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RURAL MUNICIPALITY OF ROSEDALE
BY-LAW NO. 8-2018
BEING A BY-LAW FOR THE REGULATION AND CONTROL OF ANIMALS
WITHIN THE RURAL MUNICIPALITY OF ROSEDALE.
PART I: AUTHORITY
WHEREAS subsection 232(1) of The Municipal Act, S.M. 1996, c. 58 (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 subsection 232(2) of the Act provides, in relevant part, as follows:
Exercising By-Law-making powers
232(2) Without limiting the generality of subsection (1), a council may in a by-
law passed under this Division
(a) regulate or prohibit;
(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, subsection 236(1) 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,
(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,
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(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 subsections 5(1), (2) and (3) of The Animal Liability Act, S.M. 1998 c. 8
provide, in relevant part, as follows:
Animals not to run at large
5(1) Except when permitted by a municipal by-law passed in accordance with The
Municipal Act or a by-law of a local government district passed in accordance with The
Local Government Districts Act, no owner or person in charge of an animal shall allow it
to run at large.
By-Law does not limit owner's liability
5(2) An owner's liability under section 2 is not limited or otherwise affected by a by-law
referred to in subsection (1).
Municipality or LGD not liable by reason only of making By-Law
5(3) A municipality or local government district that makes a by-law referred to in
subsection (1) is not liable, by reason only of having made the by-law, for damages for
any harm that an animal causes to a person or property while running at large in the
manner permitted under the by-law.
AND WHEREAS, subsections 31(1) and (2) of the Diseases and Dead Bodies Regulation,
338/88R of The Public Health Act, R.S.M. 1987 c.P210 provide, in relevant part, as follows:
31(1) In the event of an animal bite to a person in which a physician determines that there
is a possibility of transmission of rabies, the person bitten or any duly qualified medical
practitioner or registered nurse attending that person shall forthwith notify the medical
officer of health or the animal control officer of the municipality in which the biting
incident occurred or a peace officer of the details of the biting incident.
31(2) An animal control officer or peace officer receiving a report pursuant to subsection
(1) shall notify the medical officer of health of the details of the report at the earliest
possible opportunity.
PART II: DEFINITIONS AND INTERPRETATION
By-Law Name
1(1) This By-Law may be referred to as the "Animal Control By-Law".
Definitions
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 the person appointed by Council to enforce the provisions of
this By-Law, and includes any person acting as an assistant to, or under the direction of, the
animal control officer authorized by the Council.
"Cat" means any member of the genus Felis domesticus (domestic cat).
"Council" means the council of the Rural Municipality of Rosedale.
"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
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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 12 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:
(d) dairy cattle and beef cattle, goats, sheep, bison and horses;
(e) swine (including, wild boar);
(f) all cervids on game production farms;
(g) all of the family Camilidae (including, Llamas and Alpacas);
(h) all domestic poultry (including, chickens, turkeys, ducks and geese);
(i) specialty fowl (including, guinea fowls); and
(j) 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 Rosedale
"Owner" includes any person who owns, keeps, harbours or has possession or control of an
animal, or who owns, leases or occupies, either solely or jointly with others, any premises
containing the animal or which contained the animal immediately prior to an attack by the animal
or apprehension of the animal by the animal control officer or any other person.
"Person" includes a firm or corporation.
"Pound" means any enclosure, premises or place, whether within or outside the Municipality,
designated by Council for the impoundment and care of any animal for the purposes of enforcing
any provision of this By-Law.
"Poundkeeper" means the person appointed by Council, whether on a temporary or permanent
basis, to operate and maintain a pound, and to carry out the duties of a poundkeeper as set out in
section 4 of this By-Law.
"Restricted animal" means:
(a) any member of the order Primate except a human being;
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(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;
(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.
Interpretation
1(3) 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.
PART III: ESTABLISHMENT OF POUND AND APPOINTMENT OF ANIMAL
CONTROL OFFICER AND POUNDKEEPER
Establishment of Pound
2(1) Council may establish and maintain a pound for the impoundment and care of animals
apprehended pursuant to the enforcement of any provision of this By-Law, or the Council may
enter into an agreement with any person (including with any other municipality, city, town or
organization) to establish and maintain a pound on their behalf. The costs associated with the
pound operated by or for the Municipality shall be paid out of the general funds of the
Municipality.
Appointment of animal control officer
2(2) Council may appoint one or more persons as 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) Council may appoint one or more persons as poundkeeper(s) to carry out the duties of the
poundkeeper set out in this By-Law. The poundkeeper(s) so appointed may be appointed on a
temporary 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 Council, the animal control officer may also serve as poundkeeper, and
vice versa.
