British Columbia Society for the Prevention of
Cruelty to Animals; or
(c) a valid licence tag issued by a local government
in British
Columbia.
means seize, deliver, receive, or take into the custody of the Animal
Control Officer or Animal Shelter Manager.
means a rope, line, cord, leather strip, or chain that does not exceed
a length of 1.83 metres attached to the collar or harness of a Dog,
that is of sufficient strength to restrain the activity of a Dog without
breaking.
means
any area designated
by resolution of Council as a place
where a Dog need not necessarily
be on a Leash but must still be
under the care and control of a Competent
Person
such that it will
obey verbal or hand commands to come when directed to do so.
Minorlnjury
Muzzle
Neuter or Neutered
Owner
Police Service Dog
Property
Spay or Spayed
Unlicensed Dog
Wildlife
Wolf-Dog
Bylaw No. 3197, 2019
Page 6 of 27
means
an injuryto a person or Animal that consists of pinches, minor
localized bruising, scratches, shallow punctures,
or lacerations.
means, in reference to a Dog, a humane basket style fastening or
covering device that is strong
enough
and well-?tted enough
to
prevent the Dog from biting, without interfering with the breathing,
panting or vision of the Dog or with the Dog's ability to drink.
means the sterilization of a male Animal by removing the testicles or
by any
method of pharmaceutical
sterilization approved
by the
Canadian Veterinary MedicalAssociation.
means any person:
(a) to whom a licence for a Dog has been issued pursuant to this
bylaw;
(b) who owns, is in possession
of, or has the care or control of
any Animal, where the Owner is a minor, includes both the
minor and the person who is the legal guardian of the minor;
or
(c) who harbours,
shelters,
permits, or allows any Animal to
remain on or about the Owners Property.
means any Dog owned by the Royal Canadian Mounted Police while
on duty, including while engaged
in training exercises
and under the
supervision of a member of the Royal Canadian Mounted Police or
member of a municipal police force.
means real property as defined in the Community Charter.
means the sterilization of a female Animal by removal of the ovaries
or by any method of pharmaceutical
sterilization 'approvedby the
Canadian Veterinary Medical Association.
means any Dog over the age of 4 months for which a licence for the
current year has not been paid in accordance with this bylaw, or to
which the corresponding
licence tag issued under this bylaw or a
similar bylaw of any other local government is not af?xed.
has the same meaning as in the WildlifeAct.
means a canid hybrid resulting from the hybridization of a domestic
Dog (Canis lupus familaris) to one or more other Canis species
including but not limitedto: the gray (Canis lupus), the eastern (Canis
lupus Iycaon), red (Canis rufus) or Ethiopian (Canis simensis) wolves.
3.1
3.2
3.3
Bylaw No. 3197, 2019
Page 7 of 27
PART 3 - APPLICATION
Limit on Pets
3.1.1
No person
may keep,
or allow to be kept on any Property,
more than 6
Companion Animals, including not more than 3 Dogs over the age of 8 weeks
and not more than 5 Cats over the age of 12 weeks, excluding Guide Animals.
3.1.2
No person may keep, or allow to be kept on any Property
(a) more than 6 rabbits;
(b) more than 4 guinea pigs;
(c) any poultry or roosters,
other than up to 6 Hens if each Hen is kept in
accordance with this Bylaw;
(d) any mammal with hooves; or
(e) any mink or chinchilla.
3.1.3
Despite section 3.1.2 (c), a person may keep on a Property up to 90 racing
pigeons for the purpose of pigeon racing, ifthat person is a member of a pigeon
racing club and each pigeon is banded with a valid racing club registration leg
band.
Prohibited Animals
3.2.1
No person
may breed;
possess;
ship; release;
exhibit for entertainment;
or
display in public; either on a temporary basis or permanent
basis, any non-native
wild Animal specified in the Controlled Alien Species
Regulation to the Wildlife
Act, or Wolf-Dog.
3.2.2
Section 3.2.1 does not apply to:
(a) the premises of a Cityfacility used for keeping Impounded Animals;
(b) the premises of a veterinarian, licensed by the College of Veterinarians of BC,
providing temporary care for a prohibited Animal; or
(c) premises that keep prohibited Animals for which a valid permit is in place
pursuant to the WildlifeAct.
Exemptions
for Police Service Dogs
3.3.1
This bylaw does not apply to Police Service Dogs.
4.1
5.1
5.2
Bylaw No. 3197, 2019
Page 8 of 27
PART 4
- ESTABLISHMENTOF AN ANIMALSHELTER
Appointing
an Animal Shelter Manager
4.1.1
4.1.2
4.1.3
Council may establish
one or more Animal Shelters
for the
keeping
and
impounding of Dogs and other Animals, and the Animal Shelter Manager may
make all rules and regulations not inconsistent with this bylaw pertaining to the
administration of the Animal Shelter.
Council may enter into an agreement
with any person or persons
to act as an
Animal Shelter Manager for the establishment,
maintenance,
operation,
and
regulation of an Animal Shelter and the enforcement of any of the provisions of
this bylaw.
Every Animal Shelter Manager must keep the Animal Shelter clean and in good
repair and
must
supply the Animals impounded
therein
with suf?cient
and
wholesome food and water, and with reasonable
shelter, segregation,
and care
as circumstances may warrant.
PART 5
-- ANIMALWELFARE
Animal Cruelty
5.1.1
Notwithstanding any other provision of this bylaw, no person may:
(a) abandon any Animal;
(b) in any way use poison, air pellet guns, bows and arrows, ?rearms, sling shots,
and the like on any Animal;
(c) tease, torment, beat, kick, punch, choke or provoke any Animal;
(d) cause, permit, or allow any Animalto suffer; or
(e) train or allow any Animal to fight.
