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RESORT VILLAGE OF MANITOU BEACH
Animal Control Bylaw
BYLAW 47-2024
1. SHORT TITLE
This Bylaw may be cited as "The Animal Control Bylaw".
2. PURPOSE
The purpose of this Bylaw is as follows:
- To provide for the licensing of restricted dogs
- To control and regulate cats, dogs, and other domestic pets
- To provide a stricter penalty to deter Pet Owners from allowing
cats and dogs to run off leash or at large becoming a nuisance to
neighbor and neighboring properties.
- To RESTRICT the feeding of deer and/or other wild ungulates
animals within Village limits
3. DEFINITIONS
a) Administrator - the Administrator of the Resort Village of Manitou Beach, also
referred to as the CAO-Chief Administrative Officer.
b) Animal Control Officer - shall mean any corporation, person or persons
engaged by the Resort Village of Manitou Beach for the purposes of checking
for licenses, capturing and impounding dogs and or cats under the provisions
of this bylaw and shall include the term "pound keeper"
c) Cat - a male or female cat or a male or female kitten over (8) eight weeks of
age
d) Council - the Council of the Resort Village of Manitou Beach
e) Dog - a male or female dog or male or female puppy over eight (8) weeks of
age
f) Dangerous Animal - means
-
any animal that, without provocation, in a vicious or menacing
manner, chases or approaches a person or domestic animal in the
apparent attitude of attack;
-
any animal with a known propensity, tendency or disposition to attack
without provocation, to cause injury or to otherwise threaten the
safety of persons or domestic animal;
-
any animal that, without provocation, has bitten, inflicted injury,
assaulted or otherwise attacked a person or domestic animal;
-
any dog which is owned primarily or in part for the purpose of dog
fighting or is trained for fighting.
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DEFINITIONS (CONTINUED)
g) Flora - the plants of a particular region, habitat, or geological period.
h) Municipality or Village - the Resort Village of Manitou Beach
i) Owner - includes
-
a person, person, partnership, association or corporation who keeps,
possesses, harbors or has care of or control of a domestic pet;
-
the person responsible for the custody of a minor where the minor is
the owner of a domestic pet.
j) Pound - such premises and facilities as may be designated by the Council of
the Resort Village of Manitou Beach for the purpose of safely lodging and
securing animals seized pursuant to this bylaw.
k) Pound keeper -a person designated by the Resort Village of Manitou Beach
from time to time to maintain and administer the pound.
l) Person- includes an individual(s), partnership, association or corporation
m) Running at large - when the dog, cat, or other domestic pet is beyond the
boundaries of land occupied by the owner, possessor, or keeper of the said
dog or cat, or beyond
n) the boundaries of any lands where it may be with the permission of the owner
or occupant of the said land and is NOT under control by being:
-
on a leash or harness and in direct and continuous charge of a person
competent to control it; or
-
securely confined within an enclosure; or
-
within fenced limits of the "Off-Leash" Dog Park; or
-
Securely fastened so that it cannot roam at will.
o) Ungulates- a wild, hoofed mammal.
4. REGISTERING
a) Every owner of a cat or dog shall register with an Animal License Application
through the Village Office, with description of animal, and any background
history of behavior that would be pursuant of social responsibility. Fees
outlined in Schedule A.
b) Any dog registration certificate or applicable fee issued pursuant to the
provisions of this bylaw by the Village shall not be transferable to any other
dog.
c) Licensed animals will be issued a numbered tag and expected to wear this tag
on collar as proof of registration with the Village.
5. RUNNING AT LARGE
a) The owner of a dog, cat or other domestic pet shall not at any time allow the
animal to run at large within the village.
b) When a domestic pet is found to be running at large, its owner is deemed to
have failed or refused to comply with the provisions of this section. An
exception may be made if the owner is actively looking for a lost dog or cat.
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c) Where a dog or cat is found to be running at large, the owner or occupant of
that property on which the dog or cat is running at large may make a written
complaint to the Resort Village of Manitou Beach.
d) The "Off-Leash" Dog Park provides a fenced perimeter that allows owners to
run their dog(s), "off-leash", when owners hold their animals to the standard
of conduct set forth in Section 11.
e) No dogs, cats, or otherwise allowed at Main Beach. No exceptions.
