Animal Control By-law No. 5900/57/91

Brandon, Manitoba · adopted 1991-01-01

This is the exact embedded text of the captured official document. Snapshot 8029d6491abb · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CONTINUING CONSOLIDATION ANIMAL CONTROL BY-LAW NO. 5900/57/91 AS AMENDED BY BY-LAW NOS. 5924/81/91, 5989/26/92, 6010/47/92, 6048/85/92, 6115/64/93, 6171/20/94, 6221/70/94, 6333/60/95, 6411/57/96, 6493, 6603, 6647, 6665, 6733, 6759, 6770, 6915 ,7127, 7165 AND 7309. BEING A BY-LAW of The City of Brandon to regulate and control dogs, cats and other animals to be known as the "Animal Control By-law". [AM. B/L 6647] WHEREAS The City of Brandon is empowered under The Animal Husbandry Act, RSM 1987 c.A90 and The Municipal Act, RSM 1988, c.M225 to regulate the keeping of animals, including dogs and cats, by by-law; AND WHEREAS it is deemed expedient and in the public interest to regulate and control animals in the City of Brandon; NOW THEREFORE the Council of The City of Brandon in regular session assembled, enacts as follows: PART I - DEFINITIONS 1. (a) All references herein to "he" shall include "she" unless the context thereof requires otherwise. (b) In this by-law: 1. "ACT" means The Animal Husbandry Act of the Province of Manitoba and current amendments thereto unless otherwise indicated. 2. "ANIMAL" means any animal that is kept in domestication or captivity and includes any part of an animal whether it is dead or alive. 3. "ANIMAL CONTROL OFFICER" means the Animal Control Officer of the City Police Service and any one acting or authorized to act on his behalf. [AM. B/L 6171/20/94] 3.01 "ANIMAL RESCUE ORGANIZATION" means an organization that meets all of the following criteria: i. it is not operating for the preponderant purpose of earning a profit; ii. its primary goal is the rescue, rehabilitation and adoption of dogs or cats; iii. it does not adopt dogs or cats unless the dog or cat is sterilized at the time of adoption or, if the adopted dog or cat is under the age of six months, only adopts the dog or cat on condition that the adopter BY-LAW NO. 5900/57/91 -- 2 -- sterilize it within six months of the adoption and it is actively enforcing that condition; iv. it is not engages in the breeding of dogs or cats; and v. it has been endorsed as to its care of animals by a veterinarian licenced to practice in the Province of Manitoba. [EN. B/L 7309] 3.1. " AVIARY" means any pen or run enclosed by wire immediately adjacent to the pigeon coop, into which pigeons can only enter directly from the pigeon coop. [EN. B/L 6411/57/96] 4. "BREEDER" means any person who raises dogs or cats within the City for the purpose of breeding and the sale of the off-spring thereof. 5. "CAT" means all species of the animal commonly known as cats, and which are at least six (6) months of age, and includes the female as well as the male of every breed or classification or mixture of breeds. 6. [REP. B/L 6010/47/92] 7. [REP. B/L 6010/47/92] 8. [REP. B/L 6010/47/92] 9. [REP. B/L 6010/47/92] 9.1 "DANGEROUS DOG" means a dog which has been declared to be dangerous pursuant to section 7.1. [EN. B/L 6171/20/94] 10. "DOG" means all species of the animal commonly known as dogs, and which are at least six (6) months of age, and includes the female as well as the male of every breed or classification or mixture of breeds, unless otherwise specified. 11. "DWELLING UNIT" means one or more rooms in a building designed for one or more persons as a single housekeeping unit with cooking, eating, living, sleeping and sanitary facilities. 11.1 "GENERAL HOLIDAY" means a proclaimed and approved holiday by the Federal Government or the Manitoba Provincial Government. [EN. B/L 7309] BY-LAW NO. 5900/57/91 -- 3 -- 12. "GUIDE DOG" means any dog specially trained for and actually used as a guide by a person whose sight or hearing is impaired or who is blind or deaf. [AM. B/L 6010/47/92] 13. "KENNEL" means any premises on which more than two (2) animals are boarded, bred, trained or cared for, in return for remuneration, or are kept for the purpose of sale. A kennel shall not include a veterinary clinic, animal hospital, or animal pound. 14. [REP. B/L 6010/47/92] 14.1 "OFF-LEASH DOG PARKS" means any open space area so designated by signs, where dogs are allowed to be at large, but can be brought under the direct control of the owner at all times. [EN. B/L 6759] 15. "OWNER" means any person who owns, possesses, or harbours any dog or cat within the City and shall include breeder. 15.1 "PEST" means any animal, bird, insect or rodent, domestic or wild, causing a health hazard. [EN. B/L 6647] 16. [REP. B/L 6010/47/92] 16.1 "PIGEON" means any pigeon kept for domestic purposes, including as a pet, racing pigeon, and show pigeon. [EN. B/L 6411/57/96] 16.2 "PIGEON COOP" means any building or structure in which pigeons are housed or kept. [EN. B/L 6411/57/96] 17. "POLICE DOG" means any dog specially trained for and actually in service with the Police Service, the R.C.M.P. or any other police department or government law enforcement agency and under the direct control and supervision of an Officer. [AM. B/L 6171/20/94] 18. "POUND" means any premises where dogs and cats are confined in accordance with the provisions of the Act or this By-law. 19. "POUNDKEEPER" means a person appointed to have charge and supervision over a pound in accordance with the provisions of the Act or this By-law. BY-LAW NO. 5900/57/91 -- 4 -- 19.1 "PREMISES" means any property and the structures located thereon. [EN. B/L 5989/26/92] 20. "RUN AT LARGE" as applied to an animal means that the animal is not under the direct and continuous charge and effective control of a person competent to control it or is not under control by confinement within an enclosure, and "RUNNING AT LARGE" and "AT LARGE" have a corresponding meaning. 20.1 "SEVERE INJURY" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. [EN. B/L 6171/20/94] 20.2 "SLED DOG" means any dog kept or harboured for the purpose, and used in the sport, of dog-sledding. [EN. B/L 6221/70/94] 21. "STERILE" means: i) as it applies to male dogs and cats - neutered; ii) as it applies to female dogs and cats - spayed, or having undergone ovariohysterectomy. 