Animal Regulation & Control Bylaw No. 2333, 1989 (Consolidated) — full text

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SUMMARY: The Animal Regulation and Control Bylaw is to license and regulate dogs, cats and other animals and to establish a municipal pound. This bylaw also outlines the license and impoundment fees. This Bylaw is a "consolidated" version and includes amendments up to the date listed in the bylaw heading. It is placed on the Internet for convenience only, is not the official or legal version, and should not be used in place of certified copies which can be obtained through the Administration office at City Hall. Plans pictures, other graphics or text in the legal version may be missing or altered in this electronic version. 1 THE CORPORATION OF THE CITY OF NELSON Bylaw No. 2333 REVISED: December 5, 2016 Being an Bylaw to Licence and regulate Dogs and Cats and Other Animals and to Establish a Municipal Pound ________________________________________________________________________ The Council of The Corporation of the City of Nelson, in open meeting assembled, enacts as follows: INTERPRETATION 1. In this Bylaw: "Animal" means domestic animal and includes dogs, cats, cattle, poultry and rabbits. "Apiary" means any structure, shed, stand, bee house, or place in which a colony or colonies of bees are kept. "At Large" means: (a) With respect to a dog: (i) in or upon the lands or premises of any person other than the owner of the dog without the consent, express or implied, of that person; (ii) in or upon a highway or public place not prohibited to dogs, unless on a leash or under the control of a competent person; and (b) With respect to other animals means being in or upon the lands or premises of any person other than the owner without consent, express or implied, of that person. "Bylaw Enforcement Officer" means persons acting as any of the following are designated for the purposes of this Bylaw and the Local Government Bylaw Notice Enforcement Act: a) Special constables, officers, members or constables of the Nelson Police Department; b) Bylaw Enforcement Officers appointed pursuant to the Police Act and Community Charter; c) Local Assists to the Fire Commissioner under Section 6 of the Fire Services Act; d) Bylaw Enforcement Officers, licensing inspectors, building inspectors, animal control officers or other persons acting in another capacity on behalf of a municipality, regional City or local trust committee for the purpose of enforcement of one or more of its Bylaws. (Amended by Bylaw No. 3304, 2015) Consolidated for Convenience to Include Bylaw No. 2531, 2546, 2638, 2686, 2777, 2705, 2908, 2966, 3003, 3304, 3338, 3357 2 "Bylaw Notice" means a ticket issued under the Bylaw Notice Enforcement Bylaw. (Amended by Bylaw No. 3304, 2015) "Bylaw Notice Enforcement Bylaw" means the City's Bylaw Notice Enforcement Bylaw as amended or replaced from time to time. (Amended by Bylaw No. 3304, 2015) "Cat" means an animal of the feline species, apparently over the age of four (4) months. "Cattle" includes horse, mule, swine, sheep, goat, cow or other animal of the bovine or equine species. "Council" means the Municipal Council of The Corporation of the City of Nelson. "Dog" means an animal of the canine species. (Amended May 23, 1995, Bylaw No. 2705) "Fees and Charges Bylaw" means the City's Fees and Charges Bylaw, including all amendments and replacements thereto. BL3357 Added Definition "Incurable Disease" includes rabies, incurable injury and mutilation which would inevitably result in death. "Kennel" means a parcel where three or more dogs are kept, trained, cared for, bred or boarded for remuneration or for the purposes of sale. "Leash" means a chain or other material capable of restraining a dog and which does not exceed 6 feet (183 centimeters) in length and which is made of material sufficient in strength that the dog cannot break it. (Amended by Bylaw No. 3304, 2015) "Leash Area" means areas of the municipality shown in Schedules "A" and "B" of this bylaw where all dogs must be on a leash. BL3357 Amended Definition "License" means a license issued pursuant to this Bylaw. "License Year" means the period from January 1st to December 31st, both inclusive, in any year. "Municipality" means The Corporation of the City of Nelson. "Owner" means a person: a) to whom a licence for a dog has been issued under this bylaw; or b) who owns, is in possession of, or has the care or control of an 3 animal, temporarily or permanently; or c) who harbors, shelters, permits or allows an animal to remain in or about that person's land or premises; or d) who is the custodial parent or legal guardian of a child under the age of eighteen (18) years who owns, is in possession of, or has the care or control of a dog. (Amended by Bylaw No. 3304, 2015) "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" "Peace Officer" means a police officer, police constable, constable or other person employed for the preservation