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THE CORPORATION OF THE CITY OF FERNIE
BYLAW NO. 2436, 2021
ANIMAL RESPONSIBILITY BYLAW
A Bylaw to Establish Provisions for Animal Welfare, Control, Licensing, Duties of Animal
Owners, Penalties, and Enforcement in the City of Fernie.
WHEREAS the Community Charter provides municipalities with fundamental powers to
regulate, prohibit, and impose requirements in relation to Animals;
AND WHEREAS the Community Charter permits municipalities to establish different classes of
Animals on the basis of sex, age, size, or breed;
AND WHEREAS the Community Charter provides seizure and related powers in respect of
Animals;
AND WHEREAS the Community Charter provides municipalities with special powers in relation
to Dangerous Dogs;
THEREFORE BE IT RESOLVED that the City of Fernie, in open meeting assembled, pursuant
to powers vested in it by the Community Charter, SBC 2003, c.26, as amended, ENACT AS
FOLLOWS:
PART 1- INTRODUCTION
Title:
1.1
This Bylaw may be cited as "ANIMAL RESPONSIBILITY BYLAW NO. 2436, 2021".
Definitions and Interpretation
1.2
In this Bylaw:
Aggressive Behaviour
means any behaviour that unduly intimidates a person or Animal
and includes snarling, growling, baring teeth, or pursuing a
person or animal in a threatening manner.
Aggressive Dog
means a dog that:
(a) has without justifiable provocation, displayed aggressive
behaviour toward a person or domestic animal; or
(b) has without justifiable provocation, caused a minor injury
to a person or domestic animal
Animal
means any living member of the animal kingdom but excludes
the human species.
Agricultural Animals
Include:
(a) Cattle
(b) Horses
(c) Sheep
(d) Goats
(e) Pigs
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(f) Poultry
Animal Control Officer
means any Person who is designated by Council to administer and
enforce this Bylaw, and includes:
(a) A Peace Officer;
(b) A Bylaw Enforcement Officer;
(c) A Pound keeper; or
(d) A Person appointed by Council as an Animal Control
Officer.
Animal Shelter
means the City facility established for the holding of Impounded
Animals as set out in this bylaw.
Animal Shelter Manager
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 or a person appointed to act in
the place of the Manager.
At Large
means:
(a) an animal located elsewhere than on the premises of the
person owning or having the custody, care or control of the
animal that is not under the immediate charge and control
of a responsible and Competent Person;
(b) an animal located upon a highway or other Public Place,
including a school ground, park, or Public Place, that is not
secured on a Leash to a responsible and Competent
Person; or
(c) a Vicious Dog or Dangerous Dog that is on the premises
of the Owner that is not contained in an Enclosure or
securely confined within a dwelling;
Attack
means an assault on a person, Animal.
Beehive
means an enclosed human-made structure in which no more
than one colony of bees live and raise their young.
Beekeeping
means the keeping of bees and or beehives in accordance with
the regulations of this Bylaw.
Bylaw Enforcement
Officer
means a Person appointed by Council to the position of Bylaw
Enforcement Officer
Cat
means a member of the Felis catus family and commonly known
as the domestic house cat.
Choke Collar
means a slip collar or chain that may constrict around the
Animal's neck as a result of pulling on one end of the collar or
chain and includes pinch or prong collars but does not include a
martingale collar.
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City
means the Corporation of the City of Fernie.
Competent Person
means a person who is physically and mentally able to control a
Dog and to ensure compliance with this Bylaw.
Council
means the municipal Council of the City.
Dangerous Dog
Dangerous Dog has the same meaning as defined in section 49
of the Community Charter.
Distress
includes, but is not limited to, an Animal which is exhibiting any of
the following signs of heat distress:
(a) Excessively panting or drooling;
(b) Dark purple or grey tongue;
(c) Loss of bowel control; or
(d) Lethargic and unresponsive behaviour.
Dog
means any Animal of the canine species, irrespective of age or
sex.
Dog License
means a license for a Dog for the current licensing year that is
paid for and that has been issued by the City under this Bylaw.
Enclosure
means a fence or structure at least two (2) meters in height and
two (2) meters in width, designed with sides, top and bottom and
capable of being locked, forming, or causing a secure enclosure
suitable to prevent unauthorized entry and suitable to confine a
dog and prevent its escape in conjunction with other measures
taken by the Owner.
Guide Dog
Means a dog that
(a) is trained as a guide for a blind person, and
(b) is certified as a guide dog;
Identification
means:
(a) a collar or tag worn by an animal which includes the
name, current address, and telephone number of the
Owner;
(b) a traceable tattoo; or
(c) a traceable microchip; or
(d) a valid dog license issued by the City or as required by
another local government in which the dog ordinarily
resides.
