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THE CORPORATION OF THE CITY OF ROSSLAND
BYLAW NO. 2816
A BYLAW TO REGULATE REFUSE AND OTHER WILDLIFE ATTRACTANTS
WHEREAS the Community Charter authorizes the City of Rossland to enact a bylaw to regulate the
security, storage and management of wildlife attractants, in order to discourage and prevent wildlife
from accessing food sources generated or controlled by human activity in order to minimize human
wildlife interactions, to the greatest extent possible, and help wildlife populations thrive in the wild.
NOW THEREFORE, the Council of the City of Rossland, in open meeting assembled ENACTS AS FOLLOWS:
PART 1-TITLE
1.
This bylaw may be cited as "The City of Rossland Wildlife Attractant Control Bylaw No. 2816, 2023"
PART 2 - INTERPRETATION
2.
For the purposes of this bylaw, the following words and expressions are defined:
a) "Attractant" includes any substance which could reasonably be expected to, or does, attract
Wildlife, including but not limited to food products, food containers, pet and bird food, seeds,
restaurant grease, game meat, carcasses, animal waste products, uncollected fruit, garbage,
organic waste, barbecues, grills, and related equipment, diapers, grease barrels, petroleum
products, antifreeze, other chemical products and any other substance or thing prescribed by
the Wildlife Act.
b) "Bylaw Enforcement Officer" means a person appointed by the Council to enforce the bylaws of
the City of Rossland;
c)
"Commercial Refuse Container" means a metal receptacle that is designed or intended to
dispose of waste by automated means, is bear-resistant, and meets the criteria established in
Schedule A;
d) "Composting" means a technique used to promote the decomposition of organic matter;
e) "Critter-Resistant Bin" means the same as a "Wildlife Resistant Container as defined in this
bylaw;
f)
"Feed" means providing, leaving or placing in, on or about land or premises, food, food waste or
any other substance that could be considered a Wildlife Attractant;
g) "Large Carnivore" means a bear, cougar, coyote, or wolf;
h) "Refuse" means any discarded or abandoned food, compostable materials (as accepted by the
Regional District of Kootenay Boundary Green Bin Organics Program), substance, recycling,
material, or object, whether from domestic, commercial, industrial, institutional, or other use;
i)
"Remedial Action" may include, but is not limited to, removal of any Wildlife Attractant, Refuse,
bird feeder, fruit, nuts, pet food, cooking grills or any other real or potential Wildlife Attractant;
2816 - Wildlife Attractant Control Bylaw, 2023
Page 1 of 7
THE CORPORATION OF THE CITY OF ROSSLAND
BYLAW NO. 2816
A BYLAW TO REGULATE REFUSE AND OTHER WILDLIFE ATTRACTANTS
j)
"Special Event" means a temporary, outdoor gathering; a sporting event; a wedding; or a
convention, parade, public display, festival or similar gathering;
k)
"Wildlife" means all birds (Aves), mammals and without limitation, Large Carnivores;
I)
"Wildlife Attractant" means any substance, material or animal, with or without an odour, which
attracts or is likely to attract Wildlife; and without limitation includes Refuse, recycling, 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.
m) "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 has a
sturdy cover capable of being completely closed and secured with a locking device;
n) "Wildlife Resistant Enclosure" means a fully enclosed structure with no more than a 1 cm gap or
opening at any location, containing four walls, a roof, and door(s) capable of being securely
latched and of sufficient strength and design to prevent access by Wildlife.
PART 3 - STORAGE OF REFUSE
3.1
Except as permitted in this bylaw, a person must not cause or allow any Refuse that is a Wildlife
Attractant to be stored, deposited or placed on any parcel or highway within the City of Rossland
in such a manner that it is accessible to Wildlife.
3.2
Without limiting Part 3 of this Bylaw, a person must not store, deposit or place outdoors any
Refuse that is a Wildlife Attractant except:
i.
in a Critter-Proof/Wildlife-Resistant Container;
ii.
in a Commercial Refuse Container;
iii.
in a container enclosed within a Wildlife-Resistant Enclosure.
3.3
Without limiting any other provisions of this bylaw, any person responsible for a site that is used
for a Special Event, filming, a catered event, or a construction site must ensure that any Wildlife
Attractant is disposed of in a designated Wildlife Resistant Container, Commercial Refuse
Container or Wildlife Resistant Enclosure.
