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MUNICIPALfrY
BY LA\il NO.2349-14
of
RURAL MUNICIPALITY OF HANOVER
ANIMAL CARE and Control BY-LAW
Being a By-Law to provide for the regulation, control and well-being of
animals within the limits of the Rural Municipality of Hanover
PART I:
AUTHORITY
WHEREAS subsection232(l) of The Municipal Act, C.C.S.M., cap. M225 (the "Act")
provides, in relevant part, as follows:
"Spheres of jurisdiction
232(l) 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 ofproperty;
(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 relevantpart, as follows:
"Exercising By-Law-making powers
232Q) V/ithout limiting the generality of subsection (1), a council may in
a by-law passed under this Division
(a)
regulate or prohibit;
.,
(Ð
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 \ilHEREAS, subsection 236(l) of the Act provides, in relevantpart, as follows:
"Content of bylaws under clause 232 (l)(o)
236(l) V/ithout limiting the generality of clause232(l)(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
(Ð
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,
(iiÐ
providing that an amount owing under subclause (ii) may
be collected in any manner in which atax may be collected
or enforced under this Act,
(iv)
seizing, removing, impounding, conltscating 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, C.C.S.M.,
cap. 495 provides, 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
ôJ
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
refemed 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 \ryHEREAS, subsections 31(1) and (2) of the Diseases and Dead Bodies
Regulation, 338/88R of The Public Health Act, C.C.S.M., cap. 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 offrcer of the municipality in which the biting incident
occurred or a peace officer of the details of the biting incident.
31Q) An animal control offrcer or peace officer receiving a report
pursuant to subsection (1) shall notify the medical offrcer of health of the
details of the report at the earliest possible opportunity."
PART II:
DEFINITIONS AND INTERPRETATION
By-Law Name
1(1)
This By-Law may be referred to as the "ANIMAL CARE and CONTROL
By-Law".
Definitions
r(2)
In this By-Law, unless the context otherwise requires,
"aggressor animal" shall have the meaning ascribed thereto in section 10
of this By-Law;
"animal control offïcer" means persorVpersons appointed or employed
by the Rural Municipality of Hanover, or contracted by the Municipality
and includes any person acting as an assistant or an agent of the
Government to carry out any provisions of this By-Law or any contracts or
agreements entered into for the purpose of carrying out any provision of
this By-Law.
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"By-Law Enforcement Offïcer" means a person employed or contracted
for the preservation and maintenance of the public peace to enforce the
provisions of this By-Law as a "Peace Off,rcer".
rrcatrr means any member of the genus Felis domesticus (domestic cat);
ttcommercial dog kenneltt means any premises upon which dogs are
raised, trained or kept whether for gain or not;
"Council" means the council of the Rural Municipality of Hanover;
*current rabies vaccination" means that the dog or cat has been
vaccinated for rabies in accordance with international veterinary protocol
which calls for a primary vaccination, which is then followed with a
booster vaccination not sooner than 60 days and not greater than one year
after the primary vaccination, and is then subsequently vaccinated at
regular intervals not exceeding three years;
ttdangerous animaltt means any dog, cat or any other animal that has on
at least one occasion, worried, attacked, injured or killed a person,
livestock or any other animal, or that is for any other reason determined to
be a risk to any person, livestock or any other animal, and that has been
declared a dangerous animal under section 10 of this By-Law;
"dog" means any member of the genus Canis familiaris (domestic dog);
"domestic pet" means any animal other than a dog or cat that has been
domesticated and is kept or harboured within the Municipality;
ttlivestocktt 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 or draft work,
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 (aXi), (ii) or (iii) of this definition; and
(c)
any other animal determined by the animal control off,rcer to be
livestock for the purposes of this By-Law;
-5-
whether or not intended for profit and including, without limitation:
(d)
dairy cattle and beefcattle, goats, sheep, bison and horses;
(e)
swine (including, wild boar);
(Ð
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);
(Ð
specialty fowl (including, guinea fowls); and
(t)
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 Hanover;
"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;
"persontt includes a firm or corporation;
"police officer" means any person who is a police officer within the
meaning of the Criminal Code of Canada;
"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 aîy 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;
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(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)
(d)
(e)
(Ð
(e)
any member of the order Crocodylia;
any constrictor snake, venomous snake or venomous reptile;
any venomous amphibian;
any wild animal or wildlife as def,rned in The Wildlife Act; and
any other animal determined by the animal control officer to be a
restricted animal, other than a dog, cat or livestock;
ttrunning at large" or "run atlarge" means, in relation to an animal,thaL
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;
"rural ^te " means arr area of the Municipality that is designated as being
Rural Residential, Rural or Agricultural pursuant to the Zoning By-law of
the Municipality;
"urban area" means arLarea of the Municipality that is designated as
being Commercial, Industrial or Urban pursuant to the Zoning By-law of
the Municipality.
