CITY OF REVELSTOKE BYLAW NO. 2183

Transcription

1 CITY OF REVELSTOKE BYLAW NO A Bylaw to Provide for the Regulation, Keeping and Impounding of Animals and to Establish and Operate the Animal Shelter within the Municipal Boundaries of the City of Revelstoke WHEREAS Section 8 (1)(k) of the Community Charter authorizes the City of Revelstoke to regulate, prohibit and impose requirements in relation to animals; AND WHEREAS Section 49 of the Community Charter provides local government with special powers in relation to dangerous dogs; NOW THEREFORE the Municipal Council of the City of Revelstoke, Province of British Columbia, in open meeting assembled ENACTS AS FOLLOWS: 1. THAT this Bylaw may be cited for all purposes as the Animal Control Bylaw No THAT the City of Revelstoke Animal Control and Licensing Bylaw No is hereby repealed. 3. Definitions In this Bylaw: Aggressive Behaviour includes snarling, growling, baring teeth or pursuing another animal or person. Aggressive Dog means a Dog that has, without provocation: i. displayed Aggressive Behavior toward a person or domestic animal; or ii. iii. caused a Minor Injury to a person or domestic animal; or attacked, bitten, or caused Injury, or attempted to attack, bite, or cause Injury, to a person or domestic animal, as determined by a Bylaw Compliance Officer. Animal means any member of the animal kingdom, other than a human being. Animal Shelter means the City facility established for the holding of impounded animals as set out in this Bylaw. At Large means: a) not on the property of the Owner; b) not securely contained within a vehicle, building, structure, or enclosure with consent of the owner of the vehicle, building, structure, or enclosure; c) not securely leashed or under the direct control of the animal s Owner in any outdoors area except an Off-Leash Area; and d) when in an Off-Leash Area, in a manner which contravenes section 6.03 of this Bylaw; Bylaw means the Animal Control Bylaw No Bylaw Compliance Officer means any personal appointed by the Council for the purpose of administering and enforcing the provisions of this Bylaw and includes an Animal Control Officer defined in Section 49 of the Community Charter for the purposes of that section.

2 Animal Control Bylaw No Page 2 Cat means both a male and female of the feline species apparently or actually over the age of four (4) months and commonly known as the domestic house cat. City means the City of Revelstoke. Coop means an enclosed hut within a Hen Enclosure which provides shelter for a brood of hens. Council means the Municipal Council of the City elected to hold office. Dangerous Dog has the same meaning as in section 49 (1) of the Community Charter, [SBC 2003], Chapter 26, or a Dog designated as a Dangerous Dog under section 7 of this Bylaw. Dog means both a male and female of the canine species apparently or actually over the age of six (6) months.. Dog Enclosure means a structure at least 1.8 meters in height, having a concrete or asphalt floor, and wire or steel mesh sides and roof, which is adequate to prevent the entry of young children or the escape of a Dog enclosed therein. Dwelling Unit means any building or structure, or mobile, modular or manufactured home, used as a residence, and includes residences with common shared spaces such as condominiums, apartments, townhomes, and strata properties. Fees and Charges Bylaw means City of Revelstoke Fees and Charges Bylaw No. 2008, as amended. Guide/Service Dog means any dog with a valid Guide Animal Certificate under the Guide Dog and Service Dog Act, [SBC 2015], Chapter 17. Hen means a domesticated female chicken. Hen Enclosure means an outdoor area that is covered with wire or steel mesh on the sides and roof, which is adequate to prevent the entry of wildlife or other animals, and to prevent the escape of a hen enclosed therein. Impound means seize, deliver, receive, or take into the Animal Shelter or other suitable place of confinement, or in the custody of the Bylaw Compliance Officer as provided for in this Bylaw. In Heat means the condition of a female dog being in its ovulatory period. Injury means a physical injury or emotional trauma inflicted upon a person or domestic animal which is directly attributable to an attack by a Dog. Kennel means a lawful business of which the primary purpose is the boarding, breeding, sale, or training of dogs or cats. Leash means a device of sufficient strength and design to restrain the Dog for which it is being used, where one end is securely affixed to the Dog and the other end is being securely held by the Owner of the Dog. License means a dog license issued pursuant to this Bylaw for the current licensing year. Minor Injury means a physical injury to a person or domestic animal that does not require professional medical attention, and includes pinches, minor localized bruising, scratches, shallow punctures, or lacerations in one direction only.

3 Animal Control Bylaw No Page 3 Muzzled means prevented from biting by means of a humane fastening or covering device, of adequate strength, placed securely over the mouth of the animal. Off-Leash Area means off-leash areas designated by the City as shown on Schedule A. Owner means a person who owns, possesses, harbours, or has custody, care and control of a Dog. Poultry means domesticated fowl, including chickens, turkeys, ducks, geese, pheasant, partridge, quail and guinea fowl. Public Place means any property owned, held, vested in, operated, managed, or administered by the City, including a highway, street, lane, boulevard, sidewalk, park, courtyard, square, walkway, trail, school, or other area open to public use or located within the City. Rooster means a male domestic chicken. Unlicensed means any Dog for which the license fee for the current year has not been paid, or any Dog for which a valid City dog tag is not attached. 4. Bylaw Compliance Officer 4.01 Council shall appoint from time to time a Bylaw Compliance Officer to enforce this Bylaw and to operate the Animal Shelter for the impoundment of dogs pursuant to the provision of this Bylaw For the purpose of this Bylaw the designated Bylaw Compliance Officer means any of the following: a) a person designated as a Bylaw Compliance Officer of the City; and b) a Peace Officer. 5. Dog Licensing 5.01 No Person shall own, possess or harbor any Dog within the boundaries of the City unless a valid and subsisting License and dog tag has been issued for such Dog Every person who owns a Dog and resides in the City for more than 30 days shall obtain a License for the Dog: a) in the case of a Dog younger than six months, as soon as the Dog attains the age of six (6) months; b) in the case of an Owner who is not a resident of the City, on that person residing in the City for at least 30 days in a calendar year; or c) in all other cases, by March 15 of that calendar year No License shall be issued in respect of any Dog to a minor, unless that person provides the Bylaw Compliance Officer with written consent of that person s parent or guardian, and any parent or guardian providing such written consent shall be for the purposes of this Bylaw deemed to the Owner of the Dog in respect of whom the dog license is issued Every Owner applying for a License for a neutered or spayed Dog must present a valid veterinarian certificate certifying that the Dog has been neutered or spayed, as the case may be If an Owner has a Dog spayed or neutered within two (2) months of purchasing a License in any year, and provides a valid veterinarian certificate certifying that the Dog has been neutered or spayed, as the case may be, the City shall refund to the Owner the difference between the unsprayed/unneutered License fee paid by

4 Animal Control Bylaw No Page 4 the Owner, and the spayed/neutered License fee as set out in the Fees and Charges Bylaw An Owner who is issued a License shall receive a numbered dog tag, which shall be fastened to a collar or harness which is to be worn by the Dog for which the License and corresponding dog tag were issued All Licenses must include the: a) Owner s name; b) Owner s phone number; c) Owner s civic address; d) address at which the Dog is kept, if different from the Owner s civic address; e) description of the Dog being licensed; f) name of the Dog; g) breed of the Dog; h) sex of the Dog; i) colouring of the Dog; j) age of the Dog; k) identifying information regarding the Dog, including microchip or tattoo information if applicable; and l) information regarding whether the Dog was neutered or spayed The Owner must notify the City or Bylaw Compliance Officer of any changes to any information required for the License and when a licensed Dog is deceased, transferred, or sold to a new Owner. License Fees 5.09 Every Person applying for and renewing a License shall pay a license fee payable to the City as set out in the Fees and Charges Bylaw, which fees shall not be reimbursable for any unused portion of the year except as provided for in section 5.05 of this Bylaw An Owner of a Dog that is a registered Guide/Service Dog, in training to become a Guide/Service Dog, or used by the Royal Canadian Mounted Police, shall obtain a License but shall not be charged any license fees as set out in the Fees and Charges Bylaw, provided that the Owner presents the appropriate registration is presented to the City or Bylaw Compliance Officer when applying for the License Licenses shall be effective: (a) except for lifetime dog licenses, for the period from January 1 st to December 31 st of the year issued, or the remaining portion thereof. (b) in the case of lifetime dog licenses, from the date of issuance of the lifetime dog license until the earlier of: Transfer of License (i) the end of the lifetime of the Dog for which the lifetime dog license was purchased; or (j) if the Owner of a Dog for which a lifetime dog license is issued ceases to be the Owner of that Dog An Owner holding a valid and current license for his or her dog from another local government will not be required to pay an annual license fee pursuant to this Bylaw, but may transfer this license to the City for the remainder of the calendar year on completing the application form for the Dog and paying the transfer tag fee as set out in the Fees and Charges Bylaw.

