Attachment 5 Animal Control Bylaw No. 3670 tracked changes
THE CORPORATION OF THE CITY OF PORT COQUITLAM BYLAW NO. 3670 3990 A Bylaw to regulate the keeping of animals in the City and to provide for the operation of a Pound facility
WHEREAS under the provisions of the Community Charter, the Council is given broad powers has authority to regulate and prohibit the keeping of certain animals within the Municipality;, to provide for the licensing of animals and to provide for the seizure and impoundment of animals; AND WHEREAS it is considered both desirable and expedient to establish a pound, regulate the operations of the said Pound, and to regulate and prohibit the keeping of certain animals within the municipality; NOW THEREFORE the Municipal Council of the Corporation of the City of Port Coquitlam, in open meeting assembled, enacts as follows: The Council of the Corporation of the City of Port Coquitlam enacts as follows:
Formatted: Font: Italic Formatted: Font: Italic
1.
CITATION
1.1.1 This Bylaw may be cited for all purposes as the "Animal Control Bylaw, 20092017, No. 367039970”.
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
2. DEFINITIONS 2.1
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
In this Bylaw: Aggressive Dog means a Dog: (ia) a Dog with a known propensity, tendency or disposition to attack without provocation, cause injury or otherwise threaten the safety of humans or Domestic Animals; that has, without provocation, bitten, inflicted a minor injury or assaulted, pursued or harassed a person or another animal or has demonstrated a propensity, tendency or disposition to do so; or (iib) a Dog which has, without provocation, bitten, inflicted injury, assaulted, pursued or otherwise attacked a human or Domestic Animal; that the Animal Control Officer has reasonable grounds to believe is likely to cause injury to a human or another animal.
399670 1
(iii) a Dog which is owned primarily or in part for the purpose of Dog fighting or has been or is being trained for Dog fighting. Animal Control Officer means a person appointed by the Council from time to time for the purpose of enforcing this Bylaw, and includes a Bylaw Enforcement Officer; authorized to administer and enforce this Bylaw and includes: (a) a Bylaw Enforcement Officer; (b) the person appointed by Council to be the Bylaw Services Manager; and (c) any person appointed by resolution under section 4.1(b) of this Bylaw.
Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25"
At large means, : (a) in reference to a Domestic Animal other than a spayed or neutered Cat, that the an animal that is not in or upon on the premises of its Owner and is not under the care and control of its Owner, ; or (b) and, in the case of Dogs a Dog , that the a Dog that is not on the premises of its Owner and is either not secured on a leash to its Owner while off the property of its Owner;or is not under the care and control or its Owner while in an Off Leash Area.
Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
BC SPCA means the British Columbia Society for the Prevention of Cruelty to Animals;. Bylaw Services Manager means the person appointed as Bylaw Services Manager or the designate. Cat means any animal of the species felis domesticus irrespective of sex or age;catus. City means the lands within the municipal boundaries of the City of Port Coquitlam, or the Corporation of the City of Port Coquitlam, as the context may require;requires. Dangerous Dog means a Dangerous Dog as defined in the Community Charter;. Dog means any animal of the species canis familiaris. irrespective of sex or age; Dog Owner means any person who owns or has in his or her possession a Dog, or any person harbouring or allowing a Dog to remain about his or her house or premises; Domestic Animal means any animal tamed and kept as a domestic pet, and includes a Dog or Cat but does not include a Farm Animal. as defined in this Bylaw; Dwelling Unit means a single-family dwelling, townhouse, condominium, or apartment. Enclosure means a fence or structure at least 1.8 metres m in height,enclosed on all sides, lockabe, and suitable to confine an Aggressive Dog or Dangerous Dog and prevent the entry of young children. 399670 2
Formatted: Font: Bold Formatted: Font: Bold
Farm Animal means any cattle, horse, sheep, goat, swine, donkey, mule, or llama; , any fowl or poultry; , pigeon, any rabbit, hare, mink, or otter; and includes without limitation any other animal raised for food or for the use of humans., but does not include bees. Kennel means includes a parcel where four or more Dogs are kept;. Leash means a strap or cord of sufficient strength and design to restrain a Dog.
Formatted: Font: Bold
Minor Injury means a physical injury to a person or Domestic Animal that consists of pinches, minor localized bruising, scratches, or minor lacerations.
Formatted: Font: Bold
Muzzled means wearing a device that humanely secures the mouth of a Dog so as to prevent the Dog from biting.
Formatted: Font: Bold
Neutered Male Dog means any Dog of the male sex certified by a Veterinarian as unable to reproduce;. Off Leash Area means an area designated by the Director of Engineering & Public Works in which a Dog may be present without being secured by a Leash to a person.
Formatted: Font: Bold
Owner means any person who owns, keeps, harbours, or has in his or her possession or custody a Domestic Animal or Farm Animal, and includes, or any person harbouring or allowing a Domestic Animal to remain about his or her house or premises;. Permanent Identification means identification for a Domestic Animal or Farm Animal in the form of a visible tattoo or a microchip that contains the contact information of the Owner.
Formatted: Font: Bold
Pound means the premises, including land and buildings where animals impounded or received under this Bylaw are to be kept;. Poundkeeper means the person appointed from time to time under this Bylaw for the purpose of operating the Pound and enforcing and carrying out provisions of this Bylaw related to the impoundment of Dogs, other Domestic Animals, and Farm Animals;. Spayed Female Dog means any Dog of the female sex certified by a Veterinarian as unable to reproduce;. Veterinarian means any certified member of the Canadian Veterinarian Association. 3. ESTABLISHMENT OF POUND 3.1
The Council may by resolution from time to time designate premises, either within the City or within another municipality, as the City’s pound. 399670 3
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
Before designating premises within another municipality as the City’s pound, the Council shall first obtain consent to such designation from the Council of that municipality.
4.
4. APPOINTMENT OF POUNDKEEPER AND ANIMAL CONTROL OFFICERS 5.4.1
The Council may by resolution from time to time appoint:
(a) a Poundkeeper to operate and maintain the Pound for and on behalf of the City.; and (b) persons to administer and enforce this Bylaw. 6.4.2
The Poundkeeper has the following powers under this Bylaw: (a) to employ such employees and agents as the Poundkeeper deems necessary to enable it to carry out its powers and duties pursuant to this Bylaw; (b) to appoint employees or agents as assistant Poundkeepers for the purpose of fulfilling the requirements of this Bylaw; (c) to take into impoundment any Domestic Animal or Farm Animal found in a place or in such circumstances as to constitute a violation of this Bylaw; (d) to retain any impounded Domestic Animal or Farm Animal for the prescribed period unless the Domestic Animal or Farm Animal is sooner claimed by its Owner in accordance with this Bylaw; (e) where an impounded Domestic Animal remains unclaimed by its Owner for more than the prescribed period, to either cause the Domestic Animal to be destroyed or, and provided the Domestic Animal is not diseased and is not an Aggressive Dog or Dangerous Dog, to offer the Domestic Animal to the general public for adoption; (f) to issue Dog licences and to assess, levy and collect all fees, fines, charges and other amounts prescribed by this Bylaw; and (g) to administer and enforce the provisions of this Bylaw related to poundkeeping.
8.
Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.04" + Indent at: 0.29"
The Council may enter into an agreement with the Poundkeeper for the provision of poundkeeping and related services.
5. POWERS OF POUNDKEEPER 7.5.1
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
The Poundkeeper may refuse to accept a Domestic Animal for impoundment from any person other than an Animal Control Officer, Bylaw Enforcement Officer, or police officer unless he receives satisfactory proof that the Domestic Animal by its condition or its situation is subject to impoundment under the provisions of this Bylaw. 399670 4
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
6. FEES AND CHARGES 6.1 The scale of fees and charges applicable to services provided under this Bylaw is set out in the Fees & Charges Bylaw No. 3892, as amended from time to time.
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0", First line: 0"
DUTIES OF POUNDKEEPER 9.
The Poundkeeper has the following duties under this Bylaw: (a) to insure that all Domestic Animals kept in the Pound receive humane treatment, including: (i) adequate living conditions; (ii) adequate food and water, (iii) medication or veterinary treatment where necessary to protect other Domestic Animals in the Pound, provided that the requirement for veterinary treatment does not extend to the need to provide major surgical or life-saving procedures, (b) to maintain and make available upon request of the City, adequate records of all Domestic Animals impounded by the Poundkeeper and all Domestic Animals retained in the Pound; (c) to maintain the operation of the Pound from 9:00 a.m. to 6:00 p.m., seven days per week. (d) to remit to the City all fees, fines, charges or other monies collected pursuant to this Bylaw or in accordance with any agreement entered into pursuant to this Bylaw. (g) to verify that an impounded Dog is properly licensed before it is returned to its Owner.
10.
If the Poundkeeper should fail to perform any of the duties required of him or her by this Bylaw, or should perform the duties in a negligent or fraudulent manner, Council may, by resolution, rescind the appointment as Poundkeeper and appoint a successor to the position of Poundkeeper.
APPOINTMENT OF ANIMAL CONTROL OFFICER 11.
The Council may by resolution from time to time appoint one or more Animal Control Officers to administer and enforce the provisions of this Bylaw. 7.
POWERS OF ANIMAL CONTROL OFFICER
12.7.1 Pursuant to section 16 of the Community Charter An an Animal Control Officer may at all reasonable times enter on and inspect private property within the City in order to ascertain whether the provisions of this Bylaw is being complied with observed. 13.7.2 Where the Animal Control Officer identifies any Domestic Animal being kept contrary to this Bylaw, including any a Dog that is not licensed as required by this Bylaw, the Animal Control 399670 5
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Italic
Officer may impound such Domestic Animal the Dog or exercise any other authority granted to the Animal Control Officer by this Bylaw. 14.7.3 An Animal Control Officer, Bylaw Enforcement Officer or a police officer may, on behalf of the City, exercise the authorities in the Community Charter regarding Dangerous Dogs. as defined therein. 15.7.4 Where an Animal Control Officer determines that a Dog is an Aggressive Dog or a Dangerous Dog, the Animal Control Officer may by written notice order direct the Owner to keep the Dog confined to the Owner's property, or to property within the control of the Owner, and to comply with the other requirements of this Bylaw regarding Aggressive Dogs or Dangerous Dogs. 16.
Where an Animal Control Officer determines that a Domestic Animal is diseased and that such disease may pose a danger to other Domestic Animals, Farm Animals or humans, the Animal Control Officer may by written notice order the Owner of such Domestic Animal to keep the same confined to the Owner's property or to property within the control of the Owner;
17.
Where a person fails to comply with an order made by the Animal Control Officer pursuant to section 14 or 15 of this Bylaw, the Animal Control Officer may forthwith impound the Aggressive Dog or diseased Domestic Animal.