Basic Animal Care Requirements
5.2.1
The Owner of an Animal must ensure that an Animal is provided with:
(a) suf?cient clean and potable drinking water;
(b) suitable food of suf?cient quantity and quality to allow for normal growth and
the maintenance of normal body weight;
(c) clean and disinfected food and water receptacles
that are located so as to
avoid contamination by excreta;
(d) the opportunity for regular exercise suf?cient to maintain good health; and
(e) necessary
veterinary care when the Animal exhibits signs
of pain, injury,
illness, or suffering.
Bylaw No. 3197, 2019
Page 9 of 27
5.3
Outside Shelter Requirements
5.3.1
No Owner may keep any Animal outside unless the Animal is provided with
outside shelter that:
(a) ensures protection from heat, cold, and wet that is appropriate to the Animals
weight and type of coat;
(b) provides sufficient space to allow the Animal the ability to turn about freely
and to easily stand, sit, and lie in a normal position;
(c) is at least two times the length of the Animal in all directions, and at least as
high as the Animals height measured from the floor to the highest point of the
Animal when standing in a normal position. plus 10%;
(d) provides sufficient shade to protect the Animal from the direct rays of the sun
at all times;
(e) contains bedding that will assist with maintaining normal body temperature;
and
(f) is regularly cleaned and sanitized, and from which all excreta is removed and
properly disposed of at least once per day.
5.4
Sanitation
Requirements
5.4.1
No Owner may keep any Animal in an Enclosure,
shelter, pen, cage, or run
unless
the Enclosure,
shelter,
pen, cage,
or run is regularly cleaned
and
sanitized and all excreta is removed and properly disposed of at least once per
day.
5.5
Diseased Animals
5.5.1
Every Owner of a diseased Animal must, where the disease poses a threat to the
health or safety of a person or Animal, ensure that the diseased Animal does not
leave the premises
of the Owner other than for the purpose
of a visit to a
veterinarian, in which case the Animal must be transported
in a manner so as to
ensure that it does not come into contact with another person or Animal.
5.6
Tethering
Animals
5.6.1
No person may cause, allow, or permit an Animal to be tethered, hitched, tied, or
fastened to a ?xed object where:
(a) a choke, prong, or shock collarforms part of the securing apparatus;
(b) a rope, cord, or chain is tied directly around the Animals neck; or
(c) the collar is not properly fitted, or attached in a manner that could injure the
Animal, or enable the Animal to injure itself by pulling on the tether;
Bylaw No. 3197, 2019
Page 10 of 27
5.6.2
No person may cause, allow, or permit an Animal to be tethered, hitched, tied, or
fastened to a ?xed object on a person's Property.
(a) in such a way that the Animal is able to leave the boundaries of the Owners
Property;
(b) except
with a leash of sufficient length to enable the full and unrestricted
movement of the Animal; or
(c) for longer than 2 hours withina 24-hour period.
5.6.3
No person may cause, allow, or permit an Animal to be tethered, hitched, tied, or
fastened to a vehicle.
5.6.4
No person may cause, allow, or permit an Animal to be tethered, hitched, tied, or
fastened
to
a
fixed
object
unattended
at
any
time
on
public
Property.
5.7
Transport
of Animals in Motor Vehicles
5.7.1
No person may transport any Animal in a motor vehicle outside the passenger
compartment
or in an uncovered passenger
compartment
unless the Animal is
adequately confined in a pen or cage, which is securely fastened to the vehicle,
or secured in a body harness or other manner of fastening adequate
to prevent
the Animal from jumping or falling off the vehicle or othenlvise injuring itself.
5.7.2
No person may keep an Animal confined in an enclosed space, including a motor
vehicle, without adequate
ventilation by means
of open windows or operating
mechanical device that supplies fresh or cooled air to prevent the Animal from
suffering Distress, discomfort or heat related injury.
5.7.3
An Animal transported in an enclosed space or vehicle, if stationary, must be in
an area providing adequate ventilation by means of open windows or operating
mechanical
device that supplies fresh or cooled air and sufficient shade
to
protect the Animal from direct rays of sun at all times such that:
(a) the ambient temperature
in the enclosed space or vehicle does not exceed 23
degrees
Celsius; and
(b) the Animal does not exhibit signs of Distress.
5.8
Exercising
Dogs from a Motor Vehicle or Bicycle
5.8.1
No person may exercise a Dog by allowing itto run next to a moving:
(a) motor vehicle; or
(b) bicycle, unless:
i.
the Dog is attached
to the bicycle by an apparatus
that allows the
person to retain two-handed control of the bicycle at all times; or
ii. in an Off-Leash Area where bicycles are permitted and the Dog is not
tethered,
hitched, tied, or fastened to the bicycle, but remains under
the control of a Competent Person.
6.1
6.2
6.3
Bylaw No. 3197, 2019
Page 11 of 27
PART 6
-- ANIMALCONTROL
Animals on Private Property
6.1.1
6.1.2
No person
may permit an Animal to be on private Property
except
with the
consent of the person who owns or occupies the Property.
Section 6.1.1 does not apply to bees or racing pigeons kept in accordance with
this bylaw.
Dog in Public Places
6.2.1
6.2.2
6.2.3
6.2.4
6.2.5
No person may permit a Dog to be in a public place unless the Dog is firmlyheld
on a Leash or otherwise securely contained.
No person may have care or control of a Dog in a public place unless that person
is a Competent Person.
Despite Section 6.2.1, the Owner of a Dog may allow the Dog to be in an Off-
Leash Area without being ?rmly on a Leash if the Dog is under the effective
control of a Competent Person.
For the purposes
of Section 6.2.3, a Dog is under the effective control of a
Competent Person if they can see the Dog, and when the person calls the Dog,
the Dog returns to the person within3 calls.
No person
may permit a Dog to obstruct other users
of City pathways
or
sidewalks.
