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ANIMAL CONTROL BY-LAW NO.
2258
A by-law of the City of Steinbach to establish regulations for the control of dogs,
cats and other animals.
December 3, 2024 - First Reading
January 21, 2025 - Second and Third Reading
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;
(b)
wild and domestic animals and activities in relation to them ..."
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 City of Steinbach, in public meeting duly
assembled, enacts as follows:
PART 1: INTERPRETATION
1. Name of By-Law
The name of this by-law, for citation, is the "Animal Control By-Law".
2. Definitions
In this by-law:
2.1.
"aggressive dog" means a dog with a demonstrated propensity,
tendency, history, 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.
2.2.
"animal control officer" means the Animal Control Officer of the City
or such other person appointed or hired under contract by the City to
enforce and carry out its provisions, and includes any assistant to the
Animal Control Officer.
2.3.
"cat" means an animal of the feline species regardless of age or sex.
2.4.
"City" means the City of Steinbach.
2.5.
"dog" means an animal of the canine species regardless of age or
sex.
2.6.
"household pet" means a domesticated animal or bird normally kept
in a dwelling and kept for pleasure rather than utility.
2.7.
"impound" means to take into custody, confine, and hold.
2.8.
"keep" means to own, possess, or harbour a dog, cat, or other animal.
2.9.
"multi- unit residential structure" means a structure that contains
three or more separate dwelling units as defined under the City Zoning
By-Law.
2.10. "off leash area" means an area that has been designated by the City
Manager or a City Manager Designate as an area in which dogs are
not required to be restrained by leashes.
2.11. "other animal" means any animal except a domestic dog or domestic
cat.
2.12. "owner", in respect of an animal, means a person, including a
corporation that:
has been identified on the animal's license as the owner of the
animal;
has legal title to the animal;
has possession or custody of the animal, whether temporarily or
permanently; or
allows the animal to remain on their premises.
2.13. "police officer" means a peace officer or constable employed by the
City of Steinbach or an agency hired under contract by the City of
Steinbach to provide law enforcement services.
2.14. "pound" means any premises where dogs and cats are confined in
accordance with the provisions of the Act or this by-law.
2.15. "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.
2.16. "wildlife" means any wild animal including rodents, rabbits, racoons,
skunks, birds or squirrels and other wildlife as defined in The Wildlife
Act.
3. Schedules
The schedules attached to this by-law form part of this by-law.
4. Severability
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.
PART:2 GENERAL PROVISIONS
5. Maximum number of household pets
Respecting the number of household pets permitted per household, a person
may keep:
5.1.
a maximum of four household pets in a one-unit or two-unit residential
structure with no more than three of those being dogs or cats.
5.2.
a maximum of three household pets in a multi-unit residential structure
with no more than two of those being dogs or cats;
5.3.
the maximums prescribed in subsections (a) and (b) above do not
include litters of dogs or cats under the age of six months.
6. Clean-up of Excrement (dogs and cats)
6.1.
If a dog or cat defecates on any property within the City other than on
property owned or occupied by the person who owns or is in
possession or control of the dog, or cat, the person who owns or is in
possession or control of the dog, or cat, shall remove such feces
immediately and in a sanitary manner.
6.2.
Any person who owns or is in possession or control of a dog, or cat,
and occupies property in the City shall;
remove all dog, or cat feces from said property on a daily basis and
shall dispose of the feces in a sanitary manner;
7. Control of a dog, cat or other animal/ No running at large
No dog, cat or other animal is permitted to run at large in the City of Steinbach. A
person who keeps a dog, cat or other animal, may not permit or allow the dog,
cat or other animal to be elsewhere than on their property unless it is under the
immediate charge and control of a responsible person.
8. Seizing dogs, cats, or household pets under this by-law
8.1.
The Animal Control Officer, a peace officer, or a police officer may
seize and impound an animal that is or is found to be kept in a manner
that contravenes the provisions contained in this by-law and:
where no action to remedy any contravention(s) is taken within 14
days of an owner or keeper of an animal being notified of by-law
contravention(s); or,
where three or more penalty fines have been issued for the same
contravention regarding that animal.
8.1.1 Penalty fines or any other written communications issued by the
City to an owner or keeper of an animal that outline a contravention
of this by-law that has occurred are acceptable forms of notification
of a by-law contravention.
8.2.
Where an animal is determined by an Animal Control Officer to be an
aggressive dog, a prohibited dog, or a prohibited animal that is a threat
to public safety and where the animal cannot be securely confined on
private property by its keeper or owner, an Animal Control Officer, a
peace officer, or a police officer may immediately seize and impound
the animal.
8.3.
Where a dog, cat or household pet is found to be running at large, an
Animal Control Officer, a peace officer, or a police officer may
immediately seize and impound the dog, cat or household pet.
