Animal Responsibility Bylaw

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Consultation has concluded

drawing of dog, cat, turtle, hamster, parrot and chameleon.

Thank you for your interest in learning more about the Animal Responsibility Bylaw. Here, you will learn about the new bylaw, be able to ask questions and submit your feedback.

Background

In December 2019, the City hired a consultant, Allan Neilson of Neilson Strategies, to:

  • review the City’s animal control services,
  • identify service-related issues,
  • conduct research on best practices and experiences in other jurisdictions, and
  • provide recommendations for the City to consider.

The findings of the report recommended an amendment to the bylaw to focus on the importance of responsible pet ownership and to incorporate the following provisions:

Thank you for your interest in learning more about the Animal Responsibility Bylaw. Here, you will learn about the new bylaw, be able to ask questions and submit your feedback.

Background

In December 2019, the City hired a consultant, Allan Neilson of Neilson Strategies, to:

  • review the City’s animal control services,
  • identify service-related issues,
  • conduct research on best practices and experiences in other jurisdictions, and
  • provide recommendations for the City to consider.

The findings of the report recommended an amendment to the bylaw to focus on the importance of responsible pet ownership and to incorporate the following provisions:

  • removing reference to “Restricted Dogs” since it is no longer best practice (and not practicable) to target;
  • changing “Vicious Dog” to “Aggressive Dog”;
  • modernizing sections to reflect current best practices on standards of care;
  • requiring every owner of a cat to provide the cat with identification;
  • requiring every cat that is permitted to go outside be spayed or neutered; and
  • prohibiting cats to be at large in a public place or on another person’s property, unless it is under the immediate charge and control of the owner or other person responsible for the animal.

At their July 6, 2020 meeting, Council supported these recommendations and directed staff to develop a bylaw to incorporate the recommendations.

Staff reached out to stakeholders that would be most affected by the bylaw and asked for their input:

  • Alison Cuffley, Government Relations Officer, for the BC SPCA and Leon Davis, Shelter Manager for the BC SPCA Nanaimo location
  • Ian Fraser and Carley Cocluff, from Nanaimo Animal Control Services
  • Chrystal Kleisinger, Executive Director of the Cat Nap Society
  • Lynn Devries, who has raised backyard bees for the past 30 years provided feedback and clarification on the wording as it relates to the keeping of bees.

“The proposed Animal Responsibility Bylaw is a welcome improvement over the current bylaw. The addition of animal care standards, regulations for cats, and the replacement of breed specific legislation with stronger dangerous dog provisions will improve the welfare of animals in our community while also helping to protect public safety.”

Carley Colclough, Pound and Adoption Coordinator for Nanaimo Animal Control Services

"The BC SPCA is supportive of municipalities who take a proactive approach to public health and safety through comprehensive animal bylaws. Incidents involving cat overpopulation, dangerous dogs, and hoarding have created expectations for regulators to proactively address these issues and the City of Nanaimo has an opportunity to be a leader in this regard. Municipalities without bylaws in place to address animal issues can also become known as a “safe haven” for people who neglect and abuse animals. The BC SPCA frequently encounters scenarios where a person facing enforcement action in one municipality for animal neglect will move to another with fewer regulatory bylaws. As the City of Nanaimo has taken a practical approach to updating their animal responsibility bylaw, the BC SPCA is in support of these changes and the positive outcome for animals in your community."

Alison, Government Relations Officer, BC SPCA

"On behalf of CatNap Society (Cats Needing Aid and Protection), a CRA registered charity and BC registered non-profit society, we feel that the revised animal control bylaws pertaining to cats are significantly overdue for a community of Nanaimo’s size. We are a cat rescue group, who has been operating to help the community of Nanaimo for 22 years and our 75+ unpaid volunteers selflessly devote hours of personal time and expense to rescue 400–500 homeless and abandoned stray and feral cats annually.

The fact that there is no spay/neuter or permanent identification bylaws for free-roaming cats in our city, are the sole reasons why our animal rescue exists. We have been trying to address that problem in our city since our inception in 1998, by getting all of our rescued cats spayed/neutered to help prevent unwanted future litters and advocating for a spay/neuter bylaw.

If our community and its citizens could personally witness our front-line rescue efforts and thereby understand what happens when unspayed/unneutered cats are left to free-roam, breed and fend for themselves, they wouldn’t hesitate to support the revised animal control bylaws for cats. The significant degree of needless suffering that the cats we rescue experience with parasites, disease, exposure to toxins/the elements, starvation, and the many other medical issues we see, is heart-breaking. Responsible cat ownership is the key to prevention of all of these issues, and the new provisions in the draft bylaws directly address responsible cat ownership. The implementation of these types of cat bylaws have been proven strategies in other Vancouver Island communities, and they can and will work for Nanaimo too.

We are in full support of the current animal control bylaw revisions that have been put forward to Council and welcome any opportunity to help our community’s citizens understand the urgency and necessity of all of the proposed cat bylaws."

