HomeMy Public PortalAboutAnimal Control Consolidated Bylaw 1224
TOWN OF OLIVER
BYLAW NO. 1224
A Bylaw to regulate the care and keeping of animals in the Town of Oliver
Council of the Town of Oliver, in open meeting assembled, ENACTS AS FOLLOWS:
PART I - Administration
Citation
1. This bylaw may be cited for all purposes as “Animal Control Bylaw 1224.”
Repeal
2. The following bylaws are hereby repealed:
(1) Dog Control Bylaw No. 756, 1994; and
(2) Cat Control Bylaw No. 1029, 2002.
Severability
3. If any section or lesser portion of this bylaw is held to be invalid by any court of competent
jurisdiction, the said section or lesser portion shall be severed from this bylaw and the re-
mainder of this bylaw shall remain intact and in force.
Definitions
4. In this Bylaw:
“aggressive dog” means a dog that:
(a) has without provocation, pursued or attacked a person or a domestic animal; or
(b) has demonstrated a propensity, tendency or disposition to be aggressive towards per-
sons or domestic animals;
and includes a dangerous dog as defined in the Community Charter.
“council” means the municipal council of the Town of Oliver
“dawn” means 1 hour before sunrise as defined by Environment Canada.
“dog-free area” means a public place where dogs are prohibited by this bylaw.
“harbour” means to keep, store, care for or house an animal either at a permanent and regular
residence or at a location used on a temporary basis.
“leash” means a strap, rope, chain or other physical tethering device attached at one end to the
collar or harness worn by an animal and held at the other end by a person.
Bylaw 1224 Page 2
“off-leash area” means a public place designated in this bylaw where dogs may be released from
a leash during specified times or occasions.
“owner” means a person who holds a current licence for an animal, but includes anyone in the
possession, care, custody, or control of an animal and “own” has a corresponding mean-
ing.
“provocation” includes:
(a) taunting, teasing or striking an animal;
(b) entering or reaching into a vehicle in which an animal has been left by its owner; or
(c) entering or reaching onto private property where an animal is harboured.
“public place” means a road, sidewalk, pathway, school ground, park, public beach, or other land
owned by a government or government agency where the public is invited to enter or por-
tions of private land where the public is invited to enter including but not limited to, park-
ing lots, plazas, sitting areas and building entranceways.
“running at large” with reference to an animal means:
(a) an animal located elsewhere other than the location it is normally harboured without
being confined in a cage or in a vehicle or under the direct charge and control of a re-
sponsible and competent person; or
(b) an animal located on or in a public place, that is not secured on a leash to a responsi-
ble and competent person;
and “run at large” has a corresponding meaning.
“Town” means the Town of Oliver.
“wild or exotic animal” means any animal listed in Schedule B attached to and forming part of
this bylaw.
Animal Control Officer
5. Any bylaw enforcement officer appointed by council shall also be designate d to serve as an
animal control officer for the purpose of enforcing this bylaw and for the purpose of under-
taking actions in relation to dangerous dogs as authorized by section 49 of the Community
Charter.
Shelter Manager
6. Council shall, from time to time as may be required, appoint a Shelter Manager who may hire
an assistant or assistants as deemed necessary, who shall operate the pound for the impound-
ing of dogs pursuant to the provisions of this bylaw.
(1) The Shelter Manager must keep the records for each impounded animal on the Town ap-
proved form.
(2) At the end of every month the Shelter Manager must submit a report to the Town contain-
ing the information on the Town approved form,
Amended by
Bylaw 1224.02
May 9, 2016
Bylaw 1224 Page 3
(3) All money received by the Shelter Manager pursuant to this Bylaw is the property of the
Town.
Part II - Licensing
Mandatory Licence
7. Subject to section 8, the owner of every dog:
(1) annually on or before the last day of January in each year, or as soon thereafter as a dog
attains an age of six months, must cause the dog to be registered, numbered, described or
photographed and licensed in the office of the Town or at such other place designated by
council;
(2) must annually on or before the first day of February in each year, pay all applicable l i-
cense fees as set out in Schedule A, attached to and forming part of this bylaw; and
(3) must at all times cause each dog which they own to wear a collar or a harness to which a
valid and current license tag is attached.
