By-Law No. 02/23 Animal Control — full text, Rural Municipality of Mountain, Manitoba

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BY-LAW NO. 02/2023 TABLE OF CONTENTS Definitions Interpretation ............................................................... Section 1 Establishment of Pound, Pound Keeper, and Appointment of Animal Control Officer ........................................................................Section 2 Right of Entry ...............................................................Section 3 Interference with Enforcement ........................................... Section 4 Assistance .....................................................................Section 5 Livestock ..................................................................... Section 6 Provision of Needs ...........................................................Section 7 Owners Responsibilities ................................................... Section 8 Licensing of Dogs .......................................................... Section 9 Vaccinations ............................................................... Section 10 Kennel Permits Application for Kennel Permits ................................... Section 11 Responsibility of Kennel Permit Holders ........................ Section 12 Dangerous Animals Animal Bites ........................................................ Section 13 Determination of Dangerous Animal ..............................Section 14 Terms/Conditions of Harboring a Dangerous Animal .........Section 15 Non-Compliance of Dangerous Animal Conditions ............Section 16 Destruction of Dangerous Animal ................................Section 17 Seizure and Impoundment ................................................Section 18 Apprehension by Resident ................................................Section 19 Redemption .................................................................Section 20 Breach of By-Law When Animal Control Is Not Present ..............Section 21 Complaint Identification ...................................................Section 22 Penalties ......................................................................Section 23 Appeal Process .............................................................Section 24 Liability .....................................................................Section 25 Repeal Former By-Laws ...................................................Section 26 The Rural Municipality of Mountain BY-LAW NO. 02/2023 BEING A BY-LAW CONCERNING THE CONTROL OF ANIMALS WITHIN THE LIMITS OF THE RURAL MUNICIPALITY OF MOUNTAIN. WHEREAS Section 232(1) of the Municipal Act provides that a Council may pass by-laws for municipal purposes respecting the following matters: (k) wild and domestic animals and activities in relation to them, including by-laws differentiating on the basis of sex, breed, size or weight; AND WHEREAS Section 232(2) of the Municipal Act provides that a Council may in a by-law passed under this division Establish fees or other charges for services, activities or things provided or done by the municipality or for the use of property under the ownership, management or control of the municipality; AND WHEREAS Section 236(1) of the Municipal Act specifies: 'Without limiting the generality of clause 232(1)(o) (enforcement of by-laws) a by-law passed under that clause may include provisions providing for procedures, including inspections, for determining whether by-laws are being complied with; and remedying contraventions of by-laws, including: (iv) seizing, removing, impounding, confiscating and selling or otherwise disposing of plants, animals, vehicles, or other things related to a contravention, THEREFORE BE IT RESOLVED that the Council of the Rural Municipality of Mountain passes and hereby enacts the following "Animal Control By-Law": DEFINITIONS Aggressor Animal, means any animal under Section 13 (Animal Bites) of this By-Law. Animal Control Officer, means the person appointed by Council to enforce the provisions of this By-Law, and includes any person acting as an assistant to, or under the direction of, the animal control officer authorized by Council. Cat, means any member of the genus Felis domesticus (domesticated cat). Dangerous Animal, means any 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. Which may include being kept for the purpose of security or protection, whether residential, commercial, or industrial, of persons or property. And may also include an animal that has shown the disposition or tendency to be threatening or aggressive, or that has been attack trained. Dog, means any member of the genus Canis familiaris (domestic dog). Domestic pet, means any animal that has been domesticated and is kept or harbored within the Municipality. Livestock, means: animals kept for the purpose of: production of meat, production of other products from the animals, or herding, protection of livestock, or draft work, and breeding stock of such animals. animals for the purpose of improving or preserving any species or kind of animal that may be kept for the purpose set out in sub clause (a) i, ii, or iii of this definition; and any other animal determined by the animal control to be livestock for the purpose of this By-Law; whether or not intended for profit including any other animals that are of a species or kind prescribed as livestock in the regulations pursuant to The Animal Liability Act. Muzzle, means a humane fastening or covering device of adequate strength over the mouth of an animal to prevent it from biting. Owner, includes any person who owns, keeps, harbors or has possession or control of an animal, or who owns, leases or occupies, either solely or jointly with others, any premises containing the animal or which contained the animal immediately prior to an attack by the animal or apprehension of the animal control officer or any other person. Responsible Person means the owner of the animal, a person