6. LIMITS - DOGS AND CATS
a) No person within the village shall harbor or keep more than three (3) dogs on
any one property. If an owner fails or refuses to comply with the provisions of
this section, he/she shall be subject to the penalties as set out in Schedule "B"
attached hereto.
b) No person within the village shall harbor or keep more than three (3) cats on
any one property. If an owner fails or refuses to comply with the provisions of
this section, he or she shall be subject to the penalties as set out in Schedule
"B" attached hereto.
c) No person within the village shall harbor or keep more than a combined total
of 5 cats and dogs on any one property. If owner fails to comply with the
provisions of this section, he/she shall be subject to penalties as set out in
Schedule "B" hereto.
7. POUND
a) The Council shall endeavor to appoint a pound keeper.
b) All dogs and cats impounded in the pound shall be so confined therein for a
period of 72 hours from the time of capture during which time the owner
thereof shall have the right to repossess the said dog or cat upon paying to
the Village Office the amount set forth in Schedule "B" of this Bylaw.
c) No domestic animal which is impounded shall be released to its owner or to
any other person until the appropriate pound fee is paid.
d) When a dog has been impounded, the Village Office shall immediately
attempt to contact the owner as shown in the records made when the dog
was registered at the address shown therein or shall immediately post notice
in the Village Office containing a description of the dog, that unless the said
dog is claimed and the fees as provided for in this bylaw are paid within 72
hours from the date of impounding, the said dog shall be dealt with pursuant
to the provisions of the bylaw. When a cat has been impounded, the Village
Office shall immediately post notice in the Village Office containing a
description of the cat along with the terms for release.
e) All impounded dogs or cats which are not claimed within 72 hours as
aforesaid, may be taken to the nearest animal shelter. It shall be the duty of
the pound keeper to provide each dog or cat impounded under the authority
of this bylaw an adequate supply of food and fresh water and proper shelter
during its confinement in the pound on a daily basis.
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f) Any dog found in any public street, lane, park, or other public place or
otherwise running at large contrary to the provisions of this bylaw, the Animal
Control Officer may seize and impound by any method authorized by Council.
g) If no Pound Keeper is found by the Municipality-dangerous domestic animals
shall be dealt with by the Pest Control Officer, except in circumstances where
the Officer exerts his/her right to refuse unsafe work.
8. LITTER - DOGS AND CATS
a) If a dog or cat defecates on any public or private property other than the
property of the owner, possessor or harborer of the said dog or cat, the
owner, possessor or harborer of the dog or cat shall cause such defecation to
be removed immediately and disposed of in a sanitary fashion. If witnessed,
that the owner, possessor, or harborer does not remove and dispose of feces
from the animal in their possession on public or private property, they are
subject to fines outlined in Schedule B.
b) Defecations deposited on the private property of the owner, possessor or
harborer of a dog or cat shall be removed and disposed of in a sanitary
manner on a weekly basis.
9. NUISANCE
a) The owner, possessor or harborer of a dog shall not allow the animal to create
a nuisance to any person by barking, howling, attempting to bite or biting
anyone or any domestic animal, chasing vehicles or bicycles and any owner,
possessor or harborer who contravenes this section commits an offence
under this bylaw.
b) The owner, possessor or harborer of a cat shall not allow the animal to create
a nuisance to any person by howling, hissing or otherwise making disruptive
noises or by urinating, defecating or spraying on or otherwise damaging or
interfering with any property other than the property of the owner,
possessor, or harborer. Any owner, possessor or harborer who contravenes
this section commits an offence under this bylaw.
c) Where a dog or cat is found to be creating a nuisance, the owner or occupant
of that property on which the dog or cat is creating a nuisance may make a
written complaint to the Resort Village of Manitou Beach. Owners, possessors,
and harborer are subject to fees outlined in Schedule B.
