By-Law No. 2020-17 Animal Control By-Law — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 84c3a85746a7 · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## Disclaimer: This information has been provided solely for research convenience. Official bylaws are available from the Municipal Office and must be consulted for purposes of interpretation and applications of the law. ## RURAL MUNICIPALITY OF RIDING MOUNTAIN WEST By-law No. 2020-17 Including Amendments to This By-law has been consolidated under the authority of the Chief Administrative Officer. It represents proof, in absence of evidence to the contrary of: - a) The original by-law and all by-laws amending it; and - b) The fact of passage of the original and all amending bylaws. ## OFFICE CONSOLIDATION ## ANIMAL CONTROL BY-LAW By-law No. 2020-17 ## AMENDMENTS ## DATE PASSED ## BY-LAW NO. 2020-17 ## ANIMAL CONTROL BY-LAW Being a By-Law of the RM of Riding Mountain West to provide for the regulation and control of animals within the limits of the Municipality. WHEREAS subsection 232(1) of The Municipal Act S.M. 1996, c.58 (the "Act) provides, in relevant part, as follows: ## Spheres of jurisdiction - a) the safety, health, protection and well-being of people and the safety and protection of property; 232(1) 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; - 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; AND WHEREAS, subsection 236(1) of the Act provides, in relevant part, as follows: ## Content of by-laws under clause 232(1)(0) 1. providing for procedures, including inspections, fordetermining whether by-laws are being complied with; and 236(1) Without limiting the generality of clause 232(1)(0) (enforcement of bylaws), a by-law passed under that clause may include provisions 2. remedying contravention of by-laws, including 2. creating offences, i) 3. ii) subject to the regulations, providing for fines and penalties, including the imposition of a penalty for an offence 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 offence, or related to enforcing the by-law, 4. іїї) providing that an amount owing under subsection (li) may be collected in any manner in which a tax may be collected or enforced under this Act, ## 1.0 CITATION - iv) seizing, removing, impounding, confiscating, and selling or otherwise disposing of pants, an , animals, vehicles, orother - v) charging and collecting costs incurred in respect of acting under subsection (iv), - vi) imposing a sentence of imprisonment for not more than six months for the commission of offences 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 bylaw 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 I-DEFINITIONS AND INTERPRETATION This By-Law may be referred to as the "Animal Control By-Law". ## 1.1 LIST OF SCHEDULES: Schedule "A" - Cat Complaint Schedule "B" - Procedures & Guidelines for Trapping Stray Cats Schedule "C" - Dog/Cat Biting Report Schedule "D" - Excess Animal Permit Schedule "E" - Notice of Impoundment Schedule "F" - Restricted Animal Permit Application Schedule "G" - Licensing Fees and Charges ## 1.2 AMENDMENT OF SCHEDULES Council of the RM of Riding Mountain West may from time to time, by resolution, amend each and every schedule attached to this by-law. ## 1.3 DEFINITIONS In this By-Law, unless the context otherwise requires, "Aggressor Animal" shall have the meaning ascribed thereto in section 4.0 of this ByLaw. "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 (domestic Cat). "Council" means the Council of the RM of Riding Mountain West. "Companion Dog" means a dog used as a guide or for assistance to a disabled person shall be licensed and shall wear the current license tag. "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 then followed with a booster vaccination not sooner than 60 days and not greater than one year after the primary vaccination, and is then subsequently vaccinated at regular intervals not exceeding three years. "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 4.1 of this By-Law. "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: - (i) 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; - (ii) 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 subsection (i) above, and - (iii) 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: - a. dairy cattle and beef cattle, goats, sheep, bison and horses; - b. swine (including wild boar); - c. all cervids on game production tarms; - d. all of the family Camilidae (including, Llamas and Alpacas); - f. specialty fowl (including guinea fowls); and - e. all domestic poultry (including chickens, turkeys, ducks and geese); - g. any other animals that are of a species orkind prescribed as Livestock in the regulations pursuant to The Animal Liability Act. "Municipality" means the RM of Riding Mountain West "Owner" includes any Person who owns, keeps, harbours 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. "Person" includes a firm or corporation. "Pound" means any enclosure, Premises