Rural Municipality of Dauphin, Manitoba
· adopted 2013-05-28
This is the exact embedded text of the captured official document.
Snapshot 349b58f8ca34 · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Rural Municipality of Dauphin
By-Law No. 2961
"ANIMAL CONTROL BY-LAW"
Being a By-Law to provide for the regulation and control of
animals within the limits of the Rural Municipality of Dauphin
PART I: AUTHORITY
WHEREAS subsection 232(1} ofThe Municipal Act, S.M. 1996, c. 58 (the "Act"} provides, in relevant part,
as follows:
Spheres of jurisdiction
232(1) A council may pass by-laws for municipal purposes respecting the following matters:
(a)
the safety, health, protection and well-being of people and the safety and protection of property;
(k)
wild and domestic animals and activities in relation to them, including by-laws differentiating on the
basis of sex, breed, size or weight;
(o)
the enforcement of by-laws.
AND WHEREAS subsection 232(2) of the Act provides, in relevant part, as follows:
Exercising By-Law-making powers
232(2) Without limiting the generality of subsection (1), a council may in a by-law passed under this
Division
(a)
regulate or prohibit;
(n
except where a right of appeal is already provided in this or any other
Act, provide for an appeal and the body that is to decide the appeal,
and related matters.
AND WHEREAS, subsection 236(1) of the Act provides, in relevant part, as follows:
Content of by-laws under clause 232 (1)(o)
236(1) Without limiting the generality of clause 232(1)(o)(enforcement of by-laws), a by-law passed under
that clause may include provisions:
(a)
providing for procedures, including inspections, for determining whether by-laws are being
complied with; and
(b)
remedying contravention of by-laws, including:
(i)
creating offenses,
(ii)
subject to the regulations, providing for fines and penalties, including the imposition of a
penalty for an offense that is in addition to a fine or imprisonment, so long as the penalty
relates to a fee, rate, toll, charge or cost that is associated with the conduct that gives rise
to the offense, or related to enforcing the by-law,
(iii}
providing that an amount owing under subclause (ii)may be collected in any manner in
which a tax may be collected or enforced under this Act,
(iv)
seizing, removing, impounding, confiscating and selling or otherwise disposing of plants,
animals, vehicles, or other things related to a contravention,
(v)
charging and collecting costs incurred in respect of acting under subclause (iv),
(vi)
imposing a sentence of imprisonment for not more than six months for the commission of
offenses or nonpayment of fines.
AND WHEREAS subsections 5(1), (2) and (3) of The Animal Liability Act, S.M. 1998 c. 8 provide, in
relevant part, as follows:
Animals not to run at large
5(1)
Except when permitted by a municipal by-law passed in accordance with The Municipal Act or a
by-law of a local government district passed in accordance with The Local Government Districts
Act, no owner or person in charge of an animal shall allow it to run at large.
By-Law does not limit owner's liability
5(2)
An owner's liability under section 2 is not limited or otherwise affected by a by-law referred to in
subsection (1 ).
Municipality or LGD not liable by reason only of making By-Law
5(3}
A municipality or local government district that makes a by-law referred to in subsection (1) is not
liable, by reason only of having made the by-law, for damages for any harm that an animal causes
to a person or property while running at large in the manner permitted under the by-law.
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:
31 (1}
In the event of an animal bite to a person in which a physician determines that there is a possibility
of transmission of rabies, the person bitten or any duly qualified medical practitioner or registered
nurse attending that person shall forthwith notify the medical officer of health or the animal control
officer of the 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.
AND WHEREAS it is deemed expedient to pass a By-law for the purpose of regulating and controlling
animals within the Rural Municipality of Dauphin;
NOW THEREFORE THE COUNCIL OF THE RURAL MUNICIPALITY OF DAUPHIN, IN COUNCIL
ASSEMBLED, ENACT THE FOLLOWING POLICIES AND PROCEDURES WHICH SHALL GOVERN THE
ENFORCEMENT OR ACTIONS RESPECTING THE CONTROL OF ANIMALS IN THE RURAL
MUNICIPALITY OF DAUPHIN:
PART II: DEFINITIONS AND INTERPRETATION
By-Law Name
1(1)
This By-Law may be referred to as the "Animal Control By-Law".
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.
"by-law enforcement officer" means the person authorized by the Rural Municipality of Dauphin's
ti Appointment of By-Law Enforcement Officer By-Law" to enforce the provisions of this by-law in cooperation
with, or in the absence of an animal control officer.
"Council" means the council of the Rural Municipality of Dauphin.
"dangerous animal" means any dog, 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.
"densely populated area" means Sitton, Valley River, Eclipse, Lockville, Bayduza, or any other subdivision
in the municipality that creates people living in close contact with one another.
"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 meat,
(ii)
production of other products from the animals, or
(iii)
herding, protection of livestock and breeding stock of such animals;
{b)
animals kept for the purpose of improving or preserving any species or kind of animal that
may be kept for a purpose set out in subclause (a)(i), (ii) or (iii) of this definition; and
(c)
any other animal determined by the animal control officer to be livestock for the purposes
of this By-Law; whether or not intended for profit and including, without limitation:
(d)
dairy cattle and beef cattle, goats, sheep, bison and horses;
(e)
swine (including, wild boar);
(Q
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
G)
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 Rural Municipality of Dauphin.
"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
By-Law.
"restricted animal" means:
(a)
any member of the order Primate except a human being;
(b)
any member of the order Carnivora except dogs, cats and domestic ferrets (mustela putorius furo),
but including all hybrids of dogs and cats;
(c)
any member of the order Crocodylia;
(d)
any constrictor snake, venomous snake or venomous reptile;
(e)
any venomous amphibian;
(n
any wild animal or wildlife as defined in The Wildlife Act; and
(g)
any other animal determined by the animal control officer to be a restricted animal, other than a
dog, cat or livestock.
"running at large" or "run at large" means, in relation to an animal, that the animal is not:
(a}
under the direct, continuous and effective control of a person competent to control it; or
(b}
securely confined within an enclosure or securely fastened so that it is unable to roam at will.
Interpretation
1 (3)
In all parts of this By-Law, any word importing the male gender shall include the female gender and
vice versa, and any word importing the singular shall include the plural, and vice versa, as
applicable and unless the context requires a different interpretation.
