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RURAL MUNICIPALITY OF ROLAND
BY-LAW NO. 4-2020
BEING a By-law to provide for the regulation and control
of animals within the limits of the Rural Municipality of Roland.
PART I: AUTHORITY
WHEREAS The Municipal Act, S.M. 1996, c. 58 (the "Act") provides, in relevant part, as follows:
232(1)
A council may pass by-laws for municipal purposes respecting the following matters:
(a)
the safety, health, protection and well-being of people and the safety and protection
of property;
(k) wild and domestic animals and activities in relation to them, including by-laws
differentiating on the basis of sex, breed, size or weight;
(o) the enforcement of by-laws.
232(2)
Without limiting the generality of subsection (1), a council may in a by-law passed under this
Division
(a)
regulate or prohibit;
(f)
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.
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,
(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 months for the
commission of offenses or nonpayment of fines.
AND WHEREAS Sections 5 of The Animal Liability Act provides as follows:
5(1)
Except when permitted by a municipal by-law, no owner or person in charge of an animal shall
allow it to run at large.
5(2)
An owner's liability under section 2 is not limited or otherwise affected by a by-law referred
to in subsection (1).
5(3)
A municipality or local government district that makes a by-law referred to in subsection (1)
is not liable, by reason only of having made the by-law, for damages for any harm that an
animal causes to a person or property while running at large in the manner permitted under
the by-law.
AND WHEREAS Section 8 of The Disease Control Regulation of The Public Health Act (Manitoba) provides as follows:
8(1) If a physician or nurse, not including a medical officer or a public health nurse, believes that a person has been
bitten by an animal and that there is a significant risk that rabies may have been transmitted, the physician or nurse must, as
soon as practical, notify:
(a) a medical officer; or
(b) a public health nurse
And provide the medical officer or public health nurse with the information about the biting incident that he or she
requests.
8(2) Upon receiving notice under this section, a medical officer or public health nurse may, if he or she believes it is
possible that rabies has been transmitted, take steps to ensure that:
(a) the animal is secured alive and without injury in a safe place;
(b) the animal is kept under observation for 10 days or any longer period considered necessary by the
medical officer or public health nurse; and
(c) the animal's head is preserved in ice and sent to a laboratory for examination, if the animal dies or
shows symptoms of rabies during the observation period.
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 Roland;
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BY-LAW NO. 4-2020
NOW THEREFORE the Council of the Rural Municipality of Roland, in Council duly assembled, enacts as follows:
PART II:
DEFINITIONS & INTERPRETATION
Definitions
1(1)
This By-law may be referred to as the "Animal Control By-law".
1(2)
In this By-law, unless the context otherwise requires,
"aggressor animal" shall have the meaning ascribed thereto in section 11 of this By-law.
"Animal Control Officer" means By-law Enforcement/Animal Control Officer.
"By-law Enforcement/Animal Control Officer" means the person appointed by the Council of
the Rural Municipality of Roland to enforce the provisions of this By-law as well as all other By-laws of
the Rural Municipality of Roland, and includes any person acting as an assistant to, or under the direction
of, the By-law Enforcement/Animal Control Officer authorized by the Council.
"cat" means any member of the genus Felis domesticus (domestic cat).
"Clerk" means the Chief Administrative Officer or his/her designates for the Rural Municipality of
Roland.
"Council" means the Council of the Municipality of Roland.
"current rabies vaccination" means that the dog or cat has been vaccinated for rabies in accordance
with international veterinary protocol which calls for a primary vaccination, which is then followed with a
booster vaccination not sooner than 60 days and not greater than one year after the primary vaccination,
and is then subsequently vaccinated at regular intervals not exceeding three years.
"dangerous animal" means any dog, cat or any other animal that has on at least one occasion, worried,
attacked, injured or killed a person, livestock or any other animal, or that is for any other reason
determined to be a risk to any person, livestock or any other animal, and that has been declared a
dangerous animal under section 11 of this By-law.
"dog" means any member of the genus Canis familiaris (domestic dog).
"domestic pet" means any animal other than a dog or cat that has been domesticated and is kept or
harboured within the Municipality;
"livestock" means:
(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 (a)(i), (ii) or (iii) of this definition; and
(c)
any other animal determined by the Animal Control Officer to be livestock for the purposes of
this By-law, whether or not intended for profit and including, without limitation:
(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 of 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 prescribed as livestock in the regulations
pursuant to The Animal Liability Act.