Animals in Public Places
6.3.1
6.3.2
6.3.3
6.3.4
6.3.5
The Owner of a snake or other reptile must not allow the snake or other reptile to
be in a public place unless the snake or other reptile is securely con?ned in a
cage or other container.
The Owner of an Animal, other than a Dog, reptile, or Cat, must not allow the
Animal to be in a public place unless the Animal is under the direct control of a
Competent Person.
The Owner of an Animal must not allow the Animal to damage
or destroy any
building, structure, tree, shrub, plant, or turf in a public place.
The Owner of an Animal must compensate
the City for the Cit;/s actual incurred
costs and expenses
in respect of any and all damage done by that Animal to City
Property.
A person who finds and takes possession
of a Companion Animal At-Large in the
City must immediately provide the Animal Shelter Manager with a description and
photo of the Animal, where possible, and provide his or her name, address,
and
telephone number for contact purposes.
6.4
6.5
6.6
6.7
Bylaw No. 3197, 2019
Page 12 of 27
Animals Chasing or Harassing
6.4.1
The Owner of an Animalmust ensure the Animal does not chase, harass, molest,
attack, injure, or killa person or Animal.
Requirements
for Keeping of Dogs in Heat
6.5.1
Every Owner of a female Dog in heat must ensure that it is kept within a closed
building or Enclosure untilshe is no longer in heat.
6.5.2
The Owner of a female Dog in heat may allow the Dog to leave the building or
Enclosure to urinate or defecate
on the Owners
premises
if a Competent
Person:
(a) firmlyholds the Dog on a Leash; and
(b) immediately returns the Dog to the building or Enclosure upon completion of
the urination or defecation.
Requirements
for Keeping of Cats
6.6.1
Every Owner of a Cat must affix, and keep affixed, sufficient Identi?cation on the
Cat such that a person finding the Cat At-Large in the City can identify and
contact the Owner.
6.6.2
Every Owner of a Cat over the age of 6 months must, upon request
by the
Animal Control Of?cer,
provide evidence
to the
Animal
Control Of?cers
satisfaction, that such Cat has Identi?cation in accordance with Section 6.6.1.
6.6.3
Every Owner of a Cat that is permitted to go outside must have the Cat spayed
or neutered.
Requirements
for Keeping Bees
6.7.1
A person who keeps bees must:
(a) not keep more than two beehives on any Property;
(b) be a resident of the Property where the bees are kept;
(c) provide adequate water for the bees on the Property where the bees are kept;
and
(d) ensure
that
immediate
action is taken
to end
swarming
or aggressive
behaviour of the bees.
6.7.2
A person who keeps bees must ensure that each beehive:
(a) is maintained
in a condition that will reasonably
prevent
swarming
or
aggressive
behaviour, and
(b) is situated no less than 3 metres away from each Property line.
6.8
6.9
Bylaw No. 3197, 2019
Page 13 of 27
Requirements
for Keeping Rabbits
6.8.1
No Owner may keep rabbits in an outside Enclosure, pen, cage, or run, unless
the Enclosure, pen, cage, or run is:
(a) 6-sided, with a top and a bottom, securely enclosed to prevent escape and to
ensure the safety of the rabbits from predators; and
(b) is situated no less than 3 metres away from each Property line.
Requirements
for Keeping Hens
6.9.1
6.9.2
6.9.3
6.9.4
6.9.5
No person may keep more than 6 Hens on a Property.
No person may keep Hens on Property unless the Hens are kept as a lawful
accessory use of the Property in accordance with the Cit)/s Zoning Bylaw, and
the person keeping the Hens:
(a) is the registered owner of the Property on which the Hens are kept; or
(b) has the permission of the registered owner of the Property to keep the Hens.
The Owner must not keep any Hen:
(a) within a residential dwelling unit, or on a balcony or deck; or
(b) in a cage, unless for the purpose of transport of the Hen.
The Owner must not:
(a) sell any eggs, manure, or meat or other products derived from Hens from the
Property;
(b) slaughter or euthanize a Hen on the Property;
(c) dispose of a Hen except by delivering it to the Animal Shelter Manager, farm,
abattoir, veterinarian, or other facility with the ability to lawfully dispose of the
carcass.
The Owner must ensure that each Hen remains at all times in a Backyard Hen
Enclosure that:
(a) complies with the siting requirements
for Backyard
Hen Enclosures
as
regulated by the City's Zoning Bylaw;
(b) ensures each Hen maintains good health by providing opportunity to perform
essential behaviours, such as scratching, dustbathing, and roosting;
(c) provides consistent access to a nesting box and its own perch that is at least
15 centimetres long;
(d) is kept in good repair and sanitary condition, and free from Wildlife, including
rodents, and obnoxious smells and substances;
and
(e) is constructed
so that it is secure from other Animals and prevents
Wildlife,
including rodents, from harbouring underneath or within it or within its walls.
7.1
Bylaw No. 3197, 2019
Page 14 of 27
6.9.6
The Owner must ensure:
6.9.7
(a) the backyard surrounding the Backyard Hen Enclosure is fully fenced;
(b) that Hens are kept withina locked Coop from sunset to sunrise; and
(c) all Hen food is secured
indoors in airtight containers
that
cannot
be
penetrated
by Wildlife,including rodents.
The Owner must clear the manure, debris and leftover food from the Backyard
Hen Enclosure in a timely manner, and must:
(a) store manure within a fully enclosed
structure
in a manner that does not
generate
excessive heat or odour;
(b) not store more than three cubic metres of manure at a time;
(c) remove excess manure from the Property immediately; and
(d) not deposit manure in any City garbage,
recycling, or organics
systems,
or
the City sewage or storm water system.
PART 7
-- LICENSING
Licensing
Dogs
7.1.1
7.1.2
7.1.3
7.1.4
7.1.5
7.1.6
7.1.7
No person may keep any Dog over the age of 4 months unless the City has
issued to that person a valid and subsisting licence issued in respect of that Dog
under this bylaw.
