Animal Control Bylaw No. 2544, 2016

Kimberley, British Columbia · adopted 2016-11-14

This is the exact embedded text of the captured official document. Snapshot ee588246c51f · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CITY OF KIMBERLEY ANIMAL CONTROL BYLAW NO. 2544, 2016 ADOPTED: NOVEMBER 14, 2016 CONSOLIDATED FOR CONVENIENCE ONLY: MARCH 10, 2017. DISCLAIMER The version of this bylaw of the City of Kimberley is provided for information or research purposes only. Every effort is made to ensure the accuracy of copies of bylaws; however, this is not an official version of City of Kimberley bylaw, and should not be relied upon as such, and these documents are not admissible in a court of law. For such purposes, official certified copies can be obtained from the Chief Corporate Administration Officer. Before making any decisions based on the copy of the bylaw, you should confirm all information contained therein. The City of Kimberley will in no event be liable or responsible for damages of any kind arising out of the use of the copy of this bylaw. B y l a w N o . 2 5 4 4 P a g e | 2 CITY OF KIMBERLEY BYLAW NO. 2544 A BYLAW TO PROVIDE FOR THE LICENSING AND CONTROL OF ANIMALS WITHIN THE CITY OF KIMBERLEY WHEREAS the Community Charter, SBC Chapter 26, 2003, authorizes the City, to designate Bylaws that regulate, prohibit and impose requirements in relation to animals; NOW THEREFORE the Council of the City of Kimberley, in open meeting assembled, enacts as follows: 1. This Bylaw may be cited as the "City of Kimberley Animal Control Bylaw No. 2544, 2016." 2. Bylaw No. 1642, "City of Kimberley Animal Control, Licencing, Impounding and Regulating Bylaw, 1988" and all amendments thereto is hereby repealed in its entirety. 3. Except as otherwise provided, words and phrases used in this Bylaw will be interpreted consistently with the Community Charter and the Interpretation Act. A reference to a statute in this Bylaw refers to a statute of the Province of British Columbia, and a reference to any statute or Bylaw refers to that enactment as it may be amended or replaced from time to time. Recitals and headings are for convenient reference and must not be construed as defining or limiting the scope or intent of the content. Any section, subsection, paragraph, subparagraph or clause of this Bylaw is for any reason held invalid by the decision of a Court of competent jurisdiction, then the invalid portion shall be severed and the severance shall not affect the validity of the remainder of the Bylaw. DEFINITIONS 4. In this Bylaw: a) Animal means any domestic animal; b) Animal Control Officer means a Municipal Employee or agent designated by council as an Animal Control Officer, Bylaw Enforcement Officer or a Member of the Royal Canadian Mounted Police (hereinafter referred to as RCMP); c) Bee means a honey bee kept in an apiary; d) Bird means a pigeon, dove and any type of poultry; e) Bylaw Enforcement Officer means a person appointed by the City pursuant to the Community Charter to issue tickets under this Bylaw for the City; f) Cat means any domestic animal of the feline species; g) City means the City of Kimberley; B y l a w N o . 2 5 4 4 P a g e | 3 h) Corporate Officer means the person appointed as such by Council; i) Council means the Council of the city of Kimberley; j) Dangerous dog has the same meaning as set out in s.49 of the Community Charter; k) Dog means any member of the canine family; l) Domestic animal means an animal, tame or kept, or that has been or is being used to serve some purpose for the use of people; m) Guide dog has the same meaning as defined in the Guide Dog and Service Dog Act, SBC 2015, c. 17, and includes an RCMP dog; n) Highway for the purposes of this Bylaw has the same meaning as defined in the Community Charter; o) Kennel means any lands within the City on which four (4) or more dogs or other animals are or are intended to be trained, cared for, bred, boarded, or kept for any purpose, including but not limited to sale, resale or profit; p) Livestock means an animal raised as part of a farm operation and includes horses, swine, sheep, llama, goat, mule, donkey or any animal of the bovine species. q) Muzzle means a humane fastening or covering device of adequate strength placed over the mouth of a dog designed to prevent the dog from biting or injuring a person or other animal; r) Off-leash area means the designated areas of the City as set out in Schedules "C-1", "C- 2" and "C-3" of this Bylaw where dogs are allowed to be off-leash while remaining under the verbal control of their