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BY-LAW #31/02
OF THE
RURAL MUNICIPALITY OF ROCKWOOD
Being a By-Law of the Rural Municipality of Rockwood for the
regulation and control of animals within the limits of the Rural
Municipality of Rockwood.
PART I:
AUTHORITY
WHEREAS subsections 232(1)(a), (k) and (o) of The Municipal Act, S.M. 1996, C.
M225, (the "Act") provides, in relevant part, as follows:
Spheres of jurisdiction:
"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;
b)
wild and domestic animals and activities in relation to them, including by-laws
differentiating on the basis of sex, breed, size or weight;
c)
the enforcement of by-laws";
AND WHEREAS subsections 232(2)(a) and (f) 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;
b)
except where a right of appeal is already provided in this or any other Act, provide for an
appeal and the body that is to decide the appeal and related matters";
AND WHEREAS subsections 236(1)(a) and (b) of the Act provides, in relevant part, as
follows:
Content of by-laws under clause 232(1)(o):
"236(1) Without limiting the generality of clause 232(1)(o) (enforcement of by-laws), a by-law
passed under that clause may include provisions
a)
providing for procedures, including inspections, for determining whether by-laws are
being complied with; and
b)
remedying contravention of by-laws, including
i)
creating offenses;
ii)
subject to the regulations, providing for fines and penalties, including the
imposition of a penalty for an offense 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 offense, or related to enforcing the by-law;
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BY-LAW #31/02
iii)
providing that an amount owing under subclause (ii) may be collected in any
manner in which a tax may be collected or enforced under this Act;
iv)
seizing, removing, impounding, confiscating and selling or otherwise disposing of
plants, animals, vehicles, or other things related to a contravention;
v)
charging and collecting costs incurred in respect of acting under subclause (iv);
vi)
imposing a sentence of imprisonment for not more than six (6) months for the
commission of offenses 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 ..., 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 by-law
referred to in subsection (1).
Municipality ... not liable by reason only of making By-Law:
5(3)
A municipality ... 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 Disease 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, the By-Law Enforcement / 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) A By-Law Enforcement / 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 as the earliest possible opportunity."
AND WHEREAS it is deemed expedient and in the best interest of the Municipality to
pass a By-Law to regulate and control animals within the Rural Municipality of Rockwood;
AND WHEREAS it is deemed expedient and in the best interest of the Municipality to
transfer the enforcement powers of this By-Law to the Rockwood-Woodlands By-Law
Enforcement / Animal Control District Board;
NOW THEREFORE the Council of the Rural Municipality of Rockwood, in Council
assembled, enacts as follows:
PART II:
TRANSFER OF ENFORCEMENT POWERS:
1(1)
That the enforcement powers of this By-Law be transferred to the Rockwood-Woodlands
By-Law Enforcement / Animal Control District Board, hereinafter referred to as the
"Board".
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BY-LAW #31/02
PART III:
DEFINITIONS & INTERPRETATION
2(1)
DEFINITIONS:
In this By-Law, unless the context otherwise requires,
a)
"Aggressor Animal" shall have the meaning ascribed thereto in Section 12 of this
By-Law.
b)
"By-Law Enforcement / Animal Control Officer" shall mean the person
employed by the Rockwood-Woodlands By-Law Enforcement / Animal Control
District Board to enforce the provisions of this By-Law as well as all other By-
Laws of the Rural Municipality of Rockwood and the Rural Municipality of
Woodlands, and includes any person acting as an assistant to or under the
direction of the By-Law Enforcement / Animal Control Officer authorized by the
Board.
c)
"Cat" shall mean any member of the genus Felis domesticus (domestic cat).
d)
"Clerk" shall mean the Chief Administrative Officer or his/her designates for the
Rural Municipality of Rockwood.
e)
"Council" shall mean the Council of the Rural Municipality of Rockwood.
f)
"Current Rabies Vaccination" shall mean 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 sixty (60) days and not greater than one (1) year after the primary
vaccination, and is then subsequently vaccinated at regular intervals not
exceeding three (3) years.
g)
"Dangerous Animal" shall mean 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 is for any reason determined to be a risk to any person, livestock
or any other animal, or has been declared a dangerous animal under Section 12 of
this By-Law.
h) "Dog" means any member of the genus Canis familiaris (domestic dog).
i) "Domestic Pet" shall mean any animal other than a dog or cat that has been
domesticated and is kept or harboured within the Municipality.
j) "Livestock" means:
a)
animals kept for the purpose of:
i)
production of meat;
ii)
production of other products from the animals; or
iii)
herding, protection of livestock or draft work,
and breeding stock of such animals;
b)
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 subclause
2(1)(k)(a) of this definition; and
c)
any other animal determined by the By-Law Enforcement / Animal
Control Officer to be livestock for the purposes of this By-Law, whether
or not intended for profit and including, without limitation:
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BY-LAW #31/02
i)
dairy cattle and beef cattle, goats, sheep, bison and horses;
ii)
swine (including wild boar);
iii)
all cervids on game production farms;
iv)
all the family Camilidae (including Llamas and Alpacas);
v)
all domestic poultry (including chickens, turkeys, ducks and
geese);
vi)
specialty fowl (including guinea fowls); and
vii)
any other animals that are of a species or kind described as
livestock in the regulations pursuant to The Animal Liability Act.
k) "Notice of Breach of By-Law" shall mean a notice issued pursuant to section 4(g)
of this By-Law in the form attached hereto as Schedule B.
l) "Owner" shall include 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
By-Law Enforcement / Animal Control Officer or any other person.
m) "Person" shall include a firm or corporation.
n) "Pound" shall mean any enclosure, premises or place, whether within or outside
the Municipality, designated by The Board for the impoundment and care of any
animal for the purposes of enforcing any provision of this By-Law.
o) "Poundkeeper" shall mean the person appointed by The Board, whether on a
temporary basis or permanent basis, to operate and maintain a pound, and to carry
out the duties of a Poundkeeper as set out in Section 5 of this By-Law.
p)
"Restricted Animal: shall mean:
i)
any member of the order Primate except a human being;
ii)
any member of the order Carnivora except dogs, cats, and domestic ferrets
(mustela putorius furo), but including all hybrids of dogs and cats;
iii)
any member of the order Crocodylia;
iv)
any constrictor snake, venomous snake or venomous reptile;
v)
any venomous amphibian;
vi)
any wild animal or wildlife as defined in The Wildlife Act; and
vii)
any other animal determined by the By-Law Enforcement / Animal
Control Officer to be a restricted animal, other than a dog, cat or livestock.
q)
"Rockwood-Woodlands By-Law Enforcement /Animal Control District
Board" shall be a Board, created by Agreement, between the Rural
Municipalities of Rockwood and Woodlands to deal jointly with all matters
related to By-Law Enforcement and Animal Control within the areas included in
the two municipalities, hereinafter referred to as the "Board". The joint action of
Rockwood and Woodlands in the enforcing of By-Laws and controlling of
animals shall be under the control, supervision, and management of this Board
which shall have four (4) members, being two (2) Councillors from each
Municipality appointed by the respective Municipality.
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BY-LAW #31/02
r)
"Running at large" or "Run at large" shall mean, in relation to an animal, that
the animal is not:
i)
under the direct, continuous and effective control of a person competent to
control it; or
ii)
securely confined within an enclosure or securely fastened so that it is
unable to roam at will.
s)
"Townsite" shall, for the purpose of this By-Law, apply to the following townsites
unless otherwise provided herein:
i)
The Townsite of Stony Mountain shall be defined as the settled portion of
Section One, Eleven, Twelve and Fifteen all in Township Thirteen, Range
Two East of the Principal Meridian, in Manitoba.
(Note: The Townsite of Stony Mountain includes Hillcrest Trailer Park).
(1-13-2E, 11-13-2E, 12-13-2E, 15-13-2E);
ii)
The Townsite of Komarno shall be defined as the settled portion of the
North-East Quarter of Section Thirty-Three and the North-West Quarter of
Section Thirty-Four, both in Township Seventeen, Range Two East of the
Principal Meridian, in Manitoba.
(NE 33-17-2E, NW 34-17-2E);
iii)
The Townsite of Gunton shall be defined as the settled portion of the South-
West Quarter of Section Thirty-Three, in Township Fifteen, Range Two East
of the Principal Meridian, in Manitoba.
