Bylaw No. 1165 - A Bylaw to Amend the Animal Control Bylaw

A BYLAW TO AMEND THE ANIMAL CONTROL BYLAW

The Council of the Town of View Royal, in open meeting assembled, enacts as follows:

1. This Bylaw may be cited as “Animal Control Bylaw No. 614, 2005, Amendment Bylaw No. 1165, 2026”.

2. Animal Control Bylaw No. 614, 2005 is hereby amended as follows:

a) By amending the following definitions under Part 2:

“animal” means any member of the Animal kingdom, other than a human being, that is or is intended to be domesticated, kept as a pet, or a commercial undertaking, but excludes wildlife and controlled alien species as defined in the Wildlife Act.

“animal control officer” means a) a municipal employee or persons contracted by the Town for the purposes of enforcing this Bylaw; b) an employee, officer or agent designated by Council, or peace officers as an animal control officer for the purposes of section 49 of the Community Charter; c) a peace officer; and d) includes a Bylaw Compliance Officer.

“at large” means: a) in relation to a Dog: i. in a Public Place, not restrained by means of a Leash and Under Control; ii. in an Off-Leash area, not Under Control; iii. on private property not owned or occupied by the Dog Owner, not restrained by means of Leash and Under Control; or iv. on unenclosed property owned or occupied by the Dog Owner, not contained in a manner that prevents the dog from roaming; b) in relation to an Aggressive Dog or Dangerous Dog that is on private property, not contained in an enclosure or securely confined within a dwelling; or c) in relation to another Animal, in Public Place and not in the immediate care and control of the Owner.

“bird” means poultry, doves, ducks, and ornamental birds, excluding peacocks.

“dangerous dog” means a Dog that, as defined by the Community Charter: a) has killed or seriously injured a person; b) has killed or seriously injured a domestic Animal while in a Public Place or while on private property, other than property owned or occupied by the person responsible for the Dog; c) an Animal Control Officer has reasonable grounds to believe is likely to kill or seriously injure a person; or d) has been found by a court to be a Dangerous Dog.

“guide dog” means a Dog that is trained as a guide dog for a blind person and is certified as a Guide Dog under the Guide Dog and Service Dog Act, SBC 2015, c. 17, as amended from time to time.

“habitually noisy dog” means a Dog that barks, cries, howls or emits any other sounds continuously for over a ten (10) minute period and has done so on more than three (3) isolated incidents within a seven (7) day period.

“impound” means to Seize, Deliver, receive or take into the custody of the Capital Regional District or in the custody of the Poundkeeper.

“leash” means a device, or use of a device, of sufficient strength and design to restrain the size and strength of the Dog for which it is being used, that does not exceed six (6) feet (1.3 meters) in length, where one end must remain securely affixed to a collar or harness securely attached to the Dog with the other end held by the Owner of the Dog.

“owner” means any person: a) who owns, is in possession of or who has the care, or control of an Animal, temporarily or permanently; b) who harbours, shelters, permits or allows an Animal to remain on or about that person’s land or premises, temporarily or permanently; c) to whom a Dog Licence has been issued under this Bylaw; or d) who harbours, shelters, permits or allows an Animal to remain on or about that person’s land or premises, temporarily or permanently.

b) By including the following definitions under Part 2:

“aggressive dog” means a dog that acted aggressively or caused Minor Injury to a person or domestic Animal, including where: a) it has, without justifiable provocation, displayed aggressive behaviour toward a person or domestic Animal; or b) it has, without justifiable provocation, caused a Minor Injury (an injury not requiring medical or veterinary treatment) to a person or domestic Animal.

“bite” means contact with a person, domestic Animal or livestock, including bruising, breaking or puncturing of the skin, caused by the teeth of a Dog.

“cat” means an Animal of the Felis Catus family, commonly known as a domestic Cat, irrespective of sex or age.

“deliver” means to send by regular or registered mail, or to leave with a person, to post upon some part of the person’s property or to deposit in a mailbox or mail slot at the person's last known residential address or place of business.

“dog” means an Animal of the Canis familiaris family, commonly known as a domestic Dog, irrespective or sex or age.

“enclosure” means a structure at least two (2) metres in height, width and length, constructed of rigid materials, designed with secure sides, top and bottom, forming or causing an Enclosure that is locked to prevent unauthorized entry, is suitable to confine a Dog and to prevent the Dog from escaping; specifically excludes invisible fencing systems.

“minor injury” means a physical injury to a person or domestic Animal that includes, but is not limited to, pinches, minor localized bruising, shallow punctures, or lacerations.

“mitigating factor” means a circumstance, provoking event, deliberate action or without being entirely determined by reason, a Dog’s level of response results in aggressive behaviour or a Dog Bite, which includes: a) responding to an attack by a person or aggressive Animal; b) responding to an attack by a person or aggressive Animal on the Dog's Owner or other Animal; c) responding to teasing, torment or other provocation; or d) defending the real or personal property of its Owner from trespass, damage or theft.

“muzzle” means a humane basket-style fastening or covering device that encloses the nose and mouth of a Dog and that is strong enough and well-fitted enough to prevent the Dog from Biting, without interfering with the breathing, panting or vision of the Dog or with the Dog's ability to drink.

“neuter” means the sterilization of a male Animal by removal of the testicles or by any method of pharmaceutical sterilization approved by the Canadian Veterinary Medical Association.

"serious injury" means a physical injury to a person or domestic Animal that includes, but is not limited to deep punctures, lacerations in more than one direction, broken bones, or requires sutures or cosmetic surgery.

“seize” means to impound and detain.

“spay” means the sterilization of a female Animal by removal of the ovaries or by any method of pharmaceutical sterilization approved by the Canadian Veterinary Medical Association.

