Animal Control Bylaw No. 2001-01 (Office Consolidation to Bylaw 2012-29)
Whitehorse, Yukon
· adopted 2012-07-09
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Office Consolidation of
Animal Control Bylaw 2001-01
Consolidated to Bylaw 2012-29 passed July 9, 2012
Table of Contents
SHORT TITLE ................................................................................................................. 1
DEFINITIONS ................................................................................................................. 1
PROVISION OF NEEDS ................................................................................................. 5
UNSANITARY CONDITIONS PROHIBITED ................................................................... 6
DOG AND CAT LICENSES ............................................................................................. 6
KENNELS AND CATTERIES .......................................................................................... 8
APPLICATION FOR A PERMIT TO KEEP HENS ........................................................... 9
REVIEW OF APPLICATION FOR HEN PERMIT AND DECISION ............................... 10
KEEPING OF HENS AND COOPS ............................................................................... 10
POWERS OF DESIGNATED OFFICER REGARDING THE KEEPING OF HENS ....... 11
SPECIAL PERMITS ...................................................................................................... 12
GENERAL PROVISIONS .............................................................................................. 13
IMPOUNDMENT ........................................................................................................... 15
RABIES CONTROL....................................................................................................... 18
DANGEROUS DOGS .................................................................................................... 19
CRUELTY TO ANIMALS ............................................................................................... 23
INTERESTS OF PUBLIC SAFETY ............................................................................... 24
WILD ANIMALS ............................................................................................................ 24
EXOTIC ANIMALS ........................................................................................................ 24
TRAPS .......................................................................................................................... 24
ENFORCEMENT, SEARCH AND SEIZURE ................................................................. 24
APPEAL ........................................................................................................................ 25
PENALTIES .................................................................................................................. 25
GENERAL INTERPRETATION ..................................................................................... 26
REPEAL OF PREVIOUS LEGISLATION ...................................................................... 26
COMING INTO FORCE ................................................................................................ 26
Office Consolidation of
Animal Control Bylaw 2001-01
Consolidated to Bylaw 2012-29 passed July 9, 2012
Page 1
CITY OF WHITEHORSE
BYLAW 2001-01
A bylaw to provide for the control of animals
WHEREAS section 265 of the Municipal Act (1998) provides that council may pass
bylaws for municipal purposes respecting the control, health, and safety of, and
protection from, wild and domestic animals, including insects and birds; and
WHEREAS section 266 of the Municipal Act provides that council may in such bylaws
regulate, control or prohibit, and provide for a system of licences, inspections, permits or
approvals;
NOW THEREFORE the council of the municipality of the City of Whitehorse hereby
ENACTS AS FOLLOWS:
SHORT TITLE
1.
This bylaw may be cited as the "Animal Control Bylaw".
DEFINITIONS
2.
In this bylaw,
"ANIMAL" means traditionally domesticated animals including, but not limited to,
asses, cattle, cats, dogs, horses, mules, sheep and swine., and for the purposes
of the nuisance provisions of this bylaw, shall include hens and roosters. (Bylaw
2012-29 passed July 9, 2012)
"ANIMAL SHELTER" means those premises used by the City for the purpose of
impounding animals and includes those premises operated by a humane society
for the purpose of providing shelter to animals.
"ATTACK" means to set upon with force, and also means to seek to hurt or
defeat.
"CAT" means a male or female domesticated cat.
"CATTERY" means an establishment for the breeding and / or boarding of cats.
"CITY" means the City of Whitehorse.
"COOP" means a structure intended for the keeping of hens, the specifications
and requirements of which are set out in the Zoning Bylaw. (Bylaw 2012-29 passed
July 9, 2012)
Office Consolidation of
Animal Control Bylaw 2001-01
Consolidated to Bylaw 2012-29 passed July 9, 2012
Page 2
"DANGEROUS DOG" means any individual dog that:
(1)
Has bitten, injured, attacked or killed a domestic animal, without
provocation, on public or private property; or
(2)
Has bitten, injured, or attacked a human being, without provocation, on
public or private property; or
(3)
Is kept for the purpose of providing security or protection to persons or
property; or
(4)
Has shown the disposition or tendency to be threatening or aggressive.
(Bylaw 2004-19 passed January 10, 2005)
"DESIGNATED OFFICER" means an employee of the City of Whitehorse or an
authorised representative as designated by the City Manager. For purposes of
enforcement of this bylaw, a designated officer shall be a Peace Officer within
the meaning of the Criminal Code of Canada, and shall be deemed to be
employed for the preservation and maintenance of the public peace.
"DOG" means a male or female domesticated dog and an animal that is a
crossbred between a wolf and a dog.
"DOMESTICATED" means an animal that is tame in nature and that is
traditionally kept by or living with humans.
"EXOTIC ANIMAL" means an animal of a species or type that is not indigenous
to the Yukon and that in its natural habitat is usually found wild in nature.
"GOOD NEIGHBOUR CERTIFICATE" means a signed and dated document from
a registered animal training organization that certifies that the animal in question
has successfully passed a recognized and accredited course, and includes
equivalent documents such as "Good Canine Citizen" or other similar documents.
(Bylaw 2004-19 passed January 10, 2005)
"HEN" means a female domesticated chick or chicken, and for the purposes of
this bylaw shall not include ducks, geese, turkeys, pheasants, quail or other
poultry or fowl. (Bylaw 2012-29 passed July 9, 2012)
"HEN PERMIT" means a permit issued under this bylaw which authorizes the
keeping of not more than six hens on an urban residential property. (Bylaw 2012-
29 passed July 9, 2012)
"HUMANE SOCIETY" means an Official Animal Keeper as defined in the Animal
Protection Act, as amended.
"JUDGE" means one who is appointed to preside and to administer the law in a
Court of justice, and includes a Justice of the Peace.
"KENNEL" means an establishment for the breeding and /or boarding of dogs.
"KENNEL OPERATOR" means a person who owns or operates a kennel.
Office Consolidation of
Animal Control Bylaw 2001-01
Consolidated to Bylaw 2012-29 passed July 9, 2012
Page 3
"LICENSED VETERINARIAN" means a person licensed as a veterinarian or
licensed to provide veterinary services pursuant to the Business License Bylaw.
"LIVESTOCK" means an animal that is traditionally used or raised on a farm for
the production of food including, but not limited to, asses, cattle, horses, mules,
sheep and swine.
"MICROCHIP" means an encoded electronic device implanted in an animal by or
under the supervision of a veterinarian or other qualified person, which contains
a unique code number that provides owner information intended for storage in a
central database.
"MEDICAL HEALTH OFFICER" means a person appointed by the Commissioner
in Executive Council to act as a Health Officer.
"NEUTERED" means sexually sterile regardless of sex and includes a dog or a
cat that has been certified by a veterinarian as too old, or physically unable to be
neutered. (Bylaw 2004-19 passed January 10, 2005)
"NUISANCE ANIMAL" is defined by way of example but not of limitation as:
(1)
An animal which causes damage to the property of anyone other than its
owner, including but not limited to; getting into or turning over garbage
containers, damaging gardens, flowers and vegetables, or defecating on
the property of others or on any public property except in accordance with
section 58 of this bylaw.
(2)
An animal which is maintained in an unsanitary environment which results
in offensive odours or danger to the animal or to the public health, safety
or welfare; or an animal not maintained in a condition of good order and
cleanliness, thereby increasing the probability of the transmission of
disease.
(3)
An animal kept on an owner's property that is maintained in a manner that
is offensive, annoying or dangerous to the public health, safety or welfare
of the community because of the number, type, variety, density or location
of animals on the property.
(4)
An animal which is permitted or allowed to bark, whine, howl, crow, cackle
or otherwise make or cause noise in an excessive or untimely fashion so
as to interfere with the reasonable use and enjoyment of neighbouring
properties.
