2011 - Animal Control — full text

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## TOWN OF GRANDVIEW BY LAW NO. 2-2011 A By-Law to provide for the regulation and control of animals within the limits of the Town of Grandview. ## 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 th afety and protection of property 2. (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 may in by law prais chiehe Divor subsection (), a council - (a) regulate or prohibit; - f) except where a right of appeal is already provided in this or an perl, an, provided materspeal and the body that is to decide the 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) (entude provisorby laws) a by law passed under that clause may - (a) providing for per duas acluding competid it, and - (b) remedying contravention of by-laws, including - creating offenses, - (i) 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, - 11) providing that an amount owing under subclause (11) ma e collected in any manner in which a tax may be collected 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), than six months fortne of mission of enternsest more 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 passed in ## 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) ## Municipality or LGD not liable by reason only of making AND WHEREAS subsections 31(1) and (2) of the Diseases and Dead Bodies Regulation, 338/88R of The Public Health Act, R.S.M. 1987 c. P210 provide, in relevant part, as follows: municipality in which the biting incident occurred or a peace officer of the details of the biting incident. 31(2) An animal control officer or peace officer receiving a report pursuant to subsection (1) shall notify the medical officer of health of the details of the report at the earliest possible opportunity. ## PART II: DEFINITIONS AND INTERPRETATION ## By-Law Name 1(1) This By-Law may be referred to as the "Animal Control ByLaw". ## Definitions 1(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 Felis domesticus (domestic cat). "Council" means the council of the Town of Grandview. "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 harboured within the Municipality; "livestock" means: - (a) animals kept for the purpose of: - (i) production of other products from the animals, or - and breeding stock of such animals; - (iii) herding, protection of livestock or draft work. - (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 (il) 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: - (d) dairy cattle and beef cattle, goats, sheep, bison and horses; - (e) swine (including, wild boar); - (f all cervids on game production farms; - (g) all of the family Camilidae (including, Llamas and Alpacas); - (h) all domestic poultry (including, chickens, turkeys, ducks and geese; - (i) specialty fowl (including, guinea fowls); and - (i) 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 Grandview. - "owner" includes any person who owns, keeps, harbours 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. "poundkeeper" 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 poundkeeper as set out in section 4 of this ByLaw. ## "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(see Schedule A) ; 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. (3) In all parts of this By-Law, any word importing the male gende hall include the female gender and vice versa, and any wor applicable and unlear he lonelude tires a literer c epeation. ## PART III: ESTABLISHMENT OF POUND AND APPOINTMENT OF ANIMAL CONTROL OFFICER AND POUNDKEEPER 2(1) Council may establish and maintain a pound for the impoundment and care of animals apprehended pursuant to the enforcement of an provision of this By-Law, or the Council may enter into an agreement with any person (including with any other municipality, city, town or permanent basis, and shall be paid out fihe general funds of the ## Appointment of poundkeeper 2(3) Council may appoint one or more persons as poundkeepers) to 24) At the disre on or Council, the nina control oficer may also serve as poundkeeper, and vice versa. ## Duties of the animal control officer 3. 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 (b) to apprehend and confine any dog, cat or any other 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. (c) to make reasonable attempt to notify the owner of every animal impounded if the identify 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 C 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 prehension and the date after which the animal will be so stroved or otherwise disposed (d) The animal control officer or poundkeeper 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 poundkeeper, 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. - (e) to enforce the provisions of this By-Law. ## Duties of poundkeeper 4. It shall be the duties of the poundkeeper: - (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 poundkeeper. (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); - (i1) 