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IAN

ENVIRONMENTAL PROTECTION COMMITTEE
Ml NUTES

meet in g of the Envir
'nmenta Protect ion Committee was hee Id in thee
dm in istrator 's Of f ice on
C ity
it
Thursday May 21 1987 t 4:00
p.m..
Personnel in Attendance:

a:

A

I

.

M.D. Gates, Chairman
Alderman M. Wright, PE Eng. Co-Chairm
Chong, P. Eng., Deputy City Engineer
Gary Taccogna, Federal F ish ing
Enhancement Off ice
S usan Latimer, Prc;'nciaf
Fishing

lllljllfl'|

'n

Rob

T

Habitat Technician
Eldridge, Provincial Fishing Habitat
Technician

CONFIRMATION OF MlffUTES

IlhlR Lf"

Recommended:

III

That the minutes of the meet in
of thee Environmental Protection
g o
Thursda
urs ay, May
Ma 7, 1987 be taken as
Committee held on
read

IIIIII'lderman

and

iMl,

adopted.

Carried

SIMBTBIRWB

C OR

presentai lon.

II: BAKER CREEK PRESERVATION

ITEM

'%Ill

'l1

Il Ill l

I

I

t'i

a.

The existing

IIII

Iff

I I

1

e.

Al I

lffff~fggieL'!IRm "i fm+R 8Bme
I

we

of

this creek to

signs.

in-stream
adjacent creek ban k modifications
Fisheries Representative should or
be consulted.
in-stream work shal
a

