Bylaw 1005 - Animal Control and Licensing

Pouce Coupe, British Columbia

This is the exact embedded text of the captured official document. Snapshot 0f4e2b07c3d3 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

1 THE CORPORATION OF THE VILLAGE OF POUCE COUPE BYLAW NO. 1005, 2018 A bylaw to provide licensing, regulation and control of animals. THIS DOCUMENT HAS BEEN REPRODUCED FOR CONVENIENCE ONLY and is a consolidation of " Animal Control & Licensing Bylaw No. 1005, 2018" with the following amending bylaws: Animal Control & Licensing Bylaw Amendment Bylaw No. 1064, 2025 Animal Control & Licensing Bylaw Amendment Bylaw No. 1078, 2025 Individual copies of any of the above bylaws are available from the Pouce Coupe Village Office. For legal purposes, copies of the original bylaws should be obtained. 2 VILLAGE OF POUCE COUPE BYLAW NO. 1005, 2018 PROVINCE OF BRITISH COLUMBIA A Bylaw of the Corporation of the Village of Pouce Coupe in the Province of British Columbia to provide for the licensing, regulation and control of dogs, cats and other domestic animals, and the keeping of horses, within the Village of Pouce Coupe. WHEREAS pursuant to the Community Charter, Council may, by bylaw, regulate, prohibit and impose requirements in relation to animals; AND WHEREAS Council considers it to be in the public interest to regulate, prohibit and impose requirements for dogs and other animals within the Village of Pouce Coupe; AND WHEREAS Bylaw No. 966, 2014 "Animal Control and Licensing" is hereby repealed. THEREFORE The Council of the Corporation of the Village of Pouce Coupe in open meeting assembled enacts as follows: PART I - TITLE 1. Citation This bylaw may be cited for all purposes as Animal Control & Licensing Bylaw No. 1005, 2018. PART II - DEFINITIONS 3. Interpretation Administrator: Means the appointed Administrative Officer of the Village; Animal: Includes a dog, cat, horse, mule, ass, swine, sheep, goat, turkey, goose, duck or other poultry, pigeons, reptiles, as well any cattle or fur bearing animal or other animal by whatever technical or familiar name known; Animal Control Officer: Means any person designated by Council to administer the provisions of this Bylaw; At Large: Includes: (i) when not on the property of the owner; or (ii) uncontained and not under the immediate charge and control of the owner or a competent person. (iii) All dogs must be on a leash when not on the property of the owner 3 Bylaw Enforcement Officer: Means any person designated by Council to enforce the Bylaws of the Village, including but not limited to a Member of the Royal Canadian Mounted Police, the Village Fire Chief, a Special Constable of the BC SPCA, and any other person so authorized by the Village Administrator; Cat: Means a member of the felis catus family commonly known as the domestic house cat; Competent Person: Means a person who is not intoxicated, and who is physically able to exercise control over an animal in question; Council: Means the Council of the Village; Dangerous Dog Means a dog that: (i) has killed or seriously injured a person or domestic animal; (ii) has a known tendency or disposition to attack without provocation; (iii) has bitten, attacked or aggressively pursued a person or domestic animal without provocation; (iv) is owned or trained for the purpose of dog fighting; or (v) an Animal Control Officer has reasonable grounds to believe is likely to kill or seriously injure a person. Dog: Means an animal of the canine species, regardless of age or sex; High-Risk Dog Means a dog that: (i) has, without provocation, displayed aggressive behaviour towards a person or domestic animal on more than one occasion, but has not caused serious injury; (ii) is of a breed, type, or mix that Council has, by resolution, designated as high risk for public safety; or (iii) an Animal Control Officer has reasonable grounds to believe poses a risk to persons, domestic animals, or property due to observed behaviour, training, or history, but does not meet the definition of a Dangerous Dog. Impound: Means to take into custody, confine, and hold; Kennel: Means a place where dogs are bred, reared, trained or boarded; BL1078 BL1078 4 Municipality: Means the area lying within the corporate limits of the Village; Owner: Means any natural person or body corporate: (i) who is the licensed owner of an animal; (ii) who has legal title to an animal; (iii) who has possession or custody of an animal, either temporarily or permanently; (iv) who harbours an animal; (v) who allows an animal to remain on their premises; or (vi) where an animal