Animal Control Bylaw

Pemberton, British Columbia

This is the exact embedded text of the captured official document. Snapshot fad8b92afe20 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Animal Control Bylaw VILLAGE OF PEMBERTON BYLAW No. 839, 2018 Fourth & Final Readings October 2, 2018 OFFICE CONSOLIDATION: March 8, 2024 This document is an office consolidation of the Village of Pemberton Animal Control Bylaw No. 839, 2018 (adopted October 2, 2018) and subsequent amendments adopted by Village Council. All persons making use of this consolidation are reminded that it has no Council sanction, that amendments have been incorporated only for convenience of reference, and that for all purposes of interpretation and application that original bylaw should be consulted. The Village of Pemberton will, in no event, be liable or responsible for damages of any kind arising out the use of this consolidation. This is not the official version of the Village of Pemberton Animal Control Bylaw No. 839, 2018, nor is it admissible in a court of law. For such purposes, official certified copies can be obtained from the Village Office or by contacting us at: [email protected]. Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 Table of Amendments AMENDING BYLAW NO. SECTION DESCRIPTION ADOPTED 870, 2019 Definitions Part 4 Part 6 Part 7 Additional Definitions incorporated Aggressive Dogs Amendments s. 4.2, 4.21, 4.3 Deleting s. 4.5 Impoundment adding s. 6.11 Deleting and replacing with new language November 5, 2019 Council Meeting No. 1501 905, 2021 Definitions Schedule A Part 8 Adding in reference to Fees & Charges Bylaw Deleting and removing reference to it throughout the Bylaw Inserting s 8.3 (a) (b) (c) Renaming Schedule B to A and Schedule C to B Amending S. 24 and 25 and renumbering July 27, 2021 Council Meeting No. 1543 918, 2021 Schedule A, Fines Schedule B, Prohibited Animals Section 20, Fines Section 22.1 Section 24 Deleted Renamed Schedule A Deleted $10,000 is replaced by $50,000 Reference to Schedule A, Prohibited Animals is added. December 7, 2021 Council Meeting No. 1551 955, 2024 Definitions Section 5.1 Nuisance Dog Remove reference to 'animal' and replaced with "a dog or backyard hen". Deleted section 5.1 and replaced with a new clause removing reference to 'animal'. February 13, 2024 Council Meeting No.1593 Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 VILLAGE OF PEMBERTON BYLAW No. 839, 2018 A BYLAW TO PROVIDE FOR THE LICENCING AND CONTROL OF DOGS AND BACKYARD HENS IN THE VILLAGE OF PEMBERTON ______________________________________________________________________ WHEREAS in accordance with the Community Charter Council may, by bylaw, regulate, prohibit and impose requirements in relation to animals; AND WHEREAS pursuant to Section 48 of the Community Charter Council may establish procedures for the seizure of dogs; AND WHEREAS it is in the public interest for the Village of Pemberton to take the necessary measures to regulate the keeping of dogs and Backyard Hens; NOW THEREFORE the Council of the Village of Pemberton in open meeting assembled HEREBY ENACTS AS FOLLOWS: CITATION This Bylaw shall be cited as the Village of Pemberton "Animal Control Bylaw No. 839, 2018." DEFINITIONS In this Bylaw: Aggressive Behaviour means any behaviour by a dog that unduly intimidates a person or animal and includes snarling, growling or pursuing a person or animal in a threatening manner;(Amendment Bylaw No. 870, 2019) Aggressive Dog means a dog that, being over the age of 3 months, and on one or more occasions: (a) has without justifiable provocation displayed aggressive behaviour toward a person or domestic animal; or (b) has without justifiable provocation caused a minor injury to a person or domestic animal. (Amendment Bylaw No. 870, 2019) Aggressive Dog Sign means a sign which reads "Beware of Dog" or otherwise warns that there is a dangerous or aggressive dog on the property; (Amendment Bylaw No. 870, 2019) Application means the application for a Backyard Hen Keeping Permit made in the form(s) established and prescribed by the Village; Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 At Large, when used with reference to a Dog or Backyard Hen, means; i. not within a secure or otherwise fenced in area or not secured by a leash and under the control of a Responsible person or Competent person. (Amendment Bylaw No. 955, 2024) Backyard Hen means a female chicken of four (4) months of age or older that is kept on a parcel of land, occupied by a resident. This does not include land zoned for agricultural uses as defined by the Zoning Bylaw; Backyard