22. [REP. B/L 6010/47/92] PART II - LICENSING 2. No person, or persons, in occupation of a dwelling unit or other premises shall own, possess, or harbour any more than two (2) dogs and two (2) cats over six months of age. [AM. B/L 5989/26/92] 2.1 (a) Notwithstanding section 2: 1. any person who owned, possessed, or harboured more than two dogs and/or two cats prior to January 1, 1993; or 2. any person who moves into the City from another jurisdiction and owned, possessed, or harboured more than two dogs and/or two cats prior to their move; may continue ownership, possession, or harbouring of those animals, providing sufficient evidence to support the claim is supplied to the satisfaction of the Supervisor of Municipal Licensing. [AM. B/L 6171/20/94] (b) Any person to whom subsection (a) applies shall not be entitled to acquire, by any means, any additional dogs and/or cats until the number of dogs and/or cats they own, possess, or harbour falls below the number authorized by this by-law, at which time they must comply with the provisions of section 2. (c) Any person to whom subsection (a) applies shall be subject to all other provisions of this by-law. [EN. B/L 6048/85/92] 3. (a) The owner of every dog over six months of age shall annually obtain a license from the Supervisor of Municipal Licensing who shall, subject to subsection (g) and upon payment of the required license fee as set out in the City's annual fee schedule, issue a license tag for such dog. [AM. B/L 6603] (b) The owner of every cat over six months of age shall annually obtain a license from the Supervisor of Municipal Licensing who shall, subject to subsection (g) and upon payment of the required license fee as set out in the City's annual fee schedule, issue a license tag for such cat. [AM. B/L 6603] (b.1) The owner of any dog which has been declared to be dangerous pursuant to section 7.1 shall annually obtain a license from the Supervisor of Municipal Licensing who shall, subject to subsections (b.3) and (g) and upon payment of the required license fee as set out in the City's annual fee schedule, issue a license tag for such dog. [EN. B/L 6171/20/94; AM. B/L 6603] (b.2) The owner of any dog which has been declared to be dangerous pursuant to section 7.1 shall, no later than the tenth day after receiving notice from the Supervisor of Municipal Licensing that his dog has been declared to be dangerous, obtain a license for the remainder of the license year from the Supervisor of Municipal Licensing who shall, subject to subsections (b.3) and (g) and upon payment of the required license fee as set out in the City's annual fee schedule, issue a license tag for such dog. [EN. B/L 6171/20/94; AM. B/L 6603 AND 6665] (b.3) Every owner of a dangerous dog must produce, prior to a license being issued, evidence that he has in place a comprehensive general liability insurance policy including coverage for damage or injury caused by his dog covering the balance of the license year with a minimum limit of liability of $300,000.00 per occurrence. [EN. B/L 6171/20/94] (c) The owner shall place and keep around the neck of every dog or cat a collar to which shall be securely fastened the current year's license tag issued in accordance with subsections (a), (b), (b.1), or (b.2). (d) Where the license tag for any dog or cat becomes lost or stolen, the Supervisor of Municipal Licensing may issue a new license tag upon production of the receipt issued for the current year's license and payment of a replacement fee as set out in the City's annual fee schedule. [AM. B/L 6603] (e) Said license is not transferable from one dog or cat to another, and no refund shall be made on any paid up dog or cat license fee because of the death or sale of the dog or cat, or upon the owner leaving the City before the expiration of the license period. (f) Where a change of ownership of a dog or cat licensed hereby occurs during the license year, the new owner may have the current license transferred to his name upon payment of a transfer fee as set out in the City's annual fee schedule. [AM. B/L 6603] (g) Subject to subsection (h), every owner shall have their dog or cat vaccinated and revaccinated against rabies according to the labeled duration of the vaccine used, and prior to a license being issued, must produce a Certificate of Vaccination for rabies for that dog or cat from a licensed Veterinary Surgeon indicating that the dog or cat has been vaccinated for rabies within the prescribed labeled duration of the vaccine used, and current vaccination tags shall be affixed at all times to a collar worn on the neck of the dog or cat. [AM. B/L 6915] (h) Where a licensed Veterinary Surgeon has stated in writing that a dog or cat, for medical reasons, cannot be vaccinated for rabies and such statement is produced to the Supervisor of Municipal Licensing, that dog or cat and the owner thereof shall be exempt from the provisions of subsection (g). (i) The Supervisor of Municipal Licensing shall keep a record of all dog and cat licenses imposed and tags issued under the provisions of this by-law showing the name of the owner of each dog or cat and number of the tag issued in respect to each dog or cat, and shall account for monies received as dog and cat licenses. 