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THE CORPORATION OF THE DISTRICT OF SUMMERLAND
BYLAW NUMBER 93-028
A Bylaw to provide for the control, keeping and impounding of
animals within the Corporation of the District of Summerland
CONSOLIDATED FOR CONVENIENCE TO INCLUDE: Bylaw No. 2000-098,
Bylaw No. 2000-455 and Bylaw No. 2015-022.
WHEREAS it is deemed desirable to regulate the keeping of animals, poultry and bees
within the District of Summerland;
AND WHEREAS it is deemed desirable to establish and regulate an Animal Pound within
the District of Summerland;
AND WHEREAS it is deemed desirable to prohibit the running at large of animals and
poultry within the District of Summerland;
NOW THEREFORE the Municipal Council of the Corporation of the District of
Summerland in open meeting assembled enacts as follows:
DEFINITIONS
In this Bylaw, unless the context otherwise requires:
Animal means any cattle, horse, sheep, llama, alpaca, ostrich, swine, goat, domestic
rabbit, guinea-pig, poultry or backyard chicken. [Amended by Bylaw No. 2015-002]
Backyard Chicken means hens that are permitted under Section 1 (b) of this bylaw, and
does not include roosters. [Inserted by Bylaw No. 2015-002]
Brands Inspector means any inspector appointed under the Livestock Brands Act,
Chapter 25, indexed Chapter 241.1, R.S.B.C. 1979 as amended.
Cattle means any horse, mule, ass, swine, goat, sheep, cow, livestock, or other animal of
bovine species.
Council means the Municipal Council of the Corporation of the District of Summerland.
District means the Corporation of the District of Summerland.
Horse means any horse, stallion, mare, gelding, colt, filly, ass or mule.
The Corporation of the District of Summerland
Animal and Pound Regulation Bylaw No. 93-028
Page 2
Owner in respect of any animal, includes possessor or harbourer.
Owned means possessed or harboured.
Person means an individual but shall be construed as meaning the plural, masculine,
feminine, body politic or corporate where the context may require.
Poultry means any domestic fowl, exotic fowl, turkey, goose or duck, excluding backyard
chickens. [Amended by Bylaw No. 2015-002]
Pound means any building, enclosure or place established as such, by Council from time
to time, for the keeping of animals impounded under this Bylaw.
Poundkeeper means the person appointed from time to time by Council for the purpose
of enforcing and carrying out the provisions of this Bylaw and shall include any
assistant Poundkeeper appointed pursuant to the provisions of this Bylaw.
Run or Running at Large when used with reference to any animals means being
elsewhere than on the premises of a person owning or having the custody, care or
control of said animals, and not being under the immediate charge and control of a
responsible and competent person.
Zone or Zones shall have the same meaning and classification as contained and
identified in the District of Summerland Zoning Bylaw.
The words herein shall be construed as meaning singular or plural, and masculine or
feminine, wherever the context so requires.
1. REGULATIONS
[Section 1(a) amended by Bylaw 2000-455; further amended by 2015-022]
a)
Except as outlined in this section, the keeping of animals other than household
pets
is
prohibited
in
all
zones
with
the
exception
of
the
FG - Forestry Grazing zone; A1 - Agricultural Small Acreage zone and A2 -
Agricultural Large Acreage zone, as set out in the District of Summerland
Zoning Bylaw 2000-450.
Notwithstanding the foregoing, in the CR1-Country Residential Zone, if the site
exceeds 0.2 hectares (1/2 acre), animals may be kept provided that:
(i)
the total number of cattle, horses, livestock (excluding llamas, alpacas,
or ostriches) or other similar large animals over the age of six months,
shall not exceed one for each 0.2 hectares (1/2 acre) or fraction thereof;
(ii)
the total number of llamas, alpacas, or ostriches over the age of six
months, shall not exceed seven (7) for each 0.2 hectares (1/2) acre or
fraction thereof, providing that the site is not less than 0.8 hectares (2
The Corporation of the District of Summerland
Animal and Pound Regulation Bylaw No. 93-028
Page 3
acres);
(iii)
the total number of sheep, excluding lambs attached with ewes, shall not
exceed three (3) for each 0.2 hectares (1/2 acre) or fraction thereof;
(iv)
the total number of poultry, rabbits or other small furbearing animals or
the number of colonies of bees, shall not exceed twenty-five plus one for
each forty-six square metres (500 sq. ft.) or fraction thereof of lot or site
area in excess of 0.2 hectares (1/2 acre);
(v)
such animal or poultry shall be kept enclosed by an approved fence or
corral.
