Rural Municipality of Prairie Lakes, Manitoba
· adopted 2015-03-11
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RURAL MUNICIPALITY OF PRAIRIE LAKES
BY-LAW NO. 22, 2015
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF PRAIRIE LAKES FOR
ALLOWING RESTRAINING, PROHIBITING AND REGULATING THE RUNNING AT
LARGE OR TRESPASSING OF ANIMALS AND FOWL AND PROVIDING FOR
IMPOUNDING THEM.
WHEREAS The Municipal Act S.M., 1996, C.58(the 'Act") provides, in part, as follows:
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..."
NOW THEREFORE BE IT RESOLVED THAT the Council of the Rural Municipality of
Prairie Lakes, in the Province of Manitoba, in open meeting duly assembled, hereby enacts as
follows:
1. Title
This By-Law shall be referred to as the "Poundkeeping" by-law.
2. Definitions:
Where used in this By-Law, the following terms shall have the following meaning:
(a) "Animal" means any creature that is not human, but does not include a dog, domestic
Cat, or exotic animal;
(b) "Owner" is in relation to an animal and includes a person who harbours the animal;
(c) "Running at Large" in relation to an animal means not being under direct, continuous
and effective control of the owner or a person competent to control it, or not securely
confined within an enclosure or otherwise so that it is unable to roam at will;
(d) "Municipality" means the Rural Municipality of Prairie Lakes.
3. Running At Large Animals
(a) No owner or person in charge of an animal shall allow it to run at large or trespass
within the boundaries of the Municipality at any time;
(b) The owners of any animal running at large within the Municipality shall be liable for
any damage caused by it;
(c) No person shall leave open any gate or let down any bar or make a gap in any fence
in the Municipality for the purpose of permitting any animal to trespass or in any way
cause any animal to trespass.
4. Appointment of Poundkeepers
(a) The council of the Municipality may by resolution, from time to time, appoint and
remunerate one or more Poundkeepers, resident within or outside the boundaries of
the Municipality, to hold office for a term indefinite or until his/her or their
successors are appointed.
5. Duties of Poundkeeper
(a) Each Poundkeeper shall, at his/her own expense, provide premises within or outside
the Municipal boundaries for the enclosure and safe keeping of any animal or animals
impounded, and shall keep such premises clean and in good repair, but shall not be
liable for any loss other than attributable to his/her negligence or default;
(b) The Poundkeeper shall impound any animal running at large or found trespassing
within the Municipality and shall detain same until the owner thereof has paid any
costs unless sooner sold as herein provided;
(c) Where an animal is impounded and not claimed by the owner within forty-eight (48)
hours after impoundment, the Municipality shall cause to be inserted in one issue of a
newspaper published in Manitoba, and circulated in the Municipality, a notice as per
Schedule "A", describing the animal, the age as near as possible, sex and colour, and
any brand or other marks of identification;
(d) Notwithstanding a demand for the release of any animal so impounded, made by the
owner thereof, such animal shall be held by the Poundkeeper for a period of forty-
eight (48) hours following such impoundment, and if no notice of claim for any loss
or damage occasioned by such animal is made to the Poundkeeper within such time,
the Poundkeeper may forthwith deliver up such animal to the owner upon payment of
the costs and expenses of such impoundment;
(e) No Poundkeeper making a sale under the provisions of this By-Law shall be liable to
the penalties for selling without a license as an auctioneer;
(f) The Poundkeeper, acting on behalf of the Municipality shall immediately after each
sale, send to the Chief Administrative Officer of the Municipality a description of the
animal sold, the date of the sale, the amount realized, and shall give the Chief
Administrative Officer any proceeds arising from the sale.
6. Reimbursement of Costs
(a) If more than one animal is impounded and the owner thereof is known, the
Municipality shall not sell any more of such animals after he/she has realized from
sale sufficient to satisfy the claims for damages, expenses and fees chargeable against
the animals, and the owner of the animals is unknown, the Municipality shall sell all
the animals impounded;
(b) In the event of the proceeds of the sale under the last preceding section not being
sufficient to pay the expenses in full, the Council shall reimburse the Poundkeeper for
any expenses, including the allowable sustenance charges, incurred by him/her and
the owner of the animal shall be liable for payment of the deficiency and if same
remains unpaid, such amount may be added to the tax roll in the name of the owner;
(c) Nothing herein contained shall prevent the owner of any lands trespassed upon or of
any property destroyed waiving right arising under the By-Law and bring his/her
action in any competent court in consequence of any trespass.
7. Unclaimed Animal/s
(a) If an impounded animal has not been claimed, the Municipality shall sell the animal
by public auction and apply the proceeds of sale firstly in payment of any costs and
charges attending the sale, secondly in payment of any sustenance charges, thirdly to
the impounder of such animal of the amount due to him/her for delivering the animal
to the Poundkeeper, and the residue, if any, to the Chief Administrative Officer of the
Municipality to be retained by him/her in a special account for one year when, if not
claimed, such proceeds shall go to the general funds of the Municipality.
8. Obstruction/ Interference with Poundkeeper/Municipal Officer
(a) No person shall hinder, delay or obstruct the Poundkeeper or Municipal Officer
engaged in taking any animal to the pound;
(b) No person shall break open or in any matter directly or indirectly aid or assist any
person to break open any pound.
9. Offences
(a) Any person found guilty of a breach of any provision of this By-Law shall upon
conviction for any such offence, be liable to a fine not exceeding five hundred
($500.00) dollars or to imprisonment for a term of not more than three months (3) of
both. Where contravention, refusal, neglect, omission or failure continues for more
than one day, the person is guilty of a separate offence for each day that it continues.
DONE AND PASSED as a By-Law of the Rural Municipality of Prairie Lakes at
Belmont, in the Province of Manitoba, this 11th Day of March, 2015
_____________________________________
Reeve.
____________________________________
Chief Administrative Officer.
Read a first time: February 11, 2015
Read a second time: March 11, 2015
Read a third time: March 11, 2015