"Municipality" means the Rural Municipality of Roland.
"owner" includes any person who owns, keeps, harbours or has possession or control of an animal, or
who owns, leases or occupies, either solely or jointly with others, any premises containing the animal or
which contained the animal immediately prior to an attack by the animal or apprehension of the animal
by the animal control officer or any other person.
"person" includes a firm or corporation.
"pound" means any enclosure, premises or place, whether within or outside the Municipality, designated
by the Municipality for the impoundment and care of any animal for the purposes of enforcing any
provision of this By-law.
"poundkeeper" means the person appointed by the Municipality, whether on a temporary or permanent
basis, to operate and maintain a pound, and to carry out the duties of a poundkeeper as set out in section
4 of this By-law.
"restricted animal" means:
(a)
any member of the order Primate except a human being;
(b)
any member of the order Carnivora except dogs, cats and domestic ferrets (mustela putorius
furo), but including all hybrids of dogs and cats;
(c)
any member of the order Crocodylia;
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BY-LAW NO. 4-2020
(d)
any constrictor snake, venomous snake or venomous reptile;
(e)
any venomous amphibian;
(f)
any wild animal or wildlife as defined in The Wildlife Act; and
(g)
any other animal determined by the animal control officer to be a restricted animal, other than
a dog, cat or livestock.
"running at large" or "run at large" means, in relation to an animal, that the animal is not:
(a)
under the direct, continuous and effective control of a person competent to control it; or
(b)
securely confined within an enclosure or securely fastened so that it is unable to roam at will.
"Townsite" shall, for the purpose of this By-law, apply to the following townsites unless otherwise
provided herein:
(a)
The Townsite of Roland shall be defined as the settled portion of the North East Quarter of
Section 4, Township 5, Range 5 West of the Principal Meridian, in Manitoba. (NE 4-5-4W)
(b)
The Townsite of Myrtle shall be defined as the settled portion of the North West Quarter of
Section 32, Township 4, Range 3 West of the Principal Meridian, in Manitoba. (NW 32-4-3W)
Interpretation
1(4)
In all parts of this By-law, any work 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.
PART III:
ESTABLISHMENT OF POUND AND APPOINTMENT OF ANIMAL CONTROL OFFICER
AND POUNDKEEPER
Establishment of Pound
2(1)
The Municipality 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 Municipality 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 Municipality shall be paid out of the general funds of the Municipality.
Appointment of Animal Control Officer
2(2)
The Council may appoint one or more persons as By-law Enforcement/Animal Control Officer(s) to carry
out the enforcement of this By-law. The Animal Control Officer(s) so appointed may be appointed on a
temporary or permanent basis and shall be paid out of the general funds of the Municipality.
Appointment of Poundkeeper
2(3)
The Council 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 Municipality.
Common Animal Control Officer and Poundkeeper
2(4)
At the discretion of the Council, the Animal Control Officer may also serve as Poundkeeper, and vice
versa.
Duties of the By-law Enforcement/Animal Control Officer
3.
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 and confine any dog, cat or other domestic pet which is running at large within
the Municipality contrary to the provisions of this By-law, or which is kept or harboured by, or
in the possession or control of, any person that is in breach of this By-law or of any other laws
or regulations pertaining to animals or the conditions of any permit or license including, without
limitation, a kennel permit or kennel license.
(e)
to make reasonable attempt to notify the owner of every animal impounded if the identity of the
owner is known, by direct contact with the owner or by leaving a notice at the last known
address of the owner, which notice shall be in the form set out in Schedule B hereto attached
and shall state the place and time that the animal was apprehended, the place and time when
the animal can be redeemed from the pound, the impoundment fee, and daily pound fees,
license fees and other costs or fines to be charged to the owner, the method of payment
required, and the date after which the animal will be sold, destroyed or otherwise disposed of if
not redeemed. Where the identity of the owner of the animal is not known, the animal control
officer shall post in the general office of the Municipality, a notice describing the animal, the
date of apprehension and the date after which the animal will be sold, destroyed or otherwise
disposed of.
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BY-LAW NO. 4-2020
(f)
The 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 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.
(g)
to enforce the provisions of this By-law.
Duties of Poundkeeper
4.
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.
(b)
To establish and maintain the pound in a manner in keeping with The Animal Care Act
(Manitoba), and without limiting the generality of the foregoing, to discharge the duties of an
owner as set out in subsection 2(1) of The Animal Care Act (Manitoba) while an animal is in the
custody of the poundkeeper.
(c)
To keep a record of every animal impounded, which record shall include to 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 Clerk of the Municipality 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
Clerk of the Municipality, together with such reports and statements as the said Clerk may
prescribe from time to time, except where the Municipality has entered into a contract with a
private party for the operation of the pound, in which case the poundkeeper shall observe all
terms and conditions of the contract with the Municipality for the operation of the pound,
including without limitation, the provisions concerning the charging and collection of fees, the
remittance of amounts due to the Municipality, and the submission of all reports and
statements required to be submitted to the Municipality under the said contract.
(e)
to keep any impounded dog, cat or any other animal which is, to the knowledge of the
poundkeeper, a domestic pet, for a minimum period of:
(i) three (3) days, which shall include the day of impoundment but shall exclude Sundays
and any statutory holidays during which the pound is closed to the public, or
(ii) where the Municipality has entered into a contract with a private party for the operation
of the pound, the minimum hold period established under the poundkeeper's contract
with the Municipality.
(f)
To make suitable arrangements for the temporary impoundment and sale, disposition or
destruction of any animal other than a dog, cat or domestic pet that is apprehended within the
Municipality, including any restricted animal or wild animal within the meaning of The Wildlife
Act.
(g)
If, after expiration of the minimum period of impoundment set out in paragraph (e), a dog, cat
or other domestic pet has not been redeemed, it will be the duty of the poundkeeper to do one
of the following with the impounded animal:
(i)
sell or otherwise dispose of the impounded animal to any person for an amount not less
than the applicable pound and license fees accrued in respect of the impounded animal as
set forth in this By-law, unless such fees are otherwise waived by the Municipality or by
the poundkeeper on the express authority of the Municipality; or
(ii) cause the impounded animal to be humanely destroyed;
unless the Municipality, or the poundkeeper on the express authority of the Municipality, agrees
to or directs an extended period of impoundment, in which case the impounded animal will be
held until the earlier of the date that it is sold or otherwise disposed of to a person in
accordance with sub-paragraph (g)(i) or until expiry of the extended period of impoundment,
before it is humanely destroyed.
(h)
The Municipality may vary the terms, conditions and duties of the poundkeeper by contract
with a private party, provided however that the contract shall contain (and where absent in the
contract, shall be deemed to incorporate) as minimum provisions, the duties of the
poundkeeper set out in paragraphs (a), (b) and (c) above, and further provided that the
provisions in paragraphs (d), (e), (f) and (g) above shall continue to apply except to the extent
that they are specifically modified by the contract. Where the poundkeeper is a private party
under contract with the Municipality, the poundkeeper shall observe all of the terms and
conditions of the contract with the Municipality. Where it is permitted under the contract with
the Municipality, the poundkeeper may, at its sole cost and expense, keep an impounded
animal for longer than the minimum hold period, and may sell or otherwise dispose of the
impounded animal for an amount less than the applicable pound and license fees, provided
however that the poundkeeper shall remain responsible to the Municipality for all amounts due
to the Municipality under its contract with the poundkeeper.
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BY-LAW NO 4-2020
PART IV:
DOGS, CATS AND OTHER DOMESTIC PETS
Licensing of Dogs
5(1)
The owner of every dog over the age of six (6) months must apply to the Municipality to obtain a license to keep the
Dog
5(2)
Prior to the Municipality issuing a license, the Owner must provide the Municipality with the following:
(a) the breed, age, and any other information with respect to the Dog reasonably requested by the Animal Control
Officer;
(b) the name, address, and telephone number of the Owner;
(c) evidence that the Dog has a current rabies vaccination;
(d) the license fee;
(e) evidence satisfactory to the Animal Control Officer that the Dog will not place the safety, health, and well-being
of the community at lar at risk; and
(f) if the Dog has in the past been deemed an Aggressor Dog or designated a Dangerous Dog, that the conditions or
restrictions imposed upon the redemption or custody of such Dog are being met.
5(3)
A license may not be transferred to a new Owner. Where a change in ownership of a Dog properly licensed
hereunder occurs, the new Owner must obtain a new license to keep the Dog.
5(4)
The licensing requirements provided hereunder do not apply to non-residents of the Municipality who bring a Dog
into the Municipality on a temporary basis, provided always, that all other provisions of this By-law will apply to a Dog
brought into the Municipality on a temporary basis.
Rabies Vaccination
5(5)
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 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 animal control officer may apprehend and impound the dog or cat, and may
charge the owner with an offense under this By-law.
Responsibility of Owners Regarding Dogs
6(1)
No owner shall:
(a)
permit his dog to run at large within the Townsites of Roland and Myrtle.
(b)
permit his dog to leave the Owner's property without having the license tag issued for the Dog securely
fastened to a collar worn around the neck of the Dog;
(c)
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.
(d)
permit his dog to defecate on any public or private property other than the property of its
owner. Where a dog defecates on property other than the property of its owner, the owner
shall cause such excrement to be removed forthwith.
(e)
permit his dog to defecate on his property in a manner which constitutes an environmental
or health hazard or a nuisance for neighbours.
(f)
permit his dog to damage public property or private property other than that of the owner.
(g)
own, keep, harbour or have possession or control of any dog determined to be a dangerous
animal, unless such dog is kept at all times in accordance with the provisions of Part V.
(h)
permit his dog to pursue, bite, wound or worry any person or animal, whether or not on the
property of the owner.
(i)
permit his dog on public property (including parkland area) unless the dog is on a leash
(which leash shall be no longer than six (6) feet in length, fully extended) and the dog 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 Council as land upon
which dogs are not required to be on a leash.
(k)
permit his dog to upset waste receptacles or otherwise litter.
6(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 6(1)(c), (f), (i) and (j).
Redemption
7
Unless the impounded animal is determined to be a dangerous animal, the owner of any dog, cat
or any other domestic pet (other than a restricted animal) impounded by the animal control officer
may be redeemed within three (3) days of the apprehension and impoundment by applying to the
poundkeeper for redemption and paying:
(a)
the impoundment fee as set out in Schedule A;
(b)
the pound fee calculated in accordance with Schedule A;
(c)
in the event that the impounded animal is a dog that is unlicensed at the time of apprehension,
the relevant license fee; and
(d)
all outstanding fines, damages or costs relating to the impounded animal.
Restrictions on Domestic Pets
8(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
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BY-LAW NO 4-2020
Municipality unless such person has been issued a permit by the Municipality under section 14 of
this By-law, and also holds all other government licenses as may be required, to keep or harbour
the animal within the Municipality.
Dogs
8(2)
Subject to subsection 8(3) and the provisions of section 6, the owner of a dog shall not permit the
dog to be outside of the owner's premises unless:
(a)
the dog has a collar which has 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 less 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.
8(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 is 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
8(4)
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 the 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 or by another owner who
voluntarily permits such contact.
Cat Trap
8(5)
Any person who wishes to obtain a trap from the Animal Control Officer to apprehend a cat running
at large shall:
(a)
provide to the Animal Control Officer or the Poundkeeper, 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 Animal Control Officer, as applicable.
8(6)
Any person who fails to comply with the terms and conditions set out in this section 8 shall be
guilty of an offense under this By-law.
KEEPING OF ANIMALS
Dogs
9(1)
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 three (3) months, regardless of the number of people
who may be inhabiting the premises.
Cats
9(2)
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 three (3) months, regardless of the number of people
who may be inhabiting the premises.
Kennels
9(4)
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.
Livestock
9(5)
The keeping of livestock within any Townsites located in the Municipality is strictly prohibited..
PART V:
DANGEROUS ANIMALS
Animal Bites
10(1)
The 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;
(in either case, the "aggressor animal"), whether on private premises or elsewhere, and whether or
not the skin was directly punctured or lacerated by the bite, except that this provision shall not apply
to a police service dog owned by a public law enforcement agency while on duty and under the
control of a qualified dog handler.
10(2)
If the aggressor animal is not voluntarily surrendered to the animal control officer by the owner, the
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.
10(3)
Any aggressor animal so apprehended and impounded at the pound shall, subject to subsection 10(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").
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BY-LAW NO 4-2020
10(4)
The 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.
10(5)
Subject to a determination by the animal control officer pursuant to subsection 10(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.
10(6)
The animal control officer shall keep a record of all bite incidents, identifying the aggressor animal and
the details of the incident, and such record may be used in any hearing or appeal with respect to the
dangerous animal provisions contained herein.
10(7)
The head of any aggressor animal quarantined for biting that dies while quarantined and prior to the
veterinary examination required pursuant to subsection 10(8) hereof, shall be submitted to the Canadian
Food Inspection Agency for rabies examination.
10(8)
Every aggressor animal shall be examined by a licensed veterinarian approved by the 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 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 animal control officer, a
dangerous animal and, if yes, whether or not the provisions of section 12 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 VII 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.
10(9)
Notwithstanding the provisions of subsection 10(3) herein, it shall be within the discretion of the 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:
(a)
the owner shall take the 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 with 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 veterinary examination from time to time
as may be prescribed by the animal control officer, and shall report the results of any
such veterinary examination to the 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 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 animal control officer may deem necessary or advisable
in the interests of public safety.
Determination that an Animal is a Dangerous Animal
11(1)
Where the animal control officer has reason to believe that an animal, including but not limited to an
aggressor animal under section 10, is a dangerous animal, he shall arrange a hearing before Council at
a regularly scheduled meeting of Council to determine whether or not the said animal should be declared
a dangerous animal. In the event that an owner voluntarily accepts the dangerous animal declaration
and the recommended disposition of the matter made by the animal control officer, a hearing before
Council may be dispensed with, and the recommended disposition of the matter shall constitute a final
order in respect of which there is no appeal.
11(2)
Where it is deemed necessary by the animal control officer to protect the public or other animals pending
the decision of Council, the Animal Control Officer may:
(i)
require that the animal be quarantined in the pound until the earlier of the date that the animal
control officer determines that it is safe to release the animal to the custody of the owner or
until Council hears the matter and issues its determination; or
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BY-LAW NO 4-2020
(ii)
may impose all or any of the conditions set out in subsection 12(2) of this By-law upon the
owner's custody of the animal, which conditions shall apply until the earlier of the date that
the animal control officer determines that it is safe to remove the conditions or until Council
hears the matter and issues its determination.
11(3)
Council shall provide written notice of the hearing to the owner of the animal at least ten (10) days in
advance of the hearing by serving notice upon the owner or by mailing the notice by registered mail to
the last known address of the owner. In the case where the animal alleged to be a dangerous animal
is a dog, the animal control officer shall be entitled to mail the said notice to the last 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:
(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 11 of the By-law; and
(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.
11(4)
(a)
The owner has the right to appear at the hearing, with or without counsel, and to make
submissions to Council 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 animal control officer and to inspect any documents filed by or
on behalf of the 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 11, Council 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
Council by notice in writing delivered by personal service or registered mail in the manner
set out in subsection 11(3) hereof.
11(5)
Within five (5) working days of the hearing of Council, Council shall issue a written decision in
accordance with the following provisions:
(a)
The Council 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 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.
(b)
The Council 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.
11(6)
The Council shall deliver a copy of their decision to the owner in the manner provided in subsection
11(3). There shall be no obligation upon Council to issue written reasons for their decision.
11(7)
The decision of Council shall be final. There shall be no appeal from the decision of Council.
11(8)
In the event that a dog is declared by Council to be a dangerous animal, any license previously
issued in relation to that dog shall be deemed to have been cancelled effective as of the date of
Council's decision to declare the dog to be a dangerous animal.
11(9)
Where a license is deemed to have been cancelled pursuant to subsection 11(8) hereof, the owner
shall be entitled to a credit or refund on any paid-up license fee, calculated on a quarterly pro rata basis.
The Municipality may set-off against any such refund, any fines, fees or costs owing by the owner under
this By-law.
11(10) Every owner who has received notification from Council pursuant to subsection 11(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.
11(11) Subsection 11(10) shall not apply if the animal is impounded or the animal control officer receives
written confirmation from a licensed veterinarian that the animal has been placed in quarantine pending
outcome of the hearing.
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BY-LAW NO 4-2020
Consequences of Dangerous Animal Declaration
12(1)
Council shall determine whether the dangerous animal should be destroyed or released to the owner
subject to the conditions set out in subsection 12(2). The decision of Council shall be final and not
subject to appeal.
12(2)
Every owner of an animal that has been declared to be dangerous and in respect of which Council has
decided to release the dangerous animal 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 Council 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 the escape of the
dangerous animal;
(ii) has minimum dimensions suitable for the size of the dangerous animal, as
prescribed by the 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
passersby 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 animal control officer with the name, address and telephone number of the
new owner.
(h)
advise the animal control officer within three (3) working days of the death of the dangerous
animal.
(i)
advise the 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.
(j)
maintain in force to the satisfaction of the Clerk of the Municipality 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 Council, including, without
limitation, any of the conditions set out in subsection 10(9) hereof.
12(3)
No person shall deface or remove a sign posted pursuant to subsection 12(2)(f) or subsection 10(9)(b)
hereof without having first obtained the permission of the animal control officer.
Destruction of Dangerous Animal or Aggressor Animal
13(1)
Where it appears on reasonable grounds that an owner has breached a condition of this By-law in
respect of an animal that has been declared dangerous or if an aggressor animal has caused injury or
damage to any person, property or any other animal or if the animal control officer otherwise has
reasonable grounds to believe that an animal presents a risk to any person, property or any other animal
and such animal has been declared a dangerous animal by Council, the animal control officer may
apprehend and impound the animal for the purpose of destroying it. In the event that an animal is
causing an immediate risk to any person, property or any other animal, the animal control officer is
authorized to apprehend and impound the said animal notwithstanding that it has not been declared to be
a dangerous animal by Council at the time of its apprehension and impoundment.
13(2)
When the animal control officer impounds an animal under this section 13 for the purpose of destruction
of the animal, he shall give the owner written notice, delivered to the last known address of the owner,
that the animal will be destroyed after the expiry of ten (10) days from the date of the notice. The owner
may, during that time period, appeal the decision of the animal control officer to Council by providing
notice in writing to the Clerk of the Municipality, in which case Council shall hold a hearing at a regularly
scheduled meeting of Council as to whether or not the animal should be destroyed, which hearing shall
be carried out in accordance with the provisions of section 11 hereof. The animal shall remain
quarantined in the pound pending the outcome of the hearing.
PART VI:
RESTRICTED ANIMALS
Prohibition on Restricted Animals
14(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 Council.
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BY-LAW NO 4-2020
Application for Permission to Keep or Harbour a Restricted Animal
14(2)
Upon receipt of an application from any person to keep a restricted animal, Council shall comply with the
notice and hearing requirements applicable to variation and conditional use applications as set out in
subsection 57(4) of The Planning Act (Manitoba). Provided however, that applications from the owner
or operator of a traveling show to keep a restricted animal in the Municipality on a temporary basis may
be considered by the Chief Administrative Officer without compliance with the notice and hearing
requirements aforesaid. Council (or the Chief Administrative Officer, in the case of an application for a
permit on a temporary basis) shall decide based on the application and any written or oral submissions
of the applicant, whether or not to grant a permit to the applicant to keep or harbour the restricted animal
within the Municipality and shall advise the applicant in writing of their decision. Council or the Chief
Administrative Officer, as the case may be, may impose conditions upon a permit to keep or harbor a
restricted animal and any violation of such conditions by the owner shall invalidate the permit provided
by Council and shall constitute an offense under this By-law.
Temporary Impoundment
14(3)
If deemed necessary in the interest of public safety, the animal control officer may apprehend and
impound any restricted animal pending the outcome of any hearing to decide an application made
pursuant to subsection 14(2) hereof.
Inventory of Restricted Animals
14(4)
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 Council from time to time for
this purpose, provide Council with an inventory of the restricted animals kept by the owner within the
Municipality, together with the annual permit fee.
14(5)
Council 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.
14(6)
a)
Any person who keeps, harbours or has possession or control of a restricted animal in the
Municipality on or before the time that this By-law comes into force or effect, shall have
thirty (30) days from the coming into effect of this By-law to obtain a permit from Council to
continue to keep the restricted animal, failing which the owner shall sell or give the restricted
animal 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.
b)
Council may grant such longer period of time to an owner of a restricted animal who falls
within subsection 14(6)(a) hereof as may be necessary to allow Council adequate time to
consider and decide the owner's application to retain the restricted animal within the R.M.
Order to Dispose of Restricted Animal
14(7)
Where the animal control officer has reasonable grounds to believe that a person is keeping or
harbouring, or has possession or control of, a restricted animal within the Municipality without the
written permission of Council, the animal control officer shall serve the person with an order in writing
to dispose of the restricted animal within fourteen (14) days of receipt of the order or such shorter period
of time as the circumstances may require and the order may provide, in which case the owner shall
sell, give away or otherwise dispose of the restricted animal in accordance with subsection 14(6)(a)
and any conditions imposed in the order of the animal control officer. Provided however, that if the
owner has not already applied and been denied a permit to keep or harbour the restricted animal, the
owner may make such an application in accordance with subsection 14(2), and the order of the animal
control officer shall be suspended pending the decision of Council.
14(8)
The onus shall be on the person upon which an order pursuant to subsection 14(7) has been served to
establish either that: (a) the animal is not a restricted animal; or (b) the person has a permit from Council
to keep or harbour the restricted animal.
14(9)
Where the person has failed to establish either that the animal is not a restricted animal or that he has
a permit from Council to keep or harbour the restricted animal, and the person has failed or refused to
dispose of the restricted animal within the time frame contemplated by the order of the animal control
officer, the animal control officer may seek an order or warrant from a provincial court judge, magistrate
or justice of the peace, as required, to enter upon the land and premises of that person for the purpose
of removing and disposing of the restricted animal. The animal control officer may engage the
assistance of other persons if required to safely apprehend the restricted animal.
14(10) 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 14(7); and (b) if an application for the written
permission of Council to retain the restricted animal has been heard and denied by Council; Council
may proceed to order the animal destroyed or sold, and the animal control officer shall carry out the
order of Council. The owner shall be liable for all costs associated with apprehension, impoundment
and destruction or sale of the restricted animal. If the proceeds of sale exceed any such costs and
any fines imposed upon the owner for breach of this By-law, then the Municipality shall refund the
excess proceeds to the owner.
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BY-LAW NO 4-2020
PART VII:
GENERAL PROVISIONS
Offenses under this By-law
15(1)
For greater certainty and without limiting any provisions of this By-law, the following shall constitute
offenses under this By-law:
(a)
Allowing or failing to prevent a dog, cat or domestic pet from running at large;
(b)
Keeping or harbouring dogs or cats in excess of the maximum number permitted by this
By-law.
(c)
Failure by the owner of a dog to comply with any one or more of the provisions of section 6,
subsection 8(2) or subsection 8(3) of this By-law;
(d)
Failing to report a bite incident or failing to voluntarily surrender the dog or cat believed to
have bitten a person to the animal control officer;
(e)
Failing to voluntarily surrender a dog or cat to the animal control officer upon a request therefor
(f)
Failure by an owner to discharge the duties of an owner as set out in subsection 2(1) of
The Animal Care Act (Manitoba).
(g)
Keeping or harbouring any wild animal or other restricted animal within the Municipality
without a proper permit contrary to section 14 of this By-law;
(h)
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;
(i)
Failing to properly vaccinate a dog or cat against rabies;
(j)
Failing to comply with the requirements of subsection 8(1) of this By-law in relation to any
domestic pet;
(k)
Failing to comply with the requirements of any provision of subsections 8(4), (5) or (6) in
relation to any cat;
(l)
Failing to comply with any requirements of Part V of this By-law in relation to an aggressor
animal or a dangerous animal;
(m)
Defacing or removing a sign required to be posted under subsection 10(9)(b) or subsection
12(2)(f) of this By-law;
(n)
Failing to comply with any of the requirements of Part VI of this By-law in relation to any
restricted animals.
Interference with Enforcement
15(2)
It shall be an offense under this By-law for a person to interfere or obstruct any attempt by the animal
control officer, poundkeeper or the Council from carrying out its duties and obligations hereunder.
Without limiting the generality of the foregoing, no person shall interfere or obstruct or attempt to
interfere or obstruct an animal control officer, the poundkeeper, a police officer or any other person
authorized to apprehend and impound an animal running at large, who is attempting to apprehend or
impound, or who has apprehended and impounded, any animal in accordance with the provisions of this
By-law.
15(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
15(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 animal control officer or the Clerk of
the Municipality of the apprehension and confinement, and the animal control officer shall as soon as
practical, attend upon the resident to take possession of and impound the animal.
Right of Entry
16(1)
The animal control officer or any other person appointed by the Municipality to enforce the provisions
of this By-law or any other law, rule or regulation pertaining to animal care or custody, may lawfully
enter upon the land and buildings of an animal owner or any other person, other than the personal
residence of an individual, for the purposes of apprehending an animal running at large, to ensure
compliance with this By-law (including, without limitation, any license or permit issued pursuant to this
By-law) or to otherwise enforce the provisions of this By-law, but shall not enter the personal residence
of any individual without the consent of the owner or occupant of the personal residence or a valid
warrant or order from a provincial court judge, magistrate or justice of the peace, as required to permit
such entry.
16(2)
The owner of any dog, cat or any other domestic pet that has bitten any person or any other animal
shall present the said animal to the door of his dwelling upon the request of the animal control officer,
to assist the animal control officer to apprehend and impound the said animal.
Complainant Identification
17
Any person who makes a complaint alleging an offense under this By-law against another person shall
provide to the animal control officer his name, address and telephone number. It shall be at the
discretion of the animal control officer whether or not to proceed based on an anonymous complaint or
information.
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BY-LAW NO 4-2020
Liability
18
No liability shall attach to the animal control officer, the poundkeeper, the Council and/or the Municipality
in carrying out their respective duties under this By-law. Without limiting the generality of the foregoing,
no liability shall attach to the animal control officer, the poundkeeper, the Council and/or the Municipality
for any animal 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
19(1)
Without limiting the penalties for specific offenses set out in subsections 19(2) and (3) hereof, any
person who contravenes any provision of this By-law is guilty of an offense and is liable, upon summary
conviction therefor, to a fine not exceeding Five Hundred Dollars ($500.00).
19(2)
Any animal that is impounded three or more times within any 12-month period while owned by the same
owner, shall be sold or disposed of to a new owner or shall be destroyed regardless of whether or not
it is properly licensed under this By-law.
19(3)
Where any person who is alleged to have contravened a section of this by-law, voluntarily consents to
make a payment as provided in Section 5 of The Summary Convictions Act, the penalties shall be as
follows:
(a)
for failure to purchase a license
150.00
(b)
for obstruction of any person authorized to enforce this by-law
200.00
(c)
where no specific penalty is prescribed herein,
for a first offense
125.00
for a second offense
250.00
for a third and subsequent offense
375.00
19(4)
Where a corporation commits an offense under this By-law, each director or officer of the corporation
who authorized, consented to, connived at, or knowingly permitted or acquiesced in, the doing of the
act that constitutes the offense, is likewise guilty of the offense and liable for the penalties provided
for herein.
19(5)
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.
20
That the following by-laws be repealed upon final passage of this By-law:
(a)
By-law No. 8-2004
DONE AND PASSED as a by-law of the Rural Municipality of Roland, at Roland, in the Province of Manitoba,
this 8th day of December A.D. 2020.
Michael Pfrimmer, Reeve
Kristin Olson, Chief Administrative Officer
Read a first time November 10, 2020
Read a second time December 8, 2020
Read a third time December 8, 2020
RURAL MUNICIPALITY OF ROLAND
BY-LAW NO. 4-2020
SCHEDULE "A"
LICENSE AND IMPOUNDMENT FEES
License Fees (Lifetime) and Related Changes
For each spayed female or neutered male dog
$50.00
For each female or male dog
100.00
Replacement tag
$10.00
Penalties and Impoundment Fees
For any animal that was apprehended running at large or that was for any other
reason, impounded by the animal control officer:
Fine for First Apprehension/Impoundment:
$125.00
Fine for Second Apprehension/Impoundment: $250.00
Fine for Third and Subsequent Apprehension/Impoundment $375.00
plus
Animal Control Fee
Actual animal
control fees incurred
Extraordinary costs incurred by By-law Enforcement/Animal Control Officer in
apprehending the dog, cat or domestic pet
Unless waived, all fees must be collected prior to the animal being redeemed from the Pound by the Owner.
RURAL MUNICIPALITY OF ROLAND
BY-LAW NO. 4-2020
SCHEDULE "B"
NOTICE OF IMPOUNDMENT
Owner: ________________________________________ Phone No._____________
Address: ______________________________________________________________
Description of Animal: ____________________________________________________
Tag No.
_______________
Date of Apprehension:
______________________Time: ________________
Location Animal Apprehended:
___________________________________________
Place of Impoundment:
___________________________________________
Daily Pound Fee:
_____________________________
Impoundment Fee and/or Fine:
_____________________________
License Fee:
_____________________________
Day the animal will be sold or destroyed: ______________________________________
Date:____________________
___________________________________
By-law Enforcement/Animal Control Officer