This is the exact embedded text of the captured official document.
Snapshot 230f44e3bbaa · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
DISTRICT OF FORT ST. JAMES
ANIMAL REGULATION
BYLAW NO. 833, 2006
OFFICE CONSOLIDATION
MARCH 27, 2025
This consolidation of "District of Fort St. James Animal Regulation Bylaw No. 833, 2006" is
provided for convenience only. This consolidation has no Council sanction, amendments have
been incorporated for convenience only, and that for all purposes of interpretation and application
the original bylaws should be consulted.
The District of Fort St. James will, in no event, be liable for damages of any kind arising from the
use of this consolidation.
This is not the official version of "District of Fort St. James Animal Regulation Bylaw No. 833,
2006". A copy of the official version may be obtained from the District office or by contacting us at
[email protected].
Bylaw No.
Sections Amended
Date
Bylaw No. 962, 2006
Section 2.48 inserted, definition for hen
Subsection 5.1 repealed and replaced
Subsection 5.2 inserted following 5.1
June 22, 2016
Bylaw No. 974, 2017
Subsection 2.8 Bee Definition amended
Subsection 5.3 repealed and replaced
June 28, 2017
Bylaw No. 1081, 2025
Section 2.3 Animal Control Officer deleted
and replaced
January 28, 2025
DISTRICT OF FORT ST. JAMES
ANIMAL REGULATION
BYLAW NO. 833, 2006
Table of Contents
PART 1 TITLE ................................................................................................................................................................. 3
PART 2 DEFINITIONS ................................................................................................................................................... 3
PART 3 ANIMALS - GENERAL ................................................................................................................................... 7
3.1
General Prohibition - All Animals ............................................................................................................. 7
3.2
Basic Animal Care Requirements ............................................................................................................. 7
3.3
Keeping of Outdoor Animals ...................................................................................................................... 7
3.4
Authority to Enter Onto Property............................................................................................................... 8
3.5
Animals in Custody...................................................................................................................................... 8
PART 4 HOUSEHOLD PETS ......................................................................................................................................... 8
4.1
Maximum number of Household Pets...................................................................................................... 8
4.2
Dogs ............................................................................................................................................................... 8
4.3
Birds ............................................................................................................................................................. 10
PART 5 ANIMALS OTHER THAN HOUSEHOLD PETS ........................................................................................... 10
5.1
Poultry ......................................................................................................................................................... 10
5.2
Backyard Hens ........................................................................................................................................... 10
5.2
Domestic Farm Animals ........................................................................................................................... 11
5.3
Beekeeping ................................................................................................................................................. 12
5.4
Wild Animals ............................................................................................................................................... 13
PART 6 ANIMAL SHELTER ........................................................................................................................................ 13
6.1
Establishment of Animal Shelter ............................................................................................................ 13
6.2
Duties and obligations of the Contractor ............................................................................................... 13
6.3
Authority of Animal Control Officer - General ...................................................................................... 14
6.4
Authority of Animal Control Officer - Dangerous Dogs ....................................................................... 14
6.5
Reclaiming an Impounded Animal .......................................................................................................... 16
PART 7 OFFENCES AND PENALTIES ...................................................................................................................... 16
7.1
Ticket Information ..................................................................................................................................... 16
7.2
Violations .................................................................................................................................................... 16
READ A FIRST, SECOND AND THIRD TIME THIS 10th DAY OF MAY, 2006 .......................................................... 17
ADOPTED THIS 24th DAY OF MAY, 2006. ................................................................................................................. 17
SCHEDULE "A" IMPOUNDMENT FEES ...................................................................................................................... 18
SCHEDULE "B" APPLICATION FOR A LICENCE ....................................................................................................... 20
SCHEDULE "C" LICENCE FEES ................................................................................................................................... 21
SCHEDULE "D" FINES .................................................................................................................................................. 22
The Council of the District of Fort St. James, in open meeting assembled, enacts as follows:
Bylaw
1081
PART 1 TITLE
1.1 This Bylaw may be cited for all purposes as "District of Fort St. James Animal
Regulation Bylaw No. 833, 2006".