Duties of the animal control officer
3. It shall be the duties of the animal control officer:
(a) to apprehend and confine at the pound, any animal running at large within the
Municipality contrary to the provisions of this By-Law.
(b) to apprehend and confine any restricted animal being kept or harboured by, or in the
possession or control of, any person that is in breach of this By-Law, or running at large,
within the Municipality (including without limitation, a kennel permit or kennel license).
(c) With the assistance of the Municipal CAO, 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 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
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not known, the Municipality 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.
(d) to apprehend and confine any dog, cat or any other domestic pet which is running at
large within the Municipality contrary to the provisions of this By-Law, or which is kept
or harboured by, or in the possession or control of, any person that is in breach of this 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) 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.
(f) to enforce the provisions of this By-Law.
(g) The Municipality may vary the terms, conditions and duties of the animal control
officer 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 animal control officer set out in paragraphs (a) through (f)
above to the extent that they are specifically modified by the contract. Where the animal
control officer 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.
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 the following
minimum information:
(i) to keep a record of 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 CAO of the Municipality, together with such reports and statements as the
said CAO may prescribe from time to time, except where the Municipality has entered
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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 CAO, 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 fees, provided however that the poundkeeper shall remain responsible to the
Municipality for all amounts due to the Municipality under its contract with the
poundkeeper.
PART IV: DOGS, CATS AND OTHER DOMESTIC PETS
Responsibility of Owners Regarding Dogs
5(1) No owner shall:
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(a) permit his dog to run at large. When a dog is found running at large, its owner shall be
deemed to have failed or refused to comply with this subsection.
(b) 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.
(c) 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.
(d) permit his dog to defecate on his property in a manner which constitutes an
environmental or health hazard or a nuisance for neighbours.
(e) permit his dog to damage public property or private property other than that of the
owner. Where public or private property has been damaged by a dog, its owner shall be
deemed to have failed or refused to comply with this subsection.
(f) own, keep, harbour or have possession or control of any dog determined to be a
dangerous animal, unless such dog is kept at all times in accordance with the provisions
of Part V.
(g) permit his dog to pursue, bite, wound or worry any person or animal, whether or not
on the property of the owner.
(h) permit his dog on any school ground or playground.
(i) permit his dog on public property (including parkland area) unless the dog is on a leash
(which lease 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.
(j) permit his dog to upset waste receptacles or otherwise litter.
5(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 5(1)(c) and (i).
Redemption
6. 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) all outstanding fines, damages or costs relating to the impounded animal.
Restrictions on Domestic Pets
7(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 15 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
7(2) Subject to subsection 7(3) and the provisions of section 5, the owner of a dog shall not
permit the dog to be outside of the owner's premises unless: (a) the dog is on a leash that is less
than six (6) feet in length fully extended; and (b) the dog is under the immediate charge and
effective control of a person competent to control it.
7(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
7(4) Subject to subsection 7(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.
7(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 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.
Cat Trap
7(6) Any person who wishes to obtain a trap to apprehend a cat running at large from the
poundkeeper or the animal control officer, shall:
(a) provide to the poundkeeper or animal control officer, as applicable, his or her name,
address and telephone number;
(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; and
(c) pay any deposit and/or fee as may be authorized by Council from time to time for use
of the trap, as set out in Schedule A hereto attached.
7(7) Any person who fails to comply with the terms and conditions set out in this section 7 shall
be guilty of an offense under this By-Law.
Maximum Number of Dogs or Cats
8(1) No person shall:
(a) 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, unless such person holds a valid kennel permit authorizing
him to own that number of dogs.
(b) own, harbour, keep or have in his possession or control or on his premises, more than
three (3) cats 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 kennel permit
authorizing him to own that number of cats.
8(2) Subsection 8(1)(b) hereof shall not apply to premises which are zoned agricultural, provided
however, that where, in the discretion of the animal control officer, the number of cats on any
such premises constitutes a danger to the public or to the cats, the animal control officer may
exercise his discretion to apprehend and impound all or some of the cats.
Teasing and Enticing
9. Any person teasing, taunting, baiting or throwing objects at an animal confined within the
owners property is guilty of an offence hereunder and shall be assessed a fine as set out in
section 20.
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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").
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 10 hereof have
been complied with; and
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(e) proof that the aggressor animal does not have rabies, and that the aggressor animal
has a current rabies vaccination status at the date of the bite incident.
