Animal Control and Impoundment Bylaw No. 893, 2022 (Consolidated)
Logan Lake, British Columbia
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DISTRICTOF LOGAN LAKE
BYLAW 893 2022
A bylaw to regulate animals and a municipal animal pound.
WHEREAS Council may, by bylaw, regulate, prohibit and impose
requirements
in relation to
animals;
AND WHEREAS Council may, by bylaw, provide for the seizure of animals that are unlicensed,
unlawfully at large, straying or trespassing
on private
property or on unfenced land and not
securely tethered or contained; establish 'penalties to be paid in relation to animals seized; provide
for the disposition or destruction
of impounded
animals;
and
provide for the seizure
and
destruction of any animal that is subject
to suffering that cannot
othenlvise be reasonably
addressed;
AND WHEREAS a municipal employee, officer or agent designated
by the Council as an Animal
Control Of?cer, Bylaw Enforcement Officer or Pound Keeper,
may seize
a dog if the of?cer
believes on reasonable grounds, that the animal is a dangerous
dog;
AND WHEREAS an Animal Control Of?cer, Bylaw Enforcement Of?cer or Pound Keeper has
reasonable
grounds to believe that a dog is a dangerous
dog, the Of?cer may apply to the
Provincial Court for an order that the dog be destroyed
in the manner specified in the order;
NOW THEREFORE the Council of the Districtof Logan Lake, in open meeting assembled,
enacts
as follows:
1.
This bylaw may be cited as "Districtof Logan Lake Animal Control and lmpoundment Bylaw
893, 2022.
2.
In this bylaw the followingde?nitions apply:
"Aggressive
Dog" means any dog designated as an Aggressive Dog pursuant to this bylaw.
"Animal" means domestic animals and includes dogs, cattle, poultry and rabbits and/or wild
animals.
"Animal Control Officer"
means the person(s)
appointed
by the Council as an Animal
Control Officer, Bylaw Enforcement Officer and/or includes a Peace Officer.
"Animal Pound" means any building or enclosure used by the municipality from time to time
for the purpose of lmpoundment of animals.
"At Large" means a dog that is:
(a)
not leashed and under immediate control of a competent
person while on a highway or
in a park or other public space;
(b)
straying or trespassing
on private property; or
(c)
on unfenced land and not securely tethered or contained.
"Bark Excessively"
means any barking, howling, yelping or cries that unduly disturbs the
peace,
quiet, rest, comfort or tranquility of the surrounding
neighborhood
or vicinity, or of
persons in the neighborhood or vicinity.
"Bylaw Enforcement
Officer" means the person(s)
appointed by the Council as a Bylaw
Enforcement Of?cer, to enforce municipal bylaws.
"Cattle"
includes horse,
mule, swine,
sheep,
goat, cow, or other animal of the bovine
species.
"Coop" means a covered
enclosed
structure
to shelter Hens.
"Council" means the Municipal Council of the Districtof Logan Lake.
.
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Animal Control and lmpoundment
Bylaw 893, 2022
Page 2 of 10
"Dangerous
Dog" means any dog which has killed or injured a person or domestic animal,
or any dog the Animal Control Officer has reasonable grounds to believe is likely to killor
seriously injure a person because of but not limitedto:
(a)
its known propensity,
tendency
or disposition
to attack without
provocation
other
domestic animals or humans,
or othenivise threaten the safety of a persons or domestic
animals; or
(b)
When unprovoked, it attacks, chases,
or approaches
a person upon the street, sidewalk
or any public place in a menacing fashion or apparent attitude of attack; or
(c)
Reason to believe the dog is owned or harbored primarily or in part for the purpose of
dog fighting or is owned or trained for dog ?ghting.
Notwithstanding the above, a dog must not be deemed to be a 'Dangerous
Dog' if the bite,
attack, or threat of attack was sustained by a person who, at the time, was committing a
willful trespass
or other tort upon the premises
occupied by the owner of the dog, or was
teasing,
tormenting, abusing, or assaulting
the dog or has, in the past, been observed or
reported to have teased,
tormented,
abused,
or assaulted the dog, or was committing or
attempting to commit a crime.