1.2 This Bylaw includes:
(a)
Schedule "A" - Impoundment Fees
(b)
Schedule "B" - Information to Accompany Application for a Licence
(c)
Schedule "C" - Licence Fees
(d)
Schedule "D" - Fines
1.3 If any section, subsection, sentence, clause or phrase of this Bylaw is for any
reason held to be invalid by a decision of any court of competent jurisdiction, the
invalid portion shall be severed, without affecting the remainder of this Bylaw.
1.4 Metric dimensions are used in this Bylaw.
1.5 In this Bylaw words imparting the male gender include the female gender and
either includes the neuter and vice versa, and words imparting the singular
number include the plural number and vice versa.
1.6 The "Village of Fort St. James Dog Control Bylaw No. 200, 1976" and all
amendments thereto are hereby repealed.
PART 2 DEFINITIONS
In this Bylaw, unless the context shall otherwise require:
2.1 Administrator means the person appointed by Council to the position of
Administrator of the Municipality.
2.2 Animal means:
(a) a household pet
(b) poultry
(c) wild animal
(d) companion animal
(e) domestic farm animal
2.3 Animal Control Officer means any person appointed by Council as an Animal
Control Officer or Bylaw Enforcement Officer.
2.4 Animal Shelter means any facility designated by Council as an Animal Pound, as
provided for in the Local Government Act.
2.5 Apartment Building means a building containing three or more dwelling units.
Bylaw
974
2.6 Assistance Dog means a dog specifically trained to assist a person with
disabilities in the performance of daily activities.
2.7 Aviary means a building, cage or structure for the breeding or keeping of birds,
other than poultry.
2.8 Bee means honeybees kept in an apiary that is registered under the provisions of
the Province of B.C. BEE REGULATION 3/2015.
2.9 Building means a structure having a roof supported by columns or walls used for
the shelter or accommodation of persons, animals or chattels.
2.10 Bylaw Enforcement Officer means:
(a) an Animal Control Officer; or
(b) a person appointed as Bylaw Enforcement Officer of the Municipality; or
(c)
a Police Officer.
2.11 Cat means a household pet of the feline species and includes a kitten.
2.12 Companion Animal means an animal kept as a household pet or as a guide animal.
2.13 Council means the current Council of the Municipality
2.14 Dangerous Dog means:
(a) any dog that has killed or injured:
(i)
a person, or
(ii)
a companion animal or domestic farm animal while running at large; or
(b) any dog that an Animal Control Officer has reasonable grounds to believe is
likely to kill or seriously injure a person;
(c) any dog that aggressively harasses or pursues a person or companion animal
or domestic farm animal while running at large; or
(d) any dog owned, primarily or in part, for the purpose of dog fighting or that is
trained for dog fighting;
(e) any dog that, according to the records of the SPCA, RCMP or other
municipality, or to the knowledge of the owner, has killed, injured, or
aggressively harassed or pursued a person or animal.
2.15 Designated Dog Off-Leash Area means an area posted by sign, which defines the
geographic area and/or time period that dogs can be off-leash.
2.16 Destruction means the humane killing of an impounded animal by the Animal
Control Officer.
2.17 Dog means any member of the canine species which is six (6) or more months of
age.
2.18 Domestic Animal means an animal that is tame or kept, or that has been or is
being sufficiently tamed or kept, to serve some purpose for the use of people.
2.19 Domestic Farm Animal means a horse, mule, donkey, emu, hinny, llama, ostrich,
pot belly pig, swine, sheep, goat or cow, or other animal of the bovine species, but
excludes a household pet.
2.20 Duplex means a detached building used exclusively for residential purposes
containing two dwelling units only.
2.21 Dwelling Unit means a suite of one or more rooms designed for or occupied by
one family only as a single housekeeping unit providing cooking, sanitary and
sleeping facilities.
2.22 Enclosure means a securely enclosed and locked structure having a concrete,
asphalt or wooden floor and a wire or steel mesh sides and roof, which is
sufficient to prevent the entry of unauthorized persons or the escape of a dog.
2.23 Exotic Bird means those avian species which are not normally native to the
Province of British Columbia.
2.24 Household Pet means a domesticated animal or bird normally kept:
(a) in a single-family dwelling, a duplex or an apartment building, and
(b) for pleasure rather than utility.
