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TOWN OF QUALICUM BEACH
BYLAW NO. 649, 2009
A Bylaw to regulate, prohibit, and impose requirements in relation
to animals in the Town of Qualicum Beach
WHEREAS Council of the Town of Qualicum Beach has the authority to regulate, prohibit,
and impose requirements in relation to animals;
NOW THEREFORE, Council, in open meeting assembled, enacts as follows:
Title
1.
This Bylaw may be cited for all purposes as the "Town of Qualicum Beach Animal Control
Bylaw No. 649, 2009".
Interpretation
In this Bylaw:
(a)
"Animal" means any domestic animal;
(b)
"Animal Control Officer" means any municipal employee, officer, agent or contractor
designated by Council to administer the provisions of this Bylaw, and includes a
bylaw enforcement officer and a peace officer;
(c)
"At large" means in or upon a highway or public place or in or upon the lands or
premises of any person other than the owner of the animal without the express or
implied consent of that person;
(d)
"Council" means the municipal Council of the Town;
(e)
"Dog" means any member of the canine species. irrespective of age or sex and
includes a hybrid with a domestic clog;
(f)
"Dwelling Unit" means a self-contained set of habitable rooms in a building, including
one set of cooking facilities;
(g)
"Keep" includes own, possess, harbour, or have care and control of;
(h)
"Kennel" means a place, building, or structure for the training, care, shelter, breeding
or boarding of four or more dogs, or five or more other animals, but does not include a
veterinary clinic;
"Livestock" means cattle, goats, horses, sheep, and swine;
"Off-Leash Area" means an area shown cross-hatched on the map attached as
Schedule "A";
"Owner" means any person
Town of Qualicum Beach
Animal Control Bylaw No. 649, 2009
Page 2 of 13
(i)
to whom a licence has been issued pursuant to this Bylaw; or
(ii)
who keeps an animal;
"Pound" means the facilities established by Council or the Poundkeeper from time to
time as the facilities to constitute the pound under this Bylaw;
(m)
"Poundkeeper" means any person appointed by Council as the Poundkeeper or any
agent or contractor who has entered into an agreement with the Town to assume the
responsibilities of the Poundkeeper pursuant to this Bylaw, and includes the deputy,
assistants and employees of the Poundkeeper:
(n)
"Public Beach" means that area between the high-water mark and the low-water mark
running parallel to the Strait of Georgia from the most westerly boundary of the Town
to the most easterly boundary of the Town;
(o)
"Town" means the Town of Qualicum Beach;
(p)
"Vicious Dog" means a clog that:
(i)
has killed or seriously injured a person or animal:
(ii)
has bitten, attacked or aggressively pursued a person or animal without
provocation;
(iii)
has a known propensity, tendency or disposition to attack animals or humans
without provocation;
(iv)
has been trained for, or is owned 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;
(q)
"Wild or Exotic Animal" means any animal listed in Schedule "B", attached hereto
and forming part of this Bylaw.
Dog Licences
3.
No person shall keep any dog over the age of 8 weeks in the Town unless a valid and
subsisting. licence tag for the current year has first been obtained for the dog under this Bylaw.
4.
Section 3 of this Bylaw does not apply to a dog that is kept in the Town for less than one
month in a calendar year and for which a valid and subsisting dog licence has been obtained
from another jurisdiction.
5.
An applicant for a licence under this Bylaw shall provide to the Town, or to the Town's agent
or contractor, the necessary information in the form required and shall pay the applicable
licence fee set out in Schedule "C" of Miscellaneous Rates Bylaw No. 638, 2009, as amended
from time to time. Subject to sections 29 and 30 of this Bylaw, upon provision of the
required information and payment of the prescribed fee, a numbered clog licence tag shall be
issued to the applicant.
Town of Qualicum Beach
Animal Control Bylaw No. 649, 2009
Page 3 of 13
6.
Every dog licence tag issued under this Bylaw shall expire on the 31' day of December in the
calendar year in which the licence is issued.
7.
The owner of a dog for which a licence tag has been issued under this Bylaw shall affix, and
keep affixed, the licence tag on the clog by a collar, harness, or other suitable device.
8.
The owner of a clog for which a licence tag has been issued under this Bylaw may obtain a
replacement licence tag upon satisfying the Town that the original licence tag has been lost or
stolen and upon payment of the replacement fee set out in Schedule "C" of Miscellaneous
Rates Bylaw No. 638, 2009, as amended from time to time.
9.
Every licence tag issued under this Bylaw is valid only in respect of the clog for which it was
issued, as described on the licence application, and is not transferable to another dog.
10.
In the event of a change in ownership of a dog for which a licence tag has been issued under
this Bylaw, the licence tag shall expire on the seventh day following the change in ownership
of the dog, and the new owner of the dog shall obtain a new licence tag for the dog.
Any person applying for a clog licence under section 10 of this Bylaw shall provide the
previous owner's licence tag, in addition to the fee set out in of Schedule "C" of
Miscellaneous Rates Bylaw No. 638, 2009, as amended from time to time.
12.
Where Miscellaneous Rates Bylaw No. 638, 2009, as amended from time to time, provides
for a reduced licence fee for a clog that is a guide animal, the owner may be required to
provide a certificate, issued in accordance with the Guide Animal Act (British Columbia),
indicating that the clog is a guide animal.
13.
Where Miscellaneous Rates Bylaw No. 638, 2009, as amended from time to time, provides
for a reduced licence fee for a dog that is neutered or spayed, the owner may be required to
provide a certificate from a qualified veterinarian indicating that the dog has been neutered or
spayed.
14.
Any dog owner who has paid the annual licence fee for an unncutcred or unspayed dog shall,
upon providing to the Town a certificate from a veterinarian that the dog has been spayed or
neutered, be granted a rebate of part of the fee. If the certificate is provided to the Town
before July 1 of the annual licence year, the rebate shall be $20.00. If the certificate is
provided after July 1 of the annual licence year, the rebate shall be $12.50.
15.
Other than the refund provided for under section 14, all fees payable under this Bylaw and
Schedule "C" of Miscellaneous Rates Bylaw No. 638, 2009, as amended, are non-refundable.
Kennel Licences
16.
No person shall operate a kennel in the Town unless a valid and subsisting licence for the
current year has first been obtained for the kennel under this Bylaw.
17.
An application for a kennel licence under this Bylaw shall be in the form required by the
Town and shall be accompanied by the licence fee set out in Schedule "C" of Miscellaneous
Rates Bylaw No. 638, 2009, as amended from time to time.
Town of Qualicum Beach
Animal Control Bylaw No. 649, 2009
Page 4 of 13
18.
Every kennel licence issued under this Bylaw shall expire on the 31 st day of December in the
calendar year in which the licence is issued.
19.
No owner or operator of a kennel shall keep, or permit to be kept, more animals than the
number of animals in respect of which a kennel licence fee has been paid.
Ken -el Operations
20.
Every kennel shall consist of a fully-enclosed building and facilities constructed. installed and
maintained in accordance with the following provisions:
(a)
every cage or pen must be of sufficient size and height to allow each animal kept
therein to turn about freely, stand, sit, and lie in a normal position:
(b)
there shall be an outdoor exercise area large enough to allow each animal being kept
to break into a trot:
(c)
the building shall be constructed and maintained so as to allow natural light and
ventilation to be introduced into the interior of the building by windows, skylights or a
combination thereof;
(d)
the building shall be equipped with a heating system capable of maintaining an indoor
temperature between 18 C and 27 C;
(e)
the building shall be equipped with a ventilation system capable of providing interior
air changes with exterior air of not less than 10 changes per hour; and
(0
the building and facilities shall be constructed and maintained so as to prevent the
escape of any animal being kept.
21.
No owner or operator of a kennel shall cause or permit:
(a)
inure than one animal to be kept in a cage or pen unless the cage or pen is of sufficient
size and height to permit each animal kept therein to move freely and easily;
(b)
female animals in heat to be kept in cages or pens with male animals;
(c)
animals exhibiting vicious behaviour or dominance aggression to be kept with other
animals;
(d)
animals under the age of 4 months of age to be kept with adult animals other than their
dams; and
(e)
animals under treatment for a communicable disease or suspected of harbouring a
communicable disease to be kept with other animals.
Every owner or operator of a kennel shall at least once daily clean and sanitize the kennel of
animal excrement.
Town of Qualicum Beach
Animal Control Bylaw No. 649, 2009
Page 5 of 13
Control of Dogs
23.
No owner of a dog shall permit the dog to be running at large in the Town unless the dog is
kept on a leash, tether or other suitable device that is of sufficient strength to restrain a dog
without breaking, and is under the immediate care and control of a competent person.
24.
Section 23 does not apply i f the dog is under the control of a competent person and is:
(a)
actively involved in a dog show, dog trial or other similar activity;
(b)
used in connection with police operations or security services; or
(c)
within a designated off-leash area.
25.
The owner of a dog shall, at all times when the dog is on the owner's property, keep the dog
securely tethered or contained so as to prevent the dog escaping from the owner's property.
26.
No owner of a clog shall permit the dog to howl or bark when such howling or barking
disturbs or is liable to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of
individuals or the public.
2 7.
The owner of a female dog in heat shall, at all times when the dog is in heat, keep the dog
securely confined within a building or enclosure capable of preventing the clog's escape and
the entry of other dogs.
2 8.
No owner of a dog shall permit the clog to be:
(a)
within those portions of the Qualicum Beach Airport contained within the security
fence/gate unless authorized by the Airport Manager;
(b)
on playing fields in the Community Park;
(c)
on a public beach between March 1 and April 30 in each year to coincide with the
annual Brant migration.
29.
No person shall keep, or permit the keeping of, more than three clogs apparently over the age
of three months in a dwelling unit, or on the land surrounding a dwelling unit, in the Town at
any one time, except in the lawful operation of a kennel or veterinary clinic.
30.
Notwithstanding section 29, if, immediately prior to adoption of this bylaw, a person is
keeping more than three licensed dogs over the age of three months in a dwelling unit, that
person may, subject to the licensing requirements contained in this Bylaw, continue to keep
such clogs for the duration of their lifetime, but such person may not keep or permit the
keeping of any additional dogs in that dwelling unit.
Con t rot of other n in a Is
3 1 .
No owner of an animal shall permit, sutler or allow such animal to be at large in the Town.
32.
Section 31 does not apply to a horse being ridden or a horse that is on a harness, so long as
that horse is under the immediate care and control of a competent person.
Town of Qualicum Beach
Animal Control Bylaw No. 649, 2009
Page 6 of 13
33.
Notwithstanding the aforementioned, no ow ncr of a horse shall permit the horse to be on a
public beach between May 15 and September 30 of each year.
Control of Vicious Dogs
34.
No owner of a vicious dog shall permit the dog to be running at large in the Town unless the
dog is kept on a leash. tether or othcr suitable device not exceeding two metres in length. is
securely muzzled so as to prevent the dog from biting a person or animal. and is under the
immediate care and control of' a competent person.
35.
The owner of a vicious dog shall, at all times when the dog is on the owner's property, keep
the dog securely confined within a building or enclosure located no less than one metre from
the property line and capable of preventing the dog's escape and the entry of children under
the age of 12 years old.
36.
The owner of a vicious dog shall, at ail times when the dog is on the owner's property, post a
sign at the entrance to where the dog is kept warning, in writing as well as with a symbol, that
there is a vicious dog on the property.
37.
The owner of a vicious clog shall:
(a)
within two working days of selling or giving away the dog, provide the Town with the
name, address and telephone number of a new owner;
(b)
advise the Town within two working days of the death ()I' the dog and provide a
veterinarian's certificate of death; and
(c)
immediately advise the Town ilthe dog is loose or has bitten or attacked any person
or farm animal.
Control of Cats
38.
No person shall keep or permit the keeping of more than four cats apparently over the age of
four months in any dwelling unit, or on the land surrounding a dwelling unit, in the Town at
any one time, except in the lawful operation of a kennel or veterinary clinic.
39.
The owner of a female cat in heat shall, at all times when the cat is in heat, keep the cat
securely confined within a building or enclosure capable of preventing the cat's escape and
the entry of other cats.
Control of Animals Generally
40.
No person shall permit any livestock to be running at large in the Town unless under the
immediate care and control of a competent person.
41.
Where an animal defecates on a highway, public place or lands of any person other than the
owner of the animal. the person having care. custody, or control of the animal shall
immediately remove the excrement and dispose of it in a sanitary manner.
Town of Qualicum Beach
Animal Control Bylaw No. 649, 2009
Page 7 of 13
42.
Section 41 does not apply to a person with a disability accompanied by a guide animal. as
defined in the Guide Animal Act (British Columbia), or to an on-duty police officer
accompanied by a police dog.
43.
No person shall keep an animal suffering from an infectious or contagious disease on any
parcel of land in the Town 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 that disease.
44.
No person other than the owner of an animal shall remove any form of identification on or
affixed to the animal.
45.
No person shall keep any Wild or Exotic Animal anywhere in the Town.
Prohibition if Cruelty to
II in' a Is
46.
No person shall keep any animal in the Town unless the animal is provided with:
(a)
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:
(b)
sanitary food and water receptacles;
(c)
the opportunity for periodic exercise sufficient to maintain the animal's good health;
(d)
clean bedding material and an area maintained at a temperature warm and dry enough
to prevent the animal from suffering discomfort: and
(e)
the necessary veterinarian care when the animal exhibits signs of pain, suffering, or
disease.
