Municipality of Souris – Glenwood, Manitoba
· adopted 2007-05-07
This is the exact embedded text of the captured official document.
Snapshot a0820b0ea6c7 · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE TOWN OF SOURIS
BY-LAW NO. 1780
Being a by-law of the Town of Souris establishing regulations
for the control of dogs and cats.
WHEREAS the Animal Liability Act, S.M. 1998 c. 8, (subsection 5(1) Animals
not to run at large; subsection 5(2) by-law does not limit owner's liability; and subsection
5(3) Town not liable by reason only of making by-law), authorizes the Council of any
Municipality to pass by-laws to allow, restrain, prohibit, and regulate the running at large
or trespassing of animals or fowl and providing for impounding them and other
regulations in respect thereof;
AND WHEREAS subsection 236(1), 232(1)(o), and 232(2) of The Municipal Act,
S.M., 1996, c.58 authorizes the Council of any Municipality to pass by-laws for
regulating or prohibiting the keeping within the Municipality or within a prescribed area
thereof domestic or wild animals and for the restraining and prohibiting and regulating
the running at large of dogs and for the imposition of a license fee for dogs and other
regulations pertaining to dogs;
NOW THEREFORE BE ENACTED AS A BY-LAW OF THE TOWN OF
SOURIS AS FOLLOWS;
(1)
THAT this by-law may be cited as the Dog and Cat By-law of the
Town of Souris.
(2)
THAT this by-law relates to all dogs and cats as defined herein, within
the Town of Souris.
(3)
DEFINITIONS:
In this by-law the expression:
(a) "CAT" means any feline, male or female;
(b) "KITTEN" means all cats under the age of 90 days;
(c) "DOG" means any canine, male or female;
(d) "PUPS" means all dogs under the age of 90 days;
(e) "TOWN" means the area as outlined in the Municipal Boundaries
Act;
(f) "OWNER" means any person who owns, keeps, possesses or
harbours a dog or cat;
(g) "ANIMAL CONTROL OFFICER" shall mean an employee of the
Town of Souris whose duty is to enforce this by-law;
(h) "RUNNING AT LARGE" shall mean a dog or cat being on the
streets, lanes, parks or public places, or in any school ground in the
Town of Souris or being on private property without the permission
or consent of the owner or occupant of such property, unaccompanied
by any person or accompanied by any person or but not under the
complete control of any competent person;
(i) "POUND" means any enclosure, premises, or place designated by the
Town for the purpose of impounding and caring for all animals found
running at large in violation of this by-law;
(j) "VICIOUS DOG" means any dog found chasing or barking at any
pedestrian, vehicle, or horse or any other animal on a public
thoroughfare. Also any dog or cat which is guilty of biting or
threatening to attach persons other than the owner;
(k) "POUNDKEEPER" shall mean the poundkeeper for the time being
of the Town of Souris and shall include his deputy or any one or
more of his assistants or anyone performing any of the duties of
the poundkeeper;
(4)
POUND AND ADMINISTRATION:
(a) The Town shall maintain a Pound located within the Town at such
place designated for the time being as Town Pound.
(b) The Pound shall be administered by the Town designate who shall
be known as the Poundkeeper.
(5)
VICIOUS DOG OR CAT OR PUBLIC NUISANCE:
(a) Any owner, possessor, or harborer of any dog or cat who permits
such dog or cat to disturb the quiet of others anywhere, in the case
of a dog by howling or barking, shall be guilty of an offence and
liable to prosecution for breach of this by-law.
(b) An owner, possessor, or harborer of any dog found chasing or barking
at any pedestrian, vehicle, horse, or any other animal on a public
thoroughfare shall be guilty of an offence and liable for prosecution
for breach of this by-law.
(c) If any dog or cat is ascertained by the Animal Control Officer on
evidence satisfactory to him that such dog or cat is guilty of biting
or threatening to attack persons other than the owner, the Chief
Administrative Officer shall be empowered on the request of the
Animal Control Officer to refund the fee paid and no fee shall
be imposed thereafter or tag issued in respect to such animal
shall be impounded and destroyed at the direction of the Animal
Control Officer by a Doctor of Veterinary Medicine.
(d) No owner shall allow a dog, with a propensity of being a vicious
dog, whether on a leash or not, to be in a public place without it
being properly muzzled.
(e) Any commercial guard dog or vicious dog must be securely confined
within an enclosure of private land, and such areas are to be
sufficiently posted with Danger Signs, clearly stating " Beware of
Dog" or wording similar.
(f) No owner, possessor, or harbourer of any dog, shall permit it to be
on or in any public thoroughfare, highway, place, building or park,
unless such dog is on a leash or under the complete control of some
competent person.
