This is the exact embedded text of the captured official document.
Snapshot 8f6050868065 · verified 2026-08-28 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
BYLAW CONSOLIDATION
This consolidation is provided for convenience only and reflects the status of the bylaw as of the specified
date. It is not the original bylaw and is not admissible in court.
ANIMAL RESPONSIBILITY BYLAW 848, 2021
This Consolidation includes the following Bylaw Amendments:
- Animal Responsibility Bylaw No. 848, 2021, Amendment Bylaw No. 896, 2024
- Animal Responsibility Amendment Bylaw No. 947, 2026
District of Elkford
P.O. Box 340
744 Fording Drive, Elkford, B.C., V0B 1H0
[email protected]
DISTRICT OF ELKFORD
District of Elkford Animal Responsibility Bylaw No. 848, 2021
A Bylaw to regulate responsible animal ownership and treatment in the District of Elkford.
WHEREAS the Community Charter, SBC 2003, Chapter 26, Part 2, Division 1 empowers Council, by bylaw, to regulate,
prohibit and impose requirements in relation to animals;
AND WHEREAS Council wants to regulate the responsible ownership of animals;
NOW THEREFORE, the Council of the District of Elkford in open meeting assembled enacts as follows:
1. TITLE
This Bylaw may be cited as the "District of Elkford Animal Responsibility Bylaw No. 848, 2021".
2. DEFINITIONS
In this bylaw, unless defined elsewhere:
ANIMAL means any mammal, bird or reptile, excluding humans.
AGGRESSIVE DOG means a Dog that:
(1) has without justifiable provocation displayed aggressive behaviour toward a human or Animal; or
(2) has without justifiable provocation caused a minor injury to a human or Animal;
AGRICULTURAL ANIMAL means any Animal, except Dogs, of which the primary purpose is pursuant to an
agricultural use of property, and includes any animal defined as livestock under the Livestock Act.
AT LARGE means:
(1) An Animal being in or upon the lands or premises not owned or occupied by the Owner of the
Animal without consent, express or implied, of the owner or occupier of such lands or premises;
(2) An Animal being in or upon a highway or Public Place unless on a Leash and under the control of
a Competent Person, except where such Animal is specifically permitted to be at large in a Public
Place; and/or,
(3) An Animal being in a Public Place posted as being prohibited to that Animal.
BYLAW ENFORCEMENT OFFICER means the person or persons appointed by the Council as a Bylaw
Enforcement Officer from time to time and includes an animal control officer as defined in the Community
Charter.
CAT means an animal of the species felis domesticus, apparently weaned or three months old.
COMPETENT PERSON means a person who is physically and mentally able to control an Animal and able
to ensure compliance with this Bylaw.
COUNCIL means the Municipal Council of the District of Elkford.
DANGEROUS DOG has the same meaning as in the Community Charter as amended.
DOG means an animal of the canine species, apparently weaned or over three months old.
HEN means a domesticated female chicken.
KENNEL, CLASS 1 means a facility on residential premises within which more than three, to a maximum of five
dogs are kept, trained, boarded, cared for, groomed, harboured or bred, whether for business purposes or not.
KENNEL, CLASS 2 means a facility on non-residential premises on which three or more dogs, three or more cats,
or some combination of dogs and cats exceeding three animals in total, are kept, trained, boarded, cared for,
groomed, harboured or bred for remuneration.
LEASH means line, thong, chain, or electronic device created and used for the purpose of restraining a dog, and
which is made of material or effect of sufficient strength to restrain the animal, unless otherwise described
elsewhere in this bylaw.
MUNICIPALITY means the District of Elkford.
MUZZLED means prevented from biting by means of a fastening or covering device of adequate strength
placed over the mouth.
OFF-LEASH AREA means an area where Dogs are expressly permitted to be off-leash, provided that the
Owner of the Dog complies with any rules posted within the area and with this Bylaw.
OWNER includes a person owning, possessing, harbouring or having charge of an animal or permitting
an animal to remain about the person's house or premises or to whom a licence for an animal has been
issued pursuant to this bylaw and where the owner is a minor, the person who is the legal guardian or
has custody of the minor.
PARCEL means a lot, block, or other area in which land is held or into which land is subdivided and which is
registered under one title, pursuant to the Land Title Act.
PET means a domestic or tamed animal lawfully kept for pleasure or companionship.
POUND KEEPER means the person or persons from time to time retained or appointed by the Council as the
keeper of the pound established by this Bylaw, and includes anyone appointed by Council as a Bylaw
Enforcement Officer.
PUBLIC BODY means the Government of the Province of British Columbia, the Government of Canada, or a
municipality.
PUBLIC PLACE means land, roads or premises which are owned or controlled by a public body and which is
open to use by the public.
SEMI-PUBLIC PLACE means a building to which the public is customarily invited but which is not owned by a
Public Body, including, but not limited to a grocery store, convenience stores, and gas stations.
STERILIZED means surgically deprived of the power of reproduction.
URBAN AGRICULTURAL ANIMAL means bees and Hens.
WILD OR EXOTIC ANIMAL means any of those listed on Schedule "A" of this Bylaw.
WILDLIFE ATTRACTANT means food or food waste, fruit fallen from a fruit tree or bush, bird feed outside of a
feeder, compost, other waste or garbage, a carcass, part of a carcass of an Animal, fish or other meats or any
substance that could be reasonably expected to attract dangerous wildlife or members of the family
Cervidae including, but not limited to seed, restaurant grease, or glass or metal ware or other item having
contained food.
WORKING DAYS means any day on which the District Municipal Office is open for regular business.
3. GENERAL
3.1. No person shall own, harbour, or keep any Animal in the District except as outlined in this bylaw.
3.2. Nothing in this bylaw shall restrict the keeping of Agricultural Animals on any Parcel zoned A-1 in the
Zoning Bylaw of the District, as amended from time to time.
3.3. 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 Bylaw for
the keeping or harbouring of more than five Animals of any one species, excluding Dogs.
3.4. No person shall use any Parcel for the keeping or harbouring of more than three Dogs, unless a kennel
licence has been issued pursuant to Section 8 of this bylaw.
3.5. No Owner of any Animal shall permit or cause it to be At Large in the Municipality. The ticket for an At
Large Animal which has not been Sterilized may be greater than for a Sterilized Animal. The ticket for
an At Large Dog may be greater for an Aggressive Dog or Dangerous Dog.
3.6. Without limiting the generality of Section 3.4, no person may cause, permit or allow a Dog or Cat to be
hitched, tied or fastened:
a.
for longer than five hours within a 24-hour period;
b. in or upon a Public Place for longer than two hours;
c.
in or upon the lands or premises of any person other than the Owner, without the consent, express
or implied, of that person;
d. within 3.0 metres of the entrance doors of a Public or Semi-Public Place, other than a commercial
premise whose purpose is for the care or treatment of Animals.
3.7. No Owner of any Animal shall permit or cause the Animal to cry, bark, or otherwise create noise in a
manner which disturbs the enjoyment or comfort of the inhabitants of the neighbourhood.
3.8. An Owner whose Animal defecates in or upon a Public Place or in or upon the lands or premises of any
person other than the Owner, shall immediately remove the defecated matter from the Public Place,
lands, or premises.
3.9. A Bylaw Enforcement Officer is authorized to enforce this bylaw and to enter, at all times, on any day,
upon any property within the Municipality if the Bylaw Enforcement Officer has grounds to believe that
a contravention of this bylaw may have occurred.
3.10. When in an Off-Leash Area, an Owner of a Dog may allow their Dog to be off-leash, provided
that the Dog is not a Dangerous Dog, and the Owner:
a. is carrying a Leash and immediately leashes the Dog if it displays any aggressive behavior;
b. keeps the Dog in view at all times;
c. follows all posted rules and regulations on signs in the Off-Leash Area;
d. ensures the Dog wears a collar or harness, and valid Dog license tag.
3.11. No Person shall keep a Wild or Exotic Animal within the Municipality.
4. LICENSING
4.1. No person shall own a Dog or Cat over the age of three months in the Municipality unless a valid and
subsisting licence tag for the current calendar year has been obtained for the Dog or Cat.
4.2. Upon receipt of payment to the Municipality of the prescribed fee for a licence tag, the Municipality shall
issue a licence tag for the current calendar year. The prescribed licence fee may be greater for an
Unsterilized Animal, an Aggressive Dog or a Dangerous Dog.
4.3. Where a licence tag is issued, the Owner of the Dog or Cat shall affix, and keep affixed, the licence tag on
the Dog or Cat by a collar or other suitable device.