47.
No person shall keep any animal outside for more than 3 hours in any day unless the animal is
provided with a shelter that allows the animal to move freely, and stand. sit or lie in a position
that:
(a)
protects the animal from heat, cold and wetness; and
(b)
is shaded.
48.
No person shall keep any animal confined in an enclosed space, including a motor vehicle,
without sufficient ventilation to prevent the animal from suffering discomfort, heat stroke or
injury.
49.
No person shall 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.
50.
No person shall keep any animal hitched, tied or fastened to a fixed object as the primary
means of continemeilt for an extended period of time.
Town of Qualicum Beach
Animal Control Bylaw No. 649, 2009
Page 8 of 13
Seizure and Impoundment
51.
An Animal Control Officer may seize and impound:
(a)
any clog that has not been licenced in accordance with this Bylaw;
(b)
any animal unlawililly at large in the Town contrary to this Bylaw; and
(c)
any dog on unfenced land and not securely tethered or contained.
5").
An Animal Control Officer shall immediately convey any animal seized and liable to
impoundment under this Bylaw to the Pound.
53.
No person shall hinder, delay, or obstruct in any manner, directly or indirectly, an Animal
Control Officer engaged in driving, loading or carrying to the Pound any animal liable to
seizure and impoundment pursuant to this Bylaw.
54.
The Poundkeeper may, upon delivery of an animal to the Pound by a member of the public,
deal with that animal in the same manner as other animals delivered to the Pound pursuant to
this Bylaw.
55.
Where the owner of an animal which has been seized and impounded under this Bylaw is
known to, or can be identified by, the Animal Control Officer, the Animal Control Officer
shall notify the owner, by telephone or by mail addressed to the last known address of the
owner, of the Ikt that the animal has been seized and impounded under this Bylaw and that
the animal will be sold, destroyed or otherwise disposed of by the Town after the expiration
of 72 hours from the date the notice was received by the owner unless. in the meantime, the
animal is reclaimed. For the purpose of this Bylaw, notice by mail shall be deemed to be
received by the owner after expiration of three days from the date the notice was mailed and
notice by voicemail shall be deemed to be received by the owner the day notice is left on the
owner's voicemail.
56.
Where the owner of an animal which has been seized and impounded under this Bylaw is not
known to, and cannot be identified by the Animal Control Officer, the Animal Control Officer
shall cause notice of the seizure and impoundment to be posted on the public notice board at
the Town Hall and the pound. Such notice shall set out particulars of the impounded animal,
the date of seizure and impoundment of the animal, and that the animal will be sold,
destroyed, or otherwise disposed of by the Town after the expiration of 72 hours from the date
of the notice unless, in the meantime, the animal is reclaimed.
57.
An owner of an animal seized and impounded under this Bylaw, or any person authorized in
writing on the owner's behalf, may redeem the impounded animal at any time prior to its sale,
destruction, or disposal under this Bylaw upon:
(a)
delivery to the Poundkeeper of evidence satisfactory to the Poundkeeper of ownership
of the impounded animal;
(b)
payment of the penalty and fees, costs, and charges incurred in respect of the seizure
and impoundment of the animal as set out in Schedule "C" of Miscellaneous Rates
Bylaw No. 638, 2009, as amended from time to time;
Town of Qualicum Beach
Animal Control Bylaw No. 649, 2009
Page 9 of 13
(c)
payment of the requisite licence lee if the impounded animal is required to be licenced
pursuant to this Bylaw and is not licenced, and provision of the necessary information
for a dog licence application in the form required by the Town; and
(d)
completion of an acknowledgement of animal redemption in the form required by the
'IoNV11.
58.
Any lines, impound fees, and other costs imposed by this Bylaw are payable by the owner of
an animal, regardless of whether the animal is reclaimed by the owner.
59.
Where an animal that has been seized and impounded under this Bylaw has not been
redeemed, the Poundkeeper may, after the expiration of the notice periods established under
this Bylaw, offer the impounded animal for sale or adoption.
60.
Where the Poundkeeper is unable or considers it undesirable to effect the sale or adoption of
an animal that has been seized and impounded under this Bylaw, or where an impounded
animal has been offered for sale or adoption but has not been sold or adopted. the
Poundkeeper may humanely euthanize or otherwise dispose of the animal.
61.
An Animal Control Officer may seize any animal that he or she considers is suffering from an
incurable disease or life threatening injury and destroy that animal upon certification of the
animal's condition by a licensed veterinarian.
V.
No person shall break open or in any manner directly or indirectly aid or assist in breaking.
open the Pound.
63.
No person shall enter the Pound without the permission of the Poundkeeper.
64.
No person shall take or release any animal from the Pound without the consent of the
Poundkeeper.
1)utics of Poundlicener
65.
The Poundkeeper shall maintain records which include:
(a)
a description of every animal seized and impounded under this Bylaw. including a
dog's licence number, i 1 - any, and the date and time each animal was received by the
pound;
(b)
the name of the person or persons taking or sending any animal to be impounded;
(c)
the date and time each animal impounded was redeemed, sold, destroyed, or otherwise
disposed of by the Poundkeeper:
(d)
the name of every person redeeming any animal and the amount paid by such person:
(e)
the name of every person purchasing any impounded animal and the amount paid by
such person: and
(0
the amount of impoundment and maintenance fees, costs, and charges connected with
each impounded animal.
(./tr
Trud Coates orporate Administrator
Tennis Westbroek, Mayor
Town of Qualicum Beach
Animal Control Bylaw No. 649, 2009
Page 10 of 13
Inspection
66.
An Animal Control Officer may enter on any property at any reasonable time for the purpose
of ascertaining whether the regulations and requirements of this Bylaw are being observed.
No Interference
67.
No person shall hinder, delay, obstruct or interfere with in any manner, directly or indirectly,
an Animal Control Officer in the performance of the duties and powers of an Animal Control
Officer under this Bylaw.
Of fences and Penalties
68.
Any person who contravenes any provision of this Bylaw is guilty of an offence and liable
upon summary conviction to a fine not exceeding $10,000 and the cost of prosecution. Every
day that a violation continues to exist is deemed to be a separate offence.
69.
This Bylaw is enforceable by way of a Municipal Ticket Information pursuant to Town of
Qualicum Beach Municipal Ticket Information Utilization Bylaw No. 626, 2004, as amended
from tulle to time.
Severabilitv
70.
If any section or lesser portion of this Bylaw is held to be invalid by a Court, such invalidity
shall not affect the remaining portions of the Bylaw.
Rental
71.
1 he Town of Qualicum Beach Animal Control and Dog Control. Licence and Pound Bylaw
No. 407.06, 2002 is hereby repealed and replaced by this Bylaw.
READ A FIRST TIME this 7' 1' day of December, 2009.
READ A SECOND TIME this 27' 1' clay of January, 2010.
READ A THIRD TIME this 8 t1i day of February, 2010.
ADOPTED this 8t1,
of March, 2010.
E-LEASH PERMITTED IN HATCHED AREA
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Town of Oualicum Beach
Animal Control Bylaw No. 649, 2009
Page 11 of 13
Town of Clualicum Beach
Animal Control Bylaw No. 649, 2009
Page 13 of 13
SCHEDULE "13"
Bylaw No. 649, 2009
WILD OR EXOTIC ANIMALS
The following list of animals constitutes "wild or exotic animals" for the purposes of this Bylaw. The list
includes all such animals whether bred in the wild or in captivity and also includes their hybrids with
domestic species. The words in parentheses are intended to act as examples only and are not to be construed
as limiting the generality of the group.
1.
Non-human primates (such as gorillas and monkeys)
2.
Felids, except the domestic cat
3.
Canids, except the domestic dog
4.
Ursidae (bears)
5.
Elephants
6.
Pinnipeds (such as seals and walruses)
7.
Crododilians (such as alligators and crocodiles)
8.
Marsupials (such as kangaroos and opossums)
9.
Snakes and Venomous reptiles, amphibians and Arachnids
10.
Ungulates, except domestic goats, sheep, pigs, cattle, horse, mule and donkey
1 I .
Hyaenas
12.
Mustelidae (such as skunks, weasels, otters and badgers)
13.
Procyonids (such as raccoons and coatis)
14.
Edentates (such as anteaters, sloths and armadillos)
15.
Viverrids (such as mongooses, civets and genets)
16,
Cetaceans (such as whales, porpoises and dolphins)
17.
Struthioniformes, Rhsiformes and Casauriformes (Ostriches, Rheas and Cassowaries)
18.
Falconiformes (such as hawks, falcons and eagles)
19.
Striaifonnes (such as owls)
20.
Rodentia, except the hamster, guinea pig, domestic rat and mouse
2 I .
Chiroptera (bats)
22.
Lactomorphs, except the domestic rabbit