2.25 Impounded means seized, delivered, received or taken into the animal shelter, or
into the custody of an Animal Control Officer or Police Officer.
2.26 Kennel means any building or structure intended for the accommodation of four or
more dogs, together with any fenced animal runs accessory or incidental to it.
2.27 Kennel Licence means a licence issued for the keeping or harbouring of four or
more dogs.
2.28 Kitten means a member of the feline species which is less than six (6) months of
age.
2.29 Leash or Leashed means a device, or use of a device, of leather, metal, nylon or
other similar strong material no more than three (3) metres in length and of
sufficient strength and design to restrain the size and strength of animal for which
it will be (or is being) used. One end must remain securely affixed to a collar or
harness securely attached to the animal with the other end held by a person
capable of controlling the animal at all times.
2.30 Licence means a licence issued for the keeping or harbouring of one dog, which
when issued is valid and subsisting for the current calendar year
2.31 Licence Fees means the fees specified in Schedule "B" which are charged for
issuing a licence.
2.32 Maintenance Fees means the fees specified in Schedule "A" which are charged, for
each day that an animal or bird is impounded, commencing the day after
impoundment.
2.33 Municipality means the District of Fort St. James.
2.34 Muzzled means humane fastening of a covering device of adequate strength
placed over the mouth of a dog designed to prevent the dog from biting or injuring
any person or another animal.
2.35 Single-Family Dwelling means a detached building used exclusively for residential
purposes, containing one dwelling unit only.
2.36 Own/Owner/Owned includes possessor, harbourer, or keeper and "owned" includes
possessed, harboured, or kept.
2.37 Parcel means a lot, block, or other area in which land is held or into which land is
legally subdivided.
2.38 Pigeon means a bird of the family columbidae.
2.39 Police Officer means a member of the Royal Canadian Mounted Police.
2.40 Poultry means a chicken, rooster, turkey, goose, duck, fowl, or other bird normally
kept for human consumption, excluding household pets, exotic birds and
registered homing pigeons used for hobby or show purposes or racing.
2.41 Puppy means a member of the canine species which is less than six (6) months of
age.
2.42 Residential means a use which pertains clearly to the accommodation and home
life of a family, and includes a group home with a maximum of 10 residents, but
specifically excludes any facility operated under the jurisdiction of the Correction
Act.
2.43 Running At Large (in reference to a dog) means any one of the following:
(a) being elsewhere than confined on the premises of the owner, while not on a
leash and in the immediate and effective control of a competent person;
(b) being on any property without the consent of the owner or occupier of that
property;
(c) being in a designated dog off-leash area, where permitted, but not under the
effective control of the owner; or
(d) with respect to a dangerous dog, means any dangerous dog which is not kept
in compliance with the requirements of subsection 4.2.5.
2.44 Running At Large (in reference to an animal other than a cat or dog) means being
elsewhere than on the premises of the owner while not under the control of the
owner.
2.45 Structure means a construction of any kind whether fixed to, supported by, or sunk
Bylaw 962
into land or water.
2.46 Unlicenced Dog means any dog for which the licence for the current year has not
been obtained.
2.47 Wild Animal means an animal not ordinarily tame or domesticated.
2.48 "Hen" means a domesticated female chicken that is at least four (4) months old.
PART 3 ANIMALS - GENERAL
3.1 General Prohibition - All Animals
3.1.1 A person must not cause any animal to be confined in an enclosed space,
including a vehicle, without adequate ventilation.
3.1.2 A person must not permit any animal to create a nuisance or disturb or
interfere with the quiet, peace or enjoyment of another person's property.
3.1.3 A person must not permit any parcel where animals are kept to be
maintained in an unsanitary condition, or allow feces to accumulate and
cause, in the opinion of the Bylaw Enforcement Officer, an objectionable
odour.
3.1.4 A person must not permit any animal other than a cat to be running at large.
3.2 Basic Animal Care Requirements
A person must not keep an animal unless such animal is provided with:
(a)
clean potable drinking water at all times and suitable food of sufficient
quantity and quality to allow for normal growth and the maintenance of
normal body weight;
(b)
food and water receptacles which are kept clean;
(c)
periodic exercise sufficient to maintain good health
(d)
necessary veterinary medical care when such animal exhibits signs of pain or
suffering.
3.3 Keeping of Outdoor Animals
A person must not keep an animal which normally resides outdoors, or which is
kept outdoors for extended periods of time, unless such animal is provided with
an outdoor shelter which
(a) provides sufficient protection from heat, cold, damp, and direct sunlight,
relative to the weight and type of protective outer coat of such animal.
(b) is cleaned and sanitized of all feces.
3.4 Authority to Enter Onto Property
3.4.1 A Bylaw Enforcement Officer is authorized to enter at all reasonable times,
onto any parcel within the Municipality to determine whether the provisions
of this Bylaw are being complied with.
3.4.2 A person shall not interfere with or prevent a Bylaw Enforcement Officer from
entering onto any parcel within the Municipality to determine whether the
provisions of this Bylaw are being complied with.
3.5 Animals in Custody
A person must not rescue or attempt to rescue any animal lawfully in the custody
of an Animal Control Officer.
PART 4 HOUSEHOLD PETS
4.1 Maximum number of Household Pets
Subject to the maximums per species in this part, a person may keep
(a) a maximum of five (5) household pets in a single-family dwelling or duplex; or
(b) a maximum of three (3) household pets in a unit of an apartment building.
The limits prescribed in this section do not include any litter of puppies or kittens.
4.2 Dogs
4.2.1 Number of Dogs Permitted
(a) A person in a unit of an apartment building must not permit more than
two dogs to be kept in such unit at any time.
(b) A person in a single-family dwelling or duplex may not permit more than
three dogs to be kept or harboured on a parcel without having procured
a valid kennel licence.
4.2.2 Owner Obligations - Licencing
Every owner of a dog shall hold a valid and subsisting licence for each dog
owned, and shall procure the licence by making application to the
Administrator and supplying the information specified in Schedule "B" and
the licence fees specified in Schedule "C".
4.2.3 Owner Obligations - Leashing
Every owner of a dog must keep such dog that is on any street or in a public
place on a leash at all times, except in areas posted as designated dog off-
leash areas, and when such dog is unleashed, the owner must at all times:
(a) carry a leash; and
(b) keep the dog in view; and
(c) maintain effective control of the dog so that the dog immediately
returns when signalled; and
(d)
immediately leash such dog when the dog exhibits aggressive
behaviour.
4.2.4 Owner Obligations - Cleaning up
Every owner of a dog other than an assistance dog must ensure that any
feces deposited on any parcel, other than the parcel of the owner, is cleaned
up immediately, whether or not the dog is under such owner's care and
control at the time of the breach.
4.2.5 Owner Obligations - Confinement
(a) Every owner of a dog must ensure that such dog, while on the premises
owned or controlled by the owner, is securely confined to the premises.
(b) Every owner of a dangerous dog must ensure that such dog is not
allowed on any street or in any public place, or any other place that is
not owned or controlled by that person, unless such dog is:
(i)
on a leash; and
(ii) muzzled; and
(iii) under the care and control of an owner.
(c) Every owner of a dangerous dog must keep such a dog securely
confined at all times, either indoors, or in an enclosure, while the dog is
on the premises owned or controlled by such person.
4.2.6 Owner Obligations - Kennels
(a) A person must not build, construct, reconstruct or maintain a kennel
until the design and location of such kennel has been approved by the
Municipality with respect to building permit requirements.
(b) A person must, before being issued a kennel licence, have the kennel
inspected and approved by the building inspector.
Bylaw 962
Bylaw 962
4.3 Birds
4.3.1 A person must not build, construct, reconstruct or maintain an aviary until the
design and location of such aviary has been approved by the Municipality
with respect to building permit requirements.
4.3.2 An owner of birds must not allow such birds to perch, roost or nest on the
land or buildings of any person in the Municipality, or to stray, feed, or roost
on any highway or public place, except:
(a) on the property of which the holder is the owner or lessee;
(b) for the purpose of exercising or racing, and only when such birds are
under the control of the owner.
4.3.3 A person may keep a maximum of
(a) five (5) birds in a single-family dwelling or duplex.
(b) two (2) birds in a unit of an apartment building.