Every Owner of a Dog making application for a licence under this bylaw must pay
the fee prescribed in the City's Fees and Charges
Bylaw and apply to the City in
such form as the Citymay from time to time prescribe.
Despite Section 7.1.2, an application for a Dog licence may be made to the
Animal Shelter Manager
where a Dog has
been
Impounded
and
must be
licensed before being released by the Animal Shelter Manager.
Every Owner of a Dog who is a resident of the City for less than 30 days and who
has not taken up permanent residency must, at the expiry of 30 days residency
withinthe City, cause the Dog to be licensed under this bylaw.
Upon receipt of the prescribed fee, the City or Animal Shelter Manager may issue
a receipt that is deemed to be the licence and the corresponding
licence tag for
the Dog.
Fees
paid for Dog licences are non-refundable,
and
no licence fee may be
reduced for any unused portion for the licensing year.
A reduced licence fee, as prescribed by the Fees and Charges
Bylaw, applies for
a Dog that is neutered or spayed, if the application for a licence is accompanied
by a declaration signed by the Owner that the Dog has been neutered or spayed.
7.2
Bylaw No. 3197, 2019
Page 15 of 27
7.1.8
A Dog that is a Guide Animal is exempt from licensing fees as prescribed
by the
Fees and Charges Bylaw.
7.1.9
A licence must not be issued to, or in the name of, any person under the age of
18 years.
7.1.10 Where a Dog has been duly licensed in another municipality or regional district,
the Dog may be licensed by the City upon registration
and payment
of the
replacement licence fee prescribed in the City's Fees and Charges Bylaw.
7.1.11 Where a Dog attains the age of 4 months during a calendar year, the licence fee
payable
for the Dog in that year will be that of a replacement
licence as
prescribed in the City's Fees and Charges Bylaw.
7.1.12 Where the Owner of the Dog in respect of which a Dog licence has been issued
under this bylaw sells or otherwise ceases
to be the Owner of the Dog, the
licence is automatically cancelled upon the expiring of 7 days from the change in
ownership.
7.1.13 The Owner of any licensed Dog must, within 30 days of the Owners change of
address, notify the City of the change of address.
Dog Licence Tags
7.2.1
Every licence and corresponding licence tag issued under this bylaw:
(a) Expires on the 315'day of December of the year in which it is issued; and
(b) is valid only in respect of the Dog for which it is issued.
7.2.2
Every Owner must ensure that a valid licence tag is af?xed and displayed on a
collar, harness or other suitable device which is worn at all times by the Dog for
which the licence is issued.
7.2.3
Where a licence or licence tag is lost or destroyed,
the Owner must promptly
make
application
to the City or Animal Shelter Manager
and
pay the fee
prescribed in the Fees and Charges
Bylaw for a replacement
licence or licence
tag.
7.2.4
No person other than the licenced Owner of the Dog may remove a licence tag
issued pursuant to this bylaw from the subject Dog.
7.3
Licensing an Aggressive
Dog or Dangerous
Dog
7.3.1
An Owner must apply for an Aggressive
Dog or Dangerous
Dog licence, as the
case may be, within 14 days of receiving a notice under Section 8.1.1 or Section
8.2.1.
7.3.2
No person may own or keep an Aggressive Dog unless that Dog is licensed to
that person as an Aggressive Dog, and that person keeps the Aggressive Dog in
compliance with this bylaw.
7.3.3
7.3.4
7.3.5
7.3.6
7.3.7
Bylaw No. 3197, 2019
Page 16 of 27
No person may own or keep a Dangerous Dog unless that Dog is licensed to that
person as a Dangerous
Dog, and that person keeps the Dangerous
Dog in
compliance with this bylaw.
An Owner may only obtain a licence for an Aggressive Dog or Dangerous Dog if:
(a) The Aggressive
Dog or Dangerous Dog has permanent
Identi?cation, in the
form of a traceable tattoo or a microchip that contains the current contact
information of the Owner, and the identi?cation information is included in the
licensing application;
(b) The Owner has provided written con?rmation from a licensed veterinarian that
the Aggressive Dog or Dangerous Dog has been neutered or spayed; and
(c) The Owner has paid the applicable fees outlined in the City's Fees and
Charges Bylaw.
In addition, the Owner of an Aggressive Dog or Dangerous Dog must supply the
following documentation to the City each calendar year by no later than the 315'
day of December:
(a) proof that a policy of liability insurance is in force for the following calendar
year, and that the policy provides third party liability coverage
in a form
satisfactory to the City, in the minimum amount of $1,000,000,
for any injuries
which may be caused by the Aggressive Dog or Dangerous Dog; and
(b) payment of the licence fee as outlined in the City'sFees and Charges Bylaw.
Ifthe licensed Owner of an Aggressive Dog does not comply with Sections 8.3 of
this bylaw, the City may cancel the Aggressive Dog's licence immediately and the
Aggressive Dog may be seized or_otherwise be dealt with as an Unlicensed Dog.
Ifthe licensed Owner of a Dangerous Dog does not comply with Sections 8.4 to
Section 8.5 of this bylaw, the Dangerous Dog's licence is subject to immediate
cancellation and the Dangerous Dog may be seized or othenivise dealt with as an
Unlicensed Dog.
8.1
8.2
8.3
Bylaw No. 3197, 2019
Page 17 of 27
PART 8
-- AGGRESSIVE DOG AND DANGEROUS DOG
Notice of Aggressive
Dog Determination
8.1.1
Where an Animal Control Officer determines that a Dog meets the definition of an
Aggressive
Dog, the Animal Control Officer will issue a written notice to the
Owner of that
Dog advising of that determination and
the
basis
for the
determination, and advising the Owner of the requirements
of this bylaw with
respect to Aggressive Dogs.
8.1.2
The notice set out in Section 8.1.1 may be served on the Owner".
