Pitt Meadows, British Columbia
· adopted 2024-01-09
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CITY OF PITT MEADOWS
DOG CONTROL BYLAW
Bylaw No. 2968, 2023
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A Bylaw to regulate the keeping of Dogs in the city of Pitt Meadows and to
provide for the operation of a pound.
WHEREAS
Council has the authority to regulate, prohibit and impose
requirements in relation to Dogs within the City;
AND WHEREAS Council deems it desirable to both establish a pound and
regulate the operations of the pound;
NOW THEREFORE the Council of the City of Pitt Meadows, enacts as follows:
PART 1 - GENERAL ADMINISTRATION
1.1
This Bylaw may be cited as the 'Dog Control Bylaw'.
1.2
City of Pitt Meadows Dog Control Bylaw 2735, 2016 and all its amendments
are hereby repealed.
1.3
All powers conferred under the authority of this bylaw are in addition to the
powers conferred by section 49 of the Community Charter.
1.4
Bylaw Enforcement Officers are designated by Council as animal control
officers for the purpose of section 49 of the Community Charter.
PART 2 - INTERPRETATION
2.1
In this bylaw the following words, terms, and phrases have the following
meanings:
Aggressive Behaviour means any behavior by a Dog that intimidates a
person or Domestic Animal and without limitation includes snarling,
growling, or pursuing a person or Domestic Animal in an intimidating
manner;
Aggressive Dog means a Dog that:
a) has caused minor injury to a person or Domestic Animal;
b) has, without provocation, aggressively pursued or harassed a person
or another animal or has demonstrated a propensity, tendency or
disposition to do so; or
c) A Bylaw Enforcement Officer has reasonable grounds to believe is likely
to cause injury to a person or animal.
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At Large means for a Dog to be off the property of its Owner and not on a
leash, except for being in an Off-Leash Area or on private property with the
consent of the Owner or occupier of the private property.
Bylaw Enforcement Officer means a person appointed by the City for the
purpose of enforcing this bylaw.
Control means under immediate control by a person of sufficient capacity
to ensure a Dog will obey commands and can be physically restrained if
required.
City means the lands within the municipal boundaries of the city of Pitt
Meadows, or the corporation of the City of Pitt Meadows, as the context
requires.
Council means Pitt Meadows City Council.
Dangerous Dog means a dangerous Dog as defined in the Community
Charter.
Director means the director responsible for the management of bylaw
enforcement at the City, or their authorized representative.
Dog means any animal of the species canis familiaris irrespective of gender
or age.
Domestic Animal means an animal that is tame or kept by people, including
any animal which is raised for food or for the use of humans.
Enclosure means a locked pen with all of the following attributes:
a) a secure top which provides shelter from the elements;
b) secure sides which prevent the escape of a Dog or the entry of any
person not permitted to access the Dog;
c) sides which are either secured to a floor of the locked pen or are
embedded into the ground to a minimum depth of 45 cm;
d) at least 1.5 metres in vertical height;
e) at least 1.5 metres in horizontal width;
f) at least 3 metres in horizontal length; and
g) in a location at least 1.2 metres from the property line.
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Impounded means delivered, received or taken into the Pound or seized
by an animal control officer.
Licence Tag means the tag provided to the Owner by the City when the
Dog is licensed.
Minor Injury means a physical injury to a person or Domestic Animal that is
not a serious injury, including but not limited to pinching, minor local
bruising, shallow punctures not requiring sutures, or lacerations in one
direction.
Muzzle means a humane basket-style fastening or covering device that:
a) encloses the nose and mouth of the Dog;
b) is strong enough and well-fitted enough to prevent the Dog from biting;
and
c) does not interfere with the breathing, panting or vision of the Dog or
with the Dog's ability to drink.
Neutered Dog means any Dog of male gender certified by a Veterinarian
as unable to reproduce.
Off-Leash Area means an area where a sign is posted by the City indicating
a specific geographic area in which a Dog may be unrestrained by a leash.