“under control” means in relation to handling a Dog in a Public Place: a) when the Dog is attached to a Leash by its Owner, or b) when not on a Leash: i. the Dog does not approach other users of the Public Place without explicit permission; ii. the Dog returns immediately to the Owner when called and remains with the Owner until released, or stops immediately when told to and remains in place until released by the handler; or iii. the Dog is always within the Owner’s sight; and the Dog does not chase wildlife or farm Animals, except under the direction of a handler competent to direct the Dog while engaged in Animal husbandry or lawful hunting or training activities.

“Wildlife Act” means the Wildlife Act, RSBC 1996, c.488 as amended from time to time.

c) By deleting Part 4 in its entirety and replacing it with the following:

PART 4 – DANGEROUS AND AGGRESSIVE DOGS

4.0 Every Owner of a Dangerous Dog must, at all times while the Dog is on the premises owned or controlled by such person, keep the Dog securely confined either indoors or in an enclosed pen or other structure in the rear yard capable of preventing the entry of young children and adequately constructed to prevent the Dog from escaping.

4.1 No person shall cause, suffer or permit any Dangerous Dog owned by them to be in any Public Place, unless the Dangerous Dog is firmly held on a Leash that does not exceed eight (8) feet (2.44 metres) in length by a person competent to restrain the dog and which dog is muzzled by a properly fitted humane device.

4.2 No person shall cause, suffer or permit any Dangerous Dog owned by them to be on any private property and premises without the consent of the occupier of such lands and premises and when on such lands and premises the Dangerous Dog must be confined as set out in Section 4.0 or Leashed and muzzled as set out in Section 4.1.

4.3 The Owner of a Dangerous Dog must display at each entrance to the property and building in or upon which the Dog is kept a sign substantially in the form of Schedule “C” attached to and forming part of this Bylaw, which sign must be posted so that it cannot be removed and will be visible and capable of being read from the sidewalk, street or lane abutting the entrance to the property or building.

4.4 The Owner of a Dangerous or Aggressive Dog must advise an Animal Control Officer or the Poundkeeper immediately if the Dog is At Large.

4.5 The Owner of a Dangerous or Aggressive Dog must advise an Animal Control Officer or the Poundkeeper immediately if the Dog has bitten or attacked any person or domestic Animal.

4.6 The Owner of a Dangerous or Aggressive Dog must advise an Animal Control Officer or the Poundkeeper within forty-eight (48) hours of change of ownership or death (with veterinary certification).

4.7 An Aggressive Dog must be on Leash at all times, contained on the property or in the home so it cannot escape, and cannot enter Off-Leash parks.

4.8 After six (6) months, the Owner of an Aggressive Dog can have the designation lifted by providing proof of successful training by a certified trainer, but that designation can only be removed once.

4.9 The designation of Aggressive or Dangerous Dog shall apply throughout all municipalities within the Capital Regional District. Inter-municipal recognition of designations will be communicated and enforced by the respective Animal Control Officers.

d) By adding directly following Part 10:

PART 11 – ENFORCEMENT

11.0 The Owner of a Dog shall not leave the scene of a Dog Bite or attack incident without: a) providing their name and contact information to the parties involved in the Dog Bite or attack incident; or b) making a report about the Dog Bite or attack incident to the Animal Control Officer; including name and contact information.

PART 12 – RIGHT OF ENTRY

12.0 Pursuant to section 16 of the Community Charter, an Animal Control Officer may enter into or upon any parcel within the Town at a reasonable time, in a reasonable manner and taking reasonable steps to advise the Owner or occupier before entering the property for the following purposes: a) to inspect and determine whether all regulations, prohibitions and requirements are being met; b) imposed under or pursuant to this Bylaw are being met; c) to take action on default of an order under this Bylaw; or d) to request anything to be produced to assist with an inspection, enforcement or action on default performed for the purpose of this Bylaw.

12.1 No person shall interfere with, hinder or obstruct an Animal Control Officer in the exercise or performance of their powers, duties or functions under this Bylaw including, but not limited to: a) not providing identification information or providing false information; b) unlocking or unlatching or otherwise opening a vehicle or Enclosure in which an Impounded Animal has been placed; c) removing or attempting to remove any Animal from the possession of an Animal Control Officer or Poundkeeper; or d) removing, or attempting to remove, an Animal from the Animal shelter.

PART 13 – NO LIABILITY FOR INJURY TO ANIMAL

13.0 No provision of this Bylaw shall be construed as making the Poundkeeper, an Animal Control Officer, or the Capital Regional District liable to the Owner of an Animal for injury to, sickness or death of the Animal.

PART 14 – OBSTRUCTING

14.0 A person must not interfere with, hinder or obstruct an Animal Control Officer or kennel master in the exercise or performance of their powers, duties or functions under this Bylaw, including, but not limited to, by: a) failing to provide identification information; b) providing false information; c) unlocking, unlatching, or otherwise opening a vehicle or Enclosure in which an Impounded Animal has been placed; d) removing or attempting to remove an Animal from the possession of an Animal Control Officer or Kennel master; or e) removing or attempting to remove an Animal from the Animal shelter, except as authorized by this Bylaw.

e) By renumbering Parts 11 and 12 to Parts 15 and 16.

f) By renaming the new Part 15 from “Penalty” to “Offence and Penalty”.

g) By deleting Schedule “B” in its entirety and replacing with the following:

READ A FIRST TIME THIS 5TH DAY OF MAY, 2026.

READ A SECOND TIME THIS 5TH DAY OF MAY, 2026.

READ A THIRD TIME THIS 5TH DAY OF MAY, 2026.

ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CORPORATE OFFICER AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS DAY OF ,2026.

MAYOR

CORPORATE OFFICER