18.
Where an Aggressive Dog or diseased Domestic Animal is impounded pursuant to section 16 of this Bylaw, the Animal Control Officer shall, within 96 hours of such impoundment, apply to the Provincial Court for an order directing that the Aggressive Dog or diseased Domestic Animal be destroyed;
19.
Where an application to the Provincial Court is made pursuant to section 18 of this Bylaw, the Animal Control Officer shall provide the Owner of the Aggressive Dog or diseased Domestic Animal with not less than 24 hours written notice of the application date and time in order that the Owner may have the opportunity to speak to the application for an order for destruction;
20.
A notice issued pursuant to section 19 of this Bylaw shall be deemed to have been received by the Owner if served in accordance with the following procedures: (a) if the name and address of the Owner is known to the Animal Control Officer, by delivery of the notice by hand, by courier, or by registered mail to the Owner at that address; or (b) where the name and address is not known to the Animal Control Officer, by leaving a copy of the notice with any adult person at the address from which the Aggressive Dog or diseased Domestic Animal was seized and impounded or, where an adult is not present at that address, by affixing a copy of the notice to any entry door of the premises at such address;
399670 6
8.
CONTROL OF DOGS
21.8.1 Every Owner of a Dog shall prevent the Dog from being or running at large At Large.
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
22.8.2 Every Owner of a Dog shall keep the Dog from trespassing upon private property whether running at large At Large or held on a leash Leash secured to its Owner. 23.8.3 Where a Dog leaves or deposits any excrement on any public place or private property other than the property of the Owner, the Every Owner of a Dog shall immediately take steps to remove such excrement left or deposited by the Dog and dispose of it in a lawful and sanitary manner. 24.8.4 Every Owner of a female Dog in heat shall confine the Dog within the Owner's premises, within premises under the Owner's possession and control, or within an Enclosure contained within on the Owner's property. provided that such property is fenced or secured so as to prevent any Dog from gaining access to the Kennel. 8.5
No person may cause, permit, or allow an animal to be confined in an enclosed space, including a motor vehicle or boat, unless there is adequate ventilation.
Formatted: Font: Bold
9. OFF-LEASH AREAS 9.1
Formatted: Font: Bold
Every person who utilizes an Off Leash Area for their Dog shall comply with the requirements of this Bylaw and with the applicable regulations established and posted by the City at the Off Leash Area.
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0", First line: 0" Formatted: Font: Bold
9.2
When in an Off Leash Area, a Dog shall at all times be under the care and contril of a person responsible for the Dog(s).
Formatted: Indent: Left: 0", Hanging: 0.25"
9.3
No person shall at any time have custody of more than three (3) Dogs in an Off Leash Area.
Formatted: Font: Bold
9.4
An Owner of a Dog shall maintain visual contact with the Dog at all times when the Dog is in an Off Leash Area.
Formatted: Font: Bold
9.5
No Owner shall permit a female Dog that is in heat to be in an Off Leash Area.
Formatted: Font: Bold
9.6
No Owner shall permit an Aggressive Dog or a Dangerous Dog to be in an Off Leash Area.
Formatted: Font: Bold
9.7
If a Dog displays aggressive behavior toward a person or another Dog while in an Off Leash Area, the Owner of the Dog shall immediately secure the Dog to a Leash and remove the Dog from the Off Leash Area.
Formatted: Font: Bold
9.8
The Animal Control Officer may impound from an Off Leash Area any Dog that is not under the care and control of its Owner.
Formatted: Font: Bold
399670 7
Formatted: Font: Bold
Formatted: Font: Not Bold
10. 25.10.1
AGGRESSIVE DOGS
No person shall keep or own any diseased or Aggressive Dog within the City unless the Dog is kept sufficiently secured so as to prevent it from endangering the safety of any person or other animal. If an Animal Control Officer determines that a Dog by its behavior or tremperament is an Aggressive Dog as defined in this Bylaw, the Animal Control Officer may issue a notice of that determination to the Owner of the Dog.
26.10.2
No Owner of an Aggressive Dog shall permit or allow the Dog to be on any highway or in any public place or any other place that is not owned or controlled by that person, unless the Dog is secured on a leash to its Owner and muzzled to prevent it from biting another animal or a human. Upon receipt of a notice under section 10.1, the Owner of the Dog shall comply with the provisions of this Bylaw regarding Aggressice Dogs set out in sections 10.3 to 10.10.
27.10.3
Every Owner of an Aggressive Dog shall, at all times while the Dog is on the premises owned or controlled by such person, keep the Dog securely confined either indoors, or outdoors in an Enclosure that is kept locked at all times except when the Dog is being placed in or taken from the Enclosure. Every Owner of an Agressive Dog shall, within fourteen (14) days of receipt of a notice under section 10.1, cause the Aggressive Dog to be marked with Permanent Identification by a Veterinarian, and shall immediately forward the corresponding identification information to the Animal Control Officer prior to a licence being issued for that Aggressive Dog.
28.10.4
Every person who owns, keeps, or has custody or control of an Aggressive Dog shall immediately notify an Animal Control Officer, Bylaw Enforcement Officer, the Poundkeeper, or a police officer when that Dog is at large. Every Owner of an Aggressive Dog shall, at all times while the Dog is on the premises owned or controlled by such person, keep the Dog securely confined either indoors, or outdoors in an Enclosure that is kept locked at all times except when the Dog is being placed in or taken from the Enclosure.
29.10.5
Subject to section 14, if an Animal Control Officer or Bylaw Enforcement Officer receives sufficient evidence that a Dog by its behaviour or temperament qualifies as an Aggressive Dog as defined in this Bylaw, the Animal Control Officer or Bylaw Enforcement Officer may issue a corresponding notice of designation to the Owner of the Dog. No Owner of an Aggressive Dog shall permit or allow the Dog to be on any highway or in any public place or any other place that is not owned or controlled by that person, unless the Dog is secured to a responsible adult on a non-retractable Leash that is no more than 1.2 m in length.
30.10.6
Upon receipt of a notice under the preceding section, the Dog Owner shall comply with the provisions of this Bylaw regarding Aggressive Dogs. No Owner of an Aggressive Dog shall permit the Aggressive to be in any area designated by the City as an Off Leash Area.
31.10.7
An appeal from a designation made under section 29 lies to the Council or to a duly authorized subcommittee of the Council. No person shall keep or own any Aggressive Dog 399670 8
Formatted: Left, Indent: Left: 0", Hanging: 0.5", Allow hanging punctuation, Font Alignment: Auto, Tab stops: Not at 0.75" + 1.17" + 1.67" + 3.42" + 4.08" + 4.42" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
within the City unless the Dog is kept sufficiently secured so as to prevent it from endangering the safety of any person or other animal. 10.8
Every person who owns, keeps, or has custody or control of an Aggressive Dog shall immediately notify an Animal Control Officer, the Poundkeeper, or a police officer when that Dog is At Large.
10.9
Every Owner of an Aggressive Dog shall notify the Animal Control Officer in writing within three (3) days should the Aggressive Dog pass away, be sold, transferred, or gifted.
10.10 Every Owner of an Aggressive Dog who transfers ownership of the Aggressive Dog to another person shall provide the recipient with all notices received under this Bylaw. Aggressive Dogs requiring Muzzling
Formatted: Font: Italic
10.11 If an Animal Control Officer determines that a Dog is an Aggressive Dog that has without provocation, bitten, inflicted minor injury, assaulted, pursued or harassed a person or another animal on more than one occasion,; or believes the circumstances warrant, the Animal Control Officer may issue a notice that the Dog, in addition to all other requirements applicable to Aggressive Dogs, shalle be muzzled whenever the Dog is in a public place.
Formatted: Font color: Red
10.12 No Owner of an Aggressive Dog for which a notice under section 10.11 has been issued, may allow that Aggressive Dog to be unmuzzled in a public place. Applications to be Relieved from Aggressive Dog Requirements
Formatted: Font: Italic
10.13 The Owner of an Aggressive Dog may, no sooner than twelve (12) months after receipt of a notice under section 10.1 or section 10.11 of this Bylaw, apply in writing to the Animal Control Officer for relief from one or more of the conditions of this Bylaw applicable to the keeping of Aggressive Dogs. 10.14 Upon receipt of a written application under section 10.13, the Animal Control Officer or Bylaw Services Manager may, having regard to the circumstances, grant relief from one or more of the conditions of this Bylaw applicable to the keeping of Aggressive Dogs, provided that: (a) there have been no further incidents of aggression by the Dog in the period since the issuance of a notice under section 10.1 or section 10.11 of this Bylas; (b) the Dog has not, in the same period, given the Animal Control Officer any grounds to believe that the Dog is likely to cause injury to an animal or a human; and (c) proof and documentation is provided that the Owner of the Dog has successfully completed a course by a recognized and accredited institution or trainer to address the Dog’s aggressive behavior.
Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
Formatted: Indent: Left: 0", First line: 0"
10.15 If a Dog for which relief has been granted pursuant to section 10.13 is involved in a subsequent incident that qualifies it as an Aggressive Dog, and a corresponding notice is issued by the 399670 9
Animal Control Officer, no further relief shall be granted from the conditions of this Bylaw applicable to the keeping of Aggressive Dogs. 11.
DANGEROUS DOGS
11.1
If an Animal Control Officer determines that a Dog by its behavior or temperament qualifies as a Dangerous Dog, the Animal Control Officer may, in addition to any action taken under the Community Charter, issue notice of that determination to the Owner of the Dog.
11.2
Upon receipt of a notice under section 11.1, the Owner of a Dangerous Dog shall comply with the provisions of the Bylaw regarding Dangerous Dogs.
11.3
Every Owner of a Dangerous Dog shall post a clearly visible sign in the form shown as Schedule A at all points of entry onto any premises where the Dangerous Dog is being kept, temporarily or permanently, and ensure that the signs so posted are maintained in a legible condition.
11.4
On the first day that City Hall is open for business: (a) after a notice has been issued regarding a Dangerous Dog; (b) after a person becomes the Owner of a Dangerous Dog; or (c) after an Owner requests the release of a Dangerous Dog in accordance with an order of the court;
Formatted: Font: Italic
Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
the Owner of the Dangerous Dog shall attend at City Hall and pay the annual licence fee for the Dangerous Dog and have the Dangerous Dog photographed by the Animal Control Officer, who shall retain the photograph at City Hall for identification purposes. 11.5
Every Owner of a Dangerous Dog shall notify the Animal Control Officer in writing within three (3) days should the Dangerous Dog pass away, be moved, sold, gifted or transferred to another person.