(g) Any owner, possessor, or harborer of any dog which is on any public
thoroughfare, highway, or park shall be in possession of a suitable
device for gathering any excrement deposited by such dog on any
such public thoroughfare, highway, or park and shall forthwith
remove such excrement therefrom to his own premises. In addition,
any owner, possessor, or harborer shall clean up or repair any mess
caused by his dog digging.
(h) Any Dog or Cat running at large may be picked up and impounded,
if such dog or cat is on public property anywhere within the Town of
Souris. Any dog or cat shall be deemed to be running at large if it
leaves the private property, owned, occupied, or controlled by the
owner.
(i) If any dog or cat becomes a public nuisance, or if the Animal Control
Officer has reasonable grounds to believe that the dog or cat is guilty
of biting or threatening to attach persons, the Animal Control Officer
shall be empowered to impound the animal at the expense of the
owner until such time as the owner can satisfy the Animal Control
Officer that the animal will no longer create a public nuisance or
cause a threat to persons and the appropriate pound fees are paid.
(j) On the hearing of the information and complaint against any dog
or cat, or the owner or person in charge thereof for breach of this
by-law, the owner or person in charge shall be deemed to have
"allowed" or "permitted" the breach unless he/she satisfies the
presiding Magistrate that he/she took all reasonable precautions
to prevent such breach.
(6)
SPECIAL RESTRICTION
A female dog in heat shall be confined and housed in the residence of
the owner or person having control of the dog for the period of time that
she is in heat, or taken to a Licensed Kennel for the whole period of time
in heat.
(7)
VACCINATION AGAINST RABIES
(a) Every dog over the age of 3 months shall be vaccinated against rabies,
which vaccinations shall be applied again 6 months to 1 year, shall be
repeated at intervals of not more than one year. Every owner, possessor,
or harborer of any dog, who applies for a license when the age of the dog
is under 3 months shall be required to sign a declaration that vaccination
will be carried out when the dog reaches the required age, onus of proof of
age of any dog shall be upon the owner, except as aforesaid, proof of
vaccination against rabies must be produced when application for a license
is made. Vaccination tags shall be affixed at all times to a collar worn on
the neck of the dog.
(i) An exception to the above will be made by the production of a
statement in writing from a License Veterinary Surgeon stating
that the dog, for medical reasons cannot be vaccinated for rabies
or that the scheduled vaccination routine should be varied.
(b) If proof of current vaccination against rabies is not produced to the
satisfaction of the Animal Control Officer, by the Owner, possessor, or
harborer of any dog, the Chief Administrative Officer may, upon receipt
of such information, cancel the license of any such dog without notice to
any person. Thereafter, the dog may be dealt with as an unlicensed dog
under the provisions of this by-law.
(c) Every cat over the age of 3 months shall be vaccinated against rabies,
which vaccinations shall be repeated annually. The Animal Control
Officer may at any time require the owner, possessor, or harborer of any
cat to produce proof of current vaccination against rabies, and if such
proof is not produced to the satisfaction of the Animal Control Officer, he
shall require such cat to be vaccinated against rabies unless;
(i) An exception will be made to the above, by the production of
a statement in writing from a Licensed Veterinary Surgeon stating
that the cat, for medical reasons, cannot be vaccinated for rabies
or that the scheduled vaccination routine should be varied.
Refusal, neglect, or failure to comply with this requirement shall
constitute a breach of this by-law.
(d) All dogs and cats suspected of suffering from rabies shall be dealt
with in accordance with the regulations under "The Public Health Act"
and shall be quarantined and confined separate and apart from other dogs
and cats. If the said animal is well after the required quarantine period, it
can be release to its owner. If the animal dies within the quarantine
period, the dead animal shall be taken to a Doctor of Veterinary Medicine
for further examination. If a dog or cat has rabies, it shall be destroyed by
a Doctor of Veterinary Medicine and the diagnosis confirmed. Any dog
or cat that bites or scratches a human being shall be quarantined at the
owner's expense until a definite diagnosis of rabies can be confirmed by
the Medical Officer of Health.
(8)
COMPLAINTANT MUST IDENTIFY HIMSELF
Before any action, or legal proceeding is taken as a result of a complaint,
the complaint shall give his name and address to the Animal Control
Officer or Town designate.
(9)
ILL-TREATED ANIMALS
(a) Where there are reasonable grounds to believe that an animal is
impounded, yarded, or confined without necessary food, water, or
attention, for more than fifteen consecutive hours, or is being wantonly,
cruelly, or unnecessarily beaten, bound, tortured, ill-treated, abused or
subjected to pain or discomfort, or is unduly exposed to cold or
overcrowding either in an enclosure, or in transit; the Animal Control
Officer or Designate may by force, if necessary, open and enter into any
place in which the animal is so impounded, yarded or confined; supply
the animal with necessary food, water and attention, as long as it remains
in that place, if he deems it necessary, remove the animal; and recover
from the owner of the animal the amount of the expense necessarily
incurred by him for food and attention; and the Animal Control Officer or
Designate is not liable for any entry or removal.