(5)
An animal that is maintained without adequate medical treatment and that
is diseased or dangerous to the public health.
(6)
An animal that chases, snaps at, or attacks, pedestrians, joggers,
bicycles, or other vehicles, or animals being walked on a leash.
Office Consolidation of
Animal Control Bylaw 2001-01
Consolidated to Bylaw 2012-29 passed July 9, 2012
Page 4
"OFF-LEASH AREA" means a designated area of land, identified by a sign
posted by the Designated Officer, within which dogs may run at large. (Bylaw
2004-19 passed January 10, 2005)
"OWNER" means any person, partnership, association or corporation that owns,
possesses or has control, care or custody over an animal.
"POULTRY" means any bird normally raised for food or egg production and,
without limiting the generality of the foregoing, includes chickens, ducks, geese,
turkeys, domestically reared grouse, partridge, pheasant or quail.
"PROPERTY" means land and improvements uniquely identified on the
Municipal Assessment Roll of the City.
"PROVIDE" means to fit out or furnish with what is needed; to make provision for
a present need, and make adequate preparation for a future need.
"RESIDENCE" means a person's dwelling place or place of habitation and
includes, but is not limited to an apartment, duplex, or suite in a house.
"ROOSTER" means a male domesticated chick or chicken. (Bylaw 2012-29 passed
July 9, 2012)
"RUNNING AT LARGE" means a situation where an animal is not on the property
of the owner and not on a leash under the control of a responsible person.
"SECURE ENCLOSURE" means an enclosed structure, building, cage or fenced
area of such construction that will not allow an animal to jump, climb, dig or force
its way out, or to allow the entry or access of unauthorized persons, and that has
four walls, a roof and a floor.
"SPECIAL NEEDS DOG" means any dog trained by a recognized and accredited
institution to provide assistance to persons with hearing or visual impairments,
physical disabilities, developmental or intellectual disabilities, or to assist persons
with other disabilities in the performance of daily activities. (Bylaw 2004-19 passed
January 10, 2005)
"SPECIAL PERMIT" means a permit to own more than the permitted number of
dogs or cats, or a combination of dogs and cats, as set out in the provisions of
this bylaw.
"TRAP" means any device or machine that shuts suddenly as with a spring and is
used for the capture of live animals.
"VETERINARIAN" means a person who holds a current license to practice
veterinary medicine in a province or territory. (Bylaw 2004-19 passed January 10,
2005)
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Animal Control Bylaw 2001-01
Consolidated to Bylaw 2012-29 passed July 9, 2012
Page 5
"VETERINARY CERTIFICATE" is a document signed and dated by a
Veterinarian attesting to the medical and/or physical condition of an animal.
(Bylaw 2004-19 passed January 10, 2005)
"WILD ANIMAL" means an animal belonging to a species indigenous to the
Yukon and not normally domesticated or tame in nature.
PROVISION OF NEEDS
3.
Every person who keeps an animal within the municipality shall provide the
animal or cause it to be provided with:
(1)
Clean, fresh drinking water available at all times, and suitable food of
sufficient quantity and quality to allow for normal, healthy growth and the
maintenance of normal, healthy body weight;
(2)
Food and water receptacles kept sanitary and located so as to avoid
contamination by excreta;
(3)
The opportunity for periodic exercise sufficient to maintain good health,
including the opportunity to be unfettered from a fixed area and exercised
regularly under appropriate control; and
(4)
Necessary veterinary medical care when the animal exhibits signs of pain,
illness or suffering.
4.
Every person who keeps an animal which normally resides outside, or which is
kept outside unsupervised for extended periods of time, shall ensure the animal
is provided with:
(1)
A total area that is at least twice the length of the animal in all directions;
(2)
A house or shelter that has sufficient space to allow the animal the ability
to turn around freely and lie in a normal position, and that will provide
protection from heat, cold and wet appropriate to the animal's weight and
type of coat.
5.
Every person who keeps an animal which normally resides outside, or which is
kept outside unsupervised for extended periods of time, shall regularly, and not
less than once weekly, clean and sanitize the area and remove all excreta from
the pen or run area where the animal normally resides or is kept outside
unsupervised for extended periods of time.
6.
No person shall cause an animal to be hitched, tied or fastened while unattended
by the owner to a fixed object where a choke collar, choke chain or pinch collar
forms part of the securing apparatus, or where a rope or cord is tied directly
around the animal's neck.
7.
No person shall cause an animal to be confined in an enclosed space, including
a motor vehicle, without adequate ventilation.
Office Consolidation of
Animal Control Bylaw 2001-01
Consolidated to Bylaw 2012-29 passed July 9, 2012
Page 6
8.
No person shall transport an animal outside the passenger compartment of any
motor vehicle or trailer unless the animal is adequately confined or unless it is
secured in a body harness or other manner of fastening which is adequate to
prevent the animal from falling off the vehicle or otherwise injuring itself.
(1)
In any prosecution or proceeding under this section, the registered owner
or operator, as applicable, of the motor vehicle or trailer shall be deemed
to be the owner of the animal, unless he proves to the satisfaction of the
Judge that at the time of the offence the motor vehicle was not being used
to transport the animal by him and that the motor vehicle was not being
used by any other person with his consent, express or implied.
9.
No person shall cause an animal to be muzzled unless it is in the immediate care
and control of the owner.
UNSANITARY CONDITIONS PROHIBITED
10.
No person shall keep an animal in an unsanitary condition within the municipality.
Conditions shall be considered unsanitary where the keeping of the animal
results in an accumulation of faecal matter, an odour, insect infestation or rodent
attractants which endanger the health of the animal or any person, or which
disturb or are likely to disturb the enjoyment, comfort or convenience of any
person in or about any dwelling, office, hospital or commercial establishment.
DOG AND CAT LICENSES
11.
No person shall own, possess or harbour a dog or cat over the age of six months
unless such dog or cat is licensed pursuant to the provisions of this bylaw except
in the following circumstances:
(1)
A service dog employed by the Royal Canadian Mounted Police; or
(2)
Dogs and cats under the care and protection of the Mae Bachur Animal
Shelter, but not including those dogs and cats fostered to outside
individuals.
(Bylaw 2004-19 passed January 10, 2005)
12.
The owner of a neutered dog or cat may apply for a lifetime dog or cat licence
and pay a licence fee as prescribed in the Fees and Charges Bylaw, and shall
thereafter identify the dog or cat either with a tag affixed to the dog or cat on a
collar, or an implanted microchip, proof of which shall be provided to the City.
(Bylaw 2004-19 passed January 10, 2005)
13.
The owner of an un-neutered dog or cat shall annually apply to the City for a dog
or cat license tag and pay the annual fee as prescribed in the Fees and Charges
Bylaw.
Office Consolidation of
Animal Control Bylaw 2001-01
Consolidated to Bylaw 2012-29 passed July 9, 2012
Page 7
14.
Where, during the current licence year, the owner of a dog or cat produces a
veterinary certificate certifying that such dog or cat has been neutered, the owner
shall be entitled to, without fee or refund of fee, a lifetime dog or cat licence.
(Bylaw 2004-19 passed January 10, 2005)
15.
No person shall use a dog or cat license tag on a dog or cat to which it is not
registered.
16.
Every dog or cat owner shall provide the following information to the City with
each application for a dog or cat license tag:
(1)
Name, street address, telephone number and postal address of the owner;
(2)
Name and description of the dog or cat to be licensed; and
(3)
Such other information as may be required by the City.
17.
Refusal to provide information pursuant to section 16 shall result in a license not
being issued.
18.
A dog or cat shall not be licensed as a neutered dog or cat unless the applicant
provides a veterinary certificate certifying that such dog or cat is neutered. (Bylaw
2004-19 passed January 10, 2005)
19.