Impounded
means seized, detained, received, or taken into the Pound or in
the custody of the Animal Control Officer.
Kennel
means any compound of pens or cages or property in which four
(4) or more Dogs, other than those belonging to a resident of the
rural residential property on which the boarding kennel is located.
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Leash
means a line or chain that does not exceed 6 feet (1.83 meters)
in length and is of sufficient strength to restrain a Dog without
breaking.
Licensed Dog
means a Dog for which a Dog License has been issued, and that
is wearing, on its collar or harness, a tag which has stamped
figures corresponding to a Dog for that specific Dog.
License Year
means the period from January 1 to December 31 in any year.
Minor Injury
means a physical injury to a person or Animal that consists of
pinches, minor localized bruising, scratches, shallow punctures,
or lacerations in one direction only.
Muzzle
means a humane basket-style fastening or covering device that
is strong enough and well-fitted enough to prevent a Dog from
biting, without interfering with the breathing, panting or vision of
the Dog or with its ability to drink.
Neuter
means the sterilization of a male Animal by removal of the
testicles or by any methods of pharmaceutical sterilization
approved by the Canadian Veterinary Medical Association.
Off Leash Area
means an area of City-owned property designated by signs,
which defines the geographic area and or times that Dogs are
permitted to be unrestrained by a Leash.
Owner
means a person
(a) who is legally entitled to own an Animal;
(b) who is possessing, harbouring, or having charge of an
Animal; or
(c) to whom a license for an Animal has been issued
pursuant to this Bylaw; and
(d) who is the legal guardian or has custody of a minor
person who is harbouring, or in possession or charge of
an Animal.
Permanent Identification
means identification for an Animal in the form of a traceable
tattoo or a microchip that contains the current contact information
of the Owner.
Poultry
means any bird normally raised for food or egg production, and
without limiting the generality of the foregoing includes: hens or
pullets, rooster or cockerels, ducks, geese, turkeys, artificially
reared grouse, partridge, quail, pigeons, pheasant, rock doves,
quail or ptarmigan.
Pound
means any building, enclosure or place established as such, by
the Council from time to time, for the keeping of Animals
Impounded under this bylaw.
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Prohibited Animal
means:
(a) Agricultural Animals except for those listed as restricted
animals
(b) Ungulates
(c) Any feral animal or;
(d) Wildlife.
Property
means real and personal property.
Public Place
includes any highway, sidewalk, street, lane, boulevard, public
space, park, or any real property owned, held, operated, or
managed by the City or by a school located within the City.
Restricted Animal
means Dogs and Urban Agricultural Animals.
Serious Injury
means a physical injury to a person or domestic animal that:
(a) Consists of deep punctures, lacerations in more than one
direction, or broken bones; or
(b) Requires sutures or cosmetic surgery
Service Dog
Means a dog that:
a) is trained to perform specific tasks to assist a person with
a disability, and
b) is certified as a service dog;
Spay
means sterilization of a female Animal by removal of the ovaries
or by any method of pharmaceutical sterilization approved by the
Canadian Veterinary Medical Association.
Under Control
means, in respect of any Dog, such circumstances where the
dog:
(a) Immediately returns when called or signaled by the
Owner of the Dog; and
(b) Is not displaying Aggressive Behavior
Unlicensed Dog
means any Dog over the age of four (4) months for which the
license fee for the current Licence Year has not been paid, or
any Dog which is not wearing a license tag for the current
Licence Year.
Unrestricted Animals
means domestic cats and other domestic animals not listed as
prohibited or restricted that are kept as pets, provided they are
kept indoors in a residential dwelling unit.
Urban Agricultural Animal
means bees, female chickens, and female ducks.
Vicious Dog
means a Dog that:
(a) Has, without justifiable provocation, caused a serious
injury to a person or a domestic Animal; or
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(b) Has a known propensity, tendency, or disposition to
attack other animals, domestic cats, or person(s) without
justifiable provocation; or
(c) Has on more than one occasion caused a minor injury to
a person or a domestic Animal; or
(d) Has while running At Large, aggressively pursued or
harassed a person without justifiable provocation, or has
demonstrated a propensity, tendency, or disposition to do
so as deemed by an Animal Control Officer.
Wildlife
As defined in the BC Wildlife Act.
1.3
In this Bylaw, except as otherwise provided, words and phrases have the same
meanings as in the Community Charter. A reference to a statute refers to a statute
of British Columbia, and a reference to any statute, regulation, bylaw or other
enactment refers to that enactment as it may be amended or replaced from time to
time. In the event of inconsistency between this Bylaw and a provincial enactment,
the stricter law prevails.
1.4
If any portion of this Bylaw if held to be invalid by a court of competent jurisdiction,
the invalid portion is severed, without affecting the remaining portions which shall
continue in effect.
