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of Port
Bylaw No. 3343
A Bylaw to regulate the keeping of domesticated Dogs and Cats within the City of Port Moody.
WHEREAS:
pursuant to section 8(3)(k) of the Community Charter, S.B.C. 2003, c. 26 (the
"Community Charted'), Council for the City of Port Moody has authority to regulate
prohibit, and impose requirements in relation to Animals;
pursuant to section 48 of the Community Charter, Council of the City of Port Moody has
the authority to provide for the seizure of Animals and establish fees to be paid in
relation to seized Animals;
-
pursuant to section 49 of the Community Charter, Council of the City of Port Moody has
the authority to regulate and control Dangerous Dogs; and
-
pursuant to section 15 of the Community Charter, Council of the City of Port Moody has
authority to establish licensing requirements;
NOW THEREFORE the Council of the City of Port Moody, enacts as follows:
1.
Citation
1.1
This Bylaw may be cited as "City of Port Moody Animal Control Bylaw, 2024
No. 3343".
2.
Repeal
2.1
City of Port Moody Animal Control Bylaw No. 2677 and all amendments thereto are
hereby repealed.
Definitions
3.
3.1
In this Bylaw, unless the context otherwise requires:
"Aggressive Behaviour" means any behaviour by a Dog that intimidates or
demonstrates a threat of harm directed at a person or a Domestic Animal and
includes snarling, growling, or pursuing a person or Domestic Animal.
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'Aggressive Dog" means a Dog that meets one or more of the following conditions:
a)
has, aggressively, pursued or harassed a person or other Animal or has
demonstrated a propensity, tendency, or disposition to do so; or
b)
has caused a Minor Injury to a person or another Animal or has
demonstrated a propensity, tendency, or disposition to do so.
"Altered Cat" means a male Cat that has been neutered, or a female Cat that has
been spayed.
"Altered Dog" means a male Dog that has been neutered, or a female Dog that has
been spayed.
'Animal" has the same meaning as defined in the Community Charter.
'At Large" means an Animal which is:
not restrained by means of a Leash where the Animal is located In a
Public Place;
not restrained by means of a Leash where the Animal is on private
property, other than property owned or occupied by the Owner of that
Animal, or where the private property Owner has given permission for the
Animal to not be on a Leash;
on unenclosed land owned or occupied by the Owner of the Animal, and
not restrained in a manner to prevent it from roaming; or
a Vicious Dog or Dangerous Dog that is on private property and not
contained in an Enclosure or securely confined within a dwelling.
"Bite" or "Biting" means contact with a person or Domestic Animal, that includes,
but is not limited to, bruising, breaking, or puncturing of the skin, caused by the
teeth of an Animal.
a)
b)
c)
d)
"Bylaw Enforcement Officer" means a member of the Port Moody Police
Department, or a person appointed by Council as a Bylaw Enforcement Officer.
"Bylaw Manager" means the person appointed as the Manager of Building, Bylaw,
and Licensing, or their designate.
"Cat" means a member of the felis catus family and commonly known as the
domestic house cat.
"City" means the City of Port Moody.
"Competent Adult" means someone over the age of nineteen (19) years.
"Council" means the Council for the City.
"Dangerous Dog" has the same meaning as defined in the Community Charter.
"Deliver" means to send by regular or registered mall, or to leave with a person, or
deposit in a mailbox or mail slot at the person's residence or place of business.
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Distress" means one or more of the following forms of suffering:
a)
deprived of adequate food, water, shelter, ventilation, light, space
exercise, care, or veterinary treatment;
b)
kept in conditions that are unsanitary;
c)
not protected from excessive heat or cold;
d)
injured, sick, or in pain; or
e)
abused or neglected.
"Dog" means a member of the cam's familiaris family, commonly known as a
domesticated dog.
"Dog Licence" means a Dog Licence issued by the City in accordance with
section 7 of this Bylaw consisting of a tag issued by the City which is impressed or
stamped with a unique number.
