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DISTRICT OF ELKFORDDistrict of Elkford Animal Responsibility Bylaw No. 848, 2021A Bylaw to regulate responsible animal ownershipand treatmen
TITLEThis Bylaw may be cited as the "District of Elkford Animal Responsibility Bylaw No. 848, 2021".2.
DEFINITIONSIn this bylaw, unless defined elsewhere:ANIMALmeans any mammal,bird orreptile, excluding humans.AGGR
has without justifiable provocation displayed aggressive behaviour toward a humanor Animal; or(2)
has without justifiable provocation caused a minor injury to a human or Animal;AGRICULTURAL ANIMALmeans a
With respect to a Dog:a.
being in or upon the lands or premises other than the Ownerof the Dogwithout consent, express or im
being in or upon a highway or Public Placenot prohibited to Dogs, unless on a Leashorunder t
being in a PublicPlaceposted as being prohibited to Dogs.(2)
With respect to a Cat:a.
being in or upon the lands or premises, other than the Ownerof theCat, without the consent, express or imp
being in or upon a highway or PublicPlaceunless on a Leashand under the control of a competentp
With respect to all other Animals, being in or upon the lands or premises, other than the Ownerof the Anima
DOGmeans an animal of the canine species, apparently weaned or over three months old.HENmeans a domesticated female chicken.KENNEL, CL
WILDLIFE PROOF GARBAGE ENCLOSUREmeans a structure that is designed and constructed in accordance with the standards and specifications s
GENERAL3.1.
No person shall own, harbour, or keep any Animalin the Districtexcept as outlined in this bylaw.3.2.
Nothing in this bylaw shall restrict the keeping of AgriculturalAnimalson any Parcel zonedA-1 in the Zoning Byl
No person shall use any Parcel in the R-1, R-2, R-3, R-4, R-5, R-MH and R-MP zones in the Zoning Bylawforthe
No person shall use any Parcelfor the keeping or harbouring of more than threeDogs, unless a kennel licence has be
No Ownerof any Animalshall permit or cause it to be At Largein the Municipality.The ticket for an AtLargeAn
Without limiting the generality of Section 3.4, no person may cause, permit or allow aDogor Catto be hitched, ti
for longer than fivehours within a 24-hourperiod;b.
in or upon a Public Placefor longerthantwo hours; c.
in or uponthelands or premises of any person other than the Owner, without the consent, expressor implied, of t
within 3.0 metres of the entrance doors of a Publicor Semi-Public Place, other than a commercial premise whose
No Ownerof any Animalshall permit or cause the Animalto cry,bark, or otherwise create noisein a manner wh
An Ownerwhose Animaldefecates in or upona Public Placeor in or upon the lands or premises of any per
A Bylaw Enforcement Officeris authorized to enforce this bylaw and to enter, at all times, on any day, upon any proper
LICENSING4.1.
No person shall own a Dogor Catover the age of three months in the Municipalityunless a valid and subsisting lic
Upon receipt of payment to the Municipalityof the prescribed feefor a licence tag, the Municipalityshall issue a li
Where a licence tag is issued, the Ownerof the Dogor Catshall affix, and keep affixed, the licence tag on the Dogor
4.4.
Where the prescribed fees provide for a reduced licence fee for a Dogor Catthat is Sterilized, the application
Should the prescribedfee not be paid by the last day of February of any calendar year, the Ownershall pay to the M
If a Dogis acquired or reaches the age of three months after March 1stof any calendar year, the Ownershall not be
If the Ownerof a Dogor Catsells or otherwise ceases to be the Owner, the licence tag may be transferred to
A licencetagis only valid for the calendar year in which it is issued.4.9.
No Ownershall fasten or attach any license tag to any Dogor Catother than the Dogor Catin respect of whic
The Municipalitymay issue a replacement licence tag upon being satisfied that the original tag issued by the Municipali
AGGRESSIVEDOGS5.1.
If a Bylaw Enforcement Officerreceives a bona fidecomplaint that a Doghas exhibited behaviour,as described in t
the date, place and circumstances of the events alleged;andb.
a warning that if the Dogthat is the subject of the complaint is found to have exhibited aggressive behaviouragain
Where the Ownerof a Doghas received a notice in the form set out in Section 5.1 above and a Bylaw Enforcem
Every Ownerof an Aggressive Dogshallsecure the Dogby a collar and Leashthat is a maximum length of 1.8met
An Owner, following a period of at least one year from the date stated on the written notice deeming their Dogan A
If a Dogdisplays behaviour as described in the definition of Aggressive Dogagain after relief under Section 5.4
DANGEROUS DOGS6.1.
A Bylaw Enforcement Officermay seize a Dangerous Dog, pursuant to section 49of the Community Charter, a
6.2.
No person shall own or keep any Dangerous Dogunless the Dogis licensed as a Dangerous Dogwith the Munic
The Ownerof a Dangerous Doghas seven(7) days to come into compliance with Sections6.5 and 6.6of the byla
To obtain a licence for a Dangerous Dog, an Ownerof a Dangerous Dogshall supply the following documentatio
completion of the dog licence application;and,b.
written confirmation from a licensed veterinarian that the Doghas been Sterilized;6.5.
Every Ownerof a Dangerous Dogshall:a.
secure the Dogby a collar and Leashthat is a maximum length of1.8metreswhen not on the Owner's
keep the Dogeffectively muzzled when not on the Owner'sproperty;c.
post a clearly visible sign at all points of entry onto any premises where the Dogis being kept, warning that ther
at all times while the Dogis on the person's premises, keep the Dogsecurely confined indoors or outdoors in a
Provide a photograph of the DangerousDogto the District or the District's Bylaw Enforcement Officerfor
The Ownerof a DangerousDogshall promptlynotify a BylawEnforcementOfficerif:a.
the DogbecomesAt Large; orb.
the Dog'sOwneror place of residence changes; orc.
the Dogis given away or dies.6.7.
Nothing in thissection shall limit the application of section49 of the Community Charter.7.
MUNICIPAL POUND7.1.
The Elkford Municipal Pound is established.7.2.
The Pound Keepermay seize and impound:a.
an unlicensed Dogor Cat;b.
a licensedDog orCat which isAt Large; c.
aDangerous Dog;d.
other Animalswhich are At Large.7.3.
The Pound Keepershall record in a register, the following information:a.
the number and description of each Animalimpounded;b.
the name of the person who delivered the Animalto the pound or caused the Animalto be impounded;c
the day and the hour on which the Animalwas impoundedandreleased or disposed of;and,d.
the name of any party to whom the Animalwas released and the fees paid by that party.7.4.
Whenany Animalis impounded,the Pound Keepershall contact the Owner, or if the Ownercannot be identif
7.5.
An Animalimpounded pursuant to this Bylaw shall be released to its Ownerif, within three Working Daysof t
No person shall rescue or attempt to rescue an animal lawfully in the possession of the Pound Keeperor Bylaw Enforce
KENNELS8.1.
An Ownerrequiring a kennel licence shall apply to the Municipalityfor suchlicence and upon payment of the pre
No person shall:a.
have or keep more than five Dogsin a Class 1 Kennel;b.
allow a kennel and surrounding premises to be in disrepair;c.
allowakennel and surrounding premises to be in anunclean and/orunsanitarycondition;or,d.
permit or cause a Dogto be unattended in an outdoor open-air run in a Class 1 Kennelbetween the hours of 9:00 p
A Class 1 Kennel must:a.
be of a size and shape that permits the Dog free and unrestricted movement within the kennel;b.
include an outdoor open-air run with continuous fencing that is 1.8 metres in height and does not permit a Dogto
provide adequate shelter to allow the Dog a dry area with protection from weather;and,d.
comply with the requirements for Accessory Buildings in the Zoning Bylaw.8.4.
A Class 2 Kennelmust:a.
be of a size and shape that permits the Dog free and unrestricted movement within the kennel;b.
include an outdoor open-air run with continuous fencing that is 1.8 metres in height and does not permit a Dogto
provide adequate shelter to allow the Dog a dry area with protection from weather;and,d.
comply with the requirements of the Zoning Bylaw.9.
WILDLIFE RESISTANT CONTAINERS AND WILDLIFE PROOF GARBAGE ENCLOSURES9.1.
An Owner, who is unable to store garbage or refuse inside a secure structure, shall ensure that all outdoor storage of garbag
Every person who owns, uses or possesses a Wildlife Resistant Containeror Wildlife Proof Garbage Enclosure:a
must keep it closed and secure, except at the time of deposit and pickup of permitted substances; andb.
must maintain a Wildlife Resistant Containerin functional condition at all times; and/or,c.
must maintain a Wildlife Proof Garbage Enclosurein functional condition at all times.9.3.
Every owner or occupier of a commercial, industrial, institutional ortourist accommodation building shall provide a garba
URBAN AGRICULTURAL ANIMALS
10.1.
A person shall not own, have in their possession, or keep on any premises or property in the District of Elkford any Urban
Nothing in section 10 of this bylaw shall restrict the keeping of any Animalson a Parcelin the A-1 zone in the Zoning B
Where the keeping of Urban Agricultural Animals has resulted in unacceptable harm or nuisance to persons or pro
Hensshall only be permitted on aParcelin theR-1, R-2, R-MH, R-MP and P-1zonesin theZoning Bylaw,
the number of Henson any individual Parcelis limited to five(5); b.
the keeping of roosters is prohibited; c.
Hensmust be kept within a secure coop from sunset to 7:00 a.m., and at all other times Hensmust be kept within a
any coop must comply withthe requirements for Accessory Buildings in the Zoning Bylaw;e.
any pen must include continuous electrified fencing that is 1.8 metresin height and does not permit aHento esc
any coop or pen must be at least three (3) metres away from any dwelling windows or doors;g.
any coop or penerected for Hensmust be kept clean, tidy, and free of waste products orvermin; h.
the slaughter and/or burial of Henson the property is prohibited; and, i.
the sale of manure, meat, eggs, or any other poultry products or by-productsof the Hensis prohibited.10.5
The keeping of Beesshall only be permitted on a Parcelin the R-1, R-2, R-MH, R-MP and P-1 Zones, as define
Beesmay only be kept in a beehive;b.
the number of beehives shall be limited to four (4);c.
any beehive must comply with the requirements for Accessory Buildings in the Zoning Bylaw;d.
any beehive must be situated within a continuous electrified fence that 1.8 metres in height;e.
Bees must be treated and maintained in a condition that reasonably prevents swarming and aggressive behavi
immediate action must be taken to end swarming or aggressive behaviour of the Bees;g.
the Owner ofBeesmust be registered with the apiculture registration system for British Columbia, coordinated b
FEEDING WILDLIFE11.1.
No person shall leave, store, handle, permit allow,or dispose of Wildlife Attractantsin such a way that they arelikely
No person shall feeddangerous wildlife or members of the family Cervidae intentionally or unintentionally within the D
A person leaving Wildlife Attractantssuch as fruits and berries in trees and bushes after they have ripened and
A person who has left garbage out contrary to the District of Elkford Solid Waste Removal and Disposal Bylaw will be
12.
OFFENCE12.1.
A person is guilty of a contravention of this bylaw and commits an offence who:a.
violates any provisions of this bylaw;b.
causes or permits any act or thing to be done in contravention or violation of any provisions of this bylaw; orc.
neglects or omits to do anything resulting in contravention of this bylaw. 12.2.
For each day that a contravention of this bylaw occurs, such shall constitute a separate and distinct offence.
12.3.
Every person who commits an offence under this bylaw is liable to: a.
a fine and penalty of not more than $1,000.00 and not less than $100.00 for each offence if issued a municipal ticket und
a fine and penalty of not more than $10,000.00 and not less than $500.00 for each offence if prosecuted pursuant
The District may restrain a person who contravenes this bylaw by making application to a court of competent juri
SEVERABILITY13.1.
Ifa portion of this bylaw is held invalid by acourt of competent jurisdiction, then the invalid portion must be severed, and t
REPEAL14.1.
The bylaw cited as "District of Elkford Animal Control Bylaw No. 538, 1997" and any amendments thereto are herebyre
The bylaw cited as "Urban Wildlife Management Bylaw No. 754, 2014" and any amendments thereto are hereby repealed