TOWN OF
DOG LICENSING
AND REGULATION BYLAW NO. 930
ADOPTED: ______________
SECTION
3 - CONTROL OF DANGEROUS DOGS
SECTION 4 - CONTROL OF GUARD
DOGS
SECTION
7 – RIGHT OF ENTRY AND SEISURE
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General Concerns and Comments:
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TOWN OF |
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BYLAW NO. 930 |
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A Bylaw to provide for the
Regulation |
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and Licensing of Dogs |
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WHEREAS the Council of the
Town of |
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NOW THEREFORE the Council
of the Town of |
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1. CITATION
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This Bylaw may be cited for
all purposes as "Town of |
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2. Bylaw No. 735 and all
amendments thereto are hereby repealed. |
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3. This Bylaw is divided
into the following sections: Page |
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SECTION 1 - DEFINITIONS.............................................................................................2
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SECTION 2 - CONTROL OF
DOGS.................................................................................3
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SECTION 3 - CONTROL OF DANGEROUS
DOGS.........................................................5 |
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SECTION 4 - CONTROL OF
GUARD
DOGS...................................................................5 |
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SECTION 5 - LICENSING OF DOGS...............................................................................6
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SECTION 6 - POUND
OPERATION.................................................................................7
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SECTION 7 - RIGHT OF ENTRY
AND SEIZURE.............................................................8 |
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SECTION 8 -
SCHEDULES..............................................................................................8
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SECTION 9 - SEVERABILITY..........................................................................................8
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SECTION 10 -
PENALTIES..............................................................................................9
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SCHEDULE "A"...............................................................................................................10
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SCHEDULE
"B"...............................................................................................................12
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SCHEDULE
"C"...............................................................................................................15
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SCHEDULE
"D"...............................................................................................................16
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SCHEDULE
"E"...............................................................................................................17
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DOG LICENSING &
REGULATION BYLAW NO. 930, 2002 Page 1 |
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SECTION 1 - DEFINITIONS
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In this Bylaw: |
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“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. |
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"AT LARGE", means
a dog or dogs being elsewhere than on the premises of the owner while not
being in the immediate charge and effective control of a responsible and
competent person. |
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"BYLAW OFFICER" means
any person 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 including R.C.M.P. officers and the S.P.C.A. |
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"COLLAR OR
HARNESS" means a device of leather, metal, nylon or similar material to
be worn by a dog and to which may be affixed both a tag and a leash. The
collar or harness shall be of sufficient strength and design to remain
securely on the dog and restrain the dog wearing same. |
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"COUNCIL" means
the Municipal Council of the Town of |
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"DANGEROUS DOG" means a dog that: |
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(a) According to the records of the Town of Gibsons,
R.C.M.P., or the S.P.C.A., has |
Concern: proof and
the right to dispute, and right false records. |
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(b) To the |
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(c) Is bred or trained specifically for fighting
purposes. |
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"DOG" means an animal of the species, canine. |
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“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 declared dangerous dog in
conjunction with other measures which may be ta |
