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Bylaw 693 - Animal Control
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A bylaw of the Corporation of the Village of McBride in the Province of British Columbia
(thereinafter called the "Village) to provide for the licensing, regulation, and control of dogs,
cats and animals within the Village of McBride.
NOW THEREFORE the Municipal Council of the Village of McBride in open meeting
assembled, ENACTS AS FOLLOWS:
1) SHORT TITLE:
This bylaw may be cited for all purposes as the "Animal Control Bylaw No. 693, 2009".
2) DEFINITIONS;
Animal: means any member of the animal kingdom, other then human being.
Animal Control Officer: means a person designated by Council as an Animal Control
Officer for the Village and includes all Bylaw Enforcement Officers, Public Works
Employees and the Chief Administrative Officer of the Village or his/her delegate.
At Large:
a)
When used in reference to a dog means any dog being elsewhere than on the
lands and premises of the person having care, control and custody of the dog
unless firmly attached to a leash held by a person competent to restrain the dog;
b)
When used in reference to any other animal means being elsewhere than on the
lands and premises of the person having care control and custody of that animal.
Bird: includes a bantam, ornamental bird, pigeon, dove, show bird, and any type of
poultry.
Boulevard: means the area between the curb lines of a roadway or lateral lines of a
roadway or the shoulders thereof and the adjacent property lines and includes
sidewalks.
Cat: means any weaned animal of the domesticated feline species.
Livestock: includes horses, swine, goats' sheep, mules or other animals of bovine and
equine species.
Chief Administrative Officer: means the person appointed by Council, from time to time
as Chief Administrative Officer for the Village of McBride, or his or her designated
alternate.
Corporation of the Village of McBride
Animal Control Bylaw No. 693, 2009
Bylaw 693 - Animal Control
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Competent Person: means a person who is not intoxicated, and who is physically able
to exercise control over an animal.
Council: means the Municipal Council of the Village of McBride.
Dangerous Dog: in addition to the definition in the Community Charter,
a) means a dog that according to the records of the Village, the Pound keeper or the
Police has injured or killed a human or animal, or has aggressively pursued or
harassed a person or animal without provocation;
b) that, to the knowledge of its owner, has killed or injured a person or animal or has
aggressively pursued a person or animal without provocation;
c) any dog with a known propensity, tendency or disposition to attack without
provocation humans or animals or otherwise threatens the safety of persons or
animals;
d) is specifically bred or trained for fighting purposes
Notwithstanding the above, a dog shall not be determined 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 wilful 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.
Defecate: means to discharge feces from the bowels.
Dog: means an animal of the species canine.
Feces: means waste matter discharged from the bowels
Enclosure: means a fence or structure of at least six (6) feet in height forming or
causing an Enclosure suitable to prevent the entry of young children and suitable to
confine a vicious or dangerous dog.
Guide Dog: means a dog used by the blind or otherwise disabled person to assist them
with daily living and to avoid hazards and for which a certificate has been issued under
the Guide Animal Act.
Habitually Noisy Dog: means a dog that barks continuously for over 20 minutes and has
done so on more than ten (10) separate occasions within a thirty day time period.
Harbourer: means a person who has in his care or control, or has been entrusted with
the care or control of any animal.
Impoundment: means to seize and confine an animal and place it in the established
pound.
Kennel: means any building or structure in which three (3) or more dogs or cats over the
age of four (4) months are kept, harboured trained, cared for or bred, for remuneration or
for the purposes of sale.
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Kennel License: Means a license issued to any person who keeps, harbours, treats or
lodges three (3) or more dogs or cats that are over the age of (4) months at a Kennel
facility.
Keeps: means possesses, harbours, brings upon for a period in excess of 24 hours or
feed on a regular basis on a parcel of land.
Leash: means a chain, harness, line, thong or rope, not exceeding 2.44 m (8 feet), that
is of sufficient strength to restrain the animal without breaking.
License: means a licence that has been issued and paid, for the current licensing year.
Licence Tag: means a metal license tag issued for the current licensing year.
Licensed: means a dog/cat that is wearing on its collar or harness, a licence tag.
Licensing Year: means that time period between January 1, and December 31 in any
year.
Municipality: means the "Corporation of The Village of McBride".
Owner: means any person who is in possession of or who has care, custody, and control
of an animal, or in the case of a dog, and person whose name appears on the dog
licence.
Park: means any property acquired by the Village by means of purchase, lease or
otherwise and held for pleasure, recreation, or community uses of the public.
Person: means and shall include an actual person, household, corporation, firm, or co-
partnership.
Police: means a member of the Royal Canadian Mounted Police.
Poultry: means domestic fowl, chicken, duck, geese and turkeys.
Pound: means the Municipal Pound established by Council or any vehicle used by the
pound keeper or any other premises used to harbour and maintain animals pursuant to
this bylaw.