Every person who becomes the owner of a dog or cat which is not currently
licensed in accordance with this bylaw shall, immediately upon becoming the
owner of the dog or cat, apply to the City for a dog or cat license tag, pay the
license fee prescribed and provide to the City the information required.
20.
Every person who becomes the new owner of a dog or cat that is currently
licensed in accordance with the provisions of this bylaw shall, within fifteen days
after becoming the owner of the said dog or cat, notify the City of the new
owner's name, street address, telephone number and postal address, and the
license tag number of the dog or cat.
21.
Licenses issued under this bylaw shall not be transferable from one dog or cat to
another, and no refund shall be made on any license fee because of the death or
disposal of the dog or cat, or upon the owner leaving the City before the
expiration of the license period.
22.
Upon payment of the prescribed fee and provision of the information required,
the City will issue to the owner a license tag with the year of issue and a number
stamped thereon.
(1)
In cases of licenses for special needs dogs and for dogs and cats fostered
to outside individuals from the Mae Bachur Animal Shelter, no license fees
shall apply. (Bylaw 2004-19 passed January 10, 2005)
23.
The owner of a dog or cat duly licensed under this bylaw may obtain a license
tag to replace a tag that has been lost upon payment of a fee as prescribed in the
Fees and Charges Bylaw.
Office Consolidation of
Animal Control Bylaw 2001-01
Consolidated to Bylaw 2012-29 passed July 9, 2012
Page 8
24.
Every dog or cat owner shall keep the license tag issued, or a replacement tag if
applicable, securely fastened to a collar or harness worn by the dog or cat at all
times.
25.
Every owner of more than two dogs for the purpose of maintaining a dog team
that is in existence at the time this bylaw comes into force shall apply to the
Manager of Bylaw Services in writing for an exemption from the licensing
provisions herein. Where the Manager of Bylaw Services provides such
exemption, the Owner shall pay the fee prescribed in the Fees and Charges
Bylaw for the owner of a dog team within the City.
(1)
No owner or any person in care and control of a dog team shall either park
or keep a dog team within a residential area of the City except in country
residential subdivisions as indicated in the City of Whitehorse Zoning
Bylaw. (Bylaw 2004-19 passed January 10, 2005)
(2)
For the purposes of facilitating their participation in special events such as
the Yukon Quest or the Yukon Sourdough Rendezvous, an owner or any
person in care and control of a dog team may, for a period not exceeding
five days, keep a dog team within the downtown area that encompasses
any part of the waterfront from the Second Avenue Extension to Robert
Service Campground, and from the waterfront to Sixth Avenue. (Bylaw
2004-19 passed January 10, 2005)
26.
The provisions of the license section of this bylaw shall not apply to owners
temporarily in the City for a period not exceeding two weeks.
27.
In any prosecution or proceedings for a contravention of the license requirements
of this bylaw, the burden of proof that an owner is not a resident and is
temporarily in the City for a period not exceeding two weeks shall rest upon the
owner.
KENNELS AND CATTERIES
28.
Every person who owns or operates a cattery or kennel shall obtain a license to
operate such cattery or kennel pursuant to the provisions of the Business
License Bylaw.
29.
Every person who owns or operates a kennel shall comply with the requirements
set out in A Code of Practice for Canadian Kennel Operations (Canadian
Veterinary Medical Association, September 1994).
30.
Every person who owns or operates a cattery or kennel shall comply with all
applicable bylaws of the municipality.
31.
Where an owner or operator of a cattery or kennel fails to comply with a bylaw of
the municipality, the licence may be suspended or revoked.
Office Consolidation of
Animal Control Bylaw 2001-01
Consolidated to Bylaw 2012-29 passed July 9, 2012
Page 9
32.
Every person who owns or operates a cattery or kennel shall permit a
Designated Officer, upon production of proper identification, to enter and inspect
the cattery or kennel at all reasonable times for the purpose of determining
compliance with this bylaw.
33.
A Designated Officer may enter and inspect the cattery or kennel under authority
of a search warrant.
34.
Where a Designated Officer finds that the owner or operator of a cattery or
kennel does not comply with any section of this bylaw, the Designated Officer
may direct that the animals be seized and impounded. All costs associated with
the seizing and boarding of the cats or dogs will be the responsibility of the
operator of the cattery or kennel.
35.
Notwithstanding the provisions of the licensing section of this bylaw, the holder of
a license to operate a kennel or cattery issued in accordance with the Business
License Bylaw shall, at the time the license is issued, be provided without
additional charge three of the license tags required under this bylaw.
APPLICATION FOR A PERMIT TO KEEP HENS
36.
A person shall not keep hens in urban residential areas of the City unless that
person:
(1)
is the owner of, and resides on, property included in Schedule "B"
attached hereto and forming part of this bylaw or, if such person resides
on property not owned by him, has written permission from the owner to
keep hens on the property;
(2)
makes an application to the City in a format as determined by the
Designated Officer and agrees, by providing his written authorization, to
the City circulating the application to property owners within three metres
on all sides of the applicant's property;
(3)
acknowledges by written declaration that he has read, understands, and
will follow the rules respecting the keeping of hens in the City which shall
be included in an information hand-out provided by the Designated Officer;
and
(4)
agrees in writing to update the City with any changes to the information
included in the application within 72 hours of such change.
(Bylaw 2012-29 passed July 9, 2012)
Office Consolidation of
Animal Control Bylaw 2001-01
Consolidated to Bylaw 2012-29 passed July 9, 2012
Page 10
REVIEW OF APPLICATION FOR HEN PERMIT AND DECISION
37.
Within seven days of receipt of an application for a hen permit, the Designated
Officer shall:
(1)
ensure that such application is complete and meets all requirements of the
bylaw;
(2)
if such application is not complete, or it contravenes a provision of the
bylaw, return the application to the applicant after which the applicant may
address such deficiencies and resubmit;
(3)
if such application is complete, and meets all requirements of the bylaw,
photocopy such application and provide it to property owners within three
metres on all sides of the property;
(4)
include with such application a request for the property owner's consent or
refusal to consent to the application, which shall be completed by the
property owner and returned to the Designated Officer by mail or in person
within 14 calendar days, the failure of which shall deem such property
owner to have consented to the application;
(5)
review the application and responses within 14 additional calendar days;
(6)
if all other requirements of the bylaw have been met and at least 60% of
the canvassed property owners have consented to the application,
approve the application and issue a permit to the applicant; and
(7)
if less than 60% of such property owners have consented to the
application, reject the application.
(Bylaw 2012-29 passed July 9, 2012)
38.
Despite any other provision of this bylaw, the decision of the Designated Officer
respecting the application for a hen permit is final and binding and shall not be
subject to appeal. (Bylaw 2012-29 passed July 9, 2012)
39.
Despite any other provision of this bylaw, the Designated Officer may refuse to
approve an application and issue a permit, or may revoke an existing permit for
the keeping of hens, if an applicant or a permit holder has been convicted of, or
has outstanding fines for more than one breach of this bylaw relating to the
keeping of hens. (Bylaw 2012-29 passed July 9, 2012)
KEEPING OF HENS AND COOPS
40.
Once a person has obtained a hen permit under this bylaw, such person shall not
keep any more than six hens on a property.
(1)
A permit holder may not at any time keep a rooster.
(Bylaw 2012-29 passed July 9, 2012)
Office Consolidation of
Animal Control Bylaw 2001-01
Consolidated to Bylaw 2012-29 passed July 9, 2012
Page 11
41.