owners; s) Owner means any person: i. To whom a license for a dog has been issued pursuant to this Bylaw; ii. Who owns, is in possession of, or has the care or control of any animal; or iii. Who harbours, shelters, permits, or allows any animal to remain on or about the owner's land or premises; t) Poultry means any bird or fowl normally raised for food or egg production; u) Pound means any facility established, maintained, or operated as a pound in accordance with this Bylaw; v) Pound keeper means an official employed by the city or any contractor who has entered into an agreement with the City, to assume the responsibilities of administration of the City Pound pursuant to this Bylaw; B y l a w N o . 2 5 4 4 P a g e | 4 w) Responsible person means a person who: i. is the owner of an animal; ii. has care, custody or control of an animal; or iii. is keeping or harbouring an animal; provided that where the person is under the age of 19 years, the custodial parent or legal guardian of such minor is deemed to be the owner for the purposes of this Bylaw; x) Vicious dog means a dog that has been designated as a vicious dog by an animal control officer, Bylaw enforcement officer or member of the RCMP based on evidence that: i. A dog which has killed or seriously injured a person or animal; ii. A dog which has a known tendency or disposition to attack animals or humans without provocation; iii. A dog which has bitten, attacked or aggressively pursued a person or animal without provocation; iv. A dog which has been trained for, or is owned for, the purpose of dog fighting; v. A dog which the Animal Control Officer has reasonable grounds to believe is like to kill or seriously injure a person AUTHORITY 5. An Animal Control Officer may: a) issue notices to a person in accordance with this Bylaw and brings proceedings to enforce this Bylaw; b) employ the use of lures, baits, nets, nooses, traps, tranquilizers or other mechanical devices or means of apprehension of an animal, provided always that such methods are in accordance with applicable laws; c) demand, collect, and deposit to the City any fees and charges set out in Schedule A of this Bylaw; d) designate a dog to be a vicious dog for the purposes of this Bylaw; e) apprehend any animal as provided for by this Bylaw; f) request photo or other appropriate primary identification from a person so as to determine their name, address or age for the purposes of enforcing this Bylaw. 6. An Animal Control Officer may carry out the powers and functions established in s.49 of the Community Charter in relation to a dog that may be a dangerous dog. GENERAL REGULATIONS 7. This Bylaw does not apply to Guide dogs. 8. No person shall keep or harbour any animal except in accordance with the provisions of this Bylaw. 9. No person shall keep any animal outside for extended periods of time unless the animal is provided with shelter of sufficient size to allow the animal to turn about freely, stand, sit, and lie in a normal position so as to: B y l a w N o . 2 5 4 4 P a g e | 5 a. ensure protection of the animal from heat, cold and wetness appropriate to the animal's weight and type of coat; b. provide sufficient shade to protect the animal from the direct rays of the sun 10. No person shall keep any animal confined in an enclose space, including a motor vehicle, without sufficient ventilation to prevent the animal from suffering discomfort or a heat injury. 11. No person shall keep any animal hitched, tied or fastened to a fixed object where a choke collar or choke chain forms part of the securing apparatus, or where a rope or cord is tied directly around the animal's neck. 12. No person shall keep any animal hitched, tied or fastened to a fixed object as the primary means of confinement for an extended period of time. 13. No person who owns a dog shall permit or cause the dog to cry or bark in a manner which disturbs the quiet, peace, rest enjoyment, comfort or convenience of the neighborhood or of persons in the vicinity of the place where the dog is kept. 14. No person shall feed birds in the area known as the Platzl. OBSTRUCTION 15. No person shall hinder, delay, obstruct, or provide false, erroneous or misleading information to an Animal Control Officer or any other person lawfully engaged in seizing, conveying or performing any duty pursuant to this Bylaw or the Community Charter. UNLAWFUL RELEASE 16. No person shall take, let or assist any animal out of the pound or custody of an Animal Control Officer without the consent of the Animal Control Officer. IDENTIFICATION 17. Any owner or other responsible person shall forthwith furnish identification upon request of an Animal Control Officer so as to satisfy the Animal Control Officer of their identity in relationship to the animal. KENNELS 18. No person shall operate a kennel within the City. NUMBER OF PETS 19. No owner or occupier of a lot or dwelling shall keep or harbour more than three (3) dogs older than four (4) months of age on that lot or dwelling. B y l a w N o . 