4.4. Where the prescribed fees provide for a reduced licence fee for a Dog or Cat that is Sterilized, the
application shall be accompanied by written confirmation from a licensed veterinarian indicating that the
Dog or Cat has been Sterilized.
4.5. Should the prescribed fee not be paid by the last day of February of any calendar year, the Owner shall
pay to the Municipality the prescribed late licensing fee.
4.6. If a Dog is acquired or reaches the age of three months after March 1st of any calendar year, the Owner
shall not be subject to the late licensing fee in respect of that Dog.
4.7. If the Owner of a Dog or Cat sells or otherwise ceases to be the Owner, the licence tag may be transferred
to a new Owner for the remainder of the calendar year upon payment to the Municipality of the
prescribed license transfer fee.
4.8. A licence tag is only valid for the calendar year in which it is issued.
4.9. No Owner shall fasten or attach any license tag to any Dog or Cat other than the Dog or Cat in respect of
which the licence tag was issued.
4.10. The Municipality may issue a replacement licence tag upon being satisfied that the original tag issued by
the Municipality has been lost, stolen, or damaged such that it is unreadable and upon payment to the
Municipality of the prescribed duplicate licence fee.
5. AGGRESSIVE DOGS
5.1. If a Bylaw Enforcement Officer receives a bona fide complaint that a Dog has exhibited behaviour, as
described in the definition of Aggressive Dog, that Bylaw Enforcement Officer may issue the Owner of
that Dog written notice, to include the following:
a.
the date, place and circumstances of the events alleged; and
b. a warning that if the Dog that is the subject of the complaint is found to have exhibited aggressive
behaviour again, the Dog may be deemed to be an Aggressive Dog.
5.2. Where the Owner of a Dog has received a notice in the form set out in Section 5.1 above and a Bylaw
Enforcement Officer receives another bona fide complaint that the Dog has exhibited aggressive
behaviour, the Dog may be deemed to be an Aggressive Dog. A Bylaw Enforcement Officer may issue
a written notice to the Owner of that Dog advising the Owner of the requirements of this bylaw with
respect to Aggressive Dogs and which deems that Dog to be an Aggressive Dog.
5.3. Every Owner of an Aggressive Dog shall secure the Dog by a collar and Leash that is a maximum length
of 1.8 metres when not on the Owner's property.
5.4. An Owner, following a period of at least one year from the date stated on the written notice deeming their
Dog an Aggressive Dog, may apply to the Municipality for relief from the requirements of Section 5.3
provided that the Municipality has received no further complaints regarding that Dog's aggressive
behaviour.
5.5. If a Dog displays behaviour as described in the definition of Aggressive Dog again after relief under
Section 5.4 has been granted, the Dog may be reclassified as a Dangerous Dog.
6. DANGEROUS DOGS
6.1. A Bylaw Enforcement Officer may seize a Dangerous Dog, pursuant to section 49 of the Community
Charter, as amended from time to time, in accordance with that section, or may issue written notice to the
Owner of that Dog advising the Owner of the requirements of this bylaw with respect to Dangerous
Dogs and which deems that Dog to be a Dangerous Dog.
6.2. No person shall own or keep any Dangerous Dog unless the Dog is licensed as a Dangerous Dog with
the Municipality by an Owner who has paid the prescribed fee, and who keeps the Dog in compliance
with Sections 6.5 and 6.6.
6.3. The Owner of a Dangerous Dog has seven (7) days to come into compliance with Sections 6.5 and 6.6 of
the bylaw, from the date the Dog was deemed a Dangerous Dog.
6.4. To obtain a licence for a Dangerous Dog, an Owner of a Dangerous Dog shall supply the following
documentation to the Municipality:
a.
completion of the dog licence application; and,
b. written confirmation from a licensed veterinarian that the Dog has been Sterilized;
6.5. Every Owner of a Dangerous Dog shall:
a.
secure the Dog by a collar and Leash that is a maximum length of 1.8 metres when not on the
Owner's property;
b. keep the Dog effectively muzzled when not on the Owner's property;
c.
Post a clearly visible sign at all points of entry onto any premises where the Dangerous Dog is being
kept, warning that there is a Dangerous Dog on the premises. The sign shall state, in red letters,
"Warning: Dangerous Dog on Premises", at 2.5 cm in height. Such sign is to have minimum
dimension of 15cm by 15 cm;
d. at all times while the Dog is on the person's premises, keep the Dog securely confined indoors or
outdoors in an enclosure with a roof and locked entry; and
e.