(SW 33-15-2E);
iv)
The Townsite of Balmoral shall be defined as the settled portion of the
North-East Quarter of Section One, the South-East Quarter of Section
Twelve, both in Township Fifteen, Range One East of the Principal
Meridian, in Manitoba, the North-West Quarter of Section Six and the
South-West Quarter of Section Seven, both in Township Fifteen, Range Two
East of the Principal Meridian, in Manitoba.
(NE 1-15-1E, SE 12-15-1E, NW 6-15-2E, SW 7-15-2E);
v)
The Townsite of Argyle shall be defined as the settled portion of the North-
West Quarter of Section Seven and the South-West Quarter of Section
Eighteen, both in Township Fourteen, Range One East of the Principal
Meridian, in Manitoba.
(NW 7-14-1E, SW 18-14-1E);
vi)
The Townsite of Grosse Isle shall be defined as the settled portion of the
South-East and South-West Quarters of Section Six, in Township Thirteen,
Range One East of the Principal Meridian, in Manitoba.
(SE 6-13-1E, SW 6-13-1E); and
vii)
The Townsite of Stonewall Trailer Park shall be defined as the settled
portion of the North-West Quarter of Section Twenty-Nine, in Township
Thirteen, Range Two East of the Principal Meridian, in Manitoba.
(NW 29-13-2E).
The Council of the Rural Municipality of Rockwood may, by resolution, delete or
designate areas of the Rural Municipality of Rockwood as Townsites for the
purposes of paragraph numbered 2(1)(t) hereof.
2(2)
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.
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BY-LAW #31/02
PART IV:
ESTABLISHMENT OF POUND & APPOINTMENT OF BY-LAW
ENFORCMENT / ANIMAL CONTROL OFFICER & POUNDKEEPER
3(1)
ESTABLISHMENT OF POUND:
The Board 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 Board
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 Board shall be paid out of the general
funds of the Board.
3(2)
APPOINTMENT OF BY-LAW ENFORCEMENT / ANIMAL CONTROL
OFFICER:
The Board may employ one or more By-Law Enforcement / Animal Control Officer(s) to
carry out the enforcement of this By-Law. The By-Law Enforcement / Animal Control
Officer(s) so appointed may be appointed on a temporary basis or permanent basis, and
shall be paid out of the general funds of the Board.
3(3)
APPOINTMENT OF POUNDKEEPER:
The Board may appoint one or more persons as Poundkeeper(s) to carry out the duties of
the Poundkeeper as set out in this By-Law. The Poundkeeper(s) so appointed may be
appointed on a temporary or permanent basis, and shall be paid out of the general funds
of the Board.
3(4)
COMMON BY-LAW ENFORCEMENT / ANIMAL CONTROL OFFICER &
POUNDKEEPER:
At the discretion of The Board, the By-Law Enforcement / Animal Control Officer may
also serve as Poundkeeper, and vice versa.
4.
DUTIES OF THE BY-LAW ENFORCEMENT / ANIMAL CONTROL OFFICER:
It shall be the duties of the By-Law Enforcement / 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 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 possession or control of, any person that is in breach
of this By-Law or 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)
i)
In the case of any dog being apprehended pursuant to Section 4(d), the By-
Law Enforcement / Animal Control Officer shall immediately transport
such dog to the Winnipeg Humane Society, 5 Kent Road, Winnipeg,
Manitoba for detainment as set out in any current Agreement(s) between
the Municipality, and/or the Board, and the Winnipeg Humane Society.
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BY-LAW #31/02
ii)
In the case of any cat or any other domestic pet being apprehended
pursuant to Section 4(d) and pursuant to the Winnipeg Humane Society
being unwilling or unable to accept such cat or other domestic pet, the By-
Law Enforcement / Animal Control Officer shall impound such cat or
other domestic animal in cages, in a location to be determined, for
detainment. Said detainment for any cat or any other domestic animal to
be the same as for dogs as set out in any current Agreement(s) between the
Municipality, and/or the Board, and the Winnipeg Humane Society
pursuant to Section 4(e)(i).
The By-Law Enforcement / Animal Control Officer shall provide
sufficient food and clean water, adequate shelter and a safe and sanitary
environment for every cat or domestic animal impounded.
f)
To make reasonable attempt to notify the owner of every animal impounded,
other than a dog, cat or any other domestic pet, 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 C
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 By-
Law Enforcement / 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.
g)
To issue a Notice of Breach of this By-Law in the form set out in Schedule B
hereto attached against any person that has committed an offense under this By-
Law. A Notice of Breach of this By-Law may be served upon the person who has
breached the By-Law personally or upon a person apparently over the age of
sixteen (16) years at the residence of the person who has breached the By-Law, or
may be served by certified or registered mail addressed to the last known address
of such person. The By-Law Enforcement / Animal Control Officer may lawfully
enter upon the premises of any such person to serve a Notice of Breach of this By-
Law.
h)
The By-Law Enforcement / Animal Control Officer or Poundkeeper may use a
tranquilizer gun for the purpose of capturing any animal found to be running at
large within the Municipality, provided however that if the By-Law Enforcement /
Animal Control Officer or the Poundkeeper, as applicable, is not a licensed
veterinarian, no such tranquilizer gun shall be used without the authority of a
licensed veterinarian present at the time of use.
i)
To enforce the provisions of this By-Law.
5.
DUTIES OF THE POUNDKEEPER:
It shall be the duties of the Poundkeeper:
a)
To provide sufficient food and clean water, adequate shelter and a safe and
sanitary environment for every animal impounded, other than any dog, cat or
domestic animal as any apprehended dog, cat or domestic animal shall be
immediately transported to the Winnipeg Humane Society by the By-Law
Enforcement / Animal Control Officer pursuant to paragraph numbered 4(e) of
this By-Law.
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.
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BY-LAW #31/02
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;
ii)
the day and hour of its impoundment;
iii)
the day and hour of its redemption, sale, disposition or destruction,
together with the details of redemption, sale, disposition or destruction;
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
vi)
such other particulars as the Board shall direct from time to time.
d)
To collect all fees charged by the pound, and to remit all monies received by the
pound to the Board, together with such reports and statements as the Board may
prescribe from time to time, except where the Board 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 Board 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 Board,
and the submission of all reports and statements required to be submitted to the
Board under the said contract.
e)
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.
f)
The Board 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 as set out in paragraphs (a), (b) and (c)
above, and further provided that the provisions in paragraphs (d), and (e), 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
Board, the Poundkeeper shall observe all of the terms and conditions of the
contract with the Board. Where it is permitted under the contract with the Board,
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 Board all
amounts due to the Board under its contract with the Poundkeeper.
PART V:
DOGS, CATS AND OTHER DOMESTIC PETS:
LICENSING OF DOGS:
6(1)
The owner of every dog over the age of four (4) months, located within a Townsite of the
Municipality, shall obtain and renew annually a license to keep the dog, which license
shall require the payment of the annual fee as set out in Schedule A hereto attached. The
owner shall ensure that the license tag issued for the dog is securely fastened to a collar
worn around the neck of the dog in respect of which the tag was issued. Any failure to
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BY-LAW #31/02
obtain or keep current the required license or to ensure that the license tag issued for the
dog is securely fastened to the dog's collar shall constitute an offense under this By-Law.
6(2)
The required dog license may be sold by the By-Law Enforcement / Animal Control
Officer, the Clerk of the Municipality, by any veterinary clinic or animal hospital or any
other place within the Municipality which is designated by the Municipality as eligible as
a vendor of such licenses.
6(3)
No person shall be permitted to remove the collar or license tag from any dog without a
lawful excuse, and any such removal shall constitute an offense under this By-Law.
6(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 each year in which the license fee
was levied and paid.
6(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 A hereto attached.
6(6)
Where a change in ownership of a dog 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 A hereto attached. Any failure to report a
change in ownership or to pay the prescribed transfer fee shall constitute an offense under
this By-Law.
6(7)
Subsections 6(1), (2), (3), (4), (5) and (6) shall not apply to non-residents of the
Municipality who bring a dog on a temporary visit into the Municipality, provided
however, that nothing in this subsection 6(7) shall authorize any person to bring a dog
into the Municipality that is a dangerous animal or is vicious, in heat, rabid or otherwise a
risk to the public or to other animals within the Municipality, nor does it authorize any
person to allow the dog to run at large or otherwise create a nuisance within the
Municipality.