PART Ill: ESTABLISHMENT OF POUND AND APPOINTMENT OF ANIMAL CONTROL OFFICER AND
POUNDKEEPER
Establishment of Pound
2(1)
Council may establish and maintain a pound for the impoundment and care of animals
apprehended pursuant to the enforcement of any provision of this By-Law, or the Council may
enter into an agreement with any person (including with any other municipality, city, town or
organization) to establish and maintain a pound on their behalf. The costs associated with the
pound operated by or for the Municipality shall be paid out of the general funds of the Municipality.
Appointment of animal control officer
2(2)
Council may appoint by resolution one or more persons as animal control officer(s) to carry out the
enforcement of this By-Law. The animal control officer(s) so appointed may be appointed on a
temporary or permanent basis, and shall be paid out of the general funds of the Municipality.
Revoke Appointment of animal control officer
2(3)
Council may revoke, by resolution, the appointment of the Animal Control Officer under this by-law
passed at any time.
Appointment of poundkeeper
2(4)
Council may appoint by resolution one or more persons as poundkeeper(s) to carry out the duties
of the poundkeeper set out in this By-Law. The poundkeeper{s) so appointed may be appointed on
a temporary or permanent basis, and shall be paid out of the general funds of the Municipality.
Revoke Appointment of poundkeeper
2(5)
Council may revoke, by resolution, the appointment of the Poundkeeper under this by-law passed
at anytime.
Common animal control officer and poundkeeper
2(6)
At the discretion of Council, the animal control officer 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 or other designated area, any livestock running at
large within the Municipality contrary to the provisions of this By-Law and to
coordinate/obtain assistance if needed.
(b)
To report any dangerous or diseased animal to the local veterinary clinic immediately.
(c)
for purpose of investigating, taking into custody or impounding, enter onto private
property.
(d)
to apprehend and confine any dog, cat, any other domestic pet or animal which is running
at large within the Municipality contrary to the provisions of this By-Law, or which is kept
or harboured by, or in the possession or control of, any person that is in breach of this By-
law or any other laws or regulations pertaining to animals or the conditions of any permit
(including, without limitation, a kennel permit.
(e)
to apprehend and confine any restricted animal being kept or harboured by, or in the
possession or control of, any person contrary to the provisions of this By-Law, or running
at large, within the Municipality.
(ij
to ensure that any restricted animal kept or harboured within the Municipality has the
proper permit issued by the Municipality, and to apprehend and confine any such
restricted animal that does not have a permit.
(g)
to make reasonable attempt to notify the owner of every animal impounded if the identity
of the owner is known, by direct contact with the owner or by leaving a notice at the last
known address of the owner, which notice shall be in the form set out in Schedule B
hereto attached and shall state the place and time that the animal was apprehended, the
place and time when the animal can be redeemed from the pound, the impoundment fee,
any daily pound fees, permit 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 or
advertise in a newspaper that is generally distributed within the Municipality, a notice
describing the animal, the date of apprehension and the date after which the animal will
be sold, destroyed or otherwise disposed of.
(h)
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 pound keeper, as applicable, is not a
licensed veterinarian, no such tranquilizer gun shall be used without the authority of a
licensed veterinarian present at the time of use.
(i)
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 pound keeper.
(c)
To keep a record of every animal impounded, which record shall include the following
minimum information:
(i)
a description in reasonable detail of the animal (including, the approximate
weight, height and color of the animal, as well as the order and breed of the
animal);
(ii)
the day and hour of its impoundment;
(iii)
the day and hour of its redemption, sale, disposition or destruction, together with
the details of redemption, sale, disposition or destruction;
(iv)
the name and address of the owner (being the person to whom the animal was
sold or released);
{v)
the amount and particulars of al! 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 Chief Administrative Officer of the Municipality shall
direct from time to time.
(d)
To collect al! fees charged by the pound, and to remit all monies received by the pound to
the Chief Administrative Officer of the Municipality, together with such reports and
statements as the said Chief Administrative Officer 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 impoundment but shall exclude
Sundays and any statutory holidays during which the pound is closed to the
public, or
(ii)
where the Municipality has entered into a contract with a private party for the
operation of the pound, the minimum
hold period established under the poundkeeper's contract with the Municipality.
(ij
To make suitable arrangements for the temporary impoundment and sale, disposition or
destruction of any animal other than a dog, cat or domestic pet that is apprehended within
the Municipality, including any restricted animal or wild animal within the meaning of The
Wildlife Act.
(g)
If, after expiration of the minimum period of impoundment set out in paragraph (e), a dog,
cat or other domestic pet has not been redeemed, it will be the duty of the 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 fees accrued in respect of the impounded
animal as set forth in this By-Law, unless such fees are otherwise waived by the
Municipality or by the pound keeper on the express authority of the Municipality;.
or
(ii)
cause the impounded animal to be humanely destroyed; unless the Municipality,
or the pound keeper on the express authority of the Municipality, agrees to or
directs an extended period of impoundment, in which case the impounded animal
will be held until the earlier of the date that it is sold or otherwise disposed of to a
person in accordance with sub-paragraph (g)(h) or until expiry of the extended
period of impoundment, before it is humanely destroyed.
(h}
The Municipality may vary the terms, conditions and duties of the poundkeeper by
contract with a private party, provided however that the contract shall contain (and where
absent in the contract, shall be deemed to incorporate) as minimum provisions, the duties
of the poundkeeper set out in paragraphs (a), (b) and (c) above, and further provided that
the provisions in paragraphs (d), (e), (ij and (g) above shall continue to apply except to
the extent that they are specifically modified by the contract. Where the poundkeeper is a
private party under contract with the Municipality, the poundkeeper shall observe all of the
terms and conditions of the contract with the Municipality. Where it is permitted under the
contract with the Municipality, the poundkeeper may, at its sole cost and expense, keep
an impounded animal for longer than the minimum hold period, and may sell or otherwise
dispose of the impounded animal for an amount less than the applicable pound and fees,
provided however that the poundkeeper shall remain responsible to the Municipality for all
amounts due to the Municipality under its contract with the poundkeeper.
PART IV: DOGS AND OTHER DOMESTIC PETS
Housing Permits
5( 1)
Any person who wishes to keep, harbour, possess or control four or five dogs, regardless of
whether for profit or pleasure, shall apply in writing to the Municipal Office for a Housing Permit.
The application (Schedule D) must be accompanied by the application and permit fees as set out in
Schedule A hereto attached. This permit will be given out at the Municipal Office; no hearing will be
required. Any person, who keeps, harbours, possesses or controls a number of dogs in excess of
three dogs without the valid Housing Permit shall have committed an offense under this By-Law.
