CAMPBELL RIVER INDIAN RESERVE # U IN THE PROVINCE OF BRITISH COLUMBIA ANIMAL BY-LAW A BY-LAW TO PROVIDE FOR THE IMPOUNDING AND REGULATION OF ANIMALS AND FOR THE LICENCING THEREOF. The Council of the District of Campbell River in open meeting assembled enacts as follows: 1. This By-Law may be cited for all purposes as "Animal Control By-Law 2005". INTERPRETATION: 2. In this By-Law, unless the context otherwise requires: "Animal" means any dog, cat or domestic animal, "Council" means the Council of the Campbell River Indian Band, "Collector" means the Collector of the District of Campbell River, "District" means the District of Campbell River. "Domestic Animal" means any horse, mule, ass, swine, sheep, goat, rabbit, animal of the bovine species, turkey, goose, duck, fowl, dove, pigeon, fur- bearing animal under the Fur-farm Act, R.S.B.C. I960, Chapter 159, and any wild animal so tamed as to be considered as a pet by the owner thereof. "Dog" means any animal of the canine species, irrespective of age or sex. "Park" means any property including that covered by water ow'ned or operated by the District of Campbell River for the purpose of a public park. "Pound" means any facility established, maintained, or operated as a pound in accordance with this By-Law. "Poundkeeper" means the person appointed from time to time by resolution of Council for the purpose of enforcing and carrying out the provisions of this By-Law, and includes any assistant poundkeeper appointed pursuant to the provisions of this By- Law. "Run at Large" or means being elsewhere than on the premises of a person "Running at Large" owning or having the custody, care or control of any animal and not being under the direct and continuous charge of a person who is competent to control it.
Campbell River Indian Band Animal Control By-Law 2 of 11. "T reasurer” means the Treasurer for the District of Campbell River. " Unlicenced Dog" means any dog for which the licence for the current year has not been paid as provided in this By-Law or to which the tag provided for by this By-Law is not attached. ADMINISTRATION 3. There is hereby established a pound for the District at such location or locations as the Council may, by resolution designate from time to time; provided, however, that the Council shall not designate a location in unorganized territory without the consent of the Minister of Municipal Affairs. 4. The Council may, by resolution, enter into an agreement with the British Columbia Society for the Prevention of Cruelty to Animals (hereinafter called the "S.P.C.A.”) or with any other person or organization for the establishment, maintenance, operation and regulation of a pound or may enter into an agreement with an improvement district or the Minister of Agriculture for the joint operation of a pound. 5. The Council shall, by resolution, appoint a Poundkeeper and such assistant or assistants as it may determine. 6. The Poundkeeper shall keep a poundbook in a form prescribed by the Treasurer from time to time, showing therein every animal impounded, and length of time of such impoundment and all funds received and disbursed in respect of the operation of the pound. 7. The Poundkeeper shall report on the operation and maintenance of any pound in his charge to Council or to any person or committee designated by Council, at such times as Council may direct. 8. Every Poundkeeper shall keep the pound to which he is appointed, clean and in good repair and shall supply the animals impounded therein with sufficient and wholesome food and water and with reasonable shelter, segregation and care, as circumstances may warrant. 9. The Poundkeeper shall pay to the Treasurer, ail funds received by him pursuant to the authority of this By-Law forthwith after receipt thereof and all such funds shall become the property o f the District. LICENCING 10. (1) No person shall keep any dog unless a valid and subsisting licence has been issued in respect of that dog under this By-Law. (2) An application for a licence under this By-Law shall be made by paying the fee prescribed in Schedule "A" attached hereto and forming part of this By-Law, and applying to the Collector in such form as the Collector may from time to time prescribe. 10. confd (3) Upon receipt of the prescribed fee and completed application form signed by the owner of the dog, the Collector shall issue a licence and corresponding licence tag for the dog. (4) A new resident of the Municipality who holds a valid and subsisting dog licence from another Municipality shall be given credit for said licence by making application for a replacement licence and payment of the fee prescribed in Schedule "A”.