6(8)
Subject to subsection 6(9) hereof, every dog owner must produce, before a license is
issued or renewed for the dog, evidence of a current rabies vaccination status for that dog
from a licensed veterinarian. A current rabies vaccination certificate shall have a date of
no more than two (2)years prior to December 31 of the current licence year.
6(9)
A dog 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 dog if he can produce a statement in
writing, signed by a licensed veterinarian, certifying that the dog cannot be vaccinated for
rabies for medical reasons.
RABIES VACCINATION:
6(10) Except where subsection 6(9) applies, the By-Law Enforcement / 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 By-
Law Enforcement / Animal Control Officer may, in the case of a dog, terminate the
owner's dog license, and in the case of a dog or cat, the By-Law Enforcement / Animal
Control Officer may apprehend and impound the dog or cat, and may issue a Notice of
Breach of this By-Law to the owner.
KENNEL PERMITS:
7(1)
Kennels are Conditional Uses under the Rural Municipality of Rockwood Zoning By-
Law.
i)
A Hobby Kennel is a kennel on premises containing more than three (3) animals
that are maintained, boarded, or cared for in return for remuneration or are kept
solely for the owner's pleasure.
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BY-LAW #31/02
ii)
A Commercial Kennel is a kennel on premises containing more than five (5)
animals that are maintained, boarded, or cared for for remuneration and/or for the
purpose of sale.
Any person who keeps, harbours, possesses or controls a number of animals in excess of
the maximum number prescribed in Section 11 hereof without a valid Conditional Use
Permit for a kennel shall have committed an offense under this By-Law.
7(2)
Any person who wishes to keep, harbour, possess or control that number of dogs or cats
in excess of the maximum number prescribed in Section 11 hereof shall apply for a
Conditional Use to operate a kennel. Application for said Conditional Use shall be made
at the South Interlake Planning District Office. Upon receipt of an application for a
Conditional Use for a kennel is received by the South Interlake Planning District Office,
a public hearing will be scheduled with the Council of the Rural Municipality of
Rockwood.
7(3)
In determining whether or not to grant a Conditional Use Permit for a kennel to an
applicant, Council shall consider all relevant factors, including but not limited to the
following factors:
a)
pursuant to the applicable Zoning By-Law of the Municipality, as amended from
time to time, at no time and under any condition(s) shall a kennel for dogs and/or
cats be permitted in any Townsite which is part of and located within the
Municipality;
b)
the proposed maximum number of dogs and/or cats to be kept on the premises;
c)
the intended purpose for keeping the dogs and/or cats on the premises;
d)
the steps which will be taken to ensure that the dogs and/or cats will be
adequately and safely housed;
e)
the steps which will be taken to ensure that disturbances to neighbours from
excessive noise, odour, waste disposal, traffic and any other potential nuisances
are avoided;
f)
any inspection report from the By-Law Enforcement / Animal Control Officer or
the Poundkeeper as may be requested by Council;
g)
any inspection report from the public health authorities or any other authorities as
may be requested by Council;
h)
any representations made by the owner or on behalf of the owner either in writing
or at the meeting of Council where the application for a Conditional Use Permit
for a kennel will be heard; and
i)
any representations made by neighbours of the owner or any other interested
parties, whether in writing or by oral submission at the Public Hearing of the
Municipality at which the application for a Conditional Use Permit for a kennel is
heard.
7(4)
Should a Conditional Use for a kennel be approved by Council, it shall be subject to the
registered property owner of the premises and the applicant entering into a Conditional
Use Agreement with the Municipality upon terms and conditions satisfactory to the
Municipality.
The terms and conditions in the Conditional Use Agreement shall cover, but not be
limited to, the issues addressed in Section 7(3). It is acknowledged that an approved
Conditional Use runs with the land, regardless of change of ownership of the land.
Therefore, one of the conditions of the Conditional Use Agreement shall be as follows:
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a)
If the approved Conditional Use ceases for a period of twelve (12) continuous
months, the Conditional Use shall expire.
In addition, the Conditional Use Agreement shall state that the registered property owner
and applicant shall be responsible for all costs involved in the preparation and
enforcement of the Conditional Use Agreement as well as the cost of registering a caveat
against the subject property evidencing the duly executed Conditional Use Agreement
Once the Conditional Use Agreement has been executed between the above-mentioned
parties, then the Municipality will authorize the South Interlake Planning District to issue
a Development Permit to the registered property owner and applicant to allow the
establishment of a kennel and related accessory structures on the registered property
owner's land.
7(5)
Should the registered property owner and/or applicant contravene any condition(s) of the
executed Conditional Use Agreement, it shall be deemed that the person has committed
an offense under the Conditional Use Agreement. Should the contravention of the
Conditional Use Agreement not be rectified in the time stated in the Conditional Use
Agreement and to the satisfaction of the Municipality and the South Interlake Planning
District, the registered property owner and applicant shall be in default of the Conditional
Use Permit and the Conditional Use shall cease and the Permit shall be revoked.
7(6)
Should the Conditional Use Permit be revoked, the owner shall be notified in writing by
certified or registered mail and the owner shall be ordered to dispose of the dogs and/or
cats within thirty (30) days of the date of the notice/order.
Failure to dispose of the dogs and/or cats shall result in the South Interlake Planning
District Office commencing legal action. Pursuant to Section 7(4), the owner shall be
responsible for all costs, including the enforcement of the Conditional Use Agreement.
7(7)
The Board, or the By-Law Enforcement / Animal Control Officer on their behalf, may
request in writing that the premises, where the kennel is located, be inspected by the By-
Law Enforcement / Animal Control Officer or such other person as may be designated by
The Board or the By-Law Enforcement / Animal Control Officer, at any time upon
reasonable notice, and the owner shall comply with any such request. The failure by an
owner to comply with such a request shall constitute an offense under this By-Law and/or
the Conditional Use Agreement and is grounds for revoking an existing Conditional Use
Permit.
7(8)
Nothing in this By-Law or an executed Conditional Use Agreement shall be construed as
obviating or overriding any requirement under the laws of the Province of Manitoba to
obtain a license or licenses from the Government of Manitoba, and to comply with
provincial licensing requirements, in order to carry on business as a boarding kennel or a
commercial breeder of dogs, cats or any other animals under a Conditional Use Permit.
RESPONSIBILITY OF OWNERS REGARDING DOGS/CATS:
8(1)
No owner shall:
a)
permit his dog/cat to run at large. When a dog/cat is found running at large, its
owner shall be deemed to have failed or refused to comply with this subsection.
b)
i)
permit his dog to bark or howl or in any other way unduly disturb the quiet
of any person or persons anywhere in the Municipality;
ii)
permit his cat to meow or howl or in any other way unduly disturb the
quiet of any person or persons anywhere in the Municipality;
c)
permit his dog/cat to defecate on any public or private property other than the
property of its owner. Where a dog/cat defecates on property other than the
property of its owner, the owner shall cause such excrement to be removed
forthwith;
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d)
permit his dog/cat to defecate on his property in a manner which constitutes an
environmental or health hazard or a nuisance for neighbours;
e)
permit his dog/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/cat, its
owner shall be deemed to have failed or refused to comply with this subsection;
f)
within a Townsite of the Municipality, own, keep, harbour or have possession or
control of any dog (other than a dog that is under the age of four (4) months or
that is a registered guide dog for the visually impaired) for which a valid license
has not been issued;
g)
own, keep, harbour or have possession or control of any dog/cat determined to be
a dangerous animal, unless such dog/cat is kept at all times in accordance with the
provisions of Part VI;
h) permit his dog/cat to pursue, bite, wound or worry any person or animal, whether
or not on the property of the owner;
i) permit his dog/cat on any school ground or playground;
j) permit his dog/cat on public property (including parkland area) unless the dog/cat
is on a leash (which leash shall be no longer that six (6) feet in length, fully
extended) and the dog/cat is in the actual custody and effective control of the
owner or a person competent to control it, unless the said public property has been
specifically designated by The Board as land upon which dogs/cats are not
required to be on a leash; and
k) permit his dog/cat to upset waste receptacles or otherwise litter.
8(2)
An owner of a registered guide dog that is visually impaired or any other person who
requires the assistance of a registered guide dog shall not be subject to the restrictions
imposed under subsections 8(1)(c), (f), (i), and (j).
REDEMPTION:
9.
a)
Where a dog, which is properly licensed and tagged, is found running at large, the
By-Law Enforcement / Animal Control Officer:
i)
may issue a warning to its owner, advising of the breach of this By-Law; or
ii)
may apprehend and deliver the dog to the Winnipeg Humane Society for
confinement, and advise the owner as soon as reasonably possible, of the fact
of apprehension and confinement; or
iii)
may apprehend and, when necessary, confine the dog in a location to be
determined, for detainment for a limited period of time until transportation to
the Winnipeg Humane Society is available.
b)
Where an unlicensed dog/cat is found running at large, the By-Law Enforcement /
Animal Control Officer:
i)
shall apprehend and deliver the dog to the Winnipeg Humane Society for
confinement; or
ii)
shall apprehend and, when necessary, confine the dog in a location to be
determined for detainment for a limited period of time until transportation to
the Winnipeg Humane Society is available.
iii)
shall apprehend and confine any cat or other domestic animal in cages, in a
location to be determined, for detainment.
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c)
Where the owner of a dog/cat apprehended and confined pursuant to this By-Law
desires to reclaim the dog/cat, he shall pay to the Municipality on behalf of the
Board and/or the Winnipeg Humane Society applicable charges as set out in
Schedule "A" attached hereto.
d)
For the purpose of determining the impoundment and boarding fees payable under
this section by the owner or harbourer of a dog/cat, the offence shall be cumulative
per dog/cat but shall only be cumulated during one calendar year.
e)
Upon payment by the owner or harbourer of the impoundment and fine fees to the
Municipality on behalf of the Board for a dog/cat that has been impounded, the
owner/harbourer must also produce to the Municipality or the By-Law Enforcement
/ Animal Control Officer a certificate from a licensed veterinary surgeon stating that
the dog/cat has been vaccinated against rabies on a date no more than two years
prior to December 31 of the current licence year. The owner or harbourer must then
attend the Winnipeg Humane Society to pay the boarding fees and any other related
costs prior to the dog or cat, in the case when the cat was detained at the Winnipeg
Humane Society, being released by the Winnipeg Humane Society to the owner or
harbourer.
f)
Before any person shall redeem any dog, which dog lives in a Townsite, from the
Winnipeg Humane Society or the By-Law Enforcement / Animal Control Officer,
he shall produce for the Municipality or By-Law Enforcement / Animal Control
Officer a receipt showing that a licence for such dog has been purchased for the
current year.
Should the dog, which lives in a Townsite, be unlicensed, the owner or harbourer
must obtain a current dog licence from the By-Law Enforcement Officer by paying
the required fee prior to attending the Winnipeg Humane Society.
g)
If no one claims ownership of the dog/cat after five (5) days, disposition of the
dog/cat will belong to:
i)
the Winnipeg Humane Society if the dog/cat is impounded at the
Winnipeg Humane Society; or
ii)
the By-Law Enforcement /Animal Control Officer if the dog/cat is
impounded at any other location.
h)
The Winnipeg Humane Society and/or the By-Law Enforcement / Animal Control
Officer, at its/his sole option, may dispose of the dog/cat by:
i)
in the case of the Winnipeg Humane Society, placing the dog/cat in the
Society's adoption program; or
ii)
giving the dog/cat to a new owner; or
iii)
having the dog/cat destroyed.
RESTRICTIONS ON DOMESTIC PETS:
10(1) 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 Municipality unless such
person has been issued a permit by the Municipality under Section 17 of this By-Law,
and also holds all other government licenses as may be required, to keep or harbour the
animal within the Municipality.
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DOGS:
10(2) Subject to subsection 10(3) and the provisions of section 8, the owner of a dog shall not
permit the dog to be outside of the owner's premises unless:
a)
in the case where the owner of a dog resides in a Townsite of the Municipality,
the dog has a collar which has been securely fastened to it a proper license tag that
identifies a valid license in respect of that dog;
b)
the dog is on a leash that is no longer than six (6) feet in length fully extended;
and
c)
the dog is under the immediate charge and effective control of a person competent
to control it.
10(3) A female dog in heat shall be confined to the premises of the owner or a person having
control of the dog, or shall be housed in a licensed kennel, for the period of time that the
dog is in heat. The said dog's confinement shall be in such a manner as to prevent any
contact between the dog in heat and any other dog except other dogs owned by the same
owner or by another owner who voluntarily permits such contact.
CATS:
10(4) Subject to subsection 10(5), the owner of a cat shall not permit the cat to be outside of the
owner's premises unless the said cat is under the immediate charge and effective control
of a person competent to control it.
10(5) A female cat in heat shall be confined to the premises of the owner or a person having
control of the cat, or shall be housed in a licensed kennel, for a period of time that the cat
is in heat. The said cat's confinement shall be in such a manner as to prevent any contact
between the cat in heat and any other cat except other cats owned by the same owner.
CAT TRAP:
10(6) Any person who wishes to obtain a trap from the Poundkeeper or the By-Law
Enforcement / Animal Control Officer to apprehend a cat running at large shall:
a)
provide to the Poundkeeper or By-Law Enforcement / Animal Control Officer, as
applicable, his or her name, address and telephone number(s);
b)
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 By-Law Enforcement / Animal
Control Officer, as applicable; and
c)
pay any deposit and/or fee as may be authorized by The Board from time to time
for use of the trap as set out in Schedule A hereto attached.
10(7) Any person who fails to comply with the terms and conditions set out in this Section 10
shall be guilty of an offense under this By-Law.
MAXIMUM NUMBER OF DOGS OR CATS:
11(1) DOGS
a)
TOWNSITES:
No person shall own, harbour, keep or have in his possession or control or on his
premises more than two (2) dogs over the age of four (4) months, regardless of the
number of people who may be inhabiting the premises.
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b)
RURAL:
No person shall own, harbour, keep or have in his possession or control or on his
premises more than three (3) dogs over the age of four (4) months, regardless of
the number of people who may be inhabiting the premises, unless such person
holds a valid Conditional Use Permit, pursuant to the applicable Zoning By-Law
of the Municipality, for a kennel authorizing him to own that number of dogs.
11(2) CATS
a)
TOWNSITES:
No person shall own, harbour, keep or have in his possession or control or on his
premises more than two (2) cats over the age of four (4) months, regardless of the
number of people who may be inhabiting the premises.
b)
RURAL:
Premises which are zoned agricultural are not limited to a specific number of cats
permitted provided however, that where, in the discretion of the By-Law
Enforcement / Animal Control Officer, the number of cats on any such premises
constitutes a danger to the public or to the cats, the By-Law Enforcement /
Animal Control Officer may exercise his discretion to apprehend and impound all
or some of the cats.
11(3) KENNELS:
Pursuant to the applicable Zoning By-Law of the Municipality, kennels for dogs and/or
cats are not permitted in any Townsites which are part of and located within the
Municipality under any conditions.
PART VI:
DANGEROUS ANIMALS:
ANIMAL BITES:
12(1) The By-Law Enforcement / Animal Control Officer:
a)
shall apprehend, impound and place in quarantine any dog or cat that he has
reason to believe has bitten a person; and
b)
may apprehend, impound and place in quarantine any other domestic pet that he
has reason to believe has bitten a person if, in his discretion, such action in respect
of the domestic pet is necessary for the protection of the public;
Whether on private premises or elsewhere, and whether or not the skin was directly
punctured or lacerated by the bite, such animal shall be deemed as the aggressor animal.
This provision shall not apply to a police service dog owned by a public law enforcement
agency while on duty and under the control of a qualified dog handler.
12(2) If the aggressor animal is not voluntarily surrendered to the By-Law Enforcement /
Animal Control Officer by the owner, the By-Law Enforcement / Animal Control Officer
shall be empowered to apprehend and impound the aggressor animal and, if necessary, to
apply to a provincial court judge, magistrate or justice of the peace, as required, in order
to obtain an order to enter the personal residence of the owner for the purpose of
apprehending and impounding the aggressor animal.