in whose care or control the animal is in, a registered owner of property or a person who is renting or leasing property that the animal is kept or found on. Restricted Animal means: any member of the Primate except a human being; any member of the order Carnivora except dogs, cats and domestic ferrets, but including all hybrids of dogs and cats; any member of the order Crocodylia; any constrictor snake, venomous snake or venomus reptile; any venomous amphibian; any wild animal or wildlife as defined in The Wildlife Act; and any other animal determined by the animal control officer to be a restricted animal, other than a dog, cat or livestock. Running at large or run at large, means, in relation to an animal, that the animal is not: under the direct, continuous and effective control of a competent person able to control it; or securely confined within an enclosure or securely fastened so that it is able to roam at will beyond the property in which it is kept. INTERPRETATION 1(1) 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. 1(2) No provision included within this By-Law shall remove the right of any resident or the Municipality from involving other Provincial or Federal authorities in the enforcement of animal control and welfare. ESTABLISHMENT OF POUND, POUNDKEEPER AND APPOINTMENT OF ANIMAL CONTROL OFFICER 2(1) Establishment of Pound: Council may establish and maintain a pound for the impoundment and care of animals apprehended pursuant to the enforcement of any provision of this By-Law, or 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 of their behalf. 2(2) Appointment of Pound Keeper: Council may appoint one or more persons as Pound Keeper(s) to carry out the duties of the Pound Keeper set out in this By-Law. The Pound Keeper(s) so appointed may be appointed on a temporary or permanent basis. At the discretion of Council, the Animal Control Officer may also serve as Pound Keeper, and vice versa. 2(3) Appointment of Animal Control Officer: The position of Animal Control Officer is established. Council may appoint one or more persons as Animal Control Officer(s) to carry out the enforcement of this By-Law either on a temporary or permanent basis. The Animal Control Officer shall have all powers, duties, discretion and functions of a designated officer set out in the Act and is authorized to: Administer and enforce this By-Law and the Act; and Act as a designated officer for the purposes of this By-Law. The Animal Control Officer may enter property and buildings what actions or measures have been taken, to prevent the contravention of this By-Law, to remedy a contravention of this By-Law and to prevent a re-occurrence of a contravention. The Animal Control Officer may commence a prosecution under section 249 of the Act for the purpose of enforcing a contravention of this By-Law through an offence. 2(4) In the absence of an Animal Control Officer, any designated officer may enact or enforce provisions of this By-Law. Any provisions of this By-Law that use the words Animal Control Officer shall be interpreted as being carried out by the designated officer in the absence of an Animal Control Officer. RIGHT OF ENTRY 3(1) The Animal Control Officer or any other person appointed by the Municipality to enforce the provision 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 or inspecting an animal that is in contravention of this By-Law. 3(2) The owner of any domestic pet that has bitten any person or any other animal shall present the said animal to the door of his dwelling upon request of the Animal Control Officer, and/or assist the Animal Control Officer to apprehend and impound the said animal. INTERFERENCE WITH ENFORCEMENT 4 No person may interfere with, obstruct, or attempt to interfere with or obstruct the Animal Control Officer or Designated Officer in carrying out the administration and enforcement of this By-Law. ASSISTANCE 5 The registered owner of the property or a person renting or leasing property shall assist the Animal Control Officer or Designated Officer in seizing any animal found on their property. A responsible person in respect of the animal shall supply such information that the Animal Control Officer requests for the administration and enforcement of this By-Law. LIVESTOCK 6 (1) The keeping of livestock shall only be permitted in those areas of the Municipality which are zoned agriculture, and shall include areas with the Local Urban Districts that do not receive LUD services, and are in areas within the LUD that would not adversely affect other properties or residents. Such properties are as follows: Within the LUD of Birch River, those properties North of Swede Creek; Within the LUD of Birch River, those properties South of the Birch River. 6 (2) 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 offence under this By-Law to keep any livestock in excess of the prescribed number and kind. PROVISION OF NEEDS 7 Every person who keeps an animal within the Municipality shall provide the animal or cause the animal to be provided with: comfort, shelter and security; readily accessible fresh water and a diet capable of maintaining the animal(s) in full health and vigor; freedom of movement, and shall not be chained indefinitely; the company of other animals, which includes the human who is often the only contact that the animal(s) might have with other living creatures; the opportunity to exercise most, if not at all, of their normal patterns of behavior; an environment and housing that neither harms the animal nor causes any undue strain or stress; the ability to recognize and prevent abnormal behavioral patterns, injury, and parasitic infections and disease, including rapid diagnosis and treatment when indicated; and appropriate health care. OWNERS RESPONSIBILITY 8(1) No person shall: permit any animal to run at large; permit any animal to bark, howl or make a noise that could disturb the peace and enjoyment of people in the surrounding area; permit any animal to defecate or damage on any public or private property other than the property of its owner; permit any animal to defecate on his property in a manner which constitutes an environmental or health hazard or a nuisance for neighbors; permit any animal on a school ground or playground; permit any animal on public property unless the animal is on a leash (which shall be no longer than six (6) feet in length) and the animal is in the actual custody and effective control of the owner or a person competent to control it; permit any animal to upset waste receptacles or otherwise litter; permit any animal to worry, bite, injure or attack a person or animal; or permit or keep more than two dogs on a property, ii) five cats on a property; j) permit or keep any animal defined in this By-Law as a restricted animal. 