Animal Responsibility Bylaw — full text

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ANIMAL RESPONSIBILITY BYLAW BYLAW NO. 11-044 This consolidation is a copy of a bylaw consolidated under the authority of section 139 of the Community Charter. (Consolidated on July 28, 2022 up to Bylaw No. 22-073) This bylaw is printed under and by authority of the Corporate Administrator of the Corporation of the City of Victoria. 2 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. NO. 11-044 ANIMAL RESPONSIBILITY BYLAW A BYLAW OF THE CITY OF VICTORIA (Consolidated to include Bylaws No. 12-020, 12-021, 14-054, 18-050, 18-077, 21-092, 22- 011, 22-073) The purpose of this Bylaw is to consolidate, update, and introduce new regulations relating to animals. Contents PART 1 - INTRODUCTION 1 Title 2 Definitions 3 Application PART 2 - ADMINISTRATIVE DUTIES OF THE POUNDKEEPER 4 Appointing a poundkeeper 5 Keeping records 6 Monthly reporting 7 Money received PART 3 - ANIMAL WELFARE 8 Animal abandonment 9 Basic animal care requirements 10 Outdoor shelter requirements 11 Sanitation requirements 12 Tying animals 13 Animals in an enclosed space 14 Transport of animals in motor vehicles 15 Exercising dogs from a motor vehicle or bicycle 16 Animal performances 17 Traps 17A Animal Cruelty PART 4 - ANIMAL CONTROL 18 Animals on private property 19 Dogs in public places 20 Other animals in public places 21 Requirements for keeping bees 22 Secure enclosure of outdoor rabbits 23 Animals damaging public property 24 Animals chasing or harassing 25 Limits on the number of animals 26 Dogs in heat 27 Farm animals PART 5 - DANGEROUS DOGS 28 Designating dangerous dogs 29 Control of dangerous dogs 3 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. 30 Signage 31 Duties of a dangerous dog owner PART 6 - DOG LICENCES 32 Obtaining dog licences 33 Collars and licence tags PART 7 - ANIMAL NUISANCES 34 Noisy dogs 35 Animal waste 36 Feeding wildlife PART 8 - PET STORES 37 Sale of cats, dogs, and rabbits 38 [Repealed BL 22-011] 39 [Repealed BL 22-011] PART 9 - SEIZING AND IMPOUNDING ANIMALS 40 Authority to seize and impound 41 Releasing an animal before its arrival at the pound 42 Informing the owner of impoundment 43 Redeeming an animal from the pound 44 No liability for injury to animal 45 Disposition of unredeemed animals 46 Euthanization of impounded animals 47 Prohibition against breaking into pound 48 Prohibition against hindering the poundkeeper or officers PART 10 - PENALTIES AND ENFORCEMENT 49 Provision of information 49.1 Entering property for inspection 50 Offences PART 11 - GENERAL PROVISIONS 51 Severability 52 Repeal 53 Coming into force Schedule A - Dog Leash-optional Areas and Times Schedule B - Dogs-Prohibited Area in Beacon Hill Park Schedule C - Dangerous Dog Sign Schedule D - Fees Schedule E - Prohibited Wildlife Feeding Area Under its statutory powers, including sections 8(3)(k), 47 and 48 of the Community Charter, the Council of the City of Victoria enacts the following provisions: 4 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. PART 1 - INTRODUCTION Title 1 This Bylaw may be cited as the "ANIMAL RESPONSIBILITY BYLAW". Definitions 2 In this Bylaw "animal" means any member of the animal kingdom, other than a human being; "animal control officer" means a person designated as an animal control officer for the purposes of section 49 of the Community Charter; "cat" means any animal of the species Felis domesticus, regardless of age or sex; "chicken" means an animal of the species Gallus gallus domesticus; "dangerous dog" means a dog that has been designated as a dangerous dog under section 28; "dog" means any animal of the species Canis familiaris, regardless of age or sex; "farm animal" means any domesticated animal normally raised for food, milk or as a beast of burden and includes cattle, horses, swine, sheep, goats, mules, donkeys, asses and oxen but does not include poultry or bees; "guinea pig" means an animal of the species Cavia porcellus that is apparently over the age of twelve weeks old; 5 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. "keep" means to lodge, possess, have care and control of, harbour, board, or feed on a regular basis; "lot" has the same meaning as in the Zoning Regulation Bylaw; "motor vehicle" means a self-propelled vehicle other than a motorized wheelchair; "owner" in respect of any animal includes (a) a person possessing or harbouring the animal, and (b) a person who has care, custody or control of the animal, and "owns" has a corresponding meaning; "pet store" means the use of premises to offer to sell, or to sell, at retail wholesale, animals, except for animal shelters and commercial kennels "poultry" means any domesticated bird that is normally kept for its eggs, meat, or feathers, and includes chickens; "poundkeeper" means (a) the City employee appointed pursuant to section 4(a), or (b) the person under contract with the City to act as a poundkeeper pursuant to section 4(b), and includes the poundkeeper's assistants and, in the case of a contractor, employees. "rabbit" means an Eastern Cottontail rabbit or European rabbit, regardless of age or sex;" "self-contained dwelling unit" has the same meaning as in the Zoning Regulation Bylaw. 