5 Animal Control Bylaw No Page 5 Replacement of Tag 5.13 If an Owner loses a dog tag, the Owner shall promptly obtain a replacement tag from the Bylaw Compliance Officer or the City, and pay the replacement fee as set out in the Fees and Charges Bylaw. Maximum Number of Dogs and Cats 5.14 No person shall keep or harbor more than three (3) dogs at any time, whether licensed or not, except as part of a person s operation of a Kennel, animal hospital or veterinary clinic No Person shall keep or harbor more than three (3) cats, except as part of that person s operation of a Kennel, animal hospital or veterinary clinic No person shall keep or harbor more than three (3) cats and 3 dogs in any Dwelling Unit at any time. 6. Care and Control 6.01 No Owner shall cause or permit his or her Dog to be At Large in the City No Owner shall cause or permit his or her Dog to be in any cemetery, ball field, sports field, playground, school ground, swimming area, or public beach where dogs are prohibited, unless the area is otherwise designated by the City or another government authority An Owner may cause or permit his or her dog to be At Large in a designated Off- Leash Area, provided that: a. the Dog wears a collar or harness, and a valid dog tag; b. the Owner has in his or her possession a leash to control the Dog; c. the Owner maintains visual sight and verbal control of the Dog at all times; d. the Owner follows all posted rules and regulations on signs in the Off- Leash Area; and e. in the event of aggression or conflict with another person or domestic animal, the Owner takes immediate physical control of the Dog No Owner shall cause or permit his or her Dog to remain outside on private property, except where the Dog is: a. securely contained inside a fence, pen or Dog Enclosure, b. restrained by a tethering system as permitted under this Bylaw; c. on the Owner s property, and the Owner has custody and control of the Dog; or d. on private property of someone other than the Owner with that property owner s consent, and the Owner or that property owner has custody and control of the Dog No Owner shall tie, secure, or tether any Dog except in the back yard of the Owner s property with a tethering system which: a. allows the Dog s adequate freedom of movement;

6 Animal Control Bylaw No Page 6 b. has a minimum radius of 3 meters between the Dog and the tethering point; and c. keeps the dog at least 1.5 meters from any back yard property line No Owner shall cause or permit his or her Dog to be tied, secured, tethered or fastened to a tethering system in excess of four (4) consecutive hours in a 24-hour period No Owner shall cause or permit his or her Dog to be left outdoors during extreme weather, except for brief walks or exercise, unless the Dog has access to adequate shelter to protect the Dog from the extreme weather No Owner shall leave unattended a Dog which is chained, tethered, or muzzled No Owner shall cause or permit his or her dog to cry, bark, howl, or yelp: a. continuously for a period of more than five (5) minutes; b. sporadically for a period of more than 15 minutes; or c. in a manner that tends to disturb the peace, quite, rest, enjoyment, comfort or convenience of the neighbourhood or a person in the neighbourhood No Owner shall permit his or her Dog to deposit excrement on public or private property, other than the property of the Owner, unless the Owner immediately removes the excrement and disposes of it in a sanitary manner Every Owner shall in a timely manner remove and dispose any excrement left by any Dog on the property of the Owner No Owner shall allow a female Dog In Heat to be left unattended outside, unless the Dog In Heat is securely contained inside a fence, pen, or Dog Enclosure capable of preventing the entry of other Dogs No owner shall keep, harbor, or have in his or her possession any Dog suffering from any infectious or contagious disease unless such Dog is under isolation and under treatment for that disease Every Owner must obtain immediate veterinary medical care for his or her Dog or Cat when that Dog or Cat exhibits signs of pain, suffering or disease No Owner shall allow his or her Dog to harass, chase, or approach a Person or domestic animal in a menacing fashion or apparent attitude of attack No Owner shall allow his or her Dog to bite, inflict any injury on, or otherwise attack, a Person or domestic animal No Owner shall allow his or her Dog to chase a vehicle or cyclist No Owner shall cause or permit his or her Dog to be confined to an enclosure or vehicle without adequate ventilation, or without adequate measures to protect the Dog from excessive cold or heat. 7. Aggressive and Dangerous Dogs 7.01 A Bylaw Compliance Officer may determine whether a Dog is Aggressive or Dangerous for the purposes of this Bylaw, and designate the Dog as such. Aggressive Dogs 7.02 When the City or a Bylaw Compliance Officer determines a Dog is an Aggressive Dog, the Bylaw Compliance Officer will issue written notice to the Owner of that Aggressive Dog advising the Owner of the requirements of this Bylaw with respect to Aggressive Dogs.

7 Animal Control Bylaw No Page Every Owner of an Aggressive Dog shall: a. when the Aggressive Dog is not on the Owner s property, secure the Aggressive Dog by a collar and Leash with a maximum length of one (1) meter; b. ensure the Aggressive Dog is not At Large within the City at any time; and c. keep the Aggressive Dog Muzzled when the Dog is in any Public Place or Off-Leash Area After one year of receiving notice that his or her dog is an Aggressive Dog, the Owner of the Aggressive Dog may apply to the City for relief from the requirements of Sections 7.03 (a) and (c) of this Bylaw provided that: Dangerous Dogs a. the City has received no further complaints in regard to that Dog s Aggressive Behaviour; and b. the Owner provides the City with proof and documentation that the Owner and the Dog have successfully completed a course by a recognized and accredited institution or trainer to address the Dog s Aggressive Behaviour When the City or a Bylaw Compliance Officer determines a Dog is a Dangerous Dog, the Bylaw Compliance Officer will issue written notice to the Owner of that dog advising the Owner of the requirements of this Bylaw with respect to Dangerous Dogs When a Dangerous Dog is outside its Owner s Dwelling Unit, the Owner shall: a. ensure the Dangerous Dog remains Muzzled with a snugly fastened muzzle; b. secure the Dangerous Dog by a collar and Leash with a maximum length of one (1) meter; and c. keep the Dangerous Dog within a locked Dog Enclosure incapable of being accessed by domestic animals, the public, or children No Owner of a Dangerous Dog shall cause or permit the Dangerous Dog to enter into or remain at any park, cemetery, ball field, sports field, playground, school ground, swimming area, public beach, or Off-Leash Area at any time An Owner of a Dangerous Dog shall post a sign visible to the public at the front and back of his or her property warning that a Dangerous Dog resides on the property in accordance with Schedule B of this Bylaw An Owner of a Dangerous Dog shall, within 15 days of being notified that the Dog is a Dangerous Dog, obtain a microchip implant for the Dangerous Dog and provide the City with identification proof that a microchip has been implanted in the Dangerous Dog. 8. Kennels 8.01 Every person who owns or operates a Kennel shall, in addition to the requirements of other applicable City bylaws and regulation: a. on request, provide the City with: i. proof of ownership of the property on which the Kennel is located; or

8 Animal Control Bylaw No Page 8 ii. written approval to occupy and operate a Kennel on the property, from the owner of the Property on which the Kennel is located; and b. keep all Kennel buildings and facilities in a clean and sanitary condition at all times Every owner or operator of a Kennel shall keep any Dogs and Cats in the care and control of the Kennel inside a secure building between the hours of 8:00 p.m. and 7:00 a.m. 9. Animal Shelter 9.01 The City authorizes the establishment, maintenance and operations of an Animal Shelter and shall provide or arrange to provide such buildings, yards and enclosures as may be deemed necessary for the operation of the Animal Shelter and for the care and keeping of Dogs and Cats that have been impounded pursuant to this Bylaw The Bylaw Compliance Officer shall provide for and give sufficient food and water daily to all Dogs and Cats detained within the Animal Shelter 9.03 The Bylaw Compliance Officer shall ensure that the Animal Shelter is kept at the required standard for the operation and cleanliness of such a facility The City may authorize a Person, as its agent, to provide animal care, adoption and fostering of dogs and cats. 10. Seize and Impound A Bylaw Compliance Officer may seize and impound any Dog that is: a. unlicensed; b. unlawfully At Large; c. straying or trespassing on private property; d. violating any portion of this or any other Bylaw The Bylaw Compliance Officer shall attempt to notify the Owner of any impounded Dog by telephone, mail, other contact information available under a License, or other practical means, that the Dog has been impounded, The City shall keep all impounded Dogs at the Animal Shelter for seventy-two (72) hours from the time of impoundment, unless released by a Bylaw Compliance Officer to the Owner within that period It shall be unlawful for any Person to release, rescue, or to attempt to release or rescue, any Dog lawfully in the custody of the Animal Shelter or Bylaw Complinace Officer, except as otherwise authorized by the Bylaw Compliance Officer The Animal Shelter shall keep for each impounded animal: a) the date the animal was impounded; b) a description of the animal; c) the place where the animal was seized, if applicable; d) the name and contact information for the person who brought the animal to be impounded; e) the name and contact information for the person who applies to redeem the animal, or who redeems the animal; f) the date an animal is redeemed or disposed of; and g) a description of the method and reason for release or disposition. 11. Reclamation, Adoption or Humane Euthanization

9 Animal Control Bylaw No Page An Owner may reclaim his or her impounded Dog on presenting proof of ownership, and paying to the City all applicable fines, fees, and other charges as set out in the Fees and Charges Bylaw If an Owner cannot be identified by the Bylaw Compliance Officer, or an Owner notified of impoundment of his or her Dog does not appear at the Animal Shelter to pay all applicable, fines, fees, and other charges as set out in the Fees and Charges Bylaw within seventy-two (72) hours of the impoundment, the City or its agent may provide for the adoption, transfer to an animal care organization or to humanely euthanize the Dog as provided for in this Bylaw Notwithstanding Sections 10.02, or of this Bylaw, the City, Bylaw Compliance Officer, or agent, may cause an impounded Dog to be humanely euthanized by a licensed veterinarian immediately upon impoundment if a licensed veterinarian reasonably determines the Dog is severely diseased, severely injured, or is experiencing intolerable suffering, and that the Dog s condition is irremediable Every person adopting a Dog or Cat from the City s agent, shall be liable for the adoption fee to the Agent, including the fees to vaccinate and neuter or spay the Dog or Cat. 12. Hens No person shall own, keep or possess any poultry, except for hens in areas designated for that use in the City s Zoning Bylaw An Owner who keeps hens must: a. reside at the property where the hens are kept, and either be the registered owner of the property, or obtain written permission from the property owner to keep hens at the property; b. keep no more than 5 hens on a property; c. possess a valid hen-keeping license from the City by completing and submitting a registration form and an application form issued by the City, and paying the fee as set out in the Fees and Charges Bylaw; d. supply, and keep hens inside, a Hen Enclosure; e. not attach the Hen Enclosure to any other structure on the Property; f. not situate the Hen Enclosure within 5 meters of a neighbouring dwelling s windows or doors; g. ensure the Hen Enclosure is closed entirely entirely on all sides and the top to prevent entrance or escape of hens; h. provide within or connected to the Hen Enclosure at least one Coop containing sufficient space and at least one perch and one nest box for each hen; i. ensure that size of the Coop and Hen Enclosure combined is no greater than 7.5 square meters in area; j. provide each hen with food, water, shelter, light, ventilation, veterinary care, and opportunities for essential behaviours such as scratching, dustbathing, and roosting;

10 Animal Control Bylaw No Page 10 k. maintain each Hen Enclosure and Coop in good repair and keep the enclosure in sanitary condition, free from vermin, and noxious smells and substances; l. keep hen feed enclosed in an airtight container outside of the Hen Enclosure, store feed containers in a location not accessible by wildlife or other animals, and take steps to reduce other wildlife attractants; m..not sell or use eggs produced by hens, except for personal consumption; n. not slaughter any hen on the property; o. not release any hen into the wild; and p. not bury a hen on the property Roosters shall not be kept within the City boundary. 13. No Interference No person shall obstruct or interfere with a Bylaw Compliance Officer in the lawful exercise of his or her duties under this Bylaw. 14. Right of Inspection / Enforcement Pursuant to Section 16 of the Community Charter, a Bylaw Compliance Officer may enter at all reasonable times and with reasonable notice upon any property within the City in order to ascertain whether the provisions of this Bylaw are being complied with Upon request by a Bylaw Compliance Officer, an Owner in contravention of any provision of this Bylaw shall stop and provide the Bylaw Compliance Officer with proof of or identification giving his or her full name, current address and birth date A Bylaw Compliance Officer is hereby authorized to issue orders in writing to every person who owns, keeps, or has custody, care or control of an animal which is in contravention of this Bylaw, and said person shall be responsible for the carrying out of every requirement of every such order. 15. Penalties A person commits an offence and is subject to the penalties imposed by this Bylaw, the City s Municipal Ticket Information System Bylaw No. 2082, and the Offence Act if that person contravenes a provision of this Bylaw, consents to or allows or permits anything to be done contrary to this Bylaw, or neglects or refrains to do anything required by this Bylaw Each day that a contravention of a provision of this Bylaw continues is a separate offence This Bylaw is designated under the provisions of Section 264 of the Community Charter as a Bylaw that may be enforced by means of a ticket in the form prescribed. 16. Severability Each section of this Bylaw shall be severable and if any portion of this Bylaw is held to be illegal or invalid by a Court of competent jurisdiction, the provision may be severed and the illegality or invalidity shall not affect the validity of the remainder of this Bylaw.

11 Animal Control Bylaw No Page 11 READ A FIRST TIME THE 27 th DAY OF JUNE, READ A SECOND TIME THE 27 th DAY OF JUNE, READ A THIRD TIME THE 27 th DAY OF JUNE, ADOPTED THIS 11 th DAY OF JULY, Director of Corporate Administration Mayor Certified a true copy, this day of,.

12 Animal Control Bylaw No Page 12 Schedule A

13 Animal Control Bylaw No Page 13 Schedule B