In the last few years many lower mainland municipalities adopted a bylaw meant to prohibit animals in performance, and we hear that municipalities in the interior are also being urged to adopt this bylaw by well-meaning animal lovers.
The flaws in this bylaw are:
1. that it does not prohibit domestic animals in performance, so that petting zoos and pony rides, for example, are still permitted,
2. it has a long list of prohibited species in Latin which can easily confuse mall managers looking for mall promotions.
We believe it is worse than useless because it gave municipalities the false impression that they had adequately protected animals.
Municipalities are loathe to go back and "fix" bylaws but after AAS was called out to investigate and document the display of a tiger and a lynx at Brentwood Mall recently, we decided it was time to urge municipalities to adopt a much better bylaw, the one adopted by the District of North Vancouver.
The DNV model is elegantly simple and comprehensive, so AAS will be urging municipalities to replace the insufficent and complicated law they have with the DNV bylaw.
Here is our letter to Maple Ridge's Mayor and Council with the two bylaws attached and with links to photos of petting zoo animals kept in filthy conditions and to the pictures of the tiger at Brentwood Mall. Tell us if you will ask your municipality to change its flawed bylaw or to adopt the District of North Vancouver bylaw.
Animal Advocates Society of BC
September 25, 2002
Mayor Al Hogarth and Council,
The District of Maple Ridge
Re: Maple Ridge "Exotic Animals" compared to the North Vancouver District "Animal Performance" bylaw: (see both appended below):
Dear Mayor Hogarth and Councilors,
It has come to our attention that Maple Ridge has an "Exotic Animals" bylaw the intent of which is to limit the use of animals in performance.
We would like to suggest that the best example of a bylaw to limit the use of animals in performance is the bylaw adopted by the District of North Vancouver, (attachment 1). We realize that the "Exotic Animals" bylaw model has been adopted in several lower mainland municipalities, but we think this has been a mistake. (Attachment 2, Maple Ridge's "Exotic Animals" bylaw.)
The "Exotic Animals" bylaw is not the best example of a bylaw to prevent the exploitation of animals in performance. It is unnecessarily complicated by the fact that it lists prohibited species, allowing any species not named to be used; it lists most species by their scientific name making it difficult for most people to understand; and it permits domesticated animals still to be used in petting zoos, malls and bars, for example.
The Animals in Performance bylaw adopted by the District of North Vancouver is simple and comprehensive in comparison. It says that no animals can be used in any performance, and then names a very few exceptions, those being: Pet shows (dog and cat owners and breeders mainly), Horse shows (the District has had a stable licensed to operate for decades) and the District's own (well-run) Maplewood Farm.
No long (and incomplete) list of species is necessary with the North Vancouver District model. It names only those few performances permitted - all others are prohibited. This bylaw is simple, clean, uncomplicated, and we request that it be the bylaw adopted in Maple Ridge.
Animal Advocates Society concerned itself in this matter of faulty bylaws after we were contacted by several concerned residents of Burnaby on the weekend of August 3rd to 5th, when Brentwood Mall permitted the commercial use (poorly disguised as educational use), of a caged tiger and a lynx. (http://www.animaladvocates.com/zoos-siberian-magic.htm ). Animal Advocates Society has been given reports that this tiger is resident in Abbotsford and is kept under a porch in a cage.
We have also investigated the keeping of domestic animals for the purpose of a mall petting-zoo business and found inhumane and cruel neglect of animals, specifically: baby ducks kept crowded in feces-filled bins in a darkened trailer; fifty or more baby rabbits kept in an unventilated shed exposed to the full sun; horses whose ribs, hips, and skulls could be clearly seen, standing in 4� of mud in a tiny corral, calves in a filthy dark barn; and the remains of dead animals in a outdoor fire-pit. The owner of this business has been hired by many malls for years. We have also investigated the �pony ride� industry and found the same cruel use of helpless animals for the �amusement business�.
We ask you to substitute the District of North Vancouver Animal Performance bylaw in place of your Exotic Animal bylaw.
Judy Stone
President,
Animal Advocates Society of BC
ATTACHMENT 1:
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
ATTACHMENT 2.
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BY-LAW NO. 5755-1999
A by-law to prohibit performances involving wild or exotic animals
WHEREAS, the Council may, pursuant to Section 680(a) of the Local Government Act, 1996 R.S.B.C.
C.323, prohibit the operation of a public show, exhibition, carnival or performance of any particular kind
or in any particular location or both;
AND WHEREAS it is deemed desirable to prohibit the exhibition of wild or exotic animals;
NOW, THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open
meeting assembled, ENACTS AS FOLLOWS:
1) This By-law shall be cited for all purposes as �Maple Ridge Exotic Animal By-Law No. 5755-1999.
2) In this By-law �Wild or Exotic Animal� means an animal as listed in Schedule �A� of this By-law.
3) Subject to Section 4, no person shall operate or carry on a circus, public show, exhibition, carnival or
performance in which wild or exotic animals accompany or are required to perform tricks, fight or
participate in performances for the amusement or entertainment of an audience.
4) Nothing contained in the By-law shall prohibit or restrict the operation of an aquarium or zoological
park as accredited by the Canadian Association of Zoological Parks and Aquariums.
5) Any person who contravenes the provision of this By-law is guilty of an offence and on summary
conviction is liable to a fine of not more than $2,000.
READ A FIRST TIME the 23rd day of February, 1999.
READ A SECOND TIME the 23rd day of February, 1999.
READ A THIRD TIME the 23rd day of January, 2001.
RECONSIDERED AND ADOPTED the 13th day of February, 2001.
___________________________________
MAYOR
___________________________________
CLERK
Maple Ridge Exotic Animal By-law No. 5755 � 1999.
Schedule �A�
The following list of animals constitutes �wild or exotic animals� for the purposes of the By-law to which this Schedule is attached. The list includes all such animals whether bred in the wild or in captivity and also includes all their hybrids with domestic species. The words in parentheses are intended to act as examples only and are not to be construed as being an exhaustive list or to otherwise limit the generality
of each group of animals.
1) Non-human primates (such as gorillas and monkeys).
2) Felids, except domesticated cats.
3) Canis, except domestic dogs.
4) Ursids (bears).
5) Elephants.
6) Pinnipedia (such as seals and walruses).
7) Crocodilians (such as alligators and crocodiles).
8) Marsupials (such as kangaroos and opossums)
9) Poisonous & venomous animals (such as reptiles, tarantulas, scorpions, blue winged octopus, stone
fish).
10) Ungulates, except domestic horses, mules, asses, goats, sheep, pigs, cattle, llamas and alpacas.
11) Hyaenas.
12) Mustelines (such as skunks, weasels, otters and badgers) except the domestic ferret.
13) Procyonidae (such as raccoons and coatis).
14) Edentates (such as anteaters, sloth and armadillos).
15) Viverrines (such as mongooses, civets, and genets).
16) Chiroptera (bats).
17) Rodentia (such as porcupines, prairie dogs, capybaras) except for domesticated rodents such as mice,
rats, guinea pigs & gerbils.
18) Erinacidae (such as hedgehogs).
19) Cetacea (Beluga whale, Orca whale, dolphin).
20) Testudines (turtle, tortoise, terapin).
21) Snakes.