Kelowna : Règlement no 5421-82, art. 6(a) — Animal and Poultry Regulation and Animal Pound Bylaw

Every owner or other person entitled to the possession of an animal or rabbit which has been impounded as aforesaid shall forthwith upon being notified or become aware of such impounding redeem the animal or rabbit in accordance with the provisions of this bylaw, or should the Pound be broken and the animal or rabbit get out or in any way escape therefrom and get back to the possession or custody of the owner or any person claiming the said animal or rabbit, the said owner or other person shall still be liable for the payment of any impoundment, boarding or haulage charges due and payable under this Bylaw. BL10033 amended sub-section (b):

• (b) Where any impounded animal or rabbit has not been claimed in accordance with the provisions of this bylaw, the Poundkeeper shall take whatever action necessary to sell such animal or rabbit by public auction on the day named in the Notice issued pursuant to Section 5 herein, as follows:
• (i) Under this Section, any horse, cattle, male sheep, male goat or male swine apparently over one (1) year old may be sold at such public auction as the Poundkeeper may arrange for, subject to approval of this particular auction by the Director of Finance.
• (ii) Under this Section, any horse, cattle, female sheep, female goat, or female swine apparently under one (1) year old, and any goose, rabbit or poultry is to be sold by public auction at the Pound, the Poundkeeper shall be the auctioneer. BL10033 amended sub-paragraph (iii):
• (iii) The Poundkeeper shall neither in person nor by his agent purchase any animal or rabbit at a sale under this Section, or have any interest of any kind in any animal or rabbit so purchased. BL10033 replaced sub-paragraph (i):
• (c)
• (i) If more than one (1) animal or rabbit is impounded and the owner thereof is known, the Poundkeeper shall not sell or cause to be sold any more of such animals or rabbits after there has been realized from the sale sufficient to satisfy the charges due against the animals or rabbits under this bylaw, and the owner of the animals or rabbits shall be entitled to those remaining unsold. BL10033 replaced sub-paragraph (ii):
• (ii) If the owner of the animals or rabbits is unknown, the Poundkeeper shall sell all the animals or rabbits impounded. Consolidated Bylaw No. 5421-82 –. BL10033 deleted sub-section
• (d) in its entirety. BL10033 amended sub-section (e):
• (e) The Poundkeeper shall be responsible for providing the Director of Finance with

a statement of any public auction held under this section, which shall contain a description of the animal or rabbit sold, the date of sale, the amount of monies realized, and such monies shall be turned in to the City no later than the last day of the month in which such public auction took place. BL10033 amended sub-section (f):

• (f) Where at any public auction held pursuant to this Section, no bid is received for the impounded animal or rabbit to be sold or where a bid received is less than the charges due under this bylaw, the Poundkeeper may, at his discretion, sell it at private sale, and if in the opinion of the Poundkeeper, it is impossible to dispose of such animal or rabbit for valuable consideration, the Poundkeeper may cause such animal or rabbit to be humanely destroyed or otherwise disposed of. BL10033 amended sub-section (g):
• (g) If the proceeds from the sale or other disposal of any animals or rabbits aforesaid shall not be sufficient to satisfy the amount chargeable thereon as hereinbefore provided, then the owner or other person entitled to the possession of the animal or rabbit shall pay the balance and may be sued therefore at the insistence of the Poundkeeper.
• (h) Notwithstanding any other provisions of this bylaw, after a period of four (4) calendar weeks following the issuance of the notice prescribed under paragraph 5(a), or if the owner is unknown and all reasonable avenues to locate the owner and/or collect the charges payable under this bylaw have failed, a cat shall be humanely destroyed at City expense under direct supervision of a person authorized to practice Veterinary Medicine under the Veterinary Medical Act for the Province of British Columbia, and in possession of a valid and subsisting City Business Licence, issued by the Licence Inspector of the City of Kelowna. BL10033 amended Section 7: