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DISTRICT OF UCLUELET
BYLAW NO. 2000, 2026
ANIMAL CONTROL AND LICENSING BYLAW
A BYLAW TO PROVIDE FOR THE CONTROL, LICENSING, AND IMPOUNDING OF ANIMALS
WITHIN THE DISTRICT OF UCLUELET
WHEREAS it is deemed expedient to regulate the keeping of dogs and other animals and to
fix, impose and provide for the collection of license fees from and the issuance of licenses
to any person who owns, possesses, or harbours any dog;
NOW THEREFORE the Council of the District of Ucluelet in open meeting assembled enacts
as follows:
1.
TITLE:
This bylaw may be cited for all purposes as "Animal Control and Licensing Bylaw No.
2000, 2026".
2.
DEFINITIONS:
"Animal"
means cats, dogs, horses, mules, donkeys, swine, sheep,
goats, turkeys, geese, ducks or other poultry, pigeons, as
well as any cattle or fur-bearing animal or other animal by
whatever technical or familiar name known.
"Animal
Control
Officer"
means
a) a municipal employee, officer or agent designated by the
Council as an animal control officer for the purposes of
this bylaw, or
b) a peace officer.
"At large," "run at
large" and
"running at large"
means being unleashed and being elsewhere than on the
premises of the owner or person having custody, care, or
control of any animal; or not being under immediate control
of a competent person.
"Authorized
Representative of
the District"
means the Bylaw Enforcement Officer of the District, or
such other person as the District may appoint to administer
the provisions of this Bylaw.
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Animal Control and Licensing Bylaw No. 2000, 2026
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"Bylaw
Enforcement
Officer"
means a person appointed by the District of Ucluelet
Council to enforce the District of Ucluelet Bylaws.
"Companion
Animal"
means an animal kept as a pet or as a guide animal.
"Competent
Person"
means a person who is physically able to exercise control
over an animal.
"Corporate
Officer"
means the appointed Corporate Officer of the District of
Ucluelet.
"Council"
means the Mayor and Council of the District of Ucluelet.
"Dangerous dog"
means a dog that:
a) has killed or seriously injured a person,
b) an animal control officer has reasonable grounds to
believe is likely to kill or seriously injure a person, or
c) while in a public place or while on private property, other
than property owned or occupied by the person
responsible for the dog, has killed or seriously injured a
companion animal or a domestic animal.
"District"
means the District of Ucluelet.
"Domestic
animal"
means a domestic animal as defined in the Livestock
Protection Act.
"Fees and
Charges"
means "District of Ucluelet Fees and Charges Bylaw 1186,
2016" as amended or replaced.
"Harbourer"
means a person who has in his care or control or has been
entrusted with the care and control of an animal.
"Highway"
includes all the meanings of that word as specified in the
Motor Vehicle Act.
"Kennel"
means a place where dogs are bred, reared, trained, or
boarded.
"Licence"
means a licence for a dog issued by the District of Ucluelet.
"Municipality"
means the area governed by the District of Ucluelet lying
within the corporate limits of the District.
"Owner"
means any person who owns or has in his custody or under
his control, or harbours any animal within the municipality,
and/or any person in whose name a licence is issued
pursuant to this Bylaw, or who has made application for a
licence for a dog.
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"Persistent
Barking or
Howling"
means the sound made by a dog barking or howling or
creating any kind of noise continually or sporadically,
erratically for any period in excess of ten (10) minutes.
"Person"
means a person, family, household, corporation, firm,
partnership, or society.
"Seize"
includes impound and detain.
"Temporary
Boarding Permit"
means a special permit as outlined in Schedule "A" attached
hereto and forming a part of this Bylaw.
"Unlicenced Dog"
means any dog for which the licence fee for the current
year has not been paid to the District, or which does not
have attached to its collar or harness a current metal tag
issued pursuant to this Bylaw.
"Under Control"
means in direct and continuous charge of a competent
person who is directly exercising control over it by ensuring
that the dog(s) is/are leashed at all times.