or place, whether within or outside the Municipality, designated by Council for the impoundment and careof any animal for the purposes of enforcing any provisions 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 2.3 of this By-Law. "Premises" includes a building or accessory building and any lands on which the building is situated. "Restricted Animal" means any of the following animals: - (ii) all members of the order Crocodilia; - (i) all venomous reptiles or venomous snakes, any constrictor snake; - (iii) all non-human Primates; - (IV) all members of order Carnivora excepting domestic Dogs (Canis familiaris), domestic cats (felis catus) and terrets; - (V) any wild animal within the meaning of The Wildlite Act, - (vi) 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: - 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. ## 1.4 INTERPRETATION 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. ## 1.5 APPLICATION This By-Law applies to all pets and domestic animals within the Municipality boundaries. ## PART II - ANIMAL POUND, ANIMAL CONTROL OFFICER AND POUNDKEEPER ## 2.0 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 on their behalf. The costs associated with the Pound operated by or for the RM of Riding Mountain West shall be paid out of the general funds of the Municipality. ## 2.1 APPOINTMENTS Council may appoint one or more Persons as Animal Control Officers) to carry out the enforcement of this By-Law. The Animal Control Officers) so appointed may be appointed on a temporary or permanent basis, and shall be paid out of the general funds of the Municipality. ## 1) Animal Control Officer ## 2) Poundkeeper 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 basis, and shall be paid out of the general funds of the Municipality. ## 3) Common Animal Control Officer and Poundkeeper At the discretion of Council, the Animal Control Officer may also serve as Poundkeeper, and vice versa. ## 4) Revoke Appointment of Animal Control Officer or PoundKeeper Council may revoke, by resolution, the appointment of the Animal Control Officer or Poundkeeper under this by-law passed at any time. ## 2.2 DUTIES OF THE ANIMAL CONTROL OFFICER It shall be the duty 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 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. - c) 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. - d) 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, or which is kept or harboured by, or in the possession or control of, any person that is in breach of this ByLaw or of 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). - e) to make reasonable attempt to notify the owner of every animal impounded if the identity of the owner is known, by direct contact with the owner or by leaving a notice at the last known address of the owner, which notice shall be in the form set out in Schedule B hereto attached and shall state the place and time that the animal was apprehended, the place and time when the animal can be redeemed from the pound, the impoundment fee, any daily pound fees, 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 identity of the owner of the animal is not known, the animal control officer shall post in the general office of the Municipality, a notice describing the animal, the date of apprehension and the date after which the animal will be sold, destroyed or otherwise disposed of. - f) A licensed veterinarian may use a tranquilizer gun for the purpose of capturing any animal found to be running at large within the Municipality. - g) to enforce the provisions of this By-Law. ## 2.3 DUTIES OF THE POUNDKEEPER It shall be the duty 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: - i) 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); 4. ii) the day and hour of its impoundment; 5. ili) the day and hour of its redemption, sale, disposition or destruction, together with the details of redemption, sale, disposition or destruction; 6. 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 8. vi) such other particulars as the Administrator of the Municipality shall direct from time to time. - d) To advise administration to collect all fees charged by the pound, and provide such reports and statements as the said Administrator 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 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 (i) where the Municipality 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 not been redeemed, it will be the duty of the poundkeeper to do one of the following with the impounded animal: - h) 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 - i) 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. - j) The Municipality may vary the terms, conditions and duties of the poundkeeper by contract with a private party, provided however that the contract shall contain (and where absent in the contract, shall be deemed to incorporate) as minimum provisions, the duties of the poundkeeper set out in paragraphs (a), (b) and (c) above, and 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 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 impounded animal for an amount less than 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 III - DOGS, CATS AND OTHER DOMESTIC PETS ## 3.0 LICENSING OF DOGS/CATS - 1) The Owner of every Dog or Cat over the age of six 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 the Fees and Charges By-Law. 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. 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 its collar shall constitute an offence under this By-Law. - 2) The required Dog or Cat license may be sold by the Municipality. - 3) No Person shall be permitted to remove the collar or license tag from any Dog or Cat without a lawful excuse, and any such removal shall constitute an offence under this By-Law. - 4) The license fee hereby imposed shall be due and payable on the 1st day of January in each year and shall expire on the 31st day of December in the year in which the license fee was levied and paid. - 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 G. - 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 G. Any failure to report a change in Ownership or to pay the prescribed transfer fee shall constitute an offence under this By-Law. - 7) Subsections (1), (2), (3), (4), (5) and (6) above shall not apply to rural residents and non-residence of the Municipality who bring a Dog or Cat on a temporary visit into the Municipality, provided however, that nothing in this subsection shall authorize any Person to bring a Dog or Cat into the Municipality that is a Dangerous Animal or is vicious 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. - 8) Subject to subsection (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. 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 or her Dog or Cat if he or she 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. - 9) A Dog used as a guide or for assistance to a disabled person (Companion Dog) shallbe licensed and shall wear the current license tag. Any person who produces evidence satisfactory to the Municipality showing that the Dog is required as a guide or for assistance by a disabled person shall be exempt from paying the license fee, in accordance with the Schedule. ## 3.1 RABIES VACCINATION Except where section 12(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, terminate the Owner's Dog or Cat license, and the Animal Control Officer may apprehend and impound the Dog or Cat, and may issue an Offence Notice to the Owner. ## 3.2 RESPONSIBILITY OF OWNERS REGARDING DOGS AND/OR CATS - 1) No Owner shall: - a) permit his or her Dog or Cat to Run at Large, except in designated. 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 or her Dog to bark or howl, or Cat to howl, or in any other way unduly disturb the quiet of any Person or Persons anywhere in the municipality. - c) permit his or her 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 forthwith. - d) permit his or her Dog or Cat to defecate on his or her property in a manner which constitutes an environmental or health hazard or a nuisance for neighbours. - e) permit his or her 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. - 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 six months or that is a registered Companion Dog for the disabled) for which a valid license has not been issued. - g) own, keep, harbour or have possession or control of any Dog or Cat determined tobe a Dangerous Animal, unless such Dog or Cat is kept at all times in accordance with the provisions of Part IV. - h) permit his or her Dog or Cat to pursue, bite, wound or worry any Person or animal, whether or not on the property of the Owner. - i) permit his or her Dog or Cat on any school ground or playground. - j) permit his or her Dog or Cat to upset waste receptacles or otherwise litter. - k) permit his or her Dog or Cat on public property unless the Dog or Cat is on a leash (which leash shall be no longer than six feet in length, fully extended) and the Dog or Cat is in the actual custody and effective control of the Owner or a Person competent to control it. - 2) A disabled Owner of a registered Companion Dog or any other Person who requires the assistance of a registered Companion Dog shall not be subject to the restrictions imposed under subsections (c), (f), (i), and (i) above. ## 3.3 REDEMPTION 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 72 hours of the apprehension and impoundment by applying to the Poundkeeper for redemption and paying: - 1) the impoundment fee as set out in Schedule G; - 2) 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 - 3) all outstanding fines, damages or costs relating to the impounded animal. ## 3.4 RESTRICTIONS ON DOMESTIC PETS ## 1) General 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 Aunicipality unless such Person has been issued a permit by the Municipalit! inder section 6.0 of this By-Law, and also holds all other government