and maintenance of the public peace. "Pit Bull Terrier" means and includes American Pit Bull Terrier, Pit Bull, Staffordshire Bull Terrier, American Staffordshire Terrier or any dog of mixed breeding which includes any of the aforementioned breeds. "Poultry" means chickens, pigeons, turkeys, geese, ducks, pheasant, partridge, quail and includes both the male and the female species. "Pound" means a place where the municipality harbours and impounds animals for any reason outlined in this bylaw. (Amended by Bylaw No. 2908) "Public Place" means a place which is owned or controlled by a public body and which is open to use by the public. "Restricted Zone" means areas of the Municipality as shown on Schedule "A" and "B" of this bylaw. BL3357 Amended Definition "SPCA" means Society for Prevention of Cruelty to Animals. "SPCA Inspector" means an Inspector duly appointed as such under authority of the Society For Prevention of Cruelty to Animals. "Ticket" means a ticket by which an Information may be laid and a Summons issued in accordance with the procedure set out in the Offence Act which is applicable to the enforcement of this Bylaw. "Under Control" means with respect to dogs not being on a leash, such dogs shall at all times be within five (5) meters of its owner or other competent person in control of the dog. (Amended by Bylaw No. 2638, May 9th, 1994) "Unlicensed" means that a licence under this Bylaw has not been issued for the current year, or having been issued, means the tag provided for under this Bylaw has not been attached in accordance with this Bylaw. 4 "Vicious Dog" means any dog over the apparent age of four (4) months: (a) with a known propensity, tendency or disposition to attack without provocation other domestic animals or humans; or (b) which has bitten another domestic animal or human without provocation; or (c) which is a Pit Bull Terrier, American Pit Bull Terrier, Pit Bull, Staffordshire Bull Terrier, American Staffordshire Terrier or any dog of mixed breeding which includes any of the aforementioned breeds. "Working Dog" means an active guide dog, or a dog actively involved in a Puppy Walking Program sponsored by the Canadian Guide Dogs for the Blind, an active police dog, an active security guard dog and an active search and rescue dog. (Amended by Bylaw No. 2638, May 9th, 1994) DOG LICENCES 2. No person shall own a dog on or after the commencement of the licence year without obtaining forthwith from the Municipality and holding a licence for the dog. 3. (a) Upon payment of the appropriate licence fee set out in the Fees and Charges Bylaw, the Municipality shall issue to the owner a dog licence tag which shall be securely fastened to a collar or harness worn by the dog at all times. BL3357 Amended. (b) A person who has paid a licence fee for an unneutered male dog or an unspayed female dog and who can produce a veterinarian certificate for such dog being neutered or spayed within the year in which such licence was purchased, shall be eligible for a refund equal to the difference between the licence fee paid and that of a neutered or spayed dog licence fee. (c) Before issuing a license for a Vicious Dog, the City may require the owner to furnish proof of liability insurance, for the entire period of licensing, of at least $1,000,000 covering the premises where such Vicious Dog is kept, which insurance shall include claims arising out of dog bites or dog attacks. (Amended by Bylaw No. 2686, January 23rd, 1995) 4. A dog licence shall be worn only by the dog for which it was issued and is not transferable to another dog, or to an owner other than the person to whom was issued the licence. 5. The Municipality may issue a duplicate dog licence tag upon being satisfied by the owner that the original tag issued by the Municipality has been lost or stolen, upon payment of the fee provided in the Fees and Charges Bylaw. BL3357 Amended. 6. A licence may be issued to a person under the age of seventeen (17) years if the application for the licence is accompanied by a written consent by the parent or 5 guardian of the applicant and in that case the parent or guardian is deemed to be the owner of the dog for the purposes of this Bylaw. 7. The Municipality shall keep a record of the name and address of the owner of each dog for which a licence is issued, the date of issuance of the licence, the description of the dog and the licence number. (Amended by Bylaw No. 2638, May 9th, 1994) 8. (a) Vicious Dogs i. No owner, possessor or harbourer of a Vicious Dog, or any other dog, cat or any other animal shall permit or cause it to be at large in the Municipality. ii. No person shall cause, suffer or permit any Vicious Dog owned or harboured by such person to be on a highway or in any public place, or to be on any private lands and premises without the consent of the occupier of such lands and premises and unless such Vicious Dog is on a leash and effectively muzzled. iii. Every owner, possessor or harbourer of a