BYLAW #2230
A BYLAW TO ESTABLISH BEAR ATTRACTANT
CONTROL PRACTICES.
WHEREAS section 725 of the Local Government Act
(R.S.B.C. 1996, c. 323) authorizes the Council of the City of Rossland, by
bylaw, to prevent, abate and prohibit nuisances, and provide for the recovery
of the cost of abatement of nuisances from the person causing the nuisance or
other persons described in the bylaw;
NOW THEREFORE the Council of the City of
SHORT TITLE
1. This Bylaw may be cited as the BEAR ATTRACTANT CONTROL BYLAW.
BEAR
ATTRACTANT CONTROL REQUIREMENTS
2. For the purposes of this Bylaw, the
following definitions shall apply:
a) Bear Attractant means any and all Garbage; accumulations of
fruit in containers or on the ground; offal; unclean barbecues; bird feeders
containing bird food between the months of May to November; improperly
maintained composts; beehives; animal feed; and Grease Barrels on public or
private land which are accessible to bears.
b) Bear
Proof Containers are defined as those that would withstand all
unrestrained efforts to open the container with a crowbar. Lids on such containers must be:
I.
tight to reduce odours
II.
self closing
III.
latches must be designed so as to be inaccessible to bear
claws.
(c) Dumpster
means a container not enclosed in a structure and used for the collection of
Garbage and waste.
(d) Garbage
means and includes: any and all waste, including trade waste, ashes, household waste, abandoned or discarded vegetables, fruit or
animal food, and floor sweepings; and recyclable waste, including crockery,
glass or metalware that once contained or contain food or Garbage.
(e) Grease Barrel means any container used to store discarded cooking
oil and/or grease.
3. No owner or occupier of premises
within the City limits of Rossland shall keep, or allow to be kept, Bear
Attractants on such premises without taking the precautions specified in
sections 4 to 8 of this Bylaw.
4. Every owner or occupier of premises
within the city limits of Rossland shall store all Garbage in Garbage bags or
containers or Dumpsters.
5.
If Garbage is stored in Garbage bags or containers these shall be
maintained in a structure inaccessible to bears between Garbage collection days
as specified in Bylaw #
.
6.
Dumpsters maintained by private or public interests must be Bear Proof
Containers and must be locked at all times to prevent access to the contents by
bears. Dumpsters must be emptied pursuant to the requirements of Bylaw #
.
7.
Grease Barrels must be emptied regularly as required under Bylaw #
,, not allowed to overflow, and be kept in structures
inaccessible by bears.
8.
Garbage
bags as permitted under Bylaw #
shall be placed on City streets or lanes only
at the times permitted under that Bylaw.
9.
Other Bear Attractants must be secured
from bears and/or disposed of so as to be inaccessible to bears between the
April 15th and December 1st of any calendar year.
PENALTIES
10. Any person who violates a provision of
this Bylaw shall be guilty of an offence and
shall be liable to a fine of not less than Fifty Dollars ($50.00) and not more
than Five Hundred Dollars ($500.00) or to a term of imprisonment not exceeding
six (6) months.
11. No
person shall hinder, delay or obstruct a bylaw enforcement officer in the
execution of his duty under this Bylaw.
ENACTMENT
12. (1) If any section, subsection, sentence, clause
or phrase of this Bylaw is for any reason held to be invalid by the decision of
any court of competent jurisdiction, the invalid portion shall be severed and
the part that is invalid shall not affect the validity of the remainder.
(2) This Bylaw shall come into full force and
effect on the final adoption thereof.
READ A FIRST TIME this
day of, 2004
READ A SECOND TIME this
day of, 2004
READ A THIRD TIME this
day of, 2004
PUBLISHED PURSUANT TO BYLAW # this
day of, 2004
RECONSIDERED AND FINALLY ADOPTED this
day of, 2004
Mayor Clerk