Animal Control By-Law

 

 

 

BEING                      a by-law of the Town of Altona for prohibiting or regulating, controlling, and licensing the keeping of animals within the boundaries of the Town of Altona.

 

WHEREAS               Section 353 of The Municipal Act, R.S.M. 1988, c. M225, provides as follows:

 

"The council of any municipality may pass by-laws for regulating or prohibiting the keeping, within the Town, or within any prescribed area thereof, of domestic or wild animals, domestic or wild fowl or birds, or any species, class or type of such animals and fowl or birds, and either general or of any kind or class specified in a by-law."

 

AND WHEREAS                       Section 5(1) The Animal Husbandry Act, R.S.M. 1987, c. A90, provides as follows:

 

"The council of any municipality may pass by-laws, applicable to the whole or any part of the municipality

 

(a)           for allowing, restraining, prohibiting, and regulating the running at large or trespassing of animals and poultry and providing for impounding them; for causing them to be sold if not claimed within the time limit prescribed in the by-law or if damages, fines and expenses are not paid in accordance therewith; and for appraising damages to be paid by the owners of the animals or poultry impounded for trespassing; or

 

(b)           for providing sufficient yards and enclosures for the safekeeping of impounded animals or poultry, and for the appointment of a poundkeeper; or

 

(c)           for the release of animals or poultry from pounds upon payment of all damages, fines and expenses for which the poundkeeper has a right to detain them, and for providing for the method in which damages are to be ascertained or appraised, and by whom; or

 

(d)           for determining the compensation to be allowed for services rendered in carrying out the provisions of this Act or by-laws related thereto;

 

(e)           for limiting the right to recover damages for any injury done by animals or poultry permitted by the by-law to run at large and to trespass upon land, or for the trespass, to cases in which the land is enclosed by a fence of the nature, kind and height required by the by-law."

 

AND WHEREAS                       Section 202(3) of The Municipal Act R.S.M. 1988, c. M225, provides as follows:

 

"Section 5 of the Summary Convictions Act applies to every offence of contravening or failing to comply with, and to every violation of a provision of a by-law of a municipality."

 

AND WHEREAS                       it is deemed advisable and in the best interests of the municipality to provide for the prohibition, regulation, licensing, and control of animals within the Town of Altona;

 

NOW THEREFORE   the Council of the Town of Altona, in regular session duly assembled, enacts as follows:

 

DEFINITIONS:

 

1.                       THAT wherever used in this by-law, unless the context otherwise requires,

 

"animal" means any domestic or wild animal, domestic or wild fowl or bird, or any species, class, or type of such animal or fowl or bird, and either generally or of any kind or class;

 

"at large" means an animal located elsewhere than on the land or premises of the owner and not under control by being in direct and continuous charge of a person competent to control it;

 

"authorized person" means any person appointed by the Town to carry out any provisions of this by-law or any contracts or agreements entered into for the purpose of carrying out any provision of this by-law;

 

"cat" means all species of the animal, including spayed females and neutered males, commonly known by that name and being of the Feline or Felidae family and any and every breed or classification or mixture of breeds and classifications thereof, which are at least three months of age;

 

"control" means being restrained by a leash;

 

"Council" means the Council of the Town of Altona;

 

"dog" means any male or female animal, including spayed females and neutered males, commonly known by that name and being of the Canine or Canidae family and any and every breed or classification or mixture of breeds and classifications thereof, which are at least three months of age;

 

"livestock" means any domestic or wild animal, domestic or wild fowl or bird, or any species, class, or type of such animals or fowl or birds, and either generally or of any kind or class, which are kept for purposes other than pets;

 

"municipality" means the Town of Altona;

 

"leash" means any rope, chain, or leather strap not longer than two meters, which is strong enough to restrain the animal;

 

"owner" means any adult person who owns, possesses, or harbours an animal, or knowingly permits or allows any other person to own, possess, or harbour an animal upon his premises;

 

"off leash area" means an area designated by the Town of Altona where animal owners are permitted to run their animals at-large;

 

"person" includes the plural as well as the singular, a corporation, partnership, association, syndicate, or any organized body;

 

"pit bull" means

(a)           Pit Bull Terrier,

(b)           American Pit Bull Terrier, or

(c)           any dog which has the appearance and physical characteristics predominantly conforming to the standards of a Pit Bull Terrier, as established by the Canadian Kennel Club, in the determination of a licenced Veterinary practitioner;

 

"pound" means any enclosure, premise, or place as designated from time to time by a resolution of the Council of the Town for the purpose of impounding and caring for animals found to be in contravention of any of the provisions of this by-law;

 

"run at large" or "running at large" means not under control by being either

 

(i)             in direct and continuous charge of a person competent to control it; or

(ii)            securely confined within an enclosure; or

(iii)           securely fastened so that it is unable to roam at will beyond the owner's property;

 

"Town" means the Town of Altona.