8(2) Subsection 7(1)(i) does not apply to a Responsible Person who is operating a kennel on a property subject to section 12 and who is in compliance with the Municipality's Zoning By-Law, or to dogs under four months of age. 8(3) Subsection 7(1)(i) shall not apply to premises which are zoned agriculture or properties mentioned in Section 9(1), provided however, that where, in the discretion of the Animal Control Officer, the number of animals on any such premises constitutes a danger to the public or to the animals, or the harboring of the number or type of animals is not adversely affecting the surrounding properties, the Animal Control Officer may exercise his discretion to apprehend and impound all or some of the animals. 8(4) Any female domestic pet in heat shall be confined to the premises of the owner or a person having control of the female domestic pet, or shall be in a licensed kennel, for the period of time that the domestic pet is in heat. The confinement shall be in such a manner as to prevent any contact between the domestic pet in heat and any domestic pet except other domestic pets owned by the same owner or another owner who permits such contact. LICENSING OF DOGS 9(1) The owner of every dog over the age of four months within the LUD of Birch River, LUD of Pine River, LUD of Mafeking and townsite of Cowan, with the exception of properties mentioned in Section 6(1), shall obtain and renew annually by January 31st, a Licence to keep the dog, which licence shall require the payment of the annual fee as set out in Schedule 'A' attached hereto. Failure to obtain or keep current the required licence or ensure that the licence tag issued for the dog is securely fastened to the dog's collar shall constitute an offence under this By-Law. 9(2) The license fee hereby imposed shall be due and payable on the 31st day of January in each year and shall expire on the 31st of December in the year in which the licence fee was levied and paid. 9(3) Where a change in ownership of a dog licensed 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' attached hereto. Any failure to report a change in ownership or to pay the prescribed transfer fee shall constitute an offence under this By-Law. 9(4) This section shall not apply to non-residents of the Municipality who bring a dog on a temporary visit into the Municipality, provided however, that nothing in this subsection shall authorize any person to bring a dog into the Municipality that is a dangerous animal or 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 to run at large or otherwise create a nuisance within the Municipality. VACCINATIONS 10 The owner of any dog shall have their dog vaccinated for rabies in accordance with international veterinary protocol. Such vaccinations shall be no more than two years old. The owner shall maintain a certificate of vaccination for rabies showing the dog has been vaccinated within the last two years. APPLICATION FOR KENNEL PERMIT 11(1) Any person who wishes to keep, harbor, possess or control the number of dogs or cats in excess of the maximum number prescribed in Section 8 hereof, regardless of whether for profit or pleasure, shall apply in writing to the Council for a kennel licence. The application must be accompanied by the license fee as set out in Schedule 'A' hereto attached. 11(2) Council shall set a date to review any such application for a kennel licence at a regularly scheduled Council meeting not less than thirty (30) days following receipt of the application and licence fee. The CAO shall notify the applicant and make all reasonable attempts to notify all property owners within a one (1) mile radius of the premises upon which the proposed kennel will be located, of the application and the date of the hearing in respect of the application. 11(3) Every kennel licence shall be for one calendar year payable by January 31st annually. If an application is received throughout the year Council may choose to pro-rate the annual fee accordingly. A license holder who wishes to renew the kennel permit shall no longer than thirty (30) days prior to the expiry date submit an application for renewal accompanied by the annual licence fee. Failure to do so may result in the immediate suspension of the permit. 11(4) Prior to revoking, suspending, refusing to renew, or imposing conditions upon an issued kennel licence, the CAO shall notify the holder of the licence and shall provide the said holder with the opportunity to make representation to Council at a meeting of Council. RESPONSIBILITY OF KENNEL PERMIT HOLDERS 12(1) Every person applying for a kennel licence shall comply with the requirements set out in A Code of Practice for Canadian Kennel Operations (Canadian Veterinary Medical Association), municipal and/or zoning by-laws, and any other terms or conditions set by Council. 