CITY OF COLWOOD [OFFICE CONSOLIDATION at August 1, 2017*] BYLAW NO. 1533 A Bylaw of the City of Colwood to provide for the licensing and control of animals within the City. WHEREAS Council may regulate, prohibit and impose requirements in relation to animals further to sections 8(3)(k), 47, 48 and 49 of the Community Charter, including bylaw enforcement and related matters further to sections 260 275 of the Community Charter; NOW THEREFORE the Municipal Council of the City of Colwood in open meeting assembled, ENACTS AS FOLLOWS: 1.0 SHORT TITLE This Bylaw may be cited for all purposes as the "Animal Control Bylaw No. 1533, 2014. 2.0 REPEAL The "Animal Control Bylaw No. 1531, 2014, and all amendments thereto, are repealed upon adoption of this Bylaw. 3.0 DEFINITIONS Animal includes Dogs, Cats, Rabbits, Pigeons, Poultry, Fur Bearing Animals and Farm Animals. Animal Control Officer means a person appointed by Council to administer and enforce this Bylaw and includes a Contractor and a Bylaw Enforcement Officer. Animal Performance Assistant At Large means a public show, exhibition, carnival or performance in which animals are required to entertain or perform for an audience. The use of animals for entertainment and exhibition is accepted only where there is a standard of care and housing appropriate to the species that ensures the welfare and well-being of the animals, and protects them from activities, including training, that cause distress or otherwise pose a significant risk to their safety. means a person appointed by Council to assist the Animal Control Officer or Pound Keeper. means being elsewhere than on the lands or premises of the Owner of the Animal and as applicable to Animals including Dogs: (1) not under the immediate control of a person competent to control it; (2) not securely tethered or contained; or (3) not on a Leash. 3900-20-ANI-1898 CONSOLIDATED BYLAW: This bylaw has been consolidated for convenience purposes only and may or may not contain the latest amendments). Electronic and On-Line Consolidated bylaws are not certified copies and they should not be used in place of actual city bylaws. If you require an accurate, up to date and/or certified copy of a City bylaw, please contact City Hall.
-2- Bylaw Enforcement Officer means a person appointed by Council as a Bylaw Enforcement Officer. Cat City Chicken(s) means an Animal of the species Felis domesticus over the age of four months. means the City of Colwood. means Poultry of the Gallus domesticus species. Colwood Creek Park means the City park lands as shown on the map attached to this Bylaw as Schedule E. Contractor Council Dangerous Dog means a person retained under contract by the City as a Pound Keeper to provide Pound Keeping services or as an Animal Control Officer to administer and enforce this Bylaw. means the Municipal Council of the City of Colwood. is as defined in the Community Charter, and as amended from time to time. Deer means a mammal of the cervidae species. Dog Exclusion Zone means all the playing fields on the West Shore Parks and Recreation Facility Lands. Dog means an Animal of the species canine over the age of four months, and includes a Dangerous Dog of any age. Esquimalt Lagoon Migratory Bird Sanctuary means a bird sanctuary located as shown on the sketch plan attached to this Bylaw as Schedule C. Educational Enclosure Fur Bearing Animal means animals used in educational programmes or presentations to inspire people to learn about, respect, and protect animals. means a fence or structure of one point eight two (1.82) metres [six (6) feet] in height forming a confined area suitable to prevent the entry of young children and suitable to confine the Dog enclosed. means any Animal kept or raised for the purposes of fur production without limiting the generality of the foregoing includes, fox, mink, marten, nutria, skunk, chinchilla and fisher. Guide Dog means a dog as defined in the Guide Animal Act, R.S.B.C. 1996, c. 177. Farm Animal Farm Operation means a domesticated Animal normally raised or kept for food, milk or as a beast of burden and, without limiting the foregoing, includes cattle, donkeys, goats, horses, mules, oxen, sheep, and swine but does not include Poultry. means farm operation as defined in the Farm Practices (Right to Farm) Act.