licenses a may be required, to keep or harbour the animal within the Municipality. ## 2) Dogs and Cats - a) Subject to subsection (b) below and the provisions of section 3.2, the Owner of a Dog or Cat shall not permit the animal to be outside of the Owner's Premises unless: - i. the Dog or Cat has a collar which has securely fastened to it a proper license tag that identifies a valid license in respect of that Dog or Cat; - ii. the Dog or Cat is on a leash that is less than six feet in length fully extended; and - ili. the Dog or Cat is under the immediate charge and effective control of a Person competent to control it. - b) A female Dog or Cat in heat shall be confined to the Premises of the Owner or a Person having control of the Dog or Cat, or shall be housed in a licensed kennel, for the period of time that the Dog or Cat is in heat. The said confinement shall be in such a manner as to prevent any contact between the Dog or Cat in heat and any other Dog or Cat except other Dogs or Cats owned by the same Owner or by another Owner who voluntarily permits such contact. ## 3) Live Trap - a) A citizen of the Municipality who is annoyed with damages done to his property as a result of a stray Cat, may telephone the Animal Control Officer and voice a complaint, requesting that a Cat trap be placed on his Premises. The citizen shall: - i) provide to the Poundkeeper or Animal Control Officer, as applicable, his or her name, address and telephone number; 3. ii) 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. (see Procedures & Guidelines for trapping stray Cats in Schedule B - ill) pay any deposit and/or fee as may be authorized by Council from time to time for use of the trap. - 4) Maximum Number of Dogs and/or Cats No Person shall own, harbour, keep or have in his possession or control or on his Premises, more than three Dogs, or three Cats, or a combination of both, over the age of six months, regardless of the number of people who may be inhabiting the Premis. ## PART IV -AGGRESSIVE AND DANGEROUS ANIMALS ## 4.0 AGGRESSOR ANIMALS - 1) The Animal Control Officer: - a) shall apprehend, impound and place in quarantine any Dog or Cat that he or she has reason to believe has bitten a Person; and - b) may apprehend, impound and place in quarantine any other Domestic Pet that he or she has reason to believe has bitten a Person if, in his or her discretion, such action in respect of the Domestic Pet is necessary for the protection of the public; - c) in either case, the Animal Control Officer shall be entitled to apprehend an animal referred to in section 4.0(1)(a) or (b) above, herein after called 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 and under the control of a qualified Dog handler. - 2) If the Aggressor Animal is not voluntarily surrendered to the Animal Control Officer by the Owner, the Animal Control Officer shall apprehend and impound the Aggressor Animal and, if necessary, shall apply to a provincial court judge, magistrate or justice of the peace, as required, in order to obtain authorization to enter the personal residence of the Owner for the purpose of apprehending and impounding the Aggressor Animal. - 3) Any Aggressor Animal so apprehended and impounded at the Pound shall be quarantined for a minimum of 10 consecutive days at the Owner's expense, commencing from the date of impoundment (the "quarantine period"). - 4) The determination as to whether or not the Aggressor Animal can be released to the Owner after expiry of the prescribed quarantine period, 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) the severity of the bite incident, the circumstances surrounding the incident and the consequences of the incident. - c) a determination that the Aggressor Animal is not aDangerous Animal pursuant to section 4.1; - d) whether or not the Aggressor Animal is a Restricted Animal, and if yes, whether or not the provisions of Part VI hereof have been complied with by the Owner; and - e) 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. - 5) Prior to the Aggressor Animal being released from quarantine, the Owner must pay all veterinary and Pound fees together with any costs or fines assessed against the Owner that may arise as a result of an impoundment under this Part. - 6) In the case of a Dog or any other animal other then a Cat that has been deemed an Aggressor Animal, if in the opinion of a licensed veterinarian, the Aggressor Animal impounded poses no health risk, the Aggressor Animal may be released to the owner prior to the completion of a 10 day mandatory quarantine, provided the following conditions are met: - a) the Owner must pay all pound fees together with any costs or fines assessed against the Owner; - b) the Aggressor Animal must be prevented from having any contact with any person or animal except for the owner for a period of 10 days from the date of release; - c) any behavioural changes in the Aggressor Animal must be reported to the Animal Control Officer or supervising veterinarian immediately; - d) the Aggressor Animal must be kept indoors or confined to a locked fenced enclosure that is not accessible to any persons, other than the owner, who may from time to time enter the premises; - e) the Owner is prohibited from taking the Aggressor Animal to any public locations; - f) the Owner must post a sign at the entrance way to their property with wording such as "BEWARE. DOG BITES"; - g) the Owner must provide to the Animal Control Officer proof of Current Rabies Vaccination; - h) the Owner must have the Aggressor Animal examined by the veterinarian immediately after the 10 days have elapsed since the animal was first quarantined; - 7) In the case of a Cat that has been deemed an Aggressor Animal, the impounded Cat must be held at the Pound for the entire 10 day mandatory quarantine. - 8) Every Aggressor Animal shall be examined by a licensed veterinarian approved by the Animal Control Officer prior to release from quarantine. - 9) In the event that the Owner fails to redeem the Aggressor Animal from the Pound within 72 hours after expiry of the quarantine period, the Aggressor Animal shall be sold, or otherwise disposed of, or humanely euthanized at the discretion of the Animal Control Officer. ## 4.1 DESTRUCTION OF AGGRESSOR ANIMAL - 1) Where it appears on reasonable grounds that an owner has breached a condition of this By-Law in respect of an aggressor animal has caused injury or damage to any person, grounds to believe that an 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 not been declared to be a dangerous animal by Council at the time of its apprehension and impoundment. - 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 Chief Administrative Officer, in which case Council shall hold a hearing at a regularly scheduled meeting of Council as to whether or not the animals should be destroyed. The animal shall remain quarantined in the pound pending the outcome of the hearing. ## PART V - LIVESTOCK - 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. 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. ## 5.0 LIVESTOCK - 2) An Owner shall not permit his or her 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. - 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 time by the Council. The Council may authorize the establishment of a temporary Pound, which temporary Pound shall be ratified at the next regularly scheduled Council meeting. - 4) 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 or her last known address. - 5) 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. - 6) If no Person claims the Livestock within 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 - (5) above, 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 VI - RESTRICTED ANIMALS ## 6.0 RESTRICTED ANIMALS - 1) Prohibition on Restricted Animal 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. - 2) Application for Permission to Keep or Harbour a Restricted Animal 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 section 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 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 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. ## 3) Temporary Impoundment 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 (2) above. ## 4) Order to Dispose of Restricted Animals - a) 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 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 section 4 (c) above 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 section (2) above, and the order of the Animal Control Officer shall be suspended pending the decision of Council. - b) The onus shall be on the Person upon which an order pursuant to subsection (a) above has been served to establish either that: 3. the animal is not a Restricted Animal; or 4. the Person has a permit from Council to keep or harbour the Restricted Animal. - c) 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. - d) Upon apprehension and impoundment of a Restricted Animal, and provided that: - i) a written order was duly served on the Owner as required by subsection (a) above; and - 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 humanely euthanized 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 ByLaw, then the municipality shall refund the excess proceeds to the Owner. ## PART VII - GENERAL PROVISIONS ## 7.0 ENFORCEMENT ## 1) Offences Under This By-Law - a) failing to comply with any license requirements as specified in this bylaw. For greater certainty and without limiting any provisions of this By-Law, the following shall constitute offences under this By-Law: - b) allowing or failing to prevent a Dog, Cat or Domestic Pet from Running at Large; - c) keeping or harbouring Dogs or Cats in excess of the maximum number permitted by this By-Law; - d) 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; - e) failing to voluntarily surrender a Dog or Cat to the Animal Control Officer upon a request therefor; - f) keeping or habouring any wild