"Vicious Dog"
means:
a) any dog with a known propensity, tendency, or
disposition to attack, without provocation, other
domestic animals, or humans; or
b) any dog which has bitten another domestic animal or a
human without provocation.
3
GENERAL:
3.1
The Corporate Officer, being an officer, or the Bylaw Enforcement Officer,
Animal Control Officer or other persons so designated by resolution, being
hereby designated to act in the place of the Corporate Officer for the
purposes of this section, are authorized at all reasonable times to enter on
property that is subject to regulation under this Bylaw to ascertain whether
the regulation or directions under this Bylaw are being observed.
3.2
No licence fee shall be payable for a dog which is trained for and used in
assisting:
a) law enforcement agencies in the carrying out of their duties; or
b) persons suffering from a disability which necessitates such assistance,
including blindness, deafness, and paralysis.
3.3
Dogs, which are exempt from licence fees under this section, shall
nevertheless be registered and shall wear a collar with a metal licence tag
attached thereto pursuant to Section 4.
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4.
DOG LICENSES:
4.1
Every person who owns, possesses, or harbours any dog apparently over
the age of two (2) months within the Municipality shall hold a valid licence
for each such dog.
4.2
The owner shall obtain a Licence on or before February 1st of each year and
shall pay the Licence fee payable to the District for each Licence in
accordance with the Fees and Charges Bylaw, provided however that if
she/he becomes the owner of a dog after the 1st day of February in any
year, she/he shall obtain a Licence forthwith.
4.3
Upon request, the owner shall provide proof of age for any dog claimed to
be under two (2) months of age.
4.4
Prior to issuance of a Licence for a spayed female dog, or a neutered male
dog, the Municipality will require the owner to furnish proof that the dog
has been spayed or neutered. Proof that a dog has been spayed or
neutered shall be by a certificate from a registered Veterinarian Surgeon.
4.5
Every Licence issued under this Bylaw shall be for the calendar year in which
the licence is issued and shall expire on the 31st day of December next
following the date on which the licence is issued.
4.6
With each licence, the District shall issue a metal licence tag which shall be
impressed or stamped with a number corresponding to the number of the
licence and with figures denoting the year in which the licence expires.
4.7
Every owner of a dog licenced under this Bylaw shall provide and keep on
the dog, a suitable collar or harness to which shall be fastened at all times,
the dog licence tag issued in connection with the licensing of such dog,
except where a qualified Veterinary Surgeon certifies that a dog cannot,
due to sickness, injury or disease, comfortably wear a collar or harness.
4.8
No person except the owner of a dog or the Animal Control Officer or
Authorized Representative of the District shall remove a licence tag from a
dog.
4.9
Every licence issued under this section shall be for one (1) animal only, and
such licence is not transferable to any other dog.
4.10
Where the owner of a dog in respect of which a current licence has been
issued under this Bylaw, sells or otherwise ceases to be the owner of the
dog, they shall, within seven (7) days of ceasing to be the owner of such
dog, notify the Municipality of the name and address of the new owner.
4.11
Where the ownership of a dog in respect of which a current licence has
been issued under this Bylaw changes, the licence may be transferred to
the new owner without charge upon making application to the Municipality.
4.12
The District may, upon being satisfied that a licence tag issued hereunder
has been lost or stolen, issue a replacement thereof on payment of a fee in
accordance with Schedule "A" to the Fees and Charges Bylaw.
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4.13
Upon request, the District may issue a temporary boarding permit that
allows a dog handler or breeder to board one additional dog for a maximum
of seven (7) days, notwithstanding that the dog is subject to the provisions
of this Bylaw.
5.
CONTROL OF ANIMALS:
5.1 The owner of a dog or other animal shall ensure that:
(a)
Any animal owned, possessed or harboured by him/her does not run
at large or trespasses in or upon any private lands or premises.
(b)
Any animal owned, possessed or harboured by him/her is not on a
highway or any public place unless such animal is under the control
of a person who is competent to control the animal.