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 payor (if different from the owner); and (vi) such other particulars as the clerk 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 Clerk of the Municipality, together with such reports and statements as the said Clerk 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 poundkeeper 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 poundkeeper, a domestic pet, for a minimum period of: - (i) three (3) days, which shall include the day of mpoundment but shall exclude Sundays at ny statutory holidays during which the pour is closed to the public, or - (ii) where the Municipality has entered into a 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. (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 poundkeeper 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 poundkeeper on the express authority of the Municipality; or (ii) cause the impounded animal to be humanely destroyed; unless the Municipality, or the poundkeeper 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 poundkeeper. ## PART IV: DOGS, CATS AND OTHER DOMESTIC PETS 5(2) The required dog/cat license may be sold by the poundkeeper, the Clerk of the Municipality or by any veterinary clinic or animal hospital within the Municipality which is designated by the Council as a icterinary clinic or animal hospital eligible as a vendor of such 5(3) No person shall be permitted to remove the collar or license tag from any dog/cat without a lawful excuse, and any such removal shall constitute an offense under this By-Law. 5(4) The license fee hereby imposed shall be due and payable on the st day of January in each year and shall expire on the 31st day o ecember in the year in which the license fee was levied and pai 5(5) Where the license tag is lost or damaged, the owner shall forthwith apply for a replacement license tag, the cost of which is set out in Schedule B hereto attached. 5(6) Where a change in ownership of a dog/cat licensed hereunder occurs during the license year, the new owner shall have the curren icense transferred to his or her name upon payment of the transfer fe 5(7) Subsections 5(1), (2), (3), (4), (5) and (6) shall not apply to nonresidents of the Municipality who bring a dog/cat on a temporary visi into the Municipality, provided however, that nothing in thi subsection 5(7) shall authorize any person to bring a dog/cat into the Municipality that is a dangerous animal or is vicious, in heat, rabid o otherwise a risk to the public or to other animals within the Municipality, nor does it authorize any person to allow the dog/cat to run at large or otherwise create a nuisance within the Municipality. 5(8) Subject to subsection 5(9) hereof, every dog/cat owner must produce, before a license is issued or renewed for the dog/cat, evidence of a current rabies vaccination status for that dog/cat from a licensed veterinarian. 5(9) A dog/cat owner does not have to produce evidence of a current rabies vaccination status in order to obtain or renew a license in respect of his dog/cat if he can produce a statement in writing signed by a licensed veterinarian certifying that the dog cannot be vaccinated for rabies for medical reasons. ## Rabies Vaccination 5(10) Except where subsection 5(9) 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 o at, the animal control officer may apprehend and impound the dog o cat, and may charge the owner with an offense under this By-Law. ## Kennel Permits 6(1) Kennels are prohibited in the Town of Grandview. ## Responsibility of Owners Regarding Dogs 7(1) No owner shall: (a) permit his dog to run at large. When a dog is found running at large, its owner shall be deemed to have failed or refused to comply with this subsection. (b) permit his dog 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 to defecate on any public or private property other than the property of its owner. Where a dog defecates on property other than the property of its owner, the owner shall cause such excrement to be removed forthwith. (d) permit his dog to defecate on his property in a manner which constitutes an environmental or health hazard or a nuisance for neighbours. (e) permit his dog to damage public property or private property other than that of the owner. Where public or private property has been damaged by a dog, its owner shall be deemed to have failed or refused to comply with this subsection. - (f) own, keep, harbour or have possession or control of any dog (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 valid license has not been issuec - (g) own, keep, harbour or have possession or control of any dog determined to be a dangerous animal, unless such dog is kept at all times in accordance with the provisions of Part V. - (h) permit his dog to pursue, bite, wound or worry any person or animal, whether or not on the property of the owner. - (i) permit his dog on any school ground or playground. - (i) permit his dog on public property (including parkland area unless the dog is on a leash (which lease shall be no longer than six (6) feet in length, fully extended) and the dog 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 - (k) permit his dog to upset waste receptacles or otherwise litter. (2) An owner of a registered guide dog that is visually impaired o1 any other person who requires the assistance of a registered guide do shall not be subject to the restrictions imposed under subsections 7(1)(c), (f), (i) and (i). ## Redemption 8. 