6 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Application 3 (1) Sections 18 to 20 do not apply to an animal control officer acting in the course of the officer's employment. (2) Sections 19(4), 32(3)(b) and 35(1) do not apply to a person with a disability with respect to a guide animal certified under the Guide Animal Act. (3) Sections 19(1), 19(4) and 32(3)(b) do not apply to a police officer with respect to a police dog. (4) Section 19 does not apply to a person with respect to a dog participating in a show, exhibition or performance that is being conducted in accordance with a permit issued by the Director of Parks, Recreation and Culture. (5) Section 19 does not apply to a dangerous dog. (6) Section 20 does not apply to peafowl in Beacon Hill Park. 3A (1) If, in the opinion of Council, application of any provision in Parts 4 or 7 of this Bylaw would result in undue hardship, Council may, by resolution, exempt a person or property from the application of that provision. (2) Council may impose terms and conditions as part of an exemption under subsection (1), including a time limit on the application of the exemption. PART 2 - ADMINISTRATIVE DUTIES OF THE POUNDKEEPER Appointing a poundkeeper 4 Council may (a) appoint, by resolution, an employee of the City to be a poundkeeper or poundkeeper's assistant, or (b) enter into an agreement with a qualified contractor to act as the poundkeeper and to manage a dog licensing program for the City. Keeping records 5 The poundkeeper must keep the following records for each impounded animal: (a) the date the animal was impounded; (b) a description of the animal; (c) if applicable, the place where the animal was seized; (d) if applicable, the name and address of the person who brought the animal to be impounded; 7 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. (e) if applicable, the name and address of the person who redeems the animal and, if the person who redeems the animal is not the owner, the name and address of the owner of the animal; (f) the date when the animal was redeemed or otherwise disposed of; (g) a description of the method of and reason for the disposition; (h) the amount of money, if any, recovered in respect of the animal. Monthly reporting 6 At the end of every month the poundkeeper must submit a report to the City, containing: (a) the information referred to in section 5; (b) a complete record of any dog bites which occurred in that month, including: (i) information concerning the severity of the bite; (ii) the breed of the dog; (iii) the name and address of the owner of the dog, if known; (iv) the name of the person bitten; and (v) the details of any charges under the Bylaw. Money received 7 (1) All money received by the poundkeeper pursuant to this Bylaw is the property of the City. (2) The poundkeeper, if not employed by the City, must once every month pay over to the City all money received. (3) On demand at any time during business hours, the poundkeeper must produce books of accounts and records for inspection by the Director of Finance or the Manager of Bylaw and Licensing Services. PART 3 - ANIMAL WELFARE Animal abandonment 8 The owner of an animal must not abandon the animal. Basic animal care requirements 9 The owner of an animal must ensure that the animal is provided with: 8 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. (a) clean, potable drinking water; (b) suitable food of sufficient quantity and quality to allow for normal growth and the maintenance of normal body weight; (c) clean and disinfected food and water receptacles that are located so as to avoid contamination by excrement; (d) the opportunity for regular exercise sufficient to maintain good health; and (e) necessary veterinary care when the animal exhibits signs of pain, injury, illness or suffering. Outdoor shelter requirements 10(1) An owner of an animal must ensure that the animal has protection from all elements and must not allow the animal to suffer from hyperthermia, hypothermia, dehydration, discomfort, or exertion causing unnecessary pain, suffering or injury. 10(2) A person must not keep an animal outside, unless the animal is provided with a shelter that provides (a) protection from heat, cold and wet that is appropriate to the animal's weight and type of coat, (b) sufficient space to allow the animal the ability to turn about freely and to easily stand, sit and lie in a normal position, and (c) protection from the direct rays of the sun. Sanitation requirements 11 A person must not keep an animal in a shelter, pen, cage or run unless the shelter, pen, cage or run is clean, sanitary and free from wild vermin. Tying animals 12 No owner shall cause, permit, or allow a dog: (a) to be hitched, tied, or fastened to a fixed object in such a way that the dog is able to leave the boundaries of the owner's property; (b) to be hitched, tied, or fastened to a fixed object where a choke collar