Owner means a person:
a) who has ownership of a Dog;
b) who is keeping or harboring a Dog; or
c) to whom a licence for a Dog has been issued pursuant to this bylaw,
except that, where the person is an individual under the age of 18 years,
their custodial parent or legal guardian is deemed to be the Owner for the
purposes of this bylaw.
Permanent Identification means identification for a Dog in the form of a
visible tattoo or a microchip that contains the contact information of the
Owner.
Person Responsible means, in relation to a Dog, a person who has care,
custody or Control of the Dog, except that, where the person is an
individual under the age of 18 years, their custodial parent or legal
guardian is deemed to be the Person Responsible for the purposes of this
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bylaw.
Pound means the land and buildings where Dogs Impounded under this
bylaw are kept.
Poundkeeper means the authorized agent of an organization or society
with whom Council has an agreement to provide animal sheltering services
and to carry out the provisions of this bylaw related to the impoundment
of Dogs.
Serious Injury means a physical injury to a person or Domestic Animal that
consists of punctures requiring sutures, lacerations in more than one
direction, broken bones, or that requires cosmetic surgery.
Spayed Dog means any Dog of the female gender certified by a
Veterinarian as unable to reproduce.
Tethered means a thing such as a rope or chain by which an animal is
fastened so that it can range only within a set radius.
Veterinarian means a licensed member of the College of Veterinarians of
British Columbia or an equivalent provincial or territorial Veterinarian
licensing body.
Vicious Dog means:
a) has seriously injured a person or a Domestic Animal; or
b) a Bylaw Enforcement Officer has reasonable grounds to believe is likely
to kill or seriously injure a person or Domestic Animal.
Vicious Dog Sign means a sign which reads "Beware of Dog" or otherwise
warns that there is a Vicious Dog on the property.
2.2
All words and phrases that are not defined in this bylaw must be construed
in accordance with the meanings assigned to them by the Community
Charter, Local Government Act and Interpretation Act as the context and
circumstances require.
2.3
A reference to any statute, regulation, bylaw or other enactment refers to
that enactment as it may be amended or replaced from time to time.
2.4
Words in the singular include the plural and gender specific terms include
both genders and corporations.
2.5
Headings in this bylaw are for convenience only and do not define or limit
the scope or intent of this bylaw.
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2.6
If any portion of this bylaw is found invalid by a court of competent
jurisdiction, that invalid portion is severed and the remainder of the bylaw
is deemed to continue as valid.
PART 3 - ESTABLISHMENT OF POUND AND APPOINTMENT OF POUNDKEEPER
3.1
Council may from time to time designate a Pound and appoint a
Poundkeeper to operate the Pound.
3.2
The City may enter into an agreement with the Poundkeeper for the
provision of services related to the operation of the pound.
3.3
In addition to any powers, duties and functions established by agreement,
the Poundkeeper is responsible for:
a) employing such employees and agents as the Poundkeeper deems
necessary to enable them to carry out their powers and duties;
b) impounding any Dog seized pursuant to this bylaw;
c) retaining any Impounded Dog for the period prescribed in this bylaw or
until the Dog is claimed by its Owner in accordance with this bylaw;
d) causing an Impounded Dog to be destroyed as permitted by this bylaw;
e) adopting out an Impounded Dog as permitted by this bylaw and
collecting any adoption fees when adopting out the Dog;
f) collecting from the Owner of any Impounded Dog the impound fees
and any other fees, penalties, fines and other amounts prescribed by
this bylaw; and
g) administering and enforcing the provisions of this bylaw related to the
pound.
PART 4 - KEEPING AND LICENSING OF DOGS
4.1
A person, other than the Poundkeeper, must not keep, or permit there to
be kept, more than three (3) Dogs in a dwelling place or on a parcel of land,
unless that person has a current and valid kennel licence issued by the City
with respect to that property.