"Dog" means an animal of the canine species.
"District Office" means the municipal office located at #1 Opal Drive, Logan Lake, BC
"Hen" means a female chicken that is at least three (3) months of age or older.
"|mpound
fee" means a fee charged for the keeping of animals within the animal pound in
accordance
with Schedule "B"which is attached to and forms a part of this bylaw.
"incurable
disease"
includes, without limiting the meaning, rabies,
incurable injury, and
mutilation which would inevitably result in death;
"Leash" means a line, or chain used for the purpose of restraining a dog and which does not
exceed 183 centimeters in length and which is made of material of suf?cient strength that the
dog cannot break it;
"License
year" means the period from January 15'to December 315',both inclusive, in any
year;
"Municipality"
means the District of Logan Lake.
"Owner"
means
any person who owns, is in possession
of, harbors or has the careand
control of an animal.
"Parcel"
means a lot, block, or other area
in which land is held or into which land is
subdivided and which is registered
under one title, pursuant to the Land Title Act.
"Park"
means
and
includes
public parks,
playgrounds,
squares,
greens,
driveways,
roadways,
paths, buildings which are posted, designate and/or zoned as a Park, other than
designated Dog Parks.
"Pound"
means any facility maintained, or operated as an lmpoundment or boarding facility
in accordance
with this Bylaw.
"Pound
Keeper"
means the person(s)
appointed by the Council as the Pound Keeper and
may include the Animal Control Officer or Bylaw Enforcement Officer.
"Poultry"
means
all birds
or fowl normally
raised for food
or egg
production,
and
without
limiting the generality
of the foregoing,
includes:
Chickens
(hens,
roosters,
and
chicks)
Turkeys,
Geese,
Ducks,
artificially
reared
grouse,
partridge,
quail,
pheasant,
or ptarmigan.
'
"Pullet" means a young Hen, less than three (3) months
old.
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Animal Control and lmpoundment Bylaw 893, 2022
Page 3 of 10
"Public space"
means a place which is owned or controlled by a public body and which is
open to use by the public.
"Tether or Tethering"
means to be hitched, tied or fastened by a securing device.
"Ticket" means
a ticket in the form prescribed
under the Community Charter. Bylaw
Enforcement Ticket Regulation, Section 4.
"Unlicensed
Dog" means any dog over the age of (6) six months that is not licensed by the
Districtfor which the license for the current year has not been paid as provided in this Bylaw,
or to which the tag as provided by this Bylaw, is not attached.
"Veterinarian
certificate"
means a certificate issued by a registered Veterinarian.
"Wild animal" means any livingcreature in a natural state that is not tamed or domesticated.
"Zoning Bylaw" means the District of Logan Lake Zoning Bylaw and amendments thereto
.
in effect at the time of any bylaw violations related to this bylaw.
DOG REGULATIONS
a)
No person
shall keep or allow to be kept on any real property
more than a total of
three (3) dogs over the age of twelve (12) weeks.
b)
If a person
is providin
temporary
care for more than a total of three (3) dos
over
the age of twelve (12) weeks, they shall notify the animal
control
officer with the
number and species
of animals,
reason
and estimated
length of time they will be
provided
care.
c)
No person shall keep or harbor a dog which, by its barking or cries unduly disturbs the
peace, quiet, rest, enjoyment or comfort of the neighborhood.
d)
The owner of a female dog in heat shall keep the dog confined within a building or
kennel until she is no longer in heat.
e)
Every owner of a dog must ensure that any person who has care, custody or control of
their dog, must be competent
to restrain the dog.
f)
Aggressive Dog
An Animal Control Of?cer may designate
a dog as an Aggressive Dog
ifthe dog:
i)
Bites a human or animal without provocation;
ii)
Has a known propensity, tendency or disposition to attack a human or animal
without provocation, or
'
iii)
Has previously been designated
as an Aggressive
Dog and endangers
the
safety of a human or animal.