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12(3) Any aggressor animal so apprehended and impounded at the pound shall, subject to
subsection 12(9) herein, be quarantined for a minimum of ten (10) days at the owner's
expense, commencing from the date of impoundment (the "quarantine period").
12(4) The By-Law Enforcement / Animal Control Officer may, in his discretion, authorize the
owner of the aggressor animal to quarantine the aggressor animal in a place other than the
pound, provided that such place is under the direct supervision of a licensed veterinarian
and that the aggressor animal must remain at such place at the owner's expense for the
quarantine period.
12(5) Subject to a determination by the By-Law Enforcement / Animal Control Officer,
pursuant to subsection 12(8) hereof, that the aggressor animal is not a dangerous animal,
the aggressor animal may be released to the owner after expiry of the prescribed
quarantine period upon payment by the owner to the Poundkeeper of a pound fee
calculated at the daily rate set out in Schedule A hereto attached together with any costs
or fines assessed against the owner hereunder. In the event that the owner fails to redeem
the aggressor animal from the pound within three (3) days after expiry of the quarantine
period, the aggressor animal shall be sold, or otherwise disposed of, or destroyed at the
discretion of the Poundkeeper.
12(6) The By-Law Enforcement / Animal Control Officer shall document all bite incidents,
identifying the aggressor animal and the details of the incident, and such records shall be
submitted to the Board on a monthly basis, or sooner at the request of the Board or at the
discretion of the By-Law Enforcement / Animal Control Officer. Such record(s) may be
used in any hearing or appeal with respect to the dangerous animal provisions contained
herein.
12(7) The head of any aggressor animal, quarantined for biting that dies while quarantined and
prior to the veterinary examination required pursuant to subsection 12(8) hereof, shall be
submitted to the Canadian Food Inspection Agency for rabies examination.
12(8) Every aggressor animal shall be examined by a licensed veterinarian approved by the By-
Law Enforcement / Animal Control Officer prior to release from quarantine. The
determination as to whether or not the aggressor animal can be released from quarantine
or must be destroyed or otherwise disposed of shall be at the discretion of the By-Law
Enforcement / Animal Control Officer based upon the following factors:
a)
the medical report of the licensed veterinarian who has examined the aggressor
animal;
b)
whether or not the public health authorities are prepared to consent to the release
of the aggressor animal;
c)
the severity of the bite incident, the circumstances surrounding the incident and
the consequences of the incident;
d)
whether or not the aggressor animal is, in the opinion of the By-Law Enforcement
/ Animal Control Officer, a dangerous animal and, if yes, whether or not the
provisions of section 14 hereof have been complied with;
e)
whether or not the aggressor animal is a restricted animal, and if yes, whether or
not the provisions of Part VIII hereof have been complied with by the owner; and
f)
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.
12(9) Notwithstanding the provisions of subsection 12(3) herein, it shall be within the
discretion of the By-Law Enforcement / Animal Control Officer to release an aggressor
animal prior to the expiry of the quarantine period and to impose conditions upon the
release of an aggressor animal from quarantine, which conditions may include, without
limiting the generality of the foregoing:
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a)
the owner shall take necessary measures to ensure that the aggressor animal is
confined to the owner's premises in such a manner as to prevent escapes and to
ensure that all direct contact from other animals and persons other than the owner
is avoided;
b)
the owner shall post in a conspicuous location at the entrance of the premises
where the aggressor animal is confined a sign which reads "Beware of
Dangerous <type of aggressor animal>";
c)
the owner shall submit the aggressor animal for the veterinary examination from
time to time as may be prescribed by the By-Law Enforcement / Animal Control
Officer and shall report the results of any such veterinary examination to the By-
Law Enforcement / Animal Control Officer;
d)
the owner shall take out and pay for such liability insurance on the aggressor
animal as may be prescribed by the By-Law Enforcement / Animal Control
Officer;
e)
the owner shall be responsible for all costs, fines and damages associated with the
aggressor animal, including the costs of impoundment, quarantine, signage and
veterinary fees, pound fees and license fees, and any costs associated with liability
to the victim or victims of the bite incident;
f)
such other conditions as the By-Law Enforcement / Animal Control Officer may
deem necessary or advisable in the interests of public safety.
DETERMINATION THAT AN ANIMAL IS A DANGEROUS ANIMAL:
13(1) Where the By-Law Enforcement / Animal Control Officer has reason to believe that an
animal, including but not limited to an aggressor animal under Section 12, is a dangerous
animal, he shall arrange a hearing before the Board to determine whether or not the said
animal should be declared a Dangerous Animal and if the said animal is determined to be
a Dangerous Animal, on what conditions should it be released back to the owner or if in
fact it should be destroyed. In the event that an owner voluntarily accepts the Dangerous
Animal declaration and the recommended disposition of the matter made by the By-Law
Enforcement / Animal Control Officer, a hearing before the Board may be dispensed
with, and the recommended disposition of the matter shall constitute a final order in
respect of which there is no appeal.
13(2) Where it is deemed necessary by the By-Law Enforcement / Animal Control Officer to
protect the public or other animals pending the decision of the Board, the By-Law
Enforcement / Animal Control Officer may:
a)
require that the animal be quarantined in the pound until the earlier of the date
that the By-Law Enforcement / Animal Control Officer determines that it is safe
to release the animal to the custody of the owner or until the Board hears the
matter and issues its determination; or
b)
may impose all or any of the conditions set out in subsection 14(1) of this By-Law
upon the owner's custody of the animal, which conditions shall apply until the
earlier of the date that the By-Law Enforcement / Animal Control Officer
determines that it is safe to remove the conditions or until the Board hears the
matter and issues its determination.
13(3) The Board shall provide written notice of the hearing to the owner of the animal in the
form set out in Schedule "D" of this By-Law at least ten (10) days in advance of the
hearing by serving notice upon the owner or by mailing the notice by registered or
certified mail to the last known address provided by the owner to the Municipality in
relation to the licensing of the said dog. The notice shall include the following minimum
information:
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a)
the time, place and purpose of the hearing;
b)
a summary of the reasons in support of the allegation that the animal is dangerous;
c)
a copy of this section 13 of the By-Law;
d)
a statement that if the owner does not attend the hearing, the matter will be dealt
with in his absence and that he will not be entitled to any further notice or appeal
in regard to the proceedings concerning the animal;
e)
a statement that if the animal is determined to be a Dangerous Animal, the Board
shall be making a decision whether the animal is to be destroyed or released to the
owner on certain conditions; and
f)
the recommended disposition of the animal if it were to be considered a
Dangerous Animal by the By-Law Enforcement / Animal Control Officer
including any conditions required for its release to the owner or its possible
destruction.
13(4) a)
The owner has the right to appear at the hearing, with or without counsel, and to
make submissions to the Board and call evidence (whether viva voce or
documentary) on his behalf. The owner also has the right to hear all of the
evidence and submissions presented at the hearing by or on behalf of the By-Law
Enforcement / Animal Control Officer and to inspect any documents filed by or
on behalf of the By-Law Enforcement / Animal Control Officer, and to respond to
same.
b)
Where the owner does not attend at the hearing, having been given notice as
provided in accordance with this section 13, the Board shall be entitled to deal
with the matter in his absence, and the owner shall not be entitled to any further
notice or appeal in regard to the proceedings concerning the animal. The owner
shall be notified of the decision of the Board by notice in writing delivered by
personal service or registered or certified mail in the manner set out in subsection
13(3) hereof.
c)
In the event that an owner voluntarily accepts the Dangerous Animal declaration
and the recommended disposition of the matter made by the By-Law Enforcement
/ Animal Control Officer, a hearing before the Board may be dispensed with and
the recommended disposition of the matter shall constitute a final order in respect
of which there is no appeal.
d)
In the event that an owner voluntarily accepts the Dangerous Animal declaration
but does not accept the recommended disposition of the matter made by the By-
Law Enforcement / Animal Control Officer, a hearing will be held before the
Board to deal with the recommended disposition of the animal only.
13(5) Within five (5) working days of the hearing of the Board, the Board shall issue a written
decision in accordance with the following provisions:
a)
The Board shall make an order declaring the animal to be a dangerous animal if in
their opinion:
i)
the animal has caused injury to or killed a person, whether or not on public
or private property; or
ii)
the animal has seriously injured or killed any other domestic animal or any
livestock without provocation; or
iii)
the animal is used primarily for the purpose of guarding property and is
not a police service dog owned by a public law enforcement agency.