Provide a photograph of the Dangerous Dog to the District or the District's Bylaw Enforcement
Officer for record purposes.
6.6. The Owner of a Dangerous Dog shall promptly notify a Bylaw Enforcement Officer if:
a.
the Dog becomes At Large; or
b. the Dog's Owner or place of residence changes; or
c.
the Dog is given away or dies.
6.7. Nothing in this section shall limit the application of section 49 of the Community Charter.
7. MUNICIPAL POUND
7.1. The Elkford Municipal Pound is established.
7.2. The Pound Keeper may seize and impound:
a.
an unlicensed Dog or Cat;
b. a licensed Dog or Cat which is At Large;
c.
a Dangerous Dog;
d. other Animals which are At Large.
7.3. The Pound Keeper shall record in a register, the following information:
a.
the number and description of each Animal impounded;
b. the name of the person who delivered the Animal to the pound or caused the Animal to be
impounded;
c.
the day and the hour on which the Animal was impounded and released or disposed of; and,
d. the name of any party to whom the Animal was released and the fees paid by that party.
7.4. When any Animal is impounded, the Pound Keeper shall contact the Owner, or if the Owner cannot be
identified, post notice at the Municipality's regular posting place and public such notice in a newspaper
circulating in the area describing the impounded Animal and stating the time such Animal may lawfully
be disposed of if not reclaimed by the Owner and fees paid within 7 days of the date of publication.
7.5. An Animal impounded pursuant to this Bylaw shall be released to its Owner if, within three Working
Days of the time of its impoundment, the Owner pays to the Municipality the prescribed impoundment
fee.
7.6. No person shall rescue or attempt to rescue an animal lawfully in the possession of the Pound Keeper or
Bylaw Enforcement Officer.
8. KENNELS
8.1. An Owner requiring a kennel licence shall apply to the Municipality for such licence and upon payment
of the prescribed kennel licence fee and proof of compliance with this and other relevant Municipal Bylaws
including the Zoning Bylaw and the Business Licence Bylaw, the Owner shall be issued a kennel licence.
8.2. No person shall:
a.
have or keep more than five Dogs in a Class 1 Kennel;
b. allow a kennel and surrounding premises to be in disrepair;
c.
allow a kennel and surrounding premises to be in an unclean and/or unsanitary condition; or,
d. permit or cause a Dog to be unattended in an outdoor open-air run in a Class 1 Kennel between the
hours of 9:00 p.m. and 7:00 a.m.
8.3. 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 Dog to escape the kennel or any other Animal to enter the kennel;
c.
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 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 Dog to escape the kennel or any other Animal to enter the kennel;
c.
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. URBAN AGRICULTURAL ANIMALS
9.1 A person shall not own, have in their possession, or keep on any premises or property in the District of
Elkford any Urban Agricultural Animals except as permitted in this bylaw.
9.2 Nothing in section 10 of this bylaw shall restrict the keeping of any Animals on a Parcel in the A-1 zone in
the Zoning Bylaw.
9.3 Where the keeping of Urban Agricultural Animals has resulted in unacceptable harm or nuisance to
persons or property, as determined by the Bylaw Enforcement Officer, the keeper of the Urban
Agricultural Animals shall immediately remove the Urban Agricultural Animals when requested in
writing to do so by the Bylaw Enforcement Officer.
9.4 Hens shall only be permitted on a Parcel in the R-1, R-2, R-MH, R-MP and P-1 zones in the Zoning Bylaw,
subject to the following conditions:
a.
the number of Hens on any individual Parcel is limited to five (5);
b. the keeping of roosters is prohibited;
c.
Hens must be kept within a secure coop from sunset to 7:00 a.m., and at all other times Hens must
be kept within a coop or pen;
d. any coop must comply with the requirements for Accessory Buildings in the Zoning Bylaw;
e.
any pen must include continuous electrified fencing that is 1.8 metres in height and does not
permit a Hen to escape the pen or any other Animal to enter the pen;
f.
any coop or pen must be at least three (3) metres away from any dwelling windows or doors;
g. any coop or pen erected for Hens must be kept clean, tidy, and free of waste products or vermin;
h. the slaughter and/or burial of Hens on the property is prohibited; and,
i.
the sale of manure, meat, eggs, or any other poultry products or by-products of the Hens is
prohibited.