DOG LICENSES
a)
Every person who owns, possesses
or harbors any dog six (6) months of age or over
shall obtain a license for such dog and pay to the municipality the dog license fee in
accordance with Schedule "A"attached hereto and forming part of this bylaw.
b)
if purchasing a license for a spayed female or neutered male dog, the owner is required
to provide proof in the form of a Veterinarian Certi?cate, that the said dog has been
spayed or neutered and the certi?cate willbe sufficient proof for all subsequent licenses
issued for such dog.
c)
Upon payment of the license fee set out in Schedule "A"to this bylaw, the municipality
shall issue to the owner a dog license tag which shall be securely fastened to a collar or
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AnimalControl and lmpoundment Bylaw 893, 2022
Page 4 of 10
harness worn by the dog at all times except when the dog is penned up or enclosed on
the owner's land and premises.
A dog license shall be worn only by the dog for which it is issued and is not transferable
to another dog.
The Municipality may issue a duplicate dog license tag upon being satisfied by the owner
that the original tag issued by the municipality has been lost or stolen and upon payment
of the fee provided in Schedule "A"to this bylaw.
The owner of a dog shall provide proof of age to the Animal Control Officerfor any
unlicensed dog claimed to be less than six (6) months of age.
The municipality shall maintain records of the names of the owners of each dog for
which a license is issued, the date of the issuance of the license, the description of the
dog, the name of the dog and the license number.
HEN REGULATIONS
3)
Keeping of Hens is only permitted
on parcels within the R1
Single Family
Residential,
R3 - Small Lot Single Family Residential Zone and ER
-- Estate
Residential Zones of the current
Zoning Bylaw
b)
A Hen Owner Shall:
i.
be a resident of the property
where the Hens are kept; if the resident is not
the property
owner, an Agency Agreement
must also be submitted;
ii.
keep no more than five (5) Hens on any property
located within the R1 or R3
Zones;
iii.
keep no more than twenty-five
(25) Hens on any property
located within the
ER Zones as described
under Section
7 of this bylaw;
iv.
be permitted to raise their Hens from Pullets in the amounts
as described
in
b) ii and b) iii;
v.
not keep a rooster;
vi.
not permit a Hen within a residential dwelling unit or on a balcony or deck;
vii.
ensure proper cleaning
and animal husbandry
is followed at all times;
viii.
Every owner of backyard
hens shall provide a coop for the backyard hens,
with an outdoor
enclosure
attached
to the coop, which shall meet the
following specifications:
a. Coops must be fully enclosed
and constructed
in a mannerthat:
b. Eliminates
potential
for infiltration from predatory
animals and
rodents;
Provides reasonable
sound
attenuation;
. Ensures
proper ventilation and sufficient
space
for hens; and
Is accessible
for persons
to clean and maintain the coop.
Coops must be accompanied
by an attached
outdoor enclosure
that
is
.-°-gnn.p
i. enclosed
on all sides and entirely coveredfrom above in a
manner that will
ii. keep predators
and rodents out and prevent
hens from
escaping.
iii. iv. Coops
must provide a minimum of 0.5 m2 (5.38 square
feet) per hen inside
iv. the coop,
and a minimum 1 m2 (10.76 square
feet) of outdoor
enclosure
per hen.
ix.
locate the Coop behind to the side or rear of the principle
dwelling unit and
comply with all setback
regulations
as defined in the District of Logan Lake
Zoning Bylaw 675;
x.
ensure the Coop or related structures
comply with the setback
requirements
for accessory
buildings
and structures
in the District's Zoning Bylaw;
xi.
construct
and maintain each Coop and Pen in such a way that it is secure
from other animals and rodents and prevents
them from harboring
underneath
structures
or within walls;
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Animal Control and lmpoundment Bylaw 893, 2022
Page 5 of 10
xii.
ensure that each Hen remains at all times in a Coop or Pen and that each
Hen is kept within a Coop from sunset
to 7:00 a.m.;
xiii.
ensure the Coop is roofed and provide each Hen with its own nesting
box
and approximate
15cm perch;
xiv.
not keep a Hen in a cage unless for the purposes
of transport
of the Hen;
xv.
not slaughter,
euthanize
or bury a Hen on the property;
xvi.
not dispose
of a deceased
Hen other than by delivering it to a farm, abattoir,
veterinarian,
or other facility with the ability to lawfully dispose
of the
carcass;
xvii.