A person who keeps one or more hens shall:
(1)
provide a coop which shall be constructed according to the requirements
and specifications of the Zoning Bylaw;
(2)
keep each hen in the coop at all times;
(3)
provide each hen with food, water, shelter, light, ventilation, veterinary
care, and opportunities for essential behaviours such as scratching, dust-
bathing, and roosting, all sufficient to maintain the hen in good health;
(4)
maintain each coop in good repair and sanitary condition, and free from
vermin and obnoxious smells and substances;
(5)
construct and maintain each coop to prevent any rodent from harbouring
underneath or within it, or within its walls, and to prevent entrance by any
other animal;
(6)
keep a food container and water container in each coop;
(7)
keep each coop securely closed at all times;
(8)
remove leftover feed, trash, and manure in a timely manner;
(9)
store manure within a fully enclosed structure, and store no more than
three cubic feet of manure at a time unless directed to remove and
dispose of such manure sooner by the Designated Officer;
(10)
remove and dispose of all other manure in accordance with the Waste
Management Bylaw;
(11)
keep hens for personal use only, and not sell eggs, manure, meat, or
other products derived from hens;
(12)
not slaughter, or attempt to euthanize, a hen on the property;
(13)
not dispose of a hen except by delivering it to the pound keeper, or to a
farm, abattoir, veterinarian, mobile slaughter unit, or other facility that has
the ability to dispose of hens lawfully; and
(14)
not keep a hen in a cage except when actively transporting the hen off of
the property.
(Bylaw 2012-29 passed July 9, 2012)
POWERS OF DESIGNATED OFFICER REGARDING THE KEEPING OF HENS
42.
All provisions of this bylaw relating to the powers of a Designated Officer shall
apply to the enforcement of the provisions respecting the keeping of hens
including, but not limited to, the power to demand information, the power to enter
and inspect property which shall include a coop, and the power to seize and
impound an animal which shall include a hen. (Bylaw 2012-29 passed July 9, 2012)
Office Consolidation of
Animal Control Bylaw 2001-01
Consolidated to Bylaw 2012-29 passed July 9, 2012
Page 12
SPECIAL PERMITS
43.
No owner shall keep, have or allow more than two dogs and two cats at any time
in or on a property zoned residential in the City of Whitehorse Zoning Bylaw
unless:
(1)
the property is zoned country residential under the Zoning Bylaw;
(2)
the property is a legal bed and breakfast establishment and the owners of
the dogs and cats are temporary residents of the City for a period not
exceeding two weeks; or
(3)
the property is zoned, or approved by the City to be used as, a multi-unit
residential dwelling in which case each dwelling unit shall be subject to the
maximum limit of two dogs and two cats.
(Bylaw 2012-29 passed July 9, 2012)
44.
Notwithstanding any other provision of this bylaw, the Manager of Bylaw Services
may issue a special permit authorizing the owner to keep, have or allow three
dogs or three cats in or on a property zoned residential in the Zoning Bylaw upon
receipt of a written application and payment of a non-refundable fee as set out in
the Fees and Charges Bylaw, and after conducting a review as follows:
(1)
The application shall be completed by the owner of the dogs or cats on a
form supplied by Bylaw Services, shall be accompanied by a "Good
Neighbour Certificate" or equivalent, and shall be submitted to the
Manager of Bylaw Services;
(2)
The application shall be reviewed by a Designated Officer who shall
proceed with home visits and neighbourhood enquiries of those properties
situated within a minimum of a one hundred metre radius of the applicant's
residence or such further area as deemed necessary by the Designated
Officer;
(3)
A written report and recommendation shall be completed by the
Designated Officer and submitted to the Manager of Bylaw Services; and
(4)
The Manager of Bylaw Services shall, within ten days upon receipt of the
report and recommendation, make a decision and thereafter shall serve
upon the applicant, or send by certified mail, written notice of the decision
which shall include a copy of the bylaw and the appeal provisions therein.
(Bylaw 2012-29 passed July 9, 2012)
45.
Any person who provides a foster home for an animal from the Humane Society
Yukon and who already possesses the maximum number of animals allowed
under section 43 shall be registered with the Designated Officer. A special
permit shall not be issued unless the Manager of Bylaw Services has received in
writing the consent of a representative of the residents of all households adjacent
to the person who will be fostering the animals.
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Animal Control Bylaw 2001-01
Consolidated to Bylaw 2012-29 passed July 9, 2012
Page 13
46.
Section 43 does not apply to a properly licensed kennel, cattery, veterinary clinic
or animal shelter, or a person who has a recognized and accredited special
needs dog that is registered with the Bylaw Services Department. (Bylaw 2004-19
passed January 10, 2005)
47.
No owner shall keep, have or allow more than four dogs and four cats at any time
in or on a property zoned country residential in the Zoning Bylaw unless a special
permit is obtained by the owner from the Manager of Bylaw Services, in which
case a maximum of six dogs and six cats may be permitted. (Bylaw 2012-29
passed July 9, 2012)
48.
A special permit shall not be issued pursuant to section 47unless the Manager of
Bylaw Services has received in writing the consent of a representative of the
residents of all households adjacent to the person making the application. (Bylaw
2012-29 passed July 9, 2012)
49.
Save and except for hens, no person shall own any poultry or pigeons in the City
except in designated country residential subdivisions as indicated in the City of
Whitehorse Zoning Bylaw. (Bylaw 2012-29 passed July 9, 2012)
50.
No person shall own, or permit on their property, any livestock in the City except
in designated Country Residential subdivisions identified in the City of
Whitehorse Zoning Bylaw. (Bylaw 2004-19 passed January 10, 2005)
51.
Notwithstanding the provisions of sections 43 and 45 of this bylaw, any person
within the municipal boundaries of the City who, at the time of passage of this
bylaw, owns more than the permitted number of licensed dogs and/or cats and is
in lawful possession of them, shall be permitted to continue to own more than the
permitted number of licensed dogs and/or cats, as the case may be, provided
that such owner obtains a special permit, and the owner shall not, until in
compliance with this bylaw,
(1)
Own any additional dogs or cats; or
(2)
Replace any dog or cat that is owned at the time of passage of this bylaw
and which dies or is sold or given away.
GENERAL PROVISIONS
52.
The granting of any license or permit under this bylaw shall not relieve any
person to whom such license or permit is issued from compliance with any other
bylaw of the City.
53.
Except in a designated off-leash area, no owner of a dog or cat shall permit such
dog or cat to run at large, and where such animal is found running at large, it
shall be deemed to be doing so with the consent of the owner.
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Animal Control Bylaw 2001-01
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Page 14
(1)
The Designated Officer may designate off-leash areas where dogs, except
dogs deemed dangerous or dogs being investigated as dangerous, are
permitted to run at large, and may designate areas where organized and
controlled canine events may be held, by causing signs to be posted
identifying such areas.
(2)
The owner of a dog lawfully running at large under this bylaw shall at all
times:
(a)
Keep the dog under control by verbal command;
(b)
Carry a leash not exceeding two metres in length;
(c)
Clean up after the dog; and
(d)
Ensure that the dog does not cause injury or damage to any
person, other animal, or to any property.
(Bylaw 2004-19 passed January 10, 2005)
54.
The fine issued for an offence contrary to section 53 herein shall increase for
second and subsequent offences by an owner.
55.
No owner of an animal shall permit such animal to be upon any public property
within the municipal boundaries of the City unless such animal is on a leash that
is held at all times by a person exercising control over the animal.
