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Hugo & Charley’s Law

Hugo & Charley’s Law

Community Charter, SBC 2003, Chapter 26

Section 49. (1) In this section:

“dangerous dog” means a dog that

(a) has killed or seriously injured a person,

(b) has killed or seriously injured a domestic animal, while in a public place or while on private property, other than property owned or occupied by the person responsible for the dog, or

(b.1) has killed a dog, or

(c) an animal control officer has reasonable grounds to believe is likely to kill or seriously injure a person.

(110) A dog that has been seized under this section may not be impounded and detained for more than 21 days unless court proceedings for a destruction humane euthanization order are commenced within that time.

(101) In addition to any other authority, iIf an animal control officer has reasonable grounds to believe that a dog is a dangerous dog, the officer may apply to the Provincial Court for an order that the dog be destroyed humanely euthanized in the manner specified in the order.

(12) As an alternative to humane euthanization, and prior to trial, the local government and dangerous dog owner may agree to enter into a Consent Order subsequently approved by a Provincial Court Judge that outlines terms and conditions for the release of the dangerous dog.

(13) Such Consent Order must include but not be limited to the following:

(a) a declaration that the dog is dangerous under this Act;

(b) requiring the owner to obtain and pass a behavioural assessment, training and rehabilitation (“re-assessment”) for the dangerous dog to be supervised by a certified dog trainer;

(c) requiring the owner to comply with dangerous, aggressive or vicious dog provisions of the applicable animal control bylaw;

(d) provisions where if the dangerous dog kills or seriously injures another person or domestic animal as determined by an animal control officer on reasonable and probable grounds, then such dangerous dog will be seized and humanely euthanized without further order of the court.

(14) Upon conclusion of trial, if the Provincial Court finds that the dog is a dangerous dog, then the court must order its humane euthanization.

(15) If the court finds a dog to be a dangerous dog, the court may make the following orders against the owner:

(a) award out-of-pocket expenses to the victim(s) of the dog attack(s) to a maximum of $5,000; and

(b) prohibit the owner from owning or possessing a dangerous dog as determined by an animal control officer for a period ranging from 2 to 5 years.

(16) Upon conclusion of court proceedings, the successful party (applicant or respondent) shall be awarded costs to be fixed at $5,000 per day of trial.

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