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Animal Services Bylaw

NEW! Important information about the City’s proposed Animal Services Bylaw

We Want to Hear from You!

We are excited to announce the unveiling of a new Animal Services Bylaw, which replaces the City’s Animal Control Bylaw 05/2020, and this is your chance to have your say in how we approach the care and management of animals in our community.

Read the draft bylaw: Animal Services Bylaw 07-2024

Have your say by reading the content below and submitting your feedback to animalservices@dauphin.ca or click below to complete a Survey.

Survey for Public Feedback on Animal Services Bylaw 07/2024

Introduction to the New Animal Services Bylaw

Animal Services Bylaw 07/2024 is the product of extensive research into current animal-related studies and bylaws governing animal management from across North America. It reflects a positive relationship between the City and pet owners that encourages an elevated standard for the care of companion animals and a commitment to responsible pet ownership that will result in increased peace, order, and safety in our community. The proposed bylaw also attempts to strike a balance between regulating the standard of animal care and management for what has been determined through research to be the greater good, and respecting the individual rights of pet owners and attempting to avoid over-regulating where it is not needed.

The current Animal Control Bylaw 05/2020 was a significant improvement over the previous long-standing Animal Control Bylaw 3939 adopted in 1984, but it has been completely overhauled and rewritten to reflect progressive trends and best practices gleaned from many hours of research and great thought, care, and consideration to make the absolute best of this opportunity to create a positive shift in animal care and management in Dauphin. It is our hope that this bylaw will serve as a new model for other municipalities in Manitoba to follow, so that animal rescue volunteers, who are exhausted and stretched beyond their capacity, will finally see support from local government that will reduce strain on their resources. By implementing this forward-thinking legislation, we are laying the groundwork for sustainable, humane animal management practices that can positively impact both animal welfare and public safety across our municipality and beyond. 

Bylaw Title

We wanted the title and terms of this bylaw to reflect a shift from “control” to “management” and from a punitive relationship with pet owners to one that supports and encourages them to make good decisions that will positively impact their animals and their neighbourhoods. 

“Animal Services Bylaw” is simple and generic and aligns with the recommended terms for Animal Control Officer (now Animal Services Officer) and the Pound (now Animal Services Centre) and also with City Animal Services, the title for this department of operations.

Number of Animals Permitted

The current limit of 2 dogs and 2 cats is somewhat restrictive compared to many Canadian municipalities that were reviewed. The following are examples of pet limits in other cities:

•    City of Selkirk: 4 companion animals; maximum 2 dogs (so a person could have, for example, no dogs and 4 cats, 1 dog and 3 cats, etc.)

•    City of Winnipeg: 6 dogs and cats; no more than 4 dogs

•    City of Calgary: 6 dogs and 6 cats

•    City of Nanaimo: 4 dogs and 5 cats

•    City of Brampton: 6 dogs and cats; no more than 3 dogs

•    City of Toronto: 3 dogs and 6 cats

•    City of Victoria: 6 dogs or cats in any combination

In the proposed bylaw, 6 companion animals would be permissible, including not more than 3 dogs over the age of 8 weeks and not more than 5 cats over the age of 12 weeks, excluding Service Animals. For example, you could have 1 dog and 5 cats, 2 dogs and 4 cats, 3 dogs and 3 cats. Increasing the number of companion animals allowed on a property, while increasing standards for animal welfare and management, is a responsible way to create opportunities for more dogs and cats to be adopted from animal rescue organizations/shelters, which are stretched beyond their capacity.

The new bylaw permits no more than 6 rabbits and 4 guinea pigs per property to prevent animal hoarding issues.

Prohibited Animals

The new bylaw provides a much more comprehensive list of prohibited animals, which includes (among many others) chickens, goats, bees, large rodents, venomous/poisonous animals, and most marsupials. It does allow domestic ferrets, sugar gliders, African pygmy hedgehogs, certain types of (“pet”) tarantulas, small lizards, and snakes of the Pythonidae and Boidea (anaconda) families up to 2 metres in length as long as they are kept inside.  

Animal Cruelty & Basic Animal Care

The new bylaw strictly prohibits any act of cruelty upon an animal, including abandoning an animal, use of body-gripping traps, and confinement in conditions that result in distress. Animals must be provided with adequate food, shelter, potable unfrozen water (snow is not a replacement for water), adequate natural light, regular exercise, a sanitary living environment, and veterinary care when sick, injured, or suffering.