11.6
Every Owner of a Dangerous Dog who transfers ownership of a Dangerous Dog to another person, shall provide the recipient with copies of all notices received under this Bylaw.
11.7
Every Owner of a Dangerous Dog shall, within three (3) days of receipt of a notice under section 11.1 of this Bylaw, cause the Dangerous Dog to be marked with Permanent Identification by a Veterinarian, and shall immediately forward the corresponding identification information to the Animal Control Officer prior to a licence being issued for that Dangerous Dog.
11.8
Every Owner of a Dangerous Dog shall, at all times while the Dog is on the premises owned or controlled by the Owner, keep the Dog securely confined either indoors, or outdoors in an Enclosure that is kept locked at all times except when the Dog is being placed in or taken from the Enclosure. 399670 10
Formatted: Indent: Left: 0", Hanging: 0.5"
11.9
No Owner of a Dangerous Dog shall permit or allow the Dog to be on any highway or in any publing place or any other place that is not owned or controlled by that person, unless the Dog is muzzled and secured to a responsible adult on a non-retractable Leash that is no more than 1.2 m in length.
11.10 The Owner of a Dangerous Dog shall ensure that the Dog does not; (a) (b) (c) (d)
chase, injure or bite a person; chase, injure or bite a Domestic Animal or a Farm Animal; run or be At Large; or damage private or public property.
Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
11.11 The Owner of a Dog that is seized by the Animal Control Officer as a Dangerours Dog pursuant to the Community Charter and held in custody by the City pending an application for a destruction order shall pay the impoundment and daily board fees established and prescribed by this Bylaw.
Formatted: Indent: Left: 0", Hanging: 0.5"
11.12 If an application by the City pursuant to the Community Charter does not result in the granting of a destruction order for a Dangerous Dog, and custody of the Dangerous Dog is returned to a person, that person shall immediately comply with the provisions of this Bylaw regarding Dangerous Dogs.
Formatted: Font: Italic
11.13 A Dangerous Dog shall not be released to its Owner until the Owner has paid all fees incurred in relation to the Dangerous Dog and the Animal Control Officer has verified compliance with sections 11.4 and 11.7 of this Bylaw. 11.14 No person who has not attained the age of eighteen (18) years shall possess or have custody of a Dangerous Dog while the Dog is off the property of its Owner. 11.15 Every person who owns, keeps, or has custody of a Dangerous Dog shall immediately notify and Animal Control Officer, the Poundkeeper, or a police officer when that Dog is At Large. 11.16 No Owner of a Dangerous Dog shall permit the Dog to be in any area designated by the City as an Off Leash Area.
12.
LICENSING OF DOGS
32.12.1
No person shall own, keep, or possess within the City any Dog over the age of six (6) months unless a current licence has been issued for the Dog pursuant to this Bylaw.
12.2
No Dog licence shall be issued to any person who has not attained the full age of eighteen (18) years.
399670 11
Formatted: Font: Italic
33.12.3
Every Owner of a Dog shall, on or before March February 1st of each year or as soon thereafter as such Dog shall attain the age of six (6) months, apply to the City or the Poundkeeper to license the Dog for that calendar year.
12.4
Every Owner of a Dog shall, within thirty-one (31) days of acquiring the Dog or within thirtyone (31) days of the Owner having established residence in the City, apply to the City or the Poundkeeper to licence the Dog for that calendar year.
34.12.5
The City shall maintain a record of each Dog licence issued, and for the purpose of identification, such record shall include: the name of the Owner; the address of the Owner; phone number of the Owner and a general description of the Dog including the sex, colour, breed if known; and the name given to the Dog by the Owner.
12.6
Except as otherwise provided by this Bylaw, every application for a licence shall be accompanied by a licence fee as prescribed by the Fees & Charges Bylaw No. 3892 as amended from time to time.
Formatted: Font: Bold
12.7
Where the Owner of a Dog that is licensed under this Bylas sells, gives away, or otherwise disposes of the Dog, and ceases to be the Owner of the Dog, the licence for that Dog is automatically cancelled unless the licence is transferred to a new Owner as provided by this Bylaw.
Formatted: Font: Bold
12.8
An Owner who acquires a licensed Dog from another Owner or who moves to the City with a licensed Dog from another jurisdiction and who applies to license the Dog under this Bylaw may have the licence fee waived upon surrender of the Dog’s licence tag for the same year issued by another jurisdiction or to a previous owner. The new licence shall expire at the end of the current calendar year as provided in this Bylaw.
Formatted: Font: Bold
12.9
Every person applying for a licence for a Neutered Male Dog or Spayed Female Dog shall present to the City a certificate in writing from a Veterinarian certifying that the Dog is unable to reproduce.
Formatted: Font: Bold
12.10 Every person who obtained a licence for an unneutered male Dog or unsprayed female Dog may, before the expiration of the licence period and within six (6) months of the purchase of the licence, present to the City a certification from a Veterinarian certifying that the Dog is unable to reproduce, in which case the Owner shall be entitled to a refund of the difference between the fee charged for a spayed or neutered Dog and the fee charged for a Dog which is not spayed or neutered.
Formatted: Font: Bold
35.
Every application for a licence shall be accompanied by a licence fee as follows: (a) For each Neutered Male Dog or Spayed Female Dog, a fee of $32.00; (b) For all other male or female Dogs, a fee of $80.00.
399670 12
Formatted: Font: Bold
Formatted: Font: Not Bold
36.
For licences applied for after March 1st of any year, a $15.00 penalty fee will be assessed in addition to the fees prescribed in section 35, provided that such a penalty will not apply where: (a) satisfactory evidence is provided to confirm that the Dog for which the licence is sought attained the age of six (6) months within 30 days of the application date; or (b) satisfactory evidence is provided to confirm that the Owner established residence in the City within 30 days of the application date; or (c) satisfactory evidence is provided to confirm that the Dog for which the licence is sought was acquired by the Owner within 30 days of the application date.
37.
No licence fee shall be charged to the Owner of a certified guide Dog or certified assistance Dog.
38.
Where an Owner has taken up residence in the City within the current year and possesses a Dog that is currently licensed in another jurisdiction, the Owner shall be issued a City Dog licence without charge upon application for same and upon surrender of the old licence tag to the City.
39.
Every person applying for a licence for a Neutered Male Dog or Spayed Female Dog shall, in order to qualify for the licence fee applicable to such a Dog, present a certificate in writing from a Veterinarian certifying that the Dog is unable to reproduce.
40.
Every person who has obtained a licence for an unneutered male Dog or unspayed female Dog may, before the expiration of the licence period and within six months of the purchase of the licence, present to the City a certificate from a Veterinarian certifying that the Dog is unable to reproduce, in which case the Owner shall be entitled to a refund of the difference between the fee charged for a spayed or neutered Dog and the fee charged for a Dog which is not spayed or neutered.
41.12.11 Every licence issued pursuant to this bylaw Bylaw shall expire on December 31st of the year of issue. 42.
The City shall issue a licence tag for each Dog licensed under this Bylaw.
43.
Every licence tag shall be distinguished by a serial number, which shall be clearly marked on the tag together with the calendar year for which the tag has been issued.
12.12 The City shall issue a licence tag with serial number for each Dog licensed under this Bylaw. 44.12.13 Every Owner of a licensed Dog shall cause the Dog to wear around its neck a suitable collar to which the licence tag shall be attached. 45.
The replacement fee for a lost or defaced licence tag is $5.00.
46.12.14 Subject to sections 56 and 57 Section 12.1 of this Bylaw, no person other than does not apply to the Poundkeeper, an Animal Control Officer, Bylaw Enforcement Officer, or a police 399670 13
Formatted: Indent: Left: 0", Hanging: 0.5"
Formatted: Font: Bold
officer, during the performance of his or her duties. under this Bylaw, shall keep, possess, or harbour any unlicensed Dog within the City. 47.
13.
Where the Owner of a Dog that is licensed under this Bylaw sells, gives away, or otherwise disposes of the Dog, and ceases to be the Owner of the Dog, the licence for that Dog is automatically cancelled. KENNELS
13.1
The use of land or buildings or other premises as a Kennel is subject to the provisions of the Zoning Bylaw No. 3630, as amended from time to time.
48.13.2
No person, or owner, tenant or occupier of real residential property shall keep or permit to be kept more than three Dogs in or at an individual Dwelling Unit. within the City.
49.
No person, or owner, tenant or occupier of real property shall keep or permit to be kept more than three Dogs on or at an individual parcel within the City.
50.
The use of land or buildings or other premises for Kennel purposes is subject to the provisions of the Zoning Bylaw No. 3630, as amended from time to time.
51.13.3
No person shall operate a Kennel within the City unless he that person has applied for and received from the Council City a licence for that purpose.
52.13.4
Before issuing a Kennel licence to an applicant the Council City may request an inspection report from the branch of the BC SPCA having jurisdiction within the City.
53.13.5
If the premises that are the subject of the Kennel licence application are reported by the BC SPCA to be unsuitable for the operation of a Kennel, the Council may refuse the Kennel licence application may be refused.
54.
The licence fee for a Kennel is $100.00 regardless of the number of Dogs kept therein.
55.13.6
In addition to the provisions of this Bylaw, Kennels operating on a commercial basis are subject to the provisions of the Business Bylaw No. 34533725 as amended from time to time.
14.
Formatted: Indent: Left: 0", Hanging: 0.5"
IMPOUNDMENT OF DOGS
56.14.1
Any person, including The the Poundkeeper, an Animal Control Officer, Bylaw Enforcement Officer, and a police officer or other person may seize any Dog found at largeAt Large in the City.
57.14.2
Any person who seizes a Dog pursuant to the preceding section shall as soon as possible deliver such Dog to the Poundkeeper for impoundment. , who shall impound and keep the Dog as provided in this Bylaw. 399670 14
Formatted: Font: Not Bold
14.3
The Poundkeeper, an Animal Control Officer and a police officer may seize any Dog over the age of six (6) months that does not have a current licence.
58.14.4
A Dog is deemed to be impounded as soon as it is seized by the Poundkeeper, an Animal Control Officer, Bylaw Enforcement Officer or police officer. and all All related fees and penalties in this Bylaw apply to such impoundment.
59.
When complaint is made to the Animal Control Officer that a Dog is diseased, he or she shall investigate the matter, and if he or she is satisfied that such complaint is well-founded, shall request the Dog Owner to destroy such Dog or to keep it in confinement on his or her own premises.
60.
In case of non-compliance of the Owner with a request under the preceding section, the Animal Control Officer may seize and impound the Dog and within 48 hours of such impoundment the Animal Control Officer or Poundkeeper shall apply to the Provincial Court for an order directing that the Dog be destroyed.
61.
Where an application to the Provincial Court is made pursuant to section 60 of this Bylaw, the Animal Control Officer shall provide the Owner of the diseased Dog with not less than 24 hours written notice of the application date and time in order that the Owner may have the opportunity to appear at and speak to the application for an order for destruction.
62.
The Animal Control Officer or the Poundkeeper shall give or send to the Owner of such Dog a written notice of intention to apply for the said destruction order at least 24 hours prior to the said application being made, and an opportunity shall be given to the said Owner to show cause why such order should not be granted.
63.
A notice issued pursuant to section 60 of this Bylaw shall be deemed to have been received by the Owner if served in accordance with the following procedures: (a) if the name and address of the Owner is known to the Animal Control Officer, by delivery of the notice by hand, by courier, or by registered mail to the Owner at that address; or (b) where the name and address is not known to the Animal Control Officer, by leaving a copy of the notice with any adult person at the address from which the diseased Dog was seized and impounded or, where an adult is not present at that address, by affixing a copy of the notice to any entry door of the premises at such address.
64.
The Poundkeeper, Animal Control Officer, Bylaw Enforcement Officer, or police officer may destroy at once any diseased Dog found at large in the City.
65.14.5
If an impounded Dog is not reclaimed by its Owner within 96 hours of its impoundment, the Dog becomes the property of the City, and in that case the City may: 399670 15
Formatted: Font: Bold, Italic
(a) offer the Dog to the public for adoption if the Dog is not an Aggressive Dog or a Dangerous Dog; (b) transfer the Dog to a suitable animal welfare organization; or (c) have the Dog humanely euthanized.
Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Indent: Left: 0", First line: 0"
Poundkeeper may destroy the Dog or offer it to the public for sale or adoption. 66.14.6
The Owner of any unlicensed Dog impounded under this bylaw may reclaim his or her Dog upon application to the Poundkeeper and upon proof of Ownership and upon payment of the licence fee for the current year and the fees imposed and expenses he incurred in impounding and maintaining such Dog, as follows: as provided in the Fees & Charges Bylaw No. 3892, as amended from time to time. (i) A pound fee of $100.00 for a first impoundment; (ii) A pound fee of $150.00 for a second impoundment; (iii) A pound fee of $200.00 for a third impoundment; and (iv) A pound fee of $250.00 for each subsequent impoundment; (v) A board fee of $20.00 for each day or part thereof in which a Dog is kept in the pound.
14.7
Section 14.6 does not apply to Dangerous Dogs.
67.
The Owner of any licensed Dog impounded under this bylaw may reclaim his or her Dog upon application to the Poundkeeper and upon proof of Ownership and the expenses incurred in impounding and maintaining such Dog, as follows: (i) A pound fee of $75.00 for a first impoundment; (ii) A pound fee of $100.00 for a second impoundment; (iii) A pound fee of $150.00 for a third impoundment; and (iv) A pound fee of $200.00 for each subsequent impoundment; (v) A board fee of $20.00 for each day or part thereof in which a Dog is kept in the pound.
68.
The Owner of any Aggressive Dog impounded under this Bylaw may reclaim his or her Dog upon application to the Poundkeeper and upon proof of Ownership and upon payment of the licence fee for the current year, if the licence fee has not been paid, and the expenses incurred in impounding and maintaining such Dog, as follows: (i) A pound fee of $250.00 for a first impoundment; (ii) A pound fee of $500.00 for a second impoundment; (iii) A pound fee of $1,000.00 for each subsequent impoundment; (iv) A board fee of $20.00 for each day or part thereof in which a Dog is kept in the pound.
69.
For each Dog taken into impoundment, the Poundkeeper shall record the following information, as applicable: (i) the date, hour, and location of the impoundment, 399670 16
(ii) the breed of the Dog, if known; (iii) a general description of the Dog, including any identifying marks or tattoos; (iv) any microchip identification found on the Dog; (v) any name tag or Dog licence tag. (vi) the name and address of the Owner if known; (vii) any fees, fines or other charges incurred in connection with the impoundment and detention of the Dog, (viii) the final disposition of the Dog (returned to Owner, adopted, destroyed). 70.
The Poundkeeper’s impoundment records shall be open to inspection by the City at all reasonable times.
15.
FARM ANIMALS
15.1
No person shall keep a Farm Animal in any residential zone.
71.
The use of land or buildings or other premises for keeping Farm Animals is subject to the provisions of the Zoning Bylaw No. 3630, as amended from time to time.
72.15.2
No person shall allow any Farm Animal to run at large be At Large or on unfenced land and not securely tethered or contained within the City.
73.15.3
The Poundkeeper and an Animal Control Officer may seize and impound any Farm Animal found running at largeAt Large or on unfenced land and not securely tethered or contained within the City. and it shall be the duty of the Poundkeeper to detain the same, until the Owner or Owners thereof shall have paid the following sums together with any expenses incurred in the seizing and impounding of the Farm Animal:
Formatted: Font: Not Bold
Formatted: Indent: Left: 0", Hanging: 0.5"
(a) For impounding stallions, horses, donkeys, bulls, cows, heifers, goats, rams, sheep, swine, and mules, $35.00 each. (b) For geese, ducks, fowl, domestic poultry, and rabbits, $10.00 each. 74.
When Farm Animals are impounded under this Bylaw it shall be the duty of the Poundkeeper, daily to furnish the same with food, water, and shelter during the whole time the Farm Animals continue to be impounded and for this service the Owner of the Farm Animals shall be assessed and pay to the Poundkeeper the following in addition to the impoundment and daily board fees specified in section 73 of this Bylaw: (a) For any cattle, horse, sheep, goat, swine, donkey, mule, or llama: $20.00 per day or part thereof. (b) For any fowl or poultry and any rabbit, hare, mink, or otter: $5.00 per day or part thereof.
399670 17
Formatted: Indent: Hanging: 0.5", Tab stops: Not at 0.75" + 1.17" + 1.67" + 3.42" + 4.08" + 4.42"
75.
If the impounded Farm Animal is a milk cow, the Poundkeeper shall insure that the cow is milked twice a day in accordance with good dairy practice. Any milk obtained may be disposed of at the Poundkeeper's sole discretion and the Owner of the cow shall have no claim against the Poundkeeper on this account.
76.
In all cases where the Poundkeeper has impounded any Farm Animal pursuant to the provisions of this bylaw, he shall maintain such animal at the pound for a minimum period of 96 hours.
77.15.4
The Owner of the Farm Animal may redeem the animal upon proof of Ownership and by paying the charges prescribed in the Fees & Charges Bylaw No. 3892 of the Poundkeeper as set out under this bylaw together with any additional expenses incurred by the Poundkeeper in the apprehension or care of such animal.
78.15.5
Notwithstanding any charges and additional expenses imposed, should any Farm Animal not be reclaimed at the end of the 96-hour period, it shall be lawful for the Poundkeeper to cause such animal to be sold or destroyedhumaely euthanized, and after deducting his or her own charges if any and the costs of any such sale, he the Poundkeeper shall pay any surplus to the Owner, provided that if the Owner is unknown he the Poundkeeper shall pay the surplus to the City.
16.
OTHER DOMESTIC ANIMALS
79.16.1
No person shall keep: (a) (b) (c)
any venomous snakes; more than four (4) non-venomous snakes; or a total of more than four (4) rodents, including rats, and mice. or other rodents
in any household or on any parcel of land in the City, other than on premises licensed as a pet shop or on school premises. 80.16.2
An Animal Control Officer or a police officer may seize any Domestic Animal At Large other than a spayed or neutered Cat. If a Domestic Animal is off the property of its Owner and in the opinion of the Animal Control Officer, Bylaw Enforcement Officer, police officer or other person the said animal through its temperament, behaviour, or situation poses a danger to other Domestic Animals, Farm Animals or humans, the Animal Control Officer, Bylaw Enforcement Officer, police officer or other person may seize such Domestic Animal and shall as soon as possible deliver such animal to the Poundkeeper, who shall impound and keep the animal as provided in this Bylaw.
81.16.3
The provisions of sections 58 through 70 of this Bylaw and of the Fees & Charges Bylaw No. 3892 regarding impoundment of Dogs also apply , with the necessary changes, to the impoundment of Domestic Animals, except that a fee that is specific to the type of Domestic Animal impounded prevails over a fee charged to a Dog. pursuant to section 80 of this Bylaw, including the application of impoundment fees and daily board fees. 399670 18
Formatted: Font: Not Bold
17.
BEEKEEPING
82.17.1
The use of land, buildings or other premises for beekeeping is subject to the provisions of the Zoning Bylaw No. 3630, as amended from time to time.
83.17.2
No person shall keep bees on their property except in an apiary registered under the Bee Act, RSBC 1996, as amended from time to time.
84.17.3
Every person who owns, possesses or keeps bees and every person on whose property bees are kept shall: a) provide an adequate water source to bees; b) maintain the bees in such a condition so as to reasonably prevent undue swarming or aggressive behaviour; and c) maintain the beehives so as to deter and be inaccessible to wildlife.
18. 85.18.1
Formatted: Font: Italic
OFFENCE Any person who violates contravenes any provision of this Bylaw commits an offence and shall be liable upon conviction to a fine of not more than $10,000 and not less than $200 plus any other penalty or order that may be imposed pursuant to the Community Charter or the Offence Act, including an order to pay the cost of prosectuion.
Formatted: Font: Italic Formatted: Font: Italic
18.2
Each day that a contravention of this Bylaw continues shall constitute a separate offence.
Formatted: Font: Bold
19.
NOTICE
Formatted: Font: Bold
19.1
A notice that was issued under section 15 of Animal Control Bylaw, 2009, No. 3670 in relation to a Dog is deemed to be a notice under section 10.1 and a notice under section 10.11 of this Bylaw for that Dog.
20. 86.20.1
REPEAL The “City of Port Coquitlam Pound and Animal Regulation Bylaw, 1970, No. 1020” is repealed.The “Animal Control Bylaw, 2009, No. 3670” and the “City of Port Coquitlam Public Health Bylaw, 1969, No. 908” are repealed.
Read a first time by the Municipal Council this 26th day of January, 2009. Read a second time by the Municipal Council this 26th day of January, 2009. Read a third time by the Municipal Council this 26th day of January, 2009 . 399670 19
Formatted: Indent: Left: 0", Hanging: 0.5", Tab stops: Not at 0.75" + 1.17" + 1.67" + 3.42" + 4.08" + 4.42"
Adopted by the Municipal Council of the Corporation of the City of Port Coquitlam this 9 th day of February, 2009.
G. MOORE Mayor
S. RAUH Corporate Officer
RECORD OF AMENDMENTS Bylaw No.
