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MUNICIPALITY OF RHINELAND
BY-LAW NO. 2024-05
BEING a By-Law of the Municipality of Rhineland to regulate animals.
HEREAS:
A.
Section 232(1) of the Municipal Act ("Act") provides that 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.
B.
Section 232(2) of the Act provides that 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;
C.
Section 236(1) of the Act provides that, without limiting the generality of
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 contraventions of by-laws including
(iv) seizing, removing, impounding, confiscating and selling or otherwise
disposing of plants, animals, vehicles
or other things related to a
contravention.
D.
Council is of the opinion that it is in the public interest that animals should be
regulated and controlled to protect the safety of people and property.
OW THEREFORE Council of the Municipality of Rhineland enacts as a by-law the following:
retation
This By-Law may be referred to as the Animal Control By-law.
In this By-law:
a. "animal" means a dog or other animals regulated under this By-Law.
b. "animal control officer" means the person(s) appointed by the Municipality for the
purpose of enforcing any provision of this By-Law as well as any person acting as an
assistant to, or under the direction of, the Animal Control Officer.
c. "business day or working day" means any day of the week except Saturday, Sunday,
or Statutory holiday.
d. "dangerous dog" means a dog that has been declared to be dangerous pursuant to
sections 25-45 of this By-law.
- 2 -
e. "dog kennel" means any lot, building, structure, enclosure or premise where four or
more dogs at least four ( 4) months of age are kept for the purpose of breeding, sale,
training, boarding, or grooming purposes.
f.
"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.
g. "pound" means a place designated by the Municipality for the purpose of dealing with
dogs impounded under this By-law.
h. "pound keeper" means the person(s) appointed by the Municipality for the purpose
of enforcing any provision of this By-Law as well as any person acting as an assistant
to, or under the direction of, the Animal Control Officer.
1.
"run at large" or "running at large" means:
rohibitions
1. not in direct and continuous charge of a person competent to control it; or
11. not securely confined within an enclosure; or
111. not securely fastened so that it is unable to roam at will beyond the property
in which it is kept.
No person shall:
a. permit a dog to run at large,
b. permit a dog to bark, howl or make a noise that could disturb the peace and enjoyment
of people in the surrounding area,
c. permit a dog to bite, injure or attack a person or animal,
d. permit a dog to defecate on property other than on the owner's property without
immediately removing the excrement,
e. permit a dog to get into a garbage container or spread garbage on the ground on
property other than on the owner's property without immediately cleaning up the
garbage,
f.
permit a dog to damage public property or private property other than that of the
owner.
g. permit a dog in heat to be on property other than on the owner's property or in an
authorized kennel,
h. permit or keep more than 2 dogs and 2 cats on a property in the local urban district
of Rosenfeld, as defined in the Act, Regulation No. 174/99, and the local urban
districts of Gretna and Plum Coulee, as defined in the Municipal Amalgamations Act,
Regulation No. 135/2014,
1.
permit or keep more than 4 dogs and 4 cats on lands in the Municipality located
outside the local urban district of Rosenfeld, as defined in the Act, Regulation No.
174/99, and outside the local urban districts of Gretna and Plum Coulee, as defined
in the Municipal Amalgamations Act, Regulation No. 135/2014,
J.
permit a dog, other than a service animal, at the Plum Coulee Sunset Beach,
k. permit horses, cattle, hogs, goats, sheep, bees, pigeons, poultry including chickens,
turkeys, ducks and geese, or fowl including guinea fowl, and pigeons on lands in the
Municipality located inside the local urban district of Rosenfeld, as defined in the
Act, Regulation No. 174/99, and inside the local urban districts of Gretna and Plum
Coulee, as defined in the Municipal Amalgamations Act, Regulation No. 135/2014.
The persons responsible under this By-law include:
a.
the owner of the dog,
b.
a person who has care or control of the dog,
c.
an owner of property or a person who is renting or leasing property on which the dog
is kept or found.
-
- 3 -
5.
Sub-section 3(g)(h) does not apply to:
a.
a person who is operating a kennel or breeding operation on a property under licence
from the Province of Manitoba and who is in compliance with the Municipality's
Zoning By-law; or
b.
dogs under 4 months of age.
Dog Licensing
6.
If a dog over the age of four months is in the Municipality, its owner shall ensure the dog
has a valid licence issued under this section. This obligation does not apply to an owner
who can provide proof that they own the dog and are not a resident of the Municipality.