Kennel Permits
5(2)
Any person who wishes to keep, harbour, possess or control six or more dogs, regardless of
whether for profit or pleasure, shall apply in writing to the Council for a Kennel Permit. The
application (Schedule D) must be accompanied by the application and permit fees as set out in
Schedule A hereto attached. Any person, who keeps, harbours, possesses or controls a number of
dogs in excess of the maximum number prescribed in section 10 hereof without the valid Kennel
Permit shall have committed an offense under this By-Law.
5(3)
Council shall set a date to review any such application for a Kennel Permit at a regularly scheduled
Council meeting not less than thirty (30) days following receipt of the completed application form,
the application fee and permit fee for the first year. Council shall notify the applicant and shall make
reasonable attempts to notify all property owners within a one mile radius of the premises upon
which the proposed kennel will be located (328 feet within a densely populated area), of the
application and the date of the hearing in respect of the application.
5(4)
In determining whether or not to grant a Kennel Permit to an applicant, Council shall consider all
relevant factors, including the following factors:
(a)
the proposed maximum number of dogs to be kept on the premises;
(b}
the intended purpose for keeping the dogs on the premises;
(c)
the steps which have been taken to ensure that the dogs will be adequately and safely
housed;
(d)
the steps which have been taken to ensure that disturbances to neighbours from
excessive noise, odour, waste disposal, traffic and any other potential nuisances are
avoided;
(e)
any inspection report from the animal control officer or the poundkeeper as may be
requested by the Council;
(n
any inspection report from the public health authorities or any other authorities as may be
requested by the Council;
{g)
any representatives made by the owner or on behalf of the owner either in writing or at the
meeting of council where the application for a Kennel Permit will be heard; and
(h)
any representations made by neighbours of the owner or any other interested party,
whether in writing or by oral submission at the meeting of Council at which the application
for a Kennel Permit is heard.
5(5)
A Kennel Permit issued to an applicant shall be valid for a period of one year from the date of
issuance. A permit-holder who wishes to renew a kennel permit shall no later than thirty {30) days
prior to the expiry date submit an application for renewal to the Council on a form approved by
Council and accompanied by the annual permit fee as set out in Schedule A. Council shall review
such renewal application, and may, but shall not be required to, notify adjacent property owners of
the renewal application unless such renewal application materially differs from the prior year's
application submitted by the permit-holder or unless a written objection is made to Council, in
which case all adjacent property owners shall be notified.
5(6)
Prior to revoking, suspending, refusing to renew, or imposing conditions upon, an issued and
outstanding Kennel Permit, the Council shall notify the holder of the Kennel Permit and shall
provide the said holder with the opportunity to make representations to Council at a meeting of
Council.
5(7)
Council may refuse to issue a Kennel Permit or may revoke or refuse to renew an existing Kennel
Permit or may modify the conditions which apply to an existing Kennel Permit or may suspend an
existing Kennel Permit at any time upon finding that:
·
(a)
a neighbour or any other party is exposed to a nuisance created by the operation or
maintenance of the kennel, including, without limitation, excessive noise, noxious odour or
excessive traffic;
(b)
this By-Law or any other law, regulation or rule pertaining to animal care or environment
matters, or any condition pertaining to the Kennel Permit, have been or are being
contravened, including, without limitation;
(c)
the premises are not maintained in a condition such that animal escapes are prevented;
{d)
the holder of the Kennel Permit has breached the duties of an owner of animals under
The Animal Care Act (Manitoba) (whether or not he actually owns all of the animals in his
care), including, without limitation, where the conditions in the kennel are unsafe or
unsanitary for the animals;
{e)
any inspection report from the public health authorities indicating that a lack of
cleanliness or sanitation in the kennel or the surrounding premises presents a human
health risk;
(f)
the premises are not licensed under The Animal Care Act (Manitoba}, and are required to
be so licensed under the said Act; or
(g)
it is not in the public interest to allow the kennel or proposed kennel to operate, or to
continue to operate, as currently operated within the Municipality.
5(8}
Upon refusal to grant or renew a Kennel Permit, or upon prescribing the conditions of a kennel
permit or modifying the conditions of a Kennel Permit or suspending an owner's Kennel Permit, the
owner shall be notified of the decision of Council by registered mail. In the event that the owner's
application for a new or renewed Kennel Permit is denied, or the conditions of the owner's existing
Kennel Permit are modified such that the owner keeps, harbours or has possession or control over
a number of dogs that exceeds the prescribed limit in this By-Law or in the Kennel Permit, as
applicable, the owner shall have thirty (30) days to dispose of the dogs over and above the
applicable prescribed limit or to make such other modifications as may be required by order of the
Council.
5(9}
The animal control officer shall inspect the premises as soon as reasonably possible after thirty
(30) days set out in subsection 5(8) hereof has elapsed to ensure compliance with the order of the
Council and the conditions imposed on the existing Kennel Permit, if any. If the owner has failed to
comply with any such order or conditions, the animal control officer shall take all such lawful steps
as may be required, in his discretion, to bring the owner into compliance with this By-Law and any
such order or conditions, including, without limitation, apprehending and impounding any dogs in
excess of the applicable prescribed limit to be dealt with in accordance with the duties of the
poundkeeper in section 4, except that the owner shall not be entitled to redeem the dogs
apprehended if, to allow such a redemption, would again result in a contravention of the provisions
of this section 5.
5( 10)
The Owner may appeal the apprehension and/or impoundment of any dogs under subsection 5(8}
to the Council by notice of appeal in writing delivered to the Chief Administrative Officer of the
Municipality within three (3) days of the apprehension {excluding Sundays and statutory holidays
during which the pound is closed to the public). This appeal shall be heard by Council at the next
regularly scheduled Council Meeting. The decision of Council is final. If the decision of Council is to
deny return of the impounded dogs to the owner, the poundkeeper shall arrange forthwith to sell or
otherwise dispose of the said dogs or to humanely destroy the said dogs. If the decision of Council
is to reverse the apprehension and impoundment, the owner shall, subject to payment by the
owner of all costs associated with the apprehension and impoundment of the said dogs and any
licensing and permit fees properly charged to the owner under this By-Law, recover the said
animals.