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BY-LAW #31/02
b)
The Board may make an order declaring the animal to be a dangerous animal if, in
their opinion, there is a material risk that the animal may cause damage or injury
to person or property or any other animal, taking the following non-exhaustive
factors into account:
i)
whether the animal has worried, bitten, wounded or injured any person or
animal, or is otherwise an aggressor animal;
ii)
the circumstances surrounding any previous worrying, biting or wounding
incidents; and
iii)
whether the animal, when unprovoked, has shown a tendency to pursue,
chase or approach in a menacing fashion, any person or any other animal
upon any public or private property.
c)
In the event that an animal is declared by the Board to be a Dangerous Animal,
the Board shall make an order declaring either that the animal is to be released on
certain conditions as set out in subsection 13(2) or that the animal should be
destroyed.
13(6) The Board shall deliver a copy of their decision to the owner in the manner provided in
subsection 13(3). There shall be no obligation upon the Board to issue written reasons
for their decision.
13(7) a)
The decision of the Board with respect to the Dangerous Animal declaration and
any conditions with respect to the animal's release shall be final and there shall be
no appeal from said decision.
b)
The decision of the Board to destroy an animal declared a Dangerous Animal may
be appealed to the Court of Queen's Bench within fourteen (14) days of the date
that the owner was provided notice in the manner of subsection 13(3). The animal
shall remain quarantined in the pound pending the outcome of the hearing.
13(8) Where a license is deemed to have been cancelled, the owner shall be entitled to a credit
or refund on any paid-up license fee, calculated on a quarterly pro rata basis. The Board
may set-off against any such refund, any fines, fees or costs owing by the owner under
this By-Law.
13(9) Every owner who has received notification from the Board pursuant to subsection 13(3)
that a determination hearing will be held with respect to his animal shall ensure that the
animal remains confined upon the premises of the owner pending the final outcome of the
hearing.
13(10) Subsection 13(9) shall not apply if the animal is impounded or the By-Law Enforcement /
Animal Control Officer receives written confirmation from a licensed veterinarian that
the animal has been placed in quarantine pending outcome of the hearing.
13(11) In the event that an animal is declared by the Board to be a Dangerous Animal and that it
is to be destroyed, the By-Law Enforcement / Animal Control Officer shall impound the
animal for the purpose of destruction and 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
fourteen (14) days from the date of the notice, subject to any appeal as set out in section
13(7)(b).
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CONSEQUENCES OF DANGEROUS ANIMAL DECLARATION:
14(1) Every owner of an animal which has been declared to be a dangerous animal and in
respect of which has been released to its owner shall:
a)
in the event that the dangerous animal is a dog, obtain a dangerous dog license for
the dangerous dog and pay the required fee as set out in Schedule A hereto
attached.
b)
Cause the dangerous animal to be tattooed upon the ear with clearly identifiable
information as set out by the Board and provide a copy of such information to the
Poundkeeper.
c)
Ensure that the dangerous animal, while on private property, is kept 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/or the escape of
the dangerous animal;
ii)
has minimum dimensions suitable for the size of the dangerous animal, as
prescribed by the By-Law Enforcement / Animal Control Officer;
iii)
has secure sides; and
iv)
provides protection from the elements for the dangerous animal.
d)
in the event that the dangerous animal is a dog, permit the dog upon public
property only if:
i)
it is muzzled;
ii)
it is restrained by a chain or leash not exceeding six (6) feet in length, fully
extended and
iii)
the dog is at all times under the effective control of a person competent to
control it.
e)
in the event that the dangerous animal is other than a dog, permit the dangerous
animal upon public property only if it is under the effective control of a person
competent to control it.
f)
Display in a conspicuous location at each entrance to the premises upon which the
dangerous animal is kept, a sign stating:
"WARNING: BEWARE OF DANGEROUS <insert type of animal>.
The sign shall be posted in such a manner that it cannot be removed easily by a
passerby and will be visible and capable of being read from outside of the
premises.
g)
within three (3) working days of selling, giving away or otherwise disposing of
the dangerous animal, provide the By-Law Enforcement / Animal Control Officer
with the name, address and telephone number of the new owner.
h)
advise the By-Law Enforcement / Animal Control Officer within three (3)
working days of the death of the dangerous animal.
i)
advise the By-Law Enforcement / Animal Control Officer forthwith if the
dangerous animal has gone missing or is running at large or has bitten, worried or
attacked any person or animal.
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j)
maintain in force to the satisfaction of the Board a comprehensive liability
insurance policy, including coverage for damage or injury caused by the
dangerous animal, with a minimum limit of liability of $500,000.00 per
occurrence.
k)
such other conditions as may be prescribed by order of the Board, including,
without limitation, any of the conditions set out in subsection 12(9) hereof.
14(2) No person shall deface or remove a sign posted pursuant to subsection 14(1)(f) or
subsection 12(9)(b) hereof without having first obtained the written permission of the By-
Law Enforcement / Animal Control Officer.
DESTRUCTION OF DANGEROUS ANIMAL OR AGGRESSOR ANIMAL:
15(1) The By-Law Enforcement / Animal Control Officer may apprehend and impound an
animal for the purpose of destroying it where the By-Law Enforcement / Animal Control
Officer has reasonable grounds to believe that:
a)
an owner has breached a condition of this By-Law in respect of an animal that has
been declared a dangerous animal; or
b)
an animal that has previously been declared a Dangerous Animal, presents a risk
to any person, property or any other animal.
15(2) In the event that an animal is causing an immediate risk to any person, property or any
other animal, the By-Law Enforcement / Animal Control Officer is authorized to
apprehend and impound or, in the absolute discretion of the By-Law Enforcement /
Animal Control Officer, destroy the said animal notwithstanding that it has not been
declared to be a dangerous animal by the Board at the time of its apprehension and
impoundment.
15(3) When the By-Law Enforcement / Animal Control Officer impounds an animal under this
section 15 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 fourteen (14) days from the date of the notice. The owner may, during
that time period, appeal the decision of the By-Law Enforcement / Animal Control
Officer to the Board by providing notice in writing to the Board, in which case the Board
shall hold a hearing at a regularly scheduled meeting of the Board as to whether or not
the animal should be destroyed, which hearing shall be carried out in accordance with the
provisions of section 14 hereof. The animal shall remain quarantined in the pound
pending the outcome of the hearing.
PART VII:
LIVESTOCK:
16(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
in effect from time to time through a Conditional Use Permit. If so permitted, it shall be
an offense under this By-Law and the Zoning By-Law to keep any livestock in excess of
the prescribed number and kind.
16(2) An owner shall not permit his 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.
16(3) The Board, or the By-Law Enforcement / Animal Control Officer on the authority of the
Board, 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 the Board, shall provide care
for the impounded animal(s) at a rate of remuneration to be fixed from time to time by
the Board. The By-Law Enforcement / Animal Control Officer may authorize the
establishment of a temporary pound based upon the verbal consent by telephone of the
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BY-LAW #31/02
majority of Board, which temporary pound shall be ratified at the next regularly
scheduled Board meeting.
16(4) When livestock is impounded and the owner(s) is unknown, the By-Law Enforcement /
Animal Control Officer shall post a notice of the impoundment in the Municipal
Administration Office. This notice shall described the livestock so impounded, including
any identifying tags, marks or brands, the day of impoundment, along with the location
within the Municipality where the livestock was found running at large.
16(5) If the identity of the owner is known, the By-Law Enforcement / Animal Control Officer
shall serve directly upon the owner or mail a notice of impoundment to the owner at his
last known address.
16(6) The owner of the livestock shall not be entitled to the return of the livestock until the
actual costs incurred by the Board 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.
16(7) a)
Where livestock is found running at large, the By-Law Enforcement / Animal
Control Officer:
i)
may issue a warning to its owner, advising of the breach of this By-Law; or
ii)
apprehend and confine the livestock, and advise the owner as soon as
reasonably possible, of the fact of apprehension and confinement.
b)
Where the owner of the livestock apprehended and confined pursuant to this By-
Law desires to reclaim the livestock, he shall pay to the Municipality on behalf of
the Board the applicable charges as set out in Schedule A hereto attached
c)
For the purpose of determining the impoundment and boarding fees payable under
this section by the owner or harbourer of livestock, the offence shall be cumulative
per animal but shall only be cumulated during one calendar year.
d)
The owner or harbourer of the impounded livestock must pay the impoundment fees,
boarding fees, fines, costs for the notice of impoundment and any other related costs
incurred for each livestock animal that has been impounded prior to obtaining
possession of their livestock.
16(8) If no person claims the livestock within fourteen (14) days of the date of the notice of
impoundment, or if the owner has not paid the costs and fines referred to in subsection
16(6), the By-Law Enforcement / 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 Board.
PART VIII: RESTRICTED ANIMALS:
PROHIBITION ON RESTRICTED ANIMALS:
17(1) 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 the South Interlake Planning District Office.
APPLICATION FOR PERMISSION TO KEEP OR HARBOUR A RESTRICTED
ANIMAL:
17(2) Upon receipt of an application from any person to keep a restricted animal, the South
Interlake Planning District Office 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). Provided however, that the South Interlake Planning
District Office need not give notice of an application from the owner or operator of a
travelling show to keep a restricted animal in the Municipality on a temporary basis, but
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BY-LAW #31/02
shall consider the application at a regularly scheduled meeting of the Council of the Rural
Municipality of Rockwood following receipt of the application.
The Council of the Rural Municipality of Rockwood shall decide, based on the
application and any written or oral submissions of the application, by resolution of the
Council of the Rural Municipality of Rockwood, 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 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 the South Interlake Planning District Office
and shall constitute an offence under this By-Law.
17(3) In determining whether or not to grant a Permit for a restricted animal in the
Municipality, Council shall consider all relevant factors, including but not limited to the
following factors:
a)
the proposed maximum number of the restricted animals on the premises;
b)
the intended purpose for keeping the restricted animal on the premises;
c)
the steps which will be taken to ensure that the restricted animal(s) will be
adequately and safely housed/contained;
d)
the steps which will be taken to ensure that disturbances to neighbours from
excessive noise, odour, waste disposal, traffic and any other potential nuisances
are avoided;
e)
any inspection report from the By-Law Enforcement / Animal Control Officer or
the Poundkeeper as may be requested by Council;
f)
any inspection report from the public health authorities or any other authorities as
may be requested by Council;
g)
the amount of Letter of Credit required to be provided by the applicant to the
Municipality in the event that a Permit is approved for a restricted animal;
h)
the amount of liability insurance required to be provided by the applicant to the
Municipality in the event that a Permit is approved for a restricted animal;
i)
any representations made by the owner or on behalf of the owner either in writing
or at the meeting of Council where the application for a Permit for a restricted
animal will be heard; and
j)
any representations made by neighbours of the owner or any other interested
parties, whether in writing or by oral submission at the meeting of Council where
the application for a Permit for a restricted animal will be heard.
TEMPORARY IMPOUNDMENT:
17(4) If deemed necessary in the interests of public safety, the By-Law Enforcement / Animal
Control Officer may apprehend and impound any restricted animal pending the outcome
of any hearing to decide an application made pursuant to subsection 17(2) hereof.
INVENTORY OF RESTRICTED ANIMALS:
17(5) Any owner who has been granted permission by Council to keep one or more restricted
animals within the Municipality shall, on an annual basis and on the form prescribed by
the Municipality from time to time for this purpose, provide the Municipality with an
inventory of the restricted animals kept by the owner within the Municipality.
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BY-LAW #31/02
17(6) The Municipality may at any time and from time to time change the conditions that an
owner must satisfy in order to keep a restricted animal, and any failure to comply with
any such condition upon notice thereof shall invalidate the owner's permit to keep the
restricted animal within the Municipality.
17(7) a)
Any person who keeps, harbours or has possession or control of a restricted
animal(s) in the Municipality on or before the time that this By-Law comes into
force or effect, shall have thirty (30) days from coming into effect of this By-Law
to obtain a permit from the Municipality to continue to keep the restricted
animal(s) failing which the owner shall sell or give the restricted animal(s) to a
person outside of the Municipality or shall otherwise dispose of the restricted
animal in a manner which ensures that the restricted animal is no longer within
the Municipality. Any such sale, gift or disposition shall be in accordance with all
laws, rules and regulations which may pertain to the sale or disposition of
restricted animals, and the Municipality accepts no responsibility for the manner
of sale or disposition.
17(7) b)
The Municipality may grant such longer period of time to an owner of a restricted
animal who falls within subsection 17(7)(a) hereof as may be necessary to allow
the Municipality adequate time to consider and decide the owner's application to
retain the restricted animal(s) within the Municipality.
ORDER TO DISPOSE OF RESTRICTED ANIMAL(S):
17(8) Where the By-Law Enforcement / 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 a resolution and permit from the Municipality
granting permission, the By-Law Enforcement / Animal Control Officer shall serve the
person with an Order, in writing, to dispose of the restricted animal within fourteen (14)
days of receipt of the Order or such shorter period of time as 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 subsection 17(7)(a) and any
conditions imposed in the Order of the By-Law Enforcement / 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 subsection 17(2), and the Order of the By-Law Enforcement / Animal
Control Officer shall be suspended pending the decision of the Municipality.
17(9) The onus shall be on the person upon which an Order pursuant to subsection 17(8) has
been served to establish either that:
a)
the animal is not a restricted animal; or
b)
the person has a permit from the Municipality to keep or harbour the restricted
animal.
17(10) Where the person has failed to establish either that the animal is not a restricted animal or
that he has a permit from the Municipality 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 By-Law Enforcement / Animal Control Officer, the By-
Law Enforcement / 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 as set out in Schedule "A" attached hereto. The By-Law Enforcement /
Animal Control Officer may engage the assistance of other persons if required to safely
apprehend the restricted animal.
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BY-LAW #31/02
17(11) Upon apprehension and impoundment of a restricted animal, and provided that:
a)
a written Order was duly served on the owner as required by subsection 17(8);
and
b)
if an application for written permission of the Municipality to retain the restricted
animal has been heard and denied by the Municipality, the Board may proceed to
order the animal destroyed or sold, and the By-Law Enforcement / Animal
Control Officer shall carry out the order of the Board. The owner shall be liable
for all costs associated with apprehension, impoundment and destruction or sale
of the restricted animal. If the proceeds of the sale exceed any such costs and any
fines imposed upon the owner for breach of this By-Law, then the Board shall
refund the excess proceeds to the owner.
17(12) a)
An owner who has received a permit to keep a restricted animal shall not permit
the restricted animal to run at large within the Municipality. When a restricted
animal is found running at large, its owner shall be deemed to have refused or
failed to comply with this By-Law.
b)
A restricted animal found running at large and has been apprehended by the By-
Law Enforcement / Animal Control Officer shall forthwith be permanently
removed from the Municipality. The restricted animal shall be destroyed, given
away or sold outside the Municipality.
c)
The owner shall be liable for all costs associated with apprehension,
impoundment and destruction or sale of the restricted animal as set out in
Schedule "A" attached hereto. If the owner of the apprehended restricted animal
is known and if the proceeds of the sale exceed any such costs and any fines
imposed upon the owner for breach of this By-Law, then the Board shall refund
the excess proceeds to the owner.
d)
If the owner of the apprehended restricted animal is unknown and if the proceeds
of the sale exceed any such costs and any fines imposed upon the owner for
breach of this By-Law, the proceeds of which shall be paid to the general funds of
the Board.
17(13) The Board, or the By-Law Enforcement / Animal Control Officer on the authority of the
Board, may establish from time to time a temporary or permanent premises for the
confinement of a restricted animal 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 the Board, shall
provide care for the impounded animal(s) at a rate of remuneration to be fixed from time
to time by the Board. The By-Law Enforcement / Animal Control Officer may authorize
the establishment of a temporary pound based upon the verbal consent by telephone of
the majority of the Board, which temporary pound shall be ratified at the next regularly
scheduled Board meeting.