3845
Section
Adding Section Beekeeping 82, 83, 84
399670 20
Final Reading
October 15, 2013
WHEREAS under the provisions of the Community Charter, the Council is given broad powers has authority to regulate and prohibit the keeping of certain animals within the Municipality;, to provide for the licensing of animals and to provide for the seizure and impoundment of animals; AND WHEREAS it is considered both desirable and expedient to establish a pound, regulate the operations of the said Pound, and to regulate and prohibit the keeping of certain animals within the municipality; NOW THEREFORE the Municipal Council of the Corporation of the City of Port Coquitlam, in open meeting assembled, enacts as follows: The Council of the Corporation of the City of Port Coquitlam enacts as follows:
Formatted: Font: Italic Formatted: Font: Italic
1.
CITATION
1.1.1 This Bylaw may be cited for all purposes as the "Animal Control Bylaw, 20092017, No. 367039970”.
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
2. DEFINITIONS 2.1
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
In this Bylaw: Aggressive Dog means a Dog: (ia) a Dog with a known propensity, tendency or disposition to attack without provocation, cause injury or otherwise threaten the safety of humans or Domestic Animals; that has, without provocation, bitten, inflicted a minor injury or assaulted, pursued or harassed a person or another animal or has demonstrated a propensity, tendency or disposition to do so; or (iib) a Dog which has, without provocation, bitten, inflicted injury, assaulted, pursued or otherwise attacked a human or Domestic Animal; that the Animal Control Officer has reasonable grounds to believe is likely to cause injury to a human or another animal.
399670 1
(iii) a Dog which is owned primarily or in part for the purpose of Dog fighting or has been or is being trained for Dog fighting. Animal Control Officer means a person appointed by the Council from time to time for the purpose of enforcing this Bylaw, and includes a Bylaw Enforcement Officer; authorized to administer and enforce this Bylaw and includes: (a) a Bylaw Enforcement Officer; (b) the person appointed by Council to be the Bylaw Services Manager; and (c) any person appointed by resolution under section 4.1(b) of this Bylaw.
Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25"
At large means, : (a) in reference to a Domestic Animal other than a spayed or neutered Cat, that the an animal that is not in or upon on the premises of its Owner and is not under the care and control of its Owner, ; or (b) and, in the case of Dogs a Dog , that the a Dog that is not on the premises of its Owner and is either not secured on a leash to its Owner while off the property of its Owner;or is not under the care and control or its Owner while in an Off Leash Area.
Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
BC SPCA means the British Columbia Society for the Prevention of Cruelty to Animals;. Bylaw Services Manager means the person appointed as Bylaw Services Manager or the designate. Cat means any animal of the species felis domesticus irrespective of sex or age;catus. City means the lands within the municipal boundaries of the City of Port Coquitlam, or the Corporation of the City of Port Coquitlam, as the context may require;requires. Dangerous Dog means a Dangerous Dog as defined in the Community Charter;. Dog means any animal of the species canis familiaris. irrespective of sex or age; Dog Owner means any person who owns or has in his or her possession a Dog, or any person harbouring or allowing a Dog to remain about his or her house or premises; Domestic Animal means any animal tamed and kept as a domestic pet, and includes a Dog or Cat but does not include a Farm Animal. as defined in this Bylaw; Dwelling Unit means a single-family dwelling, townhouse, condominium, or apartment. Enclosure means a fence or structure at least 1.8 metres m in height,enclosed on all sides, lockabe, and suitable to confine an Aggressive Dog or Dangerous Dog and prevent the entry of young children. 399670 2
Formatted: Font: Bold Formatted: Font: Bold
Farm Animal means any cattle, horse, sheep, goat, swine, donkey, mule, or llama; , any fowl or poultry; , pigeon, any rabbit, hare, mink, or otter; and includes without limitation any other animal raised for food or for the use of humans., but does not include bees. Kennel means includes a parcel where four or more Dogs are kept;. Leash means a strap or cord of sufficient strength and design to restrain a Dog.
Formatted: Font: Bold
Minor Injury means a physical injury to a person or Domestic Animal that consists of pinches, minor localized bruising, scratches, or minor lacerations.
Formatted: Font: Bold
Muzzled means wearing a device that humanely secures the mouth of a Dog so as to prevent the Dog from biting.
Formatted: Font: Bold
Neutered Male Dog means any Dog of the male sex certified by a Veterinarian as unable to reproduce;. Off Leash Area means an area designated by the Director of Engineering & Public Works in which a Dog may be present without being secured by a Leash to a person.
Formatted: Font: Bold
Owner means any person who owns, keeps, harbours, or has in his or her possession or custody a Domestic Animal or Farm Animal, and includes, or any person harbouring or allowing a Domestic Animal to remain about his or her house or premises;. Permanent Identification means identification for a Domestic Animal or Farm Animal in the form of a visible tattoo or a microchip that contains the contact information of the Owner.
Formatted: Font: Bold
Pound means the premises, including land and buildings where animals impounded or received under this Bylaw are to be kept;. Poundkeeper means the person appointed from time to time under this Bylaw for the purpose of operating the Pound and enforcing and carrying out provisions of this Bylaw related to the impoundment of Dogs, other Domestic Animals, and Farm Animals;. Spayed Female Dog means any Dog of the female sex certified by a Veterinarian as unable to reproduce;. Veterinarian means any certified member of the Canadian Veterinarian Association. 3. ESTABLISHMENT OF POUND 3.1
The Council may by resolution from time to time designate premises, either within the City or within another municipality, as the City’s pound. 399670 3
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
Before designating premises within another municipality as the City’s pound, the Council shall first obtain consent to such designation from the Council of that municipality.
4.
4. APPOINTMENT OF POUNDKEEPER AND ANIMAL CONTROL OFFICERS 5.4.1
The Council may by resolution from time to time appoint:
(a) a Poundkeeper to operate and maintain the Pound for and on behalf of the City.; and (b) persons to administer and enforce this Bylaw. 6.4.2
The Poundkeeper has the following powers under this Bylaw: (a) to employ such employees and agents as the Poundkeeper deems necessary to enable it to carry out its powers and duties pursuant to this Bylaw; (b) to appoint employees or agents as assistant Poundkeepers for the purpose of fulfilling the requirements of this Bylaw; (c) to take into impoundment any Domestic Animal or Farm Animal found in a place or in such circumstances as to constitute a violation of this Bylaw; (d) to retain any impounded Domestic Animal or Farm Animal for the prescribed period unless the Domestic Animal or Farm Animal is sooner claimed by its Owner in accordance with this Bylaw; (e) where an impounded Domestic Animal remains unclaimed by its Owner for more than the prescribed period, to either cause the Domestic Animal to be destroyed or, and provided the Domestic Animal is not diseased and is not an Aggressive Dog or Dangerous Dog, to offer the Domestic Animal to the general public for adoption; (f) to issue Dog licences and to assess, levy and collect all fees, fines, charges and other amounts prescribed by this Bylaw; and (g) to administer and enforce the provisions of this Bylaw related to poundkeeping.
8.
Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.04" + Indent at: 0.29"
The Council may enter into an agreement with the Poundkeeper for the provision of poundkeeping and related services.
5. POWERS OF POUNDKEEPER 7.5.1
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
The Poundkeeper may refuse to accept a Domestic Animal for impoundment from any person other than an Animal Control Officer, Bylaw Enforcement Officer, or police officer unless he receives satisfactory proof that the Domestic Animal by its condition or its situation is subject to impoundment under the provisions of this Bylaw. 399670 4
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
6. FEES AND CHARGES 6.1 The scale of fees and charges applicable to services provided under this Bylaw is set out in the Fees & Charges Bylaw No. 3892, as amended from time to time.
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0", First line: 0"
DUTIES OF POUNDKEEPER 9.
The Poundkeeper has the following duties under this Bylaw: (a) to insure that all Domestic Animals kept in the Pound receive humane treatment, including: (i) adequate living conditions; (ii) adequate food and water, (iii) medication or veterinary treatment where necessary to protect other Domestic Animals in the Pound, provided that the requirement for veterinary treatment does not extend to the need to provide major surgical or life-saving procedures, (b) to maintain and make available upon request of the City, adequate records of all Domestic Animals impounded by the Poundkeeper and all Domestic Animals retained in the Pound; (c) to maintain the operation of the Pound from 9:00 a.m. to 6:00 p.m., seven days per week. (d) to remit to the City all fees, fines, charges or other monies collected pursuant to this Bylaw or in accordance with any agreement entered into pursuant to this Bylaw. (g) to verify that an impounded Dog is properly licensed before it is returned to its Owner.
10.
If the Poundkeeper should fail to perform any of the duties required of him or her by this Bylaw, or should perform the duties in a negligent or fraudulent manner, Council may, by resolution, rescind the appointment as Poundkeeper and appoint a successor to the position of Poundkeeper.
APPOINTMENT OF ANIMAL CONTROL OFFICER 11.
The Council may by resolution from time to time appoint one or more Animal Control Officers to administer and enforce the provisions of this Bylaw. 7.
POWERS OF ANIMAL CONTROL OFFICER
12.7.1 Pursuant to section 16 of the Community Charter An an Animal Control Officer may at all reasonable times enter on and inspect private property within the City in order to ascertain whether the provisions of this Bylaw is being complied with observed. 13.7.2 Where the Animal Control Officer identifies any Domestic Animal being kept contrary to this Bylaw, including any a Dog that is not licensed as required by this Bylaw, the Animal Control 399670 5
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Italic
Officer may impound such Domestic Animal the Dog or exercise any other authority granted to the Animal Control Officer by this Bylaw. 14.7.3 An Animal Control Officer, Bylaw Enforcement Officer or a police officer may, on behalf of the City, exercise the authorities in the Community Charter regarding Dangerous Dogs. as defined therein. 15.7.4 Where an Animal Control Officer determines that a Dog is an Aggressive Dog or a Dangerous Dog, the Animal Control Officer may by written notice order direct the Owner to keep the Dog confined to the Owner's property, or to property within the control of the Owner, and to comply with the other requirements of this Bylaw regarding Aggressive Dogs or Dangerous Dogs. 16.
Where an Animal Control Officer determines that a Domestic Animal is diseased and that such disease may pose a danger to other Domestic Animals, Farm Animals or humans, the Animal Control Officer may by written notice order the Owner of such Domestic Animal to keep the same confined to the Owner's property or to property within the control of the Owner;
17.
Where a person fails to comply with an order made by the Animal Control Officer pursuant to section 14 or 15 of this Bylaw, the Animal Control Officer may forthwith impound the Aggressive Dog or diseased Domestic Animal.
18.