Hen Keeping Permit means the written authority for the keeping of Backyard Hens granted by the Manager or designated pursuant to this Bylaw; Bylaw Enforcement Officer means a person appointed to that position for the Village by the Chief Administrative Officer; Competent person means a person of sufficient age, capacity, height, and weight who is physically and mentally able to: i. ensure a dog under their control will be obedient to their commands; ii. physically restrain a Dog if required; and iii. at all times ensure compliance with this Bylaw in relation to Dogs and the keeping of Backyard Hens. (Amendment Bylaw No. 955, 2024, replaces amendment made under Amendment Bylaw No. 870, 2019) Control means to exercise restraining or directing influence; Coop means a weather proof structure with walls and a roof used for the shelter of Backyard Hens; Custody means immediate care or charge; Dangerous Dog has the meaning defined in section 49 of the Community Charter; Dog means any animal of the canine species; Enclosure means a physical structure or fenced yard constructed in such a way that it prevents the escape of a dog or the entry of any person not intended to access the dog but does not include invisible fencing systems; (Amendment Bylaw No. 870, 2019) Fees and Charges Bylaw means Village of Pemberton Fees and Charges Bylaw No. 905, 2021, as amended or replaced from time to time. (Amendment Bylaw No. 905, 2021) Flock means the group of Backyard Hens kept on one property; Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 Keep means the act of having the care, custody, control, or possession of a Dog or Backyard Hen; (Amendment Bylaw No. 955, 2024) Kennel means any private or commercial facility for the keeping, training, care, breeding or boarding of four (4) or more dogs; Leash means a rope, chain, cord, or leather strip no longer than 2 metres, attached to the collar or harness of a dog, of sufficient strength to be used for controlling and restraining the activity of the dog; (Amendment Bylaw No. 870, 2019) Manager means the Manager of Corporate & Legislative Services for the Village or a person appointed to act in their place; Minor Injury means a physical injury to a person or domestic animal that includes pinches, minor localized bruising, scratches, scrapes, shallow punctures, or lacerations in one direction only; (Amendment Bylaw No. 870, 2019) Muzzled means wearing humane basket style fastening or covering device over the mouth that is strong enough and well-fitted enough to prevent the dog from biting, without interfering with the breathing, panting or vision of the dog or with the dog's ability to drink; (Amendment Bylaw No. 870, 2019) Neutered means the sterilization of a female dog by removal of its ovaries or of a male dog by removing the testicles or by any method of pharmaceutical sterilization approved by the Canadian Veterinary Medical Association; Nuisance means any act, activity or condition that unreasonably interferes with the use and enjoyment of a property owner's parcel of land or of rights common to all, or that endangers health, safety or comfort of members of the public; Nuisance Dog means any dog that is unreasonably disturbing the peace, quiet, enjoyment or convenience of persons in the neighbourhood by its persistent barking or howling or is at large in the neighbourhood; Outdoor Enclosure means an open-air attachment to and forming part of a Coop having a bare earth or vegetated floor for Backyard Hens to roam, that has a roof and is enclosed with chicken wire or other fencing materials; Owner means any person, partnership, association or corporation that owns, possesses or has control, care or custody over a Dog or Backyard Hen; (Amendment Bylaw No. 955, 2024) Person means a natural person; Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 Person responsible or responsible person means a person who is the owner of the Dog or Backyard Hen, has care, custody, or control, of the Dog or Backyard Hen or is keeping or harbouring the Dog or Backyard Hen, provided that where the person is under the age of 19, the parent or guardian of such person is deemed to be the Person responsible. (Amendment Bylaw No. 955, 2024) Police Officer means a member of the Royal Canadian Mountain Police; Pound means the facility designated by the Village, which is used for the temporary housing and care of dogs that have been impounded pursuant to the bylaw; Public Place includes every sidewalk, park, courtyard, square, walkway, parkade and any other area open to public use; Resident means a person who resides on a permanent or long-term basis on the property for which the Backyard Hen Keeping Permit will apply; Rooster means a male chicken; Unlicensed Dog means a dog for which the licence fee for the current year has not been paid as herein provided, or to which a tag representing payment of the dog licence for the current year is not attached; Village means the Village of Pemberton; Wildlife means wildlife as defined by the BC Wildlife Act and/or other dogs indigenous to Canada whose ownership in captivity violates Provincial or Federal Canadian statutes. Zoning Bylaw means the Village of Pemberton Zoning Bylaw No. 832, 2018 as amended or replaced from time to time. CONTROL OF DOGS 1. Licencing of Dogs 1.1. No person shall keep, own, harbour or be in possession of any dog over the age of three (3) months within the Village unless such dog is licensed as provided by this bylaw. 1.2. The owner of a dog shall obtain an annual licence for such dog by paying the fee. (Amendment Bylaw No. 905, 2021) 1.3. Every licence and corresponding licence tag issued under this Bylaw: Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 i. expires on the thirty-first (31st) day of December of the year in which it is issued; and ii. is valid only in respect of the dog for which it is issued. . 1.4. Where a licence tag is lost or destroyed, the person to whom the original licence was issued may, by paying the fee (Amendment Bylaw No. 905, 2021) and applying on a form provided by the Village, apply to the Manager for a replacement licence or tag. 1.5. The owner shall ensure that any dog taken off of the owner's property shall cause the dog to wear around the neck a collar to which shall be attached the current licence tag issued for that dog by the Village. Owners are encouraged to have their dog bear permanent identification in the form of a visible veterinary tattoo or identifiable microchip. 1.6. An owner of a dog that is certified under the Guide Dog and Service Dog Act, must obtain a licence, but the licence fee is waived for such dogs. 1.7. A registry of all licensed dogs will be kept at the Village indicating the dates of registration, the name and description of each dog, and the name and address of each owner. 1.8. The owner of any licensed dog shall, within thirty (30) days of the owner's change address, notify the Village of such change of address. 1.9. Transient dogs that have affixed to its collar or harness a valid and subsisting licence tag issued by any jurisdiction outside the Village of Pemberton shall not be deemed ownerless but shall be subject to every other provision of this Bylaw. 2. Responsibilities of Owners - Dog Control 2.1. An owner shall ensure his or her dog does not run at large within the Village; 2.2. An owner shall ensure his or her dog does not enter the school playing fields or any other public space that has signage posted at any time; 2.3. Notwithstanding subsection 2.1, a dog is not required to be on a leash while in the designated off-leash area located on the northeast corner of One Mile Lake Park or any other Village designated off-leash area; 2.4. If any dog defecates on any public or private property other than the property of its owner, the owner shall remove such feces immediately and dispose of the same in a sanitary manner. Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 2.5. An owner shall ensure his or her dog does not persistently bark or howl or otherwise disturb the peace, quiet and enjoyment of the neighbourhood. 2.6. No owner of a dog shall permit his or her dog to: a) chase, bite or attack any person or animal; or b) cause damage to any property. 2.7. The owner of any dog that is lawfully not on a leash pursuant to subsection 2.3 shall: a) keep the dog under control by verbal command at all times; b) ensure that the dog does not cause injury to any person or other animal or damage to any property. 2.8. No person shall own more than three (3) dogs unless the person meets the requirements for operating a kennel and has obtained a licence under section 8. 2.9. No person shall keep his or her dog in an unsanitary environment. 2.10. For the purpose of subsection 2.9, an environment is considered unsanitary when it contains objects that may cause injury to any person or dog or where it contains an accumulation of fecal matter, an odour, insect infestation, rodent attractants, or other conditions which endanger the health of any person or dog, or which disturbs or are likely to disturb the enjoyment, comfort or convenience of any person or dog. 2.11. An owner shall ensure his or her dog does not upset any waste receptacles or scatter the contents thereof either in or about a street, boulevard, sidewalk, lane, or other public property or in or about premises not belonging to or in the possession of the owner of the dog. 2.12. Any dog found on public or private property: a) Without a required licence; b) Unlawfully at large; c) Straying or trespassing on private property; d) On unfenced land and not securely tethered on contained; or e) In violation of health regulations or a bylaw of the Village may be impounded immediately by the Bylaw Enforcement Officer or Police Officer, and impounded or disposed of in accordance with this Bylaw, and if any Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 such action is taken, the owner must pay for any costs and expenses incurred by the Village and any applicable fees. 3. Responsibilities of Owners - Dog Care 3.1. An owner shall ensure his or her dog is provided with: a) clean potable drinking water and food of sufficient quantity and quality to allow for healthy growth and the maintenance of healthy body weight; b) food and water receptacles kept clean and disinfected and located so as to avoid contamination by excreta; c) the opportunity for regular exercise sufficient to maintain good health, including daily opportunities to be free of a confined area and exercised regularly under appropriate control; and d) necessary veterinary care when such dog exhibits signs of pain, injury, illness or suffering. 3.2. An owner of a dog which normally resides outdoors, or which is kept outdoors for extended periods of time, must ensure that the dog is provided with an outdoor shelter which: a) has a total area that is at least twice the length of the dog in all directions and that also allows the dog to turn around freely and adopt normal resting postures; b) ensures protection from heat, cold and dampness that is appropriate to the weight and type of protective outer coat of such dog. c) provides sufficient shade to protect the dog from the direct rays of the sun at all times; and d) is regularly cleaned and sanitized and removed of excreta daily. 3.3. No person may cause a dog to be 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 dog's neck. 3.4. No person may cause a dog to be hitched, tied or fastened to a fixed object for longer than six (6) hours within a twenty-four (24) hour period. 3.5. No person may cause a dog to be confined in an enclosed space or vehicle, including a car, without adequate ventilation. Such enclosed space or vehicle, Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 if stationary, shall be in an area providing sufficient shade to protect the dog from the direct rays of the sun at all times. 3.6. No person may transport a dog in a vehicle outside the passenger compartment or in an uncovered passenger compartment unless it is adequately confined or unless it is secured in a body harness or other manner of fastening which is adequate to prevent it from falling off the vehicle or otherwise injuring itself. 4. Aggressive Dogs 4.1. A Bylaw Enforcement Officer may designate a dog as an aggressive dog for the purposes of this Bylaw, based on his or her own knowledge or observation, a written communication from another Bylaw Enforcement Officer, or a written complaint about the dog that provides reasonable grounds for the designation. 4.2 (Amendment Bylaw No. 870, 2019) If the Bylaw Enforcement Officer has designated a dog as an aggressive dog, the Bylaw Enforcement Officer will deliver to the owner or other person responsible for the dog, if that person is known, written notice advising that the dog has been so designated. The notice of an aggressive dog determination is sufficiently delivered to the owner or person responsible for the dog: (a) by personally by handing the notice to the owner; (b) by handing the notice to a person on the owner's property who appears to be over the age of 19 years; (c) by posting the notice upon some part of the owner's property and by sending a copy to the owner by regular mail, in which case the notice is deemed to have been received by the owner seven (7) days after the date of mailing; (d) by mailing a copy by prepaid registered mail to the last known address of the owner; or (e) by electronic mail to the email address of the owner. 4.2.1 (Amendment Bylaw No. 870, 2019) Following receipt of a notice pursuant to section 4.2, the owner or competent person responsible for the aggressive dog must: (a) within 30 days, display an aggressive dog sign at the property where the dog normally sleeps so that the aggressive dog sign is visible to any person entering the property; Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 (b) not cause, permit or allow the dog to be in any public place, unless the dog is muzzled and secured on a leash, no longer than two (2) metres, to its owner or to the competent person responsible for the dog; (c) not cause, permit or allow the dog to be on private property without first informing the owner or occupier of the private property that the dog is an aggressive dog; (d) when in a place owned or occupied by the owner, ensure the dog is: i. kept securely confined indoors, ii. kept securely confined in an enclosure, or iii. secured on a leash to its owner or to a competent person responsible for the dog; (e) not cause, permit, or allow the dog to enter any off-leash area; and (f) immediately notify the Village that the dog is at large upon becoming aware that the dog is at large. 4.3. The owner of a dog that has been designated as an aggressive dog may, within fourteen (14) calendar days of being delivered notice of the designation, request that the Bylaw Enforcement Officer reconsider the designation. The request must be accompanied by written reasons why the owner believes the dog is not an aggressive dog and may include any information that would support that position. If requested, the Bylaw Enforcement 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) calendar days of the notice being delivered, the designation is final. (Amendment Bylaw No 870, 2019) 4.4. After considering the owner's case, and other relevant information as may be presented, the Bylaw Enforcement Officer may confirm or reverse the aggressive dog designation. 5. Nuisance Dogs 5.1 A person aggravated or concerned about a Nuisance Dog may contact a Bylaw Enforcement Officer to deal with the matter. (Amendment Bylaw No. 955, 2024 Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 6. Impoundment 5.1. Any person may deliver to the pound any dog found at large where no owner appears to be present. 5.2. Where action is taken under section 6.1 the dog shall be considered impounded at the time and placed under the control of the Bylaw Enforcement Officer, pound keeper, or a police officer. 5.3. On receiving a dog that has been delivered to the pound, the pound keeper or Bylaw Enforcement Officer will: a) impound the dog; and b) make reasonable efforts to determine the identity of the owner and to inform the owner that the dog has been impounded, whether the dog is alive or dead. 5.4. Any dog impounded will be provided with the basic dog care provisions described in Section 3 of this bylaw and with the requirements set out in A Code of Practice for Canadian Kennel Operations (Canadian Veterinary Medical Association, 2007). 5.5. The dog shall remain impounded for a minimum of 72 hours, not including the date of impoundment unless the dog is claimed by its rightful owner (Amendment Bylaw No. 854, 2019). If not so claimed within that time, the dog shall become the property of the Village, and; a) the Bylaw Enforcement Officer may: b) arrange for such veterinary care for an injured or ill impounded dog as may be necessary to sustain its life; or c) arrange to transfer ownership of the dog to the pound keeper; and d) the Village may recover from the owner, the cost of veterinary care provided while the dog was impounded, in addition to any other fees due to the Village for redemption of the dog (Amendment Bylaw No. 854, 2019); 5.6. During the impoundment period, the pound keeper may euthanize, by lethal injection of a barbiturate approved by the British Columbia Veterinary Medical Association, any dog deemed to be seriously ill or injured, for humane reasons and in prior consultation with a veterinarian, and if reasonable efforts to contact the owner of the dog have failed. Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 5.7. During the impoundment period, the pound keeper shall: a) provide such veterinary care for an injured or ill impounded dog as may be necessary to sustain its life; and b) be entitled to recover from its owner, the cost of veterinary care provided while the dog was impounded, in addition to any other fees due to the Village for redemption of the dog. 5.8. When a dog seized and impounded does not have a permanent form of identification (veterinary tattoo or microchip), the pound keeper shall encourage the owner to implant the dog with a microchip. 5.9. In order to obtain the release of an impounded dog during the impoundment period stipulated in subsection 6.5, the owner shall: a) provide proof of ownership of the dog; b) licence the dog with the Village; c) pay to the Village: i. any applicable fines as outlined in Schedule A; (Amendment Bylaw No. 905, 2021) any costs associated with the application of the microchip or tattoo should that be done by the pound; ii. any applicable impoundment, per diem dog care and housing, or other fees; (Amendment Bylaw No. 905, 2021) any costs incurred due to veterinary services rendered during the impoundment period. 5.10. Where the owner of a dog has been determined and all reasonable efforts to contact such owner have been made, but such owner does not claim the dog, they shall be responsible for payment to the Village of the fees described in subsection 6.5. 5.11. If a dog is impounded pursuant to section 49 of the Community Charter and is destroyed pursuant to an order of the Provincial Court, its owner must pay to the Village, within 30 days of the order, all boarding fees owing for it being impounded as set out in Schedule A. (Amendment Bylaw No. 870, 2019) 7. Dangerous Dogs (Amendment Bylaw No. 870, 2019) 7.1. No person shall own or keep any dangerous dog unless such dog is licensed as a dangerous dog with the Village by an owner who is over the age of eighteen, and who has paid the applicable fee indicated in Schedule A. Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 7.2. When a dog has been determined by the Provincial Court to be a dangerous dog as defined under section 49(1) of the Community Charter, or, when such a determination is pending in an ongoing proceeding with the Provincial Court, the owner or person responsible for the dangerous dog must: (a) within 30 days of the date of Notice, display an aggressive dog sign at each entrance to the property and building where the dog is kept so that the aggressive dog sign is visible to any person entering the property; (b) not cause, permit or allow the dog to be in any public place, unless the dog is muzzled and secured on a leash, no longer than one (1) metre, to its owner or to the competent person responsible for the dog; (c) not cause, permit or allow the dog to be on private property, other than the property of the owner or person responsible for the dog. (d) when in a place owned or occupied by the owner, ensure the dog is: i. kept securely confined indoors, ii. kept securely confined in an enclosure, or iii. secured on a leash to its owner or to a person responsible for the dog; (e) not cause, permit, or allow the dog to enter any off-leash area; and (f) immediately notify the Village that the dog is at large upon becoming aware that the dog is at large. 7.3. All powers conferred under the authority of this Bylaw are in addition to the powers conferred by section 49 of the Community Charter and this Bylaw does not reduce or limit any powers conferred by section 49 of the Community Charter. 8. Kennels 7.1. Four (4) or more dogs may not be kept or harboured on any property or residential unit unless a valid and subsisting kennel licence has been issued under this Bylaw. 7.2. No kennel shall be permitted: a) in a residential zone; Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 b) in any other zone within fifty (50) metres of the parcel boundary of any property other than that occupied by the owner. 7.3. A person must not keep or maintain a kennel without first having a) applied for a kennel permit on a form provided by the Village; b) paid the applicable kennel licence fee; and c) obtained a kennel licence. (Amendment Bylaw No. 905, 2021) Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 BACKYARD HEN KEEPING 9. General 8.1. A person must not keep Backyard Hens except in accordance with this Bylaw, the Zoning Bylaw and with a Backyard Hen Keeping Permit. 8.2. A person who keeps Backyard Hens without a permit is subject to a fine as set out in Schedule "B". 10. Permit Application & Fees 9.1. A person may apply for a Backyard Hen Keeping Permit by submitting an application in writing to the Manager, in a form approved by the Manager, together with a non-refundable permit fee. (Amendment Bylaw No. 905, 2021) 11. Authority of the Village Manager 10.1. Upon receiving a complete application together with payment of applicable fees, the Manager may, issue a Backyard Hen Keeping Permit and as a condition of the Permit, may impose terms, restrictions and requirements to ensure the use will be compliant. 10.2. The Manager may suspend, revoke or cancel a Backyard Hen Keeping Permit immediately or upon notice if the Manager finds the Permit holder has contravened this or another applicable bylaw or regulation, or any term or condition of the Permit. 