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"GUARD DOG" means a dog that is specifically
trained and used for the purposes of guarding property, including
residential, commercial, and industrial property. |
Concern: Dog naturally defend and protect their owner’s property
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"IMPOUNDED" means seized, detained, received
or ta |
Add “In a legal manner as prescribed by law” |
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DOG LICENSING &
REGULATION BYLAW NO. 930, 2002 Page 2 |
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"INCURABLE DISEASE OR SUBSTANTIAL INJURY"
includes rabies, and injuries that a registered veterinarian considers will
result in death. |
Concern: “and diagnosed by a registered veterinarian in good standing.” |
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"LEASH" means a device of leather, metal,
nylon or similar material of no more than 2 meters in length, which may be affixed
to a dog’s collar or harness. It shall be of sufficient strength and design
to remain securely affixed to the collar or harness and restrain the dog
wearing same. |
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"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 while allowing the dog to adequately
breathe through its mouth. |
A humane device |
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"OWNER" means a person: |
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(a) To whom a license for a dog has been issued under
this Bylaw; |
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(b) Who owns, is in possession of, or has the care or
control of an animal; |
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(c) Who harbours, shelters, permits or allows an animal
to remain on or about that person’s land or premises; or |
Prove |
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(d) Who is the custodial parent or legal guardian of a child
under the age of 18 years who owns, is in possession of, or has the care or
control of an animal. |
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"POUND" means the building or enclosure
designated from time to time as a pound. |
Specify location within the Town limits; accessible and within one city
bloc |
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"SENIOR" means anyone of the proven age of 65
years or older. |
Add definition of person with disability, person on fixed income living
below the poverty line. |
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"S.P.C.A." means
the British Columbia Society for the Prevention of Cruelty to Animals
including any of its branches in |
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"TOWN" means the
Corporation of the Town of |
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"UNLICENSED DOG"
means any dog over the age of six (6) months that does not have a valid
license tag for the current year attached to its collar or harness. |
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SECTION 2 - CONTROL OF DOGS
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1. No person shall |
Delete 2.1 |
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(a) A person may |
Delete 2.1.a |
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(b) A person may |
Delete 2.1.b |
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2. Every owner of a dog shall: |
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(a) Keep the dog confined so that it cannot escape
while it is on the owner’s property; |
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(b) Keep the dog securely fitted with a collar or
harness displaying its current dog tag;
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Allow under the s |
DOG LICENSING &
REGULATION BYLAW NO. 930, 2002 Page 3 |
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(c) Keep a dog on a leash when
on all public roads, places and areas within the Town boundaries with the
exception of those areas listed in Sections 2 and 3 of Schedule “B”; |
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(d) Not allow or permit a
dog to be in a par |
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(e) Keep the dog within
eyesight and under immediate charge and effective control when in an “Off
Leash Area” as listed in Section 3 of Schedule “B”; |
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(f) Not tie or fasten any dog to any traffic sign, par |
Business owners to provide secure dog tie ups |
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(g) Keep all dogs carried in the rear of an open
vehicle on a leash or harness so that the dog is securely |
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3. Every owner of a dog
must ensure that: |
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(a) The dog does not
aggressively pursue or harass a person without provocation; and |
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(b) The dog does not |
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4. The owner of a dog that is in oestrus (heat) must: |
How is the owner to tell? |
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(a) Keep the dog securely confined indoors or within a
building or enclosure that will prevent the escape of the dog or the entry of
other dogs when the dog is on private property; |
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(b) Keep the dog on a leash and in the control of a competent
person, when it is in a public place. |
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5. No owner shall breed a dog for the purpose of
financial gain without first gaining written authorization from the Town and
acquiring the appropriate business license.