4. (a) Every breeder and every person operating a kennel within the City shall annually obtain a Breeder/Kennel license from the Supervisor of Municipal Licensing and pay the required fee as set out in the City's annual fee schedule. [AM. B/L 6603] (b) Notwithstanding Section 2, breeders shall be permitted to own, possess or harbour more than two (2) dogs and two (2) cats over six months of age providing the dogs or cats are kept within the dwelling unit or in a property enclosure designed to confine the dogs or cats. (c) The Council may, from time to time, make regulations respecting breeders and for the operation of kennels within the City as it deems necessary. (d) The City retains the right to revoke any Breeder/Kennel license for non- compliance, including but not limited to excessive noise. (e) Compliance with this Section does not negate the obligation to comply with "The City of Brandon Zoning By-law" and the City's Nuisance By-law, and other City by-laws of general application. [AM. B/L 6010/47/92] 4.1 (a) Every person who keeps or harbours sled dogs shall annually obtain a Sled Dog Sport license from the Supervisor of Municipal Licensing, subject to authorization by City Council in accordance with subsection (b), and pay the required fees as set out in the City's annual fee schedule. [AM. B/L 6603] (b) Each initial request for a Sled Dog Sport license shall be presented to City Council for authorization and, if granted, such authorization shall continue until the license is not renewed or is revoked, or the location where the sled dogs are kept is changed. (c) Each request presented to City Council must include: (1) the address and zoning designation of the property where the sled dogs are to be kept; (2) the zoning designation of surrounding properties; and (3) proof that the sled dogs will be used for the sport of dog-sledding. (d) Notwithstanding section 2, each Sled Dog Sport licensee shall be permitted to keep a maximum of fifteen (15) sled dogs however, City Council retains the right to reduce this number as individual circumstances warrant. (e) Sled Dog Sport licensees shall not be permitted to breed sled dogs at the licensed premises without first obtaining a Breeder license and complying with all breeder provisions. (f) The City retains the right to revoke any Sled Dog Sport license for non- compliance, including but not limited to excessive noise. (g) Compliance with this section does not negate the obligation to comply with other provisions of this by-law, the Nuisance By-law, and other City by-laws of general application. EN. B/L 6221/70/94] PART III - REGULATIONS DIVISION I - GENERAL 5. (a) No owner shall: (1) permit his dog to be anywhere other than on the owner's premises unless: i) the dog has a collar and the proper license tag, and ii) the dog is on a leash, not longer than 1.8 metres (6 feet), and iii) the dog is under the immediate charge and effective control of some competent person. [AM. B/L 6171/20/94] (2) permit his cat to be anywhere other than on the owner's premises unless the cat has a collar and the proper license tag; (3) permit his dog or cat to run at large or be at large except in designated off-leash dog parks; [AM. B/L 6759] (4) permit his dog or cat to unduly disturb the quiet of any person, in the case of a dog by howling or barking; (5) permit his dog or cat to defecate on any public property or on any private property other than the property of the owner; (5.1) permit any dog or cat feces or urine to accumulate on the owner's property to the point where the presence of same causes, in the opinion of the Animal Control Officer, an offensive odour to emanate from the property; [EN B/L 6493] (6) permit his dog or cat to damage public property or private property other than the property of the owner; (7) harbour or keep any dog or cat over the age of six months for which a license has not been issued for the current license year; (8) [REP. B/L 6171/20/94] (9) permit his dog to disturb or annoy any person or persons by chasing or barking at any pedestrian or vehicle on a public thoroughfare; (10) permit his dog or cat to be a public nuisance or to bite or threaten to attack any person or animal; [AM. B/L 6647] (11) permit his dog or cat to pursue, bite, or wound any person or animal, other than on the property of its owner; [AM. B/L 6171/20/94] (12) permit a dog on any school ground or playground, whether under control or not. (13) refuse the Animal Control Officer the right to see and inspect any dog or cat which the Animal Control Officer suspects may have violated or be in violation of the provisions of this by-law. [EN. B/L 6171/20/94] (b) Where a dog or cat defecates on property other than the property of its owner, the owner shall cause such excrement to be removed immediately and such excrement shall be disposed of by the dog or cat owner in accordance with the City's Solid Waste Disposal By-law. [AM. B/L 6010/47/92] (b.1) Any person who has immediate charge and control of a dog or cat on public property or private property, other than the property of the owner, shall have possession of equipment or materials sufficient to properly remove animal excrement and ensure disposal of such excrement is in compliance with the City's Solid Waste Disposal By-law. Such equipment or materials must be produced upon demand of the Animal Control Officer and be suitable for removal and disposal of such excrement in the opinion of the Animal Control Officer. [EN. B/L 6171/20/94] (b.2) Any person who removes or causes to be removed dog or cat excrement from any property, including the property of the owner, shall ensure such excrement is disposed of in accordance with the City's Solid Waste Disposal By-law. [EN B/L 6493] (c) Where public or private property has been damaged by a dog or cat, its owner shall be deemed to have failed or refused to comply with paragraph (a)(6) of this section and shall be subject to claims for restitution upon initiation of a civil action by the party suffering a loss with proof of damages. [AM. B/L 6171/20/94] (d) A female dog in heat shall be confined and housed in the dwelling unit or other structure of the owner or person having control of the dog for the period of time that she is in heat, or taken to a licensed kennel for the whole period of time in heat. [AM. B/L 5989/26/92] 6. It shall be an offence for any person, without lawful excuse, to remove a collar or tag from any dog or cat for which a tag is issued under this by-law. 7. It shall be an offence for any person to tease, entice, bait or throw objects at a dog or cat confined within its owner's property. 