animal or other Restricted Animal within the municipality without a permit; - g) failing to properly vaccinate a Dog or Cat against rabies; - h) failing to comply with any conditions imposed upon the use of a Cat trap within the municipality boundaries - i) failing to comply with any requirements of Part IV of this By-Law in relation toan Aggressor Animal or a Dangerous Animal; - j) defacing or removing a sign required to be posted; - k) removing the collar or license tag from any Dog/Cat without a lawful excuse; - 1) failing to report a change in ownership or to pay the prescribed transfer fee; - m) interfering or obstructing an Animal Control Officer, the Poundkeeper, or a police officer while performing their duty under this by-law; ## 2) Evidence Supporting Enforcement The Animal control Officer or any other person appointed by the municipality to enforce the provisions of this by-law, or any other law shall have the right to: - a. provide supporting evidence (pictures, signed affidavit of neighboring ratepayers, etc.) as an alternative, due to the inability to impound animals in contravention of this by-law, which would provide sufficient evidence to implement the penalties as outlined in Section 4.4 of this by-law. ## 3) Interference with Enforcement It shall be an offence under this By-Law for a Person to interfere or obstruct any attempt by the Animal Control Officer, 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. ## 4) Apprehension by Resident Any resident of the municipality may apprehend and confine an animal which is Running at Large on his or her property, provided that he or she shall immediately thereafter inform the Animal Control Officer, Pound keeper or 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. ## 5) Right of Entry - a) 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. - b) 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 or her dwelling upon the request of the Animal Control Officer, to assist the Animal Control Officer to apprehend and impound the said animal. ## 6) Complainant Identification - a) Any Person who makes a complaint alleging an offence under this ByLaw against another Person shall provide to the Animal Control Officer his or her 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. ## 7) Liability No liability shall attach to the Animal Control Officer, the Poundkeeper, the Council, the Committee of 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 humanely euthanized, 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. ## 7.1 PENALTIES - 1) Without limiting the penalties for specific offences set out in subsections (2) or (3) below hereof, any Person who contravenes any provision of this By-law is guilty of an offence and is liable: - a. for a first offence: a verbal or written warning by personal service or registered mail; - b. for a second offence: a $50.00 fine and written warning by personal service or registered mail; - c. for a third offence: occurring within 12 months of a first offence, a $500.00 fine. - 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 humanely euthanized regardless of whether or not it is properly licensed under this By- Law. - 3) Any person who interferes with or obstructs the duties of an Animal Control Officer, a Pound keeper or any other person authorized to enforce any provisions of this By-Law, or who unlawfully enters any Pound or unlawfully removes any animal impounded, is guilty of an offence and is liable: - a) To a fine of $500.00. - 4) Where the contravention, disobedience, refusal or neglect continues for more than one day, the person is guilty of a separate offence for each day that the contravention, disobedience, refusal or neglect continues. - 5) Where any penalty, fine or permit fee under this By-Law is not paid, it may be collected by the municipality in the same manner as a tax may be collected or enforced under The Municipal Act and Schedule G. ## 7.2 NON-CONFORMITIES The enactment of the Animal Control By-Law does not apply to situations that were in existence prior to the coming into force of the By-Law, except Restricted Animals (see 6.0 (4) (c)). Any non-conforming situation, other than Restricted Animals, may continue, but if that use changes or is discontinued for a period of sixty consecutive days or more, any future use shall conform to the provisions of this By-Law. ## 7.2 REPEAL OF BY-LAWS This By-law repeals any and all previous Animal Control By-Laws, including, but not limited to the following: - a) RM of Shellmouth By-Law 8404 - b) RM of Silver Creek By-Law 009-04 - c) RM of Shellmouth-Boulton By-Law 0412   AND THAT this By-Law shall come into full force and effect on the day following its' final DONE AND PASSED in Council assembled in inglis, Manitoba this 3 day of Junk, 2020  Reeve latha Baselus Chief Administrative Officer Read a first time this 13in "day of May. 2020 Read a second time this 3 day of Junk, 2020 Read a third time this 3rd day of Junl 2020    ## Schedule "A" Riding