Dog Responsibility and Control Bylaw No. 34-42, 2011 — full text

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CITY OF KAMLOOPS DOG RESPONSIBILITY AND CONTROL BYLAW NO. 34-42 Effective Date - May 31, 2011 Consolidated for Convenience Only This is a consolidation of "City of Kamloops Dog Responsibility and Control Bylaw No. 34-42, 2011". The amendment bylaws listed below have been combined with the original bylaw for convenience only. This consolidation is not a legal document. The original bylaws should be consulted for all interpretations and applications on this subject. Amendment Bylaws Effective Date Bylaw No. 34-43 Amends liability requirement September 20, 2011 Bylaw No. 34-44 Amends licence rates January 31, 2012 Bylaw No. 34-45 Exempts assistance/guide dogs from two-dog limit January 22, 2013 Bylaw No. 34-47 Fee Increases January 1, 2015 Bylaw No. 34-49 Amends definitions; adds permanent tags, penalty for failing to pay an annual licence; and replaces Schedules "D" and "E". April 7, 2020 Bylaw No. 34-50 Amends licensing due dates October 20, 2020 Bylaw No. 44-13 Consequential amendments due to adoption of Fees and Charges Bylaw No. 44-14. July 29, 2025 The bylaw numbers in the margins of this consolidation refer to the bylaws that amended the principal bylaw "City of Kamloops Dog Responsibility and Control Bylaw No. 34-42, 2011". This is a consolidated bylaw prepared by the City of Kamloops for information only. To verify the accuracy and currency of this information, please contact Legislative Services at 250-828-3483 or email [email protected]. CITY OF KAMLOOPS BYLAW NO. 34-42 A BYLAW TO REGULATE THE KEEPING OF DOGS WITHIN THE CITY OF KAMLOOPS The Municipal Council of the City of Kamloops, in open meeting assembled, enacts as follows: 1. This bylaw may be cited for all purposes as "City of Kamloops Dog Responsibility and Control Bylaw No. 34-42, 2011". 2. City of Kamloops Dog Responsibility and Control Bylaw No. 34-32 is hereby repealed. 3. The purpose of this bylaw is to regulate the keeping of dogs within the City of Kamloops; to provide for the seizure and impoundment of dogs; and to provide for the fixing, imposing, and collecting of fees from and the issuance of licences to persons who own, possess, or harbour a dog or dogs. 4. Metric units and imperial measurements are used for measurements in this bylaw. 5. This bylaw is divided into the following divisions: Division One Interpretation Division Two Definitions Division Three Authority Division Four Licensing Division Five Maximum Number of Dogs Division Six Enclosure and Kennels Division Seven Dogs in Public Division Eight Care and Cleanup Division Nine Seizure and Impoundment Division Ten Release Requirements Division Eleven Fees Division Twelve Dangerous Dogs Division Thirteen Aggressive Dogs Division Fourteen Nuisance Dogs Division Fifteen Obstruction Division Sixteen Offences and Penalties Division Seventeen Schedules DIVISION ONE - INTERPRETATION 101. If any provision of this bylaw is held to be invalid by a court of competent jurisdiction, the provision may be severed from the bylaw and such invalidity shall not affect the validity of the remaining portions of this bylaw. BYLAW NO. 34-42 PAGE 2 102. Words or phrases defined in the British Columbia Interpretation Act, Community Charter, or Local Government Act or any successor legislation shall have the same meaning when used in this bylaw unless otherwise defined in this bylaw. Unless otherwise stated, and notwithstanding the case used (upper case or lower case), when words or phrases that are defined in this Section 201 of this bylaw are used in the body or schedules of this bylaw, they have the meaning ascribed to them as set out in Section 201. 103. The headings contained in this bylaw are for convenience only and are not to be construed as defining or in any way limiting the scope or the intent of the provisions of this bylaw. 104. All schedules of this bylaw are attached to and form part of this bylaw and are enforceable in the same manner as this bylaw. 105. In the event of any conflict between the schedules of this bylaw and Sections 201 to 1604 of this bylaw, Sections 201 to 1604 shall take precedence over the schedules. DIVISION TWO - DEFINITIONS 201. In this bylaw, unless the context otherwise requires: "AGGRESSIVE DOG" means a dog that meets any one or more of the following conditions: a) an unprovoked dog that has attacked, bitten, or caused injury to a person or has demonstrated a propensity, tendency, or disposition to do so; b) a dog that, while running at large, has attacked, bitten, killed, or caused injury to a domestic animal; c) a dog that, while running at large, has aggressively pursued or threatened a person; d) a dog that, while running at large, has aggressively pursued or threatened a domestic animal; e) a dog with a demonstrated propensity to attack or injure a person without provocation; f) a dog relocated to Kamloops from another jurisdiction that had deemed said dog as aggressive, vicious, or other similar designation for demonstrated aggression; or g) a dog previously deemed "dangerous" under Dog Responsibility and Control Bylaw No. 34-32, as amended from time to time. (34-49) "ANIMAL