Pound keeper: means the person or persons from time to time appointed by the Council
as the Animal Control Officer.
Public Place: includes all highways, boulevards, parks or other real property owned,
held, operated or administered by the Crown, Municipality or by the School District within
the Municipality.
Rabbit: means a burrowing, gregarious herbivorous mammal of the hare family.
Unlicensed: means any dog/cat for which the license fee for the current year has not
been acquired, and to which a current tag issued by the Village is not attached.
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Village: Means the "Corporation of the Village of McBride"
Zoning Bylaw: means the "Corporation of the Village of McBride Zoning Bylaw.
3) POUND & POUND KEEPER
POUND
The establishment, maintenance, and operation of facilities for the impounding of
animals at such place or places and upon such premises designated by resolution of
Council is hereby authorized.
POUND KEEPPER
1) The authority to seize and impound animals conferred by this Bylaw upon the Pound
Keeper may be exercised by the Police.
2) The pound keeper shall report to the Village office the following information:
a) The number and description of each dog impounded;
b) The name of the person who brought or caused the animal to be impounded;
c) The day and the hour on which the animal was received, redeemed, sold or
destroyed;
d) The fees paid by the redeeming party.
3) The pound keeper may destroy any animal suffering from an incurable disease, upon
certification of the animal's condition by a licensed veterinarian, or as specifically
authorized by the Provincial or Federal Statutes or Regulations.
4)
IMPOUNDMENT
(1) Any dog, which is found running at large contrary to this bylaw, shall be liable to
seizure and impoundment by the pound keeper
(2) Any dog, which has not been licensed in accordance with this Bylaw, shall be liable
to seizure and impoundment by the pound keeper.
(3) Any animal that in the opinion of the pound keeper is suffering shall be liable to
seizure and impoundment by the pound keeper.
(4) No person shall hinder, delay, or obstruct in any manner, directly or indirectly, any
person engaged in driving, loading, or carrying to the pound any animal liable to
seizure and impoundment under this Bylaw.
(5) No person shall break open or in any manner, directly or indirectly, aid or assist in
breaking open the pound, or take or release any animal therein without the consent
of an Animal Control Officer.
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(6) The pound keeper shall ensure that all animals seized and impounded pursuant to
this Bylaw shall receive sufficient food, water, shelter, attendance and that they are
not mistreated while under seizure or impoundment.
(7) An owner of an impounded animal, or any person on the owner's behalf and with the
owner's authority in writing may redeem the impounded animal at any time prior to its
sale, destruction, or disposal pursuant to this bylaw:
a. Delivery to an Animal Control Officer of evidence satisfactory to the Animal
Control Office of ownership of the impounded animal;
b. Payment of the fees, costs and charges incurred in respect of the seizure and
impoundment of the animal set out in Schedule "A" ;and
c. Payment of the current requisite licence fee where the impounded animal is
required to be licensed pursuant to this bylaw, and is not licensed.
(8) Subject to section 4(7) of this bylaw, if an impounded animal is not claimed and
redeemed within three (3) clear days of the time of its impoundment, then the pound
keeper may destroy the animal or sell it for not less than the amount of the
impoundment fee.
5)
LICENSING
(1) No person being the owner or occupier of a parcel of land shall cause or permit the
keeping or harbouring on that parcel more than three (3) dogs and three (3) cats
over the age of four (4) months without holding a valid kennel license, in addition to
obtaining licenses for each of the dogs or cats over the age of four (4) months as
provided for in this bylaw. No person may be issued a kennel license in
contravention of the Zoning Bylaw.
(2) No person shall keep or permit to be kept on a parcel a dog or cat over the age of
four (4) months unless a license has been obtained from the Municipality for that
animal.
(3) Every owner of a dog or cat must in each licensing year apply for a license by
February 28th of each year and pay the fee set out in Schedule "A" and provide the
name breed, age, colour and sex of the animal and state whether the animal is
spayed or neutered.
(4) A person who acquires a dog or cat over the age of four (4) months must obtain a
new license with in fourteen (14) days, even if the dog was already licensed in the
Municipality.
(5) The issuance of licenses is the responsibility of the Chief Administrative Officer or
such other persons as may be appointed by the Chief Administrative Officer from
time to time.
(6) No license shall be issued to or in the name of any person under the age of
nineteen (19) years of age.
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(7) Every owner must ensure that they have acquired a valid license tag for their dog or
cat.
(8) Every annual license expires on the 31st day of December of the year during which
it is issued. The owner of every dog or cat in respect of which a license fee is due
on the 1st day to January in any year and who fail to take out and pay for the license
on or before the 28th day of February in that year shall pay such fee as set out in
Schedule "A" of this bylaw. The additional fee provided for in this section does not
apply to any dog or cat purchased or acquired in the calendar year for which the
license is issued.
