By-law 4/99 – regulating the running at large of animals & poultry

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RURAL MUNICIPALITY OF ROSEDALE 

BY-LAW NO. 4/99

SECTION 1

1.1            BEING A BY-LAW OF THE RURAL MUNICIPALITY OF ROSEDALE, IN MANITOBA FOR RESTRAINING, PROHIBITING AND REGULATING THE RUNNING AT LARGE OR TRESPASSING OF ANIMALS AND POULTRY.

SECTION 2         Authority  

2.1            This by-law shall be known as the Rural Municipality of Rosedale Animal Control By-law.

2.2            The Animal Husbandry Act, R.S.M. 1987, Cap. A90, authorizes the council of any municipality to pass by-laws to allow, restrain, prohibit and regulate the running at large or trespassing of animals and fowl and providing for impounding them and other regulations in respect thereof;

2.3            Part 7, Division 2, Subsection 232(1)(a), (k) and (o)of The Municipal Act S.M. 1996, c.58 – Cap. M225 authorizes the council of a municipality to pass by-laws for municipal purposes respecting the health, protection, well-being, safety of people and property, wild and domestic animals, and activities related to them and enforcement of such by-laws.

2.4            Part 7, Division 2, Subsection 232(2)(a)(e) of the Municipal Act S.M.1996, c.58 – Cap. M225, authorizes that in respect of by-laws passed under this section, a council may regulate, prohibit, provide for a system of licenses or permits, including establishing fees and terms of payment of fees, prohibit activities, impose terms and conditions on an activity or thing.

2.5            Part 7, Division 2, Subsection 236(1)(a)(b) of the Municipal Act S.M. 1996, c.58 – Cap. M225 authorizes a council to provide for procedures, including inspections, remedying a contravention of a by-law, creating offenses, providing for fines and penalties, collection of such fines and penalties, seizing, removing, impounding, confiscating and selling of things relating to a contravention of a by-law.

2.6            Part 7, Division 3, of the Municipal Act S.M. 1996, c.58 – Cap. M225 grants a council the powers for enforcement of by-laws passed under this Part and the Municipal Act S.M. 1996, c.58 – Cap. M225.

2.7            Any provisions made under this by-law shall not limit the generality of Part 7 of the Municipal Act S.M. 1996, c.58 – Cap. M225.

2.8            Subject to Part 7, Division 1, Section 230 of the Municipal Act S.M. 1996, c. 58 – Cap. M225, a by-law that is inconsistent with an Act or regulation in force in the province is of no effect only to the extent of the inconsistency, and the Act or regulation shall prevail.

2.9            This by-law applies to the whole of the Rural Municipality of Rosedale.

SECTION 3         Enactment

3.1            Now Therefore, the Council for the Rural Municipality of Rosedale, duly assembled, enacts as follows:

SECTION 4         Definitions

4.1            The words and terms in italics in this by-law shall have the meanings prescribed in subsection 4.4 herein, and if no definition is provided herein they shall have the meanings as prescribed in the Municipal Act S.M. 1996, c. 58 – Cap.  M225, the Animal Husbandry Act, R.S.M. 1987, Cap. A90 or any other Act or  Regulation of the Province.  Should a word or term be defined in any Act or  Regulation of the Province and in this by-law, then the definition set forth in this by-law shall govern.

4.2            Definitions of words and phrases used in this by-law that are not specifically defined in any Act or Regulation of the Province or in this subsection, shall have the meanings that are commonly assigned to them in the context in which they are used in these requirements, considering the specialized use of terms within the various trades or professions to which the terminology applies.

4.3            All words and terms used in this by-law shall not be limited to the singular form, and shall include the plural form of the word or term, where the context requires.

4.4            Words and terms in italics in this by-law shall have the following meanings:

Animal”                                                       means any animal kept in domestication or captivity, including any part of any animal whether it is dead or alive; any creature that is not human.

Animal Control Officer”                          means the person(s) duly authorized and appointed as Animal Control Officer and shall include person(s) duly authorized to act as assistant to the Animal Control Officer.

Authority Having Jurisdiction”             means the Rural Municipality of Rosedale and where the context requires, such Animal Control Officer or other authority lawfully appointed by the Rural Municipality of Rosedale to administer and enforce the provisions of this by-law.

C.A.O.”                                                        means the Chief Administrative Officer for the Rural Municipality of Rosedale.

Council”                                                     means the municipal council of the Rural Municipality of Rosedale.

“Fence”                                                        means a structure erected to confine animals and restrict their movement beyond the confines of the fence, and to prohibit them from running at large or roaming at will.

“Fence Viewer”                                           means any person duly authorized and appointed as a fence viewer, as designated by the authority having jurisdiction, for the purpose of inspecting fences within the municipality to ensure that they conform to any applicable statutes or regulations of the Province or this by-law.

Owner”                                                        means any person who keeps, possesses or harbors any animal or suffers any animal to remain about his premises within the Rural Municipality of Rosedale.

Person”                                                       means and includes any individual, corporation, partnership, firm, joint venture, syndicate, association or trust, and any other form of entity or organization.

Pound”                                                        means any building or enclosure, temporary or permanent, designated as a pound by the authority having jurisdiction.

Pound Keeper”                                          means any person duly authorized and appointed as pound keeper, as designated by the authority having jurisdiction, and shall include any person duly authorized to act as assistant to the pound keeper.

Running at Large”                                    in relation to an animal, means that the animal is not:

under the direct, continuous and effective control of a person competent to control it, or

securely confined within an enclosure, or otherwise so that the animal is unable to roam at will.

SECTION 5         Appointment of Officers

5.1            Council shall, by resolution of council, establish Pounds and appoint Pound Keepers and Animal Control Officers, and such additional Assistant Pound Keepers and Assistant Animal Control Officers as are deemed necessary.

5.2            The Pound Keepers may also be appointed as Animal Control Officers.

5.3            Each member of Council for the Rural Municipality of Rosedale is hereby appointed as a Fence Viewer for the municipality.

5.4            The positions of Animal Control Officer, Pound Keeper and Fence Viewers of the Rural Municipality of Rosedale, are hereby appointed as special constables of the Rural Municipality of Rosedale, for the purposes of carrying out their duties under this by-law herein, which, without restricting the generality of the foregoing, shall include the powers to serve Summons upon any and all persons who might be in violation of any of the provisions of the by-law herein, or any amendments thereto. 

SECTION 6         Application 

6.1        General Prohibitions

6.1.1         Any person who fails to comply with any order or notice issued by the authority having jurisdiction, or who allows a violation of the requirements of this by-law, or any other requirements of any other Officer authorized to inspect or enforce any statutes or regulations, to occur or to continue, contravenes the provisions of this by-law.

6.1.2         No person shall knowingly submit false or misleading information to the authority having jurisdiction.

6.1.3         Each contravention of this by-law or other applicable statutes or regulations is a separate offense, and is a continuing offense.

6.1.4         Each day the contravention continues is a separate offense, and is a continuing offense.

6.2        Running at Large

6.2.1         It shall be unlawful for any animal to run at large within the boundaries of the Rural Municipality of Rosedale, and the owner of any such animal, who permits their animal to run at large within the said municipality, shall be guilty of an offense.

6.2.2         An animal found running at large within the Rural Municipality of Rosedale, may be impounded by the duly appointed Animal Control Officer, who shall cause any such animal in his/her custody, to be kept at the pound.

6.2.3         No owner or person in charge of an animal shall allow it to run at largeAny owner or person who violates this requirement is in contravention of this by-law and shall be subject to impoundment of the said animal and shall be liable to pay the prescribed fees and fines as set out in this by-law, and any damages caused to any person, place to thing, by the animal running at large.

6.3        Damages

6.3.1         Any person may claim damages to his property, crops or any item which may be damaged by any other owner’s animals  running at large or trespassing.

6.3.2         Any person claiming damages as aforementioned, may apply to the Reeve of the municipality, within forty eight (48) hours, to have the damages assessed. Within twenty four (24) hours of receiving such application, the Reeve shall appoint three (3) disinterested persons to immediately appraise the damages done.  In the case of damages to crops, at least one of the three appointees shall be a Manitoba Crop Insurance Adjuster, and their decision shall be final.

6.3.3         In accordance with Subsection 7.2.2 of this by-law, notice of the time and place at which the three persons shall appraise the damages, shall be given to both the person claiming the damages, and the owner of the animal alleged to have done the damage.

6.3.4         Subject to Section 11, the decision of the damage assessors shall be final and binding upon the interested parties.  A notice of the decision shall be sent to all of the involved persons.

SECTION 7         Fences 

7.1        Requirements

7.1.1         Any owner of animals shall erect and maintain a suitable and proper fence for the purpose of containing the said animals, so that they cannot run at large or roam at will.

