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TOWN OF CARBERRY
BY-LAW NO. 03/2023
BEING a By-Law of the Town of Carberry to provide for the regulation and control of
animals within the limits of the Town of Carberry.
Part I: Authority
WHEREAS subsection 232(1) of The Municipal Act, S.M. 1996, c. 58 (the "Act") provides,
in relevant part, as follows:
Spheres of jurisdiction
232(1) A council may pass by-laws for municipal purposes respecting the
following matters:
(a) the safety, health, protection and well-being of people and the safety and
protection of property;
(k) wild and domestic animals and activities in relation to them, including
by-laws differentiating on the basis of sex, breed, size, or weight;
(o) the enforcement of by-laws.
AND WHEREAS subsection 232(2) of the Act provides, in relevant part, as follows:
Exercising By-Law making powers
232(2) Without limiting the generality of subsection (1), a council may in a by-law
passed under this Division to:
(a) regulate or prohibit;
(f) except where a right of appeal is already provided in this or any other Act,
provide for an appeal and the body that is to decide the appeal, and related
matters.
AND WHEREAS subsection 236(1) of the Act provides, in relevant part, as follows:
Content of by-laws under clause 232 (1)(o)
236(1) Without limiting the generality of clause 232(1)(o) (enforcement of by-
laws), a by-law passed under that clause may include provisions
(a) providing for procedures, including inspections, for determining whether
by-laws are being complied with; and
(b) remedying contravention of by-laws, including:
(i)
creating offenses,
(ii)
subject to the regulations, providing for fines and penalties,
including the imposition of a penalty for an offense that is in
addition to a fine or imprisonment, so long as the penalty relates
to a fee, rate, toll, charge, or cost that is associated with the
conduct that gives rise to the offense, or related to enforcing the
by-law,
(iii) providing that an amount owing under subclause (ii) may be
collected in any manner in which a tax may be collected or
enforced under this Act,
(iv) seizing, removing, impounding, confiscating, and selling or
otherwise disposing of plants, animals, vehicles, or other things
related to a contravention,
(v)
charging and collecting costs incurred in respect of acting under
subclause (iv),
(vi) imposing a sentence of imprisonment for not more than six
months for the commission of offenses or nonpayment of fines.
AND WHEREAS subsections 5(1), (2) and (3) of The Animal Liability Act, S.M. 1998
c. 8 provide, in relevant part, as follows:
Animals not to run at large
5(1)
Except when permitted by a municipal by-law of a municipality, no owner or
person in charge of an animal shall allow it to run at large.
By-Law does not limit owner's liability
5(2) An owner's liability under section 2 is not limited or otherwise affected by a
by-law referred to in subsection (1).
No liability by reason only of making by-law
5(3) A municipality that makes a by-law referred to in subsection (1) is not liable, by reason
only of having made the by-law, for damages for any harm that an animal causes toa
person or property while running at large in the manner permitted under this by-law.
AND WHEREAS subsection 8(1) and 8(2) of the Disease Control Regulation M.R.
26/2009 of the Public Health Act C.C.S.M. c. P210 provides, in relevant part, as
follows:
8(1) If a physician or nurse, not including a medical officer or a public health nurse,
believes that a person has been bitten by an animal and that there is significant
risk that rabies may have been transmitted, the physician or nurse must, as
soon as practical, notify
(a) a medical officer; or
(b) a public health nurse;
and provide the medical officer of public health nurse with the information
about the biting incident that he or she requests.
8(2)
Upon receiving notice under this section, a medical officer or public health
nurse may, if he or she believes it is possible that rabies has been transmitted,
take steps to ensure that
(a) the animal is secured alive and without injury in a safe place;
(b) the animal is kept under observation for 10 days or any longer period
considered necessary by the medical officer or public health nurse; and
(c) the animal's head is preserved in ice and sent to a laboratory for
examination, if the animal dies or shows symptoms of rabies during the
observation period.
AND WHEREAS all previous by-laws dealing with the regulation and control of
animals passed by the Town of Carberry are hereby repealed with the passing of this
by-law.
PART II: DEFINITIONS AND INTERPRETATION
By-Law Name
2(1)
This By-Law may be referred to as the "Animal Control By-Law".
Definitions
2(2)
In this By-Law, unless the context otherwise requires,
"Aggressor animal" shall have the meaning ascribed thereto in section 11 of
this By-law.
"Animal control officer" means the person appointed by Council to enforce
the provisions of this By-Law, and includes any person acting as an assistant
to, or under the direction of, the animal control officer authorized by the
Council.
"Cat" means any member of the genus Fe/is domesticus (domestic cat).
"Council" means the council of the Town of Carberry.
"Current rabies vaccination" means that the dog or cat has been vaccinated
for rabies in accordance with international veterinary protocol which calls for a
primary vaccination, which is then followed with a booster vaccination not
sooner than 60 days and not greater than one year after the primary
vaccination, and is then subsequently vaccinated at regular intervals not
exceeding three years.
"Dangerous animal" means any dog, cat or any other animal that has on at
least one occasion, worried, attacked, injured, or killed a person, livestock or
any other animal, or that is for any other reason determined to be a risk to any
person, livestock or any other animal, and that has been declared a dangerous
animal under section 12 of this By-Law.
"Dog" means any member of the genus Canis familiaris (domestic dog).
"Domestic pet" means any animal other than a dog or cat that has been
domesticated and is kept or harbored within the Town of Carberry;
"livestock" means:
(a) animals kept for the purpose of:
(i) production of meat,
(ii) production of other products from the animals,
(iii) herding, protection of livestock or draft work,
(iv) and breeding stock of such animals;
(b) animals kept for the purpose of improving or preserving any species or
kind of animal that may be kept for a purpose set out in subclause (a)(i),
(ii) or (iii) of this definition; and
(c) any other animal determined by the animal control officer to be livestock
for the purposes of this By-Law; whether or not intended for profit and
including, without limitation:
(i) dairy cattle and beef cattle, goats, sheep, bison, and horses;
(ii) swine (including wild boar);
(iii) all cervids on game production farms;
(iv) all the family Camelidae (including, Llamas and Alpacas);
(v) all domestic poultry (including, chickens, turkeys, ducks, and
geese);
(vi) specialty fowl (including, guinea fowls); and
(d) any other animals that are of a species or kind prescribed as livestock
in the regulations pursuant to The Animal Liability Act.
"Municipality" means the Town of Carberry.
"Owner" includes any person who owns, keeps, harbors or has possession
or control of an animal, or who owns, leases or occupies, either solely or jointly
with others, any premises containing the animal or which contained the animal
immediately prior to an attack by the animal or apprehension of the animal by
the animal control officer or any other person.
"person" includes a firm or corporation.
"pound" means any enclosure, premises, or place, whether within or outside
the Municipality, designated by Council for the impoundment and care of any
animal for the purposes of enforcing any provision of this By-Law.
"pound keeper" means the person appointed by Council, whether on a
temporary or permanent basis, to operate and maintain a pound, and to carry
out the duties of a pound keeper as set out in section 4 of this By-Law.
"Restricted animal" means:
(a) any member of the order Primate except a human being;
(b) any member of the order Carnivora except dogs, cats, and domestic
ferrets (mustela putorius furo), but including all hybrids of dogs and cats;
(c) any member of the order Crocodylia;
(d) any constrictor snake, venomous snake, or venomous reptile;
(e) any venomous amphibian;
(f) any wild animal or wildlife as defined in The Wildlife Act; and
(g) any other animal determined by the animal control officer to be a
restricted animal, other than a dog, cat, or livestock.
