Rural Municipality of Portage la Prairie, Manitoba
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RURAL MUNICIPALITY OF PORTAGE LA PRAIRIE
BY-LAW NO. 3040
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF PORTAGE LA
PRAIRIE to regulate the ownership and possession of dogs within the Local
Urban District of OAKVILLE.
THE REEVE AND COUNCIL OF THE RURAL MUNICIPALITY OF PORTAGE
LA PRAIRIE IN OPEN SESSION ASSEMBLED HEREBY ENACTS AS A BY-
LAW OF THE SAID MUNICIPALITY AS FOLLOWS:
1) This By-Law may be referred to as "the Oakville Dog By-Law".
2) Whenever used in this By-Law, unless the context otherwise requires:
a) CLERK: means the Chief Administrative Officer or the Assistant Chief
Administrative Officer.
b) DOG: means any male or female dog that is three or more months old.
c) DANGEROUS DOG: means any dog which has been declared
dangerous pursuant to the Municipality's Dog Control By-Law, being
By-Law No 2957 (hereafter called the Dog Control By-law);
d) DOG CONTROL OFFICER: means the person appointed by Council
from time to time to carry out the duties of such officer as set forth in the
Dog Control By-Law and includes his deputy or assistant.
e) DOG POUND or DOG POUNDS: means any pound or pounds acquired
and or operated for the Rural Municipality of Portage la Prairie as the
case might be.
f) PERSON: includes corporation, firm, a partnership and association.
g) POUNDKEEPER: means a poundkeeper for the time being of the Rural
Municipality of Portage la Prairie and includes his deputy or anyone or
more of his assistants or anyone performing any of the duties of the
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poundkeeper and includes where the context requires, the Dog Control
Officer.
h) OWNER: means any person who keeps or harbours a dog.
3) No person may keep or harbour any DANGEROUS dog within the Local
Urban District of OAKVILLE.
EXCEPTION: This paragraph does not apply to any DANGEROUS dog that is
duly licensed to an Owner, resident in the Local Urban District of OAKVILLE,
in accordance with the Dog Control By-law as of May 9, 2006. This exception
is limited to any specific DANGEROUS dog owned and licensed on that date,
during its lifetime, and does not permit replacement or substitution.
4) No person or persons may keep or harbour more than 2 dogs of any kind
in any house or building or at any property within the Local Urban District
of OAKVILLE.
5) The provisions of paragraph 4 do not apply to dogs kept at premises for
which a kennel licence has been issued.
6) The OWNER of any dog shall notify the Dog Control Officer within 2
working days in the event his dog has a litter and:
a) shall dispose of the litter before or when the pups are weaned, unless
keeping one or two of the pups does not exceed the two dog limit in this
By-law;
b) if a litter is born to a DANGEROUS dog, all the pups must be disposed
of before or when the pups are weaned.
7) a)Where the Dog Control Officer believes a dog is being kept or harboured
in contravention of this By-law;
i) he/she shall seize the dog and deliver it to the Poundkeeper for
impoundment, and
ii) where such an impounded dog is not duly licensed as required by
the Dog Control By-Law, and if no Owner identifies himself/herself to
the Dog Control Officer within 5 working days, he shall cause the
dog to be destroyed, or
iii) if the dog is duly licensed as required by the Dog Control By-Law or
if an Owner identifies himself/herself as described above, he/she
shall deliver to the Owner a notice of the impoundment which
advises that, if the Owner does not provide evidence in writing to the
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Clerk within 5 business days that the dog was not being kept in
contravention of this By-law, the dog will be destroyed.
b) If the Clerk is satisfied by the evidence provided by the Owner that the
dog was not being kept in contravention of this By-law, he/she shall
direct that the dog be released by the Poundkeeper, without charge.
c) If the Clerk is not satisfied by the evidence provided by the Owner that
the dog was not being kept in contravention of this By-law, he/she shall
direct that the dog be destroyed and inform the Owner of his/her
decision and his/her reasons for that decision by ordinary mail
addressed to the last known address of the Owner.
d) The Owner, within 15 days of the mailing by the Clerk of his decision
and upon payment of a filing fee of $150 and all impoundment costs
owing to date, may appeal the Clerk's decision to Council.
e) Within 3 weeks of receipt of a properly constituted appeal, a 3 member
panel of Council shall convene an appeal hearing and give effective
notice of the hearing date to the Dog Control Officer and the Owner.
f) At the hearing of the appeal, the panel shall consider the reasons given
by the Clerk and submissions from the Owner and the Dog Control
Officer and may confirm or reverse the decision of the Clerk.
g) The decision of the appeal panel or the decision of the Clerk, if not
reversed on appeal in accordance with this By-Law, is final and binding
on all persons, is not subject to further appeal, and is not subject to
review by a court on any grounds whatsoever.
h) If the Clerk's decision to destroy the dog was not appealed in
accordance with this By-law, or if an appeal was dismissed, the dog
shall be destroyed without further notice to the Owner.
i) If Council reverses a decision of the Clerk on appeal, the Owner shall
be entitled to a refund of the appeal filing fee and release of the dog,
without payment of any impoundment fees.
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8) Nothing in this By-law exempts an Owner from compliance with the Dog
Control By-Law.
9) In any prosecution under this By-Law a dog shall be presumed to be three
or more months old and the onus shall be on the person charge to prove
otherwise.
10)
Any person who contravenes a provision of this By-Law is guilty of
an offence and liable, upon summary conviction, to the following penalty:
i) for a first offence, a fine of not less than $250;
ii) for a second offence, occurring within 12 months of the first offence,
a fine not less than $500; and
iii) for a third offence, occurring within 24 months of a first offence, a
fine not less than $1,000.
11)
All expenses incurred in impounding, caring for, destroying, or
disposing of a dog, and all fines and costs imposed on a prosecution under
this By-Law, are a debt owed by the Owner of the dog to the Municipality
and may be recovered by the Municipality in a court of competent
jurisdiction or may be collected by the Municipality in the same manner as
a tax may be collected or enforced under The Municipal Act.
12)
That By-Law No. 2984 is hereby repealed.
DONE AND PASSED as a By-Law of the Rural Municipality of Portage la Prairie
by the Reeve and Council thereof in open session assembled this 8th day
of December A.D., 2009.
Joseph T. Trimble
Reeve
Daryl Hrehirchuk, CMMA
Chief Administrative Officer
Read a first time this 10th day of November, A.D., 2009
Read a second time this 8th day of December, A.D., 2009
Read a third time this 8th day of December, A.D., 2009