Dog Licence Regulations

THE CORPORATION OF THE CITY OF PENTICTON

BYLAW NO. 2001-30

BEING A BYLAW TO PROVIDE FOR THE LICENCING

AND CONTROL OF DOGS WITHIN THE CORPORATE
LIMITS OF THE MUNICIPALITY OF PENTICTON

WHEREAS it is deemed expedient to provide for the licensing and control of dogs within
The Corporation of the City of Penticton:

THEREFORE the Municipal Council of the Corporation of the City of Penticton in open
meeting assembled, enacts as follows:

1. DEFINITIONS

In this Bylaw, unless the context otherwise requires:

“ANIMAL CONTROL OFFICER” means a municipal employee, officer, agent

designated as an Animal Control Officer by the Council of The Corporation of the
City of Penticton, or a peace officer;

“COLLECTOR” means The Corporation of the City of Penticton;

“DANGEROUS DOG” means a dog which:

i) has a known propensity, tendency or disposition to attack other
animals or persons; or
ii) has aggressively pursued, attacked or bitten another animal or
person; or
iii) bites, inflicts injury, assaults or otherwise attacks a human being
or domestic animal on public or private property without
provocation; or
iv) chases or approaches a person on public or private property in a
menacing fashion or apparent attitude of attack;

“DOG” means an animal of the species canine, that is apparently over the age of
three (3) months, but does not include seeing eye dogs and assistance dogs;

“INCURABLE DISEASE” means any disease, sickness, injury or mutilation, which

would inevitably result in death, including without limitation, rabies;

“KENNEL” includes a place where dogs are kept for breeding or boarding purposes
or for sale;

“MUNICIPALITY” means The Corporation of the City of Penticton;

Bylaw 2001-30 Dog Licence Regulations Page 2

“OWNER” includes the possessor, harborer or keeper of any dog;

“OWNERLESS” where it does not have affixed to its collar or harness a valid and
subsisting license tag, except that a dog that has affixed to his collar or harness a
valid and subsisting license tag issued by another jurisdiction outside the
Municipality shall not be deemed ownerless but it shall be subject to every other
provision of this Bylaw.

“OWNED” means possessed, harbored or kept;

“RUNNING AT LARGE” where it is, except for dogs in designated off leash areas,
not under control by being:
i) on the property of its owner or another person who has the care
and control of the dog; or
ii) secured upon a leash of a length not exceeding six (6) feet and in
the direct and continuous charge of a person who is competent to control it;
or securely confined within an enclosure so that it is unable to roam;
iii) confined within a motor vehicle so as to prevent escape there from and to
prevent access to persons. Such restraint must provide for suitable
ventilation.

2. CONTROL OF DANGEROUS DOGS

Definition of “at-large”
For the purposes of this Section
a) “at large” means:
i) not leashed, muzzled and under the control of a competent person while on a
highway, park, or other public place; or
ii) not confined within a building or within a securely locked enclosure
at least 1.83 metres in height having a concrete, asphalt or
wooden floor, a roof and wire or steel mesh sides, designed and
maintained so as to prevent the entry of any person not in control
of the dog and to prevent the escape of the dog while on the
property of the owner of the dog. Such dog shall not be chained
as means of confinement.

Control of Dangerous Dogs

b) No owners of a dangerous dog shall permit, suffer or allow the dog to be at
large.

Reclaim of Dangerous Dogs

c) The owner of any dangerous dog impounded under this Bylaw may reclaim it on
application to the poundkeeper within 48 hours from the time of its seizure by
providing proof of ownership, paying any impoundment and related fees as set
out in the City’s Fees and Charges Bylaw and any applicable fine as set out in
the City’s Municipal ticketing Information Bylaw and delivering to the Animal
Control Officer an executed statement in the form specified in Schedule “A”
attached hereto and forming part of this Bylaw.
Bylaw 2001-30 Dog Licence Regulations Page 3

Seize, impound and detain

d) The Animal Control Officer may
i) with the consent of the owner/occupier, enter private property to seize,
impound and detain a dangerous dog;
ii) apply to a justice for a warrant authorizing the Animal Control Officer 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 private property, other than a dwelling place,
to seize, impound and detain a dangerous dog.