8. It shall be an offence for any person to abandon any pet, bird or animal on private property, or any other property including the property of its owner. [AM. B/L 6733] DIVISION II - DANGEROUS DOGS 7.1 (a) The Supervisor of Municipal Licensing, upon receiving a request from the Animal Control Officer indicating there is reason to believe that a dog has caused or is likely to cause serious damage or injury, shall hold a hearing to determine whether or not that dog should be declared to be dangerous. (a.1) Notwithstanding subsection (a), the Animal Control Officer in his discretion may elect to issue a warning letter to the owner advising of the dog's inappropriate behaviour and requiring immediate compliance if a hearing is to be avoided. [EN. B/L 6647] (b) The Supervisor of Municipal Licensing shall give written notice of the determination hearing to the owner of the dog at least five days in advance of the hearing by serving a notice upon the owner or by mailing same by certified mail to the last address provided by the owner to the Supervisor of Municipal Licensing in relation to the licensing of the dog. The notice shall include: (1) a statement of the time, place and purpose of the hearing; (2) a copy of PART III, DIVISION II of this by-law (3) a statement that if the owner does not attend at the hearing, the matter may be dealt with in his absence and that he will not be entitled to any further notice in the proceedings. (c) (1) The owner may appear at the hearing with or without counsel and may call witnesses on his behalf. The owner shall be entitled to hear all evidence presented at the hearing and to inspect any documents filed. (2) Where the owner does not attend at the hearing, having been given notice as provided in this section, the matter may be dealt with in his absence and the owner shall not be entitled to any further notice in the proceedings. (d) Within five working days of the determination hearing, the Supervisor of Municipal Licensing shall issue written findings resulting from the hearing and (1) shall make an order declaring the dog to be dangerous if in his opinion i) the dog has caused severe injury to a person without provocation, whether on public or private property; ii) the dog has, while off its owner's property, killed a domestic animal without provocation; or iii) the dog is kept, harboured or used primarily for the purpose of guarding property and is not a police service dog owned by the City or a government law enforcement agency. (2) may make an order declaring the dog to be dangerous if, in his opinion, it is likely to cause serious damage or injury, taking the following factors into account: i) whether the dog has bitten, wounded or injured any person or animal; ii) the circumstances surrounding any previous biting or wounding incidents; and iii) whether the dog, when unprovoked, has shown a tendency to pursue, chase or approach in a menacing fashion persons or animals upon a street, sidewalk or any public or private property. (3) shall provide a copy of his findings to the owner in the manner provided in subsection (b) hereof. [AM. B/L 6665] (e) The decision of the Supervisor of Municipal Licensing on a determination hearing held in accordance with this section, is final and absolute. [AM. B/L 6665] (f) [REP. B/L 6665] (g) Where a dog is declared to be dangerous by the supervisor of Municipal Licensing, any license previously issued in relation to that dog shall be deemed to have been cancelled effective as of the tenth day following the order of the supervisor of Municipal Licensing. [AM. B/L 6665] (h) (1) Every owner who has received notification from the Supervisor of Municipal Licensing pursuant to subsection (b) that a determination hearing will be held with respect to his dog shall ensure that the dog remains confined upon the premises of the owner pending the final outcome of the hearing. (2) Paragraph (1) shall not apply if the dog is impounded or if the Supervisor of Municipal Licensing receives written confirmation from a licensed Veterinary Surgeon that the dog has been placed in his custody pending the outcome of the hearing. (i) Every owner of a dog which has been declared to be dangerous shall: (1) cause the dog to be tattooed upon the ear or flank by a licensed veterinary surgeon with the identifying information approved for registration in the Manitoba Tattoo Registry and provide a copy of the record of such tattooing to the Supervisor of Municipal Licensing; (2) ensure that the dog, while on private property, is kept either securely confined indoors or in a securely enclosed and locked pen, structure or compound which: i) is capable of preventing the entry of young children and preventing the dog from escaping; ii) has minimum dimensions of 1.5 metres (5 feet) by 3.0 metres (10 feet); iii) has secure sides; and iv) provides protection from the elements for the dog; (3) permit the dog upon public property only if it is muzzled, restrained by a chain or leash not exceeding 1.8 metres (6 feet) in length and under the control of a responsible person; (4) display at each entrance to the property and/or building in or upon which the dog is kept a sign, stating "BEWARE DANGEROUS DOG". The said signs shall be a minimum size of 25 cm. X 30 cm. (approx. 