PART 5 ANIMALS OTHER THAN HOUSEHOLD PETS
5.1 Poultry
A person must not keep poultry:
(a)
on any parcel unless the parcel is zoned Singe Family Residential (R-1) or
Rural Residential (RU-1, RU-2 or RU-3) under the current zoning bylaw.
(b)
in, upon, or under any structure used for human habitation.
5.2 Backyard Hens
5.2.1 In the R-1 (Residential - Single Family) zoning district, the keeping of up to four
(4) backyard hens is permitted for personal use, provided that no neighbourhood
health, environmental or nuisance problems result. Roosters are prohibited.
A person who keeps one or more hens, must:
(a)
Reside on the property where the hens are kept, or obtain written permission
from the property owner;
(b)
Situate hens in a back or side yard which is fully fenced;
(c)
Situate coops at least on and a half meters from the property line and three
meters from windows and doors off dwelling;
(d)
Provide each hen with at least 0.5 meters squared of coop floor area, and at
least 1.0 meters of roofed outdoor enclosure;
(e)
Provide and maintain, in each coop, at least one perch, for each hen, that is
at least fifteen centimeters long, and one nest box;
(f)
Provide and maintain a floor of any combination of vegetated or bare earth
in each outdoor enclosure;
(g)
Not keep hens in a cage;
(h)
Provide each hen with food, water, shelter, light, ventilation, veterinary care,
and opportunities for essential behaviours such as scratching, dust-bathing,
and roosting, all sufficient to maintain the hen in good health;
(i)
Maintain each hen enclosure in good repair, in a manner that prevents
entrance by other animals (fully enclosed) and keep the enclosure in
sanitary condition, free from vermin and obnoxious smells and substances;
(j)
Follow biosecurity procedures recommended by the Canadian Food
Inspection Agency;
(k)
Keep hens for personal use only, and not sell eggs, manure, meat, or other
products derived from hens; and
(l)
Not slaughter, or attempt to euthanize, a hen on the property.
5.2 Domestic Farm Animals
5.2.1 General requirements
Every person keeping a domestic farm animal must ensure that:
(a) flies and other insects are kept under control by good manure
management and by the use of approved insecticides approved by the
Pesticide Branch of the Ministry of Environment;
(b) both the inside and outside of any building, pen, stable, shed or structure
housing a domestic farm animal is kept clean;
(c) manure does not accumulate on any parcel except in a properly
contained manner so that runoff to public watercourses or onto
adjacent properties does not occur;
(d) any manure resulting from the keeping of domestic farm animals that
has not been suitably treated by dehydration or composting to stabilize
the organic matter must be incorporated into the soil within eight (8)
hours; and
Bylaw 974
(e) any person allowing a domestic farm animal access to an outdoor area
must ensure that dust caused by such domestic farm animal is
minimized.
5.2.2 A person must not keep a domestic farm animal in any single-family dwelling,
duplex or apartment building.
5.2.3 A person must not keep a domestic farm animal on any parcel except as
permitted under the current zoning bylaw.
5.3 Beekeeping
5.3.1 General Requirements
All beekeepers in the District of Fort St. James must register with the BC Ministry
of Agriculture, and follow Bee Regulation 3/2015.
It is the responsibility of the owner of the property or the beekeeper managing
beehives on the property to:
(a)
Adhere to good management practices and maintain beehives in a condition
that will reasonably promote bee health, and prevent swarming and
aggressive behavior.
(b)
Provide adequate water to prevent bees from seeking water in neighbouring
water sources.
(c)
Ensure the beehives are located in such a way as to ensure adequate sun
exposure and airflow for the health of the bees.
(d)
Beekeepers must notify surrounding neighbours about the installation of
beehives.
(e)
Keep bees on a parcel of land which is equal to or greater than 370 m2.
(f)
Locate beehives in the rear yard of the property.
(g)
Orient beehive to face away from adjacent properties, lanes, and streets and
is sited so as to allow a clear flight path of at least 7.5 m straight ahead
from the front of the beehive to any property line and 3.0 m from the side
and rear of the beehive to any property line, except where the beehive is:
(i)
Sited behind a solid fence or hedge that is at least 1.8 m in height, in
which case the 7.5 m setback may be reduced to 6.0 m and the 3.0 m
setback may be reduced to 1.0m; or
(ii)
Elevated such that the underside of the beehive is raised a minimum of
2.5 m above ground level, in which case 7.5 m setback may be reduced
to 3.0 m.