5(11)
The Council, or the animal control officer on their behalf, may request in writing that the premises
of the applicant or permit-holder be inspected by the animal control officer or such other person as
may be designated by Council or the animal control officer, at any time upon reasonable notice,
and the owner shall comply with any such request. The failure by an owner to comply with such a
request shall constitute an offense under this By-Law and is grounds for refusing to grant or renew
a Kennel Permit or for revoking, suspending or placing conditions upon an existing Kennel Permit.
5( 12)
Nothing in this By-Law shall be construed as obviating or overriding any requirement under the
laws of the Province of Manitoba to obtain a license or licenses from the Government of Manitoba,
and to comply with provincial licensing requirements, in order to carry on business as a boarding
kennel or a commercial breeder of dogs, cats or any other animals.
5( 13)
The above permits shall be valid only during the time that the owner has the number of animals on
the property that requires a permit. If operation changes or discontinues for a period of sixty (60)
consecutive days or more a new Permit must be applied for.
Responsibility of Owners Regarding Dogs
6(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 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.
(n
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.
(g)
permit his dog to disturb or annoy any person or persons anywhere by pursuing, biting,
wounding or worrying any person or animal, whether or not on the property of the owner.
(h)
permit his dog on any school ground or playground.
(i)
permit his dog on public property unless the dog and is in the actual custody and effective
control of the owner or a person competent to control it.
(j)
permit his dog to upset waste receptacles or otherwise litter.
(k)
it is the responsibility of the dog owner to have the animal vaccinated against rabies.
6(2)
An owner of a registered guide dog that is visually impaired or any other person who requires the
assistance of a registered guide dog shall not be subject to the restrictions imposed under
subsections 6(1)(c), m, (h) and (i).
Redemption
7.
The owner of any dog impounded by the animal control officer may be redeemed within three (3)
days of the apprehension and impoundment, or for a period otherwise stated in separate
agreement with an Animal Control Officer, by applying to the poundkeeper for redemption and
paying:
(a)
(b)
(c)
(d)
the impoundment fee as set out in Schedule A;
the pound fee calculated in accordance with Schedule A;
all fees as charged in accordance with a separate agreement with an Animal Control
Officer.
all outstanding fines, damages or costs relating to the impounded animal.
Restrictions on Domestic Pets
8( 1}
An owner of a domestic pet other than a dog or cat shall not allow the domestic pet outside of the
owner's premises unless the domestic pet is 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 unless such person has been issued a permit by the Municipality under section 16 of
this By-Law, and also holds all other government licenses as may be required, to keep or harbour
the animal within the Municipality.
Dogs
9(1)
Subject to subsection 9(2) and the provisions of section 6, the owner of a dog shall not permit the
dog to be outside of the owner's premises unless:
(a)
the dog is under the immediate charge and effective control of person competent to
control it.
9(2}
A female dog in heat shall be confined to the premises of the owner or a person having control of
the dog, or shall be housed in a licensed kennel, for the period of time that the dog is in heat. The
said dog's confinement shall be in such a 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.
Maximum Number of Dogs
10(1)
No person shall own, harbour, keep or have in his possession or control or on his premises, more
than three (3} dogs over the age of four (4} months, regardless of the number of people who may
be inhabiting the premises, unless such person holds a valid Housing Permit for up to five (5) dogs
or a valid Kennel Permit for six (6) or more dogs.
PART V: DANGEROUS ANIMALS
Animal Bites
11 ( 1)
The animal control officer:
(a)
shall apprehend, impound and place in quarantine any animal that he has reason to
believe has bitten a person, livestock, or pet; if, in his discretion, such action in respect of
the animal is necessary for the protection of the public;(in either case, the "aggressor
animal"), whether on private premises or elsewhere, and whether or not the skin was
directly punctured or lacerated by the bite, except that this provision shall not apply to a
police service dog owned by a public law enforcement agency while on duty and under
the control of a qualified dog handler.
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 personal residence of the owner for the purpose of
apprehending and impounding the aggressor animal.
11 (3)
Any aggressor animal so apprehended and impounded at the pound shall, subject to subsection
11 (9) herein, be quarantined for a minimum of ten (10) days at the owner's expense, commencing
from the date of impoundment (the "quarantine period").
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 period.
11 (5)
Subject to a determination by the animal control officer pursuant to subsection 11 (8) hereof that the
aggressor animal is not a dangerous animal, the aggressor animal may be released to the owner
after expiry of the prescribed quarantine period upon payment by the owner to the poundkeeper of
a pound fee calculated at the daily rate set out in Schedule A hereto attached together with any
costs or fines assessed against the owner hereunder. In the event that the owner fails to redeem
the aggressor animal from the pound within three (3) days after expiry of the quarantine period, the
aggressor animal shall be sold, or otherwise disposed of, or destroyed at the discretion of the
poundkeeper.
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 veterinarian approved by the animal
control officer prior to release from quarantine. The determination as to whether or not the
aggressor animal can be released from quarantine or must be destroyed or otherwise disposed of,
shall be at the discretion of the animal control officer based upon the following factors:
(a)
the medical report of the licensed veterinarian who has examined the aggressor animal;
(b)
whether or not the public health authorities are prepared to consent to the release of the
aggressor animal;
(c)
the severity of the bite incident, the circumstances surrounding the incident and the
consequences of the incident;
(d)
whether or not the aggressor animal is, in the opinion of the animal control officer, a
dangerous animal and, if yes, whether or not the provisions of section 13 hereof have
been complied with;
(e)
whether or not the aggressor animal is a restricted animal, and if yes, whether or not the
provisions of Part VII hereof have been complied with by the owner; and
(n
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 an aggressor animal prior to the expiry of the quarantine period
and to impose conditions upon the release of an aggressor animal from quarantine, which
conditions may include, without limiting the generality of the foregoing:
(a)
the owner shall take the necessary measures to ensure that the aggressor animal is
confined to the owner's premises in such a manner as to prevent escapes, and to ensure
that all direct contact with other animals and persons other than the owner is avoided;
(b)
the owner shall post in a conspicuous location at the entrance of the premises where the
aggressor animal is confined, a sign which reads "Beware of Dangerous <type of
aggressor animal>";
(c)
the owner shall submit the aggressor animal for veterinary examination from time to time
as may be prescribed by the animal control officer, and shall report the results of any such
veterinary examination to the animal control officer;
(d)
the owner shall take out and pay for such liability insurance on the aggressor animal as
may be prescribed by the animal control officer;
(e)
the owner shall be responsible for all costs, fines and damages associated with the
aggressor animal, including the costs of impoundment, quarantine, signage and veterinary
fees, pound fees and license fees, and any costs associated with liability to the victim or
victims of the bite incident;
(n
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 an animal, including but not limited to
an aggressor animal under section 11, is a dangerous animal, he shall arrange a hearing before
Council at a regularly scheduled meeting of Council to determine whether or not the said animal
should be declared a dangerous animal. In the event that an owner voluntarily accepts the
dangerous animal declaration and the recommended disposition of the matter made by the animal
control officer, a hearing before Council may be dispensed with, and the recommended disposition
of the matter shall constitute a final order in respect of which there is no appeal.