Chrystal Kleisinger and Cathy Brzoza, Board of Director Representatives/Volunteers, CatNap Society

Staff from various departments also provided input on the bylaw:

  • Dave LaBerge, and Cheryl Kuczerski, from Bylaw Services
  • Kevin Brydges, who is the City’s Environment Protection Officer, viewed it from a wildlife management perspective.
  • Barbara Wardill, from Finance, reviewed it from the fee and licensing perspective; and
  • Jeremy Holm, from Development Services from a zoning perspective.

On November 9, 2020, the bylaw was presented to the Governance and Priorities Committee and the Committee passed a motion to have the bylaw read at the November 16, 2020 Regular Council meeting. During that meeting, Council passed the following resolution:

"That readings of the Animal Control Bylaw be delayed until Staff have had the opportunity to post the Draft Bylaw to the City’s Bang the Table platform for 3 weeks of public input, create a report on that input for consideration of changes that might be incorporated into the draft Bylaw, and bring back to Council for three readings in early January."

Questions and feedback will be taken until December 11, 2020. We will then report back to Council with your input in January 2021.

How you can get involved:

  • Learn about the bylaw
  • Submit a question in the Questions? tab below (you will need to register for Get Involved Nanaimo first)
  • Provide feedback in the Feedback tab below (you will need to register for Get Involved Nanaimo first)

We recommend you read through the information provided in the Documents, Links and FAQs sections before submitting your questions and feedback. We understand this is an important topic for many, please be respectful in your feedback. All questions and feedback will be third party moderated. for more information, please review the site's Forum Etiquette & Moderation protocols.

Feedback

Review the documents in the Document Library, links and FAQs and provide any feedback you have about the changes to the bylaw. Please keep comments respectful, on topic and unique (do not post multiple comments regarding the same topic) as per our moderation guidelines.

Thank you for doing such a professional job on this. Cat bylaws are long overdue.
I love that you brought in independent advice on this, which is necessary I think.

Ian Anderson over 1 year ago

Since when do cats have the right to roam territory and be outside. I'm not a super bitter/deranged property owner and I'm not calling for the extermination of cats. However, I'm glad to see that the city is finally going to balance the regulations so that they apply to cats as well as dogs and other pets. Dog owners have a gazillion different rules and regulations to follow while cat owners can let their animals run loose at all times day or night and there is no repercussion. Dog and other pet owners are required to clean up after their pet while cat owners for some reason are exempt. The fact that some cats "bury" their waste is not reason enough to permit them to run free. I can't count the number of times I have been working in my flowerbeds and garden and ended picking up nasty stinky disease ridden deposits left by someone's cat. Cats love to bury their waste in loose soil that is easy to dig in and that is exactly what you find in residential flowerbeds and gardens. Cat owners that believes their cats are out "exploring" all night are being totally inconsiderate of their neighbours. Follow the same regulations as dog owners. Put a leash on your cat, take it out to explore and then clean up after it.

The topic of discussion here is "Animal Control and Review" not "homelessness and drugs".

Lynn

Lynn Craig over 1 year ago

Entering Property for inspection
111. In accordance with Section 16 of the Community Charter, an Animal Control Officer at
reasonable times may enter onto and into real Property to inspect and determine whether the
requirements and prohibitions of this Bylaw are being complied with.
Right
Please add to this as states exactly in Section 16 of the Community Charter
the occupier consents;
the municipality {Poundkeeper } has given the occupier at least 24 hours' written notice of the entry and the reasons for it;
© the entry is made under the authority of a warrant under this or another Act;
(d) the person exercising the authority has reasonable grounds for believing that failure to enter may result in a significant risk to the health or safety of the occupier or other persons;.

schippmast over 1 year ago

Disposition of unredeemed Animals

102. An Animal becomes the property of the City if it is not redeemed within 72 hours after:
(a) it is impounded; or
(b) in the case of a licensed Dog, within 96 hours of the Owner being notified of the
impoundment pursuant to Section 95 and 96 of this Bylaw.


Please change this

Disposition of unredeemed Animals
102. An Animal becomes the property of the City if it is not redeemed within 7 working days after:
(a) it is impounded; or
(b) in the case of a licensed Dog, within 5 working days of the Owner being notified of the
impoundment pursuant to Section 95 and 96 of this Bylaw.

This needs to be working days because if a dog was picked up Thursday before Easter with 4 days where animal control is closed this does not give any one time to find their lost or stolen animal . The animal would become property of animal control before they could get their animal . I am sure we want the process to be fair.

schippmast over 1 year ago

No liability for injury to Animal
101.
No provision of this Bylaw shall be construed as making the Poundkeeper, the City, or their
agents liable to any Person for injury to, sickness or death of an Animal, whether or not incurred
while the Animal is in the custody of the Poundkeeper.