PART 4- REFUSE COLLECTION DAV
4.1
Every owner or occupier of real property must ensure that any refuse container be:
i.
set out for collection only on the designated day of collection between 5:00 am and 7:00
pm;
ii.
removed from the collection location by 7:00 pm on the designated day of collection;
and
iii.
stored within a Wildlife-Resistant Enclosure; or,
iv.
in a manner inaccessible to wildlife until the next collection day.
2816-Wildlife Attractant Control Bylaw, 2023
Page 2 of 7
THE CORPORATION OF THE CITY OF ROSSLAND
BYLAW NO. 2816
A BYLAW TO REGULATE REFUSE AND OTHER WILDLIFE ATTRACTANTS
4.2
Every owner or occupier of real property must ensure that any Refuse container not emptied or
collected on a scheduled collection day be:
i.
removed from the collection area by 7:00 pm, on the same day; and
ii.
stored in a manner inaccessible to wildlife until the next collection day or as otherwise
directed.
4.3
Every owner or occupier of real property must ensure that any Refuse container, Wildlife-
Resistant Container, or Commercial Refuse Container, located on the property is of a size that is
suitable for the amount of Refuse generated and is kept and maintained:
i.
in a closed and locked manner when Refuse is not being deposited or emptied; and
ii.
in a good, workable condition and in good repair.
4.4
If any refuse container is damaged or defective, the owner or occupier of the real property on
which it is located must immediately, upon noticing any damage or defects, arrange for a repair.
4.5
If 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 24 hours of the damage occurring or
within one business day of being notified.
4.6
Every commercial, industrial, institutional and tourist accommodation building, and every
multiple family residential development having three or more dwelling units, shall be
required to store all Refuse within a Commercial Refuse Container of a size that is suitable for
amount of Refuse reasonably expected to be generated. The provisions of refuse storage under
this section must align with the requirements of the relevant Development Permit Guidelines in
the City's Official Community Plan.
PART 5 - GENERAL REQUIREMENTS
5.1
A person must not:
i.
feed Wildlife; or
ii.
feed, attempt to feed, or permit to feed animals in a manner that is likely to attract
Large Carnivores.
5.2
Every owner or occupier of real property must ensure that:
i.
any fruit or nuts from a tree, bush or shrub on a parcel is maintained and stored in such
a manner so as not to attract Wildiife;
ii.
any food production on a parcel is maintained and stored in such a manner so as to not
attract Wildlife;
iii.
any bird feeder containing bird feed, seeds, suet, or nectar is suspended on a cable or
other device in such a manner that it is inaccessible to Wildlife, other than birds; and the
area below any bird feeding devices or activity is kept free of accumulations of seeds
and similar other Wildlife Attractants;
iv.
notwithstanding Section (iii) the placement of outdoor bird feeders containing bird feed,
seeds, suet, nectar, or similar other Wildlife Attractants is not permitted between March
1st and November 30th of each year.
2816 - Wildlife Attractant Control Bylaw, 2023
Page 3 of7
THE CORPORATION OF THE CITY OF ROSSLAND
BYLAW NO. 2816
A BYLAW TO REGULATE REFUSE AND OTHER WILDLIFE ATTRACTANTS
v.
any composting activity is carried out and any composting device or equipment is
maintained in such a manner so as not to attract Wildlife;
vi.
barbecue equipment and tools that remain out of doors must be clean and free of
residual food or grease;
vii.
any refrigerator, freezer, storage container or similar appliance, device or apparatus
that contains Wildlife Attractants of any type, if placed or located outdoors, is located
and equipped in such a manner that it is inaccessible to Wildlife;
viii.
any animals kept on a property are kept in such a manner as to not attract Wildlife;
ix.
any animals kept on a property are kept in such a manner so they are reasonably
inaccessible to Wildlife;
x.
any home food delivery items that are left outdoors are stored in such a manner that
they are inaccessible to Wildlife; and
xi.
any camping activity is carried out or any Wildlife Attractant generated by camping
activity is managed in such a manner as to not attract Wildlife.
5.3
Bylaw Enforcement Officer for the City of Rossland may enter onto any property in accordance
with the Community Charter.
5.4
Where a Bylaw Enforcement Officer believes that, as a result of a breach of this bylaw, a Large
Carnivore 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, a police officer or RCMP, as may be reasonable or necessary in the circumstances.
5.6
A person must not obstruct or interfere with a Bylaw Enforcement Officer or other person
assisting the officer.