Destruction of Dangerous Dogs

e) If a dangerous dog has been impounded and is not reclaimed within the 48
hour impounding period, the Animal Control officer may cause such dangerous
dog to be destroyed; providing that where the owner of such dangerous dog
requests a further period of time in which to construct an enclosure for the
dog, the Animal Control officer may extend the time limit to reclaim the dog for
a period of not more than 10 days upon receipt of payment in advance of all
applicable impoundment and additional fees specified in the City’s Fees and
Charges Bylaw and the City’s Municipal Ticketing Information Bylaw.

3. MAINTENANCE, SHELTER AND CONFINEMENT

Dogs to be kept in fenced area or pen

a) All dogs while outside and not controlled by a leash, unless within a public
park which has been designated by Council resolution as an “Off-leash area”,
shall be kept in a fenced area or pen in the rear yard. Said fence or pen shall
be a minimum size of 3’ x 5’ per dog for a pen and 4’ x 12’ for a run. All
fences shall be of adequate height to contain the dog(s) or shall be covered
and all gates shall be capable of being locked.

Tethering in front yard

b) No owner shall tie, secure, tether or pen any dog in a front yard or within 5 feet
(1.5m) of any side or rear property line.

Tethering in rear yard

c) No owner shall tie, secure, or tether any dog except in the rearyard and the
tethering system shall allow adequate freedom of movement, with a minimum
of 10 feet (3m) radius.

Roaming free in rear yard

d) Notwithstanding the foregoing, where a rear yard of a property is fully
enclosed with a secure fence and a self locking gate which will effectively
prevent any dog from escaping therefrom, a dog may be allowed to roam free
anywhere therein.
Bylaw 2001-30 Dog Licence Regulations Page 4

Requirement to build fence

e) Upon notification, a dog owner shall be required to erect a secure fence or pen
as described in Section 3(a) of this bylaw within fourteen (14) days. If the
fence or pen is not built within the fourteen (14) days, a charge may be laid
pursuant to the provisions of this bylaw.

Shelter, feed, water and clean-up

f) Anyone who keeps an animal must provide:
i) Clean, potable drinking water at all times, and suitable food of sufficient
quantity and quality to ensure normal growth and the maintenance of normal
body weight;
ii) Food and water receptacles kept clean and located so as to avoid
contamination by excrement;
iii) The opportunity for periodic exercise sufficient to maintain good health,
including the opportunity to be unfettered from a fixed area and exercised
regularly, under appropriate control;
iv) Shelter to ensure protection from heat, cold, and wet. Such shelters must
provide sufficient space to allow any animal to turn about freely, to sit, stand,
and lie in a normal position; In an area providing sufficient shade to protect
the animal from the direct rays of the sun at all times; any pen must be
regularly cleaned and sanitized, and all excrement removed, at least once a
week.

4. LICENSING

Requirement to have license

a) No person shall own a dog unless a valid and subsisting license tag has
been issued in respect of this Bylaw. Seeing eye and assistance dogs are exempt
from this requirement.

Payment of license fee

b) An application for a licence under this Bylaw shall be made by paying the fee
prescribed in the City of Penticton current Fees and Charges Bylaw to the
Collector or his agent at the City Hall, the Animal Control Officer of the
Municipality, or any other agent as designated by the City of Penticton from time
to time.

Kennel license
c) The operator of a kennel shall purchase five (5) male licenses, which may be
used on any dogs in the kennel. A separate licence must be obtained for each
dog over the age of three (3) months upon sale of such dog to a resident of the
City of Penticton.

License issuance
d) The Collector, or his agent, or the Animal Control officer of the Municipality,
upon receipt of the application in the prescribed form, and the prescribed fee,
shall cause to be issued to the owner a license and corresponding license tag for
the dog in respect of which the application is made.
Bylaw 2001-30 Dog Licence Regulations Page 5

License term
e) Every license and corresponding tag issued under this Bylaw;
i) expires on the 31st day of December in the year specified
on the license and tag,
ii) is valid only in respect of the dog for which it is issued and,
iii) shall be issued in the form prescribed by the Collector of the
Municipality, and is valid only after the prescribed fee has
been paid and proof of same has been so indicated on the form.