forms part of the securing apparatus, or where a rope or cord is tied directly around the dog's neck; (c) to be tethered other than with a collar that is properly fitted to that dog and attached in a manner that will not injure the dog or enable the dog to injure itself by pulling on the tether; 9 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. (d) to be hitched, tied, or fastened to a fixed object except with a tether of sufficient length to enable the full and unrestricted movement of the dog; (e) to be hitched, tied, or fastened to a fixed object unattended at any time; or (f) to be hitched, tied, or fastened to a fixed object for longer than four hours within a 24 hour period. Animals in an enclosed space 13 (1) A person must not confine an animal in an enclosed space, vehicle or vessel unless the person provides sufficient ventilation and water to prevent the animal from distress. (2) If a person confines an animal in an enclosed space, vehicle or vessel that is stationary, the person must ensure that the space, vehicle or vessel is in an area providing sufficient shade to protect the animal from the direct rays of the sun at all times. Transport of animals in motor vehicles 14 A person must not transport an animal in a motor vehicle outside the passenger compartment or in an uncovered passenger compartment unless the animal is adequately confined or secured in a body harness or other manner of fastening that is adequate to prevent the animal from jumping or falling off the vehicle or otherwise injuring itself. Exercising dogs from a motor vehicle or bicycle 15 (1) A person must not exercise a dog by allowing it to run next to a moving motor vehicle. (2) A person must not exercise a dog by allowing it to run next to a bicycle unless the dog is attached to the bicycle by an apparatus that allows the person to retain two-handed control of the bicycle at all times. (3) Subsection (2) does not apply to a person exercising a dog in a leash-optional area if: (a) the dog is not being held; and (b) bicycle riding is allowed in the area. Animal performances 16 (1) A person must not operate or carry on a public show, exhibition, carnival or performance in which animals are required to perform tricks, fight or otherwise participate for the amusement or entertainment of an audience. 10 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. (2) Despite subsection (1), a person may operate or carry on: (a) an exhibition or performance involving horses or in which individuals ride horses or ponies; (b) an exhibition involving dogs; (c) a display or showing of animals in an agricultural fair or pet show; or (d) an event that is conducted in accordance with a permit issued by the Director of Parks, Recreation and Culture; if the person does not use or treat any animal in an inhumane manner for profit or advantage. Traps 17 A person must not use, set or maintain a trap or device that is designed to capture an animal by the foot or leg. Animal Cruelty 17A Notwithstanding any other provision of this Bylaw, no person shall: (a) tease, torment, or provoke any animal; (b) cause, permit or allow an animal to suffer; (c) train or allow any animal to fight other animals; or (d) choke, kick or punch an animal. PART 4 - ANIMAL CONTROL Animals on private property 18 (1) The owner of an animal must not allow the animal to be on any private lands or premises without the consent of the occupier or owner of the lands or premises. (2) Subsection (1) does not apply to a person who keeps bees. (3) A person may keep chickens only on the same lot where he or she resides. Dogs in public places 19 (1) The owner of a dog must not allow the dog to be in a public place unless the dog is firmly held on 11 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. (a) a leash not exceeding 2.4 m in length, or (b) a retractable lead not exceeding 8 m in length when fully extended, by a person competent to restrain the dog. (2) Despite subsection (1), the owner of a dog may allow the dog to be in a leash- optional area of a park shown on a map included in Schedule A without being firmly held if (a) the dog is in the area during the times listed in Column 2 of the table in Schedule A opposite the name of the park in Column 1, (b) the dog is under the effective control of a competent person, (c) the leash-optional area is not being used under a permit issued by the Director of Parks, Recreation and Culture, and (d) the leash-optional area has not been closed by the Director of Parks, Recreation and Culture. (3) For the purposes of paragraph (2)(b), a dog is under the effective control of a person if (a) the person can see the dog, and (b) when the person calls the dog, the dog returns to the person within three calls. (4) Despite subsection (1), the owner of a dog must not allow the dog to be in any of the following public places during the times specified: (a) all times in that part of Beacon Hill Park shown as a dogs-prohibited area on the map in Schedule B; (b) all times in Pioneer Square; (c) all times in Ross Bay Cemetery; (d) from June 1 to August 