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Delete section as it promotes puppy mills etc. |
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6. No owner shall permit a dog to cry or bar |
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7. Without limiting Section 2.6, no owner shall allow a
dog or dogs to call, cry or bar |
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8. No owner of a dog shall allow
the dog to leave or deposit excrement on any public place or private property
other than on the property of the owner, unless the owner immediately ta |
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DOG LICENSING &
REGULATION BYLAW NO. 930, 2002 Page 4 |
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SECTION 3 - CONTROL OF DANGEROUS DOGS
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1. Every owner of a dangerous dog shall: |
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(a) Keep the dog securely
confined either indoors or in an enclosure capable of preventing the entry of
young children and adequately constructed to prevent the dog from escaping
while the dog is on the owner’s property; |
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(b) Keep the dog
effectively muzzled and secured on a leash while not on the owner’s property;
and |
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(c) Notify the Town within
one (1) wee |
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2. Every owner of a
dangerous dog must post warning signs, which give clear notice of the dog’s
presence to anyone visiting the property as follows: |
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(a) The lettering on the
signs must be clearly visible from the lesser of the curb line or fifty (50)
feet away; |
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(b) The signs must be
posted in each driveway or entrance to the property and, if other than a
single-family property, at all exterior doors of the building. |
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SECTION 4 - CONTROL OF GUARD DOGS
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1. Before bringing a guard
dog into or using a guard dog in the Town, every owner of a guard dog must
register the dog with the Town as a guard dog and record with the Town: |
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(a) Proof of certification
from a recognized professional in this field, that the guard dog has been
fully trained and meets the requirements needed to be designated a guard dog;
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(b) The address where the
dog is usually |
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(c) The approximate hours during
which the dog will be performing guard duties; |
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(d) The age, sex, breed and
dog licence number of the dog; and |
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(e) The full name, address
and telephone number of the owner and any other individual who will be
responsible for the dog while it is on guard duty. |
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2. Should any of the
information provided under Sections 4 1.(b), 4 1.(c), and/or 4 1.(e) need to
be changed, the owner must communicate the change in writing to the Town at
least 24 hours before the change occurs. |
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DOG LICENSING &
REGULATION BYLAW NO. 930, 2002 Page 5 |
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3. Every owner of a guard
dog, which is not confined within a loc |
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(a) The outdoor area where
the dog is |
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(b) The dog is securely
confined in an enclosure, which will prevent unauthorized entry and prevent
the dog from escaping. |
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4. Every owner of a guard
dog must post warning signs, which give clear notice of the dog’s presence to
anyone visiting the property as follows: |
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(a) The lettering on the
signs must be clearly visible from the lesser of the curb line or fifty (50)
feet away; |
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(b) The signs must be posted
in each driveway or entrance to the property and, if other than a
single-family property, at all exterior doors of the building. |
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SECTION 5 - LICENSING OF DOGS
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1. No person shall |
Exception of under s |
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2. The person to whom a Dog Licence is issued under
this Bylaw shall, while the Dog Licence is valid and subsisting, affix and |
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3. An owner of a dog over six (6) months old must ma |
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4. Before issuing a Dog Licence and corresponding Dog
Tag for a spayed female dog or a neutered male dog the Animal Control Officer
may require a Certificate of Spaying or Neutering for such dog by a qualified
Veterinarian. |
Delete section |
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5. An owner of a dog
already deemed dangerous shall notify the Town of such information on
application for a license. |
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6. If a dog is validly licensed outside the boundaries
of the Town and moves into the territorial jurisdiction of the Town, the
owner must within 14 days, apply to the Town for a license and pay the fee
set out in Schedule “A”. |
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7. A person who acquires a
dog with a valid Town license must transfer the license within 14 days at no
cost. |
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DOG LICENSING &
REGULATION BYLAW NO. 930, 2002 Page 6 |
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8. If a Dog Licence Tag is lost,
stolen or otherwise rendered unreadable, the dog owner must, within 10 days,
ma |
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9. Every Dog Licence and
corresponding Dog Tag issued under this Bylaw: |
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(a) Expires on the 31st day
of December in the year in which it was issued; and |
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(b) Is valid only in
respect of the dog for which it is issued. |
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10. A Dog Licence 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