10" X 12") and posted to the satisfaction of the Animal Control Officer and in such a manner as cannot be removed easily by passersby and will be visible and capable of being read from the sidewalk, street, and lane, if any, as applicable; (5) within two working days of selling or giving away the dangerous dog, provide the Supervisor of Municipal Licensing with the name, address and telephone number of the new owner; (6) advise the Supervisor of Municipal Licensing within two working days of the death of the dangerous dog; (7) advise the Animal Control Officer forthwith if the dangerous dog is loose or has bitten or attacked any person or animal; (8) maintain in force a comprehensive general liability insurance policy including coverage for damage or injury caused by his dog with a minimum limit of liability of $300,000.00 per occurrence. (9) ensure strict compliance with all provisions contained in this subsection or forfeit ownership of the animal to the City whereby the dog will be seized and ownership relinquished. [EN. B/L 6647] (j) No person shall deface or remove a sign posted pursuant to paragraph (i)(4) without having first obtained the permission of the Supervisor of Municipal Licensing. [EN. B/L 6171/20/94] DIVISION III - NEGLECT OR ILL-TREATMENT 7.2 Pursuant to the Act, (a) Where there are reasonable grounds to believe that an animal is: (1) impounded, yarded, or confined without necessary food, water, or attention, for more than 15 consecutive hours; or (2) is being wantonly, cruelly, or unnecessarily beaten, bound, tortured, ill-treated, abused, or subjected to pain or discomfort; or (3) is unduly exposed to cold or overcrowding either in an enclosure or in transit; the Animal Control Officer may: (4) by force, if necessary, open and enter into any place in which the animal is so impounded, yarded, or confined; (5) supply the animal with necessary food, water, and attention, as long as it remains in that place; (6) if he deems it necessary, remove the animal; and (7) recover from the owner of the animal the amount of the expense necessarily incurred by him for food and attention; and the Animal Control Officer is not liable for any entry under paragraph (4) or any removal under paragraph (6). (b) The Animal Control Officer shall forthwith give written notice of the action he has taken to the owner of the animal, if he is known. (c) (1) Where the Animal Control Officer has reasonable grounds for supposing that an animal is being ill-treated or neglected, he may take possession of it in any place for the purpose of having it examined by a veterinary surgeon. (2) Where the owner can be conveniently found the Animal Control Officer shall notify him in writing or verbally where appropriate or necessary of the time and place of the examination. [AM. B/L 6647] (3) Where in the judgement of the veterinary surgeon, the animal has been neglected or cruelly treated, the Animal Control Officer, with or without the consent of the owner, may, with the approval of the veterinary surgeon, forthwith destroy it, or may place it under proper and sufficient care and treatment for a period not exceeding 30 days, during which time the owner shall have access to, and the use of the animal, with the consent of the veterinary surgeon. (4) The owner of any such animal is liable for its food, care, and treatment while so detained; and the person supplying the food, care, and treatment, or responsible therefor, has a lien on the animal for the cost thereof. [EN. B/L 6171/20/94] DIVISION IV -- PIGEONS 7.3 (a) No person shall erect, construct, place, relocate or maintain any pigeon coop, or any structure intended for the keeping of pigeons, within the following areas: (1) the front yard of any premises; (2) the required side and rear yards for accessory buildings and structures, in accordance with the City of Brandon Zoning By-law, of any premises; (3) 9.0 metres of any school, place of worship, dwelling or other premises used for human habitation or occupancy; and (4) a property having a site area of less than 558.0 square metres. [AM. B/L 7127] (b) All pigeons must be confined to a pigeon coop which shall: (1) be situated on the property in accordance with the site requirements as set out in the City's Zoning By-law; [AM. B/L 7127] (2) be of a construction design which will provide adequate ventilation, protection from the elements, and lighting for the number and type of pigeons being housed therein; (3) provide a minimum of 0.19 square meters (2 square feet) of floor space for each pigeon; (4) be maintained on the exterior as well as other buildings on the same lot; (5) have the interior limewashed, painted, or disinfected at least once in each six month period; (6) be kept at all times in a sanitary condition and the removal and disposition of all refuse shall be done in a regular and sanitary manner and disposed of in accordance with the City's Solid Waste Collection and Disposal By-law as it pertains to animal waste; (7) be subject to periodic inspections by the Animal Control Officer. (c) The provisions set out in subsection (b), clauses (1), (6), and (7) shall also apply to the aviary. (d) No more than one hundred (100) pigeons shall be permitted at each residence; (e) For the purpose of supervised exercise, half of an owner's flock may be released at a time and each half of the flock shall be allowed a maximum of one hour flying time each day; (f) Situations in existence prior to July 24, 1995 are permitted to continue subject only to those regulations relating to release times, number of pigeons, and the condition of the pigeon coop. For such existing situations regulations respecting the location/distance of the pigeon coop and the requirement for conditional use approval are grandfathered, provided however that any major changes, such as rebuilding or repairing of the pigeon coop more than fifty percent (50%) must comply completely with the requirements of this by-law. [AM. B/L 7127] [EN. B/L 6411/57/96] DIVISION V - OFF-LEASH DOG PARKS 7.4 Use of any area designated as an off-leash dog park shall be subject to the following rules and regulations: (a) Dogs must remain leashed until entry into the park. (b) All owners to keep dogs under control at all times by way of verbal commands. If control cannot be maintained, the dog must be leashed and removed from the park. (c) Female dogs in heat shall not be allowed in the park at anytime. (d) All animal excrement shall be removed from the off-leash dog park by the person who has immediate charge and control of the dog, and disposed of in accordance with the City's Solid Waste Disposal By-law. (e) All dogs must have a current City of Brandon License which shall be produced when requested by the Animal Control Officer. (f) All dogs must have current vaccinations prior to entering the park. 7.5 Any person who