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) the impoundment fee as set out in Schedule B; - (b) the pound fee calculated in accordance with Schedule B; - (c) in the event that the impounded animal is a dog that is unlicensed at the time of apprehension, the relevant license fee; - (d) all outstanding fines, damages or costs relating to the impounded animal. 9(1) An owner of a domestic pet other than a dog or cat shall not allov the domestic pet outside of the owner's premises unless the domesti pet is at all times while outside of the owner's premises, under the immediate charge and effective control of a person competent to control it. In the event that 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 harbour such animal within the Municipality. ## Dogs 9(2) Subject to subsection 9(3) and the provisions of section 7, 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; - (c) the dog is under the immediate charge and effective control of a person competent to control it. - (b) the dog is on a leash that is less than six (6) feet in length fully extended; and 9(3) A female dog in heat shall be confined to the premises of the owner or a person having control of the dog for the period of time tha he dog is in heat. The said dog's confinement shall be in such manner as to prevent any contact between the dog in heat and any other dog except other dogs owned by the same owner or by another owner who voluntarily permits such contact. ## Cats 9(4) Subject to subsection 9(5), the owner of a cat shall not permit the cat to be outside of the owner's premises unless the said cat is unde he immediate charge and effective control of a person competent t control it. ## Cat Trap 9(6) Any person who wishes to obtain a trap to apprehend a cat running at large from the poundkeeper or the animal control officer, a) provide to the poundkeeper or animal control officer, a pplicable, his or her name, address and telephone numbe (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 poundkeeper or animal control officer, a applicable; an (c) pay any deposit and/or fee as may be authorized by Council from time to time for use of the trap, as set out in Schedule B hereto attached. 9(7) Any person who fails to comply with the terms and conditions set out in this section 9 shall be guilty of an offense under this By-Law. ## Maximum Number of Dogs or Cats - 10(1) (a) No person shall own, harbour, keep or have in his possession or control or on his premises, more than two (2) dogs over the age of four (4) months, regardless of the number of people who may be inhabiting the premises. (b) No person shall own, harbour, keep or have in his possession or control or on his premises, more than two (2) ats over the age of four (4) months, regardless of the numb f people who may be inhabiting the premise 10(2) Subsection 10(1)(b) hereof shall not apply to premises which are zoned agricultural, provided however, that where, in the discretion of the animal control officer, the number of cats on any such premises constitutes a danger to the public or to the cats, the animal control officer may exercise his discretion to apprehend and impound all or ## PART V: DANGEROUS ANIMALS ## Animal Bites 11(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 lomestic pet that he has reason to believe has bitten a person i n his discretion, such action in respect of the domestic pet i 11(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 persona Empouncin the ares or ahmurpose of apprehending and 11(3) Any aggressor animal so apprehended and impounded at the und shall, subject to subsection 11(9) herein, be quarantined fo inimum of ten (10) days at the owner's expense, commencing fro the date of impoundment (the "quarantine period"). 11(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 11(5) Subject to a determination by the animal control officer pursuant animal, the aggressor animal may be released to the owner after expiry gainst the owner hereunder. In the event that the owner fails t edeem the aggressor animal from the pound within three (3) day after expiry of the quarantine period, the aggressor animal shall be sold, or otherwise disposed of, or destroyed at the discretion of the 11(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. 11(7) The head of any aggressor animal quarantined for biting that dies while quarantined and prior to the veterinary examination required pursuant to subsection 11(8) hereof, shall be submitted to the Canadian Food Inspection Agency for rabies examination. 