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BY LAW NO.1/16
Being a By-Law to provide for the regulation and control
of animals within the limits of the Town of Teulon
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;
...
(k) wild and domestic animals and activities in relation to them,
including by-laws differentiating on the basis of sex, breed,
size or weight;
...
(o) the enforcement of by-laws.
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;
...
(f) except where a right of appeal is already provided in this or
any other Act, provide for an appeal and the body that is to
decide the appeal, and related matters.
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,
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(iii) providing that an amount owing under
subclause (ii) may be collected in any
manner in which a tax may be collected
or enforced under this Act,
(iv) seizing, removing, impounding,
confiscating and selling or otherwise
disposing of plants, animals, vehicles, or
other things related to a contravention,
(v) charging and collecting costs incurred in
respect of acting under subclause (iv),
(vi) imposing a sentence of imprisonment for
not more than six months for the
commission of offenses or nonpayment
of fines.
AND WHEREAS 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.
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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" means a dog, cat or domestic pet which has bitten a
person or the Animal Control Officer has reason to believe has bitten a person.
"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.
"CAO" means the Chief Administrative Officer of the Town of Teulon.
"cat" means any member of the genus Felis domesticus (domestic cat).
"Council" means the council of the Town of Teulon.
"current rabies vaccination" means that the dog or cat has been vaccinated
for rabies in accordance with international veterinary protocol which calls for a
primary vaccination, which is then followed with a booster vaccination not
sooner than 60 days and not greater than one year after the primary
vaccination, and is then subsequently vaccinated at regular intervals not
exceeding three years.
"dangerous animal" means any dog, cat or any other animal that has on at
least one occasion, 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).
"Dog Run" means an enclosure as defined herein and applies as provided for
under Section 7 of this By-law.
"domestic pet" means any animal other than a dog or cat that has been
domesticated and is kept or harboured within the Town.
"enclosure" means an area surrounded on all sides by a wall or fence which
prevents the cat, dog, domestic pet, livestock or restricted animal from leaving
the area at its own will.
"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
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(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.
"Notice of Breach of By-Law" means a notice issued pursuant to section 3(f)
of this By-Law in the form attached hereto as Schedule B.
"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.
"owner's premises" means the lands either solely or jointly owned with
others.
"person" includes an individual, partnership, firm and/or corporation.
"personal residence" means the structure or building within which an
individual resides, but it shall not include the lands surrounding such buildings
or structure nor any out buildings.
"pound" means any enclosure, premises or place, whether within or outside
the Town, designated by Council for the impoundment and care of any animal
for the purposes of enforcing any provision of this By-Law.
"Pound keeper" 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 Pound keeper as set out in Section 4 of this By-Law.
"residential kennel" means any building, structure, enclosure or premises
located in a
residential zone whereupon, or within which up to three (3) dogs, six (6)
months of age or older, are kept or maintained
"restricted animal" means:
(a)
any member of the order Primate except a human being;
(b)
any member of the order Carnivora except dogs, cats and
domestic ferrets (mustela putorius furo), but including all
hybrids of dogs and cats;
(c)
any member of the order Crocodylia;
(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.
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"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.
"Town" means the Town of Teulon
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 Town shall be paid out of the general funds of the Town.
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 Town.
Appointment of Pound keeper
2(3)
Council may appoint one or more persons as Pound keeper(s) to carry out the
duties of the Pound keeper set out in this By-Law. The Pound keeper(s) so
appointed may be appointed on a temporary or permanent basis, and shall be
paid out of the general funds of the Town.
Common Animal Control Officer and Pound keeper
2(4)
At the discretion of Council, the Animal Control Officer may also serve as
Pound keeper, and vice versa.
Duties of the Animal Control Officer
3.
It shall be the duties of the Animal Control Officer:
(a)
to apprehend and return to the owner or confine at the pound,
any animal running at large within the Town contrary to the
provisions of this By-Law.
(b)
to apprehend and confine any restricted animal being kept or
harboured by, or in the possession or control of, any person
contrary to the provisions of this By-Law, or running at large,
within the Town.
(c)
to ensure that any restricted animal kept or harboured within the
Town is properly licensed by the Town, and to apprehend and
confine any such restricted animal that is not properly licensed.
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(d)
to apprehend and return to the owner or confine any dog, cat or
any other domestic pet which is running at large within the
Town contrary to the provisions of this By-Law, or apprehend
and confine any dog, cat or any other domestic pet 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.
(e)
to make reasonable attempt to notify the owner of every animal
apprehended and if the identity of the owner is known, by direct
contact with the owner or by leaving a notice at the last known
address of the owner, which notice shall be in the form set out
in Schedule C hereto attached and shall state the place and
time that the animal was apprehended, the place and time
when the animal can be redeemed from the pound, the
impoundment fee and any daily pound fees as set out in
Schedule "A" hereto attached, license fees and other costs or
fines to be charged to the owner, the method of payment
required, and the date after which the animal will be sold,
destroyed or otherwise disposed of if not redeemed. Where the
identity of the owner of the animal is not known, the Animal
Control Officer shall post in the general office of the Town and
at a minimum of three (3) public locations, a notice describing
the animal, the date of apprehension and the date after which
the animal will be sold, destroyed or otherwise disposed of.
(f)
to issue a Notice of Breach of this By-Law in the form set out in
Schedule B hereto attached against any person that has
committed an offense under this By-Law. A Notice of Breach of
this By-Law may be served upon the person who has breached
the By-Law personally or upon a person eighteen (18) years of
age and older at the residence of the person who has breached
the By-Law, or may be served by registered mail addressed to
the last known address of such person. The Animal Control
Officer may lawfully enter upon the premises of any such
person to serve a Notice of Breach of this By-Law.
(g)
The Animal Control Officer or Pound keeper may, for the
purpose of capturing any animal found to be running at large
within the Town, retain the services of a licensed veterinarian to
use a tranquilizer gun to assist in the capture of the said animal.
(h)
to enforce the provisions of this By-Law.
Duties of Pound keeper
4.
It shall be the duties of the Pound keeper:
(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 Pound keeper.
(c)
To keep a record of every animal impounded, which record
shall include the following minimum information:
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(i)
a description in reasonable detail of the animal
(including, the approximate weight, height and color of
the animal, as well as the order and breed of the animal)
and a description in reasonable detail of the location the
animal was apprehended by the Animal Control Officer
(to include the street and nearest civic address);
(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 payer (if
different from the owner); and
(vi)
such other particulars as the CAO of the Town 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 Town, together with
such reports and statements as the said CAO may prescribe
from time to time, except where the Municipality has entered
into a contract with a private party for the operation of the
pound, in which case the Pound keeper shall observe all terms
and conditions of the contract with the Town 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 Town, and the submission of all reports
and statements required to be submitted to the Town under the
said contract.
(e)
To keep any impounded dog, cat or any other animal which is,
to the knowledge of the Pound keeper a domestic pet, for a
minimum period of five (5) 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.
(f)
To make suitable arrangements for the impoundment and sale,
disposition or destruction of any animal other than a dog, cat or
domestic pet that is apprehended within the Town, 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 Pound keeper 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 Town or by the
Pound keeper on the express authority of the Town; or
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(ii)
cause the impounded animal to be humanely destroyed;
unless the Town, or the Pound keeper on the express authority
of the Town, 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.
PART IV: DOGS, CATS AND OTHER DOMESTIC PETS
Licencing of dogs
5(1)
The owner of every dog over the age of six (6) months shall obtain and renew
annually, a licence to keep the dog, which licence shall require the payment of
the annual fee as set out in Schedule A hereto attached. The owner shall
ensure that the licence tag issued for the dog is securely fastened to a collar
worn around the neck of the dog in respect of which the tag was issued. Any
failure to obtain or keep current the required licence or to ensure that the
licence tag issued for the dog is securely fastened to the dog's collar shall
constitute an offence under this By-Law.
5(2)
The required dog licence may be sold by the Poundkeeper, the CAO of the
Town, by any veterinary clinic or animal hospital within the Town which is
designated by the Council as a veterinary clinic or animal hospital eligible as a
vendor of such licences or by any other vendor designated by the Town.
5(3)
No person shall be permitted to remove the collar or licence tag from any dog
without a lawful excuse, and any removal without lawful excuse shall constitute
an offence under this By-Law.
5(4)
The licence fee hereby imposed shall be due and payable on the 1st day of
January in each year and payable on or before the 31st day of March and shall
expire on the 31st day of December in the year in which the licence fee was
levied and paid.
5(5)
Where the licence tag is lost or damaged, the owner shall forthwith apply for a
replacement licence tag, the cost of which is set out in Schedule A hereto
attached.
5(6)
Where a change in ownership of a dog licenced hereunder occurs during the
license year, the new owner shall, within thirty (30) days of acquiring the dog,
have the current license transferred to his name upon payment of the transfer
fee prescribed in Schedule A hereto attached. Any failure to report a change
in ownership or to pay the prescribed transfer fee shall constitute an offense
under this By-Law.
5(7)
Subsections 5(1), (2), (3), (4) and (5) shall not apply to;
i)
non-residents of the Town who bring a dog on a temporary visit into the
Town, or;
ii)
a dog of a non-resident that is being kept on a temporary basis by a
resident of Town
provided however, that nothing in this Subsection 5(7) shall authorize any
person to bring a dog into the Town that is a dangerous animal or is vicious, in
heat, rabid or otherwise a risk to the public or to other animals within the Town,
nor does it authorize any person to allow the dog to run at large or otherwise
create a nuisance within the Town.
5(8)
Subject to Subsection 5(9) hereof, every dog owner must produce, before a
licence is issued or renewed for the dog, evidence of a current rabies
vaccination status for that dog from a licenced veterinarian.
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5(9)
A dog owner does not have to produce evidence of a current rabies
vaccination status in order to obtain or renew a licence in respect of his dog if
he can produce a statement in writing signed by a licenced veterinarian
certifying that the dog cannot be vaccinated for rabies for medical reasons.
Rabies Vaccination
6(1)
Except where Subsection 5(9) applies, the Animal Control Officer may at any
time request that an owner provide proof that the owner's dog has a current
rabies vaccination status and, if the owner cannot produce such proof, the
Animal Control Officer may terminate the owner's dog licence. The Animal
Control Officer may apprehend and impound the dog and may issue a Notice
of Breach of this By-Law to the owner.
Responsibility of Owners Regarding Dogs/Cats
7(1)
No owner shall:
(a)
permit his dog or cat to run at large. When a dog or cat 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 his dog or cat to howl or in any other
way unduly disturb the quiet of any person or persons
anywhere in the Town.
(c)
permit his dog or cat or any other animal to defecate on any
public or private property other than the property of its owner.
Where a dog or cat defecates on property other than the
property of its owner, the owner shall cause such excrement to
be removed forthwith.
(d)
permit his dog or cat to defecate on his property in a manner
which constitutes an environmental or health hazard or a
nuisance for neighbors.
(e)
permit his dog or cat to damage public property or private
property other than that of the owner. Where public or private
property has been damaged by a dog or cat, its owner shall be
deemed to have failed or refused to comply with this
subsection.
(f)
own, keep, harbour or has possession or control of any dog
(other than a dog that is under the age of six months) for which
a valid licence has not been issued.
(g)
own, keep, harbour or have possession or control of any dog or
cat determined to be a dangerous animal, unless such dog or
cat is kept at all times in accordance with the provisions of Part
V.
(h)
permit his dog or cat to pursue, bite or wound any person or
animal, whether or not on the property of the owner.
(i)
permit his dog or cat on any school ground or playground.
(j)
permit his dog or cat on public property (including parkland
area) unless the dog or cat is on a leash (which leash shall be
no longer than six (6) feet in length, fully extended) and the dog
or cat is in the actual custody and effective control of the owner
or a person competent to control it, unless the said public
property has been specifically designated by Council as land
upon which dogs or cats are not required to be on a leash.
(k)
permit his dog or cat to upset waste receptacles or otherwise
litter.
7(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 7(1)(c) and (i).
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7(3)
Dog Runs shall be permitted in the side and rear yard only and shall be
constructed with a solid non-see through material on the sides which
face/adjoin the neighboring property lines. In the side yard, dog runs may be
constructed to the property line. In the rear yard, dog runs may not be
constructed within two (2) feet of the property line. Failure to comply with the
requirements of this Section respecting the location and construction of a dog
run shall constitute an offence under this By-Law.
Redemption
8.
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 five
(5) days of the apprehension and impoundment, which shall include the day of
impoundment but shall exclude Sundays and any statutory holidays during
which the pound is closed to the public, by applying to the Pound keeper for
redemption and paying:
(a)
the impoundment fee as set out in Schedule A;
(b)
the pound fee calculated in accordance with Schedule A;
(c)
in the event that the impounded animal is a dog that is
unlicenced at the time of apprehension, the relevant licence fee;
and
(d)
all outstanding fines, damages or costs relating to the
impounded animal.
Restrictions on Domestic Pets
9(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 Town unless such person has been issued a
permit by the Town under Section 16 of this By-Law, and also holds all other
government licences as may be required, to keep or harbour the animal within
the Town.
Dogs
9(2)
Subject to Subsection 9(3) and the provisions of Section 7, the owner of a dog
shall not permit the dog to be outside of the owner's premises unless: (a) the
dog has a collar which has securely fastened to it a proper licence tag that
identifies a valid licence in respect of that dog; (b) the dog is on a leash that is
less than six (6) feet in length fully extended; and (c) the dog is under the
immediate charge and effective control of a person competent to control it.
9(3)
A female dog in heat shall be confined to the premises of the owner or a
person having control of the dog 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
9(4)
A female cat in heat shall be confined to the premises of the owner or a person
having control of the cat for the period of time that the cat is in heat. The said
cat's confinement shall be in such a manner as to prevent any contact
between the cat in heat and any other cat except other cats owned by the
same owner or by another owner who voluntarily permits such contact.
Cat Trap
9(5)
Any person who wishes to obtain a trap from the Pound keeper or the Animal
Control Officer to apprehend a cat running at large shall:
a) provide to the Pound keeper or the Animal Control Officer, as applicable,
his or her name, address and telephone number(s);
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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 Pound keeper or the 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.
Maximum Number of Dogs or Cats
10(1)
(a) No person shall own, harbour, keep or have in his possession or control or on
his premises, more than two (2) dogs over the age of six (6) months,
regardless of the number of people who inhabit the premises, unless approved
with a Kennel Permit.
(b) No person shall own, harbour, keep or have in his possession or control or on
his premises, more than three (3) cats over the age of six (6) months,
regardless of the number of people who may be inhabiting the premises,
unless approved with a Kennel Permit.
Residential Kennels
10 (2)
(a) No person shall operate or maintain a Residential Kennel without first obtaining
the appropriate permit from the Town of Teulon by Council Resolution. Such
permit shall be valid for a period of either one (1) year from the date of issuance.
Said permit shall be renewed within thirty (30) days after the date of expiration.
Failure to renew said permit shall require the permit to be reapplied for. The
Residential Kennel permit fees shall be set forth by Schedule A of this By-Law.
(b) As a condition of the issuance of a Residential Kennel permit, each owner and
operator of a Residential Kennel shall agree to allow such entry and inspection,
and such agreement shall be made a part of the permit. Such inspections shall be
made during reasonable hours at times when the owner or operator of the
Residential Kennel is present on the Residential Kennel premises, and with such
frequency as the Animal Control Officer shall deem appropriate, and such
inspections may, at the discretion of the Animal Control Officer, be made without
prior notice to the owner or operator of the subject Residential Kennel. Willful
refusal on the part of a Residential Kennel owner or operator to allow such
inspection shall be grounds for summary denial of a permit for a Residential
Kennel.
PART V: DANGEROUS ANIMALS
Animal Bites
11(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.
- 12 -
11(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.
11(3) Any aggressor animal so apprehended and impounded at the pound shall,
subject to subsection 11(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").
11(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 licenced
veterinarian and that the aggressor animal must remain at such place at the
owner's expense for the quarantine period.
11(5) Subject to a determination by the Animal Control Officer pursuant to
Subsection 11(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 Pound keeper
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 Pound keeper.
11(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.
11(7) The head of any aggressor animal quarantined for biting that dies while
quarantined and prior to the veterinary examination required pursuant to
Subsection 11(8) hereof, shall be submitted to the Canadian Food Inspection
Agency for rabies examination.
11(8) Every aggressor animal shall be examined by a licenced 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 licenced 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 13 hereof have been complied with;
(e)
whether or not the aggressor animal is a restricted animal, and if yes,
whether or not the provisions of Part VII hereof have been complied
with by the owner; and
(f)
proof that the aggressor animal does not have rabies, and that the
aggressor animal has a current rabies vaccination status at the date of
the bite incident.
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11(9) Notwithstanding the provisions of Subsection 11(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 licence 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
12(1) Where the Animal Control Officer has reason to believe that an animal,
including but not limited to an aggressor animal under Section 11 is a
dangerous animal, he shall arrange a hearing before Council at a regularly
scheduled meeting of Council at which the Animal Control Officer shall present
his recommendations. The hearing shall determine whether or not the said
animal should be declared a dangerous animal. The declaration shall
constitute a final order in respect of which there is no appeal.
12(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 11(9) 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.
12(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 in a form set
out in Schedule D 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 or cat, the Animal Control Officer shall be
entitled to mail the said notice to the last address provided by the owner to the
Town in relation to the said dog or cat. 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 12 of the By-Law; and
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(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.
12(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 12, 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 12(3) hereof.
12(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
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.
12(6) The Council shall deliver a copy of their decision to the owner in the manner
provided in Subsection 12(3). There shall be no obligation upon Council to
issue written reasons for their decision.
12(7) The decision of the Council to destroy an animal declared a Dangerous Animal
may be appealed to the Court of Queen's Bench within fourteen (14) days of
the date that the owner was provided notice in the manner of subsection 12(3).
The animal shall remain quarantined in the pound pending the outcome of the
hearing.
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12(8) In the event that a dog is declared by Council to be a dangerous animal, any
licence 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.
12(9) Where a license is deemed to have been cancelled pursuant to Subsection
12(8) hereof, the owner shall be entitled to a credit or refund on any paid-up
licence fee, calculated on a quarterly pro rata basis. The Town may set-off
against any such refund, any fines, fees or costs owing by the owner under
this By-Law.
12(10) Every owner who has received notification from Council pursuant to
Subsection 12(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.
12(11) Subsection 12(10) shall not apply if the animal is impounded or the Animal
Control Officer receives written confirmation from a licenced veterinarian that
the animal has been placed in quarantine pending outcome of the hearing.
Consequences of dangerous animal declaration
13(1) Council shall determine whether the dangerous animal should be destroyed or
released to the owner subject to the conditions set out in Subsection 13(2).
The decision of Council shall be final and not subject to appeal.
(2) Every owner of an animal that has been declared to be dangerous and in
respect of which Council has decided to release the dangerous animal to its
owner, shall:
(a)
in the event that the dangerous animal is a dog , obtain a
dangerous dog licence for the dangerous dog and pay the
required fee as set out in Schedule A hereto attached.
(b)
cause the dangerous animal to be tattooed upon the ear with
clearly identifiable information as set out by the Council and
provide a copy of such information to the Pound keeper.
(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.
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(f)
display in a conspicuous location at each entrance to the
premises upon which the dangerous animal is kept, a sign
stating: WARNING: BEWARE OF DANGEROUS<insert type
of animal>. The sign shall be posted in such a manner that it
cannot be removed easily by a passerby and will be visible and
capable of being read from outside of the premises.
(g)
within three (3) working days of selling, giving away or
otherwise disposing of the dangerous animal, provide the
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 or
attacked any person or animal.
(j)
maintain in force to the satisfaction of the CAO of the Town 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 Subsection11(9) hereof.
13(3) No person shall deface or remove without having first obtained the permission
of the Animal Control Officer a sign posted pursuant to Subsection 13(2)(f) or
Subsection 11(9)(b) hereof.
Destruction of dangerous animal or aggressor animal
14(1) Where it appears on reasonable grounds that an owner has breached 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.
14(2) When the Animal Control Officer impounds an animal under this Section 14 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 Town, in
which case Council shall hold a hearing at a regularly scheduled meeting of
Council as to whether or not the animal should be destroyed, which hearing
shall be carried out in accordance with the provisions of Section 12 hereof.
The animal shall remain quarantined in the pound pending the outcome of the
hearing.
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PART VI: LIVESTOCK
15(1) The keeping of livestock in the Town shall only be allowed pursuant to the
Town's zoning by-law in effect from time to time.
15(2) An owner shall not permit his livestock to run at large within the Town. When
livestock is found running at large, its owner shall be deemed to have refused
or failed to comply with this By-Law.
15(3) Council, or the Animal Control Officer on the authority of Council, may
establish from time to time 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 livestock at a rate
of remuneration to be fixed from time to time by the Council. The CAO of the
Town may authorize the establishment of a temporary pound based upon the
verbal consent by telephone of the majority of Councilors, which temporary
pound shall be ratified at the next regularly scheduled Council meeting.
15(4) If the identity of the owner is known, the Animal Control Officer shall serve a
Notice of Impoundment, as set out in Schedule "C" hereto attached, directly
upon the owner or by mailing the notice by registered mail to the owner at his
last known address.
15(5) The owner of the livestock shall not be entitled to the return of the livestock
until the actual costs incurred by the Town in apprehending and impounding
the livestock, together with the costs of caring for the livestock and any fines
imposed pursuant to Subsection 22(4) of this By-Law, have been paid in full.
15(6) 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 15(5), 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 Town.
PART VII: RESTRICTED ANIMALS
Prohibition on restricted animals
16(1) Except as may be permitted by the Town's zoning by-law in effect from time to
time, no person shall keep, harbour, posses or control any restricted animal
within the Town without a permit issued by Council.
Application for permission to keep or harbour a restricted animal
16(2) Upon receipt of an application and permit fees as set out on Schedule "A"
hereto attached 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 The Planning Act (Manitoba)
(subsection 53(2) and subsection 55(4). Provided however, that Council need
not give notice of an application from the owner or operator of a travelling
show to keep a restricted animal in the Town on a temporary basis for a period
not exceeding ten (10) continuous days, but shall consider the application at a
regularly scheduled meeting of Council following receipt of the application.
Council 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 Town and shall advise the
applicant in writing of their decision. Council may impose conditions upon a
permit to keep or harbour a restricted animal and any violation of such
conditions by the owner shall invalidate the permit provided by Council and
shall constitute an offence under this By-Law.
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Temporary impoundment
16(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
16(2) hereof.
Inventory of restricted animals
16(4) Any owner who has been granted permission by Council to keep one or more
restricted animals within the Town 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 Town,
together with the annual permit fee as set out in Schedule "A" hereto attached.
16(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 Town.
16(6) (a)
Any person who keeps, harbours or has possession or control of a
restricted animal in the Town 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 Town or shall otherwise
dispose of the restricted animal in a manner which ensures that the
restricted animal is no longer within the Town. 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 Town accepts no responsibility for the manner of sale or
disposition.
(b)
Council may grant such longer period of time to an owner of a
restricted animal who falls within Subsection 16(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 Town.
Order to dispose of restricted animal
16(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 Town 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 16(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 16(2), and the order of the Animal
Control Officer shall be suspended pending the decision of Council.
16(8) The onus shall be on the person upon whom an order pursuant to Subsection
16(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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16(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.
16(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 16(7); and (b) if an application for the written permission of Council
to retain the restricted animal has been heard and denied by Council or no
application for permission to retain the restricted animal has been made to
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
Town shall refund the excess proceeds to the owner.
PART VIII: GENERAL PROVISIONS
Offenses under this By-Law
17(1) For greater certainty and without limiting any provisions of this By-Law, the
following shall constitute offences under this By-Law for which a Notice of
Breach of this By-Law may be issued:
(a)
Allowing or failing to prevent a dog, cat or domestic pet from running at
large;
(b)
Keeping or harbouring dogs or cats in excess of the maximum number
permitted by this By-Law;
(c)
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 10 of this By-Law;
(d)
Failure by the owner of a dog or cat to comply with any one or more of
the provisions of Section7, Subsection 9(2) or 9(3) of this By-Law;
(e)
Failing to report a bite incident or failing to voluntarily surrender the dog
or cat believed to have bitten a person or animal to the Animal Control
Officer or Pound keeper;
(f)
Failing to voluntarily surrender a dog or cat to the Animal Control
Officer upon a request therefore;
(g)
Failure by an owner to discharge the duties of an owner as set out in
Subsection 2(1) of The Animal Care Act (Manitoba);
(h)
Keeping or harbouring any wild animal or other restricted animal within
the Town without a proper permit contrary to Section16 of this By-Law;
(i)
Violating any of the conditions or restrictions imposed upon a permit to
keep or harbour any wild animal or other restricted animal within the
Town;
(j)
Failing to properly vaccinate a dog or cat against rabies;
- 20 -
(k)
Failing to comply with the requirements of Subsection 9(1) of this By-
Law in relation to any domestic pet;
(l)
Failing to comply with any requirements of Part V of this By-Law in
relation to an aggressor animal or a dangerous animal;
(m)
Defacing or removing a sign required to be posted under Subsection
11(9)(b) or Subsection 13(2)(f) of this By-Law;
(n)
Failing to comply with any of the requirements of Part VI of this By-Law
in relation to livestock;
(o)
Failing to comply with any of the requirements of Part VII of this By-
Law in relation to any restricted animals;
(p)
Failing to comply with the requirements of Subsection 7(3) of this By-
Law in respect of the location and construction of a dog run;
(q)
Failure to comply with the requirements of Subsection 9(5) of this by-
Law in respect of the use of cat traps.
Interference With Enforcement
17(2) It shall be an offence under this By-Law for a person to interfere or obstruct
any attempt by the Animal Control Officer, Pound keeper or the Council from
carrying out its duties and obligations hereunder.
17(3) It shall be an offence 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
17(4) Any resident of the Town 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, Pound keeper or the CAO of the Town of the
apprehension and confinement, and the Animal Control Officer shall as soon
as is practical, attend upon the resident to take possession of and impound the
animal.
Right of Entry
18(1) The Animal Control Officer or any other person appointed by the Town 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 licence 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.
18(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, or take such other
reasonable steps as may be requested by the Animal Control Officer to assist
the Animal Control Officer to apprehend and impound the said animal.
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Complainant Identification
19(1) Any person who makes a complaint alleging an offence 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
20(1) No liability shall attach to the Animal Control Officer, the Pound keeper, the
CAO, the Council and/or the Town 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 Pound keeper, the Council and/or the
Town 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
21(1) Without limiting the penalties for specific offenses set out in Subsections 21(2),
(3), (4) and (5) hereof, any person who contravenes any provision of this
By-Law shall be issued a Notice of Breach of this By-Law is guilty of an
offense and is subject, in addition to any penalties prescribed in Schedule "A"
hereto, upon conviction before a Provincial Court Judge, Magistrate or Justice
of the Peace, to the following:
(a)
to a fine of not less than $50.00 and not more than $250.00,
plus all applicable costs of apprehension, impoundment and
damages to public or private property which resulted from the
offence, for the first offence;
(b)
to a fine of not less than $100.00 and not more than $500.00,
plus all applicable costs of apprehension, impoundment and
damages to public or private property which resulted from the
offence, for the second offence and for each subsequent
offence within twelve (12) months of the first offence.
21(2) Any animal that is impounded three (3) or more times within any 12-month
period may be impounded by the Animal Control Officer and disposed of in
such fashion as deemed necessary by the Animal Control Officer. Without
limiting the generality of the foregoing such disposal may be by means of
destruction or sale to a new person.
21(3) Any person who contravenes Subsection 7(3) of this By-Law shall be issued a
Notice of Breach of this By-Law, is guilty of an offence and is liable to a fine of
not less than $250.00 and not more than $500.00, plus all applicable costs to
remedy the contravention.
21(4) Any person who contravenes a provision of this By-Law relating to livestock as
herein defined shall be issued a Notice of Breach of this By-Law, is guilty of an
offence and is liable:
(a)
to a fine of not less than $250.00 and not more than $1000.00,
plus applicable costs of apprehension, impoundment and
damages to public or private property which resulted from the
offence, for the first offence.
(b)
to a fine of not less than $500.00 and not more than $2500.00,
plus applicable costs of apprehension, impoundment and
damages to public or private property which resulted from the
offence, for the second offence and for each subsequent
offence within 12 months of the first offence.
21(5) Any person who contravenes a provision of this By-Law relating to a restricted
animal or to an animal which has been declared a dangerous animal, shall be
issued a Notice of Breach of this By-Law, is guilty of an offence and is liable:
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(a)
to a fine of not less than $250.00 and not more than $1000.00,
plus all applicable costs of apprehension, impoundment and
damages to public or private property which resulted from the
offence, for the first offence.
(b)
to a fine of not less than $500.00 and not more than $2000.00
plus all applicable costs of apprehension, impoundment and
damages to public or private property which resulted from the
offence, for the second offence and for each subsequent
offence within twelve (12) months of the first offence.
21(6) Any person who interferes with or obstructs the duties of an Animal Control
Officer, a Pound keeper or any other person authorized to enforce any
provisions of this By-Law, or who unlawfully enters any pound or unlawfully
removes any animal impounded, shall be issued a Notice of Breach of this By-
Law, is guilty of an offence and is liable:
(a)
to a fine of not less than $500.00 and not more than $2000.00,
or to imprisonment for a term of not more than thirty (30) days,
for the first offence, plus all applicable costs of apprehension,
impoundment and damages to public or private property which
resulted from the offence;
(b)
to a fine of not less than $1000.00 and not more than
$5,000.00, or to imprisonment for not more than six (6) months,
for each subsequent offence, plus all applicable costs of
apprehension, impoundment and damages to public or private
property which resulted from the offence.
21(7) Where the contravention, disobedience, refusal or neglect continues for more
than one (1) day, the person is guilty of a separate offence for each day that
the contravention, disobedience, refusal or neglect continues.
21(8) A person who has been served with a Notice of Breach of this By-Law, may
dispose of the matter by attending at the Town Office during regular office
hours within fifteen (15) days of the date of the Notice and pay to the CAO of
the Town, the minimum fine (including applicable costs) as set out in the
Notice, along with all other such charges that may have accrued as a result of
enforcement of this By-Law. In the event that a person served with a Notice of
Breach of this By-Law fails to pay the minimum fine as set out in the Notice
(including applicable costs) within the said fifteen (15) day period, the Council
may lay an Information with respect to the by-Law infraction and a Summons
may be issued for the person to attend to Provincial court. Any person found
guilty of a breach of this by-Law as set out in the said Notice may be liable to
the Council for the maximum penalty set out in this By-Law including court
costs.
21(9) All fines and penalties collected under the provisions of this by-Law, except as
herein otherwise provided, shall be paid to the Town.
21(10) Wherever the provisions of any other by-Law, rule, regulation, statute imposes
overlapping or contradictory regulations over the control of animals, prohibition
of animals, or contain any restrictions covering any of the same subject matter
contained herein, the most restrictive standard shall apply.
Severability
22(1) If any provision of this By-Law is held to be invalid by any Court of competent
jurisdiction, the remaining provisions of this By-Law shall not be invalidated.
Effect
23(1) This By-Law shall come into force and effect on and from the date of its
enactment.
- 23 -
Repeal
23(1) That By-Law #10/05, its amendments, and any other similar by-laws be
repealed.
Schedules
24 (1) All Schedules of By-Law #1/16 may be amended by Resolution of Council.
DONE AND PASSED as a By-Law of the Town of Teulon by the Mayor and Council in
open session assembled this _____ day of _____________________ A.D. 20___.
_____________________________
Mayor
_____________________________
Chief Administrative Officer
Read a first time this 12th day of January, A.D. 2016
Read a second time this 9th day of February, A.D. 2016
Read a third time this 9th day of February, A.D. 2016
SCHEDULE A - LICENCE AND IMPOUNDMENT FEES
Animal Control By-law No.1/16
Application Fees
For a permit to keep restricted animals (Subsection 16(2))
$25.00
License Fees (Annual) - and Related Charges
For each spayed female or neutered male dog
$12.00
(Subsection 5(1))
After June 1st of the licence year
$18.00
For each male dog (Subsection 5(1))
$24.00
For each female dog (Subsection 5(1))
$24.00
After June 1st of the licence year
For each male dog
$30.00
For each female dog
$30.00
For each dog/cat declared to be a dangerous animal (Subsection 13(2) (a)) $200.00
Replacement tag (Subsections 5(5))
$2.00
Transfer of licence (Subsections 5(6))
$5.00
Restricted Animal permit - annual fee (Subsections 16(2) and 16(4))
$200.00
Kennel Permit (Annual)
$250.00
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 impoundment *, flat fee(Subsection 8 (a) and b))
$25.00
- For each day of impoundment, add $15.00 / day
➢ For second and subsequent impoundment, flat fee
$50.00
(*if it occurs within 12 months of the first offence) (Subsection 8 (a) and b))
- For each day of impoundment, add $15.00 / day
Impoundment fees for dangerous animals, quarantined
animals and restricted animals:(Subsections 11(3), 11(5), 11(9)(e), 12(2),
$20.00/ day
14(2), 16(3) and 16(10))
Impoundment fees for Livestock:
Subsection 15(5)
For voluntary impoundment:
➢ For each day of impoundment:
$15.00 / day
Fines
Section 21
SCHEDULE B
Notice of Breach of By-Law No. 01/16
OF THE TOWN OF TEULON
TO: ________________________________________________________________________
You are charged that on the ______ day of ___________________, 20____ you did unlawfully:
a)
as owner, permit an animal to run at large within the limits of the Town of Teulon contrary to
paragraph ___________ of By-Law ___________;
b)
as owner, failed to abide by the duties of an owner regarding a dangerous animal, contrary
to paragraph ____________ of By-Law ________________;
c)
as Owner ______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
contrary to paragraph _________ of By-Law ___________.
Disposition of this charge may be made by attending at the General Office of the Town of
Teulon, during office hours, from _________________, 20_____, to
___________________, 20_____. OR
A Hearing will be held on the ___________ day of
_____ 20
at the hour of
____________at which time Council will dispose of this charge. Should you wish to make
representations at this hearing, your attendance in person is required.
(strike out inapplicable statements)
Dated at ___________________, in the Province of Manitoba, this _____ day of
___________________, 20____.
____________________________
Animal Control Officer
Form of Notice authorized by Subsection 3(f) of By-Law No. 1/16 of the Town of Teulon.
NOTE:
"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.
SCHEDULE C
NOTICE OF IMPOUNDMENT
Under By-Law No. 01/16
of the Town of Teulon
Owner: _____________________________________________________________________
(Name and Address of Owner of animal)
Description of Animal: _________________________________________________________
Date of Apprehension: _________________________________________________________
Time of Apprehension: _________________________________________________________
Location Animal Apprehended: ___________________________________________________
Place of Impoundment: _________________________________________________________
Hours of Operation of Pound: ____________________________________________________
Phone No. of Pound: ___________________________________________________________
Daily Pound Fee: _____________________________________________________________
Impoundment Fee and/or Fine: ___________________________________________________
Licence Fee: _________________________________________________________________
Method of Payment Required: ___________________________________________________
Date the animal will be sold, destroyed or otherwise disposed of: ________________________
Date: ___________________
Animal Control Officer: _____________________
Signature: _______________________________
Form of Notice authorized by Subsection 3(e) of By-Law No. 01/16 of the Town of Teulon
SCHEDULE D
TO BY-LAW #1/16
DANGEROUS ANIMAL DECLARATION HEARING
FOR THE TOWN OF TEULON
NOTICE OF HEARING
TO:
_____________________________________________________________________________________________________________________
IN ACCORDANCE with Paragraph 11 of the enclosed By-Law #1/16, I have reason to believe that an animal owned by your or under your control,
namely _________________________________________________________ is a Dangerous Animal as defined in the said By-Law.
The reasons for this Hearing are:
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
_____
A Hearing will be held on the __________day of ________________________, A.D. 20 ______ at the hour of _________________a.m./p.m. at
which the Town will decide:
a)
whether the animal owned by __________________________ is a dangerous animal pursuant to Section 12 of By-Law #1/16;
b)
whether a dangerous animal should be destroyed or released to the owner subject to conditions pursuant to Section 13 of By-Law #1/16.
Recommendations from the Animal Control Officer will be received and reviewed at the Hearing.
IF YOU DO NOT ATTEND THE HEARING, the matter will be dealt with in your absence and you will not be entitled to any further notice or appeal in
regard to the proceedings concerning the animal.
DATED at ___________________, in the Province of Manitoba, this _____________ day of ___________________________, 20 _______
__________________________________________
Animal Control Officer
Form of Notice authorized by clause 12(3) of By-Law #1/16 of the Town of Teulon.
NOTES:
1.
"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.
2.
Sections 11, 12 and 13 of By-Law #1/16 are enclosed.
Schedule E
CAT TRAP AGREEMENT
Between
The Town of Teulon and
PLEASE NOTE: If you are planning under this agreement to trap more than one cat, please take note of the INCIDENT NUMBER
(top right hand corner of this form) and leave the pink copy with the ____________________________when you deliver the first
trapped cat.
Please refer to the Incident Number on any subsequent cats, which are trapped under this agreement.
White - Customer Copy Pink - _______________________________(delivered with the cat) Yellow - Animal Control Officer
NAME
HOME TELEPHONE NUMBER
ADDRESS
WORK TELEPHONE NUMBER
I agree to accept full responsibility for the Town of Teulon Cat Trap, Number ______________________ and other equipment which may be supplied. I also
agree to accept full responsibility for the humane care and treatment of any animal caught in this trap while in my possession.
I further agree:
1.
To pay a refundable deposit of $ ___________________ for the above cat trap. If I fail to return the cat trap on the date stated I will be charged a non-
refundable late fee of $10.00/day or any part thereof, past the stated return date. If the trap becomes damaged, I will be assessed the cost of repairs.
2.
To place the cat trap only on the property described above and to secure the trap from theft. (bicycle lock, lock and chain)
3.
To set the trap in a shaded and/or sheltered area out of the public view and to remove the trap in severe weather conditions.
4.
To check the trap at least once in every eight hour period.
5.
To release any other animal inadvertently caught in the trap in a safe and humane fashion.
6.
To feed, water and care for any trapped cat in a humane manner.
7.
To take the trapped cat to the _______________________________ as soon as possible and in any event within 12 hours of the animal being trapped.
8.
To take the cat to a Veterinarian Clinic immediately if the cat appears ill or injured.
9.
To notify ____________________________________________ as soon as possible if the cat was taken to a Veterinarian Clinic.
10. To return the trap to ______________________________________ by the close of business on the date stated in this agreement.
11. An Animal Control Officer may enter my property at any time during this trap agreement to ensure this agreement is complied with.
THE CAT TRAP IS TO BE RETURNED NO LATER THAN 6:00 PM ___________________________________________________, 2________________
In signing this agreement, I acknowledge that I have read this agreement and understand my responsibilities and promise to abide by all the above terms. I
further understand that failure to comply with the terms in this agreement may subject me to additional fees and/or legal action.
SIGNATURE
DATE
YY
MM DD
for /ANIMAL SERVICES
DATE
YY
MM DD
DEPOSIT MADE BY:
CASH
CHEQUE
CREDIT CARD
DEBIT CARD
TRAP RETURNED
YY
MM
DD
for/ANIMAL SERVICES
INCIDENT NUMBER