7.1.2         A suitable fence shall consist of, but not be restricted by, the following minimum requirements:

posts must not be broken or rotten and shall be of suitable quality so that they cannot be broken easily.

the distance between posts shall not exceed sixteen (16) feet,

barbed wire consisting of a minimum of 3 strands shall be stapled securely to each post, or

a single live wire run from an electric fencer for the purpose of using electric current to confine the animal(s), and secured to each post,

in the case of an electric fence, the fence must not be grounded or broken, so that electric current cannot continuously flow through the entire fence wire.  Adequate electric current to confine the animal(s) within the fence must be flowing through the fence wire at all times.

in the case of a suspension fence, the maximum distance between posts shall not exceed sixty (60) feet.

7.1.3         Any person erecting or required to have a fence, shall erect his/her own fence and shall not use any fences on adjacent property, not owned by the person in question, without the express written permission of the adjacent property owner.

              7.1.4         Any person erecting a fence shall ensure that the fence is entirely on his/her own property, and shall not be placed on the boundary line between adjacent properties, without the express written consent of the adjacent land owner.  When there is a municipal road allowance between the said properties, permission to erect a fence on the road allowance must be first obtained from the authority having jurisdiction. 

              7.1.5         No person shall deposit or cause to be deposited any object(s) that will interfere with any other persons fence. 

              7.1.6         No person shall deposit or cause to be deposited any object(s) on road allowances or any other public property without the express written consent from the authority having jurisdiction. 

7.2        Inspections

7.2.1         Any interested person may make application to a fence viewer of the municipality to have a fence inspected to ensure it follows the abovementioned requirements.  Within seven (7) days of receiving an application for inspection, a  written notice shall be given to all interested persons, stating the time and place that an inspection shall take place.

7.2.2         The abovementioned notice shall be given to the interested persons with a minium of 24 hours notice prior to the inspection.  The notice may be given in person or may be sent by registered mail.  Any person sent a notice by registered mail, prior to the expiration of the twenty four (24) hour notice period, shall be considered to have received proper and sufficient notice of the inspection.

7.2.3         On the date and time scheduled for the inspection, a minium of three (3) fence viewers shall proceed to inspect the fence in question, hear any evidence from any interested persons present and make a decision or order with regards to the inspection of the fence.

7.2.4         The fence viewers shall impose any conditions or requirements to make the fence in question comply with the requirements of this by-law or any other statutes or regulations that may apply, to ensure that the fence is of sufficient quality to prevent the running at large of any animals.  The decision of the fence viewers shall be final, subject to Section 11, of this by-law.  Failure to comply with the decision or order is an offense.

7.3        Decision of Fence Viewers

7.3.1         If the decision of the fence viewers is not complied with, and the time limit for appeal has expired, council shall order that the work required to remedy the contravention, be carried out by any person(s) appointed by the municipality, and the costs shall become a debt owed to the municipality by the person in contravention, and may be collected in any manner available to the municipality.

SECTION 8         Enforcement

8.1        Impoundment

8.1.1         For the purposes of investigating or taking into custody any animal,  the Animal Control Officer shall have the right to enter on public or private property, and to use a humane trap or to use whatever force as shall be reasonably necessary, to impound the said animal, including the injection of a tranquillizing fluid into the blood stream of the animal, by the use of any device designed for the purpose of propelling it, or having a tip containing a tranquillizing drug.

8.1.2         The person appointed Animal Control Officer for the Rural Municipality of Rosedale is hereby authorized and empowered and instructed to seize and immediately impound all animals in the Rural Municipality of Rosedale found to be running at large, and/or trespassing on land not owned or rented by the owner of the animal, or not in the continuous care and control of the owner of the animal.

8.1.3         It shall be the duty of the Animal Control Officer, immediately upon taking unto the care of the Pound Keeper any animal under the provisions of this by-law to notify the owner, of any such animal, if known.

8.1.4         It shall be the duty of the Pound Keeper to provide food, water and shelter to every animal impounded under the authority of this by-law.

8.2        Record of Pound

8.2.1         The pound keeper shall keep a record of every animal impounded, as per Schedule “A” hereto attached, and forming part of this by-law.  Such record shall show the description and particulars of each impounded animal, the day and hour of its’ impounding, redemption, sale or disposition, the name and address of the owner, the amount and particulars of all fees, fines, charges and of all monies received in respect of such animal and the name and address of the person paying the same and such other particulars as the C.A.O. shall direct.

8.2.2         The abovementioned record shall be open for inspection, at all reasonable times, by the Chief Administrative Officer, any member of council or the general public.

8.2.3         Before any animal is returned to the rightful owner thereof, all costs, fees or fines must be paid to the municipality, or to the pound keeper, by the owner of the said animal.