"Running at large" or "run at large" means, in relation to an animal, that the
animal is not:
(a) under the direct, continuous, and effective control of a person
competent to control it; or
(b) securely confined within an enclosure or securely fastened so that it is
unable to roam at will.
Interpretation
2(3) In all parts of this By-Law, any word importing the male gender shall include
the female gender and vice versa, and any word importing the singular shall
include the plural, and vice versa, as applicable and unless the context
requires a different interpretation.
Part Ill: Establishment of Pound AND Appointment of Animal Control Officer
and Pound keeper
Establishment of Pound
3(1)
Council may establish and maintain a pound for the impoundment and care
of animals apprehended pursuant to the enforcement of any provision of this
By-Law, or the Council may enter into an agreement with any person
(including with any other municipality, city, town, or organization) to establish
and maintain a pound on their behalf. The costs associated with the pound
operated by or for the Municipality shall be paid out of the general funds of
the Municipality.
Appointment of animal control officer
3(2)
Council may appoint one or more persons as animal control officer(s) to carry
out the enforcement of this By-Law. The animal control officer(s) so appointed
may be appointed on a temporary or permanent basis, and shall be paid out
of the general funds of the Municipality.
Appointment of pound keeper
3(3)
Council may appoint one or more persons as pound keeper(s) to carry out the
duties of the pound keeper set out in this By-Law. The pound keeper(s) so
appointed may be appointed on a temporary or permanent basis, and shall be
paid out of the general funds of the Municipality.
Common animal control officer and pound keeper
3(4)
At the discretion of Council, the animal control officer may also serve as pound
keeper, and vice versa.
Duties of the animal control officer
3(5) It shall be the duties of the animal control officer:
(a) to apprehend and confine at the pound, any animal running at large
within the Municipality contrary to the provisions of this By-Law.
(b) to apprehend and confine any restricted animal being kept or harbored
by, or in the possession or control of, any person contrary to the provisions
of this By-Law, or running at large, within the Municipality.
(c) to ensure that any restricted animal kept or harbored within the
Municipality is properly licensed by the Municipality, and to apprehend and
confine any such restricted animal that is not properly licensed.
(d) to apprehend and confine any dog, cat or any other domestic pet which
is running at large within the Municipality contrary to the provisions of this
By-Law, or which is kept or harbored by, or in the possession or control of,
any person that is in breach of this By-Law or of any other laws or
regulations pertaining to animals or the conditions of any permit or license
(including, without limitation, a kennel permit or kennel license).
(e) to make reasonable attempt to notify the owner of every animal
impounded if the identity of the owner is known, by direct contact with the
owner or by leaving a notice at the last known address of the owner, which
notice shall be in the form set out in Schedule B hereto attached and shall
state the place and time that the animal was apprehended, the place and
time when the animal can be redeemed from the pound, the impoundment
fee, any daily pound fees, license fees and other costs or fines to be
charged to the owner, the method of payment required, and the date after
which the animal will be sold, destroyed or otherwise disposed of if not
redeemed. Where the identity of the owner of the animal is not known, the
animal control officer shall post in the general office of the Municipality, a
notice describing the animal, the date of apprehension and the date after
which the animal will be sold, destroyed, or otherwise disposed of.
(f) The animal control officer or pound keeper may use a tranquilizer gun
for the purpose of capturing any animal found to be running at large within
the Municipality, provided however that if the animal control officer or the
pound keeper, as applicable, is not a licensed veterinarian, no such
tranquilizer gun shall be used without the authority of a licensed
veterinarian present at the time of use.
(g) to enforce the provisions of this By-Law.
Duties of pound keeper
3(6) It shall be the duties of the pound keeper:
(a) to provide sufficient food and clean water, adequate shelter, and a safe
and sanitary environment for every animal impounded.
(b) to establish and maintain the pound in a manner in keeping with The
Animal Care Act (Manitoba), and without limiting the generality of the
foregoing, to discharge the duties of an owner as set out in subsection
2(1) of The Animal Care Act (Manitoba) while an animal is in the custody
of the pound keeper.
(c) to keep a record of every animal impounded, which record shall include
the following minimum information:
i. a description in reasonable detail of the animal (including, the
approximate weight, height, and color of the animal, as well as the
order and breed of the animal);
ii. the day and hour of its impoundment;
iii. the day and hour of its redemption, sale, disposition, or destruction,
together with the details of redemption, sale, disposition, or
destruction;
iv. the name and address of the owner (being the person to whom the
animal was sold or released), and the license number on the animal's
tag (if applicable);
v. the amount and particulars of all fees, fines and other charges
invoiced to, and received from or on behalf of, the owner and the
name and address of the payer (if different from the owner); and
vi. such other particulars as the CAO of the Municipality shall
direct from time to time.
(d) to collect all fees charged by the pound, and to remit all monies
received by the pound to the CAO of the Municipality, together with
such reports and statements as the said CAO may prescribe from
time to time, except where the Municipality has entered into a
contract with a private party for the operation of the pound, in which
case the pound keeper shall observe all terms and conditions of the
contract with the Municipality for the operation of the pound,
including, without limitation, the provisions concerning the charging
and collection of fees, the remittance of amounts due to the
Municipality, and the submission of all reports and statements
required to be submitted to the Municipality under the said contract.
(e) to keep any impounded dog, cat or any other animal which is, to the
knowledge of the pound keeper, a domestic pet, for a minimum
period of: (i) three (3) days, which shall include the day of
impoundment but shall exclude Sundays and any statutory holidays
during which the pound is closed to the public, or (ii) where the
Municipality has entered into a contract with a private party for the
operation of the pound, the minimum hold period established under
the pound keeper's contract with the Municipality.
(f) to make suitable arrangements for the temporary impoundment and
sale, disposition, or destruction of any animal other than a dog, cat
or domestic pet that is apprehended within the Municipality, including
any restricted animal or wild animal within the meaning of The
Wildlife Act.
(g) if, after expiration of the minimum period of impoundment set out in
paragraph (e), a dog, cat or other domestic pet has not been
redeemed, it will be the duty of the pound keeper to do one of the
following with the impounded animal:
i. sell or otherwise dispose of the impounded animal to any person
for an amount not less than the applicable pound and license
fees accrued in respect of the impounded animal as set forth in
this By-Law, unless such fees are otherwise waived by the
Municipality or by the pound keeper on the express authority of
the Municipality; or
ii.
cause the impounded animal to be humanely destroyed;
unless the Municipality, or the pound keeper on the express authority of
the Municipality, agrees to or directs an extended period of
impoundment, in which case the impounded animal will be held until the
earlier of the date that it is sold or otherwise disposed of to a person in
accordance with sub-paragraph (g)(i) or until expiry of the extended
period of impoundment, before it is humanely destroyed.
(h) the Municipality may vary the terms, conditions and duties of the
pound keeper by contract with a private party, provided however that
the contract shall contain (and where absent in the contract, shall be
deemed to incorporate) as minimum provisions, the duties of the
pound keeper set out in paragraphs (a), (b) and (c) above, and
further provided that the provisions in paragraphs (d), (e), (f) and (g)
above shall continue to apply except to the extent that they are
specifically modified by the contract. Where the pound keeper is a
private party under contract with the Municipality, the pound keeper
shall observe all the terms and conditions of the contract with the
Municipality. Where it is permitted under the contract with the
Municipality, the pound keeper may, at its sole cost and expense,
keep an impounded animal for longer than the minimum hold period,
and may sell or otherwise dispose of the impounded animal for an
amount less than the applicable pound and license fees, provided
however that the pound keeper shall remain responsible to the
Municipality for all amounts due to the Municipality under its contract
with the pound keeper.
PART IV: DOGS, CATS AND OTHER DOMESTIC PETS
Licensing of dogs, cats, and other domestic pets
4(1) The owner of every dog, cat and other domestic pet over the age of four
months shall obtain a license from the administration office of the
municipality to keep the dog, cat and other domestic pet. The owner shall
ensure that the license tag issued for the dog, cat and other domestic pet
is securely fastened to a collar worn around the neck of the dog, cat and
other domestic pet in respect of which the tag was issued. Any failure to
obtain or keep current the required license or to ensure that the license tag
issued for the dog, cat and other domestic pet is securely fastened to the
dog, cat and other domestic pet's collar shall constitute an offense under
this By-Law.
4(2) No person shall be permitted to remove the collar or license tag from any
dog, cat and other domestic pet without a lawful excuse, and any such
removal shall constitute an offense under this By-Law.
4(3)
Where the license tag is lost or damaged, the owner shall forthwith apply for a
replacement license tag.
4(4)
Where a change in ownership of a dog, cat and other domestic pet licensed
hereunder occurs during the license year, the new owner shall have the
current license transferred to his or her name. Any failure to report a change
in ownership shall constitute an offense under this By-Law.
4(5)
Subsections 5(1), (2), (3), and (4) shall not apply to non-residents of the
Municipality who bring a dog, cat and other domestic pet on a temporary visit
into the Municipality, provided however, that nothing in this subsection 5(5)
shall authorize any person to bring a dog, cat and other domestic pet into the
Municipality that is a dangerous animal or is vicious, in heat, rabid or otherwise
a risk to the public or to other animals within the Municipality, nor does it
authorize any person to allow the dog, cat and other domestic pet to run at
large or otherwise create a nuisance within the Municipality.
4(6)
Subject to subsection 5(7) hereof, every dog, cat and other domestic pet
owner must produce, before a license is issued for the dog, cat and other
domestic pet, evidence of a current rabies vaccination status for that dog, cat
and other domestic pet from a licensed veterinarian.
4(7)
A dog, cat and other domestic pet owner does not have to produce evidence
of a current rabies vaccination status in order to obtain a license in respect of
his dog, cat, and other domestic pet if he can produce a statement in writing
signed by a licensed veterinarian certifying that the dog, cat and other
domestic pet cannot be vaccinated for rabies for medical reasons.
Rabies Vaccination
4(8)
Except where subsection 5(7) applies, the animal control officer may at any
time request that an owner provide proof that the owner's dog or cat has a
current rabies vaccination status and, if the owner cannot produce such proof,
the animal control officer may, in the case of a dog, terminate the owner's dog
license, and in the case of a dog or cat, the animal control officer may
apprehend and impound the dog or cat, and may charge the owner with an
offense under this By-Law.
Kennel Permits
4(9)
Any person who wishes to keep, harbor, possess or control that number of
dogs or cats in excess of the maximum number prescribed in section 10
hereof, regardless of whether for profit or pleasure, shall apply in writing to the
Council for a kennel permit. The application must be accompanied by the
applicable application and permit fees as set out in Schedule A hereto
attached. Any person who keeps, harbours, possesses or controls a number
of dogs or cats in excess of the maximum number prescribed in section 10
hereof without a valid kennel permit shall have committed an offense under
this By-Law.
4(10) Council shall set a date to review any such application for a kennel permit at
a regularly scheduled Council meeting not less than thirty (30) days following
receipt of the completed application form, the application fee and permit fee
for the first year. Council shall notify the applicant and shall make reasonable
attempts to notify all property owners within a one block radius of the premises
upon which the proposed kennel will be located, of the application and the
date of the hearing in respect of the application.
4(11) In determining whether to grant a kennel permit to an applicant, Council shall
consider all relevant factors, including the following factors:
(a) the proposed maximum number of dogs and/or cats to be kept on the
premises;
(b) the intended purpose for keeping the dogs and/or cats on the premises;
(c) the steps which have been taken to ensure that the dogs and/or cats
will be adequately and safely housed;
(d) the steps which have been taken to ensure that disturbances to
neighbours from excessive noise, odor, waste disposal, traffic and any
other potential nuisances are avoided;
(e) any inspection report from the animal control officer or the pound keeper
as may be requested by the Council;
(f) any inspection report from the public health authorities or any other
authorities as may be requested by the Council;
(g) any representations made by the owner or on behalf of the owner either
in writing or at the meeting of Council where the application for a kennel
permit will be heard; and
(h) any representations made by neighbours of the owner or any other
interested party, whether in writing or by oral submission at the meeting of
Council at which the application for a kennel permit is heard.
4(12) A kennel permit issued to an applicant shall be valid for a period of one year
from the date of issuance. A permit-holder who wishes to renew a kennel
permit shall no later than thirty (30) days prior to the expiry date submit an
application for renewal to the Council on a form approved by Council and
accompanied by the annual license fee as set out in Schedule A. Council shall
review such renewal application, and may, but shall not be required to, notify
adjacent property owners of the renewal application unless such renewal
application materially differs from the prior year's application submitted by the
permit-holder or unless a written objection is made to Council, in which case
all adjacent property owners shall be notified.
4(13) Prior to revoking, suspending, refusing to renew, or imposing conditions upon,
an issued and outstanding kennel permit, the Council shall notify the holder of
the kennel permit and shall provide the said holder with the opportunity to
make representations to Council at a meeting of Council.
4(14) Council may refuse to issue a kennel permit or may revoke or refuse to renew
an existing kennel permit or may modify the conditions which apply to an
existing kennel permit or may suspend an existing kennel permit at any time
upon a finding that:
(a) a neighbor or any other party is exposed to a nuisance created by the
operation or maintenance of the kennel, including, without limitation,
excessive noise, noxious odors, or excessive traffic;
(b) this By-Law or any other law, regulation or rule pertaining to animal care
or environmental matters, or any condition pertaining to the kennel permit,
have been or are being contravened, including, without limitation, any law,
regulation, rule or permit condition pertaining to waste disposal;
(c) the premises are not maintained in a condition such that animal escapes
are prevented;
(d) the holder of the kennel permit has breached the duties of an owner of
animals under The Animal Care Act (Manitoba) (whether he actually owns
all the animals in his care), including, without limitation, where the
conditions in the kennel are unsafe or unsanitary for the animals;
(e) any inspection report from the public health authorities indicating that a
lack of cleanliness or sanitation in the kennel or the surrounding premises
presents a human health risk;
(f) the premises are not licensed under The Animal Care Act (Manitoba),
and are required to be so licensed under the said Act; or
(g) it is not in the public interest to allow the kennel or proposed kennel to
operate, or to continue to operate, as currently operated within the
Municipality.
4(15) Upon refusal to grant or renew a kennel permit, or upon prescribing the
conditions of a kennel permit or modifying the conditions of a kennel permit or
suspending an owner's kennel permit, the owner shall be notified of the
decision of Council by registered mail. In the event that the owner's
application for a new or renewed kennel permit is denied, or the conditions of
the owner's existing kennel permit are modified such that the owner keeps,
harbors or has possession or control over a number of dogs and/or cats that
exceeds the prescribed limit in this By-Law or in the kennel permit, as
applicable, the owner shall have thirty (30) days to dispose of the dogs and/or
cats over and above the applicable prescribed limit or to make such other
modifications as may be required by order of the Council.