1.5
A notice delivered to an Owner under this Bylaw are deemed to be received:
(a)
if delivered personally, after 4 o'clock on the date of delivery;
(b)
if delivered by ordinary or registered mail to the last known address of the
Owner, on the 5th day following the date it is posted.
PART 2- PROHIBITED ANIMALS
2.1
No person shall own, have in their possession, keep, cause, suffer to be kept or
have on any Property within the City a Prohibited Animal.
2.2
Notwithstanding section 2.1, Agricultural Animals are permitted on parcels that are
zoned for agricultural use.
PART 3- RESTRICTED ANIMALS
3.1
No person shall keep a Restricted Animal except in accordance with this Bylaw.
PART 4- DOG LICENCES
4.1 No person shall keep or permit to be kept on a parcel a Dog over the age of four
(4) months unless a valid and subsisting Dog Licence for the current calendar year
has been obtained from the City for that dog.
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4.2
Every Dog Licence issued under this Bylaw shall expire on the thirty-first day of
December next following the date on which the licence was issued.
4.3
Every application for a Dog Licence shall be made to the Corporate Officer in the
form approved by the Chief Administrative Officer, and the applicant shall provide:
(a)
the name and civic address of the Owner;
(b)
the ordinary address where the Dog is kept; if different, and
(c)
a full description of each Dog that must be licensed, including name, sex,
coloring, age, breed, and whether Neutered or Spayed.
4.4
Every Dog Owner must ensure that a valid Dog Licence tag is displayed on the Dog
at all times, by affixing it to the Dog's collar or harness.
4.5
Dog tags which are lost may be replaced upon application to the Bylaw
Enforcement Officer.
4.6
Where the Owner of a Dog in respect of which a licence is issued under this Bylaw
sells or otherwise ceases to be the Owner, the licence for that Dog is cancelled.
4.7
The Dog licence shall consist of a metal tag on which is impressed the licence
number, the year in which the licence applies and the words "City of Fernie".
PART 5- CONTROL OF DOGS
5.1
The Owner of a dog must not cause or allow the Dog to do any of the following:
(a)
Subject to section PART 6, to be on a sidewalk, highway, boulevard, school
ground, playground, park, or other Public Place unless the Dog is on a
Leash;
(b)
trespass onto the private Property of another person;
(c)
bark, howl, or otherwise cause any kind of sound continually, sporadically, or
erratically for any period of time in excess of fifteen (15) minutes, which
disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or
convenience of individuals or the public;
(d)
leave or deposit excrement on any Public Place or Property of another
person, unless the Owner immediately removes such excrement and
disposes of in a sanitary manner; or
(e)
whether or not on Leash, enter onto or be in the following restricted areas:
i.
Rotary Park;
ii.
The grounds of any school; or
iii.
Ridgemont Park.
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5.2
Every Owner shall ensure that their Dog does not:
(a)
display Aggressive Behaviour towards a person or domestic Animal;
(b)
cause a Minor Injury to a person or domestic animal; or
(c)
cause a Serious Injury to a person or domestic animal.
5.3
Section 5.2 does not apply to a Peace Officer acting in the course of their duty.
5.4
An Animal Control Officer may, by written notice, designate a Dog as an
Aggressive Dog in accordance with this Bylaw; and impose on its Owner such
restrictions, requirements and other conditions as the Officer believes advisable
and to prevent further Aggressive Behavior, Attack, or injury to another domestic
Animal or to a person.
5.5
An Animal Control Officer may, by written notice, designate a Dog as a Vicious
Dog or a Dangerous Dog and, in addition to imposing on its Owner such
restrictions, requirements and other conditions as the Officer believes are
warranted to avoid danger to the public or other Animals, may take action under
section 49 of the Community Charter, including to apply to the Provincial Court for
an order that the Dog be humanely destroyed.
PART 6- OFF LEASH AREAS
6.1
Despite section 5.1(a) a Leash is not required for a Dog in an Off-Leash Area,
provided that the Dog is accompanied by and under the effective control of a
Competent Person.
6.2
When in an Off Leash Area, a Competent Person responsible for a dog, may allow
their Dog to be off leash provided that they:
(a)
carry a Leash;
(b)
keep the Dog in view at all times;
(c)
keep the Dog Under Control;
(d)
immediately Leash the Dog if it displays any Aggressive Behaviour; and
(e)
remove the Dog's excrement and dispose of it in a sanitary manner.
PART 7- AGGRESSIVE DOGS
7.1
Where an Animal Control Officer determines that a Dog is an Aggressive Dog, the
Officer may issue written notice to the Owner of that Dog advising that the Dog has
been designated as an Aggressive Dog and that the requirements of this Part 7
apply to the keeping and control of that Dog.