CONTROL OFFICER" means the Bylaw Manager, a Bylaw Officer, and any police officer. BYLAW NO. 34-42 PAGE 3 (34-49) "BYLAW OFFICER" means a person employed by the City as a Bylaw Officer or Bylaw Services Officer. (34-49) "BYLAW MANAGER" means the person appointed as such from time to time by the City of Kamloops and any person delegated to assist in carrying out their duties under this bylaw. "CERTIFIED GUIDE OR ASSISTANCE DOG" means a dog certified to be used as a practical companion for the disabled while acting in that capacity. "CITY" means the City of Kamloops. "COUNCIL" means Municipal Council for the City of Kamloops. "DANGEROUS DOG" means any dog that: a) has killed or seriously injured a person; b) has killed or seriously injured a domestic animal while in a public place or while on private property, other than property owned or occupied by the person responsible for the dog; or c) an Animal Control Officer has reasonable grounds to believe is likely to kill or seriously injure a person. "DOG" means an animal of the canine species, irrespective of sex or breed, located within the City. "DWELLING UNIT" means a single family dwelling (excluding secondary suites), townhouse, condominium, apartment or mobile home. "ENCLOSURE" means an enclosure as described in Division Six of this bylaw. "HOBBY KENNEL" means a place where a person is engaged only in the breeding of his or her own dogs and where the raising or breeding of these dogs is not consistent with running a business. "IMPOUND" means seize, deliver, or taken into the pound or into the custody of the Bylaw Manager or other City employee as authorized by the bylaw or the City of Kamloops Animal Control Bylaw No. 34-11, as amended from time to time, and "impounded", "impounding", or "impoundment" have a similar meaning. "KENNEL" means a premise used for the keeping, training, care, breeding, hospitalization, or boarding of dogs and is operated as a business. BYLAW NO. 34-42 PAGE 4 "LEASH" means a rope, chain, cord, leather strip, or other device attached to the collar of a dog that is capable of controlling and restraining the activity of the dog such that the dog will conform to the requirements of this bylaw and that does not exceed 2.0 m (6.56 ft) in length. "LICENCE" means a dog licence issued pursuant to this bylaw for the current licensing year. (34-49) "LICENSED DOG" means a dog wearing a permanent tag attached to its collar or harness that is stamped with figures corresponding to a dog licence form issued and identified as being produced by the City pursuant to this bylaw. "LICENSING YEAR" shall mean January 1 to December 31 in any year. "NUISANCE DOG" means a dog: a) that has been impounded three times within the previous 12 months; b) whose owner has received a municipal ticket as a result of the dog running at large three times within the previous 12 months; or c) for which the number of impounds or municipal tickets issued to its owner as a result of the dog running at large totals at least three within the previous 12 months. "OWNER" means the person who is named as the owner of the dog on the licence form referred to in this bylaw or, if the dog is unlicensed, the person who holds himself or herself out to be the owner of the dog. "PARK OR PUBLIC AREA" includes: a) every public place, public park, playground, urban forest (including all driveways, roadways, paths, and lanes within a public park, playground, or urban forest), public beach, boulevard, swimming pool (whether indoor or outdoor), water playground, wading pool, community centre, public school, public library, art gallery, museum, arena, exhibition building, and all community recreational facilities owned or controlled by the City; and b) any real property acquired and held by the City and dedicated and reserved by it for the use, recreation, or enjoyment of the public or land designated for natural or environmental purposes. "POSSESSOR" means a person who is over 16 years of age and who possesses, harbours, or has custody, charge, or control of a dog (including an unlicensed dog) or who permits a dog (including an unlicensed dog) to remain in or about the person's house or premises. "POTENTIALLY AGGRESSIVE DOG" means a dog that an Animal Control Officer believes, on reasonable grounds, may be an aggressive dog. BYLAW NO. 34-42 PAGE 5 "POUND" means a building or enclosure established as a pound by City Council and any location designated by the Bylaw Manager for the temporary shelter or containment of a dog or other animal under this or other applicable City bylaws. (34-49) "COMMUNITY AND PROTECTIVE SERVICES DIRECTOR" means the person appointed as such from time to time by the City of Kamloops and any person delegated to assist in carrying out his/her duties under this bylaw. (34-49) "PERMANENT TAG" means a permanent tag attached to a dog collar or harness showing the licence issued by the City for the life of the dog. "RUNNING AT LARGE" or "RUN AT LARGE" means: a) a dog: i) located on private property other than on the premises of the owner or possessor of the dog; and ii) that is not under the immediate charge and control of a responsible and competent person; b) a dog located upon a highway or park or public area that