— DRAFT —
TOWN OF GIBSONS
DOG LICENSING
AND REGULATION BYLAW NO. 930
BYLAW
NO. 930
A
Bylaw to provide for the
Licensing
and Regulation of Dogs
The Council of the Town of Gibsons in open
meeting assembled, hereby enacts as follows:
1. CITATION
This Bylaw may be cited as "Dog
Licensing and Regulation Bylaw No. 930, 2001”
2. This Bylaw is divided into the following sections:
Page
SECTION
4 - CONTROL OF DANGEROUS DOGS
1. In this Bylaw:
“ANIMAL CONTROL OFFICER”
includes a Bylaw Enforcement/Compliance Officer, the R.C.M.P., the S.P.C.A.,
and any other person(s) appointed by Council to enforce this Bylaw.
"AT LARGE",
when used with reference to a dog or dogs means being elsewhere than on the
premises of a person owning or having the custody, care or control of any dog
and not being under the immediate charge and control of a responsible and
competent person, and where the dog is located upon any highway or public
place, that the dog is not secured to a responsible and competent person on a
leash of not greater than three (3) metres in length;
"BYLAW ENFORCEMENT
OFFICER" means the person from time to time duly
appointed by the Council as the Bylaw Enforcement Officer or Bylaw Compliance
Officer for the Town and also any person lawfully acting in that capacity;
"COLLAR"
means a device to be worn by a dog and to which may be affixed both a tag and a
leash, which device shall be leather, metal, nylon or similar material of
sufficient strength and design to remain securely on the dog and restrain the
dog wearing same;
"COUNCIL"
means the Municipal Council of the Town of Gibsons;
"DOG"
means an animal of the species canine;
"DOMESTIC ANIMAL"
means an animal that is tame or kept, or that has been or is being tamed or
kept, to serve some purpose for the use of humans;
“ENCLOSURE”
means a fence or structure of at least 6 feet in height, 4 feet in width and 10
feet in length, forming or causing an enclosure suitable to prevent the entry
of young children, and suitable to confine a potentially dangerous dog in
conjunction with other measures which man be taken by the owner or keeper, such
as tethering of the potentially dangerous dog.
The enclosure must be securely enclosed and locked and designed with
secure sides, top and bottom and must be designed to prevent the animal from
escaping from the enclosure.
"IMPOUNDED"
means seized, detained, received or taken into the pound or in the custody of
the Bylaw Enforcement Officer or Poundkeeper;
"KENNEL"
includes a place where dogs are kept for breeding or boarding purposes or for
sale;
"LEASH"
means a line, thong or chain used for the purpose of restraining a dog and
which is made of material of sufficient strength that the dog cannot break it;
“muzzled“ Means fitted with a device placed over the mouth of a dog that is of sufficient strength and design to prevent the dog from biting any person or other animal.
"OWNER"
in respect of a dog includes every person who possesses, harbours or keeps a
dog or who has control, care or custody of it, and "owned" shall have
a corresponding meaning;
POTENTIALLY DANGEROUS DOG”
means a dog that meets any one or more of the following conditions:
a)
a dog that, without provocation, has attacked, bitten
or caused injury to a person or has demonstrated a propensity, tendency or
disposition to do so;
b)
a dog that, without provocation, while running at
large, has attacked, bitten, killed or caused injury to a domestic animal;
c)
a dog that, while running at large, has aggressively
pursued or harassed a person;
d)
a dog that, while running at large, has aggressively
pursued or harassed a domestic animal;
e)
a dog with a known propensity to attack or injure a
person without provocation;
f)
a potentially dangerous dog:
i) that
has been impounded 3 times within the previous 24 months;
ii) for
which the owner has received a municipal ticket for running at large 3 times
within the previous 24 months, or for which the total number of impounds and
tickets totals 3 within the previous 24 months.
"POUND"
means the building or enclosure designated from time to time as a pound;
"POUNDKEEPER"
means the person or persons appointed from time to time by the Council to be Poundkeeper
and includes any person lawfully acting in that capacity and specifically
includes the Bylaw Enforcement Officer and the authorized agent of any
corporation or society with whom the Town has an agreement to act as
Poundkeeper;
“RUN AT LARGE”
with reference to a dog means:
a)
a dog located elsewhere than on the premises of the
person owning or having the custody, care or control of the dog that is not
under the immediate charge and control of a responsible and competent person;
b)
a dog located upon a highway or other public place,
including a school ground, park or
public beach, that is not secured on a leash to a responsible and competent
person; or
c)
a potentially dangerous dog that is on the premises of
the owner that is not contained in an enclosure or securely confined within a
dwelling.