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 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 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
(ii) may impose all or any of the conditions set out in subsection 10(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
11
(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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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, pay the required fee for the
dangerous dog and 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 CAO 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 11(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.
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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 CAO of the Municipality, in which
case Council shall hold a hearing at a 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 13
hereof. The animal shall remain quarantined in the pound pending the outcome of the hearing.
13(3) Notwithstanding any other provision of this By-Law, where it appears on reasonable
grounds that an animal is causing or is about to cause bodily harm or injury to any person or any
other animal or damage to property, the animal control officer may forthwith destroy such animal
and no action may be brought against the animal control officer or the municipality in
consequence of such destruction.
13(4) Where the animal has been destroyed pursuant to subsection (3), the animal control
officer shall take reasonable action to determine the ownership of the destroyed animal and to
notify the owner of such destruction. The costs of destroying an animal under subsection (3)
may be charged as a debt due to the municipality from the owner of the destroyed animal.
13(5) In subsection (3) and (4) hereof, "animal" includes restricted animals, livestock, dogs, cats
and domestic ferrets.
PART VI: LIVESTOCK
14(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. If so permitted, Council may specify the number and kind of livestock which may be kept on
any such premises within the Municipality, and it shall be an offense under this By-Law to keep any
livestock in excess of the prescribed number and kind.
14(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.
14(3) Council, or the animal control officer on the authority of Council, may establish from time to
time a temporary or permanent premises for the confinement of livestock apprehended pursuant to
the provisions of this By-Law. This may include the premises where the apprehension took place,
and the owner of such premises or any other such person as may be authorized by Council, shall
provide care for the impounded animals at a rate of remuneration to be fixed from time to time by the
Council. The Chief Administrative Officer of the Municipality may authorize the establishment of a
temporary pound, which temporary pound shall be ratified at the next regularly scheduled Council
meeting.
14(4) When livestock is impounded, the animal control officer shall publish notice of the
impoundment in a newspaper that is generally distributed within the Municipality as well as post a
notice at the office of the Municipality. This notice shall describe 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 were found running at large.
14(5) If the identity of the owner is known, the animal control officer shall serve directly upon the
owner or mail a notice of impoundment to the owner at his last known address.
14(6) The owner of the livestock shall not be entitled to the return of the livestock until the actual
costs incurred by the Municipality in apprehending and impounding the livestock, together with the
costs of caring for the livestock and any fines imposed pursuant to this By-Law, have been paid in
full.
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14(7) If no person claims the livestock within ten (10) days of the date of the notice of impoundment,
or if the owner has not paid the costs and fines referred to in subsection 14(6), the animal control
officer may sell or otherwise dispose of the livestock without further notice to the owner, the proceeds
of which shall be paid to the general funds of the Municipality.
PART VII: RESTRICTED ANIMALS
Prohibition on restricted animals
15(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.
Application for permission to keep or harbour a restricted animal
15(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 travelling show to keep a restricted animal in the
Municipality on a temporary basis may be considered by the Chief Administrative Officer without
compliance with the notice and hearing requirements aforesaid. Council (or 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 harbour a restricted animal and any violation of such
conditions by the owner shall invalidate the permit provided by Council and shall constitute an
offence under this By-Law.
Temporary impoundment
15(3) If deemed necessary in the interests of public safety, the animal control officer may apprehend
and impound any restricted animal pending the outcome of any hearing to decide an application
made pursuant to subsection 15(2) hereof.
Inventory of restricted animals
15(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.
15(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.
15(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.
15(6) (b) Council may grant such longer period of time to an owner of a restricted animal who falls
within subsection 15(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 Municipality.
Order to dispose of restricted animal
15(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
15(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 15(2), and the order
of the animal control officer shall be suspended pending the decision of Council.
15(8) The onus shall be on the person upon which an order pursuant to subsection 15(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.
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15(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.
15(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 15(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.
PART VIII: GENERAL PROVISIONS
Offenses under this By-Law
16(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 without a properly issued kennel permit contrary to section 8 of this By-Law;
(d) Failing to comply with an order of the animal control officer to dispose of any dogs or cats
in excess of the prescribed limit made under section 6 of this By-Law;
(e) Failure by the owner of a dog to comply with any one or more of the provisions of section
5, subsection 7(2) or subsection 7(3) of this By-Law;
(f) Failing to report a bite incident or failing to voluntarily surrender the dog or cat believed to
have bitten a person to the animal control officer or poundkeeper;
(g) Failing to voluntarily surrender a dog or cat to the animal control officer upon a request
therefor;
(h) Failure by an owner to discharge the duties of an owner as set out in subsection 2(1) of
The Animal Care Act (Manitoba);
(i) Keeping or habouring any wild animal or other restricted animal within the Municipality
without a proper permit contrary to section 15 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 7(1) of this By-Law in relation to any
domestic pet;
(o) Failing to comply with the requirements of any provision of subsections 7(4), (5) or (6) in
relation to any cat;
(p) Failing to comply with any requirements of Part V 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 10(9)(b) or
subsection 12(2)(f) of this By-Law;
(r) Failing to comply with any of the requirements of Part VI of this By-Law in relation to
livestock;
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(s) Failing to comply with any of the requirements of Part VII of this By-Law in relation to any
restricted animals.
Interference With Enforcement
16(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.
16(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
16(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,
poundkeeper or the CAO 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
17(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.
17(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
18(1) 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.
Liability
19(1) 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
20(1) Without limiting the penalties for specific offenses set out in subsections 20(2)and (3) hereof,
any person who contravenes any provision of this By-Law is guilty of an offense and is liable:
(a) to a fine of not less than $50.00 and not more than $500.00, plus all applicable costs and
penalties for the first offense;
(b) to a fine of not less than $100.00 and not more than $1000.00, or to imprisonment for not
more than thirty (30) days, or both, plus all applicable costs and penalties for the second
offense and for each subsequent offense within twelve (12) months of the first offense;
20(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 under this By-
Law.
20(3) Any person who interferes with or obstructs the duties of an animal control officer, a
poundkeeper or any other person authorized to enforce any provisions of this By-Law, or who
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unlawfully enters any pound or unlawfully removes any animal impounded, is guilty of an offense and
is liable:
(a) to a fine of not less than $500.00 and not more than $1000.00, or to imprisonment for a
term of not more than sixty (60) days, or both , plus all applicable costs and penalties;
20(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.
20(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.
PART IX: GENERAL PROVISIONS
21(1) By enacting this By-law, By-law No.6-2003 and all prior animal control by-laws are hereby
repealed.
DONE AND PASSED in Council assembled at the Rural Municipality of Rosedale
Administration Office, Neepawa, Manitoba this 14th day of September, A.D. 2018.
___________________________
Reeve
____________________________
CAO
Read a first time this 10th day of August, 2018
Read a second time this 10th day of August, 2018
Read a third time this 14th day of September, 2018
For:
ALL
Against:
NONE
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SCHEDULE "A"
IMPOUNDMENT FEES
Application Fees
For a permit to keep restricted animals
$50.00
Cat Traps
For each cat trap - deposit
$20.00
Penalties and impoundment Fees
For any dog, cat or any other domestic pet that was apprehended running at large or that was
for any other reason, impounded by the animal control officer
For first (1st) impoundment, flat fee:
$25.00
-
For each day of impoundment, add
$10.00
For second (2nd) impoundment, flat fee:
$50.00
-
For each day of impoundment, add
$10.00
For third (3rd) impoundment, flat fee:
$100.00
-
For each day of impoundment, add
$10.00
For each dog declared to be a dangerous animal:
$50.00
Restricted animal permit - annual fee
:
$100.00
For voluntary impoundment:
For each day of impoundment:
$10.00
Impoundment fees for Livestock:
For each day of impoundment:
$30.00
Impoundment fees for dangerous animals, quarantined
animals and restricted animals:
$30.00
Impoundment and fine (see section 20)
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SCHEDULE "B"
NOTICE OF IMPOUNDMENT
FOR MUNICIPALITY OF ROSEDALE
Owner: _____________________________________________________________________
(Name and Address of Owner of animal)
Description of Animal: __________________________________________________________
Date of Apprehension: __________________________________________________________
Time of Apprehension: __________________________________________________________
Location Animal Apprehended: ___________________________________________________
Place of Impoundment: Neepawa Vet Clinic ~ 204-476-2222
Hours of Operation: 8:00 a.m. to 5:00 p.m. Monday to Friday; 9:00 a.m. to 12:00 noon Saturday
Hours of Operation of Pound: ____________________________________________________
Phone No. of Pound: ___________________________________________________________
Daily Pound Fee: ______________________________________________________________
Impoundment Fee and/or Fine: ___________________________________________________
Method of Payment Required: ____________________________________________________
Day the animal will be sold or destroyed: ___________________________________________
Date: ___________________ Animal Control Officer:______________________
Signature: _______________________________