31 on Gonzales Beach; (e) all times in playground areas that (i) surround slides, swings, structures for climbing and other similar equipment for children's use, and (ii) are covered with sand, wooden chips or rubberized surfacing; (f) all times on the all-weather sports field, known as Finlayson Field, in Topaz Park. 12 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Other animals in public places 20 (1) The owner of a snake or other reptile must not allow the snake or other reptile to be in a public place unless the animal is securely confined in a cage or other container. (2) The owner of an animal other than a dog or reptile must not allow the animal to be in any public place unless the animal is under the direct control of a competent person. (3) An owner of a cat or rabbit must not cause the animal to be in a leash-optional area of a park shown on a map included in Schedule A. Requirements for keeping bees 21 (1) A person who keeps bees must (a) provide adequate water for the bees on the person's property, (b) maintain the bees in a condition that will reasonably prevent swarming, and (c) keep hives at least 7.6 m away from each property line, unless there is a solid fence or hedge at least 1.8 m tall parallel to the property line. (2) The Fence Bylaw applies to a fence erected in accordance with paragraph (1)(c). Secure enclosure of outdoor rabbits 22 A person must not keep rabbits in an outdoor pen, cage or run, unless the pen, cage or run is securely enclosed to prevent escape. Animals damaging public property 23 The owner of an animal must not allow the animal to damage or destroy any building, structure, tree, shrub, plant, or turf in a public place. Animals chasing or harassing 24 The owner of an animal must not allow the animal to chase, harass, molest, attack, injure or kill a person or animal. Limits on the number of animals 25 (1) No person may have on a lot more than six dogs or cats, or any combination of dogs or cats greater than six, except for dogs and cats that are younger than the age of 12 weeks. (2) No person may keep, or allow to be kept, at any one time, on a lot more than four rabbits or guinea pigs or any combination of rabbits and guinea pigs greater than four. 13 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. (3) No person may keep, or allow to be kept, at any one time, on a lot more than fifteen female chickens or other poultry, or any combination of chickens or other poultry greater than fifteen. (4) Subsections (1) and (2) do not apply to animals kept: (a) during business hours on premises where a registered veterinarian practices veterinarian medicine; (b) by an animal groomer, or an animal daycare where those uses are permitted in accordance with the Zoning Regulation Bylaw; or (c) at an animal shelter or in a veterinary hospital where those uses are permitted in accordance with the Zoning Regulation Bylaw. (5) For the purposes of subsections (1) and (2) each self-contained dwelling unit on a lot shall be considered a separate lot such that the limits provided for in those subsections apply to such self-contained dwelling unit provided that no animals are kept on the shared or common property or outside buildings located on the property. Dogs in heat 26 (1) Except as permitted by subsection (2), the owner of a female dog in heat must confine her within a building or kennel until she is no longer in heat. (2) The owner of a female dog in heat may allow the dog to leave the building or kennel in order to urinate or defecate on the person's private lands if the person (a) firmly holds the dog on a leash, and Farm animals (b) immediately returns the dog to the building or kennel upon completion of the urination or defecation. 27 (1) A person must not keep a (a) farm animal, (b) rooster, or (c) peafowl. (2) The prohibition in subsection (1) does not apply to: (a) a person who is licensed to operate a business using a horse drawn sightseeing vehicle pursuant to the Vehicles for Hire Bylaw with respect to horses used in the business; 14 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. (b) the Beacon Hill Farm Society with respect to farm animals and peafowl kept at the Beacon Hill Children's Farm; and (c) a person who brings a farm animal into the City for an event conducted in accordance with a permit issued by the Director of Parks, Recreation and Culture. PART 5 - DANGEROUS DOGS Designating dangerous dogs 28 (1) An animal control officer may designate a dog as a dangerous dog if the dog (a) bites a human or animal without provocation, (b) has a known propensity, tendency or disposition to attack a human or animal without provocation, or (c) has previously been designated as a dangerous dog and endangers the safety of a human or animal. (2) A designation under subsection (1) may be for any time period that an animal control officer considers appropriate, considering (a) the circumstances of the incident, (b) the severity of the incident, and (c) any previous incidents. (3) After designating a dog as a dangerous dog, an animal control officer must inform the owner of the dog in writing of (a) the designation and its length, and (b) the responsibilities of the owner of a dangerous dog. Control of dangerous dogs 29 (1) Except as allowed under subsection (2) and subject to subsection (3), the owner of a dangerous dog must not allow the dangerous dog to be in a public place or on any private lands and premises unless the dog is (a) firmly held by a person competent to restrain the dog on a leash not exceeding 2.4 m in length, and (b) properly fitted with a humane basket muzzle that allows the dog to pant and drink. 