vicious dog shall at all times, while the dog is on the premises owned or controlled by such person, keep the dog securely confined, either indoors or in an enclosed six foot high chain link fence or other material approved by the Municipality. iv. The Bylaw Enforcement Officer may impound any vicious dog found to be in a place or in circumstances prohibited by this Bylaw and deliver it to the Municipal Pound. (b) Dog Leash, Off Leash and Restricted Area Requirements (Amended by No. 3304, 2015) BL3338 - Replace Sec. i and ii; Add Section vi BL3357 Replace Sched C with Sched A and Sched D with Sched B i. All dogs shall be on a leash held by a responsible person in the Downtown Core as defined in Schedule "A" of this Bylaw; ii. All dogs shall be on a leash held by a responsible person in the Waterfront Dog Leash Area as defined in Schedule "B" of this Bylaw; iii. No dog shall be permitted within the Waterfront Restricted Area as defined in Schedule "B" of this Bylaw; iv. Dogs shall be permitted off leash in the Waterfront Dog Off Leash area as defined in Schedule "B" of this Bylaw; v. All other provisions of this bylaw shall also apply to Dog Leash and Off Leash Areas as defined in Schedules "A" and "B" of this Bylaw; vi. All dogs shall be on a leash held by a responsible person in all City Parks save and except areas in Lakeside Park identified in Schedule "B" of this Bylaw 9. The owner of a female dog in heat shall keep it confined within a building or kennel, until the dog is no longer in heat. 10. No person shall rescue or attempt to rescue a dog or cat or any other animal lawfully in the custody of the Bylaw Enforcement Officer or Peace Officer pursuant to this Bylaw. 6 11. No person, family or household shall keep more than two (2) dogs and more than (2) cats on any parcel in any residential zone in the municipality. 12. No animal or poultry, except for a dog or cat, shall be kept or harboured within the Municipality. 13. No animal or poultry shall be tied, secured or fastened to any public building, structure, traffic control post, parking meter post, sign, tree or power pole on a public place within the Municipality. POUND 14. The establishment, maintenance and operation of facilities for the impounding of animal at such places and upon such premise as the Council may by resolution from time to time determine is hereby authorized. BYLAW ENFORCEMENT OFFICER 15. The authority to seize and impound animals conferred by the Bylaw upon the Bylaw Enforcement Officer may be exercised by a Peace Officer. 16. The Bylaw Enforcement Officer is hereby authorized to seize and impound unlicensed dogs, dogs and other animals which are at large and any other dog or other animal that is found in contravention of any of the provisions of this bylaw. (Amended by Bylaw No. 2638, 1994) 17. The Bylaw Enforcement Officer is hereby authorized at any time, in consultation with a Peace Officer or SPCA Inspector, to destroy or cause to be destroyed, any animal suffering from any incurable disease. 18. (a) The Bylaw Enforcement Officer shall pick up and remove any dead or injured dog, cat, or other animal from any highway, street, lane, sidewalk, boulevard, public park, public parking lot or other public place or any private land or premises if requested by the owner. (b) The Bylaw Enforcement Officer may at any time within his discretion destroy, or cause to be destroyed by a Peace Officer or SPCA Inspector, any dog cat, or other animal suffering from injury or mutilation at the expense of the owner. 19. The municipality shall keep a record containing the following information: (a) the number and description of each animal, dog and cat 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; (e) the amount of the proceeds of the sale, if any. (Amended by Bylaw No. 2908) 7 IMPOUNDMENT BL3357 Replaced Sched B with Fees & Charges Bylaw 20. (a) The owner of an animal (except a Vicious Dog) impounded pursuant to this Bylaw may redeem it from the pound at any time within forty-eight (48) hours from the time of its impoundment, exclusive of Saturdays, Sundays, and Statutory Holidays, by paying forthwith, to the Municipality the impoundment fees set out in the Fees and Charges Bylaw. (b) The owner of a Vicious Dog impounded pursuant to this Bylaw may redeem it from the pound at any time within twenty-four (24) hours from the time of its impoundment, exclusive of Saturdays, Sundays, and Statutory Holidays, by paying forthwith to the Municipality the impoundment fees set out in the Fees and Charges Bylaw. (Amended by Bylaw No. 2686, January 23rd, 1995) 21. Subject to Section 22 of this Bylaw, if an impounded animal is not claimed and redeemed within the time limits provided in Section 20 of this Bylaw then the Bylaw Enforcement Officer may destroy the animal or sell it for not less than the amount of the impoundment fee. (Amended by Bylaw No. 2686, January 23rd, 1995) 22. (a) Where a licensed dog is impounded it shall not be sold or destroyed without first delivering by hand or sending a notice by double registered mail to the owner of the dog at the address shown on the Licence Application. The notice shall state that if the dog is not claimed within the time limits outlined in Section 20, the dog will be destroyed at the owner's expense. For the purpose of this section, the time limited outlined in Section 20 of this Bylaw shall commence at the time of delivery of or mailing of the notice. (b) Where an unlicensed dog is impounded and is not redeemed within the time limits outlined in Section 20 of this Bylaw, the dog will be destroyed at the owner's expense. (Amended by Bylaw No. 2686, January 23rd, 1995) CATS - CONTROL AND IMPOUNDING 23. (a) On receipt of a complaint, the Bylaw Enforcement Officer may impound and detain any stray or unwanted cat and shall supply such cats with sufficient food, water, shelter and attendance. (b) Any cat which has been seized and impounded and which has not been claimed by the owner within forty-eight (48) hours, exclusive of Saturdays, Sundays, and Statutory Holidays, of such seizure may be sold, given away, or humanely destroyed by the Bylaw Enforcement Officer, at the owner's expense. CRUELTY TO DOGS, CATS AND ANIMALS 24. No person shall abandon any dog, cat, or other animal within the Municipality. 8 25. No person shall in any way use poison, air pellet guns, bows and arrows, firearms, sling shots, and the like on any dog, cat or other animal within the Municipality. 26. No person shall tie up or chain a dog with a chain or a rope that is less than three (3) metres in length. 27. No person shall offer for sale, or offer free of charge, or otherwise discard or dispose of any dog, cat, pup, kitten or other animal on any highway, land, boulevard, parking lot or public place within the Municipality. KENNELS 28. (a) Subject to Section 11 of this Bylaw, an owner of a kennel which complies with all other relevant Municipal Bylaws, shall apply to the Municipality for a kennel license and upon payment of the kennel license fees as set out in the Fees and Charges Bylaw, and proof of compliance with all other relevant Municipal Bylaws, the owner shall be issued a kennel license and license tags for each dog kept in the kennel. Amended by BL3357 (b) A kennel license is not a substitute for a license required by the Municipality's Business License Bylaw and does not relieve an owner of a kennel from compliance with that Bylaw or any other relevant Bylaw of the Municipality. (c) No person shall: (i) have or keep more than ten (10) dogs in a kennel; (ii) permit or cause a dog to be unattended or uncontrolled in an open air run in a kennel between the hours of 9:00 p.m. and 7:00 a.m. (iii) allow a dog to run loose in a kennel except in an adequately fenced area; (iv) permit or cause barking, yelping, howling or other frequent noise to emanate from a kennel. 29. The owner or operator of a kennel shall: (a) ensure that all animals in the kennel are under control and are restrained from frequent barking, yelping, howling or making other noises; (b) keep the kennel at all times in good repair; (c) keep the kennel and the yard surrounding it at all times in a clean and sanitary condition and free of vermin and rodents; (d) collect all uneaten food from the kennel daily, wrap it and place it in a garbage receptacle for collection. (e) dispose of all manure, dung, or refuse and all liquid wastes from the kennel in a manner which meets the approval of the Medical Health Officer and the Municipality; (f) dispose of all hair clippings and waste paper in a sanitary manner; (g) keep the kennel regularly cleaned and disinfected and free from any offensive or objectionable odours to the satisfaction of the Medical Health Officer and the Municipality. 9 APIARIES 30. No person shall set up, establish, construct or operate an apiary within the boundaries of the Municipality. GENERAL PROVISIONS 31. No owner shall permit any dog to run at or attack any person peaceably travelling on foot or by means of any vehicle on any public street or place or private property in the Municipality. Upon hearing of any complaint under this Section, a judge of a court having jurisdiction may, in addition to any other penalty, if the said dog shall have done any damage, order the owner of the said dog to pay such damage as the dog may have caused and may order the owner to confine or muzzle the dog, or may order the owner to deliver the dog to the Bylaw Enforcement Officer, who shall forthwith destroy the dog, at the owner's expense. 