This is the exact embedded text of the captured official document.
Snapshot fcea9ab1c6ba · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
RURAL MUNICIPALITY OF RITCHOT
BY-LAW NO. 15-2024
By-law to provide for the Regulation, Licensing and Control of Dogs
WHEREAS
A.
Section 232(1) of the Municipal Act ("Act") provides that a council may pass by-
laws for municipal purposes respecting:
a.
the safety, health, protection and well-being of people, and the safety and
protection of property;
k.
wild and domestic animals and activities in relation to them, including by-
laws differentiating on the basis of sex, breed, size or weight;
o.
the enforcement of by-laws;
B.
Section 232(2) of the Act provides that a council may
d.
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;
e.
subject to the regulations, provide for a system of licenses, permits or
approvals...;
C.
Section 236(1) of the Act provides that a by-law passed under section 232(2)(1)(o)
may include provisions
a.
providing for procedures, including inspections, for determining whether
bylaws are being complied with; and
b.
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; and
D.
Council is of the opinion that it is in the public interest that dogs be regulated,
licensed and controlled to protect the safety of people and property.
NOW THEREFORE the Council of the Rural Municipality of Ritchot enacts as a by-law the
following:
PURPOSE
1.
The purpose of this By-law is to provide for the regulation, licensing and control
of dogs in the Municipality and the creation of Animal Control Officer and
Poundkeeper positions. This By-Law may be called the Dog By-law.
DEFINITIONS
2.
In this By-law:
"Dangerous Dog" means a dog that has been declared to be dangerous pursuant
to sections 26 - 44 of this By-law.
"Owner" means any person who owns, keeps or harbours a dog or who knowingly
permits or allows any other person to own, keep or harbour a dog upon premises
owned, leased or occupied either solely or jointly with others, by that person.
"Pound" means a place designated by the Municipality for the purpose of dealing
with dogs impounded under this By-law.
"Responsible Person" means an Owner, a person in whose care or control a dog is
in, a registered owner of property and a person who is renting or leasing property
upon which a dog is kept or found.
"Run at large" or "Running at large" means a dog that is not:
a.
under the direct and continuous charge and effective control of a person
competent to control it; or
b.
securely confined within an enclosure; or
c.
securely fastened so that it is unable to roam at will beyond the property in
which it is kept.
PROHIBITIONS
3.
No Responsible Person shall:
a.
permit a dog to run at large;
b.
permit a dog to upset or scatter the contents of waste receptacles or to
otherwise become or create a nuisance;
c.
permit a dog to bark, howl or make a noise that could disturb the peace and
enjoyment of people anywhere;
d.
permit a dog to defecate on any public or private property other than
property of the Owner or property owned, rented or leased by the
Responsible Person;
e.
permit a dog to damage public or private property other than property of
the Owner or property owned, rented or leased by the Responsible Person;
f.
own, keep or harbour any dog, other than a dog under the age of six
months, for which a valid license has not been issued;
g.
permit a dog to pursue any person or animal;
h.
permit a dog to bite, injure or attack a person or animal;
i.
permit a dog to be anywhere other than the premises of the Responsible
Person without a collar and a valid license tag securely fastened around the
dog's neck;
j.
remove a collar or license tag from any licensed dog;
k.
permit a dog to be on a municipal road unless on a leash and in the
Responsible Person's direct and continuous charge and effective control;
l.
permit or keep more than three dogs over the age of six months unless
authorized and licensed by the Municipality to operate a kennel;
m.
fail to produce on demand a rabies vaccination certificate from a licensed
veterinarian.
VACCINATIONS
4.
The Owner of every dog shall have the dog vaccinated for rabies. Such vaccinations
shall be no more than 24 months old and the Owner shall maintain a vaccination
certificate from a licensed veterinarian showing the dog has been vaccinated as
required. This requirement does not apply where a licensed veterinarian states in
writing that the dog cannot, for medical reasons, be vaccinated for rabies.
ALL DOGS TO BE LICENSED
5.