15 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. (2) A person may allow a dangerous dog to be in areas of private lands or premises that are exclusively owned or occupied by that person so long as the dog is securely confined (a) indoors, (b) on a deck that is no less than 3 m above ground level, or (c) in a rear yard and inside a pen, enclosure or fenced area that (i) is adequately constructed to prevent the dog from escaping, (ii) is locked to prevent casual entry by another person, and (iii) has been inspected and approved by an animal control officer. (3) A person must not allow a dangerous dog to be (a) on school grounds, (b) within 30 m of any playground apparatus, or (c) in any of the public places listed in section 19(4) during the times specified in that section. Signage 30 (1) The owner of a dangerous dog must display a sign in the form prescribed in Schedule C at each entrance to (a) the property and building in or upon which the dog is kept, and (b) any deck, pen, enclosure or fenced area used to securely confine the dog. (2) A sign displayed in accordance with subsection (1) must be (a) attached so that it cannot be removed easily by passersby, and (b) visible and capable of being read from any adjacent sidewalk, street or lane. (3) A person must not deface or remove a sign that is required to be displayed under subsection (1). Duties of a dangerous dog owner 31 The owner of a dangerous dog must (a) allow an animal control officer or the poundkeeper to photograph the dog, on demand, 16 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. (b) within two working days of moving to a new residence, provide an animal control officer or the poundkeeper with the owner's new address, (c) within two working days of selling or giving away the dog, provide an animal control officer or the poundkeeper with the name, address and telephone number of the new owner, (d) within two working days of the death of the dog, provide an animal control officer or the poundkeeper with a veterinarian's certificate of the death, and (e) immediately advise an animal control officer or the poundkeeper if the dog is loose or has bitten or attacked any person or animal. PART 6 - DOG LICENCES Obtaining dog licences 32 (1) The owner of a dog over the age of 4 months must hold a valid licence issued by the City for the dog. (2) Every licence expires on December 31 of the calendar year for which the licence is issued. (3) A person may obtain a licence for a dog by (a) applying to the City for a licence, and (b) paying the fee prescribed in Schedule D. (4) Despite paragraph (3)(b), a person may obtain a licence for a dog without paying the prescribed fee if (a) the dog has been sterilized within the 12 months prior to the application for a licence, the person provides proof of sterilization, and a free licence has not previously been issued for that dog under this subsection, or (b) the person holds a valid licence for the dog issued in another jurisdiction and surrenders the licence tag from the other jurisdiction. (5) A person who obtains a licence on or after March 1 must pay the late purchase fee prescribed in Schedule D in addition to the licence fee. (6) The late purchase fee provided for in subsection (5) does not apply to a person who obtains a licence for a dog that was purchased or acquired in the calendar year for which the licence is issued. (7) An owner may obtain a replacement licence tag if a valid licence tag is lost or destroyed by paying the fee prescribed in Schedule D. 17 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Collars and licence tags 33 (1) A licence consists of a written receipt and a licence tag designed to be attached to a dog collar. (2) The owner of a dog over the age of 4 months must not allow the dog to be anywhere except on premises normally occupied by the owner unless the dog wears a collar with a valid licence tag attached to the collar. (3) If a dog does not wear a collar to which the licence tag is attached in a conspicuous place, it shall be presumed not to be licensed until the contrary is proven. (4) A person must not remove a collar or licence tag from a dog, unless that person is (a) the owner, (b) a person authorized by the owner, (c) the poundkeeper, or (d) an animal control officer. PART 7 - ANIMAL NUISANCES Noisy dogs 34 In addition to the requirements of the Noise Bylaw the owner of a dog must not allow the dog to bark, howl or cry (a) continuously for ten minutes or more without significant periods of rest, (b) sporadically for a cumulative total of 15 or more minutes within 1 hour, or (c) otherwise in such a manner as to cause a nuisance. Animal waste 35 (1) The owner of a dog must not allow the dog to defecate (a) in a public place, or (b) on any private property other than the property of the owner unless the owner immediately removes the excrement and lawfully disposes of it. (2) A person who grooms an animal in a public place must remove and lawfully dispose of any hair or other debris that result from the grooming process. 18 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. (3) A person must not store, deposit, spread, or compost, or allow to be stored, deposited, spread, or composted, poultry manure on a lot except in accordance with subsection (4). (4) A person may store or compost poultry manure on a lot on which poultry is kept only if it is (a) stored in a single fully enclosed container that is not more than one metre by one metre by one metre in size; and (b) located at least three metres from the nearest property line. Feeding wildlife 36 (1) A person must not intentionally feed or leave food out for the purposes of feeding (a) deer, (b) raccoons, (c) squirrels, or (d) feral rabbits. (2) A person must not intentionally feed or leave food out for the purposes of feeding (a) rock doves (pigeons), (b) crows, or (c) gulls within the area outlined in black on the map in Schedule E. (3) Subsections (1) and (2) do not apply to a person who is engaging in hunting or trapping wildlife in accordance with the Wildlife Act and its regulations. (4) A person must not keep, or allow to be kept, any animal feed outside a building unless it is stored in a fully enclosed container that is capable of keeping out rats, raccoons, and other wildlife. PART 8 - PET STORES Sale of cats, dogs, and rabbits 37 (1) A pet store operator must not sell, offer for sale, advertise for sale, or display to the public, at retail or at wholesale, a cat, dog, or rabbit, except that these animals may be displayed to the public in accordance with section 37(2) (2) A pet store operator may display to the public a cat, dog, or rabbit, if they are being offered for adoption by a: 19 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. (i) municipal animal shelter, (ii) shelter or rescue organization that is a registered charity with the Canada Revenue Agency, or (iii) society registered under the BC Societies Act, other than a member- funded society. , (3) A pet store operator must not display a rabbit that is being offered for adoption unless the rabbit has been spayed or neutered Pet store register 38 1) In this section: "qualified organization" means an organization of a type described in section 37(2). (2) A pet store operator must keep and maintain a register in the pet store containing the following information for any cats, dogs, or rabbits displayed to the public in the pet store: (a) the name of the qualified organization, that is offering the cat, dog, or rabbit for adoption, (b) the date that the cat, dog, or rabbit was placed in the pet store for display to the public by the qualified organization, and (c) the date that the cat, dog or rabbit was removed from the pet store by the qualified organization. (3) A pet store operator must: (a) retain the information required under 38(2) related to each cat, dog, or rabbit in the register for at least 12 months after the cat, dog, or rabbit was removed from the pet store; (b) produce the register for inspection by an animal control officer or bylaw officer, and (c) provide copies of any entries required by an animal control officer or bylaw officer.", 39 [Repealed BL 22-011] PART 9 - SEIZING AND IMPOUNDING ANIMALS Authority to seize and impound 40 (1) An animal control officer may seize (a) a dog if the owner does not hold a valid licence for the dog as required by section 32(1), (b) an animal that is in a public place in contravention of sections 19, 20 or 29, (c) an animal that is on any private lands or premises without the consent of the occupier or owner of the lands or premises, or (d) an animal that is on unfenced land and not securely tethered or contained. 20 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. (2) The poundkeeper shall impound any animal seized under subsection (1) and delivered to the pound by an animal control officer and may impound any animal brought to the pound by any other person. Releasing an animal before its arrival at the pound 41 (1) If the owner or the agent of the owner appears and claims an animal that has been seized at any time before the animal has been taken to the pound, an animal control officer must release the animal to the owner or agent if the person (a) proves ownership of the animal to the satisfaction of the animal control officer or, in the case of an agent, satisfies the animal control officer of the agent's authority to redeem the animal, (b) pays any applicable licence fees, and (c) pays to the animal control officer half of the applicable impoundment fee set out in Schedule D. (2) Subsection (1) does not apply if the animal that has been seized is a dangerous dog. Informing the owner of impoundment 42 If the poundkeeper knows the name and address of the owner of an animal which has been impounded, the poundkeeper will inform the owner verbally or by mail within 24 hours of the impoundment. 21 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Redeeming an animal from the pound 43 (1) The owner of an impounded animal or the owner's agent may redeem the animal from the pound by (a) proving ownership of the animal to the satisfaction of the poundkeeper or, in the case of an agent, satisfying the poundkeeper of the agent's authority to redeem the animal, and (b) paying to the poundkeeper (i) any applicable licence fees, (ii) the applicable impoundment fees prescribed in Schedule D, (iii) the applicable maintenance fees prescribed in Schedule D for each day or part of a day that the animal was impounded, (iv) the costs of any special equipment, resources or boarding facilities required to seize, impound or maintain the animal, and (v) any veterinary costs incurred in respect of the animal during the impoundment period. (2) Despite subsection (1), the poundkeeper may detain a dangerous dog for a period of up to 14 days before allowing the owner or the owner's agent to redeem the animal. No liability for injury to animal 44 No provision of this Bylaw shall be construed as making the poundkeeper, an animal control officer or the City liable to the owner of any animal for injury to, sickness or death of the animal. Disposition of unredeemed animals 45 (1) An animal becomes the property of the City if it is not redeemed within 96 hours after (a) its impoundment, or (b) the expiration of an impoundment period set under section 43(2). (2) If an animal becomes the property of the City under subsection (1), the poundkeeper may (a) sell it on behalf of the City, (b) give it away, or (c) put it to death in a humane manner. 22 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Euthanization of impounded animals 46 The poundkeeper may have an impounded animal humanely euthanized at any time if (a) a registered veterinarian certifies that the animal is suffering from an infectious or contagious disease, or (b) the poundkeeper is satisfied that the animal has been so seriously injured that its death is imminent. Prohibition against breaking into pound 47 A person must not (a) break open or in any manner directly or indirectly aid or assist in breaking open the pound, (b) enter the pound without the permission of the poundkeeper, or (c) take or release any animal from the pound without the consent of the poundkeeper. Prohibition against hindering the poundkeeper or officers 48 (1) A person must not hinder, delay or obstruct (a) the poundkeeper, (b) an animal control officer, or (c) a bylaw officer in the performance of their duties under this Bylaw. (2) Without limiting the generality of subsection (1), a person must not (a) release an animal from a trap set by an animal control officer, or (b) tamper with, damage, move or remove a trap set by an animal control officer. PART 10 - PENALTIES AND ENFORCEMENT Provision of information 49 (1) If a person occupies premises where a dog is kept or found, the person must provide the following information when requested by an animal control officer, bylaw officer or police officer: (a) the person's name, address and telephone number; 23 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. (b) if the person is not the dog owner, the dog owner's name, address and telephone number; (c) the number of dogs kept on the premises; (d) the breed, sex, age, name and general description of each dog kept on the premises; (e) whether each dog kept on the premises is licensed. (2) If a person has apparent custody of a dog, the person must provide the following information when requested by an animal control officer, bylaw officer or police officer: (a) the person's name, address and telephone number; (b) if the person is not the dog owner, the dog owner's name, address and telephone number; (c) the place where the dogs owned or in the custody of the person are kept; (d) the breed, sex, age, name and general description of each dog owned or in the custody of the person; (e) whether each dog owned or in the custody of the person is licensed. Entering property for inspection 49.1 In accordance with section 16 of the Community Charter but without limiting section 49 of the Community Charter an animal control officer at reasonable times may enter onto and into real property to inspect and determine whether the requirements and prohibitions of this Bylaw are being complied with. Offences 50 (1) A person commits an offence and is subject to the penalties imposed by this Bylaw, the Ticket Bylaw, and the Offence Act if that person (a) contravenes a provision of this Bylaw, (b) consents to, allows, or permits an act or thing to be done contrary to this Bylaw, or (c) neglects or refrains from doing anything required by a provision of this Bylaw. (2) Each day that a contravention of a provision of this Bylaw continues is a separate offence. 