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; or
(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 of the animal at least ten ( 10) days
in advance of the hearing by serving notice upon the owner or by mailing the notice by registered
mail to the last known address of the owner. The notice shall include the following minimum
information:
(a)
the time, place and purpose of the hearing;
(b)
a summary of the reasons in support of the allegation that the animal is dangerous;
( c)
a copy of this section 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 further 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; or
(ii)
the animal has seriously injured or killed any other domestic animal or any
livestock without provocation; or
(iii)
the animal is used primarily for the purpose of guarding property and is not a
police service dog owned by a public law enforcement agency.
(b)
The Council may make an order declaring the animal to be a dangerous animal if, in their
opinion, there is a material risk that the animal may cause damage or injury to person or
property or any other animal, taking the following non-exhaustive factors into account:
(i)
whether the animal has worried, bitten, wounded or injured any person or animal,
or is otherwise an aggressor animal;
(ii}
the circumstances surrounding any previous worrying, biting or wounding
incidents; and
(iii)
whether the animal, when unprovoked, has shown a tendency to pursue, chase
or approach in a menacing fashion, any person or any other animal upon any
public or private property.
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)
Every owner who has received notification from Council pursuant to subsection 12(3} that a
determination hearing will be held with respect to his animal, shall ensure that the animal remains
confined upon the premises of the owner pending the final outcome of the hearing.
12(9)
Subsection 12(8) 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 subject to appeal.
13(2)
Every owner of an animal that has been declared to be dangerous and in respect of which Council
has decided to release the dangerous animal to its owner, shall:
13(3)
(a)
obtain a dangerous animal permit for the dangerous animal and pay the required fee as
(b)
(c)
(d)
(e)
(g)
(h)
(i)
U)
set out in Schedule A hereto attached.
cause the dangerous animal to be tattooed upon the ear with clearly identifiable
information as set out by the Council and provide a copy of such information to the
pound keeper.
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 made of wood or chain link and is a minimum of six (6) feet high;
(ii)
is capable of preventing the entry of your children and the escape of the
(iii)
dangerous animal;
has minimum dimensions suitable for the size of the dangerous animal, as
prescribed by the animal control officer;
(iv)
has secure sides; and
(v)
provides protection from the elements for the dangerous animal.
in the event that the dangerous animal is a dog, permit the dog upon public property only
if:
(i)
(ii)
{iii)
it is muzzled;
it is restrained by a chain or leash not exceeding six (6) feet in length, fully
extended; and
the dog is at all times under the effective control of a person competent to control
it.
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.
display in a conspicuous location at each entrance to the premises upon which the
dangerous animal is kept, a sign stating : WARNING: BEWARE OF DANGEROUS
<insert type of animal>. The sign shall be posted in such a manner that it cannot be
removed easily by a passerby and will be visible and capable of being read from outside
of the premises.
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.
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.
maintain in force to the satisfaction of the Chief Administrative Officer of the Municipality a
comprehensive liability insurance policy, including coverage for damage or injury caused
by the dangerous animal, with a minimum limit of liability of $500,000.00 per occurrence.
such other condition as may be prescribed by order of the Council, including, without
limitation, any of the conditions set out in subsection 11 (9) hereof.
No person shall deface or remove a sign posted pursuant to subsection 13(2)(~ 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 Chief Administrative Officer of the
Municipality, in which case Council shall hold a hearing at a regularly scheduled meeting of Council
as to whether or not the animal should be destroyed, which hearing shall be carried out in
accordance with the provisions of section 13 hereof. The animal shall remain quarantined 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 otherwise permitted by the Municipality's zoning by-law in effect from time to
time. If so permitted, Council may specify the number and kind of livestock which may be kept on
any such premises within the Municipality, and it shall be an offense under this By-Law to keep any
livestock in excess of the prescribed number and kind.
15(2)
An owner shall not permit his livestock to run at large within the Municipality. When livestock is
found running at large, its owner shall be deemed to have refused or failed to comply with this By-
law.
15(3)
Council, or the animal control officer on the authority of Council, may establish from time to time a
temporary or permanent premises for the confinement of livestock apprehended pursuant to the
provisions of this By-Law. This may include the premises where the apprehension took place, and
the owner of such premises or any other such person as may be authorized by Council, shall
provide care for the impounded animals at a rate of remuneration to be fixed from time to time by
the Council. The Chief Administrative Officer of the Municipality may authorize the establishment of
a temporary pound, which temporary pound shall be ratified at the next regularly scheduled Council
meeting.
15(4)
When livestock is impounded and the owner is unknown, the animal control officer shall publish
notice of the impoundment in a newspaper that is generally distributed within the Municipality as
well as post a notice at the office of the Municipality. This notice shall describe the livestock so
impounded, including any identifying tags, marks or brands, the day of impoundment, along with
the location within the Municipality where the livestock were found running at large.
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 by Registered or Certified
Mail.
15{6)
The owner of the livestock shall not be entitled to the return of the livestock until the actual costs
incurred by the Municipality in apprehending and impounding the livestock, together with the costs
of caring for the livestock and any fines imposed pursuant to this By-Law, have been paid in full.
15(7)
If no person claims the livestock within ten { 1 0} days of the date of the notice of impoundment, or if
the owner has not paid the costs and fines referred to in subsection 15(6), the animal control officer
may sell or otherwise dispose of the livestock without further notice to the owner, the proceeds of
which shall be paid to the general funds of the Municipality.
15{8)
If there are not sufficient funds, realized from the sale of animals to pay all costs, and fines,
referred to in subsection 15{6}, any such shortage shall be charged against any real property
owned by the owner of the animals located within the boundaries of the Municipality, and collected
as real property taxes in the usual manner.
15(9)
In the event that the owner of the animals do not own real property within the boundaries of the
Municipality, the Municipality may recover all costs and fines as a debt through any court of
competent jurisdiction.
