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RURAL MUNICIPALITY OF ALEXANDER
BY-LAW NO. 09/23
BEING A BY-LAW of the Rural Municipality of Alexander for establishing
regulations for the Control of Dogs, Cats and other Animals and Livestock.
WHEREAS The Animal Liability Act authorizes the Council of any municipality to
pass by-laws to prohibit and regulate the running at large or trespassing of animals and
providing for impounding them and other regulations in respect thereof.
AND WHEREAS Section 232(1) of The Municipal Act, states 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;
(b) wild and domestic animals and activities in relation to them ..."
AND WHEREAS Section 233(2) of The Municipal Act, states that "Without limiting
the generality of subsection (1), a Council may in a by-law passed under this Division
(e) subject to the regulations, permits or approvals, including any or all of the
following: (i) establishing fees, and terms for payment of fees, for inspections, permits
and approvals, including fees related to recovering the costs of regulation."
NOW THEREFORE the Council of the Rural Municipality of Alexander enacts as a
by-law the following:
1. INTERPRETATION
(1.1)
Name of By-law
The name of this by-law, for citation, is the "Animal Control By-Law".
(1.2)
Definitions
In this by-law:
(a) "aggressive dog" means a dog with a known propensity, tendency, or
disposition to attack without provocation other domestic animals or human
beings, or a dog which has bitten another domestic animal or human being
without provocation;
(b) "animal control officer" means the Animal Control Officer for the
Municipality or such other person appointed or hired by contract by the
Municipality to enforce and carry out its provisions, and includes any
assistant to the Animal Control Officer;
(c) "cat" means an animal of the feline species regardless of age or sex;
(d) "dog" means an animal of the canine species regardless of age or sex;
(e) "domestic cat" means an animal of the feline species regardless of age or
sex that resides in residence for humans without a cage;
(f) "euthanasia" means the methods described in Canadian Veterinary
Medical Association (CVMA) Guidelines on euthanasia;
(g) "household pet" means a domesticated animal or bird normally kept in a
dwelling and kept for pleasure rather than utility;
(h) "impound" means to take into custody, confine, and hold;
(i) "keep" means to own, possess, or harbour a dog, cat, or other animal;
(j) "kitten" means a member of the feline species which is less than six
months old;
(k) "other animal" means any animal except a dog or domestic cat;
(l) "puppy" means a member of the canine species which is less than six
months old;
(m) "police officer" means a peace officer or constable employed by the
Municipality or by contract with the RCMP;
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(n) "pound" means the location where the Animal Control Officer takes into
custody, confines and holds animals;
(o) "run at large", with reference to a dog, cat or any other animal, means
being elsewhere than on the property of the person who keeps the dog, cat or
other animal, or of a person who has care, custody or control of the dog, cat
or other animal, and not being under the immediate charge and control of a
responsible person.
(p) "livestock" means any animals kept for farming or other purposes
whether or not intended for profit and include among others dairy and beef
cattle, swine, sheep, goats, bison, horses, cervids, camilidae and domestic
poultry.
(1.3)
Schedules
The schedules attached to this by-law form part of this by-law.
(1.4)
Severability
A decision by a court that any part of this by-law is illegal, void, or
unenforceable severs that part from this By-law, and is not to affect the
balance of this By-law.
2.
GENERAL - HOUSEHOLD PETS
(2.1)
Maximum number of household pets
Subject to the maximums per species outlined in this by-law, respecting the
number of animals permitted per household, a person may keep:
(a) a maximum of four household pets in a one-family or two-family
dwelling.
(b) a maximum of three household pets in a multi-family dwelling.
(c) the maximums prescribed in subsections (a) and (b) above do not
include litters of puppies or kittens.
3.
CONTROL OF DOGS
(3.1)
Controlling a dog / No running at large
A person who keeps a dog, or a person who has care, custody or control of a
dog, must not permit or allow the dog to be elsewhere than on his or her
property unless it is under the immediate charge and control of a responsible
person. A person who keeps a dog must not permit or allow the dog to run at
large.