11(8) Every aggressor animal shall be examined by a licensed otherwise disposed of, shall be at the discretion of the animal control - a) the medical report of the licensed veterinarian who ha examined the aggressor animal 2. (b) whether or not the public health authorities are prepared to consent to the release of the aggressor animal; 3. ) the severity of the bite incident, the circumstance urrounding the incident and the consequences of the inciden 4. (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 13 hereof have been complied 5. (e) whether or not the aggressor animal is a restricted animal, and if yes, restricted animals are not allowed within the municipality as per Part VII; (D) 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. 11(9) Notwithstanding the provisions of subsection 11(3) herein, it shall be within the discretion of the animal control officer to release ar 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 - 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 12(1) Where the animal control officer has reason to believe that ar animal, including but not limited to an aggressor animal under section 1, is a dangerous animal, he shall arrange a hearing before Council a a regularly scheduled meeting of Council to determine whether or no the said animal should be declared a dangerous animal. In the even that an owner voluntarily accepts the dangerous animal declaration anc ne recommended disposition of the matter made by the animal contr fficer, a hearing before Council may be dispensed with, and th 12(2) 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: (i) 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; (ii) may impose all or any of the conditions set out in subsection 13(2) 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. 12(3) Council shall provide written notice of the hearing to the owner 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 minimun 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 12 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 in regard to the proceedings concerning the animal. 12(4) (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 viva voce or documentary) on his behalf. The owner also has the right to hear all of 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 12, Council shall be entitled to deal with the matter in his absence, and the owner shall not be entitled to any furthe notice or appeal in regard to 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 12(3) hereof. 12(5) 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; o il) the animal has seriously injured or killed any othe 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 roperty or any other animal, taking the followin onexhaustive 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. 12(6) The Council shall deliver a copy of their decision to the owner in the manner provided in subsection 12(3). There shall be no obligation upon Council to issue written reasons for their decision. 12(7) The decision of Council shall be final. There shall be no appeal from the decision of Council. 12(8) 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. 12(9) Where a license is deemed to have been cancelled pursuant to subsection 12(8) 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. 12(10) Every owner who has received notification from Council ursuant to subsection 12(3) that a determination hearing will be he ith respect to his animal, shall ensure that the animal remair confined upon the premises of the owner pending the final outcome of the hearing. 12(11) Subsection 12(10) 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 13(1) Council shall determine whether the dangerous animal should be destroyed or released to the owner subject to the conditions set out in subsection 13(2). The decision of Council shall be final and not subiect to appeal. 13(2) Every owner of an animal that has been declared to be dangerous ind in respect of which Council has decided to release the dangerou nimal to its owner, shall (a) in the event that 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 B 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 poundkeeper. (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) is capable of preventing the entry of young children and the escape of the dangerous animal: (iii) has secure sides; and (i) has minimum dimensions suitable for the size of the dangerous animal, as prescribed by the animal control officer; (iv) provides protection from the elements for the dangerous animal. it is muzzled; (d) in the event that the dangerous animal is a dog, permit the dog upon public property only if: - (i) it is restrained by a chain or leash not exceeding ix (6) feet in length, fully extended; an - (iii) the dog is at all times under the effective contro of a person competent to control it. (e) in the event that 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. (t) display in a conspicuous location at each entrance to the 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. (i) maintain in force to the satisfaction of the Clerk of the Municipality a comprehensive liability insurance policy ncluding coverage for damage or injury caused by th dangerous animal, with a minimum limit of liability of (k) such other conditions as may be prescribed by order of the Council, including, without limitation, any of the conditions set out in subsection 11(9) hereof. 