Please change to
No liability for injury to Animal
101. No provision of this Bylaw shall be construed as making the Poundkeeper, the City, or their
agents liable to any Person for injury to, sickness or death of an Animal, whether or not incurred
while the Animal is in the custody of the Pound keeper, except where abuse or neglect can be proven.

If there is real abuse or neglect no one should be exempt .
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schippmast over 1 year ago

Redeeming an Animal from the Pound
Page 17
#95
98. The Owner of an impounded Animal or the Owner’s authorized agent may redeem the Animal
from the Pound by:
(a) proving Ownership of the Animal to the satisfaction of the Pound keeper and, in the case
of an Owner’s agent, satisfying the Pound keeper of the agent’s authority to act on the
Owner’s behalf;

Please add to this
(a) proving Ownership of the Animal to the satisfaction of the Pound keeper and, in the case
of an Owner’s agent, satisfying the Pound keeper of the agent’s authority to act on the
Owner’s behalf; proof of ownership may be proven by Purebred registration papers , tattoo information and microchip information or Bill of sale.

Reason to add this . There have been incidents where stolen purebreds were not returned to the rightful owner and animal control did not recognize Canadian Kennel club registration or microchip as proof of ownership. Animals are registered and microchipped as proof of ownership and lineage .
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schippmast over 1 year ago

Informing the Owner of Impoundment
Page 17
# 95 (a) contact the Owner of an impounded Animal if known to the Pound keeper or the Animal is
wearing Identification, by calling the telephone number in the Identification;
(b) contact the Owner of an impounded Dog if the Dog is wearing a license tag, by calling the
telephone number in the license information;
(c) ascertain the Owner of the Animal, other than a Dog wearing a license tag, by posting a
notice on the Pound’s website and social media site, including a photograph, when
possible, and/or description of the Animal and the contact information for the
Pound keeper



Please change to add
(a) contact the Owner of an impounded Animal if known to the Pound keeper or the Animal is
wearing Identification, and scanning for microchip , by calling the telephone number in the Identification;
(b) contact the Owner of an impounded Dog if the Dog is wearing a license tag or is microchipped, by calling the
telephone number in the [delete word license ] information;
(c) ascertain the Owner of the Animal, other than a Dog wearing a license tag or is microchipped , by posting a
notice on the Pound’s website and social media site, including a photograph, when
possible, and/or description of the Animal and the contact information for the
Pound keeper
[delete word license ] information;



Reason for change
Most all registered purebred dogs and most pets are microchipped these days and there have been incidents where animal control has not contacted the microchip owner of a dog , saying it is not required of them. I am not speaking of local animal control . But you are requiring animals to be microchipped; it should be required that the microchip owner be contacted . Many stolen dogs have turned up years later due to microchip scans.
We need to make sure the dog they have is indeed not stolen or a long lost dog.
If a person who steals a dog knows that the microchip will be scanned if the dog is at large it may cut down on dog thefts which are rampant right now.
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Informing the Owner of Impoundment
Page 17
#
96.
Where the Poundkeeper is unable to reach the identified Owner of an impounded Animal by
telephone, a notice of impoundment may be delivered by mail and shall be sent to the last
known address of the Owner, in which case the notice shall be deemed to have been received
by the Owner 72 hours after being deposited in any post box within the City.

Please make changes
Where the Poundkeeper is unable to reach the identified Owner of an impounded Animal by
telephone, a notice of impoundment may be delivered by mail and shall be sent to the last
known address of the Owner, in which case the notice shall be deemed to have been received
by the Owner 5 days of which the post office is open after being deposited in any post box within the City.
Reason for change
If this is mailed on a friday night this would not even be picked up from the po box in 72 hrs this is not fair for some one looking for a stolen dog that may be in a different city from where it went missing .
If this was Easter Thursday with Friday and Monday a stat or at Christmas time and was deposited at the end of the day, this mail would still be in the mail box 4 days later so would not be fair to deem it delivered .
97. Notices of impoundment shall include the following information:
(e) that the Animal will become the property of the City and may be put up for adoption or
destroyed after the expiration of 96 hours from the date and time the notice of
impoundment is given, or deemed to be given, to the Owner, unless redeemed.
Redeeming

Please change to
(e) that the Animal will become the property of the City and may be put up for adoption or
destroyed after the expiration of 7 working days from the date and time the notice of
impoundment is given, or deemed to be given, to the Owner, unless redeemed.

Reason for changes
A person and dog needs a reasonable amount of time to be reunited, taking into consideration holidays, and days that the animal control is closed and time for the owner to find a lost or stolen dog.

schippmast over 1 year ago

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PART10 – SEIZING AND IMPOUNDING ANIMALS
Page 16
number 92

(b) enter and search any place, including a place that is occupied as a private dwelling, subject
to the requirements of Section 16 of the Community Charter.

CHANGES
This is in violation of the charter which requires 24 hrs notice and consent . I have added a copy of the order , so you need to add to this section .