32. No person shall permit or cause any dog to cry, bark, yelp, howl or make other noises, in a manner which disturbs the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in the vicinity of the place where the dog is kept. 33. In the event of an outbreak or threatened outbreak in the Municipality of rabies or any other disease affecting dogs which may be transmitted to human beings, the Council may at any time, by resolution, order and direct that: (a) all dog owners shall securely tie their dogs up, or otherwise effectively confine and prevent then from being at large in the Municipality; and (b) all dogs at large, whether licensed or not, shall be taken to the pound by the Bylaw Enforcement Officer and kept there until claimed, sold or destroyed, pursuant to Section 20 of this Bylaw. EXCEPTIONS 34. (a) Except for Sections 2, 3, 4, 10, 18 and 35, the provisions of this Bylaw shall not apply to a working dog used solely for the purpose of: (i) a guide dog assisting the blind.(amended by Bylaw No. 2638, May 9, 1994) (ii) a dog actively involved in a Puppy Walking Program sponsored by the Canadian Guide Dogs for the Blind (iii) search and rescue, prevention of crime, apprehension of criminal suspects, tracking and other related tasks provided such working dog is under the control of a Police Officer or such other person authorized by the Chief of Police for the City of Nelson; (iv) guarding public and private property, including real and personal property, land, buildings and structures, provided such working dog is owned and under the control of a bonafide security business. (b) The provisions of this Bylaw shall not apply to a bonafide Animal Hospital 10 or Veterinarian Clinic operating within the City of Nelson. (c) Nelson City Council may grant exemptions from Section 8.2 of this Bylaw to individuals or groups for special events, parades or other circumstances deemed desirable for the community. (Amended Bylaw No. 3003, 2004) 35. (a) No owner shall permit his or her dog to defecate on another person's property, or on any other private property, or on any street, lane, boulevard, pathway, or any other City or public property, or on any property used or preserved as a park, or recreational or cultural area. (b) An owner whose dog defecates on another person's property, or on any other private property, or on any street, lane, boulevard, pathway, or any other City or public property, or on any property used or reserved as a park, recreational or cultural area, shall forthwith remove the defecated matter. 36. Any dog which has been impounded more than three (3) times in any licence year, may be sold or destroyed pursuant to Section 20 of this Bylaw. OFFENCE, ENFORCEMENT AND PENALTIES (Amended by No. 3304, 2015) 37. (a) A person who: i. contravenes or fails to comply with a provision of this Bylaw; ii. consents, permits, suffers or allows any act or thing to be done in violation of a provision of this Bylaw; or iii. neglects or refrains from doing anything required to be done by a provision of this bylaw, is guilty of an offence and each day such an offence continues or is permitted to continue will constitute a separate offence. (b) On being found guilty of an offence under this Bylaw, a person will be liable to pay a fine of up to $10,000 or to imprisonment for a term not exceeding six months or to both such fine and imprisonment and in default of payment of the fine to imprisonment for an additional term not exceeding six months under the Offence Act. (c) Without limiting the enforcement options under sections of this bylaw, a person who commits an offence may be liable to a penalty established under the Bylaw Notice Enforcement Bylaw. (d) Pursuant to section 264 of the Community Charter, any person designated as a Bylaw Enforcement Officer, pursuant to City's current "Bylaw Notice Enforcement Bylaw" and all amendments thereto, is hereby authorized and empowered to enforce the provisions of this Bylaw or Bylaw notice or as otherwise provided by this and any other Bylaw of the Corporation of the City of Nelson. 11 (e) No person may obstruct, interfere with, impede, hinder or prevent a Bylaw Enforcement Officer, employee of the City or other person engaged by the City from performing any duties or exercising any authority under this Bylaw. SCHEDULES Amended by BL3357 38. The following Schedules form part of this Bylaw and are enforceable in the same manner as this Bylaw: Schedule "A" Downtown Core Dog Leash Area Schedule "B" Waterfront Dog Leash, Off leash and Restricted Area TITLE 39. This Bylaw may be cited as "Animal Regulation and Control Bylaw No. 2333, 1989". REPEAL 40. The "Animal Regulation and Control Bylaw No. 2125, 1985" and all amendments thereto are hereby repealed in their entirety. EFFECTIVE DATE 41. This Bylaw shall take effect upon its adoption. READ A FIRST TIME THIS 7th day of November, 1988 READ A SECOND TIME THIS 7th day of November, 1988 READ A THIRD TIME THIS 30th day of January, 1989 RECONSIDERED, FINALLY PASSED AND ADOPTED by Council on the 6th day of February, 1989 and numbered 2333 "D.P. Ormond" "Alderman, J. Neville" City Clerk Acting Mayor 12 ANIMAL REGULATION AND CONTROL BYLAW SCHEDULE "A" Amended by BL3357 DOWNTOWN CORE DOG LEASH AREA (Amended by Bylaw No. 3304, 2015) 13 ANIMAL REGULATION AND CONTROL BYLAW SCHEDULE "B" Amended by BL3357 WATERFRONT DOG LEASH, OFF LEASH AND RESTRICTED AREAS (Amended by Bylaw No. 3304, 2015) 14