9.5 The keeping of Bees shall only be permitted on a Parcel in the R-1, R-2, R-MH, R-MP and P-1 Zones, as
defined in the Zoning Bylaw, subject to the following conditions:
a.
Bees may 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 behaviour;
f.
immediate action must be taken to end swarming or aggressive behaviour of the Bees;
g. the Owner of Bees must be registered with the apiculture registration system for British Columbia,
coordinated by the BC Ministry of Agriculture.
10. FEEDING WILDLIFE
10.1 No person shall leave, store, handle, permit allow, or dispose of Wildlife Attractants in such a way that they
are likely to attract or are accessible to dangerous wildlife or members of the family Cervidae.
10.2 No Person shall feed Wild or Exotic Animals, or members of the family Cervidae intentionally within the
District of Elkford, excepting a Conservation Officer as defined in the Environmental Management Act in the
lawful performance of his or her duties, or person under the direction of, or with the permission of, a
Conservation Officer.
10.3 A person leaving Wildlife Attractants such as fruits and berries in trees and bushes after they have ripened
and which are accessible to dangerous wildlife or members of the family Cervidae shall be deemed as
having fed wildlife unintentionally, unless this person was previously advised to take remedial action
regarding this attractant. In such a case, the person will be deemed to have intentionally fed wildlife.
10.4 A person who has left garbage out contrary to the District of Elkford Solid Waste Removal and Disposal
Bylaw will be deemed to have fed wildlife intentionally.
11. OFFENCE
11.1 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; or
c.
neglects or omits to do anything resulting in contravention of this bylaw.
11.2 For each day that a contravention of this bylaw occurs, such shall constitute a separate and distinct offence.
11.3 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 under the Municipal Ticket Information Bylaw and any amendments thereto;
or
b. a fine and penalty of not more than $10,000.00 and not less than $500.00 for each offence if
prosecuted pursuant to the provisions of the Offence Act, R.S.B.C., Chapter 338.
11.4 The District may restrain a person who contravenes this bylaw by making application to a court of
competent jurisdiction for injunctive relief in addition to any penalty that may be imposed pursuant to
section 11.3 hereof.
12. SEVERABILITY
12.1 If a portion of this bylaw is held invalid by a court of competent jurisdiction, then the invalid portion must
be severed, and the remainder of this bylaw is deemed to have been adopted without the severed section.
13. REPEAL
13.1 The bylaw cited as "District of Elkford Animal Control Bylaw No. 538, 1997" and any amendments thereto
are hereby repealed.
13.2 The bylaw cited as "Urban Wildlife Management Bylaw No. 754, 2014" and any amendments thereto are
hereby repealed.
Read a first time this 10th day of May, 2021.
Read a second time this 10th day of May, 2021.
Read a third time this 26th day of July, 2021.
Adopted this 9th day of August, 2021.
Dean McKerracher, Mayor
Chantel Dawson, Director of Corporate Services
SCHEDULE "A"
LIST OF WILD OR EXOTIC ANIMALS
The following are considered Wild or Exotic Animals for the purposes of this Bylaw:
1. Non-human primates, including but not limited to gorillas and monkeys
2. Felids, except domestic cats
3. Canids, except domestic dogs
4. Ursidae (bears)
5. Elephants
6. Pinnipeds [such as seals and walruses]
7. Crocodilians, including but not limited to alligators and crocodiles
8. Marsupials, including but not limited to kangaroos and opossums
9. Snakes and Venomous reptiles, amphibians and Arachnids
10. Ungulates, except domestic goats, sheep, pigs, cattle, horses, mules and donkeys
11. Hyaenas
12. Mustelidae including but not limited to skunks, weasels, otters and badgers
13. Procyonids including but not limited to raccoons and coatis
14. Edentates including but not limited to anteaters, sloths and armadillos
15. Viverrids including but not limited to mongooses, civets and genets
16. Struthioniformes, Rheiformes, and Casauriformes including but not limited to Ostriches, Rheas
and
Cassowaries]
17. Falconiformes including but not limited to hawks, falcons and eagles
18. Strigiformes including but not limited to such as owls
19. Rodentia, except hamsters, guinea pigs, domestic rats and mice
20. Chiroptera
21. Lagomorphs, except the domestic rabbit