8.3        Notice and Sale of Impounded Animal

8.3.1         Upon impounding any animal the Pound Keeper shall, immediately thereafter and before the sale thereof, cause to be inserted in a newspaper, with reasonable circulation in the municipality, as well as two other conspicuous places in the community, a notice of sale describing the animal impounded, the age thereof as nearly as possible, sex and color, brand or mark of identification if possible, and the proposed date of the sale.

8.3.2         The aforementioned notice shall be posted for a minimum of fourteen (14) days, ending at least seven (7) days prior to the sale, and shall be placed in two (2) consecutive issues of a newspaper with local circulation, ending at least seven (7) days prior to the sale.

8.3.3         The abovementioned notice shall state that prior to the sale of the said animal, all accumulated costs must be paid by the purchaser of the said animal.

8.3.4         After the time period mentioned in Subsection 8.3.2 above and Section 11, the said animal may be sold at public auction, unless the said animal is redeemed in the manner hereinafter provided.

SECTION 9         Redemption from Pound

9.1        Fines and Penalties

9.1.1         Any impounded animal may be redeemed from the Pound upon the owner paying to the Animal Control Officer or the Pound Keeper, the sum of:

(a)   A pound fee of Twenty ($20.00) dollars per animal for the first twenty-four (24) hour period, or portion thereof.

A pound fee of Fifteen ($15.00) dollars per animal for each additional 24 hour period, or portion thereof.

A fee of Ten ($10.00) dollars per animal, for driving, transporting or causing the said animal(s) to be impounded and transported to the pound.

All other reasonable expenses incurred by the pound keeper in carrying out his/her duties as a pound keeper for the municipality.

The prescribed fine in accordance with Subsection 9.1.2 of this by-law.

9.1.2         In addition to anything else herein contained, any person violating any provision of this by-law shall be liable to pay to the municipality, a fine of not less than:

(a)   Twenty ($20.00) dollars for the first offence,

(b)   Forty ($40.00) dollars for the second offence,

(c)   Seventy-Five ($75.00) dollars for the third offence,

(d)   Seventy-Five ($75.00) dollars for any subsequent offence.

9.1.3         In the case of non-payment of the abovementioned fines and costs, the same may be levied by distress and sale of goods and chattels of the offender, and in the case of non-payment of the fines and costs and there being no distress, shall be liable to be imprisoned in the common jail for the Portage Judicial District in the Province of Manitoba, for a period not exceeding Ten (10) days.

9.1.4         All costs or fines collected under the within by-law, shall be the property of the authority having jurisdiction, and shall be paid to the C.A.O. of the Rural Municipality of Rosedale forthwith.  All pound fees collected by the Pound Keeper under the provisions of the within by-law, notwithstanding Subsection 10.1.1, shall be the property of the authority having jurisdiction, and shall be paid to the C.A.O. of the Rural Municipality of Rosedale forthwith.

SECTION 10       General 

10.1      Remuneration of Officers

10.1.1       For every animal impounded under the authority of this by-law, the Pound Keeper shall be entitled to the following:

A pound fee of Fifteen ($15.00) dollars per animal for the first twenty-four (24) hour period, or portion thereof, for providing the necessary food, water and shelter, and a pound fee of Ten ($10.00) dollars per animal for each additional 24 hour period, or portion thereof.

A fee of Ten ($10.00) dollars per animal, for driving, transporting or causing the said animals to be impounded and transported to the pound.

All other reasonable expenses incurred by the pound keeper in carrying out his/her duties as a pound keeper for the municipality.

10.2      Proceeds of Sale

10.2.1       Where any animal is impounded and sold by reason of not being claimed, the pound keeper shall deliver the proceeds of the sale, after deducting his/her accumulated expenses and fees, to the Chief Administrative Officer of the municipality, who shall retain the proceeds for a period of six months from the date of the sale, and if they are not sooner claimed, they shall become the property of the municipality and go into the general operating funds of the municipality.

10.2.2       Where the proceeds of the aforementioned sale are not sufficient to pay all the accumulated expenses, the balance remaining outstanding, after applying the proceeds of the sale, remain a debt owed to the municipality and may be recovered from the owner of the animal, by the municipality, together with any costs incurred in collecting the aforementioned debt, by any means available to the municipality.

10.2.3       The municipality shall pay to the pound keeper any balance of expenses that have been personally incurred by him/her, and for which he/her has not been reimbursed from the proceeds of the sale.  If the proceeds of the sale are not sufficient to cover the costs then the municipality shall reimburse the pound keeper, and collect the said amount from the owner of the animal by any means available to the municipality.