4.2
Every Owner of a Dog over the age of six (6) months must apply for a
licence for that Dog upon the earlier of the following:
a) within one (1) month of the Dog attaining the age of six (6) months;
b) within one (1) month of the person becoming the Owner of the Dog;
c) within one (1) month of the Owner taking up residence in the City; or
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d) if (a) to (c) do not apply, by February 1 of each calendar year.
4.3
Section 4.1 and 4.2 do not apply to the following businesses operating in
the City with a valid business licence:
a) Veterinary services, as defined in the City's Zoning Bylaw;
b) Dog daycares, as defined in City's Business Licensing and Regulation
Bylaw; or
c) Pet stores, as defined in City's Business Licensing and Regulation
Bylaw.
4.4
Every application for a Dog licence must be accompanied by:
a) the applicable fees as set out in Schedule "A", which is attached to and
forms part of this bylaw.
b) payment of any penalties or fines owing with respect to the Dog.
4.5
Every person applying for a Dog licence for a Neutered Dog or Spayed
Dog must present a certificate from a Veterinarian certifying that the Dog
is unable to reproduce.
4.6
Every person who obtained a Dog licence for an unneutered or unspayed
Dog may, before December 31, present to the City a certificate from a
Veterinarian certifying that the Dog is unable to reproduce, and upon which
the person is entitled to a refund of the difference between the fee
previously paid in that year for an unneutered or unspayed Dog and the
fee for an Neutered or Spayed Dog.
4.7
Every Owner or Person Responsible for a licensed Dog must ensure that
the Licence Tag for the Dog is displayed on the Dog at all times by affixing
the Licence Tag to the Dog's collar or harness.
4.8
Every Owner or Person Responsible for a licensed Dog must notify the City
of any change to their address within one (1) week of relocating to a new
address within the City.
4.9
Every licence is cancelled:
a) on December 31 of each calendar year; or
b) if the Owner of the Dog sells, gives away, or otherwise disposes of the
Dog.
PART 5 - CONTROL OF DOGS
5.1
Every Owner or Person Responsible for a Dog must not cause, permit or
allow that Dog to:
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a) be At Large;
b) display Aggressive Behavior;
c) cause damage to property or chattels other than property or chattels
owned by its Owner or Person Responsible for the Dog; or
d) cause injury to a person or Domestic Animal.
5.2
Where a Dog leaves excrement on any public place or private property
other than the property of its Owner or Person Responsible for the Dog,
the Owner or Person Responsible for the Dog must immediately remove
such excrement and dispose of it in a sanitary manner.
5.3
Subject to section 5.4, an Owner of a female Dog in heat must confine the
Dog:
a) inside a building on their property provided that the building is not
accessible to any other Dog; or
b) within an Enclosure in their backyard provided that the backyard is not
accessible to any other Dog.
5.4
Despite section 5.3, an Owner of a female Dog in heat may allow that Dog
to be accessible to another Dog with the consent of both Owners.
5.5
An Owner or Person Responsible must ensure that:
a) the leash length for a Dog on public property does not exceed 2 metres;
b) a Dog is not Tethered longer than two (2) hours within a 24 hour period,
with a 24 hour period beginning at 12:01 am and ending at 11:59 pm;
and
c) when a Dog is in an off leash area, the Owner or Person Responsible for
the Dog must carry a leash and maintain an unobstructed line of sight
to the Dog.
5.6
Every Person Responsible for a Dog must maintain Control of the Dog.
5.7
No person may have custody of more than four (4) Dogs in an Off-Leash
Area or public place.
PART 6 - AGGRESSIVE DOG
6.1
A Bylaw Enforcement Officer may determine that a Dog is an Aggressive
Dog as defined by this bylaw based on the Bylaw Enforcement Officer's
direct observations or reports of the Dog's behavior that the Bylaw
Enforcement Officer considers to be credible.
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6.2
If a Bylaw Enforcement Officer determines that a Dog is an aggressive
Dog, the Bylaw Enforcement Officer will issue a written notice of the
Aggressive Dog determination to its Owner at the address listed in the
Dog licence application or in person.