4(16) The animal control officer shall inspect the premises as soon as reasonably
possible after the thirty (30) days set out in subsection 6(7) hereof has elapsed
to ensure compliance with the order of the Council and the conditions imposed
on the existing kennel permit, if any. If the owner has failed to comply with any
such order or conditions, the animal control officer shall take all such lawful
steps as may be required, in his discretion, to bring the owner into compliance
with this By-Law and any such order or conditions, including, without
limitation, apprehending and impounding any dogs and/or cats in excess of
the applicable prescribed limit to be dealt with in accordance with the duties
of the pound keeper in section 4, except that the owner shall not be entitled
to redeem the dogs and/or cats apprehended if, to allow such a redemption,
would again result in a contravention of the provisions of this section 6.
4(17) The owner may appeal the apprehension and/or impoundment of any dogs
and/or cats under subsection 6(7) to the Council by notice of appeal in writing
delivered to the CAO of the Municipality within three (3) days of the
apprehension (excluding Sundays and statutory holidays during which the
pound is closed to the public). This appeal shall be heard by Council at the
next regularly scheduled Council meeting. The decision of Council is final. If
the decision of Council is to deny return of the impounded dogs and/or cats
to the owner, the pound keeper shall arrange forthwith to sell or otherwise
dispose of the said dogs and/or cats or to humanely destroy the said dogs
and/or cats. If the decision of Council is to reverse the apprehension and
impoundment, the owner shall, subject to payment by the owner of all costs
associated with the apprehension and impoundment of the said dogs and/or
cats and any licensing and permit fees properly charged to the owner under
this By-Law, recover the said animals.
4(18) The Council, or the animal control officer on their behalf, may request in writing
that the premises of the applicant or permit-holder be inspected by the animal
control officer or such other person as may be designated by Council or the
animal control officer, at any time upon reasonable notice, and the owner shall
comply with any such request. The failure by an owner to comply with such a
request shall constitute an offense under this By-Law and is grounds for
refusing to grant or renew a kennel permit or for revoking, suspending or
placing conditions upon an existing kennel permit.
4(19) Nothing in this By-Law shall be construed as obviating or overriding any
requirement under the laws of the Province of Manitoba to obtain a license or
licenses from the Government of Manitoba, and to comply with provincial
licensing requirements, in order to carry on business as a boarding kennel or
a commercial breeder of dogs, cats or any other animals.
Responsibility of Owners Regarding Dogs, Cats, and other Domestic Pets
4(20) No owner shall:
(a) permit his dog, cat, and other domestic pet to run at large. When a dog,
cat and other domestic pet is found running at large, its owner shall be
deemed to have failed or refused to comply with this subsection.
(b) permit his dog, cat, and other domestic pet to bark or howl or in any other
way unduly disturb the quiet of any person or persons anywhere in the
Municipality.
(c) permit his dog, cat, and other domestic pet to defecate on any public or
private property other than the property of its owner. Where a dog, cat and
other domestic pet defecates on property other than the property of its
owner, the owner shall cause such excrement to be removed forthwith.
(d) permit his dog, cat, and other domestic pet to defecate on his property
in a manner which constitutes an environmental or health hazard or a
nuisance for neighbours.
(e) permit his dog, cat, and other domestic pet to damage public property or
private property other than that of the owner. Where public or private
property has been damaged by a dog, cat and other domestic pet, its owner
shall be deemed to have failed or refused to comply with this subsection.
(f) own, keep, harbor, or have possession or control of any dog, cat, and
other domestic pet (other than a dog that is under the age of four months
or that is a registered guide dog for the visually impaired) for which a valid
license has not been issued.
(g) own, keep, harbor, or have possession or control of any dog, cat and
other domestic pet determined to be a dangerous animal, unless such dog,
cat and other domestic pet is always kept in accordance with the provisions
of Part V.
(h) permit his dog, cat, and other domestic pet to pursue, bite, wound or
worry any person or animal, whether on the property of the owner or not.
(i) permit his dog, cat, and other domestic pet on public property (including
parkland area) unless the dog, cat and other domestic pet is on a leash and
the dog, cat and other domestic pet is in the actual custody and effective
control of the owner or a person competent to control it, unless the said
public property has been specifically designated by Council as land upon
which dog, cat and other domestic pets are not required to be on a leash.
(j) permit his dog, cat, and other domestic pet to upset waste receptacles or
otherwise litter.
4(21) An owner of a registered service animal that is visually impaired or any other
person who requires the assistance of a service animal shall not be subject to
the restrictions imposed under subsections 4(20) (c), (f), (i) and (j).
Redemption
4(22) Unless the impounded animal is determined to be a dangerous animal, the
owner of any dog, cat, or any other domestic pet (other than a restricted
animal) impounded by the animal control officer may be redeemed within three
(3) days of the apprehension and impoundment by applying to the pound
keeper for redemption and paying:
(a) the impoundment fee as set out in Schedule A;
(b) the pound fee calculated in accordance with Schedule A;
(c) if the impounded animal is a dog, cat and other domestic pet that is
unlicensed at the time of apprehension, the relevant license fee; and
(d) all outstanding fines, damages or costs relating to the impounded
animal.
Restrictions on Domestic Pets
4(22) An owner of a domestic pet other than a dog or cat shall not allow the domestic
pet outside of the owner's premises unless the domestic pet is always, while
outside of the owner's premises, under the immediate charge and effective
control of a person competent to control it. If the animal alleged to be a
domestic pet is a restricted animal or is a wild animal within the meaning of
The Wildlife Act, no person shall be entitled to keep or harbor such animal
within the Municipality unless such person has been issued a permit by the
Municipality under section 16 of this By-Law, and also holds all other
government licenses as may be required, to keep or harbor the animal within
the Municipality.
Dogs
4(23) Subject to provisions of section 4(20), the owner of a dog shall not permit the
dog to be outside of the owner's premises unless: (a) the dog has a collar which
has securely fastened to it a proper license tag that identifies a valid license in
respect of that dog; (b) the dog is on a leash that is less than six (6) feet in
length fully extended; and (c) the dog is under the immediate charge and
effective control of a person competent to control it.
Cats
4(24) Subject to subsection 4(20), the owner of a cat shall not permit the cat to be
outside of the owner's premises unless the said cat is under the immediate
charge and effective control of a person competent to control it.
Cat Trap
4(25) Any person who wishes to obtain a trap to apprehend a cat running at large
from the pound keeper or the animal control officer, shall:
(a) provide to the pound keeper or animal control officer, as applicable, his
or her name, address, and telephone number;
(b) agree to comply with the terms and conditions for the use of the trap,
including any terms and conditions governing the treatment and disposition
of any trapped cat, as may be imposed by the pound keeper or animal
control officer, as applicable; and
4(26) Any person who fails to comply with the terms and conditions set out in this
section 4 shall be guilty of an offense under this By-Law.
Maximum Number of Dogs or Cats
4(27) No person shall
(a) own, harbor, keep or have in his possession or control or on his
premises, more than three (3) dogs over the age of four (4) months,
regardless of the number of people who may be inhabiting the premises,
unless such person holds a valid kennel permit authorizing him to own that
number of dogs.
(b) own, harbor, keep or have in his possession or control or on his
premises, more than three (3) cats over the age of four (4) months,
regardless of the number of people who may be inhabiting the premises,
unless such person holds a valid kennel permit authorizing him to own that
number of cats.