(5) The authority may only be used to enter into a place that is occupied as a private dwelling if any of the following applies:
the occupier consents;
(b)the municipality has given the occupier at least 24 hours' written notice of the entry and the reasons for it
(c)the entry is made under the authority of a warrant under this or another Act;
(d) the person exercising the authority has reasonable grounds for believing that failure to enter may result in a significant risk to the health or safety of the occupier or other persons;
(e) the entry is for a purpose referred to in subsection (6) (a) in relation to regulations, prohibitions or requirements applicable to the place that is being entered.1

schippmast over 1 year ago

Page 13
PART 7 – AGGRESSIVE DOGS
Aggressive Dog
(c) by posting the notice upon some part of the Owner’s Property and by sending a copy to the
Owner by regular mail, in which case the notice is deemed to have been received by the
Owner 5 days after the notice was mailed;

Please change to
(c) by posting the notice upon some part of the Owner’s Property and by sending a copy to the
Owner by regular mail, in which case the notice is deemed to have been received by the
Owner 5 days in ‘which there is postal service’, after the notice was mailed;

Reason for change .
Should this letter be mailed in a rural mailbox, such as is located by the animal control or SPCA buildings on the Thursday before Easter with Friday and Monday a stat holiday, the letter would even be picked up and sorted . Let alone be delivered in 5 days . Christmas time could also have a letter deemed delivered before it has a chance to get to the person.
This needs to be reasonable and fair. Making it 5 day in which there is postal service covers this.
---------------------------------------------------------------------------------------------------------------------------

(e) by mailing a copy by prepaid registered mail to the last known address of the Owner, in
which case the notice is deemed to have been received by the Owner 72 hours after the
notice was mailed.

Please change to

(e) by mailing a copy by prepaid registered mail to the last known address of the Owner, in
which case the notice is deemed to have been received by the Owner in 5 days, of which there is postal service, after the
notice was mailed, or as soon as the registered letter is accepted.

Reason is the same as above , this is only fair, to give the person a chance to be properly notified.
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Duties of an Aggressive Dog Owner

82. If the Poundkeeper considers that an Aggressive Dog can be retrained and socialized, or that
the bite or injury from any attack was the result of improper or negligent training, handling, or
maintenance, the Poundkeeper may impose, as a condition of licensing, conditions and
restrictions in respect of the training, socialization, handling and maintenance of the Aggressive
Dog.

Change to

82. If the Poundkeeper considers that an Aggressive Dog can be retrained and socialized, the Poundkeeper may require the owner to get the assistance of a professional trainer or canine behaviorist
Reason for change
The poundkeeper is not a certified dog trainer and can not make training recommendations . They are NOT in a position to know what kind of training is suited to a certain dog. This needs to be determined by a certified animal trainer. I myself am a certified animal trainer and I can tell you first hand retraining of an aggressive dog takes someone with years of experience in training and someone who is not been retraining aggressive dogs ‘successfully’ for years can not make that judgment call and that is not always for the betterment or success of the dog. a

schippmast over 1 year ago

Page 13
PART 7 – AGGRESSIVE DOGS
Aggressive Dog
(c) by posting the notice upon some part of the Owner’s Property and by sending a copy to the
Owner by regular mail, in which case the notice is deemed to have been received by the
Owner 5 days after the notice was mailed;

Please change to
(c) by posting the notice upon some part of the Owner’s Property and by sending a copy to the
Owner by regular mail, in which case the notice is deemed to have been received by the
Owner 5 days in ‘which there is postal service’, after the notice was mailed;

Reason for change .
Should this letter be mailed in a rural mailbox, such as is located by the animal control or SPCA buildings on the Thursday before Easter with Friday and Monday a stat holiday, the letter would even be picked up and sorted . Let alone be delivered in 5 days . Christmas time could also have a letter deemed delivered before it has a chance to get to the person.
This needs to be reasonable and fair. Making it 5 day in which there is postal service covers this.
---------------------------------------------------------------------------------------------------------------------------

(e) by mailing a copy by prepaid registered mail to the last known address of the Owner, in
which case the notice is deemed to have been received by the Owner 72 hours after the
notice was mailed.

Please change to

(e) by mailing a copy by prepaid registered mail to the last known address of the Owner, in
which case the notice is deemed to have been received by the Owner in 5 days, of which there is postal service, after the
notice was mailed, or as soon as the registered letter is accepted.

Reason is the same as above , this is only fair, to give the person a chance to be properly notified.
----------------------------------------------------------------------------------------------------
Duties of an Aggressive Dog Owner

82. If the Poundkeeper considers that an Aggressive Dog can be retrained and socialized, or that
the bite or injury from any attack was the result of improper or negligent training, handling, or
maintenance, the Poundkeeper may impose, as a condition of licensing, conditions and
restrictions in respect of the training, socialization, handling and maintenance of the Aggressive
Dog.