(1)
Notwithstanding any provision of this bylaw to the contrary, the
Designated Officer may designate park facilities or other areas where
dogs are prohibited by causing signs to be posted in such areas, in which
case all dogs except special needs dogs, shall be prohibited. (Bylaw 2004-
19 passed January 10, 2005)
(2)
Unless otherwise posted, where a pathway or sidewalk passes through an
area prohibited to dogs, dogs on a leash are permitted in such areas
provided they remain on the defined pathway or sidewalk and are not
running at large. (Bylaw 2004-19 passed January 10, 2005)
(3)
Where a special event is organized to take place in a prohibited area, an
application to vary these provisions may be made to the Manager of Parks
and Recreation or the Manager of Bylaw Services and written
authorization maybe given to vary the enforcement of section 55(1) of this
bylaw. Such authorization may include conditions related to cleaning up
and disposing of any defecation. (Bylaw 2004-19 passed January 10, 2005)
(4)
Where a special event is organized to take place, an application to vary
any of the provisions of the Animal Control Bylaw may be made to Bylaw
Services, and written authorization maybe given to vary any of the
provisions of the bylaw. Such authorization may include conditions as
deemed necessary by the Manager of Bylaw Services. (Bylaw 2004-19
passed January 10, 2005)
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Page 15
56.
Every owner of a female dog or cat in heat shall confine such animal within a
building or secure enclosure on the owner's property, or in a veterinary clinic or
boarding kennel, in such manner as to prevent the dog or cat from coming into
contact with a male dog or cat, as the case may be. Such confinement shall
continue for the whole period the dog or cat is in heat, except that the said dog or
cat may be released from such confinement for intentional breeding purposes
and for the purpose of defecating on the premises of the owner.
57.
No owner of an animal shall allow such animal to become a nuisance animal.
58.
No owner of an animal shall allow the animal to defecate on public land within the
City, or on private property other than the owner's. It is not a violation of this
section where the owner of an offending animal immediately cleans up and
properly disposes of the defecation.
59.
Where a special event is organized to take place in the City involving animals,
the Manager of Bylaw Services may give written authorization to an applicant to
vary the enforcement of section 58 of this bylaw, and may apply conditions to the
authorization for the purpose of ensuring that all defecation from the animals
involved is cleaned up and properly disposed of in a timely fashion.
60.
Failure by a person to comply with the conditions set out in writing by the
Manager of Bylaw Services pursuant to section 59 of this bylaw is an offence.
61.
No owner of an animal shall allow such animal to damage public or private
property and where an animal destroys private or public property it shall be
deemed to have been done with the owner's consent.
62.
No person shall interfere with or attempt to obstruct a Designated Officer who is
attempting to seize or who has seized any animal in accordance with the
provisions of this bylaw.
63.
No person shall destroy, damage or otherwise interfere with any trap installed by
a Designated Officer.
IMPOUNDMENT
64.
The City hereby authorizes the maintenance and operation of animal shelters on
those lands described as Lot 11, Group 804 and Lot 76, Plan 97-108, for the
purpose of impounding animals.
65.
A Designated Officer may seize any animal that is found running at large and
may impound such animal in an animal shelter. If the facilities available at the
animal shelter are unsuitable for such animal, the animal may be impounded in
such other facilities as in the opinion of the Designated Officer are reasonable.
66.
A citizen may catch or live trap and hold any animal that is found running at
large, using a trap provided by the Designated Officer, provided that:
(1)
The citizen demonstrates proficiency in using a live trap and in the care
and handling of an animal caught in a live trap; and
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(2)
A trap is not left unattended and is checked on an hourly basis; and
(3)
Trapped animals are turned over to a Designated Officer forthwith.
67.
Where an animal wearing a current City license tag or microchip is impounded,
the Designated Officer shall notify the owner of the impoundment where
reasonably possible, and shall further inform the owner of the conditions under
which custody of the animal may be regained.
68.
Where any licensed dog or cat is impounded under the provisions of this bylaw,
such dog or cat may be recovered by the owner within 72 hours of being
impounded on payment of the fees prescribed in the Fees and Charges Bylaw for
the impoundment and for feed and care for each day or portion thereof that the
animal was impounded.
(1)
If the dog or cat is seized after 6:00 p.m. on the last working day of the
week, the fees shall not be charged over the course of the weekend.
(2)
If the Designated Officer impounds any licensed dog or cat, an attempt
shall be made to physically return the dog or cat to the owner during the
same day. If the animal is brought to the Animal Control Shelter, and the
owner retrieves the animal before the completion of the hours of operation
for the day, except in the case where the owner has had an animal
impounded within the previous twelve month period, the owner will not be
charged under the bylaw and will not be required to pay any fees.
(Bylaw 2004-19 passed January 10, 2005)
69.
Where any dog or cat not wearing a current City license tag, including any dog or
cat exempt from licensing, is impounded under the provisions of this bylaw, such
dog or cat may be recovered by the owner within 48 hours after being impounded
on payment of the fee prescribed in the Fees and Charges Bylaw for the
impoundment and for feed and care for each day that the dog or cat was
impounded.
70.
The fee charged in relation to sections 68 and 69 herein shall increase for
second and subsequent offences by an owner.
71.
For the purposes of the impoundment provisions of this bylaw,
(1)
All provisions of this bylaw relating to impoundment shall apply to the
impoundment of hens. (Bylaw 2012-29 passed July 9, 2012)
(2)
Where more than one dog or cat owned by an owner is impounded at the
same time or at different times, each impoundment shall be considered to
be separate and consecutive; and
(3)
There shall be deemed to be a previous impoundment of the dog or cat if
the dog or cat, or any dog or cat owned by the owner, has been
impounded in the previous twelve months.
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Page 17
72.
The impoundment provisions of this bylaw shall not apply where an owner
voluntarily surrenders a dog or cat at the City operated Animal Shelter, and in
such case if the dog or cat is sold the fees for feed and care shall be as
prescribed in the Fees and Charges Bylaw.
73.
In addition to the impoundment fees required to be paid pursuant to this bylaw,
prior to the release of a dog or cat from impoundment the owner shall pay all
outstanding fines relating to any infraction against this bylaw.
74.
A fee for the feed and care of an impounded dog or cat shall not be charged with
respect to the day on which the animal is impounded provided that the animal is
recovered by its owner on the day of impoundment.
75.
Where an impounded dog or cat has not been recovered by the owner in
accordance with the provisions of this bylaw it may be destroyed or may be sold
to a person other than the owner, in which case the sale price shall be the
amount of the impoundment fee plus the fee for care and feeding.
76.
Where the ownership of an animal is known and the owner refuses to recover
that animal or pay all of the associated impoundment fees, that person is guilty of
an offence.
77.
Any animal, other than a dog or cat, impounded under the provisions of this
bylaw, may be recovered by the owner on payment of the actual costs of seizure
and impoundment together with the fees prescribed in the Fees and Charges
Bylaw for the impoundment and feed and care for each day or portion thereof
that the animal was impounded.
(1)
If such animal is seized after 6:00 p.m. on the last working day of the
week, the fees shall not be charged over the course of the weekend.
(Bylaw 2004-19 passed January 10, 2005)
78.
Any animal other than a dog or cat impounded under the provisions of this bylaw
may be recovered within five days of the date of impoundment.
79.
Where the ownership of an impounded animal other than a dog or cat can be
determined by a Designated Officer, the Designated Officer shall notify the owner
of the impoundment where reasonably possible, and shall further inform the
owner of the conditions under which custody of the animal may be regained.
80.
If the owner of any impounded animal other than a dog or cat cannot be found, or
if the owner of such animal does not recover the animal within the prescribed
recovery period and pay the prescribed fees and charges, then the City may
transfer ownership of the animal at public auction or otherwise, or may destroy
the animal.
(1)
When ownership of an animal has been transferred to another person, the
animal may be returned to the City within 14 days from the date of
adoption and all fees shall be refunded if:
(a)
The animal has developed a sickness, or
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Page 18
(b)
The new owner or a family member finds that they have a medical
condition that prevents them from keeping the animal.
(Bylaw 2004-19 passed January 10, 2005)
81.