(3.2)
Leashing dogs
A person who keeps a dog must not permit or allow the dog to be on a street
or other public place unless the dog is under the immediate charge and
control of a responsible person by means of a leash that is not more than 2.5
m long or another Municipal by-law allows the dog to be off-leash under
certain circumstances.
(3.3)
Muzzling aggressive dogs
In addition to complying with section 3.2, a person who keeps an aggressive
dog must not permit or allow the dog to be on a street or other public place or
on any other property that such person does not own or control unless such
person has muzzled the dog to prevent it from biting another animal or a
person.
(3.4)
Securing aggressive dogs on private property
A person who keeps an aggressive dog must, at all times while the dog is on
property owned or controlled by such person, securely confine the dog, either
indoors or in an enclosed pen or other structure capable of preventing the
entry of young children and adequately constructed to prevent the dog from
escaping or from biting another animal or human being.
Page 3 of 13
(3.5)
Limiting number of dogs
Except for a person in possession of a kennel permit issued by the
Municipality, any one-family or two-family dwelling must not keep more
than three dogs at any time, and a multiple-family dwelling must not keep
more than two dogs at any time.
(3.6)
Confining dogs in heat
A person who keeps a female dog must confine and house the dog during the
period it is in heat.
(3.7)
Confining dogs with communicable diseases
A person who keeps a dog, and who knows or suspects that the dog has a
communicable disease, must:
(a) isolate the dog, during the period such person knows or suspects that the
dog has a communicable disease, in a manner that will prevent further spread
of the disease and in a manner prescribed at law;
(b) seek the assistance of a veterinarian; and
(c) follow the orders of such veterinarian, the Animal Control Officer, and
any government officials who have authority to issue such orders.
(3.8)
Clean-up of Excrement
(a)If a dog defecates on any property within the Municipality other than the
property of the person who owns or is in possession or control of the dog, the
person who owns or is in possession or control of the dog, shall remove such
feces immediately and in a sanitary manner.
(b) Any person who owns or is in possession or control of a dog, and
occupies property in the Municipality, shall remove any and all dog feces
from the said property on a daily basis and shall dispose of the feces in a
sanitary manner.
(3.9)
Securing dogs in vehicles
A person who keeps a dog, or a person who has care, custody or control of a
dog, must not keep the dog in a vehicle unless such person secures the dog in
a manner that prevents the dog from falling or being thrown out of the
vehicle.
(3.10) Barking or howling
A person who owns or occupies premises must not permit or allow the sound
of a barking or howling dog that a person, not on the same premises, can
easily hear and that disturbs or tends to disturb unreasonably the quiet, peace,
rest, enjoyment, comfort or convenience of such person.
(3.11) Upsetting or breaking into refuse container
A person who keeps a dog, or a person who has care, custody or control of a
dog, must not permit or allow the dog to upset or break into a refuse
container on a street or other public place.
4.
KEEPING OF DOGS
(4.1)
Giving basic care to dogs
A person who keeps a dog, or a person who has care, custody or control of a
dog, must give the dog food, water, shelter, and exercise sufficient to
maintain the dog in good health.
(4.2)
Tethering dogs
A person who keeps a dog, or a person who has care, custody or control of a
dog, must not tie or fasten a dog to a fixed object by using a choke collar or
choke chain or by tying a rope, chain, or cord directly around the dog's neck.
Any chain, leash, or similar device for animal constraint shall be designed to
prevent choking or injury to the dog, and the tethering device shall be at least
4 meters in length and placed on a swivel or chain run. The tether mentioned
in this section shall not permit the dog to be within 3 meters of a street or
roadway.
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(4.3)
Enclosing dogs
A person who keeps a dog, or a person who has care, custody or control of a
dog, must not confine the dog in an enclosure unless the air ventilation,
temperature, and size of the enclosure are sufficient to maintain the dog in
good health.
(4.4)
Dog Identification
A person must ensure that a dog bear sufficient identification to enable any
person finding the dog to contact the owner.
