COUNCIL AGENDA Regular Meeting 7:00 PM - Council Chambers...2438 & 2446 Mary Hill Road be given...

COUNCIL AGENDARegular Meeting

Tuesday, June 13, 20177:00 PM - Council Chambers

2580 Shaughnessy Street

1. CALL TO ORDER

2. ADOPTION OF THE AGENDA

2.1 Adoption of the June 13, 2017 Regular Council Meeting AgendaRecommendation: That the Regular Council Meeting Agenda of June 13,2017 be adopted.

3. CONFIRMATION OF MINUTES

3.1 Minutes of May 23, 2017 Regular Council MeetingRecommendation: That the May 23, 2017 Regular Council Meeting Minutesbe adopted.

4. PROCLAMATIONS

4.1 Amateur Radio Week - June 18-25, 2017In attendance: Mr. Tyler Cristiano, EPCOM (Port Coquitlam EmergencyPreparedness Communications Group)

4.2 Legion Week - June 23-30, 2017In attendance: First Vice-President George Dixon, SecondVice-President Werner Froemgen, and Entertainment Chair HowardGrant

5. PRESENTATIONS

5.1 Certificate of Achievement for Ms. Melanie Law - Winner of the FraserValley Regional Library Annual Teen Imagine Contest

6. DELEGATIONS

6.1 C. Genzel, Chair, Canada Day Task Force, re: Canada Day

7. PUBLIC HEARINGS

7.1 Zoning Amendment Bylaw No. 4008 (Child Care Regulations)1

8. BYLAWS

8.1 Zoning Amendment Bylaw No. 4008 (Child Care) - Third ReadingRecommendation: That “Zoning Amendment Bylaw No. 4008" (Child Care)be given third reading.

8.2 Zoning Amendment Bylaw No. 4024 for 580 Nicola Avenue - First TwoReadingsRecommendation: That “Zoning Amendment Bylaw No. 4024" for 580Nicola Avenue be given first two readings.

8.3 Animal Control Bylaw No. 3990 - First Three ReadingsRecommendation: That “Animal Control Bylaw No. 3990” be given first threereadings.

8.4 Bylaw Notice Enforcement Amendment Bylaw No. 4019 (AnimalControl) - First Three ReadingsRecommendation: That “Bylaw Notice Enforcement Amendment Bylaw No.4019" (Animal Control) be given first three readings.

8.5 Ticket Information Utilization Amendment Bylaw No. 4020 (AnimalControl) - First Three ReadingsRecommendation: That “Ticket Information Utilization Amendment BylawNo. 4020" (Animal Control) be given first three readings.

8.6 Fees & Charges Amendment Bylaw No. 4021 (Animal Control) - FirstThree ReadingsRecommendation: That “Fees & Charges Amendment Bylaw No. 4021"(Animal Control) be given first three readings.

8.7 Fire and Emergency Services Amendment Bylaw No. 4025 - First ThreeReadingsRecommendation: That “Fire and Emergency Services Amendment BylawNo. 4025” be given first three readings.

8.8 Bylaw Notice Enforcement Amendment Bylaw No. 3993 (WaterwaysProtection) - Final ReadingRecommendation: That “Bylaw Notice Enforcement Amendment Bylaw No.3993" (Waterways Protection) be given final reading.

8.9 Municipal Ticket Information Bylaw No. 4006 (Waterways Protection) -Final ReadingRecommendation: That “Municipal Ticket Information Bylaw No. 4006"

2

(Waterways Protection) be given final reading.

8.10 Fees & Charges Amendment Bylaw No. 4007 (Summer Pool Pass) -Final ReadingRecommendation: That “Fees & Charges Amendment Bylaw No. 4007"(Summer Pool Pass) be given final reading.

9. STANDING COMMITTEE VERBAL UPDATES

9.1 Community Safety Committee

10. NEW BUSINESS

11. OPEN QUESTION PERIOD

12. ADJOURNMENT

12.1 Adjournment of June 13, 2017 Regular Council Meeting Recommendation: That the June 13, 2017 Regular Council Meeting beadjourned.

3

1

COUNCIL MEETING MINUTES Regular Meeting

Tuesday, May 23, 2017

In attendance: Acting Mayor L. Dupont, Councillor M. Forrest, Councillor D. Penner, Councillor G. Pollock, Councillor D. Washington, and Councillor B. West. Also in attendance: Director of Recreation L. Bowie, Assistant Corporate Officer C. Deakin, Manager of Bylaw Services P. Jones, Manager of Corporate Office G. Joseph, Chief Administrative Officer J. Leeburn, Director of Engineering and Public Works K. Meersman, Area Recreation Manager G. Mitzel, Manager Arts & Cultural Development C. Nimmo, Director of Development Services L.L. Richard, Director of Human Resources S. Traviss. 1. CALL TO ORDER

Acting Mayor L. Dupont called the meeting to order at 7:03 pm in the Council Chambers, Port Coquitlam City Hall, 2580 Shaughnessy Street, Port Coquitlam, BC.

2. ADOPTION OF THE AGENDA

Adoption of May 23, 2017 Regular Council Meeting Agenda 2.1It was moved and seconded that the May 23, 2017 Regular Council Meeting Agenda be adopted with the deletion of Items 5.1, 6.1, 9.1, and 9.5. Carried.

3. CONFIRMATION OF MINUTES

April 25, 2017 Council Meeting Minutes 3.1It was moved and seconded that the April 25, 2017 Regular Council Meeting Minutes be adopted with the following revision to Item 6.1: “Little Cube Montessori” to replace “Bright Start”. Carried.

May 8, 2017 Council Meeting Minutes 3.2It was moved and seconded that the May 8, 2017 Regular Council Meeting Minutes be adopted. Carried.

4

2

4. PROCLAMATIONS

Public Works Week - May 21 - 27, 2017 4.1Acting Mayor L. Dupont proclaimed May 21-27, 2017 as Public Works Week. K. Meersman spoke regarding the scope of services provided by Public Works and noted the upcoming Public Works Open House on Saturday, May 27, 2017.

5. DELEGATIONS

Ms. Sylvia Ceacero, CEO SHARE Community Services, re: Updated 5.1Strategic Plan This item was withdrawn from the agenda.

6. PUBLIC HEARINGS

Resumption of Public Hearing for Child Care Zoning Amendment 6.1This item was withdrawn from the agenda. (A new Public Hearing will be scheduled for June 13, 2017).

7. PUBLIC INPUT OPPORTUNITIES

Development Variance Permit for 2850 Shaughnessy Street (Sign 7.1Height) It was moved and seconded that Development Variance Permit No. DVP00035 for 2850 Shaughnessy Street be available for issuance.

Carried.

8. BYLAWS

Zoning Amendment Bylaw No. 4008 (Child Care) – Third Reading 8.1Councillor Forrest outlined the Smart Growth Committee’s recommendation in the Report to Council dated May 15, 2017. It was moved and seconded that second reading of Zoning Amendment Bylaw No. 4008 be rescinded. Carried.

It was moved and seconded that Zoning Amendment Bylaw No. 4008 be amended by deleting section 8.4(d) in its entirety:

8.4 (d) In the CC and NC zones, at least 6 m2 of outdoor play space per child must be provided on site, to a maximum of 100 m2.

Carried.

5

3

It was moved and seconded that Zoning Amendment Bylaw No. 4008 be given second reading as amended, and that staff be directed to schedule a new public hearing for June 13, 2017. Carried.

Bylaw Notice Enforcement Bylaw No. 3993 (Waterways Protection) - 8.2First Three Readings It was moved and seconded that Bylaw Notice Enforcement Bylaw No. 3993 (Waterways Protection) be given first three readings. Carried.

Ticket Information Utilization Bylaw No. 4006 (Waterways Protection) 8.3- First Three Readings It was moved and seconded that Ticket Information Utilization Bylaw No. 4006 (Waterways Protection) be given first three readings. Carried.

Fees and Charges Amendment Bylaw No. 4007 (Summer Outdoor 8.4Pool Pass) - First Three Readings It was moved and seconded that Fees and Charges Amendment Bylaw No. 4007 (Summer Outdoor Pool Pass) be given first three readings. Carried.

Zoning Amendment Bylaw No. 3957 for 2575/79 Larkin Avenue & 8.52574 Lincoln Avenue - Final Reading It was moved and seconded that Zoning Amendment Bylaw No. 3957 for 2575/79 Larkin Avenue and 2574 Lincoln Avenue be given final reading. Carried.

Zoning Amendment Bylaw No. 3959 for 1678 Manning Avenue - Final 8.6Reading It was moved and seconded that Zoning Amendment Bylaw No. 3959 for 1678 Manning Avenue be given final reading. Carried.

6

4

Zoning Amendment Bylaw No. 4002 for 575 Seaborne Avenue - Final 8.7Reading It was moved and seconded that Zoning Amendment Bylaw No. 4002 for 575 Seaborne Avenue be given final reading. Carried.

OCP Amendment Bylaw No. 4013 for 2438 & 2446 Mary Hill Road - 8.8Final Reading It was moved and seconded that OCP Amendment Bylaw No. 4013 for 2438 & 2446 Mary Hill Road be given final reading. Carried.

Zoning Amendment Bylaw No. 4014 for 2438 & 2446 Mary Hill Road - 8.9Final Reading It was moved and seconded that Zoning Amendment Bylaw No. 4014 for 2438 & 2446 Mary Hill Road be given final reading. Carried.

Zoning Amendment Bylaw No. 4016 (Commercial Zones) - Final 8.10Reading It was moved and seconded that Zoning Amendment Bylaw No. 4016 (Commercial Zones) be given final reading. Carried.

Parking and Development Management Amendment Bylaw No. 4022 8.11(Tandem Parking) - Final Reading It was moved and seconded that Parking and Development Management Amendment Bylaw No. 4022 (Tandem Parking) be given final reading. Carried.

Please see Items 9.2 through 9.4 for additional bylaw readings. 9. REPORTS

Development Variance Permit Issuance for 2170 Kelly Avenue and 9.12390 & 2420 Mary Hill Road This item was withdrawn from the agenda.

7

5

Rental Housing Agreement Bylaw No. 4009 - Final Reading 9.2It was moved and seconded that Rental Housing Agreement Bylaw No. 4009 be given final reading. Carried.

Seniors Housing Agreement Bylaw No. 4010 - Final Reading 9.3

It was moved and seconded that Seniors Housing Agreement Bylaw No. 4010 be given final reading. Carried.

Road Closure Bylaw No. 4018 for Mary Hill Road - Final Reading 9.4It was moved and seconded that Road Closure Bylaw No. 4018 for Mary Hill Road be given final reading. Carried.

Zoning Amendment Bylaw No. 4015 for 2170 Kelly Avenue and Mary 9.5Hill Road - Final Reading This item was withdrawn from the agenda.

Rezoning Application for 580 Nicola Avenue 9.6It was moved and seconded that:

1. the zoning of 580 Nicola Avenue be amended from A (Agriculture) to

M3 (Light Industrial), and that

2. prior to adoption of the amending bylaw, the following condition be met to the satisfaction of the Director of Development Services:

a. submission and registration of a legal agreement to implement specific building and landscape design requirements to provide for an appropriate treatment between the industrial use and non-industrial uses to the east of Fremont Connector and south of Sherling Avenue.

Carried.

Community Cultural Development Investment Grant Program - 9.7Spring Intake 2017 It was moved and seconded: That the requests from the following groups for a Project Category grant from the Community Cultural Development Investment Program, be approved:

8

6

Polonez Tri-City Polish Association - $3,500

Art Focus Artists’ Association - $2,500

Theatrix - $2,500

Hyde Creek Watershed Society - $500; and, That a request from the following artist for a Development Category grant of the Community Cultural Development Investment Program be approved:

Justine Fraser - $2,000. Carried.

10. STANDING COMMITTEE VERBAL UPDATES

Healthy Community Committee 10.1Acting Mayor L. Dupont provided an update.

11. NEW BUSINESS

World Oceans Day 11.1Acting Mayor L. Dupont gave an overview of ideas to support World Oceans Day, June 8, 2017.

BC Museum Week – May 14-21, 2017 11.2Acting Mayor L. Dupont provided background information of the Riverside High School Sculpted Self Portraits exhibit for the Port Coquitlam Heritage Society on display in the main floor lobby of City Hall until the end of June.

12. OPEN QUESTION PERIOD

Acting Mayor L. Dupont invited those wishing to ask a question of Council to approach the podium. Three speakers approached the podium: Mr. Bob Marshall of #10-788 Citadel Drive commended public works staff who maintain the Traboulay Poco Trail on their quality of work and interaction with the public. A resident (full name unknown) asked if Fraser Health regulations apply to Port Coquitlam playgrounds. He expressed concern over the more challenging landscape instead of easier surfaces for children to play around. Mr. Brad Nickason of 1322 Yarmouth Street commented on further development of culture in the city. He felt the amounts granted through the Community Cultural Development Investment Grant Program were low and inquired as to how the amounts compare to the funding the City allocates for sports. He also

9

7

proposed that Council give consideration to the prohibition of “convenience plastics” sales in the City.

13. ADJOURNMENT

Adjournment of the May 23, 2017 Regular Council Meeting 13.1It was moved and seconded that the May 23, 2017 Regular Council Meeting be adjourned at 8:25 pm. Carried.

Certified Correct,

_______________________ _______________________ Acting Mayor L. Dupont Assistant Corporate Officer

10

PROCLAMATION

G. B. Moore Mayor

WHEREAS: EPCom plans to hold a Field Day exercise at Castle Park on June

24 - 25, 2017. The Field Day exercise is intended to allow amateur radio operators to practice communication skills under primitive conditions; and

WHEREAS: To train residents of Port Coquitlam in emergency amateur

radio communications, and to facilitate obtaining amateur radio licenses by all members of EPCom; and

WHEREAS: To operate, maintain, and make available communication

networks and repeaters to members of the EPCom group for training purposes and so they may assist designated official agencies of Port Coquitlam in communications when requested.

NOW THEREFORE: I, Greg B. Moore, Mayor of the Corporation of the City of Port Coquitlam,

DO HEREBY PROCLAIM

JUNE 18th TO JUNE 25th, 2017, AS

“AMATEUR RADIO WEEK”

11

PROCLAMATION

Greg B. Moore

Mayor

WHEREAS: The Royal Canadian Legion is Canada’s primary non-governmental organization

providing services and assistance to Canada’s war veterans as well as to serving

Canadian Forces personnel; and

WHEREAS: The Royal Canadian Legion is Canada’s primary non-governmental organization

ensuring that the memory of and sacrifices made by Canada’s military in the

service of this nation and the peace and stability of the world shall never be

forgotten; and

WHEREAS: The Royal Canadian Legion represents tens of thousands of veterans and their

families in the Province of British Columbia; and

WHEREAS: The Royal Canadian Legion, comprised of 149 branches and approximately

55,000 members throughout British Columbia and the Yukon, raises several

millions of dollars a year through many non-profit fund-raising activities at the

community and branch level; and

WHEREAS: The Royal Canadian Legion Branch #133 celebrates 83 years of service in 2017

and supports many community programs and activities benefiting veterans,

seniors and youth within the City of Port Coquitlam; and

WHEREAS: The Royal Canadian Legion Branch #133 welcomes all members of our

community, including Children and Youth, to join with their families during

Legion Week and throughout the year, during meal service;

NOW THEREFORE: I, Greg B. Moore, Mayor of the Corporation of the City of Port Coquitlam,

DO HEREBY PROCLAIM

June 23 – June 30, 2017 as

“Legion Week”

12

Report to Council

DATE:

May 15, 2017

TO:

Mayor and Council

FROM:

Smart Growth Committee

SUBJECT:

FURTHER REVIEW OF CHILD CARE REGULATIONS (Smart Growth Committee Meeting – May 11, 2017)

EXECUTIVE SUMMARY At the Public Hearing held to consider a variety of changes to the City’s child care regulations, several business operators and an early childhood educator expressed concern that the new outdoor space requirement for child care facilities located in commercial areas would restrict their siting options. Council suspended the Public Hearing to May 23rd and asked the Smart Growth Committee (SGC) to consider the issue. At the SGC meeting held on May 11th, the Committee considered a staff proposal to include an exemption clause in the bylaw for facilities located in close proximity to outdoor play areas. It also received further comment from two representatives of a child care facility located in a commercial centre. Following discussion, SGC determined it does not wish to amend the Zoning Bylaw to impose a regulation requiring outdoor space for child facilities in commercial areas. RECOMMENDATION That Zoning Amendment Bylaw, 2017, No. 4008, be amended to remove s.8.4(d); 1. SUMMARY At its meeting, SGC considered the attached report responding to concerns raised at the Public Hearing and, in particular, the following section included in the amendment:

s.8.4(d) In the CC and NC zones, at least 6 m2 of outdoor play space per child must be provided on site, to a maximum of 100 m2

Staff suggested that child care facilities could be exempt from this requirement if the facility was close to an outdoor spaces and proposed the following new section:

s.8.4(e) Notwithstanding Section 8.4(d), in the CC zone the outdoor play space requirement may be met on a P1, P2 or P3-zoned property which is located within 100 metres of the child care facility and is not separated by a collector or arterial road.

13

May 15, 2017 Further review of Zoning Bylaw Amendments for Child Care Facilities Page 2

In discussion, the Chair invited input from two representatives of a daycare operation who attended the meeting. The representatives referenced the role of Fraser Health in approving child care facilities and offered their opinion that the City should not duplicate its approval process as it was seen to provide adequate oversight in ensuring child care facilities meet appropriate standards, including access to outdoor play spaces. Staff described the input they received from Fraser Health and advice that the City’s regulation was seen to strengthen implementation of Fraser Health’s guidelines. The daycare operators also reiterated the concerns raised at the Public Hearing, including the challenge of providing for on-site outdoor space in commercial areas and the limited options currently available for child care spaces in traditional sites such as schools and churches.

Following discussion, SGC resolved that it did not wish to impose a regulation requiring outdoor space for child facilities located in commercial areas. Staff clarified the intent of the Committee is to proceed with consideration of the amendment bylaw (as changed to delete the outdoor space regulation) to meet business needs of current and prospective daycare operators.

The Committee also heard from the operators that there will be a significant loss in child care spaces due to the elimination of spaces at schools in the City of Coquitlam as well as unmet needs in the community. SGC determined it wishes to see what steps the City can take to enable development of additional child care facilities and adopted the following additional resolution:

That Staff be requested to bring forward a work program item to provide for ways to enhance and assist the development of child care facilities in the City.

SGC notes that the United Way is currently undertaking a child care needs assessement and anticipates that this work program item could be scheduled after the United Way study is completed. OPTIONS Council may: 1. Determine it wishes to amend Zoning Bylaw Amendment Bylaw 4008 to delete Section

8.4(d), and then proceed to give 3rd Reading to the bylaw as amended; 2. Determine that it does not wish to amend the Zoning Bylaw Amendment Bylaw 4008, and

then proceed to consider giving 3rd Reading to the Bylaw; 3. Determine that it does not wish to proceed with giving 3rd Reading to Zoning Bylaw

Amendment Bylaw 4008. If this option is selected, it would be further recommended that Council provide direction to SGC as to how it wishes to address the issues associated with child care regulations, and could include direction that a focused consultation process be undertaken with child care facility operators, early childhood education stakeholders and parents with children in care.

Submitted by Laura Lee Richard, MCIP, Director of Development Services, with the concurrence of the Chair. Attachment: Report to SGC dated May 4, 2017

14

Report to Committee

DATE:

May 4, 2017

TO:

Smart Growth Committee (SGC)

FROM:

Laura Lee Richard, Director of Development Services

SUBJECT:

Child Care Policies & Regulations

EXECUTIVE SUMMARY

At the Public Hearing held in consideration of proposed amendments to child care

regulations, several speakers described the challenges they experienced in trying to find

suitable sites for child care facilities and expressed concern that adding a requirement for

outdoor play space for larger child care facilities located within commercial zones would

further limit their siting options. Council determined that it would hold open the Public

Hearing and requested Smart Growth Committee consider the concerns raised by the

speakers.

Staff continue to recommend that outdoor play space be a requirement for larger daycares

in its commercial areas to ensure that children in care have an opportunity to play outside.

However, we also acknowledge that some commercial sites may be located next to parks,

schools or churches with outdoor play areas. These sites would not have the same

requirement for an on-site play area as compared to a facility where children would need

to cross busy roads or travel some distance in order to be able to play outside. To

recognize these potential situations, a change to the Zoning Bylaw amendment is

proposed to exempt a child care facility in a commercial zone from the on-site outdoor

play space requirement if the site is adjacent to a park, school, place of worship or other

institutional use with an outdoor play area.

RECOMMENDATION

SGC recommends to Council that Zoning Amendment Bylaw, 2017, No. 4008, be

amended to exempt child care facilities located in commercial zones from the on-site

outdoor play space requirement if the site is adjacent to an institutional zone.