(c)
The owner of every dog shall, at all times when such dog is not on a
leash and under the control of a person who is competent to control
the dog, keep such dog securely confined on the premises owned or
controlled by the owner, by keeping the dog indoors, within a fenced
area sufficient to prevent the escape of the dog or securely tethered
in such a manner as to prevent the dog from leaving the premises.
(d)
No owner of an unspayed female dog shall permit such dog to leave
the premises of the owner during such female dog's ovulatory period
except to convey the dog directly to a veterinarian or kennel.
(e)
The Animal Control Officer and every other person empowered to
administer this bylaw may impound a female dog in heat found
running at large and shall detain such dog at the expense of the
owner while the dog is in heat; Section 11 of this bylaw shall not
apply until the expiration of such period.
(f)
The owner of every dog shall, at all times when such dog is off the
premises of the owner, immediately remove, or cause to be
removed, any feces deposited by such dog in a public or private area
and dispose of the feces in a sanitary manner.
6.
NOISE COMPLAINTS:
6.1
No person shall own, possess, or harbour any dog that disturbs or tends to
disturb the peace, quiet, rest, enjoyment, comfort, or convenience of the
neighbourhood by its persistent barking or howling.
6.2
A complaint concerning a dog alleging a disturbance contrary to section 6.1
of this bylaw shall be made in writing to the Corporate Officer.
6.3
Upon receipt of a complaint in writing that a dog has caused a disturbance
and the owner of the dog can be ascertained, the Animal Control Officer or
Authorized Representative of the District shall notify the owner of the dog,
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Animal Control and Licensing Bylaw No. 2000, 2026
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in person, of the complaint. If the owner of the dog cannot be ascertained,
the Animal Control Officer or Authorized Representative shall investigate.
6.4
Upon receipt of a complaint in writing of a second offence by the same dog
and the owner of the dog can be ascertained, the Animal Control Officer or
Authorized Representative shall notify the owner of the dog, in person, of
the complaint. If the owner of the dog cannot be ascertained, the Animal
Control Officer or Authorized Representative shall issue a "Notice of Bylaw
Violation," as set out in Section 13 of this bylaw. The Animal Control Officer
or Authorized Representative of the District may also request the owner of
the dog, in writing, to effectively muzzle or restrain the dog.
7.
VICIOUS OR DISEASED ANIMALS AND DANGEROUS DOGS:
7.1
The owner of a vicious dog shall ensure that such dog is not on a highway or
any public place unless effectively muzzled so as to prevent it from
endangering the safety of any person or other animal, including a person
lawfully entering upon premises where the animal is located. When such
dog is not effectively muzzled, on a leash and under the control of a person
who is competent to control the dog, such dog shall be kept indoors or
within a securely closed and locked enclosure.
7.2
No person shall keep, harbour, or have in his possession any animal
suffering from any infectious or communicable disease, unless such animal is
in isolation and is undergoing treatment for the cure of such disease.
7.3
The Animal Control Officer or Authorized Representative of the District may,
at any time, and at his/her sole discretion, destroy, or cause to be
destroyed, any animal suffering from any incurable disease, injury, or
mutilation, to prevent cruel suffering or the spread of disease.
7.4
Section 49 of the Community Charter provides additional authority that an
animal control officer may seize a dog if the officer believes on reasonable
grounds that the dog is a dangerous dog. Application and exercise of that
authority is subject to the requirements of that section.
7.5
Section 8 of the Livestock Protection Act provides additional authority that,
in relation to a dog that the animal control officer has reasonable grounds to
believe is a dangerous dog, the animal control officer may apply to the
Provincial Court for an order that the dog be destroyed in the manner
specified in the order.
7.6
Limitations to the length of impoundment of a dog that has been seized
under this section is provided for in Section 49(11) of the Community
Charter.
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8.
KENNELS:
8.1
Every person wishing to operate a kennel for the purposes of breeding,
training, or boarding dogs, must obtain a Kennel Licence from the District of
Ucluelet. A Kennel licence is not a substitute for a licence required by the
Municipality's Business Licence Bylaw and does not relieve an owner of a
kennel from compliance with that bylaw or any other bylaw of the
municipality.