(9) A dog license or cat license and license tag shall not be transferred to another
owner or another dog or cat.
(10) The Village may issue a replacement license tag upon being satisfied by the owner
that the original tag issued by the Village has been lost or stolen and upon payment
of the fee provided in Schedule "A to this Bylaw.
(11) The Village shall keep a recorded of the name and address of the owners or each
dog and cat for which a license is issued, the date of the issuance of the license, the
description of the dog or cat and the license number.
(12) No license fee, late licensing penalty or replacement dog license tag fee shall be
charged for guide dogs or police dogs.
PART 1- DOGS
7) CONTROL
(1) It is the owner's responsibility to ensure their dog is in compliance with this Bylaw.
(2) No person shall own, possess, or harbour more than three (3) dogs over the age of
four (4) months, on any parcel of land within the Village.
(3) No person shall permit their dog(s) to be at large within the Village and must ensure
that their dog(s) is kept confined within the boundaries of their property.
(4) No person shall allow his/ her dog to bite, attack, terrorize or endanger a person or
animal.
(5) The owner of a dog must not permit, suffer or allow their dog to harass or molest a
person or animal.
(6) All dogs when in public must be accompanied by and under the effective control of a
person competent to restrain the dog, and be on a leash not exceeding 2.44 m
(8feet) in length. This section does not apply to dangerous dogs.
(7) No person shall not cause or allow any dog to defecate on any street, boulevard,
public school ground, park or any other public place, or on any private property other
Bylaw 693 - Animal Control
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then, that of the property of the dog owner or the person having control of the dog,
unless the person immediately removes the excrement and disposes of it in a
sanitary manner.
(8) Section 7(5) does not apply to a person with a disability accompanied by a guide
dog, or to an on duty police officer accompanied by a police dog.
(9) The owner of a female dog must not permit, suffer or allow their dog, while she is in
heat, to be in any place other than a building, cage, fenced-in area or other place
from which the dog cannot escape so that she cannot come into contact with other
dogs.
(10)
No person shall keep or harbour within the Village a habitually noisy dog.
(11)
The pound keeper is hereby authorized to seize and impound unlicensed dogs
and dogs which are at large.
8) DANGEROUS DOGS
(1) Every owner of a dangerous dog must at all times, while the dog is on the premises
owned or controlled by such person, keep the dog securely confined either in doors
or in an enclosed pen or enclosure in the rear of the yard capable of preventing the
entry of young children and adequately constructed to prevent the dog form
escaping.
(2) No person shall cause, suffer or permit any dangerous dog owned by him /her to any
public place, unless the dog is muzzled by a properly fitted humane device and is
firmly on a leash that does not exceed 2.44 (8 feet) in length held by a person
competent to restrain the dog or secured within an enclosed motor vehicle.
(3) No person shall cause, suffer or permit any dangerous dog owned by him/her to be
on any private lands and premises without the consent of the occupier of such lands
and premises and when on such lands and premises the dangerous dog must be
confined as outlined in Section 8(1) or leashed and muzzled as set out in Section
8(2).
(4) The owner of a dangerous dog must display at each entrance to the property where
the dog is kept, a sign stating "BEWARE OF DOG", which sign must be posted so
that it cannot be removed and will be visible and capable of being read from the
sidewalk, street or land abutting the entrance to the property or building.
(5) The owner of a dangerous dog must advise an Animal Control Officer and the Village
immediately if the dog is at large.
(6) The owner of a dangerous dog must advise an Animal Control Officer and the Village
immediately if the dog has bitten or attacked any person or animal.
(7) Any enclosure or pen referred to in Section 8(1) shall:
Bylaw 693 - Animal Control
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a. be of sufficient height and strength and stability to contain the dog and form a
confined area with no side in common with a perimeter fence or property line;
and
b. have sides which are either buried 60 centimetres into the ground or
embedded in an concrete pad; and
c. have a secure top attached to all sides, and have a gate and is self-closing
and has a lock ; and
d. be capable of containing the dog(s) in a secure and humane manner; and
e. be approved by the Village.
PART 2 - CATS
9) CONTROL
(1) It is the owner's responsibility to ensure their cat is in compliance with this Bylaw
(2) No person shall own, possess, or harbour more than three (3) cats over the age of
four (4) months, on any parcel of land within the Village.
(3) No person shall permit their cat(s) to be at large within the Village and must ensure
that their cat(s) is kept confined within the boundaries of their property.
(4) No person shall keep, harbour or have in his/her possession any cat(s) suffering
from any infectious or contagious disease, unless such cat is in isolation and under
treatment for the cure of such disease.
