Nanaimo : Règlement no 7316, art. 2(a) — Animal Responsibility Bylaw

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, Poultry or Livestock;
• (c) has aggressively pursued or harassed a Person or Companion Animal, Poultry 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. “Animal Control Officer” means any Person who is designated by the City to administer and enforce this Bylaw, and includes:
• a) A Peace Officer;
• b) A Bylaw Enforcement Officer;
• c) A Poundkeeper; or
• d) A Person appointed by the City as an Animal Control Officer. “Animal” Includes any living member of the Kingdom Animalia excluding humans and bees. “Apiary” means a place where bees or beehive or beekeeping equipment is kept. "At Large” means an Animal:
• a) in or upon a Public Place, or
• b) 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 while not under the direct and continuous control of the Owner or a Competent Person. “Bee” means any of a various winged, hairy-bodied insects of the order Hymenoptera, characterized by specialized structures for gathering Animal Responsibility Bylaw nectar and pollen from flowers, except wasps. “Bird” means a member of the class Aves, which includes warm-blooded, egg-laying, feathered vertebrates having forelimbs modified to form wings. “Biting” means the breaking, puncturing or bruising of the skin by an Animal with its teeth. “Bylaw Enforcement means a Person appointed by the City to the position of Bylaw Officer” Enforcement Officer or who otherwise, by virtue of that Person’s appointment or position with the City, is authorized to enforce this Bylaw. “Cat” means a male or female of the species Felis catus. “Choke Collar” means a slip collar or chain that may constrict around the animal’s neck as a result of pulling on one end of the collar or chain and includes pinch or prong collars, but does not include a martingale collar. "City" means the City of Nanaimo. “Companion Animal” means a domesticated Animal kept as a pet for companionship to a Person rather than other forms of utility or profit and which may lawfully be kept on residential Property in accordance with this Bylaw and the City’s zoning regulations, but does not include Livestock, or Poultry. “Competent Person” means a Person of sufficient age, capacity, height and weight to ensure an Animal under their control will be obedient to their commands or to physically restrain the Animal if required. "Council" means the Council of the City of Nanaimo. “Distress” Includes, but is not limited to, an Animal which is exhibiting any of the following signs of heat distress:

• (a) Excessively panting or drooling;
• (b) Dark purple or grey tongue;
• (c) Loss of bowel control; or
• (d) Lethargic and unresponsive behaviour. "Dog" means any Animal of the Canis familiarise species, irrespective of age or sex. "Dog Licence" means a licence for a Dog for the current licensing year that is paid for and that has been issued by the City under this Bylaw. “Dwelling Unit” means a detached building, or self-contained unit within a detached building, which is used or intended to be used as a residence for only one family, and which contains a separate entrance, and contains separate eating, living, sleeping, and sanitary facilities and not more than one kitchen, but excludes a Bed and Breakfast and a hotel / motel room. “Ear tipping” means the removal of the ¼ inch tip of a Feral Cat’s ear (usually left), performed while the Cat is under anesthesia under the supervision of

a licensed veterinarian. “Enclosure” means a structure forming a pen suitable to confine the Animal being, or intended to be, confined within the structure, and which meets any dimensions required of a specific enclosure under this Bylaw. Animal Responsibility Bylaw “Feral Cat” means a cat that is unsocialized to humans and has a temperament of extreme fear and resistance to contact with humans. “Feral Rabbit” means any Rabbit that is found in a public place or found trespassing on private lands, that bears no form of Identification. "Hook Bill Birds" Means birds of the tropical and subtropical order Psittaciformes but excludes budgies and love birds. “Identification” means:

• (a) a collar or tag worn by an Animal which includes the name, current address, and telephone number of the Owner;
• (b) A tattoo or traceable microchip that leads to the name, current address, and telephone number of the Owner; or
• (c) A valid licence tag issued by a local government in Canada. "Leash" means a line or chain that does not exceed 6 feet (1.83 meters) in length and is of sufficient strength to restrain a Dog without breaking. "Licensed Dog" means a Dog for which a Dog Licence has been issued, and that is wearing on its collar or harness, a tag corresponding to a Dog Licence for that specific Dog. "Licensing Year" means January 1st to December 31st in any year. “Livestock” means an Animal normally raised or kept for food, milk or for wool or fiber, or a beast of burden, and includes, but is not limited to, alpaca, cows, donkeys, emus, goats, horses, llamas, mules, ostriches, sheep, or swine, including miniature pigs, and all other animals that are solely used for agricultural purposes. “Muzzle” means a humane basket-style fastening or covering device that is “Muzzled” strong enough and well-fitted enough to prevent a Dog from Biting, without interfering with its breathing, panting, vision, or its ability to drink. “Nuisance” includes, without limiting its general meaning, an intimidating, aggravating, upsetting or harassing situation, or a situation that prohibits a Person or group of Persons from entering a building or area because of an Animal’s behaviour. “Off-Leash Area” means any area designated by resolution of Council as a place where

a Dog need not necessarily be on a Leash but must still be under the care and control of a Competent Person such that it will obey verbal or hand commands to come when directed to do so. “Owner” means, any Person

• (a) to whom a licence for a Dog has been issued pursuant to this Bylaw;
• (b) who owns, is in possession of, or has the care or control of any Animal; or
• (c) who harbours, shelters, permits or allows any Animal to remain on or about the Owner’s land or premises; excluding the government of British Columbia “Person” means a natural or legal Person. Animal Responsibility Bylaw “Prohibited Animal” means:
• (a) controlled alien species as defined by the Controlled Alien Species Regulation, BC Reg. 94/2009; and
• (b) wildlife species identified in Schedule “B” or “C” to the Designation and Exemption Regulation, BC Reg. 168/90, except Feral Rabbits. "Poultry" means any bird normally raised for food or egg production, and without limiting the generality of the foregoing includes: hens or pullets, rooster or cockerels, ducks, geese, turkeys, artificially reared grouse, partridge, quail, pigeons, pheasant, rock doves, quail or ptarmigan. "Pound" means premises used by the Poundkeeper to harbour and maintain Animals pursuant to this Bylaw. "Poundkeeper" means the Person appointed as Poundkeeper by Council and any Person or Persons appointed from time to time by Council for the purpose of administering, enforcing and carrying out the provisions of this Bylaw including employees of the Poundkeeper and Animal Control Officers. “Property” means real property as defined in the Community Charter. “Public Beach” means any beach area adjacent to a lake or ocean located within a park. “Public Place” means all land owned, held, operated or administered by any level of government, including a school district. "Rabbit" means a burrowing gregarious herbivorous mammal of the Leporidae family. “Reptile” means a vertebrate Animal of the class Reptilia that includes snakes, lizards, turtles and tortoises. “Small Flock Birds” means finches, canaries, budgies and love birds. “Sterilized” means an Animal that is spayed or neutered or otherwise rendered incapable of reproducing by a method approved by the Canadian Veterinary Medical Association. "Unlicensed Dog" means a Dog, which is not a Licensed Dog and which is over the age of 16 weeks. “Wildlife” has the same meaning as in the Wildlife Act