8.2
Every person operating a kennel must ensure that each dog bred, trained,
boarded,
or
cared
for
in
the
kennel
possesses
a
valid
and
subsisting dog licence from the District of Ucluelet.
8.3
Kennel and dog licences may be obtained by applying to the District and
paying the prescribed kennel/dog licence fee set out in Schedule "A" to the
Fees and Charges Bylaw.
8.4
No person shall:
(a)
have or keep more than ten (10) dogs in a kennel;
(b)
permit or cause a dog to be unattended or uncontrolled in an open
air run in a kennel between the hours of 9:00 p.m. and 7:00 a.m.
(c)
allow a dog to run loose in a kennel except in an adequately fenced
area;
(d)
permit or cause barking, yelping, howling or other frequent noise to
emanate from a kennel.
8.5
The owner or operator of a kennel shall:
(a)
ensure that all animals in the kennel are under control and are
restrained from frequent barking, yelping, howling, or making other
noises;
(b)
keep the kennel in good repair at all times;
(c)
keep the kennel and the yard surrounding it at all times in a clean
and sanitary condition and free of vermin and rodents;
(d)
collect all uneaten food from the kennel daily, wrap it and place it in
a bear proof garbage receptacle for collection;
(e)
dispose of all manure, dung, or refuse and all liquid wastes from the
kennel in a manner which meets the approval of the Medical Health
Officer and the Municipality;
(f)
dispose of all hair clippings and waste paper in a sanitary manner;
(g)
keep the kennel regularly cleaned and disinfected and free from any
offensive or objectionable odours to the satisfaction of the Medical
Health Officer and the Municipality.
8.6
No kennel shall be permitted unless:
(a)
Twenty-four (24) square feet of floor space is provided for each dog;
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Animal Control and Licensing Bylaw No. 2000, 2026
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(b)
a dog exercise area is provided that is fenced in such a manner that
the dog or dogs cannot escape the confines of the exercise area;
(c)
the kennel complies with all laws and regulations in force in the
Province of British Columbia and all municipal bylaws, regulations,
and policies.
8.7
A kennel licence issued may be suspended or revoked at any time by the
Animal Control Officer or the Authorized Representative of the District if the
licensee does not observe the provisions of this bylaw.
8.8
Every licensee shall, at all reasonable times, permit the Animal Control
Officer or the Authorized Representative of the District to enter and inspect
any kennel for the purposes of ascertaining whether the provisions of this
bylaw are being observed.
8.9
Every kennel licence issued under this bylaw:
(a)
expires on the 31st day of December of the year in which it is issued;
(b)
is valid only in respect of the kennel for which it is issued; and
(c)
shall be renewed not later than the first day of February in the
following calendar year.
8.10
The municipality shall maintain a record of all kennel licences issued for a
period of two (2) years from the date a licence is issued, showing the name
and address of the owner, the date of the licence, a description and kennel
licence number of the kennel and the licence fee paid.
9.
IMPOUNDING:
9.1
The Animal Control Officer, Authorized Representative of the District or
police officer may impound any animal that is running at large within the
Municipality.
9.2
The owner, possessor or harbourer of any animal impounded under this
bylaw may redeem the same upon application to the Animal Control Officer
or Authorized Representative of the District with proof of ownership and
payment of the following fees:
(a)
In the case of such animal not being licenced for current calendar
year, prescribed licence fees as set out in Schedule "A' to the Fees
and Charges Bylaw.
(b)
Pound fees for seizing and impounding such animal as set out in
Schedule "A" to the Fees and Charges Bylaw.
(c)
For every day, or portion thereof, during which it shall have been
impounded, additional pound fees as set out Schedule "A" to the
Fees and Charges Bylaw will be charged for expenses incurred in
conveying, impounding, and maintaining such animal.
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Animal Control and Licensing Bylaw No. 2000, 2026
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9.3
Any person who in any way interferes, resists, or willfully obstructs the
Animal Control Officer or any other person lawfully engaged in impounding
any animal or carrying out any other duty pursuant to the provisions of this
bylaw, is guilty of an offence against this bylaw.