12(2) Every person who owns or operates a kennel shall permit the Animal Control Officer to enter and inspect the kennel at all reasonable times for the purpose of determining compliance with this By-Law. 12(3) Where the Animal Control Officer finds that the owner or operator of a kennel does not comply with this or any other By-Law of the Municipality, his licence may be suspended, revoked and the Animal Control Officer may direct that the animals be seized and impounded. ANIMAL BITES 13(1) The Animal Control Officer shall apprehend, impound and place in quarantine any animal that he has reason to believe has bitten a person whether on private property or elsewhere and whether or not the skin was directly punctured or lacerated by the bite; and in his discretion, such action in respect of the animal is necessary for the protection of the public. 13(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. 13(3) Any aggressor animal so apprehended and impounded shall be quarantined for a minimum of ten (10) days or until determination that the animal is or is not a dangerous animal at the owner's expense, commencing from the date of impoundment. 13(4) The Animal Control Officer may, in his/her 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. 13(5) Every aggressor animal shall be examined by a licensed veterinarian approved by the Animal Control Officer prior to release from quarantine. The determination as to whether or not the aggressor animal can be released from quarantine or must be euthanized, shall be at the discretion of the Animal Control Officer based upon the following factors: the medical report of the licensed veterinarian who has examined the aggressor animal; whether or not the public health authorities are prepared to consent to the release of the aggressor animal; proof that the aggressor animal does not have rabies and that the aggressor animal has a current rabies vaccination at the date of the bite incident; 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 15 hereof have been complied with; and the severity of the bite incident, the circumstances surrounding the incident and the consequences of the incident. 13(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 provision contained herein. Original documents are to be submitted to the Municipal Office for accurate record keeping. DETERMINATION OF DANGEROUS ANIMAL 14 (1) Where the Animal Control Officer has reason to believe that an animal, including but not limited to an aggressor animal, is a dangerous animal, they shall arrange a hearing before Council at a regularly scheduled meeting of Council to determine whether or not the said animal should be declared a dangerous animal. In the event that an owner voluntarily accepts the dangerous animal declaration and the recommended disposition of the matter made by the Animal Control Officer, a hearing before Council may be dispensed with, and the recommended disposition of the matter shall constitute a final order in respect of which there is no appeal. This provision is provided that the acceptance is in writing as per Schedule 'E' attached hereto and filed with the Municipal Office. 14(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: 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 May impose all or any of the conditions set out in section 15 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. 14(3) The CAO shall provide written notice of the hearing to the owner of the animal at least ten (10) days in advance of the hearing either by serving notice upon the owner or by mailing the notice by registered mail to the last known address of the owner. The notice shall include the following information: The time, place and purpose of the hearing; A summary of the reasons in support of the allegation that the animal is dangerous; A copy of this By-Law; 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. 14(4) The owner has the right to appear at the hearing, with or without counsel, and to make submissions to Council and call evidence 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 respond to same. 14(5) Where the owner does not attend the hearing, having been given notice as provided in accordance with this section, 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. 14(6) Within five (5) working days of the hearing of Council, Council shall issue a written decision and shall deliver a copy of the decision in accordance with this section. 14(7) The decision of Council shall be final. There shall be no appeal from the decision of Council. 14(8) In the event that an animal is declared by Council to be a dangerous animal, any license previously issued in relation to that animal 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. Any licence fee shall be non-refundable. TERMS/CONDITIONS OF HARBOURING A DANGEROUS ANIMAL 15 The owner of a dangerous animal shall ensure that the following conditions are adhered to at all times along with any other conditions imposed by this or any other municipal By-Law: such an animal is licensed with the municipality as a dangerous animal in accordance with the fees outlined in Schedule 'A'; cause the dangerous animal to be tattooed upon the ear with clearly identifiable information as set out by Council and provide a copy of such information to the Animal Control Officer; such an animal is spayed or neutered; when such an animal is on the property of the owner, it shall be either securely confined indoors or in a securely enclosed and locked pen, structure or compound which: i) is capable of preventing the entry of young children and the escape of the dangerous animal; ii) has minimum dimensions suitable for the size of the dangerous animal, as prescribed by the Animal Control Officer; iii) has secure sides; and (iv) provides protection from the elements for the dangerous animal. (a) 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 refrained 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. (b) In the event that the dangerous animal is other than a dog, permit the dangerous animal upon public property only if it is under the effective control of a person competent to control it. Display in a conspicuous location at each entrance to the premises upon which the dangerous animal is kept, a sign stating: WARNING: BEWARE OF