SECTION 11       Appeal 

              11.1          Any person aggrieved by any decision or order of the authorityhaving jurisdiction as to the impoundment of any animal or any other matter herein may, within Ten (10) days from the date of the decision, appeal to the Council.  All decisions or orders remain in effect during the appeal process.

11.2          Council may hear the appeal as a committee of the whole or by subcommittee especially established for this purpose.

11.3          Upon the hearing of an appeal, the Council may;

(a)   uphold, rescind, suspend or modify any decision or order given by the authority having jurisdiction;

(b)   extend the time within which compliance with the decision or order shall be made; or

(c)   make such other decision or order as in the circumstances of each case it deems just;

and the decision or order of the Council upon being communicated to the appellant, shall stand in place of the decision or order against which appeal is made, and any failure to comply with the decision or order is an offense.

SECTION 12       Passage

This by-law shall come into force and effect on the day following the day in which it receives third reading and is passed by the council for the Rural Municipality of Rosedale.

DONE AND PASSED as a by-law of the Rural Municipality of Rosedale, duly assembled in the Council Chambers  in the Province of Manitoba, this      th day of                       , A.D.              .

 

 

_________________________________

Reeve

 

 

 

_________________________________

C.A.O.

 

 

Read a first time this           th day of               , A.D.      .

 

Read a second time this     th day of               , A.D.      .

 

Read a third time this         th day of               , A.D.      .

 

 

TABLE OF CONTENTS

 

 

SECTION ONE:                                      Title

 

SECTION TWO:                                      Authority

 

SECTION THREE:                                  Enactment

 

SECTION FOUR:                                    Definitions

 

SECTION FIVE:                                      Appointment of Officers

 

SECTION SIX:                                        Application

 

6.1       General Prohibitions

6.2       Running at Large

6.3       Damages

 

SECTION SEVEN:                                  Fences

 

7.1       Requirements

7.2       Inspections

7.3       Decision of Fence Viewers

 

SECTION EIGHT:                                   Enforcement

8.1       Impoundment

8.2       Record of Pound

8.3       Notice and Sale of Impounded Animal

 

SECTION NINE:                                     Redemption from Pound

 

9.1       Fines and Penalties

 

SECTION TEN:                                       General

 

                                                                  10.1     Remuneration of Officers

10.2     Proceeds of Sale

 

SECTION ELEVEN:                               Appeal

 

SECTION TWELVE:                              Passage

 

 

SCHEDULE “A”                                     Record of Pound

 

 

SCHEDULE “A”

 

This is Schedule “A” to By-law No.

respecting

 

“Record of Pound”

 

Date:______________________

 

Name of Pound Keeper:_________________________________________________________

 

Location of Pound:_____________________________________________________________

 

Date Animals Impounded:______________________________________________________

(Date and Hour)

Species of Animal Impounded:___________________________________________________

 

Total Number of Animals Impounded:_____________________________________________

 

Location where Animals were Impounded:______________________________________       (Legal Description)

Owner of the Animals:__________________________________________________________

(If known)

Particulars of the Animals:

(If additional space is needed use 2nd form)

BREEDAGECOLORSEXBRANDTAG #OTHER PARTICULARS(Continued on next page)

 

Summary of Fees and Fines:

 

Number of Animals _____ X $20.00 (1st 24 hour period) …………………………..= $_______

Number of Animals _____ X $15.00 (additional day) X Nmber of day       = $___________

Fine Charged:(20.00), (40.00), (75.00) or (75.00 x ____ Offense) …………..      =$_______

Offense:1st       2nd      3rd             4th and up

Number of Animals _____ X $10.00 (transportation fee) …………………………….=$_______

Other miscellaneous charges:________________________________________=$_______

_______________________________________________________________  =$_______

_______________________________________________________________  =$_______

 

Total Fees and Fines……………………………………………………………………       =     $_______

 

Amount Received at Auction: …………………………………………………….          =     $________

 

Total Amount Received from Pound Keeper………………………………….     =     $_______

 

Redeemed from Pound:______________               Amount Paid:_______________________

 

Date Redeemed:____________________

Sold at Auction:____________________               Amount Received:___________________

 

Name and Location of Auction:_________________________________________________

 

Date of Auction:________________________________________________________________

 

I, hereby certify that the above information is to the best of my knowledge, accurate and correct.

 

_________________________________               __________________________________

Name of Pound Keeper (Please Print)                     Signature of Pound Keeper

 

RURAL MUNICIPALITY

OF Rosedale

 

 

 

ANIMAL CONTROL

 

BY-LAW

 

NO.

 

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