(b) Where action is taken under this section by the Town, in addition to
the provisions of section (11), the owner of an ill-treated animal may be
charged with a breach of this by-law.
(10)
TEASING, ENTICING PROHIBITED
Any person found guilty of teasing, enticing, baiting, or throwing objects
at an animal confined within the owners property shall be guilty of an
offence and liable for prosecution for breach of this by-law.
(11)
IMPOUNDING
(a) A Poundkeeper shall impound any animal found running at large,
trespassing or causing damage contrary to the provisions of this by-law
and also take charge of or detain any animal delivered to him for that
purpose by the Animal Control Officer.
(b) Whenever any animal is impounded, the Poundkeeper shall detain
such animal until the owner thereof or his agent pays over and above
any claim for damages or any other charges hereunder.
(c) The Poundkeeper shall furnish daily to all animals impounded,
sufficient water, food, and shelter, and the Town shall for such care
and maintenance be paid by the owner thereof, over and above
all other fees including Poundkeeper fees and charges mentioned
herein, for each and every day or portion thereof during the time they are
impounded.
(d) The owner of any dog or cat impounded may, except during Saturday,
Sunday, holidays, or statutory holidays, redeem the same at any time
within 3 days of the impounding by paying to the Chief Administrative
Officer of the Town of Souris and/or Poundkeeper all damages, if any,
all fees, charges, expenses and penalties imposed hereunder. Further,
any person claiming or redeeming an impounded dog or cat shall
provide proof of current vaccination against rabies.
If such proof is not provided, the owner shall be required to pay the
cost of rabies vaccination, and in the case of dogs, must produce or
buy a license, before the dog may be redeemed.
(12)
REDEMPTION
(a) An Unlicensed cat and/or dog may be redeemed from the Pound
upon the owner licensing and registering the dog and/or cat for the current
year and upon the owner paying to the Poundkeeper the sum of One
Hundred Dollars ($100.00) for the first impoundment; Two Hundred
Dollars ($200.00) for the second impoundment and any impoundment
subsequent thereafter.
(b) A Licensed cat and/or dog may be redeemed from the Pound upon the
owner paying the Poundkeeper the sum of Twenty-five Dollars ($25.00)
for the first impoundment; One Hundred Dollars ($100.00) for the second
impoundment and any impoundment subsequent thereafter.
(13)
DISPOSAL OF UNREDEEMED ANIMALS
If the owner of a Dog or Cat or any other person on his behalf does not
within 3 days of such impounding excluding Saturday, Sunday, holidays,
and statutory holidays, redeem the Dog or Cat by paying the Poundkeeper
and/or the Chief Administrative Officer of the Town of Souris
all charges herein provided together with penalties and damages, if any,
the Poundkeeper shall cause such animal to be destroyed.
(14)
LICENSES
(a) The owner of every dog must annually register such dog with the
Chief Administrative Officer or his Designate and must obtain from
the Chief Administrative Officer or his Designate, a license, and for
such license shall pay the fees hereinafter set out. The name of the
person legally liable for any injury caused by the dog shall be certified
by the person taking out the license.
(b) No person shall own, keep, possess, harbor, or have in his possession
or in and around his premises, more than 2 dogs. If the owner possesses
a female dog who has had a litter of pups, the owner may keep the pups
with the female dog for a period of 90 days for the purpose of weaning the
pups and disposing of same. For the purposes of this section, not more
than 2 dogs shall be kept or harbored in or around any premises or
dwelling in the Town of Souris.
(c) No person shall own, keep, possess, harbor, or have in his possession
or in and around his premises, more than 3 cats. If the owner possesses
a female cat who has had a litter of kittens, the owner may keep the
kittens with the female cat for a period of 90 days for the purpose of
weaning the kittens and disposing of same. For the purposes of this
section, not more than 3 cats shall be kept or harbored in or around
any premises or dwelling in the Town of Souris.
(d) No license shall be required on any cat. However, the owner of
such cats must identify his cat in such a manner so that it can be
recognized as a domestic pet. All cats with no identification shall
be deemed a stray.
(15)
The license year shall commence on the 1st day of May in every year
and shall terminate on the 30th day of April, in the next year. Any dog
within the boundaries of the Town, owned or acquired on or after the
1st day of May in any year shall be forthwith registered and licensed
by the owner.
(16)
All dogs shall be presented upon request to the Chief Administrative
Officer or his designate, who, if satisfied as to type, will register the
dog and upon payment of the hereinafter fee will issue a license to
the owner.
