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unofficial consolidation, the official version is held by the municipal clerk.
This is a consolidated bylaw prepared by The Corporation of the City of Penticton for convenience only. The city does not warrant that the
information contained in this consolidation is current. It is the responsibility of the person using this consolidation to ensure that it
accurately reflects current bylaw provisions.
THE CORPORATION OF THE CITY OF
PENTICTON
DEER FEEDING PROHIBITION
BYLAW
NO. 2012-5004
Consolidated for convenience only.
Bylaw No. 5004
Page 2
THE CORPORATION OF THE CITY OF PENTICTON
BYLAW NO. 2012-5004
A BYLAW TO PROHIBIT THE FEEDING OF DEER IN THE CITY OF PENTICTON
WHEREAS the Council of the City of Penticton may, by bylaw, pursuant to the Community
Charter, regulate, prohibit and impose requirements in relation to animals;
AND WHEREAS The Corporation of the City of Penticton wish to enact a bylaw to prohibit the
feeding of Deer within the boundaries of the City of Penticton;
NOW THEREFORE the Council of the City of Penticton in open meeting assembled, hereby
ENACTS AS FOLLOWS:
1.
CITATION:
1.1
This Bylaw may be cited as the "City of Penticton Deer Feeding Prohibition Bylaw
No. 2012-5004.
2.
SEVERABILITY:
2.1
If any portion of this Bylaw is for any reason held invalid by any court of
competent jurisdiction, the invalid portion shall be severed and the severance
shall not affect the validity of the remainder.
3.
DEFINITIONS:
3.1
In this bylaw:
"Bylaw Officer"
means a Bylaw Officer appointed by the City.
"Bylaw Enforcement Notice Bylaw"
Means the City of Penticton Bylaw Enforcement
Notice Bylaw No. 2011-5000, as amended from
time to time.
"City"
Means the Corporation of the City of Penticton
"Council"
Means the Municipal Council of the City
"Conservation Officer"
Means a person appointed under the Wildlife
Act, R.S.B.C. 1996
"Deer"
Means any member of the family Cervidae
"Manager"
Means the Building and Permitting Manager, or
his designate and other persons employed by
the City of Penticton including Bylaw Officers
and the Director of Development Services for
the purpose of enforcing and carrying out this
bylaw.
"Municipal Ticketing and Information
Bylaw"
Means the City of Penticton Municipal Ticketing
and Information Bylaw 2010-64, and as
amended from time to time.
Bylaw No. 5004
Page 3
4.0
ADMINISTRATION:
4.1
The Manager is hereby appointed to administer and carry out the provisions of
this Bylaw.
4.2
Words defining responsibilities and authority shall be construed to be an internal
administrative direction and not as creating a duty.
5.0
PROHBITION AGAINST FEEDING OF DEER
5.1
No person shall provide Deer with food either directly or by leaving or placing in,
on or about land or premises, food, food waste or any other material that is or is
likely to be attractive to Deer for the purpose of feeding Deer, other than a
conservation officer acting in the performance of his duties, or a person acting
under direction of or with the permission of a conservation officer.
5.2
For certainty, the prohibition in section 5.1 does not apply in relation to:
(a) Farm operations;
(b) Fruit or vegetable gardening for human consumption; or
(c) Ornamental plants or flowers.
6.0
ENFORCEMENT AND ENTRY:
6.1
An Bylaw Officer for the City may enter onto any property in accordance with
Section 16 of the Community Charter, S.B.S. c. 26 to inspect and determine
whether this bylaw is being met.
6.2
Where an Bylaw Officer believes that, as a result of a breach of this bylaw, a
Deer is located on or near the property and has endangered or harmed a person
or a domestic animal, or presents an imminent threat to the safety of any person,
the Bylaw Officer may take steps to prevent, avert, reduce or mitigate the harm
or threat or provide assistance. In doing so, the Bylaw Officer may seek the
assistance of a Conservation Officer or a police officer as may be reasonable or
necessary in the circumstances.
6.3
A person must not obstruct or interfere with a Bylaw Officer who has entered
onto property pursuant to section 6.1, or other person assisting the officer.
6.4
The Manager may prescribe any form, notice, ticket or other administrative
matter required pursuant to this bylaw.
7.0
OFFENCE AND PENALTY:
7.1
Any person who contravenes or violates any portion of this bylaw, fails or omits
to do anything required under this bylaw, or who permits, suffers of allows any
act or thing to be done or omitted to be done in contravention of violation of this
bylaw, commits an offence; and where the offence is a continuing one, each day
that the offence is continued shall constitute a separate offence.
7.2
Upon being convicted of an offence under this bylaw, a person shall be liable to
pay a fine of not more than $10,000.
Bylaw No. 5004
Page 4
7.3
In addition to any other remedies available at law, this bylaw may be enforced by
means of a prosecution under the Offence Act or by a ticket issued under the
City of Penticton Municipal Ticketing Information Bylaw 2010-64, as amended or
replaced from time to time.
READ A FIRST TIME this 9th day of January, 2012.
READ A SECOND TIME this 9th day of January, 2012.
READ A THIRD TIME this 9th day of January, 2012.
ADOPTED this 23rd day of January, 2012.
Dan Ashton, Mayor
Karen Burley
Corporate Officer