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 III:
ESTABLISHMENT OF POUND AND APPOINTMENT OF
ANIMAL CONTROL OFFICER AND POUNDKEEPER
Establishment of Pound
2(l) Council may establish and maintain a pound or pounds 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
-7 -
with any other municipality, city, town or organization) to establish and maintarn
a pound or pounds on their behalf. The costs associated with the pound(s)
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 one or more persons as animal control offrcer(s) to carry out
the enforcement of this By-Law. The animal control offrcer(s) so appointed may
be appointed on a temporary or permanent basis, and shall be paid out of the
general funds of the Municipality.
Appointment of poundkeeper
2(3) Council may appoint 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.
Common animal control officer and poundkeeper
2(4) 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 duty of the animal control offrcer:
(a)
to apprehend and confine at the pound(s) , any:
(Ð
dog, running at large in an urban area of the Municipality; or
(ii)
dog runningatlarge in a rural area of the Municipality;
(b)
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 atlarge, within the Municipality;
(c)
to apprehend and confine any domestic pet andlor livestock which is
running atlarge 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 of any other laws or
regulations pertaining to animals or the conditions of any permit;
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(d)
to make a 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 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 offrce of the Municipality a notice
describing the animal, and Municipal V/ebsite the date of apprehension
and the date after which the animal will be sold, or otherwise disposed of;
(e)
to enforce the provisions of this By-Law
Duties of poundkeeper
It shall be the duty of the poundkeeper:
(a)
To provide suffrcient food and clean water, adequate shelter and a safe and
sanitary environment for every animal impounded;
(b)
To establish and maintain the pound(s) in a maffrer in keeping with The
Animal Care Act (Manitoba), and without limiting the generality of the
foregoing, to discharge the duties of an owner as set out in subsection 2(1)
of The Animal Care Act (Manitoba) while an animal is in the custody of
the poundkeeper;
(c)
To keep a record of every animal impounded, which record shall include
the following minimum information:
(Ð
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);
4
(iÐ
(iiÐ
the day and hour of its impoundment;
the day and hour of its redemption, sale, disposition or disposal
together with the details of redemption, sale, disposition or
disposal;
(iv)
the name and address of the owner (being the person to whom the
animal was sold or released), and the license number on the
animal's tag (if applicable);
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(v)
the amount and particulars of all fees, fines and other charges
invoiced to, and received from or on behalf of the owner and the
name and address of the payor (if different from the owner); and
(vi)
such other particulars as the Chief Administrative Ofhcer of the
Municipality shall direct from time to time in writing;
(d)
To collect all 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 a pound, the minimum
hold period established under the poundkeeper's contract with the
Municipality;
(Ð
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
parcgraph (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 fees accrued in
respect of the impounded animal as set forth in this By-Law, unless
such fees are otherwise waived in writing by the Municipality or
by the poundkeeper on the express written authority of the
Municipality; or
(iÐ
cause the impounded animal to be humanely disposed of;
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PART IV:
DOGS, CATS AND OTHER DOMESTIC PETS
Responsibility of Owners Regarding Dogs
5(1)
No owner shall:
unless the Municipality, or the poundkeeper on the express authority of the
Municipality, agrees to or directs an extended period of impoundment, in
which case the impounded animal will be held until the earlier of the date
that it is sold or otherwise disposed of to a person in accordance with sub-
paragraph (g)(i) or until expiry of the extended period of impoundment,
before it is humanely disposed of.