The Owner of a dog over the age of six months shall obtain a license for the dog
from the Municipality upon:
a.
providing the breed, age, and any information with respect to the dog
reasonably requested;
b.
providing the name, mailing address, email address, telephone number of
the Owner;
c.
production of a certificate from a licensed veterinarian if the dog has been
spayed or neutered;
d.
production of a valid rabies vaccination certificate from a licensed
veterinarian; and
e.
payment of the fee set out in the Fees and Charges By-law.
6.
The Owner shall attach the license tag issued by the Municipality to a collar worn
around the neck of the dog in respect of which the license tag was issued.
7.
The license is for the life of the dog in the Municipality. The license cannot be
transferred to another dog.
8.
If the Animal Control Officer determines that an Owner has failed to obtain a
license for a dog when required to do so, the Animal Control Officer shall notify
the Owner that a license for the dog is required and that the Owner shall pay the
fee set out in the Fees and Charges By-law and obtain the licence within three days
of the notification.
9.
No license fee shall be charged for any dog specially trained as a dog guide.
10.
Where a license tag is lost or damaged, the Owner shall forthwith obtain a
replacement license tag upon payment of the fee set out in the Fees and Charges
By-law.
DOG KENNELS
11.
No more than 3 dogs over the age of 4 months may be harbored in any household,
unless and until a dog kennel licence for such household has been approved and
issued by the Council of the Municipality.
12.
No dog kennel licence shall be issued except with the approval of Council of the
Municipality by resolution.
13.
No dog kennel licence shall be issued if the use is in contravention of the zoning
bylaw.
14.
Any person who intends to establish a commercial dog kennel shall apply in
writing to the Chief Administrative Officer providing the location of the kennel,
the number of dogs to be kept and the intended purpose of the commercial dog
kennel.
15.
On receipt of an application, the Chief Administrative Officer shall:
a.
fix a day for the consideration by Council of the application which shall be
not later than 30 days after the date of receipt of the application,
b.
notify the applicant of the time and place at which the Council will consider
the application, and
c.
not later than 10 days before the day fixed for consideration of the
application, give notice of the application by regular mail to each assessed
owner, according to the latest revised assessment roll, of property within a
radius of 101 meters from the proposed affected; to each owner of land
adjoining the proposed site affected or across the street or lane if any; and
give such notice in any other manner that the Council deems advisable.
16.
On the day and at the time and place stated in the notice, the Council shall receive
the representations of the applicant and any other person, who desires to make
representations either on his own behalf or on behalf of another.
17.
On completion of the receipt of representation, the Council may by resolution:
a.
reject the application, or
b.
approve the application with or without conditions which in the opinion of
the council may be necessary or desirable to ensure the location of the
commercial dog kennel is compatible with the neighbourhood.
18.
The Chief Administrative Officer shall send a copy of the decision of Council to the
applicant and to any person who made representations at the meeting of Council.
19.
The decision of Council is final and binding on all persons and the commercial dog
kennel licence may be revoked by Council for any violation of any conditions
imposed by it.
POUND
20.
Council of the Municipality may establish and maintain a Pound or Pounds for the
impoundment and care of dogs apprehended in administering and enforcing this
By-Law, and Council may enter into agreement(s) for this purpose.
ANIMAL CONTROL OFFICER
21.
The position of Animal Control Officer is established. The Animal Control Officer
shall be the person(s) appointed by the Municipality by resolution.
22.
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:
a.
administer and enforce this By-law and the Act, and
b.
act as a designated officer for the purposes of this By-law.
23.
The Animal Control Officer may enter property and buildings in carrying out the
administration and enforcement of this By-law.
24.
The Animal Control Officer may in enforcing this By-law seize a dog and impound
it at the Pound, and may in so doing use tranquilizer guns, drugs or such other
means as may be reasonably necessary to seize and impound the dog.
25.
If the Animal Control Officer has seized and impounded a dog, the Animal Control
Officer shall, if the Owner is known to the Animal Control Officer, notify the Owner
that the dog:
a.
has been seized and impounded,
b.
may be redeemed from impoundment on the meeting of certain terms and
paying the applicable fees, and
c.
may be sold, destroyed or otherwise disposed of if it is not redeemed
within seven days of being impounded or such other period of time
established as set out in subsection 20.e.