The proceeds of any sale of an animal other than a dog or cat shall be applied
first to the impoundment fees and charges, then to the costs of the sale, and the
balance, if any, shall be paid to the owner if the owner is located or contacts
Bylaw Services within one year of the sale.
82.
Notwithstanding anything in this bylaw to the contrary, no dog or cat shall be
released from impoundment unless such animal, if required, is first licensed in
accordance with the provisions of this bylaw.
83.
Notwithstanding any other provisions of this bylaw, where in the judgement of a
veterinarian or the Medical Health Officer an impounded animal should be
destroyed for humane reasons, such animal shall forthwith be destroyed.
RABIES CONTROL
84.
Upon being brought to the notice of a Designated Officer, any unvaccinated
animal that bites a person may be seized by a Designated Officer in accordance
with the search and seizure provisions of this bylaw, and placed under
quarantine for a period of not less than fourteen days at the animal shelter. For
the purposes of this section, an animal shall be deemed to be unvaccinated
unless the owner provides a certificate acceptable to the City certifying that the
animal has received a vaccination that currently protects the animal from
contracting rabies. Such animal shall not be released from quarantine except
with the written approval of the Medical Health Officer, and before release such
animal shall be vaccinated at the owner's expense.
85.
The owner of any animal quarantined pursuant to the rabies control provisions of
this bylaw will be required to pay the prevailing keep fees for the entire duration
the animal remains in the animal shelter. All fees must be paid in full prior to the
animal being released to the owner.
86.
Where any animal has been quarantined pursuant to the rabies control
provisions of this bylaw and has not been retrieved by the owner within five days
of the completion of the quarantine period, the animal shall be deemed to have
been abandoned by the owner and may be disposed of by the City.
87.
The quarantine required under the rabies control provisions of this bylaw shall be
carried out at the Animal Control Shelter of the City or any other area so
designated by the Manager of Bylaw Services.
88.
Where any animal has been diagnosed as being rabid or is suspected by a
veterinarian or a Medical Health Officer as being rabid, or dies while under
quarantine, the Designated Officer shall immediately send the head of such
animal to a laboratory for pathological analysis, and the Designated Officer shall
notify the Medical Health Officer of any known human contacts and of the
diagnosis made of the suspected animal after pathological examination.
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Page 19
89.
Every animal bitten by a rabid animal shall forthwith be destroyed by direction of
a Designated Officer or, at the owner's option and expense, shall be treated for
rabies infection by a veterinarian.
90.
Except as provided in section 89, no person shall kill or cause to be killed any
rabid animal, any animal suspected of having been exposed to rabies, or any
animal which has bitten a human, nor remove such animal from the City without
written permission from a Designated Officer or the Medical Health Officer.
91.
Upon demand, the carcass of any dead animal that has been exposed to rabies
shall be surrendered to a Designated Officer or to the Medical Health Officer.
DANGEROUS DOGS
92.
Where a Designated Officer has reasonable grounds to believe a dog is a
dangerous dog, the Designated Officer shall provide a written report to the
Manager of Bylaw Services requesting that the dog be declared a dangerous
dog.
93.
Upon receipt of a written report as set out in section 93, the Manager of Bylaw
Services shall give written notice to the owner of the dog at least ten days in
advance of a decision on whether or not to declare the dog dangerous by serving
a notice upon the owner or by mailing same by certified mail to the last known
address of the owner. The notice shall include:
(1)
The written report of the Designated Officer;
(2)
A copy of the dangerous dog provisions contained in this bylaw; and
(3)
A statement that if the dog owner does not, within ten days of the receipt
of the notice, provide written reasons as to why the declaration should not
be made, a determination on whether or not to deem the dog dangerous
will be made without further notice.
94.
Where a written statement from the dog owner is received pursuant to section 93
herein, the Manager of Bylaw Services shall, within ten days of the receipt of the
statement, make a final determination with respect to declaring the dog
dangerous, and thereafter provide written notice of the decision to the owner of
the dog by serving the decision on the owner or by mailing the decision by
registered mail to the last known address of the owner.
95.
Where a written statement is not received from the dog owner within ten days
from the date of the written notice, the Manager of Bylaw Services shall forthwith
determine whether or not to declare the dog a dangerous dog.
96.
Sections 92 through 95 do not apply where there has been a conviction under
the dog bite provisions of this bylaw as set out in section 111 herein.
97.
Where a decision is made to declare a dog dangerous under the provisions of
this bylaw, the Manager of Bylaw Services shall notify the dog owner within thirty
days of the decision by serving a notice upon the owner of the decision or by
mailing same by registered mail to the last known address of the owner.
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Page 20
98.
Where notice is provided to a dog owner that a dog has been declared a
dangerous dog, the notice shall include an appeal form to be returned to the
Bylaw Services office within ten days. Upon receipt of an executed appeal form
from the dog owner, the Manager of Bylaw Services shall, within fifteen days, set
the matter down in Territorial Court for a determination as to whether the dog is a
dangerous dog.
99.
At the completion of a hearing in Territorial Court pursuant to section 96 of this
bylaw, the presiding Judge shall make a determination as to whether or not the
dog is to be deemed a dangerous dog.
100. Subject to section 105 herein, no person shall own a dangerous dog unless such
dog Is:
(1)
Confined within a secure enclosure, or unless such dog is securely
muzzled and leashed when outside that secure enclosure; and
(2)
Licensed with the municipality as a dangerous dog; and
(3)
Neutered.
101. At all times when off the owner's property, a dangerous dog shall be on a leash
not longer than one metre in length and under the control of a responsible person
over the age of eighteen.
102. A secure enclosure used to house a dangerous dog shall not be within one metre
of the property line or within three metres of a neighbouring dwelling unit.
103. Subject to section 105 of this bylaw, a sign shall be displayed at each entrance to
the property and building in which a dangerous dog is kept, warning in writing as
well as with a symbol that there is a dangerous dog on the property. This sign
shall be visible and legible from the nearest road or thoroughfare
104. Subject to section 105 of this bylaw, the owner of a dangerous dog shall have a
policy of liability insurance in force, satisfactory to the municipality, in the amount
of at least five hundred thousand dollars, to cover any future injuries caused by
the dangerous dog. This policy shall contain a provision requiring the City to be
named as an additional insured for the sole purpose that the insurance company
shall notify the City of any cancellation, termination or expiration of the policy.
105. The Manager of Bylaw Services shall have the discretion to modify the conditions
for owning and maintaining a dangerous dog, and any modified conditions shall
be set out in writing and include written reasons for the modified conditions.
106. A Designated Officer shall have the authority to make whatever inquiry is
deemed necessary to ensure compliance with the dangerous dog provisions of
this bylaw.
107. The City may not offer for adoption any dog that has been designated as
dangerous under this bylaw.
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Page 21
108. No owner of a dog shall permit the dog to bite any other dog that is on a leash,
and where a dog has bitten a leashed animal it shall be deemed to have done so
with the consent of its owner.
(1)
No owner of a dog shall permit such dog to bite, without provocation, any
other dog that is off leash, and where a dog has, without provocation,
bitten another unleashed dog it shall be deemed to have done so with the
consent of its owner. (Bylaw 2006-06 passed September 25, 2006)
109. No owner of a dog shall permit such dog to bite any person without provocation,
and where such dog has, without provocation, bitten any person it shall be
deemed to have been done with the consent of the owner. (Bylaw 2006-06 passed
September 25, 2006)
110. No owner of any dog shall permit such dog to bite, attack or harass any other
tethered animal or any animal or poultry which is on its respective private
property, and where such dog has bitten, attacked or harassed any animal or
poultry it shall be deemed to have been done with the consent of the owner.