15

May 4, 2017


Page 2

1. BACKGROUND

At the public hearing held on April 25th

, 2017 several members of the public provided

input to Council, including a concern with the proposed bylaw amendment to require on-

site outdoor play space for facilities in commercial zones. The speakers indicated that this

requirement would exacerbate a situation of too few sites being available to meet the

community’s child care needs, especially since the School District recently announced it

would not be renewing space used for child care purposes at a number of school sites in

the City of Coquitlam. Council resolved to suspend the public hearing until May 23rd

to

provide for review of the concerns and requested that they be addressed by the Smart

Growth Committee for report back to Council at a reconvened Public Hearing.

COMMENTS & ANALYSIS

(1) Change in Child Care Availability: Concern was expressed about the availability of

child care spaces in the City and a loss of spaces. The data included in the previous

report to Council was taken from a May 2016 Fraser Health publication and at that

time, there were 98 licensed child care facilities in Port Coquitlam with a total

capacity of 2002 spaces. As of February 2017, we still had 98 licensed facilities but

their capacity had slightly declined to 1960 spaces, probably due to a temporary

closure of a church facility and a change in operator at an elementary school, with the

decline associated with these facilities being offset by the opening of two new

facilities. The School District advises that none of the child care facility leases being

terminated are within the City of Port Coquitlam. Staff regularly monitor child care

availability in the City and note that a number of operators continue to advise that

they have capacity for additional children.

(2) Outdoor Play Space: Concern was expressed that the requirement for an outdoor

play space in a commercial area would eliminate some siting options for child care

facilities, increase costs to operators, and that it was not necessary to be required by

the City due to Fraser Health licencing requirements.

The proposed requirement for an on-site outdoor play area in commercial zones is

intended to ensure child care operators offer convenient and regular outdoor play

opportunities to meet the children’s needs in keeping with established best practices.

Children accommodated in facilities within residential zones have access to the

backyards and are often close to neighbourhood parks and schools whereas children

accommodated in commercial zones can be isolated from access to the outdoors. A

recent study (7 Cs: An Informational Guide to Young Children’s Outdoor Play

Spaces, by the Consortium for Health, Intervention, Learning and Development)

found that centres with direct physical and visual connection to their outdoor play

space from inside used the outdoors more frequently than those centres that lacked

this connection. Furthermore, staff at Fraser Health advise that they support the bylaw

amendment as it is seen to be more effective in ensuring directly accessible outdoor

space than its guidelines and licencing procedures. For these reasons, staff do not

recommend that the proposed requirement be removed from the amending bylaw.

16

May 4, 2017


Page 3

Some commercial sites are located next to a park, school, place of worship or other

institutional use where there is outdoor play opportunities. This was acknowledged in

the site-specific zoning for the mixed-use high rise development at Shaughnessy

Street and Lions Way, as child care facilities were included as a permitted use due to

the site’s proximity to Lions Park. To recognize this circumstance and increase

potentially suitable sites for daycares in the City, a minor amendment to the bylaw

currently before Council is proposed that would allow for child care facilities in

commercial zones to be exempt from the outdoor space requirement if the child care

premises is located in a building next to a site with an institutional zoning.

(3) Policy Update: The Official Community Plan currently includes policies in support

of child care facilities. In updating this plan, further consideration can be given not

only to setting guidelines for appropriate locations to be considered in a zoning bylaw

amendment but also to criteria to guide applications for variances to regulations

pertaining to child care facilities, including the outdoor space requirement.

4. OPTIONS

SGC may:

1. Recommend to Council that Zoning Amendment Bylaw No. 4008 be amended to

provide for an exemption to the outdoor play area requirement for sites next to an

institutional use (recommended);

2. Advise Council that it does not recommend any change to Zoning Amendment Bylaw

No. 4008 (maintaining its previous recommendation that the Amendment Bylaw be

approved); or

3. Advise Council that it does not recommend proceeding with Zoning Amendment

Bylaw No. 4008.

Laura Lee Richard

Director of Development Services

17

ZONING AMENDMENT BYLAW NO. 4008

A Bylaw to amend zoning regulations related to child care facilities ______________________________________________________________________________

The Council of the Corporation of the City of Port Coquitlam enacts as follows: Citation 1. This Bylaw may be cited for all purposes as “Zoning Bylaw, 2008, No. 3630, Amendment

Bylaw, 2017, No. 4008”. Administration 2. That Section II - Zones and Zone Regulations, be amended:

1) In Part 3, Commercial Zones, Table 3.3: Commercial Zones Permitted Uses, by

A) adding child care facilities as a use permitted in the NC zone, and

B) adding a new Note 25 to apply to general retail sales and commercial indoor recreation uses in the HC and LFC zones as follows:

“Note 25. An accessory child minding use within the business premises for the patrons of the business is permitted.”

2) In Part 6, Comprehensive Development Zones A) in Section 6.12 CD12 Comprehensive Development Zone 12 (1615

Shaughnessy Street), Subsection 6.12.2 Permitted Uses, by adding the following phrase after “child care facilities”: ”subject to the regulations in Section III, Supplementary Regulations, Part 8 Child Care Facilities applicable to the RS2 zone.”

B) in Section 6.13 CD13 Comprehensive Development Zone 13 (Lot 1, 2568 and 2570 Kingsway Avenue; Lot 2, 2678 Dixon Street), Table 6.13.2 CD 13 Permitted Uses by adding the following new Note 2 to apply to child care facilities in Lot 1 and the following new Note 3 to apply to child care facilities in Lot 2:

“Note 2. Child care facilities are subject to the regulations in Section III, Supplementary Regulations, Part 8 Child Care Facilities applicable to the RA zone.”

Note 3. Child care facilities are subject to the regulations in Section III, Supplementary Regulations, Part 8 Child Care Facilities as follows: in commercial premises, subject to the regulations applicable to the CC zone; in an apartment unit, subject to the regulations applicable to the RA zone.”

4008

1

18

C) in Section 6.14 CD14 Comprehensive Development Zone 14 (1502 Columbia Avenue), Subsection 6.14.2 Permitted Uses by adding the following:

“Child care facilities, subject to the regulations in Section III, Supplementary Regulations, Part 8 Child Care Facilities applicable to the NC zone.”

D) In Section 6.19 CD19 Comprehensive Development Zone 19 (2267 Kelly Ave.; 2266 Atkins Ave.), Subsection 6.19.2 Permitted Uses, by adding the following phrase after “child care facilities”: “subject to the regulations in Section III, Supplementary Regulations, Part 8 Child Care Facilities.”

3. That Section III - Supplementary Regulations, 8. Child Care Facilities, be amended by:

1) Replacing subsection 8.1.c. with the following:

“c. The business licence holder must reside in the building in which the use is conducted, and the residential use must be the principal use;”

2) Amending subsection 8.2.b. by replacing the phrase, “located on”, with the phrase, “located with vehicle access provided from”.

3) In subsection 8.3, by inserting “NC” after “RA”;

4) Replacing subsection 8.4 with the following:

“8.4 If a child care facility in an RTh, RA, NC, or CC zone accommodates 10 or more persons including children in care and staff at any time, it must comply with the following regulations:

a) A maximum of 25 children may be cared for at one time in a facility;

b) The facility must be located within a portion of a building that is not used for residential purposes;

c) The facility must comply with the requirements of the B.C. Building Code for assembly uses;

d) In the CC zone, no more than one child care facility in commercial premises may be located within a building.”

Read a first time by the Municipal Council this 11th day of April, 2017. Read a second time by the Municipal Council this 11th day of April, 2017. Public Hearing held this 25th day of April, 2017 Public Hearing continued this 23rd day of May, 2017. Second reading rescinded this 23rd day of May, 2017. Read a second time, as amended, by the Municipal Council this 23rd day of May, 2017. Second Public Hearing held this 13th day of June, 2017 ________________________ _____________________ Mayor Corporate Officer

4008 2

19

Report to Council

DATE:

March 20, 2017

TO:

Mayor and Council

FROM:


SUBJECT:

CHILD CARE POLICIES & REGULATIONS (Smart Growth Committee Meeting – March 16, 2017)

EXECUTIVE SUMMARY : The Smart Growth Committee (SGC) has reviewed the City’s policies and regulations pertaining to child care facilities to respond to a variety of issues related to changing provincial practices and an increased number of child care facilities being located in commercial areas. Recognizing a livable community is one that provides convenient and healthy environments for children, SGC recommends amendment of the Zoning Bylaw regulations at this time to address these issues and better meet the needs of the community. RECOMMENDATION That the Zoning Bylaw be amended as follows:

a) to require provision of on-site outdoor play space for a child care facility in a commercial zone where care is provided to more than 8 children;

b) to allow child care facilities providing care for up to 25 children as a permitted use in the Neighbourhood Commercial zone;

c) to limit child care facilities in the Community Commercial zone to one facility per building;

d) to permit child minding as an accessory use to commercial indoor recreation and general retail uses in the Highway Commercial and Large Format Commercial zones;

e) to clarify that the limit to child care facilities accessed from a cul-de-sac or dead-end street is up to 8 children in care; and

f) to clarify that an accessory child care facility in a residential zone must be operated by a resident of the dwelling in which the facility is located.

1. SUMMARY

At its meeting held March 16th, 2017, SGC considered the attached staff report and determined it wished to proceed with the proposed zoning amendments to adjust child care facility regulations.

In our discussion, we gave specific consideration to the proposal to limit the number of child care facilities in a commercial area to one facility per building (up to 25 children). This proposal responds to the potential circumstance of a large child care facility being established through multiple leases of adjoining commercial units in a multi-tenant building and ensures that any

30

March 20, 2017 Child Care Policies & Regulations Page 2

proposal would be evaluated through the rezoning process to ensure an appropriate location that addresses traffic and other impacts. The Committee also confirmed the proposed amendments would complement regulations applied by Fraser Health.

Child care policies were also discussed at the meeting. The Committee has determined that the proposals for additional policies to guide location decisions will be considered as part of the forthcoming update to the Official Community Plan. 2. OPTIONS Council may: 1. Proceed with consideration of the Zoning Bylaw amendments as proposed (recommended) 2. Request that SGC consider alternatives to the proposed amendments to child care

regulations or undertake a focused public consultation process to evaluate the proposed changes prior to moving forward with bylaw amendments; or

3. Determine that it does not wish to amend the Zoning Bylaw regulations for child care facilities prior to completion of the OCP update.

Submitted by Laura Lee Richard, MCIP, Director of Development Services, with the concurrence of the Chair. Attachment: Report to SGC dated March 10, 2017

31

Report to Committee

DATE:

March 10, 2017

TO:


FROM:


SUBJECT:


EXECUTIVE SUMMARY

A livable community is one that includes child care facilities providing convenient and

healthy environments. The City’s policies and regulations promote this ideal, but a

number of issues were identified with respect to changing provincial practices, demands

for expanded location options, and issues with respect to the application of existing

regulations. One of the more significant issues dealt with recently by Council related to a

large child care facility that was proposed for a commercial location and, through that

process, a need to set out location criteria for potential day care operators was identified.

This report provides data on the City’s existing child care facilities, a summary of

regulations applicable to these facilities and an outline of our policies that are relevant to

new facilities. For the most part, it concludes our current policies and regulations are

appropriate with the exception that we need to better regulate child care facilities located

in a commercial setting. The report also identifies an opportunity to expand permitted

locations for child care facilities by allowing for this use in the Neighbourhood

Commercial zone.

RECOMMENDATION

SGC recommends to Council:

1. That the Zoning Bylaw be amended as follows:

a. to require provision of on-site outdoor play space for a child care facility

in a commercial zone where care is provided to more than 8 children;

b. to allow child care facilities providing care for up to 25 children as a

permitted use in the Neighbourhood Commercial zone;

c. to limit child care facilities in the Community Commercial zone to one

facility per building; and

32

March 10, 2017


Page 2

d. to permit child minding as an accessory use to commercial indoor

recreation and general retail uses in the Highway Commercial and Large

Format Commercial zones.

2. That the Zoning Bylaw be further amended to clarify the following:

a. child care facilities accessed from a cul-de-sac or dead-end street are

limited to having up to 8 children in care; and

b. an accessory child care facility in a residential zone must be operated by a

resident of the dwelling in which the facility is located.

3. That the update to the Official Community Plan include a locational policy for

child care facilities to encourage the siting of larger facilities in mixed-use and

neighbourhood-serving commercial areas as well as institutional properties and to

discourage child care facilities in highway-oriented and industrial locations,.

1. INTRODUCTION

A review of child care policies has been undertaken as part of the Planning Division work

leading to the update of the Official Community Plan. In addition, the review has

considered our current child care regulations with an eye to addressing a number of

regulatory issues which have been identified by facility operators and businesses at the

time of business licence application. The overall intent of the review was to determine if

our regulations continue to support the City’s objective that there be a sufficient number

of child care spaces with appropriate siting and adequate amenities to meet the

community’s needs.

Child care facilities, operation and management are subject to the provincial Child Care

Licensing Regulation and Standards of Practice of the Community Care and Assisted

Living Act. This Regulation defines different kinds of child care, sets regulations for the

facilities including minimum building requirements, outdoor play areas, and the ratio of

staff to children. Fraser Health manages licenses, inspections and responses to complaints

about child care facilities in Port Coquitlam.

The degree to which available spaces meet the affordability, quality and accessibility

needs of parents and children (e.g. evening and week-end care) is unknown and not

within the scope of this study. Although we recognize that child care costs are a

significant issue to many parents, the study does not delve into cost considerations but

focuses on those matters within the authority of a local government. The United Way of

the Lower Mainland is currently undertaking a child care needs assessment for the Tri-

Cities and the results of this study will be reviewed to determine if there are any actions

that the City can take to address needs that may be identified through this assessment.

2. CHILD CARE FACILITIES IN PORT COQUITLAM

2.1. Number of Facilities and Spaces

There are 98 licensed child care facilities in Port Coquitlam, with a capacity of 2002 child

care spaces (per Fraser Health licensing information May 2016). There are approximately 33

March 10, 2017


Page 3

8,400 children aged 12 and under in Port Coquitlam (Metro Vancouver 2015 estimate),

resulting in 23.8 spaces per 100 children ages 12 and under. This compares with a

regional number of 18.5 spaces and provincial number of 18.0 spaces per 100 children.

Almost half of the child care spaces in Port Coquitlam are for toddlers from 30 months to

school age. Less than 10% are group child care spaces for infants.

Facilities Capacity

Capacity Including

Multi-Service

Program Spaces*

Group Child care (under 36 months) 3 28 210

Group Child Care (30 months to school

age), Preschool (30 month to school age) 7 134 976

Group Child Care (School Age) and Out Of

School Care 8 128 618

Multi-Age Child Care and In-Home Multi-

Age Child Care 21 173 203

Family Child Care 31 215 222

Multi-Service Program* 28 1324 -

Total 98 2002 *

* Multi-service facilities include a combination of programs. The sum of program

licences can exceed the listed capacity at any one time, allowing for flexibility in

delivery of child care services depending on demand.

64% of the child care facilities in the City are established as accessory uses in houses and

duplexes, and most of these offer care to 8 or fewer children. 11 facilities are licenced to

care for more than 8 children (less than 25). Larger child care facilities are typically

located on school sites, church properties, or in single purpose institutional buildings as

shown in the chart below.

Figure 1: Licensed Child Care Spaces by Property Type:

Townhouse,

89

Commercial

& mixed-

use, 320

House or

duplex, 620

Institutional,

973

34

March 10, 2017


Page 4

2.2. Facility Locations

a. Institutional areas: Child care facilities are permitted on school sites, within church

facilities and on properties that have been rezoned to institutional for purpose-built

child care facilities and about half of all licenced spaces in the City are located in

these areas. Institutional locations offer the following advantages:

Facilities on or near school sites are convenient for parents with a child attending

school

Before and after school care on school sites avoids need to transport children

between facilities

Ample access to outdoor play space

School sites and church properties often have space to locate a stand-alone

buildings

Institutional buildings are designed to support assembly uses

Purpose-built facilities can be designed to provide appropriate outdoor play

spaces, parking and pick-up / drop-off areas.

For the most part, few issues arise with child care facilities located in institutional

areas if the site has sufficient access and parking. The City often works with daycare

providers to ensure that the proposed use of portable buildings for child care purposes

will comply with BC Building Code requirements.

b. Single-family Neighbourhoods: The Zoning Bylaw permits child care facilities

accessory to a residential use in the City’s neighbourhoods and allows for up to 8

children in care in all zones and up to 25 children in care in the RS1 and RS3 zones.

The larger daycare operations typically require substantial building alterations to

comply with the BC Building Code, limiting their feasibility in many homes.

Neighbourhood daycares offer the following advantages:

Proximity to local roads with low traffic volumes which allow for safer walking

to nearby parks

On-site play space in the backyard (required to be at the rear)

Children are in the same neighbourhood as their home.

Issues that have been identified with facilities in neighbourhoods include:

Some are located on busy arterials with limited access for pick-up and drop-off

Larger child care facilities can have a greater neighbourhood impact in terms of

traffic and noise impacts.

The Zoning Bylaw prevents the clustering of day cares with more than 8 children to

sites that are at least 200m apart to mitigate the potential traffic and noise impacts.

Staff will also informally work with day care providers to address traffic or other

impacts if we receive complaints regarding these facilities.

c. Sites in Community Commercial Zones: The Community Commercial (CC) zone

permits child care facilities with up to 25 children. The advantage of this bylaw

35

March 10, 2017


Page 5

provision is that a facility may be sited in a location that is convenient to a parent’s

place of work as well as services and amenities.

Challenges associated with child care facilities located in commercial areas include:

Lack of on-site or easily accessible outdoor play space

Noise and air quality due to proximity to high traffic volumes

Impacts related to pick-up and drop-off, particularly if a commercial complex

includes more than one child care facility

In the past, few child care facilities would locate in commercial areas due to the

higher rents in these areas and community expectations for children to be in

neighbourhood settings. However, with increasing demand for child care and

changing economics, more facilities are being located in commercial buildings.

Only one of the eight child care facilities in the City’s commercial retail areas

provides for on-site outdoor play space and it was required to include this space as a

condition of rezoning.

d. Neighbourhood Commercial Zone: This zone, which typically accommodates a

corner store, does not allow for child care facilities. However, several enquiries have

been received about permitting this use in the zone. The OCP policy for sites zoned

neighbourhood commercial is that the land uses are to serve the immediate

neighbourhood. As these sites are generally dispersed throughout the community and

are within residential areas, they are considered to be well-suited for child care uses.

e. Highway-oriented and Industrial Areas: Child care facilities are not permitted in

the highway commercial, large format commercial or any industrial zones. The use is

generally not seen to be appropriate in these areas for reasons including

Air quality concerns

There can be significant noise from traffic or industrial uses

Lack of proximity to parks and safe walking routes for children.

However, on a site specific basis, locating a child care facility may be appropriate if

part of a comprehensive mixed use redevelopment, especially if the facility is

designed to serve residents or employees.

f. Agricultural Areas: Accessory child care facilities that provide for care of up to 8

children are permitted in the Agriculture zone in accordance with the regulations of

the Agricultural Land Commission. The City does not have any licenced facilities in

its agricultural areas, possibly due to the greater distance between farm homes and

employment centres or residential populations.

4. .PROPOSED ZONING BYLAW AMENDMENTS

4.1. Require Outdoor Play Space: Opportunities for outdoor play are critically

important to early childhood development. While ideally the outdoor play space will

adjoin a child care facility, Fraser Health will approve a licence for a childcare

facility if the operator has a plan in place for the children to access a nearby park. 36

March 10, 2017


Page 6

For example, children attending the child care facility located in the Shaughnessy

Tower use Lions Park. To address the concern that day care facilities in commercial

areas may not be required to provide outdoor space, and to avoid potential impacts

if a number of child care facilities rely on a public park, it is recommended that the

Zoning Bylaw be amended to require a minimum amount of outdoor space. If such

an amendment is adopted and there are reasons why an operator may prove not be

able provide the outdoor space, then Council would need to approve a variance to

the regulation.

The proposed amendment is to require that a child care facility located in a

commercial area provide a minimum amount of outdoor play space based on the

Child Care Licensing Regulation of 6m2 of per child but, recognizing the challenges

of finding a large outdoor space for a larger facility in a commercial area, limit the

total amount to be required to 100m2

(i.e., the amount required for 16 children

although the facility could offer care to 25 children).

4.2. Allow a child care facility use in the Neighbourhood Commercial Zone: The

proposed maximum number of children to be permitted is 25, which is the same as

that allowed in the larger residential and the community commercial zones. If a

facility is licenced to provide care for more than 8 children, then the bylaw

amendments would also require provision of on-site outdoor play space.