Feed for backyard hens must be stored in sealed containers
and not located
in an area accessible
by pests,
wildlife or domestic animals.
xviii.
Egs
produced
by backyard
hens are for personal
use only, with commercial
sales being expressly
prohibited.
xix.
The keeping of backyard
hens is subject
to any applicable
District of Logan
Lake policies, fees, and bylaws.
HEN LICENSES
a)
A;Hen Owner must obtain a license from the District to keep Hens. This process
includes:
i.
Completing
and submitting
a license application
prescribed
by the District;
ii.
Paying a one-time fee as described
in "Schedule
A" for obtaining
a Hen
Owner's
permit.
b)
The license is not transferable
to another
person
or property;
c)
There shall be no more than one Hen Owner per property.
KEEPING OF ANIMALS
a)
Keeping of animals on parcels withinthe ER
Estate Residential Zone of the current
Zoning Bylaw, are subject to the following provisions:
i)
the keeping of animals is an accessory
use and for the enjoyment and use of the
resident family and shall not constitute a commercial undertaking;
ii)
the total number of cattle or other similar large animals over the age of six months
shall not exceed two (2) per each 2-acre parcel;
iii)
the total number of fowl, rabbits, or other small fur bearing animals shall not exceed
twenty-?ve (25);
iv)
Poultry must be kept in accordance
with Section 5. of this Bylaw;
v)
all animals other than household
pets shall be properly caged, housed and fenced;
and
vi)
animal waste shall be controlled in such a manner that there will be no run off
beyond the perimeter of the owner's property.
b)
No person
shall keep any animal in or upon a highway, a public park or space
that
prohibits animals by posted signage.
c)
Wild animals are strictly prohibited from being kept or contained on any parcel within the
municipality.
d)
No person shall:
i)
Breed;
ii)
Possess;
u-
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.
6)
Ship;
Release;
v)
Exhibitfor entertainment;
or
Display in public;
either on a temporary
basis or permanent
basis, any prohibited animal identi?ed in the
BC WildlifeActs' Controlled Alien Species Regulation.
A person who keeps bees must:
i)
Have an Agricultural Permit for keeping bees;
ii)
Provide adequate water for the bees on the Person's property;
Maintain the bees in a condition that willreasonably prevent swarming, and
Keep hives at least 7.6 m away from each property
line, unless there is a solid
fence or hedge at least 1.8 m tall parallel to the property line with a 1 m setbacks.
8.
ANIMALWELFARE
3)
b)
Animal Cruelty
-- Notwithstanding any other provision in this Bylaw, no person shall:
i)
Abandon any animal;
ii)
In any way use poison, air pellet guns, bows and arrows,
?rearms, sling shots or
harmful devices on any Animal;
Tease,
torment, beat, kickor provoke an animal;
Cause, permit or allow an animal to suffer; or
v)
Train or allow any animal to ?ght.
Basic Animal Care Requirements
-- The owner of an animal must ensure that the animal
is provided with:
i)
Sufficient clean, potable drinkingwater;
ii)
Suitable food of suf?cient quantity and quality to allow for normal growth and the
maintenance of normal body weight;
Clean and disinfected food and water receptacles
that are located so as to avoid
contamination by excreta'
iv)
The opportunity for regular exercise suf?cient to maintain good health; and
v)
Necessary veterinary care when the animal exhibits signs of pain, injury, illness or
suffering.
iii)
Feeding Wildlife
-- A person must not intentionally feed or leave food out for the purposes
of feeding:
i)
Deer;
ii)
Racoons;
iii)
Squirrels;
iv)
Feral rabbits or other wildlife.