Such notice is met if the Animal Control Officer leaves the notice with a
Responsible Person.
26.
If the Owner of an impounded dog is not known to the Animal Control Officer or
cannot be located, the Animal Control Officer shall make a reasonable attempt to
notify the Owner by posting a notice in the office of the Municipality describing
the dog, the date of its apprehension and the date after which the dog will be sold,
destroyed or otherwise disposed of.
27.
An Owner may apply to redeem a dog from impoundment by applying to the
Animal Control Officer within seven days of the date of the impoundment. Upon
payment of the fees set out in the Fees and Charges By-law and showing proof of
current rabies vaccination, the Animal Control Officer shall instruct the
Poundkeeper to release the dog.
POUNDKEEPER
28.
The position of Poundkeeper is established. The Poundkeeper shall be the
person(s) appointed by the Municipality by resolution. The Poundkeeper is
authorized to act as a designated officer for the purposes of this By-law.
29.
The Poundkeeper shall
a.
establish and maintain the Pound in accordance with all statutory
requirements including but not limited to The Animal Care Act;
b.
provide sufficient food and clean water, adequate shelter and a safe and
sanitary environment for every dog impounded;
c.
if an impounded dog is wearing a current license tag from the Municipality,
send the Owner a notice at the listed address that the dog has been
impounded and that it may be sold or destroyed if it is not redeemed
within six days of the date of notice. If the tag was issued by another
municipality, the Poundkeeper shall notify the Chief Administrative Officer
of the other municipality that the dog has been impounded and will be
disposed of if not redeemed within six days of the date of the notification;
d.
only release the dog if the Poundkeeper is satisfied that all pound fees,
license fees, and any other fees have been paid in full to the Municipality
and that the dog has current rabies vaccination;
e.
keep any impounded dog for a minimum of seven days;
f.
the Poundkeeper may extend the period of impoundment if an impounded
dog has not been redeemed within the minimum period of impoundment.
If the dog has not been redeemed by the expiry of the minimum period of
impoundment or any extended period, the Poundkeeper shall:
i.
sell or otherwise dispose of the dog to any person for an amount
not less than the applicable Pound fees set out in the Fees and
Charges By-law; or
ii.
cause the dog to be humanely destroyed;
g.
keep a record of every dog impounded, which record shall include the
following:
i.
a description of the dog including its approximate weight,
height and colour of and its order and breed;
ii.
the day and hour of the dog's impoundment;
iii.
the day and hour of the dog's redemption, sale, disposition
or destruction, together with the details of the redemption,
sale, disposition or destruction;
iv.
the name and address of the Owner, the person to whom
the dog was sold or released, and the license number on the
dog'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
than the Owner); and
vi.
such other particulars as the Chief Administrative Officer
shall direct from time to time in writing.
30.
Despite any right to redeem an impounded dog, the Poundkeeper may cause the
dog to be destroyed if a licensed veterinarian determines that an impounded dog
is so injured or sick that it would be cruel to allow it to live.
31.
All moneys collected by the Poundkeeper shall be remitted to the Municipality,
together with such further reports and statements as the Municipality may direct.
DOG THAT BITES A PERSON TO BE KEPT UNDER OBSERVATION
32.
The Animal Control Officer may seize and impound any dog that bites a person, or
require that the dog be forthwith delivered to the Pound or to such other place as
the Animal Control Officer directs. A dog so seized and impounded, or delivered
or taken to the Pound or other place shall be kept there at the expense of the
Owner for a period of ten days from the date of the bite.
33.
Acting upon the advice of a licensed veterinarian who has examined the dog, and
with the consent of the public health authorities, and dependant upon the severity
of the bite, the dog may be released back to a Responsible Person if:
a.
proof of rabies vaccination within 24 months of the date of the bite has
been provided to the Animal Control Officer;
b.
the Responsible Person takes measures to ensure the dog is quarantined
on the Responsible Person's premises so as to avoid all direct contact with
other animals and persons except the Responsible Person and confined in
such a manner as to prevent escapes;
c.
the Responsible Person posts signs at the entrance to the premises and at
the area of confinement signs which read "Beware - Dog Bites";
d.
the Responsible Person reports to the Animal Control Officer and/or
submits the dog for veterinary examination once the ten day quarantine
period has elapsed;
e.
the Responsible Person pays all fees and costs associated with seizure,
impoundment, confinement, signage, veterinary fees, etc.