[New section b) below inserted by Bylaw No. 2015-002]
b)
Backyard chickens may be kept in all Residential Zones, as defined in the
District of Summerland Zoning Bylaw, provided that all the following provisions
are met:
i.
the property has at least one residential dwelling on it and that dwelling is
either a single family dwelling or a duplex;
ii.
the owner of the backyard chickens resides at the property where the
backyard chickens are kept;
iii. no more than five backyard chickens are kept per property;
iv. backyard chickens are kept for personal use only; the sale of eggs,
manure, meat or other products derived from the backyard chickens on or
off the property is prohibited;
v.
backyard chickens may not be slaughtered on the property;
vi. deceased backyard chickens may not be buried or otherwise disposed of
on the property;
vii. storage and disposal of feces must be hygienically managed;
viii. backyard chicken food must be stored securely to prevent attracting
vermin;
ix. backyard chickens must not run at large;
x.
a single coop for the backyard chickens that is built and maintained in
accordance with good animal husbandry practices must be provided, and
must meet the following specifications:
1.
the coop must be located in the rear yard of a lot and must provide
a fully enclosed area for the backyard chickens;
2.
the coop must be located within a required setback;
3.
the coop must not exceed 2 metres in height;
4.
the coop must not exceed 9 square metres in total area;
5.
the coop must not be located closer than 3 metres from any
window or door of any residential building; and
6.
the coop must be maintained and cleaned regularly to minimize
odour and prevent attracting vermin; and
xi. if it is suspected that any backyard chicken is ill, the owner is required to
contact a veterinarian immediately to diagnose the illness; if a backyard
chicken is diagnosed with a communicable disease, the owner is required
to contact the Public Health Department of Interior Health and to comply
The Corporation of the District of Summerland
Animal and Pound Regulation Bylaw No. 93-028
Page 4
with directions provided by Interior Health; and,
xii. coops must comply with all other bylaws, states, and regulations.
c)
No person shall keep swine, male goats, or more than four guinea-pigs on any
lot in the District unless the lot is assessed as "farm land" as defined in Section
(1) of the Municipal Act.
d)
No person shall keep bee hives on a lot within the District which has an area of
less than 0.61 hectares (1 1/2 acre).
e)
Accessory buildings or structures used to shelter or house animals or poultry
with the exception of household pets and backyard chickens, shall be a
minimum of fifty (50) feet (15.24 metres) from any building for residential
purposes located on the same lot. [Amended by Bylaw No. 2015-002]
f)
Accessory buildings or structures used to shelter or house animals or poultry
with the exception of household pets and backyard chickens, shall be a
minimum of fifty (50) feet (15.24 metres) from any front, side, or rear lot line of
the lot it occupies. [Amended by Bylaw No. 2015-002]
g)
Accessory buildings and structures used to shelter or house animals or fowl
(with the exception of household pets and backyard chieckens) shall be
situated not less than one hundred (100) feet (30.48 metres) from all wells and
streams. [Amended by Bylaw No. 2015-002]
2. ESTABLISHMENT OF POUND
a)
The Council may, from time to time, enter into an agreement with any person
for the provision of a Municipal Pound on private property.
b)
The Council shall, from time to time, as the occasion may require, appoint a
Poundkeeper by resolution and such assistant or assistants as deemed
necessary and may authorize the entering into of a contract or agreement with
any person to provide such poundkeeping services.
3. IMPOUNDING OF ANIMALS
a)
Any person or owner who suffers, permits or allows his animals or animals
over which he has control, to run at large, stray from the pasture or trespass
on any street, lane, highway, boulevard, park or public place within the District
shall be guilty of an infraction of this Bylaw.
b)
Any person who suffers, permits or allows his animals to trespass on private
property within the District or to graze on unfenced land within the District
unless such animals are securely tethered, or any person who releases any
animals from an enclosure or tether, leaves any gate open or removes, cuts or
breaks any fences or permits such to become in a state of disrepair so as to
release any animals contained therein, shall be guilty of an infraction of this
The Corporation of the District of Summerland
Animal and Pound Regulation Bylaw No. 93-028
Page 5
Bylaw.
c)
It shall be lawful for the Poundkeeper, or for any other person to seize and
impound any animal found running at large, or trespassing in or upon any
lands, premises, public places contrary to the provisions of this Bylaw or if
found trespassing in any enclosures or gardens, or any enclosed land within
the District.
It shall be the duty of the Poundkeeper to notify the Brands Inspector (by
telephone or in writing) of the impoundment of any branded animal and to
furnish the Brand Inspector with any particulars requested by him in
connection with the animal so impounded.
It shall be the duty of the Poundkeeper to detain such animal until the owner
thereof shall have paid the applicable charges incorporated in the District's
"Fees and Charges Bylaw" for impoundment fees, boarding costs, and any
hauling charges resulting from impoundment.
d)
The charges under the Fees and Charges Bylaw shall be assessed per
impoundment occurrence by the Poundkeeper, and monies due thereof shall
be payable to the District.