Campbell River Indian Band Animal Control By-Law 3 of 11. (5) Upon receipt of proof that a dog has been castrated or has received an ovario hysterectomy, the Collector shall pay to the owner the difference between the Licence fee in Section 2 or 3 and Section 1 in Schedule ,fA" provided, however, that no refund will be considered unless application for same has been received prior to the animal reaching the age of 11 months. (6) Where, in the opinion of the Poundkeeper, an animal having been adopted, proves to be unsuitable, the owner may return the animal and receive a refund of 75% of the fees paid to the District. (7) Notwithstanding the above, the owner of a dog adopted from the Campbell River Animal Shelter after January 1 st, 1984, shall pay the licence fee set out in Schedule "A", Section l as if the dog has been neutered or has received an ovario-hysterectomy. If the owner fails to have the dog altered prior to the age of 11 months, the licence fee shall revert to that set out in Schedule "ET, Section 2. (8) Notwithstanding Section 9 hereof, the Poundkeeper is hereby authorized to retain the difference between the unaltered and altered adoption fees included in Schedule "ET, Section 6. The Poundkeeper shall be accountable monthly to the Treasurer for the funds collected under this Section. 11. (1) Every licence and corresponding licence tag issued under this By-Law (a) expires on the 31 st day of December of the year in which it is issued: and (b) is valid only in respect of the dog for which it is issued. (2) The person to whom a licence is issued under this By-Law, shall, while the licence is valid and subsisting, affix and keep affixed, the corresponding licence tag to a collar or harness worn at all times by the dog for w'hich the licence is issued. (3) Where a licence or licence tag is lost or destroyed, the person to whom the original licence was issued may, by paying the fee prescribed in Appendix "A", apply to the Collector, in a form and manner prescribed by him, for a replacement licence or licence tag. (4) No person other than the owner of the dog shall remove from such dog, a licence tag issued pursuant to this By-Law or a collar or harness to which a licence tag issued pursuant to this By-Law is attached. 12. Where a dog has not been licenced for any calendar year (a) by the 28th day of February of that year; or (b) within one month of its acquisition by its owner; whichever date is the later, the application for a dog licence shall be as prescribed in Schedule MB" to this By-Law. Where a dog has been licenced before the later date as above, a five dollar ($5.00) early payment discount shall be permitted. ANIMAL CONTROL 13. No person owning or having the custody, care or control of any dog shall suffer, permit or allow such animal to run at large within the Campbell River Indian Reserve #11. 14. No person owning or having the custody, care or control of any dog shall suffer, permit or allow such dog to be in a street, lane, park or other public place within the District, unless such dog is led on a leash or chain by a person who is competent to control it.