(a) by handing the notice to the Owner, or
(b) by sending a copy to the last known address
of the licensed
Owner by
registered mail, in which case the notice is deemed to have been received by
the Owner 72 hours after the notice was mailed.
Notice of Dangerous
Dog Determination
8.2.1
Where an Animal Control Officer determines that a Dog meets the definition of a
Dangerous
Dog, the Animal Control Officer will issue a written notice to the
Owner of that
Dog advising
of that determination
and
the
basis
for the
determination, advising the Owner of the requirements of this bylaw with respect
to Dangerous Dogs.
8.2.2
The notice set out in Section 8.2.1 may be served on the Owner:
(a) by handing the notice to the Owner; or
(b) by sending
a copy to the last known address
of the licensed
Owner by
registered
mail, in which case the notice is deemed to have been received by
the Owner 72 hours after the notice was mailed.
Duties of an Aggressive
Dog Owner
8.3.1
The Owner of an Aggressive Dog must ensure that the Aggressive Dog is not on
any street
or in any public place, or in any other place that is not owned or
controlled by that person, unless the Aggressive Dog is secured
by a collar or
harness and a Leash ?rmly under the care and control of a Competent Person.
8.3.2
The Owner of an Aggressive
Dog must keep the Aggressive
Dog securely
con?ned either indoors or, ifoutdoors, in an Enclosurethat:
(a) is located in a rear yard;
(b) is of sufficient height, strength, and stability to contain the Aggressive
Dog
and form a con?ned area with no side in common with a perimeter fence;
(c) has a secure top attached to all sides, and has a single entrance that is self-
closin ;
-
(d) is Ioclged
at all times when not opened
by a Competent
Person
to prevent
casual entry by another person; and
(e) has been inspected and approved by an Animal Control Officer.
8.3.3
8.3.4
8.3.5
8.3.6
8.3.7
Bylaw No. 3197, 2019
Page 18 of 27
An Owner of an Aggressive Dog must not allow the Aggressive Dog to be:
(a) on_any school grounds,
which means any portion of the Property without
buildings of a school as defined in the School Act and Independent
School
Act; or
(b) within 30 metres of any playground apparatus.
The Owner of an Aggressive Dog must:
(a) allow an Animal Control Of?cer to photograph
the Aggressive
Dog on
demand;
(b) within one week of moving the Aggressive Dog to a new place of residence,
provide the Animal Shelter Manager with the new address;
(c) within one week of selling or giving away the Aggressive
Dog, provide the
Animal Shelter Manager with the name, address,
and telephone
number of
the new Owner,
(d) within one week of the death of the Aggressive
Dog, provide the Animal
Control Of?cer with a veterinarian's certificate of death;
(e) advise an Animal Control Of?cer immediately if the Aggressive
Dog is At-
Large; and
(f) advise an Animal Control Of?cer immediately ifthe Aggressive Dog has bitten
or attacked any person or Animal.
In addition to the requirements of Section 8.3.1 to Section 8.3.3, if the Animal
Control Officer considers that an Aggressive Dog can be retrained and socialized,
or that the bite or injuryfrom any attack by the Aggressive Dog was the result of
improper or negligent training, handling, or maintenance,
the Animal Control
Officer or Animal Shelter Manager may impose, as a condition of licensing, any
conditions and restrictions in respect of the training, socialization, handling, and
maintenance
of the Aggressive
Dog the Animal Control Of?cer or Shelter
Manager deems appropriate.
Ifthe Owner provides satisfactory proof that the Owner and the Aggressive Dog
have
successfully
completed
the
Canadian
Kennel
Club's
Canine
Good
Neighbour Program,
the licence fee payable for the Dog will be reduced
as
outlined in the Citys Fees and Charges Bylaw.
Where the Owner of an Aggressive Dog requests
that the Aggressive Dog be
destroyed,
an Animal Control Of?cer or Animal Shelter Manager may arrange to
have the Aggressive
Dog humanely destroyed
at the expense
of the Owner. In
such cases, the Owner must sign a form for the release of the Aggressive Dog to
the City for the purposes of humane destruction and pay a deposit to the City
sufficient to pay the expenses
associated with the humane destruction.
8.4
8.4.1
8.4.2
8.4.3
8.4.4
8.4.5
Bylaw No. 3197, 2019
Page 19 of 27
Duties of a Dangerous
Dog Owner
The Owner of a Dangerous Dog must ensure that the Dangerous
Dog is not on
any street or in any public place, or in any other place that is not owned or
controlled by that person, unless the Dangerous
Dog is secured
by a collar or
harness, Muzzle, and a Leash firmlyunder the care and control of a Competent
Person.
The Owner of a Dangerous Dog must keep the Dangerous Dog securely confined
either indoors or, ifoutdoors, in an Enclosure that:
(a) is located in a rear yard;
(b) is of suf?cient height and strength and stability to contain the Dangerous Dog
and form a con?ned area with no side in common with a perimeter fence;
(c) has a secure top attached to all sides, and has a single entrance that is self-
closing;
(d) is locked at all times when not opened by a Competent
Person to prevent
casual entry by another person; and
(e) has been inspected and approved by an Animal Control Officer.
An Owner of a Dangerous Dog must not allowthe Dangerous Dog to be:
(a) on any school grounds;
(b) within 30 metres of any playground apparatus;
(c) in an Off-Leash Area; or
(d) in Charles Hoey Park, Centennial Park, McAdam Park, or Rotary Park.
The Owner of a Dangerous Dog must:
(a) allow an Animal Control Officer to photograph
the
Dangerous
Dog on
demand;
(b) within one week of moving the Dangerous Dog to a new place of residence,
provide the Animal Shelter Manager with the new address;
(c) not sell or give away the Dangerous Dog without prior approval of the Animal
Control Officer;
(d) within one week of the death of the Dangerous
Dog, provide the Animal
Control Officer with a veterinarian's certificate of death;
(e) advise an Animal Control Officer immediately if the Dangerous
Dog is At-
Large; and
(f) advise an Animal Control Officer immediately ifthe Dangerous Dog has bitten
or attacked any person or Companion Animal.