contravenes, disobeys or neglects to obey any such rule or regulation pursuant to Section 7.4 shall be subject to expulsion or removal from the said off-leash dog park by persons appointed or authorized to enforce this by-law, and is guilty of an offence and subject to the penalties set out in Part IX - PENALTIES. [EN. B/L 6770] PART VI - ESTABLISHMENT OF POUND AND APPOINTMENT OF POUND AGENT 8. (a) There shall be established and continued a pound consisting of property enclosures for the impounding of dogs and cats under the provisions of this by-law and any such pound shall be placed in such location or part of the City or surrounding area as the Council shall from time to time direct. (b) Notwithstanding subsection (a), the Council may enter into an agreement with a private party who shall be the City's Pound Agent, for the purpose of providing property enclosures for the impounding of dogs and cats under the provisions of this by-law and any such Pound Agent, during the term of said agreement, shall be authorized to perform duties of the poundkeeper as may herein be assigned and shall be responsible for carrying out the duties so appointed by this by-law and the said agreement. [AM. B/L 6171/20/94; B/L 6647] 9. The Pound Agent shall: (a) provide sufficient food, water and shelter to every dog or cat captured, seized, and impounded during the time such dog or cat remains impounded; [AM. B/L 6171/20/94] (b) maintain a record, in a form attached hereto as Schedule "D" or containing the same information and approved by the City, of all dogs and cats deposited by the City for impounding together with dispositions of same, and amounts of fees received and to forward records and monies to the City at the end of each month with the signed approval of the Animal Control Officer; [AM. B/L 6171/20/94] (c) handle the retention and disposition of all impounded dogs and cats in accordance with the provisions of Part VI of this by-law. PART VII - DUTIES OF ANIMAL CONTROL OFFICER 10. The Animal Control Officer shall be responsible for enforcing the provisions of this by-law. [AM. B/L 6647] 11. It shall be the duty of the Animal Control Officer: (a) to capture, seize, and impound any dog or cat running at large, or which is at large contrary to the provisions of this by-law; [AM. B/L 6171/20/94] (a.1) to capture, seize, and impound any dog or cat which is without the proper license tag as required by this by-law; [AM. B/L 6171/20/94] (a.2) to destroy any pigeon found flying free and causing a nuisance; [AM. B/L 6171/20/94] (a.3) to destroy or remove any pest by the most appropriate method available; [EN. B/L 6647] (b) subject to the direction of the Chief of Police or the City Solicitor, to lay an Information against an owner alleged to have committed the offence of permitting his dog or cat to run at large or to be at large contrary to the provisions of this by-law; (c) to capture, seize, and impound any dog or cat not vaccinated as required by this by-law; [AM. B/L 6171/20/94] (c.1) to capture, seize, and impound a dog for incessant barking if the owner of the dog cannot be located after reasonable effort; [EN. B/L 6647] (d) to maintain a record of all dogs and cats impounded and of the disposition made of same for financial and statistical purposes. [AM. B/L 6171/20/94] (e) (1) upon a dog or cat being seized, to serve to the owner thereof a written notice, in a form attached hereto as Schedule "C", together with a copy of the City's annual fee schedule, and a copy of such notice shall be provided to the Pound Agent. [AM. B/L 6171/20/94; B/L 6603] (1.1) upon a dog or cat being impounded, to initiate an Animal Control Officers Report, in a form attached hereto as Schedule "D", and provide same to the Pound Agent for maintaining the record pursuant to subsection 9(b). [EN. B/L 6171/20/94] (2) if the owner of an impounded dog or cat cannot be ascertained after reasonable efforts have been made, to instruct the Pound Agent to proceed in accordance with section 14 hereof. (f) to utilize the most appropriate methods available when enforcing the provisions of this by-law including, where necessary, use of trapping and a tranquillizer gun. [EN. B/L 6647] 12. Quarantine for Rabies Determination (a) The Animal Control Officer shall seize and take into custody and place in quarantine any dog or cat that he has reason to believe has bitten or scratched any person, whether on private premises or elsewhere and whether the skin was directly punctured or lacerated or not, excepting that this provision shall not apply to police dogs while on tour of duty and under the control of a qualified dog handler. (b) The owner of such dog or cat may elect to have it delivered to a place other than the Pound for quarantine, however such place must be in the City and must be under the personal supervision of a licensed Veterinary Surgeon and the dog or cat must remain at such place, at the owner's expense, for ten days commencing from the date of the incident, or until a definite diagnosis that the dog or cat does, or does not, have rabies can be confirmed by a licensed Veterinary Surgeon. [AM. B/L 6171/20/94] 12.1 (a) The Animal Control Officer may demand to see any dog or cat which he has reason to believe is or may be in violation of the provisions of this by-law. (b) Where the Animal Control Officer has authority to capture, seize and impound any dog or cat pursuant to the provisions of this by-law and such dog or cat is not voluntarily surrendered to the Animal Control Officer by the owner, the Animal Control Officer shall be empowered to request a Provincial Judge, Magistrate or Justice of the Peace to issue an Order to seize and impound such dog or cat. [EN. B/L 6171/20/94] 13. It shall be an offence for any person to interfere with or obstruct the Animal Control Officer or any officer who is attempting to capture or seize or who has captured or seized any dog or cat in accordance with the provisions of this by-law. [AM. B/L 6171/20/94] PART VIII - IMPOUND REGULATIONS 14. Subject to Section 15: (a) The Pound Agent shall keep all impounded cats and dogs for a period of at least seventy-two (72) hours. Excluding the day of impounding and General Holiday. (b) The owner of any dog or cat impounded may redeem said dog or cat from the pound within seventy-two hours of impoundment by: (1) satisfying the Pound Agent as to his ownership of the dog or cat; and (2) providing proof of current vaccination against rabies and, if such proof is not provided, said owner shall be required to pay the cost of rabies vaccination; and (3) producing or buying a current City dog or cat license; and (4) paying to the Pound Agent all applicable impound fees as set out in the City's annual fee schedule. (c) Upon the expiration of 72 hours from the service of the notice under subsection 11(e), if the dog or cat has not been redeemed by its owner, the Pound Agent shall be authorized to sell the dog or cat for an amount sufficient to cover, where possible, all applicable impound fees as set out in the City's annual fee schedule, and vaccination costs, but in no case shall a dog or cat be released from the pound until a current City dog or cat license has been purchased for said dog or cat. (d) Notwithstanding subsection (b), the Pound Agent shall not permit the sale or release of a dangerous dog other than to its owner in accordance with subsection (a). (e) Upon the expiration of 72 hours, if the dog or cat has not been redeemed by its owner, the Pound Agent shall be authorized to contact animal rescue organizations in order to ensure the adoption of an animal that would not otherwise be adopted. Applicable impound fees will be waived for animal rescue organizations. (f) Upon the expiration of one hundred and forty four (144) hours, if the dog or cat has not been redeemed by its owner, sold or given to an animal rescue organization, the Animal Control Officer may direct the Pound Agent to have the animal destroyed by a Veterinary Surgeon and the owner shall pay to the City the cost of such destruction." [EN. B/L 7309] 15. Notwithstanding any provision to the contrary: (a) every impounded dog or cat which has or is suspected of having bitten or scratched any person, whether the skin was directly punctured or lacerated or not, shall be placed in quarantine by the Pound Agent and confined separate and apart from other dogs and cats; (b) every dog or cat so quarantined shall be kept by the Pound Agent, at the owner's expense, for a period of ten days commencing from the date of the incident, or until a definite diagnosis that the dog or cat does, or does not, have rabies can be confirmed by a licensed Veterinary Surgeon; (c) every dog or cat which has rabies shall be destroyed by a Veterinary Surgeon and the diagnosis confirmed; (d) every dog or cat so quarantined which dies during the confinement period shall have its head submitted to a licensed Veterinary Surgeon for rabies examination.. 16. No liability shall attach to the Animal Control Officer, to the Pound Agent, to the Pound Agent's employees, to the City's employees or agents, or to the City for any dog or cat destroyed or injured while being captured or seized, or during impoundment. [AM. B/L 6171/20/94] 17. The Animal Control Officer or any Officer, in the execution of his duties, may enter the land surrounding any private or public building in pursuit of a dog, cat or other animal which has been observed to be at large or running at large. [AM. B/L 6647] 18. The Animal Control Officer or any Officer may capture, seize, and impound any dog or cat in respect of which he believes or has reasonable grounds to believe an offence has been committed under this by-law or is being committed under this by- law. [AM. B/L 6171/20/94] 19. Any person filing a complaint with respect to a dog or cat must give the Animal Control Officer or other Officer his name, address and telephone number before any action will be taken, either to impound the dog or cat or to institute any legal proceedings. PART IX - POLICE DOGS 20. (a) Police Dogs shall be vaccinated annually against rabies. (b) With the exception of subsection (a), the Police Service, its officers, and Police Dogs shall not be subject to any other provisions of this by-law. [AM. B/L 6171/20/94] PART X - GUIDE DOGS 21. Owners of guide dogs shall be subject to all provisions of this by-law with the following exceptions: (a) No fee shall be charged for a license issued for a guide dog in accordance with subsection 3(a). (b) Sight impaired or blind persons shall not be subject to subsections 5(b) and 5(b.1), however every effort should be made to discourage the guide dog from defecating on public or private property. [AM. B/L 6171/20/94] PART XI - PENALTIES 22. (a) Any person violating any of the provisions of this by-law shall be liable on summary conviction to a fine of not less than Fifty Dollars ($50.00) for a first offence and not less than One Hundred Dollars ($100.00) for a second or subsequent offence and not exceeding One Thousand Dollars ($1,000.00) in either case, together with costs, or to imprisonment for a period not exceeding one month or to both such fine and imprisonment. [AM. B/L 6171/20/94] (a.1) Notwithstanding subsection (a), any owner of a dog which has been declared dangerous, shall be liable on summary conviction for any subsequent by-law offences to a fine of not less than One Hundred Fifty Dollars ($150.00) and not exceeding One Thousand Dollars ($1,000), together with costs, or to imprisonment for a period not exceeding one month or to both such fine and imprisonment. [EN. B/L 6171/20/94] (a.2) Any person who hinders or obstructs the Animal Control Officer or any other representative of the City under this by-law in the exercise of his duty is guilty of an offence and liable on summary conviction to a fine of not less than $100.00 or more than $1,000.00, and in default of payment of the fine, to imprisonment for a term not exceeding fourteen (14) days. [EN. B/L 6647] (b) Where the contravention, refusal, neglect, omission or failure continues for more than one