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7.2
The Owner of a Dog that has been delivered a notice designating their dog as an
Aggressive Dog must:
(a)
secure the Dog by a collar and Leash that is a maximum length of (1) metre
when not on the Owner's Property;
(b)
ensure that the dog is not At Large within the City at any time;
(c)
keep the dog muzzled when in an Off Leash Area;
(d)
not leave the Dog unattended at any time when not on the Owner's
Property, whether or not hitched, tied, or fastened to a fixed object;
(e)
within thirty (30) calendar days of being delivered the notice:
i.
ensure the Dog has Permanent Identification;
ii.
provide the Identification information to the Bylaw
Enforcement Officer;
iii.
obtain a City of Fernie Aggressive Dog license for the Dog;
and
iv.
pay the applicable fees established in Schedule A.
7.3
After one year of a Dog being designated as an Aggressive Dog, the Owner may
apply to the Director responsible for Bylaw Services for relief from the requirements
of Section 7.2.
7.4
Subject to section 7.5, on reviewing an application under section 7.3, if the Director
responsible for Bylaw Services is satisfied that:
(a)
the City has received no further complaints regarding that Dog's Aggressive
behaviour; and
(b)
proof and documentation are provided that the Owner and the Dog have
successfully completed a course by an institution or trainer to address the
Dog's Aggressive Behaviour,
the Director responsible for Bylaw Services may, by written notice, provide relief
from the designation or from any or all the requirements imposed on the notice
designating the Dog as an Aggressive Dog.
7.5
If a Dog displays Aggressive behaviour again after relief has been granted under
Section 7.4, the requirements of Section 7.2 shall permanently apply in respect of
that Dog.
PART 8- VICIOUS DOGS
8.1
Where the Animal Control Officer determines that a Dog is a Vicious Dog, the
Officer may issue a written notice to the Owner of that Dog advising that the Dog
has been designated as a Vicious Dog and that the requirements of this Part 8
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apply to the keeping and control of that Dog.
8.2
The Owner may, within fourteen (14) calendar days of being delivered the notice,
request in writing that the Director responsible for Bylaw Services reconsider the
decision. The request for reconsideration must be accompanied by:
(a)
written reasons why the dog is not a Vicious Dog; and
(b)
a written assessment of the Dog prepared by a dog behaviour specialist
within the last six (6) months.
8.3
If the written request for reconsideration referenced is received by the City within
the time specified in section 8.2, the Director responsible for Bylaw Services may
provide the Owner and any complainant with an opportunity to make
representations regarding the Vicious Dog. The Director responsible for Bylaw
Services may consider any other information the Director considers relevant in the
matter, and may confirm, reverse, or amend the decision designating the Dog as
a Vicious Dog and may cancel or modify any restrictions, requirements or
conditions imposed by the Animal Control Officer and impose any new or additional
restrictions, requirements, or conditions as the Director deems necessary or
appropriate in the circumstances for the safety of other domestic animals and the
public.
8.4
The Owner who has been delivered a notice designating their Dog as a Vicious
Dog must:
(a)
secure the Dog by a collar and Leash that is a maximum length of one (1)
metre when not on the Owner's Property;
(b)
ensure the Dog is not At Large within the City at any time;
(c)
ensure the Dog is not in a designated Off-Leash area in the City at any
time;
(d)
keep the Dog effectively Muzzled to prevent it from biting another Animal or
human when not on the Owner's Property;
(e)
not hitch, tie, or fasten the dog to a fixed object and leave unattended at any
time when not on the Owner's Property;
(f)
post a clearly visible sign at all points of entry onto the premises where the
Dog is being kept, whether temporarily or permanently, warning that there is
a Vicious Dog on the premises;
(g)
at all times while the Vicious Dog is on the Owner's premises, keep the Dog
securely confined indoors or confined outdoors in an Enclosure;
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(h)
meet any further restrictions, requirements and further conditions tailored to
the particular dog and circumstances set out in the notice to improve the
safety of the Dog's behavior;
(i)
within thirty (30) calendar days of being delivered the notice:
i.
ensure the Dog has permanent Identification;
ii.
provide the permanent Identification information to the Bylaw
Enforcement Officer;
iii.
obtain a City of Fernie Vicious Dog license for the Dog; and
iv.
pay the applicable fees established in Schedule A
PART 9- DANGEROUS DOGS
9.1
Where an Animal Control Officer determines that a Dog is a Dangerous Dog, the
Officer may issue written notice to the Owner of that Dog advising the Owner that
it has been designated as a Dangerous Dog and that the requirements of this
Bylaw with respect to Dangerous Dogs apply to the keeping and control of that
Dog.