(h)
The Municipality may vary the terms, conditions and duties of the
poundkeeper who is employed by the Municipality 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 inparagraphs (a), (b) and
(c) above, and further provided that the provisions in paragraphs (d), (e),
(f) 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 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.
(Ð
To make sure that, any dog or cat, has a current rabies vaccination, before
it is released.
(a)
permit his dog to run at large. When a dog is found running at large, its
owner shall be deemed to have failed or refused to comply with this
subsection;
(b)
permit his dog to bark or howl or in any other way unduly disturb the quiet
of any person or persons anywhere in the Municipality;
(c)
permit his dog to defecate on any public or private property other than the
property of its owner. Where a dog defecates on property other than the
property of its owner, the owner shall cause such excrement to be removed
forthwith;
- tl-
(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;
(Ð
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 pursue, bite, wound or worry 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 (including parkland area) unless the dog
is on a leash (which leash shall be no longer than six (6) feet in length,
fully extended) and the dog is in the actual custody and effective control
of the owner or a person competent to control it, unless the said public
property has been specifically designated by Council as land upon which
dogs are not required to be on a leash;
c)
(k)
0)
permit his dog to upset waste receptacles or otherwise litter;
permit his dog to worry, attack, kill or injure any livestock or other animal.
Dog owners are required to have their dogs licensed and have the municipal
dog tag attached to the dog's collar at all times . Dog owners shall not
permit their dogs to run atlarge anywhere in the municipality.
6
5(2) A visually impaired owner of a registered guide dog or any other person who
requires the assistance of a registered guide dog shall not be subject to the
restrictions imposed under subsections 5(1)(c), (h) and (i).
Responsibility of Owners Regarding Cats
No owner shall permit his cat to run atlarge in an urban area. When a cat is found
running at large in an urban area its owner shall be deemed to have failed or
refused to comply with this section of the By-law.
Redemption
Unless the impounded animal is determined to be a dangerous animal, the owner
of any dog, cat or any other domestic pet (other than a restricted animal)
impounded by the animal control officer may be redeemed within three (3) days
7
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of the apprehension and impoundment by applying to the poundkeeper for
redemption and paying:
(a)
the impoundment fee as set out in Schedule A;
(b)
the pound fee calculated in accordance with Schedule A;
(c)
in the event that the impounded animal is a dog that is unlicensed at the
time of apprehension, the relevant license fee; and
(d)
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 holds all government licenses as may be
required, to keep or harbour the animal within the Municipality.
Dogs
8(2)
Subject to subsection 8(3) and the provisions of section 5, the owner of a dog
shall not permit the dog to be outside of the owner's premises unless: (a) the dog
is on a leash that is less than six (6) feet in length fully extended; and (b) the dog
is under the immediate charge and effective control of a person competent to
control it.
8(3) A female dog in heat shall be conf,rned to the premises of the owner or a person
having control of the dog, or shall be housed in a 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.
Cats
8(4) Subject to subsection 8(5) or elsewhere in this By-law, the owner of a cat shall not
permit the cat to be outside of the owner's premises unless the said cat is under the
immediate charge and effective control of a person competent to control it.
8(5) A female cat in heat shall be confined to the premises of the owner or a person
having control of the cat, or shall be housed in a kennel, for the period of time that
the cat is in heat. The said cat's confinement shall be in such a manner as to
-13-
prevent any contact between the cat in heat and any other cat except other cats
owned by the same owner.