"TOWN"
means the Town of Gibsons;
"UNlicenseD DOG"
means a dog over the age of six (6) months for which:
(a) A
valid and subsisting Dog license has not been obtained and paid for as provided
in this Bylaw, or
(b) The
corresponding Dog Tag referred to in this Bylaw is not being worn by the dog
"DANGEROUS DOG"
includes:
a) a
Potentially dangerous Dog that has not been secured and has been given the
opportunity to cause a second incident, or generate a second complaint, based
on the requirements outlined in the definitions for Potentially dangerous Dog.
b) A Dangerous Dog that presents an imminent danger to the public.
(1) (a) No person shall own, possess or harbour
an unlicensed dog.
(b) An application for a Dog license under
this Bylaw shall be made in the form prescribed by the Bylaw Enforcement
Officer and shall be accompanied by payment to the Town of the fee prescribed
in Schedule "A" attached to and forming part of this Bylaw.
(c) The Bylaw Enforcement Officer upon receipt of an application in the prescribed form together with the prescribed fee shall cause a Dog license and corresponding Dog Tag to be issued to the owner of the dog in respect of which the application is made.
(2)
Every Dog license and corresponding Dog Tag issued
under this Bylaw:
(a) Expires on the 31st day of December in
the year in which it was issued; and
(b) Is valid only in respect of the dog for
which it is issued; and
(c) Shall be issued in the form prescribed by
the Bylaw Enforcement Officer and is valid only after the prescribed fee has
been paid and proof of same has been so indicated on the Dog license
application form.
(3) Before
issuing a Dog license and corresponding Dog Tag for a spayed female dog or a
neutered male dog the Bylaw Enforcement Officer may require a Certificate of
Spaying or Neutering for such dog by a qualified Veterinarian.
(4) A
Dog license and corresponding Dog Tag will be issued at no charge to dogs that
are registered in accordance with the Guide Animal Act provided
appropriate proof of such registration is presented to the Bylaw Enforcement
Officer.
(5) (a) The person to whom a Dog license is
issued under this Bylaw shall, while the Dog license is valid and subsisting,
affix and keep affixed the corresponding Dog Tag to a collar or harness worn at
all times by the dog for which the Dog license is issued.
(b) Where a Dog license or corresponding Dog
Tag is lost or destroyed the person to whom the original license was issued
shall replace the Dog license or corresponding Dog Tag by requesting a
replacement and by paying the prescribed fee in Schedule "A".
(1) No
person shall suffer or permit a dog owned, possessed or harboured by that
person to run at large or to trespass in or upon private or public lands or
premises within the limits of the Town.
(2) No
person shall tie or fasten any dog to any traffic sign, parking meter or any
other object within three (3) metres of any travelled roadway or walkway.
(3) (a) Where the Animal Control Officer has
reason to believe that an unlicensed dog has taken refuge on a premises, the
Animal Control Officer may request the occupant of such premises to
satisfactorily show that a valid Dog license has been obtained and paid and to
exhibit the Dog license receipt and corresponding Dog Tag, or to forthwith
deliver the dog to the Bylaw Enforcement Officer.
(b) Where a dog is found to be on such
premises, any person who fails or refuses to exhibit such license and
corresponding tag, or who fails, neglects or refuses to exhibit the Dog license
and corresponding Dog Tag or who fails, neglects or refuses to deliver such dog
on request, or who resists or interferes with such Animal Control Officer in
seizing such dog, shall be deemed to be guilty of an infraction of this Bylaw.
(4) No
owner shall permit any female dog in estrus (heat) to be in any place other
than a building, cage, fenced-in area, or other place from which the dog cannot
escape.
(5) (a) No
person shall permit a dog owned, possessed or harboured by that person to be in
public parks in contravention of signs or other devices placed there by the
Town.
(b)
No person shall permit a dog owned, possessed or
harboured by that person to be on public beaches in contravention of signs or
other devices placed there by the Town, between April 15th and
October 15th, in any given year
(c)
Dogs, on a leash, shall be permitted on the Seawalk.