Campbell River Indian Band Animal Control By-Law 4 of 11. (a) For any person contravening Section 14 of this By-Law, any information may be laid and a summons issued by means of a ticket in accordance with the procedure set out in Section 14(2) to (9) of the Offence Act (1979), R.S.B.C., and Chapter 305. 15. No person shall keep, harbor, house or maintain within the Campbell River Reserve, a vicious or habitually noisy dog. 16. (a) Notwithstanding Section 13, no person having the custody, care or control of any dog shall suffer, permit or allow such animal to enter into a public park unless such animal is leashed at all times and under direct and continuous charge of a person who is competent to control it. (b) No person shall cause or allow any dog owned by them or under their control to defecate on any park unless the person shall immediately remove the excrement; (c) No person who has removed excrement shall deposit same except where the excrement is securely contained in a litter receptacle and in an impermeable bag or other impermeable container so as not to ooze, leak or fall out into public litter receptacles; (d) No animal shall be permitted on Discovery' Fishing Pier or any Tot Lot; (e) No animal shall be permitted within 50 feet of any playground apparatus: (0 This section does not apply to a hearing, seeing or physically impaired person accompanied by a trained guide dog or working dog; <g) Notwithstanding Section 16(a) no person shall cause or allow any dog owned by them or under their control to be on any park or portion of a park during any Special event as determined by the Parks, Recreation & Cultural Director. (h) If, in the opinion of the Parks, Recreation & Cultural Director and the Mayor, the users of any park are not complying with the provisions of this section, they may temporarily close the park to animals. Such closure must be reported to Council w'ho may extend or withdraw the closure. 17. (a) The Poundkeeper or any Peace Officer may immediately seize and impound: (1) any animal that is found in any place contrary to the provisions of Sections 13 to 16 inclusive; or 00 any unlicensed dog. (b) If any Peace Officer seizes an animal pursuant to Section 17, he shall, as soon as practical, notify the Poundkeeper of such seizure and cause such animal to be delivered to the Poundkeeper; (c) The Poundkeeper shall receive and impound any animal delivered to him by a Peace Officer pursuant to subsection (b); (d) The Poundkeeper shall retain in a pound any animal seized and impounded pursuant to this Section and shall not release any such animal except in accordance with the provisions of this By-Law. 18. Where a dog is seized and impounded pursuant to Section 17, the Poundkeeper shall: (a) if the dog is unlicenced, retain it for twenty-four (24) hours; or (b) if the dog is licenced, forthwith notify the owner thereof in person, by telephone or by mail
Campbell River Indian Band Animal Control By-Law 5 of 11. addressed to the last know address of the owner, in which case the notice shall be deemed to have been received by the owner 24 hours after deposit thereof in any post box within the District, giving the following information: (i) date and time of impoundment; (ii) description of dog; (Hi) name and address of the Poundkeeper to whom application may be made for release of the dog; and (iv) costs of seizure, expenses to the date of the notice, and any continuing costs and expenses. 19. Where an animal other than a dog is seized and impounded pursuant to Section 17 the Poundkeeper shall, if the owner is known to the Poundkeeper, forthwith notify the owner in accordance with the provisions of subsection (b) of Section 18. 20- (a) If the owner or duly authorized agent of an impounded dog has not (i) in the case of an unlicenced dog within 24 hours of impounding; or (ii) in the case of a licenced dog within 48 hours of being notified pursuant to subsection (b) of Section 18; appear at the pound and release the dog so impounded by payment of the fees and charges set out in Schedule "B" attached hereto and forming part of this By-Law, plus the cost of a licence for the dog, if applicable, the Poundkeeper may dispose of such dog as hereinafter set out. (b) If the owner or duly authorized agent of an impounded animal does not, within 48 hours of being notified pursuant to Section 19 or within 72 hours of impounding, whichever comes first, appear at the pound and release the animal so impounded by payment of the fees and charges set out in Schedule nB", plus the cost of a licence for the animal, if applicable, the Poundkeeper may dispose of such animal as hereinafter set out. 20- cont'd (c) after the expiration of the relevant period of time set out in subsections (a) or (b) the Poundkeeper may cause the animal to be sold by auction or private sale for an amount not less than the amount o f any fees and charges outstanding plus the cost o f a licence for the animal, if applicable, or if in the Poundkeeper's opinion the animal cannot or should not be sold, he may destroy the animal. (d) Where any animal is sold pursuant to subsection (c) all proceeds therein shall pass to the purchaser and all rights or property in the animal that existed before the sale shall be extinguished. 