License and Fee Exemptions
8. Notwithstanding section 7:
(1) When the owner of a dog is not a resident of the Town, that owner shall be exempt from
the licensing provisions of this bylaw if the following conditions are met:
(a) the dog is licensed and is wearing a valid license tag of a province or local govern-
ment other than the Town; and
(b) the dog has not been harboured within the Town for more than 30 days.
(2) All persons with disabilities requiring the aid of a guide dog shall be required to obtain a
licence for their guide dog, but there shall be no fee charged for this licence.
(3) When the owner of a dog in respect to which a licence is issued under this bylaw sells or
otherwise ceases to be the owner of the dog, the licence shall, in respect of that dog
thereupon become cancelled, but no license fee refund shall be made.
Amended by
Bylaw 1224- 01
February 22, 2010
Bylaw 1224 Page 4
PART III – Animal Regulations
Animal Care
9. A person who keeps an animal, or a person who has care, custody or control of an animal,
must give the animal food, water, shelter, and exercise sufficient to maintain the animal in
good health.
10. A person who keeps an animal, or a person who has care, custody or control of an animal,
must not tie or fasten an animal to a fixed object by using a choke collar or choke chain or by
tying a rope, chain, or cord directly around the animal’s neck.
11. A person who keeps an animal, or a person who has care, custody or control of an animal,
must not confine the animal in an enclosure unless the air ventilation, temperature, and size
of the enclosure is sufficient to maintain the animal in good health.
12. A person who keeps an animal, or a person who has care, custody or control of an animal,
must take precautions against the danger of heat exhaustion and heatstroke for their animal
and not leave an animal in a vehicle on a warm or humid day.
13. 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 the
vehicle or otherwise injure itself.
Exotic and Wild Animals Prohibited
14. Subject to section 17, no person shall breed, possess, exhibit for entertainment or educational
purposes, or display in public either on a temporary or on a permanent basis within the Town,
any wild or exotic animal as listed in Schedule B, attached to and forming part of this bylaw.
(1) No person shall on private or public land or on any stream or body of water, feed, set out
food or set out and leave unattended or unsecured any waste food, plant materials, meat
or animal byproducts, or any refuse, garbage or material of any kind which may likely be
consumed as food by any of the following undomesticated animals:
(1) bears
(2) coyotes or other wild dogs
(3) cougars or other wild cats
(4) deer
(5) ducks, geese or other wild waterfowl
(6) skunks
(7) raccoons
(8) marmots, mice, rats and other rodents
Permitted Animals and Number of Animals
15. Subject to section 17, no person shall:
Amended by
Bylaw 1224- 01
February 22, 2010
Amended by
Bylaw 1224.02
May 9, 2016
Bylaw 1224 Page 5
(1) own or harbour any animal that is not listed in Column 1 of Schedule C, attached to and
forming part of this bylaw;
(2) own or harbour any type of animal in excess of the maximum number permitted in Col-
umn 2 of Schedule C; or
(3) own or harbour any animal contrary to the conditions set out in Column 3 of Schedule C.
Exceptions to Animal Ownership Restrictions
16. Notwithstanding sections 15 and 16:
(1) A person who operates a circus, animal show or other itinerant entertainment business
and who obtains a valid business licence to stage their show in the Town may bring into
the Town for the duration of the business licence:
(a) wild or exotic animals; and
(b) animals not listed in Schedule C or animals in excess of the maximum numbers listed
in Schedule C;
provided such animals are part of the licenced circus, animal show or other itinerant en-
tertainment business for which the business license is issued;
(2) A person who carries on a bona fide farm operation on land zoned for agriculture or land
on which agriculture is permitted as a legal, non-conforming use, may own animals not
listed in Schedule C or animals in excess of the maximum numbers listed in Schedule C,
provided:
(a) such animals form part of the farm operation;
(b) the keeping of such animals conforms with generally-accepted farming practices;
(c) no more than two dogs over 6 months of age are kept on any farm operation and
(d) such animals do not include wild or exotic animals; and
(3) A person who has a business license to operate an animal kennel may exceed the number
of animals permitted in Schedule C as set out in the business license.