Where the Owner of a Dangerous
Dog requests
that the Dangerous
Dog be
destroyed,
an Animal Control Officer or Animal Shelter Manager may arrange to
have the Dangerous
Dog humanely destroyed.
In such cases,
the Owner must
sign a form for the release of the Dangerous
Dog to the City for the purposes of
humane destruction and pay a deposit to the City sufficient to pay the expenses
associated with the humane destruction.
Bylaw No. 3197, 2019
Page 20 of 27
8.4.6
A Dangerous Dog may also be dealt with by the City or Animal Control Officer in
accordance with Section 49 of the Community Charter, and nothing in this bylaw
may be interpreted as:
(a) limiting the discretion of the Court in making any
order
concerning
a
Dangerous Dog; or
(b) limiting the conditions the City or an Animal Control Officer may seek, or
limiting the conditions which may be appropriate in respect
of a Dangerous
Dog.
8.5
Dangerous
Dog Signage
8.5.1
Every Owner of a Dangerous Dog must prominently display at each entrance to
the Property and building in or upon which the Dog is kept, a sign with a warning
in writing and a symbol, in the form prescribed by the City, which must be posted
so that it cannot be removed and willbe visible and capable of being read from
the sidewalk, street, or lane abutting the entrances to the Property or building.
8.6
Application
for Relief from Aggressive
Dog Designation
8.6.1
An Owner, following a period of at least 2 years from the date stated on the
written notice under Section 8.1.1, may apply to the Director for relief from the
Aggressive Dog designation, provided that:
(a) no further complaints regarding that Aggressive Dog's behaviour during the 2-
year period have been received by the City, Animal Control Officer or Animal
Shelter Manager: and
(b) the Owner provides satisfactory proof that the Owner and the Aggressive Dog
have
successfully
completed
the Canadian
Kennel
C|ub's
Canine
Good
Neighbour Program.
8.6.2
Ifthe Animal Shelter Manager or an Animal Control Of?cer determines that a Dog
whose Aggressive Dog designation has been removed under section 8.6.1 of this
bylaw subsequently
displays Aggressive Behaviour again after relief has been
granted pursuant to Section 8.6.1, the Animal Shelter Manager or Animal Control
Of?cer may re-designate the Dog as an Aggressive Dog, and that designation will
apply for the remainder of the lifeof the Dog.
PART 9
-- ANIMALNUISANCES
9.1
Animal Waste
9.1.1
Every Owner of an Animal must ensure that their Animal does not defecate on
any
public or private
Property
unless
the
Owner
immediately
removes
the
excrement and lawfully disposes of it.
Bylaw No. 3197, 2019
Page 21 of 27
9.1.2
No person who has removed Animalexcrement in accordance with section 9.1.1
may deposit
same
into any
public garbage
receptacle
except
where
the
excrement
is securely contained in an impermeable container so as not to ooze,
leak, or fall out in the public litter receptacle.
9.2
Noisy Dogs
9.2.1
9.3
9.3.1
9.4
9.4.1
9.4.2
No person may cause, allow or permit a Dog to bark, howl, yelp, cry, or make
other noises:
(a) continuously for 10 minutes or more without significant periods of rest;
(b) sporadically for a cumulative total of 15 or more minutes within 1 hour;
(c) in a manner that unduly disturbs the peace, quiet, rest, comfort, or tranquility
of the surrounding neighbourhood or vicinity, or of persons in the
neighbourhood or vicinity;or
(d) othenivise in such a manner as to cause a nuisance.
Feeding Wildlife
A person must not feed or leave food out for the purposes
of feeding Wildlife,
including but not limited to:
(a) Cervidae (deer);
(b) Procyon Iotor (racoons);
(c) Sciurus (squirrels); or
(d) feral Sylvilagus ?oridanus
or Oiyctolagus cuniculus (rabbits).
Feeding Ownerless
Cats or Cats Without Identi?cation
A person must not feed or leave food out for the purposes of feeding
ownerless Cats or Cats without identification.
Despite Section 9.4.1, any person may feed up to 5 ownerless Cats subject to the
following:
(a) the person must be registered with a City approved organization with a Trap
Neuter Release program;
(b) the person must maintain a plan to care, feed, and spay or neuter, tattoo, and
vaccinate of each ownerless Cat,
(c) the plan must be in writing and registered with a City approved organization
with a Trap Neuter Release program, the Animal Shelter Manager, and the
local office of the British Columbia Society for the Prevention of Cruelty to
Animals;
(cl) outdoor feeding stations can only be placed on the person's
private Property
for up to 45 minutes maximum, once per day;
(e) outdoor shelter must be provided for any ownerless Cat: and
(f) the total number of Cats, whether kept as a Companion Animal, or ownerless
without identification, must not exceed 5 Cats per Property.
Bylaw No. 3197, 2019
Page 22 of 27
PART 10 - SEIZINGAND IMPOUNDINGAN|MALS
10.1
Authority to Seize and Impound
10.1.1 The Animal Control Officer may immediately Impound:
(a) an At-Large Dog in contravention of this bylaw;
(b) a Dog that is in a public place in contravention of this bylaw;
(c) any Unlicensed Dog;
(d) an At-Large Cat without Identi?cationin contravention of this bylaw;
(e) any Animalthat is straying or trespassing
on private Property;
(f) any Animalthat exhibits signs of pain, injury, illness, or suffering; or
(g) any Dangerous
Dog not muzzled in compliance
with the
requirements
accordance withthis bylaw;
(h) any Dangerous
Dog or Aggressive Dog not confined in compliance with the
requirements of this bylaw; or
(i) any Animal that is on unfenced land and not securely tethered or contained.