Animal Control Officer. |
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SECTION 6 – POUND OPERATION
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1. If a licensed dog is
impounded under this bylaw, the Animal Control Officer must either spea |
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2. If an unlicensed dog is impounded under this bylaw,
the Animal Control Officer must either spea |
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3. The owner of a dog that has
been impounded may recover the dog from the Pound by providing the Animal
Control Officer or Pound with adequate proof of ownership, and by paying the
fees prescribed in Schedule “A” of this Bylaw, in accordance with the number
of days the dog was impounded and the number of times that the dog has been
impounded. |
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4. The owner of an
unlicensed dog must also replace the dog’s license tag or license the dog,
and pay the fees prescribed in Schedule “A” for this purpose, before
recovering the dog from the pound. |
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5. The owner of a dangerous
dog that wants to reclaim a dangerous dog that has been impounded must pay
the dangerous dog handling and care surcharge in Schedule “A” in addition to
the regular impoundment and board fees, and must read, complete and sign a
release form. |
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6. The owner of a dog shall pay the maintenance and
other applicable fees set out in Schedule “A” to this bylaw, even if the
owner does not reclaim the dog. |
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7. The Animal Control Officer may sell, dispose of, or
humanely destroy a dog with the consent of the owner, or after the expiration
of 72 hours from the date notice of impoundment was given under Sections 6.1
and 6.2. |
Minimum 90 from date of
serving notice on the owner per Supreme Court of BC Rules |
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DOG LICENSING &
REGULATION BYLAW NO. 930, 2002 Page 7 |
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8. The Animal Control Officer may destroy any animal
that is suffering from an incurable disease or substantial injury. |
When a licenced Veterian
so certifies. |
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9. No person shall rescue, attempt to rescue or release
any dog in the Pound or in the custody of the Animal Control Officer. |
Lawfull Custody |
SECTION 7 – RIGHT OF ENTRY AND SEISURE
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1. The Animal Control
Officer, alone or with others, may seize, impound or detain a dangerous dog,
an unlicensed dog or any dog running at large. |
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2. The Animal Control Officer is hereby authorized to: |
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(a) Enter at all reasonable times, upon any property
within the Town in order to ascertain whether the provisions of this bylaw
are being obeyed; |
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(b) With the consent of the owner/occupier, enter
private property to seize, impound or detain a dog. |
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(c) 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; |
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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. |
Prove it |
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4. 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. |
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5. The Animal Control Officer may ma |
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6. No person shall hinder, delay or obstruct the Animal
Control Officer or any person lawfully engaged in the execution of his or her
duties under this bylaw. |
Animal Control Officers
have no training, are not Licenced, or regulated |
SECTION 8 - SCHEDULES
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1. Schedules “A” through
"E” inclusive are included in and form part of this bylaw and are
enforceable in the same manner as this bylaw. |
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SECTION 9 - SEVERABILITY
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1. 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. |
Admission of unconstitional
sections |
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DOG LICENSING &
REGULATION BYLAW NO. 930, 2002 Page 8 |
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SECTION 10 – PENALTIES
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1. Every 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 bylaw, or who neglects to
do, or refrains from doing anything required to be done by any of the
provisions of this bylaw commits an offence and is liable upon conviction to
a penalty not more than Five Thousand ($5,000) Dollars, together with the
cost of prosecution. |
Maximum $100 Fine |
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2. Each day that a violation of the provisions of this
Bylaw exists or is permitted to exist shall constitute a separate offence. |
Provided each offense is
sepeartely summanced and served on the owner |
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READ a First time this the
day of 2002 |
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READ a Second time this the
day of 2002 |
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READ a Third time this the
day of 2002 |
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RECONSIDERED AND FINALLY
ADOPTED this the day of 2002 |
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Barry J. Jany |
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Certified a true copy of
"Dog Licensing and Regulation |
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Bylaw No. 930, 2002 |
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Cler |
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DOG LICENSING &
REGULATION BYLAW NO. 930, 2002 Page 9 |
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SCHEDULE "A"
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TO TOWN OF |
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DOG LICENSING AND
REGULATION BYLAW NO. 930, 2002 |
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FEES |
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1. LICENCE FEES |
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1.1 License fees for each
year or part thereof if paid by January 31st of the licence year: |
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* For the purposes of this