15( 10)
In the event of there being a surplus of funds from the sale of the animals after payment of all costs
and fines, as set forth by this by-law, such surplus of funds shall be held in a special account by the
Municipality, for 6 months from the date of sale. If the owner of the animals sold does not claim the
surplus of funds within 6 months from the date of sale, then such surplus funds shall be paid in to
the general funds of the Municipality.
PART VII: RESTRICTED ANIMALS
Prohibition on restricted animals
16(1)
Except as may be permitted by the Municipality's zoning by-law in effect from time to time, no
person shall keep, harbour, possess or control any restricted animals within the Municipality
without a permit issued by Council.
Application for permission to keep or harbour a restricted animal
16{2)
Upon receipt of an application from any person to keep a restricted animal, Council shall comply
with the notice and hearing requirements applicable to variation and conditional use applications as
set out in subsection 57(4) of The Planning Act {Manitoba). Provided however, that applications
from the owner or operator of a travelling show to keep a restricted animal in the Municipality on a
temporary basis may be considered by the Chief Administrative Officer without compliance with the
notice and hearing requirements aforesaid. Council (or the Chief Administrative Officer, in the case
of an application for a permit on a temporary basis) shall decide based on the application and any
written or oral submissions of the applicant, whether or not to grant a permit to the applicant to
keep or harbour the restricted animal within the Municipality and shall advise the applicant in
writing of their decision. Council or the Chief Administrative Officer, as the case may be, may
impose conditions upon a permit to keep or harbour a restricted animal and any violation of such
conditions by the owner shall invalidate the permit provided by Council and shall constitute an
offence under this By-Law.
Temporary impoundment
16(3)
If deemed necessary in the interests of public safety, the animal control officer may apprehend and
impound any restricted animal pending the outcome of any hearing to decide an application made
pursuant to subsection 16(2) hereof.
Inventory of restricted animals
16(4}
Any owner who has been granted permission by Council to keep one or more restricted animals
within the Municipality shall, on an annual basis and on the form prescribed by Council from time to
time for this purpose, provide Council with an inventory of the restricted animals kept by the owner
within the Municipality, together with the annual permit fee.
16(5}
Council may at any time and from time to time change the conditions that an owner must satisfy in
order to keep a restricted animal, and any failure to comply with any such condition upon notice
thereof shall invalidate the owner's permit to keep the restricted animal within the Municipality.
16(6}
(a)
Any person who keeps, harbours or has possession or control of a restricted animal in the
Municipality on or before the time that this By-Law comes into force or effect, shall have
thirty (30} days from the coming into effect of this By-Law to obtain a permit from Council
to continue to keep the restricted animal, failing which the owner shall sell or give the
restricted animal to a person outside of the Municipality or shall otherwise dispose of the
restricted animal in a manner which ensures that the restricted animal is no longer within
the Municipality. Any such sale, gift or disposition shall be in accordance with all laws,
rules and regulations which may pertain to the sale or disposition of restricted animals,
and the Municipality accepts no responsibility for the manner of sale or disposition.
(b}
Council may grant such longer period of time to an owner of a restricted animal who falls
within subsection 16(6}(a) hereof as may be necessary to allow Council adequate time to
consider and decide the owner's application to retain the restricted animal within the
Municipality.
Order to dispose of restricted animal
16(7)
Where the animal control officer has reasonable grounds to believe that a person is keeping or
harbouring, or has possession or control of, a restricted animal within the Municipality without the
written permission of Council, the animal control office shall serve the person with an order in
writing to dispose of the restricted animal within fourteen (14} days of receipt of the order or such
shorter period of time as the circumstances may require and the order may provide, in which case
the owner shall sell, give away or otherwise dispose of the restricted animal in accordance with
subsection 16(6)(a) and any conditions imposed in the order of the animal control officer. Provided
however, that if the owner has not already applied and been denied a permit to keep or harbour the
restricted animal, the owner may make such an application in accordance with subsection 16(2} ,
and the order of the animal control officer shall be suspended pending the decision of Council.
16(8)
The onus shall be on the person upon which an order pursuant to subsection 16(7) has been
served to establish either that:
(a)
the animal is not a restricted animal; or
(b)
the person has a permit from Council to keep or harbour the restricted animal.
16(9)
Where the person has failed to establish either that the animal is not a restricted animal or that he
has a permit from Council to keep or harbour the restricted animal, and the person has failed or
refused to dispose of the restricted animal within the time frame contemplated by the order of the
animal control officer, the animal control officer may seek an order or warrant from a provincial
court judge, magistrate or justice of the peace, as required, to enter upon the land and premises of
that person for the purpose of removing and disposing of the restricted animal. The animal control
officer may engage the assistance of other persons if required to safely apprehend the restricted
animal.
16(10) Upon apprehension and impoundment of a restricted animal, and provided that:
(a}
a written order was duly served on the owner as required by subsection 16(7); and
(b}
if an application for the written permission of Council to retain the restricted animal has
been heard and denied by Council;
Council may proceed to order the animal destroyed or sold, and the animal control officer shall
carry out the order of Council. The owner shall be liable for all costs associated with apprehension,
impoundment and destruction or sale of the restricted animal. If the proceeds of sale exceed any
such costs and any fines imposed upon the owner for breach of this By-Law, then the Municipality
shall refund the excess proceeds to the owner.
PART VIII: GENERAL PROVISIONS
Offenses under this By-Law
17(1)
For greater certainty and without limiting any provisions of this By-Law, the following shall
constitute offenses under this By-Law:
{a)
Allowing or failing to prevent a dog or any other animal from running at large;
(b)
Keeping or harbouring dogs in excess of the maximum number permitted by this By-Law
without a properly issued Housing Permit or Kennel Permit contrary to section 10 of this
By-Law;
(c)
Failure by a permit holder to comply with the conditions imposed upon a validly issued
Housing Permit or Kennel Permit;
(d)
Failing to comply with an order of the animal control officer to dispose of any dogs in
excess of the prescribed limit made under section 5 of this By-Law;
( e)
Failure by the owner of a dog to comply with any one or more of the provisions of section
6 or section 9 of this By-Law;
{f)
Failing to report a bite incident or failing to voluntarily surrender any animal believed to
have bitten a person to the animal control officer or poundkeeper;
(g)
Failing to voluntarily surrender an animal to the animal control officer upon a request
therefor;
(h)
Failure by an owner to discharge the duties of an owner as set out in subsection 2(1) of
The Animal Care Act (Manitoba);
(i)
Failing to properly vaccinate a dog against rabies;
(j)
Failing to comply with the requirements of subsection 8(1) of this By-Law in relation to any
domestic pet;
(k)
Failing to comply with any requirements of Part V of this By-Law in relation to an
aggressor animal or a dangerous animal;
(l)
Defacing or removing a sign required to be posted under subsection 11 (9)(b) or
subsection 13(2){ij of this By-Law;
(m)
Failing to comply with any of the requirements of Part VI of this By-Law in relation to
livestock;
(n)
Failing to comply with any of the requirements of Part VII of this By-Law in relation to any
restricted animals.
Enforcement
Evidence Supporting Enforcement
17(2)
The Animal Control Officer or any other person appointed by the Municipality to enforce the
provisions of this by-law, or any other law shall have the right to:
(a)
provide supporting evidence (pictures, signed affidavit of neighbouring ratepayers, etc.} as
an alternative, due to the inability to impound animals in contravention of this by-law,
which would provide sufficient evidence to implement the penalties as outlined in Section
22 of this by-law.
Interference With Enforcement
17(3)
It shall be an offense under this By-Law for a person to interfere or obstruct any attempt by the
animal control officer, poundkeeper or the Council from carrying out its duties and obligations
hereunder. Without limiting the generality of the foregoing, no person shall interfere or obstruct or
attempt to interfere or obstruct an animal control officer, the 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(4)
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
18( 1)
Any resident of the Municipality may apprehend and confine an animal which is running at large on
his property, provided that he shall immediately thereafter inform the animal control officer,
pound keeper any Member of Council or the Municipal Office 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
19(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, any permit issued
pursuant to this By-Law) or to otherwise enforce the provisions of this By-Law, but shall not enter
the personal residence of any individual without the consent of the owner or occupant of the
personal residence or a valid warrant or order from a provincial court judge, magistrate or justice of
the peace, as required to permit such entry.
19(2)
The owner of any animal that has bitten any person or any other animal shall present the said
animal to the door of his dwelling upon the request of the animal control officer, to assist the animal
control officer to apprehend and impound the said animal.
Complainant Identification
20( 1)
Any person who makes a complaint alleging an offense under this By-Law against another person
shall provide to the animal control officer his name, address and telephone number, which will
remain confidential unless an authorized release is obtained from the complainant.
Liability
21 (1)
No liability shall attach to the animal control officer, the poundkeeper, any person assisting in the
confinement/capture of animals, the Council and/or the Municipality in carrying out their respective
duties under this By-Law in good faith. Without limiting the generality of the foregoing, no liability
shall attach to the animal control officer, the poundkeeper, any person assisting in the
confinement/capture of animals, the Council and/or the Municipality for any animal destroyed, sold
or otherwise disposed of pursuant to the provisions of this By-Law or killed or injured during the
course of its apprehension or impoundment.
Penalties
22(1}
Without limiting the penalties for specific offenses set out in subsections 22(2) and (3) hereof, any
person who contravenes any provision of this By-Law is guilty of an offense and is liable:
(a)
A verbal or written warning by personal service or registered mail, for
the first offense;
(b)
A $50.00 fine and written warning by personal service or registered mail, for the second
offence
(c)
to a fine of $500.00 for the third offense and for each subsequent
offense within twelve (12) months of the first offense;
22(2)
Any animal that is impounded three or more times within any 12-month period while owned by the
same owner, shall be sold or disposed of to a new owner or shall be destroyed.
22(3)
Any person who unlawfully enters any pound or unlawfully removes any animal impounded, is
guilty of an offense and is liable:
(a)
to a fine of $500.00;
22( 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.
22(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
neglect continues.
22(6)
Where any penalty, fine or permit fee under this By-Law is not paid, it may be collected by the
Municipality in the same manner as a tax may be collected or enforced under The Municipal Act
and the Municipality's current Fees and Charges By-Law.
Non-conformities
23
The enactment of this Animal Control By-Law does not apply to situations that were in existence
prior to the coming into force of the By-Law, except Restricted Animals (see section 16(6)). Any
non-conforming situation, other than Restricted Animals, may continue, but if that use changes or
is discontinued for a period of sixty (60) consecutive days or more, any future use shall conform to
the provisions of this By-Law.
Repeals
24
By-Law No.2902 of the Rural Municipality of Dauphin be hereby repealed.
Done and passed by by-law of the Rural Municipality of Dauphin, in Council assembled at Dauphin in the
Province of Manitoba this 28th, day of May, 2013.
Laura Murray
Ir
Chief Administrative Officer
Read the first time this 14th, day of May, 2013.
Read a second time this 28th day of May, 2013.
Read a third time this 28th, day of May, 2013.
For:
Dennis Forbes
Wayne Telfer
Boris Miohaleski
Jack Bremner
Ron W. Hrehirohuk
Dennis Tokar
JohnDeWarle
Against:
Abstained:
Absent:
Permit Fees
SCHEDULE A - By-Law No. 2961
PERMIT FEES, PENAL TIES AND IMPOUNDMENT FEES
FOR THE RURAL MUNICIPALITY OF DAUPHIN
Housing Permit
$25.00
Kennel Permit
$100.00 plus hearing costs
(where allowed within !he R.M. of Dauphin Zoning By-Law) (If a Conditional Use Pennit or Zoning Amendment is required additional fees will apply)
Kennel Permit Annual Inspection Fee
$25.00
Dangerous Animal Permit
$200.00
Restricted Animal Permit
$250.00
Penalties and impoundment Fees
DOGS:
lmpoundment fees for dogs that were apprehended running at large or that were for any other reason
impounded:
- Fees established by contract/agreement with Animal Control Officer
- See attached Contract
LIVESTOCK:
lmpoundment fees for Livestock that was apprehended running at large or that was for any other reason
impounded:
- First Day per animal
- Each day thereafter (Feed & Water) per animal
$ 50.00
$ 2.00
$ 50.00
Trailer Fees
Mileage
(current rate paid to council and staff)
* The first day per animal impoundment fee (as listed above) may only be charged once, regardless of
whether and Animal Control Officer or a Resident apprehended the animal at large which ever originally
contained the animal upon contravention.
Dogs and Livestock apprehended are subject to lmpoundment and Fine
(See Section 22.)