Mountain West Box 110 - 118 Main Street Inglis, MB ROJ 0XO P: 204-564-2589 E: [email protected] ## CAT COMPLAINT Date Received: Name of Complainant: Address: \_ Phone: Nature of Complaint: \_ Email: Signature of Animal Control Officer The undersigned hereby agrees to the following terms as stated in the Procedure and Guidelines for Trapping of Stray Cats and agrees to cover costs associated with damaged or lost traps: Signature of Complainant Office Use: Date Cat Trap Set: Date Cat Trap Removed: \_ Returned in Good Repair: Yes / No Wat A Cat Trapped: Yes / No Description of Cat Trapped: Time: Time: ## Schedule "B" ## PROCEDURES AND GUIDELINES FOR TRAPPING OF STRAY CATS 1. A citizen of the RM of Riding Mountain West who is annoyed with damages done to their property as a result of a stray cat, may telephone the Animal Control Office and voice a complaint, requesting that a cat trap be placed on his/her premises. 2. The Animal Control Office will fill out apportion of the complaint form, and as soon as conveniently possible, will attend at the complainant's home for the purpose of completing the complaint form, and if the complaint is found to be valid, the complainant will be requested to sign the form, after which the Animal Control Officer will set a cat trap on the complainant's property. 3. Cat traps can be set Monday to Friday. 4. Cats trapped during normal business hours (8:00 am to 5:00 pm) will be picked up by the Animal Control Officer and impounded 5. Cats trapped after normal business hours will not be picked up until the following business day. 6. Cat traps will be picked up by the Animal Control Officer on Friday of each week and may be re-issued if need be. 7. The complainant is responsible for any damage to, or the loss of, the cat trap while in his possession and shall be billed for repair or replacement, if required. 8. The Animal Control Office shall only set traps when weather conditions are favourable. 9. At such time as the Animal Control Officer comes in possession of a trapped cat, the Animal Control Officer will try to locate an identifying tag or tattoo on the cat, and if found, will make every effort to contact the owner of the cat in order to report that it has been impounded. 10. If an identification tag or tattoo cannot be found on the impounded cat, the Animal Pound will retain the cat for a period of at least 72 hours, and after that time, as space permits. After said 72 hour period, it shall be at the discretion of the Animal Pound as to whether the trapped cat shall be retained, sold to a new owner or be euthanized. However, not withstanding the care taken to ensure the return of an owner's cat, if a trapped cat shall be found by the Animal Control Officer to be wild and dangerous, it may be euthanized immediately upon being impounded by the Animal Control Officer. 11. At such time as the cat owner attends at the Animal Pound for the purpose of picking up his or her cat, a fine in accordance with the Fees and Charges By-Law may be levied against the owner of the cat in the form of an invoice handed or mailed to the owner, which fine is to be paid to the RM of Riding Mountain West within ten days. 12. It shall be the responsibility of the complainant to ensure that once a cat is trapped on his or her property, the said cat shall not be abused by anyone on their property or anyone coming onto their property. 13. Any person seeing a cat in a trap being abused is encouraged to telephone and report the abuse to the Animal Control Officer, at which time the Animal Control Officer will immediately attend at the premises where the abuse has taken place and will remove the cat and the trap forthwith. 14. In accordance with the Animal Control By-Law, any person caught teasing, enticing, poking an object or throwing any item into a cat trap shall be guilty of an offence and liable to a fine as set out in the Animal Control By-Law, and said complainant or any person residing on his or her property will be banned from receiving a cat trap in the future. 15. No cat traps shall be released by the Animal Control Officer to any complainant when weather conditions are colder than zero degrees Celsius. ## Schedule "C" ## DOG/CAT BITING REPORT Telephone: Email: Owner: Address: Description of Offending Animal: Species: Breed: Color:\_ Date Incident Occurred: \_ Address: Email: Events Surrounding incident and severity of bite: Tattoo:\_ Sex: Rabies Vaccination History:\_ Person Bitten:\_ Telephone: The above described animal will be released back into the owner's care prior to the completion of a 10 day impoundment as mandatory under the Animal Control By-Law provided the following 1. The owner has paid all pound fees calculated at the daily rate set out in the Fees and Charges By-Law together with any costs or fines assessed against the Owner. 