34.
Any dog thought to be rabid shall be impounded for fourteen days or until it dies.
The head of any such dog that dies shall be submitted to the Canadian Food
Inspection Agency for rabies examination.
DANGEROUS DOGS
35.
If the Animal Control Officer has reason to believe that a dog presents a continuing
threat to public safety or other animals, whether or not the dog has been
apprehended, the Animal Control Officer shall hold a hearing to determine
whether or not the dog should be declared dangerous.
36.
The Animal Control Officer shall, if the Owner is known to the Animal Control
Officer, notify the Owner, at the Owner's last known address and at least ten days
in advance of the hearing, of the determination hearing. The notice shall include:
a.
a statement of the time, place and purpose of the determination hearing;
b.
a copy of the Dangerous Dogs sections of this By-Law; and
c.
a statement that if the Owner does not attend the hearing, the matter will
be dealt with in the Owner's absence and that the Owner will not be
entitled to any further notice in the proceeding.
Such notice is met if the Animal Control Officer leaves the notice with a
Responsible Person.
37.
If the Owner is unknown or cannot be located, the Animal Control Officer shall
make a reasonable attempt to notify the Owner by posting a notice in the office
of the Municipality describing the dog and the date of the determination hearing.
38.
An Owner who has been notified that a determination hearing will be held with
respect to the Owner's dog shall ensure the dog remains confined upon the
Owner's premises pending the final outcome of the hearing. This section does not
apply if the dog is impounded or a licensed veterinarian provides written
confirmation to the Animal Control Officer that the dog has been placed in custody
pending the final outcome of the hearing.
39.
The Owner may appear and make representations at the hearing.
40.
If the Owner does not attend at the hearing, having been given notice as provided
in sections 27 or 28, the matter may be dealt with in the Owner's absence and the
Owner shall not be entitled to any further notice in the proceeding.
41.
The Animal Control Officer may declare the dog to be dangerous if in the opinion
of the Animal Control Officer:
a.
the dog has caused injury to a person, whether on public or private
property;
b.
the dog has seriously injured or killed another animal; or
c.
the dog is kept, harboured or used primarily for the purpose of guarding
property and is not a police service dog owned by a government law
enforcement agency; or
d.
there is a material risk that the dog may cause injury to people or animals.
42.
In determining whether to declare a dog to be dangerous and, if so, the disposition
of the matter, the Animal Control Officer may take the following factors into
account, as well as any other matters the Officer considers relevant:
a.
whether the dog has worried, bitten, wounded or injured any person or
animal, or is otherwise an aggressive animal;
b.
the circumstances surrounding any previous biting or wounding incidents;
and
c.
whether the dog has shown a tendency to pursue, chase or approach in a
menacing fashion, a person on public or private property.
43.
The Animal Control Officer must make the determination within five working days
of the determination hearing.
44.
If the Animal Control Officer declares a dog to be dangerous, the Officer shall
concurrently decide whether the dog should be destroyed or released to the
Owner upon the conditions set out in section 40.
45.
The Animal Control Officer shall, if the Owner of the dog is known, notify the
Owner of the Officer's determination by serving the notice upon the Owner or by
mailing the notice by registered mail to the Owner's last known address. If the
Owner of the dog is not known, the Animal Control Officer shall post notice of the
determination in the office of the Municipality.
46.
The decision of the Animal Control Officer shall be final.
47.
If the Animal Control Officer has determined that the dog should be destroyed, it
may be destroyed within seven days of the date of the determination, and the
Animal Control Officer may apprehend and impound the dog for this purpose.
48.
Where the Animal Control Officer declares a dog dangerous, any license previously
issued in relation to that dog shall be deemed to have been cancelled effective as
of the seventh day following the determination of the Animal Control Officer.
49.