(c) that (a) and (b) subject to discretion of municipal authority.
4(28) Any person who fails to comply with the terms and conditions set out in this
section 4 shall be guilty of an offense under this By-Law.
PART V: DANGEROUS ANIMALS
Animal Bites
5(1)
The animal control officer:
(a) shall apprehend, impound, and place in quarantine any dog or cat that
he has reason to believe has bitten a person; and
(b) may apprehend, impound, and place in quarantine any other domestic
pet that he has reason to believe has bitten a person if, in his discretion,
such action in respect of the domestic pet is necessary for the protection of
the public;
(In either case, the "aggressor animal"), whether on private premises or
elsewhere, and whether or not the skin was directly punctured or lacerated by
the bite, except that this provision shall not apply to a police service dog owned
by a public law enforcement agency while on duty and under the control of a
qualified dog handler.
5(2)
If the aggressor animal is not voluntarily surrendered to the animal control
officer by the owner, the animal control officer shall be empowered to
apprehend and impound the aggressor animal and, if necessary, to apply to a
provincial court judge, magistrate, or justice of the peace, as required, in order
to obtain an order to enter the personal residence of the owner for the purpose
of apprehending and impounding the aggressor animal.
5(3)
Any aggressor animal so apprehended and impounded at the pound shall,
subject to subsection 5(9) herein, be quarantined for a minimum of ten (10)
days at the owner's expense, commencing from the date of impoundment (the
"quarantine period").
5(4)
The animal control officer may, in his discretion, authorize the owner of the
aggressor animal to quarantine the aggressor animal in a place other than the
pound, provided that such place is under the direct supervision of a licensed
veterinarian and that the aggressor animal must remain at such place at the
owner's expense for the quarantine period.
5(5)
Subject to a determination by the animal control officer pursuant to subsection
5(8) hereof that the aggressor animal is not a dangerous animal, the aggressor
animal may be released to the owner after expiry of the prescribed quarantine
period upon payment by the owner to the pound keeper of a pound fee
calculated at the daily rate set out in Schedule A hereto attached together with
any costs or fines assessed against the owner hereunder. If the owner fails to
redeem the aggressor animal from the pound within three (3) days after expiry
of the quarantine period, the aggressor animal shall be sold, or otherwise
disposed of, or destroyed at the discretion of the pound keeper.
5(6)
The animal control officer shall keep a record of all bite incidents, identifying
the aggressor animal and the details of the incident, and such record may be
used in any hearing or appeal with respect to the dangerous animal provisions
contained herein.
5(7)
The head of any aggressor animal quarantined for biting that dies while
quarantined and prior to the veterinary examination required pursuant to
subsection 5(8) hereof, shall be submitted to the Canadian Food Inspection
Agency for rabies examination.
5(8)
Every aggressor animal shall be examined by a licensed veterinarian
approved by the animal control officer prior to release from quarantine. The
determination as to whether or not the aggressor animal can be released from
quarantine or must be destroyed or otherwise disposed of, shall be at the
discretion of the animal control officer based upon the following factors:
(a) the medical report of the licensed veterinarian who has examined the
aggressor animal;
(b) whether or not the public health authorities are prepared to consent to
the release of the aggressor animal;
(c) the severity of the bite incident, the circumstances surrounding the
incident and the consequences of the incident;
(d) whether or not the aggressor animal is, in the opinion of the animal
control officer, a dangerous animal and, if yes, whether or not the
provisions of section 5(21,22,23) hereof have been complied with;
(e) whether or not the aggressor animal is a restricted animal, and if yes,
whether or not the provisions of Part VII hereof have been complied with
by the owner; and
(f) proof that the aggressor animal does not have rabies, and that the
aggressor animal has a current rabies vaccination status at the date of the
bite incident.
5(9)
Notwithstanding the provisions of subsection 5(3) herein, it shall be within the
discretion of the animal control officer to release an aggressor animal prior to
the expiry of the quarantine period and to impose conditions upon the release
of an aggressor animal from quarantine, which conditions may include, without
limiting the generality of the foregoing:
(a) the owner shall take the necessary measures to ensure that the
aggressor animal is confined to the owner's premises in such a manner as
to prevent escapes, and to ensure that all direct contact with other animals
and persons other than the owner is avoided;
(b) the owner shall post in a conspicuous location at the entrance of the
premises where the aggressor animal is confined, a sign which reads
"Beware of Dangerous <type of aggressor animal>";
(c) the owner shall submit the aggressor animal for veterinary examination
from time to time as may be prescribed by the animal control officer, and
shall report the results of any such veterinary examination to the animal
control officer;
(d) the owner shall take out and pay for such liability insurance on the
aggressor animal as may be prescribed by the animal control officer;
(e) the owner shall be responsible for all costs, fines and damages
associated with the aggressor animal, including the costs of impoundment,
quarantine, signage and veterinary fees, pound fees and license fees, and
any costs associated with liability to the victim or victims of the bite incident;
(f) such other conditions as the animal control officer may deem necessary
or advisable in the interests of public safety.
Determination that an animal is a dangerous animal
5(10) Where the animal control officer has reason to believe that an animal,
including but not limited to an aggressor animal under section 5(1-9), is a
dangerous animal, he shall arrange a hearing before Council at a regularly
scheduled meeting of Council to determine whether or not said animal should
be declared a dangerous animal. If an owner voluntarily accepts the
dangerous animal declaration and the recommended disposition of the matter
made by the animal control officer, a hearing before Council may be dispensed
with, and the recommended disposition of the matter shall constitute a final
order in respect of which there is no appeal.
5(11) Where it is deemed necessary by the animal control officer to protect the public
or other animals pending the decision of Council, the animal control officer
may:
(a) require that the animal be quarantined in the pound until the earlier of
the date that the animal control officer determines that it is safe to release
the animal to the custody of the owner or until Council hears the matter and
issues its determination; or
(b) may impose all or any of the conditions set out in subsection 5(22) of
this By-Law upon the owner's custody of the animal, which conditions shall
apply until the earlier of the date that the animal control officer determines
that it is safe to remove the conditions or until Council hears the matter and
issues its determination.
5(12) Council shall provide written notice of the hearing to the owner of the animal at
least ten (10) days in advance of the hearing by serving notice upon the owner
or by mailing the notice by registered mail to the last known address of the
owner. In the case where the animal alleged to be a dangerous animal is a
dog, the animal control officer shall be entitled to mail the said notice to the
last address provided by the owner to the Municipality in relation to the
licensing of the said dog. The notice shall include the following minimum
information:
(a) the time, place, and purpose of the hearing;
(b) a summary of the reasons in support of the allegation that the animal is
dangerous;
(c) a copy of this section 5 of the By-Law; and
(d) a statement that if the owner does not attend the hearing, the matter will
be dealt with in his absence and that he will not be entitled to any further
notice or appeal regarding the proceedings concerning the animal.
5(13) (a)The owner has the right to appear at the hearing, with or without counsel,
and to make submissions to Council and call evidence (whether via voice or
documentary) on his behalf. The owner also has the right to hear all the
evidence and submissions presented at the hearing by or on behalf of the
animal control officer and to inspect any documents filed by or on behalf of the
animal control officer, and to respond to same.
(b) Where the owner does not attend at the hearing, having been given notice
as provided in accordance with this section 5, Council shall be entitled to deal
with the matter in his absence, and the owner shall not be entitled to any further
notice or appeal regarding the proceedings concerning the animal. The owner
shall be notified of the decision of Council by notice in writing delivered by
personal service or registered mail in the manner set out in subsection 5(12)
hereof.