15, 1987.

~~~

metre buffer zone on both

PrloT to makin g an

i

g,

10

fish-rearing habitat

deleterious substances by the erection

d.

'I

possible.

built
by the Ministry of Hi hwa s should
kept intact as much as pose i hie.
'
be
e.
Th
is
would
mean that the dame and in-stream
- e
mo
modif
i
lccat iona recently made by Mr.
Kroeker should be removed.
The C it y ca n improve publ ic
awareness, Te: the sensitivity of

!

I!

I

I

c.

5' !! I!I

I

Ma!nta!n al existing vegetation within
the
sides of the creek undisturbed ff

b.

s

sae

o f 8 a k er

llf

I

is

The Provincial and Federal Fisher
e ies
es Representatives discussed the
Creek. The y adv 'sed
presenf t t
i
Committee that recent checkss oof
indicated the presence of cohoe, the
is cree
re k
cut-throat s rin g and chum sp~~l~s. this
They ais
e
inistry
of Highways wi
be dredging out the lower end
creek from the north end
f th
nd
the culverts beneath
the
This work is necessary to ofremove
to the Pitt River.
'Ihe accumulationn oof Bypass
si It.. I n resocnse to the
question f rom thee Coommittee, the Fisheries
Representatives
made the followin.
recommendations to enhance the ah i ity of
the creek to rear fish:

f

II))Ilail

!!!!

Chief was unable to attend an d ma k e

h'n

This item has been tabled siince the Fire

fllll

I

AZAROOIIS SUBSTANCES

I

be done
d
between the periods

the

of J uy I"u t o S ep t em

r

HAY 2 1

jgeif

I

~IS! IIIS~IBhlii jm~!= si'~~'w I:~%SSW~

p ~~

thanked the Provincial and Federal
t e brief it1ee
ing. Alderman Gates advised that being the F isheries Representatives fro
Co-Chairman
The Comm

of the Parks and
Recreat ion Committee, he w
raise this em at their next meeting
and advise
the Parks and Recreation Director
to ensure that the Provincial and
is eries Representatives are consulted
Federal
during the plannin g sta
tages
e
roe er s
or M arian
.
i

I

i

I

par

ITEM

1

CERTIFICATES OF APPRECIATION — LITTER
CLEAN-UP CAMPAIGN 1967

The Committee rev iewed the various
who part ic i pated in the C lean-Up
Campa i gn. T. Chong adv ised that he groups
has not heard back f rom Ms. ynda
Watk in of the Divisional Girl Guides st i
as
to
how many different groups in her
organization participated. The Committee resolved
to:
I

I

I

a.

Make presentations

Council Meeting to:

of Certificates of Appreciation at the next
convenient

(i) R.CD 6.C.C. Grilse

(ii) Burke Mountain Girl Guides (various groups when known)

(iii) PoCo Hunting and Fishing Club
b.

Send Certificates of

Appreciation to:

(i) Hope Lutheran Youth Group
(ii& Central Elementary School
(iii) Hastings Junior Secondary School
(iv) Lincoln Elementary School
(v& Viscount Elementary School
(vi) Westwood Elemenfary
(vii) Mary Hill Elementary School
School
(viii) Hazel Trembath Elementary
(ix) I.eioh Elementary School
ITEM

IV: SPILL CONTAINMENT KIT

T. Chong

showed the Connmittee a catalogue of
markelj'o contain accidental
spills. The committee various items available on the

of these items which amounts to aporox
imately $

1,300.

approved the purchase of several

ITEM V: OTHER BUSINESS

a.

The memo from the Bylaw Enforcement
Officer dated May 20, 1987, re:
Amendment to Bylaw No. 1020 was deferred
for discussion until Mr. Criggie is
available to present his case.

b.

Alderman Gates stated that h

c.

received a complaint that there are several red
pools existing at the ..ast end
of the Patricia footbridge. T. Chang and
Alderman Gates will visit the site to
investigate this the next day.
Alderman Gates advised that he spoke
again to Ger ry St-Germa in, M.P.
regarding the ikel ihood of federal funding
for a consultant's study on
cleaning up the Coquit am R iver. Alderman Gates
was advised that letters
should once again be sent to as many lnf
vent
ial
pol
itlcians, both federal
and prov inc lal, as possible reminding
them of the urgency of this work. T.
Chong caut ioned that this may be another
the pursuing of this matter actively on his tactic used by St-Germain to defer
part.
I

i

i

NAY

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~~eSIRiaeeseu

ihe Meeting Adjourned at 6:20 p.m.

Cllon~En

T.M.

Deputy City Engineer/
Operations Manager

NOTE:

cc

Minutes not read and adopted by the Committee until
Cormittee Chairman's signature.

Mayor and Aldermen

City Administrator
City Clerk
City Engineer

AldeFman SMD. Gates,

Committee Chairman

certiti ed correct by the

'IHE CORPORATION

OF THE CITY OF PORT COIIUITIAM

NEI iORANDUN

TO

Alderman M

FPON:

R.G. Criggie
Chief Licence Inspector/Bylaw Enforcement

DATE:

Nay

Gates
Environmental Protection Commity Chairman

20'987

Officer

to
«1020, Animal Control Bylaw
for the City ofBylaw
Port Coquitlam.

RE:

Ammendment

Amendment as per suggested by the City
Solicitor
Grant Anderson. control
of
snakes,
rats
and mice in a
residential zone. Ne feel that sub-section
A, more than
four snakes and sub-section B, a total of more
than 4
and other rodents.

rats'icei

See attached correspondence.

Criggie

R-G.

Chief Licence Inspector
Bylaw Enforcement Officer

c.c.

—

T. Chong

Deputy City Engineer/Operations Nanager

2272 M ALLISTER AVENUE
PORT COOUITLAM.

vsc 2Ae
OUR

e.c.

TKI.TPAPr 4

941.5411

ILE

May

5, 1987