5.3.2 General Prohibitions
A person must not locate a beehive or colony of bees:
(a)
On any parcel unless the parcel is zoned Residential-Single Family (R-1) or
Rural Residential (RU-1, RU-2 or RU-3) under the current zoning bylaw.
5.3.3 The maximum number of beehives/colonies permitted is as follows:
(a)
A person must not keep more than two (2) colonies of bees on a parcel
designated Single Family (R-1).
(b)
A person must not keep more than four (4) colonies of bees on a parcel
designated Rural Residential (RU-1, RU-2 or RU-3).
5.4 Wild Animals
A person must not keep any wild animal in captivity on a parcel unless, in the
opinion of the Animal Control Officer, adequate provision is made to ensure that
such wild animal is securely contained on such parcel and poses no risk to public
safety.
PART 6 ANIMAL SHELTER
6.1 Establishment of Animal Shelter
Council may enter into an agreement with a contractor to operate an animal
shelter.
6.2 Duties and obligations of the Contractor
The agreement specified in subsection 6.1 may establish the duties of the
contractor with regard to:
(a) the operation of an animal shelter, including but not limited to:
(i)
hours of operation;
(ii)
building maintenance and operating costs;
(iii) an automated telephone answering system for emergency messages;
(iv) cleanliness and sanitation;
(v)
the care and feeding of, and the provision of veterinary care, where
necessary, for all impounded animals;
(b) the provision of animal control services, including but not limited to:
(i)
the provision of equipment, including vehicles and communication
systems;
(ii)
the impoundment of animals;
(iii) the undertaking of patrols;
(iv) the keeping of records of impoundment, finances and animal disposal;
(v)
the disposal by sale, or by humane destruction, of impounded animals;
(vi) the removal and disposal of dead animals;
(vii) dealing with public complaints about animals; and
(viii) attending to and transporting animals running at large;
(c) the provision and supplying of an adequate number of trained Animal Control
Officers;
(d) the issuing of tickets, including court attendance as and when necessary.
6.3 Authority of Animal Control Officer - General
6.3.1 An Animal Control Officer or any Police Officer may seize any animal found
running at large and impound such animal for up to four (4) days, or until such
animal is reclaimed by an owner within that time.
6.3.2 If an impounded animal is not reclaimed within four (4) days of
impoundment, such animal may be disposed of by an Animal Control Officer,
by destruction, private sale or gift, or sale by auction.
6.3.3
An Animal Control Officer may sell any animal impounded under
subsection 6.3.1, which has not been reclaimed, and after deducting the
impounding fees and maintenance fees accruing in respect of such animal,
and if applicable, the cost of advertising the sale, must pay any surplus within
thirty (30) days to the Administrator.
6.3.4
Where the owner of any impounded animal is known, the Administrator
must pay any surplus funds of sale, to such owner.
6.3.5
Where, after three (3) months from the date of the sale, such owner is
unknown, any surplus funds of sale not claimed during that time are forfeited
to the Municipality.
6.4 Authority of Animal Control Officer - Dangerous Dogs
6.4.1 Any dangerous dog running at large:
(a) may be impounded by an Animal Control Officer;
(b) must, upon request, be immediately delivered to the animal shelter or to
an Animal Control Officer, by the owner; and
(c) must be kept quarantined at the animal shelter for a period of seven (7)
days at the owner's expense, including the maintenance fees shown in
section 1 of Schedule "A".
6.4.2 Before exercising the power under subsection 6.4.1, in the case of a dog
that has acted as described in clause (a)(i) or (a)(ii) of the definition of
dangerous dog, the Animal Control Officer must consider whether the dog
was acting while in the course of
(a) attempting to prevent a person from committing an unlawful act, or
(b) performing law enforcement work.
6.4.3 Subject to the provisions of this Part, an Animal Control Officer or Police
Officer may seize a dog if the officer believes on reasonable grounds that
the dog is a dangerous dog.
