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VILLAGE OF SILVERTON
ANIMAL AND POULTRY REGULATION BYLAW NO. 460 - 2009
A Bylaw to provide for the regulation of poultry and other animals within the Village of Silverton.
WHEREAS Council may regulate, prohibit and impose requirements in relation to animals further to
sections 8(3)(k), 47, 48 and 49 of the Community Charter, including bylaw enforcement and related
matters further to sections 260 - 275 of the Community Charter;
NOW THEREFORE the Council of the Village of Silverton in open meeting assembled, ENACTS AS
FOLLOWS:
1.0
SHORT TITLE
1.1
This Bylaw may be cited for all purposes as the "Animal and Poultry Regulation Bylaw No. 460,
2009".
2.0
DEFINITIONS
2.1
Animal
includes rabbits, Poultry, Fur Bearing Animals and Farm Animals, but does not
include dogs or cats.
At Large
means being elsewhere than on the lands or premises of the Owner of the Animal
and:
(1)
not under the immediate control of a person competent to control it;
or
(2)
securely confined within an enclosure.
Council
means the Council of the Village of Silverton.
Fur Bearing
Animal
means any animal kept or raised for the purposes of commercial fur production
without limiting the generality of the foregoing includes, fox, mink, marten,
nutria, skunk, chinchilla and fisher.
Farm Animal means a domesticated animal normally raised or kept for food, milk or as a beast
of burden and, without limiting the foregoing, includes cattle, donkeys, goats,
horses, mules, oxen, buffalo, sheep, fallow deer, reindeer and swine but does not
include Poultry.
Keep
means to lodge, possess, harbor, board, bring upon or feed on a regular basis on a
parcel of land.
Owner
means any person who keps an Animal.
Parcel
means any lot, block or other area in which land is held or into which land is
subdivided.
Poultry
means a bird normally kept for the purpose of providing meat or eggs and
includes domestic fowl, ducks, geese, turkeys and pigeons.
-2-
Poultry
Coop
means a chicken coop or other all-weather structure that:
(a)
fully encloses the Poultry and prevents the Poultry from escaping;
(b)
provides proper ventilation and sufficient space for the Poultry;
(c)
prevents the entry of vermin;
(d)
permits easy access for the purposes of cleaning and maintenance; and
(e)
provides a safe and humane living environment for the Poultry.
Poultry
Licence
means a Village of Silverton Poultry Licence in the form attached to this Bylaw
as Schedule "A".
Poultry Run
means a chicken run or other structure that:
(a)
fully encloses the Poultry and prevents the Poultry from escaping;
(b)
allows the Poultry to move about and graze;
(c)
provides proper ventilation; and
(d)
permits easy access for the purposes of cleaning and maintenance.
Village
means the Village of Silverton.
3.0
REGULATION OF POULTRY
3.1
No person shall keep any Poultry within the Village except in accordance with this Bylaw.
3.2
The Owner of any Poultry shall not permit, suffer or allow that Poultry to:
(a)
stray, trespass or be unlawfully At Large on a highway or other public place;
(b)
stray or trespass on private property; or
(c)
graze or move about on unfenced land unless contained in a Poultry Run.
3.3
No person shall keep a rooster.
3.4
No person shall keep more than twelve (12) Poultry on any Parcel.
3.5
Any Parcel upon which Poultry is kept must have the following:
(a)
a single family detached dwelling located upon it;
(b)
a minimum frontage of twelve (12) metres;
(c)
a minimum depth of twenty (20) metres.
3.6
All Poultry must be kept in a Poultry Coop unless grazing on fenced land or within a Poultry Run.
3.7
A Poultry Coop must be located at least:
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(a)
one (1) metre away from the rear lot line of the Parcel upon which the Poultry Coop is
located if the rear lot line is at least twenty-three (23) metres distant from the adjacent
dwelling;
(b)
three (3) metres away from the rear lot line of the Parcel upon which the Poultry Coop is
located if the rear lot line is less than twenty-three (23) metres distant from the adjacent
dwelling or if the adjoining parcel is vacant;
(c)
in any case, three (3) metres away from any side lot line of the Parcel upon which the
Poultry Coop is located.
3.8
All dead Poultry must be disposed of properly and promptly, and in any event within twenty-four
(24) hours of death.
3.9
If an Owner has reasonable grounds to believe that Poultry is infected with a communicable
disease, the Owner must immmediately cconsult a veterinarian licenced to practice in British
Columbia to diagnose the condition of the Poultry. If the diagnosis confirms that the Poultry is
infected with a communicable disease, the Owner must immediately notify the Public Health
Department of the Interior Health Authority and must comply with any order or direction of a
Public Health Inspector.
3.10
No person shall keep Poultry unless that person has obtained a Poultry Licence and has paid in
full the annual licence fee of ten dollar ($10.00).
3.11
A Poultry Licence shall be valid for a period of one (1) year from the date of its issuance and
shall at all times be subject to the provisions of this Bylaw.
3.12
No person who keeps Poultry shall permit, suffer or allow the Poultry or any matter or thing
related to the Poultry to be or become a nuisance.
4.0
REGULATIONS AND RESTRICTIONS OF OTHER ANIMALS
4.1
No person shall keep Farm Animals, Fur Bearing Animals or rabbits within the Village.
5.0
OFFENCES AND PENALTIES
5.1
Any person who contravenes a provision of this Bylaw committs an offence.
5.2
With respect to a prosecution in accordance with the Offence Act,
(a)
the maximum fine for all offences under this Bylaw is Ten Thousand ($10,000.00)
Dollars;
(b)
the minimum fine for any offence is:
(i)
One Hundred Dollars ($100.00) for a first contravention, and
(ii)
Two Hundred Dollars ($200.00) for a second or subsequent contravention.
5.3
In addition to a penalty under section 5.2, Council may revoke the Poultry Licence of a person
who contravenes a provision of this Bylaw. A person whose Poultry Licence is revoked is not
entitled to the refund of any fees paid, and is not permitted to apply for a Poultry Licence for a
period of one (1) year following the date of revocation.
6.0
MISCELLANEOUS
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6.1
The headings in this Bylaw are inserted for convenience of reference only and shall not affect the
interpretation of this Bylaw.
6.2
This Bylaw comes into force on the date of its adoption.
6.3
"Village of Silverton Dog, Poultry and Other Animal By-law, 1972, No. 117", and amendments
thereto, is hereby repealed.
6.4
All schedules attached to this Bylaw form a part of this Bylaw.
6.5
If a section, subsection, sentence, clause or phrase of this Bylaw is for any reason held to be
invalid by a decision of a court of competent jurisdiction, such decision shall not effect the
validity of the remaining portions of the Bylaw.
READ A FIRST TIME THIS 20th DAY OF OCTOBER, 2009.
READ A SECOND TIME THIS 20th DAY OF OCTOBER, 2009.
READ A THIRD TIME THIS 17th DAY OF NOVEMBER, 2009.
ADOPTED THIS 01st DAY OF DECEMBER, 2009.
___________________________
____________________________
Mayor
Administrator