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S:\BY-LAWS\2016 By-laws\06-2016 Dog By-Law\By-Law 6-2016 Dog By-Law.docx
RURAL MUNICIPALITY OF LA BROQUERIE
BY-LAW N0. 06-2016
Being a By-Law of the Rural Municipality of La Broquerie to provide for the
regulation and control of dogs within the limits of the Municipality
WHEREAS subsection 232(1) of The Municipal Act (the "Act) provides, in
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, it is deemed advisable to provide for the regulation and
control of dogs within the limits of the Municipality;
NOW THEREFORE, the Council of the Rural Municipality of La Broquerie, in
council duly assembled, enacts a by-law as follows:
PART 1 - DEFINITIONS AND INTERPRETATION
1.
This By-Law may be referred to as the "Dog Control By-Law".
2. DEFINITIONS:
In this By-Law, unless the context otherwise requires:
a)
"Aggressor Animal" shall have the meaning as similar to Dangerous
Dog, as stated in section f.
b)
"Animal Control Officer / By-Law Enforcement Officer" means the
person appointed by the Chief Administrative Officer and/or 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 / By-Law
Enforcement Officer authorized by the Chief Administrative Officer and/or
Council.
c)
"Chief Administrative Officer" means the Chief Administrative Officer,
Assistant Chief Administrative Officer, Acting Chief Administrative Officer of the
municipality.
d)
"Companion Dog" means a dog used as a guide or for assistance to a
disabled person.
e)
"Current Rabies Vaccination" means that the dog 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.
f)
"Dangerous Dog" means any dog that has on at least one occasion,
worried, attacked, injured or killed a person, livestock or any other animal, is a
Pit-Bull, 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 13 of this By-Law.
g)
"Dog" means any member of the genus Canis familiaris (domestic dog).
h)
"Animal" refers to, for the purpose of this By-Law, any dog as defined
above unless otherwise stated.
i)
"Owner" includes any person who owns, keeps, harbours or has
possession or control of a dog, 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 / By-Law
Enforcement Officer or any other person.
j)
"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 provisions of this By-Law.
k)
"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 7 of this By-Law.
l)
"Premises" includes a building or accessory building and any lands on
which the building is situated.
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m) "Running at Large" Or "Run at Large" means, in relation to a dog,
that the dog 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.
n)
"Pit-Bull" means
i) Pit-Bull Terrier; or
i) Staffordshire Bull Terrier; or
ii) American Pit-Bull Terrier; or
iii) Any dog which has the appearance and physical characteristics
predominantly conforming to the standards for any of the above breeds as
determined by Canadian Kennel Club or the American Kennel Club and
attached as Schedule C as determined by a veterinarian licensed to practice in
Manitoba.
3. SPECIAL RESTRICTIONS
a)
In the event of an outbreak or threat of an outbreak of rabies or any other
disease which can be transmitted through dogs, Council may require every
Owner to confine his or her dog upon the Owner's property for such period of
time as Council may determine.
PART II - ESTABLISHMENT OF POUND AND APPOINTMENT OF ANIMAL
CONTROL
OFFICER
/
BY-LAW
ENFORCEMENT
OFFICER
AND
POUNDKEEPER
4. ESTABLISHMENT OF POUND
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 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.
5. APPOINTMENTS
1)
Animal Control Officer / By-Law Enforcement Officer
The Chief Administrative Officer and/or Council may appoint one
or more persons as Animal Control Officer(s) to carry out the
enforcement of this By-Law. The Animal Control Officer and By-
Law Enforcement Officer shall be a designated officer under the
Municipal Act.
2)
Poundkeeper
The Chief Administrative Officer and/or 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 shall be a
designated officer under the Municipal Act.
3)
Common Animal Control Officer / By-Law Enforcement Officer
and Poundkeeper
At the discretion of the Chief Administrative Officer and/or Council,
the Animal Control Officer / By-Law Enforcement Officer may also
serve as Poundkeeper, and vice versa.
4)
Kennel and Boarding Facilities
Regulations regarding animal boarding shall apply as they appear
in of the RM of La Broquerie Zoning By-Law 10-2013 and identified
in Sections 13 and 14.
6. RESPONSIBILITIES AND POWERS OF THE ANIMAL CONTROL
OFFICER/BY-LAW ENFORCEMENT OFFICER
The Animal Control Officer / By-Law Enforcement Officer:
1)
may apprehend and confine any dog 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 of any other laws or
regulations pertaining to animals or the conditions of any permit or
license;
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2)
must make reasonable attempts 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 fees to be charged to the
Owner, and the date after which the animal will be sold or
humanely euthanized if not redeemed;
3)
must 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;
4)
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 / By-Law Enforcement
Officer or the Poundkeeper, 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.
5)
is responsible for the enforcement of this
By-Law.
7. RESPONSIBILITIES AND POWERS OF THE POUNDKEEPER
The Poundkeeper:
1)
must provide sufficient food and clean water, adequate shelter
and a safe and sanitary environment for every animal impounded;
2)
notwithstanding anything contained in this by-law, where a licensed
veterinarian certifies that an impounded dog is so seriously injured
or sick that it would be inhumane to allow it to live, may cause the
dog to be destroyed forthwith;
3)
must keep a record of every animal impounded, which record shall
include the following minimum information:
a.
a description in reasonable detail of the animal (including, the
approximate weight, height and color of the animal, as well as the
gender and breed of the animal);
b.
the day and hour of its impoundment;
c.
the day and hour of its redemption, sale, disposition or
destruction,
together with the details of redemption, sale,
disposition or destruction;
d.
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);
e.
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
f.
such other particulars as the Municipality shall direct from time to
time.
4)
where the Municipality has entered into a contract with a private
party for the operation of the Pound, 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;
5)
must keep any impounded dog for a minimum period of 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;
6)
if, after expiration of the minimum period of impoundment set out in
sub- paragraph 5 above, a dog has not been redeemed, it will be
the duty of the Poundkeeper to do one of the following with the
impounded animal:
a.
sell or otherwise dispose of the impounded dog 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 by the Municipality or by the
Poundkeeper on the express authority of the Municipality; or
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b.
cause the impounded dog to be humanely euthanized 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 dog 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 6 above or until expiry of
the extended period of impoundment, before it is humanely
euthanized.
7)
the Municipality may vary the terms, conditions and duties of the
Poundkeeper by contract with a private party. Where it is permitted
under the contract with the Municipality, the Poundkeeper may, at
his or her 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.
8. RABIES VACCINATION
An Owner of a dog must ensure that it is properly vaccinated. The Animal
Control Officer / By-Law Enforcement Officer may at any time request
that an Owner provide proof that the Owner's dog has a Current Rabies
Vaccination status and, if the Owner cannot produce such proof, the
Animal Control Officer / By-Law Enforcement Officer may apprehend and
impound the dog.
9. RESPONSIBILITY OF OWNERS REGARDING
DOGS
a. No Owner of a dog shall permit the dog to Run at Large or permit the
dog on public property (including parkland area) unless the dog is on a
leash (which leash shall be no longer than six 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. When a dog is found Running at Large, its
Owner shall be deemed to have failed or refused to comply with this
subsection.
b. Any Resident of the Municipality may apprehend and confine a dog
which is running at large and which is on their property and shall
immediately
thereafter inform the Animal Control Officer of the
apprehension and confinement of said dog, and then shall as soon as
practical, attend upon the complaint to take possession of the dog.
c. No Owner of a dog shall permit the dog to bark or howl, or in any other
way unduly disturb the quiet of anyone anywhere in the Municipality.
Regulations regarding Noise shall apply as they appear in any RM of La
Broquerie Noise By-Law.
d. No Owner of a dog shall permit the 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.
e. No Owner of a dog shall permit the 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.
f.
No Owner of a dog shall 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 IV.
Violation of this section can result in a continued offence being
committed and as such fines could be applied on a daily basis.
g. No Owner of a dog shall permit the dog to pursue, bite, wound or worry
any person or animal, whether or not on the property of the Owner.
h.
No Owner of a dog shall permit the dog to upset waste receptacles,
household garbage or otherwise litter.
i.
An Owner of a dog that has bitten a person must report the incident to
the Animal Control Officer /By- Law Enforcement Officer or the Chief
Administrative Officer within 48 hours.
10. PIT-BULLS
a. Any Pit-Bull within the Rural Municipality of La Broquerie is and shall be
conclusively deemed a dangerous dog/aggressor dog.
b. The owner of a Pit-Bull shall remove the dog from the Rural Municipality
of La Broquerie forthwith and provide sufficient evidence thereof to the
Municipality, or deliver the dog to the pound for destruction.
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11. REDEMPTION
Unless an impounded dog is determined to be a Dangerous Animal, the
Owner of any Dog, impounded by the Animal Control Officer / By-Law
Enforcement Officer may be redeemed within 3 days of the apprehension and
impoundment by applying to the Poundkeeper for redemption and paying:
a)
the impoundment fine as set out in Schedule A;
b)
the pound fee calculated by using the actual costs of the Pound Keeper.
12. MAXIMUM NUMBER OF DOGS
A person shall not own, harbour, keep or have in possession or control
more than 2 dogs.
This does not apply to any premises occupied by a duly qualified veterinarian
surgeon for the practice of the owners profession, a bona fide pet store
operated in commercial premises, or commercial or licensed kennels; providing
in all cases that they are permitted under the Zoning By-Law and operating in
compliance with it.
13. LICENSING OF DOGS:
Kennel Fees:
a)
the commercial dog kennel license fees shall be set at $150.00 per year.
Licensing: Dog Licensing to begin effective January 1, 2017.
Urban Centres (Village of La Broquerie, Marchand, Zhoda) and Rural
Residential Areas:
a.
The owner of every dog over the age of six (6) months shall obtain and
renew annually, a license to keep the dog, which license shall require the
payment of the annual fee as set out in Schedule D hereto attached. The owner
shall ensure that the license tag issued for the dog is securely fastened to a collar
worn around the neck of the dog in respect of which the tag was issued. Any
failure to obtain or keep current the required license or to ensure that the license
tag issued for the dog is securely fastened to the dog's collar shall constitute an
offense under this By-Law.
b.
The required dog license may be sold by the Animal Control Officer/Animal
Control Officer / By-Law Enforcement Officer, Administration of the Municipality,
by any veterinary clinic or animal hospital within the area of the Rural Municipality
of La Broquerie which is designated by Council as a veterinary clinic or animal
hospital eligible as a vendor of such licenses or by any other vendor designated
by the Municipality.
c.
The license fee hereby imposed shall be due and payable on the 1st day of
January in each year and shall expire on the 31st day of December in the year in
which the license fee was levied and paid.
d.
Where the license tag is lost or damaged, the owner shall forthwith apply for
a replacement license tag, the cost of which is set out in Schedule D hereto
attached.
e.
Where a change in ownership of a dog licensed hereunder occurs during the
license year, the new owner shall, within thirty (30) days of acquiring the dog,
have the current license transferred to his name upon payment of the transfer fee
prescribed in Schedule D hereto attached. Any failure to report a change in
ownership or to pay the prescribed
f.
transfer fee shall constitute an offense under this By-Law.
g.
Every dog owner must produce, before a license is issued or renewed for the
dog, evidence of a current rabies vaccination status for that dog from a licensed
veterinarian.
h.
A dog owner does not have to produce evidence of a current rabies
vaccination status in order to obtain or renew a license in respect of his dog if he
can produce a statement in writing signed by a licensed veterinarian certifying
that the dog cannot be vaccinated for rabies for medical reasons.
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14. DOG KENNELS
(a) No more than two dogs over the age of 3 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 of
the opinion that the operation of such dog kennel may be injurious riots to the
interest of occupants or owners 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 on the 31st day of December next after
the license became effective.
(e) Any person who intends to establish a commercial dog kennel shall apply in
writing to the Chief Administrative Officer the location of the kennel, the
number of dogs to be kept and the intended purpose of the commercial dog
kennel in accordance with the Zoning By-Law.
PART IV - DANGEROUS DOGS/AGGRESSOR DOGS
15. DANGEROUS DOGS/AGGRESSOR DOGS
1) The Animal Control Officer / By-Law Enforcement Officer will apprehend,
impound and place in quarantine any dog that he or she has reason to believe
has bitten a person (Dangerous Dog/Aggressor Dog). If in the Animal Control
Officer / By-Law Enforcement Officer's discretion, such action in respect of the
dog is necessary for the protection of the public; 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 and under the control of a qualified dog
handler.
2) The Owner of the Dangerous Dog/Aggressor Dog must surrender it to the
Animal Control Officer / By-Law Enforcement Officer on request. If the dog is
not voluntarily surrendered to the Animal Control Officer / By- Law
Enforcement Officer by the Owner, the Animal Control Officer / By-Law
Enforcement Officer shall be empowered to apprehend and impound the
Dangerous Dog/Aggressor Dog and, if necessary, to apply to a provincial
court judge, magistrate or justice of the peace, as required, in order to obtain
authorization to enter the personal residence of the Owner for the purpose of
apprehending and impounding the dangerous dog.
3) Any Dangerous Dog/Aggressor Dog so apprehended and impounded at the
Pound shall be quarantined for a minimum of 10 consecutive days at the
Owner's expense, commencing from the date of impoundment (the "quarantine
period").
4) If, in the opinion of a licensed veterinarian, the animal impounded poses no
health risk, the animal may be released to the Owner prior to the completion of a
10 day mandatory quarantine.
5) Subject to a determination by the Animal Control Officer / By-Law Enforcement
Officer pursuant to subsection
7) below that the animal is not a Dangerous Dog/Aggressor Dog, the 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 together with any costs, fees or fines
assessed against the Owner hereunder. In the event that the Owner fails to
redeem the Dangerous Dog/Aggressor Dog from the Pound within three (3)
days after expiry of the quarantine period, the animal shall be sold or
humanely euthanized at the discretion of the poundkeeper.
6) The head of any Dangerous Dog/Aggressor Dog quarantined for biting that dies
while quarantined and prior to the veterinary examination required pursuant to
subsection 7) below, shall be submitted to the Canadian Food Inspection
Agency for rabies examination.
7) Every Dangerous Dog/Aggressor Dog shall be examined by a licensed
veterinarian approved by the Animal Control Officer / By-Law Enforcement
Officer prior to release from quarantine. The determination as to whether or not
the Dangerous Dog/Aggressor Dog can be released from quarantine or must
be humanely euthanized, shall be at the discretion of the Animal Control
Officer / By- Law Enforcement Officer and/or Council based upon the following
factors:
a) the medical report of the licensed veterinarian who has examined the
Dangerous Dog/Aggressor Dog;
b) whether or not the public health authorities are prepared to consent to the
release of the Dangerous Dog/Aggressor Dog;
c) the severity of the bite incident, the circumstances surrounding the incident and
the consequences of the incident;
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d) whether or not the Dangerous Dog/Aggressor Dog is, in the opinion of the
Animal Control Officer / By- Law Enforcement Officer, a Dangerous
Dog/Aggressor Dog and, if yes, whether a condition imposed under section 14
have been complied with;
e) proof that the Dangerous Dog/Aggressor Dog does not have rabies, and that the
Dangerous Dog/Aggressor Dog has a Current Rabies Vaccination status at
the date of the bite incident.
16. DETERMINATION THAT A DOG IS A DANGEROUS DOG
1. Animal Control Officer / By-Law Enforcement Officer to Arrange Hearing
Where the Animal Control Officer / By-Law Enforcement Officer has reason to
believe that a dog is a Dangerous Dog, he or she shall arrange a hearing before
Council to determine whether or not the said animal should be declared a
Dangerous Dog. In the event that an Owner voluntarily accepts the Dangerous
Dog declaration and the recommended disposition of the matter made by the
Animal Control Officer / By-Law Enforcement 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.
2. Quarantine
Where it is deemed necessary by the Animal Control Officer / By-Law
Enforcement Officer to protect the public or other animals pending the decision
of Council, the Animal Control Officer / By-Law Enforcement Officer may:
i) require that the animal be quarantined in the Pound until the Animal Control
Officer / By-Law Enforcement 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 any conditions required to protect the public or other animals, not
limited to dogs, upon the Owner's custody of the animal, which conditions shall
apply until the Animal Control Officer / By-Law Enforcement Officer determines
that it is safe to remove the conditions or until Council hears the matter and
issues its determination.
3. Notice of Hearing
The Municipality shall provide written notice of the hearing to the Owner of
the dog at least three 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 Animal Control Officer / By-Law Enforcement Officer shall be
entitled to mail the said notice to the last address provided by the Owner to
the Municipality. The notice shall include the following minimum information:
i) the time, place and purpose of the hearing;
ii) a summary of the reasons in support of the allegation that the animal is
dangerous;
iii) a copy of this By-Law; and
iv) a statement that if the Owner does not attend the hearing, the matter will be
dealt with in the Owner's absence and that he or she will not be entitled to any
further notice or appeal in regard to the proceedings concerning the animal.
4. Dog to be Confined Pending Final Outcome of
Hearing
i) Every Owner who has received notification from the Municipality pursuant to
subsection 3 above that a determination hearing will be held with respect to their
animal, shall ensure that the animal remains confined upon the Premises of the
Owner pending the final outcome of the hearing.
ii) Subsection i) above shall not apply if the animal is impounded or the Animal
Control Officer / By-Law Enforcement Officer receives written confirmation from
a licensed veterinarian that the animal has been placed in quarantine pending
outcome of the hearing.
5. Hearing
a) The Owner has the right to appear at the hearing, with or without counsel, and
to make submissions to Council and call evidence. 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 / By-Law Enforcement Officer and to
inspect any documents filed by or on behalf of the Animal Control Officer / By-
Law Enforcement 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 Section 15, Council shall be entitled to deal
with the matter in the Owner's absence, and the Owner shall not be entitled to
any further notice or appeal in regard to the proceedings concerning the dog.
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 3) above.
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6. Decision of Council
Within five (5) working days of the hearing, Council shall issue a written
decision in accordance with the following provisions:
a) Council shall make an order declaring the dog to be a Dangerous dog if in their
opinion:
i)
the dog has caused injury to or killed a person, whether on public or private
property; or
ii) the dog has seriously injured or killed any other domestic animal, or any
livestock without provocation; or
iii) the dog is used primarily for the purpose of guarding property and is not a
police service dog owned by a public law enforcement agency.
b) Council may make an order declaring the dog to be a Dangerous dog if, in their
opinion, there is a material risk that the dog may cause damage or injury to a
person or property or any other animal, taking the following non-exhaustive
factors into account:
i)
whether the dog has worried, bitten, wounded or injured any person or animal,
or is otherwise a Dangerous Dog/Aggressor Dog;
ii) the circumstances surrounding any previous worrying, biting or wounding
incidents; and
iii) whether the dog, 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.
c) Council shall deliver a copy of their decision to the Owner in the manner
provided in subsection 3. There shall be no obligation upon Council to issue
written reasons for their decision.
17. CONSEQUENCES OF DANGEROUS DOG DECLARATION
Council shall determine whether the Dangerous Animal should be humanely
euthanized or released to the Owner subject to any conditions that Council
deems appropriate including that it be removed from the Municipality.
18. DESTRUCTION OF DANGEROUS DOG/AGGRESSOR DOG
a) 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 Dangerous Dog/Aggressor Dog has caused injury or damage
to any person, property or any other animal, or if the Animal Control Officer /
By-Law Enforcement 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 / By-Law Enforcement 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, not limited to dogs
the Animal Control Officer / By-Law Enforcement 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.
b) When the Animal Control Officer / By-Law Enforcement Officer impounds an
animal under this section for the purpose of destruction of the animal, he or
she shall give the Owner written notice, delivered to the last known address of
the Owner, that the animal will be humanely euthanized after the expiry of 10
consecutive days from the date of the notice. The Owner may, during that time
period, appeal the decision of the Animal Control Officer / By-Law Enforcement
Officer to Council by providing notice in writing to the Chief Administrative
Officer, in which case Council shall hold a hearing at a regularly scheduled or
special meeting of Council as to whether or not the animal should be humanely
euthanized, which hearing shall be carried out in accordance with the
provisions of section 15 hereof. The animal shall remain quarantined in the
Pound pending the outcome of the hearing. All related costs will be the
responsibility of the Owner.
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PART V - GENERAL PROVISIONS
19. a) Interference with Enforcement
It shall be an offence under this By-Law for a person to interfere or
obstruct any attempt by the Animal Control Officer / By-Law Enforcement
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 /
By- Law Enforcement 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.
b)
Right of Entry
1)
The Animal Control Officer / By-Law Enforcement 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 license or 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.
2)
The Owner of any dog that has bitten any person or any other animal shall
present the said animal to the door of his or her dwelling upon the request of the
Animal Control Officer / By-Law Enforcement Officer, to assist the Animal
Control Officer / By-Law Enforcement Officer to apprehend and impound the
said animal.
c)
Complainant Identification
Any person who makes a complaint alleging an offence under this By-Law
against another person shall provide to the Animal Control Officer / By-Law
Enforcement Officer his or her name, address and telephone number. It shall
be at the discretion of the Animal Control Officer / By-Law Enforcement Officer
whether or not to proceed based on an anonymous complaint or information.
20. PENALTIES
1)
Any person who contravenes any provision of this By-law is guilty of an
offence and is liable to fines as shown in Schedule A.
2)
Any person who interferes with or obstructs the duties of an Animal
Control Officer / By-Law Enforcement Officer, a Poundkeeper or any other
person authorized to enforce any provisions of this By-Law, or who unlawfully
enters any Pound or unlawfully removes any animal impounded, is guilty of an
offence and is liable:
a)
To a fine of not less than $500.00 and not more than $1,000.00, per dog per
day that the offence continues, plus all applicable costs and penalties.
3)
The costs of any action taken by the Municipality hereof are a debt owing
to the Municipality by the person who contravened this By-law and, in the event
of non-payment, is collectible by the Municipality in the same manner as a tax
may be collected or enforced under the Municipal Act.
4)
Where a corporation commits an offence 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 offence, is likewise guilty of the offence and liable for the penalties provided
for herein.
21. AMENDMENT
Council may amend this By-Law by resolution.
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22. REPEAL OF BY-LAWS
By-Law No. 8-2006 is hereby repealed.
DONE AND PASSED by the Council of the Rural Municipality of La
Broquerie in Council duly assembled in LUD of La Broquerie, Manitoba, this
10th day of August A.D. 2016.
______________________
______________________
Reeve
Chief Administrative Officer
Read a first time this 13th day of January A.D. 2016
Read a second time this 10th day of August A.D.2016.
Read a third time this 10th day of August A.D.2016.
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Schedule A
Rural Municipality of
LaBroquerie
By-Law No. 6-2016 Dog Control
By-Law Schedule A -
Impoundment Fees and Fines
For dogs that are apprehended for running at large or that was for any other
reason, impounded by the Animal Control / Animal Control Officer / By-Law
Enforcement Officer to be remitted to the Municipality:
For first impoundment, flat fee:
$75.00
For each day of impoundment, add: $15.00
For second impoundment, flat fee: $150.00
(if occuring within 12 months of the first
offence) For each day of impoundment,
add:
$15.00
Impoundment fees for dangerous animals, quarantined animals and other: Actual Costs.
For dogs that are apprehended for running at large or that was for any
other reason, impounded by the Animal Control Officer / By-Law Enforcement
Officer to be retained by the Animal Control Officer / By-Law Enforcement
Officer.
For each day of impoundment
$17.00
Apprehension fee
$50.00
Impoundment and fee (see section 20, Penalties)
Penalties per dog
Offences as described in
section 9
First Offence
Second Offence
Third Offence
Subsequent
offences
Running at large (a)
$100.00
$250.00
$500.00
$500.00
Improper Defecation (c)
$50.00
$100.00
$250.00
$250.00
Property damage (e)
$75.00
$150.00
$300.00
$500.00
Harbour dangerous dog (f)
$100.00
$250.00
$500.00
$500.00
Bite, worry or wound (g)
$150.00
$300.00
$500.00
$1,000.00
Upset waste receptacles (j)
$50.00
$100.00
$250.00
$250.00
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Rural Municipality of
La Broquerie
By-Law No. 6-2016 Animal Control
By-Law Schedule B
Notice of Impoundment
Name and Address of Animal Owner:
Description of Animal:
Date of Apprehension:
Time of Apprehension:
Location Animal Apprehended:
Place of Impoundment:
Hours of Operation of Pound:
Phone No of Pound:
Daily Pound Fee:
Impoundment Fee and/or Fine:
Method of Payment Required:
Day the animal will be sold or destroyed:
Date:
Enforcement Officer:
Signature:
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Schedule C
BULL TERRIER
White
The Bull Terrier must be strongly built, muscular, symmetrical and active, with a keen
determined and intelligent expression, full of fire but of sweet disposition and amenable to
discipline.
Head Should be long, strong and deep right to the end of the muzzle, but not coarse. Full face
it should be oval in outline and be filled completely up giving the impression of fullness with a
surface devoid of hollows or indentations, i.e., egg shaped. In profile it should curve gently
downwards from the top of the skull to the tip of the nose. The forehead should be flat across
from ear to ear. The distance from the tip of the nose to the eyes should be perceptibly greater
than that from the eyes to the top of the skull. The underjaw should be deep and well defined.
Lips Should be clean and tight.
Teeth Should meet in either a level or in a scissors bite. In the scissors bite the upper teeth
should fit in front of and closely against the lower teeth, and they should be sound, strong and
perfectly regular.
Ears Should be small, thin and placed close together. They should be capable of being held
stiffly erect, when they should point upwards.
Eyes Should be well sunken and as dark as possible, with a piercing glint and they should be
small, triangular and obliquely placed; set near together and high up on the dog's head. Blue
eyes are a disqualification.
Nose Should be black, with well-developed nostrils bent downward at the tip.
Neck Should be very muscular, long, arched and clean, tapering from the shoulders to the head
and it should be free from loose skin.
Chest Should be broad when viewed from in front, and there should be great depth from
withers to brisket, so that the latter is nearer the ground than the belly.
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Body Should be well rounded with marked spring of rib, the back should be short and strong.
The back ribs deep. Slightly arched over the loin. The shoulders should be strong and muscular
but without heaviness. The shoulder blades should be wide and flat and there
should be a very pronounced backward slope from the bottom edge of the blade to the top
edge. Behind the shoulders there should be no slackness or dip at the withers. The underline
from the brisket to the belly should form a graceful upward curve.
Legs Should be big boned but not to the point of coarseness; the forelegs should be of
moderate length, perfectly straight, and the dog must stand firmly upon them. The elbows must
turn neither in nor out, and the pasterns should be strong and upright. The hind legs should be
parallel viewed from behind. The thighs very muscular with hocks well let down. Hind
pasterns short and upright. The stifle joint should be well bent with a well-developed second
thigh.
Feet Round and compact with well-arched toes like a cat.
Tail Should be short, set on low, fine, and ideally should be carried horizontally. It should be
thick where it joins the body, and should taper to a fine point.
Coat Should be short, flat, harsh to the touch and with a fine gloss. The dog's skin should fit
tightly.
Color Is white though markings on the head are permissible. Any markings elsewhere on the
coat are to be severely faulted. Skin pigmentation is not to be penalized.
Movement The dog shall move smoothly, covering the ground with free, easy strides, fore and
hind legs should move parallel each to each when viewed from in front or behind. The forelegs
reaching out well and the hind legs moving smoothly at the hip and flexing well at the stifle
and hock. The dog should move compactly and in one piece but with a typical jaunty air that
suggests agility and power.
Faults Any departure from the foregoing points shall be considered a fault and the seriousness
of the fault shall be in exact proportion to its degree, i.e. a very crooked front is a very bad
fault; a rather crooked front is a rather bad fault; and a slightly crooked front is a slight fault.
Disqualification Blue eyes.
Colored
The Standard for the Colored Variety is the same as for the White except for the sub head
"Color" which reads: Color. Any color other than white, or any color with white markings.
Other things being equal, the preferred color is brindle. A dog which is predominantly white
shall be disqualified.
Disqualifications Blue eyes. Any dog which is predominantly white.
Approved July 9, 1974
http://images.akc.org/pdf/breeds/standards/BullTerrier.pdf
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STAFFORDSHIRE BULL TERRIER
General Appearance The Staffordshire Bull Terrier is a smooth-coated dog. It should be of
great strength for its size and, although muscular, should be active and agile.
Size, Proportion, Substance Height at shoulder: 14 to 16 inches. Weight: Dogs, 28 to 38
pounds; bitches, 24 to 34 pounds, these heights being related to weights. Non-conformity with
these limits is a fault. In proportion, the length of back, from withers to tail set, is equal to the
distance from withers to ground.
Head Short, deep through, broad skull, very pronounced cheek muscles, distinct stop, short
foreface, black nose. Pink (Dudley) nose to be considered a serious fault. Eyes--Dark
preferable, but may bear some relation to coat color. Round, of medium size, and set to look
straight ahead. Light eyes or pink eye rims to be considered a fault, except that where the coat
surrounding the eye is white the eye rim may be pink. Ears--Rose or half-pricked and not
large. Full drop or full prick to be considered a serious fault. Mouth--A bite in which the outer
side of the lower incisors touches the inner side of the upper incisors. The lips should be tight
and clean. The badly undershot or overshot bite is a serious fault.
Neck, Topline, Body The neck is muscular, rather short, clean in outline and gradually
widening toward the shoulders. The body is close coupled, with a level topline, wide front,
deep brisket and well sprung ribs being rather light in the loins. The tail is undocked, of
medium length, low set, tapering to a point and carried rather low. It should not curl much and
may be likened to an old-fashioned pump handle. A tail that is too long or badly curled is a
fault.
Forequarters Legs straight and well boned, set rather far apart, without looseness at the
shoulders and showing no weakness at the pasterns, from which point the feet turn out a little.
Dewclaws on the forelegs may be removed. The feet should be well padded, strong and of
medium size.
Hindquarters The hindquarters should be well muscled, hocks let down with stifles well bent.
Legs should be parallel when viewed from behind. Dewclaws, if any, on the hind legs are
generally removed. Feet as in front.
Coat Smooth, short and close to the skin, not to be trimmed or de-whiskered.
Color Red, fawn, white, black or blue, or any of these colors with white. Any shade of brindle
or any shade of brindle with white. Black-and-tan or liver color to be disqualified.
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Gait Free, powerful and agile with economy of effort. Legs moving parallel when viewed from
front or rear. Discernible drive from hind legs.
Temperament From the past history of the Staffordshire Bull Terrier, the modern dog draws
its character of indomitable courage, high intelligence, and tenacity. This, coupled with its
affection for its friends, and children in particular, its off-duty quietness and trustworthy
stability, makes it a foremost all-purpose dog.
Disqualification Black-and-tan or liver color.
Approved November 14, 1989 Effective January 1, 1990
http://images.akc.org/pdf/breeds/standards/StaffordshireBullTerrier.pdf
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American Bull Terrier
BREED DESCRIPTION & INFORMATION
Venus
Photo courtesy of Zoe Lees
Breed Registries:
United Kennel Club (UKC) - Terriers
Note: In North America, the American Pit Bull Terrier
has been recognized under this name by the United
Kennel Club (UKC) since 1898. Starting in 1936, the
American
Kennel Club (AKC) accepted for
registration in the AKC Stud Book, the breed known
as Staffordshire Terrier. However, to avoid confusion
with the Staffordshire Bull Terrier, the name was
changed effective 1 January 1972 to the American
Staffordshire Terrier. The Staffordshire Bull Terrier
gained official acceptance by the AKC in 1974. The
Canadian Kennel Club (CKC) does not recognize the
American Pit Bull Terrier, however both the American
Staffordshire Terrier and the Staffordshire Bull Terrier
are officially recognized in the Terrier group. The
Staffordshire Bull Terrier is acknowledged as a breed
of British origin and was officially recognized by the
CKC in 1953.
For further details about dog registries, please see the
document: Dog Breed Registries in North America.
Height:
Males: 18 to 19 inches at the shoulder; Females: 17 to 18 inches
Weight:
Ranges from 50 to 75 lbs - Height and Weight should be in proportion.
Breed Profile:
The development of the American Pit Bull Terrier started sometime during the 19th century in
the United Kingdom with the cross of "Bully" type dogs and Terriers with the aim of
developing a dog who had the combination of a Terrier's gameness with the strength and
athletics of the Bulldog. This resulted in today's American Pit Bull Terrier -- a dog of strength,
courage, and gentleness with loved ones. Early "Pit Bulls" were used for bull baiting and dog
fighting. After being imported into the United States, farmers and ranchers took notice of the
APBT and used them for protection, as hunters, to drive livestock and as family companions.
Today, the American Pit Bull Terrier is seen competing in Obedience, Tracking, Agility,
Weight Pulling, Conformation as well as working in Protection.
The APBT is a solidly built, medium-sized dog. He is both powerful and athletic. The
American Pit Bull Terrier is confident, courageous, eager to please and makes an excellent
family companion. He is, however, not the dog for everyone and socialization and obedience
training is an absolute must.
One of the major characteristics of the APBT is his "gameness" -- the determination to master
a situation and never back down. This is what allowed the original "Pit Bulls" to continue
fighting for hours even after severe injury or exhaustion. Today, this characteristic gives the
APBT a "can-do" attitude toward many challenges, such as agility and weight pull. A dog with
this quality is generally stable and easy going and this should not be confused with
aggressiveness.
The term "Pit Bull" is often used to refer to several different breeds of dogs. The most common
are the American Staffordshire Terrier, the Staffordshire Bull Terrier and the American
Pit Bull Terrier. Some believe that these breeds of dogs all originally came from the same pit
fighting stock over 100 years ago but have been bred to differing standards and are now known
as distinct and separate breeds. Others believe that these dogs are simply different strains of the
same breed. History aside and whether or not they are distinct breeds, if well bred, they all
share the Bulldog as a common ancestor. Contrary to popular belief, the APBT is very human-
friendly and is not naturally aggressive towards humans. They are, however, extremely loyal
and eager to please. Therefore, if trained by an owner to be aggressive toward humans, there is
a possibility that the dog may become aggressive toward humans.
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Schedule D
LICENSE FEES
By-Law No. 6-2016
Annual fees
For each spayed female or neutered male dog
$15.00
For each intact male dog
$25.00
For each non spayed female dog
$25.00
Replacement tag
$ 5.00
Transfer license (address change)
$ 5.00