6.3
Following receipt of written notice of the designation of an Aggressive
Dog, the Owner or Person Responsible for the Aggressive Dog must:
a) attend at City Hall within seven (7) days of receiving the written notice
and pay the fee set out in this bylaw for licensing an Aggressive Dog;
b) within seven (7) days, ensure the Dog has Permanent Identification and
provide a copy of the information contained thereon to the City;
c) within thirty (30) days, retain a certified Dog trainer to provide behavior
remediation for the Dog and provide to the City written confirmation
from the certified Dog trainer that the services of such trainer have
been retained;
d) within three (3) months, provide written confirmation from a certified
Dog trainer that the Dog has successfully completed at least three
(3) sessions of behavior remediation training;
e) not cause, permit, or allow the Dog to be in any public place, unless
the Dog is secured on a leash to its Owner or to the Person Responsible
for the Dog who is capable of restraining the Dog;
f) 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 in the backyard of the
property;
iii. secured on a leash to its Owner or to a Person Responsible for
the Dog; or
iv. in an outside area secured by a fence preventing the Dog from
escaping, and under the Control of its Owner or a Person
Responsible for the Dog.
g) not cause, permit, or allow the Dog to enter any Off-Leash Area; and
h) immediately notify the City that the Dog is At Large upon
becoming aware that the Dog is At Large.
6.4
Within thirty (30) days of receipt of written notice of an Aggressive Dog
designation, the Dog Owner may apply for reconsideration to the
Director to cancel the Aggressive Dog determination.
6.5
The requirements under this Part apply to the Dog until the Aggressive
Dog designation is cancelled.
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6.6
The Owner of an Aggressive Dog must notify a Bylaw Enforcement Officer
within three (3) days if the Aggressive Dog is moved, sold, gifted or
transferred to another person, and the Owner is deemed to be the Owner
of the Aggressive Dog until such notice is given.
6.7
Leash length for aggressive Dogs on public property must not exceed
one (1) metre.
6.8
Retractable leash use is prohibited for aggressive Dogs.
6.9
An Owner of an Aggressive Dog may, after six (6) months of the Dog being
designated an Aggressive Dog have lapsed, apply in writing to the
Director to have the Aggressive Dog designation cancelled. The Director
may cancel the designation if the following requirements are fulfilled, to
the satisfaction of the Director:
a) the Dog has not displayed any further aggressive behavior;
b) the City has not received any further complaints in regard to that Dog;
c) the Owner provides proof that the Owner and the Dog have
successfully completed a course designed to train and remediate an
Aggressive Dog; and
d) the Dog has Permanent Identification.
PART 7 - VICIOUS DOGS
7.1
A Bylaw Enforcement Officer may determine that a Dog is a Vicious Dog
as defined by this bylaw based on the Bylaw Enforcement Officer's direct
observations or reports of the Dog's behavior that the Bylaw Enforcement
Officer considers to be credible.
7.2
If a Bylaw Enforcement Officer determines that a Dog is a Vicious Dog, the
Bylaw Enforcement Officer will issue a written notice of the Vicious Dog
determination to its Owner at the address listed in the Dog licence
application or in person.
7.3
Following receipt of written notice of the designation of a Vicious Dog, the
Owner or Person Responsible for the Vicious Dog must:
a) attend at City Hall within seven (7) days of receiving the written notice
and pay the fee set out in this bylaw for licensing a Vicious Dog;
b) within seven (7) days, ensure the Dog has Permanent Identification and
provide a copy of the information contained thereon to the City;
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c) within seven (7) days, display a clearly visible Vicious Dog sign at all
points of entry onto any premises where the Vicious Dog is kept
temporarily or permanently, warning that there is a Vicious Dog on the
premises;
d) within thirty (30) days, retain a certified Dog trainer to provide behavior
remediation for the Vicious Dog and provide to the City written
confirmation from the certified Dog trainer that the services of such
trainer have been retained;
e) within three (3) months, provide written confirmation from a certified
Dog trainer that the Vicious Dog has successfully completed at least
three (3) sessions of behavior remediation training;
f) not cause, permit or allow the Vicious Dog to be in any public place,
unless the Vicious Dog is muzzled and secured on a leash to its Owner
or to the Person Responsible for the Vicious Dog who is capable of
restraining the Dog;
g) not cause, permit or allow the Vicious Dog to be on private property
without first informing the Owner or occupier of the private property
that the Dog is a Vicious Dog;
h) when in a place owned or occupied by the Owner, ensure the Vicious
Dog is:
i.
