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Page 1
TOWN OF PRINCETON
WILDLIFE ATTRACTANT BYLAW NO.985, 2020
WHEREAS Council for the Town of Princeton deems it advisable to enact a bylaw
to store and secure refuse and food sources securely so as to discourage and
prevent wildlife from accessing and becoming conditioned to or dependent on food
sources generated or controlled by human activity.
NOW THEREFORE Council for the Town of Princeton enacts as follows:
CITATION
1. This bylaw may be cited as the "Town of Princeton Wildlife Attractant Bylaw
No.985, 2020".
INTERPRETATION
2. In this bylaw:
"animal" means domestic animals, birds, mammals and, without
limitation, wildlife;
"animal attractant" means any substance or material, with or without an
odour, which attracts or is likely to attract animals; and without limitation
includes food or other edible products, whether intended for humans,
animals, or birds, grease, oil, antifreeze, paint, petroleum products, and
compost other than grass clippings, leaves or branches;
"bees" mean any insect of the species apis mellifera;
"beehive" means a structure which houses a colony of worker bees with a
queen and drones;
"cable" metal wire fiber drawn out to form a thin flexible strands which is then
twisted with multiple strands to form a flexible rope;
"commercial refuse container" means a metal receptacle that is designed
or intended to dispose of waste by automated means;
"coop" means a covered enclosed structure to shelter hens;
"hen" means a domesticated female chicken that is at least four (4) months
old;
Town of Princeton Wildlife Attractant Bylaw No.985, 2020"
Page 2
"Town Official" means the official or officials appointed by the Town Council to
administer and enforce the provisions of this Bylaw and may include a Chief
Administrative Officer, Building Inspector, and Bylaw Enforcement Officer;
"refuse" means any discarded or abandoned food, substance, material, or
object, whether from domestic, commercial, industrial, institutional or other
use;
"pen" means a fully enclosed outdoor space intended to keep domesticated
animals;
"special event" means a temporary, outdoor gathering; a sporting event; a
wedding; or a convention, catering, parade, public display, festival or other
gathering;
"Town" means the Town of Princeton;
"wildlife" includes the family Cervidae (deer), family Ursidae (bear), Order
Carnivora (cougar, bobcat, lynx), Genus Canis (coyote or wolf); ferial
animals, and Order Rodentia (rodents) and family corvidae (ravens, crows,
jays and magpie);
"wildlife resistant container" means a refuse container that is sufficient to
accommodate normal uses of the property, is designed to discourage and
prevent access by wildlife, and:
(a) has a sturdy cover capable of being completely closed and secured
with a latching device; and
(b) if intended for use other than residential, is made of metal and is
self-latching.
"wildlife resistant enclosure" means a fully enclosed structure having four
enclosed sides, a roof, doors and a latching device, designed to discourage
and prevent access by wildlife;
"Zoning Bylaw" means the Town of Princeton Zoning Bylaw as amended
from time to time.
TREATMENT OF REFUSE
3. Except as permitted in this bylaw, a person must not store any refuse that is
an animal attractant in such a manner that it is accessible to wildlife.
4. Without limiting section 3, a person must not leave, place or store
outdoors any refuse that is an animal attractant except:
(a) in a wildlife resistant container;
Town of Princeton Wildlife Attractant Bylaw No.985, 2020"
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(b) in a container enclosed within a wildlife resistant enclosure that
meets the criteria established in Schedule A; or
(c) in a commercial refuse container that meets the criteria
established in Schedule B.
5. a person must not place refuse on the Street, Avenue or Boulevard on:
(a) the day before the day that is designated by the Town for refuse
collection;
(b) the designated day of collection before 5 a.m.;
6. The requirements of Sections 3 and 4 do not apply with respect to a parcel
of real property:
(a) during a special event on the real property refuse that is generated by
that event:
(i) If kept in wildlife resistant containers;
(ii) If kept in wildlife resistant containers that are sufficient in size
and number for that event; and
(iii) If containers are emptied into commercial refuse container
that meets the criteria established in Schedule B
within 2hrs after the daily closing time of the special event.
7. Every owner and occupier of real property must ensure that a wildlife resistant
container, a wildlife resistant enclosure, or a commercial refuse container
located on the property:
(a) is of a size that is suitable for the amount of refuse generated;
(b) is kept and maintained in a clean and sanitary condition;
(c) is capable to be closed and in a secure manner to prevent wildlife
access when refuse is not being deposited or emptied;
(d) is kept and maintained in a serviceable, working condition and in
accordance with the criteria set out in Schedule A or B as
applicable.
8. If a wildlife resistant container, a wildlife resistant enclosure or a commercial
refuse container is damaged, the owner or occupier of the real property on
which it is located must ensure that it is repaired within five (5) business days
of the damage occurring. In circumstances of adverse weather or delivery
conditions, strikes, material or labour shortages, or similar hardship beyond
the control of the owner or occupier, the five (5) day period may be extended
by the Town Official in writing and in accordance with any specified time limits,
conditions or requirements that the Town Official may determine as being
appropriate and necessary in the circumstances.