10.1.2 The Animal Shelter Manager may Impound any Animal brought to the Animal
Shelter by any other person.
10.1.3 The Animal Control Officer or Animal Shelter Manager may, where they have
reason to believe that an Unlicensed Dog has taken refuge on private Property.
(a) request the owner or occupant of such Property to provide proof that the Dog
is the subject of a current and valid licence and is wearing the associated
licence tag, or to surrender the Unlicensed Dog to the Animal Control Of?cer
or Animal Shelter Manager,
(b) enter
and
search
any private Property,
including a private
dwelling, in
accordance with Section 16 of the Community Charter.
10.1.4 The Animal Control Officer is authorized to employ such assistance
as is deemed
necessary
or advisable to seize and Impound any Unlicensed Dog in pursuance
of this bylaw, and the expense of such employment will be added to the fees
chargeable
by the Animal Control Officer or Animal Shelter Manager as outlined
in the City'sFees and Charges Bylaw.
10.2
Care of Impounded
Animals
10.2.1 While the Animal is Impounded, the Animal Shelter Manager will:
(a) provide such veterinary care for an injured or illImpounded Animal as may be
necessary to sustain its lifeand relieve distress; and
(b) be entitled to recover from the Owner, the cost of veterinary care provided
while the
Animal was
Impounded,
the
cost
of transport
to the
nearest
available veterinary practitioner, in addition to any other fees and charges due
to the City as set out in section 10.4.
Bylaw No. 3197, 2019
Page 23 of 27
10.2.2 Ifan Animal Shelter Manager considers that an Impounded Animal requires:
(a) a vaccination;
(b) flea treatment;
(c) worm treatment;
(d) examination by a veterinarian; or
(e) urgent veterinary care to alleviate any pain or suffering as recommended
by a
veterinarian;
then the Animal Shelter Manager may cause such care to be provided by a
veterinarian, at the sole cost and expense of the Animals Owner.
10.2.3 The Animal Shelter Manager may arrange for any Impounded
Animal to be
euthanized by a veterinarian licensed to practice in British Columbia, if such a
veterinarian
recommends
that the Animal be euthanized
for humane
reasons,
including ifthe Animal is seriously illor injured, or any other circumstance where
the Animals suffering cannot otherwise be reasonably
addressed.
The cost of
this procedure will be treated and recoverable as the cost of veterinary care as
set out in section 10.2.1 of this bylaw.
10.3
Informing the Owner of lmpoundment
10.3.1 Where an Animal is Impounded pursuant
to this bylaw, within 24 hours the
Animal Shelter Manager must make reasonable effort to:
(a) contact the Owner of an Impounded Animal if it is wearing Identi?cation by
calling the telephone number in the Identification;
(b) contact the Owner of an Impounded Dog if a Dog wearing a licence tag by
calling the most recent telephone number inthe licence information;
(o) determine the Owner of the Animal, other than a Dog wearing a licence tag,
by posting a notice on the Animal Shelters
social media site, including a
photograph and description of the Animal and the contact information for the
Animal Shelter.
10.3.2 Ifthe Animal Shelter Manager has identified the Owner of an Impounded Animal,
but is unable to reach the Owner by telephone, a notice of lmpoundment may be
delivered by mail and will be sent to the last known address
of the Owner, in
which case the notice will be deemed to have been received by the Owner 72
hours after deposit thereof in any post box withinthe City.
10.3.3 Notices of lmpoundment willinclude the following information:
(a) date and time of the lmpoundment;
(b) description of the Animal;
(c) how application may be made for release of the Animal;
(d) costs of seizure, expenses
to the date of the notice and any continuing costs
and expenses; and
(e) that the Animal will become the Property of the City and may be sold or
destroyed
after the expiration of 72 hours from the date and time the notice is
given to the Owner, unless sooner redeemed.
Bylaw No. 3197, 2019
Page 24 of 27
10.4
Redeeming
an Animal from the Animal Shelter
10.4.1 The Owner of an Impounded Animal or the Owners
agent
may redeem the
Impounded Animal from the AnimalShelter by:
(a) proving ownership of the Animal to the satisfaction
of the Animal Shelter
Manager and, in the case of an agent,
also satisfying the Animal Shelter
Manager of the agent's authority to redeem the Animal;
(b) paying to the Animal Shelter Manager:
i.
any applicable licence fees as outlined in the City's Fees and Charges
Bylaw;
ii. the applicable impoundment fees as outlined in the City's Fees and
Charges Bylaw;
iii. the applicable maintenance fees prescribed
in the City's Fees and
Charges Bylaw;
iv. the Citys actual incurred costs and expenses
in respect of any and all
damage
done by the Animal to City property
in accordance
with
Section 6.3.4; and
v.
any veterinary costs
incurred in respect
of the Animal during the
impoundment period.
10.4.2 The Animal Shelter Manager has the right to refuse to release the Impounded
Animalto the Owner or the Owners agent in accordance with section 11.4.
10.4.3 The
Owner
of an
Impounded
Animal is
liable to
pay
the
seizure
and
impoundment
fee
and
boarding
and
maintenance
fees,
including costs
of
veterinary treatment and the cost of transport to the nearest available veterinary
practitioner, regardless
of whether or not the Owner redeems the Animal.
10.5
No Liability for Injury to Animal
10.5.1 No provision of this bylaw shall be construed
as making the Animal Control
O?icer, Animal Shelter Manager, City, or their agents,
liable to any person for
injury to, sickness or death of an Animal, whether or not incurred while the Animal
is in the custody
of the City, Animal Shelter, Animal Shelter Manager or the
Animal Control Officer.
10.6
Disposition
of Unredeemed Animals
10.6.1 An Animal becomes the property of the City ifit is not redeemed within:
(a) seven days after it is Impounded; or
(b) in the
case
of a licensed
Dog, within 72 hours
of the
Owner receiving
noti?cation of the impoundment pursuant
to Section 10.3.1 or 10.3.2 of this
bylaw.