kept securely confined indoors;
ii.
kept securely confined in an Enclosure in the backyard of the
property;
iii. secured on a leash to its Owner or to a Person Responsible for the
Dog; or
iv. in an outside area secured by a fence with a locked gate preventing
the Dog from escaping and a person from entering, and under the
Control of its Owner or a Person Responsible for the Dog.
i) not cause, permit, or allow the Vicious Dog to enter any Off-Leash Area;
and
j) immediately notify the City that the Vicious Dog is At Large upon
becoming aware that the Vicious Dog is At Large.
7.4
Within 30 days of receipt of a Vicious Dog designation, the Owner may
apply for reconsideration to the Director to cancel the Vicious Dog
determination.
7.5
The requirements under this Part apply to the Dog until the Vicious Dog
determination is cancelled.
7.6
The Owner of a vicious Dog must notify a Bylaw Enforcement Officer within
three (3) days if the Vicious Dog is moved, sold, gifted or transferred to
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another person, and the Owner is deemed to be the Owner of the Vicious
Dog until such notice is given.
7.7
Leash length for Vicious Dogs on public property must not exceed 1 metre.
7.8
Retractable leash use is prohibited for a Vicious Dog.
7.9
Every Owner of a Vicious Dog may, after one (1) year of the Dog being
designated a Vicious Dog has elapsed, apply in writing to the Director to
have the Vicious Dog designation replaced by an Aggressive Dog
designation, if the following requirements are fulfilled to the satisfaction of
the Director:
a) the Dog has not displayed any further vicious behavior;
b) the City has not received any further complaints in regard to that Dog;
c) the Owner provides proof that the Owner and the Dog have
successfully completed a course designed to train and remediate a
Vicious Dog and the instructor of the course has written a letter
supporting the Dog receiving an Aggressive Dog designation instead
of a Vicious Dog designation; and
d) the Dog has Permanent Identification.
7.10
A Dog designated as an Aggressive Dog under section 7.9 of this bylaw is
subject to all of the requirements of an Aggressive Dog under this bylaw
but may not have the Aggressive Dog designation removed under section
6.9 of this bylaw.
PART 8 - SEIZURE AND IMPOUNDMENT OF DOGS
8.1
A Bylaw Enforcement Officer or police officer may seize a Dog when:
a) the Dog is not licensed as required by this bylaw;
b) the Dog is At Large on a highway or in a public place;
c) the Dog is straying or trespassing on private property;
d) the Dog is on unfenced land and not securely Tethered or contained;
e) the Dog is subject to suffering that the Bylaw Enforcement Officer
considers cannot be otherwise reasonably addressed; or
f) there are reasonable grounds to believe that the Dog is a Dangerous
Dog as defined under section 49 of the Community Charter.
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8.2
In order to seize a Dog under section 8.1, a Bylaw Enforcement Officer may
enter any property as permitted by section 16 or section 49 of the
Community Charter.
8.3
A Dog is deemed to be Impounded when it is seized under section 8.1.
8.4
The Owner of an Impounded Dog may reclaim the Dog upon application
to the Poundkeeper accompanied by the following:
a) evidence satisfactory to the Poundkeeper of ownership of the Dog;
b) payment of the applicable fees as set out in Schedule "A";
c) payment of the Dog licence fee, as set out in Schedule "A", if the Dog
does not have a licence; and
d) payment of any penalties or fines owing with respect to the Dog.
8.5
If an Impounded Dog is not reclaimed by its Owner within 7 days of it being
Impounded, the Poundkeeper may offer it to the public for adoption.
8.6
The Poundkeeper may cause an Impounded Dog to be destroyed
humanely by a Veterinarian in the following circumstances:
a) a Veterinarian is of the opinion that immediate Veterinarian
intervention cannot prolong the Dog's life;
b) a Veterinarian is of the opinion that allowing the Dog to live would
result in the Dog suffering unduly;
c) the Dog has not been reclaimed by its Owner within seven (7) days of it
being Impounded; or
d) its Owner has consented in writing to the Dog being destroyed.
8.7
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 City, within 30 days of the order, all boarding fees owing
for it being Impounded as set out in Schedule "A".
8.8
No person may release or cause an Impounded Dog to be released from
the Pound except in accordance with this bylaw or with the permission of
the Poundkeeper.
PART 9 - ENFORCEMENT AND PENALTIES
9.1
This bylaw may be enforced by a Bylaw Enforcement Officer, a police
officer, or the Poundkeeper.
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9.2
A person must not obstruct a Bylaw Enforcement Officer, police officer, or
Poundkeeper engaged in the administration or enforcement of this bylaw.
9.3
Any person who:
a) violates or fails to comply with any provision of this bylaw;
b) permits, suffers or allows any action or thing to be done in violation of
this bylaw; or
c) fails or neglects to do anything required to be done under this bylaw,
contravenes this bylaw, and where the contravention is a continuing one,
each day that the contravention continues is a separation contravention.
9.4
Any person who contravenes this bylaw commits an offence and upon
conviction by way of a proceeding under the Offence Act is liable to a
penalty not less than two thousand dollars ($2,000.00) and not exceeding
fifty thousand dollars ($50,000.00) for each offence and the costs of
prosecution.
9.5
This bylaw may be enforced by the issuance of a bylaw notice under the
Bylaw Notice Enforcement Bylaw No. 2439, 2009.
READ a FIRST, SECOND, and THIRD time on December 5, 2023.
ADOPTED on January 9, 2024.
Nicole MacDonald
Mayor
Tanya Barr
Acting Corporate Officer
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SCHEDULE "A" - FEES
1. There is no licence fee in respect of a certified guide Dog or certified
assistance Dog.
2. If a Dog is licensed outside of the City and moves into the City, upon
receiving proof that the Dog is validly licensed outside of the City, the City
will issue a Dog licence for the remainder of the licence year at no charge.
3. Dog Licensing Fees for unneutered Dogs or unspayed Dogs:
(a)
$56.00 if the Dog is being licensed for the first time under this
bylaw.
(b)
$56.00 if paid prior to February 1.
(c)
$73.00 if paid on or after February 1.
(d)
$10.00 if the Owner is 65 years old or older.
4. Dog Licensing Fees for Neutered Dogs or Spayed Dogs:
(a)
$28.00 if the Dog is being licensed for the first time under this
bylaw.
(b)
$28.00 if paid prior to February 1.
(c)
$40.00 if paid on or after February 1.
(d)
$10.00 if the Owner is 65 years old or older.
5. Dog Licensing Fee for an Aggressive Dog is $250.00.
6. Dog Licensing Fee for a Vicious Dog is $500.00.
7. The replacement fee for a lost or defaced Licence Tag is $10.00.
8. Impound fees for a Dog which is not an Aggressive or Vicious Dog:
(a) $50.00 for the first impoundment.
(b) $75.00 for the second impoundment.
(c) $150.00 for each subsequent impoundment.
9. Impound fees for an Aggressive Dog:
(a) $100.00 for the first impoundment.
(b) $200.00 for the second impoundment.
(c) $300.00 for each subsequent impoundment.
10. Impound fees for a Vicious Dog:
(a)
$400.00 for the first impoundment;
(b)
$500.00 for the second impoundment;
(c)
$600.00 for each subsequent impoundment.
11. The boarding fee is $50.00 for each day or part thereof in which a Dog is in
the Pound.