Town of Princeton Wildlife Attractant Bylaw No.985, 2020"
Page 4
GENERAL REQUIREMENTS
9. A person must not feed wildlife and must not feed animals in a manner that is
likely to attract wildlife.
10. Every owner and occupier of real property must ensure that:
(a) fruit or nuts must not be left to mature on an untended or neglected cultivated
species, ornamental species or native species of fruit bearing plant;
(b)
all fruit or nuts that have fallen from a cultivated species, ornamental
species or native species of fruit bearing plant is removed from the ground
within three (3) days;
(c)
if fruit or nuts are stored outdoors it must be in a wildlife resistant
container or wildlife resistant enclosure for not more than three (3) days;
(d)
any bird feeder containing bird feed, suet or nectar is suspended on a
cable in such a manner that :
(i) it is inaccessible to wildlife;
(ii) the area below all bird feeding devices are to be kept clean and
free of animal attractants;
(e)
any composting activity is carried out and any composting device
or equipment is maintained in such a manner so as not to attract
wildlife;
(f)
any outdoor cooking appliance, fire pit and barbecue including equipment and
tools that remain out doors must be clean and free of residual food, grease or
odor in a manner that is unlikely to attract wildlife;
(g)
any refrigerator, freezer, storage container or similar appliance, device or
apparatus that contains animal attractants of any type, if placed or
located outdoors, is located and equipped in such a manner that it is
inaccessible to wildlife;
(h)
any petroleum based, oil, grease, antifreeze, paint is stored in such a
manner that it is inaccessible to wildlife;
(i)
any bees and beehives are kept in such a manner so as not to attract
wildlife and situated according to the Zoning Bylaw;
(j)
any bees and beehives are kept in such a manner so that they are
reasonably inaccessible to wildlife. Beehives must be enclosed by
fencing and situated according to the Zoning Bylaw;
(k)
any hens are kept in such a manner so as not to attract wildlife and
situated according to the Zoning Bylaw;
Town of Princeton Wildlife Attractant Bylaw No.985, 2020"
Page 5
(l)
any coops, and pens are kept in such a manner so that they are
reasonably inaccessible to wildlife. Coops and pens must be enclosed
by fencing and situated according to the Zoning Bylaw.
11. Without limiting any other provision of this bylaw, any person responsible for
a site and every owner and or occupier of real property that is used for
commercial use, public use or private use, event or function must ensure that
any animal or wildlife attractants are disposed of in a designated wildlife
resistant container that is located on that site for that purpose.
ENTRY & INSPECTION
12. A Town Official may enter onto any property in accordance with section 16 of
the Community Charter, to inspect and determine whether this bylaw is being
met.
Where a Town Official believes that, as a result of a breach of this bylaw,
wildlife is located on or near the property and has endangered or harmed a
person, or presents an imminent threat to the safety of any person, the officer
may take steps to prevent, avert, reduce or mitigate the harm or threat or
provide assistance. In so doing, the officer may seek the assistance of a
conservation officer appointed under the Wildlife Act, R.S.B.C. 1996, c. 488,
or a police officer, as may be reasonable or necessary in the circumstances.
13. A person must not obstruct or interfere with a Town Official who has entered
onto property pursuant to section 12, or other person assisting the Town
Official.
OFFENCE, PENALTY & ENFORCEMENT
14. Any person who contravenes or violates any portion of this bylaw, who fails or
omits to do anything required under this bylaw, or who permits, suffers or
allows any act or thing to be done or omitted to be done in contravention or
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.
15. Upon being convicted of an offence under this bylaw, a person shall be liable
to pay a fine of not more than $10,000.
(a)
The offences identified in Column 1 of Schedule "C" may be enforced by
issuance of a ticket under s. 264 of the Community Charter, in which
case the fine amounts identified in Column 3 of Schedule "C" apply.
Town of Princeton Wildlife Attractant Bylaw No.985, 2020"
Page 6
(b)
The following persons are designated as Town Official under section
264(1)(b) of the Community Charter for enforcing the offences in
Schedule "C": building officials, fire inspectors and persons designated
by Council as bylaw enforcement officers.
(c)
The words or expressions set forth in Column 1 of Schedule "C" are
authorized pursuant to s. 264(1)(c) of the Community Charter to
designate the offence committed under the bylaw section number
appearing in Column 2 opposite the respective words or expressions.
SCHEDULES
16. Schedules "A", "B" and "C" are attached hereto and form part of this bylaw.
SEVERABILITY
17. If any portion of this bylaw is held to be invalid by a court of competent
jurisdiction, the invalid portion may be severed and such invalidity shall not
affect the validity of the remaining portions of this bylaw.