2 5 4 4 P a g e | 6 RUN AT LARGE 20. The person responsible for an animal shall ensure that such animal does not run at large, other than within an off leash area, and if an animal is at large, the person responsible must take steps immediately to recover the animal. 21. No person shall suffer or permit any animal owned, kept or harboured by that person to trespass on private property within the city. 22. No person shall suffer or permit any animal owned, kept or harboured by that person to attack or viciously pursue a person or other animal. 23. No person who owns, possesses or harbours a vicious dog shall permit, suffer or allow the vicious dog to be on any highway or in any other place that is not owned or controlled by that person unless the vicious dog is effectively muzzled to prevent it from biting another animal or a human and unless such animal is under the control of a handler by way of a leash. 24. Every person who owns, possesses or harbours a vicious dog shall, at all times while the vicious dog is on the premises owned or controlled by such person, keep the vicious dog securely confined either indoors or in an enclosed pen or other structure capable of preventing the entry of young children and adequately constructed to prevent the vicious dog from escaping. 25. The person responsible for any vicious dog that is at large must immediately notify the Animal Control Officer or Bylaw Enforcement Officer. 26. The Animal Control Officer may, upon receiving payment of any fees and charges, provide to a person the temporary loan of a trap or other device for the capture of any animal running at large and any person providing such equipment shall be responsible for return of such equipment, undamaged and shall be responsible for any loss, damage, or injury to any person, animal or property that occurs during or arises or results from their possession or use of the device and for any costs, including loss of deposit provided for use of such equipment. OFF LEASH AREAS 27. When using an off-leash area, a person responsible for a dog must at all times supervise and maintain control of the dog and take reasonable steps to prevent and reduce conflicts with other dogs and with other persons using the off-leash areas, and, without limitation, must: a) at all times, be in possession of a leash to control the dog; b) keep the dog within view and within voice control; c) ensure the dog does not chase or disturb any wildlife in the off leash area; d) take immediate physical control of the dog in the event of aggression or conflict with another dog; e) ensure excrement deposited by the dog is moved off the trail B y l a w N o . 2 5 4 4 P a g e | 7 28. A person responsible for a vicious dog or dangerous dog must not allow that dog to run at large in an off-leash area. ANIMAL EXCREMENT 29. A person responsible for any dog must, at all times, when the dog is on a highway, a park, or other public place, immediately remove or cause to be removed any excrement deposited by the dog and dispose of the excrement in a trash receptacle. 30. In a wilderness off-leash area, it is acceptable to ensure dog excrement is moved off the trail. 31. A person responsible for any dog shall ensure that the dog does not defecate upon any private property, other than the property of the person responsible, unless that owner or person immediately removes the excrement and disposes of it in a trash receptacle. 32. A person responsible for an animal must remove or cause to be removed excrement deposited by the animal within their own parcel or premises in a sanitary manner and on a regular basis and in any case, within twenty-four (24) hours of being directed to do so by an Animal Control Officer or Bylaw Enforcement Officer. VICIOUS DOG DESIGNATION 33. Upon designating a dog as a vicious dog, the Animal Control Officer must deliver notice to the dog's owner in the form of a letter advising of the designation and of the portions of this Bylaw that apply to a vicious dog. The letter is sufficiently delivered if mailed to the address on the most recent license for that dog, or the address where the owner of the dog is known or believed to reside, or left with an adult person at either such address. If not personally delivered to such address or person, the letter is deemed to be received by the person to whom it was addressed on the second business day following the date that it was mailed. 34. The owner of a dog that has been designated as a vicious dog may, within fourteen (14) calendar days of the notice being delivered pursuant to paragraph 33, request that the Animal Control Officer reconsider the decision. The request for reconsideration must be accompanied by written reasons why the owner believes the dog is not a vicious dog, and may provide any other specific information as to the particular dog that would support the owner's position. If requested by the owner, the Animal Control Officer must allow the owner an opportunity to be heard, in person or by telephone or other device, and may arrange for any other person with relevant information to address the matter. If no request for reconsideration is made within fourteen (14) days of the notice being delivered, the designation of the dog as a vicious dog is final. (Bylaw No. 2580, 2017 Amnd. 1) 35. After providing the owner with an opportunity to make representations regarding the dog following a request under paragraph 32, the Animal Control Officer may confirm or reverse the designation. B y l a w N o . 2 5 4 4 P a g e | 8 36. The owner of a dog that has been confirmed by the Animal Control Officer to be a vicious dog may request that council reconsider that decision, by notifying the Corporate Officer within fourteen (14) days of the date of the Animal Control officer's decision. Such request must be in writing and include the owner's reasons for the request. If a complete request is not made within fourteen (14) days, or the owner fails or neglects to appear at any hearing the Corporate Officer may arrange and provide notice of, the decision of the Animal Control Officer is deemed to be final and may not be reconsidered. 37. After hearing from the owner or their representative, and the Animal Control Officer or any other person that council believes could provide relevant information, Council may confirm or reverse the designation of the dog as a vicious dog, and the decision of Council is final. CONTROL AND RESTRAINT OF VICIOUS DOG 38. A person responsible for a vicious dog, on receiving notice that the dog has been designated as a vicious dog, shall immediately take steps to ensure that the vicious dog is properly controlled and restrained at all times, and without limitation, must ensure that: a) when off the property of the owner , the dog is on leash, muzzled and under the immediate charge and control of a person responsible, so as to prevent escape; b) when in a vehicle, the dog is muzzled, secured and contained within the passenger compartment or completely enclosed cargo area, and under the immediate charge and control of a person responsible so as to prevent escape of the vicious dog; c) subject to paragraph (b), when outdoors and upon the property of the person responsible, the dog is secured and contained within a rear yard that is completely enclosed with a solid fence that is 1.8 meters in height and that has gates with self- closing mechanisms and locking latches so as to prevent entry by children and so as to prevent escape of the dog; and d) when indoors and upon the property of the person responsible, the dog is secured and contained within the dwelling unit, so as to prevent its escape. MAINTENANCE AND KEEPING OF VICIOUS DOG 39. A person responsible for a vicious dog must, within a period of time determined by the Animal Control Officer following its designation as a vicious dog: a) ensure the vicious dog is sterilized; and b) deliver to the Animal Control Officer proof that the vicious dog has been vaccinated against rabies, and that vaccinations recommended by a veterinarian are up-to-date. 40. Any person being the owner of a dog, other than a vicious dog, shall ensure that they furnish or deliver to the Animal Control Officer notification of any change of address or change of owner for such dog within seven (7) days after the date of such change occurring. 41. Any person being the owner of a vicious dog shall ensure that they furnish or deliver to the Animal Control Officer notification of any change of address or change of owner for such vicious dog a minimum of seven (7) days prior to the date of such change occurring. B y l a w N o . 2 5 4 4 P a g e | 9 42. Should any person being the owner of a dog fail to notify the Animal Control Officer of any change required pursuant to Section 7.10(a) or 7.10(b) of this Bylaw, the license issued for such dog may be deemed invalid. 43. A person responsible for a vicious dog, on receiving notice of its designation as a vicious dog, must: a) ensure the vicious dog wears a valid dog license at all times; b) ensure the vicious dog does not run at large and, if it is at large, the person responsible for the dog must immediately notify the Animal Control Officer or a Bylaw Enforcement Officer; c) take measures to ensure the vicious dog does not bite or injure, or aggressively pursue a person or other animal; and d) have posted at all entrances or gates into the property and dwelling at which the vicious dog is harbored, signs designed or written in a manner to indicate that a person should exercise caution due to the presence of the vicious dog. DANGEROUS DOGS 44. An Animal Control Officer may seize a dog if the Animal Control Officer believes that the dog is a dangerous dog, and may deal with it in accordance with s.49 of the Community Charter. 45. Except as directed by an order of the Provincial Court, a person responsible for a dangerous dog must comply with the provisions of this Bylaw that apply to a vicious dog. RESTRICTED ANIMALS 46. Livestock shall not be permitted to be kept, harboured or raised within the City. 47. No parcel of land within the City may be used for the keeping, harbouring or raising of poultry or rabbits. 48. With exception of lands zoned as 'Industrial' in the City of Kimberley Zoning Bylaw, no parcel of land within the City may be used for the keeping, harbouring or raising of bees. LICENCING 49. Application for a dog license may be made at City Hall, 340 Spokane Street, Kimberley, B.C. 50. No person shall keep any dog in the City unless a valid licence for the current year has been obtained under this Bylaw on or before January 31 in the calendar year. 51. If a person becomes the owner of a dog during any year, that person shall apply for a licence and pay the designated fee within seven (7) days of becoming the owner. 52. A person shall apply for a dog license in the form prescribed by the City and accompanied by the license fee in the amount set out in Schedule 'A' of this bylaw. B y l a w N o . 2 5 4 4 P a g e | 10 53. Any person that is a resident of the city and who is the owner of a dog being six (6) months of age or older shall ensure that a valid dog license is obtained for such dog and displayed on the dog's collar and no other person shall own, keep, or harbour an unlicensed dog. A license may be purchased by a resident sixteen (16) years of age, or older. 54. The dog license shall consist of a license tag on which shall be impressed or stamped the license number, the license year, and the words "City of Kimberley". 55. All licenses issued for dogs shall be valid for the calendar year, January 1st to December 31st. 56. No license shall be issued, transferred or renewed until the license fee as set out in Schedule "A" of this Bylaw has been paid. 57. Guide dogs are exempt from license fees. 58. The owner of any dog that is licensed in accordance with this Bylaw who loses the license tag issued for the current year, shall be provided a replacement license tag upon payment of the required fee set out in Schedule "A" of this Bylaw. IMPOUNDMENT 59. The Animal Control Officer may seize and impound any domestic animal that is: a) kept or harboured contrary to this Bylaw; b) required to be licensed but is not licensed; c) found running at large on a public place; d) found on private property or premises, without the permission of the property owner or occupant of the premises; or e) found on unfenced land, and not securely tethered or contained, and may keep the animal so impounded until all applicable penalties and fees have been paid, in which case the Animal Control Officer will release the animal to its owner or other responsible person unless the animal is a dangerous dog, in which case the dog will be dealt with in accordance with s. 49 of the Community Charter. IMPOUND- DANGEROUS DOG 60. Where the Animal Control Officer has impounded a dangerous dog, the dog shall remain impounded pending approval of a destruction order by the Provincial Court and shall only be delivered or released to its owner upon order from the Provincial Court. NOTICE OF IMPOUNDMENT 61. The Animal Control Officer shall within twenty-four (24) hours of the time of impoundment, or at the commencement of the next business day, cause a notice of impoundment to be published on the City website at www.kimberley.ca and posted on the notice board at City Hall. Such notice of impoundment shall give a description of the animal impounded, the date and location it was B y l a w N o . 2 5 4 4 P a g e | 11 impounded, and the date after which the animal may be put up for adoption, destroyed or otherwise disposed of if not redeemed by the owner. OWNER KNOWN 62. If the owner of any impounded animal is known to the Animal Control Officer, the Animal Control Officer shall forthwith notify the owner by telephone of the impoundment or by posting a copy of the notice of impoundment at the owner's last known address. IMPOUND FEES AND CHARGES 63. The owner of any impounded animal may reclaim such animal from the pound upon application to the Animal Control Officer during normal working hours prior to its sale, disposal or destruction, and upon provision of proof of ownership and payment of any fees and charges. 64. No impounded unlicensed dog shall be released from the pound or custody of the Animal Control Officer without the owner having purchased a valid license for such dog except where such license is not required as provided for by this Bylaw. 65. As a condition of an impounded animal being released, the person responsible for the animal must pay the impound fees, any applicable veterinary medical fees, any applicable fines and the fee for a license if the animal is unlicensed. 66. The pound operator shall ensure that all impounded animals detained in the pound are adequately cared for by the provision of food, water, shelter and veterinary medical attention when required. The fees for such services shall form part of the impoundment charges, with the exception of veterinary medical fees, including vaccinations as deemed necessary by the pound operator, which will be recovered at cost DISPOSAL/DESTRUCTION 67. Subject to this Bylaw, if an impounded animal, other than a dangerous dog: a) is not claimed within five (5) days of the date of impoundment; or b) the owner fails to provide full and complete payment of all fees and charges required of this Bylaw within five (5) days of the date of impoundment, the pound operator may put up for adoption, humanely destroyed or otherwise dispose of the animal. 68. Subject to this Bylaw, the owner of a vicious dog or a dangerous dog may voluntarily surrender such dog for destruction to the Animal Control Officer by delivering an executed statement in the form specified in Schedule "B" of this Bylaw together with payment of any required fees charged. 69. The owner of any animal destroyed pursuant to this Bylaw shall be responsible for the costs incurred by the City to board, care for, feed, provide veterinary medical care and ultimately destroy such animal unless such animal is a dog surrendered in accordance with paragraph 66 of this Bylaw. B y l a w N o . 2 5 4 4 P a g e | 12 SALE OF ANIMALS 70. Should any impounded animal, other than a vicious dog or dangerous dog remain unclaimed after five (5) days, the pound operator may sell such animal or arrange for it to be sold. IMPOUNDMENT CARE FEES 71. Impoundment care fees are payable at the City of Kimberley City Hall during regular business hours. Impoundment fees are as set out in Schedule 'A'. No animal will be released until impoundment care fees, any fines or costs for veterinary care or vaccinations are paid. SURRENDER/DISPOSAL FEES 72. If the owner of any vicious or dangerous dog has requested that the Animal Control Officer take possession of their dog for the purpose of having it destroyed or otherwise disposed of, on receipt of the applicable fees and of an executed statement in the form specified in Schedule "B" of this Bylaw, the Animal Control Officer may arrange for the humane destruction or disposal of the dog. PENALTIES 73. Any person who: a) contravenes any provision of this Bylaw; b) suffers or permits any act to be done in contravention of this Bylaw; or c) neglects to do anything required to be done under this Bylaw, commits an offence and each day that the contravention is continued shall constitute a separate offence. 74. A person who is guilty of an offence under this Bylaw is liable: a) to pay a fine of up to $10,000 if proceedings are brought under the Offence Act and the costs of prosecution; and b) compensation for damage or loss sustained by the City or another person resulting from the offence; or c) to pay a fine of up to $1,000 if the Bylaw is enforced by means of a municipal ticket information system under Part 8, Division 3 of the Community Charter. DEEMED OWNER 75. For the purposes of proceedings under this Bylaw, a person shall be deemed to be the owner or person having care and control of an animal , or person otherwise responsible for any violation or contravention of any provision of this Bylaw, in the absence of any evidence to the contrary . B y l a w N o . 