5.
IMPOUNDMENT OF DOGS
(5.1) Seizing dogs under this By-law
The Animal Control Officer or a police officer may seize a dog:
(a) who is on a street or other public place unlawfully including running at
large; or
(b) who has bitten or who is alleged to have bitten a human being
(c) if the Animal Control Officer has reason to believe that basic care is not
provided as referred to in section 4.1.
(d) if the Animal Control Officer finds an animal in an enclosure, unattended
where the air ventilation, temperature, and size of the enclosure is not
sufficient.
(5.2) Impounding dogs
Promptly upon receiving a dog under section 5.1, the Animal Control Officer
must impound the dog at the pound, except that, if the Animal Control
Officer believes the dog is in need of medical care, the Animal Control
Officer may take the dog to, or leave the dog with, a veterinarian.
(5.3) Detaining impounded dogs
The Animal Control Officer may detain for:
(a) 72 hours, a dog impounded under section 5.2; and
(b) 10 days, a dog who has bitten or who is alleged to have bitten a human
being and/or another animal; after the date and time of impoundment.
(5.4) Destroying dogs for humane reasons
Despite section 5.3, if the Animal Control Officer believes that an impounded
dog is suffering from injury, disease, sickness, or other cause which it is
unlikely to survive or from which it is unlikely to recover, and that destroying
the dog would be humane, the Animal Control Officer may destroy the dog
immediately.
(5.5) Caring for dogs
The Animal Control Officer, as he or she considers necessary and humane,
may maintain and care for impounded dogs including the provision of food,
water, and shelter, and may arrange for veterinary care and medication.
(5.6) Disposing of dogs
After expiry of the 72 hours referred to in section 5.3, the Animal Control
Officer may destroy, or sell by auction or private sale, an impounded dog
(5.7) Reclaiming dogs
At any time before destruction or sale of a dog under section 5.6, the person
who keeps the dog may apply to the Animal Control Officer to reclaim the
dog, and, when applying, must:
(a) give the Animal Control Officer proof of ownership by such person of the
dog;
(b) pay all outstanding charges and fees under this By-law that apply to such
dog; and
(c) pay all outstanding fines or penalties imposed on such person for breach
of this by-law.
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6.
KEEPING OF CATS
(6.1)
Giving basic care to cats
A person who keeps a cat, or a person who has care, custody or control of a
cat, must give the cat food, water, shelter, and an environment sufficient to
maintain the cat in good health.
(6.2)
Enclosing cats
A person who keeps a cat, or a person who has care, custody or control of a
cat, must not confine the cat in an enclosure unless the air ventilation,
temperature, and size of the enclosure are sufficient to maintain the cat in
good health.
(6.3)
Cat Identification
A person must ensure that a cat bear sufficient identification to enable any
person finding the cat to contact the owner.
(6.4)
Clean-up of Excrement
(a) If a cat defecates on any property within the Municipality other than the
property of the person who owns or is in possession or control of the cat, the
person who owns or is in possession or control of the cat, shall remove such
feces immediately and in a sanitary manner.
(b) Any person who owns or is in possession or control of a cat, and occupies
property in the Municipality, shall remove any and all cat feces from the said
property on a daily basis and shall dispose of the feces in a sanitary manner.
(6.5)
Spay or Neuter of a Cat
Any person who owns a cat over six months of age, shall ensure that such cat
has been spayed or neutered, as applicable.
(6.6)
Controlling a cat / No running at large
A person who keeps a cat, or a person who has care, custody or control of a
cat, must not permit or allow the cat to be elsewhere than on his or her
property unless it is under the immediate charge and control of a responsible
person. Any cat is not permitted to run at large in St. Georges.
(6.7)
Limiting number of cats
Except for a person in possession of a kennel permit issued by the
Municipality, any person in a one-family or two-family dwelling, must not
keep more than three cats at any time, and any person in a multiple-family
dwelling must not keep more than two cats at any time
7.