5(14) Within five (5) working days of the hearing of Council, Council shall issue a
written decision in accordance with the following provisions:
(a) The Council shall make an order declaring the animal to be a dangerous
animal if in their opinion:
(i) the animal has caused injury to or killed a person, whether on public
or private property; or
(ii) the animal has seriously injured or killed any other domestic animal
or any livestock without provocation; or
(iii) the animal is used primarily for the purpose of guarding property
and is not a police service dog owned by a public law enforcement
agency.
(b) The Council may make an order declaring the animal to be a dangerous
animal if, in their opinion, there is a material risk that the animal may cause
damage or injury to person or property or any other animal, taking the
following non-exhaustive factors into account:
(i) whether the animal has worried, bitten, wounded or injured any
person or animal, or is otherwise an aggressor animal;
(ii) the circumstances surrounding any previous worrying, biting, or
wounding incidents; and
(iii) whether the animal, when unprovoked, has shown a tendency to
pursue, chase or approach in a menacing fashion, any person, or any
other animal upon any public or private property.
5(15) The Council shall deliver a copy of their decision to the owner in the manner
provided in subsection 5(12). There shall be no obligation upon Council to
issue written reasons for their decision.
5(16) The decision of Council shall be final. There shall be no appeal from the
decision of Council.
5(17) In the event that a dog is declared by Council to be a dangerous animal, any
license previously issued in relation to that dog shall be deemed to have been
cancelled effective as of the date of Council's decision to declare the dog to
be a dangerous animal.
5(18) Where a license is deemed to have been cancelled pursuant to subsection
5(17) hereof, the owner shall be entitled to a credit or refund on any paid-up
license fee, calculated on a quarterly pro rata basis. The Municipality may set-
off against any such refund, any fines, fees, or costs owing by the owner under
this By-Law.
5(19) Every owner who has received notification from Council pursuant to subsection
5(12) that a determination hearing will be held with respect to his animal, shall
ensure that the animal remains confined upon the premises of the owner
pending the final outcome of the hearing.
5(20) Subsection 5(19) shall not apply if the animal is impounded or the animal
control officer receives written confirmation from a licensed veterinarian that
the animal has been placed in quarantine pending outcome of the hearing.
Consequences of dangerous animal declaration
5(21) Council shall determine whether the dangerous animal should be destroyed or
released to the owner subject to the conditions set out in subsection 5(22).
The decision of Council shall be final and not subject to appeal.
5(22) Every owner of an animal that has been declared to be dangerous and in
respect of which Council has decided to release the dangerous animal to its
owner, shall:
(a) if the dangerous animal is a dog, obtain a dangerous dog license for the
dangerous dog and pay the required fee as set out in Schedule A hereto
attached.
(b) cause the dangerous animal to be tattooed upon the ear with clearly
identifiable information as set out by the Council and provide a copy of such
information to the pound keeper.
(c) ensure that the dangerous animal, while on private property, is kept
either securely confined indoors or in a securely enclosed and locked pen,
structure, or compound which:
(i) can prevent the entry of young children and the escape of the
dangerous animal;
(ii) has minimum dimensions suitable for the size of the dangerous
animal, as prescribed by the animal control officer;
(iii) has secure sides; and
(iv) provides protection from the elements for the dangerous animal.
(d) if the dangerous animal is a dog, permit the dog upon public property
only if:
(i) it is muzzled;
(ii) it is restrained by a chain or leash not exceeding six (6) feet in
length, fully extended; and
(iii) the dog is always under the effective control of a person competent
to control it.
(e) if the dangerous animal is other than a dog, permit the dangerous
animal upon public property only if it is under the effective control of a
person competent to control it.
(f) display in a conspicuous location at each entrance to the premises upon
which the dangerous animal is kept, a sign stating: WARNING: BEWARE
OF DANGEROUS<insert type of animal>. The sign shall be posted in
such a manner that it cannot be removed easily by a passerby and will be
visible and capable of being read from outside of the premises.
(g) within three (3) working days of selling, giving away or otherwise
disposing of the dangerous animal, provide the animal control officer with
the name, address, and telephone number of the new owner.
(h) advise the animal control officer within three (3) working days of the
death of the dangerous animal.
(i) advise the animal control officer forthwith if the dangerous animal has
gone missing or is running at large or has bitten, worried or attacked any
person or animal.
(j) maintain in force to the satisfaction of the CAO of the Municipality a
comprehensive liability insurance policy, including coverage for damage
or injury caused by the dangerous animal, with a minimum limit of liability
of $1,000,000.00 per occurrence.
(k) such other conditions as may be prescribed by order of the Council,
including, without limitation, any of the conditions set out in subsection 5(9)
hereof.
5(23) No person shall deface or remove a sign posted pursuant to subsection
5(22)(f) or subsection 5(9)(b) hereof without having first obtained the
permission of the animal control officer.
Destruction of dangerous animal or aggressor animal
5(24) Where it appears on reasonable grounds that an owner has breached a
condition of this By-Law in respect of an animal that has been declared
dangerous or if an aggressor animal has caused injury or damage to any
person, property or any other animal or if the animal control officer otherwise
has reasonable grounds to believe that an animal presents a risk to any
person, property or any other animal and such animal has been declared a
dangerous animal by Council, the animal control officer may apprehend and
impound the animal for the purpose of destroying it. If an animal is causing
an immediate risk to any person, property or any other animal, the animal
control officer is authorized to apprehend and impound the said animal
notwithstanding that it has not been declared to be a dangerous animal by
Council at the time of its apprehension and impoundment.
5(25) When the animal control officer impounds an animal under this section
5(24&25) for the purpose of destruction of the animal, he shall give the owner
written notice, delivered to the last known address of the owner, that the animal
will be destroyed after the expiry of ten (10) days from the date of the notice.
The owner may, during that time period, appeal the decision of the animal
control officer to Council by providing notice in writing to the CAO of the
Municipality, in which case Council shall hold a hearing at a regularly
scheduled meeting of Council as to whether or not the animal should be
destroyed, which hearing shall be carried out in accordance with the provisions
of section 5(24&25) hereof. The animal shall remain quarantined in the pound
pending the outcome of the hearing.
PART VI: LIVESTOCK
6(1)
The keeping of livestock shall only be permitted in those areas of the
Municipality which are zoned agricultural unless otherwise permitted by the
Municipality's zoning by-law in effect from time to time. If so permitted, Council
may specify the number and kind of livestock which may be kept on any such
premises within the Municipality, and it shall be an offense under this By-Law
to keep any livestock in excess of the prescribed number and kind.
6(2)
An owner shall not permit his livestock to run at large within the Municipality.
When livestock is found running at large, its owner shall be deemed to have
refused or failed to comply with this By-Law.
6(3)
Council, or the animal control officer on the authority of Council, may establish
from time to time a temporary or permanent premises for the confinement of
livestock apprehended pursuant to the provisions of this By-Law. This may
include the premises where the apprehension took place, and the owner of
such premises or any other such person as may be authorized by Council,
shall provide care for the impounded animals at a rate of remuneration to be
fixed from time to time by the Council. The Chief Administrative Officer of the
Municipality may authorize the establishment of a temporary pound, which
temporary pound shall be ratified at the next regularly scheduled Council
meeting.