8.4.
Removal of wildlife from private property is the sole responsibility of the
property owner. The City or its agents shall not trap, seize or impound
wildlife unless it is causing a nuisance on City owned property.
9. Impounding dogs, cats or other animals
Promptly upon receiving a dog, cat or household pet under section 8, the Animal
Control Officer must impound the dog, cat or household pet at the pound, except
that, if the Animal Control Officer believes the dog, cat or household pet is in
need of medical care, the Animal Control Officer may take the dog, cat or
household pet to, or leave the dog, cat or household pet with, a veterinarian.
9.1.
Detaining impounded dogs, cats, or other animals: The Animal
Control Officer may detain for:
72 hours, a dog, cat or other animal impounded under section 9;
and
21 days, a dog, cat or other animal that has bitten or that is alleged
to have bitten a human being.
9.2.
Destruction of impounded dogs, cats, or other animals for
humane reasons: Despite section 9.1, if the Animal Control Officer
believes that an impounded dog, cat or other animal is suffering from
injury, disease, sickness, or other cause from which it is unlikely to
survive or recover, and that destroying the dog, cat or other animal
would be humane, the Animal Control Officer may destroy the dog, cat
or other animal immediately without delay.
9.3.
Caring for impounded dogs, cats, or other animals: The Animal
Control Officer may provide maintenance and care for impounded
dogs, cats or other animals including the provision of food, water,
shelter, veterinary care and medication that they consider necessary.
9.4.
Disposing of impounded dogs, cats, or other animals: After 72
hours of impoundment, the Animal Control Officer may rehome, sell by
auction or private sale, or destroy an impounded dog, cat or other
animal if no owner or keeper of the impounded animal makes a
legitimate claim for the animal and that animal is not prohibited by this
by-law.
9.5.
Reclaiming impounded dogs, cats, or household pets: At any time
before disposal of a dog, cat or household pet under section 9.4, the
owner of the dog, cat or household pet may apply to the Animal
Control Officer to reclaim the dog, cat or household pet, and, when
applying, must:
give the Animal Control Officer proof of ownership by such person
of the dog, cat or household pet;
pay all outstanding charges and fees under this by-law that apply to
such dog, cat or household pet; and
pay all outstanding fines or penalties imposed on such person for
contraventions of this by-law.
9.6.
Fees and Charges for impoundment: A person who owns or keeps a
dog, cat or other animal which the Animal Control Officer has
impounded under this by-law must pay on demand and before release
of the dog, cat or other animal, with respect to that dog, cat or other
animal:
the impound fee set out in the City Fee Schedule posted on the City
Website;
the daily charge for maintaining the dog, cat or other animal set out
in the City Fee Schedule posted on the City Website; and
the costs for veterinary care and medication that may have been
incurred by the Animal Control Officer.
9.7.
No removing impounded animals: A person must not remove, or
attempt to remove, from the pound an impounded dog, cat or other
animal except as allowed under this by-law.
10. Giving basic care to animals
A person who keeps or owns a dog, cat or household pet, must provide the
animal with food, water, shelter, exercise and an environment that sufficiently
maintains the animal in good health.
PART 3: DOGS
11. Dog Licenses
A person may not keep a dog within the City that is older than six months unless
such person has acquired a license for the dog from the City.
11.1. Paying for license: A person who applies for a license to keep a dog
must, when applying, pay the City the fee specified in the City fee
schedule which is posted on the City website. If paying the reduced fee
for an altered dog, a person must produce a certificate from a
veterinarian to verify such alteration.
11.2. Waiving license fee: 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
dog license fee is payable.
11.3. Wearing dog tag: A person who keeps a dog must ensure that the
dog wears a collar to which is attached a tag furnished by the City
when the dog is not on the owner's property.
11.4. No removing of dog tag: Except with the authority of the person who
keeps the dog, a person must not remove the tag required by section
11.3 from a dog's collar or from elsewhere on the dog's body.
12. Leashing dogs, Keeping dogs outdoors
12.1. 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 m long or within a fenced area designated as an off
leash area by the City.
12.2. A person who keeps a dog must not permit or allow a dog to be
leashed or tethered in such a manner that the dog can be within 3
meters (10 feet) of a sidewalk or street.
12.3. A person who keeps a dog must not permit or allow a dog to be
leashed or tethered in the front yard of any residential property.
12.4. A person who keeps a dog must ensure that it is being actively
supervised at all times by a responsible person who is capable of
controlling the dog when it is outdoors on the owner's property or on
the property of another person who has consented to the presence of
the dog.
13. Aggressive dogs
13.1. The City Manager, a City Manager Designate or an Animal Control
Officer may designate a dog as an Aggressive Dog at their discretion.
13.2. Muzzling aggressive dogs: In addition to complying with section 12,
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.