REGULATION OF LIVESTOCK AND OTHER ANIMALS
(7.1) Controlling Livestock / No running at large
No person shall harbor, keep, or possess livestock on their premises, unless
the use of the premises for this purpose is permitted in the Municipality's
zoning by-law.
(7.2)
No person shall permit livestock to run at large within the Municipality.
When livestock is found running at large, its Owner shall be deemed to
have permitted the livestock to run at large
(7.3) The Animal Control Officer may establish a temporary or permanent
premise for the confinement of livestock found running at large. This may
include premises where the apprehension took place, and the owner of such
a place or other such person as may be authorized shall provide care for the
livestock.
(7.4)
The Owner of the livestock shall be entitled to the return of the livestock
upon payment of the Municipality's costs incurred in apprehending and
impounding the livestock.
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(7.5)
If no person claims the livestock within ten days of the impoundment, or if
the Owner has not paid the costs and redeemed the livestock, the Animal
Control Officer may sell the livestock, the proceeds of which shall be
applied against the Municipality's costs set out in 7.4, with any remainder
sent to the owner if known.
(7.6) Controlling other animals
A person who keeps an other animal, or a person who has care, custody or
control of an other animal, must not permit or allow the other animal to be
elsewhere than on his or her property unless it is under the immediate
charge and control of a responsible person.
(7.7) Prohibition against keeping certain domestic animals
A person must not keep in the Municipality, temporarily or permanently,
any horses, donkeys, cattle, swine, sheep, goats, ducks, geese, turkeys,
roosters, pheasants, quail, or other fowl, except that this prohibition does
not apply to areas of the Municipality in which the Municipality's Zoning
By-law allows the keeping of such animals, to licensed pet shops or pet
care facilities or kennels, and except as permitted by section 7.1.
(7.8) Prohibition against keeping certain exotic or wild animals
A person must not keep in the Municipality, temporarily or permanently,
any animal listed in Schedule B to this By-law.
(7.9) Exceptions to prohibitions
The prohibitions set out in sections 7.2 and 7.3 do not apply to:
(a) a veterinary hospital under the control of a veterinarian registered as a
member of the Manitoba Veterinary Medical Association;
(b) premises operated by an institution of education for research, study, or
teaching purposes;
(c) premises operated by the RCMP; and
(d) the pound.
(7.10) Prohibition against keeping excessive numbers of certain animals
A person must not keep in any area, temporarily or permanently, at any one
time, more than:
(a) four, in aggregate, hamsters, guinea pigs, tame mice, chinchillas,
rabbits, and other small animals and reptiles including snakes, not referred
to in Schedule B; or
(b) eight, in aggregate, registered homing pigeons, canaries, budgerigars,
parrots, parakeets, and exotic birds of all species, except that a person who
has successfully obtained a Conditional Use from the Municipality to keep
an aviary in Agricultural Zoning may have a greater number of such birds
in or about the premises designated in the Conditional Use.
(7.11) Housing for animals
In addition to the other requirements of this By-law, the owner of any
animal, bird, or reptile must provide for its housing in a suitable manner,
and must maintain such housing in a clean and wholesome state appropriate
for the particular animal, bird, or reptile.
(7.12) Seizing other animals under this By-law
The Animal Control Officer or a police officer may seize an other animal
that is elsewhere than on property referred to in section 7.1, and that is not
under the immediate charge and control of a responsible person or where an
other animal is being kept by a person in contravention of this by-law.
(7.13) Impounding other animals
Promptly upon receiving an other animal under section 7.7 or 7.8, the
Animal Control Officer may impound the other animal at the pound.
(7.14) Detaining impounded other animals
The Animal Control Officer may detain an other animal impounded under
section 7.8 for 48 hours.
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(7.15) Caring for other animals
The Animal Control Officer, as he or she considers necessary and humane,
may maintain and care for impounded other animals including the provision
of food, water, and shelter, and may arrange for veterinary care and
medication.