Domestic Animal" has the same meaning as defined in the Community Charter.
Enclosure" means a structure that is:
a)
at least two (2) metres in height, width, and length;
b)
constructed of rigid materials;
c)
designed with secure sides, top, and bottom;
d)
locked to prevent unauthorized entry;
e)
suitable to confine the Dog and to prevent the Dog from escaping; and
f)
not constructed of invisible fencing systems.
"Fees Bylaw" means the City of Port Moody Fees Bylaw as amended from time to
time.
Fire Department" means Port Moody Fire Rescue.
"Guard Dog" means a Dog that is specifically trained for or used primarily for the
purposes of guarding property, including residential, commercial, and industrial
property.
Impound" includes seizing and detaining.
"Leash" means a device of sufficient strength and design to restrain the Animal for
which it is being used, where one end is securely affixed to the Animal and the
other end is being securely held by the Owner of the Animal.
Licence Year" means the period between January
1 and December 31 in any year.
"Livestock" means cattle, goats, horses, sheep, swine, llamas, alpacas, ostriches
and game.
"Minor Injury" means a physical injury to a person or Domestic Animal that includes
but is not limited to, pinches, minor localized bruising, shallow punctures, or
lacerations in one direction only.
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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.
"Off-Leash Area" means an area where a sign is posted by the City indicating a
specific geographic area where a Dog may be in a Public Place and not be
restrained by a Leash.
Owner", in relation to an Animal, means a person:
a)
to whom a Dog Licence has been issued under this Bylaw;
b)
who owns, is in possession of, or has the care or control of an Animal,
temporarily or permanently;
c)
who harbours, shelters, permits, or allows an Animal to remain on 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 an Animal.
"Permanent Identification" means identification for an Animal in the form of a visible
tattoo or a microchip that contains the contact information of the Owner.
"Poultry" includes a domestic fowl, waterfowl, pigeons, and peafowl, but excludes
species of birds that are normally kept inside a dwelling.
"Public Place" includes a highway, street, lane, boulevard, park, or any other real
property owned, held, vested in, or operated, managed, or administered by, the
City or by a school located within the City.
Serious Injury" means a physical injury to a person or Domestic Animal that:
a)
consists of deep punctures, lacerations in more than one direction, or
broken bones; or
b)
requires sutures or cosmetic surgery.
"Special Needs Assistance Animal" means a special needs Animal as defined in
the Guide Animal Act, R.S.B.C. 1996, c. 177.
Under Control" means, in respect of any Dog, such circumstances where the Dog:
a)
immediately returns when called by the Owner of the Dog; and
b)
is not displaying Aggressive Behaviour.
"Veterinarian" means a person who is registered and in good standing with the
College of Veterinarians of British Columbia to practice veterinary medicine.
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'Vicious Dog" means a Dog that:
has, without provocation, caused a Minor Injury to a person on more than
one occasion:
has, without provocation, caused a Minor Injury to a Domestic Animal on
more than one occasion;
the Bylaw Manager has reasonable grounds to believe that, based on
repeated Aggressive Behaviour, is likely to cause a Minor Injury on more
than one occasion to a person or Domestic Animal or Is likely to cause a
Serious Injury to a person or Domestic Animal; or
is a Dangerous Dog.
"Zoning Bylaw" means the City of Port Moody Zoning Bylaw as amended from time
to time.
a)
b)
c)
d)
4.
Licensing of Dogs
4.1
The Owner of every Dog shall obtain a licence for the Dog from the City by
registering, describing, and licensing it with the City no later than the 31®' of
January every calendar year or as soon thereafter as such Dog shall attain the age
of four (4) months. The initial issuance of a licence will be by way of a permanent
metal tag, which will be stamped with the number of the licence. Every applicant
for a licence shall pay a licence fee as prescribed in the Fees Bylaw.
Licensing fees will be required as prescribed in the Fees Bylaw for Aggressive,
Vicious, and Dangerous Dogs.