The owner shall ensure that the license tag issued for the dog is securely fastened to a
collar worn around the neck of the dog 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 is securely fastened to the dog's collar shall constitute an offence under this By-
law.
·
7.
For the Municipality to issue a licence, the owner shall:
a. pay the licence fee and any other applicable fees;
b. provide, in a form acceptable to the Designated Officer, any information
reasonably required to administer and enforce this By-law; and
c. demonstrate to the satisfaction of the Animal Control Officer that the dog is not
otherwise prohibited under this By-law from being in the Municipality.
8.
A licence may only be transferred to another dog in the event of a change in ownership
during the current license year. In such cases, the new owner shall have the current license
transferred to their name. Failure to report a change in ownership shall constitute an
offence under this By-law.
9.
The owner of a dog shall ensure the dog wears a valid licence tag when not on the owner's
property. No person shall be permitted to remove the collar or license tag from any dog
without a lawful excuse.
10.
Subject to section 1 0.a hereof, every dog owner must produce, before a license is issued
for the dog, evidence of a current rabies vaccination status for that dog from a licensed
veterinarian.
a. A dog owner does not have to produce evidence of a current rabies vaccination status
in order to obtain a license in respect of his dog 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 Vaccinations
11.
The owner of a dog shall have their dog vaccinated for rabies. Such vaccinations shall
be no more than two years old. The owner shall maintain a certificate of vaccination for
rabies showing that the dog has been vaccinated within the last two years. Except where
subsection 1 0.a applies, the animal control officer may at any time request that an owner
provide proof that the owner's dog 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, the animal control officer may apprehend
and impound the dog.
Animal Control Officer
12.
The position of Animal Control Officer is established. The Animal Control Officer shall be
the person appointed by the Municipality as its Animal Control Officer and/or By-law
Enforcement Officer and/or Designated Officer as appointed by Resolution.
-
- 4 -
13.
The Animal Control Officer may take steps to administer and enforce this By-law or to
remedy a contravention of this By-law, and for those purposes shall be a Designated
Officer and have the powers of a Designated Officer under the Act, a By-law Enforcement
Officer under the Municipal By-law Enforcement Act, or of an Enforcement Officer
under the Provincial Offences Act.
14.
The Animal Control Officer may enter property and buildings to carry out the administration
and enforcement of this By-law including for determining what actions or measures a person
must take in connection with any matter under this By-law, whether the actions or measures
have been taken, to prevent the contravention of this By-law, to remedy a contravention of
this By-law and to prevent a re-occurrence of a contravention.
15.
The Animal Control Officer, By-law Enforcement Officer, Law Enforcement or Peace
Officer, may commence a prosecution under the Municipal Act or the Municipal By-law
Enforcement Act, for the purpose of enforcing a contravention of this By-law through an
offence.
16.
The Animal Control Officer is to establish or contract out pound services in a manner in
keeping with The Animal Care Act (MB), 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, (MB) while an dog is in the custody of the pound keeper.
17.
The Animal Control Officer may, in enforcing this By-Law, seize a dog and impound it
at the Pound, and may in so doing use tranquilizer guns, drugs or such other means as
may be necessary to seize and impound the dog.
18.
A Designated Officer must keep a record of every dog impounded, which shall include
the following: (Attached Schedule "B" or provided by the contracted pound)
a. A description of the dog including its approximate weight, height and colour and its
order and breed;
b. The day and hour of the dog's impoundment;
c. The day and hour of the dog's redemption, sale, disposition or destruction, together
with the details of the redemption, sale, disposition or destruction;
d. The name and address of the Owner, the person to whom the dog was sold or released,
and the license number on the dog's tag if applicable;
e. The amount and particulars of all fees, fines and other charges invoiced to and
received from the owner or Payor (if different from the owner); and
f.
Such other particulars to the Designated Officer as directed from time to time in
writing or electronic format.
19.
Despite any right to redeem an impounded dog, the Animal Control Officer may cause
the dog to be destroyed if the dog is so injured or sick that it would be cruel to allow it to
live.
Dog Kennels
20.
No dog kennel license shall be issued except with the approval of Council of the
Municipality by resolution.
Any person who intends to establish a dog kennel shall apply for a conditional use
application to the Designated Officer by providing the location of the kennel and the
number of dogs to be kept.
21 .
All Kennel applications shall be subjected to an inspection by the Animal Control Officer
prior to the application being processed at their cost.
- 5 -
Pound
22.
Council of the Municipality may establish and maintain a Pound or Pounds for the
impoundment and care of dogs apprehended in administering and enforcing this By-Law
and Council may enter into an agreement(s) for this purpose.