10.3. The Manager may impose restrictions and requirements as a condition of restating or reissuing the Permit to remedy the contravention and ensure continuing compliance. 12. General Regulations 11.1. A person who keeps Backyard Hens must: a) Be a resident of the property where the Backyard Hens are kept; b) Hold a valid Backyard Hen Keeping Permit; c) Keep no more than five (5) Backyard Hens on any parcel of land despite the number of permissible dwelling units on that parcel; d) Not keep a rooster; Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 e) Provide each Backyard Hen with food, water, shelter, light, ventilation, veterinary care and opportunities for essential behaviours such as scratching, dust-bathing and roosting, all sufficient to maintain the Backyard Hen in good health; f) Keep a food container and water container in each Coop; g) Ensure that all Backyard Hens are kept within a secure Coop from sunset to 7:00 a.m.; h) Ensure that each Backyard Hen remains at all times in a Coop or Outdoor Enclosure; i) Not keep a Backyard Hen in a cage; j) Remove leftover feed, trach and manure in a timely manner; k) Store manure within a fully enclosed structure and store no more than 0.8 cubic metres at one time; l) Remove all manure not used for composting or fertilizing; m) Not deposit manure in the Village's sewage or storm drain system; n) Follow the Canadian Food Inspection Agency National Biosecurity Standards and Biosecurity Principles; o) Keep a Backyard Hen for personal use only and not sell eggs, manure, meat or other products derived from the Backyard Hens; p) Not slaughter or attempt to euthanize a Backyard Hen on the property; q) Not dispose of a Backyard Hen except by delivering it to a farm, abattoir or a veterinarian, mobile slaughter unit or other facility that has the ability to dispose of a Backyard Hen lawfully; 13. Coops and Outdoor Enclosures 12.1. A person who keeps Backyard Hens must: a) provide a Coop and Outdoor Enclosure providing each Backyard Hen with a minimum or 0.4m2 coop floor area and 0.92m2 area of enclosed outdoor run space per Backyard Hen; Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 b) provide each Backyard Hen with its own nesting box and perch that is at least fifteen (15) centimetres long; c) ensure that the Coop and Outdoor Enclosure is situated in accordance with the Zoning Bylaw; ensure that the coop and outdoor enclosure is a, minimum of three (3) m from any dwelling window or door; d) secure the Coop and Outdoor Enclosure with electric fencing; e) maintain each Coop and Outdoor Enclosure in good repair and sanitary condition and free from vermin and obnoxious smells and substances; f) construct and maintain each Coop and Outdoor Enclosure to prevent any rodent from harbouring underneath or within it or within its walls and to prevent entrance from any other wildlife. 14. Limit to Number of Flocks 14.1. The Village of Pemberton reserves the right to limit the number of backyard flocks permitted in the Village and in each neighborhood or block. PROHIBITED ANIMALS 15. Except as provided in subsection 16 of this bylaw, no person shall: 14.1. breed; 14.2. possess; 14.3. exhibit for entertainment or educational purposes, or 14.4. display in public either on a temporary basis or permanent basis, any prohibited animal listed in Schedule "C". 15. Subsection 15 does not apply to: 15.1. The premises of a local government facility used for keeping impounded animals; 15.2. The premises of any police department; 15.3. Premises operated by the British Columbia Society for the Prevention of Cruelty to Animals; Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 15.4. The premises of a veterinarian licensed by the British Columbia Veterinary Medical Association, providing the veterinarian is providing temporary care for a prohibited animal; 15.5. Premises that keep prohibited animals for which a valid permit and/or license is in place pursuant to the Wildlife Act or Fur Farm Act; 15.6. Premises that keep animals for educational and research purposes, which are accredited by the Canadian Council for Animal Care; 15.7. Premises of an aquarium or zoological park, which is accredited by the Canadian Association of Zoological Parks and Aquaria. ENFORCEMENT 17. This Bylaw may be enforced by the Manager, a Police Officer or a Bylaw Enforcement Officer. ENTERING LAND TO CARRY OUT AN ORDER 19. The Manager, a Police Officer, or a Bylaw Enforcement Officer acting under the direction of the Manager, may enter at all reasonable times into or upon any lands or premises to ascertain whether the provisions of this Bylaw are being met. 20. A person must not prevent or obstruct the Manager, a Police Officer, or a Bylaw Enforcement Officer from carrying out any inspections or performing other functions under this bylaw. 20. Deleted. (Amendment Bylaw No. 918, 2021) OFFENCES AND PENALTIES 21. Any person who: 21.1. violates or contravenes any provision of this Bylaw; 21.2. causes or allows any act or thing to be done in contravention or violation of any provision of this Bylaw; 21.3. fails or neglects to do, or refrains from doing, any act or thing which is required to be done by any provision of this Bylaw; 21.4. fails to comply with an order, direction or notice given under this Bylaw; Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 commits an offence and contravention and for each day that the offence continues amounts to a separate and distinct offence. 22. A person convicted of an offence or found guilty of a contravention under this bylaw is liable: 22.1. If proceedings are brought under the Offence Act, to pay a fine to a maximum of $50,000 (Amendment Bylaw No. 918, 2021) and such other amounts as the court may impose in relation to the offence; 22.2. If a ticket is issued under the Municipal Ticket Information Utilization Bylaw No. 800, 2016 as amended or replaced from time to time, to pay a fine to a maximum of $1,000; 22.3. If a bylaw notice is issued under a bylaw made under the Local Government Bylaw Notice Enforcement Act, to pay a penalty to a maximum authorized under that Act COST RECOVERY 23. Where a person fails to pay the Village's costs as required by this Bylaw or where a person subject to an order under this bylaw fails to act required by the order and the Village carries out the work or otherwise fulfills the requirement, the Village may recover its costs from the owner, occupier or person responsible for the work or for payment of the costs, as a debt to the Village. Money owed to the Village under this bylaw is payable upon receipt of an invoice from the Village. SCHEDULES 24. Schedule A, List of Prohibited Animals, is attached to and form part of this bylaw and are enforceable in the same manner as this bylaw. (Amendment Bylaw No. 918, 2021) 25. Fees and charges for services that may be or are provided under this Bylaw shall be payable as set out in the Fees and Charges Bylaw. (Amendment Bylaw No. 905, 2021) SEVERABILITY 26. If any section or subsection of this bylaw is found to be invalid by a court of competent jurisdiction, the section or subsection may be severed from the bylaw without affecting the validity of the remainder of the bylaw. REPEALED BYLAWS Village of Pemberton Animal Control Bylaw No. 651, 2010 is hereby repealed. Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 Village of Pemberton Animal Control Amendment Bylaw No. 779, 2015 is hereby repealed. READ A FIRST TIME this 4th day of September, 2018. READ A SECOND TIME this 4th day of September, 2018. READ A THIRD TIME this 4th day of September, 2018. ADOPTED this 2nd day of October, 2018. ____________________ ____________________________ Mike Richman Sheena Fraser Mayor Corporate Officer Animal Control Bylaw No. 839, 2018, CONSOLIDATED March 8, 2024 Schedule A - LIST OF PROHIBITED ANIMALS (Amendment Bylaw No. 905, 2021) (Amendment Bylaw No. 918, 2021) - all nonhuman primates - all felidae, except the domestic cat - all canidae, except the domestic dog - all ursidae (bears) - all proboscidea (elephants) - all pinnipedia (seals, walrus) - all marsupials - all edentates (anteaters) - all xenartha (such as sloths, armadillos, and tamanduas) - all monotremata (spiny anteater and platypus) - all venomous or poisonous reptiles and amphibians - all reptiles and amphibians over 2ft adult size - all venomous or poisonous invertebrates (such as black widow spiders, tarantulas, and blue-ringed octopus) - all ungulates, except the bison and the domestic breeds of cow, goat, sheep, pig, horse, mule, donkey, ass, llama, and alpaca - all hyenidae (hyenas) - all hyracoidean (hyraxes) - all erinaceidae (tenrecs and hedgehogs) - all mustelidae (skunks, weasels, otters, wild ferrets), except the domestic ferret - all procyonidae (raccoons, coatimundis) - all viverridae (civets and genets) - all herpestidae (mongooses) - all cetacea (whales, porpoises, dolphins) - all rodentia, except the hamster, gerbil, guinea pig, domestic mouse, and domestic rat - all chiroptera (bats), colugos (flying lemurs), and scandentia (treeshrews) - all lagomorphs (rabbits and hare), except the domestic rabbit - all birds except the domestic quail, pheasant, pigeon, chicken, duck, goose and turkey, plus the budgie, cockatiel, lovebird, finch, and canary - all saltwater fish