9.4
Any person who, without lawful authority and not having paid the fees and
expenses imposed under the provisions of this bylaw, is guilty of an offence
against this bylaw.
9.5
The Pound shall be open for all purposes during the hours of 8:00 a.m. -
12:00 p.m. and 1:00 p.m. to 4:30 p.m. on the days during which the offices
of the District are open to the public, unless otherwise designated by the
Corporate Officer.
10.
CAT REGULATION, IDENTIFICATION AND CAT BREEDING:
10.1
No person may be or become an owner of any cat that is actually or
apparently over the age of six (6) months unless:
(a)
the cat has been spayed or neutered, as the case may be, by a
veterinarian; or
(b)
the person holds a valid cat breeding permit for an unspayed or
unneutered cat as provided for in this bylaw; or
(c)
the person is not normally resident in the Municipality and while in the
Municipality for any temporary period or periods ensures that his or
her cat, if unspayed or unneutered, is not permitted to be running at
large in the Municipality.
10.2
Every owner of a cat must ensure that the cat, if it is unspayed or
unneutered, whether pursuant to a cat breeding permit issued under this
bylaw or otherwise, is not permitted to be running at large within the
Municipality.
10.3
Any person finding a cat running at large that he or she believes to be
unspayed or unneutered and takes into his or her possession must
immediately notify the Animal Control Officer and either deliver the cat to
the Animal Control Officer or, upon request, release the cat to the Animal
Control Officer.
10.4
Every owner of a cat is responsible for ensuring that his or her cat bears
sufficient identification to allow any person finding the cat running at large
to identify and contact the owner. For clarity, but without limiting the
identification options open to an owner, cat identification may take the form
of a collar and tag worn by the cat, a traceable tattoo or microchip.
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Animal Control and Licensing Bylaw No. 2000, 2026
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10.5
It is unlawful for any person other than the owner of a cat or the Animal
Control Officer to remove any identification worn by a cat pursuant to this
bylaw.
10.6
Any person who wishes to obtain a cat breeding permit that will exempt that
person from the provisions of section 10.1(a) during the life of the permit,
must submit a completed application form to the Municipality.
10.7
The Animal Control Officer may, upon receiving an appropriate application
form and the fees for a cat breeding permit specified in section 10.9, issue a
cat breeding permit which permit will be valid for a period of three years
from the date of issuance.
10.8
An owner who holds a cat breeding permit is responsible for ensuring that
his or her cat to which the permit relates is not permitted to be running at
large in the municipality.
10.9
The fee for a cat breeding permit issued pursuant to this bylaw is outlined in
Schedule "A" to the Fees and Charges Bylaw.
11.
SALE AND DESTRUCTION:
11.1
The Animal Control Officer or Authorized Representative of the District may,
at his/her discretion, sell, destroy, cause to be destroyed or dispose of any
animal which has been impounded where the prescribed fines, fees, and
other charges are not paid within three (3) clear working days.
11.2
Within two (2) working days after impounding of any animal pursuant to this
bylaw, the Animal Control Officer or Authorized Representative of the
District shall post a notice, setting out the particulars of the impounded
animal, including the ownership, where known, and advise that the animal
will be sold or destroyed after expiration of three clear working days from
the date of the notice, unless, in the meantime, the animal is redeemed.
The notice may itself fix the time and place where the impounded animal
will be offered for sale by auction or private sale.
11.3
The Animal Control Officer or Authorized Representative of the District may,
after expiration of the time specified in the notice referred to in section
11(b), and where the animal has not been redeemed, offer the impounded
animal for sale by public auction, at which he shall sell the animal to the
highest cash bidder. Where the notice given fixes the time and place where
the impounded animal will be offered for sale, no further or other notice
shall be necessary, but the Animal Control Officer or Authorized
Representative of the District may, at his/her discretion, give notice by
newspaper advertisement or otherwise.