(7.16) Destroying other animals for humane reasons
Despite section 7.14, if the Animal Control Officer believes that an
impounded other animal is suffering from injury, disease, sickness, or other
cause which it is unlikely to survive or from which it is unlikely to recover,
and that destroying the other animal would be humane, the Animal Control
Officer may destroy the other animal immediately.
(7.17) Disposing of other animals
After expiry of the 48 hour period referred to in section 7.14, the Animal
Control Officer may destroy, or sell by auction or private sale, an
impounded other animal.
(7.18) Reclaiming other animals
At any time before destruction or sale of an other animal under section
8.12, the person who keeps the other animal may apply to the Animal
Control Officer to reclaim the other animal and, when applying, must:
(a) give the Animal Control Officer proof of ownership by such person of
the other animal;
(b) pay all outstanding charges and fees under this By-law that apply to
such other animal; and
(c) pay all outstanding fines or penalties imposed on such person for breach
of this by-law.
8.
DISPOSITION SERVICES
(8.1)
Removing carcasses
If the Animal Control Officer learns that the carcass of an animal is on a
street or other public place, the Animal Control Officer may remove the
carcass.
9.
BITING INCIDENT
(9.1)
Biting incident and Impoundment
Despite any provision for the redemption of an impounded animal stated in
this by-law, an animal impounded in respect of a biting incident shall be
impounded for a minimum ten-day period and once the Owner has paid all
fees and costs associated with the seizure and impoundment set out in
Schedule A and provides information sufficient to the Animal Control
Officer of:
(a) proof of rabies vaccination;
(b) the daily charge for maintaining the dog or other animal set out in
Schedule A; and
(c) that signage has been posted on the owner's premises at the entrance area
of confinement that reads "Beware Dog Bites".
10.
EUTHANASIA
(10.1) Destroying of an animal
Any reference to the destroying of an animal will follow the Canadian
Veterinary Medical Association (CVMA) Guidelines on Euthanasia. The
principle for a humane method of killing an animal is a rapid
unconsciousness and death, with the least possible pain and distress
accompanying the procedure. The most appropriate method of euthanasia
may vary depending on the circumstances and the animal species. Euthanasia
is not desirable as a sole means of population control, but is a necessary
requirement for unwanted companion animals. Optimal methods of
euthanasia will be used. Shooting an animal is considered a humane way to
destroy an animal as it produces immediate unconsciousness prior to death.
Shooting may be the most practical and logical method of euthanasia of wild
Page 8 of 13
or free ranging animals. Gunshot will not be used for routine euthanasia of
animals in animal control situations.
11.
CHARGES AND FEES
(11.1) Charging for impoundment
A person who keeps a dog or other animal which the Animal Control Officer
has impounded under this By-law must pay to the Municipality or the Animal
Control Officer on demand and before release of the dog or other animal,
with respect to that dog or other animal:
(a) the impound fee set out in Schedule A;
(b) the daily charge for maintaining the dog or other animal set out in
Schedule A; and
(c) the costs for veterinary care and medication that may have been incurred
by the Animal Control Officer.
12.
OFFENCES AND PENALTIES AND ENFORCEMENT
(12.1) No removing impounded animals
A person must not remove, or attempt to remove, from the pound an
impounded dog, cats, or other animal except as allowed under this By-law.
(12.2) No interfering with Animal Control Officer
A person must not interfere with, resist, or otherwise obstruct the Animal
Control Officer, or other person authorized under this By-law, in the
performance of his or her duties.
(12.3) Offences under By-law
A person who:
(a) violates any provision of this By-law, or does any act or thing which
violates any provision of this By-law, or allows any other person to do any
act or thing which violates any provision of this By-law;
(b) neglects to do or refrains from doing anything required to be done by any
provision of this By-law; or
(c) allows any other person to fail to comply with an order, direction, or
notice given under any provision of this By-law; is guilty of an offence
against this By-law, and liable to the penalties imposed under this Section.
(12.4) Fine for offence
Every person who commits an offence against this By-law is punishable on a
Summary conviction in provincial court by a fine of not less than $100.00
and not more than $1,000.00 for each offence.