10.7
11.1
11.2
Bylaw No. 3197, 2019
Page 25 of 27
10.6.2 Ifan Animal becomes the property of the City, the Animal Shelter Manager may:
(a) sell the Animal;
(b) cause the Animal to be surrendered to the British Columbia Society for the
Prevention of Cruelty to Animals or any other organization or person for the
purpose of adoption;
(c) deal with the Animal in accordance
with the requirements
of applicable
federal or provincial legislation; or
(d) engage
a veterinarian licensed in British Columbia to have the Animal be
humanely destroyed.
10.6.3 Where any Animal is adopted pursuant to Section 10.6.2, all property and interest
any previous Owner had in that Animalwillpass to the purchaser, and all rights of
property in the Animalthat existed before the sale willbe extinguished.
10.6.4 Where an impounded Animal is sold or adopted out pursuant to section 10.6.2,
any monies received by the Animal Shelter Manager for the Animal will be
applied against the fees and costs of impounding, boarding, outstanding licences
for, and adopting out the Animal.
Adoption of Animals
10.7.1 Every person wishing to adopt an Animal from the Animal Shelter must:
(a) make an application to the AnimalShelter Manager in the form prescribed by
the Animal Shelter Manager and pay the applicable fees set out in the City's
Fees and Charges
Bylaw; and
(b) ifthe Animal is a Dog, licence the Dog pursuant to this bylaw, where
applicable.
PART 11
-- PENALTIES AND ENFORCEMENT
Enforcement
11.1.1 This bylaw may be enforced by an Animal Control Officer, and any other person
or class of persons designated by Council to enforce City bylaws.
Provision of Information
11.2.1 If a person occupies Property where a Dog is kept or found, the person must
provide the following information when requested by an Animal Control Officer.
(8)
(b)
(C)
(d)
(e)
the person's name, address and telephone number;
ifthe person is not the Dog's Owner, the Owners name, address,
and
telephone
number;
the number of Dogs kept on the premises;
the breed, sex, age, name, and general description of each Dog kept on the
premises; and
whether each Dog kept on the premises is licensed, and ifso, the licence
number(s).
Bylaw No. 3197, 2019
Page 26 of 27
11.2.2 Ifa person has apparent custody of a Dog, the person must provide the following
information when requested
by an AnimalControl Of?cei".
(8)
(b)
(C)
(d)
11.3
the person's
name, address, and telephone number;
ifthe person is not the Dog's Owner, the Owners name, address, and
telephone number;
the breed, sex, age, name, and general description of each Dog owned by
or in the custody of the person; and
whether each Dog owned or inthe custody of the person is licensed, and if
so, the licence number(s).
Entering Property
for Inspection
11.3.1 In accordance
with Section 16 of the Community Charter, an Animal Control
Officer at reasonable
times may enter onto and into Property to inspect and
determine whether the requirements
and prohibitions of this bylaw are being
complied with.
11.4
Right of Refusal to Release from lmpoundment
11.4.1 The Animal Shelter Manager may refuse to release
an Animal to any person,
including its Owner, where:
(a)
the Animal is required to be dealt with in a different manner under
(b)
(C)
11.5
Offences
applicable federal or provincial legislation, including but not limitedto the
Community Charter, WildlifeAct, the Prevention of Cruelty to Animals Act,
or the Animal Disease Control Act;
a veterinarian licensed to practice in British Columbia has determined under
section 10.2.3 that the Animal is subject to suffering that cannot be
reasonably addressed
other than by the Animals humane destruction; or
ifany fees under section 10.4.1 of this bylaw remain owing to the Animal
Shelter Manager.
11.5.1 No person may hinder, delay, or obstruct in any manner, directly or indirectly, an
Animal Control Officer from carrying out their duties and powers under this bylaw,
including, without limitation:
(a) providing false information;
(b) unlocking or unlatching or otherwise opening a vehicle or Enclosure in which
an impounded Animal has been placed;
(c) removing or attempting to remove any Animal from the possession of an
Animal Control Officer, or
(d) removing or attempting to remove an Animal from the Animal Shelter except
in accordance
with this bylaw.
BylawNo. 3197, 2019
Page 27 of 27
11.5.2 Any person 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 against this bylaw and is liable
upon summary conviction to pay a fine of not more than $10,000, plus the costs
of prosecution, and any other penalty or remedy available under the Community
Charter and Offence Act.
11.5.3 Where an offence under this bylaw is of a continuing nature, each day that the
offence continues, or is permitted to exist, shall constitute a separate
offence.
11.5.4 Section 11.5.2 shall not prevent the City, or an authorized person on behalf of the
City, issuing and enforcing a ticket under the
Citys
Bylaw Offence Notice
Enforcement
Bylaw
or
the
Cit}/s
Municipal
Ticket
Information
System
Implementation Bylaw.
PART 12
-- GENERAL PROVISIONS
12.1
Severability
12.1.1 If any part, section, sub-section, sentence,
clause, or sub-clause
of this bylaw is
for any reason held to be invalid by the decision of any Court of competent
jurisdiction, the invalid section shall be severed
and the severance
shall not
affect the validity of the remaining portions of this bylaw.
12.1.2 Section
headings
do
not form part
of this
bylaw.
They
are
included for
convenience only and must not be used in interpreting this bylaw.
12.2
Repeal
12.2.1 "Animal Regulation and lmpounding Bylaw No. 3139, 2015" is hereby repealed.
PASSED FIRST READING 19-AUGUST-2019.
PASSED SECOND READING19-AUGUST-2019.
Wm
READING 19-AUGUST-2019.
mu
-SEPTEMBER-2019
lggjgiii
Paige
cWilliam,
vayr
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-
Director of Corporate Services