FINES & PENALTY

The Council Animal Advocacy (CLAW) has formulated a series of proposed fines & penalties that if adopted will form the basic and minimum fines & penalties, per infraction described. This will afford consistency across North America and seek to both harmonize Federal legislation, such as the Criminal Code, with Provincial Legislation and at Municipal Government level seek to remedy inconsistencies and inadequate bylaws.  Collectively, laws currently fail to address the various levels of crimes and certainly afford no prevention and definitely have no preventative or meaningful impact upon any offenders, at any level of infraction from Municipal Bylaw to Federal Criminal Codes.  We include the proviso that “laws currently exceeding our recommendations shall supersede”, such as in British Columbia, The Prevention of Cruelty to Animal Act declares “CRUELTY” as an offense, which is correct.  Whereas, an inferior version proposed in the Criminal Code calls for “proof of willful, intentional, etc.”, which is incorrect law..  Our objective is to eventually eliminate described infractions via our proven “Legislation supported by Education Program”.  Inherent in our proposals is the opportunity for collection of any imposed fines, such as by adding to Residential Property Taxes or other means to facilitate collection, etc. To ensure more senior governments adopt any needed legislation to permit Municipal Governments, for example, to adopt Bylaws that permit progressive fines, up to a recommended $ 5000.00 Bylaw fine, with penalty assessed to be a degree higher per each repeat offense, such as provision of, as applicable, warning, 1st, 2nd, 3rd, 4th offense fines amounts, impounding offending source (ie; boom box stereo, unattended alarm, incessantly barking Dog), restitution to victims, community service, electronic monitoring, and lastly, if all efforts fail, incarceration to meet the frequency and severity of offense. Similarly, to provide increasing degree of penalty to meet response by those offenders failing to cease offending.  Following are proposed fines & penalties:

The Federal Criminal Code proposed amendments under Bill C-22 and/or subsequent amendments is deemed minimal steps needed to enhance “Animal” protections and afford penalty, thus, we strongly advocate government move to adopt this legislation immediately that other levels of government across North America may start to dovetail/harmonize their legislation completing a framework of desperately needed laws to finally start to address needs of Animals; that SENATORS pass Legislation, as is!  Legislation includes recognition of Animals as sentient-beings, capable of fearing and feeling pain and to remove from being ‘property’, to prohibit owning an Animal for life if guilty of an offense; unlimited amount of fine; up to five (5) years incarceration and so forth.  The main glaring anomaly in Federal legislation is the need to prove “cruelty” as willful or intentional which is pure folly, as “cruelty” is an act and thus a crime unto its own merits, not needing any qualification, so we demand amendment accordingly to this law.

Provincial or State Legislation is to be harmonized with aspects of the Criminal Code, where inferior, that consistency across North America may be achieved and minimal protections for Animals derived.  We demand each Provincial & State Government to act in responsible manner and expediently pass needed legislation.

Further, all Animals raised for Food should be included in coverages and not excluded, as sometimes present, such as in the British Columbia Prevention of Cruelty to Animal Act wherein Animals in distress are ‘excluded’ whom experience such distress as a result of “normally accepted farm management practices”, which in essence, perpetuates inhumane “Factory Farming” methods.

PROPOSED MUNICIPAL BYLAW FINES & PENALTY PROGRAM

The solution to most dilemma experienced by levels of government deals with a consistent and meaningful set of “Fines & Penalties” that will create the environment that will see potential violators pause and reflect upon the fact that complying with Bylaws & Legislation is more appropriate and less costly, than perpetrating an offense.  Thus, our premise is “Legislation supported by Education” is the long term solution.  Simply, it is far more appealing for “authorities” and/or “responsible” residents/Animal Welfare proponents and such, to approach a person under the pretense of first apprising what the offense/problem appears to be, request voluntary compliance but support this demand (educate) with the proviso, failure to comply will result in a ‘severe’ fine, as stated below, per Bylaw offense. This list of penalties and/or fines corresponds to a specific Bylaw and is based upon the premise that should a Province/State/Municipality have an existing law providing enhanced or more progressive systems or higher amounts of fines that exceed those below, the Province/State/Municipality system in place will take precedence.  As well, it is understood this list, in part or whole, may be incomplete, thus does not limit a Province/State/Municipality to these examples.  As well, in order to improve conditions and perceived cruelty, inhumane or unsatisfactory practice, a “law must be in place”, further, most proposed Bylaws are “complaint driven” and lastly, rather than perceive “costs or unknown enforcement difficulties” we suggest a progressive and positive approach instead, in that, in fact, revenue may more than offset enforcement:

