'ANIMALS IN PERFORMANCE' vs 'EXOTIC ANIMALS' BYLAW
The best bylaw is the District of North Vancouver's (scroll down to read). Unfortunately, in the last ten years, well-meaning animal lovers have urged their municipalities to adopt a very flawed "exotic animals" bylaw (scroll down to read Burnaby's example bylaw) which only covers those animals that are on a limited list and which does nothing to prevent domesticated animals at malls, parking lot fairs and in bar shows etc. These animals can be exploited with impunity where the municipality has adopted the "exotic animals" bylaw.
The DNV Animal in Performance bylaw simply says NO animals in performance, with the exception of certain performances - not of certain animals. The allowed performances are the ones that society as a whole has not yet come to believe are exploitive: dog and cat breeder shows and agriculture shows (this permits the District's own well-run Maplewood Farms). The DNV bylaw is an example of a properly drafted bylaw and was designed by Peter Hamilton of Lifeforce Foundation.
The DNV "animals in performance" bylaw is elegantly simple and comprehensive; the "exotic animals" bylaw is complicated and incomplete.
CONSOLIDATION OF BYLAW 6423 AS AT FEBRUARY 24, 1992
UP TO AND INCLUDING BYLAW 6434
THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
BYLAW 6423
A bylaw to prohibit performances involving animals pursuant to
sections 527 (a) and 932(r) of the Municipal Act, 1979 R.S.B.C. C.290
The Council for The Corporation of the District of North Vancouver
enacts the following:
TITLE
1. This bylaw may be cited as "ANIMAL PERFORMANCE BYLAW".
DEFINITION
2. In this bylaw,
"Animal" means a mammal, bird or reptile but does not include man.(6434)
"Performance" includes circus, public show, exhibition, carnival,
travelling petting zoo, rodeo and dog race.
3.No person may conduct, operate or carry on a Performance in which an
Animal performs, fights or participates for the amusement or entertainment
of an audience, except that a Performance which only involves dogs and/or
horses or farm animals on a farm or only shows an Animal in agricultural
fairs or pet shows is permitted.
4.No person may conduct, operate or carry on a Performance which exploits
an Animal such that it is being used or treated in an inhumane manner for
profit or advantage.
5.No person may cause cruelty to an Animal respecting a Performance.
6.If a court of competent jurisdiction declares any section of this Bylaw
to be invalid, that section shall be severed from this Bylaw such that the
remaining sections of this Bylaw shall continue to be valid.
Amended by: 6434
BURNABY ANIMAL CONTROL BYLAW 1991. BYLAW 9848
6A.(1) No person shall operate or carry on a circus exhibition, show or any other performance where a wild animal, including but not limited to an animal listed in Schedule E of this Bylaw, is used or appears.
(2) No person shall operate or carry on a pony ride or petting zoo unless he or she
(a) has provided to the Chief License Inspector a letter dated no more than three months earlier than the day of the proposed performance signed by a member in good standing of the British Columbia Veterinary Medical Association certifying that the ponies or other animals are in good health, and
(b) has been issued a permit by the Chief License Inspector.
SCHEDULE "E"
The following list of animals includes all such animals whether wild or captive bred and also includes all their hybrids with domestic species. The words in parentheses are only examples of a particular group and are not to be construed as limiting the generality of the group.
all non-human Primates (such as gorillas and monkeys)
all Felids, except the domestic cat
all Canids, except the domestic dog
all Ursids (bears)
Elephants
all Pinnipeds (such as seals, fur seals and walruses)
all Crocodilians (such as alligators and crocodiles)
all Marsupials (such as kangaroos and opossums)
all Snakes
all Artiodactylus Ungulates, except domestic goats, sheep, pigs and cattle
all Perissodactylus Ungulates, except the domestic horse, mule and ass
Hyaenas $.27 per pound $.27 per pound
all Birds, except domestic pigeons and poultry
all Mustelids (such as raccoons and coatis)
all Edentates (such as anteaters, sloths and armadillos)
all Viverrids (such as mongooses, civets and genets)
THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
CONSOLIDATION OF BYLAW 6423 AS AT FEBRUARY 24, 1992
UP TO AND INCLUDING BYLAW 6434
A bylaw to prohibit performances involving animals pursuant to
sections 527 (a) and 932(r) of the Municipal Act, 1979 R.S.B.C. C.290
The Council for The Corporation of the District of North Vancouver
enacts the following:
TITLE
1. This bylaw may be cited as "ANIMAL PERFORMANCE BYLAW".
DEFINITION
2. In this bylaw,
"Animal" means a mammal, bird or reptile but does not include man.(6434)
"Performance" includes circus, public show, exhibition, carnival,
travelling petting zoo, rodeo and dog race.
3.No person may conduct, operate or carry on a Performance in which an
Animal performs, fights or participates for the amusement or entertainment
of an audience, except that a Performance which only involves dogs and/or
horses or farm animals on a farm or only shows an Animal in agricultural
fairs or pet shows is permitted.
4.No person may conduct, operate or carry on a Performance which exploits
an Animal such that it is being used or treated in an inhumane manner for
profit or advantage.
5.No person may cause cruelty to an Animal respecting a Performance.
6.If a court of competent jurisdiction declares any section of this Bylaw
to be invalid, that section shall be severed from this Bylaw such that the
remaining sections of this Bylaw shall continue to be valid.
Amended by: 6434