(d)
Notwithstanding subsection 5(a), a dog is not required
to be on a leash:
a)
in the easterly portion of Lots
8 & 9, District Lot 684, Plan 4438, located on the west side of Shaw Road,
shown as a permitted
off-leash area on the plan attached hereto as Schedule “B”
b)
in that part of
Shaw Road (Inglis Trail) as a permitted off-leash area on the plan attached
hereto as Schedule “C”
c)
on beaches, during winter months,
from October 15th to April 15th only.
(6)
No person
owning, possessing or harbouring a dog shall allow or suffer or permit that dog
to foul a public or private place by deposit of excrement, other than on the
property of the owner of the dog, unless the owner immediately takes steps to
remove the excrement and dispose of the same in a sanitary manner, such as with
a scoop and container.
(7) No
person shall keep more than two (2) dogs on a parcel of real property.
(1) Every owner of an animal that has been deemed “potentially
dangerous” must keep the animal muzzled while in a public place, and must keep
the animal at all times:
a.
securely
confined indoors such that the animal cannot escape;
b.
in an enclosed
pen or other enclosure which prevents the entry of young children and prevents
the animal from escaping; or
c.
on a leash or tether and under the immediate control of a competent
person skilled in animal control; and
(2) It
shall be unlawful for any person to own or have custody of a “dangerous” dog.
(3)
Where a person authorized to enforce this Bylaw has
reasonable grounds to believe that a dog is a “dangerous” dog and has so
advised the owner of the dog, the dog owner shall turn the dog over to the
Animal Control Officer.
(4)
The Animal Control Officer may make application under
Section 707.1 of the Local Government Act to a Judge of the Provincial
Court of British Columbia for an order that a dangerous dog be destroyed in a
manner prescribed in the order, or where the situation is deemed urgent, the
Animal Control Officer may make such application to a Peace Officer so
authorized under the Local Government Act.
(1) A
person authorized to enforce this Bylaw may seize and impound a dangerous dog,
an unlicensed dog or a dog found to be running at large.
(2) No
person shall release or rescue or attempt to release or rescue a dog lawfully in
the custody of a person authorised to enforce this Bylaw.
(3) The
owner of an unlicensed dog or a dog found to be running at large which has been
impounded shall be entitled to redeem the same within seventy-two (72) hours of
impoundment as follows:
(a) In
the case of a licensed dog wearing a Dog Tag, notification shall be made by
telephone where the telephone number of the owner is known; and
(b) In the case of an unlicensed dog,
notification shall be by posting on the bulletin board located in the pound a
description of the dog.
(4) The
owner of an unlicensed dog or a dog found to be running at large which has been
impounded may redeem the same upon proving ownership thereof and paying to the poundkeeper
any unpaid or overdue license fees, impoundment fees and board fees as set out
in Schedule "A".
(5) It
shall be lawful for the Poundkeeper to dispose of dogs not redeemed within
seventy-two (72) hours of impoundment as required from time to time by
euthanasia, adoption or any other means.
No person shall keep a kennel within
the Town.
(1) The
Bylaw Enforcement Officer, R.C.M.P., Sunshine Coast S.P.C.A., and any other
person(s) appointed by Council, are hereby authorized to enforce this Bylaw and
to enter, at any reasonable time onto any property in the course of conduct of
administration of this Bylaw in order to ascertain whether the regulations of
this Bylaw are being observed.
(2)
No person shall interfere with, obstruct or seek to
interfere with or obstruct the Bylaw Enforcement Officer, the R.C.M.P. or any
other person acting in the conduct of administration or enforcement of this
Bylaw.
(3) Where an Animal Control Officer must
seize, impound or detain a dangerous dog:
i)
The Animal Control Officer may, with the consent of
the owner/occupier, enter private property to seize, impound and detain a dog;
ii)
The Animal Control Officer may apply to a Justice to
obtain a warrant to enter and search a property, including a dwelling place, to
seize, impound and detain a dangerous dog;
iii)
If a dangerous dog presents an imminent danger to the
public and it is impractical to obtain a warrant, the Animal Control Officer,
accompanied by the police, may enter into a private property other than a
dwelling place, to seize, impound and detain a dog.
If any portion of this Bylaw is
found invalid by a decision of a court of competent jurisdiction the invalid
portion shall be severed without effect on the remainder of the Bylaw.