6(4)
When livestock is impounded, the animal control officer shall publish notice of
the impoundment in a newspaper that is generally distributed within the
Municipality as well as post a notice at the office of the Municipality. This notice
shall describe the livestock so impounded, including any identifying tags,
marks or brands, the day of impoundment, along with the location within the
Municipality where the livestock were found running at large.
6(5)
If the identity of the owner is known, the animal control officer shall serve
directly upon the owner or mail a notice of impoundment to the owner at his
last known address.
6(6)
The owner of the livestock shall not be entitled to the return of the livestock
until the actual costs incurred by the Municipality in apprehending and
impounding the livestock, together with the costs of caring for the livestock and
any fines imposed pursuant to this By-Law, have been paid in full.
6(7)
If no person claims the livestock within ten (10) days of the date of the notice
of impoundment, or if the owner has not paid the costs and fines referred to in
subsection 6(6), the animal control officer may sell or otherwise dispose of the
livestock without further notice to the owner, the proceeds of which shall be
paid to the general funds of the Municipality.
PART VII: RESTRICTED ANIMALS
Prohibition on restricted animals
6(8)
Except as may be permitted by the Municipality's zoning by-law in effect from
time to time, no person shall keep, harbor, possess or control any restricted
animals within the Municipality without a permit issued by Council.
Application for permission to keep or harbor a restricted animal
6(9)
Upon receipt of an application from any person to keep a restricted animal,
Council shall comply with the notice and hearing requirements applicable to
variation and conditional use applications as set out in subsection 57(4) of The
Planning Act (Manitoba). Provided however, that applications from the owner
or operator of a travelling show to keep a restricted animal in the Municipality
on a temporary basis may be considered by the Chief Administrative Officer
without compliance with the notice and hearing requirements aforesaid.
Council (or the Chief Administrative Officer, in the case of an application for a
permit on a temporary basis) shall decide based on the application and any
written or oral submissions of the applicant, whether to grant a permit to the
applicant to keep or harbor the restricted animal within the Municipality and
shall advise the applicant in writing of their decision. Council or the Chief
Administrative Officer may impose conditions upon a permit to keep or harbor
a restricted animal and any violation of such conditions by the owner shall
invalidate the permit provided by Council and shall constitute an offence under
this By-Law.
Temporary impoundment
6(10) If deemed necessary in the interests of public safety, the animal control officer
may apprehend and impound any restricted animal pending the outcome of
any hearing to decide an application made pursuant to subsection 6(9) hereof.
Inventory of restricted animals
6(11) Any owner who has been granted permission by Council to keep one or more
restricted animals within the Municipality shall, on an annual basis and on the
form prescribed by Council from time to time for this purpose, provide Council
with an inventory of the restricted animals kept by the owner within the
Municipality, together with the annual permit fee.
6(12) Council may at any time and from time to time change the conditions that an
owner must satisfy in order to keep a restricted animal, and any failure to
comply with any such condition upon notice thereof shall invalidate the owner's
permit to keep the restricted animal within the Municipality.
6(13) (a) Any person who keeps, harbors or has possession or control of a restricted
animal in the Municipality on or before the time that this By-Law comes into
force or effect, shall have thirty (30) days from the coming into effect of this
By-Law to obtain a permit from Council to continue to keep the restricted
animal, failing which the owner shall sell or give the restricted animal to a
person outside of the Municipality or shall otherwise dispose of the restricted
animal in a manner which ensures that the restricted animal is no longer within
the Municipality. Any such sale, gift or disposition shall be in accordance with
all laws, rules and regulations which may pertain to the sale or disposition of
restricted animals, and the Municipality accepts no responsibility for the
manner of sale or disposition.
(b) Council may grant such longer period to an owner of a restricted animal
who falls within subsection 6(13)(a) hereof as may be necessary to allow
Council adequate time to consider and decide the owner's application to retain
the restricted animal within the Municipality.
Order to dispose of restricted animal
6(14) Where the animal control officer has reasonable grounds to believe that a
person is keeping or harboring, or has possession or control of, a restricted
animal within the Municipality without the written permission of Council, the
animal control officer shall serve the person with an order in writing to dispose
of the restricted animal within fourteen (14) days of receipt of the order or such
shorter period of time as the circumstances may require and the order may
provide, in which case the owner shall sell, give away or otherwise dispose of
the restricted animal in accordance with subsection 6(13)(a) and any
conditions imposed in the order of the animal control officer. Provided
however, that if the owner has not already applied and been denied a permit
to keep or harbor the restricted animal, the owner may make such an
application in accordance with subsection 6(9), and the order of the animal
control officer shall be suspended pending the decision of Council.
6(15) The onus shall be on the person upon which.an order pursuant to subsection
6(14) has been served to establish either that:
(a) the animal is not a restricted animal; or
(b) the person has a permit from Council to keep or harbor the restricted
animal.
6(16) Where the person has failed to establish either that the animal is not a
restricted animal or that he has a permit from Council to keep or harbor the
restricted animal, and the person has failed or refused to dispose of the
restricted animal within the time frame contemplated by the order of the animal
control officer, the animal control officer may seek an order or warrant from a
provincial court judge, magistrate or justice of the peace, as required, to enter
upon the land and premises of that person for the purpose of removing and
disposing of the restricted animal. The animal control officer may engage the
assistance of other persons if required to safely apprehend the restricted
animal.
6(17) Upon apprehension and impoundment of a restricted animal, and provided that:
(a) a written order was duly served on the owner as required by subsection
6(14); and
(b) if an application for the written permission of Council to retain the
restricted animal has been heard and denied by Council;
Council may proceed to order the animal destroyed or sold, and the animal
control officer shall carry out the order of Council. The owner shall be liable for
all costs associated with apprehension, impoundment and destruction or sale
of the restricted animal. If the proceeds of sale exceed any such costs and any
fines imposed upon the owner for breach of this By-Law, then the Municipality
shall refund the excess proceeds to the owner.
PART VIII: GENERAL PROVISIONS
Offenses under this By-Law
8(1) For greater certainty and without limiting any provisions of this By-Law, the
following shall constitute offenses under this By-Law:
(a) Allowing or failing to prevent a dog, cat, or domestic pet from running at
large;
(b) Keeping or harboring dogs or cats, or domestic pets in excess of the
maximum number permitted by this By-Law without a properly issued
kennel permit contrary to section 4(27) of this By-Law;
(c) Failure by a permit holder to comply with the conditions imposed upon a
validly issued kennel permit;
(d) Failing to comply with an order of the animal control officer to dispose of
any dogs or cats (or domestic pets) in excess of the prescribed limit made
under sections 4(9-19) of this By-Law;
(e) Failure by the owner of a dog, cat, or domestic pet to comply with any
one or more of the provisions of section 4(20), subsection 4(23) or
subsection 4(24) of this By-Law;
(f) Failing to report a bite incident or failing to voluntarily surrender the dog,
cat, or domestic pet believed to have bitten a person to the animal control
officer or pound keeper;
(g) Failing to voluntarily surrender a dog, cat, or domestic pet to the animal
control officer upon a request therefor;
(h) Failure by an owner to discharge the duties of an owner as set out in
subsection 2(1) of The Animal Care Act (Manitoba);
(i) Keeping or harboring any wild animal or other restricted animal within the
Municipality without a proper permit contrary to Part VII of this By-Law;
(j) Violating any of the conditions or restrictions imposed upon a permit to
keep or harbor any wild animal or other restricted animal within the
municipality;
(k) Failing to properly vaccinate a dog, cat, or domestic pet against rabies;
(l) Failing to comply with any conditions imposed upon the use of a cat trap
within the Municipality;
(m) Failing to comply with the requirements of subsection 4(22) of this By-
Law in relation to any domestic pet;
(n) Failing to comply with the requirements of any provision of subsections
4(24), (25) or (26) in relation to any cat;
(o) Failing to comply with any requirements of Part V of this By-Law in
relation to an aggressor animal or a dangerous animal;
(p) Defacing or removing a sign required to be posted under subsection
5(9)(b) or subsection 5(22)(f) of this By-Law;
(q) Failing to comply with any of the requirements of Part VI of this By-Law
in relation to livestock;
(r) Failing to comply with any of the requirements of Part VII of this By-Law
in relation to any restricted animals.