4.2
4.3
If a Dog is deemed Aggressive, the existing licence will be considered invalid, and
a new licence must be obtained in accordance with the Dog's designation.
4.4
If a Dog is deemed Vicious, the existing licence will be considered invalid, and a
new licence must be obtained in accordance with the Dog's designation.
4.5
Every licence shall be distinguished by a number, and a record shall be kept of all
licences issued and, for the purpose of identification, a general description of the
Dog, with respect to which such licence was issued.
4.6
No person shall keep, own, have in their possession, or harbour in the City any
Dog, unless it has been licensed as aforesaid, and a tag has been obtained.
Every Owner of a Dog shall ensure that a valid and readable Dog licence metal tag
is displayed on the Dog at all times by affixing it to the Dog by collar, harness, or
other similar device.
4.7
A person who, without authority, removes a Dog licence metal tag from any Dog,
shall be guilty of a breach of this Bylaw.
Any person who has obtained a tag as provided in this Bylaw and has lost the tag
may apply to the Bylaw Manager for a replacement tag. The Bylaw Manager may
issue a replacement tag upon payment of a fee as prescribed in the Fees Bylaw,
4.8
4.9
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4,10 Where the Owner of a licensed Dog sells or otherwise ceases to be the Owner of
the Dog, the licence shall become cancelled.
Care and Control of Dogs
Except in areas specifically designated by a posted notice as being Off-Leash
Areas, every Owner is responsible for ensuring that their Dog is not, at any time,
running At Large within the City, regardless of whether the Owner has entrusted the
care and custody of the Dog to any other person.
Every Owner is responsible for
ensuring that the Dog is secured by a collar and Leash suitable to the Dog's size
and strength and that such Leash is Under the Control of the Owner or their agent.
Every Owner using an Off-Leash Area in a Public Place is responsible for the
actions of the Dog. The Owner must at all times, ensure that the Dog is under full
voice control and have in their possession a Leash suitable for the restraint of the
Dog. Dogs designated Vicious or Aggressive are prohibited from the use of any
Off-Leash Areas.
5.
5.1
5.2
No person shall suffer or permit any Dog, of which they are the Owner, possessor,
or harbourer, to cause any injury to any person or Domesticated Animal anywhere
in the City.
5.3
No person shall suffer or permit any Dog to leave or deposit excrement any place
other than the property of the Owner, unless the Owner takes immediate steps to
remove such excrement and to dispose of same in a sanitary manner.
5.4
No person shall keep, harbour, or have in their possession any Dog suffering from
any infectious or communicable disease, unless such Dog is in isolation on the
Owner's property and is undergoing treatment for the cure of such disease.
5.5
No person shall suffer or permit any Dog, of which they are the Owner, possessor,
or harbourer to make any noise anywhere in the City that disturbs the quiet, peace
rest, enjoyment, comfort, or convenience of the neighbourhood or of a person or
persons in the vicinity.
5.6
5.7
No person may cause, permit, or allow an Animal to be confined in an enclosed
space, including a motor vehicle or boat, unless there is adequate ventilation.
No person may keep an Animal which normally resides outside, or which is kept
outside for short to extended periods of time, unless the Animal is provided with
outside shelter:
5.8
to ensure protection from heat, cold, and wet that is appropriate to the Animal's
weight and type of coat;
that is at least twice the length of the Animal in all directions, and at least as
high as the height of the Animal measured from the floor to the highest point of
the Animal when standing in a normal position, plus 10%;
in an area to provide sufficient shade to protect the Animal from the direct rays
of the sun at all times;
that is regularly cleaned and sanitized, including the daily removal of
excrement; and
City of Port Moody Animal Control Bylaw, 2024, No. 3343
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a)
b)
c)
d)
6
e)
with access to clean potable drinking water at all times and suitable food of
sufficient quantity and quality.