Maximum Number of Dogs or Cats
8(6) (a)
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 operates a kennel authorizing him to own that number
of dogs.
(b)
No person shall own, harbour, keep or have in his possession or control or
on his premises, more than three (3) cats over the age of four (4) months,
regardless of the number of people who may be inhabiting the premises,
unless such person holds operates a kennel authorizing him to own that
number of cats.
Offence
8(7) Any person who fails to comply with the terms and conditions set out in this
section 8 shall be guilty of an offense under this By-Law.
PART V:
DANGEROUS ANIMALS
Animal Bites
9(1) The animal control officer:
(a)
shall apprehend, impound and place in quarantine any dog or cat that he
has reason to believe has bitten a person;
(b)
may apprehend, impound and place in quarantine any other domestic pet
that he has reason to believe has bitten a person it in his discretion, such
action in respect of the domestic pet 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. This
section shall not apply to a police service dog owned by a public law enforcement
ageîcy while on duty and under the control of a qualified dog handler.
9(2) If the aggressor animal is not voluntarily surrendered to the animal control officer
by the owner, the animal control offrcer 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 pu{pose of apprehending and
impounding the aggressor animal.
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9(3) Any aggressor animal so apprehended and impounded at the pound shall, subject
to subsection 9(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").
9(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.
9(5) Subject to a determination by the animal control off,rcer pursuant to subsection
9(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
at the discretion of the poundkeeper.
e(6)
The animal control officer shall keep a record of all bite incidents, identiffing 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.
9(7) The head of any aggressor animal quarantined for biting that dies while
quarantined and prior to the veterinary examination required pursuant to
subsection 9(8) hereof, shall be submitted to the Canadian Food Inspection
Agency for rabies examination.
9(8) Every aggressor animal shall be examined, at the cost of the owner, 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 ofhcer 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;
- 15 -
(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 11 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
(Ð
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.
9(9) Notwithstanding the provisions of subsection 9(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, at the owner's cost, 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 ofhcer;
(d)
the owner shall take out and pay for such liability insurance, if available
by an insurer 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 any costs
associated with liability to the victim or victims of the bite incident;
(Ð
such other conditions as the animal control officer may deem necessary or
advisable in the interests of public safety.
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Determination that an animal is a dangerous animal
10(1) Where the animal control officer has reason to believe that an animal, including
but not limited to an aggressor animal under section 9, 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.
10(2)
V/here 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 offrcer 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
11(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.
10(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. In
the case where the animal alleged to be a dangerous animal is a dog, the animal
control officer shall be entitled to mail the said notice to the last address provided
by the owner to the Municipality in relation to the licensing of the said dog. The
notice shall include the following minimum information:
(a)
the time, place and pu{pose 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 10 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
arry further notice or appeal in regard to the proceedings
concerning the animal.
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
10(4) (a)
-t7 -
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 off,rcer, 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 10, 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 10(3) hereof.
10(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
(iÐ
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.
10(6) The Council shall deliver a copy of their decision to the owner in the manner
provided in subsection l0(3). There shall be no obligation upon Council to issue
written reasons for their decision.
I
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10(7) The decision of Council shall be final. There shall be no appeal from the decision
of Council.
10(S) Every owner who has received notification from Council pursuant to subsection
10(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.
10(9) Subsection 10(8) shall not apply if the animal is impounded or the animal control
ofhcer 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
11(1) Council shall determine whether the dangerous animal should be disposed of or
released to the owner subject to the conditions set out in subsection 11(2). The
decision of Council shall be final and not subject to appeal.
Il(2) Every owner of an animalthat has been declared to be dangerous and in respect of
which Council has decided to release the dangerous animal to its owner, shall:
(a)
cause the dangerous animal to be tattooed upon the ear with clearly
identifiable information as set out by the Council and provide a copy of
such information to the poundkeeper.