13(3) No person shall deface or remove a sign posted pursuant to subsection 13(2)(f) or subsection 11(9)(b) hereof without having first obtained the permission of the animal control officer. ## Destruction of dangerous animal or aggressor animal 14(1) 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. In the event that 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. 14(2) When the animal control officer impounds an animal under this section 14 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 Clerk of the Municipality, in which Section 13 alreo. The animal sial remain with ran inred in the pound pending the outcome of the hearing. ## PART VI: LIVESTOCK 15(1) The keeping of livestock shall only be permitted in those areas of the Municipality which are zoned agricultural unless otherwis permitted by the Municipality's zoning by-law in effect from time t 15(2) An owner shall not permit his livestock to run at large within the Be deady Wereied of is fed to comply at largis By wanet shall 'ouncil, may establish from time to time a temporary or permanen remises for the confinement of livestock apprehended pursuant to th rovisions of this By-Law. This may include the premises where th prehension took place, and the owner of such premises or any othe Municipality may authorize the establishment of a temporary pound, which temporary pound shall be ratified at the next regularly scheduled Council meeting. 15(4) When livestock is impounded, the animal control officer shall publish notice of the impoundment in a newspaper that is generally impoundment, along with the location within the Municipality where the livestock were found running at large. 15(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. (7) It no person claims the livestock within ten (10) days of the d 'the notice of impoundment, or if the owner has not paid the co ## PART VII: RESTRICTED ANIMALS ## Prohibition on restricted animals 16(1) No person shall keep, harbour, possess or control any restricte nimals within the Municipality. 1oc2)r to cre pose of nas crited aricer has reasonable grounds to BASSE 16(3) The onus shall be on the person upon which an order pursuant to subsection 16(2) has been served to establish either that: - (a) the animal is not a restricted animal; or - (b) the person has written permission from Council to keep or harbour the restricted animal. the restricted animal. 16(5) Upon apprehension and impoundment of a restricted animal, and provided that: - (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 anima. lestroyed or sold, and the animal control officer shal arry out the order of Council. The owner shall be liabl or all costs associated with apprehension, impoundmen 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, ther the Municipality shall refund the excess proceeds to the - (a) a written order was duly served on the owner as required by subsection 16(2); and ## PART VIII: GENERAL PROVISIONS ## Offenses under this By-Law - (a) Allowing or failing to prevent a dog, cat or domestic pet 17(1) For greater certainty and without limiting any provisions of this By-Law, the following shall constitute offenses under this By-Law: - (b) Keeping or harbouring dogs or cats in excess of the maximum number permitted by this By-Law; (d) Failure by the owner of a dog to comply with any one ot (c) Failing to comply with an order of the animal contro officer to dispose of any dogs or cats in excess of the prescribed limit made under section 6 of this By-Law: more of the provisions of section 7, subsection 9(2) Or subsection 9(3) of this By-Law; (f) Failing to voluntarily surrender a dog or cat to the animal control officer upon a request therefor: (e) Failing to report a bite incident or failing to voluntarily surrender the dog or cat believed to have bitten a person to the animal control officer or poundkeeper; (g) Failure by an owner to discharge the duties of an owner as (n) Defacing or removing a sign required to be posted under subsection 11(9)(b) or subsection 13(2)(f) of this By-Law; (o) Failing to comply with any of the requirements of Part VI of this By-Law in relation to livestock; ## Interference With Enforcement 17(2) It shall be an offense under this By-Law for a person to interfere or obstruct any attempt by the animal control officer, poundkeeper ol 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 poundkeeper, 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. - 17(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 17(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, poundkeeper or the Clerk 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 18(1) 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, an icense or permit issued pursuant to this By-Law) or to otherwis enforce the provisions of this By-Law, but shall not enter the persona esidence of any individual without the consent of the owner o cupant of the personal residence or a valid warrant or order from ovincial court judge, magistrate or justice of the peace, as required permit such entry. 