Where an Aggressive Dog or diseased Domestic Animal is impounded pursuant to section 16 of this Bylaw, the Animal Control Officer shall, within 96 hours of such impoundment, apply to the Provincial Court for an order directing that the Aggressive Dog or diseased Domestic Animal be destroyed;
19.
Where an application to the Provincial Court is made pursuant to section 18 of this Bylaw, the Animal Control Officer shall provide the Owner of the Aggressive Dog or diseased Domestic Animal with not less than 24 hours written notice of the application date and time in order that the Owner may have the opportunity to speak to the application for an order for destruction;
20.
A notice issued pursuant to section 19 of this Bylaw shall be deemed to have been received by the Owner if served in accordance with the following procedures: (a) if the name and address of the Owner is known to the Animal Control Officer, by delivery of the notice by hand, by courier, or by registered mail to the Owner at that address; or (b) where the name and address is not known to the Animal Control Officer, by leaving a copy of the notice with any adult person at the address from which the Aggressive Dog or diseased Domestic Animal was seized and impounded or, where an adult is not present at that address, by affixing a copy of the notice to any entry door of the premises at such address;
399670 6
8.
CONTROL OF DOGS
21.8.1 Every Owner of a Dog shall prevent the Dog from being or running at large At Large.
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
22.8.2 Every Owner of a Dog shall keep the Dog from trespassing upon private property whether running at large At Large or held on a leash Leash secured to its Owner. 23.8.3 Where a Dog leaves or deposits any excrement on any public place or private property other than the property of the Owner, the Every Owner of a Dog shall immediately take steps to remove such excrement left or deposited by the Dog and dispose of it in a lawful and sanitary manner. 24.8.4 Every Owner of a female Dog in heat shall confine the Dog within the Owner's premises, within premises under the Owner's possession and control, or within an Enclosure contained within on the Owner's property. provided that such property is fenced or secured so as to prevent any Dog from gaining access to the Kennel. 8.5
No person may cause, permit, or allow an animal to be confined in an enclosed space, including a motor vehicle or boat, unless there is adequate ventilation.
Formatted: Font: Bold
9. OFF-LEASH AREAS 9.1
Formatted: Font: Bold
Every person who utilizes an Off Leash Area for their Dog shall comply with the requirements of this Bylaw and with the applicable regulations established and posted by the City at the Off Leash Area.
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0", First line: 0" Formatted: Font: Bold
9.2
When in an Off Leash Area, a Dog shall at all times be under the care and contril of a person responsible for the Dog(s).
Formatted: Indent: Left: 0", Hanging: 0.25"
9.3
No person shall at any time have custody of more than three (3) Dogs in an Off Leash Area.
Formatted: Font: Bold
9.4
An Owner of a Dog shall maintain visual contact with the Dog at all times when the Dog is in an Off Leash Area.
Formatted: Font: Bold
9.5
No Owner shall permit a female Dog that is in heat to be in an Off Leash Area.
Formatted: Font: Bold
9.6
No Owner shall permit an Aggressive Dog or a Dangerous Dog to be in an Off Leash Area.
Formatted: Font: Bold
9.7
If a Dog displays aggressive behavior toward a person or another Dog while in an Off Leash Area, the Owner of the Dog shall immediately secure the Dog to a Leash and remove the Dog from the Off Leash Area.
Formatted: Font: Bold
9.8
The Animal Control Officer may impound from an Off Leash Area any Dog that is not under the care and control of its Owner.
Formatted: Font: Bold
399670 7
Formatted: Font: Bold
Formatted: Font: Not Bold
10. 25.10.1
AGGRESSIVE DOGS
No person shall keep or own any diseased or Aggressive Dog within the City unless the Dog is kept sufficiently secured so as to prevent it from endangering the safety of any person or other animal. If an Animal Control Officer determines that a Dog by its behavior or tremperament is an Aggressive Dog as defined in this Bylaw, the Animal Control Officer may issue a notice of that determination to the Owner of the Dog.
26.10.2
No Owner of an Aggressive Dog shall permit or allow the Dog to be on any highway or in any public place or any other place that is not owned or controlled by that person, unless the Dog is secured on a leash to its Owner and muzzled to prevent it from biting another animal or a human. Upon receipt of a notice under section 10.1, the Owner of the Dog shall comply with the provisions of this Bylaw regarding Aggressice Dogs set out in sections 10.3 to 10.10.
27.10.3
Every Owner of an Aggressive Dog shall, at all times while the Dog is on the premises owned or controlled by such person, keep the Dog securely confined either indoors, or outdoors in an Enclosure that is kept locked at all times except when the Dog is being placed in or taken from the Enclosure. Every Owner of an Agressive Dog shall, within fourteen (14) days of receipt of a notice under section 10.1, cause the Aggressive Dog to be marked with Permanent Identification by a Veterinarian, and shall immediately forward the corresponding identification information to the Animal Control Officer prior to a licence being issued for that Aggressive Dog.
28.10.4
Every person who owns, keeps, or has custody or control of an Aggressive Dog shall immediately notify an Animal Control Officer, Bylaw Enforcement Officer, the Poundkeeper, or a police officer when that Dog is at large. Every Owner of an Aggressive Dog shall, at all times while the Dog is on the premises owned or controlled by such person, keep the Dog securely confined either indoors, or outdoors in an Enclosure that is kept locked at all times except when the Dog is being placed in or taken from the Enclosure.
29.10.5
Subject to section 14, if an Animal Control Officer or Bylaw Enforcement Officer receives sufficient evidence that a Dog by its behaviour or temperament qualifies as an Aggressive Dog as defined in this Bylaw, the Animal Control Officer or Bylaw Enforcement Officer may issue a corresponding notice of designation to the Owner of the Dog. No Owner of an Aggressive Dog shall permit or allow the Dog to be on any highway or in any public place or any other place that is not owned or controlled by that person, unless the Dog is secured to a responsible adult on a non-retractable Leash that is no more than 1.2 m in length.
30.10.6
Upon receipt of a notice under the preceding section, the Dog Owner shall comply with the provisions of this Bylaw regarding Aggressive Dogs. No Owner of an Aggressive Dog shall permit the Aggressive to be in any area designated by the City as an Off Leash Area.
31.10.7
An appeal from a designation made under section 29 lies to the Council or to a duly authorized subcommittee of the Council. No person shall keep or own any Aggressive Dog 399670 8
Formatted: Left, Indent: Left: 0", Hanging: 0.5", Allow hanging punctuation, Font Alignment: Auto, Tab stops: Not at 0.75" + 1.17" + 1.67" + 3.42" + 4.08" + 4.42" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
within the City unless the Dog is kept sufficiently secured so as to prevent it from endangering the safety of any person or other animal. 10.8
Every person who owns, keeps, or has custody or control of an Aggressive Dog shall immediately notify an Animal Control Officer, the Poundkeeper, or a police officer when that Dog is At Large.
10.9
Every Owner of an Aggressive Dog shall notify the Animal Control Officer in writing within three (3) days should the Aggressive Dog pass away, be sold, transferred, or gifted.
10.10 Every Owner of an Aggressive Dog who transfers ownership of the Aggressive Dog to another person shall provide the recipient with all notices received under this Bylaw. Aggressive Dogs requiring Muzzling
Formatted: Font: Italic
10.11 If an Animal Control Officer determines that a Dog is an Aggressive Dog that has without provocation, bitten, inflicted minor injury, assaulted, pursued or harassed a person or another animal on more than one occasion,; or believes the circumstances warrant, the Animal Control Officer may issue a notice that the Dog, in addition to all other requirements applicable to Aggressive Dogs, shalle be muzzled whenever the Dog is in a public place.
Formatted: Font color: Red
10.12 No Owner of an Aggressive Dog for which a notice under section 10.11 has been issued, may allow that Aggressive Dog to be unmuzzled in a public place. Applications to be Relieved from Aggressive Dog Requirements
Formatted: Font: Italic
10.13 The Owner of an Aggressive Dog may, no sooner than twelve (12) months after receipt of a notice under section 10.1 or section 10.11 of this Bylaw, apply in writing to the Animal Control Officer for relief from one or more of the conditions of this Bylaw applicable to the keeping of Aggressive Dogs. 10.14 Upon receipt of a written application under section 10.13, the Animal Control Officer or Bylaw Services Manager may, having regard to the circumstances, grant relief from one or more of the conditions of this Bylaw applicable to the keeping of Aggressive Dogs, provided that: (a) there have been no further incidents of aggression by the Dog in the period since the issuance of a notice under section 10.1 or section 10.11 of this Bylas; (b) the Dog has not, in the same period, given the Animal Control Officer any grounds to believe that the Dog is likely to cause injury to an animal or a human; and (c) proof and documentation is provided that the Owner of the Dog has successfully completed a course by a recognized and accredited institution or trainer to address the Dog’s aggressive behavior.
Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
Formatted: Indent: Left: 0", First line: 0"
10.15 If a Dog for which relief has been granted pursuant to section 10.13 is involved in a subsequent incident that qualifies it as an Aggressive Dog, and a corresponding notice is issued by the 399670 9
Animal Control Officer, no further relief shall be granted from the conditions of this Bylaw applicable to the keeping of Aggressive Dogs. 11.
DANGEROUS DOGS
11.1
If an Animal Control Officer determines that a Dog by its behavior or temperament qualifies as a Dangerous Dog, the Animal Control Officer may, in addition to any action taken under the Community Charter, issue notice of that determination to the Owner of the Dog.
11.2
Upon receipt of a notice under section 11.1, the Owner of a Dangerous Dog shall comply with the provisions of the Bylaw regarding Dangerous Dogs.
11.3
Every Owner of a Dangerous Dog shall post a clearly visible sign in the form shown as Schedule A at all points of entry onto any premises where the Dangerous Dog is being kept, temporarily or permanently, and ensure that the signs so posted are maintained in a legible condition.
11.4
On the first day that City Hall is open for business: (a) after a notice has been issued regarding a Dangerous Dog; (b) after a person becomes the Owner of a Dangerous Dog; or (c) after an Owner requests the release of a Dangerous Dog in accordance with an order of the court;
Formatted: Font: Italic
Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
the Owner of the Dangerous Dog shall attend at City Hall and pay the annual licence fee for the Dangerous Dog and have the Dangerous Dog photographed by the Animal Control Officer, who shall retain the photograph at City Hall for identification purposes. 11.5
Every Owner of a Dangerous Dog shall notify the Animal Control Officer in writing within three (3) days should the Dangerous Dog pass away, be moved, sold, gifted or transferred to another person.
11.6
Every Owner of a Dangerous Dog who transfers ownership of a Dangerous Dog to another person, shall provide the recipient with copies of all notices received under this Bylaw.
