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ANIMAL CONTROL BY-LAW
RURAL MUNICIPALITY OF VICTORIA
BY-LAW NO: 1431/2021
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF VICTORIA for establishing
regulations for the control of dogs and cats within the Rural Municipality of Victoria.
WHEREAS The Animal Liability Act, authorizes the Council of any municipality to pass by-laws
to prohibit and regulate the running at large or trespassing of animals and providing for
impounding them and other regulations in respect thereof.
AND WHEREAS Section 232(1) of The Municipal Act, states that, "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;"
AND WHEREAS Section 232(2) of The Municipal Act, states that "without limiting the
generality of subsection (1), a Council may in a By-Law passed under this Division
e) subject to the regulations, provide for a system of licences, permits or approvals,
including any or all of the following:
i) establishing fees, and terms for payment of fees, for inspections, licences, permits
and approvals, including fees related to recovering the costs of regulation"
NOW THEREFORE the Council of the Municipality of Victoria, in public meeting duly
assembled, enacts as follows:
SECTION 1
INTERPRETATION
Name of By-Law
1.1
The name of this By-Law, for citation, is the "Animal Control By-Law".
1.2
THAT By-Law No. 1329/2010 of the Rural Municipality of Victoria is hereby repealed.
Definitions
1.3
In this By-Law:
a) "Aggressive dog" means a dog with a known propensity, tendency, or disposition to
attack without provocation other domestic animals or human beings, or a dog which
has bitten another domestic animal or human being without provocation;
b) "Animal Control Officer" means the Animal Control Officer for the Municipality of
Victoria or such other person appointed or hired by contract by the Municipality to
enforce and carry out its provisions, and includes any assistant to the Animal Control
Officer;
c) "Cat" means an animal of the feline species regardless of age or sex;
d) "Municipality" means the Municipality of Victoria;
e) "Communities of Holland and Cypress River" means the area zoned as "General
Development Area" as specified in Zoning By-Law No: 1266/2005 for the
communities of Holland and Cypress River'
f) "Dog" means an animal of the canine species regardless of age or sex;
g) "Domestic cat" means an animal of the feline species regardless of age or sex that
resides in residence with humans without a cage;
h) "Euthanasia" means the methods described in American Veterinary Medical
Association (AVMA) Guidelines on Euthanasia 2007 or an updated version;
i) "Household pet" means a domesticated animal or bird normally kept in a dwelling
and kept for pleasure rather than utility;
j) "Impound" means to take into custody, confine, and hold;
k) "Keep" means to own, possess, or harbor a dog, cat, or other animal;
l) "Kitten" means a member of the feline species which is less than six months old;
m) "Other animal" means any animal except a dog or domestic cat;
n) "Puppy" means a member of the canine species which is less than six months old;
o) "Police officer" means a peace officer or constable employed by the Municipality of
Victoria or by contract with the RCMP;
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p) "Pound" means the location where the Animal Control Officer takes into custody,
confines and holds animals;
q) "Run at large", with reference to a dog, cat or any other animal, means being
elsewhere than on the property of the person who keeps the dog, cat or other
animal, or of a person who has care, custody or control of the dog, cat or other
animal, and not being under the immediate charge and control of a responsible
person.
Schedules
1.4
The schedules attached to this By-Law form part of this By-Law.
Severability
1.5
A decision by a court that any part of this By-Law is illegal, void, or unenforceable
severs that part from this By-Law, and is not to affect the balance of this By-Law.
SECTION 2
GENERAL - HOUSEHOLD PETS
Maximum number of household pets
2.1
Subject to the maximums per species outlines in this By-Law, respecting the number of
animals permitted per household, a person may keep:
a) a maximum of four household pets in a one-family or two-family dwelling;
b) a maximum of three household pets in a multi-family dwelling;
c) the maximums prescribed in subsections (a) and (b) above do not include litters of
puppies or kittens.
2.2
This by-law only applies to pets within the Communities of Holland and Cypress River.
SECTION 3
DOG LICENSES
No keeping of dog without license
3.1
A person must not keep a dog within the communities of Holland and Cypress River that
is older than three months unless such person has acquired a license for the dog from
the Municipality.
Applying for license
3.2
A person who keeps a dog must apply to the Municipality for a license when the person
acquires the dog.
Paying for license
3.3
A person who applies for a license to keep a dog must, when applying, pay the
Municipality the fee specified in Schedule "A" to this By-Law and if paying the reduced
fee for an altered dog, produce a certificate from a veterinarian to verify such alteration.
Waiving license fee
3.4
If the Animal Control Officer is satisfied that a dog has been specially trained to guide or
assist a person who is disabled, and if such a person applies for a license to keep the
dog, no fee is payable under section 3.3.
Wearing dog tag
3.5
A person who keeps a dog must ensure that the dog at all times wears a collar to which
is attached a tag furnished by the Municipality.