Bylaw a "Senior" is anyone of the proven age of sixty-five (65)
years or older. |
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1.2 The fees for a Dog Licence
being purchased after January 31st of the licence year shall be 1.5 times the
fees set out above. |
Delete clause |
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1.3 Notwithstanding Section
1.2, fees for Replacement Dog Tags shall not be 1.5 times the established
fees. |
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1.4 Notwithstanding Section 1.2, after January 31st in
each year dogs coming into Gibsons from another location, or dogs newly
acquired shall not be required to pay 1.5 times the fees established,
provided the owners of the dogs are able: |
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1.4.1 to show proof of having been licensed in a
previous jurisdiction; or |
Were that jurisdication
requires licencing |
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1.4.2 to submit a Veterinarian's Certificate showing
proof the dog would have been under six 6. months of age prior to January
31st; or |
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1.4.3 to show proof of purchase or adoption of the dog
after January 31st. |
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DOG LICENSING &
REGULATION BYLAW NO. 930, 2002 Page 10 |
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SCHEDULE "A"
CONTINUED |
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2. IMPOUNDMENT FEES –
LICENCED DOGS |
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The owner of any animal impounded
under this Bylaw may reclaim the dog on application to the Animal Control
Officer/Bylaw Officer, by providing proof of ownership, and paying the
following fees as applicable prior to release of the licensed dog: |
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2.1 Spayed female or
neutered male |
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2.1.1 First
impoundment..........................................................$30.00
plus board |
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2.1.1 Second impoundment
within 12 months |
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of first
impoundment...........................................................$50.00
plus board |
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2.1.2 Third impoundment
within12 months |
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of second
impoundment…………………………………….$75.00 plus board |
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2.1.4 Fourth and each
successive impoundment within |
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12 months of second
impoundment……………………...$200.00 plus board |
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2.2 Un-spayed female or
un-neutered male |
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2.2.1 First impoundment..............................................................$50.00
plus board |
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2.2.2 Second impoundment
within 12 months |
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of first
impoundment...........................................................$75.00
plus board |
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2.2.3 Third impoundment
within 12 months |
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of second
impoundment...................................................$100.00 plus
board |
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2.2.4 Fourth and each
successive impoundment within |
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12 months of third impoundment......................................$300.00
plus board |
Fines limited to $100 |
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2.3 The impoundment fee for
an un-spayed female in oestrus (heat) shall be 1.5 times the fee set out in
2.2 above. |
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3. DANGEROUS DOGS -
SURCHARGE |
If the dog is certified
and proven in a court of law to be dangerous. |
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3.1 Notwithstanding 2.1,
2.2 and 2.3 above, an impoundment fee of $300.00 shall apply upon the
impoundment of a dangerous dog, regardless of whether the dangerous dog is
licensed or unlicensed. |
$100 fine |
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4. OTHER CHARGES |
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4.1 Board fees are $15.00
per day or part thereof while impounded. |
Or the minimum rate
charged within the SCRD upon proff of lawfull confinement. |
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4.2 Any costs incurred by the
Animal Control Officer in the euthanasia of an animal. |
Delete clause |
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DOG LICENSING &
REGULATION BYLAW NO. 930, 2002 Page 11 |
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SCHEDULE "B”
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TO TOWN OF |
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DOG LICENSING AND REGULATION
BYLAW NO. 930, 2002 |
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AREA DESIGNATIONS |
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SECTION 1 – ON LEASH AREAS |
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All public roads, places and areas are to
be deemed an ON LEASH AREA with the exception of those areas listed in
sections 2 and 3 of this Schedule. |
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SECTION 2 – PROHIBITED
AREAS |
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All par |
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All beaches between April 15th and October 15th of each year with the
exception of any beaches listed in Section 3 of this Schedule |
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Private property without the consent of the
private property owner. |
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SECTION 3 – OFF LEASH AREAS
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All beaches between October 16th and April 14th
of each year. |
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The Inglis Trail which runs between |
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(see diagram #1). |
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The open lots 8 &9, District Lot 684,
Plan 4438, on the west side of Shaw road directly across from the O’Shea road
intersection (see diagram #2). |
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Dogs in all off leash areas