License to be affixed to collar

f) The person to whom a license is issued under this Bylaw shall, while
the license is valid and subsisting, affix and keep affixed the
corresponding license tag to a collar or harness worn at all times by the
dog for which the license is issued.

Replacement license
g) Where a license or license tag is lost or destroyed, the person to whom
the original license was issed may, by paying the prescribed fee and
applying in the prescribed form and manner apply to the Collector or his agent;
the Animal Control Officer of the Municipality; or any other agent as
designated by the City of Penticton, for a replacement license or
license tag.

5. CONTROLLING AND IMPOUNDING

Unlawful to run at-large

a) It shall be unlawful for the owner, possessor, harbourer and custodian
of any dog to suffer or permit the same to run at large within the
Municipality, with the exception of registered guide and assistance
dogs except in a designated off leash area.

Unlawful to attack
b) It shall be unlawful for the owner of any dog to suffer or permit the
same to attack or viciously pursue a person or a domestic animal.

Clean-up exrement
c) Every owner, possessor, harbourer and custodian of any dog shall
immediately cleanup and remove excrement from such dog from all
public parks, walkways, public open space, road rights of way and
Municipal property, and dispose of the same in a sanitary manner.

Requirement to impound
d) The Animal Control Officer, or any person acting as such for the time being,
shall take into custody and impound in the prescribed manner a dog that is
running at large; and shall keep any dog so impounded for at least
forty-eight (48) hours, and until such dog shall have been delivered to
its owner, or sold, or destroyed as hereinafter provided.

Return of licensed dog

Bylaw 2001-30 Dog Licence Regulations Page 6

e) Where a dog that is impounded under Section 5(d) is licensed, the

Animal Control Officer shall release the dog to the owner upon payment of the
prescribed impounding and/or other fees. If the owner fails to claim the dog the
Animal Control Officer may destroy or sell the said dog.

Ownerless dog
f) Where a dog that is impounded under Section 5(d) is apparently
ownerless and unlicensed under this Bylaw, the Animal Control officer may
i) release the dog to any person who, under Section 2, obtains a valid and
subsisting license for the dog and pays the prescribed impounding and/or
other fees, or,
ii) destroy the dog, or
iii) sell the dog, or
iv) the Animal Control Officer may destroy any impounded dog suffering from
an incurable disease, with such disease having been confirmed by a qualified
veterinarian.

Removal of dog
f) Where an Animal Control officer has in any 12 month period impounded any
dog three (3) times or more, or where the owner of any dog has been
convicted of an offence under this Bylaw in respect of that dog three (3) times
or more in any 12 month period then the Animal Control Officer may order that
the dog be removed from the Municipality within a reasonable period of time,
and upon failure of the owner of the dog to comply with the order, the Animal
Control officer may take the dog into custody and destroy it.

Duty to impound
h) It shall be the duty of the Animal Control officer to cause all dogs running at
large contrary to the provisions of this Bylaw to be impounded and to
prosecute all persons offending against any of the provisions of this bylaw.

Removal of carcasses
i) It shall be the duty of the Animal Control Officer to remove from any public
place the carcass of any animal and dispose of or destroy such carcass in
such manner as may be approved by the Municipality.

6. NUMBER OF DOGS

Five acres or more

a) No person occupying lands and premises of less than five (5) acres
shall own more than three (3) dogs at any one time;

Less than five acres

b) Where more than one person occupies lands and premises of less than five
(5) acres they shall be deemed to be one person for the purposes of this
section;

Kennel exemption
c) This section does not apply to owners or occupiers of a kennel.
Bylaw 2001-30 Dog Licence Regulations Page 7

7. COURT ORDER

Destruction application
a) A Judge of the Provincial Court of British Columbia may upon application and
upon being satisfied that a dog has killed or injured or is likely to kill or injure
a person or a domestic animal, order that the dog be killed in the manner
prescribed in the order.

8. OFFENCE

Offence:
a) Every person who violates any provisions of this bylaw or who suffers or
permits any act or thing to be done in contravention or in violation of any
provisions of this bylaw, or who neglects to do or refrains from doing
anything required to be done by any provisions of this bylaw, or who does
any act which violates any provisions of this bylaw, fails or refuses to comply
with an order made pursuant to this bylaw, or obstructs or interferes with an
Animal Control Officer in the exercise of his/her duty under this bylaw, is guilty
of an offence against this bylaw and liable to the penalties hereby imposed.
Each day that a violation is permitted to exist shall constitute a separate
offence.

9. PENALTY

Fine:
a) Every person who commits an offence against this bylaw is liable upon
summary conviction to a fine and penalty of not more than $2000.00 and not
less than $100.00 for each offence.

b) Notwithstanding the minimum fine referred to in Section 9(b) of this bylaw,

every person who commits an offense against Section 2(b) of this bylaw is
liable to a fine not less than $500.00 for each offence.

10. ANIMAL CONTROL OFFICER

Designation of Officers
a) That for the purpose of Section 707.1 of the Local Government Act Council
may designate from time to time a municipal employee, officer or agent as an
Animal Control Officer.

Entry onto property

b) The Animal Control officer is hereby authorized to enter, at all reasonable
times upon any property within the Corporation of the City of Penticton,
which is subject to any regulations of this bylaw, in order to ascertain
whether such regulations are being observed.
Bylaw 2001-30 Dog Licence Regulations Page 8

11. REPEAL

Bylaw No. 94-38 and amendments thereto are repealed upon the adoption hereof.

12. CITATION

This Bylaw may be cited for all purposes as the “Dog Licence Regulations Bylaw No.
2001-30(2001)”

READ A FIRST time this 22nd day of May, 2001.

READ A SECOND time this 22nd day of May, 2001.
READ A THIRD time this 22nd day of May, 2001.
RECONSIDERED and FINALLY PASSED and ADOPTED
this 4th day of June 2001. .

Mayor

City Clerk

Certified a true copy of Bylaw

No.2001-30 as adopted.

Clerk

SCHEDULE “A”
BYLAW 2001-30

APPLICATION FOR RELEASE OF DANGEROUS DOG

1. I, , of
(Name of Owner)
Bylaw 2001-30 Dog Licence Regulations Page 9

(Address of Owner)

In the City of Penticton, British Columbia, hereby apply for the release of the following dog, which
has been impounded pursuant to Bylaw Number 2001-30:

Breed:
Dog's Name:
Colour:
Sex:
Weight:
Age:

2. I am the owner of the above-described dog.

3. I am aware and have been informed that the dog is a "dangerous dog" within the meaning
prescribed by Bylaw Number 2001-30 and I am aware of the responsibility and potential liability
which rests with me in keeping or harboring such a dog and state that the dog will be kept at:

(Street Address)

4. In consideration of the release of such dog to me, I hereby acknowledge, covenant and agree
with the City of Penticton, THAT.

a) I will at all times when the said dog is not effectively muzzled, on a leash and under the control of a person who
is competent to control the dog, keep such dog in a dwelling or accessory building or within a securely locked
enclosure complying with the requirements of Bylaw Number 2001-30.

b) I will save harmless and indemnify the City of Penticton, its Animal Control Office 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 such dog to me or the keeping or harboring of such dog by me
and, without limiting the generality of the forgoing, for any personal injury or death inflicted on any other animal or
any person by such dog or any damage to property caused by such dog.

5. I submit herewith the Sum of $ in payment of all fines, licence and impounding
fees payable by me pursuant to Bylaw Number 2001-30 and the City’s Fees and Charges Bylaw
and Municipal Ticketing Information Bylaw.

Signature of Owner
Dated at Penticton, B.C.
this day of _______
200__
______________________________________________________
Signature of Animal Control Officer