is being kept or harboured by or in the possession or custody of a person under the age of 18 years, the custodial parent or legal guardian of that person; Park: Means any property acquired by the Village by means of purchase, lease, or otherwise and held for pleasure, recreation, or community uses of the public, and includes a public library, art gallery, museum, arena, and exhibition buildings; Person: Means and includes a natural person, household, corporation, firm, or co- partnership; Poundkeeper: Means an Animal Control Officer or other person designated by Council, under contract or otherwise, to maintain and operate a pound in the Village; Running at large: Means an animal that is not on the property of the owner and not on a leash. Service Dog: Means any dog trained by a recognized and accredited institution: (i) as a law enforcement dog; or (ii) to provide assistance to a hearing or visually impaired, physically or developmentally challenged person; Unlicensed Dog: Means any dog for which the licence fee for the current year has not been paid to the Village and to which a current tag, issued by the Village, is not attached; Vicious Dog: Means: (i) a dog which has killed or seriously injured a person or animal; (ii) a dog which has a known tendency or disposition to attack animals or humans without provocation; 5 (iii) a dog which has bitten, attacked or aggressively pursued a person or animal without provocation; (iv) a dog which has been trained for, or is owned for, the purpose of dog fighting; (v) a dog that an Animal Control Officer has reasonable grounds to believe is likely to kill or seriously injure a person. Village: Means the Village of Pouce Coupe. PART III - REGULATIONS 4. Application for Licence (1) Every person who owns, possesses or harbors any dog or cat shall obtain a licence for such dog/cat every calendar year. (2) A person may obtain a licence for a dog/cat by coming into the Village office and paying the fee prescribed in Schedule "B" of the Village of Pouce Coupe Consolidated Municipal Fees and Charges Bylaw No. 1062, 2025. (3) No licence fee is payable in respect of a service dog. 5. Certificate (1) Where applying for a reduced licence fee for a spayed or neutered dog or cat, it shall be the responsibility of the owner of the dog or cat to provide evidence to the satisfaction of the Administrator or Animal Control Officer that the dog/cat is spayed or neutered. This may include a certificate from a registered Veterinary Surgeon. (2) Where an owner presents proof that his or her dog/cat has been neutered or spayed within the licensing year, reimbursement will be given on the difference between the annual licence fee for an unneutered or unsprayed dog and the fee for a neutered or spayed dog/cat. 6. Licensing (1) Every licence issued under this Bylaw shall be for the calendar year specified thereupon, and shall expire on the 31st day of December of that year. A licence shall be renewed not later than the 1st day of February in the following calendar year. (2) Every licence issued under this Bylaw, other than a licence issued under Section 13, shall be for 1 animal only. A licence is not transferable to any other dog/cat. (3) Every person having paid the prescribed fee for a dog or cat licence shall receive a dog/cat licence tag which shall at all times be fastened to a collar or harness worn on the dog or cat for which the fee was paid. The only exception will be where a qualified Veterinary Surgeon certifies that a dog/cat cannot, due to sickness or injury, comfortably wear a collar or harness or where a dog/cat is strictly for special purposes and kept in a kennel and the tag is attached to the outside of the kennel. BL1064 6 (4) The Village shall maintain a record of all licenses issued pursuant to this bylaw, including the names and addresses of all dog/cat owners, the description and licence number of all dogs and cats, and the date that the licence was issued and the fee which was paid. (5) No person except the owner of the dog or cat, a veterinarian performing veterinary services upon the dog, or the Animal Control Officer shall remove a licence tag from a dog/cat. (6) The owner of a cat is responsible to ensure that the cat has permanent identification in the form of veterinary administered tattoo, microchip, or corresponding licence tag number. (7) No person will keep more than two (2) dogs or four (4) cats on any residence in the Village at any one time except in the lawful operation of a kennel or veterinary clinic. 7. Licence Replacement (1) The Village may, upon being satisfied that a tag issued hereunder has been lost or stolen, issue a replacement thereof upon payment as set out in Schedule "B" of the Village of Pouce Coupe Consolidated Municipal Fees and Charges Bylaw No. 1062, 2025. 8. Control of Dogs/Cats (1) The owner of an intact animal must, at all times when the dog or cat is in heat, keep the dog or cat securely confined within a building, enclosure or carriage bag capable of preventing the dog's or cat's escape and the entry of other dogs or cats. The dog should also be kept out of off leash areas when in heat. Cats should be kept indoors when in heat. (2) The owner of a dog will, at all times when the dog is on the owner's property, keep the dog securely confined on the property by keeping the dog indoors, or within a fenced area sufficient to prevent the dog from leaving the property. (3) The owner or any person in control of a dog/cat must not allow the dog/cat to damage or destroy any building, structure, tree, shrub, plant, or turf in a public place. (4) No owner will permit an animal to create a noise, such as howling or barking, in the Village if persistent noise disturbs or is liable to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the public. (5) If the weather drops below minus 10 degrees Celsius, no animal shall be chained outside. (6) Complaints concerning an alleged disturbance should be made to the Animal Control Officer. BL1078 7 (7) Subsequent complaints concerning an alleged disturbance, will require the complainant and neighbors near to the source of the disturbance to submit a noise disturbance log to the Animal Control Officer who will confirm the violation has occurred. (8) The owner of a dog must, at all times when the dog is in the rear of an open vehicle on any highway or public place, keep the dog on a leash or other suitable device so as to prevent the dog from reaching beyond the sides of the vehicle. 9. Animals Generally (1) No person will keep an animal suffering from an infectious or contagious disease on any parcel of land in the Village unless the animal is kept securely confined within a building or enclosure capable of preventing the animal's escape and the entry of other animals and is under veterinary care for the disease. (2) No person will keep any animal in the Village unless the animal is provided with: i. Clean, potable drinking water and food in sufficient quantity and of a recognized nutritional quality to allow for the animal's normal growth and the maintenance of the animal's normal body weight; ii. Sanitary food and water receptacles; iii. The opportunity for periodic exercise sufficient to maintain the animal's good health; iv. Clean bedding material and an area maintained at a temperature warm and dry enough to prevent the animal from suffering discomfort; and v. The necessary veterinarian care when the animal exhibits signs of pain, suffering, or disease. (3) No person will keep any animal outside for extended periods of time unless the animal is provided with shelter, of sufficient size to allow the animal to turn about freely, stand, sit and lie in a normal position, so as to: (a) Ensure protection of the animal from heat, cold, and wetness appropriate to the animal's weight and type of coat; and (b) Provide sufficient shade to protect the animal from the direct rays of sun. (4) No person will keep any animal confined in an enclosed space, including a motor vehicle, without sufficient ventilation to prevent the animal from suffering discomfort or heat injury. (5) No person will keep any animal 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 animal's neck. (6) No person will keep any animal hitched, tied, or fastened to a fixed object as the primary means of confinement. 8 10. Types of Animals (1) No person shall permit any animal, except a dog or cat, to be housed, pastured, or maintained on any land within the Village, except as permitted by Section 18. 11.1 High-Risk Dogs (1) Where, in the opinion of and at the sole discretion of an Animal Control Officer, a dog meets the definition of a High-Risk Dog, the Animal Control Officer may issue written notice to the owner of that dog advising the owner of the requirements of this bylaw with respect to high-risk dogs. (2) No person shall own, possess, or harbour a high-risk dog within the Village unless the dog is kept in a manner that prevents it from endangering the safety of any person, domestic animal, or property. (3) Without limiting the generality of the foregoing, no person who owns, possesses, or harbours a high-risk dog shall permit or allow the dog to be on any highway, public place, or other property not owned or controlled by that person, unless the dog is: (i) firmly held by a person competent to restrain the dog on a leash not exceeding 1 min length; and (ii) under continuous control of that person. (4) Every owner of a high-risk dog shall: (i) ensure that the dog is not at large within the Village at any time; (ii) when the dog is on the owner's premises, keep the dog securely confined indoors or within a fenced yard or enclosure sufficient to prevent the dog from escaping; and (iii) comply with any additional conditions imposed by the Animal Control Officer under this bylaw. 