10. DOG PARK
a) Owners must be under control of their dog(s) at all times. Dogs must respond
to their owner's voice, or sound commands. Owners must have plain view of
their dogs while utilizing the Off-Leash Dog Park.
b) Owner's MUST immediately pick up and DISPOSE of their pet's feces.
Owners are expected to carry a 'suitable means' for picking up pet's feces.
c) A maximum of 30 dogs are allowed in the park at any given time.
d) Female dogs in heat WILL NOT be permitted into the Dog Park.
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d) ALL Dogs must have current vaccinations to be allowed access.
e) Owner's must carry with them a leash, no greater in length than two meters.
f) Dogs considered to be aggressive to people or other pets WILL NOT be
allowed in the Off-Leash Dog Park. Dogs persistently barking at other dogs
WILL NOT be allowed in the Off-Leash Dog Park.
g) NO human or animal food permitted within the Off-Leash Dog Park.
h) The handler of a dog at the Off-Leash Dog Park MUST be at least 16 years of
age, unless accompanied by an adult.
i) Owners are fully responsible for any damage or injury done by their pets at the
Off-Leash Dog Park. The Resort Village of Manitou Beach incurs NO LIABILITY from
the freedom of use of the Off-Leash Dog Park.
j) NO motorized vehicles of any kind are permitted within the Dog Park. Resort
Village of Manitou Beach maintenance equipment excluded.
11. UNGULATES
a) Due to the detrimental impact on herd health, impacts to flora on Private
Property, and impacts to Village flora, there shall be no feeding of wild
ungulates within Village Limits.
b) No bird feed or grain shall be fed on the ground in such a way that would
attract wild ungulates. No low hanging bird feeders shall be used in such a
way that would attract ungulates.
c) Any persons found to be feeding ungulates in Village Limits shall be subject to
fines outlined in Schedule B.
12. RABIES AND OTHER DISEASES
d) Any dog or cat suspected of having rabies shall not be killed but shall be
secured and isolated for ten (10) days and the matter immediately reported to
a veterinary clinic whose instructions shall be complied with.
e) An owner, possessor or harborer of a dog or cat who neglects or refuses to
comply with any order of the veterinary clinic shall be guilty of an infraction of
this bylaw.
f) Where a complaint is received by the Village Office that an animal within the
Village is dangerous, Division 5 -Dangerous Animals Section 374 to and
including Section 380 of the Municipalities Act shall apply.
13. BEE KEEPING
a) No person keeping bees or permitting bees to be kept on his or her property,
shall fail to adequately maintain the bees such that the bees exhibit unduly
defensive behavior towards any other person while that person is on their own
property or public property.
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14. OTHER DOMESTIC ANIMALS
a) Discretionary ownership of other domestic pets may be considered by:
completed application to Council, and upon approval, any requirements set forth
by Council must be adhered to or else subject to fines, listed in Section B #6.
15. GENERAL PENALTY
A person who contravenes any provision of this bylaw or neglects or refuses
to comply therewith shall be guilty of an offence and liable upon summary
conviction to a fine of not less than $100.00 and not more than $2000.00.
15. PENALTY
a) Where any person has committed or alleged to have committed a breach of
any of the provisions of this bylaw, a ticket in the form designated Form "A"
attached to and forming a part of this bylaw, may be served on such person by
the Animal Control Officer/Bylaw Commissionaire or by registered mail by the
Administrator of the Resort Village of Manitou Beach.
a) A person to whom a ticket is being issued pursuant to this section shall
furnish the Animal Control Officer with his/her name and address upon
request.
b) A person who contravenes any provision of this bylaw, upon being served
with a ticket, may voluntarily pay the prescribed penalty as set forth in
Schedule "B" to this bylaw.
c) If the Village receives voluntary payment of the prescribed penalty within
seven (7) days from the date the ticket was issued, the person receiving
the ticket shall not be liable for prosecution for the offence.
d) If the person who has committed or is alleged to have committed a breach
of any section of this bylaw fails to pay the specified fine within the time
allowed following service of the ticket, the provisions of this section no
longer apply, and the person shall be liable to prosecution for the offence.
16. SEVERABILITY
a) A decision of the court that one or more of the provisions of this bylaw
are invalid in whole or in part does not affect the validity, effectiveness
or enforceability of the other provisions or parts thereof with respect
to this bylaw.
b) Unpaid fees, charges, or penalties left unpaid at year end shall be
added to the tax roll.
17. REPEAL OF FORMER BYLAWS
Bylaw No. 28/2023 passed in 2023 is hereby repealed.
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____________________________
Mayor Pauline Petersen
____________________________
Chief Administrative Officer
Elise Dale
Resolution 2024-0170
Read a third time and adopted
This 22nd day of July 2024.
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SCHEDULE "A"
ANIMAL CONTROL
BYLAW 28-2023
Annual Fees
Neutered Dog Fee - $10.00
Non-Neutered Dog Fee- $35.00
Neutered Cat Fee - $10.00
Non-Neutered Cat Fee- $35.00
SCHEDULE "B"
ANIMAL CONTROL
BYLAW 28-2023
PENALTIES
OFFENCES
1st Offence
2nd Offence
Subsequent Offence
1. Running at Large,
Pets found off-leash
or on Main Beach
$250.00
$500.00
$1000.00
2. Over-Limit of Cat & Dog
$100.00
$200.00
$500.00
Numbers per Property
3. Pets not licensed-per animal
$100.00
$250.00
$500.00
4. Dog/Cat creating a Nuisance
$250.00
$500.00
$1000.00
5. Accumulation of Animal Feces
$100.00
$200.00
$500.00
6. Feeding of Ungulates in Village Limits
$300.00
$500.00
$1200.00
7. Other Domestic Animal-Requirements:
as per Council, listed in ODA Permit
$300.00
$500.00
$1200.00
8. Interfere with Bylaw Enforcement
$100.00
$300.00
$500.00
Reduce penalty by 50% if is paid within 7 days of issuance
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FORM "B"
Animal Control
Bylaw 28-2023
Resort Village of Manitou Beach
AVOID PROSECUTION BY PAYING PROMPTLY
TIME: _________________________am
DATE: ____________________________
pm
NAME OF VIOLATOR: ______________________________________________________
ADDRESS POSTAL CODE: __________________________________________________
ISSUED BY: ________________________________
LOCATION OF VIOLATION:
_____________________________________________________________________________
o
OWNER OF DOG
o
POSSESSOR OR HARBOURER OF DOG
YOU ARE CHARGED WITH VIOLATION OF BYLAW NO. 28-2023:
Violation: ______________
Section: _________________
Fine: ____________________
PLEASE PAY WITHIN 7 DAYS $_________ OF ISSUE DATE TO AVOID PROSECUTION.
AFTER 7 DAYS THE FEE WITH BE $ __________.
ALL OFFENCES AFTER 7 DAYS - $50.00 - $2000.00
PENALTY TO BE PAID DURING REGULAR OFFICE HOURS OR BY MAIL TO:
The Resort Village of Manitou Beach
701 Lakeview Avenue
Manitou Beach, SK
S0K 4T1
___________________________
BYLAW COMMISSIONAIRE
___________________________
CAO
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FORM "C"
Animal Control
Bylaw 28-2023
Resort Village of Manitou Beach
PERMIT APPLICATION FOR OTHER DOMESTIC ANIMAL OWNERSHIP
DATE: ____________________________
NAME: ______________________________________________________
CIVIC ADDRESS: ______________________________________________
SPECIES OF PET: ______________________________________________
NUMBER OF ANIMALS: __________________________________________
IS THIS A BREEDING OPERATION: YES / NO
HOW DOES OWNERSHIP OF THIS DOMESTIC ANIMAL UPHOLD THE RESORT VILLAGE OF MANITOU BEACH
ANIMAL CONTROL BYLAW #28-2023:
REASON THIS PERMIT IS BEING APPLIED FOR:
OFFICE USE ONLY:
ISSUED BY: ___________________________
DATE: ________________________________
RESOLUTION OF COUNCIL: ______________
REQUIREMENTS TO BE ADHERED TO IN THE ALLOWANCE OF THIS PERMIT:
X
Applicant
X
Resort Village of Manitou Beach