Lidstone, Young, Baker

Barristers 4 Solicitors,d Anderson
Suite 1607
808 Nelson Street,
Box
12147, Nelson Square
Vancouver, B.C.

V62 2H2

Mr. Grant Anderson

ATTENTION:

Dear Grant
Re I

Hen

1

th Bylaw No . 908

—

Your

File No. 201

It has been brought to my attention by way of a complaint that
Mr. Larry Moor of 1491 Pltt River Road Is harbouring and
breeding etc., a large quantity of "Snakes" of all
kinds In his
basement.
a

April this year Mr. BIII Boleele, Vector'ontrol Biologist,
Fraser Health Unit and attended at 1491 Pitt River Road
and spoke with Mr. Moor. An inspection of the basement showed
snakes In cages kept for breeding and rats and mice kept In
adjacent room for the purpose
of breeding to feed the snakes.
This was admitted by Mr. Hoor that he has approximately
150
snakes of al
On

Simon

I

I

kinds and 100 rats end mice

As the health Bylaw No. 908 has no provlslon nor does lt
ment i on anyth ng about keeping of snakes
would therefor
suggest a section and amendment to this Bylaw No. 908 to lmlt
the number of snakes ln a residential zone and also breeding of
I

I

~

I

rats and mice In a RS-I Zone.
I

look forward to your suggestion and reply

/g~
Yours very truly,

Bylaw Enforcemert Officer

RGC/al

c.c.

R.A. Freeman

City Clerk

NY 7

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LIDSTONE, YOUNG, BAKER 60 ANDERSON
BARRISTERS I SOLICITORS
Suite 1607 - 808 Nelson Street
Box 12147, Nelson Square
vancouver, B.C. V6Z 2H2

-(IQU

jj~
oy

May

Telephone: (604) 689-7400
Telecopier. (6041 689i 3444

14, 1987

Ronald G. Criggie
Chief Bylaw Enforcement Officer
City Hall
Port Coquitlam, B.C.
Mr.

V3C 2AB

Dear Ron.

Regulation of Snakes and Rodents

Our File No. 19-S-117

Further to your letter of May 5, 1987, we have considered the
available to
City to regulate the keeping of snakes,
rats and mice, and the
in
particular
the situation involving Mr .
Moore 's property at 1491 Pitt River Road.
(Ee have reviewed "Public Health
1969, No. 908" and have
fcttnd no provision in that BylawBylaw,
which regulates the keep'ng of
snakes, rats or mice.
Accordingly, there is no basis for
chargittg Mr. Moore with a violation of the health
bylaw.
In order to deal with
activities and ary similar
situations which arise inMr.the Moore's
future,
we recommend
amendment
be made to the "Pound and Animal Regulation Bylaw,an 1970,
No.
"
1020 under Section 933 of the Municipal Act R. S.B.C.
1979,
c.
290
(the "Act").
In both French v. North Saanich (1911) 16
B.C.R . 106 (B,C. Supreme Conrt) and R. v. Mould (1920) 52 D.L.R.
302 (B .C. Court of Appeal) the Court stated it was
doubtful that
health regulation powers
may be used to limit the number of
animals on a property or to regulate animals otherwise than by
prohibiting unsanitary or unhealthful
conditions associated with
animals. Similarly, it was held in French
v. North
a municipality's nuisance regulation powers are not saanich that
applicable to
prohibition or regulation of an-'mals, as even a "menagerie"
is
not automati ally a nuisance.
However, Section 933(1)(d) of the Act empowers Council to
"regulate or
methods

prohibit":

"(d) the keeping of dogs, horses, cattle,
sheep, goats, swine, rabbits or other
animals, and define areas in which they
may be kept or may not be kept; "
Under Section 1 of the Act, regulating includes limiting and
restricting, so the number of animals kept may be restricted.
(
NAY 2 I ]gII7

If Council wishe s to

proceed with restrictions, an amendment
Bylaw No. 1020 could be
made in the following terms:

to

"OTHER ANIMAIS

person shall keep:
(a) more than four snakes; and
(b) a total of more than four

31 A. No

and other rodents

Council ma

rats,

mice,

on any parcel of land in the
City, other
than on premises licenced
as a pet shop. ".

wish to ad d other types of animals to this
regulation
well.
Also, it should be
confirmed that "pet shop"
is a
business classification in the businesss
licence bylaw.
It is probable that the foregoing regulation would
u. e aapp licable
ica e
n
ough he now has a large number be
of
snakes
in
In Peters v. District of Chilliwack
Supreme Court, Vancouver Registry
B.C.
(Unreported,
No.
A pri'1 1 1, 1906) it
a a ylaw under Section A860491
933(1)
(d) is not a zoning
bylaw, even though it may differentiate areas
for the purpose of
regulating animals.

as

~

Accordingly, the doctrire of lawful non-conformity
set ou
out in
Act would likely not apply and Mr.asMoore
thus have no acquired
would
right to keep more than the permitted
rats and mice. Even if Mr. Moore successfully
argued that keeping snakes
is a use of land wwh'ic cou ld b e
.
p rotected
b y the doctrine of non-conformity
it is not
o a 1 an d use
which is
'
ermitte in. the residential
zone governing
3s
property. p

h's

'ed

The better
etter view is that a bylaw

v'r.

Section
ion 933(1)(d) regu 1 ates
Moore's conduct rather than under
the
use
of
his land a n d th us.e
would be re quired
h
i
to
alter
his
conduct
to
comply w'th
i
n ew
regulations.

Sincerely,

LIDS TONE ~ YOUNG ~ BAKER 6 ANDERSON
[1y(()I)( hh dI460(4

GRANT ANDERSON

cc:

Mr. Bryan R. Kirk, City Administrator
v4fr. Ronald A. Freeman,
City Clerk

N4Y 2 ) tgag

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