11.1 High-Risk Dogs (1) Where, in the opinion of and at the sole discretion of an Animal Control Officer, a dog meets the definition of a dangerous dog, the Animal Control Officer may issue written notice to the owner of that dog advising the owner of the requirements of this bylaw with respect to dangerous animals. (2) No person shall own, possess or harbor any dangerous dog within the Village unless the dog is kept sufficiently secured so as to prevent it from endangering the safety of any person or other animal, including a person lawfully entering upon the premises where the animal is located. (3) Without limiting the generality of the foregoing, no person who owns, possesses or harbors a dangerous dog shall permit or allow the dog to be on any highway, BL1078 BL1078 9 or any public place, or any place not owned or controlled by that person, unless the dog is firmly held by a person competent to restrain the dog on a leash not exceeding 1 min length, and muzzled by a properly fitted humane device sufficient to prevent the dog from biting another animal or human. (4) Every owner of a dangerous dog shall: (i) ensure that the dog is not at large within the Village at any time; (ii) post a clearly visible sign at all points of entry onto any premises where the dog is being kept, temporarily or permanently, warning that there is a dangerous dog on the premises; (iii) at all times while the dangerous dog is on the person's premises, keep the dangerous dog securely confined indoors or confined outdoors in an enclosed pen or other structure that is adequately constructed to prevent the entry of any unauthorized person including small children and to prevent the dangerous dog from escaping; and (iv) within 30 calendar days of receiving notice from the Animal Control Officer that their dog is a dangerous dog, ensure the dog has permanent identification in the form of a tattoo or microchip, and provide the identification information to the Animal Control officer. Vicious Dogs (1) Where, in the opinion of and at the sole discretion of an Animal Control Officer, a dog meets the definition of a vicious dog, the Animal Control Officer may issue written notice to the owner of that dog advising the owner of the requirements of this bylaw with respect to vicious animals. (2) No person shall own, possess or harbor any vicious dog within the Village unless the dog is kept sufficiently secured so as to prevent it from endangering the safety of any person or other animal, including a person lawfully entering upon the premises where the animal is located. (3) Without limiting the generality of the foregoing, no person who owns, possesses or harbors a vicious dog shall permit or allow the dog to be on any highway, or any public place, or any place not owned or controlled by that person, unless the dog is firmly held by a person competent to restrain the dog on a leash not exceeding 1 m in length, and muzzled by a properly fitted humane device sufficient to prevent the dog from biting another animal or human. (4) Every owner of a vicious dog shall: (i) ensure that the dog is not at large within the Village at any time; (ii) post a clearly visible sign at all points of entry onto any premises where the dog is being kept, temporarily or permanently, warning that there is a vicious dog on the premises; (iii) at all times while the vicious dog is on the person's premises, keep the vicious dog securely confined indoors or confined outdoors in an 10 enclosed pen or other structure that is adequately constructed to prevent the entry of any unauthorized person including small children and to prevent the vicious dog from escaping; and (iv) within 30 calendar days of receiving notice from the Animal Control Officer that their dog is a vicious dog, ensure the dog has permanent identification in the form of a tattoo or microchip, and provide the identification information to the Animal Control officer. 