Change to

82. If the Poundkeeper considers that an Aggressive Dog can be retrained and socialized, the Poundkeeper may require the owner to get the assistance of a professional trainer or canine behaviorist
Reason for change
The poundkeeper is not a certified dog trainer and can not make training recommendations . They are NOT in a position to know what kind of training is suited to a certain dog. This needs to be determined by a certified animal trainer. I myself am a certified animal trainer and I can tell you first hand retraining of an aggressive dog takes someone with years of experience in training and someone who is not been retraining aggressive dogs ‘successfully’ for years can not make that judgment call and that is not always for the betterment or success of the dog. b

schippmast over 1 year ago

63. A Person must not intentionally feed or leave food out for any Feral Cat.
Please delete this
Reason to delete
Cats will starve and it is not fair to tell people to leave cats to starve.
The cat rescues, captures, sterilizes and releases but not all strays stay near feeding stations. Some cats can bully other cats, driving them away from the areas. To tell people to let those cats starve by not feeding them is horrid and is not in the best interest of the animals.

-------------------------------------------------------------------------------------------------

schippmast over 1 year ago

Keeping of Cats
Part 6 page 12
62. No Person shall own, keep, possess or harbour any Cat apparently over the age of 6 months in
the City unless:
(a) the Cat has been Sterilized by a veterinarian; or
(b) the Person has a valid and subsisting business licence to breed Cats.

Please change to

Keeping of Cats
62. No Person shall own, keep, possess or harbour any Cat apparently over the age of 6 months in
the City unless:

(a) the Cat has been Sterilized by a veterinarian;
(b) unless the cat is purebred or registered with a purebred cat registry.

Reason For changes

A business license is only for those who have an income from a business , a breeder does not know if they have a profit until after expenses are tallied and all kittens sold . When you calculate feeding, housing, vaccination and food for 2 years before you can breed an animal it is hard to know in advance if you will be a business.

Purebred cats are not a problem and seldom end up in animal control. If they are not a problem you should not penalize or stop the breeding of quality pets , hobby breeders are not a problem.
-----------------------------------------------------------------------------------------------

schippmast over 1 year ago

Part 6
Animals at Large
Page 8
42. A Person who finds and takes possession of an Animal At Large in the City shall immediately
notify the Poundkeeper with a description and photo of the Animal, where possible, provide that
Person’s name and address for contact purposes, and surrender the Animal to the
Poundkeeper on demand.

Suggested changes

Delete this bylaw altogether.

Reason for changes
If a member of the public can find an animal's owner without calling animal control it
Reduces stress on an animal who may have to be locked up at animal control overnight. Exposed to surrounding that are a higher risk of being contaminated with parvovirus or parasites
2} the owner may not have enough money to pay impound fees
3) It is the right thing to do, find the owner.
Or you may want to add ‘if the owner can not be found’.

schippmast over 1 year ago

Part 5 page 8
Outdoor Shelter Requirements

35. A Person must not confine a Dog to an Enclosure for a period in excess of 10 hours within any 24 hour period.

Suggested changes
Delete this altogether .

This bylaw would put dogs' health and safety at risk, especially large or heavy coated dogs or very active dogs, who need to have many hrs. of outdoors freedom .
If you consider large dogs like Saint Bernard's, Newfoundland's or even Huskies or Samoyeds, a compound such as a fenced yard or kennel run, is often where the dog is happiest.
In the summer, houses are often too hot for these heavy coated dogs and on the cool grass or in the shade of a large maple is where the dog would be happiest. In the summer many people do not have air conditioning and the houses can even be too hot at night for these large heavy coated breeds and outside would prevent heat stroke and reduce discomfort for the dog.
Each dog and situation is different, some dogs chew things and if left in the house while a person is away, they may chew furniture or ingest socks. All these things can endanger a dogs life and being in a safe outdoor enclosure is the safest and most humane and responsible thing for some dogs.
I know of one dog who spends the day in a fenced yard and in the summertime cries to be let out, she wants to sleep outside, This would exceed the 10 hrs. , this bylaw would force this dog to be inside at night and unhappy, crying at the door .
I know a Samoyed who finds the house heated with the wood stove in the winter far too hot and wants outside most of the time, This is a dog bred to withstand -0 temperatures , this by law punishes this dog, forcing it into a situation that it would be very, uncomfortable , stressed panting and unhappy in.
A kennel run is a safe place to put a male dog when females are ready to be bred to prevent unwanted breeding's. It is not uncommon for a male to be left in a house in a different room to be separated from a female, to dig through drywall or tear doors apart to get at the female. Kennel runs can be made secure and keep both male and female safe and apart, This requires more than 10 hrs. a day separation.
As for the aggressive dog,. Aggressive dogs may need to be kept in a secure and safe compound for the safety of other dogs and people. They may have to spend more than 10 hrs. safely separated from people or other dogs while attempts at retraining or resocialization are happening . These aggressive dogs are often uncomfortable in the tight confines of a house and can cause some dogs extra stress. As a certified dog trainer , with formal training in dog aggression and behavior adding a restriction of 10 hrs. a day to all dogs is endangering people and other animals.
Also in your vicious dog bylaw it is a requirement that an aggressive dog be confined in an enclosure as stated here , and restricting the hrs. will put others in danger .
quote
(ii) in an Enclosure that is located in a rear yard, locked to prevent casual entry by
another Person, and has been inspected and approved by the Pound keeper.
In section 10
You state a person must 90. The Pound keeper may immediately seize and impound:

(d) any Animal that is on unfenced land and not securely tethered or contained;

Note you are diminishing the power of a person to securely contain their dog.

schippmast over 1 year ago

PART 5 – ANIMAL WELFARE


Page 8

Basic Animal Care Requirements
(c) clean and disinfected food and water receptacles that are located so as to avoid
contamination by excreta;

Suggested changes
I suggest the removal of the one word disinfected. Disinfected requires harsh chemicals and we do not disinfect our own dishes at home, simple cleaning is good enough. Dogs in homes tend to not be subjected to a lot of diseases.
BUT animal control and SPCA because of large transient populations of poorly cared for and often sick animals through the kennel, should be required to sanitize and disinfect in an effort to stop the spread of disease .
SPCA HAS HAD MANY OUTBREAKS OF DISEASE OVER THE YEARS

Suggestion

(c) clean food and water receptacles that are located so as to avoid
contamination by excreta;


Tethering Animals

(i) a Choke Collar forms part of the securing apparatus,

Change the work choke chain to slip collar or chain ,
(i) a Slip Collar or chain forms part of the securing apparatus,

Reason for change
Please change the work ‘choke collar’ to its proper name ‘slip collar’.
The word choke is used to elicit an emotional and political response to the collar.
It is not used to choke a dog or cut off a dogs air supply, It is a training tool to help a dog learn and understand that it should not pull hard on the collar. That being said, I agree a dog should never be tied with one.

Change from
(c) tethered to a fixed object for longer than 2 hours within a 24 hour period;
Change to
Please remove this all together
Reason for change suggestion.

Some dogs are escape artists. Restricting how a person may confine a dog, is putting its safety at risk. I have seen dogs who dig under fences, or actually climb fences, both wood and chain link. For the safety of these dogs, the owner, in order to be a responsible owner, may have to tether within a compound to keep the dog safe.
In the case of an aggressive dog, an extra safety precaution to prevent the animal from escaping.
Adding these types of bylaws is taking away people's ability to be responsible, and to keep their pet safe . Not all dogs are the same.
As a personal example, a car went through my fence years ago. I had to tie my dog in the yard while I was at work until I could get the fence put back up. I could not lock this dog in the house while I was gone because it was 80 plus degrees all week and I had no air conditioning . Being a large breed with a very heavy coat, the dog would have suffered from heat stroke in the trailer, Tethering can sometimes be the quickest and best solution to safety and confinement.

schippmast over 1 year ago

PART 5 – ANIMAL WELFARE


Page 8


I would like to see added to this section
Any part of the animal welfare bylaw may be overruled by written recommendation to the animal owner by a licenced veterinarian.
Reason for suggestion.
There are situations that would put a pet owner in violation. As an example I had an english mastiff who bloated once and I could not allow the dog access to water all the time as told to me by a veterinarian. The dog was only allowed a measured amount of fluid, divided into several drinks a day. This dog had a tendency to over drink and it could cause the death of the dog by making his stomach full of fluid and flip over causing bloat and sure death if I was not in attendance..
As with the section about the dog must always be provided with bedding when outside. Several dogs have a problem with eating their bedding and ending up in surgery due to blockages in the intestine . So a vet may suggest the dog have access to anything the dog can chew or ingest -including bedding when unattended. Each dog and each situation is different. This wording covers the special dogs.

schippmast over 1 year ago

Part 5
Page 8

Animal Cruelty
31. Notwithstanding any other provision of this Bylaw, no Person shall:
(a) abandon any Animal;
(b) in any way use poison, air pellet guns, bows and arrows, firearms, sling shots, or similar on
any Animal, except as exempted under the City’s Firearms Regulation Bylaw or the Wildlife
Act ;
(c) tease, torment, beat, kick, punch, choke, or provoke an Animal;
(d) cause, permit or allow an Animal to suffer; or
(e) train or allow any Animal to fight.


Suggested changes

Animal Cruelty
31. Notwithstanding any other provision of this Bylaw, and with the exception of immediate self protection or protection of another person or animal in reference to
b)and c) d). no Person shall:
(a) abandon any Animal;
(b) in any way use poison, air pellet guns, bows and arrows, firearms, sling shots, or similar on
any Animal, except as exempted under the City’s Firearms Regulation Bylaw or the Wildlife
Act ;
(c) tease, torment, beat, kick, punch, choke, or provoke an Animal;
(d) cause, permit or allow an Animal to suffer; or
(e) train or allow any Animal to fight.

schippmast over 1 year ago

Part 3
Page 6

Store Sales

(b) the record of adoption must contain the date of adoption, the description of the Animal, and
a description of any Identification or other markings on the Animal.