(12.5) Fine for continuing offence
Every person who commits an offence of a continuing nature against this By-
law is liable to a fine not exceeding $50.00 for each day such offence
continues.
(12.6) Adding of fines and charges to Municipal Taxes
The penalties and charges imposed by this by-law are a debt owing to the
Municipality jointly and severally by the owner of the property and may be
collected in any manner in which a tax may be collected or enforced under
the Municipal Act.
13.
REPEAL AND ENACTMENT
(13.1) Repeal
This by-law repeals Animal Control By-Law No. 05/17.
(13.2) Force and effect
This by-law is to come into force and take effect on the date of its enactment.
Page 9 of 13
DONE AND PASSED in Council duly assembled, in the Council Chambers, in
St. Georges, Manitoba, this 12th day of September 2023.
____________________________________
Mayor
____________________________________
Chief Administrative Officer
Read a First Time this 15th day of August A.D. 2023
Resolution: 2023 375
Read a Second Time this 12th day of September A.D. 2023
Resolution: 2023 402
Read a Third Time this 12th day of September A.D. 2023
Resolution: 2023 403
Page 10 of 13
Schedule "A" of Animal Control By-Law #09/23
Item:
Fee Associated:
Impoundment and Associated Fees
First Impoundment
For each day of impoundment add
Second Impoundment within 12 months
For each day of impoundment add
Third Impoundment within 12 Months
For each day of impoundment add
$100.00
$30.00/Day + GST
$150.00
$30.00/Day + GST
$200.00
$30.00/Day + GST
Animal Euthanasia and disposal by Animal
Control Officer
$150.00 +
Euthanasia at Veterinary Clinic
Impoundment of a biting dog or cat
For each day of impoundment add
$100.00
$30.00/Day + GST
Impoundment and Associated Fees
Livestock & Other Animals
$100.00
$30.00/Day + GST
+ Cost incurred in apprehension and Impoundment
Kennel Permit
$500.00
Page 11 of 13
Schedule "B" of Animal Control By- Law #09/23
Prohibited Animals
1. Canids including coyotes, foxes, jackals, and wolves but excluding domestic dogs.
2. Hyenas
3. Crocodilians including alligators and crocodiles
4. Ursids including bears
5. Felids including lions and tigers but excluding domestic cats
6. Reptiles and snakes classified as venomous, whether or not they have venom glands.
7. All snakes of the faiies Pythonidae and Boidae.
8. Green anaconda (Eunectes murinus), yellow anaconda (Eunectes notaeus),
reticulated python (python reticulates), African rock python (python sebae), Burmese
python (python molurus bivittatus), Indian python (python molurus molurus), or
amethyst python (morelia amethystine)
Page 12 of 13
Schedule "C" of Animal Control By-Law #09/23
Kennel Permit Application
Rural Municipality of Alexander
Name:
Address:
Phone Numbers:
Proposed location of
kennel:
Maximum number of
dogs in kennel:
Maximum number of
cats in kennel:
Description of kennel
construction including
size of enclosure for
each animal:
(Please attach diagram and or photos)
Describe location of
neighbours within
100m of your
property boundaries:
Describe provisions
taken to avoid
disturbances to the
neighbours:
Additional
information:
Signature: _______________________________ Date: _________________
Page 13 of 13
Schedule "E" of Animal Control By-Law #09/23
Notice of Inspection
Rural Municipality of Alexander
Name of Owner or
Caregiver:
Address:
Phone Number:
Location of
Premises:
Nature of Complaint:
Description of
animals hereon:
Action taken or
recommendations:
Pursuant to the Rural Municipality of Alexander Animal Control By-Law
_____, I did conduct an inspection of the conditions of and for the animals
indicated above on the said indicated premises. And further, I hereby certify
that I am a duly appointed Animal Control Officer under the By-Law.
Animal Control Officer: _________________ Phone #: _________________
Signature: __________________________ Date & Time: _______________
____ Report to Follow
____ Report left at premises
____ Impoundment
____ Require further information
____ Complaint unjustified