Castanet Staff - Jun 18, 2010 / 11:00 am
The Regional District of Central Okanagan will appeal a Supreme Court ruling related to its Dog Regulation and Impounding Bylaw No. 366. In a judgment handed down on June 10th, the Honourable Mr. Justice Dley ruled in favour of the appellant Andy Visinski who challenged the validity of the Regional District bylaw and its authority to provide Dog Control enforcement within the City of Kelowna.
The Regional District believes the Statutory Authority to enter in Service Agreements with member municipalities for the delivery of bylaw enforcement services does include Bylaw No. 366, which has applicability throughout the Regional District of Central Okanagan and City of Kelowna, along with other member municipalities. The District believes the authority for these working relationships between local governments comes from the Local Government Act and is available and applicable to all local governments in British Columbia. The Regional District will approach the Union of B.C. Municipalities for funding assistance for the appeal process as the ruling could affect the working relationship of other regional district’s and their member municipalities.
Regional District Legal Counsel is clarifying whether the ruling invalidates the entire bylaw or only applicable identified sections as well as determining the appropriate course of legal procedures to ensure continued public protection and safety and restore full regular region-wide enforcement and ticketing until the higher court clarification is determined. In the interim, Regional District Dog Control Officers are continuing to issue warning tickets for bylaw violations within the member municipalities of the City of Kelowna and District’s of Lake Country, Peachland and West Kelowna. These tickets could be considered for regular violation tickets within six months. Officers are still taking and responding to complaints, conducting investigations, interviewing witnesses and impounding dogs. In the event of any severe attack the Regional District will continue to seize offending dogs under authority of the Community Charter.
The Regional District of Central Okanagan will appeal a Supreme Court ruling related to its Dog Regulation and Impounding Bylaw No. 366. In a judgment handed down on June 10th, the Honourable Mr. Justice Dley ruled in favour of the appellant Andy Visinski who challenged the validity of the Regional District bylaw and its authority to provide Dog Control enforcement within the City of Kelowna.
The Regional District believes the Statutory Authority to enter in Service Agreements with member municipalities for the delivery of bylaw enforcement services does include Bylaw No. 366, which has applicability throughout the Regional District of Central Okanagan and City of Kelowna, along with other member municipalities. The District believes the authority for these working relationships between local governments comes from the Local Government Act and is available and applicable to all local governments in British Columbia. The Regional District will approach the Union of B.C. Municipalities for funding assistance for the appeal process as the ruling could affect the working relationship of other regional district’s and their member municipalities.
Regional District Legal Counsel is clarifying whether the ruling invalidates the entire bylaw or only applicable identified sections as well as determining the appropriate course of legal procedures to ensure continued public protection and safety and restore full regular region-wide enforcement and ticketing until the higher court clarification is determined. In the interim, Regional District Dog Control Officers are continuing to issue warning tickets for bylaw violations within the member municipalities of the City of Kelowna and District’s of Lake Country, Peachland and West Kelowna. These tickets could be considered for regular violation tickets within six months. Officers are still taking and responding to complaints, conducting investigations, interviewing witnesses and impounding dogs. In the event of any severe attack the Regional District will continue to seize offending dogs under authority of the Community Charter.
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