Governance and Priorities Committee – January 11, 2021

The following recommendations will be going to Council for final approval:

Animal Responsibility Bylaw - Engagement Results

Theme 1 – Cats at Large:

Reaffirm inclusion of the following two clauses within Animal Responsibility Bylaw 2020 No. 7316:

  • Section 41 - “the Owner of an Animal must not allow the Animal to trespass on any private property without the consent of the occupier or Owner of the lands or premise.”

  • Section 47 - “the owner of an Animal, other than a Dog, must not allow the Animal to be in any public place unless the Animal is under the direct control of a competent person.” 

And support a “Promise to Return” Council policy for a two year period (until December 31, 2022) whereby any seizure and impoundment fees be waived for any cat that is impounded that is sterilized and has identification.  

Theme 2 – Mandatory Identification of Cats:

Reaffirm the provision that states: “Every Owner of a Cat over the age of 12 weeks shall affix and keep affixed sufficient Identification on the Cat by means of a collar, harness, traceable tattoo, microchip or other suitable device.” 

Theme 3 – Mandatory Sterilization of Cats:

a) Reaffirm the provision which states: “No Person shall own, keep, posses 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) the Person has a valid and subsisting business licence to breed Cats.

b) Direct staff to add the following seizure and impoundment fee provisions within the Fees and Charges bylaw to incentivize mandatory sterilization of cats:  

Type of Animal Description 1st
Offence

2nd
Offence

3rd
and Subsequent Offences
Cat Sterilized with Adequate Identification $10.00 $25.00 $50.00
Cat Sterilized without Adequate Identification $25.00 $50.00 $75.00
Cat Unsterilized, regardless of Identification
(Note: upon proof of sterilization within 30 days of the impoundment date, the Owner will be refunded $75.00)
$100.00 $125.00 $150.00

Theme 4 – Breed Specific Legislation (BSL) and Aggressive Dog Provisions

1. Reaffirm the definition for “Aggressive Dog” as outlined in “Animal Responsibility Bylaw 2020 No. 7316”:

“Aggressive Dog”
 
means any Dog that meets any one of the following criteria:
(a)   has attacked, bitten or caused injury to a Person or has demonstrated a propensity, tendency or disposition to do so;
(b)   has bitten, killed or caused injury to a Companion Animal or to Livestock;
(c)   has aggressively pursued or harassed a Person or Companion Animal or Livestock;
(d)   has a known propensity to attack or injure a Person without provocation;
(e)   is owned or kept primarily, or in part, for the purpose of dog fighting or is trained for dog fighting; or
is a Dangerous Dog as defined by Section 49 of the Community Charter.

2. Amend Bylaw to reflect the following Dog Licence fees to be effective January 1, 2022:

Description Paid by
February 28th
Paid After February 28th
Sterilized $25.00 $30.00
Unsterilized $50.00 $60.00
Dog Deemed Aggressive $75.00 $90.00
Replacement Licence Tag $5.00 $5.00
Licence Transfer Fee $5.00 $5.00
A Guide Dog or Service Dog certified under the Guide Dog and Service Dog Act No Charge
A Dog owned and utilized as an R.C.M.P. Service Dog No Charge

Theme 5 - Limit on Pets

Replace Sections 6, 7, 8 and 9 of the Bylaw (Limits on Pets) and replace with the following: 

Limits on Animals

6. Unless expressly permitted by this Bylaw, no Person shall keep, on any Property, more than 12 Animals.

7. No Person shall keep, on any Property, more than:

a) 12 Soft Bill Birds, domestic mice, domestic rats, gerbils, or hamsters, or combination thereof

b) 4 Hook Bill Birds, chinchillas, domestic ferrets, hedgehogs, Rabbits, sugar gliders, or combination thereof

c) 6 guinea pigs or Reptiles, or combination thereof

8. 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.

9.1 No Person shall keep, on any Property, more than:

a) 4 Dogs over the age of 16 weeks

b) 5 Cats over the age 12 weeks

c) 6 Companion Animals

9.2 Notwithstanding Section 9.1, 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. 

9.3 Notwithstanding Section 9.1, a Person may keep or maintain more than 4 Dogs, or board Dogs for purposes of utility or profit, if that Person meets the Boarding Kennel requirements as outlined in the City of Nanaimo’s Zoning Bylaw and has obtained a valid Business Licence and paid the applicable fee as prescribed in the Business Licence Bylaw.

9.4 The limits on Animals do not apply to:

a) the premises of a local government facility used for keeping impounded Animals

b) the premises operated by the BC Society for the Prevention of Cruelty to Animals

c) the premises of a veterinarian licensed by the College of Veterinarians of BC

d) the keeping of Livestock or Poultry on a Property on which agriculture is a permitted use pursuant to the applicable zoning bylaw

Theme 6 – Bylaw in general

1. Incorporate the Committee’s preferred options into the Animal Responsibility Bylaw.

2. Forward the revised Animal Responsibility Bylaw to Council for consideration of first three readings.

Section 5 d, 2

January 11, 2021 Governance and Priorities Committee Meeting – agenda, documents and video

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