9.2
An Owner who has been delivered a notice under section 9.1 designating their
Dog as a Dangerous Dog, if the Dog has not been or is no longer impounded, must
immediately comply with the requirements of section 9.7, along with additional
requirements determined by the Animal Control Officer.
9.3
The Owner may, within fourteen (14) calendar days of being delivered the notice,
request in writing that the Bylaw Services Director reconsider the decision. The
request for reconsideration must be accompanied by:
(a)
written reasons why the dog is not a Dangerous Dog; and
(b)
a written assessment of the Dog prepared by a dog behaviour specialist
within the last six (6) months.
9.4
If the written request for reconsideration referenced is received by the City within
the time specified in section 9.3, the Director responsible for Bylaw Services may
provide the Owner and any complainant with an opportunity to make
representations regarding the Dangerous Dog. The Director responsible for Bylaw
Services may consider any other information the Director considers relevant in the
matter, and may confirm, reverse, or amend the decision designating the Dog as
a Dangerous Dog and may cancel or modify any restrictions, requirements or
conditions imposed by the Animal Control Officer and impose any new or additional
restrictions, requirements, or conditions as the Director deems necessary or
appropriate in the circumstances for the safety of other domestic animals and the
public.
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9.5
No person shall own or keep any Dangerous Dog unless this Dog is licensed as a
Dangerous Dog with the City by an Owner who is over nineteen (19) years of age,
who has paid the applicable fee indicated in Schedule "A", and who keeps the Dog
in compliance with Sections 9.6, 9.7 and 9.8.
9.6
In order to obtain a licence for a Dangerous Dog, an Owner of a Dangerous Dog
shall supply the following documentation to the City;
(a)
completion of the Dog License application;
(b)
written confirmation from a licensed veterinarian that the Dog has been
Neutered or Spayed;
(c)
written confirmation from a licensed Animal trainer the services of such trainer
have been retained for the purpose of providing behavioural remediation to
the Dog;
(d)
written confirmation that the Owner has obtained a policy of liability insurance
specifically covering any damages for injuries caused by this Dog in an
amount not less than five hundred thousand dollars ($500,000), and covering
the twelve (12) month period during which licensing is sought;
(e)
written confirmation that the Dog has Permanent Identification with the
Permanent Identification information outlined on the application; and
(f)
payment of the Dangerous Dog license fee as outlined in Schedule "A".
9.7
Every owner of a Dangerous Dog shall:
(a)
secure the Dog by a collar and Leash that is a maximum length of one (1)
metre when not on the Owner's property;
(b)
ensure that the Dog is not running At Large within the City at any time;
(c)
ensure that the Dog is not in a designated off-leash area in the City at any
time;
(d)
keep the Dog effectively Muzzled to prevent it from biting another Animal of
human when not on the Owner's property;
(e)
post a clearly visible sign at all points of entry onto any premises where the
Dog is being kept, temporarily or permanently, warning that there is a
Dangerous Dog on the premises;
(f)
at all times while the Dog is on the person's premises, keep the Dog securely
confined indoors or confined outdoors in an Enclosure with a roof and locked
entry;
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(g)
within thirty (30) calendar days of receiving notice that their Dog is a
Dangerous Dog, ensure the Dog has Permanent Identification and provide
the Permanent identification information to the Animal Control Officer;
(h)
have the Dog photographed and the photo retained on file for Identification
purposes;
(i)
provide the City proof of liability insurance in the amount of not less than one
million ($1,000,000) dollars for the period of the dog license, over the
premises where the Dog is kept, to cover any claims arising out of dog bites
or dog attacks that could be caused by the Dog; and
(j)
not hitch, tie, or fasten the dog to a fixed object and leave unattended at any
time when not on the Owner's Property.
(k)
Adhere to any additional requirements as determined by the Animal Control
Officer.
9.8
The Owner of a Dangerous Dog shall promptly notify the City's Bylaw Department
if:
(a)
the Dog is found to be running At Large;
(b)
the Dog's Owner or place of residence changes; or
(c)
the Dog is given away or dies
PART 10- URBAN AGRICULTURAL ANIMALS
GENERAL REGULATIONS FOR URBAN AGRICULTURAL ANIMAL KEEPING
10.1 In this Part 10, "shelter" means, in relation to
(a)
the keeping of bees, a beehive;
(b)
the keeping of chickens or ducks, a chicken coop or duck house.
10.2 No person shall own, have in their possession, keep, cause, suffer to be kept or
have on any premises or property within the City any Urban Agricultural Animal
except as permitted in in accordance with this Bylaw in the areas and numbers
identified in Schedule B.
10.3 The Bylaw Enforcement Officer or a Provincial Apiary Inspector may enter at all
reasonable times upon any property on which Urban Agricultural Animals are kept
in order to determine compliance with this Bylaw.