4.3. Limit the number of child care facilities in commercial buildings: A child care

operator may lease a commercial unit to provide for care for up to 25 children with

minimal impact but there could be substantial impacts if also permitted to lease

adjoining units. As this outcome would not fit the intent of our policies and

regulations for commercial areas, a bylaw amendment is proposed to limit the

number of permitted child care facilities within a building to one licenced business.

4.4. Allow accessory child minding: Operators of commercial indoor recreation uses,

such as gyms, often wish to provide on-site child minding for their clients, but this

use is not permitted if the business is located in a highway commercial or large

format commercial zone although it is permitted if the business is located in an

industrial zone. Accessory child minding is a convenient service for clients, does not

cause impacts such as parking, and is time-limited. In addition to indoor recreation

uses, some large retail stores in other communities are offering child minding as a

service to their customers. While we haven’t had any requests for this use, it would

be supported under the same rationale as that for commercial indoor recreation uses.

Therefore, it is proposed that the Zoning Bylaw be amended to allow for child

minding when accessory to a commercial indoor recreation and a general retail use

in the HC and LFC zones.

4.5. Clarify regulations applicable to cul-de-sacs and dead-end streets: The Zoning

Bylaw limits the permitted size of a child care facility in a residential area located

on a cul-de-sac or a dead-end street to no more than 8 children in care. A recent

business licence application brought to light an interpretation issue related to how

this restriction applies to corner properties. A housekeeping amendment is proposed

37

March 10, 2017


Page 7

to clarify that the restriction applies to a corner property if access to that property is

from the cul-de-sac or dead-end street.

4.6. Require a child care facility in a residence to have a live-in operator: Recently,

there have been enquiries from prospective child care operators who are interested

in renting a suite or home to operate a child care facility, but not live in the

premises. The BC Building Code requires child care facilities in dwellings to be

operated by a resident of the dwelling to meet safety regulations. As this

requirement is not clear to prospective operators and homeowners, a housekeeping

amendment is proposed to confirm that a child care facility in a dwelling must be

operated by a resident of the dwelling.

5. PROPOSED OCP POLICY

The update to the OCP offers a convenient opportunity to include locational policies

that will provide improved guidance on appropriate sites for larger child care

facilities. The following policy directions are proposed to be included in the

upcoming discussion of change to the plan:

Encourage the siting of larger child care facilities and regulate these facilities

through site-specific rezoning processes if the following conditions can be met:

o parking and on-site traffic circulation is adequate for pick-up and drop-

off activities;

o an on-site outdoor play space is provided that is separate from high

traffic and has access to sunlight;

o the siting and design of the facility, including its outdoor area, is in

keeping with the primary land use objectives for the site (e.g., it does not

impact the visibility or accessibility of commercial businesses); and,

o if the proposed facility is proposed as part of a comprehensive

redevelopment, that it will be designed to support the future residents or

employees.

Consider accessory child care facilities in industrial areas on a site-specific basis

where the facility will meet the needs of a business with high employment and

comply with conditions similar to those proposed for commercial sites.

6. CONSULTATION

This review was informed by conversations with staff from Fraser Health, the United

Way of the Lower Mainland, the YMCA, the Ministry of Children and Family

Development. Should Committee and Council provide further consideration of the

proposed Zoning Bylaw amendments, a public hearing would be held. The proposed OCP

policy would be considered through the updated OCP that will be brought forward for

Council and community consideration later this year.

38

March 10, 2017


Page 8

7. OPTIONS

SGC may:

1. Recommend that the proposed Zoning Bylaw amendments proceed to Council for

consideration and the draft OCP policy be included in discussions of the updated

OCP (recommended);

2. Recommend that staff undertake a focused public consultation process to evaluate

proposed changes to child care regulations prior to further consideration of the

proposed bylaw amendments;

3. Determine that it does not wish to amend the Zoning Bylaw regulations for child care

facilities prior to the completion of the OCP update.

Laura Lee Richard


Attachment 1: Current Policies and Regulations

39

Attachment 1: Current Policies and Regulations

Official Community Plan

The Community Facilities and Services section of the Plan encourages providing a

sufficient number of child care facilities throughout the community and contemplates

these facilities to be located in residential areas when appropriate and in areas close to

educational and business facilities, but not commercial areas. Polices in the Social Issues

section also commit to partnering and liaising with other government agencies and

community groups to ensure social services and facilities such as daycares are provided

and keep pace with development and population growth.

Zoning Bylaw

The Zoning Bylaw permits child care facilities in the Community Commercial (CC),

Civic Institutional (P1) and Institutional (P2) zones. Accessory child care facilities are

permitted in all residential zones as well as the Commercial Recreation (RC) and

Agriculture (A) zones. Child care facilities and accessory child care facilities are

permitted in various CD zones as well. Child minding is permitted in the General

Industrial (M1) and Light Industrial (M3) zones when accessory to commercial indoor

recreation uses. The following regulations apply in different zones:

Zone

Max’m Number

of Children Other Regulations

P1 Unlimited -

P2 Unlimited -

RS2, RS4, RD, A Up to 8 children The building in which the use is conducted

must be occupied by a residential use

Any outdoor recreation space provided

must be located to the rear of the dwelling

and enclosed by a fence

RS1, RS3 Up to 8 children

More than 8

children and 2

staff and up to 25

children at any

one time

Must be located at least 200 m (656.2 ft)

from any other such facility fronting on the

same side of the same street

May not be located on a cul-de-sac or dead-

end street

Must comply with the requirements of the

BC Building Code for assembly uses

In dwelling units

in the RTh, RRh,

RA, and CC zones

Up to 5 children

in a dwelling unit The dwelling unit must also be occupied by

a residential use


must be enclosed by a fence

Must have access to the exterior of the

building through areas directly controlled

by the operator, and such access may not

involve the use of a building common

corridor or elevator

40

March 10, 2017


Page 2

Not in a dwelling

unit in the RTh,

RA, and CC zones

Up to 25 children

at any one time Must comply with the requirements of the

BC Building Code for assembly uses

Must have access to the exterior of the






must be enclosed by a fence

CD (where listed

as a permitted use)

Up to 5 in a

dwelling unit Must have access to the exterior of the





Facility must be intended to but not

restricted solely to serve residents of the

principal building or persons residing in

adjacent apartments or apartment residential

zones

Child care facilities are not permitted in buildings containing secondary suites or

accessory home businesses. In addition, when accessory to a residential use, a child care

facility must occupy less than 50% of the floor area of the house.

Parking and Development Management Bylaw

The Parking and Development Management Bylaw requires that there be at least one on-

site parking space per 10 children in care at a child care facility. The bylaw requires that

this regulation be applied when there is a change in use in a building, or when a new

facility is developed.

41

REPORT TO COUNCIL

DATE:

June 13, 2017

TO:

Mayor and Councillors

FROM:

Carolyn Deakin, CMC

Assistant Corporate Officer

SUBJECT:

BYLAW CONSIDERED EARLIER AT PUBLIC HEARING

The following Bylaw was considered at the Public Hearing held earlier this evening, and is now available for third reading:

1) Zoning Amemdment Bylaw No. 4008 (Child Care) Council policy requires that the Corporate Office bring the availability of this Bylaw for third reading to the attention of the Council at this time. Council may now decide whether it wishes to give third reading immediately or delay it until the next meeting, so that any representations made at the Hearing can be further considered.

C. Deakin ________________________________ Carolyn Deakin, CMC Assistant Corporate Officer /se

42

ZONING AMENDMENT BYLAW NO. 4024

A Bylaw to amend "Zoning Bylaw, 2008, No. 3630" ____________________________________________________________________________________________

The Council of the Corporation of the City of Port Coquitlam enacts as follows:

Citation

1. This Bylaw may be cited for all purposes as "Zoning Bylaw, 2008, No. 3630, Amendment Bylaw, 2017, No. 4024".

Administration

2. The Zoning Map of the "Zoning Bylaw, 2008, No. 3630" be amended to reflect the following rezoning:

Civic: 580 Nicola Avenue Legal: Lot 6, Block 6 North, Section 9, Range 1 East, New Westminster District, Plan

BCP49718 From: A (Agriculture) To: M3 (Light Industrial);

as shown on Schedule 1 attached to and forming part of this Bylaw.

Read a first time by the Municipal Council this 13th day of June, 2017. Read a second time by the Municipal Council this 13th day of June, 2017. Public Hearing held this 27th day of June, 2017.

___________________ _______________________ Mayor Assistant Corporate Officer

4024 1

43

BYLAW 4024

Schedule 1

4024 2

44

Report to Council

DATE:

May 15, 2017

TO:

Mayor and Council

FROM:


SUBJECT:

580 Nicola Avenue - Rezoning Application RZ000132 (Smart Growth Committee May 11, 2017)

EXECUTIVE SUMMARY On May 8th, Council introduced a recommendation from SGC to rezone the vacant parcel at 580 Nicola Avenue (next to Walmart). Prior to considering this recommendation, a motion to refer the application back to SGC was adopted. Council indicated it wished to obtain information with respect to ensuring that the site, including the adjoining sidewalk and boulevard, would be maintained in a neat and tidy condition. SGC is satisfied that this objective will be met and continues to recommend proceeding with the rezoning. RECOMMENDATION That the recommendations to rezone the property at 580 Nicola Avenue as previously brought forward by SGC be considered. 1. SUMMARY At the SGC meeting held on May 11th, Committee considered the attached staff report. Two representatives of the application also attended the meeting and confirmed steps were taken to ensure the site would be appropriately maintained. Following discussion with input from the applicant, Committee determined it would advise Council that Development Services staff will work with the applicant to ensure development takes place in accordance with City regulations, including maintenance of the boulevard adjoining the site, in a neat and tidy condition. No changes to the City’s regulations or practices were identified. 2. OPTIONS Council may:

Proceed with consideration of the rezoning application as previously recommended, or

Request SGC provide additional information if it continues to have concerns. Submitted by Laura Lee Richard, MCIP, Director of Development Services, with the concurrence of the Chair. Attachment: Report to SGC dated May 10, 2017

45

Report to Council

DATE:

May 02, 2017

TO:

Mayor and Council

FROM:


SUBJECT:

580 NICOLA AVENUE

REZONING APPLICATION RZ000132

(Smart Growth Committee Meeting – April 27, 2017)

EXECUTIVE SUMMARY:

The Smart Growth Committee (SGC) has considered an application from Teck Construction Ltd.

to rezone a vacant site next to Walmart in the Dominion Triangle from the A Agriculture zone to

the M3 Light Industrial zone. The proposed development of three multi-tenant buildings with

surface parking and landscaping would comply with the land use policies set out in the OCP and

recommended design control measures would mitigate potential impacts of light industrial uses.

The Committee recommends to Council that the rezoning application be given further

consideration.

RECOMMENDATIONS

1. That the zoning of 580 Nicola Avenue be amended from A (Agriculture) to M3 (Light

Industrial).

2. That prior to adoption of the amending bylaw, the following condition be met to the

satisfaction of the Director of Development Services: submission and registration of a legal

agreement to implement specific building and landscape design requirements to provide for

an appropriate treatment between the industrial use and non-industrial uses to the east of

Fremont Connector and south of Sherling Avenue.

SUMMARY

At its meeting held April 27th

, 2017, the Smart Growth Committee considered the attached staff

report and resolved to support further consideration of the rezoning application.

The proposal for a light industrial development is in keeping with the policies of the OCP that

support retention and development of industrial lands and providing opportunities for

employment generation. Specific design control measures are recommended as conditions of the

rezoning to mitigate potential impacts of light industrial uses on non-industrial developments in

the vicinity of this site.

48

May 2, 2017

580 Nicola Avenue Rezoning Application RZ000132

Page 2

OPTIONS

Council may:

1. Proceed with consideration of the rezoning application (recommended)

2. Request that additional information or amendments to the application be made prior to

consideration of an amending bylaw; or,

3. Reject the application if it does not wish to further consider the application.

Submitted by Laura Lee Richard, MCIP, Director of Development Services, with the

concurrence of the Chair.

Attachments: 1. Report to SGC dated April 21, 2017.

49

Report to Committee

DATE:

April 21, 2017

TO:


FROM:


SUBJECT:

580 NICOLA AVENUE

REZONING APPLICATION RZ000132

EXECUTIVE SUMMARY: This report describes a rezoning application to allow for a

light industrial development to be located at 580 Nicola Avenue. The proposal is in

keeping with policies of the OCP to support retention of industrial lands and provide

opportunities for employment generation. Specific design control measures are

recommended as conditions of the rezoning to mitigate potential impacts of light

industrial uses on non-industrial developments located on the east side of Fremont

Connector.

RECOMMENDATIONS

That SGC recommend to Council:

1. That the zoning of 580 Nicola Avenue be amended from A (Agriculture) to M3

(Light Industrial).

2. That prior to adoption of the amending bylaw, the following condition be met to the

satisfaction of the Director of Development Services:

a. Submission and registration of a legal agreement to implement specific

building and landscape design requirements to provide for an appropriate

treatment between the industrial use and non-industrial uses to the east of

Fremont Connector and south of Sherling Avenue.

1. BACKGROUND

1.1. The Proposal: The applicant, Teck Construction Ltd., wishes to develop the vacant

4-acre site for light industrial uses. The proposed development consists of 3 multi-

tenant buildings, parking and landscaping. The proposed zoning would permit light

industrial uses including warehousing and storage, manufacturing and processing,

indoor commercial recreation, craft breweries, trade contractors, research and

50

April 21, 2017

580 Nicola Avenue – Rezoning Application RZ000132

Page 2

development and advanced technology industries. The applicant expects

employment generation to be approximately 100 to 135 jobs.

2. POLICY & REGULATIONS

2.1. Regional Growth Strategy (RGS): Metro Vancouver promotes economic strength

through retention of areas for industrial purposes and, to implement this goal, the

subject property is designated Industrial.

2.2. Official Community Plan (OCP): The City’s Regional Context Statement indicates

compliance with the RGS designation by restricting permitted uses for the subject

property to industrial uses. The economic policies promote retention of areas with an

industrial land use designation for industrial purposes and employment in the

Dominion Triangle. The land use designation is IL - Light Industrial; the table of

allowable uses in Section 8.2 of the Plan identifies M3 Light Industrial as a

permissible zone within this designation.

2.3. Zoning Bylaw: The site’s current zoning is A – Agricultural; the proposed zone is

M3 – Light Industrial.

2.4. Development Permit: The OCP includes the site within an Industrial Development

Permit Area and applies area-specific guidelines for the Dominion Triangle to guide

the form and character of industrial developments, promote orderly development,

and control the interface between industrial and other land uses. It also includes the

site within an Environmental Conservation Development Permit Area to facilitate

implementation of environmental goals and objectives.

3. COMMENTS AND ANALYSIS

3.1. Site Characteristics and Context: This triangular site is located next to Walmart on

the west, with Fremont

Connector and Nicola Avenue

bounding the other two sides.

Lands to the southeast and

north are developed with light

industrial uses; the proposed

Four Square Church is also to

the north. Mosaic’s Riverfront

neighbourhood is on the east

side of the Fremont

Connector, north of Nicola

Avenue and the Residences at

Fremont village are south of

Sherling Avenue. The site is

51

April 21, 2017


Page 3

vacant and has been cleared and filled to meet flood plain requirements in

anticipation of development.

3.2. Project Profile:

Bylaw

Regulations1

Proposed2

Site Area 930 sq.m. min’m 16,875 sq.m.

Building Area n/a 6,377 sq.m.

(68,650 ft2)

Building Lot Coverage n/a 38 %

Setbacks:

Front Setback

(Nicola) 6 m 6 to 12 m

Rear Setback (south) 6 m 31 m

Interior Side Setback

(west) 3 m 3 to 17 m

3

Exterior Side Setback

(Fremont Connector) 6 m 6.1 m

Building Height 12 m 10.15 m

Parking (total) 67 137

Small car parking spaces 25% max’m (34 spaces) 7% (10 spaces)

Loading 3 min’m 27

Impervious Surfaces 80% max’m 80%

Bicycle Parking Space for 6 bikes 14 bike stalls provided

3.3. Development Description: The proposed multi-tenant industrial development

consists of three buildings, internal driveways, parking and landscaping. The

development will be designed to front both Nicola Avenue and the Fremont

Connector with driveway access for passenger vehicles and transport trucks from

Nicola Avenue. The applicant has indicated the buildings will accommodate

approximately 27 industrial units ranging in size between 171 m2 (1,845 ft

2) to 475

m2 (5,111 ft

2) and provide a total of 6,484 m

2 (69,793 ft

2) plus future mezzanine.

1 Refer to Zoning Bylaw No. 3630 and Parking and Development Management Bylaw No. 3525 for

specific regulations 2 Information provided by applicant

3 Interior setback is 3m to the garbage/recycling structure and 17m to the industrial building.

52

April 21, 2017


Page 4

View from Nicola Avenue

Similar to the adjacent River’s Edge Business Park, the development design exhibits

a Westcoast Contemporary style. The buildings will be two storeys in height and

constructed of tilt-up concrete panels with a varying roofline height. The public

façades along the Fremont Connector and Nicola Avenue will have a number of

accent features such as ledgestone cladding, steel and glass canopies, architectural

roof overhangs, glazing and a varying colour palette of warm earth tones.

View from Fremont Connector / Nicola Avenue Intersection

The landscape plan calls for a mixture of grasses, shrubs, perennials, ground cover

plants and 94 trees located around the periphery of the site and in landscape strips

within parking areas. A significant portion of the site area will be used for required

parking, traffic circulation and transport vehicle loading areas typical of an industrial

development. The parking areas will be screened by planting to mitigate their visual

impact to public areas.

Further details of the building design and landscape plan would be provided in

consideration of the Development Permit.

3.4. Requested Variances: No variances have been requested.

3.5. Transportation: A driveway sightline analysis was provided by the applicant and

confirmed the proposed location of the access driveways on Nicola Avenue would 53

April 21, 2017


Page 5

meet standards established by the Transportation Association of Canada (TAC)

Geometric Design Manual.

3.6. Infrastructure: In accordance with the Subdivision Servicing Bylaw, construction

of associated offsite infrastructure such as roads, curb and gutters, sidewalks, street

lights, street trees and boulevard landscaping was constructed a number of years ago

when the parcel was created. Installation of driveway let-downs and other

restorative works would be required at building permit stage.

3.7. Environmental Conservation: Measures to comply with the OCP’s environmental

conservation objectives and guidelines include building practices and products to

reduce energy and water consumption, promote stormwater management and reduce

GHGs. Proposed elements include heat reflective roofing membrane, high efficiency

windows, insulated wall assemblies, permeable asphalt for some driveways,

selection of native and drought-resistant plant species, and low VOC materials. GHG

emissions will be reduced though the energy efficient nature of the building and

following a construction waste management plan.

3.8. Discussion: The proposed M3 – Light Industrial zone adheres to the policy

objectives of the OCP and RGS for industrial use. The proposed development would

meet OCP development permit area objectives and guidelines and the regulations of

the M3 zone and parking bylaw. Detailed design review of the proposed industrial

buildings and landscaping would occur in the future at the time of development

permit consideration.

To ensure that the industrial development is compatible with the non-residential uses

to the northeast and southwest, this report recommends appropriate measures be

taken by the City as conditions of rezoning. The issue of design compatibility was

reviewed by SGC in 2009, when it received a land use and design review, the

Dominion Triangle Planning Review, by consultant Eric Vance. The review

provided an evaluation of the interface between the industrial and residential

designations and proposed a number of design measures that could mitigate potential

industrial impacts. While the proposed M3 zone has the least potential impact of the

industrial zones on non-industrial areas because it requires businesses to operate

fully within a building, have no outdoor storage, and not produce excessive noise,

odour or other disturbances, there are a number of additional measures which can be

taken to further reduce potential impacts and promote a compatible relationship. The

additional measures being recommended for this site to complement the OCP

guidelines and the M3 regulations include:

a restriction to prohibit fencing or walls with an industrial character, such as

chain link, barb wire, or lock-block walls

restrictions on the illumination of yards along Fremont Connector to ensure

that light sources will not shine into residential areas, control glare and adhere

to dark sky principles

a restriction that all roof top units and equipment must be screened and 54

April 21, 2017


Page 6

guidelines for these screens to be attractive and consistent with the overall

design vocabulary and materials employed for the building

a design guideline that requires building articulation, glazing, varied roofline

heights and architectural details to mitigate box-like massing of industrial

buildings and add visual interest.

3.9. Consultation: No significant concerns were noted by staff in review of the proposal.

A sign notifying local residents of the application is posted on site and neighbours

will be notified of the Public Hearing.

4. OPTIONS

The Smart Growth Committee may:

1. Support proceeding to Council to consider the Zoning Bylaw amendment

(recommended);

2. Request additional information or amendments to the application to address specified

issues;

3. Recommend rejection of the application. The applicant may then request the

application be forwarded to Council for consideration.

___________________

Laura Lee Richard, MCIP


Attachments:

1. Location Map

2. Industrial Development Proposal

55

April 21, 2017


Page 7

ATTACHMENT 1

CITY OF PORT COQUITLAM

DEVELOPMENT APPLICATION LOCATION MAP

580 Nicola Ave

56

3990 1

ANIMAL CONTROL BYLAW NO. 3990

A Bylaw to regulate and prohibit the keeping of Animals and to provide for the licencing, seizure, and impoundment of animals.

______________________________________________________________________________ The Council of the Corporation of the City of Port Coquitlam enacts as follows:

Citation 1. This Bylaw may be cited for all purposes as “Animal Control Bylaw, 2017, No. 3990”.

Definitions 2. In this Bylaw, unless the context otherwise requires, each of the following words has the

meaning set out below:

Aggressive Dog means a Dog:

a) that has, without provocation, bitten, inflicted a minor injury or assaulted, pursued or harassed a person or another animal or has demonstrated a propensity, tendency or disposition to do so; or

b) that the Animal Control Officer has reasonable grounds to believe is likely to cause injury to a human or another animal.

Animal Control Officer means a person authorized to administer and enforce this Bylaw and includes:

a) a Bylaw Enforcement Officer; b) the person appointed by Council to be the Bylaw Services Manager; and c) any person appointed by resolution under section 4.1(b) of this Bylaw.

At Large means:

a) an animal that is not on the premises of its Owner and is not under the care and

control of its Owner; or b) in the case of a Dog, a Dog that is not on the premises of its Owner and is either

not secured on a Leash to its Owner or is not under the care and control of its Owner while in an Off Leash Area.

BC SPCA means the British Columbia Society for the Prevention of Cruelty to Animals.

64

3990 2

Bylaw Services Manager means the person appointed as Bylaw Services Manager or their designate

Cat means any animal of the species felis catus.

City means the lands within the municipal boundaries of the City of Port Coquitlam, or the Corporation of the City of Port Coquitlam, as the context requires. Council means the municipal council of the City.

Dangerous Dog means a Dangerous Dog as defined in the Community Charter.

Dog means any animal of the species canis familiaris.

Domestic Animal means any animal tamed and kept as a domestic pet, and includes a Dog or Cat but does not include a Farm Animal.

Dwelling Unit means a single-family dwelling, a townhouse, a condominium, or an apartment.

Enclosure means a fence or structure at least 1.8 m in height, enclosed on all sides, lockable, and suitable to confine an Aggressive Dog or Dangerous Dog and prevent the entry of young children or Dogs.

Farm Animal means any cattle, horse, sheep, goat, swine, donkey, mule, llama, fowl or poultry, pigeon, rabbit, hare, mink, or otter, and includes without limitation any other animal raised for food or for the use of humans, but does not include bees.

Kennel means a parcel of land on which four or more Dogs are kept.

Leash means a strap or cord of sufficient strength and design to restrain a Dog.

Minor Injury means a physical injury to a person or Domestic Animal that consists of pinches, minor localized bruising, scratches, or minor lacerations.

Muzzled means wearing a device that humanely secures the mouth of a Dog so as to prevent the Dog from biting.

Neutered Male Dog means any Dog of the male sex certified by a Veterinarian as unable to reproduce.

Off Leash Area means an area designated by the Director of Engineering & Public Works in which a Dog may be present without being secured by a Leash to a person.

65

3990 3

Owner means any person who owns, keeps, harbours, or has in his or her possession or custody a Domestic Animal or Farm Animal, and includes any person allowing a Domestic Animal to remain about his or her house or premises.

Permanent Identification means identification for a Domestic Animal or Farm Animal in the form of a visible tattoo or a microchip that contains the contact information of the Owner.

Pound means the premises, including land and buildings where animals impounded or received under this Bylaw are to be kept.

Poundkeeper means the person appointed from time to time under this Bylaw for the purpose of operating the Pound and enforcing and carrying out provisions of this Bylaw related to the impoundment of Dogs, other Domestic Animals, and Farm Animals.

Spayed Female Dog means any Dog of the female sex certified by a Veterinarian as unable to reproduce.

Veterinarian means a certified member in good standing of the Canadian Veterinary Association.

3. ESTABLISHMENT OF POUND

The Council may by resolution from time to time designate premises, either within the City or within another municipality, as the City’s Pound.

4. APPOINTMENT OF POUNDKEEPER AND ANIMAL CONTROL OFFICERS

1) The Council may by resolution from time to time appoint:

a) a Poundkeeper to operate and maintain the Pound for and on behalf of

the City; and b) persons to administer and enforce this Bylaw.

2) The Council may enter into an agreement with the Poundkeeper for the

provision of poundkeeping and related services. 5. POWERS OF POUNDKEEPER

1) The Poundkeeper has the following powers under this Bylaw:

66

3990 4

a) to employ such employees and agents as the Poundkeeper deems necessary to enable it to carry out its powers and duties pursuant to this Bylaw;

b) to appoint employees or agents for the purpose of fulfilling the

requirements of this Bylaw;

c) to take into impoundment any Domestic Animal or Farm Animal found in a place or in such circumstances as to constitute a violation of this Bylaw;

d) to retain any impounded Domestic Animal or Farm Animal for the

prescribed period unless the Domestic Animal or Farm Animal is sooner claimed by its Owner in accordance with this Bylaw;

e) where an impounded Domestic Animal remains unclaimed by its Owner

for more than the prescribed period, and provided the Domestic Animal is not an Aggressive Dog or a Dangerous Dog, to offer the Domestic Animal to the general public for adoption;

f) to issue Dog licences and to assess, levy and collect all fees, fines, charges

and other amount prescribed by this Bylaw; and

g) to administer and enforce the provisions of this Bylaw related to poundkeeping.

6. FEES AND CHARGES

The scale of fees and charges applicable to services provided under this Bylaw is set out in the Fees & Charges Bylaw No. 3892, as amended from time to time.

7. POWERS OF ANIMAL CONTROL OFFICER

1) Pursuant to section 16 of the Community Charter, an Animal Control Officer may at all reasonable times enter on and inspect private property within the City in order to ascertain whether the provisions of this Bylaw are being observed.

2) Where the Animal Control Officer identifies a Dog that is not licensed as required

by this Bylaw, the Animal Control Officer may impound the Dog or exercise any other authority granted to the Animal Control Officer by this Bylaw.

3) An Animal Control Officer or a police officer may, on behalf of the City, exercise

the authorities in the Community Charter regarding Dangerous Dogs.

67

3990 5

4) Where an Animal Control Officer determines that a Dog is an Aggressive Dog or a Dangerous Dog, the Animal Control Officer may by written notice direct the Owner to comply with the requirements of this Bylaw regarding Aggressive Dogs or Dangerous Dogs.

8. CONTROL OF DOGS

1) Every Owner of a Dog shall prevent the Dog from being or running At Large.

2) Every Owner of a Dog shall prevent the Dog, whether on a Leash or otherwise, from trespassing upon private property.

3) Every Owner of a Dog shall immediately take steps to remove excrement left or

deposited by the Dog and dispose of the excrement in a lawful and sanitary manner.

4) Every Owner of a female Dog in heat shall confine the Dog within the Owner's

premises, within premises under the Owner's possession and control, or within an Enclosure on the Owner's property.

5) No person may cause, permit, or allow an animal to be confined in an enclosed

space, including a motor vehicle or boat, unless there is adequate ventilation. 9. OFF-LEASH AREAS

1) Every person who utilizes an Off Leash Area for their Dog shall comply with the requirements of this Bylaw and with the applicable regulations established and posted by the City at the Off Leash Area.

2) When in an Off Leash Area, a Dog shall at all times be under the care and control

of a person responsible for the Dog(s). 3) No person shall at any time have custody of more than three (3) Dogs in an Off

Leash Area. 4) An Owner of a Dog shall maintain visual contact with the Dog at all times when

the Dog is in an Off Leash Area. 5) No Owner shall permit a female Dog that is in heat to be in an Off Leash Area. 6) No Owner shall permit an Aggressive Dog or a Dangerous Dog to be in an Off

Leash Area.

68

3990 6

7) If a Dog displays aggressive behaviour toward a person or another Dog while in an Off Leash Area, the Owner of the Dog shall immediately secure the Dog to a Leash and remove the Dog from the Off Leash Area.

8) The Animal Control Officer may impound from an Off Leash Area any Dog that is not

under the care and control of its Owner. 10. AGGRESSIVE DOGS

1) If an Animal Control Officer determines that a Dog by its behaviour or temperament is an Aggressive Dog as defined in this Bylaw, the Animal Control Officer may issue a notice of that determination to the Owner of the Dog.

2) Upon receipt of a notice under section 10.1, the Owner of the Dog shall comply

with the provisions of this Bylaw regarding Aggressive Dogs set out in Section 10, clauses 3) to 10).

3) Every Owner of an Aggressive Dog shall, within 14 days of receipt of a notice

under Section 10. 1), cause the Aggressive Dog to be marked with Permanent Identification by a Veterinarian, and shall immediately forward the corresponding identification information to the Animal Control Officer prior to a licence being issued for that Aggressive Dog.

4) Every Owner of an Aggressive Dog shall, at all times while the Dog is on the

premises owned or controlled by such person, keep the Dog securely confined either indoors, or outdoors in an Enclosure that is kept locked at all times except when the Dog is being placed in or taken from the Enclosure

5) No Owner of an Aggressive Dog shall permit or allow the Dog to be on any

highway or in any public place or any other place that is not owned or controlled by that person, unless the Dog is secured to a responsible adult on a non-retractable Leash that is no more than 1.2 m in length.

6) No Owner of an Aggressive Dog shall permit the Aggressive Dog to be in any area

designated by the City as an Off Leash Area. 7) No person shall keep or own any Aggressive Dog within the City unless the Dog is

kept sufficiently secured so as to prevent it from endangering the safety of any person or other animal.

8) Every person who owns, keeps, or has custody or control of an Aggressive Dog

shall immediately notify an Animal Control Officer, the Poundkeeper, or a police officer when that Dog is At Large.

69

3990 7

9) Every Owner of an Aggressive Dog shall notify the Animal Control Officer in writing within three days should the Aggressive Dog pass away, be sold, transferred, or gifted.

10) Every Owner of an Aggressive Dog who transfers ownership of the Aggressive

Dog to another person shall provide the recipient with copies of all notices received under this Bylaw.

Aggressive Dogs requiring Muzzling 11) If an Animal Control Officer determines that a Dog is an Aggressive Dog that has

without provocation, bitten, inflicted minor injury, assaulted, pursued or harassed a person or another animal on more than one occasion; or believes the circumstances warrant, the Animal Control Officer may issue a notice that the Dog, in addition to all other requirements applicable to Aggressive Dogs, shall be muzzled whenever the Dog is in a public place.

12) No Owner of an Aggressive Dog for which a notice under Section 10, clause 11

has been issued, may allow that Aggressive Dog to be un-muzzled in a public place.

Applications to be Relieved from Aggressive Dog Requirements 13) The Owner of an Aggressive Dog may, no sooner than 12 months after receipt of

a notice under Section 10, clause 1) or clause 11) of this Bylaw, apply in writing to the Animal Control Officer for relief from one or more of the conditions of this Bylaw applicable to the keeping of Aggressive Dogs.

14) Upon receipt of a written application under Section 10, clause 13), the Animal

Control Officer or Bylaw Services Manager may, having regard to the circumstances, grant relief from one or more of the conditions of this Bylaw applicable to the keeping of Aggressive Dogs, provided that:

a) there have been no further incidents of aggression by the Dog in the

period since the issuance of a notice under section 10.1 or section 10.11 of this Bylaw;

b) the Dog has not, in the same period, given the Animal Control Officer any

grounds to believe that the Dog is likely to cause injury to an animal or a human; and

70

3990 8

c) proof and documentation is provided that the Owner and the Dog have successfully completed a course by a recognized and accredited institution or trainer to address the Dog’s aggressive behaviour.

15) If a Dog for which relief has been granted pursuant to section 10.13 is involved in a subsequent incident that qualifies it as an Aggressive Dog, and a corresponding notice is issued by the Animal Control Officer, no further relief shall be granted from the conditions of this Bylaw applicable to the keeping of Aggressive Dogs.

11. DANGEROUS DOGS

1) If an Animal Control Officer determines that a Dog by its behaviour or temperament qualifies as a Dangerous Dog, the Animal Control Officer may, in addition to any action taken under the Community Charter, issue notice of that determination to the Owner of the Dog.

2) Upon receipt of a notice under section 11.1, the Owner of a Dangerous Dog shall

comply with the provisions of this Bylaw regarding Dangerous Dogs. 3) Every Owner of a Dangerous Dog shall post a clearly visible sign in the form

shown as Schedule A at all points of entry onto any premises where the Dangerous Dog is being kept, temporarily or permanently, and ensure that the signs so posted are maintained in a legible condition.

4) On the first day that City Hall is open for business:

a) after a notice has been issued regarding a Dangerous Dog; b) after a person becomes the Owner of a Dangerous Dog; or c) after an Owner requests the release of a Dangerous Dog in accordance

with an order of the court; d) the Owner of the Dangerous Dog shall attend at City Hall and pay the

annual licence fee for the Dangerous Dog and have the Dangerous Dog photographed by the Animal Control Officer, who shall retain the photograph at City Hall for identification purposes.

5) Every Owner of a Dangerous Dog shall notify the Animal Control Officer in

writing within three (3) days should the Dangerous Dog pass away, be moved, sold, gifted or transferred to another person.

6) Every Owner of a Dangerous Dog who transfers ownership of a Dangerous Dog

to another person, shall provide the recipient with copies of all notices received under this Bylaw.

71

3990 9

7) Every Owner of a Dangerous Dog shall, within three (3) days of receipt of a notice under section 11.1 of this Bylaw, cause the Dangerous Dog to be marked with Permanent Identification by a Veterinarian, and shall immediately forward the corresponding identification information to the Animal Control Officer prior to a licence being issued for that Dangerous Dog.

8) Every Owner of a Dangerous Dog shall, at all times while the Dog is on the

premises owned or controlled by the Owner, keep the Dog securely confined either indoors, or outdoors in an Enclosure that is kept locked at all times except when the Dog is being placed in or taken from the Enclosure.

9) No Owner of a Dangerous Dog shall permit or allow the Dog to be on any

highway or in any public place or any other place that is not owned or controlled by that person, unless the Dog is muzzled and secured to a responsible adult on a non-retractable Leash that is no more than 1.2 m in length.

10) The Owner of a Dangerous Dog shall ensure that the Dog does not:

a) chase, injure or bite a person; b) chase, injure or bite a Domestic Animal or a Farm Animal; c) run or be At Large; or d) damage private or public property.

11) The Owner of a Dog that is seized by the Animal Control Officer as a Dangerous

Dog pursuant to the Community Charter and held in custody by the City pending an application for a destruction order shall pay the impoundment and daily board fees established and prescribed by this Bylaw.

12) If an application by the City pursuant to the Community Charter does not result

in the granting of a destruction order for a Dangerous Dog, and custody of the Dangerous Dog is returned to a person, that person shall immediately comply with the provisions of this Bylaw regarding Dangerous Dogs.

13) A Dangerous Dog shall not be released to its Owner until the Owner has paid all

fees incurred in relation to the Dangerous Dog and the Animal Control Officer has verified compliance with sections 11.4 and 11.7 of this Bylaw.

14) No person who has not attained the age of eighteen (18) years shall possess or

have custody of a Dangerous Dog while the Dog is off the property of its Owner. 15) Every person who owns, keeps, or has custody or control of a Dangerous Dog

shall immediately notify an Animal Control Officer, the Poundkeeper, or a police officer when that Dog is At Large.

72

3990 10

16) No Owner of a Dangerous Dog shall permit the Dog to be in any area designated by the City as an Off Leash Area.

12. LICENSING OF DOGS

1) No person shall own, keep, or possess within the City any Dog over the age of six (6) months unless a current licence has been issued for the Dog pursuant to this Bylaw.

2) No Dog licence shall be issued to any person who has not attained the full age of

18 years. 3) Every Owner of a Dog shall, on or before February 1st of each year, or as soon

thereafter as such Dog attains the age of six months, apply to the City or the Poundkeeper to license the Dog for that calendar year.

4) Every Owner of a Dog shall, within 31 days of acquiring the Dog or within thirty-

one (31) days of the Owner having established residence in the City, apply to the City or the Poundkeeper to license the Dog for that calendar year.

5) The City shall maintain a record of each Dog licence issued, and for the purpose

of identification, such record shall include: the name of the Owner; the address of the Owner; phone number of the Owner and a general description of the Dog including the sex, colour, breed, if known, and the name given to the Dog by the Owner.

6) Except as otherwise provided by this Bylaw, every application for a licence shall

be accompanied by a licence fee as prescribed by the Fees & Charges Bylaw No. 3892 as amended from time to time.

7) Where the Owner of a Dog that is licensed under this Bylaw sells, gives away, or

otherwise disposes of the Dog, and ceases to be the Owner of the Dog, the licence for that Dog is automatically cancelled unless the licence is transferred to a new Owner as provided by this Bylaw.

8) An Owner who acquires a licensed Dog from another Owner or who moves to

the City with a licensed Dog from another jurisdiction and who applies to license the Dog under this Bylaw may have the licence fee waived upon surrender of the Dog’s licence tag for the same year issued by another jurisdiction or to a previous owner. The new licence shall expire at the end of the current calendar year as provided in this Bylaw.

73

3990 11

9) Every person applying for a licence for a Neutered Male Dog or Spayed Female Dog shall present to the City a certificate in writing from a Veterinarian certifying that the Dog is unable to reproduce.

10) Every person who has obtained a licence for an unneutered male Dog or

unspayed female Dog may, before the expiration of the licence period and within six months of the purchase of the licence, present to the City a certificate from a Veterinarian certifying that the Dog is unable to reproduce, in which case the Owner shall be entitled to a refund of the difference between the fee charged for a spayed or neutered Dog and the fee charged for a Dog which is not spayed or neutered.

11) Every licence issued pursuant to this Bylaw shall expire on December 31st of the

year of issue. 12) The City shall issue a licence tag with serial number for each Dog licensed under

this Bylaw. 13) Every Owner of a licensed Dog shall cause the Dog to wear around its neck a

suitable collar to which the licence tag shall be attached. 14) Section 12, clause 1) of this Bylaw does not apply to the Poundkeeper, an Animal

Control Officer, or a police officer during the performance of his or her duties.

13. KENNELS 1) The use of land or buildings or other premises as a Kennel is subject to the

provisions of the City’s current Zoning Bylaw, as amended from time to time. 2) No owner, tenant or occupier of residential property shall keep or permit to be

kept more than (3) three Dogs in or at an individual Dwelling Unit. 3) No person shall operate a Kennel within the City unless that person has applied

for and received from the City a licence for that purpose. 4) Before issuing a Kennel licence to an applicant the City may request an

inspection report from the branch of the BC SPCA having jurisdiction within the City.

5) If the premises that are the subject of the Kennel licence application are

reported by the BC SPCA to be unsuitable for the operation of a Kennel, the Kennel licence application may be refused.

74

3990 12

6) In addition to the provisions of this Bylaw, Kennels operating on a commercial basis are subject to the provisions of the City’s current Business Bylaw, as amended from time to time.

14. IMPOUNDMENT OF DOGS

1) Any person, including the Poundkeeper, an Animal Control Officer and a police officer, may seize any Dog found At Large in the City.

2) Any person who seizes a Dog pursuant to the preceding section shall as soon as

possible deliver such Dog to the Poundkeeper for impoundment. 3) The Poundkeeper, an Animal Control Officer and a police officer may seize any

Dog over the age of six (6) months that does not have a current licence. 4) A Dog is deemed to be impounded as soon as it is seized by the Poundkeeper, an

Animal Control Officer or a police officer and all related fees in this Bylaw apply to such impoundment.

5) If an impounded Dog is not reclaimed by its Owner within 96 hours of its

impoundment, the Dog becomes the property of the City, and in that case the City may:

a) offer the Dog to the public for adoption if the Dog is not an Aggressive

Dog or a Dangerous Dog; b) transfer the Dog to a suitable animal welfare organization; or c) have the Dog humanely euthanized. 6) The Owner of any Dog impounded under this Bylaw may reclaim his or her Dog

upon application to the Poundkeeper and upon proof of Ownership and upon payment of the licence fee for the current year and the fees imposed and expenses incurred in impounding and maintaining such Dog, as provided in the Fees & Charges Bylaw No. 3892, as amended from time to time.

7) Section 14.6 does not apply to Dangerous Dogs.

15. FARM ANIMALS

1) No person shall keep a Farm Animal in any residential zone.

2) No person shall allow any Farm Animal to be At Large or on unfenced land and not securely tethered or contained within the City.

75

3990 13

3) The Poundkeeper and an Animal Control Officer may seize and impound any Farm Animal found At Large or on unfenced land and not securely tethered or contained within the City.

4) The Owner of the Farm Animal may redeem the animal upon proof of Ownership

and by paying the charges prescribed in the Fees & Charges Bylaw No. 3892 together with any additional expenses incurred by the Poundkeeper in the apprehension or care of such animal.

5) Notwithstanding any charges and additional expenses imposed, should any Farm

Animal not be reclaimed at the end of the 96-hour period, it shall be lawful for the Poundkeeper to cause such animal to be sold or humanely euthanized, and after deducting his or her own charges if any and the costs of any such sale, the Poundkeeper shall pay any surplus to the Owner, provided that if the Owner is unknown the Poundkeeper shall pay the surplus to the City.

16. OTHER DOMESTIC ANIMALS

1) No person shall keep: a) any venomous snakes; b) more than four non-venomous snakes; or c) more than four rodents, including rats and mice; in any household or on any parcel of land in the City other than on premises

licensed as a pet shop or on school premises.

2) An Animal Control Officer or a police officer may seize any Domestic Animal At Large other than a spayed or neutered Cat.

3) The provisions of this Bylaw and of the Fees & Charges Bylaw No. 3892 regarding

impoundment of Dogs also apply to the impoundment of Domestic Animals, except that a fee that is specific to the type of Domestic Animal impounded prevails over a fee charged to a Dog.

17. BEEKEEPING

1) The use of land, buildings or other premises for beekeeping is subject to the provisions of the Zoning Bylaw No. 3630, as amended from time to time.

2) No person shall keep bees on their property except in an apiary registered under the Bee Act as amended from time to time.

76

3990 14

3) Every person who owns, possesses or keeps bees and every person on whose property bees are kept shall:

a) provide an adequate water source to bees;

b) maintain the bees in such a condition so as to reasonably prevent undue swarming or aggressive behaviour; and

c) maintain the beehives so as to deter and be inaccessible to wildlife.

18. OFFENCE

1) Any person who contravenes any provision of this Bylaw commits an offence and shall be liable upon conviction to a fine of not more than $10,000 and not less than $200 plus any other penalty or order that may be imposed pursuant to the Community Charter or the Offence Act, including an order to pay the cost of prosecution.

2) Each day that a contravention of this Bylaw continues shall constitute a separate offence.

19. NOTICE

1) A notice that was issued under section 15 of Animal Control Bylaw, 2009, No. 3670 in relation to a Dog is deemed to be a notice under section 10.1 and a notice under section 10.11 of this Bylaw for that Dog.

20. REPEAL

1) The “Animal Control Bylaw, 2009, No. 3670” and the “City of Port Coquitlam Public Health Bylaw, 1969, No. 908” are repealed.

Read a first time by the Municipal Council this 13th day of June, 2017. Read a second time by the Municipal Council this 13th day of June, 2017. Read a third time by the Municipal Council this 13th day of June, 2017.

______________________ _________________________

Mayor Corporate Officer

77

3990 15

Schedule A

Dangerous Dog

On Premises

78

Report to Council

DATE:

June 13, 2017

TO:

Mayor & Council

FROM:

Community Safety Committee (CSC)

SUBJECT:

New Animal Control Bylaw and Associated Amendment Bylaws

(CSC Meeting of June 1, 2107)

EXECUTIVE SUMMARY: At its regular meetings of May 20, 2014, and February 19, 2015,

the Community Safety Committee received reports recommending significant amendments to the

Animal Control Bylaw. The proposed amendments were generally supported but at the February

19, 2015 meeting, Committee directed that further work be done with respect to fees and

charges, dangerous and aggressive dogs, and a revised schedule of ticket fines. That work has

now been done and the results are four draft bylaw amendments being presented to Council after

the Community Safety Committee reviewed the changes again at their Committee meeting of

June 1, 2017.

RECOMMENDATIONS:

1. That Animal Control Bylaw No. 3990 be given first three readings;

2. That Bylaw Notice Enforcement Amendment Bylaw No. 4019 be given first three

readings;

3. That Ticket Information Utilization Amendment Bylaw No. 4020 be given first three

readings; and

4. That Fees and Charges Amendment Bylaw No. 4021 be given first three readings.

BACKGROUND AND COMMENTS:

When the current Animal Control Bylaw was adopted in 2008, the main issue was the

termination of the City’s contract with the BC SPCA. The animal control service model was

changed to a combination of in-house animal control services plus contracted-out shelter

services. The Bylaw had to be amended on a short timeline in order to accommodate the new

service model and to give it legal effect. Time and experience have highlighted some areas

where the current Animal Control Bylaw (hereinafter referred to as “the Bylaw”) could be

improved. The highlights of the major amendments are as follows in the order they appear in the

Bylaw:

79

Animal Control Amendments

June 1, 2017

Page 2

Poundkeeper

The duties of the Poundkeeper have been removed from the Bylaw upon the recommendation of

legal counsel that suggests the duties of the Poundkeeper are more appropriately outlined in the

employee contract rather than the Bylaw. The Bylaw still addresses the establishment of a

Pound, appointment of the Poundkeeper, and the powers of the Poundkeeper.

Establishment of a pound outside municipal boundaries;

Section 4 of the current Bylaw requires Council to obtain the consent of an outside municipality

before establishing a pound in that municipality. Because the designation of pounds in outside

municipalities is within the Community Charter authority of those municipalities, the provision

is technically beyond the powers of Port Coquitlam’s authority (redundant) and should be

repealed.

Fees & Charges

That the Fees & Charges for the Animal Control Bylaw be moved to Fees & Charges Bylaw No.

3892.

New or amended fees & charges include:

No licence fees will be charged for guide dogs and assistance dogs;

Higher licence fees, impound fees, and board fees are established for Aggressive Dogs

and Dangerous Dogs, reflecting the extra costs that these dogs impose on the City;

A system of competitive adoption fees is established for animals owned by the City and

kept in the City’s pound facility.

Control of Dogs

(8.4) A new ticketing provision has been added for not keeping female dogs in heat securely

confined within the Owner’s premises or within an enclosure on the Owner’s property. The

intent is to keep male dogs from accessing the females. Female dogs may still be taken for walks

on leash.

(8.5) A new provision has been added to address dogs (animals) being left confined in an

enclosed space without adequate ventilation. (dogs left in hot vehicles is a common complaint).

Off Leash Areas

Port Coquitlam currently has two off leash dog parks. They are popular and well-used but there

are occasions which give rise to conflicts when dogs are not under effective care and control.

They may even be turned loose in the off leash area while their owners remain in the parking lot,

no longer being in care and control of their dog.

80


June 1, 2017

Page 3

Recommendation: That the following provisions be added to the Bylaw to allow better care and

control of off leash dogs in off leash dog parks. A summary of the provisions are provided

below:

Dogs are under the care and control of a responsible person;

No person shall have more than three (3) dogs in an off leash area;

No owner shall permit a female dog in heat in an off leash area;

Dogs displaying aggressive behaviour must be immediately leashed;

The Animal Control Officer may impound a dog from the off leash area if it is not under

care and control of it’s owner or person responsible for the dog.

The Keeping of Aggressive Dogs

The City has two categories of problem dogs; Aggressive Dogs and Dangerous Dogs. Currently

there are approximately 40 known Aggressive Dogs that require a significant amount of

monitoring by the Animal Control Officer. In order to better regulate and monitor the keeping of

Aggressive Dogs significant changes have been made to the provisions regarding the keeping of

Aggressive Dogs. These include;

Expansion of regulations and ticketing provisions for Aggressive Dogs;

A new definition for ‘minor injury’;

A new definition for ‘permanent identification’;

Changed requirements around muzzling, as well as an appeal process for relief of one or

more conditions imposed on Aggressive Dogs;

An expanded definition of ‘enclosure’ which states: Enclosure means a fence or

structure at least 1.8 m in height, enclosed on all sides, lockable, and suitable to confine

an Aggressive Dog and prevent entry of young children or dogs.

Additionally, new provisions and fines have been added to the Bylaw that will give the Animal

Control Officer more ability to regulate and enforce provisions surrounding Aggressive Dogs.

They include the following:

Aggressive Dogs will not be allowed in the City’s off leash parks;

Aggressive Dogs must be under the care and control of an adult when in public;

Aggressive Dogs must be secured to a non-retractable leash of fixed length (1.2 m) when

in public;

Aggressive dogs must be marked with permanent identification such as a tattoo or

microchip; Permanent Identification means identification for a Domestic Animal or

Farm Animal in the form of a visible tattoo or a microchip that contains the contact

information of the Owner. 81


June 1, 2017

Page 4

New provisions for notification to the Animal Control Officer when an Aggressive Dog

is at large, transferred, passes away, or gifted to another owner.

Muzzling Requirements

The current Bylaw requires all dogs to be muzzled once they meet the definition of Aggressive

Dog. This has led to some grey areas if the incident is very minor and muzzling for the lifetime

of the dog seems excessive. The proposed changes (Sections 10.11-10.12) allow more discretion

to the Animal Control Officer if the incidence of dog aggression is minor and the dog has no

known history of past aggressive incidents. In this case, the Animal Control Officer may decide

that the dog is aggressive but does not require muzzling but simply recommend it. A second

instance or a serious incidence of aggression would require immediate muzzling.

A definition of minor injury has been added to the Bylaw for clarification. The newly added

definition of minor injury as it pertains to Aggressive Dogs provides guidelines for determining

the level of seriousness to the incident; hence an increased ability for the Animal Control Officer

to determine which dogs will require muzzling. The definition of minor injury is as follows:

Minor Injury means a physical injury to a person or Domestic Animal that consists of pinches,

minor localized bruising, scratches or minor lacerations.

Appeal Process

Relief from muzzling requirements

Provisions (S.10.13-10.15) have been added to the Bylaw for application allowing for the relief

of the muzzling requirements if the dog meets specific requirements. An owner may seek relief

of muzzling requirements for their dog, if after 12 months following the issuance of an

Aggressive Dog notice there have been no further incidents. The owner must do so by applying

in writing to the Animal Control Officer.

This appeal process allows for a more fair and equitable process for owners who have

Aggressive Dogs that may be able to have aggressive behaviours rehabilitated but meet the initial

muzzling requirements. The 12 month wait period before appeal addresses the immediate risk as

well as future risk of public safety by making the owner more accountable for aggressive dog

behaviour. The current Bylaw imposes sanctions that remain for the life of a dog which could be

a considerable length of time if the dog is young.

The appeal process under the proposed Bylaw lays out the conditions under which the Animal

Control Officer or the Bylaw Services Manager may grant relief from one or more of the

Aggressive Dog conditions provided that there have been no further incidents of aggression since

the notice, and the dog has not given the Animal Control Officer grounds to believe it is likely to

cause injury to an animal or human. In addition, the owner and the dog must successfully

complete a course taught by a recognized and accredited institution or trainer designed to 82


June 1, 2017

Page 5

mitigate aggressive behaviour in dogs. Documented proof of successful completion of such a

course must be provided to the Animal Control Officer or Bylaw Services Manager.

A dog that has been granted relief and is subsequently involved in an aggressive incident which

qualifies it as aggressive shall not be granted further relief.

Due to the change in the muzzling requirement there may be some dogs that meet the definition

of Aggressive Dog under the current Bylaw that may have grounds to appeal that their dog no

longer requires muzzling. The Bylaw Department would notify dog owners by letter of the

changes to the Animal Control Bylaw with regards to Aggressive Dogs. This may cause an initial

influx of administrative work but this will likely stabilize once the appeals have been heard and

processed. This appeal process provides that the appeals be heard by the Animal Control Officer

and Bylaw Services Manager thereby eliminating the potential issue of lengthy appeals going to

Council.

Dangerous Dogs

The new Bylaw adopts the Community Charter definition of Dangerous Dog and establishes

conditions for keeping such dogs. This has proven necessary because of the recent trend that has

seen British Columbia courts refuse destruction applications for Dangerous Dogs and direct that

such dogs be returned to their owners with conditions. Port Coquitlam currently has two

Dangerous Dogs that were returned to the owners with conditions. In British Columbia, local

governments have the authority to establish further conditions that regulate the keeping of

Dangerous Dogs. The summary of the proposed changes are:

Owners of Dangerous Dogs will be responsible for boarding costs while the dog is in the

custody of the Poundkeeper awaiting a decision on a destruction application;

Dangerous Dogs will not be allowed in the City’s off leash parks;

Dangerous Dogs must be under the care and control of an adult when in public;

Dangerous Dogs must be secured to a non-retractable leash of fixed length when in

public;

Owners of Dangerous Dogs must post a prescribed warning sign at each entrance to their

property;

Dangerous Dogs must be identified through a tattoo or microchip insertion and the details

reported to the City.

Licensing of Dogs

Dogs Owned by Minors

The current Bylaw is silent about issuing dog licences to minors. A dog owner is legally

responsible for the dog and for complying with the Bylaw and other animal-related legislation.

When an animal-related bylaw offence occurs, the City is obliged to follow established legal

processes in dealing with the dog owner. The processes of issuing a ticket or applying for a 83


June 1, 2017

Page 6

court order are complicated if the respondent is a minor. In many jurisdictions, the issuance of a

dog licence is restricted to persons who have reached the age of majority. It is recommended

that the Port Coquitlam Bylaw be amended to include the same provision so that the owner

obtaining a licence must be 18 years of age.

In Port Coquitlam, all dogs must be licensed with fees payable to the City. Licences are issued

through the Tax Department for the calendar year with an automatic expiry date of December

31st. Under the current Bylaw, owners who keep their dogs after December 31st must apply to

renew the licence by no later than March 1st of the following year. The Bylaw further provides

that dog licence applications received after March 1st in any calendar year are subject to a

$15.00 surcharge. The new Bylaw proposes that the date of March 1 be replaced with February

1 with the 15.00 surcharge being added after Feb 1. The reason for this change is that March 1 is

the due date for utilities in taxes with customers often having to wait in long lines to pay their

dog license fees as well as longer wait times for those wishing to pay their utility fees.

Kennel Lcences

The current Bylaw provides that a person who intends to keep more than three dogs on a parcel

(which is lawful only in the agricultural zone) must apply to the Council for a kennel licence.

Before issuing a kennel licence, Council may request an inspection report from the BC SPCA

regarding the condition of the kennel and its suitability for keeping dogs. Although it is not

specified in the Bylaw, there is also an obligation to confirm that a kennel use complies with the

schedule of permitted uses under the Zoning Bylaw. As noted, that means verifying that the

property has Agricultural Zoning.

The specific wording of the Bylaw has caused some confusion. It appears to require that Council

itself meet as an administrative body in order to consider a kennel licence application. The

implication is that Council has discretion to approve or refuse the application; for example, if the

issuance of a kennel licence were held to be against the public interest. In fact, no such

discretion exists. If the BC SPCA inspection report is satisfactory and the zoning is appropriate,

a kennel licence must be issued.

The recommended fix is to amend the section to refer to “the City” instead of “the Council.”

Farm Animal

S. 15.3 be amended to include the Animal Control Officer as having the authority to impound

any farm animal at large.

Beekeeping

A beekeeping section (S.17) has been added to the proposed Bylaw to regulate the keeping of

bees in residential areas consistent with the amendments made to Zoning Bylaw No. 3630. This

includes the keeping of bees in an approved apiary as per the Bee Act, providing an adequate

water source for bees, maintaining bees in such a manner as to prevent swarming and aggressive

behaviour as well as keeping a beehive that is inaccessible to wildlife. 84


June 1, 2017

Page 7

Enforcement

The schedule of ticket fines under the Bylaw Notice Enforcement Bylaw No. 3814 and the

Ticket Utilization Bylaw No. 2743 have been significantly expanded, almost entirely due to

proposed offence categories involving Aggressive Dogs and Dangerous Dogs. The highlights:

A fine for an Aggressive Dog at large, or an Aggressive Dog off leash in a public place

(a serious and recurring problem); and the same for Dangerous Dogs;

Fines for an owner failing to report the transfer/death of an Aggressive or Dangerous Dog

to a new owner;

New fines for an owner failing to report an Aggressive Dog or Dangerous Dog running at

large;

New fines for having an Aggressive or Dangerous Dog in a designated off leash area;

New fines for failure to post and maintain prescribed warning signs for a Dangerous Dog;

New fines have also been added for keeping a dog in a confined space without adequate

ventilation;

New fines for failing to keep a female dog in heat enclosed on the owners property.

Repeal of Health Bylaw No. 908

The Port Coquitlam Health Bylaw, adopted in 1969, should be repealed as it is will be redundant

with the adoption of the new Animal Control Bylaw.

_______________________________

Paula Jones,

Manager of Bylaw Services

Attachment 1 – Animal Control Bylaw No. 3990

Attachment 2 – Bylaw Notice Enforcement Bylaw Amendment No. 4019

Attachment 3 – Ticket Information Utilization Bylaw Amendment No. 4020

Attachment 4 – Fees & Charges Bylaw Amendment No.4021

Attachment 5 – Existing Animal Control Bylaw (with tracked changes)

Attachment 6 – Existing Animal Conrol Fees & Charges transferred to Fees & Charges Bylaw

(as new Schedule M) 85

399670

1

THE CORPORATION OF THE

CITY OF PORT COQUITLAM

BYLAW NO. 3670 3990

A Bylaw to regulate the keeping of animals in the City

and to provide for the operation of a Pound facility

WHEREAS under the provisions of the Community Charter, the Council is given broad powers has

authority to regulate and prohibit the keeping of certain animals within the Municipality;, to

provide for the licensing of animals and to provide for the seizure and impoundment of animals;

AND WHEREAS it is considered both desirable and expedient to establish a pound, regulate the

operations of the said Pound, and to regulate and prohibit the keeping of certain animals within the

municipality;

NOW THEREFORE the Municipal Council of the Corporation of the City of Port Coquitlam, in

open meeting assembled, enacts as follows:


1. CITATION

1.1.1 This Bylaw may be cited for all purposes as the "Animal Control Bylaw, 20092017, No.

367039970”.

2. DEFINITIONS

2.1 In this Bylaw:

Aggressive Dog means a Dog:

(ia) a Dog with a known propensity, tendency or disposition to attack without provocation,

cause injury or otherwise threaten the safety of humans or Domestic Animals; that has,

without provocation, bitten, inflicted a minor injury or assaulted, pursued or harassed a

person or another animal or has demonstrated a propensity, tendency or disposition to do so;

or

(iib) a Dog which has, without provocation, bitten, inflicted injury, assaulted, pursued or

otherwise attacked a human or Domestic Animal; that the Animal Control Officer has

reasonable grounds to believe is likely to cause injury to a human or another animal.

Formatted: Font: Italic


Formatted: Numbered + Level: 1 +Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.25" + Indentat: 0.5"


86

399670

2

(iii) a Dog which is owned primarily or in part for the purpose of Dog fighting or has been or is

being trained for Dog fighting.

Animal Control Officer means a person appointed by the Council from time to time for the

purpose of enforcing this Bylaw, and includes a Bylaw Enforcement Officer; authorized to

administer and enforce this Bylaw and includes:

(a) a Bylaw Enforcement Officer;

(b) the person appointed by Council to be the Bylaw Services Manager; and

(c) any person appointed by resolution under section 4.1(b) of this Bylaw.

At large means, :

(a) in reference to a Domestic Animal other than a spayed or neutered Cat, that the an animal

that is not in or upon on the premises of its Owner and is not under the care and control of

its Owner, ; or

(b) and, in the case of Dogs a Dog , that the a Dog that is not on the premises of its Owner and

is either not secured on a leash to its Owner while off the property of its Owner;or is not

under the care and control or its Owner while in an Off Leash Area.

BC SPCA means the British Columbia Society for the Prevention of Cruelty to Animals;.

Bylaw Services Manager means the person appointed as Bylaw Services Manager or the

designate.

Cat means any animal of the species felis domesticus irrespective of sex or age;catus.

City means the lands within the municipal boundaries of the City of Port Coquitlam, or the

Corporation of the City of Port Coquitlam, as the context may require;requires.

Dangerous Dog means a Dangerous Dog as defined in the Community Charter;.

Dog means any animal of the species canis familiaris. irrespective of sex or age;

Dog Owner means any person who owns or has in his or her possession a Dog, or any person

harbouring or allowing a Dog to remain about his or her house or premises;

Domestic Animal means any animal tamed and kept as a domestic pet, and includes a Dog or

Cat but does not include a Farm Animal. as defined in this Bylaw;

Dwelling Unit means a single-family dwelling, townhouse, condominium, or apartment.

Enclosure means a fence or structure at least 1.8 metres m in height,enclosed on all sides,

lockabe, and suitable to confine an Aggressive Dog or Dangerous Dog and prevent the entry of

young children.

Formatted: Numbered + Level: 1 +Numbering Style: a, b, c, … + Start at: 1 +Alignment: Left + Aligned at: 1" + Indent at: 1.25"

Formatted: Numbered + Level: 1 +Numbering Style: a, b, c, … + Start at: 1 +Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"

Formatted: Font: Bold


87

399670

3

Farm Animal means any cattle, horse, sheep, goat, swine, donkey, mule, or llama; , any fowl

or poultry; , pigeon, any rabbit, hare, mink, or otter; and includes without limitation any other

animal raised for food or for the use of humans., but does not include bees.

Kennel means includes a parcel where four or more Dogs are kept;.

Leash means a strap or cord of sufficient strength and design to restrain a Dog.

Minor Injury means a physical injury to a person or Domestic Animal that consists of pinches,

minor localized bruising, scratches, or minor lacerations.

Muzzled means wearing a device that humanely secures the mouth of a Dog so as to prevent

the Dog from biting.

Neutered Male Dog means any Dog of the male sex certified by a Veterinarian as unable to

reproduce;.

Off Leash Area means an area designated by the Director of Engineering & Public Works in

which a Dog may be present without being secured by a Leash to a person.

Owner means any person who owns, keeps, harbours, or has in his or her possession or custody

a Domestic Animal or Farm Animal, and includes, or any person harbouring or allowing a

Domestic Animal to remain about his or her house or premises;.

Permanent Identification means identification for a Domestic Animal or Farm Animal in the

form of a visible tattoo or a microchip that contains the contact information of the Owner.

Pound means the premises, including land and buildings where animals impounded or received

under this Bylaw are to be kept;.

Poundkeeper means the person appointed from time to time under this Bylaw for the purpose

of operating the Pound and enforcing and carrying out provisions of this Bylaw related to the

impoundment of Dogs, other Domestic Animals, and Farm Animals;.

Spayed Female Dog means any Dog of the female sex certified by a Veterinarian as unable to

reproduce;.

Veterinarian means any certified member of the Canadian Veterinarian Association.

3. ESTABLISHMENT OF POUND

3.1 The Council may by resolution from time to time designate premises, either within the City or

within another municipality, as the City’s pound.







88

399670

4

4. Before designating premises within another municipality as the City’s pound, the Council shall

first obtain consent to such designation from the Council of that municipality.

4. APPOINTMENT OF POUNDKEEPER AND ANIMAL CONTROL OFFICERS

5.4.1 The Council may by resolution from time to time appoint:

(a) a Poundkeeper to operate and maintain the Pound for and on behalf of the City.; and

(b) persons to administer and enforce this Bylaw.

6.4.2 The Council may enter into an agreement with the Poundkeeper for the provision of

poundkeeping and related services.

5. POWERS OF POUNDKEEPER

7.5.1 The Poundkeeper has the following powers under this Bylaw:

(a) to employ such employees and agents as the Poundkeeper deems necessary to enable it to

carry out its powers and duties pursuant to this Bylaw;

(b) to appoint employees or agents as assistant Poundkeepers for the purpose of fulfilling the

requirements of this Bylaw;

(c) to take into impoundment any Domestic Animal or Farm Animal found in a place or in such

circumstances as to constitute a violation of this Bylaw;

(d) to retain any impounded Domestic Animal or Farm Animal for the prescribed period unless

the Domestic Animal or Farm Animal is sooner claimed by its Owner in accordance with

this Bylaw;

(e) where an impounded Domestic Animal remains unclaimed by its Owner for more than the

prescribed period, to either cause the Domestic Animal to be destroyed or, and provided the

Domestic Animal is not diseased and is not an Aggressive Dog or Dangerous Dog, to offer

the Domestic Animal to the general public for adoption;

(f) to issue Dog licences and to assess, levy and collect all fees, fines, charges and other

amounts prescribed by this Bylaw; and

(g) to administer and enforce the provisions of this Bylaw related to poundkeeping.

8. The Poundkeeper may refuse to accept a Domestic Animal for impoundment from any person

other than an Animal Control Officer, Bylaw Enforcement Officer, or police officer unless he

receives satisfactory proof that the Domestic Animal by its condition or its situation is subject

to impoundment under the provisions of this Bylaw.


Formatted: Numbered + Level: 1 +Numbering Style: a, b, c, … + Start at: 1 +Alignment: Left + Aligned at: 0.04" + Indentat: 0.29"


89

399670

5

6. FEES AND CHARGES

6.1 The scale of fees and charges applicable to services provided under this Bylaw is set out in the

Fees & Charges Bylaw No. 3892, as amended from time to time.

DUTIES OF POUNDKEEPER

9. The Poundkeeper has the following duties under this Bylaw:

(a) to insure that all Domestic Animals kept in the Pound receive humane treatment, including:

(i) adequate living conditions;

(ii) adequate food and water,

(iii) medication or veterinary treatment where necessary to protect other Domestic Animals

in the Pound, provided that the requirement for veterinary treatment does not extend to

the need to provide major surgical or life-saving procedures,

(b) to maintain and make available upon request of the City, adequate records of all Domestic

Animals impounded by the Poundkeeper and all Domestic Animals retained in the Pound;

(c) to maintain the operation of the Pound from 9:00 a.m. to 6:00 p.m., seven days per week.

(d) to remit to the City all fees, fines, charges or other monies collected pursuant to this Bylaw

or in accordance with any agreement entered into pursuant to this Bylaw.

(g) to verify that an impounded Dog is properly licensed before it is returned to its Owner.

10. If the Poundkeeper should fail to perform any of the duties required of him or her by this

Bylaw, or should perform the duties in a negligent or fraudulent manner, Council may, by

resolution, rescind the appointment as Poundkeeper and appoint a successor to the position of

Poundkeeper.

APPOINTMENT OF ANIMAL CONTROL OFFICER

11. The Council may by resolution from time to time appoint one or more Animal Control Officers

to administer and enforce the provisions of this Bylaw.

7. POWERS OF ANIMAL CONTROL OFFICER

12.7.1 Pursuant to section 16 of the Community Charter An an Animal Control Officer may at all

reasonable times enter on and inspect private property within the City in order to ascertain

whether the provisions of this Bylaw is being complied with observed.

13.7.2 Where the Animal Control Officer identifies any Domestic Animal being kept contrary to this

Bylaw, including any a Dog that is not licensed as required by this Bylaw, the Animal Control


Formatted: Indent: Left: 0", First line: 0"



90

399670

6

Officer may impound such Domestic Animal the Dog or exercise any other authority granted to

the Animal Control Officer by this Bylaw.

14.7.3 An Animal Control Officer, Bylaw Enforcement Officer or a police officer may, on behalf of

the City, exercise the authorities in the Community Charter regarding Dangerous Dogs. as

defined therein.

15.7.4 Where an Animal Control Officer determines that a Dog is an Aggressive Dog or a Dangerous

Dog, the Animal Control Officer may by written notice order direct the Owner to keep the Dog

confined to the Owner's property, or to property within the control of the Owner, and to comply

with the other requirements of this Bylaw regarding Aggressive Dogs or Dangerous Dogs.

16. Where an Animal Control Officer determines that a Domestic Animal is diseased and that such

disease may pose a danger to other Domestic Animals, Farm Animals or humans, the Animal

Control Officer may by written notice order the Owner of such Domestic Animal to keep the

same confined to the Owner's property or to property within the control of the Owner;

17. Where a person fails to comply with an order made by the Animal Control Officer pursuant to

section 14 or 15 of this Bylaw, the Animal Control Officer may forthwith impound the

Aggressive Dog or diseased Domestic Animal.

18. Where an Aggressive Dog or diseased Domestic Animal is impounded pursuant to section 16 of

this Bylaw, the Animal Control Officer shall, within 96 hours of such impoundment, apply to

the Provincial Court for an order directing that the Aggressive Dog or diseased Domestic

Animal be destroyed;

19. Where an application to the Provincial Court is made pursuant to section 18 of this Bylaw, the

Animal Control Officer shall provide the Owner of the Aggressive Dog or diseased Domestic

Animal with not less than 24 hours written notice of the application date and time in order that

the Owner may have the opportunity to speak to the application for an order for destruction;

20. A notice issued pursuant to section 19 of this Bylaw shall be deemed to have been received by

the Owner if served in accordance with the following procedures:

(a) if the name and address of the Owner is known to the Animal Control Officer, by delivery of

the notice by hand, by courier, or by registered mail to the Owner at that address; or

(b) where the name and address is not known to the Animal Control Officer, by leaving a copy

of the notice with any adult person at the address from which the Aggressive Dog or diseased

Domestic Animal was seized and impounded or, where an adult is not present at that address,

by affixing a copy of the notice to any entry door of the premises at such address;

91

399670

7

8. CONTROL OF DOGS

21.8.1 Every Owner of a Dog shall prevent the Dog from being or running at large At Large.

22.8.2 Every Owner of a Dog shall keep the Dog from trespassing upon private property whether

running at large At Large or held on a leash Leash secured to its Owner.

23.8.3 Where a Dog leaves or deposits any excrement on any public place or private property other

than the property of the Owner, the Every Owner of a Dog shall immediately take steps to

remove such excrement left or deposited by the Dog and dispose of it in a lawful and sanitary

manner.

24.8.4 Every Owner of a female Dog in heat shall confine the Dog within the Owner's premises,

within premises under the Owner's possession and control, or within an Enclosure contained

within on the Owner's property. provided that such property is fenced or secured so as to

prevent any Dog from gaining access to the Kennel.

8.5 No person may cause, permit, or allow an animal to be confined in an enclosed space, including

a motor vehicle or boat, unless there is adequate ventilation.

9. OFF-LEASH AREAS

9.1 Every person who utilizes an Off Leash Area for their Dog shall comply with the requirements

of this Bylaw and with the applicable regulations established and posted by the City at the Off

Leash Area.

9.2 When in an Off Leash Area, a Dog shall at all times be under the care and contril of a person

responsible for the Dog(s).

9.3 No person shall at any time have custody of more than three (3) Dogs in an Off Leash Area.

9.4 An Owner of a Dog shall maintain visual contact with the Dog at all times when the Dog is in

an Off Leash Area.

9.5 No Owner shall permit a female Dog that is in heat to be in an Off Leash Area.

9.6 No Owner shall permit an Aggressive Dog or a Dangerous Dog to be in an Off Leash Area.

9.7 If a Dog displays aggressive behavior toward a person or another Dog while in an Off Leash

Area, the Owner of the Dog shall immediately secure the Dog to a Leash and remove the Dog

from the Off Leash Area.

9.8 The Animal Control Officer may impound from an Off Leash Area any Dog that is not under

the care and control of its Owner.







Formatted: Indent: Left: 0", Hanging: 0.25"








92

399670

8

10. AGGRESSIVE DOGS

25.10.1 No person shall keep or own any diseased or Aggressive Dog within the City unless the

Dog is kept sufficiently secured so as to prevent it from endangering the safety of any person or

other animal. If an Animal Control Officer determines that a Dog by its behavior or

tremperament is an Aggressive Dog as defined in this Bylaw, the Animal Control Officer may

issue a notice of that determination to the Owner of the Dog.

26.10.2 No Owner of an Aggressive Dog shall permit or allow the Dog to be on any highway or

in any public place or any other place that is not owned or controlled by that person, unless the

Dog is secured on a leash to its Owner and muzzled to prevent it from biting another animal or

a human. Upon receipt of a notice under section 10.1, the Owner of the Dog shall comply with

the provisions of this Bylaw regarding Aggressice Dogs set out in sections 10.3 to 10.10.

27.10.3 Every Owner of an Aggressive Dog shall, at all times while the Dog is on the premises

owned or controlled by such person, keep the Dog securely confined either indoors, or outdoors

in an Enclosure that is kept locked at all times except when the Dog is being placed in or taken

from the Enclosure. Every Owner of an Agressive Dog shall, within fourteen (14) days of

receipt of a notice under section 10.1, cause the Aggressive Dog to be marked with Permanent

Identification by a Veterinarian, and shall immediately forward the corresponding identification

information to the Animal Control Officer prior to a licence being issued for that Aggressive

Dog.

28.10.4 Every person who owns, keeps, or has custody or control of an Aggressive Dog

shall immediately notify an Animal Control Officer, Bylaw Enforcement Officer, the

Poundkeeper, or a police officer when that Dog is at large. Every Owner of an Aggressive Dog

shall, at all times while the Dog is on the premises owned or controlled by such person, keep

the Dog securely confined either indoors, or outdoors in an Enclosure that is kept locked at all

times except when the Dog is being placed in or taken from the Enclosure.

29.10.5 Subject to section 14, if an Animal Control Officer or Bylaw Enforcement Officer

receives sufficient evidence that a Dog by its behaviour or temperament qualifies as an

Aggressive Dog as defined in this Bylaw, the Animal Control Officer or Bylaw Enforcement

Officer may issue a corresponding notice of designation to the Owner of the Dog. No Owner of

an Aggressive Dog shall permit or allow the Dog to be on any highway or in any public place or

any other place that is not owned or controlled by that person, unless the Dog is secured to a

responsible adult on a non-retractable Leash that is no more than 1.2 m in length.

30.10.6 Upon receipt of a notice under the preceding section, the Dog Owner shall comply with

the provisions of this Bylaw regarding Aggressive Dogs. No Owner of an Aggressive Dog shall

permit the Aggressive to be in any area designated by the City as an Off Leash Area.

31.10.7 An appeal from a designation made under section 29 lies to the Council or to a duly

authorized subcommittee of the Council. No person shall keep or own any Aggressive Dog

Formatted: Font: Not Bold

Formatted: Left, Indent: Left: 0", Hanging: 0.5", Allow hanging punctuation, FontAlignment: Auto, Tab stops: Not at 0.75" + 1.17" + 1.67" + 3.42" + 4.08" + 4.42"


93

399670

9

within the City unless the Dog is kept sufficiently secured so as to prevent it from endangering

the safety of any person or other animal.

10.8 Every person who owns, keeps, or has custody or control of an Aggressive Dog shall

immediately notify an Animal Control Officer, the Poundkeeper, or a police officer when that

Dog is At Large.

10.9 Every Owner of an Aggressive Dog shall notify the Animal Control Officer in writing within

three (3) days should the Aggressive Dog pass away, be sold, transferred, or gifted.

10.10 Every Owner of an Aggressive Dog who transfers ownership of the Aggressive Dog to another

person shall provide the recipient with all notices received under this Bylaw.

Aggressive Dogs requiring Muzzling

10.11 If an Animal Control Officer determines that a Dog is an Aggressive Dog that has without

provocation, bitten, inflicted minor injury, assaulted, pursued or harassed a person or another

animal on more than one occasion,; or believes the circumstances warrant, the Animal Control

Officer may issue a notice that the Dog, in addition to all other requirements applicable to

Aggressive Dogs, shalle be muzzled whenever the Dog is in a public place.

10.12 No Owner of an Aggressive Dog for which a notice under section 10.11 has been issued, may

allow that Aggressive Dog to be unmuzzled in a public place.

Applications to be Relieved from Aggressive Dog Requirements

10.13 The Owner of an Aggressive Dog may, no sooner than twelve (12) months after receipt of a

notice under section 10.1 or section 10.11 of this Bylaw, apply in writing to the Animal Control

Officer for relief from one or more of the conditions of this Bylaw applicable to the keeping of

Aggressive Dogs.

10.14 Upon receipt of a written application under section 10.13, the Animal Control Officer or Bylaw

Services Manager may, having regard to the circumstances, grant relief from one or more of the

conditions of this Bylaw applicable to the keeping of Aggressive Dogs, provided that:

(a) there have been no further incidents of aggression by the Dog in the period since the

issuance of a notice under section 10.1 or section 10.11 of this Bylas;

(b) the Dog has not, in the same period, given the Animal Control Officer any grounds to

believe that the Dog is likely to cause injury to an animal or a human; and

(c) proof and documentation is provided that the Owner of the Dog has successfully completed

a course by a recognized and accredited institution or trainer to address the Dog’s

aggressive behavior.

10.15 If a Dog for which relief has been granted pursuant to section 10.13 is involved in a subsequent

incident that qualifies it as an Aggressive Dog, and a corresponding notice is issued by the


Formatted: Font color: Red




94

399670

10

Animal Control Officer, no further relief shall be granted from the conditions of this Bylaw

applicable to the keeping of Aggressive Dogs.

11. DANGEROUS DOGS

11.1 If an Animal Control Officer determines that a Dog by its behavior or temperament qualifies as

a Dangerous Dog, the Animal Control Officer may, in addition to any action taken under the

Community Charter, issue notice of that determination to the Owner of the Dog.

11.2 Upon receipt of a notice under section 11.1, the Owner of a Dangerous Dog shall comply with

the provisions of the Bylaw regarding Dangerous Dogs.

11.3 Every Owner of a Dangerous Dog shall post a clearly visible sign in the form shown as

Schedule A at all points of entry onto any premises where the Dangerous Dog is being kept,

temporarily or permanently, and ensure that the signs so posted are maintained in a legible

condition.

11.4 On the first day that City Hall is open for business:

(a) after a notice has been issued regarding a Dangerous Dog;

(b) after a person becomes the Owner of a Dangerous Dog; or

(c) after an Owner requests the release of a Dangerous Dog in accordance with an order of the

court;

the Owner of the Dangerous Dog shall attend at City Hall and pay the annual licence fee for the

Dangerous Dog and have the Dangerous Dog photographed by the Animal Control Officer, who shall

retain the photograph at City Hall for identification purposes.

11.5 Every Owner of a Dangerous Dog shall notify the Animal Control Officer in writing within

three (3) days should the Dangerous Dog pass away, be moved, sold, gifted or transferred to

another person.

11.6 Every Owner of a Dangerous Dog who transfers ownership of a Dangerous Dog to another

person, shall provide the recipient with copies of all notices received under this Bylaw.

11.7 Every Owner of a Dangerous Dog shall, within three (3) days of receipt of a notice under

section 11.1 of this Bylaw, cause the Dangerous Dog to be marked with Permanent

Identification by a Veterinarian, and shall immediately forward the corresponding identification

information to the Animal Control Officer prior to a licence being issued for that Dangerous

Dog.

11.8 Every Owner of a Dangerous Dog shall, at all times while the Dog is on the premises owned or

controlled by the Owner, keep the Dog securely confined either indoors, or outdoors in an

Enclosure that is kept locked at all times except when the Dog is being placed in or taken from

the Enclosure.




95

399670

11

11.9 No Owner of a Dangerous Dog shall permit or allow the Dog to be on any highway or in any

publing place or any other place that is not owned or controlled by that person, unless the Dog

is muzzled and secured to a responsible adult on a non-retractable Leash that is no more than

1.2 m in length.

11.10 The Owner of a Dangerous Dog shall ensure that the Dog does not;

(a) chase, injure or bite a person;

(b) chase, injure or bite a Domestic Animal or a Farm Animal;

(c) run or be At Large; or

(d) damage private or public property.

11.11 The Owner of a Dog that is seized by the Animal Control Officer as a Dangerours Dog pursuant

to the Community Charter and held in custody by the City pending an application for a

destruction order shall pay the impoundment and daily board fees established and prescribed by

this Bylaw.

11.12 If an application by the City pursuant to the Community Charter does not result in the granting

of a destruction order for a Dangerous Dog, and custody of the Dangerous Dog is returned to a

person, that person shall immediately comply with the provisions of this Bylaw regarding

Dangerous Dogs.

11.13 A Dangerous Dog shall not be released to its Owner until the Owner has paid all fees incurred

in relation to the Dangerous Dog and the Animal Control Officer has verified compliance with

sections 11.4 and 11.7 of this Bylaw.

11.14 No person who has not attained the age of eighteen (18) years shall possess or have custody of a

Dangerous Dog while the Dog is off the property of its Owner.

11.15 Every person who owns, keeps, or has custody of a Dangerous Dog shall immediately notify

and Animal Control Officer, the Poundkeeper, or a police officer when that Dog is At Large.

11.16 No Owner of a Dangerous Dog shall permit the Dog to be in any area designated by the City as

an Off Leash Area.

12. LICENSING OF DOGS

32.12.1 No person shall own, keep, or possess within the City any Dog over the age of six (6)

months unless a current licence has been issued for the Dog pursuant to this Bylaw.

12.2 No Dog licence shall be issued to any person who has not attained the full age of eighteen (18)

years.





96

399670

12

33.12.3 Every Owner of a Dog shall, on or before March February 1st of each year or as soon

thereafter as such Dog shall attain the age of six (6) months, apply to the City or the

Poundkeeper to license the Dog for that calendar year.