111. Upon conviction of an offence contrary to sections 108, 108(1), 109 or 110 of this
bylaw, the dog set out in the complaint shall automatically be deemed a
dangerous dog, and said conviction shall serve as the notice required pursuant to
section 97 herein. (Bylaw 2006-06 passed September 25, 2006)
112. Every owner of a dangerous dog shall, within fifteen days of being deemed a
dangerous dog, cause the dog to be tattooed upon the ear or flank by a licensed
veterinarian with a combination of letters and numbers prescribed by the Bylaw
Services Department. Documented proof of such tattooing, duly certified by the
licensed veterinarian, and describing the breed of dog, its owner, and the
combination of letters and numbers aforementioned, shall be submitted to the
Bylaw Services Department within ten days following the tattooing.
113. Where a Judge is satisfied, upon evidence under oath, that there are reasonable
and probable grounds to believe that a dangerous dog is being kept in violation
of the dangerous dog provisions of this bylaw, the Judge may, by order,
authorize a Designated Officer to seize and impound the dog and set out in the
Order any conditions which the owner shall meet before the dog may be released
without further application to the Court.
114. Where a Judge is satisfied, upon evidence under oath, that there are reasonable
and probable grounds to believe that an animal is being kept in violation of this
bylaw and it is in the interest of public safety or necessary for the humane
treatment of the animal to do so, the Judge may, by order, authorize a
Designated Officer to seize and impound the animal and set out in the Order any
conditions which the owner shall meet before the animal may be released without
further application to the Court.
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Page 22
(1)
Where a Judge is satisfied, upon conviction of an offence under any
section in the bylaw, that there are reasonable and probable grounds to
believe that an offence under this bylaw may continue unless an animal is,
or animals are, impounded, the Judge may, by order, authorize a
designated officer to seize and impound the animal or animals and set out
in the order any condition which the owner shall meet before the animal or
animals may be released and may set out a time period within which the
owner must meet the conditions set out in the order. (Bylaw 2003-12 passed
April 14, 2003)
(2)
If the owner fails to meet the conditions set out in an order granted under
section 114(1) in the time period set out in the order, and the period for an
appeal has lapsed without an appeal being filed, the City may dispose of
the animal or animals that are the subject of the order in whatever manner
it sees fit, including the animal's destruction. (Bylaw 2003-12 passed April 14,
2003)
115. Upon demand being made by a Designated Officer, an owner who fails to
surrender a dog that is the subject of an impoundment order pursuant to section
113 or 114 of this bylaw commits an offence.
116. Where an animal is seized and impounded pursuant to section 113 or 114 of this
bylaw, an owner may apply to the court on three clear days notice to set aside
the order of impoundment.
117. Where an animal is impounded pursuant to sections 113 or 114 of this bylaw and
the owner fails to comply with the conditions set out in the order of impoundment,
or to make an application to the court pursuant to section 116 herein, within
seven days from the date of impoundment, the animal shall be destroyed.
118. Upon application being made by an owner for the return of an impounded animal,
the Judge shall confirm the order of impoundment unless the owner shows cause
why the impoundment of the animal is not necessary in the public interest.
119. Where a Judge is satisfied that the public interest does not require impoundment
of the animal, the Judge shall order the animal released into the care of its owner
upon such conditions as are reasonably necessary to ensure the protection of
the persons and property of others.
120. Where an animal has been released from impoundment pursuant to section 119
of this bylaw, and the owner breaches any condition imposed by the Judge as a
condition of the release, the owner will be deemed to have committed an offence.
121. Where the owner of an animal is charged with an offence under section 120 of
this bylaw, the prosecutor may make application to a Judge for an order returning
the animal to impoundment, and a Judge may order the animal impounded.
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Page 23
122. Where a dangerous dog dies or is sold or otherwise disposed of, the owner shall
notify a Designated Officer of the disposal, including the name and address of
the new owner if applicable, and in the case of death shall provide certification by
a licensed veterinarian or the carcass of the animal for inspection by a
Designated Officer. An owner who fails to comply with the requirements of this
section commits an offence.
123. Where an animal is impounded pursuant to a Judge's order, the owner shall bear
all costs related to the impoundment, and the failure by the owner to bear these
costs shall result in disposal of the animal in accordance with the provisions of
this bylaw, and the owner shall be deemed to have committed an offence.
124. Where a Judge is satisfied that in the public interest a dangerous dog should be
destroyed or otherwise disposed of, the Judge shall order the destruction or other
disposition at the expense of the owner.
CRUELTY TO ANIMALS
125. With the exception of the destruction of an animal pursuant to this bylaw by a
Designated Officer, abattoir or by a licensed veterinarian, no person shall kill,
maim, wound, poison, or injure an animal or hen. (Bylaw 2012-29 passed July 9,
2012)
126. No person shall place poison in such a position that it may easily be consumed
by animals or hens. (Bylaw 2012-29 passed July 9, 2012)
127. No person shall cause or permit to be caused, either directly or by neglect,
unnecessary pain, suffering or injury to an animal or hen. (Bylaw 2012-29 passed
July 9, 2012)
128. Notwithstanding any other provision of this bylaw, where a Designated Officer
considers it to be in the interest of public safety to do so, he may, with the
consent of the owner if the animal or hen is on the owner's property, or without
consent if the animal or hen is running at large, forthwith destroy any animal or
hen that is in contravention of this bylaw, whether or not such animal or hen is
deemed to have an aggressive or vicious temperament. (Bylaw 2012-29 passed
July 9, 2012)
129. Everyone commits an offence who:
(1)
Wilfully causes or, being the owner, permits another to cause unnecessary
pain, suffering or injury to a wild or domestic animal, including an insect or
bird; or
(2)
Abandons a domestic animal or bird in distress or wilfully neglects or fails
to provide suitable and adequate food, water, shelter and care for any
domestic animal or bird.
(Bylaw 2004-19 passed January 10, 2005)
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Page 24
INTERESTS OF PUBLIC SAFETY
130. Notwithstanding any other provision of this bylaw, where a Designated Officer
considers it to be in the interest of public safety to do so, he may, with the
consent of the owner if the animal is on the owner's property, or without consent
if the animal is running at large, forthwith destroy any animal that is in
contravention of this bylaw, whether or not such animal is deemed to have an
aggressive or vicious temperament.
131. A Designated Officer may enter upon any land for the purpose of securing or
seizing any animal to prevent the continuation of an offence or determine
ownership.
WILD ANIMALS
132. No person shall own a wild animal within the City except for the purpose of
exhibition in circuses, zoos, or educational institutions, and in accordance with
such regulations as shall be established from time to time by the City.
133. At the discretion of the Designated Officer, and in consultation with the authority
having jurisdiction, a person may be given permission to assist the authority in
the care and maintenance of an injured or recovering wild animal or bird.
EXOTIC ANIMALS
134. Every owner of an exotic animal shall register their animal with the City by
providing the following information for each exotic animal that is under their care:
(1)
Name, street address, postal code and telephone number of the owner;
(2)
Name and description of the exotic animal; and
(3)
Such other information as may be required by the City."
135. The Manager of Bylaw Services shall, within 30 days of registration, deliver in
writing to the registered owner of an exotic animal any conditions that the
Manager of Bylaw Services deems necessary for the proper care and
maintenance of the exotic animal. Failure by any person to comply with the
conditions placed on them pursuant to this section is an offence.
TRAPS
136. Unless provided with written approval from the Manager of Bylaw Services to do
so, no person shall use, set, or maintain a leg-hold trap, a killing trap, or a snare
within the municipal boundaries of the City. In no event may approval be issued
for use of such devices on an animal as defined in this bylaw.