6.4.4 An Animal Control Officer or a Police Officer may enter a place to impound a
dangerous dog
(a) with the consent of the owner, or
(b) in accordance with a warrant issued under subsection 6.4.5 or 6.4.6, or
(c) in accordance with subsection 6.4.7.
6.4.5 A justice who is satisfied by evidence given under oath or affirmation that
there are reasonable grounds to believe that there is in a place a dog that
(a) has killed or seriously injured a person,
(b) is likely to kill or seriously injure a person, or
(c) has killed or seriously injured a companion animal or domestic animal,
may issue a warrant authorizing an Animal Control Officer or Police Officer to
enter and search the place and to seize the dog.
6.4.6 If it is impracticable for an Animal Control Officer to appear personally
before a justice to apply for a warrant in accordance with subsection 6.3.8,
the Animal Control Officer may apply for a warrant in accordance with
section 22 of the Offence Act.
6.4.7 Subject to subsection 6.4.8, an Animal Control Officer may, without a
warrant, enter and search any place except a dwelling unit and seize a dog if
the Animal Control Officer believes on reasonable grounds that:
(a) the dog is a dangerous dog,
(b) the dog presents an imminent danger to the public, and
(c) the purpose of seizing the dog cannot reasonably be accomplished if
the Animal Control Officer is required to obtain a warrant.
6.4.8 For the purposes of subsection 6.4.7, an Animal Control Officer must be
accompanied by a Police Officer.
6.4.9 In addition to the authority under the Community Charter an Animal Control
Officer may apply to the Provincial Court for an order that a dog that the
officer has reasonable ground to believe is a dangerous dog be destroyed in
the manner specified in the order.
6.4.10 A dangerous dog seized pursuant to this Bylaw may not be impounded for
more than 21 days unless proceedings under subsection 6.4.9 of this Bylaw
or under the authority of the Community Charter are commenced within that
time.
6.5 Reclaiming an Impounded Animal
6.5.1
The owner of any animal impounded under this Part, may reclaim such
animal on application to an Animal Control Officer, by paying the applicable
impoundment fees and maintenance fees specified in Sections 1 and 2 of
Schedule "A".
6.5.2
Where the owner of an impounded animal is known, such owner must pay
the maintenance fees specified in Section 2 of Schedule "A", even if the owner
fails or neglects to reclaim the impounded dog.
6.5.3
The charging of impoundment fees under subsection 6.5.1 in no way
affects, derogates from or takes away from the ability to exercise the
authority provided in subsection 6.4.9 to apply for an order that a dangerous
dog be destroyed.
PART 7 OFFENCES AND PENALTIES
7.1 Ticket Information
If an information is laid by means of a ticket, the owner shall be liable to pay a fine
as specified
in Schedule "D" of this Bylaw.
7.2 Violations
Any person who:
(a) violates or who causes or allows any of the provisions of this Bylaw to be
violated; or
(b) fails to comply with any of the provisions of this or any other Bylaw or
applicable statute; or
(c) neglects or refrains from doing anything required under the provisions of this
Bylaw, is deemed to have committed an infraction of or an offence against
this Bylaw, is liable on summary conviction to the penalties provided for in
the Offence Act, and each day that such violation is caused, or allowed to
continue, constitutes a separate offence.
READ A FIRST, SECOND AND THIRD TIME THIS 10th DAY OF MAY, 2006
ADOPTED THIS 24th DAY OF MAY, 2006.
[Original signed] [Original Signed]
__________________________________
___________________________________
Rob MacDougall, Mayor
Nigel Black, CAO
SCHEDULE "A" IMPOUNDMENT FEES
The following fees shall be applicable when an animal is impounded:
1.
IMPOUNDMENT FEES
1.1 Dogs
(a)
First impoundment in any calendar year:
Neutered Male or Spayed Female
$ 40.00
Non-Neutered or Unspayed
$60.00
(b)
Second impoundment in any calendar year:
Neutered Male or Spayed Female
$80.00
Non-Neutered or Unspayed
$120.00
(c)
Third and subsequent impoundments in any calendar year:
Neutered Male or Spayed Female
$120.00
Non-Neutered or Unspayed
$180.00
1.2
Dangerous Dogs**
(a)
First impoundment in any calendar year:
$250.00**
(b)
Second and subsequent impoundments in any calendar year:
$500.00**
**
Subject always to the power set out in section 6.3.12 to apply for an order that a dog be destroyed.