10.4 Where the placement of a shelter, or the management or practices or aggressive
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honey bee behavior have resulted in substantial harm or annoyance to persons in
the vicinity or damage to property, as determined by the Bylaw Enforcement Officer
and set out in a written notice to the Owner, the Owner must carry out remedial
action as set out in the notice within a time specified in the notice.
ENCLOSURES AND FENCING FOR URBAN AGRICULTURAL ANIMAL KEEPING
10.5 The Owner of any Urban Agricultural Animals must ensure that:
(a)
the animals are contained within an enclosed area in the rear yard that
extends below ground and with a minimum height of 1.8m. In this context,
electric fencing designed and operated in accordance with best practices as
identified by WildSafeBC in their Electric Fence Guidelines is considered an
enclosure;
(c)
all enclosures are designed to deter bears and other predators from
accessing the Urban Agricultural Animals;
(c)
electric fencing is operational between March 1st and November 30th in each
calendar year; and
(d)
Within each enclosure there is adequate shelter for the Animals. This
includes chicken coops, duck houses and beehives.
SITING REQUIREMENTS FOR URBAN AGRICULTURAL ANIMAL SHELTER
10.6 The Owner of Urban Agricultural Animals must ensure that:
(a)
all shelters are positioned so that their entrance faces away from the closest
neighboring residential property line. Where two property lines are equidistant
the entrance shall be located away from the neighboring property to the side
of the principal dwelling;
(b)
all shelters have a minimum side and rear yard setback of 1.5m
(c)
all shelters are located to the rear of the principal dwelling;
(d)
If a shelter is located within 7.5m of a side or rear property line that abuts a
neighboring residential property, it must be screened from view with a solid
fence of 1.8m height or evergreen hedge of at least 1.8m in height. Such
screening must extend a minimum 12m horizontally from the shelter centered
on the shelter and parallel to the nearest side parcel line or rear parcel line;
(e)
all shelters except for beehives shall be located no higher than 0.6m above
finished grade and shall have a total maximum height of 2.5m above finished
grade; and
(f)
in order to ensure the appropriate height for a bee flight path all beehives are
located either:
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i.
at least 2.5 meters above finished grade; or
ii.
behind a fence or hedge as described in Section 47 above.
ADDITIONAL REGULATIONS FOR BEEKEEPING
10.7 In addition to the other regulations of this Bylaw, any person keeping a beehive as
permitted by this Bylaw must:
(a)
comply with provincial legislation governing the keeping of bees;
(b)
have completed the BC Bee Masters course, or such other certified
beekeeping course(s) as are approved by the Ministry of Agriculture, or have
been a registered beekeeper pursuant to the Act for the preceding five years;
(c)
adhere to good management practices and maintain the bees and hive
equipment in such a condition to reasonably prevent bee:
i.
Aggressive behavior;
ii.
Swarming;
iii.
Robbing behavior;
(d)
ensure that immediate action is taken to end swarming and/or aggressive
behavior of bees;
(e)
provide adequate water for the bees;
(f)
ensure that removal of honey for extraction is done so as to prevent
aggressive bee behavior.
PART 11- IMPOUNDING OF ANIMALS
11.1 An Animal Control Officer may seize and Impound any Animal:
(a)
which is unlicensed, if there is a requirement that it be Licensed;
(b)
unlawfully At Large on a highway or in a Public Place;
(c)
straying or trespassing on private Property;
(d)
on unfenced land and not securely tethered or contained; or
(e)
that is subject to, or appears to be, suffering that the Animal Control Officer
considers cannot be otherwise reasonably addressed.
11.2 Within one (1) day after any Animal has been Impounded, a notice will be fixed to
the Pound and posted on the City's Public Notice Board across from the Post
Office, including a description of the Animal and the date of Impoundment.
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11.3 An animal that is seized under section 11.1 may be humanely destroyed if:
(a)
the Animal is subject to, or appears to be, suffering such that the Animal
Control Officer or Pound keeper considers cannot be otherwise reasonably
addressed; or
(b)
if the Animal appears to have rabies or any incurable disease,
and in either case, the Animal Control Officer or Pound keeper may obtain the
advice of a veterinarian as to the Animal's condition.
11.4 An Impounded Animal that is known to have a contagious disease or has inflicted
a bite on another Animal or a person, may be kept in isolation at the Animal
Shelter.
11.5 Except where the Animal Control Officer has made an application to the Provincial
Court for an order that a Dangerous Dog be destroyed, or has determined that the
Dangerous Dog suffers from rabies or other incurable disease and is to be
destroyed, the Owner of a Dangerous Dog impounded pursuant to the provisions
11.1 of this bylaw, may reclaim such dangerous dog after the five (5) day
impounding period, or at such earlier time as the Animal Control Officer may
determine, on application by the Owner and upon the Owner establishing proof of
ownership;, payment of the fees set out in the Fees and Rates Bylaw.
11.6 The City will keep an Impounded Animal in the Animal Shelter for a minimum of 5
days (120 hours) after impoundment unless:
(a)
it is reclaimed sooner by the Owner; or
(b)
a determination is made pursuant to section 11.3.
11.7 Subject to the provisions of this bylaw, an Impounded Animal may be reclaimed by
its Owner after:
(a)
providing satisfactory proof of ownership and where applicable, proof of
sterilization of the Animal;
(b)
paying the Impoundment and maintenance fees as set out in "Schedule A",
and;
(c)
paying the required licence fee for any Unlicensed Dog.
11.8 The sole cost and expense of keeping and treating an Impounded or detained
Animal is the responsibility of its Owner, and must be paid in full before the Animal
is released, if the Animal Control Officer or Pound keeper deems it necessary that
the Animal:
(a)
requires any treatment;
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(b)
requires an examination by a veterinarian;
(c)
requires urgent veterinary care to alleviate any pain or suffering as
recommended by a veterinarian; or
(d)
is subject to, or appears to be, suffering such that the Animal Control Officer
or Pound keeper considers cannot be otherwise reasonably addressed.
11.9 The City may have an Impounded Animal humanely destroyed, offered by sale, or
transfer to another animal shelter, if the Animal remains unclaimed after the
expiration of 5 days (120 hours).
11.10 At the request of its Owner, upon payment of the applicable fees set out in
Schedule A, the Animal Control Officer may humanely destroy an Animal.
PART 12- ENFORCEMENT
12.1 The Animal Control Officer, and any Bylaw Enforcement Officer, may, in
accordance with the Community Charter, at all reasonable times and with
reasonable notice, enter onto any property within the City, for the purposes of
ascertaining whether the provisions of this Bylaw are being complied with.
12.2 The Animal Control Officer or any Bylaw Enforcement Officer may issue orders in
writing for compliance with this Bylaw to any person who owns, keeps, or has
custody, care or control of an Animal, and the person delivered of such order must
promptly and fully meet all requirements, restrictions and conditions set out in the
order.
12.3 A person must not take or attempt to take any Animal that is lawfully in the custody
of a Animal Control Officer, and must not interfere with, obstruct, or impede an
Animal Control Officer in the lawful performance of their duties.
PART 13- POUND
13.1 Council does hereby authorize the establishment, maintenance, and operation of
or contracting for facilities for the impounding of animals at such place or places
and upon such premises as Council may from time to time determine.
13.2 The Animal Control Officer will maintain a logbook in which is recorded the
description of every Animal Impounded; the name of the person who Impounded
the Animal, the date, time, and location of the Impoundment; the reason for
Impoundment; any boarding and licence fees and other costs owing; and the
manner in which the impounded Animal was disposed.
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PART 14- CARE OF ANIMALS
14.1 Every person who keeps any Animal must ensure the Animal is provided with:
(a)
clean potable drinking water at all times and suitable food of sufficient
quality and quantity to allow for normal growth and the maintenance of
normal body weight;
(b)
food and water receptacles that are kept clean and disinfected and located
so as to avoid contamination by excreta;
(c)
the opportunity for periodic exercise sufficient to maintain good health; and
(d)
necessary veterinary medical care when the animal exhibits signs of pain or
suffering.
14.2 No person 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
Animal's weight and type of coat;
(b)
provides sufficient space to allow any Animal the ability to turn about freely
and to easily stand, sit and lie in a normal position; at least two (2) times the
length of the Animal in all directions, and at least as high as the Animal's
height measured from the floor to the highest point of the Animal when
standing in a normal position plus 10%
(c)
provides sufficient shade to protect the Animal from direct rays of the sun at
all times;
(d)
contains bedding that will assist with the maintaining normal body
temperature; and
(e)
is regularly cleaned and sanitized, and all excreta removed and properly
disposed of at least once a day.
14.3 No Owner shall cause, permit, or allow a Dog:
(a)
to be hitched, tied, or fastened to a fixed object in such a way that the Dog is
able to leave the boundaries of the Owners property;
(b)
to be hitched, tied, or fastened to a fixed object where a Choke Collar forms
a part of the securing apparatus, or where a rope or cord is tied directly
around the Dog's neck; or be tethered other than with a collar that is properly
fitted to that Dog and attached in a manner that will not injure the Dog or
enable the Dog to injure itself by pulling on the tether;
(c)
to be hitched, tied, or fastened to a fixed object except with a tether of
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sufficient length to enable the full and unrestricted movement of the Dog;
(d)
to be hitched, tied, or fastened to a fixed object continuously for longer than
one (1) hour, regardless of whether dog is on private or public property.