21. Notwithstanding any other provision of this By-Law if it is found that any impounded animal is suffering from any injury, disease or sickness, or from any other cause or is unduly vicious, the Poundkeeper may, in his discretion, immediately destroy such animal if he is of the opinion that such animal would not survive such injury, disease or sickness, or that such animal constitutes a hazard or that it would be an act of humanity to destroy such animal. 22. The Provincial Court may, on application and on being satisfied that a dog has killed or injured, or is likely to kill or injure a person or domestic animal, order that the dog be killed in a manner prescribed in the order. 23. It shall be the duty of the Poundkeeper to remove the carcass of any dog or cat killed on a public street in the District whenever the killing of such animal on such street comes to his knowledge, and for so doing he shall be entitled to demand and receive from the owner or possessor there (if
Campbell River Indian Band Animal Control By-Law 6 of 11. known) the fee set out in Schedule MBM. 24. (a) The Poundkeeper may, where he has reason to believe that an unlicenced dog has taken refuge on any premises, request the occupant of such premises to satisfy him that such licence has been paid and to exhibit such tag, or to forthwith deliver to him such dog; and where any dog is found to be on any such premises as aforesaid, no person shall fail or refuse to exhibit such licence receipt or tag, or fail, neglect, or refuse to deliver such dog on request, or resist or interfere with such Poundkeeper in seizing such dog. (b) The Poundkeeper may, where he has reason to believe that an unlicenced dog has taken refuge on any premises that he has reason to believe are not occupied, enter such premises in order to seize such dog. 25. No person shall obstruct or interfere with the Poundkeeper or any peace officer in the exercise of any of the powers granted to or duties imposed on them pursuant to this By-Law. 26. No person shall rescue or attempt to rescue any animal lawfully in the custody of the Poundkeeper or of any other person as herein provided, or in a pound. 27. No person other than the owner thereof shall feed pigeons or other birds on or about private or public property and no person shall keep pigeons so that the pigeons congregate in such numbers so as to constitute a nuisance or disturb, or tend to disturb, the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood or of persons in the vicinity. VIOLATION OF BY-LAW 28. (1) Except as otherwise provided in this By-Law, any person who violates any provision of this By-Law or who suffers or permits any act or thing to be done in contravention of the By-Law, or who refuses, or omits or neglects to fulfill, observe, cany-out or perform any duty or obligation imposed by this By-Law shall be liable on summary conviction to a fine not exceeding Two Thousand Dollars ($2,000.00) and not less than the amount set out w'ith respect to each section in Schedule 'C* attached to and forming part of this By-Law. For each day that a violation is permitted to exist, it shall constitute a separate offence. (2) For the purposes of proceeding under this By-Law, a person shall be deemed to be the owner or person otherwise responsible for any infraction of any provision of this By-Law, in the absence of any evidence to the contrary. TRANSITIONAL 29. Any annual licence issued for a dog for the year 1975 pursuant to "The Dog Licence By-Law No. 363,1968" repealed by this By-Law shall remain in full force and effect and shall be deemed to be a licence issued pursuant to this By-Law for the calendar year 1975. REPEAL 30. By-Law No. 344 being the Animal Control By-Law No. 344,1967 and By-Law No. 363 being the Dog Licence By-Law No. 363, 1968 are repealed but not so as to revive any provisions not contained therein. 31. This By-Law shall come into force and take effect on and after the date of final passing hereof.
Campbell River Indian Band Animal Control By-Law 7 of 11. Read a first, second and third time on the 11 th day of March 1975. Reconsidered, finally passed and adopted on the 25th day of March, 1975. "Kenneth O.B. Forde" Mayor "H. Graham Reid" Clerk
SCHEDULE "A" TO BY-LAW NO. 660,1975 LICENCE FEES L For a neutered male in respect of which the applicant produces a certificate of neutering signed by a veterinarian or which is marked in a manner satisfactoiy to the Poundkeeper so as to indicate that it has a neutering, or a female dog in respect of which the applicant produces a certificate of ovario-hysterectomy signed by a veterinarian or which is marked in a manner satisfactory to the Poundkeeper so as to indicate that it has an ovario hysterectomy, a fee of $ 15.00 2. For a male or female dog other than one described in Section 1 of Schedule "A”, a fee of $ 45.00 3. For a replacement licence or licence tag, a fee of S 5.00 4. For an early payment discount under Section 12 $ 5.00 Amended by Bylaw No. 1379, 1983.