REPEAL
18. This bylaw repeals and replaces the "Town of Princeton Deer Feeding Bylaw
No. 822, 2009".
READ A FIRST TIME this 6th day of April 2020.
READ A SECOND TIME this day 6th of April 2020.
READ A THIRD TIME 6th day of April 2020.
ADOPTED this 20th day of April 2020.
Mayor Spencer Coyne
CAO Lyle Thomas
Original signed by Mayor Coyne
Original signed by CAO Thomas
Town of Princeton Wildlife Attractant Bylaw No.985, 2020"
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SCHEDULE "A"
Wildlife Resistant Enclosures
The following criteria apply to a wildlife resistant enclosure:
1. The structure must be of sufficient size to allow for placement of containers
for refuse and recycling, and for removal and emptying of those containers.
2. The foundation must be a concrete up stand of at least 600mm with a
100mm reinforced concrete slab on compacted gravel fill.
3. The structure must include a floor drain to sanitary in accordance with the
British Columbia Building Code.
4. The exterior of the structure must be made of split face block or hardy plank
nailed to ¾ inch plywood backing with 3 ¼ inch nails, in accordance with the
British Columbia Building Code for wood-frame construction, and with a
minimum gap between sheets and a minimum gap between door and
foundation.
5. The structure must include two separate entrances, one for personnel to
enter and exit, and one service door.
6. Both doors must be installed with a minimum gap on tracks and latches on
both sides and must close tightly to prevent access by wildlife.
7. The service door must be constructed of heavy duty commercial grade steel
and be a garage door style with no latches or opening mechanisms located
on the exterior. The bottom of the service door must have slide bolts on each
side.
8. Personnel doors must be constructed of 18-gauge steel, open outwards,
have a reinforced window, a self-closing device, and a lever opening on the
interior. The exterior doorknob must be of such design that is accessible to
persons with disabilities, in accordance with the British Columbia Building
Code, and resistant to interference by wildlife.
9. Enclosures must have both interior lighting and motion activated exterior
lighting, and wildlife resistant venting located either on the roof or in the top
of the wall near the roof.
A structure that is of substantially similar design, and being of equivalent or
superior strength and resistance to interference or access by wildlife, as
approved by the Building Inspector for the Town, may be employed as an
alternative to the criteria set out above.
Bumpers may be placed on door openings to prevent damage to building
when the doors are opened.
Town of Princeton Wildlife Attractant Bylaw No.985, 2020"
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SCHEDULE "B"
Commercial Refuse Container
The following criteria applies to a commercial refuse container:
1. The lid or lids, and any man doors, must close tightly to prevent
access by wildlife.
2. The lid or lids, and any man doors, must be:
a) self-closing; or
b) self-latching; or
c) capable of being completely closed and secured with a
latching device.
3. The latches for the lid or lids and bag removal must be such that
wildlife will be unlikely to reach the latch trigger mechanism.
4. Hinges and latches for lids must be sufficiently strong, and sufficiently
affixed to the container, that they cannot be pried open by wildlife. As
a guideline, a lid that can be dismantled using a crowbar is not
sufficient.
5. The container must be sufficiently stable or capable of being so
anchored as to prevent tipping by wildlife.
6. Container material must be of sufficient strength to prevent wildlife
from chewing, battering or crushing the container.
Town of Princeton Wildlife Attractant Bylaw No.985, 2020"
Page 9
SCHEDULE "C"
OFFENCE, PENALTY & ENFORCEMENT
Offence
Column 1
Bylaw Section No.
Column 2
Fine
Column 3
Refuse accessible to wildlife
3
$200.00
Failure to store refuse in required container
or enclosure
4 (a) (b) (c)
$200.00
Place refuse day before
5 (a)
$200.00
Place refuse before 5 a.m.
5 (b)
$200.00
Unsuitable enclosure or container
7 (a)
$200.00
Failure to maintain in a sanitary condition
7 (b)
$200.00
Failure to secure enclosure or container
7 (c)
$200.00
Failure to maintained in a serviceable
condition
7(d)
$200.00
Failure to repair promptly
8
$200.00
Feeding or attracting wildlife
9
$500.00
Failure to remove fruit
10 (a) (b) (c)
$200.00
Bird feeder accessible to wildlife
10 (d) (i) (ii)
$150.00
Compost accessible to wildlife
10(e)
$150.00
Outdoor cooking appliance accessible to
wildlife
10(f)
$150.00
Outdoor food storage accessible to wildlife
10(g)
$500.00
Chemical material accessible to wildlife
10(h)
$400.00
Wildlife attracted to bees or beehives
10(i)
$200.00
Bees or beehives accessible to wildlife
10(j)
$200.00
Wildlife attracted to hens
10(k)
$200.00
Coops or pens accessible to wildlife
10(l)
$200.00
Improperly dispose of refuse
11
$400.00