day, the person is guilty of a separate offence for each day that it continues. PART XII: REPEAL AND ENACTMENT 23. (a) By-law No. 5874/31/91 be and the same is hereby repealed. (b) The repeal of the by-law in the last preceding subsection mentioned shall not revive any By-law or any provision of any By-law repealed by it, nor shall the said repeal prevent the effect of any saving clause in the said by-law or the application of the said by-law or any other by-law or provision of law formerly in force to any transaction, matter or thing anterior to the said repeal to which they would otherwise apply. (c) The repeal of the said by-law should not affect: (1) any penalty, forfeiture or liability incurred before the time of such repeal, or any proceedings for enforcing the same had, done, completed or pending at the time of such repeal; or (2) any action, suit, judgement, decree, certificate, execution, process, order, rule or any proceeding, matter or thing whatever, respecting the same had, done, made, entered, granted, completed, pending, existing or in force at the time of such repeal; or (3) any act, deed, right, title, interest, grant, assurance, registry, rule, regulation, contract, lien, charge, matter, or thing had, done, made, acquired, established, or existing at the time of such repeal; or (4) any office, appointment, commission, salary, allowance, security, duty, or any matter or thing appertaining thereto at the time of such repeal; or (5) any bond, note, debenture, debt, or other obligation made, executed, or entered into by the City at the time of such repeal. (d) The repeal of the said by-law shall also not defeat, disturb, invalidate, or prejudicially affect any matter or thing whatsoever had, done, completed, existing or pending at the time of such repeal. 24. (a) This By-law, excluding provisions respecting the licensing of cats, shall come into full force and take effect upon the passage thereof. (b) Provisions respecting the licensing of cats shall come into force and take effect on the 1st day of July A.D. 1991, with all cat licenses issued during 1991 to be valid until the 31st day of December 1992. 25. If any provision of this by-law is held to be invalid by a court of competent jurisdiction, the remaining provisions of the by-law shall not be invalidated. [EN. B/L 6171/20/94] DONE AND PASSED by the Council of The City of Brandon in regular session assembled, this 17th day of June A.D. 1991. "R. N. Borotsik" "W. I. Ford" MAYOR CITY CLERK Read a first time this 17th day of June A.D. 1991. Read a second time this 17th day of June A.D. 1991. Read a third time this 17th day of June A.D. 1991. I, Heather Coreen Ewasiuk, Clerk of the municipality of The City of Brandon, DO HEREBY CERTIFY the within to be a true and correct copy of Animal Control By-law No. 5900/57/91, as amended by By-laws No. 5924/81/91, No. 5989/26/92, No. 6010/47/92, No. 6048/85/92, No. 6115/64/93, No. 6171/20/94, No. 6221/70/94, No. 6333/60/95, No. 6411/57/96, No. 6493, No. 6603, No. 6647, No. 6665, No. 6733, No. 6759, No. 6770, No. 6915, No. 7127, No. 7165 and No. 7309. "H. Ewasiuk" City Clerk SCHEDULE "A" to By-law No. 5900/57/91 (Sections 3, 4 and 14) [AM. B/L 6010/47/92; 6048/85/92; 6171/20/94; 6221/70/94] [REP. B/L 6603] SCHEDULE "B" to By-law No. 5900/57/91 [REP. B/L 6647] SCHEDULE "C" to Animal Control By-law No. 5900/57/91 (Section 11) BRANDON CITY POLICE Incident No. IMPOUNDED DOG or CAT REPORT Officer assigned Section Description of dog or cat seized/impounded (including approximate age, sex. colour, brand or identification marks) Date seized Time seized (24 hr) Day Month Year Owners surname Given Sex Date of Birth Address Phone Day Month Year Owner notified by Time notified (24 hr) Date notified Day Month Year Reason for Impoundment Pursuant to Section of The City of Brandon Animal Control By-law NOTICE TO Owners surname Given Address TAKE NOTICE THAT THE WITHIN NOTED DOG/CAT HAS BEEN IMPOUNDED PURSUANT TO THE PROVISIONS OF THE CITY OF BRANDON ANIMAL CONTROL BY-LAW AND THAT THE CITY OF BRANDON MAY BE REQUIRED TO PROCEED WITH EUTHANASIA OF YOUR DOG/CAT IN ACCORDANCE WITH THE SAID BY-LAW (copy of disposition provisions attached). Signature of owner: Served by (signature) Number Division Time Served (24 hour) Date Served Day Month Year Location serviced BCP White: Owner Pink: Pound Yellow: File SCHEDULE "D" to Animal Control By-law No. 5900/57/91, ss. 9(b), c.11(e)(1.1) CITY OF BRANDON ANIMAL CONTROL OFFICERS REPORT DATE EUTHANIZED ________________________________________ MALE-FEMALE-DOG-CAT-OTHER ANIMAL ________________________________________ BREED OR CLOSEST RESEMBLANCE thereof ________________________________________ COLORS ________________________________________ NAME OF OWNER if known ________________________________________________________ ADDRESS ________________________________________________________________________ LICENSE NO. if known RABIES NO. if known _____________________ REASON FOR IMPOUNDING ANIMAL _______________________________________________ ____________________________________________________________________________________ AREA WHERE ANIMAL WAS PICKED UP ____________________________________________ WAS OWNER NOTIFIED HIS/HER ANIMAL WAS IMPOUNDED: YES-NO ________________ OFFICER'S REMARKS _____________________________________________________________ ____________________________________________________________________________________ OFFICER'S SIGNATURE ___________________________________________________________ STATEMENT OF VOLUNTARY RELINQUISHMENT: I, _____________________________ BEING THE OWNER OF THE ABOVE DESCRIBED ANIMAL, DO HEREBY RELINQUISH ALL OWNERSHIP INTEREST IN SAID ANIMAL TO THE POUND. THE POUND WILL ATTEMPT TO FIND A NEW HOME FOR THIS ANIMAL IF POSSIBLE, HOWEVER IT IS UNDERSTOOD THAT EUTHANASIA MAY BE NECESSARY. TO PARTIALLY COVER BOARDING AND CARE EXPENSES I AM PAYING A FEE OF $_________________. SIGNATURE OF OWNER: _____________________________________________ POUND ACKNOWLEDGMENT AND RECEIPT OF FEE: ________________________________