No removing of dog tag
3.6
Except with the authority of the person who keeps the dog, a person must not remove
the tag required by section 3.5 from a dog's collar or from elsewhere on the dog's body.
SECTION 4
CONTROL OF DOGS
Controlling a dog/No running at large
4.1
A person who keeps a dog, or a person who has care, custody or control of a dog, must
not permit or allow the dog to be elsewhere than on his or her property unless it is
Page 3
under the immediate charge and control of a responsible person. A person who keeps a
dog must not permit or allow the dog to run at large.
Leashing dogs
4.2
A person who keeps a dog must not permit or allow the dog to be on a street or other
public place unless the dog is under the immediate charge and control of a responsible
person by means of a leash that is not more than 2.5 meters long or another Municipal
By-Law allows the dog to be off-leash under certain circumstances.
Muzzling aggressive dogs
4.3
In addition to complying with section 4.2, a person who keeps an aggressive dog must
not permit or allow the dog to be on a street or other public place or on any other
property that such person does not own or control unless such person has muzzled the
dog to prevent it from biting another animal or a person, except when the dog is
participating in an event sanctioned by the Canadian Kennel Club.
Securing aggressive dogs on private property
4.4
A person who keeps an aggressive dog must, at all times while the dog is on property
owned or controlled by such person, securely confine the dog, either indoors or in an
enclosed pen or other structure capable of preventing the entry of young children and
adequately constructed to prevent the dog from escaping or from biting another animal
or human being.
Limiting number of dogs
4.5
Except for a person licensed under the Municipal License By-Law as a kennel keeper,
any person in a one-family or two-family dwelling, must not keep more than three dogs
at any time, and any person in a multiple-family dwelling must not keep more than two
dogs at any time.
Confining dogs in heat
4.6
A person who keeps a female dog must confine and house the dog during the period it
is in heat.
Vaccination
4.7
A person who keeps a dog must provide proof of current vaccination records.
Confining dogs with communicable diseases
4.8
A person who keeps a dog, and who knows or suspects that the dog has a
communicable disease, must:
1. isolate the dog, during the period such person knows or suspects that the dog has a
communicable disease, in a manner that will prevent further spread of the disease
and in a manner prescribed at law;
2. seek the assistance of a veterinarian; and,
3. follow the orders of such veterinarian, the Animal Control Officer, and any
government officials who have authority to issue such orders.
Clean-up of excrement
4.9
a) If a dog defecates on any property within the Communities of Holland and Cypress
River other than the property of the person who owns or is in possession or control
of the dog, the person who owns or is in possession or control of the dog, shall
remove such feces immediately and in a sanitary manner.
b) Any person who owns or is in possession or control of a dog and occupies property
in the Communities of Holland and Cypress River, shall remove any and all dog feces
from the said property on a regular basis and shall dispose of the feces in a sanitary
manner.
Securing dogs in vehicles
4.10
A person who keeps a dog, or a person who has care, custody or control of a dog, must
not keep the dog in a vehicle unless such person secures the dog in a manner that
prevents the dog from falling or being thrown out of the vehicle.
Barking or howling
4.11
A person who owns or occupies premises must not permit or allow the sound of a
barking or howling dog that a person, not on the same premises, can easily hear and
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that disturbs or tends to disturb unreasonable the quiet, peace, rest, enjoyment, comfort
or convenience of such person.
Upsetting or breaking into refuse container
4.12
A person who keeps a dog, or a person who has care, custody or control of a dog, must
not permit or allow the dog to upset or break into a refuse container on a street or other
public place.
SECTION 5
KEEPING OF DOGS
Giving basic care to dogs
5.1
A person who keeps a dog, or a person who has care, custody or control of a dog, must
give the dog food, water, shelter, and exercise sufficient to maintain the dog in good
health.
Tethering dogs
5.2
A person who keeps a dog, or a person who has care, custody or control of a dog, must
not tie or fasten a dog to a fixed object by using a choke collar or choke chain or by
tying a rope, chain, or cord directly around the dog's neck. Any chain, leash, or similar
device for animal constraint shall be designed to prevent choking or injury to the dog,
and the tethering device shall be at least 4 meters in length and placed on a swivel or
chain run. The tether mentioned in this section shall not permit the dog to be within 3
meters of a sidewalk or street, and shall not be allowed in any front yard.
Enclosing dogs
5.3
A person who keeps a dog, or a person who has care, custody or control of a dog, must
not confine the dog in an enclosure unless the air ventilation, temperature, and size of
the enclosure are sufficient to maintain the dog in good health.