DANGEROUS <insert type of animal>. The sign shall be posted in such a manner that it cannot be removed easily by a passerby and will be visible and capable of being read from outside the premises. A policy of liability insurance, satisfactory to the municipality, in the amount of at least five hundred thousand dollars ($500,000.00) for injuries caused by the owner's dangerous dog. This policy shall contain a provision requiring the municipality to be named as an additional insured for the sole purpose that the municipality be notified by the insurance company of any cancellation, termination or expiration of the policy. Any dog that has been designated as dangerous under this By-Law may not be offered for adoption. Advise the animal control officer forthwith if the dangerous animal has gone missing, is running at large or has bitten, worried or attacked any person or animal. Advise the Animal Control Officer within three (3) working days of the death of the dangerous animal. Such other conditions as may be prescribed by resolution of Council. NON-COMPLIANCE OF DANGEROUS ANIMAL CONDITIONS 16 If the owner of any animal that has been designated as dangerous is unwilling or unable to comply with the requirements of this section, said animal shall then be seized and euthanized which shall be at the expense of the owner. DESTRUCTION OF DANGEROUS ANIMAL 17(1) Where it appears on reasonable grounds that the owner has breached a condition of this By-Law in respect of an animal that has been declared dangerous, or if an animal has caused injury or damage to a person, property or any other animal, or if the Animal Control Officer otherwise has reasonable grounds to believe that an animal presents a risk to any person, property or any other animal and such animal has been declared a dangerous animal by Council, the Animal Control Officer may apprehend and impound the animal for the purpose of destroying it. In the event that an animal is causing an immediate risk to any person, property or any other animal, the Animal Control Officer is authorized to apprehend and impound the said animal notwithstanding that it has been declared to be a dangerous animal by Council at the time of its apprehension and impoundment. 17(2) When the Animal Control Officer impounds an animal under this section for the purpose of destruction of the animal, he shall give the owner written notice, that the animal will be destroyed after the expiry of three (3) days from the date of the notice. The owner may appeal the decision of the Animal Control Officer to Council by providing written notice to the Municipal Office, in which case Council shall hold a hearing at the next regularly scheduled meeting of Council as to whether or not the animal should be destroyed; this hearing shall be carried out in accordance with the provisions of section 14 hereof. The animal shall remain quarantined in the pound pending the outcome of the hearing. SEIZURE AND IMPOUNDMENT 18(1) The Animal Control Officer may seize and impound any animal in enforcing this By-Law. 18(2) If the Animal Control Officer has seized and impounded an animal, the Animal Control Officer shall take the animal to the Pound. 18(3) Council or the Animal Control Officer, may establish from time to time a temporary or permanent premises for the confinement of animals apprehended pursuant to this By-Law. This may include the premises where the apprehension took place, and the owner of such premises or any other such person as may be authorized by Council, shall provide care for the impounded animals at a rate of remuneration to be fixed from time to time by the Council. 18(4) The Animal Control Officer shall, if the owner of the animal is known to the Animal Control Officer, notify the owner that the animal has been seized and impounded, that the animal may be redeemed from impoundment on the owner meeting certain terms including paying the impoundment fees set out in Schedule 'A', the Municipality's costs of enforcement, and if the animal is not redeemed within three (3) days of being impounded the animal may be rehomed or destroyed. 18(5) Such notice is met if the Animal Control Officer leaves the notice with a Responsible Person. 18(6) The Animal Control Officer shall, if the owner of the animal is unknown to the Animal Control Officer, post a notice with this same information in the Municipal Office and on the municipal website and social media accounts. Posting of such shall constitute notice from the date it is posted. 18(7) Where an animal seized and impounded is injured or ill and is treated by a veterinarian, the municipality shall, in addition to any impoundment fees, be entitled to charge the person claiming the animal for the cost of treatment. 18(8) Any animal that is impounded three or more times within any twelve 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. APPREHENSION BY RESIDENT 19 Any resident of the Municipality may apprehend and confine an animal which is running at large on his property, provided that he shall immediately thereafter inform the Animal Control Officer, Pound Keeper or the Clerk of the Municipality of the apprehension and confinement. REDEMPTION 20(1) An owner of the animal may redeem from impoundment by applying to the Municipal Office or Animal Control Officer. Upon payment of the fees set out in Schedule 'A' and the Municipality's costs of enforcement, and showing proof of vaccination required under section 10, the Animal Control Officer shall instruct the Pound to release the animal. 20(2) If in the Animal Control Officer's opinion, an animal that has been seized and impounded remains a serious risk to the safety of people or animals as a result of the animals's actions, the Animal Control Officer may impose conditions on the release of the dog to reasonably address the risk. The Animal Control Officer shall provide the owner of an animal in writing with the conditions at the time the owner redeems the animal (conditions of redemption). The owner shall acknowledge in writing the conditions of redemption at the time the animal is released from the pound as per Schedule 'A' attached hereto. 