 

INTERPRETATION:

 

2.             THAT wherever the context so requires, masculine gender shall include feminine gender, plural shall include singular, and singular shall include plural.

 

3.             THAT Section headings are for convenience only and do not form part of this by-law.

 

KEEPING OF ANIMALS:

 

4.             THAT the keeping of any animals within the limits of the Town, whether for pleasure or profit, is strictly prohibited except as provided for in this by-law.

 

5.             THAT the keeping of livestock within the limits of the Town is strictly prohibited.

 

6.             THAT no person shall own, possess, or harbour, or allow any other person inhabiting his premises to own, possess, or harbour, any dog which is described as a "pit bull".

 

LICENSING:

 

7.             THAT every owner of any cat or dog over three months of age kept within the boundaries of the Town shall, on or before the 31st day of January in each calendar year or within thirty days of the time he becomes a resident of the Town or the owner of a cat or dog intended to be kept within the boundaries of the Town, obtain from the authorized person a license and a tag for each cat or dog owned by him and shall supply the authorized person such information as he requires.

 

8.             THAT, before a license is issued, every owner of any cat or dog must produce a Certificate of Vaccination for Rabies for the cat or dog, from a licensed Veterinary practitioner, showing that the cat or dog has been vaccinated for rabies on a date no more than two years prior to January 1st of the current license year.

 

9.             THAT the owner of every cat or dog so licensed shall pay to the Town an annual license fee for each cat or dog in accordance with the Town of Altona Fees and Charges By-law.

 

10.           THAT the annual license fee provided for herein shall be paid as follows:

 

(a)           prior to January 31st in each year, or

 

(b)           at the time of licensing (subject to Section 8 above).

 

11.           THAT the authorized person shall supply to each owner who has paid the required fee and supplied the necessary particulars of registration, a metal or plastic tag for each cat or dog so licensed, which tag shall be securely fastened by the owner to a collar or harness worn by the cat or dog.

 

12.           THAT,  where a change of ownership of a cat or dog licensed hereunder occurs during the license year, the new owner shall have the current license transferred to his name upon payment of a transfer fee in accordance with the Town of Altona Fees & Charges By-law.

 

13.           THAT, where the license tag is lost or damaged, the owner shall forthwith apply for a replacement license for the current year, the cost of which shall accordance with the Town of Altona Fees & Charges By-law.

 

14.           THAT no license fee shall be charged for any dog specifically trained as a "Guide Dog", providing that the person owning such a dog produces to the satisfaction of the authorized person, proof of blindness or impairment of sight or of deafness or impairment of hearing, and that the dog is specially trained and used as a guide for such person.

 

RESPONSIBILITIES OF OWNERS

 

15.           THAT no owner shall permit an animal to damage any property, or injure, disturb or annoy any person or other animal in any manner whatsoever, including, without limiting the generality of the foregoing,

 

(a)           permitting his animal to run at large within the Town of Altona, except when the owner is attending a recognized training or obedience school for training his animal at a time and place approved by the authorized person, or in a designated off-leash area;

 

(b)           permitting his animal to bark, howl, or yowl, or in any other way unduly disturb the peace and quiet of any person situated within the Town;

 

(c)           permitting his animal to defecate on any private property other than the property of its owner;

 

(d)           permitting his animal to defecate on property other than the property of its owner without causing such excrement to be removed immediately.

 

(e)           owning, keeping, or harbouring any animal which the owner knows, or reasonably should have known, is vicious or mischievous or accustomed to causing injury, unless such animal is securely fastened and properly muzzled at all times in such place and in such manner that it does not endanger the safety of any  person or any other animal;

 

(f)            permitting his animal to upset waste receptacles;

 

(g)           permitting his animal to scatter waste material in or about a street, lane, or other public or private property not belonging to the owner of the animal.

 

16.           THAT a female cat or dog in heat shall be confined and housed in the premises of the owner or person having control of the cat or dog, for the period of time that the cat or dog is in heat, or it shall be taken to a licensed kennel for the whole period of time in heat.

 

POUND:

 

17.           THAT, there shall be established for the Town a public pound, and such pound shall be located on such premises or at such place as Council may from time to time direct by resolution and such pound shall be called "The Town of Altona Pound".

 

IMPOUNDING:

 

18.           THAT the authorized person may:

 

(a)           capture and impound any animal which he believes or has reasonable grounds to believe is in contravention of this by-law, as well as any animal which is required to be impounded pursuant to the provisions of any Statute of Canada or of the Province of Manitoba or any regulation made thereunder;

 

(b)           subject to Section 21, demand the surrender of an animal found to be in contravention of any provision of this by-law from any person having control of the animal, and that person shall forthwith surrender the animal to the authorized person;

 

(c)           make application to a Provincial Judge, Magistrate, or Justice of the Peace for an order requiring a person having control of an animal found to be in contravention of any provision of this by-law, to forthwith surrender the animal to the authorized person;

 

(d)           either issue an offence notice to, or lay an information against, an owner alleged to have committed an offence of permitting his animal to run at large;

 

(e)           perform such other duties as Council may from time to time assign to him.