Outdoor Shelter Requirements

The current/old bylaw has very loose specifications for outdoor shelters for dogs kept outside. The new bylaw requires outdoor shelters to be weather-proofed and insulated, and must include clean, dry bedding that will assist with maintaining normal body temperature.

Tethering

The current/old bylaw does not speak to tethering (tying out) and specifies only that an animal may not be impounded, yarded, or confined without necessary food, water, shelter, or attention for more than 15 consecutive hours. This means that an animal could be confined for longer than 15 consecutive hours as long as these needs are met. This law is regressive and needs to change to reflect current research that clearly indicates that tethering an animal creates significant psychological distress and that tethered animals are far more likely to become aggressive and attack out of fear and frustration. 

Attitudes towards tethering in Manitoba are in dire need of change. A full restriction on unattended tethering would be ideal; however, to be realistic given the lax requirements of our current bylaw and the need for pet owners to adjust and build suitable enclosures, the proposed bylaw would permit tethering for no more than 4 consecutive hours and for a total of no more than 8 hours in a 24-hour period. We plan to review this regulation in two years to determine whether tighter restrictions on tethering would be warranted, but this change is a good first step forward.

California has the most progressive tethering laws in North America, fully prohibiting tethering a dog to a stationary object, but allowing a dog to be tethered “no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period”.

Many other states in the United States impose time limit restrictions for tethering. In Massachusetts, for example, dogs cannot be tethered for more than 5 hours in a 24-hour period and cannot be tethered outside from 10:00 p.m. to 6:00 a.m., unless the tethering is not for more than 15 minutes and the dog is not left unattended.

In Delaware a dog may not be tethered for more than two hours when the dog owner or a responsible person is not present on the property. 

In Canada, Winnipeg, Calgary, Toronto, and many cities in British Columbia have the most progressive tethering laws. 

City of Winnipeg – The owner of a dog must ensure that the dog is not tethered, chained, or housed outdoors or in a similar structure or otherwise kept outdoors for prolonged periods of time; must ensure that a resident of the property is at home and that the dog is being actively supervised at all times when placed outdoors of the residence on the owner’s property or on the property of another person who has consented to the presence of the dog. 

City of Toronto – No person shall tether an animal unsupervised for longer than one hour. 

City of Calgary – The owner of an animal must ensure that such animal is not left tethered or tied up in a residential yard unless the owner is outside with the dog at all times or the owner is able to maintain visual view of the dog at all times. 

Township of Esquimalt – No person shall cause an animal to be hitched, tied, of fastened to a fixed object by a rope, chain, or cord that is directly tied around the animal’s neck, or to a choke collar, for an extended period of time, and in any event for not more than 30 minutes.

City of Nanaimo – A person must not cause, allow, or permit an animal to be tethered to a fixed object for longer than 2 hours within any 24-hour period. 

Enclosures

The new bylaw specifies that a person must not confine a dog to an enclosure for a period in excess of 8 hours within any 24-hour period. An enclosure in this case means an outdoor kennel or structure forming a pen suitable to confine an animal in a humane manner that provides sufficient space for the animal to freely move about. This does not refer to a fenced yard. 

Animals in Vehicles

The new bylaw specifies that a person must not leave an animal in an unattended vehicle if the ambient temperature outside the vehicle is higher than 22 degrees C or lower than -10 degrees C unless the vehicle’s climate control system is active. This temperature range comes directly from The Animal Care Act. Animals in distress due to a violation of these guidelines can legally be removed from the vehicle by authorized officers.

The new bylaw also specifies that an animal must not be transported in a motor vehicle outside the passenger compartment or in an uncovered passenger compartment unless the animal is adequately confined in a ventilated kennel securely fastened to the vehicle or secured in a body harness or other manner of fastening that is adequate to prevent the animal from jumping or falling off the vehicle or otherwise injuring itself.

Animal Performances

The new bylaw prohibits shows or performances where animals are required to perform tricks or fight for the entertainment of an audience. This would include circuses where animals are forced to perform for an audience, but it would not include exhibitions, parades, or performances involving horses/ponies or dogs, displays or shows of animals at agricultural fairs or pet shows, or magic acts as long as the animals are treated humanely.

Pet Licensing

Under the current/old bylaw and process, dogs and cats were required to be licensed annually, with proof of current rabies vaccination required at the time of each licensing and renewal. The new bylaw and process would allow for one-time (lifetime) licensing for dogs and cats with no proof of rabies vaccination required. The dog or cat would be issued one tag and number that they would keep for life. Animal Services would increase the enforcement of pet licensing with the goal of having every pet in Dauphin accounted for.