-3- Impounded Kennel Keep Leash License License Tag means seized, delivered, received or taken into the Pound or the custody of the Pound Keeper. means a parcel of land where dogs or cats are kept, trained, cared for, bred or boarded but does not include a Pound. means to lodge, possess, have care and control of harbor, board, bring upon or feed on a regular basis on a parcel of land. means a chain or other material of sufficient strength that does not exceed one point eight two (1.82) metres [six (6) feet] in length and that is suitable for control of the Dog for which it is used. means a Licence issued for a Dog or Cat by the City for the current Licensing Year. means a metal apparatus issued by the City for the current Licensing Year, which includes a license number. Licensed Dog means a Dog that is wearing, either on its collar or harness, a License Tag. Licensing Year Police Dog Owner Pigeon Poultry Pound means that time period between January 1 st and December 31 st inclusive, in each and every year. means a dog owned by an accredited police force and trained to assist police. means any person who Keeps an Animal. means a bird of the family Columbidae. means a bird kept for the purpose of providing meat or eggs and includes chickens, domestic fowl, ducks, geese and turkeys. means the premises designated as a Pound pursuant to s. 3.2 of this Bylaw and used to Keep and maintain Animals pursuant to this Bylaw and includes any vehicle used by the Pound Keeper or Animal Control Officer while carrying out their duties as the Pound Keeper or Animal Control Officer. Pound Keeper means the Pound Keeper appointed by Council, to provide Pounding Keeping Services at the Pound and includes a Contractor. Sterilized Unlicensed Dog means in relation to an Animal one that is spayed or neutered by a veterinarian, as evidenced by a certificate signed by that veterinarian or by an animal adoption agency. means a Dog which does not have affixed to a collar securely fastened about the Dog or neck, or to a harness securely fastened about the Dogs neck, a License Tag issued under this Bylaw or a similar bylaw of any other local government. West Shore Parks and Recreation Facility Lands means the lands of the West Shore Parks and Recreation Facility as shown in Schedule D. Zoning Bylaw means the "Colwood Land Use Bylaw 1989", as amended from time to time.
4.0 POUND AND THE POUND KEEPER 4.1 The Council authorizes: "Animal Control Bylaw No. 1533, 2014. -4- the establishment, maintenance, operation and relocation of a Pound; and the appointment of a Pound Keeper and Assistants. 4.2 The Pound is established as one or more facilities designated by resolution of Council for the impoundment of Animals pursuant to this Bylaw, within or outside the boundaries of the City. 4.3 The Pound Keeper may impound and detain an Animal delivered to the Pound and shall furnish any Animal impounded with sufficient food, water and shelter. 5.0 IMPOUNDMENT AND MAINTENANCE OF ANIMALS 5.1 The Pound Keeper or Animal Control Officer may seize and impound: (d) (e) any Animal which is At Large; any Unlicensed Dog; any Animal that is, straying or trespassing on private property; any Dog in the Dog Exclusion Zone; or any Farm Animal or Poultry on unfenced land that is not securely tethered or contained. 5.2 An impounded Animal may be released to its Owner only after the Owner has paid to the Pound Keeper all fees referred to section 5.7. 5.3 If an Impounded Animal is not claimed within ninety-six (96) hours of being impounded or the fees in respect of an Impounded Animal are not paid within ninety-six (96) hours of the Animal being impounded, the Pound Keeper may, on the expiration of this period, euthanize, sell or otherwise dispose of the Animal including by adopting it out or arranging for foster care. 5.4 The Pound Keeper, upon receiving a certificate from a veterinarian that an Impounded Animal is suffering from an incurable infectious or contagious disease, may immediately euthanize that Impounded Animal. 5.5 Despite section 5.3, the Pound Keeper or Animal Control Officer is authorized to seize and, without impounding, euthanize any Animal, that, in the opinion of the Pound Keeper, is suffering from an injury, condition or illness that cannot be otherwise reasonably addressed. 5.6 A person must not: break open a Pound, or in any manner directly or indirectly aid or assist in breaking open a Pound; enter a Pound without the Pound Keeper's permission; take or release an impounded Animal without the Pound Keeper's permission and without paying all fees, associated with the Impounded Animal. 5.7 The impoundment and maintenance fees for Animals required by this Bylaw are listed in Schedule A attached to this Bylaw.
-5-6.0 KENNELS 6.1 No person may operate a Kennel except as permitted by the City s Land Use Bylaw. 6.2 No person may Keep four (4) or more Dogs, four (4) or more Cats or any combination of Dogs or Cats greater than four (4) per dwelling unit at any one time on any parcel of land in the City. 6.3 The limitation in paragraph 6.2 does not apply to a Kennel, dog or cat groomer or dog or cat daycare use where permitted on the parcel of land in accordance with the Land Use Bylaw. 6.4 A person, who on the date of the adoption of this Bylaw Keeps four (4) or more Dogs, four (4) or more Cats or any combination of Dogs or Cats greater than four (4) per dwelling unit may continue to do so for the duration of the lives of those Dogs or Cats. 7.0 DOG LICENSING 7.1 No person shall own or Keep an Unlicensed Dog except for a Guide Dog or Police Dog. 7.2 The Owner of a Dog shall make an application to the City for a License immediately upon becoming an Owner of the Dog or and on or before the thirty-first (31 st ) day of March in each calendar year and pay to the City the Dog License fees referred to in section 7.11. 7.3 No License Fee under section 7.2 is payable in relation to a Guide Dog or Police Dog. 7.4 If a Dog has been neutered or spayed in the previous twelve (12) months immediately preceding the application for a License, the License Fee for that License Year is zero. 7.5 If requested by the Pound Keeper or Animal Control Officer, the Owner of the Dog shall provide the City with notice from a veterinarian that his or her Dog has been neutered or spayed. 7.6 No Dog License shall be issued to or in the name of any person under the age of nineteen (19) years. 7.7 The Owner of a Dog shall ensure that a License Tag is fastened to a collar or harness worn by his or her Dog at all times. 7.8 Where the License Tag has been lost, destroyed or mutilated, the Owner shall obtain from the City for the remainder of the current Licensing Year a replacement License Tag, upon producing proof of purchase of a valid Dog or License. 7.9 If an Owner of a Licensed Dog changes his or her address within the City, the Owner shall promptly notify the City of his or her new address. 7.10 Any person taking up residence in the City and owning a Dog bearing a valid current License issued by another local government should be exempted from a License Fee in the License Year. However, such owner shall notify the City of the Owners name, address and License number issued by another local government for the Licensing Year. 7.11 The License fees under this Bylaw are listed in as Schedule "A and attached to this Bylaw. 8.0 DOG REGULATIONS 8.1 The Owner of a Dog must not cause or permit his or her Dog: to be At Large; to chase, attack, or bite a person or an Animal;
-6- (d) to howl or bark excessively where such howling or barking disturbs or is likely to disturb persons in the neighbourhood or vicinity; or to be in the Dog Exclusion Zone. On-Leash Areas 8.2 The Owner of a Dog must keep his or her Dog on a Leash within: (d) the Esquimalt Lagoon Migratory Bird Sanctuary Area referenced in Schedule C of this Bylaw; the West Shore Parks and Recreation Facility Lands referenced in Schedule D of this bylaw; the designated area of Colwood Creek Park referenced in Schedule E of this Bylaw; and 10 metres of any playground equipment in any municipal or regional park. 8.3 The Owner of a Dog must immediately remove and dispose, in a waste container or by other sanitary means, any fecal matter deposited by such Dog on public property or private property other than the property of the Owner s, except if the Dog is a Guide Dog or Police Dog. 9.0 ADDITIONAL PROVISIONS FOR DANGEROUS DOGS 9.1 The provisions of this section are in addition to any other regulations, prohibitions or requirements of the Community Charter S.B.C., 2003 C. 26, in relation to Dangerous Dogs. 9.2 No Owner of a Dangerous Dog may cause or allow their Dangerous Dog: to be on a highway or in a public place unless the Dangerous Dog is (i) (ii) (iii) firmly held on a Leash, firmly held by a person competent to restrain the Dangerous Dog, and muzzled by a properly fitted humane device; (d) to be on private land, or in a private building or structure, unless with the consent of the occupier of that property and only if muzzled by a properly fitted humane device; or to be on the Owner's land except if in a building or Enclosure. The Owner of a Dangerous Dog must not cause or permit his or her Dog to chase, attack, or bite a person or an Animal. 9.3 The Owner of a Dangerous Dog must display at each entrance to the parcel of land at which, and the building or structure in which, the Dangerous Dog is kept, a sign,
-7- (i) (ii) (iii) containing the word "WARNING" measuring at least six (6) cm high and twenty (20) cm wide, containing the phrase "DANGEROUS DOG ON PREMISES" measuring at least two (2) cm high and twenty-five (25) cm wide, and that is visible and capable of being read from the nearest sidewalk, street, or lane, if any; (d) within two (2) working days of selling or giving away the Dangerous Dog, provide the City with the name, address and telephone number of the Dangerous Dog's new Owner; advise the City within two (2) working days of the death of the Dangerous Dog and provide a veterinarian's certificate of death; and advise the City immediately if the Dangerous Dog is At Large, or has bitten or attacked a person or Animal. 9.4 No person may deface or remove a sign that is required to be posted under subsection 9.3. 10.0 REGULATIONS AND RESTRICTIONS OF OTHER ANIMALS 10.1 The Owner of any Farm Animal, Fur Bearing Animal, Poultry or rabbit shall not permit, suffer or allow that Animal to: (e) stray, trespass or be At Large on a highway or other public place; stray or trespass on private property; or graze on unfenced land unless securely tethered or contained. 11.0 KEEPING OF PIGEONS 11.1 No person shall keep more than 25 pairs of Pigeons, or a total of 50 Pigeons on any parcel of land within the City; 11.2 No person shall use any building or enclosure for the keeping, housing or feeding of any Pigeons unless the building or enclosure is located at least 7.5 m, from any highway and 45 m from any other parcel boundary 11.3 No person shall suffer or permit any Pigeons owned or kept him or under his control: to stray, feed or roost on any highway or public place; or trespass on any private property. 12.0 KEEPING OF ANIMALS 12.1 Except if the Keeping of the Farm Animals is part of a Farm Operation, and permitted in accordance with the Land Use Bylaw, no person shall keep any Farm Animals on any parcel of land in the City. 12.2 Except if the Keeping of Fur Bearing Animals is part of a Farm Operation, and permitted in accordance with the Zoning Bylaw, no person shall keep Fur Bearing Animals on a parcel of land in the City.
-8-12.3 An owner shall ensure his or her animal is provided with: clean potable drinking water and food of sufficient quantity and quality to allow for healthy growth and the maintenance of healthy body weight; food and water receptacles kept clean and disinfected and located so as to avoid contamination by excreta; the opportunity for regular exercise sufficient to maintain good health, including daily opportunities to be free of a confined area and exercised regularly under appropriate control; and (d) necessary veterinary care when such animal exhibits signs of pain, injury, illness or suffering. 12.4 An owner shall not keep an animal which normally resides outdoors, or which is kept outdoors for extended periods of time, unless such animal is provided with an outdoor which: shelter has a total area that is at least twice the length of the animal in all directions and that also allows the animal to turn around freely and adopt normal resting postures; ensures protection from heat, cold and dampness that is appropriate to the weight and type of protective outer coat of such animal; provides sufficient shade to protect the animal from the direct rays of the sun at all times; and (d) is regularly cleaned and sanitized, and removed of excreta daily. 12.5 No person may cause an animal to be hitched, tied or fastened to a fixed object where a choke collar or choke chain forms part of the securing apparatus, or where a rope or cord is tied directly around the animal s neck. 12.6 No person shall keep any animal hitched, tied or fastened to a fixed object as the primary means of confinement for an extended period of time. 12.7 No person may cause an animal to be confined in an enclosed space or vehicle, including a car, without adequate ventilation. Such enclosed space or vehicle (if stationary) shall be in an area providing sufficient shade to protect the animal from the direct rays of sun at all times. 12.8 No person may transport an animal in a vehicle outside the passenger compartment or in an uncovered passenger compartment unless it is adequately confined or unless it is secured in a body harness or other manner of fastening which is adequate to prevent it from falling off he vehicle or otherwise injuring itself. 13.0 ANIMAL PERFORMANCE 13.1 A person must not operate or carry on a public show, exhibition, carnival or performance in which animals are required to perform tricks, fight or otherwise participate for the amusement or entertainment of an audience. 13.2 Despite subsection 13.1, a person may operate or carry on: an exhibition or performance involving horses or in which individuals ride horses or ponies; an exhibition involving dogs;
-9- (d) a display or showing of animals in an agricultural fair, pet show, or educational presentation; or an event that is conducted in accordance with a permit issued through the Special Event Application Process; if the person does not use or treat any animal in an inhumane manner for profit or advantage. 14.0 KEEPING OF CHICKENS IN RESIDENTIAL AREAS 14.1 No person may keep Chickens on his or her property unless permitted by the Land Use Bylaw. 15.0 FEEDING WILDLIFE 15.1 A person must not feed or leave food out for the purpose of feeding Deer. 15.2 Subsection (1) does not apply to a person who is engaging in hunting or trapping wildlife in accordance with the Wildlife Act and its regulations. 16.0 OFFENCES AND PENALTIES 16.1 With respect to a prosecution in accordance with the Offence Act, the maximum fine for all offences under this Bylaw is Ten Thousand ($10,000.00) Dollars; the minimum fine for a "Dangerous Dog" related offence that results in injury to a human or another Animal is a fine of Two Thousand ($2,000.00) Dollars. the minimum fine for a "Dangerous Dog" related offence that does not result in injury to a human or another Animal is a fine of: (i) (ii) (iii) Five Hundred ($500.00) Dollars for a first contravention, Seven Hundred Fifty ($750.00) Dollars for a second contravention, or One Thousand ($1,000.00) Dollars for a third or subsequent contravention. (d) the minimum fine for any other offence is: (i) (ii) the fine outlined in Schedule "B" for a first contravention, and double the fine outlined in Schedule "B" for a second or subsequent contravention. 16.2 Except as otherwise provided in this Bylaw, or the City of Colwood s Municipal Ticket Information Bylaw No. 761, 2004, and amendments thereto, any person who violates any of the provisions of this Bylaw or who suffers or permits any act or thing to be done in contravention of this Bylaw, or who refuses, or omits or neglects to fulfill, observe, carryout or perform any duty or obligation imposed by this Bylaw shall be liable on summary conviction to a fine not exceeding Ten Thousand ($10,000.00) Dollars. 17.0 INSPECTION 17.1 The Pound Keeper or Animal Control Officer may enter on or into any property in accordance with the Community Charter and this Bylaw. 17.2 The Council authorizes any Contractor to enter on or into property in accordance with the
Community Charter and this Bylaw. "Animal Control Bylaw No. 1533, 2014. -10-18.0 MISCELLANEOUS 18.1 This Bylaw comes into force on the date of its adoption. 18.2 A Dog that is validly Licensed under "Animal Regulation and Impounding Bylaw, 1990, (Bylaw No. 160), at the time when this Bylaw comes into effect is considered to be validly Licensed under this Bylaw until that License expires. 18.3 All schedules of this Bylaw which are attached hereto and form a part of this Bylaw. 18.4 If a section, subsection, sentence, clause or phrase of this Bylaw is for any reason held to be invalid by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Bylaw. READ A FIRST TIME THIS 27 th DAY OF OCTOBER, 2014. READ A SECOND TIME THIS 27 th DAY OF OCTOBER, 2014. READ A THIRD TIME THIS 27 th DAY OF OCTOBER, 2014. ADOPTED BY THE MUNIPIAL COUNCIL OF THE CITY OF COLWOOD THIS 10 th DAY OF NOVEMBER, 2014. Original signed by Carol Hamilton MAYOR Original signed by Pat VanBuskirk CORPORATE OFFICER 3900-20-ANI-1898 - Bylaw-1533.-Animal
-11- SCHEDULE "A" LICENCE FEES 1. A $5.00 discount of the annual Licence Fee in the table below shall be granted to Owners that purchase a licence prior to December 31 st for the next Licensing Year. Classifications Sterilized male or female dog (veterinarian certificate required) Annual Licence Fee $25.00 After March 1 st a $10 later fee is added $35.00 Not sterilized male or female dog $45.00 After March 1st a $10 later fee is added $55.00 Dangerous dog $100.00 IMPOUNDMENT FEES An Owner may claim a Dog impounded pursuant to the provisions of this Bylaw on application to the Pound Keeper and on payment of the applicable Licence Fee if the Dog is unlicensed and the following fees: 1. $75.00 for the first impoundment; 2. $100.00 for a second impoundment; 3. $150.00 for a third or subsequent impoundment; and 4. $15.00 kennel maintenance fee for the first day or part thereof. An Owner may claim a Cat impounded pursuant to the provisions of this Bylaw on application to the Pound Keeper and on payment of the applicable fees: 1. $25 for impoundment; and 2. $10.00 for kennel maintenance fee for each day or part thereof. IMPOUNDMENT FEES FOR ANIMALS An Owner may claim an impounded Animal, other than a Dog or Cat on application to the Pound Keeper and on payment of: $50.00 for the impoundment and $15.00 for each day of maintenance.
-12- SCHEDULE "B" ANIMAL CONTROL BYLAW FINE SCHEDULE Description of an Offence Section Fine Amount Breaking open a Pound 5.6 500.00 Unlawful entry into a Pound 5.6 100.00 Release of Impounded Animal 5.6 500.00 Unlawful Kennel 6.1 500.00 Keeping more than 4 Dogs/Cats 6.2 100.00 Keeping Unlicensed Dog 7.1 100.00 Fail to display License Tag 7.7 50.00 Fail to replace License Tag 7.8 50.00 Fail to advise of change of address 7.9 25.00 Dog At Large 8.1 100.00 Dog Attack 8.1 250.00 Dog barking excessively 8.1 100.00 Dog in Dog Exclusion Zone 8.1(d) 50.00 Dog off Leash in Sanctuary 8.2 75.00 Dog off Leash on Recreation Lands 8.2 75.00 Dog off Leash in Play Area 8.2 75.00 Dog off Leash within 10 meters of Play Area 8.2(d) 75.00 Fail to remove Dog feces 8.3 100.00 Dangerous Dog improperly in a public place 9.2 500.00 Dangerous Dog on private land 9.2 500.00 Dangerous Dog not in building or Enclosure 9.2 500.00 Dangerous Dog Attack 9.2(d) 500.00 Fail to erect Dangerous Dog sign 9.3 250.00 Fail to advise of Dangerous Dog's new owner 9.3 100.00 Fail to advise of death of Dangerous Dog 9.3 50.00 Fail to advise of Dangerous Dog attack 9.3(d) 750.00 Deface or remove Dangerous Dog sign 9.4 100.00 Animal At Large 10.1 100.00 Animal Trespass 10.1 100.00 Animal unlawful grazing 10.1 100.00 Fail to provide water or food 12.3 250.00 Fail to clean food and water bowls 12.3 250.00 Fail to provide exercise 12.3 250.00 Fail to provide necessary veterinary care 12.3(d) 250.00 Fail to provide outdoor shelter 12.4 250.00 Hitch or tie animal using a choke collar 12.5 250.00 Hitch or tie animal to a fixed object 12.6 250.00 Keep animal in an hot enclosure 12.7 250.00 Fail to secure animal 12.8 250.00 Allow animal performance 13.1 250.00 Feed the deer 15.1 200.00
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