SCHEDULE "B" TO BY-LAW NO. 660.1975 FEES AND CHARGES FOR SEIZURE AND IMPOUNDMENT FEEDING» PICK-UP AND DESTRUCTION OF ANIMALS Fees for seizure and impoundment of any animal: (a) Cats and Licenced Dogs (i) For the first seizure and impoundment in a calendar year......................................................................................$ 25.00 (ii) For the second seizure and impoundment in a calendar year $ 50.00 (iii) For the third and each subsequent seizure and impoundment in a calendar year $ 75.00 (b) Unlicenced Dogs (i) For failure to produce a valid licence $50.00 (c) Animals other than Dogs and Cats (i) For the first seizure and impoundment in any calendar year $ 25.00 and in addition thereto the actual costs incurred in capturing and transporting such animal to the Pound. (ii) For the second and each subsequent impoundment in any calendar year $ 50.00 and in addition thereto the actual costs incurred in capturing and transporting such animal to the Pound. Feeding charges for each day or part thereof that an animal is in the Pound (a) Dogs $ 4.00 (b) Cats $ 2.00 (c) Animals other than dogs or cats, the actual cost of feeding
SCHEDULE 'B' TO BYLAW NO. 660.1975 (cont’d) 3. For any animal delivered to the Pound by the owner (a) Adult cat $ 10.00 (b) Mother and Kittens $ 20.00 (c) Litter of Kittens $ 15.00 (d) Kitten $ 10.00 («0 Adult Dog $ 20.00 (0 Mother and 2 -4 Puppies $ 50.00 (g) Mother and 1 Puppy $ 35.00 (h> 2 -4 Puppies $ 30.00 (0 6 -8 Puppies $ 60.00 0) 1 Puppy $ 15.00 (k) Animals other than dogs or cats, the actual cost of destruction and disposal For the removal of the carcass of a dog or cat from a public street in the District $ 5.00 For an animal found at large, not impounded $ 75.00 Adoption (a) (i) Unaltered dog or puppy $ 70.00 (ii) Altered dog or puppy $ 20.00 (b) (i) Unaltered female cat or kitten $ 30.00 (ii) Altered female cat or kitten $ 5.00 (iii) Unaltered male cat or kitten $ 25.00 (iv) Altered cat or kitten $ 5.00 For an animal found in a park or public place where prohibited under Section 16 $ 35.00 8. Failure to immediately remove any solid excrement from a park $ 40.00 Amended by Bylaw No. 1379, 1983 and by Bylaw No. 2418, 1995.
Amendment to Animal Control By-Law No. 660. By-Law No. 2418.1995. SCHEDULE C Offence • Un licenced dog • No licence tag on dog • Removal of licence tag • Animal at large • Unleased dog • Vicious dog • Noisy dog • Unleashed dog in park • Dog excrement not removed from park • Dog excrement not in impermeable bag • Dog excrement not deposited in litter receptacle • Animal on Discoveiy Fishing Pier • Animal within 50 feet of playground apparatus * Dog in Park during special event • Interfere with Poundkeeper's duties • Interfere with Peace Officer's duties • Remove animal from Poundkeepefs custody • Remove animal from Pound * Feed pigeons/birds on public property • Feed pigeons/birds on private property • Keep pigeons that cause nuisance Keep pigeons that disturb Section Fine 10(1) 50.00 11(2) 50.00 11 (4) 50.00 13 75.00 14 75.00 15 150.00 15 100.00 16(a) 75.00 16(b) 50.00 16(c) 50.00 16(c) 50.00 16(d) 75.00 16(e) 75.00 16(g) 75.00 25 150.00 25 150.00 26 150.00 26 150.00 27 50.00 27 50.00 27 100.00 27 100.00
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.