SECTION 6
IMPOUNDMENT OF DOGS
Seizing dogs under this By-Law
6.1
The Animal Control Officer or a police officer may seize a dog:
a) in respect of whom the person who keeps a dog does not have a license;
b) in respect of whom payment of the license fee referred to in section 3.3 is in
arrears;
c) who is not wearing the dog tag referred to in section 3.5;
d) who is on a street or other public place unlawfully including running at large; or
e) who has bitten or who is alleged to have bitten a human being.
Delivering dogs without tags
6.2
If:
a) the Animal Control Officer believes that a dog is not wearing the collar and tag
required under section 3.5;
b) the Animal Control Officer requests the person who keeps the dog, the person who
has care, custody and control of the dog, or a person who occupies the property
where the dog is situated to produce evidence satisfactory to the Animal Control
Officer that the dog has a license; and,
c) the person referred to in clause (b) fails to produce such evidence, the Animal
Control Officer may request delivery of the dog to the Animal Control Officer or to
the pounds, and, immediately upon receipt of that request, the person referred to in
clause (b) must deliver the dog to the Animal Control Officer or the pound.
Impounding dogs
6.3
Promptly upon receiving a dog under section 6.1 or 6.2, the Animal Control Officer must
impound the dog at the pound, except that, if the Animal Control Officer believes the
dog is in need of medical care, the Animal Control Officer may take the dog to, or leave
the dog with, a veterinarian.
Detaining impounded dogs
6.4
The Animal Control Officer may detain for:
a) 72 hours, a dog impounded under section 6.3; and,
b) 21 days, a dog who has bitten or who is alleged to have bitten a human being;
Page 5
after the date and time of impoundment.
Destroying dogs for humane reasons
6.5
Despite section 6.4, if the Animal Control Officer believes that an impounded dog is
suffering from injury, disease, sickness, or other cause which it is unlikely to survive or
from which it is unlikely to recover, and that destroying the dog would be humane, the
Animal Control Officer may destroy the dog immediately.
Caring for dogs
6.6
The Animal Control Officer, as he or she considers necessary and humane, may maintain
or arrange to maintain and care for impounded dogs including the provision of food,
water, and shelter, veterinary care, medication, and safety.
Disposing of dogs
6.7
After expiry of the 72 hours referred to in section 6.4, the Animal Control Officer may
destroy, or sell by auction or private sale, an impounded dog.
Reclaiming dogs
6.8
At any time before destruction or sale of a dog under section 6.7, the person who keeps
the dog may apply to the Animal Control Officer to reclaim the dog, and, when applying
must:
a) give the Animal Control Officer proof of ownership by such person of the dog;
b) pay all outstanding charges and fees under this By-Law that apply to such dog; and,
c) pay all outstanding fines or penalties imposed on such person for breach of this By-
Law.
SECTION 7
KEEPING OF CATS
Giving basic care to cats
7.1
A person who keeps a cat, or a person who has care, custody or control of a cat, must
give the cat food, water, shelter, and an environment sufficient to maintain the cat in
good health.
Enclosing cats
7.2
A person who keeps a cat, or a person who has care, custody or control of a cat, must
not confine the cat in an enclosure unless the air ventilation, temperature, and size of
the enclosure are sufficient to maintain the cat in good health.
No keeping of cats without license
7.3
A person must not keep a cat within the communities of Holland and Cypress River that
is older than one month unless such person has acquired a license for the cat from the
Municipality.
Applying for license
7.4
A person who keeps a cat must apply to the Municipality for a license when the person
acquires the cat.
Paying for license
7.5
A person who applies for a license to keep a cat must, when applying, pay the
Municipality the fee specified in Schedule "A" to this By-Law and if paying the reduced
fee for an altered cat, produce a certificate from a veterinarian to verify such alteration.
Cat identification
7.6
A person must ensure that a cat displays the tag to enable any person finding the cat to
contact the owner.
Clean up of excrement
7.7
a) If a cat defecates on any property within the communities of Holland and Cypress
River other than the property of the person who owns or is in possession or control
of the cat, the person who owns or is in possession or control of the cat, shall
remove such feces immediately and in a sanitary manner.
Page 6
b) Any person who owns or is in possession or control of a cat, and occupies property
in the communities of Holland and Cypress River, shall remove any and all cat feces
from the said property on a regular basis and shall dispose of the feces in a sanitary
manner.
Spay or Neuter of a cat
7.8
a) Any person who owns a cat over six months of age, shall ensure that such cat has
been spayed or neutered, as applicable except cats that are kept for breeding or
show purposes.
Controlling a cat/No running at large
7.9
A person who keeps a cat, or a person who has care, custody or control of a cat, must
not permit or allow the cat to be elsewhere than on his or her property unless it is under
the immediate charge and control of a responsible person. Any cat is not permitted to
run at large.
Limiting number of cats
7.0.1 Except for a person licensed under the Municipality's License By-Law as a kennel keeper,
any person in a one-family or two-family dwelling, must not keep more than three cats
at any time, and any person in a multiple-family dwelling must not keep more than two
cats at any time.