Interference With Enforcement
8(2)
It shall be an offense under this By-Law for a person to interfere or obstruct
any attempt by the animal control officer, pound keeper or the Council from
carrying out its duties and obligations hereunder.
Without limiting the
generality of the foregoing, no person shall interfere or obstruct or attempt to
interfere or obstruct an animal control officer, the pound keeper, a police officer
or any other person authorized to apprehend and impound an animal running
at large, who is attempting to apprehend or impound, or who has apprehended
and impounded, any animal in accordance with the provisions of this By-Law.
8(3)
It shall be an offense under this By-Law:
(a) to break into, or assist another person in any manner, directly or
indirectly, to break into, any pound; and
(b) to remove or attempt to remove any impounded animal, or to otherwise
cause or assist an escape of any impounded animal.
Apprehension by Resident
8(4)
Any resident of the Municipality may apprehend and confine an animal which
is running at large on his property, provided that he shall immediately thereafter
inform the animal control officer, pound keeper or CAO of the Municipality of
the apprehension and confinement, and the animal control officer shall as soon
as practical, attend upon the resident to take possession of and impound the
animal.
Right of Entry
8(5)
The animal control officer or any other person appointed by the Municipality to
enforce the provisions of this By-Law or any other law, rule or regulation
pertaining to animal care or custody, may lawfully enter upon the land and
buildings of an animal owner or any other person, other than the personal
residence of an individual, for the purposes of apprehending an animal running
at large, to ensure compliance with this By-Law (including, without limitation,
any license or permit issued pursuant to this By-Law) or to otherwise enforce
the provisions of this By-Law, but shall not enter the personal residence of any
individual without the consent of the owner or occupant of the personal
residence or a valid warrant or order from a provincial court judge, magistrate
or justice of the peace, as required to permit such entry.
8(6)
The owner of any dog, cat or any other domestic pet that has bitten any person
or any other animal shall present the said animal to the door of his dwelling
upon the request of the animal control officer, to assist the animal control officer
to apprehend and impound the said animal.
Complainant Identification
8(7)
Any person who makes a complaint alleging an offense under this By-Law
against another person shall provide to the animal control officer his name,
address, and telephone number. It shall be at the discretion of the animal
control officer whether to proceed based on an anonymous complaint or
information.
Liability
8(8)
No liability shall attach to the animal control officer, the pound keeper, the
Council and/or the Municipality in carrying out their respective duties under this
By-Law. Without limiting the generality of the foregoing, no liability shall attach
to the animal control officer, the pound keeper, the Council and/or the
Municipality for any animal destroyed, sold, or otherwise disposed of pursuant
to the provisions of this By-Law or killed or injured during its apprehension or
impoundment.
Penalties
8(9)
Without limiting the penalties for specific offenses set out in subsections 8(10)
and (11) hereof, any person who contravenes any provision of this By-Law is
guilty of an offense and is liable:
(a) to a fine of not less than $50.00 and not more than $500.00, plus all
applicable costs and penalties for the first offense;
(b) to a fine of not less than $100.00 and not more than $1000.00, or to
imprisonment for not more than thirty (30) days, or both, plus all applicable
costs and penalties for the second offense and for each subsequent offense
within twelve (12) months of the first offense;
(c) at discretion of municipal authority any repeat offender may be subject
to steeper penalties of not more than $2000.00
(d) Fees must be paid before animals are released.
8(10) Any animal that is impounded three or more times within any 12-month period
while owned by the same owner, shall be sold, or disposed of to a new owner
or shall be destroyed regardless of whether it is properly licensed under this
By-Law at the discretion of municipal authority.
8(11) Any person who interferes with or obstructs the duties of an animal control
officer, a pound keeper or any other person authorized to enforce any
provisions of this By-Law, or who unlawfully enters any pound or unlawfully
removes any animal impounded, is guilty of an offense and is liable:
(a) to a fine of not less than $500.00 and not more than $1000.00, or to
imprisonment for a term of not more than sixty (60) days, or both, plus all
applicable costs and penalties;
8(12) Where a corporation commits an offense under this By-Law, each director or
officer of the corporation who authorized, consented to, connived at, or
knowingly permitted or acquiesced in, the doing of the act that constitutes the
offense, is likewise guilty of the offense and liable for the penalties provided
for herein.
8(13) Where the contravention, disobedience, refusal, or neglect continues for more
than one (1) day, the person is guilty of a separate offense for each day that
the contravention, disobedience, refusal, or neglect continues.
All other "Animal Control" by-laws are hereby repealed.
DONE AND PASSED at the Town of Carberry Municipal Office in Carberry, Manitoba
this 11th day of July, 2023.
TOWN OF CARBERRY
Mayor
CAO
Read a first time this 9th day of May, 2023.
Read a second time this 13th day of June 2023.
Read a third time this 11th day of July, 2023.
I 2023.
SCHEDULE A - LICENSE AND IMPOUNDMENT FEES
Application Fees
For a kennel permit
For a permit to keep restricted animals
$5.00
$5.00
Penalties and impoundment Fees
For any dog, cat or any other domestic pet that was apprehended running at large or that was for
any other reason, impounded by the animal control officer at a facility operated by the municipality:
For first offence with tag
Fee waived
For first offence without tag
$50.00
For second offence with tag
$50.00
- For each day of impoundment, add
$10.00
For second impoundment, flat fee
(if it occurs within 12 months of the first offense)
- For each day of impoundment, add
For voluntary impoundment:
For each day of impoundment:
lmpoundment fees for Livestock:
For each day of impoundment:
Impoundment fees for dangerous animals, quarantined animals and
restricted animals:
For each day of impoundment
$100.00
$10.00
$10.00
$50.00
$100.00
In lieu of operating an animal pound facility, the municipality may contract with a company that
provides these services. In this instance, charges will be incurred at the rates set by the contractor.
All fees subject to flat fees plus pound fees incurred, plus any mileage or surcharges as set by the
contractor.
Also refer to Section 8(9-13) of this by-law for further information on impoundment and fines.
SCHEDULE 8
NOTICE OF IMPOUNDMENT
FOR THE TOWN OF CARBERRY
Owner:
(Name and Address of Owner of animal)
Description of Animal:
Date of Apprehension:
Time of Apprehension:
_
Location Animal Apprehended:
Place of lmpoundment:
Hours of Operation of Pound:
Phone No. of Pound:
Daily Pound Fee:
lmpoundment Fee and/or Fine:
License Fee: ·------------------------------
Method of Payment Required:
Day the animal will be sold or destroyed:
Date:
Animal Control Officer:
Signature:
OFFENSE NOTICE
FOR THE TOWN OF CARBERRY
Owner:
Date:
Section of By-law Contravened:
Offense number:
Fine Imposed:
Fine Due:
Method of Payment:
By-Law Enforcement Officer:
_