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THE CORPORATION OF THE CITY OF ENDERBY
BYLAW NO. 1754, 2022
A bylaw to regulate, prohibit, and impose requirements respecting the feeding and attracting of
dangerous wildlife and members of the family Cervidae
WHEREAS Section 8(3)(k) of the Community Charter authorizes the Council of the City of Enderby
to, by bylaw, regulate, prohibit and impose requirements in relation to animals;
AND WHEREAS Section 9(1)(c) of the Community Charter recognizes wildlife as a sphere of
concurrent authority for which Council may not adopt a bylaw unless in accordance with a
regulation, an agreement, or an approval of the Province;
AND WHEREAS Section 2(1)(c) of the Spheres of Concurrent Jurisdiction - Environment and
Wildlife Regulation enables Council to regulate, prohibit, and impose requirements respecting the
feeding or attracting of dangerous wildlife or members of the family Cervidae;
NOW THEREFORE the Council of the City of Enderby, in open meeting assembled, enacts as
follows:
1.
CITATION
1. This Bylaw shall be cited as "City of Enderby Wildlife Attractant Bylaw No. 1754, 2022".
2.
DEFINITIONS AND INTERPRETATION
In this Bylaw:
"City" means the Corporation of the City of Enderby.
"Dangerous Wildlife" includes bear, cougar, coyote, wolf, and any species of wildlife that is
prescribed as dangerous under the Wildlife Act.
"Wildlife" includes Dangerous Wildlife and members of the family Cervidae [deer].
"Wildlife Attractant" includes any substance which could reasonably be expected to, or
does, attract Wildlife, including but not limited to food products, food containers, pet and bird
food, seeds, restaurant grease, game meat, carcasses, animal waste products, uncollected
fruit, garbage, organic waste, barbecues, grills, and related equipment, diapers, grease
barrels, petroleum products, antifreeze, other chemical products and any other substance or
thing prescribed by the Wildlife Act.
3. GENERAL
1. Bylaw Enforcement Officers appointed by the City are authorized to enforce and carry out
the provisions of this Bylaw.
2. Bylaw Enforcement Officers appointed by the City are hereby authorised to enter, at all
reasonable times, upon any property within the municipal boundaries of the City of Enderby
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subject to this Bylaw and Section 16 of the Community Charter, in order to ascertain whether
the regulations of this Bylaw are being obeyed.
3. A person, operation, or facility is exempt from this Bylaw if their activities are consistent with
section 2(3) of the Spheres of Concurrent Jurisdiction - Environment and Wildlife
Regulation.
4. REGULATIONS, PROHIBITIONS AND REQUIREMENTS
1. Except as permitted in this Bylaw, a person must not:
(a) Leave or place Wildlife Attractants in, on, or about any land or premises where there are
or are likely to be people, in a manner in which the Wildlife Attractant could attract
Wildlife to the premises and be accessible to Wildlife.
(b) Feed, or attempt to feed, Wildlife.
2. Every owner or occupier of real property must ensure that:
(a) Fruit that has fallen from a tree or bush is removed, stored, or disposed in such a manner
so as not to attract or be accessible to Wildlife.
(b) Birdfeeders containing bird feed, suet or nectar are suspended on a cable or other device
in such a manner that it is inaccessible to Wildlife, and the area below any birdfeeder is
kept free of accumulations of Wildlife Attractants.
(c) Barbecue equipment and tools that remain outdoors after use must be clean and free of
residual food or grease so as not to attract or be accessible to Wildlife.
(d) Refrigerators, freezers, storage containers or similar units containing Wildlife Attractants
of any type, if outdoors, are located and equipped in a manner that is inaccessible to
Wildlife.
(e) Grease, antifreeze, paint and petroleum products are stored in such a manner that is
inaccessible to Wildlife.
(f) Compost is kept and maintained in an enclosed and secure rigid container that is
inaccessible to Wildlife.
(g) Other animals, including backyard hens and bees, as well as domestic animals, are kept
in a manner that is reasonably inaccessible to Wildlife, including their food.
(h) Garbage is stored indoors or otherwise in durable, rigid receptacles fitted with covers that
are inaccessible to Wildlife, and not placed at curbside until 4:00 a.m. on the day of
collection.
(i) All garbage is kept and disposed in accordance with this Bylaw, the City of Enderby
Garbage Collection Regulation Bylaw No. 1566, 2015 and any other relevant enactment.
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5. OFFENSES
1. Every person who contravenes or violates any provision of this Bylaw, or who suffers or
permits any act or thing to be done in contravention or in violation of any provision of this
Bylaw, or who neglects to do or refrains from doing anything required to be done by any
provision of this Bylaw, commits an offence and, upon conviction, shall be liable to a fine or
penalty not to exceed $10,000, and a jail term of not more than 6 months.
2. Each day the offence continues is considered a separate offence.
3. This bylaw is enforceable through the City of Enderby Municipal Ticketing Information (MTI)
System Bylaw No. 1518, 2013 and the City of Enderby Bylaw Notice Enforcement Bylaw No.
1581, 2015.
6. SEVERABILITY
1. If a section, subsection, sentence, clause or phrase of this Bylaw is for any reason held to be
invalid by the decision of a Court of competent jurisdiction, it shall be severed and such
decision shall not affect the validity of the remaining portions of this Bylaw.
7. EFFECTIVE DATE
1. This bylaw shall come into force and effect as and from the date of adoption.
READ a FIRST time this 6th day of June, 2022.
READ a SECOND time this 6th day of June, 2022.
READ a THIRD time this 6th day of June, 2022.
ADOPTED this 20th day of June, 2022.
_____________________________
_______________________________
MAYOR
CORPORATE OFFICER