24 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. PART 11 - GENERAL PROVISIONS Severability 51 Each section of this Bylaw shall be severable. If any provision of this Bylaw is held to be illegal or invalid by a Court of competent jurisdiction, the provision may be severed and the illegality or invalidity shall not affect the validity of the remainder of this Bylaw. Repeal 52 The following bylaws are repealed: (a) Bylaw No. 92-189, the "Animal Control Bylaw", and (b) Bylaw No. 79-89, the "Animal Protection Bylaw." Coming into force 53 (1) Except for Part 8, this Bylaw comes into force on the date of adoption. (2) Part 8 comes into force on January 1, 2012. READ A FIRST TIME the 21st AMENDED the 25th READ A SECOND TIME the 25th AMENDED the 13th READ A THIRD TIME the 13th ADOPTED on the 27th "ROBERT G. WOODLAND" "DEAN FORTIN" CORPORATE ADMINISTRATOR MAYOR day of July 2011 day of August 2011 day of August 2011 day of October 2011 day of October 2011 day of October 2011 25 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Schedule A Dog Leash-Optional Areas and Times (Section 19(2)) Column 1 Park Column 2 Times Alexander Park all days 6:00 a.m. - 10:00 a.m. & 4:00 p.m. - 10:00 p.m. Arbutus Park all days 6:00 a.m. - 10:00 p.m. Banfield Park all days 6:00 a.m. - 9:00 a.m. & 5:00 p.m. - 10:00 p.m. April 1 to Sept. 30 all days 6:00 a.m. - 10:00 p.m. Oct. 1 to March 31 Barnard Park all days 6:30 a.m. - 8:30 a.m. Beacon Hill Park all times Clover Point Park all times Fisherman's Wharf Park all days 6:30 a.m. - 8:30 a.m. Oaklands Park all days 6:30 a.m. - 9:00 a.m. Oswald Park all days 6:00 a.m. - 10:00 p.m. Pemberton Park all days 6:00 a.m. - 10:00 p.m. Redfern Park all days 6:00 a.m. - 10:00 a.m. & 4:00 p.m. - 10:00 p.m. Songhees Hilltop Park all days 6:00 a.m. - 10:00 p.m. 26 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Column 1 Park Column 2 Times Topaz Park - North leash-optional area Monday to Friday 6:00 a.m. - 10:00 a.m. & 4:00 p.m. - 10:00 p.m. Saturday & Sunday 6:00 a.m. - 8:00 a.m. & 5:00 p.m. - 10:00 p.m. Topaz Park - South leash-optional area all days 6:00 a.m.-10:00 p.m. Vic West Park all days 6:00 a.m.-10:00 p.m. 27 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Schedule B 29 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Leash-Optional Area Selkirk Water Arbutus Park 30 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Leash-Optional Area Banfield Park 31 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Leash- Optional Area Barnard Park No rth Barnard Avenue 32 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Beacon Hill Park North 33 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Leash- Optional Area Leash- Optional Area Clover Point Park - East 34 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. 35 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Leash-Optional Area Fisherman's Wharf Park 36 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Ryan Street Leash- Optional Area Kings Road Oaklands Park Victor Street Scott Street 37 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Leash- Optional Area Oswald Park 38 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Leash-Optional Area when outfield fence is not in place Pemberton Park 39 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Leash-Optional Area when outfield fence is in place Pemberton Park 40 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Bourchier Street Leash- Optional Area Leighton Road Redfern Park Lee Avenue Amphion Street 41 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Leash- Optional Area Songhees Hilltop Park 42 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. North Leash- Optional Area South Leash- Optional Area Topaz Park 43 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Leash- Optional Areas Victoria West Park Schedule B 44 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Dogs Prohibited Area Beacon Hill Park 45 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Schedule C Dangerous Dog Sign (Section 30(1)) WARNING DANGEROUS DOG ON PREMISES 46 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Schedule D Fees Dog licence fees (Section 32) Description Fee 1. Sterilized dog licence $30.00 2. Unsterilized dog licence $40.00 3. Late purchase $20.00 4. Replacement licence tag $5.00 Impoundment fees (Section 43(b)(ii)) Description Fee 5. Call out fee for all impounds conducted between 5:00 p.m. and 9:00 a.m. $50.00 6. Licensed dog (i) First impound (ii) Second impound (iii) Third and subsequent impound $50.00 $100.00 $150.00 7. Unlicensed dog (i) First impound (ii) Second impound (iii) Third and subsequent impound $100.00 $200.00 $300.00 8. Cat $25.00 47 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Description Fee 9. Bird, rabbit, rodent or other animal $10.00 Maintenance fees (Section 43(b)(iii)) Description Fee 10. Dog $15.00 11. Cat $10.00 12. Bird, rabbit, rodent or other animal $5.00 48 Bylaw current to July, 2022. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571. Schedule E Prohibited wildlife feeding area (Section 36(2))