1. SPAY AND NEUTER – Failure to have a Cat or Dog spayed, neutered, identification tattoo or obtain a breeder permit, minimum fine $ 150.00 per infraction, per Animal

2. BREEDER PERMIT

a). Annual Breeder Permit I, due February 1st, permits one (1) breeding per year:

DOG

• $ 35.00 Small/Medium Dog, per breed
• $ 50.00 Large Dog, per breed  (over 35 lbs.)
• $300.00 “Specified Breed” dog species, per Dog

CAT

• $ 35.00

FERRET

• $ 35.00

b). Annual Breeder Permit 2, due February 1st, permits two (2) breeding per year

DOG

• $ 70.00 Small/medium Dog, per breed

• $  100.00 Large Dog, per breed (over 35 lbs.)

• $  300.00 “Specified Breed” dog species, per Dog

CAT

• $  70.00

FERRET

• $ 70.00

3. ANNUAL LICENSE

a). Annual Dog License due February 1st

• Unaltered –   $ 50.00

• Altered –        $ 25.00

• “Specified Breed”  – $300.00

NOTE: If paid prior to January 31st deduct $ 10.00. If paid after February 5th add  $10.00 penalty, per month overdue

b). Annual Cat License due February 1st  (new)

• Unaltered –  $ 100.00

• Altered – $ 15.00

NOTE: If an altered Cat is retained indoors permanently, a $ 5.00 annual fee applies

If an unaltered Cat license fee is paid prior to January 31st deduct $ 25.00.  If paid after February 5th add $ 10.00 penalty per month overdue.

c). Kennel License due February 1st $   to be determined

d). Good Samaritan License (up to 20 indoor Cats) due February 1st $ 10.00   (new)

e.  Failure to register and/or obtain a designated license for a Dog or as approved, Cat, $ 150.00, plus cost of license.  It is recommended that a media announcement apprise residents of this proviso permit sixty (60) days prior to effective date. for compliance, then all future non-compliance will result in a fine.

4. Failure to adhere to basic Animal Care Standards, minimum fine $ 500.00 to maximum per Offense Act $ 2000.00 (proposed maximum increase to $ 5000.00), with prohibition from owning an Animal for life, if convicted.

5. Dogs roaming at-large fines:

a). Unlicensed

• 1st offense – $200.00

• 2nd offense – $300.00 and thereafter fines

b). Licensed

• $ 150.00 each offense

6.  “Specified Breeds” and/or “Dangerous or Vicious” Dog roaming at-large fines

• 1st offense –     $200.00

• 2nd offense –    $500.00

• 3rd offense –    $1000.00 and thereafter, fines

a). notwithstanding, if a “Specified Breed” or designated “Dangerous or Vicious Dog” has caused or does cause injury to a Human or Animal the fine for a 1st offence will be $ 1000.00, plus costs and the Animal may be subject to being humanely destroyed

7. Failure to pick-up excrement fines;

• 1st offense – $50.00,

• 2nd offense – $100.00 and thereafter, each offense.

Refusal to pick up excrement, upon being directed, by authorities, an additional  $150.00 fine

8. Receiving proceeds from operation of a “puppy or kitten mill” and/or breeding an Animal more than Breeder Permit provisions, per year, $ 500.00 per Animal in litter

9. Abandonment of a pet and/or killing any pet, minimum fine $ 500.00 per Pet up to a maximum per Offense Act $ 2000.00 (proposed maximum to be increased to $ 5000.00), per Pet abandoned and/or killed, as well, to be prohibited from owning another Pet, for life, including prosecution under Criminal Code in the event cruelty exists.

10. Failure to comply with a Pet Shop Regulation Bylaw, (reference District of North Vancouver, B.C. Bylaw) minimum fine $ 200.00 to a maximum per Offense Act $ 2000.00  (proposed maximum recommended to be $ 5000.00).

11. Transporting an Animal in the rear of a truck, unrestrained, minimum fine $ 500 to a maximum $ 2000.00

12. Failure to comply with a Wild or Exotic Animal Bylaw, use of animal in an entertainment venue, sale or trade of wild or exotic animals, per Schedule “A”, fine minimum $500.00 to a maximum $5000.00

13. Failure to comply with the Anti-Noise Pollution Bylaw and thus causes disturbing noise to one (1) or more residents, whom submit a ‘written complaint’:

• 1st offense a written warning, by Bylaw Enforcement, Animal Control or Police

• 2nd offense $ 100.00 fine,

• 3rd offense $ 300.00 and/or subsequent offenses a fine up to $ 2000.00, per provisions of the Offense Act.

As well, upon a fourth (4th) offense, in addition to a fine, provision that the offending source of noise, may be confiscated/impounded and become the property of that Municipality.  Each day that a violation continues to exist shall constitute a separate offense.

14. Persons having in their possession, an Animal in public, such as an authorized ‘leash-free’ area are obliged to possess current & valid identification and must provide such evidence at the request of any authorities.

a). Failure to possess identification upon ones person $ 50.00 fine.

b). Failure to provide authorities identification, upon request, an additional $ 100.00 fine.

c). Possessing more than approved limit of three (3) Dogs and/or more than two Dogs (2) off-leash, shall be subject to a $50.00 fine per Dog over three (3) and an additional fine, per Dog, of $ 50.00 per Dog over two (2) off-leash.

15. Failure to pay issued fines by the due date, will prompt authorities to commence legal remedies of collection, currently in place. In addition, Municipalities may elect to add any unpaid fines to a residents property tax statement, if the fine is not paid by December 31st.

NOTE: If a Court of competent jurisdiction declares any section of these Bylaws to be invalid, that section shall be severed from the Bylaw such that the remaining sections of Bylaws shall continue to be valid.

NOTE: FOR PURPOSES OF CLARIFICATION PERTAINING TO DOGS DEEMED TO BE POTENTIALLY  “DANGEROUS”, FOR LICENSING PURPOSES, BY “SPECIFIED BREED” CATEGORY OR SUBSEQUENT FINE PER VIOLATION, THE FOLLOWING LIST BUT NOT LIMITED TO THIS LIST, SHALL INITIALLY CONSTITUTE SUCH CLASSIFICATION AND THUS SHALL INCLUDE ANY BREED OF DOG THAT SUBSEQUENTLY IS DETERMINED TO BE “VICIOUS”:  ROTTWEILER, GERMAN SHEPHERD, DOBERMAN, PIT BULL TERRIER, AMERICAN PIT BULL, PIT BULL, STAFFORDSHIRE BULL TERRIER, AMERICAN STAFFORDSHIRE TERRIER, BULL MASTIFF, PRESA CANARIO OR ANY DOG OF MIXED BREEDING WHICH INCLUDES ANY OF THE AFOREMENTIONED BREEDS.

As aforementioned, we propose a strict enforcement and no tolerance approach to ensure standards and bylaws are attained and remain at an acceptable level, by first announcing bylaws and publication in local media papers, date of expected compliance, thereafter, a no tolerance approach.

Note: The aforementioned fines & penalties have been provided to the Attorney General to seek accreditation within Provincial or State Legislation, such as in B.C. the Offense Act, Minister Municipal Affairs to ensure compliance is afforded within the Vancouver Charter/Community Charter or as applicable in other Provinces or State Legislation and thus are subject to such confirmation and/or agreement by the Attorney General to amend such Legislation to permit compliance.  Thus, support by Municipal Councils and their respective “Association” (ie; in British Columbia, The Union of B.C. Municipalities) is expected.  As well, two notable entities are recommended to be established, as follows:

1. Animal Welfare Committee, at each Provincial, State & Municipal Government level

2. Animal Relations Board and/or Regional Bylaw Court, to adjudicate Animal issues and other Bylaw infractions, to facilitate fair and equal justice, not heretofore provided by ‘indifferent’ Prosecutors and/or Judicial System.

3. Provisions of proposed legislation demand parameters of enforcement comprise applicable “warning” as applicable, issuance of progressive fines including 1st, 2nd, 3rd, 4th offenses fines, that should further offenses continue and/or more serious implications arise, prosecution may include the confiscation/impound of offending source, for example, noise infraction cause(s), restitution to victims of any costs incurred in the prosecution process and/or due to any damages incurred; community service, electronic monitoring and subsequent incarceration, with the intent being to either prevent infractions, penalize in meaningful fashion any perpetrators, thus, it must be understood a progressive more severe penalty will be imposed in repeat cases.