12.4 Every Owner of a Dog shall, within thirty-one (31) days of acquiring the Dog or within thirty-

one (31) days of the Owner having established residence in the City, apply to the City or the

Poundkeeper to licence the Dog for that calendar year.

34.12.5 The City shall maintain a record of each Dog licence issued, and for the purpose of

identification, such record shall include: the name of the Owner; the address of the Owner;

phone number of the Owner and a general description of the Dog including the sex, colour,

breed if known; and the name given to the Dog by the Owner.

12.6 Except as otherwise provided by this Bylaw, every application for a licence shall be

accompanied by a licence fee as prescribed by the Fees & Charges Bylaw No. 3892 as amended

from time to time.

12.7 Where the Owner of a Dog that is licensed under this Bylas sells, gives away, or otherwise

disposes of the Dog, and ceases to be the Owner of the Dog, the licence for that Dog is

automatically cancelled unless the licence is transferred to a new Owner as provided by this

Bylaw.

12.8 An Owner who acquires a licensed Dog from another Owner or who moves to the City with a

licensed Dog from another jurisdiction and who applies to license the Dog under this Bylaw

may have the licence fee waived upon surrender of the Dog’s licence tag for the same year

issued by another jurisdiction or to a previous owner. The new licence shall expire at the end of

the current calendar year as provided in this Bylaw.

12.9 Every person applying for a licence for a Neutered Male Dog or Spayed Female Dog shall

present to the City a certificate in writing from a Veterinarian certifying that the Dog is unable

to reproduce.

12.10 Every person who obtained a licence for an unneutered male Dog or unsprayed female Dog

may, before the expiration of the licence period and within six (6) months of the purchase of the

licence, present to the City a certification from a Veterinarian certifying that the Dog is unable

to reproduce, in which case the Owner shall be entitled to a refund of the difference between the

fee charged for a spayed or neutered Dog and the fee charged for a Dog which is not spayed or

neutered.

35. Every application for a licence shall be accompanied by a licence fee as follows:

(a) For each Neutered Male Dog or Spayed Female Dog, a fee of $32.00;

(b) For all other male or female Dogs, a fee of $80.00.








97

399670

13

36. For licences applied for after March 1st of any year, a $15.00 penalty fee will be assessed in

addition to the fees prescribed in section 35, provided that such a penalty will not apply where:

(a) satisfactory evidence is provided to confirm that the Dog for which the licence is sought

attained the age of six (6) months within 30 days of the application date; or

(b) satisfactory evidence is provided to confirm that the Owner established residence in the City

within 30 days of the application date; or

(c) satisfactory evidence is provided to confirm that the Dog for which the licence is sought

was acquired by the Owner within 30 days of the application date.

37. No licence fee shall be charged to the Owner of a certified guide Dog or certified assistance

Dog.

38. Where an Owner has taken up residence in the City within the current year and possesses a Dog

that is currently licensed in another jurisdiction, the Owner shall be issued a City Dog licence

without charge upon application for same and upon surrender of the old licence tag to the City.

39. Every person applying for a licence for a Neutered Male Dog or Spayed Female Dog shall, in

order to qualify for the licence fee applicable to such a Dog, present a certificate in writing from

a Veterinarian certifying that the Dog is unable to reproduce.

40. Every person who has obtained a licence for an unneutered male Dog or unspayed female Dog

may, before the expiration of the licence period and within six months of the purchase of the

licence, present to the City a certificate from a Veterinarian certifying that the Dog is unable to

reproduce, in which case the Owner shall be entitled to a refund of the difference between the

fee charged for a spayed or neutered Dog and the fee charged for a Dog which is not spayed or

neutered.

41.12.11 Every licence issued pursuant to this bylaw Bylaw shall expire on December 31st of the

year of issue.

42. The City shall issue a licence tag for each Dog licensed under this Bylaw.

43. Every licence tag shall be distinguished by a serial number, which shall be clearly marked on

the tag together with the calendar year for which the tag has been issued.

12.12 The City shall issue a licence tag with serial number for each Dog licensed under this Bylaw.

44.12.13 Every Owner of a licensed Dog shall cause the Dog to wear around its neck a suitable

collar to which the licence tag shall be attached.

45. The replacement fee for a lost or defaced licence tag is $5.00.

46.12.14 Subject to sections 56 and 57 Section 12.1 of this Bylaw, no person other than does not

apply to the Poundkeeper, an Animal Control Officer, Bylaw Enforcement Officer, or a police



98

399670

14

officer, during the performance of his or her duties. under this Bylaw, shall keep, possess, or

harbour any unlicensed Dog within the City.

47. Where the Owner of a Dog that is licensed under this Bylaw sells, gives away, or otherwise

disposes of the Dog, and ceases to be the Owner of the Dog, the licence for that Dog is

automatically cancelled.

13. KENNELS

13.1 The use of land or buildings or other premises as a Kennel is subject to the provisions of the

Zoning Bylaw No. 3630, as amended from time to time.

48.13.2 No person, or owner, tenant or occupier of real residential property shall keep or

permit to be kept more than three Dogs in or at an individual Dwelling Unit. within the City.

49. No person, or owner, tenant or occupier of real property shall keep or permit to be kept more

than three Dogs on or at an individual parcel within the City.

50. The use of land or buildings or other premises for Kennel purposes is subject to the provisions

of the Zoning Bylaw No. 3630, as amended from time to time.

51.13.3 No person shall operate a Kennel within the City unless he that person has applied for

and received from the Council City a licence for that purpose.

52.13.4 Before issuing a Kennel licence to an applicant the Council City may request an

inspection report from the branch of the BC SPCA having jurisdiction within the City.

53.13.5 If the premises that are the subject of the Kennel licence application are reported by the

BC SPCA to be unsuitable for the operation of a Kennel, the Council may refuse the Kennel

licence application may be refused.

54. The licence fee for a Kennel is $100.00 regardless of the number of Dogs kept therein.

55.13.6 In addition to the provisions of this Bylaw, Kennels operating on a commercial basis are

subject to the provisions of the Business Bylaw No. 34533725 as amended from time to time.

14. IMPOUNDMENT OF DOGS

56.14.1 Any person, including The the Poundkeeper, an Animal Control Officer, Bylaw

Enforcement Officer, and a police officer or other person may seize any Dog found at largeAt

Large in the City.

57.14.2 Any person who seizes a Dog pursuant to the preceding section shall as soon as possible

deliver such Dog to the Poundkeeper for impoundment. , who shall impound and keep the Dog

as provided in this Bylaw.



99

399670

15

14.3 The Poundkeeper, an Animal Control Officer and a police officer may seize any Dog over the

age of six (6) months that does not have a current licence.

58.14.4 A Dog is deemed to be impounded as soon as it is seized by the Poundkeeper, an

Animal Control Officer, Bylaw Enforcement Officer or police officer. and all All related

fees and penalties in this Bylaw apply to such impoundment.

59. When complaint is made to the Animal Control Officer that a Dog is diseased, he or she shall

investigate the matter, and if he or she is satisfied that such complaint is well-founded, shall

request the Dog Owner to destroy such Dog or to keep it in confinement on his or her own

premises.

60. In case of non-compliance of the Owner with a request under the preceding section, the Animal

Control Officer may seize and impound the Dog and within 48 hours of such impoundment the

Animal Control Officer or Poundkeeper shall apply to the Provincial Court for an order

directing that the Dog be destroyed.

61. Where an application to the Provincial Court is made pursuant to section 60 of this Bylaw, the

Animal Control Officer shall provide the Owner of the diseased Dog with not less than 24

hours written notice of the application date and time in order that the Owner may have the

opportunity to appear at and speak to the application for an order for destruction.

62. The Animal Control Officer or the Poundkeeper shall give or send to the Owner of such Dog a

written notice of intention to apply for the said destruction order at least 24 hours prior to the

said application being made, and an opportunity shall be given to the said Owner to show cause

why such order should not be granted.

63. A notice issued pursuant to section 60 of this Bylaw shall be deemed to have been received by

the Owner if served in accordance with the following procedures:

(a) if the name and address of the Owner is known to the Animal Control Officer, by delivery of

the notice by hand, by courier, or by registered mail to the Owner at that address; or

(b) where the name and address is not known to the Animal Control Officer, by leaving a copy

of the notice with any adult person at the address from which the diseased Dog was seized and

impounded or, where an adult is not present at that address, by affixing a copy of the notice to

any entry door of the premises at such address.

64. The Poundkeeper, Animal Control Officer, Bylaw Enforcement Officer, or police officer may

destroy at once any diseased Dog found at large in the City.

65.14.5 If an impounded Dog is not reclaimed by its Owner within 96 hours of its

impoundment, the Dog becomes the property of the City, and in that case the City may:

Formatted: Font: Bold, Italic

100

399670

16

(a) offer the Dog to the public for adoption if the Dog is not an Aggressive Dog or a Dangerous

Dog;

(b) transfer the Dog to a suitable animal welfare organization; or

(c) have the Dog humanely euthanized.

Poundkeeper may destroy the Dog or offer it to the public for sale or adoption.

66.14.6 The Owner of any unlicensed Dog impounded under this bylaw may reclaim his or her

Dog upon application to the Poundkeeper and upon proof of Ownership and upon payment of

the licence fee for the current year and the fees imposed and expenses he incurred in

impounding and maintaining such Dog, as follows: as provided in the Fees & Charges Bylaw

No. 3892, as amended from time to time.

(i) A pound fee of $100.00 for a first impoundment;

(ii) A pound fee of $150.00 for a second impoundment;

(iii) A pound fee of $200.00 for a third impoundment; and

(iv) A pound fee of $250.00 for each subsequent impoundment;

(v) A board fee of $20.00 for each day or part thereof in which a Dog is kept in the pound.

14.7 Section 14.6 does not apply to Dangerous Dogs.

67. The Owner of any licensed Dog impounded under this bylaw may reclaim his or her Dog upon

application to the Poundkeeper and upon proof of Ownership and the expenses incurred in

impounding and maintaining such Dog, as follows:



(iii) A pound fee of $150.00 for a third impoundment; and

(iv) A pound fee of $200.00 for each subsequent impoundment;

(v) A board fee of $20.00 for each day or part thereof in which a Dog is kept in the pound.

68. The Owner of any Aggressive Dog impounded under this Bylaw may reclaim his or her Dog

upon application to the Poundkeeper and upon proof of Ownership and upon payment of the

licence fee for the current year, if the licence fee has not been paid, and the expenses incurred in

impounding and maintaining such Dog, as follows:



(iii) A pound fee of $1,000.00 for each subsequent impoundment;

(iv) A board fee of $20.00 for each day or part thereof in which a Dog is kept in the pound.

69. For each Dog taken into impoundment, the Poundkeeper shall record the following information,

as applicable:

(i) the date, hour, and location of the impoundment,



101

399670

17

(ii) the breed of the Dog, if known;

(iii) a general description of the Dog, including any identifying marks or tattoos;

(iv) any microchip identification found on the Dog;

(v) any name tag or Dog licence tag.

(vi) the name and address of the Owner if known;

(vii) any fees, fines or other charges incurred in connection with the impoundment and

detention of the Dog,

(viii) the final disposition of the Dog (returned to Owner, adopted, destroyed).

70. The Poundkeeper’s impoundment records shall be open to inspection by the City at all

reasonable times.

15. FARM ANIMALS

15.1 No person shall keep a Farm Animal in any residential zone.

71. The use of land or buildings or other premises for keeping Farm Animals is subject to the

provisions of the Zoning Bylaw No. 3630, as amended from time to time.

72.15.2 No person shall allow any Farm Animal to run at large be At Large or on unfenced land

and not securely tethered or contained within the City.

73.15.3 The Poundkeeper and an Animal Control Officer may seize and impound any Farm

Animal found running at largeAt Large or on unfenced land and not securely tethered or

contained within the City. and it shall be the duty of the Poundkeeper to detain the same, until

the Owner or Owners thereof shall have paid the following sums together with any expenses

incurred in the seizing and impounding of the Farm Animal:

(a) For impounding stallions, horses, donkeys, bulls, cows, heifers, goats, rams, sheep, swine,

and mules, $35.00 each.

(b) For geese, ducks, fowl, domestic poultry, and rabbits, $10.00 each.

74. When Farm Animals are impounded under this Bylaw it shall be the duty of the Poundkeeper,

daily to furnish the same with food, water, and shelter during the whole time the Farm Animals

continue to be impounded and for this service the Owner of the Farm Animals shall be assessed

and pay to the Poundkeeper the following in addition to the impoundment and daily board fees

specified in section 73 of this Bylaw:

(a) For any cattle, horse, sheep, goat, swine, donkey, mule, or llama: $20.00 per day or part

thereof.

(b) For any fowl or poultry and any rabbit, hare, mink, or otter: $5.00 per day or part thereof.



Formatted: Indent: Hanging: 0.5", Tab stops:Not at 0.75" + 1.17" + 1.67" + 3.42" + 4.08" + 4.42"

102

399670

18

75. If the impounded Farm Animal is a milk cow, the Poundkeeper shall insure that the cow is

milked twice a day in accordance with good dairy practice. Any milk obtained may be disposed

of at the Poundkeeper's sole discretion and the Owner of the cow shall have no claim against

the Poundkeeper on this account.

76. In all cases where the Poundkeeper has impounded any Farm Animal pursuant to the provisions

of this bylaw, he shall maintain such animal at the pound for a minimum period of 96 hours.

77.15.4 The Owner of the Farm Animal may redeem the animal upon proof of Ownership and

by paying the charges prescribed in the Fees & Charges Bylaw No. 3892 of the Poundkeeper as

set out under this bylaw together with any additional expenses incurred by the Poundkeeper in

the apprehension or care of such animal.

78.15.5 Notwithstanding any charges and additional expenses imposed, should any Farm

Animal not be reclaimed at the end of the 96-hour period, it shall be lawful for the Poundkeeper

to cause such animal to be sold or destroyedhumaely euthanized, and after deducting his or her

own charges if any and the costs of any such sale, he the Poundkeeper shall pay any surplus to

the Owner, provided that if the Owner is unknown he the Poundkeeper shall pay the surplus to

the City.

16. OTHER DOMESTIC ANIMALS

79.16.1 No person shall keep:

(a) any venomous snakes;

(b) more than four (4) non-venomous snakes; or

(c) a total of more than four (4) rodents, including rats, and mice. or other rodents

in any household or on any parcel of land in the City, other than on premises licensed as a pet

shop or on school premises.

80.16.2 An Animal Control Officer or a police officer may seize any Domestic Animal At Large

other than a spayed or neutered Cat. If a Domestic Animal is off the property of its Owner and

in the opinion of the Animal Control Officer, Bylaw Enforcement Officer, police officer or

other person the said animal through its temperament, behaviour, or situation poses a danger to

other Domestic Animals, Farm Animals or humans, the Animal Control Officer, Bylaw

Enforcement Officer, police officer or other person may seize such Domestic Animal and shall

as soon as possible deliver such animal to the Poundkeeper, who shall impound and keep the

animal as provided in this Bylaw.

81.16.3 The provisions of sections 58 through 70 of this Bylaw and of the Fees & Charges

Bylaw No. 3892 regarding impoundment of Dogs also apply , with the necessary changes, to

the impoundment of Domestic Animals, except that a fee that is specific to the type of

Domestic Animal impounded prevails over a fee charged to a Dog. pursuant to section 80 of

this Bylaw, including the application of impoundment fees and daily board fees.


103

399670

19

17. BEEKEEPING

82.17.1 The use of land, buildings or other premises for beekeeping is subject to the provisions

of the Zoning Bylaw No. 3630, as amended from time to time.

83.17.2 No person shall keep bees on their property except in an apiary registered under the Bee

Act, RSBC 1996, as amended from time to time.

84.17.3 Every person who owns, possesses or keeps bees and every person on whose property

bees are kept shall:

a) provide an adequate water source to bees;

b) maintain the bees in such a condition so as to reasonably prevent undue

swarming or aggressive behaviour; and

c) maintain the beehives so as to deter and be inaccessible to wildlife.

18. OFFENCE

85.18.1 Any person who violates contravenes any provision of this Bylaw commits an offence

and shall be liable upon conviction to a fine of not more than $10,000 and not less than $200

plus any other penalty or order that may be imposed pursuant to the Community Charter or the

Offence Act, including an order to pay the cost of prosectuion.

18.2 Each day that a contravention of this Bylaw continues shall constitute a separate offence.

19. NOTICE

19.1 A notice that was issued under section 15 of Animal Control Bylaw, 2009, No. 3670 in relation

to a Dog is deemed to be a notice under section 10.1 and a notice under section 10.11 of this

Bylaw for that Dog.

20. REPEAL

86.20.1 The “City of Port Coquitlam Pound and Animal Regulation Bylaw, 1970, No. 1020” is

repealed.The “Animal Control Bylaw, 2009, No. 3670” and the “City of Port Coquitlam Public

Health Bylaw, 1969, No. 908” are repealed.

Read a first time by the Municipal Council this 26th

day of January, 2009.

Read a second time by the Municipal Council this 26th

day of January, 2009.

Read a third time by the Municipal Council this 26th

day of January, 2009 .






Formatted: Indent: Left: 0", Hanging: 0.5",Tab stops: Not at 0.75" + 1.17" + 1.67" + 3.42" + 4.08" + 4.42"

104

399670

20

Adopted by the Municipal Council of the Corporation of the City of Port Coquitlam this 9

th day of

February, 2009.

G. MOORE S. RAUH

Mayor Corporate Officer

RECORD OF AMENDMENTS

Bylaw No. Section Final Reading 3845 Adding Section Beekeeping 82, 83, 84 October 15, 2013

105

BYLAW NOTICE ENFORCEMENT AMENDMENT BYLAW NO. 4019

A Bylaw to amend the Bylaw Notice Enforcement Bylaw to include updated penalties for animal control.

___________________________________________________________________


Citation

1. This Bylaw may be cited for all purposes as “Bylaw Notice Enforcement Bylaw, No. 3814,

2013, Amendment Bylaw, 2017, No. 4019”.

Administration

2. That the Bylaw Notice Enforcement Bylaw No. 3814, 2013 be amended by removing the

existing Schedule A for the current Animal Control Bylaw and replacing it with the

Schedule A for Animal Control Bylaw No. 3990 attached hereto and forming part of this

Bylaw.

Read a first time by the Municipal Council this 13th day of June, 2017. Read a second time by the Municipal Council this 13th day of June, 2017. Read a third time by the Municipal Council this 13th day of June, 2017. Mayor Assistant Corporate Officer

4019 1

Ticket

106

Designated Bylaw Contraventions and Penalties

Animal Control Bylaw No. 3990

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

DESCRIPTION SECTION NO

IN BYLAW

DISCOUNTED

PENALTY IN $

(within 14 days)

FULL

PENALTY IN

$

(after 14 days)

COMPLIANCE

AGREEMENT

DISCOUNT

(where

Compliance

Agreement

Entered in

Accordance

With section

8(a)(v) of this

bylaw)

Dog At Large 8.1 100.00 150.00 n/a

Failure to Remove

Excrement

8.3 100.00 150.00 n/a

Unconfined Dog in

Heat

8.4 100.00 150.00 n/a

Confined

Animal/Inadequate

Ventilation

8.5 100.00 150.00 n/a

More Than Three Dogs

in Off Leash Area

9.3 100.00 150.00 n/a

Fail to Secure Dog in

Off Leash Area

9.7 100.00 150.00 n/a

Fail to Provide

Identification of

Aggressive Dog

10.3 200.00 300.00 50%

Aggressive Dog Not

Secured

10.4 N/A 500.00 n/a

Aggressive Dog At

Large

10.5 N/A 500.00 n/a

Aggressive Dog in Off

Leash Area

10.6 N/A 500.00 n/a

Fail to Report

Aggressive Dog At

Large

10.8 N/A 500.00 n/a

Fail to Report Transfer

of Aggressive Dog

10.9 N/A 500.00 n/a

Fail to Post/Maintain

Dangerous Dog Sign

11.3 N/A 500.00 n/a

107

Designated Bylaw Contraventions and Penalties Cont’d

Animal Control Bylaw No. 3990

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

DESCRIPTION SECTION NO

IN BYLAW

DISCOUNTED

PENALTY IN $

(within 14 days)

FULL

PENALTY IN

$

(after 14 days)

COMPLIANCE

AGREEMENT

DISCOUNT

(where

Compliance

Agreement

Entered in

Accordance

With section

8(a)(v) of this

bylaw)

Fail to Report Transfer

of Dangerous Dog

11.6 N/A 500.00 n/a

Fail to Mark Dangerous

Dog With Identification

11.7 N/A 500.00 n/a

Dangerous Dog Not

Secured

11.8 N/A 500.00 n/a

Dangerous Dog At

Large

11.9 N/A 500.00 n/a

Dangerous Dog With

Minor

11.14 N/A 500.00 n/a

Fail to Report

Dangerous Dog At

Large

11.15 N/A 500.00 n/a

Dangerous Dog in Off

Leash Area

11.16 N/A 500.00 n/a

Unlicensed Dog 12.1 100.00 150.00 50%

No Licence Tag

12.3 50.00 75.00 50%


13.2 100.00 150.00 50%

Unpermitted Kennel

13.3 100.00 150.00 n/a

Farm Animal in a

Residential Zone

15.1 100.00 150.00 50%

Farm Animal At Large

15.2 100.00 150.00 n/a

Keep Venomous Snake

16.1 (a) 200.00 300.00 n/a

Keep More Than Four

Snakes

16.1 (b) 100.00 150.00 50% 108

Keep More Than Four

Rodents

16.1 (c) 100.00 150.00 50%

109

TICKET INFORMATION UTILIZATION AMENDMENT BYLAW NO. 4020

A bylaw to amend the Ticket Information Utilization Bylaw to update the fines related to Animal Control.


