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Rural Municipality of Ochre River
Animal Control By-Law
BY-LAW NO. 2/2009
Being a By-Law to provide for the regulation and control of
animals within the limits of the Rural Municipality of Ochre River
Part I: Authority
WHEREAS subsection 232(1) of The Municipal Act, S.M. 1996, c. 58 (the "Act")
provides, in relevant part, as follows:
Spheres of jurisdiction
232(1) A council may pass by-laws for municipal purposes respecting the
following matters:
(a) the safety, health, protection and well-being of people and the
safety and protection of property;
...
(k) wild and domestic animals and activities in relation to them,
including by-laws differentiating on the basis of sex, breed,
size or weight;
...
(o) the enforcement of by-laws.
AND WHEREAS subsection 232(2) of the Act provides, in relevant part, as follows:
Exercising By-Law-making powers
232(2) without limiting the generality of subsection (1), a council may in a
by-law passed under this Division
(a) regulate or prohibit;
...
(f) except where a right of appeal is already provided in this or any
other Act, provide for an appeal and the body that is to decide
the appeal, and related matters.
AND WHEREAS, subsection 236(1) of the Act provides, in relevant part, as follows:
Content of by-laws under clause 232 (1)(o)
236(1) Without limiting the generally of clause 232(1)(o) (enforcement of
by-laws), a by-law passed under that clause may include provisions
(a) providing for procedures, including inspections, for
determining whether by-laws are being complied with; and
(b) remedying contravention of by-laws, including
(i)
creating offenses,
(ii)
subject to the regulations, providing for fines and
penalties, including the imposition of a penalty for an
offense that is in addition to a fine or imprisonment, so
long as the penalty relates to a fee, rate, toll, charge or
cost that is associated with the conduct that gives rise to
the offense, or related to enforcing the by-law,
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(iii)
providing that an amount owing under subclause (ii)
may be collected in any manner in which a tax may be
collected or enforced under this Act,
(iv)
seizing, removing, impounding, confiscating and selling
or otherwise disposing of plants, animals, vehicles,
other things related to a contravention,
(v)
charging and collecting costs incurred in respect of
acting under subclause (iv),
(vi)
imposing a sentence of imprisonment for not more than
six months for the commission of offenses or
nonpayment of fines.
AND WHEREAS subsections 5(1), (2) and (3) of The Animal Liability Act, S.M. 1998 c.
8 provide, in relevant part, as follows:
Animals not to run at large
5(1)
Except when permitted by a municipal by-law passed in accordance with
The Municipal Act or a by-law of a local government district passed in accordance
with The Local Government Districts Act, no owner or person in charge of an
animal shall allow it to run at large.
By-Law does not limit owner's liability
5(2)
An owner's liability under section 2 is not limited or otherwise affected by
a by-law referred to in subsection (1).
Municipality or LGD not liable by reason only of making By-Law
5(3)
A municipality or local government district that makes a by-law referred
to in subsection (1) is not liable, by reason only of having made the by-law, for
damages for any harm that an animal causes to a person or property while running
at large in the manner permitted under the by-law.
AND WHEREAS, subsections 31(1) and (2) of the Diseases and Dead Bodies
Regulation, 338/88R of The Public Health Act, R.S.M. 1987 c. P210 provide, in relevant
part, as follows:
31(1) In the event of an animal bite to a person in which a physician determines
that there is a possibility of transmission of rabies, the person bitten or any duly
qualified medical practitioner or registered nurse attending that person shall
forthwith notify the medical officer of health or the animal control officer of the
municipality in which the biting incident occurred or a peace officer of the details
of the biting incident.
31(2) An animal control officer or peace officer receiving a report pursuant to
subsection (1) shall notify the medical officer of health of the details of the report
at the earliest possible opportunity.
PART II: DEFINITIONS AND INTERPRETATION
By-Law Name
1(1)
This By-Law may be referred to as the "Animal Control By-Law".
Definitions
1(2)
In this By-Law, unless the context otherwise requires,
"aggressor animal" shall have the meaning ascribed thereto in section 11 of this
By-Law
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"animal control officer" means the person appointed by Council to enforce the
provisions of this By-Law, and includes any person acting as an assistant to, or
under the direction of, the animal control officer authorized by the Council.
"cat" means any member of the genus Felis domesticus (domestic Cat).
"Council" means the Council of the Municipality of Ochre River.
"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 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.
"dangerous animal" 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 12 of this By-Law.
"densely populated area" means Ochre River Village, Makinak Village,
Crescent Cove, Dauphin Beach, Laguna Beach, Ochre Beach, Oako Beach, or any
other subdivision in the municipality that creates people living in close contact
with one another.
"dog" means any member of the genus canis Familiaris (domestic dog).
"domestic pet" means any animal other than a dog or cat that has been
domesticated and is kept or harboured within the Municipality;
"livestock" means:
(a)
animals kept for the purpose of:
(i)
production of meat,
(ii)
production of other products from the animals, or
(iii)
herding, protection of livestock 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 (a)(i),
(ii) or (iii) of this definition; and
(c)
any other animal determined by the animal control officer to be livestock
for the purposes of this By-Law;
whether or not intended for profit and including, without limitation:
(d)
dairy cattle and beef cattle, goats, sheep, bison and horses;
(e)
swine (including, wild boar);
(f)
all cervids on game production farms;
(g)
all of the family Camilidae (including, Llamas and Alpacas);
(h)
all domestic poultry (including, chickens, turkeys, ducks and geese);
(i)
specialty fowl (including, guinea fowls); and
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(j)
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 Ochre River.
"owner" includes any person who owns, keeps, harbours or has possession or
control of an animal or who owns, lease or occupies, either solely or jointly with
others, any premises containing the animal or which contained the animal
immediately prior to an attack by the animal or apprehension of the animal by the
animal control officer or any other person.
"person" includes a firm or corporation.
"Pit Bull dog" means
(i)
Pit Bull Terrier; or
(ii)
Staffordshire Bull Terrier; or
(iii)
American Staffordshire Terrier; or
(iv)
American Pit Bull Terrier; or
(v)
Any dog which has the appearance and physical characteristics
predominantly conforming to the standards for any of the above
breeds, as established by the Canadian Kennel Club or the
American Kennel Club or the United Kennel Club and attached as
Schedule C, as determined by a veterinarian licensed to practice in
Manitoba.
"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 purpose of enforcing any provision of this By-Law.
"poundkeeper" means the person appointed by Council, whether on a temporary
or permanent basis, to operate and maintain a pound, and to carry out the duties of
a poundkeeper as set out in section 4 of this By-Law.
"restricted animal" means:
(a)
any member of the order Primate except a human being;
(b)
any member of the order Carnivora except dogs, cats and domestic
ferrets (mustela putorius furo), but including all hybrids of dogs
and cats;
(c)
any member of the order Crocodylia;
(d)
any constrictor snake, venomous snake or venomous reptile;.
(e)
any venomous amphibian;
(f)
any wild animal or wildlife as defined in The Wildlife Act; and
(g)
any other animal determined by the animal control officer to be a
restricted animal, other than a dog, cat or livestock.
"running at large" or "run at large" means, in relation to an animal, that the
animals 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.
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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(1)
Council may establish and maintain a pound for the impoundment and care of
animals apprehended pursuant to the enforcement of any provision of this By-
Law, or the Council may enter into an agreement with any person (including with
any other municipality, city, town or organization) to establish and maintain a
pound on their behalf. The costs associated with the pound operated by or for the
Municipality shall be paid out of the general funds of the Municipality.
Appointment of animal control officer
2(2)
Council may appoint one or more persons as animal control officer(s) to carry out
the enforcement of this By-Law. The animal control officer(s) so appointed may
be appointed on a temporary or permanent basis, and shall be paid out of the
general funds of the Municipality.
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 duties of the animal control officer:
(a)
to apprehend and confine at the pound, any animal running at large
within the Municipality contrary to the provisions of this By-Law.
(b)
to apprehend and confine at the pound, any dog or cat that is not
properly licensed.
(c)
to apprehend and confine any restricted animal being kept or
harboured by, or in the possession or control of, any person
contrary to the provisions of this By-Law, or running at large,
within the Municipality.
(d)
for purpose of investigating, taking into custody or impounding
enter onto private property.
(e)
to ensure that any restricted animal kept or harboured within the
Municipality is properly licensed by the Municipality, and to
apprehend and confine any such restricted animal that is not
properly licensed.
(f)
to apprehend and confine any dog, cat or any other domestic pet
which is running at large within the Municipality contrary to the
provisions of this By-Law, which is kept or harboured by, or in the
possession or control of, any person that is in breach of this By-
Law or any other laws or regulations pertaining to animals or the
conditions of any permit or license (including, without limitation, a
kennel permit or kennel license).
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(g)
to make reasonable attempt to notify the owner of every licensed
animal impounded, 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, license 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
animal is unlicensed, the animal will be sold, destroyed or
otherwise disposed of.
(h)
The animal control officer or poundkeeper may use a tranquilizer
gun for the purpose of capturing any animal found to be running at
large within the Municipality, provided however that if the animal
control officer or the 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.
(i) to enforce the provisions of this By-Law.
Duties of poundkeeper
4.
It shall be the duties of the poundkeeper:
(a)
To provide sufficient food and clean water, adequate shelter and a
safe and sanitary environment for every animal impounded.
(b)
To establish and maintain the pound in a manner in keeping with
The Animal Care Act (Manitoba), and without limiting the
generality of the foregoing, to discharge the duties of an owner as
set out in subsection 2(1) of The Animal Care Act (Manitoba)
while an animal is in the custody of the poundkeeper.
(c)
To keep a record of every animal impounded, which record shall
include the following minimum information:
(h)
a description in reasonable detail of the animal (including,
the approximate weight, height and color of the animal, as
well as the order and breed of the animal);
(ii)
the day and hour of its impoundment;
(iii)
the day and hour of its redemption, sale, disposition or
destruction, together with the details of redemption, sale,
disposition or destruction;
(iv)
the name and address of the owner (being the person to
whom the animal was sold or released), and the license
number on the animal's tag (if applicable);
(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 clerk of the Municipality shall
direct from time to time.
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(d)
To collect all fees charged by the pound, and to remit all monies
received by the pound to the Clerk of the Municipality, together
with such reports and statements as the said Clerk 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
Municiplaity has entered into a contract with a private party for the
operation of the pound, the minimum hold period established under
the poundkeeper's contract with the Municipality.
(f)
To make suitable arrangements for the temporary impoundment
and sale, disposition or destruction of any animal other than a dog,
cat or domestic pet that is apprehended within the Municipality,
including any restricted animal or wild animal within the meaning
of The Wildlife Act.
(g)
If, after expiration of the minimum period of impoundment set out
in paragraph (e), a dog, cat or other domestic pet has been
redeemed, it will be the duty of the poundkeeper to do one of the
following with the impounded animal:
(i)
sell or otherwise dispose of the impounded animal to any
person for an amount not less than the applicable pound
and license 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
(ii)
cause the impounded animal to be humanely destroyed;
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 destroyed.
(h)
The Municipality may vary the terms, conditions and duties of the
poundkeeper by contract with a private party, provided however
that the contract shall (and where absent in the contract, shall be
deemed to incorporate) as minimum provision, the duties of the
poundkeeper set out in paragraphs (a), (b) and (c) above, 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
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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
impound animal for an amount less that the applicable pound and
license fees, provided however that the poundkeeper shall remain
responsible to the Municipality for all amounts due to the
Municipality under its contract with the poundkeeper.
PART IV: DOGS, CATS AND OTHER DOMESTIC PETS
Licensing of dogs and cats
5(1)
The owner of every dog and cat in a densely populated area who is the owner of a
dog or cat over the age of four (4) months, shall obtain and renew annually, a
license to keep the dog or cat, which license shall require the payment of the
annual fee as set out in Schedule A hereto attached. The owner shall ensure that
the license tag issued for the dog or cat is securely fastened to a collar worn
around the neck of the dog or cat in respect of which the tag was issued within
twenty-four hours of receiving the license tag. Any failure to obtain or keep
current the required license or to ensure that the license tag issued for the dog or
cat is securely fastened to the dog or cat's collar shall constitute an offense under
this By-Law.
5(2)
The required dog or cat license will be sold by the Chief Administrative Officer or
any other designated employee of the Municipality. The Chief Administrative
Officer shall keep a Register showing the name of every owner who has paid the
said fee and the number of tags issued to such person in the year, together with a
brief description of each dog or cat in respect to which a tag was issued.
5(3)
No person shall be permitted to remove the collar or license tag from the dog or
cat without a lawful excuse, and any such removal shall constitute an offense
under this By-Law.
5(4)
The license fee hereby imposed shall be due and payable on the 15th day of
January in each year and shall expire on the 14th day of January in the year
following the year in which the license fee was levied and paid.
5(5)
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 A hereto
attached.
5(6)
Where a change in ownership of a dog or cat licensed hereunder occurs during the
license year, the new owner shall have the current license transferred to his or her
name upon payment of the transfer fee prescribed in Schedule A hereto attached.
Any failure to report a change in ownership or to pay the prescribed transfer fee
shall constitute an offense under this By-Law.
5(7)
Subsections 5(1), (2), (3), (4), (5) and (6) shall not apply to non-residents of the
Municipality who bring a dog or cat on a temporary visit into the Municipality,
provided however, that nothing in this subsection 5(7) shall authorize any person
to bring a dog or cat into the Municipality that is a dangerous animal or is vicious,
in heat, rabid or otherwise a risk to the public or to other animals within the
Municipality, nor does it authorize any person to allow the dog or cat to run at
large or otherwise create a nuisance within the Municipality.
5(8)
Subject to subsection 5(9) hereof, every dog or cat owner must produce, before a
license is issued or renewed for the dog or cat, evidence of a current rabies
vaccination status for that dog or cat from a licensed veterinarian.
5(9)
A dog or cat 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 or cat
if he can produce a statement in writing signed by a licensed veterinarian
certifying that the dog or cat cannot be vaccinated for rabies for medical reasons.
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Rabies Vaccination
5(10) Except where subsection 5(9) applies, the animal control officer may at any time
request that an owner provide proof that the owner's dog or cat has a current
rabies vaccination status and, if the owner cannot produce such proof, the animal
control officer may, in the case of a dog or cat, terminate the owner's dog or cat
license, and in the case of a dog or cat, the animal control officer may apprehend
and impound the dog or cat, and may charge the owner with an offense under this
By-Law.
Kennel Permits
6(1)
Any person who wishes to keep, harbour, possess or control that number of dogs
or cats in excess of the maximum number prescribed in section 10 hereof,
regardless of whether for profit or pleasure, shall apply in writing to the Council
for a kennel permit. The application must be accompanied by the application and
permit fees as set out in Schedule A hereto attached. Any person who keeps,
harbours, possesses or controls a number of dogs or cats in excess of the
maximum number prescribed in section 10 hereof without a valid kennel permit
shall have committed an offense under this By-Law.
6(2)
Council shall set a date to review any such application for a kennel permit at a
regularly scheduled Council meeting not less than thirty (30) days following
receipt of the completed application form, the application fee and permit fee for
the first year. Council shall notify the applicant and shall make reasonable
attempts to notify all property owners within a one mile radius of the premises
upon which the proposed kennel will be located [one block within a densely
populated area], of the application and the date of the hearing in respect of the
application.
6(3)
In determining whether or not to grant a kennel permit to an applicant, Council
shall consider all relevant factors, including the following factors:
(a)
the proposed maximum number of dogs and/or cats to be kept on the
premises;
(b)
the intended purpose for keeping the dogs and/or cats on the premises;
(c)
the steps which have been taken to ensure that the dogs and/or cats will be
adequately and safely housed;
(d)
the steps which have been taken to ensure that disturbances to neighbours
from excessive noise, odour, waste disposal, traffic and any other potential
nuisances are avoided;
(e)
any inspection report from the animal control officer or the poundkeeper
as may be requested by the Council;
(f)
any inspection report from the public health authorities or any other
authorities as may be requested by the Council;
(g)
any representatives made by the owner or on behalf of the owner either in
writing or at the meeting of Council where the application for a kennel
permit will be heard; and
(h)
any representations made by neighbours of the owner or any other
interested party, whether in writing or by oral submission at the meeting of
Council at which the application for a kennel permit is heard.
6(4)
A kennel permit issued to an applicant shall be valid for a period of one year from
the date of issuance. A permit-holder who wishes to renew a kennel permit shall
no later than thirty (30) days prior to the expiry date submit an application for
renewal to the Council on a form approved by Council and accompanied by the
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annual license fee as set out in Schedule A. Council shall review such renewal
application, and may, but shall not be required to, notify adjacent property owners
of the renewal application unless such renewal application materially differs from
the prior year's application submitted by the permit-holder or unless a written
objection is made to Council, in which case all adjacent property owners shall be
notified.
6(5)
Prior to revoking, suspending, refusing to renew, or imposing conditions upon, an
issued and outstanding kennel permit, the Council shall notify the holder of the
kennel permit and shall provide the said holder with the opportunity to make
representations to Council at a meeting of Council.
6(6)
Council may refuse to issue a kennel permit or may revoke or refuse to renew an
existing kennel permit or may modify the conditions which apply to an existing
kennel permit or may suspend an existing kennel permit at any time upon a
finding that:
(a)
a neighbour or any other party is exposed to a nuisance created by the
operation or maintenance of the kennel, including, without limitation,
excessive noise, noxious odour or excessive traffic;
(b)
this By-Law or any other law, regulation or rule pertaining to animal care
or environment matters, or any condition pertaining to the kennel permit,
have been or are being contravened, including, without limitation;
(c)
the premises are not maintained in a condition such that animal escapes
are prevented;
(d)
the holder of the kennel permit has breached the duties of an owner of
animals under The Animal Care Act (Manitoba) (whether or not he
actually owns all of the animals in his care), including, without limitation,
where the conditions in the kennel are unsafe or unsanitary for the
animals;
(e)
any inspection report from the public health authorities indicating that a
lack of cleanliness or sanitation in the kennel or the surrounding premises
presents a human health risk;
(f)
the premises are not licensed under The Animal Care Act (Manitoba), and
are required to be so licensed under the said Act; or
(g)
it is not in the public interest to allow the kennel or proposed kennel to
operate, or to continue to operate, as currently operated within the
Municipality.
6(7)
Upon refusal to grant or renew a kennel permit, or upon prescribing the conditions
of a kennel permit or modifying the conditions of a kennel permit or suspending
an owner's kennel permit, the owner shall be notified of the decision of Council
by registered mail. In the event that the owner's application for a new or renewed
kennel permit is denied, or the conditions of the owner's existing kennel permit
are modified such that the owner keeps, harbours or has possession or control
over a number of dogs and/or cats that exceeds the prescribed limit in this By-
Law or in the kennel permit, as applicable, the owner shall have thirty (30) days
to dispose of the dogs and/or cats over and above the applicable prescribed limit
or to make such other modifications as may be required by order of the Council.
6(8)
The animal control officer shall inspect the premises as soon as reasonably
possible after (30) days set out in subsection 6(7) hereof has elapsed to ensure
compliance with the order of the Council and the conditions imposed on the
existing kennel permit, if any. If the owner has failed to comply with any such
order or conditions, the animal control officer shall take all such lawful steps as
may be required, in his discretion, to bring the owner into compliance with this
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By-Law and any such order or conditions, including, without limitation,
apprehending and impounding any dogs and/or cats in excess of the applicable
prescribed limit to be dealt with in accordance with the duties of the poundkeeper
in section 4, except that the owner shall not be entitled to redeem the dogs and/or
cats apprehended if, to allow such a redemption, would again result in a
contravention of the provisions of this section 6.
6(9)
The Owner may appeal the apprehension and/or impoundment of any dogs and/or
cats under subsection 6(7) to the Council by notice of appeal in writing delivered
to the Clerk of the Municipality within three (3) days of the apprehension
(excluding Sundays and statutory holidays during which the pound is closed to the
public). This appeal shall be heard by Council at the next regularly scheduled
Council Meeting. The decision of Council is final. If the decision of Council is to
deny return of the impounded dogs and/or cats to the owner, the poundkeeper
shall arrange forthwith to sell or otherwise dispose of the said dogs and/or cats or
to humanely destroy the said dogs and/or cats. If the decision of Council is to
reverse the apprehension and impoundment, the owner shall, subject to payment
by the owner of all costs associated with the apprehension and impoundment of
the said dogs and/or cats and any licensing and permit fees properly charged to
the owner under this By-Law, recover the said animals.
6(10) The Council, or the animal control officer on their behalf, may request in writing
that the premises of the applicant or permit-holder be inspected by the animal
control officer or such other person as may be designated by Council or the
animal control officer, at any time upon reasonable notice, and the owner shall
comply with any such request. The failure by an owner to comply with such a
request shall constitute an offense under this By-Law and is grounds for refusing
to grant or renew a kennel permit or for revoking, suspending or placing
conditions upon an existing kennel permit.
6(11) Nothing in this By-Law shall be construed as obviating or overriding any
requirement under the laws of the Province of Manitoba to obtain a license or
licenses from the Government of Manitoba, and to comply with provincial
licensing requirements, in order to carry on business as a boarding kennel or a
commercial breeder of dogs, cats or any other animals.
Responsibility of Owners
7(1)
No owner shall:
(a)
permit his dog or cat to run at large. When a dog or cat 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 his dog or cat in any other way
disturb the quiet of any person or persons anywhere in the
Municipality.
(c)
permit his dog or cat to defecate on any public or private property
other than the property of its owner. Where a dog or cat defecates
on property other than the property of its owner, the owner shall
cause such excrement to be removed immediately.
(d)
permit his dog or cat to defecate on his property in a manner which
constitutes an environmental or health hazard or a nuisance for
neighbours.
(e)
permit his dog or cat to damage public property or private property
other than that of the owner. Where public or private property has
been damaged by a dog or cat, its owner shall be deemed to have
failed or refused to comply with this subsection.
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(f)
own, keep, harbour or have possession or control of any dog or cat
(other than a dog or cat that is under the age of four months or dog
that is a registered guide dog for the visually impaired) for which a
license has not been issued for the current license year.
(g)
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.
(h)
permit his dog or cat to disturb or annoy any person or persons
anywhere by pursuing, biting, wounding or worrying any person
or animal, whether or not on the property of the owner.
(i)
permit his dog or cat on any school ground or playground.
(j)
permit his dog or cat on public property (including parkland area)
unless the dog or cat is on a leash (which leash shall be no longer
than six (6) feet in length, fully extended) and is in the actual
custody and effective control of the owner or a person competent
to control it.
(k)
permit his dog or cat to upset waste receptacles or otherwise litter.
(l)
it is the responsibility of the dog or cat owner to have the animal
vaccinated against rabies.
7(2)
An owner of a registered guide dog that is visually impaired or any other person
who requires the assistance of a registered guide dog shall not be subject to the
restrictions imposed under subsections 7(1)(c), (f), (i) and (j).
Redemption
8.
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
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 or cat 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
9(1)
An owner of a domestic pet other than a dog or cat shall not allow the domestic
pet outside of the owner's premises unless the domestic pet is at all times while
outside of the owner's premises, under the immediate charge and effective control
of a person competent to control it. In the event that the animal alleged to be a
domestic pet is a restricted animal or is a wild animal within the meaning of The
Wildlife Act, no person shall be entitled to keep or harbour such animal within the
Municipality unless such person has been issued a permit by the Municipality
under section 16 of this By-Law, and also holds all other government licenses as
may be required, to keep or harbour the animal within the Municipality.
Dogs
9(2)
Subject to subsection 9(3) and the provisions of section 7, the owner of a dog
shall not permit the dog to be outside of the owner's premises unless: (a) the dog
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has a collar which has securely fastened to it a proper license tag that identifies a
valid license in respect of that dog; (b) the dog is on a leash that is less than six
(6) feet in length fully extended; and (c) the dog is under the immediate charge
and effective control of a person competent to control it.
9(3)
A female dog in heat shall be confined to the premises of the owner or a person
having control of the dog, or shall be housed in a licensed kennel, for the period
of time that the dog is in heat. The said dog's confinement shall be in such a
manner as to prevent any contract 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
9(4)
Subject to subsection 9(5) and the provisions of section 7, the owner of a cat shall
not permit the cat to be outside of the owner's premises unless (a) the cat has a
collar which has securely fastened to it a proper license tag that identifies a valid
license in respect of that cat; (b) the cat is on a leash that is less than six (6) feet in
length fully extended; and (c) the cat is under the immediate charge and effective
control of a person competent to control it.
9(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 licensed 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 prevent any contact between the cat in heat and any other cat except other
cats owned by the same owner.
Cat Trap
9(6)
Any person who wishes to obtain a trap to apprehend a cat running at large from
the poundkeeper or the animal control officer, shall:
(a)
provide to the poundkeeper or animal control officer, as applicable,
his or her name, address and telephone number;
(b)
agree to comply with the terms and conditions for the use of the
trap, including any terms and conditions governing the treatment
and disposition of any trapped cat, as may be imposed by the
poundkeeper or animal control officer, as applicable; and
(c)
pay any deposit and/or fee as may be authorized by Council from
time to time for use of the trap, as set out in Schedule A hereto
attached.
9(7)
Any person who fails to comply with the terms and conditions as set out in this
section 9 shall be guilty of an offense under this By-Law.
Maximum Number of Dogs or Cats
10(1) (a)
No person shall own, harbour, keep or have in his possession or control or
on his premises, more than two (2) dogs over the age of four (4) months,
regardless of the number of people who may be inhabiting the premises,
unless such person holds a valid kennel permit 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 two (2) cats over the age of four (4) months,
regardless of the number of people who may be inhabiting the premises,
unless such person holds a valid kennel permit authorizing him to own that
number of cats.
10(2) Subsection 10(1)(b) hereof shall not apply to premises which are zoned
agricultural, provided however, that where, in the discretion of the animal control
officer, the number of cats on any such premises constitutes a danger to the public
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or to the cats, the animal control officer may exercise his discretion to apprehend
and impound all or some of the cats.
PART V: DANGEROUS ANIMALS
Animal Bites
11(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; and
(b)
may apprehend, impound and place in quarantine any other domestic pet
that he has reason to believe has bitten a person if, 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, except
that this provision shall not apply to a police service dog owned by a public law
enforcement agency while on duty and under the control of a qualified dog
handler.
11(2) If the aggressor animal is not voluntarily surrendered to the animal control officer
by the owner, the animal control officer shall be empowered to apprehend and
impound the aggressor animal and, if necessary, to apply to a provincial court
judge, magistrate or justice of the peace, as required, in order to obtain an order to
enter the personal residence of the owner for the purpose of apprehending and
impounding the aggressor animal.
11(3) Any aggressor animal so apprehended and impounded at the pound shall, subject
to subsection 11(9) herein, be quarantined for a minimum of ten (10) days at the
owner's expense, commencing from the date of impoundment (the "quarantine
period").
11(4) The animal control officer may, in his discretion, authorize the owner of the
aggressor animal to quarantine the aggressor animal in a place other than the
pound, provided that such place is under the direct supervision of a licensed
veterinarian and that the aggressor animal must remain at such place at the
owner's expense for the quarantine period.
11(5) Subject to a determination by the animal control officer pursuant to subsection
11(8) hereof that the aggressor animal is not a dangerous animal, the aggressor
animal may be released to the owner after expiry of the prescribed quarantine
period upon payment by the owner to the poundkeeper of a pound fee calculated
at the daily rate set out in Schedule A hereto attached together with any costs or
fines assessed against the owner hereunder. In the event that the owner fails to
redeem the aggressor animal from the pound within three (3) days after expiry of
the quarantine period, the aggressor animal shall be sold, or otherwise disposed
of, or destroyed at the discretion of the poundkeeper.
11(6) The animal control officer shall keep a record of all bite incidents, identifying the
aggressor animal and the details of the incident, and such record may be used in
any hearing or appeal with respect to the dangerous animal provisions contained
herein.
11(7) The head of any aggressor animal quarantined for biting that dies while
quarantined and prior to the veterinary examination required pursuant to
subsection 11(8) hereof, shall be submitted to the Canadian Food Inspection
Agency for rabies examination.
11(8) Every aggressor animal shall be examined by a licensed veterinarian approved by
the animal control officer prior to release from quarantine. The determination as
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to whether or not the aggressor animal can be released from quarantine or must be
destroyed or otherwise disposed of, shall be at the discretion of the animal control
officer based upon the following factors:
(a)
the medical report of the licensed veterinarian who has examined the
aggressor animal;
(b)
whether or not the public health authorities are prepared to consent to the
release of the aggressor animal;
(c)
the severity of the bite incident, the circumstances surrounding the
incident and the consequences of the incident;
(d)
whether or not the aggressor animal is, in the opinion of the animal control
officer, a dangerous animal and, if yes, whether or not the provisions of
section 13 hereof have been complied with;
(e)
whether or not the aggressor animal is a restricted animal, and if yes,
whether or not the provisions of Part VII hereof have been complied with
by the owner; and
(f)
proof that the aggressor animal does not have rabies, and that the
aggressor animal has a current rabies vaccination status at the date of the
bite incident.
11(9) Notwithstanding the provisions of subsection 11(3) herein, it shall be within the
discretion of the animal control officer to release an aggressor animal prior to the
expiry of the quarantine period and to impose conditions upon the release of an
aggressor animal from quarantine, which conditions may include, without limiting
the generality of the foregoing:
(a)
the owner shall take the necessary measures to ensure that the aggressor
animal is confined to the owner's premises in such a manner as to prevent
escapes, and to ensure that all direct contact with other animals and
persons other than the owner is avoided;
(b)
the owner shall post in a conspicuous location at the entrance of the
premises where the aggressor animal is confined, a sign which reads
"Beware of Dangerous <type of aggressor animal>";
(c)
the owner shall submit the aggressor animal for veterinary examination
from time to time as may be prescribed by the animal control officer, and
shall report the results of any such veterinary examination to the animal
control officer;
(d)
the owner shall take out and pay for such liability insurance on the
aggressor animal as may be prescribed by the animal control officer;
(e)
the owner shall be responsible for all costs, fines and damages associated
with the aggressor animal, including the costs of impoundment,
quarantine, signage and veterinary fees, pound fees and license fees, and
any costs associated with liability to the victim or victims of the bite
incident;
(f)
such other conditions as the animal control officer may deem necessary or
advisable in the interests of public safety.
Determination that an animal is a dangerous animal
12(1) Where the animal control officer has reason to believe that an animal, including
but not limited to an aggressor animal under section 11, is a dangerous animal, he
shall arrange a hearing before Council at a regularly scheduled meeting of
Council to determine whether or not the said animal should be declared a
16
dangerous animal. In the event that an owner voluntarily accepts the dangerous
animal declaration and the recommended disposition of the matter made by the
animal control officer, a hearing before Council may be dispensed with, and the
recommended disposition of the matter shall constitute a final order in respect of
which there is no appeal.
12(2) Where it is deemed necessary by the animal control officer to protect the public or
other animals pending the decision of Council, the animal control officer may: (i)
require that the animal be quarantined in the pound until the earlier of the date
that the animal control officer determines that it is safe to release the animal to the
custody of the owner or until Council hears the matter and issues its
determination; or (ii) may impose all or any of the conditions set out in subsection
13(2) of this By-Law upon the owner's custody of the animal, which conditions
shall apply until the earlier of the date that the animal control officer determines
that it is safe to remove the conditions or until Council hears the matter and issues
its determination.
12(3) Council shall provide written notice of the hearing to the owner of the animal at
least ten (10) days in advance of the hearing by serving notice upon the owner or
by mailing the notice by registered mail to the last known address of the owner. 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 purpose of the hearing;
(b)
a summary of the reasons in support of the allegation that the animal is
dangerous;
(c)
a copy of this section 12 of the By-Law; and
(d)
a statement that if the owner does not attend the hearing, the matter will be
dealt with in his absence and that he will not be entitled to any further
notice or appeal in regard to the proceedings concerning the animal.
12(4) (a)
The owner has the right to appear at the hearing, with or without counsel,
and to make submissions to Council and call evidence (whether viva voce
or documentary) on his behalf. The owner also has the right to hear all of
the evidence and submissions presented at the hearing by or on behalf of
the animal control officer and to inspect any documents filed by or on
behalf of the animal control officer, and to respond to same.
(b)
Where the owner does not attend at the hearing, having been given notice
as provided in accordance with this section 12, Council shall be entitled to
deal with the matter in his absence, and the owner shall not be entitled to
any further notice or appeal in regard to the proceedings concerning the
animal. The owner shall be notified of the decision of Council by notice in
writing delivered by personal service or registered mail in the manner set
out in subsection 12(3) hereof.
12(5) Within five (5) working days of the hearing of Council, Council shall issue a
written decision in accordance with the following provisions:
(a)
The Council shall make an order declaring the animal to be a dangerous
animal if in their opinion:
(i)
the animal has caused injury to or killed a person, whether on
public or private property; or
(ii)
the animal has seriously injured or killed any other domestic
animal or any livestock without provocation; or
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(iii)
the animal is used primarily for the purpose of guarding property
and is not a police service dog owned by a public law enforcement
agency.
(b)
The Council may make an order declaring the animal to be a dangerous
animal if, in their opinion, there is a material risk that the animal may
cause damage or injury to person or property or any other animal, taking
the following non-exhaustive factors into account:
(i)
whether the animal has worried, bitten, wounded or injured any
person or animal, or is otherwise an aggressor animal;
(ii)
the circumstances surrounding any previous worrying, biting or
wounding incidents; and
(iii)
whether the animal, when unprovoked, has shown a tendency to
pursue, chase or approach in a menacing fashion, any person or
any other animal upon any public or private property.
12(6) The Council shall deliver a copy of their decision to the owner in the manner
provided in subsection 12(3). There shall be no obligation upon Council to issue
written reasons for their decision.
12(7) The decision of Council shall be final. There shall be no appeal from the decision
of Council.
12(8) In the event that a dog is declared by Council to be a dangerous animal, any
license previously issued in relation to that dog shall be deemed to have been
cancelled effective as of the date of Council's decision to declare the dog to be a
dangerous animal.
12(9) Where a license is deemed to have been cancelled pursuant to subsection 12(8)
hereof, the owner shall be entitled to a credit or refund on any paid-up license fee,
calculated on a quarterly pro rata basis. The Municipality may set-off against any
such refund, any fines, fees or costs owing by the owner under this By-Law.
12(10) Every owner who has received notification from Council pursuant to subsection
12(3) that a determination hearing will be held with respect to his animal, shall
ensure that the animal remains confined upon the premises of the owner pending
the final outcome of the hearing.
12(11) Subsection 12(10) shall not apply if the animal is impounded or the animal
control officer receives written confirmation from a licensed veterinarian that the
animal has been placed in quarantine pending outcome of the hearing.
Consequences of dangerous animal declaration
13(1) Council shall determine whether the dangerous animal should be destroyed or
released to the owner subject to the conditions set out in subsection 13(2). The
decision of Council shall be final and not subject to appeal.
13(2) Every owner of an animal that has been declared to be dangerous and in respect of
which Council has decided to release the dangerous animal to its owner, shall:
(a)
in the event that the dangerous animal is a dog, obtain a dangerous dog
license for the dangerous dog and pay the required fee as set out in
Schedule A hereto attached.
(b)
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.
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(c)
ensure that the dangerous animal, while on private property, is kept either
securely confined indoors or in a securely enclosed and locked pen,
structure or compound which:
(i)
is made of wood or chain link and is a minimum of six (6) feet
high;
(ii)
is capable of preventing the entry of young children and the escape
of the dangerous animal;
(iii)
has minimum dimensions suitable for the size of the dangerous
animal, as prescribed by the animal control officer;
(iv)
has secure sides; and
(v)
provides protection from the elements for the dangerous animal.
(d)
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.
(e)
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.
(f)
display in a conspicuous location at each entrance to the premises upon
which the dangerous animal is kept, a sign stating: WARNING:
BEWARE OF DANGEROUS <insert type of animal>. The sign shall
be posted in such a manner that it cannot be removed easily by a passerby
and will be visible and capable of being read from outside of the premises.
(g)
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.
(h)
advise the animal control officer within three (3) working days of the
death of the dangerous animal.
(i)
advise the animal control officer forthwith if the dangerous animal has
gone missing or is running at large or has bitten, worried or attacked any
person or animal.
(j)
maintain in force to the satisfaction of the Clerk of the Municipality a
comprehensive liability insurance policy, including coverage for damage
or injury caused by the dangerous animal, with a minimum limit of
liability of $500,000.00 per occurrence.
(k)
such other condition as may be prescribed by order of the Council,
including, without limitation, any of the conditions set out in subsection
11(9) hereof.
13(3) No person shall deface or remove a sign posted pursuant to subsection 13(2)(f) or
subsection 11(9)(b) hereof without having first obtained the permission of the
animal control officer.
Destruction of dangerous animal or aggressor animal
14(1) Where it appears on reasonable grounds that an owner has breached a condition of
this By-Law in respect of an animal that has been declared dangerous or if an
aggressor animal has caused injury or damage to any person, property or any
other animal or if the animal control officer otherwise has reasonable grounds to
believe that an animal presents a risk to any person, property or any other animal
19
and such animal has been declared a dangerous animal by Council, the animal
control officer may apprehend and impound the animal for the purpose of
destroying it. In the event that an animal is causing an immediate risk to any
person, property or any other animal, the animal control officer is authorized to
apprehend and impound the said animal notwithstanding that it has not been
declared to be a dangerous animal by Council at the time of its apprehension and
impoundment.
14(2) When the animal control officer impounds an animal under this section 14 for the
purpose of destruction of the animal, he shall give the owner written notice,
delivered to the last known address of the owner, that the animal will be destroyed
after the expiry of ten (10) days from the date of the notice. The owner may,
during that time period, appeal the decision of the animal control officer to
Council by providing notice in writing to the Clerk of the Municipality, in which
case Council shall hold a hearing at a regularly scheduled meeting of Council as
to whether or not the animal should be destroyed, which hearing shall be carried
out in accordance with the provisions of section 13 hereof. The animal shall
remain quarantined in the pound pending the outcome of the hearing.
Pit Bull Dogs
14(3) No person shall keep or harbour any Pit Bull dog regardless of age in any densely
populated area in the Rural Municipality of Ochre River.
PART VI: LIVESTOCK
15(1) The keeping of livestock shall only be permitted in those areas of the
Municipality which are zoned agricultural unless otherwise permitted by the
Municipality's zoning by-law in effect from time to time. If so permitted, Council
may specify the number and kind of livestock which may be kept on any such
premises within the Municipality, and it shall be an offense under this By-Law to
keep any livestock in excess of the prescribed number and kind.
15(2) An owner shall not permit his livestock to run at large within the Municipality.
When livestock is found running at large, its owner shall be deemed to have
refused or failed to comply with this By-Law.
15(3) Council, or the animal control officer on the authority of Council, may establish
from time to time a temporary or permanent premises for the confinement of
livestock apprehended pursuant to the provisions of this By-Law. This may
include the premises where the apprehension took place, and the owner of such
premises or any other such person as may be authorized by Council, shall provide
care for the impounded animals at a rate of remuneration to be fixed from time to
to time by the Council. The Chief Administrative Officer of the Municipality may
authorize the establishment of a temporary pound, which temporary pound shall
be ratified at the next regularly scheduled Council meeting.
15(4) When livestock is impounded, the animal control officer shall publish notice of
the impoundment in a newspaper that is generally distributed within the
Municipality as well as post a notice at the office of the Municipality. This notice
shall describe the livestock so impounded, including any identifying tags, marks
or brands, the day of impoundment, along with the location within the
Municipality where the livestock were found running at large.
15(5) If the identity of the owner is known, the animal control officer shall serve
directly upon the owner or mail a notice of impoundment to the owner at his last
known address.
15(6) The owner of the livestock shall not be entitled to the return of the livestock until
the actual costs incurred by the Municipality in apprehending and impounding the
livestock, together with the costs of caring for the livestock and any fines imposed
pursuant to this By-Law, have been paid in full.
20
15(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 15(6), the animal control officer may sell or otherwise dispose of the
livestock without further notice to the owner, the proceeds of which shall be paid
to the general funds of the Municipality.
PART VII: RESTRICTED ANIMALS
Prohibition on restricted animals
16(1) Except as may be permitted by the Municipality's zoning by-law in effect from
time to time, no person shall keep, harbour, possess or control any restricted
animals within the Municipality without a permit issued by Council.
Application for permission to keep or harbour a restricted animal
16(2) Upon receipt of an application from any person to keep a restricted animal,
Council shall comply with the notice and hearing requirements applicable to
variation and conditional use applications as set out in subsection 57(4) of The
Planning Act (Manitoba). Provided however, that applications from the owner or
operator of a travelling show to keep a restricted animal in the Municipality on a
temporary basis may be considered by the Chief Administrative Officer without
compliance with the notice and hearing requirements aforesaid. Council (or the
Chief Administrative Officer, in the case of an application for a permit on a
temporary basis) shall decide based on the application and any written or oral
submissions of the applicant, whether or not to grant a permit to the applicant to
keep or harbour the restricted animal within the Municipality and shall advise the
applicant in writing of their decision. Council or the Chief Administrative Officer,
as the case may be, may impose conditions upon a permit to keep or harbour a
restricted animal and any violation of such conditions by the owner shall
invalidate the permit provided by Council and shall constitute an offence under
this By-Law.
Temporary impoundment
16(3) If deemed necessary in the interests of public safety, the animal control officer
may apprehend and impound any restricted animal pending the outcome of any
hearing to decide an application made pursuant to subsection 16(2) hereof.
Inventory of restricted animals
16(4) Any owner who has been granted permission by Council to keep one or more
restricted animals within the Municipality shall, on an annual basis and on the
form prescribed by Council from time to time for this purpose, provide Council
with an inventory of the restricted animals kept by the owner within the
Municipality, together with the annual permit fee.
16(5) Council may at any time and from time to time change the conditions that an
owner must satisfy in order to keep a restricted animal, and any failure to comply
with any such condition upon notice thereof shall invalidate the owner's permit to
keep the restricted animal within the Municipality.
16(6) (a)
Any person who keeps, harbours or has possession or control of a
restricted animal in the Municipality on or before the time that this By-
Law comes into force or effect, shall have thirty (30) days from the
coming into effect of this By-Law to obtain a permit from Council to
continue to keep the restricted animal, failing which the owner shall sell or
give the restricted animal to a person outside of the Municipality or shall
otherwise dispose of the restricted animal in a manner which ensures that
the restricted animal is no longer within the Municipality. Any such sale,
gift or disposition shall be in accordance with all laws, rules and
regulations which may pertain to the sale or disposition of restricted
animals, and the Municipality accepts no responsibility for the manner of
sale or disposition.
21
16(6) (b)
Council may grant such longer period of time to an owner of a restricted
animal who falls within subsection 16(6)(a) hereof as may be necessary to
allow Council adequate time to consider and decide the owner's
application to retain the restricted animal within the Municipality.
Order to dispose of restricted animal
16(7) Where the animal control officer has reasonable grounds to believe that a person
is keeping or harbouring, or has possession or control of, a restricted animal
within the Municipality without the written permission of Council, the animal
control 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
animal in accordance with subsection 16(6)(a) and any conditions imposed in the
order of the animal control officer. Provided however, that if the owner has not
already applied and been denied a permit to keep or harbour the restricted animal,
the owner may make such an application in accordance with subsection 16(2), and
the order of the animal control officer shall be suspended pending the decision of
Council.
16(8) The onus shall be on the person upon which an order pursuant to subsection 16(7)
has been served to establish either that: (a) the animal is not a restricted animal; or
(b) the person has a permit from Council to keep or harbour the restricted animal.
16(9) Where the person has failed to establish either that the animal is not a restricted
animal or that he has a permit from Council to keep or harbour the restricted
animal, and the person has failed or refused to dispose of the restricted animal
within the time frame contemplated by the order of the animal control officer, the
animal control officer may seek an order or warrant from a provincial court judge,
magistrate or justice of the peace, as required, to enter upon the land and premises
of that person for the purpose of removing and disposing of the restricted animal.
The animal control officer may engage the assistance of other persons if required
to safely apprehend the restricted animal.
16(10) Upon apprehension and impoundment of a restricted animal, and provided that:
(a) a written order was duly served on the owner as required by subsection 16(7);
and (b) if an application for the written permission of Council to retain the
restricted animal has been heard and denied by Council; Council may proceed to
order the animal destroyed or sold, and the animal control officer shall carry out
the order of Council. The owner shall be liable for all costs associated with
apprehension, impoundment and destruction or sale of the restricted animal. If the
proceeds of sale exceed any such costs and any fines imposed upon the owner for
breach of this By-Law, then the Municipality shall refund the excess proceeds to
the owner.
PART VIII: GENERAL PROVISIONS
Offenses under this By-Law
17(1) For greater certainty and without limiting any provisions of this By-Law, the
following shall constitute offenses under this By-Law:
(a)
Allowing or failing to prevent a dog, cat or domestic pet from running at
large;
(b)
Keeping or harbouring dogs or cats in excess of the maximum number
permitted by this By-Law without a properly issued kennel permit
contrary to section 10 of this By-Law;
(c)
Failure by a permit holder to comply with the conditions imposed upon a
validly issued kennel permit;
22
(d)
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 6 of
this By-Law;
(e)
Failure by the owner of a dog to comply with any one or more of the
provisions of section 7, subsection 9(2) or subsection 9(3) of this By-Law;
(f)
Failure by the owner of a cat to comply with any one or more of the
provisions of section 7, subsection 9(4) or subsection 9(5) of this By-Law;
(g)
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;
(h)
Failing to voluntarily surrender a dog or cat to the animal control officer
upon a request therefor;
(i)
Failure by an owner to discharge the duties of an owner as set out in
subsection 2(1) of The Animal Care Act (Manitoba);
(j)
Keeping or harbouring any wild animal or other restricted animal within
the Municipality without a proper permit contrary to section 16 of this By-
Law;
(k)
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;
(l)
Failing to properly vaccinate a dog or cat against rabies;
(m)
Failing to comply with any conditions imposed upon the use of a cat trap
within the Municipality;
(n)
Failing to comply with the requirements of subsection 9(1) of this By-Law
in relation to any domestic pet;
(o)
Failing to comply with the requirements of subsection 9(6);
(p)
Failing to comply with any requirements of Part V of this By-Law in
relation to an aggressor animal or a dangerous animal;
(q)
Defacing or removing a sign required to be posted under subsection
11(9)(b) or subsection 13(2)(f) of this By-Law;
(r)
Failing to comply with any of the requirements of Part VI of this By-Law
in relation to livestock;
(s)
Failing to comply with any of the requirements of Part VII of this By-Law
in relation to any restricted animals.
Interference with Enforcement
17(2) It shall be an offense under this By-Law for a person to interfere or obstruct any
attempt by the animal control officer, poundkeeper or the Council from carrying
out its duties and obligations hereunder. Without limiting the generality of the
foregoing, no person shall interfere or obstruct or attempt to interfere or obstruct
an animal control officer, the poundkeeper, a police officer or any other person
authorized to apprehend and impound an animal running at large, who is
attempting to apprehend or impound, or who has apprehended and impounded,
any animal in accordance with the provisions of this By-Law.
23
17(3) It shall be an offense under this By-Law:
(a)
to break into, or assist another person in any manner, directly or indirectly,
to break into, any pound; and
(b)
to remove or attempt to remove any impounded animal, or to otherwise
cause or assist an escape of any impounded animal.
Apprehension by Resident
17(4) Any resident of the Municipality may apprehend and confine an animal which is
running at large on his property, provided that he shall immediately thereafter
inform the animal control officer, poundkeeper or the Clerk 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
18(1) The animal control officer or any other person appointed by the Municipality to
enforce the provisions of this By-Law or any other law, rule or regulation
pertaining to animal care or custody, may lawfully enter upon the land and
buildings of an animal owner or any other person, other than the personal
residence of an individual, for the purposes of apprehending an animal running at
large, to ensure compliance with this By-Law (including, without limitation, any
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.
18(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 officer to
apprehend and impound the said animal.
Complainant Identification
19(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
20(1) No liability shall attach to the animal control officer, the poundkeeper, the
Council and/or 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 and/or the
Municipality for any animal destroyed, sold or otherwise disposed of pursuant to
the provisions of this By-Law or killed or injured during the course of its
apprehension or impoundment.
Penalties
21(1) Without limiting the penalties for specific offenses set out in subsections 21(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
24
applicable costs and penalties for the second offense and for each
subsequent offense within twelve (12) months of the first offense;
21(2) Any animal that is impounded three or more times within any 12-month period
while owned by the same owner, shall be sold or disposed of to a new owner or
shall be destroyed regardless of whether or not it is properly licensed under this
By-Law.
21(3) Any person who does not claim their dog or cat once impounded will not be
issued another license for another animal for one year. After the second offense
no further license will be issued.
21(4) Any person who interferes with or obstructs the duties of an animal control
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 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;
21(5) Where a corporation commits an offense under this By-Law, each director or
officer of the corporation who authorized, consented to, connived at, or
knowingly permitted or acquiesced in, the doing of the act that constitutes the
offense, is likewise guilty of the offense and liable for the penalties provided for
herein.
21(6) 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.
BE IT RESOLVED that By-Law No. 2/2004 is hereby repealed.
DONE AND PASSED as a By-Law of the Municipality of Ochre River by the Reeve
and Council in open session assembled this 9th day of June, A.D. 2009.
__________________________________________
Raymond Janssen, Reeve
__________________________________________
Laura Murray, CAO
1st Reading: March 10, 2009
2nd Reading: June 9, 2009
3rd Reading: June 9, 2009
25
SCHEDULE A - LICENSE AND IMPOUNDMENT FEES
Application Fees
For a kennel permit
$25.00
For a permit to keep restricted animals
$25.00
License Fees (Annual) - and Related Changes
For each spayed female or neutered male dog or cat
$10.00
For each male dog or cat
$20.00
For each female dog or cat
$20.00
For each dog declared to be a dangerous animal
$200.00
Replacement Tag
$2.00
Transfer of license
$2.00
Kennel permit - annual fee
$100.00
Restricted Animal permit - annual fee
$250.00
Cat Traps
For each cat trap - deposit
$25.00
Penalties and Impoundment Fees
For any dog, cat or any other domestic pet that was apprehended running at large or that
was for any other reason, impounded by the animal control officer
- For first impoundment, flat fee:
$50.00
- -For each day of impoundment, add
$17.50
- -Mileage for apprehension at a rate of
$Prov. rate
- For second impoundment, flat fee:
$100.00
(if it occurs within 12 months of the first offense)
- -For each day of impoundment add
$17.50
- -Mileage for apprehension at a rate of
$Prov. rate
For Voluntary Impoundment
- For each day of impoundment
$17.50
Impoundment Fees for Livestock
- First Day/per animal
$200.00
- Each day thereafter Initial Fee & $2.00 feed & water
$25.00
Impoundment fees for dangerous animals, quarantined animals and
restricted animals
$250.00
Trailer Fees
$50.00
Mileage at a rate of
$Prov. rate
Impoundment and fine (see section 21)
26
SCHEDULE B
NOTICE OF IMPOUNDMENT
FOR RURAL MUNICIPALITY OF OCHRE RIVER
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. of Pound: ______________________________________________________
Daily Pound Fee: _________________________________________________________
Impoundment Fee and/or Fine: ______________________________________________
License Fee: _____________________________________________________________
Method of Payment Required: _______________________________________________
Day the animal will be sold or destroyed: ______________________________________
Date: ___________________ Animal Control Officer: ___________________________
Signature: _______________________________________
27
SCHEDULE C
Index to Schedule C:
Pages
1.
Staffordshire Bull Terrier
-Canadian Kennel Club standard
2 - 4
-American Kennel Club standard
5 - 7
2.
American Staffordshire Terrier
-Canadian Kennel Club standard
8 - 10
-American Kennel Club standard
11 - 12
3.
American Pit Bull Terrier
-United Kennel Club standard
13
28
Page 2
Staffordshire Bull Terrier
THE STAFFORDSHIRE BULL TERRIER is acknowledged to be a British breed
dating back at least 175 years. However, because breeding records of that time were
virtually non-existent, the exact breeds that were combined to create the Staff are
unknown. Courage, not show points or pedigrees, was all that mattered to the dogs'
breeders, for the Staff was bred to be a fighter even as late as 1930, well after the time
when dog fighting had been outlawed in Britain. Fortunately, times have changed.
Although the Staff will rise to the occasion if provoked, no breed is more tractable or
more trustworthy with children.
While facts as to his heritage are few, dog historians believe that the breed descends from
the mastiff of ancient times, of which there were two types - a large and a small. From
the latter, it is thought, came the Old English Bulldog which when crossed with one or
more terrier breeds, produced the Bull and Terrier, the dog which is today called the
Staffordshire Bull Terrier. This is not entirely conjecture on the part of the historians. If
old-time breeders were careless record keepers they left behind them enough portraits and
drawings of their more noteworthy dogs to give credence to this reasoning.
Early in the 1930s and perhaps, as one writer suggests, because the law was making
things difficult for the dog fighting fraternity, a group of fanciers led by Joseph Dunn
determined to raise the status of the Bull and Terrier and have it officially recognized by
The Kennel Club. In 1935 they succeeded. All that remained to be done was to select a
suitable name. That of Bull Terrier had already been given to a closely related breed, so it
was decided to name the breed for the English country where it was most popular (as well
as being the home area of its patrons). The breed has become very popular in Britain and
frequently accounts for the largest terrier entry at prestigious championship dog shows.
The Staffordshire Bull Terrier was officially recognized by The Canadian Kennel Club in
1953, followed some years later by the United States.
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Page 3
STAFFORDSHIRE BULL TERRIER 543
Official Breed Standard for the
Staffordshire Bull Terrier
General Appearance: The Staffordshire Bull Terrier is a smooth-coated dog. He should
be of great strength for his size, and although muscular, should be active and agile.
Temperament: From the past history of the Staffordshire Bull Terrier, the modern dog
draws his character of indomitable courage, high intelligence, and tenacity. This, coupled
with his affection for his friends, and children in particular; his off-duty quietness and
trustworthy stability, makes him the foremost all-purpose dog.
Size: Weight--dogs, 28-38 lb. (13-17kg); bitches, 24-33 lb. (11-15kg). Height--(at
shoulder), 14-16 in. (36-41cm), these heights being related to the weights.
Coat and Colour: Coat smooth, short and close to the skin. Colour red, fawn, white,
black or blue, or any of these colours with white. Any shade of brindle, or any shade of
brindle with white. Black and tan or liver colour not to be encouraged.
Head: Short, deep through, broad skull, very pronounced cheek muscles, distinct stop,
short foreface, black nose. The mouth should be level, i.e., the incisors of the bottom jaw
should fit closely inside the incisors of the top jaw, and the lips should be tight and clean.
Eyes: dark preferable but may bear some relation to coat colour. Round, of medium size,
and set to look straight ahead. Ears rose or half-pricked and not large.
Neck: Muscular, rather short, clean in outline and gradually widening towards the
shoulders.
Forequarters: Legs straight and well boned, set rather wide apart, without looseness at
the shoulders, and showing no weakness at the pasterns from which point the feet turn out
a little.
Body: The body should be close-coupled, with a level topline, wide front, deep brisket,
well-sprung ribs and rather light in the loins.
30
Page 4
544 GROUP IV: TERRIERS
Hindquarters: Should be well muscled, hocks let down with stilles well bent. Legs
should be parallel when viewed from behind. The feet should be well padded, strong and
of medium size.
Tail: Should be 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.
Faults: To be penalized in accordance with the severity of the fault: Light eyes or pink
eye rims. Tail too long or badly carried. Non-conformation to the limits of weight or
height. Full drop and prick ears. Undershot or overshot mouths. The following faults
should debar a dog from winning any prize: Pink (Dudley) nose. Badly undershot or
overshot mouth. Badly undershot - where the lower jaw protrudes to such an extent that
the incisors of the lower jaw do not touch those of the upper jaw. Badly overshot - where
the upper jaw protrudes to such an extent that the incisors of the upper jaw do not touch
those of the lower jaw.
photo of Staffordshire Bull Terrier on paper copy of bylaw.
31
Page 5
photo on paper copy of bylaw
GROUP IV: TERRIERS
THE STAFFORDSHIRE BULL TERRIER had its beginnings in England many centuries
ago when the Bulldog and Mastiff were closely linked. Bull baiting and bear baiting in
the Elizabethan era produced large dogs for these sports and later on the 100-120 pound
animal gave way to a small, more agile breed of up to 90 pounds.
Early in the 19th century the sport of dog fighting gained popularity and a smaller, faster
dog was developed. It was called by names such as "Bulldog Terrier" and "Bull Terrier".
The Bulldog bred then was a larger dog than we know today and weighed about 60
pounds. This dog was crossed with a small native terrier which appears in the history of
the present-day Manchester Terrier. The dog which this produced, averaging between 30
and 45 pounds, became the Staffordshire Bull Terrier.
James Hinks, in about 1860, crossed the Old Pit Bull Terrier, now known as the
Staffordshire Bull Terrier, and produced the all-white English Bull Terrier. The Bull
Terrier obtained recognition by The Kennel Club in England in the last quarter of the 19th
century, but the Staffordshire Bull Terrier, due to its reputation as a fighting dog, did not
receive this blessing.
In 1935 the Staffordshire Bull Terrier was recognized by the Kennel Club in England and
enthusiasts were able to conduct conformation matches. The sport of dog fighting had
long been made illegal and the Staffordshire Bull Terrier had evolved into a dog of such
temperament as to make him a fine pet and companion and a worthy show dog.
The Staffordshire Bull Terrier was admitted to registration in the American Kennel Club
Stud Book effective October 1, 1974, with regular show classification in the Terrier
Group at AKC shows available on and after March 5, 1975.
32
Page 6
Official Standard for the Staffordshire Bull Terrier
Characteristics - 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.
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.
Head and Skull - Short, deep through, borad 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 - Muscular, rather short, clean in outline and gradually widening toward the
shoulders.
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.
Body - The body is close coupled, with a level topline, wide front, deep brisket and well
sprung ribs being rather light in the loins.
Hindquarters - The hindquarters should be well muscled, hocks let down with stifles
well bent. Legs should be parallel when viewed from behind.
Feet - The feet should be well padded, strong and of medium size. Dewclaws, if any, on
the hind legs are generally removed. Dewclaws on the forelegs may be removed.
Tail - 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.
Coat - Smooth, short and close to the skin, not to be trimmed or dewhiskered.
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.
Size - Weight: Dogs, 28 to 38 pounds; bitches, 24 to 34 pounds. Height at shoulder: 14 to
16 inches, these heights being related to weights. Non-conformity with these limits is a
fault.
DISQUALIFICATIONS
Black-and-tan or liver color.
Effective March 5, 1975
33
Page 7
Staffordshire Bull Terriers - Cumbers
photo on paper copy of bylaw
34
Page 8
American
Staffordshire Terrier
A BREED DEVELOPED IN America, the Staffordshire Terrier is closely related to the
Staffordshire Bull Terrier. Both breeds were derived from crossing the bulldog with
various terrier breeds. But, unlike the Staffordshire Bull, this breed is taller, heavier,
straighter in forelimb and somewhat smoother in over-all outline. His ears may be either
cropped or uncropped.
The breed was first known early in the 19th century when dog fighting was a popular
spectator sport in parts of the United States. The Staffordshire was intentionally designed
as a fighting dog combining the tenacity and courage of the Bulldog with the agility and
spirit of the terrier. And he was good at his job, so good, in fact, that at first the American
Kennel Club refused to acknowledge the Staffordshire Terrier as a pure breed. But he
was admitted to registration by another American-based organization, the United Kennel
Club.
Then the breed's fortunes took a turn for the better. Dog fighting was outlawed in most
States in 1900, and breeders of the Staffordshire turned their attentions to producing a
more docile animal that would function well as family pet and guardian. Their efforts
were successful and the Staffordshire Terrier was admitted to the American Kennel
Club's official roster of pure-breeds in 1935.
Later, in January 1972, in order to avoid confusion with the Staffordshire Bull Terrier,
which was then in process of gaining official acceptance, the American Kennel Club
changed the breed name to the American Staffordshire Terrier.
This was to be the last of a series of names for the breed that over the years had included
the Yankee Terrier, Pit Bull Terrier, Half and Half, and the American Bull Terrier.
The breed has a loyal following in the United Stages with good entries at most of the
larger championship shows. For some reason it has failed to achieve the same acceptance
in Canada. Only rarely is an American Staffordshire Terrier seen at a dog show in
Canada.
35
Page 9
AMERICAN STAFFORDSHIRE TERRIER 449
Official Breed Standard for the
American Staffordshire Terrier
General Appearance: The Staffordshire Terrier should give the impression of great
strength for his size, a well put-together dog, muscular, but agile and graceful, keenly
alive to his surroundings. He should be stocky, not long-legged or racy in outline. His
courage is proverbial.
Size: Height and weight should be in proportion. A height of about 18-19 in. (46-48 cm)
at shoulder for the male and 17-18 in. (43-26 cm) for the female is to be considered
preferable.
Coat and Colour: Coat short, close, stiff to the touch, and glossy. Any colour, solid,
parti, or patched is permissible, but all white, more than 80 percent white, black and tan,
and liver not to be encouraged.
Head: Medium length, deep through broad skull, very pronounced cheek muscles,
distinct stop; muzzle medium length, rounded on upper side to fall away abruptly below
eyes. Jaws well defined. Underjaw to be strong and have biting power. Lips close and
even, no looseness. Nose definitely black. Upper teeth to meet tightly outside lower teeth
in front. Eyes dark and round, low down in skull and set far apart. No pink eyelids. Ears
set high; cropped or uncropped, the latter preferred. Uncropped ears should be short and
held half rose or prick.
Neck: Heavy, slightly arched, tapering from shoulders to back of skull. No looseness of
skin. Medium length.
Forequarters: Shoulders strong and muscular with blades wide an sloping. Forelegs set
rather wide apart to permit chest development. The front legs should be straight, large or
round bones, pastern upright. No resemblance of bend in front.
Body: Back fairly short. Slight sloping from withers to rump with gentle short slope at
rump to base of tail. Well-sprung ribs, deep in rear. All ribs close together. Chest deep
and broad. Loins slightly tucked.
Hindquarters: Well muscled, let down at hocks, turning neither in nor out. Feet of
moderate size, well arched and compact.
Tail: Short in comparison to size, low set, tapering to a fine point: not curled or held over
back. Not docked.
Gait: Must be springy but without roll or pace.
Faults: Faults to be penalized are Dudley nose, light or pink eyes, undershot or overshot
mouth, full drop ears, tail too long or badly carried.
36
Page 10
photo on paper copy of bylaw
37
Page 11
photo on paper copy of bylaw
450 Group IV: Terriers
American Staffordshire Terrier
TO GIVE CORRECTLY the origin and history of the American Staffordshire Terrier, it is
necessary to comment briefly on two other dogs, namely the Bulldog and the terrier.
Until the early part of the 19th century, the Bulldog was bred with great care in England
for the purpse of baiting bulls. The Bulldog of that day was vastly different from our present-day
"sourmug". Pictures from as late as 1870 represent the Bulldog as agile and as standing straight
on his legs-his front legs in particular. In some cases he was even possessed of a muzzle, and long
rat tails were not uncommon. The Bulldog of that day, with the exception of the head, looked
more like the present-day American Staffordshire Terrier than like the present-day Bulldog.
Some writers contend it was the white English Terrier, or the Black-and-Tan Terrier, that
was used as a cross with the Bulldog to perfect the Staffordshire Terrier. It seems easier to believe
that any game terrier, such as the Fox Terrier of the early 1800's, was used in this cross, since
some of the foremost authorities on dogs of that time state that the Black-and-Tan and the white
English Terrier were none too game, but these same authorities go on to stress the gameness of
the Fox Terrier. It is reasonable to believe that breeders who were attempting to perfect a dog that
would combine the spirit and agility of the terrier with the courage and tenacity of the Bulldog,
would not use a terrier that was not game. In analysing the three above-mentioned terriers at the
time, we find that there was not a great deal of difference in body conformation, the greatest
differences being in color, aggressiveness, and spirit.
In any event, it was the cross between the Bulldog and the terrier that resulted in the
Staffordshire Terrier, which was originally called the Bull-and-Terrier Dog, Half and Half, and at
times Pit Dog or Pit Bull terrier. Later, it assumed the name in England of Staffordshire Bull
Terrier.
These dogs began to find their way into America as early as 1870, where they became
known at Pit dog, Pit Bull Terrier, later American Bull Terrier, and still later as yankee Terrier.
In 1936, they were accepted for registration in the American kennel Club stud book as
Staffordshire Terriers. The name of the breed was revised effective January 1, 1972 to American
Staffordshire Terrier. Breeders in this country had developed a type which is heavier in weight
than the Staffordshire Bull Terrier of England and the name change was to distinguish them a
separate breeds.
The American Staffordshire Terrier's standard allows a variance in weight, but it sould be
in proportion to size. The dog's chief requisites should be strength unusual for his size,
soundness, balance, a strong powerful head, a well-muscled body, and courage that is proverbial.
To clarify the confusion that may exist, even in the minds of dog fanciers, as to the
difference between the American Staffordshire Terrier and the Bull Terrier, a comment on the
latter may be helpful. The Bull Terrier was introduced by James Hinks of Birmingham, who had
been experimenting for several years with the old bull-and-terrier dog, now known at
Staffordshire. It is generally conceded that he used the Staffordshire, crossed with the white
English Terrier, and some writers contend that a dash of Pointer and Dalmation blood was also
used to help perfect the all-white-Bull Terrier.
In mentioning the gameness of the Staffordshire, it is not the intention to tag him as a
fighting machine, or to praise this characteristic. These points are discussed because they are
necessary in giving the correct origin and history of the breed. The good qualities of the dogs are
many, and it would be difficult for anyone to overstress them. In appearance, they are flashy-
looking and they attract much attention on the show bench. As to character, they exceed being
dead game; nevertheless, they should not be held in ill repute merely because man has been
taking advantage of this rare courage to use them in the pit as gambling tools. These dogs are
docile, and with a little training are even tractable around other dogs. They are intelligent,
excellent guardians, and they protect their masters' property with an air of authority that counts;
they easily discriminate between strangers who mean well and those who do not. They have
another characteristic that is unusual: when they are sold, or change hands, they accept their new
master in a comparatively short time.
38
Page 12
Official Standard for the American Staffordshire Terrier
General Impression - The American Staffordshire Terrier should give the impression of
great strength for his size, a well put-together dog, muscular, but agile and graceful,
keenly alive to his surroundings. He should be stocky, not long-legged or racy in outline.
His courage is proverbial.
Head - Medium length, deep through, broad skull, very pronounced cheek muscles,
distinct stop; and ears are set height. Ears-Cropped or uncropped, the latter preferred.
Uncropped ears should be short and held half rose or prick. Full drop to be penalized.
Eyes-Dark and round, low down in skull and set far apart. No pink eyelids. Muzzle-
Medium length, rounded on upper side to fall away abruptly below eyes. Jaws well
defined. Underjaw to be strong and have biting power. Lips close and even, no looseness.
Upper teeth to meet tightly outside lower teeth in front. Nose definitely black.
Neck - Heavy, slightly arched, tapering from shoulders to back of skull. No looseness of
skin. Medium length.
Shoulders - Strong and muscular with blades wide and sloping.
Back - Well-sprung ribs, deep in rear. All ribs close together. Forelegs set rather wide
apart to permit of chest development. Chest deep and broad.
Tail - Short in comparison to size, low set, tapering to a fine point; not curled or held
over back. Not docked.
Legs - The front legs should be straight, large or round bones, pastern upright. No
resemblance of bend in front. Hindquarters well-muscled, let down at hocks, turning
neither in nor out. Feet of moderate size, well-arched and compact. Gait must be springly
but without roll or pace.
Coat - Short, close, stiff to the touch, and glossy.
Color - Any color, solid, parti, or patched is permissible, but all white, more than 80 per
cent white, black and tan, and liver not to be encouraged.
Size - Height and weight should be in proportion. A height of about 18 or 19 inches at
shoulders for the male and 17 to 18 inches for the female is to be considered preferable.
Faults - Faults to be penalized are: Dudley nose, light or pink eyes, tail too long or badly
carried, undershot or overshot mouths.
Approved June 10, 1936
39
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OFFICIAL U.K.C.
AMERICAN PIT BULL TERRIER STANDARD
(Revised January 1, 1978)
HEAD:
Medium length. Brick like in shape. Skull flat and widest at the ears, with
prominent cheeks free from wrinkles.
MUZZLE:
Square, wide and deep. Well pronounced jaws, displaying strength. Upper
teeth should meet tightly over lower teeth, outside in front.
EARS:
Cropped or uncropped (not important). Should st high on head, and be free
from wrinkles.
EYES:
Round. Should set far apart, low down on skull. Any color acceptable.
NOSE:
Wide open nostrils. Any color acceptable.
NECK:
Muscular. Slightly arched. Tapering from shoulder to head. Free from
looseness of skin.
SHOULDERS: Strong and muscular, with wide sloping shoulder blades.
BACK:
Short and strong. Slightly sloping from withers to rump. Slightly arched at
loins, which should be slightly tucked.
CHEST:
Deep, but not too broad, with wide sprung ribs.
RIBS:
Close. Well sprung, with deep back ribs.
TAIL:
Short in comparison to size. Set low and tapering to a fine point. Not
carried over back. Bobbed tail not acceptable.
LEGS:
Large, round boned, with straight, upright pasterns, reasonable strong.
Feet to be of medium size. Gait should be light and springy. No rolling or
pacing.
THIGH:
Long with muscles developed, Hocks down and straight.
COAT:
Glossy. Short and stiff to the touch.
COLOR:
Any color or marking permissible.
Not important. Females preferred from thirty to fifty pounds. Males from
thirty-five to sixty pounds.