SECTION 8
DISPOSITION SERVICES
Removing carcasses
8.1
If the Animal Control Officer learns that the carcass of an animal is lying on a street or
other public place, the Animal Control Officer may remove the carcass.
SECTION 9
EUTHANASIA
Destroying of an animal
10.1
Any reference to the destroying of a dog, cat or animal will follow the Canadian
Veterinary Medical Association (AVMA) Guidelines on Euthanasia. The principle for a
humane method of killing an animal is a rapid unconsciousness and death, with the least
possible pain and distress accompanying the procedure. The most appropriate method
of euthanasia may vary depending on the circumstances and the animal species.
Euthanasia is not desirable as a sole means of population control, but is a necessary
requirement for unwanted companion dogs, cats or animals. Optimal methods of
euthanasia will be used. Shooting of dogs, cats or animals is considered a humane way
to destroy an animal as it produces immediate unconsciousness prior to death. Shooting
may be the most practical and logical method of euthanasia of wild or free ranging
animals.
SECTION 10
CHARGES AND FEES
Charging for impoundment
10.1
A person who keeps a dog, cat or other animal which the Animal Control Officer has
impounded under this By-Law must pay to the Municipality on demand and before
release of the dog, cat or other animal, with respect to that dog or other animal:
a) the impound fee set out in Schedule A;
b) the daily charge for maintaining the animal set out in Schedule A; and,
c) the costs for veterinary care and medication that may have been incurred by the
Animal Control Officer.
SECTION 11
OFFENCES AND PENALTIES AND ENFORCEMENT
No removing impounded animals
11.1
A person must not remove, or attempt to remove, from the pound an impounded animal
except as allowed under this By-Law.
No interfering with Animal Control Officer
Page 7
11.2
A person must not interfere with, resist, or otherwise obstruct the Animal Control
Officer, or other person authorized under this By-Law, in the performance of his or her
duties.
Offences under By-Law
11.3
A person who:
a) violates any provision of this By-Law, or does any act or thing which violates any
provision of this By-Law, or allows any other person to do any act or thing which
violates any provision of this By-Law;
b) neglects to do or refrains from doing anything required to be done by any provision
of this By-Law; or,
c) allows any other person to fail to comply with an order, direction, or notice given
under any provision of this By-Law;
is guilty of an offence against this By-Law, and liable to the penalties imposed under this
Section.
Fine for offence
11.4
Every person who commits an offence against this By-Law is punishable on conviction
by a fine of not less than $100.00 and not more than $2,000.00 for each offence.
Fine for continuing offence
11.5
Every person who commits an offence of a continuing nature against this By-Law is
liable to a fine not exceeding $100.00 for each day such offence continues.
SECTION 12
REPEAL AND ENACTMENT
Repeal
12.1
This By-Law repeals By-Law No: 1181/1996 as well as Schedule "A" of By-Law
1313/2009 regarding Public Safety.
Force and effect
12.2
This By-Law shall come into force and effect on the date of passing hereof; and,
12.3
This By-law shall not apply to any person, firm or corporation who at the time of this By-
Law coming into force and effect is keeping or harbouring any of the animals set forth in
said By-Law until 60 days have elapsed from the coming into force and effect of this By-
Law.
DONE AND PASSED by the Council of the Rural Municipality of Victoria, in Council duly
assembled this 12th day of May, A.D., 2021.
Rural Municipality of Victoria
"Originally Signed by Deputy Reeve Harold W. Purkess"
Reeve
"Originally Signed by CAO Y. Ivan Bruneau"
Chief Administrative Officer
Read a first time this
14th
day of
April
A.D.
2021.
Read a second time this
14th
day of
April
A.D.
2021.
Read a third time this
12th
day of
May
A.D.
2021.
Page 8
SCHEDULE "A" TO BY-LAW NO: 1431/2021
FEES AND CHARGES
Part 1 - Yearly License Fee
Unaltered male or female dog or cat
$ 50.00
Altered male or female dog
10.00
Altered male or female cat
10.00
Replacement tag for dog or cat
5.00
Transfer Fee
No Charge
Companion dog
No Charge
Failing to obtain valid pet license (first offence)
250.00
Failing to obtain valid pet license (second offence)
750.00
Part 2 - Impound Fees
Impound of licensed dog
$ 30.00
Impound of unlicensed dog
50.00
Impound of licensed cat
30.00
Impound of unlicensed cat
50.00
Impound of licensed aggressive dog
100.00
Impound of unlicensed aggressive dog
100.00
Per kilometer traveled
.50
Part 3 - Maintenance Charges
Maintenance of dog
$ 5.00 per day
Maintenance of aggressive dog
10.00 per day
Maintenance of cat
2.50 per day
Veterinary Fees
Actual Costs