Every Owner of a whelping female Dog must, where the Dog has, at any time
during the whelping period or any previous whelping period, displayed Aggressive
Behaviour, keep the Dog confined to premises Under the Control of the Owner.
Every Owner of a diseased Animal must, where the disease poses a threat to the
health or safety of a person or Domestic Animal, ensure that the diseased Animal
does not leave the property or premises of the Owner other than for the purpose of
visits of a Veterinarian, in which case the Animal must be transported in a manner
as to ensure that it does not come into contact with another person or Domestic
Animal.
5.9
5,10
5.11 Every Owner of an Animal must obey all posted signs that apply to that Animal
while in a Public Place.
5.12 No Owner of an Animal shall abandon that Animal on any property owned or
vested in the City.
5.13 Every Owner of a Dog who bites a person or Domestic Animal must remain at the
scene of the bite until the person or Domestic Animal is provided medical care or
attention if necessary.
6.
Vicious Dogs
Every Owner of a Vicious Dog must be a Competent Adult.
6.1
On the first business day after a Dog has been declared Vicious, the Owner shall
attend City Hall:
6.2
a)
to pay the licence fee as set out in the Fees Bylaw; and
b)
to have the Vicious Dog photographed, and the photo retained at City Hall for
identification purposes.
Every Owner of a Vicious Dog shall notify a Bylaw Officer within three (3) days
should the Vicious Dog be moved, sold, or transferred to another person, or dies.
6.3
Every Owner of a Vicious Dog shall, within five (5) days after the Dog has been
declared Vicious, have a licensed Veterinarian tattoo or implant an electronic
identification microchip in the Animal and provide the added identification
information to the Bylaw Enforcement Officer prior to a licence being issued for that
Vicious Dog.
Every Owner of a Vicious Dog shall immediately notify a Bylaw Enforcement Officer
when that Dog is At Large.
6.4
6.5
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The Owner of a Vicious Dog shall ensure that, when the Dog is on the property of
the Owner,
it is either securely confined:
a)
indoors and Under the Control of a Competent Adult; or
b)
outdoors within a locked Enclosure constructed to prevent the escape of the
Dog and capable of preventing the entry of any person not in control of the
Dog.
When the Owner of a Vicious Dog takes the Vicious Dog off the Owner's property
the Owner shall at all times:
6,6
6.7
a)
have the Dog securely muzzled;
b)
have the Dog on a Leash that does not exceed 1.2m in length in a manner that
prevents
it from chasing, injuring, or biting other Domestic Animals or humans;
and
c)
ensure that the Dog is under the control of a person over the age of nineteen
(19) years.
Aggressive Dogs
7.
On the first business day that City Hall is open after a Dog has been declared an
Aggressive Dog. or that a person becomes the Owner of an Aggressive Dog, the
Owner shall attend City Hall to pay a licence fee set out in the Fees Bylaw.
7.1
Every Owner of an Aggressive Dog shall ensure that at all times that the Dog is on
the Owner's property, the Dog is:
7,2
a)
securely confined indoors; or
b)
securely confined outdoors on the premise within a fenced area sufficient to
prevent the escape of the Dog and Under the Control of a Competent Adult.
Every Owner of an Aggressive Dog shall ensure that at all times that the Dog is off
the Owner's property, the Dog is:
7.3
a)
securely muzzled;
b)
on a Leash in a manner preventing it from jumping, injuring, or biting other
Domestic Animals or a human; and
c)
Under the Control of a Competent Adult.
8.
Revoking Dog Licences
The Bylaw Manager may revoke a Dog Licence in respect of any Dog whose
Owner has failed to pay any licensing or impoundment fees under this Bylaw, and
not reinstate that Dog Licence until all fees are paid.
Where a Dog is licensed and is subsequently deemed to be an Aggressive Dog or
a Vicious Dog, the Dog Licence applicable to that Dog will become invalid and the
Owner of that Dog must apply to the City for a new Dog Licence.
If a Dog Licence is revoked under this Bylaw, the City shall deliver notice of the
revocation to the Owner at the address indicated on the Dog Licence application.