11.7
Every Owner of a Dangerous Dog shall, within three (3) days of receipt of a notice under section 11.1 of this Bylaw, cause the Dangerous Dog to be marked with Permanent Identification by a Veterinarian, and shall immediately forward the corresponding identification information to the Animal Control Officer prior to a licence being issued for that Dangerous Dog.
11.8
Every Owner of a Dangerous Dog shall, at all times while the Dog is on the premises owned or controlled by the Owner, keep the Dog securely confined either indoors, or outdoors in an Enclosure that is kept locked at all times except when the Dog is being placed in or taken from the Enclosure. 399670 10
Formatted: Indent: Left: 0", Hanging: 0.5"
11.9
No Owner of a Dangerous Dog shall permit or allow the Dog to be on any highway or in any publing place or any other place that is not owned or controlled by that person, unless the Dog is muzzled and secured to a responsible adult on a non-retractable Leash that is no more than 1.2 m in length.
11.10 The Owner of a Dangerous Dog shall ensure that the Dog does not; (a) (b) (c) (d)
chase, injure or bite a person; chase, injure or bite a Domestic Animal or a Farm Animal; run or be At Large; or damage private or public property.
Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
11.11 The Owner of a Dog that is seized by the Animal Control Officer as a Dangerours Dog pursuant to the Community Charter and held in custody by the City pending an application for a destruction order shall pay the impoundment and daily board fees established and prescribed by this Bylaw.
Formatted: Indent: Left: 0", Hanging: 0.5"
11.12 If an application by the City pursuant to the Community Charter does not result in the granting of a destruction order for a Dangerous Dog, and custody of the Dangerous Dog is returned to a person, that person shall immediately comply with the provisions of this Bylaw regarding Dangerous Dogs.
Formatted: Font: Italic
11.13 A Dangerous Dog shall not be released to its Owner until the Owner has paid all fees incurred in relation to the Dangerous Dog and the Animal Control Officer has verified compliance with sections 11.4 and 11.7 of this Bylaw. 11.14 No person who has not attained the age of eighteen (18) years shall possess or have custody of a Dangerous Dog while the Dog is off the property of its Owner. 11.15 Every person who owns, keeps, or has custody of a Dangerous Dog shall immediately notify and Animal Control Officer, the Poundkeeper, or a police officer when that Dog is At Large. 11.16 No Owner of a Dangerous Dog shall permit the Dog to be in any area designated by the City as an Off Leash Area.
12.
LICENSING OF DOGS
32.12.1
No person shall own, keep, or possess within the City any Dog over the age of six (6) months unless a current licence has been issued for the Dog pursuant to this Bylaw.
12.2
No Dog licence shall be issued to any person who has not attained the full age of eighteen (18) years.
399670 11
Formatted: Font: Italic
33.12.3
Every Owner of a Dog shall, on or before March February 1st of each year or as soon thereafter as such Dog shall attain the age of six (6) months, apply to the City or the Poundkeeper to license the Dog for that calendar year.
12.4
Every Owner of a Dog shall, within thirty-one (31) days of acquiring the Dog or within thirtyone (31) days of the Owner having established residence in the City, apply to the City or the Poundkeeper to licence the Dog for that calendar year.
34.12.5
The City shall maintain a record of each Dog licence issued, and for the purpose of identification, such record shall include: the name of the Owner; the address of the Owner; phone number of the Owner and a general description of the Dog including the sex, colour, breed if known; and the name given to the Dog by the Owner.
12.6
Except as otherwise provided by this Bylaw, every application for a licence shall be accompanied by a licence fee as prescribed by the Fees & Charges Bylaw No. 3892 as amended from time to time.
Formatted: Font: Bold
12.7
Where the Owner of a Dog that is licensed under this Bylas sells, gives away, or otherwise disposes of the Dog, and ceases to be the Owner of the Dog, the licence for that Dog is automatically cancelled unless the licence is transferred to a new Owner as provided by this Bylaw.
Formatted: Font: Bold
12.8
An Owner who acquires a licensed Dog from another Owner or who moves to the City with a licensed Dog from another jurisdiction and who applies to license the Dog under this Bylaw may have the licence fee waived upon surrender of the Dog’s licence tag for the same year issued by another jurisdiction or to a previous owner. The new licence shall expire at the end of the current calendar year as provided in this Bylaw.
Formatted: Font: Bold
12.9
Every person applying for a licence for a Neutered Male Dog or Spayed Female Dog shall present to the City a certificate in writing from a Veterinarian certifying that the Dog is unable to reproduce.
Formatted: Font: Bold
12.10 Every person who obtained a licence for an unneutered male Dog or unsprayed female Dog may, before the expiration of the licence period and within six (6) months of the purchase of the licence, present to the City a certification from a Veterinarian certifying that the Dog is unable to reproduce, in which case the Owner shall be entitled to a refund of the difference between the fee charged for a spayed or neutered Dog and the fee charged for a Dog which is not spayed or neutered.
Formatted: Font: Bold
35.
Every application for a licence shall be accompanied by a licence fee as follows: (a) For each Neutered Male Dog or Spayed Female Dog, a fee of $32.00; (b) For all other male or female Dogs, a fee of $80.00.
399670 12
Formatted: Font: Bold
Formatted: Font: Not Bold
36.
For licences applied for after March 1st of any year, a $15.00 penalty fee will be assessed in addition to the fees prescribed in section 35, provided that such a penalty will not apply where: (a) satisfactory evidence is provided to confirm that the Dog for which the licence is sought attained the age of six (6) months within 30 days of the application date; or (b) satisfactory evidence is provided to confirm that the Owner established residence in the City within 30 days of the application date; or (c) satisfactory evidence is provided to confirm that the Dog for which the licence is sought was acquired by the Owner within 30 days of the application date.
37.
No licence fee shall be charged to the Owner of a certified guide Dog or certified assistance Dog.
38.
Where an Owner has taken up residence in the City within the current year and possesses a Dog that is currently licensed in another jurisdiction, the Owner shall be issued a City Dog licence without charge upon application for same and upon surrender of the old licence tag to the City.
39.
Every person applying for a licence for a Neutered Male Dog or Spayed Female Dog shall, in order to qualify for the licence fee applicable to such a Dog, present a certificate in writing from a Veterinarian certifying that the Dog is unable to reproduce.
40.
Every person who has obtained a licence for an unneutered male Dog or unspayed female Dog may, before the expiration of the licence period and within six months of the purchase of the licence, present to the City a certificate from a Veterinarian certifying that the Dog is unable to reproduce, in which case the Owner shall be entitled to a refund of the difference between the fee charged for a spayed or neutered Dog and the fee charged for a Dog which is not spayed or neutered.
41.12.11 Every licence issued pursuant to this bylaw Bylaw shall expire on December 31st of the year of issue. 42.
The City shall issue a licence tag for each Dog licensed under this Bylaw.
43.
Every licence tag shall be distinguished by a serial number, which shall be clearly marked on the tag together with the calendar year for which the tag has been issued.
12.12 The City shall issue a licence tag with serial number for each Dog licensed under this Bylaw. 44.12.13 Every Owner of a licensed Dog shall cause the Dog to wear around its neck a suitable collar to which the licence tag shall be attached. 45.
The replacement fee for a lost or defaced licence tag is $5.00.
46.12.14 Subject to sections 56 and 57 Section 12.1 of this Bylaw, no person other than does not apply to the Poundkeeper, an Animal Control Officer, Bylaw Enforcement Officer, or a police 399670 13
Formatted: Indent: Left: 0", Hanging: 0.5"
Formatted: Font: Bold
officer, during the performance of his or her duties. under this Bylaw, shall keep, possess, or harbour any unlicensed Dog within the City. 47.
13.
Where the Owner of a Dog that is licensed under this Bylaw sells, gives away, or otherwise disposes of the Dog, and ceases to be the Owner of the Dog, the licence for that Dog is automatically cancelled. KENNELS
13.1
The use of land or buildings or other premises as a Kennel is subject to the provisions of the Zoning Bylaw No. 3630, as amended from time to time.
48.13.2
No person, or owner, tenant or occupier of real residential property shall keep or permit to be kept more than three Dogs in or at an individual Dwelling Unit. within the City.
49.
No person, or owner, tenant or occupier of real property shall keep or permit to be kept more than three Dogs on or at an individual parcel within the City.
50.
The use of land or buildings or other premises for Kennel purposes is subject to the provisions of the Zoning Bylaw No. 3630, as amended from time to time.
51.13.3
No person shall operate a Kennel within the City unless he that person has applied for and received from the Council City a licence for that purpose.
52.13.4
Before issuing a Kennel licence to an applicant the Council City may request an inspection report from the branch of the BC SPCA having jurisdiction within the City.
53.13.5
If the premises that are the subject of the Kennel licence application are reported by the BC SPCA to be unsuitable for the operation of a Kennel, the Council may refuse the Kennel licence application may be refused.
54.
The licence fee for a Kennel is $100.00 regardless of the number of Dogs kept therein.
55.13.6
In addition to the provisions of this Bylaw, Kennels operating on a commercial basis are subject to the provisions of the Business Bylaw No. 34533725 as amended from time to time.
14.
Formatted: Indent: Left: 0", Hanging: 0.5"
IMPOUNDMENT OF DOGS
56.14.1
Any person, including The the Poundkeeper, an Animal Control Officer, Bylaw Enforcement Officer, and a police officer or other person may seize any Dog found at largeAt Large in the City.
57.14.2
Any person who seizes a Dog pursuant to the preceding section shall as soon as possible deliver such Dog to the Poundkeeper for impoundment. , who shall impound and keep the Dog as provided in this Bylaw. 399670 14
Formatted: Font: Not Bold
14.3
The Poundkeeper, an Animal Control Officer and a police officer may seize any Dog over the age of six (6) months that does not have a current licence.
58.14.4
A Dog is deemed to be impounded as soon as it is seized by the Poundkeeper, an Animal Control Officer, Bylaw Enforcement Officer or police officer. and all All related fees and penalties in this Bylaw apply to such impoundment.
59.
When complaint is made to the Animal Control Officer that a Dog is diseased, he or she shall investigate the matter, and if he or she is satisfied that such complaint is well-founded, shall request the Dog Owner to destroy such Dog or to keep it in confinement on his or her own premises.
60.
In case of non-compliance of the Owner with a request under the preceding section, the Animal Control Officer may seize and impound the Dog and within 48 hours of such impoundment the Animal Control Officer or Poundkeeper shall apply to the Provincial Court for an order directing that the Dog be destroyed.
61.