PART 6 - OFFENCES
6.1
Every person who contravenes or violates any provision of this Bylaw, or who suffers or permits
any act or thing to be done in contravention or in violation of any provision of this Bylaw, or who
neglects to do or refrains from doing anything required to be done by any provision of this Bylaw,
commits an offence and, upon conviction, shall be liable to a fine or penalty not to exceed
$10,000, and a jail term of not more than 6 months, in accordance with an Offence Act
prosecution.
6.2
Each day the offence continues is considered a separate offence.
6.3
No person shall fail to take immediate or Remedial Action to avoid contact or conflict with
Wildlife after being advised that such action is necessary.
6.4
This bylaw is enforceable through the City of Rossland Bylaw Notice Enforcement Bylaw No.
2749, as amended.
2816 - Wildlife Attractant Control Bylaw, 2023
Page4of7
Section
3.1
3.2
3.3
4.1
4.2
4.3
4.4
4.4
4.5
4.6
5.1
5.1
5.2
5.2
5.2
5.2
5.2
5.2
5.2
5.2
5.2
THE CORPORATION OF THE CITY OF ROSS LAND
BYLAW NO. 2816
A BYLAW TO REGULATE REFUSE AND OTHER WILDLIFE ATTRACTANTS
Refuse accessible to wildlife
SCHEDULE B
PENALTIES
Description
Failure to store refuse in required container
Failure to store refuse in required container or enclosure -
Special Event, filming, catered event, construction site
Container set out for collection outside designated times
Failure to remove container after designated times
Failure to close and lock container or enclosure
Failure to maintain container or enclosure
Failure to repair container after damage
Failure to repair commercial container or enclosure after damage
Failure to store refuse properly for commercial, industrial, institutional
and tourist accommodation building, multiple family residential (3+
units) dwellings.
Feeding wildlife
Attracting large carnivores
Fruit/nuts attracting wildlife
Food production attracting wildlife
Birdfeeder or bird feed accessible
Birdfeeder in use outside designated times
Composting activity attracting wildlife
Improperly maintained barbeque equipment
Outdoor food container accessible
Grease, antifreeze, paint or petroleum product accessible
Camping activity attracting wildlife
2816 - Wildlife Attractant Cont rol Bylaw, 2023
Schedule B - Wildlife Attractant Penalties
Penalty
$100
$100
$200
$50
$50
$100
$100
$100
$200
$300
$200
$200
$200
$100
$50
$50
$100
$50
$100
$100
$200
Page 7 of7
THE CORPORATION OF THE CITY OF ROSSLAND
BYLAW NO. 2816
A BYLAW TO REGULATE REFUSE AND OTHER WILDLIFE ATTRACTANTS
PART 7-SCHEDULES
7.1
Schedule A and Bare attached hereto and form part of this bylaw.
PART 8 - SEVERABILITY
8.1
If any portion of this bylaw is held to be invalid by a court of competent jurisdiction, such
invalidity shall not affect the validity of the remaining portions of this bylaw.
PART 9 - ENACTMENT AND REPEAL
9.1
This Bylaw shall come into full force and effect upon the final adoption t hereof.
9.2
City of Rossland Wildlife Attractant Control Bylaw No. 2615, and any and all of its amendments
are hereby repealed.
READ A FIRST TIME
READ A SECOND TIME
READ A THIRD TIME
RECONSIDERED AND FINALLY ADOPTED
2816 - Wildlife Attractant Control Bylaw, 2023
this 11th day of September, 2023
this 11th day of September, 2023
t his 11th day of September, 2023
this 3rd day of October, 2023
CORPORATE OFFICER
Page 5 of 7
THE CORPORATION OF THE CITY OF ROSSLAND
BYLAW NO. 2816
A BYLAW TO REGULATE REFUSE AND OTHER WILDLIFE ATTRACTANTS
SCHEDULE A
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 bears.
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 an adult bear using its claws
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 an adult bear using its claws. 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 or being dragged away by an adult bear.
6. Container and lid material must be metal and of sufficient strength to prevent bears from
chewing, battering or crushing the container.
7. Container must meet the standards developed by the lnteragency Grizzly Bear Committee for
Technical Evaluations of Metal Products IGBC Testing.
2816 - Wildlife Attractant Control Bylaw, 2023
Schedule A- Commercial Refuse Container
Page 6 of 7