ENFORCEMENT, SEARCH AND SEIZURE
137. The Designated Officer of the City shall enforce the provisions of this bylaw.
Office Consolidation of
Animal Control Bylaw 2001-01
Consolidated to Bylaw 2012-29 passed July 9, 2012
Page 25
138. Pursuant to the provisions of the Criminal Code of Canada, for any violation of
this bylaw, a justice may at any time issue a warrant authorizing a Designated
Officer who is named in the warrant to apply the search and seizure provisions of
the Criminal Code.
APPEAL
139. Any person who has applied for but failed to be granted a license or who has had
a privilege denied or revoked under the provisions of this bylaw may appeal the
denial or revocation in writing to Council within 30 days after the decision was
rendered, and Council may grant the request for reinstatement.
140. The right of appeal shall be barred and extinguished if not received in writing by
Council within the 30-day period set out in this bylaw.
PENALTIES
141. Any person who contravenes any provision of this bylaw is guilty of an offence.
142. Any person who commits an offence under this bylaw is, in addition to any other
punishment, liable on summary conviction to:
(1)
A voluntary fine under section 20 of the Summary Convictions Act, issued
in respect of an offence specified in Schedule "A" attached hereto and
forming part of this bylaw; or
(2)
A fine not exceeding ten thousand dollars ($10,000.00) where
proceedings are commenced pursuant to the summary conviction
provisions of the Criminal Code of Canada; or (Bylaw 2006-17 passed May 8,
2006)
(3)
A fine not exceeding five hundred dollars ($500.00) where proceedings
are commenced pursuant to the Summary Conviction Act of the Yukon.
(Bylaw 2006-17 passed May 8, 2006)
143. Where an offender is convicted of an offence under this bylaw, the Judge may, in
addition to any other measure imposed on the offender, order that the offender
pay restitution pursuant to section 738 of the Criminal Code of Canada, as
amended.
(1)
Where an accused is convicted of an offence under section 129 of this
bylaw, the court may, in addition to any other sentence, make an order
prohibiting the accused from owning or having the custody or control of an
animal or bird during any period not exceeding two years. (Bylaw 2004-19
passed January 10, 2005)
144. Should any person owning or occupying real property within the City refuse or
neglect to pay any penalties that have been levied pursuant to this bylaw, the
Designated Officer may inform such person in default that if these charges are
unpaid on the thirty-first day of December on the same year, these shall be
added to and form part of the taxes payable in respect of that real property as
taxes in arrears.
Office Consolidation of
Animal Control Bylaw 2001-01
Consolidated to Bylaw 2012-29 passed July 9, 2012
Page 26
GENERAL INTERPRETATION
145. The invalidity of any section, sentence, or provision of this bylaw shall not affect
the validity of any other part of this bylaw that can be given effect without such
invalid part or parts.
REPEAL OF PREVIOUS LEGISLATION
146. Bylaw 97-12, including all amendments thereto, is hereby repealed.
COMING INTO FORCE
147. This bylaw shall come into full force and effect on and from the second day of
January 2002.
FIRST READING:
August 13, 2001
AMENDMENT:
August 27, 2001
SECOND READING: August 27, 2001
THIRD READING and ADOPTION: August 27, 2001
ORIGINAL BYLAW SIGNED BY:
"Ernie Bourassa"
Ernest J. R. Bourassa, Mayor
"P. Burke"
P. Burke, City Clerk
Office Consolidation of
Animal Control Bylaw 2001-01
SCHEDULE "A"
VOLUNTARY FINES
Authority
Ticket Description of Offence
Penalty
Section 3(1)
Fail to have fresh drinking water/suitable food
$75.00
Section 3(2)
Clean food/water receptacles violation
$75.00
Section 3(3)
Fail to exercise animal
$75.00
Section 3(4)
Fail to have necessary Veterinary Medical Care
$200.00
Section 4(1)
Insufficient area for animal
$100.00
Section 4(2)
Fail to provide adequate outdoor shelter
$100.00
Section 5
Unsanitary outside area, pen or run
$100.00
Section 6
Secure unattended animal violations
$100.00
Section 7
Inadequate ventilation for confined animal
$200.00
Section 8
Transport unsecured animal
$100.00
Section 9
Muzzled animal left unattended
$75.00
Section 10
Animal left in unsanitary condition
$250.00
Section 11
Unlicensed dog/cat
$100.00
Section 15
Misuse of dog/cat license tag
$150.00
Section 20
Fail to notify City of new owner
$150.00
Section 24
No tags on dog/cat
$50.00
Section 36
Fail to make application to keep hens++
$75.00
Section 40
Keep more than six hens++
$75.00
Section 40(1)
Keep a rooster in an urban residential area++
$75.00
Section 41
Keep hens contrary to Animal Control Bylaw++
$75.00
Section 43
Keep more than two dogs/cats
$100.00
Section 47
Keep more than permitted number of dogs
$100.00
Section 49
Unauthorised poultry or pigeons
$75.00
Section 50
Unauthorized livestock in city
$75.00
Section 53
Dog/cat at large
$75.00
Section 53(1)
Deemed dangerous in off-leash area**
$150.00
Section 53(2)(a)-(d) Fail to keep dog under control**
$75.00
Section 54
Dog/cat at large (Second offence in 12 months)
$150.00
Section 54
Dog/cat at large (Third offence in 12 months)
$200.00
Section 55
Unleashed animal
$75.00
Section 55(1)
Allow dog in posted area**
$75.00
Section 56
Unsecured female dog/cat (in heat)
$100.00
Section 57
Nuisance animal
$150.00
Section 58
Animal defecation - public land or private property
$100.00
Office Consolidation of
Animal Control Bylaw 2001-01
Section 59
Fail to have written authorization for special event
$150.00
Section 60
Fail to comply with conditions set out in writing
$150.00
Section 61
Damage by animal - public or private property
$100.00
Section 62
Interfere with Officer
$500.00
Section 63
Destroy, damage, interfere with trap
$200.00
Section 76
Owner fails to recover animal/pay fees
$200.00
Section 90
Kill/remove rabid animal without permission
$150.00
Section 91
Non-surrender of rabies-exposed carcass
$200.00
Section 100(1)
Dangerous dog - not confined
$250.00
Section 100(2)
Dangerous dog - not licensed as dangerous
$250.00
Section 100(3)
Dangerous dog - not neutered
$250.00
Section 101
Dangerous dog - not on leash
$250.00
Section 102
Dangerous dog enclosure not properly placed
$250.00
Section 103
No/improper warning signs for dangerous dog
$250.00
Section 104
Fail to insure dangerous dog
$150.00
Section 108
Dog bite - animal
$150.00
Section 109
Dog bite - person
$200.00
Section 110
Dog bite - tethered /caged animal or poultry
$200.00
Section 112
Failure to tattoo dangerous dog
$200.00
Section 125
Kill, maim, wound, poison or injure animal
$250.00
Section 126
Placing of poison to be consumed by animals
$250.00
Section 127
Unnecessary pain, suffering or injury to an animal
$250.00
Section 132
Wild animal violation
$100.00
Section 134
Exotic animal violation
$100.00
Section 136
Set or maintain unauthorized trap
$200.00
** New items added pursuant to Bylaw 2004-19 passed January 10, 2005
++New items added pursuant to Bylaw 2012-29 passed July 9, 2012
Office Consolidation of
Animal Control Bylaw 2001-01
SCHEDULE "B"
LIST OF ZONES IN WHICH URBAN HENS ARE PERMITTED
Pursuant to the City of Whitehorse Zoning Bylaw, only single family or duplex
housing within the following urban zones shall be permitted to have hens.
1.
CM1 - Mixed Use Commercial
2.
RD - Residential Downtown
3.
RC2 - Country Residential 2
4.
RCS - Comprehensive Residential Single Family
5.
RCS2 - Comprehensive Residential Single Family 2
6.
RCS3 - Comprehensive Residential Single Family 3
7.
RS - Residential Single Detached