1.3 Unlicenced Dogs
Where an impounded dog is not currently licenced, a licence fee and a late penalty (if applicable) shall be charged,
as specified in Schedule "C", in addition to the applicable fees payable under sections 1 and 2 of this schedule.
1.4 Birds or Poultry
Per bird
$5.00
1.5
Domestic Farm Animal
Per domestic farm animal
$60.00 plus transportation costs
1.6
Other Animals
Per animal
$30.00 plus transportation costs
2.
MAINTENANCE FEES
Where an animal is impounded, the owner shall pay a maintenance fee for each day or portion of a day, per animal:
(a)
Dog
$10.00
(b)
Cat
$10.00
(c)
Bird or Poultry
$2.00
(d)
Domestic Farm Animal
$30.00
(e)
Other Animal
$10.00
3.
DESTRUCTION FEES
Where an animal is destroyed while impounded, the owner shall pay the following fees:
(a)
Dog
$25.00
(b)
Cat
$25.00
(c)
Birds or Poultry
$10.00
(d)
Domestic Farm Animal
$50.00
(e)
Other Animals
$25.00
SCHEDULE "B" APPLICATION FOR A LICENCE
The following information shall accompany an application for a dog licence:
(a)
Owner's name;
(b)
Owner's physical address;
(c)
Owner's mailing address;
(d)
Owner's telephone number;
(e)
Dog's name;
(f)
Dog's breed;
(f)
Dog's colour;
(g)
Dog's sex; and
(h)
Whether or not the dog is spayed or neutered.
The above information shall be maintained by the Administrator along with the number and date of the licence tag
issued.
SCHEDULE "C" LICENCE FEES
1.
LICENCE FEES
The following licence fees shall be payable on the 31st day of January in each year:
(a)
Neutered Male Dog
$15.00
(b)
Un-neutered Male Dog
$25.00
(c)
Spayed Female Dog
$15.00
(d)
Unspayed Female Dog
$25.00
(e)
Assistance Dog
$0.00
(f)
Late Penalty
$10.00
(g)
Replacement Licence Tag
$5.00
(h)
Kennel Licence
$50.00
Upon payment of the annual licence fee the Administrator shall issue to the owner a numbered metal tag stamped
for the current year, which the owner shall attach to the dog's collar.
The Administrator shall maintain a record of all licences issued under this Bylaw.
2.
FIRST LICENCE
When a dog has not been licenced for any calendar year, a licence shall be procured by the owner:
(a)
by the 31st day of January of the current year; or
(a)
within six months after the dog's date of birth; or
(b)
within one month of acquisition of the dog.
A late penalty may be charged if application for a licence is not made within the limits specified above.
SCHEDULE "D" FINES
The following fines are prescribed for the purposes of this Bylaw:
3.1.1
Improper confinement of animal
$50.00
3.1.2
Permit animal to cause a nuisance
$50.00
3.1.3
Failure to keep premises in sanitary
condition
$50.00
3.1.4
Permit animal to be running at large
Applicable
Impoundment Fees
3.2
Failure to meet care requirements
$50.00
3.3
Improper shelter
$50.00
3.4.2
Interfere with Animal Control Officer
$100.00
3.5
Interfere with animal in custody
$100.00
4.1
Exceed maximum number of household
pets
$25.00
4.2.1
Exceed maximum number of dogs
$25.00
4.2.2
Failure to licence dog
Applicable
Licence Fees
4.2.3
Failure to keep dog on leash
$25.00
4.2.4
Failure to clean up after dog
$25.00
4.2.5
Failure to keep dog securely confined
$25.00
4.3.2
Allow bird to stray
$25.00
4.3.3
Exceed maximum number of birds
$25.00
5.1
Keeping poultry contrary to requirements
$25.00
5.2
Keeping domestic farm animals contrary
to requirements
$25.00
5.3
Keeping bees contrary to requirements
$100.00
5.4
Keeping a wild animal at risk to public
safety
$100.00