Pet Licensing Fees

A tiered fee structure would incentivize the sterilization of dogs and cats. For example, lifetime licensing for a sterilized cat would be FREE whereas a lifetime Unsterilized Cat Licence would be $125 (which would be fully refunded if the cat is sterilized within three months of licensing). For dogs, the lifetime fees would be $100 for sterilized dogs and $200 for unsterilized dogs (with $100 refunded if the dog is sterilized within three months of licensing).

Rabies

Under the new bylaw, proof of rabies vaccination would not be required at the time of licensing, which creates an administrative burden and hinders licensing; however, there would be an increased fee applied for any dog or cat impounded for running at large if they are unvaccinated for rabies. If people are responsible and keep their pets contained, then rabies is not a significant concern. We are more concerned about rabies risk for dogs and cats that tend to roam, so these increased redemption fees will help us to target these higher risk pets. Owners can also be fined for not vaccinating their dog or cat for rabies.

Animals on Public and Private Property

It is already the case that dogs and cats are not permitted to be at large in the community, and under the proposed bylaw this requirement would continue. Seizing cats trespassing on private property would be conducted by complaint only; the Animal Services Officer will not be rounding up uncontained cats.

All dogs must be controlled on a leash when in public (with the exception of the Off-Leash Dog Park). The current/old bylaw specifies that the leash must be no longer than 6 feet (2 metres) fully extended. The new bylaw does not specify a maximum required length for the leash, but it must be of a length that prevents the dog from reaching persons or other dogs at a minimum distance of 2 feet (.6 metres). Both static and retractable leashes are permitted.

Off-Leash Dog Park

The proposed bylaw outlines the regulations for use of the Off-Leash Dog Park, which are absent from the current bylaw. It applies specific rules for off-leash dog park use, including the requirement that dogs be licensed, prohibiting food of any kind in the park, and imposing a maximum of 3 dogs per handler.

Animal Nuisances (Noise, Waste, Property Damage)

The new bylaw strengthens regulations to address noisy dogs, animal waste, and property damage.

Muzzle and Control Orders

The new bylaw avoids labeling any dog as an “aggressive dog”, a “vicious dog”, or a “dangerous dog”. Instead, it focuses on aggressive behaviour to reinforce the notion that most dogs are not inherently “bad” and can be rehabilitated with proper training. Following from this, instead of labeling a dog with an “Aggressive Dog” designation, a dog that displays aggressive behaviour can be the subject of a Muzzle and Control Order, which outlines restrictions that the owner must follow to protect the public, including using a humane muzzle on the dog when out in public. Owners can apply to have the Order repealed after two years if there have been no further incidents of aggression and if the dog has undergone professional training to address the behaviour.

Trap, Neuter, Return (TNR) Program

The new bylaw permits the City or a not-for-profit entity to operate a Trap, Neuter, Return Program whereby feral/stray cats are humanely trapped, sterilized, vaccinated, ear-tipped (for easy identification), and returned to the neighbourhoods from which they came, where they would become Community Cats. The Program would allow volunteers to register as Community Cat Caretakers whereby they would be permitted to feed and provide shelter for these Community Cats to support their survival during the winter months. Cats provide excellent rodent control, and TNR is a humane method to reduce the numbers of feral/stray cats over time.

Breeding

The City of Winnipeg is the only municipality that regulates the breeding of dogs and cats in Manitoba. Breeding requirements are included in The Animal Care Act, but they are rarely enforced. The new bylaw requires an owner of a dog or cat that will be used for breeding purposes to pay a fee for a Breeding Permit. This is designed to prevent the “backyard ” and unintentional breeding of dogs and cats in Dauphin that is contributing to the overpopulation of puppies and kittens. Breeders would be subjected to inspections to ensure compliance with all parts of Section 3 (Animal Welfare) of the bylaw, and the owner may only allow the dog or cat to have up to one litter per year and up to four litters during the animal’s lifetime. Breeding without a permit would incur fines.

Public Consultation

Animal Services Bylaw 07/2024 passed 1st Reading at the regular Council meeting of November 18, 2024. We invite public engagement on the proposed bylaw before it goes to Council for 2nd and 3rd Reading, either by completing the survey or submitting feedback to animalservices@dauphin.ca. Feedback closes on December 5, 2024.