Dog That Bites a Person to be Kept Under Observation
23.
The Animal Control Officer may seize and impound any dog that bites a person, or animal
or require that the dog be forthwith delivered to the Pound or to such other place as the
Animal Control Officer directs. A dog so seized and impounded, or delivered or taken to
the Pound or other place shall be kept there at the expense of the Owner for a period of
Ten (10) days from the date of the bite.
24.
Any dog thought to be rabid shall be impounded for fourteen (14) days or until it dies.
The head of any such dog that dies shall be submitted to the Canadian Food Inspection
Agency for rabies examination.
Dangerous D02:s
25.
If a dog presents an immediate threat or danger to the public or the safety of other animals,
Law Enforcement and/or a licensed veterinarian, as last resort, shall be empowered, in
their absolute discretion singly or together, to discharge any gun, firearm, pellet gun, other
compressed air propellant or administer anesthetic as the case may be, in the course of
their duties of enforcing this or any other section of this by-law.
26.
If, in the opinion or in the observations of the Animal Control Officer or Designated
Officer, it is believed that a dog presents a continuing or immediate threat to public safety
or other animals, whether or not the dog has been apprehended, the Animal Control
Officer or Designated Officer shall determine whether or not the dog should be declared
dangerous.
27.
The Designated Officer shall, if the Owner is known notify the owner at the Owner's last
known address. The notice shall include:
a. Statement of the time, place and reason for impoundment;
b. A copy of the Dangerous Dogs sections of this By-Law; and
c. A statement that if the Owner does not agree with the determination, they may request
a review;
d. If the Owner is absent or does not respond within five (5) working days, the Owner
will not be entitled to any further notice in the proceeding.
Such notice is met if the Designated Officer leaves the notice with a Responsible Person.
28.
If the owner is unknown or cannot be located, the Designated Officer shall make a
reasonable attempt to notify the Owner by posting a notice in the office of the
Municipality and on the Municipal social media describing the dog and the date of the
impoundment.
29.
The owner may contact the Designated Officer to make representations on their own
behalf and request to appeal any conditions if the dog is to be returned to the owner.
30.
If the owner does not contact the Designated Officer, having been given notice as
provided in sections 27 and 28, the matter may be dealt with in the owner's absence and
the Owner shall not be entitled to any further notice in the proceeding.
31 .
The Designated Officer may declare the dog to be dangerous if in their opinion or under
their observation~
a. The dog has caused injury to a person, whether on public or private property; or
b. The dog has seriously injured or killed another animal; or
c. The dog is kept, harboured or used primarily for the purpose of guarding property and
is not a police service dog owned by a government law enforcement agency; or
d. There is a material risk that the dog may cause injury to people or animals.
- 6 -
32.
In determining whether to declare a dog to be dangerous and, if so, the disposition of the
matter, the Designated Officer may take the following factors into account, as well as any
other matters considered relevant;
a. Whether the dog has worried, bitten, wounded or injured a person or animal, or is
otherwise an aggressive dog;
b. The circumstances surrounding any previous biting or wounding incidents;
c. Whether the dog has a tendency to pursue, chase or approach in a menacing fashion,
a person on public or private property;
d. Whether site conditions contribute to the dog's demeanour.
33.
The Designated Officer must make the determination within two (2) working days after
the determination notice is given and the five (5) day notice for appeal. If the Designated
Officer is unable to decide, the dog will be referred to a dog behavioural specialist for an
assessment at the owner's expense.
34.
If the Designated Officer declares a dog to be dangerous, they shall concurrently decide
whether the dog should be destroyed or released to the owner upon any or all of the
conditions set out in sections 38-40.
35.
The Designated Officer shall, if the owner of the dog is known, notify the owner of their
determination by serving the notice upon the owner or by mailing the notice by registered
mail to the owner's last known address. If the owner of the dog is not known, the
Designated Officer shall post a notice of the determination in the Office of the
Municipality and on the Municipal social media.
36.
The decision of the Designated Officer may be appealed to Council.
37.
If the Designated Officer has determined that the dog should be destroyed, it may be
destroyed within three (3) working days of the date of the determination, and the Animal
Control Officer may apprehend and impound the dog for this purpose.
38.
The Municipality may require every Owner of a dog that has been declared dangerous to:
a. Obtain a license for a dangerous dog and pay the fee set out in the By-Law
Enforcement By-law;
b. Cause the dog to be tattooed upon the ear with clearly identifiable information and
provide a copy of such tattooing to the Municipality;
c. Ensure that the dog is kept, while on private property, either securely confined indoors
or in a securely enclosed and locked pen, structure or compound which;
1.
