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CITY OF PORT ALBERNI
Animal Control and Pound Bylaw No. 5126, 2025
(with amendments to October 27, 2025)
Consolidated for Convenience Only
This consolidation is not a legal document. Certified copies of the original bylaws should
be consulted for all interpretations and applications of the bylaws of this subject.
This Bylaw has been consolidated for convenience only and includes amendments
from:
Bylaw No. 5126-1 - adopted October 27, 2025
5126 and 5126-1 Animal Control and Pound Bylaw Consolidated
Page 1
CITY OF PORT ALBERNI
BYLAW NO. 5126
A BYLAW TO REGULATE THE KEEPING OF DOGS AND OTHER ANIMALS IN THE
CITY OF PORT ALBERNI
NOW THEREFORE the Council of the City of Port Alberni in open meeting assembled
enacts as follows:
Title
1.
This Bylaw may be cited for all purposes as "Animal Control and Pound Bylaw, No.
5126, 2025".
Interpretation
2.
In this Bylaw:
"Animal" means a domestic animal;
"Animal Control Officer" means any person appointed by council as an animal control
officer or bylaw enforcement officer, and includes a peace officer and the Poundkeeper;
"At Large" means an animal in or upon a highway or public place or in or upon the
lands or premises of any person other than the owner of the animal without the express
or implied consent of that person;
"City" means the City of Port Alberni;
"Council" means the municipal Council of the City of Port Alberni;
"Licence Year" means the period from January 1 to December 31 in any year;
"Owner" means any person
(a)
to whom a licence for a dog has been issued pursuant to this Bylaw,
(b)
to whom a breeders' licence for a cat has been issued pursuant to this Bylaw,
(c)
who owns, is in possession of, or has the care and control of any animal, or
(d)
who harbours, shelters, permits or allows any animal to remain on or about the
owner's land or premises;
"Poundkeeper" means any person appointed by the City as the Poundkeeper or any
contractor who has entered into an agreement with the City to assume the
responsibilities of the Poundkeeper pursuant to this Bylaw, and includes the deputy,
assistants, and employees of the Poundkeeper;
5126 and 5126-1 Animal Control and Pound Bylaw Consolidated
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"Public Place" includes any highway and any real property owned, held, operated or
administered by the City;
"Seize" includes impound and detain;
"Unlicenced Dog" means any dog over the age of six months that is not licenced by the
City or is not wearing a valid and subsisting licence tag; and
"Vicious Dog" means
(a)
a dog which, according to the records of the City or the Poundkeeper, has killed
or injured an animal or a human, or which has, without provocation, aggressively
chased or threatened a human,
(b)
a dog which, to the knowledge of its owner, has killed or injured an animal or
human or which has, without provocation, aggressively chased or threatened a
human,
(c)
a dog specifically bred for fighting or training purposes, or
(d)
a dog with a known tendency, propensity or disposition to attack animals or
humans without provocation.
Dog Licences
3.
No person shall own, keep, possess or harbour any dog over the age of six months in
the City unless a valid and subsisting licence for the current calendar year has first been
obtained for the dog under this Bylaw.
4.
The requirement in section 3 does not apply to a dog that is kept in the City for less than
one month in a calendar year and which is not allowed or permitted to be at large in the
City.
5.
If a dog is required to be licenced pursuant to this Bylaw, the owner of the dog shall
apply to the City for a licence on the prescribed form provided by the City and pay the
fee as set out in the City's Fees and Charges Bylaw, and upon receipt of the application
and payment of the prescribed fee, the City shall issue a numbered dog licence and
corresponding licence tag, to be renewed annually.
6.
One tag shall be provided by the City when the dog is licensed for the first time. A
replacement tag shall be provided upon payment of the fee as set out in the City's Fees
and Charges Bylaw, Duplicate or Transfer Licence.
7.
The licence fees set out in in the City's Fees and Charges Bylaw shall be reduced by
one-half in respect of an application for a licence made on or after August 1st.
8.
The owner of a dog for which a licence and corresponding licence tag have been issued
under this Bylaw shall affix, and keep affixed, the licence tag on the dog by a collar,
harness, or other suitable device.
5126 and 5126-1 Animal Control and Pound Bylaw Consolidated
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9.
Every licence and corresponding licence tag issued under this Bylaw is valid only in
respect of the dog for which it was issued, as described on the licence application, and is
not transferable to another dog unless
(a)
the owner of the dog for which the licence and corresponding licence tag have
been issued sells or ceases to be the owner of that dog,
(b)
the owner acquires a different dog within the licence year for which he or she
already possesses a licence and corresponding licence tag, and
(c)
the owner surrenders the original licence and corresponding licence tag to the
City and pays the transfer licence fee as set out in the City's Fees and Charges
Bylaw.
10.
The owner of a dog for which a licence and corresponding licence tag have been issued
under this Bylaw may obtain a replacement licence tag upon satisfying the Municipality
that the original licence tag has been lost or stolen and upon payment of the
replacement licence fee as set out in the City's Fees and Charges Bylaw.
11.
Where this Bylaw provides for a reduced licence fee for a dog that is neutered or
spayed, the application shall be accompanied by a certificate signed by a qualified
veterinarian indicating that the dog has been neutered or spayed or a certificate in the
form set out in Schedule "A" to this Bylaw indicating the reasons that a certificate from a
qualified veterinarian is unavailable.
Regulations for the Keeping of Cats
12.
No person shall own, keep, possess or harbour any cat over the age of six months in the
City unless
(a)
the cat has been spayed or neutered by a veterinarian, or
(b)
a valid and subsisting breeder's licence for the current licence year has first been
obtained for the unspayed or unneutered cat under this Bylaw.
13.
The requirement in section 12 does not apply to a cat that is kept in the City for less than
one month in a calendar year and which is not allowed or permitted to be at large in the
City.
14.
The owner of an unspayed or unneutered cat may apply to the City for a breeder's
licence on the prescribed form provided by the City and pay the fee as set out in the
City's Fees and Charges Bylaw, and upon receipt of the application and payment of the
prescribed fee, the City shall issue a breeder's licence to that owner for that cat.
15.
Every breeder's licence issued under this Bylaw shall expire on the 31st day of
December in the calendar year in which the licence was issued.
16.
Every owner of a cat shall affix, and keep affixed, sufficient identification on the cat by a
collar, harness, tattoo, microchip or other suitable device such that a person finding the
cat at large in the City can identify and contact the owner.
5126 and 5126-1 Animal Control and Pound Bylaw Consolidated
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Animal Control Regulations and Prohibitions
17.
No owner of a dog shall permit or allow the dog to:
(a)
howl or bark excessively where such howling or barking causes or tends to
cause annoyance to persons in the neighbourhood or vicinity;
(b)
be at large in the City; or
(c)
be in a public place unless the dog is kept on a leash, chain or tether not
exceeding 183 centimetres (six feet) in length and the dog is under the
immediate care and control of a competent person.
18.
No owner of an unspayed or unneutered cat shall permit or allow it to be at large in the
City.
19.
The owner of a female dog in heat shall, at all times when the dog is in heat, keep the
dog securely confined within a building or enclosure capable of preventing the dog's
escape and the entry of other dogs.
20.
If an animal defecates on a highway or public place, the person having care, custody, or
control of the animal shall immediately remove the excrement so deposited and dispose
of it in a sanitary manner.
21.
No person other than the owner of an animal shall remove any form of identification on
or affixed to the animal.
22.
A person who finds and takes possession of an animal at large in the City shall
immediately notify the Poundkeeper and, upon request, release or deliver the animal to
the Poundkeeper.
Vicious Dogs
23.
Every owner of a vicious dog must at all times keep the dog:
(a)
securely confined indoors such that the dog cannot escape;
(b)
in an enclosed pen or other enclosure which prevents the entry into the pen or
enclosure of children under 12 years old and prevents the animal from escaping
the pen or enclosure; or
(c)
muzzled, on a leash and under the immediate control of a competent person
skilled in animal control.
Prohibition of Cruelty to Animals
24.
No person shall keep any animal in the City unless the animal is provided with:
(a)
clean potable drinking water and food in sufficient quantity and of a recognized
nutritional quality to allow for the animal's normal growth and the maintenance of
the animal's normal body weight;
5126 and 5126-1 Animal Control and Pound Bylaw Consolidated
Page 5
(b)
food and water receptacles which are clean;
(c)
the opportunity for periodic exercise sufficient to maintain the animal's good
health;
(d)
necessary veterinarian care when the animal exhibits signs of pain, suffering, or
disease; and
(e)
a clean and sanitary shelter of sufficient size to allow the animal to turn about
freely and stand, sit and lie in a normal position.
Destruction of Diseased Animals
25.
An Animal Control Officer may seize any animal suffering from an incurable disease and
may destroy an animal upon certification of the animal's condition by a licenced
veterinarian.
Establishment of Pound and Poundkeeper
26.
The land and premises located at 4936 Broughton Street, Port Alberni, British Columbia,
and legally described as Area A of District Lot 14, Area B of District Lot 137 and Area C
of District Lot 143, all of Plan VIP69395, Alberni Land District, are hereby established as
the pound.
27.
The British Columbia Society for the Prevention of Cruelty to Animals (Port Alberni
Branch) is hereby appointed as the Poundkeeper.
28.
The Poundkeeper shall maintain records which include:
(a)
a description of every animal seized under this Bylaw, including a dog's licence
number if any, and the date and time each animal is received by the pound;
(b)
the name of the person or persons taking or sending any animal to be
impounded;
(c)
the date and time each animal impounded was redeemed, sold, destroyed, or
otherwise disposed of by the Poundkeeper;
(d)
the name of every person redeeming any animal and the amount paid by that
person;
(e)
the name of every person purchasing any impounded animal and the amount
paid by that person; and,
(f)
the amount of impoundment and maintenance fees, costs, and charges
connected with each impounded animal.
Seizure and Impoundment
29.
An Animal Control Officer may seize:
5126 and 5126-1 Animal Control and Pound Bylaw Consolidated
Page 6
(a)
any unlicenced dog;
(b)
any vicious dog not secured or muzzled in accordance with section 23;
(c)
any animal found to be at large contrary to this Bylaw;
(d)
any animal straying or trespassing on private property; and
(e)
any animal on unfenced land and not securely tethered or contained.
30.
An Animal Control Officer shall immediately convey any animal seized and liable to
impoundment under this Bylaw to the pound.
31.
The Poundkeeper shall ensure that all animals seized under this Bylaw receive sufficient
food, water, shelter, and, if necessary, reasonable veterinary attention, and that the
animals are not mistreated while under seizure and impoundment.
32.
Where an animal is seized pursuant to this Bylaw, the Poundkeeper shall make
reasonable effort to identify and notify the owner of the animal of the fact that the animal
has been seized and that the animal will be sold, destroyed or otherwise destroyed of by
the Poundkeeper after the expiration of 72 hours from the date the animal was seized
unless the animal is redeemed before that time.
33.
Where the owner of an animal which has been seized under this Bylaw is not known to,
and cannot be identified by, the Poundkeeper, the Poundkeeper shall cause notice of
the seizure to be posted on the public notice boards at the pound. Such notice shall set
out the particulars of the seized animal, the date of seizure, and that the animal will be
sold, destroyed, or otherwise disposed of by the Poundkeeper after the expiration of 72
hours from the date of the notice unless the animal is redeemed before that time.
34.
An owner of an animal seized under this Bylaw, or any person authorized in writing on
the owner's behalf, may redeem the animal at any time prior to its sale, destruction, or
disposal under this Bylaw upon:
(a)
delivery to the Poundkeeper of evidence satisfactory to the Poundkeeper of
ownership of the animal;
(b)
payment of the impoundment and maintenance fees, costs, and charges incurred
in respect of the seizure and boarding of the animal as set out in the City's Fees
and Charges Bylaw; and,
(c)
payment of the current requisite licence fee if the animal is required to be
licenced pursuant to this Bylaw and is not licensed.
35.
Where an animal that has been seized under this Bylaw has not been redeemed, the
Poundkeeper may, after the expiration of the notice periods established under this
Bylaw, offer the animal for sale or adoption.
36.
Where the Poundkeeper is unable or considers it undesirable to effect the sale or
adoption of an animal that has been seized under this Bylaw, or where a seized animal
5126 and 5126-1 Animal Control and Pound Bylaw Consolidated
Page 7
has been offered for sale or adoption but has not been sold or adopted, the
Poundkeeper shall destroy or otherwise dispose of the animal.
37.
No person shall break open, or in any manner, directly or indirectly, aid or assist in
breaking open, the pound.
38.
No person shall take or release any animal from the pound without the consent of the
Poundkeeper.
Inspection
39.
An Animal Control Officer may enter on any property at any reasonable time for the
purpose of ascertaining whether the regulations and requirements of this Bylaw are
being observed.
Obstruction
40.
No person shall hinder, delay, or obstruct in any manner, directly or indirectly, an Animal
Control Officer or any person employed by the Animal Control Officer in carrying out the
duties and powers of an Animal Control Officer under this Bylaw.
Offences and Penalties
Bylaw No. 5126-1 replaces the following text in Section 41:
41.
Any person who violates any provision of this Bylaw is guilty of an offence against this
Bylaw and is subject to a fine. Each day that a violation continues to exist is deemed to
be a separate offence against the Bylaw.
42.
This Bylaw is designated pursuant to section 264 of the Community Charter, S.B.C.
2003, c.26 as a bylaw that may be enforced by means of a ticket in the form prescribed.
43.
Animal Control Officers and members of the Royal Canadian Mounted Police are
designated to enforce this Bylaw by means of a ticket pursuant to section 264 of the
Community Charter.
Bylaw No. 5126-1 replaces the following text in Section 44:
44.
The words or expressions listed in the "Bylaw Notice Enforcement Bylaw" in the
"Description" column are authorized to be used on a ticket pursuant to section 264(1)(c)
of the Community Charter to designate an offence against the respective section of this
Bylaw appearing in the "Section" column. The amounts appearing in the "Penalty"
column are the fines set pursuant to section 265 of the Community Charter for
contravention of the respective sections of this Bylaw.
Severability
45.
If any section or lesser portion of this Bylaw is held to be invalid by a Court, such
invalidity shall not affect the remaining portions of the Bylaw.
5126 and 5126-1 Animal Control and Pound Bylaw Consolidated
Page 8
Repeal
46.
"Animal Control and Pound Bylaw, No. 4593" and all amendments thereto are hereby
repealed.
READ A FIRST TIME this 14th day of April, 2025.
READ A SECOND TIME this 14th day of April, 2025.
READ A THIRD TIME this 14th day of April, 2025.
FINALLY ADOPTED this 28th day of April, 2025.
Mayor
Corporate Officer
5126 and 5126-1 Animal Control and Pound Bylaw Consolidated
Page 9
SCHEDULE "A"
CERTIFICATE THAT VETERINARIAN'S CERTIFICATE UNAVAILABLE
I HEREBY CERTIFY THAT:
1. I, ________________________, am the owner of a ______________________ dog.
2. That the dog is a
Neutered Male
Spayed Female
3. That the dog was spayed or neutered by __________________________________
at _________________________, on or about ________________________.
Date
4. I am unable to enclose a Veterinarian's Certificate because:
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
Date:
________________________________
Signature
________________________________
Address
RECEIVED at Port Alberni, BC on
________________________________
Date
________________________________
Collector
5126 and 5126-1 Animal Control and Pound Bylaw Consolidated
Page 10
SCHEDULE "B"
FINE SCHEDULE
Bylaw No. 5126-1 deletes Schedule "B" - Fine Schedule in its entirety. All fines previously contained within
Schedule "B" shall now be established and maintained in the Bylaw Notice Enforcement Bylaw.