Please change
Part 3,
#15
Store Sales
15. At the time of adoption, the Pound keeper, SPCA or rescue organization must provide:

(b) the record of adoption must contain the date of adoption, the description of the Animal, and
a description of any Identification or other mark(a) the adopting Person with a written record of adoption, including proof of Sterilization; and must include microchip number and tattoo on the Animal.
c) supply the adopter with information on how to transfer microchip number or tattoo information to the new owner's contact information

Reason for change

If the purpose of microchips and tattoos are to have a pet's owners identified, should an animal be impounded , stolen or lost , or need to be identified for aggression issues or because the animal is found injured .It is important that the microchip and tattoo information is up to date, with new owners contact information. This would help animal control find the dog and cats, rightful owners.
With the rise in dog thefts this would help animal control and pet owners. Many people and animal control are not making sure this information is kept up to date and this should be corrected to help everyone.


PART 4 – LICENSING
License Requirement
21. No Person other than the licensed Owner of the Dog, or the Pound keeper, may remove a
license tag issued pursuant to this Bylaw from the subject Dog.

Please change to
21. No Person other than the licensed Owner of the Dog, veterinarian or any person giving emergency assistance , or the Pound keeper, may remove a
license tag issued pursuant to this Bylaw from the subject Dog.

Reason for change is obvious .


Licensing Part 4
Page 8.
30. If the Owner of an Aggressive Dog does not comply with Sections 78 through 81 of this Bylaw,
the Aggressive Dog’s License is subject to immediate cancellation and the Dog may be seized
or otherwise dealt with as an Unlicensed Dog.
(a) If a license is cancelled under Section 30 of this Bylaw, the Owner of the Dog may appeal
the cancellation in writing to the Manager, Bylaw Services within 7 days of such
cancellation, by providing written submissions setting out why the Owner believes the
Aggressive Dog’s license should not be cancelled.
(b) After considering the submission, the Manager, Bylaw Services may confirm, reverse, or
amend the decision to cancel the Aggressive Dog License.

SUGGESTED CHANGES

(b) After considering the submission, the Manager, Bylaw Services may confirm, reverse, or
amend the decision to cancel the Aggressive Dog License.
c) must be given a reasonable amount of time before action is taken, to get evidence or professional opinions or recommendations from Trainers, animal behaviorists and veterinaries, to present their case to bylaw or provincial courts.
d) must be given enough time to seek legal advice or court judgment, if a court judgment is sought.

Reason for changes
The animal bylaw Service manager is not an unbiased person in this action.
They will feel pressured to support the decision of those of animal control.
2. The bylaw Services manager is not an animal behaviorist or trainer and therefore can not make an educated assessment of whether the animal is a risk of reoffending.
3. This process does not give a person time to appeal through courts or get legal advice .

schippmast over 1 year ago

New bylaw Page 5
PART 3 - APPLICATION

Limits on Pets
6. No Person shall keep, on any Property:
(a) more than 4 Small Animals; and
(b) more than 6 Companion Animals.
(c) Notwithstanding Section 6(b) no Person shall keep on any Property:
(i) More than 4 Dogs over the age of 16 weeks; or
(ii) More than 5 Cats over the age 12 weeks.
7. Despite the limit on Dogs and Cats in Section 6, a Person may temporarily care for more than
4 Dogs over the age of 16 weeks, or more than 5 Cats over the age of 12 weeks on any
Property as part of an Animal rescue organization operated by a society registered under the
Societies Act, (SBC 2015) c.18, as amended, subject to notifying the Poundkeeper of the
number and species of the Dogs or Cats, the reason for, and estimated length of time they will
be providing care.
8. Notwithstanding Section 6 of this Bylaw, a Person who is a member of a certified pigeon racing
club may keep up to a maximum of fifty (50) racing pigeons on any parcel of land over .4
Hectares

Suggested changes

Suggested changes
Limits on Pets
6. No Person shall keep, on any Property:
(i) More than 6 Dogs and 10 cats over the age of 16 weeks; unless the dogs and cats are Canadian Kennel Club registered and the person is a Canadian Kennel Club member in good standing and the owner adheres to the Canadian Kennel Club standard of care and breeding practices.
7. Despite the limit on Dogs in Section 6, a Person may temporarily care for more than
6 Dogs over the age of 16 weeks, or more than 10 Cats over the age of 12 weeks on any.
If it is a dog that was once owned by the person/ breeder and they are rehoming the dog/cat . A 6 month reprieve will be granted for retraining and rehoming the animal .