is not secured on a leash held by a responsible and competent person; c) an aggressive dog that is on the premises of its owner or possessor and that is not contained in an enclosure, securely confined within a dwelling, or secured on a leash held by and which is under the immediate charge and control of a responsible and competent person; or d) a dog within a designated "off leash public park or other designated area" identified in Schedule "C" that does not comply with Section 704. Despite the foregoing, a dog shall not be "running at large" if the dog is under the charge and control of: a) a responsible and competent person and is actively engaged in dog trials, dog shows, or other similar activities or other event approved by the City in accordance with other applicable bylaws; or b) a police officer, police constable, or other person employed for the preservation and maintenance of the public peace, an officer, or a person having the powers of a customs and excise officer when performing a duty in the administration of the Customs Act or the Excise Act, an officer or member of the Canadian Forces, or a duly licensed and qualified security guard while in the course of performing lawful duties. BYLAW NO. 34-42 PAGE 6 (34-49) "UNLICENSED DOG" means: (a) a dog for which the licence for the current year has not been paid; (b) a dog to which the permanent tag required by this bylaw is not attached; or (c) an aggressive dog where the dog or owner or possessor is found not to be in compliance with requirements under this bylaw. DIVISION THREE - AUTHORITY 301. The Bylaw Manager is authorized to enter at all reasonable times upon property subject to the regulations of this bylaw in order to ascertain whether the regulations are being obeyed and take into custody any animal violating this bylaw. 302. The Bylaw Manager is authorized to require any person in possession of a dog to immediately upon demand and without hindrance, delay, or obstruction, deliver into his or her custody the dog if it is a dangerous dog, a potentially dangerous dog, an aggressive dog, a potentially aggressive dog, a nuisance dog, an unlicensed dog, or a dog not bearing a collar or permanent tag required under this bylaw or a dog that has been running at large whether or not that dog has taken refuge on a premises. If a person fails to comply with this section, he or she will be deemed to be guilty of obstruction and subject to the penalties provided for in this bylaw. 303. The Bylaw Manager is authorized to require any person in possession of a dog to immediately upon demand and without hindrance, delay, or obstruction, give to the Bylaw Manager the following information: a) the name of the owner of the dog; b) the number of dogs owned or harboured by him or her; c) the age, sex, and breed or general description of any such dog; d) proof that a valid licence has been paid and obtained in respect of the dog, when paid, and by whom; and e) produce the permanent tag for the dog. 304. The Bylaw Manager shall have the authority and the discretion to determine whether a dog is a "dangerous dog" or an "aggressive dog" and to change such a designation at any time, for the purposes of the bylaw. BYLAW NO. 34-42 PAGE 7 DIVISION FOUR - LICENSING Dog Licences (34-50) 401. The owner of a dog: (a) must on or before the 1st day of January of each year or as soon thereafter as the dog attains the age of six months, pay an annual licence fee for the dog pursuant to this bylaw; (b) must cause the dog to wear around its neck a leather, canvass, or metal collar to which must be attached the permanent tag referred to in Section 403 of this bylaw; and (c) will be subject to a penalty for failing to pay an annual licence fee as identified in Schedule "E". 402. Application for a licence may be made to any of the Bylaw Officers of the City or to such other persons as may be appointed by Council from time to time and the same are hereby authorized to receive such applications and to issue licences. (34-49) 403. When issuing a licence, the City shall: (a) issue a permanent tag impressed or stamped with a number corresponding to the number on the licence and with a distinguishing mark to indicate it was issued by the City; or issue Aggressive dogs a distinctive tag; and (b) keep a record of all licences issued and, for the purpose of identification, a general description of the dog in respect of which the licence was issued. (44-13) 404. The owner of a dog must obtain a permanent tag, subject to an annual licence fee as outlined in Fees and Charges Bylaw No. 44-14, which is valid for the life of the dog. 405. Where the owner of a dog in respect of which a licence has been issued ceases to own the dog, the licence shall be invalid. (34-49) 406. If a person becomes the owner of a dog after the first day of January in any year, the owner shall obtain a licence immediately. Licence Fees (44-13) 407. The fees for licences for every dog six months of age and over shall be those fees described and identified in Fees and Charges Bylaw No. 44-14. 