12. Entry On to Property, Seizure and Impoundment of Animals (1) The Animal Control Officer or Bylaw Enforcement Officer is authorized in accordance with section 16 of the Community Charter to enter at all reasonable times upon private or public property, subject to the provisions of this Bylaw, in order to: (i) ascertain whether the provisions of this Bylaw are being obeyed; (ii) enforce any other provision of this Bylaw. (2) An Animal Control Officer or Bylaw Enforcement Officer may seize and impound any animal: (i) which is unlicensed, if there is a requirement that it be licensed; (ii) unlawfully at large on a highway or in a public place; (iii) straying or trespassing on private property; (iv) on unfenced land and not securely tethered or contained; or (v) that is subject to, or appears to be, suffering that the bylaw officer considers cannot be otherwise reasonably addressed. (3) When the Animal Control Officer is aware of the name and address of the owner of any licensed dog/cat or other animal impounded, he shall, within 24 hours of the impoundment or the first business day thereafter, attempt to notify the owner of the impoundment. (4) The Animal Control Officer must post a "Notice of Impoundment", containing a general description of the animal, both at the pound and either on the Village website or in a newspaper having circulation within the municipality. (5) Subject to the provisions of this Bylaw, the owner of any animal impounded under this Bylaw may reclaim the animal with proof of ownership, or written proof of authority to retrieve the animal on behalf of the owner, and upon payment of the following fees: a) In the case of such animal not licensed for the current calendar year, the prescribed licence fees as set out in Schedule "B" of the Village of Pouce Coupe Consolidated Municipal Fees and Charges Bylaw No. 1062, 2025; and b) All applicable pound fees for running at large, seizing, impounding and in custody care for such animals as set out in Schedule "B" of the Village of Pouce Coupe Consolidated Municipal Fees and Charges Bylaw No. 1062, 2025. BL1064 BL1064 11 (6) Except where the Animal Control Officer has made an application to the Provincial Court under s. 49(10) of the Community Charter for an order that a dangerous dog be destroyed, or has determined that the dangerous dog suffers from rabies or other incurable disease and is to be destroyed, the owner of a dangerous dog impounded pursuant to this Bylaw may reclaim such dangerous dog after the impounding period, at any time before its destruction, upon application to the Poundkeeper, upon proof of ownership of the dangerous dog, and upon payment of the fees prescribed by Section 12(5) of this Bylaw. (7) An Animal Control Officer or Bylaw Officer is hereby authorized to issue orders in writing to every person who owns, keeps, or has custody, care or control of an animal which is in contravention of this bylaw, and said person shall be responsible for the carrying out every requirement of every such order. 13. Disposition of Animals (1) If an animal, other than a dangerous dog, is not reclaimed within 96 hours after its impoundment, it becomes the property of the Village and the Animal Control Officer may, subject to the provisions of this Bylaw: (i) sell it on behalf of the Village, (ii) give it away, or (iii) put it to death in a humane manner. (2) A Bylaw Enforcement Officer may, at any time within his discretion, destroy any animal subject to suffering that the Bylaw Enforcement Officer considers cannot be otherwise reasonably addressed; an animal deemed to be vicious; or an animal in respect of which the prescribed fines, fees, and other charges are not paid within 96 hours following the seizure of the animal. 14. Kennels (1) No person shall keep, possess, or harbor more than two dogs within the Village unless such person has obtained a kennel licence under this Section. (2) A kennel within the Village may only be located: (i) On land which has been zoned Industrial; or (ii) On residential or agricultural parcels five (5) acres or larger. (3) No more than six dogs in total at any one time shall be owned or housed under the authority of a kennel licence. 15. Obstructing a Bylaw Enforcement Officer (1) Any person who in any way interferes, resists, or willfully obstructs a Bylaw Enforcement Officer, Animal Control Officer or any other person lawfully engaged in impounding any dog or carrying out any other duty pursuant to the provisions of this Bylaw, is guilty of an offence against this Bylaw. 