Payment of said charges may be made at the Municipal Office or directly to
the Poundkeeper who is hereby authorized to receive same, and who shall be
responsible for encuring such monies are turned into the District not later than
the last day of the month during which the charges were received and
recorded by him.
The Poundkeeper shall not release any impounded animal without receiving in
cash the said charges, or obtaining from the owner a copy of a valid District
receipt for said charges.
e)
In the case of milk cows or goats impounded, the Poundkeeper shall, at lease
twice each day, milk each animal and for so doing, shall be entitled to keep for
his own use and disposal milk so obtained.
f)
It shall be the duty of the Poundkeeper to provide and supply with proper
shelter and good sufficient food and water daily all animals detained by him as
Poundkeeper, and for so doing he shall be reimbursed by he District all
Boarding Charges under the Fees and Charges Bylaw which have been paid
to the District.
g)
It shall be the duty of the Poundkeeper to request the assistance of a
veterinarian, to any impounded animal who, if in the opinion of the
Poundkeeper, is suffering from any injury, disease or sickness, or from any
other cause. The Poundkeeper shall be entitled to demand and receive from
the owner, if known, the amount equivalent to the veterinary charges for
professional services and attendance call, administered to such animal or
such expenditure is to be realized from the District for animals whose owner
cannot be located. The Poundkeeper may permit the suffering animal to be
The Corporation of the District of Summerland
Animal and Pound Regulation Bylaw No. 93-028
Page 6
destroyed.
5. NOTICE OF IMPOUNDING
a)
If the owner of any impounded animal is known to the Poundkeeper, the
Poundkeeper shall forthwith telephone, deliver or mail to the address of the
owner, a dated notice advising as follows and containing the Poundkeeper's
name and telephone number:
Notice is hereby given, under Bylaw Number 93-028, being the "Animal and
Pound Regulation Bylaw" that (description of animal impounded) was
impounded in the Pound kept by the undersigned at (location of Pound) on the
(date).
b)
In case the owner is not known, or the owner so notified does not, within three
(3) days after the mailing, delivery or telephoning of the notice referred to in
this section, appear at the Pound and release the animal so impounded by
payment of the charges outlined in the Fees and Charges Bylaw, the
Poundkeeper shall cause to be published a notice of sale in the following form:
Notice is hereby given, under Bylaw Number 93-028, being the "Animal and
Pound Regulation Bylaw", that (description of animal impounded) was
impounded in the Pound kept by the undersigned at (location of Pound) on the
(date), and this animal will be sold by public auction at (location of auction) at
(time, am or pm) on the (date).
__________________
Poundkeeper
Dated at Summerland, B.C. this
day of , ___.
A notice herein described shall be posted at the Pound and on the Notice
Board of the Municipal Office, local RCMP office, and, if considered advisable
by the Poundkeeper, by publication in one issue of the Summerland Review.
The said notice shall be so posted at least six (6) clear days before the day
named thereon. More than one animal may be included in such notice and the
wording of the Notice amended accordingly to merit the circumstances.
6. SALE OF IMPOUNDED ANIMALS
a)
Every owner or other persons entitled to the possession of an animal which
has been impounded as aforesaid shall forthwith upon being notified or
become aware of such impounding redeem the animal in accordance with the
provisions of this Bylaw, or should the Pound be broken and the animal get out
or in any way escape therefrom and get back to the possession or custody of
the owner or any person claiming the said animal, the said owner or other
The Corporation of the District of Summerland
Animal and Pound Regulation Bylaw No. 93-028
Page 7
person shall still be liable for the payment of any impoundment, boarding or
haulage charges due and payable under the Fees and Charges Bylaws.
b)
Where any impounded animal has not been claimed in accordance with the
provisions of this Bylaw, the Poundkeeper shall take whatever action as is
necessary to sell such animal by public auction on the day named in the
Notice issued pursuant to Section 5 herein, as follows:
(i)
Under this Section, any horse, llama, alpaca, ostrich, cattle, male
sheep, male goat or male swine apparently over one (1) year old
may be sold at such public auction as the Poundkeeper may
arrange for, subject to approval of the particular auction by the
Municipal Treasurer.
(ii)
Under this Section, any horse, llama, alpaca, ostrich, cattle, female
sheep, female goat, or female swine apparently under one (1) year
old, and any goose, rabbit or poultry is to be sold by public auction
at the Pound, and the Poundkeeper shall be the auctioneer.