(4) A school may exceed the number of animals permitted in Schedule C.
(5) The following premises are permitted to house animals not listed in Schedule C on a
temporary basis:
(a) the premises of the Town used for keeping impounded animals;
(b) the premises of the RCMP;
(c) the premises of a veterinarian licensed by the British Columbia Veterinary Medical
Association, providing veterinarian care;
(6) Premises are permitted for educational or research purposes to house animals not listed in
Schedule C for which a valid permit is in place under the Wildlife Act or are accredited by
the Canadian Council for Animal Care.
Bylaw 1224 Page 6
Running at Large
17. All persons who own an animal other than a domestic cat, must take all necessary precau-
tions and make or do all necessary things to ensure that their animal does not run at large.
Noise from Animals
18. A person who owns or occupies premises of any animal must take all necessary steps and do
all necessary things to ensure that any animal they own is tended to at all times as required to
avoid making any noise that can easily be heard which disturbs, or tends to disturb, the quiet,
peace, rest, enjoyment, comfort or convenience of a neighbourhood, or of persons in the vi-
cinity of the animal.
Dogs on Leash
19. Subject to section 21, all persons who take or lead or permit a dog onto a public place other
than a designated off-leash area must at all times:
(1) keep the dog attached to a leash that does not extend longer than 5 metres; and
(2) call the dog closer and shorten the leash to not more than 1.2 metres long when approach-
ing or being approached by other people or animals.
Off-leash Areas
20. Notwithstanding section 18 and 20, in the areas listed in Schedule D attached to and forming
part of this bylaw, dogs which are not aggressive dogs may be allowed to be detached from a
leash during the dates, times and occasions indicated provided they are under the direct
charge and control of a responsible and competent person. Dogs which in the opinion of an
animal control officer are not under direct charge and control are deemed to be running at
large and subject to seizure and penalties.
Dog-free Areas
21. No person may take or lead or permit a dog to go onto any public place described in Sched-
ule E, attached to and forming part of this bylaw, during the dates, times or occasions speci-
fied therein.
Care of Aggressive Dogs
22. All persons who own an aggressive dog shall:
(1) be over the age of 18;
(2) when the aggressive dog is not in a public place, keep the aggressive dog:
(a) securely confined indoors;
(b) in a fenced and locked enclosure which prevents the aggressive dog from escaping
and which prevents the entry of any unauthorized person; or
(c) locked in the cabin of a motor vehicle with the windows open only enough for venti-
lation but not enough to let the dog escape;
Amended by
Bylaw 1224.02
May 9, 2016
Bylaw 1224 Page 7
(3) when the aggressive dog is in a public place, ensure that the aggressive dog is at all times
wearing a muzzle and is attached to a leash no longer than 1.2 meter and under the con-
trol of a responsible person over the age of 18, including in any area that is designated in
this bylaw as an off-leash area;
(4) display a sign declaring in legible writing and with a recognized symbol that the dog is
aggressive at each entrance to the property and building in which the dog is kept;
(5) promptly notify the Town’s animal control officer if the dog is found to be running at
large; and
Dog Feces
23. The owner of any dog, other than an owner who is legally blind and accompanied by a guide
dog tethered to a leash or harness, when in a public place or on private property not belong-
ing to or not legally occupied by the dog owner, must:
(1) be in possession of a plastic bag, box, scoop or other device suitable for collecting and
carrying any feces deposited by the dog; and
(2) take all necessary steps to remove feces deposited by the dog and dispose of such feces in
a sanitary manner.
Rabies Vaccination
24. All dogs over six months of age harboured in the Town of Oliver must be effectively vac-
cinated against rabies.
Bylaw 1224 Page 8
PART IV – Enforcement
Authority to Enter Private Property
25. An animal control officer is hereby empowered to enter any private lands and with reasona-
ble notice into any residence, in order that he may verify compliance with the provisions of
this bylaw and to seize any animal that is legally subject to seizure under the provisions of
this bylaw or any other enactment.
Interfering with Enforcement Officer
26. No person shall obstruct, or otherwise interfere with a poundkeeper or an animal control of-
ficer in the lawful exercise of his duties under this bylaw.
Fees and Penalties
27. Fees and penalties to be paid in relation to the seizure of animals, including additional fees
and penalties for aggressive dogs are hereby established as set out in Schedule A, attached to
and forming part of this bylaw.
Seizing and Impounding Animals
28. A poundkeeper or an animal control officer may seize and impound any animal that is:
(1) an unlicensed dog;
(2) running at large;
(3) not securely tethered, fenced or penned in accordance with this b ylaw; or
(4) subject to suffering that an animal control officer considers cannot be otherwise ad-
dressed.
No Unauthorized Release of Animals
29. No person shall release, rescue or attempt to release or rescue any animal lawfully in the cus-
tody of a poundkeeper or an animal control officer.
Fees Must be Paid Before Release
30. No animal which is impounded may be reclaimed unless all outstanding fees and penalties in
Schedule A have first been paid in full.
Destruction after 72 Hours
31. A poundkeeper or an animal control officer is authorized at his or her sole discretion, to de-
stroy, sell or otherwise dispose of any animal impounded under this bylaw unless the dog is
reclaimed and all required fees, charges and penalties prescribed in this bylaw are paid within
72 hours of the animal being impounded.
Fees and Penalties Remain Payable
32. The owner of any animal that is seized and impounded under this bylaw shall be required to
pay to the Town any and all prescribed fees and penalties:
Bylaw 1224 Page 9
(1) regardless of whether or not the impounded animal is reclaimed; and
(2) regardless of whether or not the impounded animal escapes from or is illegally released
from the pound.
Offence
33. 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 or in violation of any of the provisions of this b ylaw,
or who neglects to do or refrains from doing anything required to be done by any of the pro-
visions of this bylaw, is guilty of an offence under this bylaw, and liable to a fine of up to
$5,000.00.
Separate Offences
34. When a violation, contravention or neglect to comply with any provision of this bylaw is re-
curring, continuing or ongoing in nature, each day's continuation or recurrence shall be con-
sidered a separate offence.
Read a first and second time on the 22nd day of June, 2009.
Read a third time on the 13th day of October, 2009.
Adopted on the 26th day of October, 2009.
______________________________ ______________________________
Mayor Deputy Corporate Officer
Bylaw 1224 Page 10
Schedule A Fees and Disbursement Amount
License Fee Annual (Calendar Year) 25
After Due Date ( February 1) 30
Not spayed or neutered
plus 20
Declared aggressive
plus 50
Other Fees
Lost license 5
Impound - Not Aggressive
First 50
Second 100
Third 250
Fourth 500
Impound - Aggressive 1,000
Boarding Fee
(per 24 hrs)
35
Per day plus 15%
Fee to Destroy Cost plus 15%
Penalties per offence
Not licensed (first) 50
Not licensed (Second, subsequent) 100
Not wearing license 25
Animal at large (not aggressive) 50
Aggressive Dog at large 200
Amended by
Bylaw 1224.02
May 9, 2016
Amended by
Bylaw 1224.03
October 11, 2016
Re
s
c
i
n
d
e
d
see
Fe
e
s
& Ch
a
r
g
e
s
Co
n
s
o
l
i
d
a
t
e
d
By
l
a
w
13
8
3
Bylaw 1224 Page 11
Schedule B – Wild and Exotic Animals
The animals listed below are deemed to be wild and exotic animals, regardless of how or where
they were acquired or whether they have received any animal training or been otherwise domes-
ticated:
1. alligators, caimans, crocodiles (crocodilia);
2. apes, lemurs, gorillas and monkeys (primates); excludes humans;
3. anteaters, armadillos, and sloths (edentata);
4. badgers, polecats, otters, wolverines, weasels (mustelidae); excludes descented skunks
and domestic ferrets, minks and ermines;
5. bats (chiroptera)
6. bears (carnivora);
7. beavers, porcupines, squirrels, muskrat, marmots, and gophers (rodentia); excludes do-
mestic hamsters, guinea pigs, chinchillas, rats and mice;
8. boas and pythons (boidae);
9. cassowaries, ostriches, emus, rheas (struthioniformes);
10. cats, including lions, jaguars, cheetah, tigers, hyenas, mountain lion, lynx, bobcat, ocelot
and leopard (feloidea); excludes domestic cats;
11. civets, genets, meerkat, mongooses (viverrids);
12. camel, hippopotamus, tapir, rhinoceros or hyrax (ungulata); excludes domestic goats,
sheep, pigs, cattle, horses, llamas, alpacas, mules and donkeys;
13. dogs, including bush dogs, dingos, raccoon dogs, African wild dogs, coyotes, jackals, and
wolves; excludes domestic dogs;
14. dolphins, porpoises and whales (cetaceans);
15. elephants, including Asian and African (proboscidae);
16. falcons, peregrines, gyrfalcons, kestrels, hawk, condor, eagle, vultures (falconiformes);
17. venomous or poisonous frogs, toads and salamanders (amphibia);
18. hares, pikas and rabbits; excludes domestic rabbits (lagomorpha);
19. hedgehogs, moles and shrews (insectivora); excludes African Pygmy Hedgehogs;
20. kangaroos, wombats, bandicoots, opossoms (marsupialia); excludes sugar gliders;
21. venomous or poisonous lizards (sauria);
22. owls (strigiformes);
23. raccoons and coatimundi (procyonids);
24. seals and walrus (pinnipedia);
25. venomous or poisonous snakes, (serpentia);
26. venomous or poisonous spiders, insects, fish and scorpions;
27. venomous or poisonous turtles, green and Hawksbill (Australia), tortoises and terrapins
(chelonia);
Bylaw 1224 Page 12
Schedule C – Permitted Animals on Lands which are not Farms
Other than as part of a bona fide farm operation on land which is zoned to permit agricultural
land use, only the following animals may be harboured in the Town of Oliver and where indicat-
ed, harbouring such animals is subject to the stated conditions and limits per single property or
per residence (1):
Column 1 Column 2 Column 3
Type of Animal Maximum Number Special Conditions
Domestic dogs 2 dogs over 6 months in age
per residence
(2)
Domestic cats 2 cats over 6 months in age per
residence
(2)
Fish no limit In aquaria or outdoor fish ponds
Budgies, canaries, par-
rots and other birds
6 per residence Must be kept indoors or in an out-
door cage at all times
Gerbils, hamsters and
other rodents
6 per residence Must be kept in an indoor cage at
all times
Amphibians and reptiles 6 per residence Must be kept in an indoor cage at
all times
Chickens No chickens on properties un-
der 500 m2. Otherwise three
hens plus one additional hen
for each full 100m2 of lot area
greater than 500m2
Females only
NOTES:
(1) For clarity, the following animals are specifically excluded from any interpretation of the
above list of permitted animals:
1. Wild and Exotic animals listed in Schedule B
2. Peacocks and peahens
3. Rabbits
(2) If on the date a person moves into Town that person owns more than two dogs or more
than two cats, or both, that person may harbour up to three of those dogs and up to three
of those cats in a residence for as long as those dogs and cats remain alive. After any of
the dogs or cats owned on the date the person moves into town die or otherwise cease to
be owned by that person, the maximum limits on dog and cat ownership set out in the
above table shall apply.
Bylaw 1224 Page 13
Schedule D – Off-Leash Areas
Dogs under the direct charge and control of a responsible and competent person are permitted
without a leash in the following areas during the dates and times indicated:
Off-Leash Area Dates Times
Street ends abutting Tucelnuit Lake All year dawn to 10:00pm
Community Park All year dawn to 9:00am
Fenced Area North End of Lion’s
Park All year dawn to 10:00pm
South of Fairview Road Okanagan
River Hike and Bike
All year dawn to 9:00am
Schedule E – Dog-Free Areas
Dogs are prohibited from the following public spaces during the dates and times indicated:
Dog-Free Area Dates Times
Rotary Beach May 1 through Sep 30 24 hours/day
Kinsmen Playground All year 24 hours/day
All School Grounds School days 8:00am to 5:00pm
Sports fields in all parks All year when occupied by other
persons playing sports
Amended by
Bylaw 1224.04
November 1, 2017