408. Any person who becomes the owner of a dog after June 30 in any year shall only be required to pay 50% of the applicable licence fee. 409. Before issuing a licence for a spayed female dog or a neutered male dog, the Bylaw Officer, or authorized person, may require the owner to furnish proof that the dog has been spayed or neutered. BYLAW NO. 34-42 PAGE 8 410. Where an owner presents proof that his or her dog has been neutered or spayed within the licensing year, reimbursement will be given on the difference between the annual licence fee for an unneutered or unsprayed dog and the fee for a neutered or spayed dog. Replacement Dog or Replacement Permanent Tags (34-49) 411. Where a licensed dog dies, the owner may transfer the licence to a replacement dog providing the owner advises the Bylaw Manager or other authorized person. (44-13) 412. In the event a permanent tag is lost, a replacement permanent tag will be provided upon payment of the fee described and identified in Fees and Charges Bylaw No. 44-14 when the said current licence form is produced indicating a current year's licence has already been paid. Exemptions 413. Licence registration will be provided at no charge to dogs and puppies registered in the Guide Dog in Training Program, used by the Royal Canadian Mounted Police, or personal assistance dogs, provided that appropriate proof of registration is presented to the Bylaw Manager or other authorized person. Removal of Permanent Tag Prohibited (34-49) 414. No person, without the authority of the owner or possessor of the dog, will remove from a dog a collar, harness, or tag to which is attached the permanent tag provided for in this bylaw or remove the permanent tag from a dog. DIVISION FIVE - MAXIMUM NUMBER OF DOGS (34-49) 501. (a) A person shall not have more than two dogs over the age of six months on any parcel of land or dwelling unit within the City. (b) Section 501 a) does not apply to a person operating a: (i) kennel or hobby kennel; (ii) licensed veterinary clinic; or (iii) working cattle ranch or farm (c) A person may apply for a variance to the maximum number of dogs as per Council Policy No. GGA-30. Exemption for Registered Guide/Personal Assistance Dogs (34-45) 502. Dogs and puppies registered in the Guide Dog in Training Program or registered as personal assistance dogs shall be exempt from the limit on the maximum number of dogs, provided proof of guide or personal assistance registration is given to the City and such dog or puppy resides with the person for whom the dog provides care and assistance to. BYLAW NO. 34-42 PAGE 9 DIVISION SIX - ENCLOSURES AND KENNELS Enclosures and Structures 601. No person shall use or locate any structure, pen, or enclosure for the keeping, housing, or harbouring of a dog or dogs within: a) 1.0 m (3.28 ft.) of a property line; or b) within the minimum clearance requirements from all property lines as regulated by the City of Kamloops Zoning Bylaw for the zone in which it is located, whichever is greater. 602. Every owner or possessor of an aggressive dog shall build or maintain at all times an enclosure upon his or her premises or property owned or controlled by him or her, and such enclosure must be: a) at least 1.83 m (6 ft.) in height, 1.22 m (4 ft.) in width, and 2.44 m (8 ft.) in length; b) constructed with secure sides, top, and bottom and suitable for the size and strength of dog to prevent it from escaping; c) provided with impervious surfacing (for instance, concrete slabs) for the bottom of the enclosure to prevent digging and to facilitate cleaning and sanitizing; d) provided with signs posted at all entrances stating "No Unauthorized Entry" and "Aggressive Dog"; e) locked to prevent entry of young children or other unauthorized persons; f) provided with shelter suitable for the size of the dog and to provide shade from the sun and to protect it from varying weather conditions; and g) used for the temporary confinement of a dog for no longer than 12 hours in every 24 hour period. Kennels and Hobby Kennels 603. All persons operating a kennel or hobby kennel within the City must have a valid licence issued pursuant to this bylaw and must comply with this bylaw. 604. No person shall use any premise as a kennel or a hobby kennel for the keeping, training, care, breeding, hospitalization, or boarding of dogs on any parcel of land within the City unless the said parcel is specifically permitted by the City of Kamloops Zoning Bylaw. 605. Any person operating a kennel must first obtain a City business licence and satisfy all other applicable City bylaws and provincial regulations. 606. Any person or persons operating a hobby kennel must be engaged only in the breeding of their own dogs, must hold a current membership with the Canadian Kennel Club, and shall have no more than five dogs, all of which must be licensed. BYLAW NO. 34-42 PAGE 10 607. Floors of all structures or rooms used in a kennel or hobby kennel to accommodate dogs shall be of a sanitary construction, provided with drainage, and approved by the local health authorities. DIVISION SEVEN - DOGS IN PUBLIC Running at Large Prohibited 701. No owner or possessor of a dog will allow the dog to run at large in the City. Prohibited Parks and Areas 702. No owner or possessor of a dog will allow the dog to be within a park or public area identified in Schedule "A". Leashed Parks and Areas 703. No owner or possessor of a dog will allow the dog to be within a park or public area identified in Schedule "B", unless the dog is, at all times, kept on a leash held by and which is under the immediate charge and control of a responsible and competent person. Despite the definition of leash in Section 201, while in a park or public area identified in Schedule "B", all dogs other than aggressive dogs, may be leashed using a leash that is 7.0 m (22.96 ft.) in length. Off-leash Parks and Areas 704. No owner or possessor of a dog will allow the dog to be within or off-leash in the areas designated in Schedule "C", unless the owner or possessor complies with all requirements of this or any other applicable bylaw and maintains the dog under their direct control including by: a) ensuring the dog wears a collar and a permanent tag; b) ensuring the person has in his or her possession at all times a leash to control the dog; c) keeping the dog within view and in voice control; d) taking immediate physical control of the dog in the event of aggression or conflict with another dog; e) ensuring the dog is healthy and has all current vaccinations and shots; f) ensuring the dog is over four months of age; g) following all posted rules and regulations posted on signs for the park or public area; and aggressive dogs are not permitted in off-leash parks and public areas. BYLAW NO. 34-42 PAGE 11 Dog Events 705. No person shall hold a dog show, obedience class, trial, performance, ceremony, gathering, or meeting within a park or public area without prior written approval from the Community and Protective Services Director. DIVISION EIGHT - CARE AND CLEANUP Excrement 801. No owner or possessor will allow the dog to deposit excrement in a park or public area property unless the person immediately removes the excrement and disposes of it in a sanitary manner. 802. No owner or possessor will allow the dog to deposit excrement on private property not belonging to the owner or possessor or onto private property on which the owner has not been invited, unless the person immediately removes the excrement and disposes of it in a sanitary manner. Dog Suffering from Infectious or Contagious Disease 803. No person shall keep, harbour, or have in his or her possession any dog suffering from any infectious or contagious disease unless such dog is in isolation and under treatment for the cure of such infection or contagious disease. DIVISION NINE - SEIZURE AND IMPOUNDMENT Seizure and Impoundment 901. The Bylaw Manager, Animal Control Officer, or a police officer may seize or impound a dangerous dog, a potentially dangerous dog, an aggressive dog, a potentially aggressive dog, a nuisance dog, an unlicensed dog, any dog not wearing a permanent tag, or any dog running at large. 902. The Bylaw Manager, Animal Control Officer, or a police officer must immediately after making the seizure cause the dog to be impounded. 903. The Bylaw Manager must retain the dog for 96 hours. If: a) the dog is not reclaimed by its owner or other authorized person pursuant to this bylaw; and b) fines and fees provided for in this bylaw are not paid and the other requirements as set out in this bylaw are not met; after 96 hours, the dog may be disposed of by means of destruction, adoption, or sale, at the discretion of the Bylaw Manager. BYLAW NO. 34-42 PAGE 12 904. Despite anything to the contrary herein, when a dog has been impounded and the dog is suffering from an injury, disease, or sickness from any cause, the Bylaw Manager may, in his or her discretion and in consultation with a veterinarian, immediately destroy the dog if it is the veterinarian's opinion that the dog would not survive the injury, disease, or sickness or that it would be an act of humanity to destroy the dog. Notification of Impoundment 905. When the Bylaw Manager is aware of the name and address of the owner of any licensed dog impounded, he shall within 24 hours of the impounding or the first business day thereafter, attempt to notify the owner of the impoundment. 906. The Bylaw Manager may post a "Notice of Impoundment", containing a general description of the dog, at the pound, on the Internet, or in the newspaper. DIVISION TEN - RELEASE REQUIREMENTS Release of Impounded Dog and Payment of Impound Fees 1001. Subject to this bylaw, the Bylaw Manager may permit a person who is not the owner of a dog to remove a dog from the pound, provided that the owner has provided written authorization for the same in the form satisfactory to the Bylaw Manager. 1002. When releasing a dog from the pound, the Bylaw Manager shall obtain from the owner or person authorized by the owner, his or her name and address, and shall record the date the dog was released from the pound in the pound records. 1003. Where a dog has been impounded under authority of this bylaw and the Bylaw Manager determines that one or more fines or fees provided for in this bylaw have not been paid, then the dog shall not be released from the pound until the owner or authorized person pays the fines and fees in full up to and including the date of impoundment. Release Requirements - Unlicensed Dogs (44-13) 1004. Subject to this bylaw, an unlicensed dog may be reclaimed upon payment of the prescribed licence fee, fines, any board and maintenance fees, and other applicable fees identified in Fees and Charges Bylaw No. 44-14. Release Requirements - Licensed Dogs (44-13) 1005. Subject to this bylaw, a dog which is not an unlicensed dog or a dangerous dog may be reclaimed upon payment of any board and maintenance fees, fines, and other applicable fees identified in Fees and Charges Bylaw No. 44-14. BYLAW NO. 34-42 PAGE 13 Release Requirements - Aggressive Dogs 1006. Subject to this bylaw, an aggressive dog may be reclaimed upon the owner or authorized person providing: a) proof of ownership to the satisfaction of the Bylaw Manager; b) proof of compliance with all requirements for keeping of an aggressive dog, including but not limited to: i) an enclosure as per Section 602 of this bylaw; ii) electronic microchip identification as per Section 1306 of this bylaw; iii) liability insurance as per Section 1309 of this bylaw; iv) a humane properly fitting muzzle; and v) possession of a valid aggressive dog licence; c) submission of a completed "Application for Release of Aggressive Dog" form; d) full payment of any outstanding fines; (44-13) e) full payment of any board and maintenance fees and other applicable fees identified in Fees and Charges Bylaw No. 44-14; and (34-43) f) submission of a completed Release and Waiver of Liability, Assumption of Risks and Indemnity Agreement in the form provided by the City. (44-13) 1007. The impound fees for aggressive dogs after the dog has initially been deemed aggressive shall be determined in accordance with Fees and Charges Bylaw No. 44-14. Release Requirements - Nuisance Dogs 1008. Subject to this bylaw, a nuisance dog may be reclaimed upon the owner or authorized person providing: a) proof of ownership to the satisfaction of the Bylaw Manager; b) full payment of any outstanding fines relating to the nuisance dog; and (44-13) c) full payment of all applicable fees, including board, maintenance and impound fees as identified in Fees and Charges Bylaw No. 44-14. (44-13) 1009. The impound fees for nuisance dogs after the dog has initially been deemed nuisance are applicable while such dog has the nuisance designation and shall be determined in accordance with Fees and Charges Bylaw No. 44-14. BYLAW NO. 34-42 PAGE 14 DIVISION ELEVEN - FEES Fees - General 1101. Every person owning a dog shall be and remain liable for any fines and fees imposed by this bylaw in relation to the dog while owned by him or her, even if that person at any time ceases to own the dog, or does not reclaim the dog. Purchase of Impounded Dog 1102. No person purchasing a dog from the Bylaw Manager shall remove the same from the pound until a licence and permanent tag have been obtained therefor pursuant to the requirements in this bylaw. (44-13) 1103. Every person purchasing a dog from the pound will be charged a fee as identified on Fees and Charges Bylaw No. 44-14. Cremation/Destruction/Surrender at the Request of the Owner (44-13) 1104. The owner of any dog or other person authorized in writing by the owner may, upon payment of the applicable fee(s) identified in Fees and Charges Bylaw No. 44-14: a) deliver a deceased dog owned by him or her to the pound for cremation; b) request pick up by an Animal Control Officer of a deceased dog owned by him or her for cremation; c) request pick up by an Animal Control Officer of a dog owned by him or her for humane destruction and/or cremation; or d) surrender to the pound a dog owned by him or her. The Bylaw Manager may refuse to accept any of the above-mentioned dogs at his or her discretion. DIVISION TWELVE - DANGEROUS DOGS 1201. No person shall own, possess, or harbour a dangerous dog within the city. 1202. In addition to the powers to seize and destroy a dangerous dog as provided for herein, the Bylaw Manager may detain a dangerous dog pursuant to Section 49 of the Community Charter, S.B.C., 2003, c. 26, and may seek an order to have the dangerous dog humanely destroyed. Should the order not be granted the dangerous dog shall automatically be deemed an aggressive dog. 1203. The owner of a dangerous dog may deliver such dog for immediate surrender and destruction in the interest of public safety and the Bylaw Manager may assess or waive associated destruction and cremation fee. BYLAW NO. 34-42 PAGE 15 1204. In addition to the other fines or fees imposed by this bylaw, the court may make an award of legal costs against the owner of a dangerous dog for the legal costs incurred for making an application for a destruction order. DIVISION THIRTEEN - AGGRESSIVE DOGS 1301. No owner or possessor of an aggressive dog shall allow the dog to be running at large. 1302. No owner or possessor of an aggressive dog shall allow the dog to be in any off-leash park or area identified in Schedule "C". 1303. No owner or possessor of an aggressive dog shall allow the dog to be on a street, highway, park or public place, or other place that is not owned, rented, or leased by the person unless the dog is muzzled to prevent it from biting a person or other animal. 1304. An owner or possessor of an aggressive dog shall at all times maintain upon its property an enclosure required under Section 602 of this bylaw. 1305. An owner or possessor of an aggressive dog located on the premises owned, rented, or leased by the person must keep the dog securely confined indoors, or in an enclosure that conforms with the requirements of Section 602, or secured to a leash held by and under the immediate charge and control of a responsible and competent person. 1306. An owner or possessor of an aggressive dog shall cause an electronic microchip identification to be implanted upon the dog by a certified veterinarian and have such identification registered with the Bylaw Manager. (44-13) 1307. Any dog deemed aggressive shall immediately require an aggressive dog licence for the current year and the licence fee shall be the applicable fee identified in Fees and Charges Bylaw No. 44-14. If the aggressive dog has a previously issued licence for the current year, the owner shall pay the difference between the licence fee previously paid and the fee for an aggressive dog licence and failing that such dog shall be deemed to be an unlicensed dog and may be impounded. 1308. No owner or possessor of an aggressive dog shall allow the dog to be an unlicensed dog. (34-43) 1309. An owner or possessor of an aggressive dog must: a) maintain valid liability insurance no less than $2,000,000 in value; and b) submit to the City a completed Release and Waiver of Liability, Assumption of Risks and Indemnity Agreement in the form provided by the City. BYLAW NO. 34-42 PAGE 16 1310. No owner or possessor of an aggressive dog shall fail or neglect to maintain valid liability insurance required under this bylaw, at any time. (44-13) 1311. The number of times an aggressive dog is impounded, as referred to in Fees and Charges Bylaw No. 44-14, will be calculated by adding the number of times the dog has been impounded throughout its lifetime, not per calendar year. 1312. The owner or possessor of an aggressive dog must advise the Bylaw Manager at least one week prior to relocation of an aggressive dog for any permanent or temporary change of address within or outside of the City. 1313. If an aggressive dog is kept in a manner that contravenes any part of this bylaw, the aggressive dog may be impounded and the owner or possessor will be deemed to be guilty of an infraction of and subject to the fines and fees provided for in this bylaw. DIVISION FOURTEEN - NUISANCE DOGS 1401. No owner or possessor of a nuisance dog shall allow the dog to be running at large. (44-13) 1402. Any dog deemed a nuisance shall immediately require a nuisance dog licence for the current year and the licence fee shall be the applicable fee identified in Fees and Charges Bylaw No. 44-14. If the nuisance dog has had a previously issued licence for the current year, the owner shall pay the difference between the licence fee previously paid and the fee for a nuisance dog licence or such dog shall be deemed unlicensed and may be impounded. 1403. No owner of a nuisance dog shall allow the dog to be unlicensed. 1404. Any dog deemed nuisance shall maintain a nuisance dog designation for a minimum duration of the current year and one additional calendar year whereupon the owner may request such designation be removed upon licence renewal provided: a) the nuisance dog has not been running at large within the preceding 12 months; and b) the owner has demonstrated full compliance with the requirements of this bylaw. 1405. If a nuisance dog is kept in a manner that contravenes any part of this bylaw, such nuisance dog may be impounded and the owner or possessor of the dog will be deemed to be guilty of an infraction of and subject to the penalties and fees provided for in this bylaw. DIVISION FIFTEEN - OBSTRUCTION 1501. No person shall release or rescue or attempt to release or rescue a dog lawfully in the custody of the Bylaw Manager or the pound. 1502. No person shall hinder, delay, or obstruct the Bylaw Manager or any person or persons lawfully exercising their duties under this bylaw. BYLAW NO. 34-42 PAGE 17 DIVISION SIXTEEN - OFFENCES AND PENALTIES 1601. No person shall do any act or permit any act or thing to be done in contravention of this bylaw. 1602. Every person who violates any provision of this bylaw, or who permits any act or thing to be done in contravention of this bylaw, or who fails to do any act or thing required by this bylaw, shall be deemed to have committed an offence against this bylaw and: a) shall be liable to a fine set out in the City of Kamloops Municipal Ticket Utilization Bylaw; or b) shall be liable to a fine of not less than the amount identified in Schedule "E" in addition to any other penalty imposed under this bylaw; and c) where a specific penalty has not otherwise been designated, shall be liable to a fine and/or penalty provided under the Community Charter of not less than One Hundred Dollars ($100) and not more than Ten Thousand Dollars ($10,000), plus the costs of prosecution, and any other order imposed pursuant to the Community Charter; or d) any combination of the above. 1603. Each day that an offence against this bylaw continues shall be deemed a separate and distinct offence. 1604. Any penalty imposed pursuant to this bylaw shall be in addition to, and not in substitution for, any other penalty or remedy imposed pursuant to any other applicable statute, law, or regulation. DIVISION SEVENTEEN - SCHEDULES The following schedules are attached to and form part of this bylaw and are enforceable in the same manner as this bylaw: Schedule "A" - Prohibited Public Parks and Areas Schedule "B" - Leashed Public Parks Schedule "C" - Off-Leash Public Parks and Other Designated Areas (44-13) Schedule "D" - REPEALED Schedule "E" - Fines ORIGINAL SIGNED BY P. G. MILOBAR MAYOR ORIGINAL SIGNED BY L. W. HRYCAN CORPORATE OFFICER BYLAW NO. 34-42 SCHEDULE "A" PAGE 18 PROHIBITED PUBLIC PARKS AND AREAS Note: Certified guide or assistance dogs are not subject to these regulations: Except where otherwise permitted pursuant to this bylaw, dogs are prohibited from: - All parks and public areas; - All picnic areas, wading pools, water play areas or playgrounds; - All public buildings or grounds; and - In particular, the parks listed below: Acadia Park Albert McGowan Park - including all natural wetland habitats Allan Power Memorial Park Belmont Rotary Playground Bogetti Park Braemar Tot Lot Cambridge Park Cammeray Park Connaught Park Cottonwood Park Edgemount Tot Lot Exhibition Park Glen Nevis Tot Lot Hillside Stadium - stadium synthetic field, upper and lower soccer fields Hook's Playground Humphrey Bird Sanctuary - including all natural wetland habitats Invermere Park Kemano Tot Lot Kinsmen North Kinsmen Tot Lot South McArthur Island Park - including all sloughs and natural wetland habitats McIntosh Park McLean Tot Lot Moose Playground Tot Lot Prince Charles Park Rayleigh Slo-pitch Park - ball diamonds, rugby fields, and plaza area Richmond Playground Riverside Park - including all public beaches Saddleback Park Sherbrooke Playground Southview Park Spartan Tot Lot Thompson Park Tournament Capital Centre - see "Hillside Stadium" above Valleyview Centennial Park BYLAW NO. 34-42 SCHEDULE "B" PAGE 19 LEASHED PUBLIC PARKS Public parks and public areas where dogs are permitted with a leash up to 7.0 m (22.96 ft.) in length, except for aggressive dogs whose leashes cannot be longer than 2.0 m (6.56 ft.): Aberdeen Hills Open Space Park Batchelor Park Brocklehurst Park Canada Games Rotary Tennis Centre Crestline Park - in undeveloped area between Community Garden site and ball field Dallas Park - walkway only Dominion Crescent Park Gaglardi Square Park Jack Gregson Trail Len Haughton Park McBeth Park McDonald Park Memorial Hill Park Mt. Dufferin Park Overlander Park Parkcrest Park Pemberton Terrace Park Pineview Valley Linear Park Pioneer Park Rae-Mor Park - dyke only Rayleigh Slo-pitch Park - perimeter path, open space, and other areas Rivers Trail - Schubert Drive area and portions of Riverside Park from Overlanders Bridge to 1st Avenue and from 3rd Avenue to Pioneer Park, and the airport to Cooney Bay Todd Hill Park West Pines Park Westmount Park Westsyde Centennial Park - dyke only BYLAW NO. 34-42 SCHEDULE "C" PAGE 20 OFF-LEASH PUBLIC PARKS AND OTHER DESIGNATED AREAS Notes: - Aggressive dogs are not permitted in the areas listed in this schedule. - Dogs (other than aggressive dogs) are permitted to be off-leash in the following areas, but must be in the immediate charge and control of a competent and responsible person pursuant to Section 704 of this bylaw. Batchelor Open Space Park Dallas/Barnhartvale Open Space Park Gleneagles Open Space Park Gordonhorn Open Space Park Kenna Cartwright Park Mission Flats Open Space Park Peterson Creek Park Rose Hill Open Space Park Sahali Terrace Open Space Park Strathcona Open Space Park Valleyview Recreation Centre Open Space Park Westsyde Centennial Park - only the area north and east of the dyke Designated Dog Exercise Areas Aberdeen Hills Dog Exercise Park Ord Road Dog Park River Street Dog Park Westsyde Dog Park Beach Designated Areas Mission Flats Open Space Park Beach Overlander Park Beach Pioneer Park Beach BYLAW NO. 34-42 SCHEDULE "D" PAGE 21 (44-13) REPEALED BYLAW NO. 34-42 SCHEDULE "E" PAGE 22 FINES (34-49) Column 1 Column 2 Column 3 OFFENCE SECTION PENALTY Licence required 401 $100 Penalty for failing to pay an annual licence fee 401 $32.50 Unlawful removal of collar or permanent tag from dog 414 $250 Exceed maximum number of dogs 501 $100 Unlawful siting of structure/enclosure 601 $100 Failure to provide proper enclosure 602 $500 Unlawful kennel 603 $500 Running at large 701 $100 Dog in prohibited park or public area 702 $100 Dog unlawfully in leashed park or public area 703 $100 Dog unlawfully in off-leash park or public area 704 $100 Fail to remove excrement from public lands 801 $100 Fail to remove excrement from private lands 802 $100 Contagious dog not isolated 803 $500 Possess or harbour a dangerous dog 1201 $1,000 Aggressive dog running at large 1301 $1,000 Aggressive dog in off-leash park or public area 1302 $250 Fail to muzzle an aggressive dog 1303 $500 Fail to provide proper enclosure for aggressive dog 1304 $500 Fail to secure an aggressive dog 1305 $500 Fail to provide microchip identification 1306 $250 Aggressive dog unlicensed 1308 $400 Fail to insure aggressive dog 1310 $500 Nuisance dog running at large 1401 $200 Nuisance dog unlicensed 1403 $200 Unlawful release of dog 1501 $500 Obstruction 1502 $500