(iii)
The Poundkeeper shall not neither in person nor by his agent
purchase any animal at a sale under this Section, or have any
interest of any kind in any animal so purchased.
c)
Repealed February 25, 2002. [Bylaw 2000-98]
d)
No Poundkeeper conducting an auction under this Section shall be liable to a
penalty for selling without a licence as an auctioneer.
e)
The Poundkeeper shall be responsible for providing the Municipal Treasurer
with a statement of any public auction held under this Section, which shall
contain a description of the animal sold, the sate of sale, the amount of
monies realized, and such monies shall be turned into the District no later than
the last day of the month in which such public auction took place.
f)
Where at any public auction held pursuant to his Section, no bid is received for
the impounded animal to be sold or where a bid received is less than the
charges due, the Poundkeeper may, at this discretion, sell it at a private sale,
and if in the opinion of the Poundkeeper, it is impossible to dispose of such
animal for valuable consideration, the Poundkeeper may cause such animal to
be humanely destroyed or otherwise disposed of.
g)
If the proceeds from the sale or other disposal of any animals shall not be
sufficient to satisfy the amount chargeable as provided, then the owner or
other person entitled to the possession of the animal shall pay the balance and
may be sued at the insistence of the Poundkeeper.
7. PROCEEDS OF SALE
The Corporation of the District of Summerland
Animal and Pound Regulation Bylaw No. 93-028
Page 8
The proceeds of the sale of any impounded animal sold under the provisions of this bylaw
shall be forwarded to the Municipal Treasurer, who shall apply payment from same as
follows:
a)
Towards costs and charges attending the sale.
b)
Towards outstanding charges accruing under the Fees and Charges Bylaw.
c)
The residue, if any, shall be paid over to the owner of the animal sold,
providing written application is made to the Municipal Treasurer with three (3)
months from the date of sale, otherwise such monies shall form part of the
General Municipal Revenue of the District.
8. GENERAL PROVISIONS
a)
The Municipal Treasurer shall ensure that the Poundkeeper is furnished with
Animal Pound Log Sheets, to be submitted to the Treasurer from the
Poundkeeper on or before the last day of the month, together with any monies
received by the poundkeeper.
b)
The Poundkeeper shall record on the said Animal Pound Log Sheet details of
all actions undertaken by him relating to complaints, investigations,
impoundments,and collection of charges, including dates, names and
addresses of persons involved, mileage and haulage, and disposition of each
auction.
c)
The Pound shall be kept open for the Public for the transaction of business on
an as required basis.
d)
If the Poundkeeper -
(i)
Demands or receives any sum other than that authorized by
District bylaw;
(ii)
Fails to pay over to the Municipal Treasurer any money held by
him under the provisions of District bylaws;
(iii)
Neglects to provide food and water for any animal or works or
uses the same in any manner while so impounded;
(iv)
Neglects to properly milk any milch-cow or milch-goat while such
cow or goat is impounded;
(v)
Omits or neglects to keep records and make entries therein as
required by this bylaw;
(vi)
Knowingly allows any animal infected with any contagious or
infectious disease to be in the same enclosure with any
The Corporation of the District of Summerland
Animal and Pound Regulation Bylaw No. 93-028
Page 9
impounded animal not so infected;
(vii) Fails to give any notice required by this Bylaw;
(viii) Neglects to do anything required by this Bylaw to be done whereby
damage is incurred by any person;
he shall, in addition to any civil liability which he may incur by
reason thereof, be guilty of an infraction of the Bylaw.
9. PENALTY
a)
Every person who violates or causes or allows to be violated, any of the
provisions of this Bylaw shall be guilty of an offense of this Bylaw, and each
day that such violation is caused or allowed to be continued shall constitute a
separate offense.
b)
Every person who offends against any of the provisions of this Bylaw or
suffers or permits any act or thing to be done in contravention of violation of
this Bylaw, or neglects to do, or refrain from doing anything to be done, or
does any act or thing which violates any of the provisions of this Bylaw, shall
be deemed to have committed an offense under this bylaw and is liable upon
summary conviction to a fine or penalty not exceeding $2,000 and costs
recoverable and enforceable in the manner provided by the Office Act,
R.S.B.C., 1979, Chapter 305.
10.
SEVERABILITY
If any section, sentence, clause or phrase of this Bylaw is for any reason held to be invalid
by the decision of any court of competent jurisdiction, the invalid portion shall be severed
and the decision that it is invalid shall not affect the validity of the remainder.
11.
REPEALS
The Corporation of the District of Summerland "Animal Control Bylaw Number 2328" is
hereby repealed.
12. This Bylaw may be cited for all purposes as the "Animal and Pound Regulation Bylaw
Number 93-028".
13. EFFECTIVE DATE
This Bylaw shall come into force and take effect upon the day of its adoption by Municipal
Council.
The Corporation of the District of Summerland
Animal and Pound Regulation Bylaw No. 93-028
Page 10
READ A FIRST, SECOND AND THIRD TIME by the Municipal Council of The Corporation
of the District of Summerland, this 13th day of April, 1993.
RECONSIDERED, FINALLY PASSED AND ADOPTED, by the Council of the Corporation
of the District of Summerland this 26th day of April, 1993.
"R.J. Shewfelt"
MAYOR
"G. Redluch"
CLERK