SCHEDULE B - By-Law No. 2961
NOTICE OF IMPOUNDMENT
FOR THE RURAL MUNICIPALITY OF DAUPHIN
Owner: ______________________ _
(Name and Address of Owner of animal)
Description of Animal: ___________________ _
Date of Apprehension: ___________________ _
Time of Apprehension: ___________________ _
Location Animal Apprehended: ________________ _
Place of lmpoundment: ___________________ _
Hours of Operation of Pound: _________________ _
Phone No. of Pound: --------------------
D a ii y Pound Fee: _______________________ _
lmpoundment Fee and/or Fine: _________________ _
Method of Payment Required: _________________ _
Day the animal will be sold or destroyed: ___________ _
Date: ______ Animal Control Officer: __________ _
Signature: _________ _
SCHEDULE C - By-Law No. 2961
AFFIDAVIT OF EVIDENCE
FOR THE RURAL MUNICIPALITY OF DAUPHIN
I, ___________ , of Dauphin Manitoba, do solemly affirm
that on the ___ day of ______ , 20
, at ______ (time), on
the property legally described as ____________ within the
Rural Municipality of Dauphin, I observed the following animals in
contravention of -----------------------
(state applicable Part & Section of By-Law)
of By-Law No. 2961 referred to as the "Animal Control By-Law".
Miscellaneous Information (if animals running at large, list animals):
* Evidence attached (if applicable)
Signature of person providing evidence
Affirmed before me on the __ day of _____ , 20
at
_________ , in the Province of Manitoba.
Witness
SCHEDULE D - By-Law No. 2961
APPLICATION FOR EXCESS ANIMAL PERMIT/DANGEROUS ANIMAL
PERMIT/RESTRICTED ANIMAL PERMIT
FOR THE RURAL MUNICIPALITY OF DAUPHIN
Permit Applying For:
Housing Permit
Kennel Permit
Permit Renewal
Dangerous Animal Permit
Restricted Animal Permit
Applicant: _____________________ _
Permit Legal Description: _________________ _
Mailing Address: ___________________ _
Telephone Number: ________ _
Cell: _______ _
Fax Number: __________ _
1. I, the applicant identified above, hereby apply for a permit referred to above.
2. The Permit will cover:
Type of Animal
Name
Breed
Colour/Description
Tattoo/Identification
3. I have had a permit for excess animals:
Denied
Revoked
Suspended
I hereby certify the above information to be correct and acknowledge that any false statements made upon
this application may result in the revocation of the permit applied for and/or prosecution.
I hereby acknowledge that every premise, which is approved pursuant to a Kennel Permit application, shall
be inspected annually.
I hereby acknowledge that all animals will be adequately and safely housed and will ensure that
disturbances to neighbours from excessive noise, odour, waste disposal, traffic and any other potential
nuisances are avoided.
I hereby agree to abide by all aspects of the Rural Municipality of Dauphin Animal Control By-Law #2961 (a
copy of which I am in receipt o~.
I hereby acknowledge that Council's decision is final and that there is no appeal process.
Date: ______ Signature of Applicant: __________ _
Fee: ______ Receipt Number: ______ _
Purpose:
SCHEDULE E - By-Law No. 2961
EXCESS ANIMAL SITE INSPECTION
FOR THE RURAL MUNICIPALITY OF DAUPHIN
New Application
Permit Renewal
Applicant: _____________________ _
Legal Description: ___________________ _
Date of Inspection: ___________________ _
Inspected By: ____________________ _
Description of Structure and Property (1, 2 storey, bungalow, basement, fence, side by side, etc.)
Condition of Structure and Property: (cleanliness, odours, fecal matter, upkeep, etc.)
N
b
um er an dD escriot1on o Animals Presently on t e Property:
f
h
Type of Animal
Name
Breed
Animal Care Equipment and Supplies:
Food
Kennels Outdoors
Recommend Approval:
Yes
No
(List any Conditions or Give Details)
Colour/Description
Outdoor Runs
Tatoo/ldentification
Miscellaneous
Signature: ______________ Date: _______ _
SCHEDULE F - By-Law No. 2961
ANIMAL BITING REPORT
FOR THE RURAL MUNICIPALITY OF DAUPHIN
Owner:
Date:
Address:
Land Location:
Telephone:
Cell:
Description of Offending Animal:
Species:
Breed:
Sex:
Color:
Tattoo:
Rabies Vaccination History:
Date Incident Occurred:
Person Bitten:
Name:
Address:
Telephone:
Events Surrounding Incident and Severity of Bite:
The above described animal will be released back into the owner's care prior to the completion of a 10 day impoundment as mandatory under the
Animal Control By-Law provided the following conditions are met:
1. The owner has paid all pound fees calculated at the daily rate set out in the Fees and Charges By-Law together with any costs or fines assessed
against the Owner.
2. The offending animal must be prevented from having any contact with any person or animal excepting for the owner for a period of 10 days from
the date of release. Observation of any behavioural changes must be reported to the Animal control Officer or supervising veterinarian
immediately. The animal must be kept indoors or confined to a locked fenced enclosure not accessible to any persons who may from time to
time enter the premises. The owner must not take the animal to any public locations during this time. THE OWNER MUST REPORT TO THE
UNDERSIGNED VETERINARIAN IMMEDIATELY AFTER THE 10 DAYS HAVE ELAPSED.
3. A clearly visible sign must be posted at the entrance way with wording such as "BEWARE. DOG BITES".
4. Proof of current rabies vaccination must be provided. The offending animal cannot be vaccinated for rabies while under the above restrictions but
it is mandatory that vaccination be done as soon as possible thereafter.
5. Concern for rabies is the basis for the above conditions. If it is deemed advisable and depending upon the severity of injuries that have occurred,
impoundment of the animal for the 10 days as set out by Manitoba Health Regulations and Rural Municipality of Dauphin by-law may be
required.
6. The owner will be responsible for all veterinary, and pound charges that may arise from this incident.
7. Cats must be held by the Pound for the entire 10 day impoundment period.
Signature of Owner
Signature of Veterinarian
SCHEDULE G - By-Law No. 2961
ANIMAL COMPLAINT FORM
FOR THE RURAL MUNICIPALITY OF DAUPHIN
Date Received: _________ _
Time: _____
_
Name of Complainant: _______________ _
Address: ---------------------
Telephone: __________ Cell: ________ _
Nature of Complaint: ________________ _
How Complaint Dealt With: ______________ _
Signature of Animal Control Officer
Date Complaint Addressed