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8.1
8.2
8.3
8
9.
Seizure of Dogs
A Bylaw Officer or any police constable may seize any Dog in any of the following
circumstances;
9.1
a)
an unlicensed Dog;
a Dog running At Large while on a highway or in any Public Place;
a Dog straying or trespassing on private property not owned by the Owner of
the Dog:
a Dog on unfenced land and not securely tethered or contained where required
to do so by this Bylaw; or
a Dog that is suffering.
b)
c)
d)
e)
After making a seizure, a Bylaw Officer shall deliver the Dog to the Animal Shelter
and retain the Dog for a period of up to four (4) days (96 hours).
If the Dog has not
been claimed, with any and all fees, penalties, or other amounts owing paid in full,
the City may put the Dog up for adoption,
A Bylaw Officer who has reason to beiieve that a Dog for which the licence for the
current year has not been paid, or a Dog that does not have attached to it a metal
tag, has taken refuge on any premises, may request that the Dog be delivered to
the Bylaw Manager immediately. Any person refusing or interfering with the Bylaw
Manager's request or seizure of the Dog shall be deemed to commit an offence
under this Bylaw.
When a complaint is received that a Dog is Dangerous or diseased, a Bylaw Officer
shall investigate the complaint, and if satisfied that such complaint is well founded,
shall request the Owner of such Dog to destroy the same or to keep it in
confinement on his own premises.
If the Owner does not comply with the request,
the Bylaw Officer may, subject to this Bylaw or the Community Charter, seize the
Dog and impound the same.
It shall be lawful for the Bylaw Manager, Bylaw Officer, or any Police Officer or any
other person duly authorized by the City to destroy, at once, a diseased or
Dangerous Dog found At Large. The Owner of any unlicensed Dog impounded
under this Bylaw may reclaim this Dog prior to destruction upon application to the
Bylaw Manager and upon proof of ownership and upon payment of the licence fee
for the current year and the expenses incurred in impounding and maintaining such
Dog, as prescribed in the Fees Bylaw.
The Owner of any Licensed Dog impounded under this Bylaw may reclaim the Dog
upon application to the Bylaw Manager and upon providing proof of ownership and
payment of the expenses incurred in impounding and maintaining such Dog as
prescribed in the Fees Bylaw.
It shall be the duty of the Bylaw Manager to keep a record of each Dog impounded,
the date and hour of impounding, the description of the Dog, the name of the
person from whom the Dog had been seized, and the manner in which such Dog is
disposed of.
This record shall be open to inspection by the City or their appointed
agents.
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9.2
9.3
9.4
9.5
9.6
9.7
9
10.
Animal Defecation
10,1 Every Owner of an Animal that defecates in a Public Place or on any private
property without the consent of the Owner of that property, shall immediately
remove the excrement and dispose of it in a sanitary manner.
11.
Transportation of Animals
11,1 No person may transport an Animal in a vehicle outside the passenger
compartment unless it is confined in a pen or a cage, or unless it is secured in a
body harness or other manner of fastening to prevent it from jumping or falling off
the vehicle or otherwise injuring itself.
12.
Confinement of Animals
12.1
No person may cause, permit, or allow an Animal to be confined in an enclosed
space, including a motor vehicle or boat, unless:
a)
there Is adequate ventilation to prevent the Animal from suffering discomfort
Distress, or heat- or cold-related injury; and
b)
such enclosed space or vehicle,
if stationary, shall be in an area providing
sufficient shade to protect the Animal from the direct rays of the sun at all
times.
13.