(17)
The owner of every dog which is within the boundaries of the Town of
Souris must place on the dog a collar and affix thereto, the Licensed Tag
for the current year.
(18)
No person, except the owner of the dog, shall remove the collar or
licensed tag from any licensed dog.
(19)
ANNUAL LICENSE FEE
(a) The annual license fee for every dog shall be $10.00.
(b) Where a change of ownership of a dog licensed hereof occurs during
the license year, the new owner may have the current license transferred
to his name upon payment of a transfer fee of $5.00.
(c) A penalty of $10.00 for every dog shall be charged on every license
issued after the 30th day of April of the year in which said license is due,
unless the owner:
(i) Produces a Bill of Sale dated after the 31st day of January in
that license year, or;
(ii) Produces sufficient evidence to the Chief Administrative
Officer establishing his ownership has been acquired after the
30th day of April in that license year, or;
(iii) Produces evidence that he has resided in Souris for less than
30 days.
(e) No fee shall be charged for any dog used as a seeing eye dog, or a
dog used for wheelchaired persons, provided that the person using such
a dog produces to the satisfaction of the Chief Administrative Officer
or his Designate, sufficient proof of his disability.
Such License Fees shall be paid to the Town.
(20)
LOST LICENSE TAGS
If the Chief Administrative Officer is satisfied that the owner of any dog
has complied with the provisions of this by-law as to registration,
licensing and providing of a collar and license tag and that the said tag
has been lost or stolen he shall allow the owner to redeem the dog without
payment of a new license, but upon payment of $5.00 for a replacement
license tag.
(21) CHIEF ADMINISTRATIVE OFFICER TO KEEP RECORDS
The Chief Administrative Officer or Animal Control Office or anyone
authorized to act on their behalf shall keep a record of every animal
impounded. Such record shall show the description and particulars of
every animal impounded, the day and hour of its impounding, redemption,
or destruction, the name and address of the owner if know, the license tag
number, if any, the amount and particulars of all fees, fines, charges and
of all monies received in respect of such animal and the name and address
of the person paying same and such other particulars as the Chief
Administrative Officer shall direct.
The Chief Administrative Officer or Animal Control Officer or anyone
authorized to act on their behalf shall keep a record of all dog licenses
imposed and tags issued under the provisions of this by-law showing the
name of the owner or possessor of each dog and number of the tag issued
in respect to each dog, and shall account for monies received as dog
licenses.
(22)
AUTHORIZATION
(a) The Animal Control Officer or Police Constable, or any person
authorized by this by-law to enforce the provisions contained herein
may enter into the land surrounding any building without the consent
of an owner in pursuit of any dog which has been observed running
at large.
(b) The Animal Control Officer or any other person authorized by this
by-law may capture and impound any dog in respect of which he believes
or has reasonable grounds to believe that an offence under this by-law
is being or has been committed or any dog which is required to be
impounded pursuant to the provisions of any Statute of Canada or
of the Province of Manitoba or any regulation made thereunder.
(c) The Animal Control Officer shall be empowered to decide, based
on the provisions set down in this by-law and by using his discretion,
whether and animal has become a public nuisance.
(d) The R.C.M.P. and/or licensed Veterinary Surgeon shall be empowered
in their absolute discretion singly or together, to discharge any gun,
firearm, pellet gun or other compressed air propellant, as the case may
be, in the course of their duties of enforcing this or any other section
of this by-law.
(e) Any attempt to prevent or hinder the Animal Control Officer, the
Police Constable or anyone authorized to act on their behalf while
trying to impound any dog or cat shall constitute a breach of this by-
law.
(23)
PENALTIES
(a) Any person found tampering with the baited dog or cat cages is guilty
of an offence and the offender shall be liable to a fine of Fifty Dollars
($50.00).
(b) Any person convicted of a breach or infringement of any of the
provisions of this by-law or amendments thereto, shall pay at the
discretion of the convicting Magistrate or Judge, a fine, for each offence,
not exceeding the sum of $500.00 in addition to costs, and in the case of
non-payment of fine, to imprisonment for a term not exceeding one
month.
(24)
THAT By-law No. 1590 be hereby repealed.
DONE AND PASSED in meeting assembled at the Town of Souris,
in the Province of Manitoba, this 7th, day of May, 2007.
_____Darryl Jackson______
Mayor
____William Hildebrand___
Chief Administrative Officer
Given First Reading this 20th day of May, 2003.
Given Second Reading this 16th, day of April, 2007.
Given Third Reading this 7th, day of May, 2007.
Certified a true and correct copy of By-law No. 1780
passed by the Council for the Town of Souris at
their Regular Meeting duly assembled on May 7th, 2007.
Charlotte E. Parham, CMMA
Chief Administrative Officer