 

BITING ANIMALS:

 

19.           THAT

 

(a)           the authorized person shall take into custody and place in quarantine any animal that has bitten someone or is alleged to have bitten someone, whether the skin is directly punctured or lacerated by the bite or not, excepting that this provision shall not apply to police service dogs while on duty and under the control of a qualified dog handler;

 

(b)           subject to section (c) below, the owner of an animal may deliver it to a place other than the Pound, provided such place is agreed to by the authorized person and the animal is under the personal supervision of a licensed Veterinary practitioner, and the animal must remain at such place at the owner's expense;

 

(c)           any animal so delivered or taken to the Pound or to such other place as agreed to as outlined in section (b) above, shall be kept therein until such time as the animal is certified to be free of infectious disease by a licensed Veterinary practitioner, and in any event for no longer than fourteen days from the date of the bite;

 

(d)           if the animal is found to be carrying an infectious disease it shall be quarantined and, at the option of the owner and at his expense, treated or destroyed.

 

(e)           The head of any animal quarantined for biting, which dies, shall be submitted to the Health of Animals Branch, Federal Department of Agriculture, for rabies examination.

 

RIGHT OF ENTRY:

 

20.           THAT the authorized person may enter into the land surrounding any building with the consent of the owner in pursuit of any animal which has been observed running at large.

 

INTERFERENCE WITH ENFORCEMENT:

 

21.           THAT, no person shall interfere with or attempt to obstruct an authorized person who is attempting to capture or who has captured any animal in accordance with the provisions of this by-law.

 

LIABILITY:

 

22.           THAT, no liability shall attach to the Town and/or any person authorized to carry out any provision of this by-law for any animal destroyed or injured while being captured or during impoundment.

 

EUTHANASIA:

 

23.           THAT, notwithstanding anything contained in this by-law, where a licensed Veterinary practitioner certifies in writing that, in his opinion, an animal in the custody of the authorized person is so seriously injured or sick that it would be cruel to allow it to live, the authorized person may cause it to be destroyed forthwith.

 

NOTIFICATION TO OWNERS:

 

24.           THAT, whenever an animal is impounded wearing a tag furnished by a municipality for the current license year for such animal, the authorized person shall forthwith after the impounding:

 

(a)           if the tag was issued by the Town, mail to the owner whose name appears on such license, at the address shown thereon, a notice that the animal has been impounded and if not redeemed by the time stipulated in the notice (which said time shall be no less than 96 hours from the mailing of the notice), the animal may be sold, destroyed, or otherwise disposed of; or

 

(b)           if the tag was issued by another municipality, the authorized person shall notify the clerk or secretary-treasurer thereof that such animal has been impounded and will be sold, destroyed, or otherwise disposed of if not redeemed within 96 hours from the time of the notification to the said clerk or secretary-treasurer of that municipality.

 

REDEMPTION:

 

25.           THAT the owner of any animal impounded for running at large may redeem it within the ten day period of impoundment by paying the authorized person any and all fees, penalties, charges, and costs as authorized herein, including, without limiting the generality of the foregoing, the full amount of any cost incurred by the Town for the examination and/or treatment by a licensed Veterinary practitioner of an animal that appears injured or ill.

 

26.           THAT, any animal included in the definition of livestock hereunder may be redeemed as provided for in this by-law, but may not be brought back within the Town limits.

 

PENALTIES, FEES AND CHARGES:

 

27.           THAT all penalties, fees and charges shall be in accordance with the Town of Altona Fees & Charges By-law.

 

28.           THAT, any person who contravenes subsection (f) and/or (g) of Section 15 hereof is guilty of an offense separate and apart from the offense provided in subsection (a) of Section 15 hereof, and, upon summary conviction thereof, shall, in addition to any penalty imposed upon him, be civilly liable to the Town for any expense directly or indirectly incurred by it in connection with the receptacle being upset or the waste being scattered about.

 

GENERAL PROVISIONS:

 

29.           THAT, a complainant must give to the authorized person, his name, address, and telephone number before any action will be taken to either impound an animal or to institute any legal proceedings.

 

30.           THAT, no unauthorized person shall remove the collar or license tag of any licensed animal.

 

31.           THAT the authorized person shall keep a record of every animal impounded or destroyed.  Such record shall show the description and particulars of every such animal, the day and hour of its impounding, redemption, or sale or disposition, the name and address of the owner, the license number (if any), the amount and particulars of all fees, fines, charges, and all monies received in respect of such animal, the name and address of the person paying the same, and all such other particulars as the Town shall direct.  All monies collected by the authorized person shall be remitted to the Town as and when the Town shall require, together with such reports and statements as the Town may prescribe from time to time.