Care of Animals
13.1 No person may keep an Animal unless the Animal is provided with:
a)
clean potable drinking water at all times and suitable food of sufficient quantity
and quality to allow for normal growth and the maintenance of normal body
weight;
food and water receptacles kept clean and disinfected and located so as to
avoid contamination by excreta;
the opportunity for periodic exercise sufficient to maintain good health,
including the opportunity to be unfettered from a fixed area and exercised
regularly under appropriate control;
necessary veterinary medical care when the Animal exhibits signs of pain,
suffering, or Distress;
daily opportunities for social contact with people or Animals; and
clean and sanitary living conditions, including the removal of excrement.
b)
c)
d)
e)
f)
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13.2 No person may keep an Animal which normally resides outside, or which is kept
outside for short to extended periods of time, unless the Animal is provided with
outside shelter:
a)
to ensure protection from heat, cold, and wet that is appropriate to the Animal's
weight and type of coat;
that is at least twice the length of the Animal in all directions, and at least as
high as the height of the Animal measured from the floor to the highest point of
the Animal when standing in a normal position plus 10%;
in an area that provides sufficient shade to protect the Animal from the direct
rays of the sun at all times;
that is regularly cleaned and sanitized including the daily removal of excrement;
b)
c)
d)
and
e)
that contains dry bedding that will assist with maintaining normal body
temperature.
13.3 No person shall cause, permit, or allow an Animal to be tethered, hitched, tied, or
fastened to a fixed object:
a)
in such a way that the Animal is able to leave the boundaries of the Owner's
property;
where a choke, prong, or shock collar or a chain forms part of the securing
apparatus or where a rope or cord is tied directly around the Animal's neck;
except with a collar or harness that is properly fitted to the Animal and attached
in a manner that will not injure the Animal or enable the Animal to injure itself;
except with a tether of sufficient length to enable the full and unrestricted
movement of the Animal; or
while the Animal is unattended at any time.
b)
c)
d)
e)
13.4 No person shall cause, permit, or allow an Animal to be in Distress.
14.
Cat Control
14.1 No person may be or become an Owner of any Cat that is actually or apparently
over the age of six (6) months unless:
a)
the Cat has been spayed or neutered by a Veterinarian; or
b)
the person is not normally resident in the City and, while in the City for any
temporary period or periods, ensures that the Cat is not permitted to be
running At Large in the City.
14.2 Every Owner of a Cat must ensure that the Cat, if it is whether pursuant to a
breeder's permit issued under this Bylaw or otherwise, is not permitted to be
running At Large within the City.
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15.
Cat Identification
15.1 Every Owner of a Cat shall, for ensuring that their Cat bears sufficient identification
to allow any person finding the Cat running At Large to identify and contact the
Owner, identify the Cat by a means satisfactory to the City. Cat identification shall
at a minimum take the form of a collar bearing the Cat's name, along with the
Owner's address and telephone number and shall be worn by the Cat at all times
when the Cat is not on the property of its Owner. Other acceptable forms of
identification shall include a traceable tattoo or microchip.
15.2
It is unlav»/ful for any person other than the Owner of a Cat or the Bylaw Manager to
remove any identification worn by a Cat.
16.
Poultry and Livestock
16.1 No person shall keep Livestock or Poultry on or in any residentially zoned property.
17.
Offence and Penalty
17.1 Any person who contravenes any provision of this Bylaw or who suffers or permits
any act or thing to be done in contravention of any provisions of the Bylaw or who
refuses or neglects to perform any obligation, imposed by this Bylaw commits an
offence is liable upon summary conviction to a fine not exceeding Ten Thousand
Dollars ($10,000.00) or a term of imprisonment not exceeding six (6) months or
both; and each day which any contravention continues shall be deemed a separate
offence.
17.2 Offences for which tickets can be issued and fines imposed are prescribed in the
Municipal Ticket Information Authorization Bylaw.
18.
Severability
18.1
If a portion of this Bylaw is found invalid by a court,
it will be severed, and the
remainder of the Bylaw will remain in effect.
Read a first time this 2711 day of February. 2024.
Read a second time this 27111 day of February. 2024.
Read a third time this 27lH day of February. 2024.
Adopted this 121H day of March. 2024.
.7?
M. Lahti
Mayor
S. Lam
Corporate Officer
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