13.3. Securing aggressive dogs on private property: 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.
14. Confining dogs in heat
A person who keeps a female dog must confine and house the dog during the
period(s) it is in heat.
15. Confining dogs with communicable diseases
A person who keeps a dog, and who knows or suspects that the dog has a
communicable disease, must:
15.1. 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;
15.2. seek the assistance of a veterinarian; and
15.3. follow the orders of such veterinarian, the Animal Control Officer, and
any government officials who have authority to issue such orders.
16. Barking or howling
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 that disturbs or tends to disturb unreasonably the quiet, peace, rest,
enjoyment, comfort or convenience of such person.
17. Damage caused by dog(s)
17.1. A person who keeps a dog, or a person who has care, custody or
control of a dog, may not permit or allow the dog to upset or break into
a refuse container on a street or other public place.
17.2. A person who keeps a dog must ensure that the dog does not damage
public or private property belonging to someone other than the owner.
18. Dog parks designated as off-leash areas
When a dog is in an off-leash area, the owner of a dog must:
a) be present and have the dog within view at all times;
b) ensure that the dog is not in heat and that it does not act in a dangerous
or aggressive manner towards humans or other dogs;
c) ensure that the dog has current rabies vaccinations prior to entry of the
park;
d) remove the dog from the off-leash area immediately if the dog is in heat or
acts in a dangerous or aggressive manner towards humans or other dogs;
e) ensure that the dog comes when called;
f) have a leash available to restrain the dog if needed;
g) remedy any harm caused by the dog, including filling in holes dug by the
dog; and
h) immediately remove and properly dispose of any excrement left by the
dog.
19. Prohibited dog breeds
19.1. Subject to this section, no person may bring into the City of Steinbach
or being its owner, allow to be in the City of Steinbach, a dog which
has the appearance and physical characteristics predominantly
conforming to the standards of the Canadian Kennel Club or the United
Kennel Club for any of the following breeds:
Pit Bull Terrier;
American Pit Bull Terrier;
Staffordshire Bull Terrier;
American Staffordshire Terrier.
19.2. The owner of a dog is entitled to obtain a written opinion from an
approved veterinarian actively practicing at a clinic located within the
City of Steinbach as to whether a dog meets the criteria established in
section 19.1. Veterinarians engaged for the purpose of determining
breeds must be approved by an Animal Control Officer appointed by
the City of Steinbach, the City Manager, or a City Manager Designate.
Where the veterinarian concludes that a dog does not meet the criteria
established under section 19.1, such a statement is conclusive proof
that the dog is not prohibited under section 19.1 and no prosecution or
enforcement action under section 19.1 may be undertaken with respect
to the dog.
19.3. Notwithstanding section 19.1, the City Manager or City Manager
Designate is authorized to issue a special permit authorizing a dog
prohibited by that subsection to be in the City of Steinbach for a
temporary period of time and may impose any conditions on the permit
he or she considers sufficient to protect individuals and animals from
any harm caused by the dog.
PART 4: CATS
20. Spay or Neuter of a Cat
The owner or keeper of a cat over six months of age, shall ensure that such cat
has been spayed or neutered, as applicable.
21. Cat Identification
The owner of a cat must ensure that any cat(s) that they keep bear sufficient
identification to enable any person finding the cat to contact the owner.
PART 5: REGULATION OF OTHER ANIMALS
22. Prohibition against keeping certain animals
22.1. Prohibited Domestic Animals: A person must not keep in the City,
temporarily or permanently, any horses, donkeys, cattle, swine, sheep,
goats, ducks, geese, turkeys, chickens, roosters, pheasants, quail, or
other fowl except as permitted by the City Zoning By-Law on lands
where Agricultural Uses are permitted.
22.2. Prohibited exotic or wild animals: A person may not keep in the
City, temporarily or permanently, any animal listed in Schedule B to
this by-law.
22.3. Exceptions to prohibitions: The prohibitions set out in sections 22.1
and 22.2 do not apply to:
a veterinary hospital under the control of a veterinarian registered
as a member of the Manitoba Veterinary Medical Association;
premises operated by an institution of education for research,
study, or teaching purposes;
premises operated by the RCMP; and
the pound.
PART 6: DISPOSITION SERVICES
Removing carcasses
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.
PART 7: PENALTIES AND ENFORCEMENT
23. No interfering with Animal Control Officer
A person must not interfere with, resist, withhold information regarding animals
that are or have been in contravention of the by-law or otherwise obstruct the
Animal Control Officer, or other person authorized under this by-law, in the
performance of his or her duties.
24. Penalties
24.1. Subject to the Administrative Penalty By-Law, or a by-law implemented
under the authority of the Provincial Offences Act, any person who
contravenes or disobeys, or refuses or neglects to obey any
provision(s) of this by-law is guilty of an offence and is liable to the
fines listed in Schedule "A".
24.2. Where a corporation commits an offense against this by-law, each
person who is authorized, or consented to, connived at, or knowingly
permitted or acquiesced in, the doing of the act that constitutes
offence, is likewise guilty of the offense and liable to the penalty for
which provision is made in section 24.1.
24.3. Where the contravention, refusal, neglect, omission, or failure,
continues for more than one day, the guilty person is liable to a
separate offense for each day it continues.
24.4. The costs (including legal fees related to the enforcement) of an action
or measure taken by the City under this by-law are an amount owing to
the City by the person who contravened the by-law, The Municipal Act,
The Planning Act, or any other Act the City is authorized to enforce.
24.5. In addition to all other rights of collection which the City may have at
law, such amounts may be collected by the City in the same manner
as a tax may be collected or enforced under The Municipal Act.
25. Inspection
25.1. An Animal Control Officer or City Manager Designate may enter
land/property, buildings or structures at any reasonable time to carry
out an inspection, enforcement or action, or request that anything be
produced to assist in the inspection, remedy, enforcement or action
taken.
25.2. An Animal Control Officer or City Manager Designate must display or
produce upon request identification showing that they are authorized to
make the entry.
25.3. An Animal Control Officer or City Manager Designate may take written
notes of any violations that may exist, and may take photographic
evidence, which will be kept on file.
25.4. An Animal Control Officer or City Manager Designate may conduct any
further inspections necessary to determine whether the actions or
measures set out in a Notice of Contravention or an Order to Remedy
a Contravention have been taken to remedy the contravention or
situation, or to prevent a reoccurrence of the contravention.
25.5. It shall be an Animal Control Officer or City Manager Designates
opinion and discretion whether a Notice of Contravention or Order to
Remedy a Contravention have been complied with.
PART 8: REPEAL AND ENACTMENT
The following by-laws are hereby repealed:
Animal Control By-Law No. 1892 (2010)
Pit Bull regulation By-Law No. 1307 (1991)
DONE AND PASSED in Council duly assembled this 21st day of January, 2025.
_____________________________
Mayor
_____________________________
City Manager
SCHEDULE "A" PENALTY FINES
Animal Control By-Law No. 2258
Provision Contravention
Administrative
Penalty ($)
Early
Payment
Discount
($)
s. 5
Exceed restriction on maximum number of dogs, cats
or other animals
100
50
s. 6
Fail to remove cat or dog excrement
100
50
s. 7
Fail to prevent animal from running at large
200
100
s. 11
No dog license, or no dog license on dog
100
50
s. 12
Fail to keep dog on required leash
100
50
s. 13
Fail to ensure aggressive or dangerous dog remains on
owner's property unless muzzled and restrained
400
200
s. 14
Fail to confine dog in heat
100
50
s. 16
Fail to prevent dog from barking, howling or unduly
disturbing others
100
50
s.18
Fail to comply with off-leash area provisions
200
100
s. 19, 22
Keep or harbour a prohibited breed of dog or other
prohibited animal in Steinbach
100
50
s. 20
Fail to spay or neuter a cat
200
100
All other by-law contraventions as set out in Animal
Control By-Law No. 2258 and any future amendments
or successive by-laws.
100
50
SCHEDULE "B" PROHIBITED ANIMALS:
1. All dogs, other than domesticated dogs (Canis Familiaris), including, but not
limited to, wolf, fox, coyote, hyaena, dingo, jackal, raccoon dog, bush dog,
and any hybrid offspring of a wild dog and domesticated dog.
2. All cats other than domesticated cats (Felus catus), including, but not limited
to, lion, tiger, leopard, ocelot, jaguar, puma, panther, mountain lion, cheetah,
wild cat, cougar, bobcat, lynx, serval, and any hybrid offspring of a wild cat
and domesticated cat.
3. All bears, including polar, grizzly, brown and black bear.
4. Crocodilians including alligators and crocodiles
5. Reptiles and snakes classified as venomous, whether or not they have venom
glands.
6. All snakes of the families Pythonidae and Boidae.
7. Green anaconda (Eunectes murinus), yellow anaconda (Eunectes notaeus),
reticulated python (python reticulates), African rock python (python sebae),
Burmese python (python molurus bivittatus), Indian python (python molurus
molurus), or amethyst python (morelia amethystina)
8. Any snake or species or subspecies of a snake that can reach an adult length
greater than three meters, whether the particular snake exceeds that length
or not.
9. Any lizard of a species or subspecies of a lizard that can reach an adult
length greater than two meters, whether the particular lizard exceeds that
length or not.
10. All venomous or poisonous animals.
11. Any animal defined as wildlife in The Wildlife Act