14.4 No person shall keep an Animal confined in an Enclosure, or an enclosed space
including, but not limited to a motor vehicle, without sufficient ventilation to prevent
the Animal from suffering discomfort or heat related injury. Such enclosed space
or vehicle (if stationary) shall be in an area providing sufficient shade to protect the
Animal from direct rays of sun at all times.
14.5 No person may transport an Animal in a vehicle outside of the passenger
compartment or in an uncovered passenger compartment unless it is adequately
confined to a pen or cage or secured in a body harness or other manner of
fastening to prevent it from jumping, falling off the vehicle or otherwise injuring
itself.
14.6 Notwithstanding any other provision of this bylaw, no person shall:
(a)
abandon any Animal;
(b)
tease, torment, or provoke an Animal;
(c)
cause, permit or allow an Animal to suffer; or
(d)
train or allow any Animal to fight.
14.7 No person shall keep more than three (3) Dogs on any Property except as
otherwise permitted under a zoning bylaw.
14.8 Every Owner of an Animal shall ensure that the Animal does not produce any
noise or continuous sound in excess of fifteen (15) minutes which disturbs or
tends to disturb the quiet, peace, rest, comfort, convenience, or enjoyment of the
neighbourhood or of persons in the vicinity.
14.9 Every Owner of an Animal, other than a Service Dog, must obey all posted signs
in a Public Place that applies to the control of the Animal.
14.10 Every Owner of an Animal shall, at the request of a Bylaw Enforcement Officer,
produce identification and state correctly his or her name and address. If the owner
cannot produce identification, then the owner shall state correctly his or her name
and address.
PART 15- VIOLATION AND PENALTY
15.1 A person who:
(a) violates any provisions of this bylaw;
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(b) causes or allows 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 required under this bylaw,
commits an offence, and each day that the offence continues shall constitute a
separate and distinct offence.
15.2 Every person who commits an offence under this bylaw is liable to pay:
(a)
a fine and penalty of not more than $1,000.00 if issued a ticket under the
Municipal Ticket Information Bylaw No. 2041, 2006; or
(b)
a fine and penalty of not more than $10,000.00 and not less than $500.00 for
each offence if prosecuted under the Offence Act, R.S.B.C., Chapter 338.
PART 16- GENERAL
16.1 Schedules A and B are attached to and form part of this Bylaw.
16.2 The Corporation of the City of Fernie Bylaw 2346, "Animal Control Bylaw" and all
amendments thereto, are hereby repealed.
This bylaw shall take full force and effect upon the date of adoption.
READ A FIRST TIME this 25th day of May, 2021.
READ A SECOND TIME this 25th day of May, 2021.
READ A THIRD TIME this this 25th day of May, 2021.
ADOPTED this 14th day of June, 2021.
Mayor
Corporate Officer
I hereby certify the foregoing to be the
original Bylaw No. 2436.
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Schedule A - Fees
****Description of Fees and Charges***
Fee
Dog Licences
One neutered male or spayed female dog;
$15.00
One unneutered male or open female dog;
$35.00
Replacement tag.
$1.00
Aggressive Dog
$150.00
Vicious Dog
$227.00
Dangerous Dog
$567.00
Impoundment
first impoundment:
$50.00
second impoundment:
$75.00
third and subsequent impoundments:
$100.00
Impoundment of an Aggressive Dog
$100.00
Impoundment of a Vicious Dog
$300.00
Impoundment of a Dangerous Dog
$500.00
Board fees of $10.00 per day, commencing at
midnight on the day of impoundment.
$10.00 per
day
Cremation
Services
Cremation of Animal
$50.00 +
Actual Cost of
Veterinarian
Services.
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Schedule B - Urban Agricultural Animal Keeping area and number restrictions
Urban agricultural animal keeping is permissible in the following areas as identified in the City's
Zoning Bylaw as amended from time to time and in the following numbers. Unless listed below
urban agricultural animal keeping is prohibited.
Zone as identified in the
City's Zoning Bylaw
Maximum number of
Beehives per parcel
Maximum number of poultry
per parcel
R1 - Single Family
Residential
2 beehives
Prohibited
R1B - Single Detached Plus
Residential
2 beehives
Prohibited
RR - Rural Residential
On parcels <0.403ha: 2
beehives
On parcels >0.403ha: 6
beehives
Prohibited
RWF - Residential West
Fernie
1 beehive
6 female chickens or ducks or
any combination thereof
RWF1 - Residential West
Fernie Steep Slope
1 beehive
6 female chickens or ducks or
any combination thereof
P1 - Public Institutional Zone
2 beehives
Prohibited
P2 - Parks and Open Space
2 beehives
Prohibited