Where an application to the Provincial Court is made pursuant to section 60 of this Bylaw, the Animal Control Officer shall provide the Owner of the diseased Dog with not less than 24 hours written notice of the application date and time in order that the Owner may have the opportunity to appear at and speak to the application for an order for destruction.
62.
The Animal Control Officer or the Poundkeeper shall give or send to the Owner of such Dog a written notice of intention to apply for the said destruction order at least 24 hours prior to the said application being made, and an opportunity shall be given to the said Owner to show cause why such order should not be granted.
63.
A notice issued pursuant to section 60 of this Bylaw shall be deemed to have been received by the Owner if served in accordance with the following procedures: (a) if the name and address of the Owner is known to the Animal Control Officer, by delivery of the notice by hand, by courier, or by registered mail to the Owner at that address; or (b) where the name and address is not known to the Animal Control Officer, by leaving a copy of the notice with any adult person at the address from which the diseased Dog was seized and impounded or, where an adult is not present at that address, by affixing a copy of the notice to any entry door of the premises at such address.
64.
The Poundkeeper, Animal Control Officer, Bylaw Enforcement Officer, or police officer may destroy at once any diseased Dog found at large in the City.
65.14.5
If an impounded Dog is not reclaimed by its Owner within 96 hours of its impoundment, the Dog becomes the property of the City, and in that case the City may: 399670 15
Formatted: Font: Bold, Italic
(a) offer the Dog to the public for adoption if the Dog is not an Aggressive Dog or a Dangerous Dog; (b) transfer the Dog to a suitable animal welfare organization; or (c) have the Dog humanely euthanized.
Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Indent: Left: 0", First line: 0"
Poundkeeper may destroy the Dog or offer it to the public for sale or adoption. 66.14.6
The Owner of any unlicensed Dog impounded under this bylaw may reclaim his or her Dog upon application to the Poundkeeper and upon proof of Ownership and upon payment of the licence fee for the current year and the fees imposed and expenses he incurred in impounding and maintaining such Dog, as follows: as provided in the Fees & Charges Bylaw No. 3892, as amended from time to time. (i) A pound fee of $100.00 for a first impoundment; (ii) A pound fee of $150.00 for a second impoundment; (iii) A pound fee of $200.00 for a third impoundment; and (iv) A pound fee of $250.00 for each subsequent impoundment; (v) A board fee of $20.00 for each day or part thereof in which a Dog is kept in the pound.
14.7
Section 14.6 does not apply to Dangerous Dogs.
67.
The Owner of any licensed Dog impounded under this bylaw may reclaim his or her Dog upon application to the Poundkeeper and upon proof of Ownership and the expenses incurred in impounding and maintaining such Dog, as follows: (i) A pound fee of $75.00 for a first impoundment; (ii) A pound fee of $100.00 for a second impoundment; (iii) A pound fee of $150.00 for a third impoundment; and (iv) A pound fee of $200.00 for each subsequent impoundment; (v) A board fee of $20.00 for each day or part thereof in which a Dog is kept in the pound.
68.
The Owner of any Aggressive Dog impounded under this Bylaw may reclaim his or her Dog upon application to the Poundkeeper and upon proof of Ownership and upon payment of the licence fee for the current year, if the licence fee has not been paid, and the expenses incurred in impounding and maintaining such Dog, as follows: (i) A pound fee of $250.00 for a first impoundment; (ii) A pound fee of $500.00 for a second impoundment; (iii) A pound fee of $1,000.00 for each subsequent impoundment; (iv) A board fee of $20.00 for each day or part thereof in which a Dog is kept in the pound.
69.
For each Dog taken into impoundment, the Poundkeeper shall record the following information, as applicable: (i) the date, hour, and location of the impoundment, 399670 16
(ii) the breed of the Dog, if known; (iii) a general description of the Dog, including any identifying marks or tattoos; (iv) any microchip identification found on the Dog; (v) any name tag or Dog licence tag. (vi) the name and address of the Owner if known; (vii) any fees, fines or other charges incurred in connection with the impoundment and detention of the Dog, (viii) the final disposition of the Dog (returned to Owner, adopted, destroyed). 70.
The Poundkeeper’s impoundment records shall be open to inspection by the City at all reasonable times.
15.
FARM ANIMALS
15.1
No person shall keep a Farm Animal in any residential zone.
71.
The use of land or buildings or other premises for keeping Farm Animals is subject to the provisions of the Zoning Bylaw No. 3630, as amended from time to time.
72.15.2
No person shall allow any Farm Animal to run at large be At Large or on unfenced land and not securely tethered or contained within the City.
73.15.3
The Poundkeeper and an Animal Control Officer may seize and impound any Farm Animal found running at largeAt Large or on unfenced land and not securely tethered or contained within the City. and it shall be the duty of the Poundkeeper to detain the same, until the Owner or Owners thereof shall have paid the following sums together with any expenses incurred in the seizing and impounding of the Farm Animal:
Formatted: Font: Not Bold
Formatted: Indent: Left: 0", Hanging: 0.5"
(a) For impounding stallions, horses, donkeys, bulls, cows, heifers, goats, rams, sheep, swine, and mules, $35.00 each. (b) For geese, ducks, fowl, domestic poultry, and rabbits, $10.00 each. 74.
When Farm Animals are impounded under this Bylaw it shall be the duty of the Poundkeeper, daily to furnish the same with food, water, and shelter during the whole time the Farm Animals continue to be impounded and for this service the Owner of the Farm Animals shall be assessed and pay to the Poundkeeper the following in addition to the impoundment and daily board fees specified in section 73 of this Bylaw: (a) For any cattle, horse, sheep, goat, swine, donkey, mule, or llama: $20.00 per day or part thereof. (b) For any fowl or poultry and any rabbit, hare, mink, or otter: $5.00 per day or part thereof.
399670 17
Formatted: Indent: Hanging: 0.5", Tab stops: Not at 0.75" + 1.17" + 1.67" + 3.42" + 4.08" + 4.42"
75.
If the impounded Farm Animal is a milk cow, the Poundkeeper shall insure that the cow is milked twice a day in accordance with good dairy practice. Any milk obtained may be disposed of at the Poundkeeper's sole discretion and the Owner of the cow shall have no claim against the Poundkeeper on this account.
76.
In all cases where the Poundkeeper has impounded any Farm Animal pursuant to the provisions of this bylaw, he shall maintain such animal at the pound for a minimum period of 96 hours.
77.15.4
The Owner of the Farm Animal may redeem the animal upon proof of Ownership and by paying the charges prescribed in the Fees & Charges Bylaw No. 3892 of the Poundkeeper as set out under this bylaw together with any additional expenses incurred by the Poundkeeper in the apprehension or care of such animal.
78.15.5
Notwithstanding any charges and additional expenses imposed, should any Farm Animal not be reclaimed at the end of the 96-hour period, it shall be lawful for the Poundkeeper to cause such animal to be sold or destroyedhumaely euthanized, and after deducting his or her own charges if any and the costs of any such sale, he the Poundkeeper shall pay any surplus to the Owner, provided that if the Owner is unknown he the Poundkeeper shall pay the surplus to the City.
16.
OTHER DOMESTIC ANIMALS
79.16.1
No person shall keep: (a) (b) (c)
any venomous snakes; more than four (4) non-venomous snakes; or a total of more than four (4) rodents, including rats, and mice. or other rodents
in any household or on any parcel of land in the City, other than on premises licensed as a pet shop or on school premises. 80.16.2
An Animal Control Officer or a police officer may seize any Domestic Animal At Large other than a spayed or neutered Cat. If a Domestic Animal is off the property of its Owner and in the opinion of the Animal Control Officer, Bylaw Enforcement Officer, police officer or other person the said animal through its temperament, behaviour, or situation poses a danger to other Domestic Animals, Farm Animals or humans, the Animal Control Officer, Bylaw Enforcement Officer, police officer or other person may seize such Domestic Animal and shall as soon as possible deliver such animal to the Poundkeeper, who shall impound and keep the animal as provided in this Bylaw.
81.16.3
The provisions of sections 58 through 70 of this Bylaw and of the Fees & Charges Bylaw No. 3892 regarding impoundment of Dogs also apply , with the necessary changes, to the impoundment of Domestic Animals, except that a fee that is specific to the type of Domestic Animal impounded prevails over a fee charged to a Dog. pursuant to section 80 of this Bylaw, including the application of impoundment fees and daily board fees. 399670 18
Formatted: Font: Not Bold
17.
BEEKEEPING
82.17.1
The use of land, buildings or other premises for beekeeping is subject to the provisions of the Zoning Bylaw No. 3630, as amended from time to time.
83.17.2
No person shall keep bees on their property except in an apiary registered under the Bee Act, RSBC 1996, as amended from time to time.
84.17.3
Every person who owns, possesses or keeps bees and every person on whose property bees are kept shall: a) provide an adequate water source to bees; b) maintain the bees in such a condition so as to reasonably prevent undue swarming or aggressive behaviour; and c) maintain the beehives so as to deter and be inaccessible to wildlife.
18. 85.18.1
Formatted: Font: Italic
OFFENCE Any person who violates contravenes any provision of this Bylaw commits an offence and shall be liable upon conviction to a fine of not more than $10,000 and not less than $200 plus any other penalty or order that may be imposed pursuant to the Community Charter or the Offence Act, including an order to pay the cost of prosectuion.
Formatted: Font: Italic Formatted: Font: Italic
18.2
Each day that a contravention of this Bylaw continues shall constitute a separate offence.
Formatted: Font: Bold
19.
NOTICE
Formatted: Font: Bold
19.1
A notice that was issued under section 15 of Animal Control Bylaw, 2009, No. 3670 in relation to a Dog is deemed to be a notice under section 10.1 and a notice under section 10.11 of this Bylaw for that Dog.
20. 86.20.1
REPEAL The “City of Port Coquitlam Pound and Animal Regulation Bylaw, 1970, No. 1020” is repealed.The “Animal Control Bylaw, 2009, No. 3670” and the “City of Port Coquitlam Public Health Bylaw, 1969, No. 908” are repealed.
Read a first time by the Municipal Council this 26th day of January, 2009. Read a second time by the Municipal Council this 26th day of January, 2009. Read a third time by the Municipal Council this 26th day of January, 2009 . 399670 19
Formatted: Indent: Left: 0", Hanging: 0.5", Tab stops: Not at 0.75" + 1.17" + 1.67" + 3.42" + 4.08" + 4.42"
Adopted by the Municipal Council of the Corporation of the City of Port Coquitlam this 9 th day of February, 2009.
G. MOORE Mayor
S. RAUH Corporate Officer
RECORD OF AMENDMENTS Bylaw No.
3845
Section
Adding Section Beekeeping 82, 83, 84
399670 20
Final Reading
October 15, 2013