12 16. Pound (1) The pound shall be a facility used for the housing of impounded animals, either owned by the Village or under service agreement to the Village. 17. Dog Defecate (1) No owner shall allow or suffer any dog to defecate on any public place, park or private property other than the property of the owner, unless the owner shall immediately take steps to remove such feces, and dispose of the same in a sanitary manner. PART IV - KEEPING HORSES 18. Locations and Requirements (1) A horse shall only be kept, housed, pastured on land within the Village that has been zoned Agricultural. (2) No person shall permit manure to accumulate on any parcel of land on which a horse is being kept pursuant to s. 18(1), except in a properly contained manner, such that runoff to public watercourses or onto adjacent properties does not occur. PART V - PENALTIES 19. Enforcement (1) This Bylaw may be enforced by means of a ticket in the form prescribed for the purpose of Section 264 (1) of the Community Charter. (2) Any person who: (i) contravenes any provision of this Bylaw; (ii) consents to, allows, or permits an act or thing to be done contrary to this Bylaw; (iii) neglects or refrains from doing anything required by a provision of this Bylaw; or (iv) refuses to obey a direction given by the Animal Control or Bylaw Enforcement Officer pursuant to this Bylaw; may be issued a ticket in the form prescribed for the purpose of Section 264(1) of the Community Charter, in the amount appearing in Column 3 of Schedule B to this Bylaw, or may be prosecuted under the Offence Act. (3) Any person who violates any provision of this Bylaw is liable, upon summary conviction, to a fine not exceeding $10,000.00. (4) The words or expressions set forth in Column 2 of Schedule B to this Bylaw designate the offence committed under the bylaw section number appearing in Column 1 opposite the respective words or expressions. 13 (5) The amounts appearing in Column 3 of Schedule B to this Bylaw are the fines set pursuant to Section 265 of the Community Charter for the corresponding offences designated in Column 2. (6) Where a person commits a second offence against any provision of this Bylaw in the same calendar year, he or she shall be liable to pay double the original specified penalty. (7) Where a person commits a third offence against any provision of this Bylaw, he or she shall be liable to pay three times the original specified penalty. READ A FIRST TIME this: 20th, day of June, 2018. READ A SECOND TIME this: 20th, day of June, 2018. READ A THIRD TIME this: 20th, day of June, 2018. ADOPTED this 18th, day of July, 2018. _____________________________ _________________________________ Lorraine Michetti Sandy Stokes Mayor Corporate Officer Certified a true copy of Animal Control & Licensing Bylaw No. 1005, 2018 As adopted by Council. ___________________________________ Sandy Stokes Corporate Officer 14 SCHEDULE "B" ANIMAL CONTROL AND LICENSING BYLAW No. 1005, 2018 SPECIFIED PENALTIES: Sec. Title: Fine: 4(1) Fail to obtain a dog licence $100.00 6(1) Fail to renew dog licence $100.00 6(2) Transfer dog licence without authorization $100.00 6(3) Fail to attach a dog licence $100.00 6(5) Remove a dog licence without authorization $100.00 8(1) Allow a dog to run at large $100.00 8(2) Fail to keep dog on leash/under control $100.00 9(1) Harbour a dog that disturbs/tends to disturb the peace $200.00 9(5,6) Non-compliance with no choke collar or choke chain permitted $100.00 8(1) Allow a female dog to be at large while in heat $200.00 10(1) Possess an unauthorized animal $200.00 11(2) Harbour a diseased or vicious animal $300.00 11(4) Allow vicious dog to be at large $300.00 11(3) Fail to muzzle and/or control a vicious dog $300.00 11(4) Fail to obey vicious dog condition/notice $300.00 14(1) Operate a kennel without a licence $100.00 14(3) Kennel house/own more than 6 dogs $100.00 15(1) Obstruct an Officer $400.00 17(1) Fail to remove dog feces $100.00 18(1) Possess unlawful horse within village $100.00 18(2) Permit manure to accumulate unlawfully $100.00 19(3) For a second offence under s. 4(1), 6(1)-(3)(5), 8(1)-(2), 9(5)(6), 14(1), 14(3), 18(1)(2) $200.00 19(3) For a second offence under s. 9(1), 8(1), 10(1), 11(4) $400.00 19(3) For a second offence under s. 11(2), 11(3)-(4) $600.00 19(3) For a second offence under s. 15(1) $800.00 19(4) For a third offence under s. s. 4(1), 6(1)-(4), 8(1)-(2), 9(5)(6), 14(1), 14(3), 18(1),19(1)(2) $300.00 19(4) For a third offence under s. 9(1), 8(1), 10(1) $600.00 19(4) For a third offence under s. 11(1), 11(3)-(4) $900.00 19(4) For a third offence under s. 15(1) $1200.00