2. The offending animal must be prevented from having any contact with any person or animal excepting for the owner for a period of 10 days from the date of release. Observation of any behavioral changes must be reported to the Animal Control Officer or supervising veterinarian immediately. The animal must be kept indoors or confined to a locked fenced enclosure not accessible to any persons who may from time to time enter the premises. The owner must not take the animal to any public locations during this time. 3. A clearly visible sign must be posted at the entrance way with wording such as "BEWARE. DOG BITES" 4. Proof of current rabies vaccination must be provided. The offending animal cannot be vaccinated for rabies while under the above restrictions, but it is mandatory that vaccination be done as soon as possible thereafter. 5. Concern for rabies is the basis for the above conditions. If it is deemed advisable and depending upon the severity of injuries that have occurred, impoundment of the animal for the 10 days as set out by Manitoba Health Regulations and the RM of Riding Mountain West may be required 7. Cats must be held by the Pound for the entire 10 day impoundment period. 6. The owner will be responsible for all veterinary, and Pound charges that may arise from this incident. Applicant: Permit Address: Telephone: ## Schedule "D" ## APPLICATION FOR EXCESS ANIMAL PERMIT Box Number Street Number/Street Email: - 1.1, the applicant identified above, hereby apply for a permit referred to above. ## 2. The Excess Animal Permit will cover: | Cat | Dog | Name | Breed | Colour | Spay/Neut. | License# | |-------|-------|--------|---------|----------|--------------|------------| ## 3. I have had a permit for excess animals: Denied Revoked Suspended I hereby certify the above information to be correct and acknowledge that any false statements made upon this application may result in the revocation of the permit applied for and/or prosecution. of Rain aMountain Wealt By-awned by the applicant must be licensed in accordance with the RM I hereby acknowledge that every premise, which is approved pursuant to this application, shall be inspected annually and the applicant who obtained the approval shall pay an annual inspection fee in accordance with the current Fees and Charges By-Law with after such inspection. I hereby acknowledge that Council's decision is final and that there is no appeal process. Date Signature of Applicant Town ## Schedule "E" ## NOTICE OF IMPOUNDMENT Owner: Address: Description of Animal:\_ Date of Apprehension: Time of Apprehension:\_ Location Animal Apprehended: Place of Impoundment: Phone Number of Pound: Daily Pound Fee: Impoundment Fee and/or Fine:\_ License Fee: Other Costs or Fines: Day the animal will be sold or euthanized: \_ Date Animal Control Officer ## Schedule "F" ## RESTRICTED ANIMAL PERMIT APPLICATION The Animal Control By-Law lists that animals prohibited in the RM of Riding Mountain West. Part VI - Restricted Animals Clause 6.0 (1) states the following: "No Person shall keep, harbour, possess or control any Restricted Animals, as defined in Section 6.0(1), within the RM of Riding Mountain West without a permit issued by Council." Owner Name: \_ Address: Phone Number: Email: Animal Name: Age of Animal: Sex of Animal: * Type of Animal: *(include photo of animal) In addition to the above information, please describe any relevant precautions taken to ensure that the animal does not escape or harm people, property, or the environment: 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). Application Submission: Please submit your completed application form and required photos: In-Person: RM of Riding Mountain West, 118 Main Street, Inglis MB RM of Riding Mountain West, Box 110 Inglis MB ROJ OXO Email: [email protected] ## Schedule "G" ## Charges and Fees Please ensure your Cat/Dog(s) are licensed each January 1s!. Licensing your cat/dog(s) assists with the safe and prompt return of your animal in the event of impoundment and reduces the costs assessed to you associated with same and subsequent redemption. Cat/Dog licenses are available through the municipal office during regular business hours. To receive your cat/dog licence you WILL REQUIRE: 1. Proof of up to date rabies vaccination; 2. Proof that the animal has been spayed or neutered (This information is normally stated on the rabies certificate Fee Schedule: | CAT: | | |--------------------------------------------------|----------| | Neutered Male Cat or Spayed Female Cat - | $ 5.00 | | Non-Neutered Male Cat or Non-Spayed Female Cat - | $ 25.00 | | Dangerous Cat - | $ 150.00 | | Change of Cat Ownership - license transfer - | $ 2.00 | | Tag replacement - | $ 5.00 | | DOG: | | | Neutered Male Dog or Spayed Female Dog - | $ 5.00 | | Non-Neutered Male Dog or Non-Spayed Female Dog - | $ 25.00 | | Dangerous Dog - | $ 150.00 | | Change of Dog Ownership - license transfer - | $ 2.00 | | Tag replacement - | $ 5.00 | Live Traps For each cat trap ## Impoundment Fees: For any dog, cat or any other domestic pet that was apprehended running at Large or that was for any other reason will be at cost. no charge