Is capable of preventing the entry of young children and preventing the
dog from escaping;
11.
Has minimum dimensions suitable for the size of the dog as prescribed
by the Animal Control Officer;
111.
Has secure sides; and
1v.
Provides protection from the elements for the dog;
v.
Undergo a site inspection and follow any recommendations made by the
Animal Control Officer.
vi.
Agree to a follow-up site inspection to ensure they are compliant.
d. Permit the dog upon public property only if muzzled, restrained on a leash and under
the direct and continuous charge and effective control of a Responsible Person.
39.
Display in a conspicuous location at each entrance to the property or building in or upon
which the dog is kept a sign stating, "Beware of Dangerous Dog". The sign shall be posted
in such a manner that it cannot be removed easily by passers-by and is visible and capable
of being read from the sidewalk, street or land outside of the premises.
40.
Within three (3) days of selling or giving away the dangerous dog, provide the name,
address, and telephone number of the new owner to the Municipality.
a. Advise the Municipality forthwith if the dog is missing, running at large or has bitten,
worried or attacked any person or animal.
- 7 -
41.
No person shall deface or remove a sign posted pursuant to section 39.
42.
The Animal Control Officer may seize and impound the dog for the purpose of destroying
it when the Animal Control Office is of the opinion that:
a. An owner has breached a condition upon which a dog was released upon having been
declared dangerous; or
b. A dog that has been declared dangerous and/or has caused further serious injury or
damage, or there are reasonable grounds to believe the dog presents an ongoing
danger to the public or any other animal.
43.
If the Animal Control Officer impounds the dog for the purpose of destroying it, the
Animal Control Officer shall notify the owner at their last known address. The notice will
be given within three (3) working days of the date of the impoundment, unless the dog is
considered as an immediate threat or danger to the public or the safety of other animals
under section 25. If the Owner of the dog is not known, the Animal Control Officer shall
post notice of the impoundment in the Municipal Office and Municipal social media.
44.
The owner may, during the three (3) daytime period, request that Council reconsider the
Officer's decision to destroy the dog. Council shall reconsider the decision within ten
(10) days of the receipt of the request from the Owner and may confirm, vary or cancel
the decision, such notice to be provided as set out in section 27 and 28. All costs during
this time will be at the owner's expense.
45.
All decisions of Council are final.
Seizure. lmooundment and Redemption
46.
The Animal Control Officer may seize and impound a dog in enforcing this By-law.
a.
If the Animal Control Officer has seized and impounded a dog, the Animal Control
Officer shall take the dog to the pound. The Animal Control Officer shall, if the
owner of the animal is known to the Animal Control Officer, notify the owner that
the dog has been seized and impounded.
The dog may be redeemed from
impoundment provided the owner meets certain tenns including paying the
impoundment fees set out in Schedule "A" and the Municipality's costs of
enforcement.
b. If the dog is not redeemed within five (5) working days of being impounded, the dog
may be rehomed, brought to the shelter or destroyed. The Animal Control Officer
shall, if the owner of the dog is unknown to the Animal Control Officer or Designated
Officer, post a notice with this same information in the Municipal Office and on the
Municipal social media.
47.
The owner of the dog may redeem the dog from impoundment by applying to the
Designated Officer. Upon payment of the fees set out and the Municipality's costs of
enforcement and showing the proof of vaccination required under section 11, or other
conditions set out, the Designated Officer shall instruct the pound to release the dog.
48.
No person described in section 4 may permit a dog to be in violation of the conditions of
redemption as stated in section 4 7. If the conditions of redemption are violated, the
Animal Control Officer may seize and impound the dog. The owner may be subjected to
additional fines as outlined in Schedule "A". The Animal Control Officer shall, if the
owner of the dog is known to the Animal Control Officer, notify the owner of the animal's
seizure and impoundment. If the owner of the animal is unknown, the Designated Officer
shall post a notice with this same information in the Municipal office and the Municipal
social media.
49.
The owner is responsible for all fees set out and the Municipality's costs of enforcement.
- 8 -
Assistance and Non-interference with Enforcement
50.
No person may interfere with, obstruct, or attempt to interfere with or obstruct the Animal
Control Officer in carrying out the administration and enforcement of this By-law. The
owner of property or a person renting, or leasing property shall assist the Animal Control
Officer in seizing an animal found on their property. A person described in section 4 in
respect of an animal shall supply such information that the Animal Control Officer
requests in connection with the administration and enforcement of this By-law.