(b)
ensure that the dangerous animal, while on private property, is kept either
securely confined indoors or in a securely enclosed and locked pen,
structure or compound which:
(i)
is capable of preventing the entry of young children and the escape
of the dangerous animal;
(ii)
has minimum dimensions suitable for the size of the dangerous
animal, as prescribed by the animal control officer;
(iii)
has secure sides; and
(iv)
provides protection from the elements for the dangerous animal.
(c)
in the event that the dangerous animal is a dog, permit the dog upon public
property only if: (i) it is muzzled; (ii) it is restrained by a chain or leash
not exceeding six (6) feet in length, fully extended; and (iii) the dog is at
all times under the effective control of a person competent to control it.
(d)
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.
-t9-
(e)
display in a conspicuous location at each entrance to the premises upon
which the dangerous animal is kept, a sign stating: WARNING:
BEV/ARE OF DANGEROUS<insert type of animal>. The sign shall be
posted in such a manner that it cannot be removed easily by a passersby
and will be visible and capable of being read from outside of the premises.
(Ð
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.
(g)
advise the animal control officer within three (3) working days of the
death of the dangerous animal.
(h)
advise the animal control officer forthwith if the dangerous animal has
gone missing or is running atlarge or has bitten, worried or attacked any
person or animal.
(Ð
Every owner of an animal that has been declared to be dangerous shall
advise the animal control officer and the By-Law Enforcement Officer of
a period ofno less than three (3) days prior to a physical change in address
within the Municipality and all previous conditions imposed by a
resolution order remain in effect, unless the resolution order amended and
approved by the Council of the Municipaity prior to the change of physical
address.
û)
such other conditions as may be prescribed by order of the Council,
including, without limitation, any of the conditions set out in subsection
10(9) hereof.
11(3) No person shall deface or remove a sign posted pursuant to subsection 11(2)(e) or
subsection 9(9Xb) hereof without having first obtained the permission of the
animal control officer.
Destruction of dangerous animal or aggressor animal
r2(r)
V/here 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 offtcer 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
disposing of it. In the event that an animal is causing an immediate risk to any
person, property or any other animal, the animal control offrcer is authorized to
apprehend and impound the said animal notwithstanding that it has not been
-20 -
declared to be a dangerous animal by Council at the time of its apprehension and
impoundment.
r2(2)
When the animal control officer impounds an animal under this section 12 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 disposed
of 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 disposed of, which
hearing shall be carried out in accordance with the provisions of section 10
hereof. The animal shall remain quarantined in the pound pending the outcome of
the hearing.
PART VI:
DOG LICENSING / TAGS
13(1)(a) Every dog owner in the Rural Municipality of Hanover including Local Urban
Districts (LUD'S) of Mitchell, Blumenort, and Grunthal must produce, before a
license tag is issued, a certificate of vaccination for rabbies for that dog from a
licensed veterinarian in Manitoba showing that the dog has been vaccinated at
every two years (24 months) intervals prior to the anniversary date of the last
vaccination. Identification is mandatory in the event the dog is picked up by the
animal control officer. In all cases, if a dog is picked up, licensing and vaccination
of the animal will be a requirement prior to release or prior arrnagements made
with the vet to have the animal vaccinated immeadiately after release.
(b)
Notwithstanding subparagragh (a) above, no certificate of vaccination for rabies
shall be required where the dog owner produces a statement in writing from a
licensed veterinarian in Manitoba stating that the dog, for medical reasons, cannot
be vaccinated for rabies.
(c)
No unauthorized person shall be permitted to remove the tag from any tagged dog.
PART V11: LICENSE FEES:
14(1) The annual commercial dog kennel license fees shall be set through Schedule "4"
as attached.
(a) The cost of a dog license application fee shall be set through Schedule "4" as
attached.
The cost of the license is based on the life of the dog and not yearly for the same
dog. Only a new application will require a license fee for a change of address
within the municipality or the addition of a new dog.
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',
PART vrrr: DoG KENNELS
15 (a) No more than 3 dogs over the age of 4 months may be harbored in any household,
unless and until a dog kennel license for such household has been approved and issued by
the Council of the Municipality.