PART IX:
GENERAL PROVISIONS:
OFFENSES UNDER THIS BY-LAW:
18(1) For greater certainty and without limiting any provisions of this By-Law, the following
shall constitute offenses under this By-Law for which a Notice of Breach of this By-Law
may be issued:
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BY-LAW #31/02
a)
Allowing or failing to prevent a dog, cat or domestic pet to run at large;
b)
Keeping or harbouring dogs or cats in excess of the maximum number permitted
by this By-Law in a Townsite;
c)
Keeping or harbouring dogs or cats in excess of the maximum number permitted
by this By-Law in a rural area without a properly issued Conditional Use Order
and duly executed Conditional Use Agreement for a Kennel contrary to section 11
of this By-Law.
d)
Failure by the property owner and/or applicant to comply with the conditions
imposed upon a validly issued Conditional Use Order and/or duly executed
Conditional Use Agreement;
e)
Failing to comply with an Order of the By-Law Enforcement / Animal Control
Officer to dispose of any dogs or cats in excess of the prescribed limit made under
subsection 7 of this By-Law;
f)
Failure by the owner of a dog to comply with any one or more of the provisions of
section 8, subsection 10(2) or subsection 10(3) of this By-Law;
g)
Failing to report a bite incident or failing to voluntarily surrender the dog or cat
believed to have bitten a person to the By-Law Enforcement / Animal Control
Officer.
h)
Failing to voluntarily surrender a dog or cat to the By-Law Enforcement / Animal
Control Officer upon a request therefor;
i)
Failure by an owner to discharge the duties of an owner as set out in subsection
2(1) of The Animal Care Act (Manitoba);
j)
Keeping or harbouring any wild animal or other restricted animal within the
Municipality without a proper permit contrary to Section 17 of this By-Law;
k)
Violating any of the conditions or restrictions imposed upon a permit to keep or
harbour any wild animal or other restricted animal within the Municipality;
l)
Failing to properly vaccinate a dog or cat against rabies;
m)
Failing to comply with any conditions imposed upon the use of a cat trap within
the Municipality;
n)
Failing to comply with the requirements of subsection 10(1) of this By-Law in
relation to any domestic pet;
o)
Failing to comply with the requirements of any provision of subsections 10(4), (5)
or (6) in relation to any cat;
p)
Failing to comply with any requirements of Part VI of this By-Law in relation to
an aggressor animal or a dangerous animal;
q)
Defacing or removing a sign required to be posted under subsection 12(9)(b) or
subsection 14(1)(f) of this By-Law;
r)
Failing to comply with any of the requirements of Part VII of this By-Law in
relation to livestock;
s)
Failing to comply with any of the requirements of Part VIII of this By-Law in
relation to any restricted animals.
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BY-LAW #31/02
INTERFERENCE WITH ENFORCEMENT:
18(2) It shall be an offense under this By-Law for a person to interfere or obstruct any attempt
by a By-Law Enforcement / Animal Control Officer, Poundkeeper or the Board 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 a By-Law Enforcement / 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.
18(3) It shall be an offense under this By-Law:
a)
to break into, or assist another person in any manner, directly or indirectly, to
break into any pound; and
b)
to remove or attempt to remove any impounded animal, or to otherwise cause or
assist an escape of any impounded animal.
APPREHENSION BY RESIDENT:
18(4) Any resident of the Municipality may apprehend and confine an animal which is running
at large on his property provided that he shall immediately thereafter inform the By-Law
Enforcement / Animal Control Officer or the Poundkeeper of the apprehension and
confinement, and the By-Law Enforcement / Animal Control Officer shall, as soon as
practical, attend upon the resident to take possession of and impound the animal.
RIGHT OF ENTRY:
19(1) The By-Law Enforcement / Animal Control Officer or any other person appointed by the
Board 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 for a Provincial Court Judge, Magistrate or
Justice of the Peace, as required to permit such entry.
19(2) The owner or harbourer 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 dwelling upon
the request of the By-Law Enforcement / Animal Control Officer and to assist the By-
Law Enforcement / Animal Control Officer to apprehend and impound the said animal.
COMPLAINANT IDENTIFICATION:
20(1) Any person who makes a complaint alleging an offense under this By-Law against
another person shall provide to the By-Law Enforcement / Animal Control Officer his
name, address and telephone number. It shall be at the discretion of the By-Law
Enforcement / Animal Control Officer whether or not to proceed based on an anonymous
complaint or information.
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BY-LAW #31/02
LIABILITY:
21(1) No liability shall attach to the By-Law Enforcement / Animal Control Officer, the
Poundkeeper, the Board 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 By-Law
Enforcement / Animal Control Officer, the Poundkeeper, the Board and/or the
Municipality for any animal destroyed, 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.
PENALTIES:
22(1) Without limiting the penalties or impoundment fees as set out in Schedule "A" hereof,
any person who contravenes or permits the contravention of any provision of this By-
Law, or who fails, refuses or neglects to comply with the requirements of this By-Law,
shall be issued a Notice of Breach of By-Law and is guilty of an offence and is subject, in
addition to any penalties prescribed in Schedule "A" hereto, upon conviction before a
Provincial Court Judge, Magistrate or Justice of the Peace, to the following:
a)
a fine of not less than FIFTY DOLLARS ($50.00) and not more than
TWO
HUNDRED DOLLARS ($200.00), plus all applicable costs of apprehension and
impoundment, for the first offence;
b)
a fine of not less than ONE HUNDRED DOLLARS ($100.00) and not more than
FIVE HUNDRED DOLLARS ($500.00), plus all applicable costs of
apprehension and impoundment, for the second offence;
c)
Any animal that is impounded three (3) 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 destroyed regardless of whether or not it is properly licensed, if
applicable, under this By-Law.
22(2) Any person who interferes with or obstructs the duties of a By-Law Enforcement /
Animal Control Officer, a Poundkeeper 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, shall be issued a Notice of Breach of this By-Law, is guilty of an
offense and is liable:
a)
to a fine of not less than FIFTY DOLLARS ($50.00) and not more than FIVE
HUNDRED DOLLARS ($500.00), or to imprisonment for a term of not more
than thirty (30) days, for the first offense, plus all applicable apprehension and
impoundment costs;
b)
to a fine of not less than ONE HUNDRED DOLLARS ($100.00) and not more
than FIVE HUNDRED DOLLARS ($500.00), or to imprisonment for not more
than six (6) months, for each subsequent offense, plus all applicable apprehension
and impoundment costs.
22(3) Where the contravention, disobedience, refusal or neglect continues for more than one (1)
day, the person is guilty of a separate offense for each day that the contravention,
disobedience, refusal or neglect continues.
22(4) A person who has been served with a Notice of Breach of this By-Law, may dispose of
the matter by mailing or attending to the Office of the Municipality during regular office
hours within fourteen (14) days of the date of the Notice and pay to the Municipality, on
behalf of the Board, the minimum fine (including applicable costs). In the event that a
person does not pay the minimum fine and costs within the said fourteen (14) day period,
the Board may lay an Information with respect to the By-Law infraction and a Summons
may be issued for the person to attend to Provincial Court. Any person found guilty of a
breach of this By-Law as set out in the said Notice may be liable to the Board for the
maximum penalty set out in this By-Law including court costs.
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BY-LAW #31/02
22(5) All fines and penalties collected under the provisions of this By-Law, except as herein
otherwise provided, shall be paid to the Municipality, on behalf of the Board.
23(1) Wherever the provisions of any other By-Law, rule, regulation, statute imposes
overlapping or contradictory regulations over the control of animals, prohibition of
animals, or contain any restrictions covering any of the same subject matter contained
herein, the most restrictive standard shall apply.
SEVERABILITY:
24(1) If any provision of this By-Law is held to be invalid by any Court of competent
jurisdiction, the remaining provisions of this By-Law shall not be invalidated.
EFFECT:
25(1) This By-Law shall come into force and effect on and from the date of its enactment.
24(2) That By-Law #17/01 is hereby repealed.
DONE AND PASSED in Council assembled in the Council Chambers of the Rural
Municipality of Rockwood, at Stonewall, in the Province of Manitoba, this 25th day of
September, A.D., 2002.
THE RURAL MUNICIPALITY OF ROCKWOOD
LEON VANDEKERCKHOVE, REEVE
JACK DOUGLAS, CAO
GIVEN First Reading this
11th day of September , A.D., 2002.
GIVEN Second Reading this 11th day of September , A.D., 2002.
GIVEN Third Reading this
25th day of September , A.D., 2002.