18(2) The owner of any dog, cat or any other domestic pet that has tten any person or any other animal shall present the said animal le door of his dwelling upon the request of the animal control offic to assist the animal control officer to apprehend and impound the said ## Complainant Identification 19(1) Any person who makes a complaint alleging an offense under based on an anonymous complaint or information. ## Penalties 21(1) Without limiting the penalties for specific offenses set out in $1000.00, or to imprisonment for not more than thirty (30) second offense and for each subsequent offense within twelv (12) months of the first offense 21(2) Any animal that is impounded three or more times within any 21(3) Any person who interferes with or obstructs the duties of an unimal control officer, a poundkeeper or any other person authorize o enforce any provisions of this By-Law, or who unlawfully enter oFyno ense and i filly removes any animal impounded, is guilty (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; - 21(4) 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. - 21(5) 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 ## Repeal of Previous By-Law 22(1) This By-Law hereby repeals By-Law No. 4-2006. DONE AND PASSED as a By-Law of the Town of Grandview in the Province of Manitoba by the Mayor and Council in open session assembled this 12th day of April \_A.D. 2011   Tom Bohun Mayor snalgleish Chief Administratt Read a first time\_ March 23rd \_ A.D. 2011 Read a second time April 12th\_ A.D. 2011 Read a third time April 12th \_ A.D. 2011 ## SCHEDULE A ## WILD ANIMALS Division 1 - Big Game Moose Elk Barren-ground Caribou Woodland Caribou White-tailed Deer Mule Deer Black Bear Gray (Timber) Wolf Division 2 -- Fur Bearing Animals Beaver Short-tailed Weasel Long-tailed Weasel Coyote Fisher Alces alces Canis lupus Canis latrans Canis vulpes Felis rufus Gulo gulo Division 3 - Division Partridg Perdix perdix Division 5 - Amphibians and Reptiles Northern Leopard Frog (includes tadpoles) Tiger Salamander Red-sided Garter Snake Western Plains Garter Snake Snapping Turtle Painted Turtle Division 6 - Protected Species Pronghorn (Antelope) White Pelican Double-crested Cormorant Greater Prairie Chicken All vultures, eagles, hawks, osprey and falcons Rana pipiens Ambystoma tigrinum Thamnophis sirtalis Thamnophis radix Chelydra serpentina Chrysemys picta Antilocapra americana Felis concolor Pelecanus erythrorhynchos Phalacrocorax auritus Tympanuchus cupido Falconiformes Megaceryle alcyon Cyanocitta cristata Gray (Canada) Jay Perisoreus canadensis Common Raven Corvus corax Western Hognose Snake Heterodon nasicus Northern Prairie Skink Eumeces septentrionalis Plains Spadefoot Toad Scaphiopus bombifrons Polar Bear Ursus maritimus Wood Bison (except Wood Bison kept in Bison bison athabascae captivity and privately owned) Plus Migratory Non-Game Birds and Migratory Insectivorous Birds protected in Canada under the Migratory Birds Convention Act, 1994 (Canada). S... 1991-92, c. 17, s. 7; 5.M. 1994, с. 8, S. 11; S.M. 2002, c. 47, s. 21; S.M. 2008, c. 42, s. 97. Disclaimer: In the event there are amendments to this Act, the most recent amendment will prevail. ## SCHEDULE B - LICENSE AND IMPOUNDMENT FEES ## Application Fees For a Kennel Permit For a permit to keep restricted animals n/a n/a ## License Fees (Annual) - and Related Changes For each spayed female or neutered cat or dog For other cat or dog Replacement tag Restricted Animal permit - annual fee $ 5.00 $15.00 $ 5.00 $ 20.00 ## 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 For first impoundment, flat fee: For each day of impoundment, add . For second impoundment, flat fee (if it occurs within 12 months of the first offense) For each day of impoundment, add $ 30.00 $ 10.00 $ 50.00 $ 10.00 ## TBD - to be determined by council ## SCHEDULE C NOTICE OF IMPOUNDMENT FOR THE TOWN OF GRANDVIEW Owner: (Name and Address of Owner of animal) Description of Animal: Date of Apprehension: Time of Apprehension: Location Animal Apprehended: Place of Impoundment: Hours of Operation of Pound: Phone No.of Pound: Daily Pound Fee:\_ Impoundment Fee and/or Fine: License Fee: Method of Payment Required: Day the animal will be sold or destroyed: \_ Animal Control Officer: \_ Signature: Date: