BC 1996 03 19 - Laserfiche WebLink

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58 Section 12. (1) (2) (3) Section 13. 1) Dangerous Animals. It shall be unlawful for any person to own or in any way maintain or harbor any animal which is dangerous as defined in Section 4 (#10). If the Director/Supervisor has determined that an animal is dangerous, then the Director/Supervisor shall notify the owner immediately in writing, if the owner is known and after reasonable efforts to (otherwise) notify the owner (have failed). The owner shall turn the animal over to the Department immediately after such notification. The Director/Supervisor shall have the authority to seize immediately an animal deemed dangerous. The Director/ Supervisor shall have the discretion to dispose of an animal in one (1) of only two (2) specific ways: a. b. By the humane destruction of the animal; or By giving the animal to an individual or an organization, subject to the protective and i.nspection conditions required by the Director/Supervisor for the well-being of the animal and for the protection of the public, for the purpose of preserving and taking care of the animal. An animal declared to be a dangerous animal by the Director/ Supervisor shall not be disposed of for research or experimental purposes. The Sheriff shall conduct a hearing to determine if the Director/Supervisor's determination that the animal is dangerous is correct or incorrect. If the animal is judged not to be dangerous, it shall be returned to the owner. If the Sheriff determines the animal to be dangerous, then the Director/Supervisor shall dispose of the animal only in the manner described about in Section 12 (#2). In the event of an appeal to the courts from the Sheriffs decision, the animal shall be confined at the animal shelter and a cash bond shall be requested for all costs whatsoever attendant upon County's retention of the animal. Protective measures for confinement of potential dangerous dogs. Circumstances Requiring Special Preventive Measures The Department shall have the authority to require the owner or custodian of a dog to comply with specific preventive measures, as described below in Section 13 (#2), after taking into consideration the following factors: a. Nature of the particular dog: The behavior, size, temperament, capacity for inflicting serious injury, the number of dogs involved or other such factors which would be relevant to determination of whether or not additional preventive measures need to be imposed for a particular situation; and b. Adequacy of confinement: The adequacy of the enclosure or confinement, if any; and c. Immediate surrounding area: The likelihood that the conditions pertaining to the particular dog and the dog's confinement are detrimental to the safety, welfare or peace and tranquillity of citizens in the immediate surrounding area. In Considering whether to order a special preventive measure, the Department is authorized to consider additional factors as aggravating circumstances that might warrant the ordering of special preventive measures: do fo go Child under the age of seven: A child under the age of seven lives in close proximity, or small children walk by or are otherwise in close proximity to the premises occupied by the dog; or Bite: The dog has bitten a human being or domestic animal, without provocation or trespass, and the person bitten does not ordinarily reside on the premises; or Dog trained for fighting or aggressive attack: The dog is used for competitive dog fighting or the dog has been trained for aggressive attacks; or Attitude of attack incident: The dog, without provocation or a trespass, has approached a person in an apparent attitude of attack; or