20(3) No responsible person may permit any animal to be in violation of the conditions of redemption. If the conditions of redemption are violated, the Animal Control Officer may seize and impound the animal. The animal is not subject to redemption. The Animal Control Officer shall, if the owner of the dog is known to the Animal Control Officer, notify the owner that the animal has been seized and impounded, the animal is subject to destruction within five (5) days of being impounded, the owner may request that Council review the destruction of the animal, and if no request for a review is made within five (5) days of being impounded, the animal shall be destroyed or rehomed. Such notice is met if the Animal Control Officer leaves the notice with a responsible person. The Animal Control Officer shall, if the owner of the animal is unknown to the Animal Control Officer, post a notice with the same information in the Municipal Office. 20(4) The owner is responsible for the fees set out in Schedule 'A' even when no request for a review is made. 20(5) The Pound Keeper shall not release any impounded animal until notified by the Municipal Office that the requirements of this section have been fulfilled. BREACH OF BY-LAW WHEN ANIMAL CONTROL OFFICER IS NOT PRESENT 21(1) In the event that the Municipality is not under contract with an Animal Control Officer it shall be another designated officer, such as the CAO, who may issue Breach of By-Law fines based on complaints submitted to the Municipal Office. 21(2) All complaints received must be in accordance with Section 22 noted below. 21(3) Upon receipt of a complaint, the designated officer will review all information necessary to the situation including pictures, history, or registrations. Should it be determined that the owner is in violation of any provision of this By-Law a warning notice will be issued. 21(4) Should it be determined that a warning letter was issued to the animal owner in the past, the designated officer may determine that a warning letter is not necessary. 21(5) Following a warning letter, or the determination that a warning letter is not necessary, the designed officer will issue a Breach of By-Law to the animal owner. Should the animal owner be a tenant, the Breach must also be sent to the registered owner of the property to which the animal is kept. 21(6) All Breach of By-Law fines will be in accordance with the fee schedule provided in Schedule 'A' of this By-Law. 21(7) All Breach of By-Law notices must be sent by registered mail to both the animal owner and registered property owner. 21(8) All Breach of By-Law notices must be accompanied with the application to appeal notice as per Schedule 'H' of this By-Law. The Breach of By-Law must clearly state the deadline for the application to be submitted to the Municipal Office. COMPLAINT IDENTIFICATION 22(1) Any person who makes a complaint alleging an offence under this By-Law against another person shall provide the Animal Control Officer or designated officer his/her name, address and telephone number. All complaints must include discernable pictures of the alleged offence including confirmation of the animal owner or proof of ownership. 22(2) Any such person who makes a complaint alleging an offence under this By-Law against another person shall be entitled notice of the scheduled Animal Control Public Hearing in regards to the enforcement of a Breach of By-Law for the alleged offence. PENALTIES 23(1) Any person who contravenes any provision of this By-Law is guilty of an offence and liable to the fees prescribed in Schedule 'A' attached hereto, including any costs associated with or resulting from enforcing this By-Law. 23(2) Any fees or fines invoiced under this By-Law may be collected and enforced by the Municipality in the same manner as a tax may be collected or enforced under The Municipal Act: A fine or penalty imposed on conviction; and The cost of an action taken by the Municipality under The Municipal Act. 23(3) All invoices not paid after 30 days are subject to interest as per outstanding accounts receivable policy. Any outstanding invoices, fines or penalties are an amount owing to the Municipality and may be collected by the Municipality in the same manner as a tax may be collected or enforced under The Municipal Act, which may include adding it to the applicable tax roll. 23(4) In the instances of issuance of a fine under this By-Law to a tenant, failure to pay the fines shall be added to the property owner's property tax account. 23(5) Each day of violation of any provision of this By-Law may constitute a separate offence. Fines imposed shall be doubled and compounded each day that the violation continues. 23(6) The levying and payment of these fines shall not relieve a person from the necessity of paying any fees, charges or costs from which he or she is liable under the provision of this By-Law. 23(7) Where any person contravenes the same provision of this By-Law twice within one twelve month period, the specified penalty payable in respect of the second contravention is double the amount specified in Schedule 'A' of this By-Law in respect to that provision. 23(8) A person who has been served with a Notice of Breach of this By-Law, may dispose of the matter by attending the Municipal Office during regular office hours within thirty (30) days of the date of the notice and pay the applicable fine, along with all other such charges that may have accrued as a result of enforcement of this By-Law. 23(9) Without limiting the generality of the foregoing, no animal impounded shall be released until all provisions of the By-Law pertaining to the said animal and/or impoundment have been complied with as set out by this By-Law. 23(10) The destruction or seizure of any animal does not excuse the owners responsibility to pay any fines or charges under this By-Law. 23(10) In the instances of issuance of a fine under this by-law to a tenant, failure to pay the fines shall be added to the property owner's property tax account. APPEAL PROCESS 24(1) An owner of the animal may request Council to review any Breach of By-Law, condition of redemption or proposed destruction, by giving a written notice to the Chief Administrative Officer within thirty (30) days of being served notice of Breach of By-Law. 24(2) Upon receiving a request for review, the Chief Administrative Officer shall set a date and time for the review by Council and notify the owner of the date and time of the review. 24(3) If applicable, the time specified for destruction is suspended from the date of receipt of a request for review to the date upon which Council makes its decision. 24(4) If applicable, all interest charges will be suspended from the date of receipt of a request for review to the date upon which Council makes its decision. 24(4) At the time and place set out in the notice, Council shall consider the request for review, and the owner may appear in person or by counsel. After reviewing the matter, Council may confirm, vary, substitute or cancel the conditions as set in the Breach of By-Law. 24(5) Any decision of Council is final and not subject to appeal. LIABILITY 25 No liability shall attach to the Animal Control Officer, the Pound Keeper, or other designated officer of the Municipality in carrying out their respective duties under this By-Law. REPEAL FORMER BY-LAWS 26 By-Laws 06/21 and any other By-Laws inconsistent herewith are hereby repealed. DONE AND PASSED as a By-Law of the Rural Municipality of Mountain by the Reeve and Council on this 24th day of May, A.D. 2023.  The Rural Municipality of Mountain ______________________________ Keith Behrmann Reeve ______________________________ Paige Wozny Chief Administrative Officer Read a first time this 26th day of April, A.D. 2023. Read a second time this 10th day of May, A.D. 2023. Read a third time this 24th day of May, A.D. 2023. Schedule 'A' to By-Law No. 02/23 RURAL MUNICIPALITY OF MOUNTAIN LICENCE AND IMPOUND FEES APPLICATION FEES: For a Kennel Permit $100.00 LICENCE FEES: Yearly Licence Fee payable in January $10.00 Yearly Licence Fee after January 31st $20.00 Transfer Fee $5.00 Replacement Tag $5.00 For each Dangerous Dog or Animal $100.00 Kennel Licence (annual fee) $100.00 BREACH OF BY-LAW FEES: (Section 18 gives authority for Council to charge any other costs of enforcement or veterinarian treatment as necessary during seizure and impoundment) Breach of Any Provision of This By-Law $50.00 (per Breach not per animal) If the violation occurs for more than one day or occur more than once in a 12-month period, the fines shall double and compound respectively. Daily Pound Fees In addition to the above applicable fines, the owner must pay the daily pound fees for each and every day the animal(s) is impounded. The daily pound fee, to be set at the actual cost to the municipality within any current contract between the municipality and pound service. Daily fees are based on a per animal per day basis, and apply to all impounded and quarantined animals. Schedule 'B' to By-Law No. 02/23 THE RURAL MUNICIPALITY OF MOUNTAIN BREACH OF BY-LAW TO: ________________________________________________________________ You are charged that on the ______day of ________________, 20___, you did unlawfully: as owner, permit an animal to run at large within the limits of the Rural Municipality of Mountain, contrary to section 8(1)(a). as owner, permit any animal to bark, howl or make a noise that could disturb the peace and enjoyment of people in the surrounding area, contrary to section 8(1)(b). as owner, permit any animal to worry, bite, injure or attack a person or animal, contrary to section 8(1)(h). as owner, permit or keep more than two dogs on a property or five cats on a property contrary to section 8(1)(j). as owner, failed to abide by the duties of an owner regarding a dangerous animal, within the limits of the Rural Municipality of Mountain, contrary to section 15. As owner, ____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ within the limits of the Rural Municipality of Mountain, contrary to section _______ of By-Law 02/23. Payment may be made within fifteen (15) days from the date of Breach. (Section 23(7)). Payment Due Date: Payment Total: An appeal of all charges must be made in writing within five (5) days to the Municipal Office where a hearing will then be set for the next regularly scheduled Council meeting. Should you wish to make representations at this hearing, your attendance in person is required. Council may make any decision in your absence. The decision of Council is final and not subject to further appeal. Dated at The Rural Municipality of Mountain, in the Province of Manitoba, this_______ day of __________________, 20____.   _________________________________ Animal Control Officer  NOTE: "owner" includes any person who owns, keeps, harbors or has possession or control of an animal, or who owns, leases or occupies, either solely or jointly with others, any premises containing the animal or which contained the animal immediately prior to an attack by the animal or apprehension of the animal by the animal control officer or any other person. Schedule 'C' to By-Law No. 02/23 THE RURAL MUNICIPALITY OF MOUNTAIN NOTICE OF IMPOUNDMENT Owner:_________________________________________________________________ (Name and address of Owner of Animal) Description of Animal: ____________________________________________________ Date of Apprehension:____________________________________________________ Time of Apprehension:____________________________________________________ Location of Apprehension:_________________________________________________ Place of Impoundment:___________________________________________________ Hours of Operation of Pound:______________________________________________ Phone Number of Pound:__________________________________________________ Daily Pound Fee:_________________________________________________________ Impoundment Fee and/or Fine:____________________________________________ Date Animal will be Sold or Destroyed:_______________________________________ Date:_______________________ Signature: __________________________ All payments must be received by the Municipal Office prior to release of animal from the pound. THE FOLLOWING TERMS AND CONDITONS AS SET BY THE ANIMAL CONTROL OFFICER SHALL BE AGREED TO PRIOR TO RELEASE FROM IMPOUNDMENT: ______________________________________________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________ I hereby agree to the above mentioned terms and conditions __________________________ _______________________ Signature of Owner Date Schedule 'D' to By-Law No. 02/23 RURAL MUNICIPALITY OF MOUNTAIN APPLICATION FOR KENNEL PERMIT New Applicant Renewal Applicant Name of Applicant: ________________________________________________________________________ Address of Applicant: ________________________________________________________________________ Name of Kennel: ________________________________________________________________________ Location of Kennel: ________________________________________________________________________ Telephone Number: ________________________________________________________________________ PURPOSE OF LICENCE APPLICATION/RENEWAL Commercial Dog Kennel (Please mark all that apply) Breeding Buying/Selling Boarding Training Rescue Non-Commercial Dog Kennel (Please mark all that apply) Personal Enjoyment Agriculture/Hunting Shows Rescue/Foster Payment is due with application and does not guarantee issuance of kennel permit. By signing below, the applicant or kennel operator is agreeing to make his or her premises available to the Rural Municipality of Mountain for the purpose of ascertaining compliance with kennel standards through kennel inspections. All kennels must operate in accordance with applicable Zoning or municipal laws. Submitted herewith are __________ Rabies Vaccination Certificates, signed by a licensed veterinarian. The total number of dogs over 4 months of age in the proposed kennel is _________________________. ____________________________________ ________________________ Signature Date For Office Use only Fees Paid $____________ Date: _____________ Council Resolution: ____________ Schedule 'E' to By-Law No. 02/23 RURAL MUNICIPALITY OF MOUNTAIN ACCEPTANCE OF DANGEROUS ANIMAL Name: _____________________________________________________________ Address: _____________________________________________________________ Phone Number: _____________________________________________________________ Email: _____________________________________________________________ Description of Dangerous Animal: _____________________________________________________________ __________________________________________________________________________________________________________________________ Location to Which Dangerous Animal will be kept: _____________________________________________________________ I, _____________________________________ hereby do accept the determination of the Animal Control Officer that my animal is a Dangerous Animal and I shall comply with the Dangerous Animal provisions of By-Law No. 02/23, along with any other conditions imposed by Council that they deem as necessary. I understand by signing this form that I am voluntarily accepting that my animal is dangerous and that I am not entitled to a hearing of Council. This decision is final and not subject to appeal. ___________________________ ____________________ Signature Date Schedule 'F' to By-Law No. 02/23 RURAL MUNICIPALITY OF MOUNTAIN NOTICE OF PUBLIC HEARING On the date and at the time and location shown below, a PUBLIC HEARING will be held to receive representations in respect to the following matter: Pursuant to By-Law No. 02/23, you have been charged on _________________________, 20____ with the following charges (a copy of By-Law No. 02/23 attached): _______________________________________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________________________________ Attached please find any supporting evidence of charges. HEARING R.M. of Mountain Council Chambers LOCATION: 200 Drury Avenue, Birch River MB DATE & TIME: ________________________ @ _____________ A.M. FOR INFORMATION R.M. of Mountain CONTACT: 200 Drury Ave, Birch River, MB Phone: (204) 236-4222 Email: HYPERLINK "mailto:[email protected]" [email protected] Should you wish to make representations at this hearing, your attendance in person is required. Council may make any decision in your absence. The decision of Council is final and not subject to further appeal. Dated at The Rural Municipality of Mountain, in the Province of Manitoba, this_______ day of ___________________, 20____. Schedule 'G' to By-Law 02/23 RELINQUISH ANIMAL Animal Name: ___________________________________________________________________ Tag Number (if applicable): ___________________________________________________________________ Color/Breed: ___________________________________________________________________ I, ________________________ do hereby relinquish the above noted animal to the care of the RM of Mountain. ____________________________________ ____________________ Signature Date Comments: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ SCHEDULE 'H' ANIMAL CONTROL BY-LAW 02/23 NOTICE OF OBJECTION TO: The Rural Municipality of Mountain PLEASE TAKE NOTE that as the property owner of _____________________________________________________________. I hereby appeal ORDER No. ______________ Issued on _______________. REASONS FOR OBJECTION: [Please enclose any other information necessary] ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ______________________________ Name [Please print] ______________________________ _______________________ Signature Date