Reason for suggested changes
The bylaw is intended to stop animal hoarding and assure the quality of care given to the animals is of top priority. Animal control already has animal neglect and abuse laws that can be enforced to protect the animals that are neglected and abused; no new restrictions are needed to protect neglected animals.
The reason for allowing an extra dog for 6 months is that reputable breeders require in their contracts that if a person who purchased a dog from, and can no longer keep the dog it must be returned to the breeder. This often may require the pet breeder to retrain a dog before placing the animal in a new home.
By exempting CKC members,{like pigeon club members) you are not penalizing responsible breeders of quality, purebred dogs .
CKC breeders who neglect their animals' care can be acted upon by existing neglect and abuse laws. When CKC is notified that a member has been charged with animal abuse/ neglect, they cease to be a member in good standing with the Canadian Kennel Club, and people who are mass-producing unhealthy crossbred dogs to make a profit will be hindered by this wording while not affecting serious pet breeders
If the standard of care is neglected, it can quickly be acted on with laws already in place.
"Because every species of small animal has different biological needs and care requirements, a concrete number for all caretakers of all species to adhere to is unrealistic and unfair.
Some species like hamsters are solitary and therefore keeping more than one means more than one enclosure at a minimum floor space. Other species like rats, mice, or gerbils are social and naturally live in large groups. Their social needs are more vital, and they require less cage space per social group.
The new bylaws should look to mitigate hoarding, neglect, and abuse by looking not at the number of animals but instead at the quality of care. Instead of imposing limits, let us work together to create a base husbandry expectation from everyone under all species (appropriate to the relevant species). If we establish husbandry laws instead of number laws, we can expect the care to be exemplary regardless of the number of animals in care.
Restricting cage birds, which may be confined to outdoor aviary cages or indoor aviaries, makes little sense when you approve 50 pigeons that fly about the city.
Cage birds do not harm, cause any problems, and the standard of care, if not adhered to, can be acted upon by the existing animal abuse and neglect laws.

schippmast over 1 year ago

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PART 2 – ESTABLISHMENT OF A POUND FACILITY
Appointing a Poundkeeper
3. Council may establish one or more Pounds for the keeping and impounding of Dogs and other
Animals, and the Poundkeeper may make rules and regulations not inconsistent with this Bylaw
pertaining to the administration of the Pound(s).
4. Council may enter into an agreement with any Person or organization to act as a Poundkeeper,
for the establishment, maintenance, operation, and regulation of a Pound, and the enforcement
of any of the provisions of this Bylaw.
5. Every Poundkeeper must keep the Pound clean and in good repair, and must supply the
Animals impounded therein with sufficient and wholesome food and water, and with reasonable
shelter, segregation and care as circumstances may warrant.

Changes and why , Pound keepers need to be held to the highest standard of care , more so than the general public .
I suggest they must abide by the public's standard of care . Please add to this the standard of care for the public cut pasted and added.

Changes suggested to PART 2 – ESTABLISHMENT OF A POUND FACILITY
Appointing a Poundkeeper
3. Council may establish one or more Pounds for the keeping and impounding of Dogs and other
Animals, and the Poundkeeper may make rules and regulations not inconsistent with this Bylaw
pertaining to the administration of the Pound(s).
4. Council may enter into an agreement with any Person or organization to act as a Poundkeeper,
for the establishment, maintenance, operation, and regulation of a Pound, and the enforcement
of any of the provisions of this Bylaw.
5 Basic Animal Care Requirements
32. The Poundkeeper l must ensure that the Animals are provided with:
(a) sufficient clean, potable drinking water at all times;
(b) suitable food of sufficient quantity and quality to allow for normal growth and the
maintenance of normal body weight;
(c) clean and disinfected food and water receptacles that are located so as to avoid
contamination by excreta;
(d) the opportunity for regular exercise sufficient to maintain good health; and
(e) necessary veterinary care to maintain the health and comfort of the Animal or when the
Animals exhibit signs of pain, injury, illness or suffering.
Outdoor Shelter Requirements
33. The Poundkeeper must ensure that the Animal has protection from all elements and must
not allow the Animal to suffer from hyperthermia, hypothermia, dehydration, discomfort, or
exertion causing pain, suffering, or injury.
34. The Poundkeeper must not keep an Animal outside, unless the Animal is provided with a shelter that
provides:
(a) protection from heat, cold and wet that is appropriate to the Animal’s weight and type of
coat;
(b) sufficient space to allow the Animal the ability to turn about freely and to easily stand, sit
and lie in a normal position; at least two times the length of the Animal in all directions, and
at least as high as the Animal’s height measured from the floor to the highest point of the
Animal when standing in a normal position, plus 10%;

9
(c) protection from the direct rays of the sun at all times; and
(d) bedding that will assist with maintaining normal body temperature.
35. The poundkeeper must not confine a Dog to an Enclosure for a period in excess of 10 hours within any
24 hour period.
Sanitation Requirements
36. The Pound keeper must not keep an Animal in an Enclosure, pen, shelter, cage, or run unless the
shelter, Enclosure, pen, cage or run is regularly cleaned and sanitized with all excreta removed
and properly disposed of at least once a day and is kept free from wild vermin.

schippmast over 1 year ago