Offence
51.
A person who contravenes this By-law is guilty of an offence and is liable on summary
conviction to a fine of not more than $1,000.00. Any costs associated with or resulting
from enforcing this By-law are in addition to any such fine and are an amount owing to
the Municipality and may be collected in any manner in which a tax may be collected or
enforced under the Municipal Act.
52.
That the amount of the administrative penalties set out in Schedule "A" to the Municipal
By-law Enforcement By-law No. 2020-10 or may be amended from time to time.
Transitional
53.
This By-law repeals By-law No. 2022-05, except in respect of an offence committed
before this By-law comes into force. By-law No. 2022-05 remains in effect to the extent
required for the prosecution of any such offence.
DONE AND PASSED, in the Municipality of Rhineland, Manitoba this 12th day of June, 2024.
READ A FIRST TIME this 22nd day of May, 2024, A.D.
READ A SECOND TIME this 12th day of June, 2024, A.D.
READ A THIRD TIME this 12th day of June, 2024, A.D.
Reeve
~~~
Chief Administrative Officer
Animal Control Fines
Dog License Fee
- 9 -
SCHEDULE "A"
As per By-Law Enforcement By-Law
2020-10 ( or its amendments) including
Animal Control Officer charges, Impound
fee charges, By-Law Enforcement Officer
charges and mileage charges.
$0.00
Unless waived by the CAO, all fees must be collected prior to the animal being redeemed from
the pound by the owner.
Where the owner wishes to pick up their animal during hours when the Municipal Office is
closed, the owner must pay the Municipality all fines and fees prior to the Pound-keeper releasing
the animal. Impound fees must be paid prior to picking up the animal. The Pound-keeper will
not release the animal until all penalties and fees are paid in full unless authorized by the
Designated Officer.
- 10 -
BY-LAW NO. 2024-05
SCHEDULE "B"
IMPOUNDMENT NOTICE FORM
Owner:
Phone No.
------------------
--------
Address: ----------------------------
Description of Animal: ------------------ - -----
Tag No.
Date of Apprehension:
Time:
----------
-------
Location Animal Apprehended:
Place of Impoundment:
Date the Dog will be redeemed, sold, or disposed of: - -------------
Daily Pound Fee:
Impoundment Fee and/or Fine:
License Fee:
Animal Control Officer:
Signature: --------- - ---
- 11 -
46
2 )24-05 Animal
Animal Impound Flat Fee
$120.00
NIA
C ontrol By-Law
19
2 )24-05 Animal
Euthanasia Fee
$200.00
NIA
Control By-Law
3a
2 )24-05 Animal
Permit a dog to run at large -
$375.00
NIA
C ontrol By-Law
unlicensed/no tag/ no identification -
picked up by ACO
I
1st com:Qlaint:
3a
2 )24-05 Animal
Permit a dog to run at large -
Warning
Control By-Law
licensed/owner known/with or without
2nd com12laint:
identification
$100.00
Permit a dog to bark, howl, disturb
3rd com12laint:
3b
$150.00
peace
Permit a dog to defecate on other
For all
3d
property
subsequent
Permit a dog to spread garbage
complaints, add
3e
$50.00
3g
Permit a dog to be in heat on other
(increment to
the last fee
property
collected)
3c
2 024-05 Animal
Pennit a dog to bite or injure
$250.00
$125.00
24
( lontrol By-Law
Impoundment for rabies observation
$210.00
NIA
3f
~ 024-05 Animal
Damage to public property
Actual Cost
( ontrol By-Law
Permit to damage private property
$100.00 plus
$50.00
actual cost
3h/i
~ P24-05 Animal
Permit to keep more animals than
$200.00
$100.00
(' ontrol By-Law
allowed
3j
2 )24-05 Animal
Permit a dog on Plum Coulee Sunset
$100.00
$50.00
Control By-Law
Beach
3k
2 )24-05 Animal
Permit animals not allowed
$200.00
$100.00
C ontrol By-Law
owner to
remove
38a
~ )24-05 Animal
License for a dangerous dog
$200.00
< ontrol By-Law
renew every 2
years
6
~ 024-05 Animal
Dog License Fee
$0.00
< ontrol By-Law
Unlicensed Dog
$100.00
$50.00
Owner to license
20
~ )24-05 Animal
Dog Kennel Fee
$75.00
NIA
1 ontrol By-Law
Conditional Use
$300.00
NIA