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CITY OF KAMLOOPS
BY-LAW NO. 34-37
A BY-LAW TO PROHIBIT WILD OR EXOTIC ANIMALS IN
THE CITY OF KAMLOOPS
The Municipal Council of the City of Kamloops, in open meeting assembled, enacts as
follows:
1.
This by-law may be cited as the "City of Kamloops Wild or Exotic Animal Prohibition
By-law No. 34-37, 2008".
2.
City of Kamloops Wild or Exotic Animal Prohibition By-law No. 34-28, 1999, and all
amendments thereto, is hereby repealed.
3.
The purpose of this by-law is to regulate, prohibit, and impose requirements in
relation to animals within the City of Kamloops as authorized by the Community
Charter.
4.
This by-law is divided into the following divisions:
Division One - Definitions and Interpretation
Division Two - Prohibition of Wild or Exotic Animals
Keeping
Performance and Display
Sale or trade
Division Three - Exceptions and Prohibitions
Division Four - Authority
Division Five - Seizure and Impoundment
Division Six - Offences and Penalties
Division Seven - Schedules
"A" Wild or Exotic Animals List
"B" Fine Schedule for Municipal Ticket Information Prosecutions.
BY-LAW NO. 34-37
PAGE 2
DIVISION ONE - DEFINITIONS AND INTERPRETATION
101. In this by-law:
"Wild or exotic animals" shall be defined as those animals listed in
Schedule "A" attached to and forming part of this by-law.
DIVISION TWO - PROHIBITION OF WILD OR EXOTIC ANIMALS
201. Except as permitted under Division Three, no person shall keep a wild or exotic
animal, temporarily or permanently, anywhere within the City of Kamloops.
202. No person shall operate or carry on a circus, public show, exhibition, carnival or
other display or performance whether temporary or permanent, in which wild or
exotic animals are required to perform tricks, fight or participate in performances for
the amusement, education, or entertainment of an audience.
203. No person shall offer for sale or trade a wild or exotic animal within the City of
Kamloops.
DIVISION THREE - EXCEPTIONS AND PROHIBITIONS
301.
The prohibitions set out in Division Two of this by-law do not apply to:
a)
premises operated by the British Columbia Society for the Prevention of
Cruelty to Animals;
b)
a veterinary hospital under the control of a veterinarian registered as a
member of the British Columbia Veterinary Medical Association;
c)
premises operated by an institution of education for research, study, or
teaching purposes;
d)
a zoological park operated by an organization accredited by the Canadian
Association of Zoos and Aquariums;
e)
any location designated by the By-law Services Supervisor, their designate or
a peace officer, for the temporary shelter or containment of a wild or exotic
animal.
DIVISION FOUR - AUTHORITY
401.
The By-law Services Supervisor, their designate, or any peace officer, is hereby
empowered to enter at all reasonable times upon any lands, premises or buildings in
order to ascertain whether the requirements of this by-law are being obeyed.
402.
No person shall obstruct, hinder or interrupt, or cause or procure to be obstructed,
hindered or interrupted, the By-law Services Supervisor, their designate or any
peace officer, in the exercise of any of the powers conferred upon them.
BY-LAW NO. 34-37
PAGE 3
DIVISION FIVE - SEIZURE AND IMPOUNDMENT
501.
The By-law Services Supervisor, their designate, or any peace officer, is hereby
empowered to seize or impound any wild or exotic animal that is unlawfully at large
on a highway or in a public place, straying or trespassing on private property, on
unfenced land and not securely tethered or contained, or unlicensed;
502. The By-law Services Supervisor, their designate or any peace officer, is hereby
empowered to seize or destroy any wild or exotic animal that in their opinion is
suffering from an injury, disease or sickness or any other cause and if destruction is
deemed necessary, the destruction of the animal would be an act of humanity to
prevent further suffering.
503. The By-law Services Supervisor, their designate or any peace officer, upon seizing
or impounding a wild or exotic animal, shall cause such wild or exotic animal to be
delivered to a location or facility exempt from prohibited keeping of the animal so as
to afford temporary shelter, containment, care and treatment.
504. Any animal seized or impounded under this by-law shall be held for seven (7) days
and if not reclaimed by the owner, may be disposed of at the discretion of the By-
Law Services Supervisor, or their designate.
505. Every person possessing or owning a wild or exotic animal that is seized or
impounded pursuant to this by-law shall be liable for all costs incurred by the City of
Kamloops for the seize or impound, veterinary care and treatment, transportation or
relocation, and food and shelter of each animal.
506. An owner of a wild or exotic animal seized or impounded under this by-law shall
provide full payment of all costs identified under Section 505 of this by-law including
an impound charge of $100 for each animal and shall further demonstrate and certify
in writing to the full satisfaction of the By-Law Services Supervisor, or his designate,
that such animal will be relocated to a suitable lawful location within or outside of the
City, prior to the release of such animal.
DIVISION SIX - OFFENCES AND PENALTIES
601.
No person shall do any act or suffer or permit any act or thing to be done in
contravention of this by-law.
602.
Every person who violates any provision of this by-law, or who permits any act or
thing to be done in contravention of this by-law, or who fails to do any act or thing
required by this by-law, shall be deemed to have committed an offence against this
by-law and:
a)
shall be liable to a fine set out in the City of Kamloops Municipal Ticket
Utilization By-law, including those fines and penalties as set out in Schedule
"B", Fine Schedule for Municipal Ticket Information Prosecutions; or
BY-LAW NO. 34-37
PAGE 4
b)
shall be liable, upon summary conviction, to a fine and penalty provided
under the Offence Act or the Community Charter of not more than $10,000
and not less than $200, plus the costs of the prosecution, and any other order
imposed pursuant to the Community Charter; or
c)
any combination of the above.
603.
Each day that an offence against this by-law continues shall be deemed a separate
and distinct offence.
604.
Any penalty imposed pursuant to this by-law shall be in addition to, and not in
substitution for, any other penalty or remedy imposed pursuant to any other
applicable statute, law, or legislation.
DIVISION SEVEN - SCHEDULES
The following schedules are attached to and form part of this by-law and are enforceable in
the same manner as the by-law:
Schedule "A"
List of Wild and Exotic Animals
Schedule "B"
Fine Schedule for Municipal Ticket Information Prosecutions
READ A FIRST TIME the
8th
day of
July
, 2008.
READ A SECOND TIME the
8th
day of
July
, 2008.
READ A THIRD TIME the
8th
day of
July
, 2008.
ADOPTED this
22nd
day of
July
, 2008.
MAYOR
T. Lake
CORPORATE OFFICER
L. W. Hrycan
ORIGINAL SIGNED BY:
ORIGINAL SIGNED BY:
BY-LAW NO. 34-37
PAGE 5
SCHEDULE "A"
WILD OR EXOTIC ANIMALS
The following list of animals constitutes "wild or exotic animals" for the purposes of this
by-law. The list includes all such animals bred in the wild or in captivity and also includes
their hybrids with domestic species. The words in parentheses are intended to act as
examples only and are not to be construed as limiting the generality of the group.
Canidae
(wolves, coyotes) except the domestic dog
Cetaceans
(whales, porpoises, dolphins)
Chiroptera
(bats)
Crocodilians
(alligators, crocodiles)
Dermoptera
(Flying lemurs and colugas)
Edentates
(anteaters, sloths, armadillos)
Elephantidae
(elephants)
Erinacidae
except the African pigmy hedgehog
Felidae
(lions, tigers) except the domestic cat
Green iguanas
Hyaenae
Lagomorphs
except the domestic rabbit
Marsupials
except sugar gliders
Monotremes
(platypuses, echindnas)
Mustelidae
(skunks, weasels, otters) except domesticated ferrets
Non-Human Primates
(apes, monkeys)
Pinnipeds
(seals, walruses)
Procyonidae
(raccoons, coatis)
Raptors
(hawks, accipiters, falcons, eagles and owls) except those
which hold a valid provincial permit
Ratites
(cassowaries, ostrich, rhea) except those prescribed by the
Specialty Farm Operations Regulations
Rodentia
except degus, hamsters, domestic guinea pigs, gerbils, rats,
mice and chinchillas
Snake Species
(Amethyst Python, Burmese Python, Reticulated Python, Rock
Pythons, Indian Python and all Anacondas)
Ungulates
except domestic goats, sheep, pigs, cattle, horses, mules,
donkeys, Asses, llamas and alpacas
Ursidae
(bears)
Venomous or Poisonous Reptiles and Amphibians
Venomous or Poisonous
Invertibrates
except all new world tarantulas and the Emperor Scorpion
Viverridae
(mongooses, civits, genets)
BY-LAW NO. 34-37
PAGE 6
SCHEDULE "B"
FINE SCHEDULE FOR MUNICIPAL TICKET INFORMATION PROSECUTIONS
Offence
Section No.
Fine
Keeping of a wild or exotic animal
201
$200
Permitting the performance or display of a wild or exotic animal
202
$200
Offering for sale or trade a wild or exotic animal
203
$200
Obstruction
402
$200
Fee
Section No. Amount
Impound charge
506
$100