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Animal Control and Licensing Bylaw No. 2000, 2026
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11.4
The notice referred to in section 11.2 shall for all purposes be sufficient
notice to the owner and shall be deemed to have been received by him or
her on the date of posting.
11.5
Where no bid is received for the sale of the animal and the animal is not
redeemed at the time of sale, the Animal Control Officer or Authorized
Representative of the District shall destroy, cause to be destroyed or dispose
of such animal.
11.6
The Municipality shall provide the Animal Control Officer or Authorized
Representative of the District with a register book, within which he/she shall
enter the number and description of every dog or animal impounded by
him/her, the day and hour on which the same was received or redeemed,
sold, destroyed or disposed of, and the amount of fines, fees, or licences
paid by the redeeming party, and the proceeds of the sale (if any). The
Animal Control Officer or Authorized Representative of the District shall, on
the first day of every week in the year, deliver to the Municipality, a copy of
the records made, in addition to any sums so received as fines and licences
recovered under the provisions of this bylaw.
12.
DESIGNATION OF BYLAW ENFORCEMENT OFFICER:
12.1
For the purposes of this bylaw, the designated Bylaw Enforcement Officer
means any of the following:
a)
Bylaw Enforcement Officer
b)
Chief Administrative Officer
c)
R.C.M.P. Officers and Auxiliary members
13.
VIOLATION AND PENALTY:
13.1
Any Person who causes, permits or allows anything to be done in
contravention or violation of this Bylaw, or who neglects or fails to do
anything required to be done pursuant to this Bylaw, commits an offence
against this Bylaw and is liable upon summary conviction to pay a fine of not
more than $50,000, plus the costs of prosecution, and any other penalty or
remedy available under the Community Charter and Offence Act.
13.2
This Bylaw may be enforced by bylaw notice pursuant to the "Bylaw Notice
Enforcement Bylaw No. 2000, 2026" as amended or replaced.
13.3
Where an offence under this Bylaw is of a continuing nature, each day that
an offence continues, or is permitted to exist, constitutes a separate
offence.
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14.
INTERPRETATION ACT:
14.1
For purposes of this bylaw, any period of time expressed in days shall be
exclusive of any holiday as defined by the Interpretation Act. Where the time
limit or the date under this bylaw for any proceeding falls due on a day
when the offices of the District are not open to the public, the time so
limited shall extend to (and such things may be done on) the day next
following on which the offices are open to the public.
15.
SEVERABILITY:
15.1
If any provision of this Bylaw is determined by a court of competent
jurisdiction to be unlawful or unenforceable, that provision shall be severed
from this Bylaw and shall not affect the validity of any remaining provision of
this Bylaw.
16. ADMINISTRATIVE PROVISIONS:
16.1
This bylaw hereby repeals the "District of Ucluelet Animal Control and
Licensing Bylaw No. 803, 1999" and any amendments thereto in their
entirety.
READ A FIRST TIME this 28th day of April, 2026.
READ A SECOND TIME this 28th day of April, 2026.
READ A THIRD TIME this 28th day of April, 2026.
ADOPTED this 26th day of May, 2026.
____________________________
__________________________
Marilyn McEwen
Ed Chow
Mayor
Corporate Officer
THE CORPORATE SEAL of the District
of Ucluelet was hereto affixed in the
presence of:
Ed Chow, Corporate Officer
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Animal Control and Licensing Bylaw No. 2000, 2026
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Schedule "A"
Temporary Boarding Permit
Date: _________________________
Permit No: _____________
The District of Ucluelet hereby authorizes:
Name:
______________________________________
Address:
______________________________________
______________________________________
Phone:
______________________________________
Email:
______________________________________
To board the following breeding and/or show dog:
Full description:
______________________________________
______________________________________
______________________________________
In accordance with, and under the regulation of the "Animal Control and Licensing Bylaw
No. 2002, 2026" as amended or replaced.
Permit fees are charged in accordance with Schedule "A" to "District of Ucluelet Fees and
Charges Bylaw 1186, 2016" as amended or replaced.
__________________________________
Bylaw Enforcement Officer or
Authorized Representative