Citation 1. This Bylaw may be cited for all purposes as “Ticket Information Utilization Bylaw, 1992,

No. 2743, Amendment Bylaw, 2017, No. 4020.” Administration 2. That the Ticket Information Utilization Bylaw No. 2743 be amended by removing

Schedule 17 and replacing it with Schedule 17, attached hereto and forming part of this

Bylaw.

Read a first time by the Municipal Council this XXth day of June, 2017. Read a second time by the Municipal Council this XXth day of June, 2017. Read a third time by the Municipal Council this XXth day of June, 2017. Mayor Assistant Corporate Officer

4020 1

110

BYLAW NO. 2743

SCHEDULE 17

Animal Control Bylaw No. 3900 SECTION FINE FINE

(If paid within 30

Days of Service)

Dog At Large 8.1 150.00 100.00

Failure to Remove Excrement 8.3 150.00 100.00

Unconfined Dog in Heat 8.4 150.00 100.00

Confined Animal/Inadequate

Ventilation

8.5 150.00 100.00

More Than Three Dogs in

Off Leash Area

9.3 150.00 100.00

Fail to Secure Dog in Off

Leash Area

9.7 150.00 100.00

Fail to Provide Identification

of Aggressive Dog

10.3 300.00 200.00

Aggressive Dog Not Secured 10.4 500.00 N/A

Aggressive Dog At Large 10.5 500.00 N/A

Aggressive Dog in Off Leash

Area

10.6 500.00 N/A

Fail to Report Aggressive

Dog At Large

10.8 500.00 N/A

Fail to Report Transfer of

Aggressive Dog

10.9 500.00 N/A

Fail to Post/Maintain

Dangerous Dog Sign

11.3 500.00 N/A

Fail to Report Transfer of

Dangerous Dog

11.6 500.00 N/A

Fail to Mark Dangerous Dog

With Identification

11.7 500.00 N/A

Dangerous Dog Not Secured 11.8 500.00 N/A

Dangerous Dog At Large 11.9 500.00 N/A

Dangerous Dog With Minor 11.14 500.00 N/A

Fail to Report Dangerous

Dog At Large

11.15 500.00 N/A

Dangerous Dog in Off Leash

Area

11.16 500.00 N/A

4020 2

111

BYLAW NO. 2743

SCHEDULE 17 CONTINUED

Animal Control Bylaw No. 3900 SECTION FINE FINE

(If paid within 30

Days of Service)

Unlicensed Dog 12.1 150.00 100.00

No Licence Tag

12.3 75.00 50.00


13.2 150.00 100.00

Unpermitted Kennel

13.3 150.00 100.00

Farm Animal At Large

15.2 150.00 100.00

Keep Venomous Snake

16.1 (a) 300.00 200.00

Keep More Than Four

Snakes

16.1 (b) 150.00 100.00

Keep More Than Four

Rodents

16.1 (c) 150.00 100.00

4020 3

112

4021 1

FEES AND CHARGES AMENDMENT BYLAW NO. 4021

A Bylaw to amend "Fees and Charges Bylaw, 2015, No. 3892" related to Animal Control.

____________________________________________________________________________________________


Citation

1. This Bylaw may be cited for all purposes as "Fees and Charges Bylaw, 2015, No. 3892,

Amendment Bylaw, 2017, No. 4021".

Administration 2. That the "Fees and Charges Bylaw, 2006, No. 3540", be amended by inserting a new

Schedule “M”, that is attached hereto and forms part of this Bylaw.

Read a first time by the Municipal Council this 13th day of June, 2017. Read a second time by the Municipal Council this 13th day of June, 2017. Read a third time by the Municipal Council this 13th day of June, 2017.

________________________ ________________________ Mayor Assistant Corporate Officer

113

4021 2

SCHEDULE “M” Animal Control Bylaw

Fees & Charges

Dog Licence Fees

Paid by March 1 Paid after March 1

Dog less than six months of age at application No charge No charge

Spayed or neutered Dog $32.00 $47.00

Intact Dog $80.00 $95.00

Certified Guide/Assistance Dog No charge No charge

Aggressive Dog $95.00 $95.00

Dangerous Dog $500.00 $500.00

Kennel Licence $100.00 $100.00

Lost tag replacement No charge No charge

Transfer of valid dog licence No charge No charge

Note: Early discount rates apply to: a) newly-acquired Dogs if licensed within one month of acquisition; b) newly-arrived Dogs if licensed within one month of arrival; c) Dogs that have attained the age of six months within one month of application.

Impoundment Fees

First Subsequent

Licensed Dog $75.00 $100.00

Unlicensed Dog $150.00 $200.00



Cat $50.00 $100.00

Other Animal $50.00 $100.00

Daily Board Fees

Licensed Dog $20.00

Unlicensed Dog $25.00

Aggressive Dog $30.00

Dangerous Dog $30.00

Cat $10.00

Other Animal $25.00

Adoption Fees

Mature Dog $200.00

Puppy $250.00

Senior Dog $150.00

Cat $110.00

Kitten $135.00

Other Animal $50.00

Note: Impoundment, Daily Board, and Adoption Fees are subject to G.S.T.

114

4021 1

SCHEDULE “M” Animal Control Bylaw

Fees & Charges

Dog Licence Fees

Paid by March 1 Paid after March 1

Dog less than six months of age at application No charge No charge

Spayed or neutered Dog $32.00 $47.00

Intact Dog $80.00 $95.00

Certified Guide/Assistance Dog No charge No charge



Kennel Licence $100.00 $100.00

Lost tag replacement No charge No charge

Transfer of valid dog licence No charge No charge

Note: Early discount rates apply to: a) newly-acquired Dogs if licensed within one month of acquisition; b) newly-arrived Dogs if licensed within one month of arrival; c) Dogs that have attained the age of six months within one month of application.

Impoundment Fees

First Subsequent

Licensed Dog $75.00 $100.00

Unlicensed Dog $150.00 $200.00



Cat $50.00 $100.00

Daily Board Fees

Licensed Dog $20.00

Unlicensed Dog $25.00 new

Aggressive Dog $30.00 new

Dangerous Dog $30.00 new

Cat $10.00

Adoption Fees

Mature Dog $200.00 250.00 current

Puppy $250.00

Senior Dog $150.00

Cat $110.00 85.00 current

Kitten $135.00 120.00 current

Other Animal $50.00 new

Note: Impoundment, Daily Board, and Adoption Fees are subject to G.S.T.

115

4025 1

FIRE & EMERGENCY SERVICES AMENDMENT BYLAW

NO. 4025

A bylaw to amend "Fire & Emergency Services Bylaw, 2014, No.3880". ______________________________________________________________________________


Citation

1. This Bylaw may be cited for all purposes as "Fire & Emergency Services Bylaw, 2014, No.

3880, Amendment Bylaw, 2017, No. 4025".

Administration

2. The Fire & Emergency Services Bylaw is amended by deleting “Schedule A – Table of Occupancy and Frequency of Inspections” and replacing it with the “Schedule A – Table of Occupancy and Frequency of Inspections” attached hereto and forming part of this Bylaw.

Read a first time by the Municipal Council this 13th day of July, 2017. Read a second time by the Municipal Council this 13th day of July, 2017. Read a third time by the Municipal Council this 13th day of July, 2017.

___________________ ___________________ Mayor Corporate Officer

116

4025 2

Schedule A

TABLE OF OCCUPANCY & FREQUENCY OF INSPECTIONS Occupanc

y Class Description Sprinklered Non-sprinklered

A-1 Assembly Occupancies Performing Arts Every 24 months Annually

A-2 Assembly Occupancies Art Galleries, Libraries, Courtrooms Every 24 months Annually

A-2 Assembly Occupancies Churches Every 24 months Annually

A-2 Assembly Occupancies Schools Every 24 months Annually

A-2 Assembly Occupancies Restaurants, Community Halls Annually Annually

A-3 Assembly Occupancies Arena, Swimming Pools Annually Annually

B-1 Institutional Occupancies, with detention or restricted facilities, Jails etc.

Every 24 months Annually

B-2 Institutional Occupancies, Requiring special treatment -Hospitals

Annually Every 6 Months

B-2 Institutional Occupancies, Requiring special treatment - Rest Homes, Group Homes


B-3 Institutional Occupancies, Assisted/ supportive Living Facilities, Group Homes, Nursing Homes without treatment

Annually (includes

converted SFD) Annually

C Apartments, Hotels, Motels, Rooming Houses, Licenced Guest Houses


D Business Occupancies and Professional Services, Banks, Offices

Every 24 months Every 24 months

E Mercantile Occupancies, Retailers Every 24 months Every 24 months

F-1 Occupancies with High Hazard and Flammable Materials Annually Annually

F-2 Industrial with Medium Hazard Content Every 24 months Annually

F-3 Industrial Occupancies with Low Hazard Every 24 months Annually

117

Report to Council

DATE:

June 13, 2017

TO:

Mayor & Council

FROM:

Community Safety Committee

SUBJECT:

Proposed Amendment to Fire & Emergency Services Bylaw No. 3880

Executive Summary:

At its regular June 1, 2017 Committee meeting, the following report was recommended to be

forwarded to Council for adoption.

Recommendation:

That Fire & Emergency Services Bylaw No. 3880 be given first three readings.

Background:

This report is part of the implementation process that the Fire Department presented to Council on

February 2, 2017. The presentation contained an update on department operations based on the

Operational Review of 2012 and its future strategic direction. The Budget and Infrastructure

Committee (BIN) directed staff to move forward with Option #3 which included the need to amend

the frequency of inspections to manage the community risk around life safety inspections.

This report proposes that the current Schedule A – Table of Occupancy & Frequency of Inspections

be repealed and replaced with an amended Schedule A. This amendment reflects the objectives of

Council through changes to the frequency of inspections based on sprinkler regulations outlined in

the Building and Plumbing Bylaw No. 3710 and changing low risk properties to a 24 month

inspection frequency. Additionally, it supports that compliance is the responsibility of the owner, as

well as fulfilling our requirements to monitor under the new Fire Safety Act.

_____________________________

Randy Minaker, Deputy Fire Chief

Approved by: Nick Delmonico, Fire Chief

Attachments:

1. Proposed Changes Schedule A – Table of Occupancy & Frequency of Inspections

2. Final Amended Schedule A for Fire & Emergency Services Bylaw No.3880

3. Bylaw Amendment from Corporate Office

118

Attachment 1: Proposed Changes Schedule A – Table of Occupancy & Frequency of Inspections

2 of 4

TABLE OF OCCUPANCY & FREQUENCY OF INSPECTIONS

Occupancy Class

Description

2015 Proposed Changes for 2017

Sprinklered Non-

sprinklered Sprinklered

Non-sprinklered

A-1 Assembly Occupancies Performing Arts Every 24 months

Annually Every 24 months

Annually

A-2 Assembly Occupancies Art Galleries, Libraries, Courtrooms

Every 24 months


Annually

A-2 Assembly Occupancies Churches Annually Every 6 Months

Every 24 months

Annually

A-2 Assembly Occupancies Schools Annually Every 6 Months

Every 24 months

Annually

A-2 Assembly Occupancies Restaurants, Community Halls

Annually Annually Annually Annually

A-3 Assembly Occupancies Arena, Swimming Pools


Annually Annually


Every 24 months


Annually

B-2 Institutional Occupancies, Requiring special treatment - Hospitals






B-3

Institutional Occupancies, Assisted/ supportive Living Facilities, Group Homes, Nursing Homes without treatment

Yearly includes

converted SFD

Every 6 Months

Annually (includes converted

SFD)

Annually



Every 24 months

Annually


Every 24 months


Every 24 months

E Mercantile Occupancies, Retailers Every 24 months


Every 24 months

F-1 Occupancies with High Hazard and Flammable Materials

Every 6 Months

Every 6 Months

Annually Annually

F-2 Industrial with Medium Hazard Content Annually Annually Every 24 months

Annually

F-3 Industrial Occupancies with Low Hazard

Every 24 months


Annually

119

Attachment 2: Final Amended Schedule A for Fire & Emergency Services Bylaw # 3880, 2014

3 of 4

Proposed Changes to Schedule A Bylaw #3880 TABLE OF OCCUPANCY & FREQUENCY OF INSPECTIONS

Occupancy Class Description Sprinklered Non-sprinklered

A-1 Assembly Occupancies Performing Arts Every 24 months Annually

A-2 Assembly Occupancies Art Galleries, Libraries, Courtrooms Every 24 months Annually

A-2 Assembly Occupancies Churches Every 24 months Annually

A-2 Assembly Occupancies Schools Every 24 months Annually

A-2 Assembly Occupancies Restaurants, Community Halls Annually Annually

A-3 Assembly Occupancies Arena, Swimming Pools Annually Annually



B-2 Institutional Occupancies, Requiring special treatment -Hospitals




B-3 Institutional Occupancies, Assisted/ supportive Living Facilities, Group Homes, Nursing Homes without treatment

Annually (includes

converted SFD) Annually




Every 24 months Every 24 months

E Mercantile Occupancies, Retailers Every 24 months Every 24 months

F-1 Occupancies with High Hazard and Flammable Materials Annually Annually

F-2 Industrial with Medium Hazard Content Every 24 months Annually

F-3 Industrial Occupancies with Low Hazard Every 24 months Annually

120

Attachment 3: Bylaw Amendment from Corporate Office

4 of 4

FIRE & EMERGENCY SERVICES AMENDMENT BYLAW

NO. 4025

A bylaw to amend "Fire & Emergency Services Bylaw, 2014, No.3880". ______________________________________________________________________________


Citation

1. This Bylaw may be cited for all purposes as "Fire & Emergency Services Bylaw, 2014, No. 3880, Amendment Bylaw, 2017, No. 4025".

Administration

2. The Fire & Emergency Services Bylaw is amended by deleting “Schedule A – Table of

Occupancy and Frequency of Inspections” and replacing it with the “Schedule A – Table of Occupancy and Frequency of Inspections” attached hereto and forming part of this Bylaw.

Read a first time by the Municipal Council this XXth day of July, 2017. Read a second time by the Municipal Council this XXth day of July, 2017. Read a third time by the Municipal Council this XXth day of July, 2017.

___________________ ___________________ Mayor Corporate Officer

121

BYLAW NOTICE ENFORCEMENT AMENDMENT BYLAW NO. 3993

A Bylaw to amend the Bylaw Notice Enforcement Bylaw to include waterway protection.

___________________________________________________________________


Citation

1. This Bylaw may be cited for all purposes as “Bylaw Notice Enforcement Bylaw, No. 3814,

2013, Amendment Bylaw, 2017, No. 3993”.

Administration

2. That the Bylaw Notice Enforcement Bylaw No. 3814, 2013 be amended by adding the

following table into Schedule A in alphabetical order by bylaw name:

Schedule “A”

Designated Bylaw Contraventions and Penalties

Waterways Protection Bylaw No. 917

Column 1 Column 2 Column 3 Column 4 Column 5

DESCRIPTION SECTION

NO. IN

BYLAW

DISCOUNTED

PENALTY IN $

(within 14 days)

FULL

PENALTY IN $

(after 14 days)

COMPLIANCE

AGREEMENT

DISCOUNT

(where

Compliance

Agreement

Entered in

accordance with

section 8(a)(v) of

this bylaw)

Pollute Watercourse 2 n/a 500.00 n/a

Obstruct

Watercourse

3 n/a 500.00 n/a

Read a first time by the Municipal Council this 23rd day of May, 2017.

Read a second time by the Municipal Council this 23rd day of May, 2017.

Read a third time by the Municipal Council this 23rd day of May, 2017.

Adopted by the Municipal Council of the Corporation of the City of Port Coquitlam this 13th day of June, 2017. Mayor Corporate Officer

3993 1

Ticket

122

TICKET INFORMATION UTILIZATION AMENDMENT BYLAW NO. 4006

A Bylaw to amend the Ticket Information Utilization Bylaw to include waterway protection.

___________________________________________________________________


Citation

1. This Bylaw may be cited for all purposes as “Ticket Information Utilization Bylaw, 1992,

No. 2743, Amendment Bylaw, 2017, No. 4006”.

Administration

2. That the Ticket Information Utilization Bylaw, 1992, No. 2743, be amended by deleting

Schedule 15 and replacing it with the following Schedule 15:

Schedule 15

Waterways Protection Bylaw, No. 917 SECTION FINE FINE If paid within 30 Days of Service Column 1 Column 2 Column 3 Column 4

Pollute Watercourse 2 $1,000.00 N/A

Obstruct Watercourse 3 $1,000.00 N/A

Read a first time by the Municipal Council this 23rd day of May, 2017. Read a second time by the Municipal Council this 23rd day of May, 2017. Read a third time by the Municipal Council this 23rd day of May, 2017. Adopted by the Municipal Council of the Corporation of the City of Port Coquitlam this 13th day of June, 2017. Mayor Corporate Officer

3993 1

Ticket

123

4007 1

FEES AND CHARGES AMENDMENT BYLAW

NO. 4007

An amendment bylaw to the Fees and Charges Bylaw to include a Summer Outdoor Pool Pass.


Citation

1. This Bylaw may be cited for all purposes as the “Fees and Charges Bylaw, 2015, No. 3892,

Amendment Bylaw, 2017, No. 4007.”

Administration

2. That "Fees and Charges Bylaw, 2015, No. 3892", be amended by removing the “Outdoor Pool

Admission/Passes” page in Schedule “C” and replacing it with Attachment 1, attached hereto and forming part of this Bylaw.

Read a first time by the Municipal Council this 23rd day of May, 2017.

Read a second time by the Municipal Council this 23rd day of May, 2017.

Read a third time by the Municipal Council this 23rd day of May, 2017. Adopted by the Municipal Council of the Corporation of the City of Port Coquitlam this 13th day of June, 2017. Mayor Corporate Officer

124

4007 2

Schedule “C” PARKS & RECREATION

Outdoor Pool Admission/Passes Category Fees &

Charges Comments

SINGLE ADMISSION

Tot (0 to 3 yrs old) Free

Children (4 to 12 yrs. old)

$1.80 Each

Adjusted to reflect operating, market and/or inflationary changes.

Youth (13 to 18 yrs. old)

$2.80 Each


Adult (19 to 59 yrs. old)

$3.60 Each


Senior (60+ yrs. old)

$2.80 Each


Family (2 adults & their children)

$7.20 per family


ANNUAL MEMBERSHIP

Adult (19 to 59 yrs. old)

$81.00 Adjusted to reflect operating, market and/or inflationary changes.

Senior (60+ yrs. old)


Family (2 adults & their children)


SUMMER OUTDOOR POOL PASS

Child (4 to 12 yrs. old)

$20.00

Youth (13 to 18 yrs. old)

$20.00

Notes: 1. All fees include 5% GST. 2. Annual membership is based on 22.5 single admissions. 3. Annual membership provides access to unlimited public swimming at the outdoor

pools during the summer months for adults, seniors and families. 4. Summer Outdoor Pool Pass provides access to unlimited public swimming at the

outdoor pools during the summer months for children and youth. Refunds: 5. All membership plans are non-transferable and non-refundable due to the savings

incorporated into the pricing of these packages. Visit passes (10 and 20) will be pro-rated to the number of visits remaining on the pass less the $5 administration fee. These visit passes expire two years after the initial purchase date. A full or pro-rated refund will be granted from when a customer provides a medical note from a Dr. prohibiting them from participating in their membership plan. A full or pro-rated refund, less the $5 administration fee, for a membership will be granted, if requested, if a proof of address change is provided for a move outside of Port Coquitlam, Coquitlam, Port Moody or Pitt Meadows.

125

COUNCIL AGENDA Regular Meeting 7:00 PM - Council Chambers...2438 & 2446 Mary Hill Road be given...

Documents

Transcript of COUNCIL AGENDA Regular Meeting 7:00 PM - Council Chambers...2438 & 2446 Mary Hill Road be given...