must be within “eyesight” and under the immediate charge and effective
control of their owner. Owners are responsible for removing excrement
deposited by their dogs. |
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DOG LICENSING & REGULATION
BYLAW NO. 930, 2002 Page 12 |
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DIAGRAM #1 |
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INGLIS TRAIL OFF LEASH AREA
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DOG LICENSING &
REGULATION BYLAW NO. 930, 2002 Page 13 |
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AREA DESIGNATIONS |
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DIAGRAM #2 |
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DOG LICENSING & REGULATION
BYLAW NO. 930, 2002 Page 14 |
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SCHEDULE “C”
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TO TOWN OF |
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DOG LICENSING AND
REGULATION BYLAW NO. 930, 2002 |
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FINES |
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Note: Where multiple violations have occurred
simultaneously, the lesser fines may be dropped depending on the severity of
the situation and at the discretion of the issuing officer in charge. |
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DOG LICENSING &
REGULATION BYLAW NO. 930, 2002 Page 15 |
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SCHEDULE "D"
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TO TOWN OF |
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DOG LICENSING AND
REGULATION BYLAW NO. 930, 2002 |
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APPLICATION FOR RELEASE OF
A DANGEROUS DOG |
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TOWN OF |
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Gibsons, B.C. V0N 1V0 |
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APPLICATION FOR RELEASE OF
A DANGEROUS DOG |
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1.
I,_______________________, of ____________________________________________ |
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(name of owner) (address of
owner) |
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in the Town of |
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Breed:
___________________________ Dog’s Name: ___________________________ |
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Colour:
___________________________ Sex: ___________________________ |
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Age: ___________________________
Dog License No. _________________________ |
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2. I am the owner of the
Dog. |
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3. I am aware and have been
informed that the Dog is a dangerous dog within the meaning of section 707.1
of the Local Government Act and I am aware of the responsibility and
potential liability which rest with me in |
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4. In consideration of the
release of the Dog to me, I hereby ac |
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(a) I will |
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(b) I will |
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(c) I will |
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(d) I will notify the Town
within 1 wee |
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(e) I will post warning
signs that give clear notice of the Dog’s presence to anyone visiting the
Property as required in the Town’s Bylaws in effect from time to time; |
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(f) I will save harmless and
indemnify the Town of Gibsons, its Bylaw Enforcement/Compliance Officer, and
any of its officers, employees, agents or elected or appointed officials from
and against any and all actions, causes of action, proceedings, claims,
demands, losses, damages, costs or expenses whatsoever and by whomsoever
brought in any way arising from or caused by the release of the Dog to me or
the |
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5. I submit herewith the
sum of $__________ in payment of all license and impounding fees payable by
me the Town of Gibson’s under the Town’s Bylaws. |
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_____________________________
_____________________________ |
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(Name of Witness)
(Signature of Owner) |
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_____________________________
_____________________________ |
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(Signature of Witness)
(Date) |
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DOG LICENSING & REGULATION
BYLAW NO. 930, 2002 Page 16 |
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SCHEDULE
"E"
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TO TOWN OF |
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DOG LICENSING AND
REGULATION BYLAW NO. 930, 2002 |
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ANIMAL SURRENDER AND
RELEASE |
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TOWN OF |
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Gibsons, B.C. V0N 1V0 |
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ANIMAL SURRENDER and
RELEASE |
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DESCRIPTION OF DOG: |
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Age __________ Breed
_______________________Colour ________________ (the “Dog”) |
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Owner’s Name _________________________________
Phone________________ |
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Address
____________________________________________________________ |
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1. I,
___________________________, am the owner of the Dog described above, |
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and have full
responsibility for the Dog. |
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2. In exchange for the Town
of |
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3. I release the Town of |
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4. I sign this Release
having fully read and understood the release, and having had an opportunity
to review this release with legal counsel of my choice. |
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DOG LICENSING &
REGULATION BYLAW NO. 930, 2002 Page 17 |
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