2 5 4 4 P a g e | 13 SCHEDULES 76. Schedule "A" through Schedule "C" are attached to and form part of this Bylaw: 77. The Bylaw Enforcement Officer and the RCMP are designated to enforce this Bylaw pursuant to Part 8 of the Community Charter, SBC 2003, c. 26. Read a first, second, and third time on the 24th day of October, 2016. Adopted on the 14th day of November, 2016. _____________________ Mayor _____________________ Corporate Officer B y l a w N o . 2 5 4 4 P a g e | 14 SCHEDULE A OF BYLAW NO. 2544, 2016 DOG LICENSE FEES Type of License Fee 1. Female/Male/altered Dog: $22.00 for the year 2017; $22.50 for the year 2018; $23.00 for the year 2019. 2. Female/Male/unaltered Dog 3. Vicious Dog $56.50 for the year 2017; $57.00 for the year 2018; $57.50 for the year 2019. $150.00 4. License Transfer a) to new owner b) to new dog $5.00 $5.00 5. Replacement of lost license tag $5.00 IMPOUNDMENT CARE FEES 1. Dog $20.00/day 2. Cat $10.00/day Note: Other fees associated with the animal's impoundment such as fines, purchase of a dog license, veterinary care and/or vaccinations must be paid prior to the animal being released. B y l a w N o . 2 5 4 4 P a g e | 15 (Street Address) (City/Province) (Postal Code) Signature of OWNER Signature of ANIMAL CONTROL OFFCER Name of OWNER SCHEDULE B OF BYLAW NO. 2544, 2016 Application to Surrender for Destruction of a VICIOUS DOG or DANGEROUS DOG 1. I, ___________________________________________________________________ of ____________________________________________, _____________________, ___________ hereby apply to surrender the following DOG for destruction, pursuant to the City of Kimberley ANIMAL control Bylaw: Breed: Dog's Name: Colour: Sex: Age: 2. I am the OWNER of the above described DOG. 3. I hereby acknowledge: THAT I am aware and have been informed that the above-described DOG is: a VICIOUS DOG within the meaning prescribed by the City of Kimberley ANIMAL Control Bylaw a DANGEROUS DOG within the meaning prescribed by the City of Kimberley ANIMAL Control Bylaw or Section 49 of the Community Charter AND THAT I am aware of the responsibility and potential liability which rests with me in having owned, harboured or kept such a DOG. 4. In consideration of the surrender of such DOG by me, I hereby acknowledge, covenant and agree with the City of Kimberley that: a) I surrender such DOG by my own free will to the custody of the CITY for destruction and acknowledge and am aware that such DOG will be humanely destroyed under the supervision of the ANIMAL CONTROL OFFICER and a licensed veterinarian until such DOG is dead and unable to sustain life. b) I will save harmless and indemnify the City of Kimberley, its ANIMAL CONTROL OFFICER and any of its officers, employees, agents or elected or appointed officials from and against any and all actions, causes of action, proceedings, claims, demands, losses, damages, costs or expenses whatsoever and whomsoever brought in any way arising from or caused by the surrender of such DOG to the City of Kimberley for destruction or for any and all actions, causes of action, proceedings, claims, demands, losses, damages, costs or expenses whatsoever and whomsoever brought in any way arising from or caused by the owning, keeping or harbouring of such DOG by me and, without limiting the generality of the foregoing, for any personal injury or death inflicted on any other ANIMAL or any PERSON by such DOG or any damage to property caused by such DOG. 5. I submit herewith the sum of $_______ in payment of all fees payable by me pursuant to Schedule "B" of the City of Kimberley ANIMAL Control Bylaw and the City of Kimberley Municipal Ticket Information Bylaw. 6. _________________________________________ __________________________________________ Dated at Kimberley, B.C. this ________________ day of _______________________________, 20____. This information is collected by the City of Kimberley in accordance with the Community Charter and is protected under the Freedom of Information and Protection of Privacy Act. The information will be used to facilitate processing the application. Should you have any questions about the collection of this personal information, please contact the City of Kimberley FOI Coordinator at [email protected]. B y l a w N o . 2 5 4 4 P a g e | 16 Schedule C1-C3 - Off leash areas