CITY OF KAMLOOPS BY-LAW NO A BY-LAW TO PROHIBIT WILD OR EXOTIC ANIMALS IN THE CITY OF KAMLOOPS

Transcription

1 CITY OF KAMLOOPS BY-LAW NO A BY-LAW TO PROHIBIT WILD OR EXOTIC ANIMALS IN THE CITY OF KAMLOOPS The Municipal Council of the City of Kamloops, in open meeting assembled, enacts as follows: 1. This by-law may be cited as the "City of Kamloops Wild or Exotic Animal Prohibition By-law No , 2008". 2. City of Kamloops Wild or Exotic Animal Prohibition By-law No , 1999, and all amendments thereto, is hereby repealed. 3. The purpose of this by-law is to regulate, prohibit, and impose requirements in relation to animals within the City of Kamloops as authorized by the Community Charter. 4. This by-law is divided into the following divisions: Division One - Definitions and Interpretation Division Two - Prohibition of Wild or Exotic Animals Keeping Performance and Display Sale or trade Division Three - Exceptions and Prohibitions Division Four - Authority Division Five - Seizure and Impoundment Division Six - Offences and Penalties Division Seven - Schedules "A" Wild or Exotic Animals List "B" Fine Schedule for Municipal Ticket Information Prosecutions.

2 BY-LAW NO PAGE 2 DIVISION ONE - DEFINITIONS AND INTERPRETATION 101. In this by-law: "Wild or exotic animals" shall be defined as those animals listed in Schedule "A" attached to and forming part of this by-law. DIVISION TWO - PROHIBITION OF WILD OR EXOTIC ANIMALS 201. Except as permitted under Division Three, no person shall keep a wild or exotic animal, temporarily or permanently, anywhere within the City of Kamloops No person shall operate or carry on a circus, public show, exhibition, carnival or other display or performance whether temporary or permanent, in which wild or exotic animals are required to perform tricks, fight or participate in performances for the amusement, education, or entertainment of an audience No person shall offer for sale or trade a wild or exotic animal within the City of Kamloops. DIVISION THREE - EXCEPTIONS AND PROHIBITIONS 301. The prohibitions set out in Division Two of this by-law do not apply to: a) premises operated by the British Columbia Society for the Prevention of Cruelty to Animals; b) a veterinary hospital under the control of a veterinarian registered as a member of the British Columbia Veterinary Medical Association; c) premises operated by an institution of education for research, study, or teaching purposes; d) a zoological park operated by an organization accredited by the Canadian Association of Zoos and Aquariums; e) any location designated by the By-law Services Supervisor, their designate or a peace officer, for the temporary shelter or containment of a wild or exotic animal. DIVISION FOUR - AUTHORITY 401. The By-law Services Supervisor, their designate, or any peace officer, is hereby empowered to enter at all reasonable times upon any lands, premises or buildings in order to ascertain whether the requirements of this by-law are being obeyed No person shall obstruct, hinder or interrupt, or cause or procure to be obstructed, hindered or interrupted, the By-law Services Supervisor, their designate or any peace officer, in the exercise of any of the powers conferred upon them.

3 BY-LAW NO PAGE 3 DIVISION FIVE - SEIZURE AND IMPOUNDMENT 501. The By-law Services Supervisor, their designate, or any peace officer, is hereby empowered to seize or impound any wild or exotic animal that is unlawfully at large on a highway or in a public place, straying or trespassing on private property, on unfenced land and not securely tethered or contained, or unlicensed; 502. The By-law Services Supervisor, their designate or any peace officer, is hereby empowered to seize or destroy any wild or exotic animal that in their opinion is suffering from an injury, disease or sickness or any other cause and if destruction is deemed necessary, the destruction of the animal would be an act of humanity to prevent further suffering The By-law Services Supervisor, their designate or any peace officer, upon seizing or impounding a wild or exotic animal, shall cause such wild or exotic animal to be delivered to a location or facility exempt from prohibited keeping of the animal so as to afford temporary shelter, containment, care and treatment Any animal seized or impounded under this by-law shall be held for seven (7) days and if not reclaimed by the owner, may be disposed of at the discretion of the By- Law Services Supervisor, or their designate Every person possessing or owning a wild or exotic animal that is seized or impounded pursuant to this by-law shall be liable for all costs incurred by the City of Kamloops for the seize or impound, veterinary care and treatment, transportation or relocation, and food and shelter of each animal An owner of a wild or exotic animal seized or impounded under this by-law shall provide full payment of all costs identified under Section 505 of this by-law including an impound charge of $100 for each animal and shall further demonstrate and certify in writing to the full satisfaction of the By-Law Services Supervisor, or his designate, that such animal will be relocated to a suitable lawful location within or outside of the City, prior to the release of such animal. DIVISION SIX - OFFENCES AND PENALTIES 601. No person shall do any act or suffer or permit any act or thing to be done in contravention of this by-law Every person who violates any provision of this by-law, or who permits any act or thing to be done in contravention of this by-law, or who fails to do any act or thing required by this by-law, shall be deemed to have committed an offence against this by-law and: a) shall be liable to a fine set out in the City of Kamloops Municipal Ticket Utilization By-law, including those fines and penalties as set out in Schedule "B", Fine Schedule for Municipal Ticket Information Prosecutions; or

4 BY-LAW NO PAGE 4 b) shall be liable, upon summary conviction, to a fine and penalty provided under the Offence Act or the Community Charter of not more than $10,000 and not less than $200, plus the costs of the prosecution, and any other order imposed pursuant to the Community Charter; or c) any combination of the above Each day that an offence against this by-law continues shall be deemed a separate and distinct offence Any penalty imposed pursuant to this by-law shall be in addition to, and not in substitution for, any other penalty or remedy imposed pursuant to any other applicable statute, law, or legislation. DIVISION SEVEN - SCHEDULES The following schedules are attached to and form part of this by-law and are enforceable in the same manner as the by-law: Schedule "A" Schedule "B" List of Wild and Exotic Animals Fine Schedule for Municipal Ticket Information Prosecutions READ A FIRST TIME the 8th day of July, READ A SECOND TIME the 8th day of July, READ A THIRD TIME the 8th day of July, ADOPTED this 22nd day of July, MAYOR T. Lake CORPORATE OFFICER L. W. Hrycan

5 BY-LAW NO PAGE 5 SCHEDULE "A" WILD OR EXOTIC ANIMALS The following list of animals constitutes "wild or exotic animals" for the purposes of this by-law. The list includes all such animals bred in the wild or in captivity and also includes their hybrids with domestic species. The words in parentheses are intended to act as examples only and are not to be construed as limiting the generality of the group. Canidae (wolves, coyotes) except the domestic dog Cetaceans (whales, porpoises, dolphins) Chiroptera (bats) Crocodilians (alligators, crocodiles) Dermoptera (Flying lemurs and colugas) Edentates (anteaters, sloths, armadillos) Elephantidae (elephants) Erinacidae except the African pigmy hedgehog Felidae (lions, tigers) except the domestic cat Green iguanas Hyaenae Lagomorphs except the domestic rabbit Marsupials except sugar gliders Monotremes (platypuses, echindnas) Mustelidae (skunks, weasels, otters) except domesticated ferrets Non-Human Primates (apes, monkeys) Pinnipeds (seals, walruses) Procyonidae (raccoons, coatis) Raptors (hawks, accipiters, falcons, eagles and owls) except those which hold a valid provincial permit Ratites (cassowaries, ostrich, rhea) except those prescribed by the Specialty Farm Operations Regulations Rodentia except degus, hamsters, domestic guinea pigs, gerbils, rats, mice and chinchillas Snake Species (Amethyst Python, Burmese Python, Reticulated Python, Rock Pythons, Indian Python and all Anacondas) Ungulates except domestic goats, sheep, pigs, cattle, horses, mules, donkeys, Asses, llamas and alpacas Ursidae (bears) Venomous or Poisonous Reptiles and Amphibians Venomous or Poisonous Invertibrates except all new world tarantulas and the Emperor Scorpion Viverridae (mongooses, civits, genets)

6 BY-LAW NO PAGE 6 SCHEDULE "B" FINE SCHEDULE FOR MUNICIPAL TICKET INFORMATION PROSECUTIONS Offence Section No. Fine Keeping of a wild or exotic animal 201 $200 Permitting the performance or display of a wild or exotic animal 202 $200 Offering for sale or trade a wild or exotic animal 203 $200 Obstruction 402 $200 Fee Section No. Amount Impound charge 506 $100