The Animal Control Officer may require every Owner of a dog that has been
declared dangerous to:
a.
obtain a license for a dangerous dog and pay the fee set out in the Fees
and Charges By-law;
b.
cause the dog to be tattooed upon the ear with clearly identifiable
information as required by the Animal Control Officer and provide a copy
of such tattooing to the Animal Control Officer;
c.
ensure that the dog is kept, while on private property, 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
preventing the dog from escaping;
ii.
has minimum dimensions suitable for the size of the dog as
prescribed by the Animal Control Officer;
iii.
has secure sides; and
iv.
provides protection from the elements for the dog;
d.
permit the dog upon public property only if muzzled, restrained on a leash
and under the direct and continuous charge and effective control of a
Responsible Person;
e.
display in a conspicuous location at each entrance to the property or
building in or upon which the dog is kept a sign stating: "Beware of
Dangerous Dog". The sign shall be posted in such a manner that it cannot
be removed easily by passers-by and is visible and capable of being read
from the sidewalk or street or land outside the premises;
f.
within three days of selling or giving away the dangerous dog, provide the
name, address and telephone number of the new owner to the Animal
Control Officer;
g.
advise the Animal Control Officer forthwith if the dog is missing, running
at large or has bitten, worried or attacked any person or animal;
h.
maintain in force to the satisfaction of the Animal Control Officer a
comprehensive liability insurance policy including coverage for damage or
injury caused by the dog with a minimum limit of liability of $500,000.00
per occurrence.
50.
No person shall deface or remove a sign posted pursuant to subsection 40.e.
51.
Where the Animal Control Officer is of the opinion that:
a.
an Owner has breached a condition upon which a dog was released upon
having been declared dangerous; or
b.
a dog that has been declared dangerous has caused further serious injury
or damage, or there are reasonable grounds to believe the dog presents
an ongoing danger to the public or any other animal;
the Animal Control Officer may seize and impound the dog for the purpose of
destroying it.
52.
If the Animal Control Officer impounds the dog for the purpose of destroying it,
the Officer shall notify the Owner at the Owner's last known address that the dog
will be destroyed within ten days of the date of the notice. If the Owner of the dog
is not known, the Animal Control Officer shall post notice of the impoundment
and purpose in the office of the Municipality.
53.
The Owner may during the ten-day time period request that the Animal Control
Officer reconsider the Officer's decision to destroy the dog. The Animal Control
Officer shall reconsider the decision within ten days of receipt of the request from
the Owner and may confirm, vary or cancel the decision. If the Officer confirms
the decision, the dog may be destroyed within three days of the date of notice to
the Owner of the Officer's confirming decision, such notice to be provided as set
out in section 43.
ASSISTANCE AND NON-INTERFERENCE WITH ENFORCEMENT
54.
A Responsible Person shall
a.
supply such information as the Animal Control Officer may request in
connection with the administration and enforcement of this By-law;
b.
relinquish or deliver a dog to the Animal Control Officer for seizure and
impoundment, and otherwise assist the Officer as the Officer may require
or direct to seize and impound a dog;
c.
not interfere with, obstruct or attempt to interfere with or obstruct the
Animal Control Officer carrying out the administration and enforcement of
this By-law;
d.
not interfere with, obstruct or attempt to interfere with or obstruct the
Poundkeeper performing any duties or actions under this By-law;
e.
comply with any directions of the Animal Control Officer or Poundkeeper.
OFFENCE
55.
A person who contravenes this By-law is guilty of an offence and liable on
summary conviction to a fine of not more than $1000.00. Any costs associated with or
resulting from enforcing this By-law are in addition to any such fine, and are an amount
owing to the Municipality and may be collected in any manner in which a tax may be
collected or enforced under the Act.
TRANSITIONAL
56. This By-law repeals By-law No. 6-2019, except in respect of an offence committed
before this By-law comes into force.
DONE AND PASSED as a by-law of the Municipality of Ritchot at St. Adolphe, in the
Province of Manitoba, this 7th day of January, 2025.
_______________________________
Chris Ewen, Mayor
_______________________________
M. Duval, Chief Administrative Officer
Read a first time this 18th day of December, 2024.
Read a second time this 7th day of January, 2025.Rea
d a third time this 7th day of January, 2025