9.
PROHIBITIONS
a)
b)
No person
shall keep or permit to be housed
any animal or animals,
poultry (other
than Hens in accordance
with this bylaw and animals
as outlined
in Section
7 on
any land within the District boundaries,
except for dogs,
cats, small animals, small
lizards, turtles and fish.
Commercial
kennels,
commercial stables,
mink farms,
feedlots,
piggeries,
or other
similar service or non-agricultural product-based operations
are prohibited on any parcel
within the municipality.
No person shall permit or cause to permit an animal to be at large in the municipality.
No person shall permit a dog to attack an individual or another animal.
No person shall seize or remove or attempt to seize or remove an animal lawfully in the
custody of the Pound Keeper, Peace Officer or Bylaw Enforcement Of?cer.
AnimalControl and Impoundment
Bylaw 893, 2022
Page 6 of 10
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Animal Control and lmpoundment Bylaw 893, 2022
Page 7 of 10
10.
ANIMALPOUND, POUND KEEPER AND IMPOUNDMENT
8)
b)
9)
h)
1')
The Animal Pound means any building or enclosure located in the Public Works yard,
used by the municipality from time to time for the purpose of impoundment of animals.
The Pound Keeper shall maintain records containing the following information:
i) the number and description of each dog or animal impounded;
ii) the name of the person who brought or caused the animal to be impounded;
iii)the day and the hour on which the animal or dog was received, redeemed, released
to a local SPCA or registered animal shelter or destroyed;
iv) the fees paid by the redeeming party;
v) the amount of the proceeds of the sale, if any.
During any
period
of impoundment,
every animal or dog shall be supplied
with a
suf?cient quantity of food, water and shelter.
The Pound Keeper is hereby empowered
to enter any premises or private property in
order that he may control, seize or impound any dangerous or vicious animal, unlicensed
dogs, and/or and other animals which are at large.
The owner of an animal impounded pursuant to this bylaw, may redeem it from the
Animal Pound at any time within?ve clear days of the time of its impoundment, excluding
Saturday,
Sunday or Statutory Holidays, by paying at the Districtof?ce the impoundment
fee set out in Schedule "B"of this bylaw.
Subject to e) above, if an impounded animal is not claimed and redeemed within ?ve
clear days of the time of its impoundment, the Pound Keeper may dispose of the animal
by releasing the animal to a local SPCA or registered animal shelter for adoption.
Where
a licensed
dog is impounded,
it shall not be released
to a local SPCA or
registered
animal shelter for adoption, without ?rst giving notice to the owner of the dog
at the address shown on the license application.
The notice shall state that ifthe dog is
not claimed within 24 hours of the date of the delivery of the notice, the dog will be
released to a local SPCA or registered animal shelter for adoption.
Where an impounded dog or other animal is not claimed by the owner and is denied by a
local SPCA or registered animal shelter for adoption, the Pound Keeper shall with the
assistance of a Veterinarian,
have the dog or other animal destroyed.
Notwithstanding
any other provisions of this Bylaw, if it is found that any animal is
suffering from an injury, sickness or incurable disease
or from any other cause or is
unduly aggressive,
the Animal Control Officer may immediately cause the animal to be
destroyed if a licensed Veterinarian deems that the animal would not survive such injury,
disease or sickness, or that such animal constitutes a hazard or that it would be an act
of humanity to destroy such animal.
Dog Bites
-- Notwithstanding any other provisions of this Bylaw, because of the danger of
infection from dog bites, the following applies:
i)
A dog which bites any person, whether on private property or elsewhere,
must be
taken to a Pound by the Animal Control Office unless the owner forthwith delivers the
dog to the
Pound
or to some
place
where dogs
are kept under the personal
supervision of a licensed Veterinarian.
ii) Unless the licensed Veterinarian referred to in i) above,_recommends
in writing an
earlier release
because there is little likelihood of any infection, any dog so delivered
willbe kept at such place at the owner's expense for a period of 14 days.