PART 3 - LIVESTOCK, POULTY AND RABBITS
10) CONTROL OF LIVESTOCK
(1) The owner of livestock shall not permit, suffer or allow their livestock to;
a. Run on a highway;
b. Run in a public place;
c. Stray or trespass on a highway;
d. Stray or trespass in a public place;
e. Stray or trespass on private property;
f. Graze on unfenced land, unless they are securely tethered.
(2) The keeping of livestock is to be in accordance with the provisions of the Zoning
Bylaw.
(3) Horses may be ridden within Village Boundaries. However the owner is
responsible for the disposal of any manure caused by their horse. Failure to comply
may result in the fines as set out in Schedule "A" hereto.
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11) CONTROL OF POULTRY / RABBITS
(1) The owner of any poultry or rabbits shall not permit, suffer or allow their poultry or
rabbits to:
a. Run on a highway;
b. Run in a public place;
c. Stray or trespass on a highway;
d. Stray or trespass in a public place;
e. Stray or trespass on private property;
f. Graze on unfenced land.
(2) The keeping of poultry and rabbits is to be in accordance with the provisions of the
Village zoning bylaw.
12)
IMPOUNDMENT
(1) The pound keeper may seize and impound livestock, poultry and rabbits found at
large.
(2) Impounded livestock, poultry or rabbits may be reclaimed by their owners, where
ownership has been established to the satisfaction of the pound keeper and paying
the impoundment and maintenance fees listed in the attached Schedule "A"
(3) Impounded livestock, poultry or rabbits shall be kept in the pound for a period of
seventy two (72) hours.
(4) If the impounded livestock, poultry or rabbits are not claimed within the seventy two
(72) hour period, the pound keeper may destroy or sell such livestock, poultry or
rabbits for the best price that can be obtained.
PART 4 - PENALTIES
13)
TICKETABLE OFFENSES:
(1) A ticket may be issued in accordance with the procedure set out in Community
Charter/ Local Government Act.
(2) Penalty:
Except as otherwise provided in this bylaw, or the Village of McBride Ticket
Information Utilization Bylaw, and amendments thereto, any person who violates
any of the provisions of this bylaw or who suffers or permits any act or thing to be
done in contravention of this bylaw, or who refuses, or omits or neglects to fulfil,
observe, carry out or perform any duty or obligation imposed by this bylaw shall be
liable on summary conviction to a fine not exceeding TWO THOUSAND DOLLARS
($2,000.00).
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14)
INSPECTION:
The pound keeper may enter, at all reasonable times, upon any property subject to
the regulations of this bylaw in order to ascertain whether such regulations or
directions are being obeyed.
15)
EFFECTIVE DATE:
This bylaw shall take effect on January 1, 2010.
16)
REPEAL:
The corporation of the Village of McBride Animal Control Bylaw No. 534, 1994 and
amendments thereto, are hereby repealed.
READ A FIRST TIME THIS
8th
DAY OF
December
2009
READ A SECOND TIME THIS
12th
DAY OF
January
2010
READ A THIRD TIME THIS
12th
DAY OF
January
2010
ADOPTED THIS
26th
DAY OF
January
2010
Corporate Officer
Mayor
Certified a true copy of the
"Village of McBride
Animal Control Bylaw No. 693, 2009"
Corporate Officer
Bylaw 693 - Animal Control
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Corporation of the Village of McBride
Animal Control Bylaw No.693, 2009
SCHEDULE "A"
**CONSOLIDATED WITH VILLAGE OF MCBRIDE BYLAW 768, 2017 FEES AND
CHARGES**
Schedule of License Fees:
Female or Male Dog
Female or Male Cat
Duplicate license
Dangerous dogs
Every person owning a guide dog raised by the Canadian National Institute for the Blind or a
dog trained by the Western Canada Handi and Hearing Ear Society or a dog utilized by the
"Police Service Dog Section" of the Royal Canadian Mounted Police, shall be exempt from the
licensing provisions of this Bylaw.
Schedule of Pound Fees:
Impoundment:
For seizing and impounding a licensed dog
For seizing and impounding an unlicensed dog (includes cost of License)
For seizing and impounding a dangerous dog
For seizing and impounding an unlicensed dangerous dog
Maintenance fee for each 24 hour period
For seizing and impounding of Livestock
Maintenance fee for each 24 hour period
For seizing and impounding of Poultry / Rabbits
Maintenance fee for each 24 hour period
An owner may reclaim their impounded animal upon proving ownership and paying to the
Village the impoundment and maintenance fees.
Schedule of other fees:
Harbouring an unlicensed dangerous dog
Possessing or harbouring a habitually noisy dog
Failure to comply with manure and feces disposal
All fees are payable to:
The Corporation of the Village of McBride, 100 Robson Centre McBride BC, V0J 2E0
Bylaw 693 - Animal Control
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