(b) The council of the Municipality shall not issue a dog kennel license if it is the
opinion that the operation of such dog kennel may be injurious riots to the interest
of occupants oÍ o\ÀÍìers of property in the vicinity.
(c) No dog kennel license shall be issued except with the approval of the Council of
the Municipality by resolution.
(d) Every dog kennel license shall expire onthe 3l'tday of Decembernext afterthe
license became effective
(e) Provide to the Chief Administrative Officer (CAO) or the By-Law Enforcement
Officer, an acceptable kennel inspection by a qualified Manitoba Veterinarian
prior to a kennel license being issued and on a yearly basis before the expiry date
of December 31't. Inspections are required for pre-existing kennels and all new
applications.
(Ð Any person who intends to establish a commercial dog kennel shall apply in
writing to the Chief Administrative Officer (CAO) the location of the ker¡rel, the
number of dogs to be kept and the intended purpose of the commercial dog kennel
in accordance with the Zoning By-Law.
(g) On receipt of an application, the Chief Administrative Officer shall,
(i)
Fix a day for the consideration by Council of the application which shall
be not later than 30 days after the date of receipt of the application;
(iD Notify the applicant of the time and place at which the Council will
consider the application;
(iiÐ Not later than 10 days before the day fixed for consideration of the
application, give notice of the application by regular mail to each assessed
owner according to the latest revised assessment roll, of property within a
radius of 100 meters from the proposed site affected; to each owner of
land adjoining the proposed site affected or across the street or lane if any;
and give such notice in any other manner that Council deems advisable.
(h)
On the day and at the time and place stated in the notice, the Council shall
receive representation of the applicant and any other person, who desires to make
representations either on his own behalf or on behalf of another.
a.l
(i) On completion of the receipt of representation, the Council may by way
resolution:
(j) reject the application; or
(ii) approve the application with or without conditions which in the sole opinion of
the Council may be necessary or desirable to ensure the location of commercial dog
kennel is compatible with the neighborhood.
(i) The Chief Administrative Officer shall send a copy of the decision of Council to
the applicant and to any person who made representations at the meeting of
Council.
O The decision of Council is final and binding on all persons and the commercial
dog kennel license may be revoked by Council for any violation of any conditions
imposed by it.
PART VIIII: LIVESTOCK
16(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.
16(2) An owner shall not permit his livestock to run at large within the Municipality.
W'hen livestock is found running at Iarge, its owner shall be deemed to have
refused or failed to comply with this By-Law.
16(3) Council, or the animal control offrcer on the authority of Council, nãy 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 arate of remuneration to be fixed from time to
time by the Council. The Chief Administrative Off,rcer of the Municipality may
authorize the establishment of a temporary pound, which temporary pound shall
be ratified at the next regularly scheduled Council meeting.
16(4) When livestock is impounded, the animal control officer shall publish notice of
the impoundment in a ne,wspaper 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
-z)-
or brands, the day of impoundment, along with the location within the
Municipality where the livestock were found running at large.
16(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.
16(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.
16(7) If no person claims the livestock within ten (10) days of the date of the notice of
impoundment, or if the owner has not paid the costs and fines referred to in
subsection 16(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.
PART X:
RESTRICTED ANIMALS
Prohibition on restricted animals
l7(I) 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
17(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 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 Ofhcer, 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.
-24 -
-)
Temporary impoundment
I7(3) If deemed necessary in the interests of public safety, the animal control offtcer
may apprehend and impound any restricted animal pending the outcome of any
hearing to decide an application made pursuant to subsection 17(2) hereof.
Inventory of restricted animals
I7(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 pu{pose, provide Council
with an inventory of the restricted animals kept by the owner within the
Municipality, together with the annual permit fee.
I7(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.
t7(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.
17(6) (b)
Council may grant such longer period of time to an owner of a restricted
animal who falls within subsection l7(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
l7(7) Where the animal control offrcer 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 officer 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
\
-25 -
animal in accordance with subsection l7(6)(a) and any conditions imposed in the
order of the animal control offrcer. 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 l7(2), and
the order of the animal control officer shall be suspended pending the decision of
Council.
17(8) The onus shall be on the person upon which an order pursuant to subsection 17(l)
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.
I7(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 offrcer may engage the assistance of other persons if required
to safely apprehend the restricted animal.
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 l7(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 to be disposed of 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.
17(10)
PART XI:
GENERAL PROVISIONS
Offenses under this By-Law
18(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, cat or domestic pet from running at
Iarge;
(b)
Keeping or harbouring dogs or cats in excess of the maximum number
permitted by this By-Law;
-26 -
(c)
Failing to comply with an order of the animal control officer to dispose of
any dogs or cats in excess of the prescribed limit made under section 9 of
this By-Law;
(d)
Failure by the owner of a dog to comply with any one or more of the
provisions of section 5, section 6, subsection 8(2) or section 8(3) of this
By-Law;
(e)
Failing to report a bite incident or failing to voluntarily surrender the dog
or cat believed to have bitten a person to the animal control officer or
poundkeeper;
(Ð
Failing to voluntarily surrender a dog or cat to the animal control officer
upon a request therefor;
(g)
Failure by an owner to discharge the duties of an owner as set out in
subsection 2(1) of The Animal Care Act (Manitoba);
(h)
Keeping or harbouring any wild animal or other restricted animal withrn
the Municipality without a proper permit contrary to section 14 of this By-
Law;
(i)
Violating any of the conditions or restrictions imposed upon a permit to
keep or harbour any wild animal or other restricted animal within the
municipality;
ú)
Failing to properly vaccinate a dog or cat against rabies;
(k)
Failing to comply with the requirements of subsection 8(1) of this By-Law
in relation to any domestic pet;
(l)
Failing to comply with the requirements of any provision of subsections
8(4) or (5) in relation to any cat;
(m) Failing to comply with any requirements of Part V of this By-Law rn
relation to an aggressor animal or a dangerous animal;
(n)
Defacing or removing a sign required to be posted under subsection
9(9Xb) or subsection 11(2)(e) of this By-Law;
(o)
Failing to comply with any of the requirements of Part VIIII of this By-
Law in relation to livestock;
(p)
Failing to comply with any of the requirements of Part X of this By-Law
in relation to any restricted animals.
-27 -
(q) Failing to comply with the requirements of Part VII of this By-Law in
relation to licensing.
G)
Failing to comply with requirements of Part VI of this By-Law in relation
to Tags.
G)
Failing to comply with any requirements of Part VIII of this By-Law rn
relation to Dog Kennels.
Interference With Enforcement
18(2) It shall be an offense under this By-Law for a person to interfere or obstruct any
attempt by the animal control offrcer, 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.
18(3) It shall be an offense under this By-Law:
(Ð
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(4) Any resident of the Municipality may apprehend and confine an animal which is
running atlarge on his property, provided that he promptly notif,tes, in writing, the
animal control officer or Chief Administrative Offrcer of the Municipality of the
apprehension and confinement, and the animal control officer shall as soon as
practical, attend upon the resident to take possession of and impound the animal.
Right of Entry
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 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
-28-
or a valid \ /arant or order from a provincial court judge, magistrate or justice of
the peace, as required to permit such entry.
I9(2) The owner of any dog, cat or any other domestic pet 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 offtcer 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. It shall be at the discretion of the animal control
officer whether or not to proceed based on an anonymous complaint or
information.
Liability
2l(1) No liability shall aftach to the animal control offrcer, the poundkeeper, the
Council andlor the Municipality in carrying out their respective duties under this
By-Law. Without limiting the generality of the foregoing, no liability shall attach
to the animal control officer, the poundkeeper, the Council andlor the
Municipality for any animal, 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(I) 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) to a fine of not less than $50.00 and not more than $500.00, plus all
applicable costs and penalties for the first offense;
(b) to a fine of not less than $100.00 and not more than $1000.00, or to
imprisonment for not more than thirty (30) days, or both, plus all
applicable costs and penalties for the second 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 I2-month period
while owned by the same owner, shall be sold or disposed of to a new owner or
shall be disposed of regardless of whether or not it is properly licensed under this
By-Law.
22(3) Any person who interferes with or obstructs the duties of an animal control
offrcer, a poundkeeper or any other person authorized to enforce any provisions of
-29 -
this By-Law, or who unlawfully enters any pound or unlawfully removes any
animal impounded, is guilty of an offense and is liable:
(a) to a fine of not less than $500.00 and not more than $1000.00, or to
imprisonment for a term of not more than sixty (60) days, or both , plus all
applicable costs and penalties;
22(4) Where a corporation commits an offense under this By-Law, each director or
off,rcer of the corporation who authorized, consented to, connived ãt, 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) Council of the Municipality may, by resolution, after the passage of this By-Law
change the penalties and impoundment fees found in Schedule "4" from time to
time.
REPEAL
23(I) That By-Law No. 2140 of the Rural Municipality of Hanover is hereby repealed
in its entirety.
DONE AND PASSED as a By-Law of the Municipality of Hanover by the Reeve and
Council in open session assembled this 1lth day of June ,2014
ve Officer
Read a first time 14th da)'of May ,2014
Read a second time 11th day of June,2014
Read a third time 25th day of June ,2014
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MUNICIPAWY
REVISED by Resolution FA 16-15, 20L6O24
SCHEDULE A _ PENALTIES, FEES, AND IMPOUNDMENT FEES
KENNEL FEES (YEARLY)
$2s0.00
DOG LTCENCE FEES (NOT SpAyED OR NEUTERED)
$20.00
DOG LTCENCE FEE (SpAyED OR NEUTERED)
$1s.00
*ì!TNOTE** Dog licence fees will be at no charge from the date of By-Law enactment until
December 3l't,2015. Fees will commence on July Lst't,2016.
Cat / Skunk Traps
For each caf trap - deposit
$100.00
Trap Rental $3,00 dollars daily for cats, skunks in rural areas only.
Penalties and impoundment Fees
For any dog, cat or any other domestic pet that was apprehended running atlarge or that was for
any other reason, impounded by the animal control offrcer
-
For first impoundment licenced flat fee:
$100.00
-
For each day of impoundment, add
$20.00
-
For second impoundment licenced flat fee
$150.00
(if it occurs within 12 months of the first offense)
$200.00
For each day of impoundment, add
$20.00
-
Animal disposal charge (per animal)
$100.00
**Unlicenced dog Fee's at large**
$200.00
**Licenced dog X'ee's at large**
$150.00
For voluntary impoundment: Quarantine
-
For each day of impoundment:
$25.00
Livestock
Apprehension with truck/trailer, 1-man @575.001hr **NOTE** Min lhr call out fee
If extra man required $35.00/hr
Mileage @Sl25lkm, fuel surcharges as per Council
Feed &'Water per day $30.00
Impoundment fees for dangerous animals, quarantined
animals and restricted animals:
$50.00
)
Impoundment and fines (see section 22.)
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MUN C PATÍY
SCHEDULE B
NOTICE OF IMPOUNDMENT
FOR RURAL MUNICIPALITY OF HANOVER
Owner:
(Name and Address of Owner of animal)
Description of Animal:
Date of Apprehension:
Time of Apprehension
Location Animal Apprehended:
Place of Impoundment:
Hours of Operation of Pound:
Phone No. ofPound:
)
laily Pound Fee:
Impoundment Fee and/or Fine:
License Fee:
Method of Payment Required
Day the animal will be sold or disposed of:
Date:
Animal Control Officer:
Signature