The fees for such lmpoundment
shall be as set out in Schedule "B" lmpoundment
Fees, for each day or part of a day if it is the first occasion that the dog has been
impounded for biting a person, and/or an amount for each day or part of a day for any
Anima|'Control
and Impoundment Bylaw 893, 2022
Page 8 of 10
subsequent
such impoundments.
The fees must be paid by the owner before the
dog can be removed.
iv) If the dog is not removed within two days after the 14-day period, the dog will be
released
to a local SPCA
or registered
animal shelter
for adoption.
Where
an
impounded
dog is not claimed
by the owner and is denied by a local SPCA or
registered
animal shelter for adoption,
the Pound Keeper with the assistance
of a
licensed Veterinarian,
must have the dog destroyed.
v) If it is determined that the dog is suffering from Rabies or any other incurable
disease,
the Animal Control Of?cer may immediately contact a licensed Veterinarian
to destroy the dog.
11.
OFFENSES AND PENALTIES,
a)
Every person who violates a provision of this bylaw, or who suffers or permits any act or
thing to be done in contravention
of this bylaw, is guilty of an offence and subject to a
penalty by means of a ticket in the form prescribed
under the Community Charter, as
described in Schedule "B" which is attached to and forms a part of this bylaw; and in
addition, may be liable on summary
conviction to a penalty of not more than $2,000.00
and not less than $250.00.
Each day that such a violation or contravention is caused, or
allowed to continue, constitutes a separate
offence.
b)
Any person having been served with a ticket may pay to the District office during normal
of?ce hours withinthe time limitedfor such payment, a penalty in the amount established
for such violation in Schedule "B"
12.
GENERAL
a)
District of Logan Lake Animal Control and
Impoundment
Bylaw 723, 2012 and all
amendments thereto, are hereby repealed.
b)
This bylaw shall come into fullforce and effect on upon adoption.
READA FIRST AND SECOND TIMEthis 16"'day of August, 2022.
READA THIRD TIME this 11"'day of October, 2022.
-RECONSIDERED ANDADOPTED this 8"'day of November, 2022.
Ce:
ied a true copy cxfthe
Egééstrictof LczganLake
Resoiu?-cu":
NO.
or
E:'1y§2aw
_ ,
Dated
Ma
r(R.SmIth)
Co porateof?
r(L. Grimm)
Animal Control and Impoundment Bylaw 893, 2022
Page 9 of 10
Unneutered or Unspayed Dog
$36.00
Neutered or Spayed Dog
$13.00
Duplicate License
$ 7.00
Do
License Fees
Schedule "A"
Animal Control and Im oundmentB
law 893 2022
Hen Owner Permit (One-time fee)
$ 50.00
Hen Permit Fees
lm oundment
Fees
First lmpoundment
$ 45.00
Second lmpoundment
$ 75.00
(in same license year)
Third and subsequent
impoundments
$125.00
(in same license year)
Animals held for more than 24 hours
$25.00/day
YP
Schedule "B
Section
Fine
Offence
Section and Penalt
Removal of animal from
ound
No Hen Owner Permit
contravention
of Hen Regulations
Four or more do s on an
arcel
Do
barkin
or c
in and disturbin the
eace
Failure to confine female do
in heat
Do sin areas
rohibited b si na e
Kee in of vicious do s, animals or wildanimals
Contravention of Keeping of Animals in the ER zoning
rovisions
No do
license
ratino a commercial kennels
stables, etc.
Dog or other animal at large
-
15'offence
- 2""offence
3"'offence
3.a
3.c
3.d
7.b
10.d
7.a)
i to v
4.a
9.b
9.c)
9.c)
9.c
9.d
9.e
6.a
5.b)
i to xviii
$75.00
$50.00
$ 50.00
$50.00
$200.00
$75.00
$45.00
$100.00
$ 45.00
$ 75.00
$125.00
$200.00
$200.00
$1 00.00
$50.00
Do
attack
2. Animal Control and Im oundment B law 893, 2022
B law Offence
Animal Control and Impoundment Bylaw 893, 2022
Page 10 of 10