september 22, 2014 council agenda website

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A G E N D A

CITY COUNCIL MEETING

September 22, 2014 – 7:00 p.m.

CALL TO ORDER

ADOPTION OF MINUTES:

Moved by: Councillor

Seconded by: Councillor

RESOLVED THAT the minutes of the Regular Meeting of Council held at City Hall on Monday,

September 8, 2014 be adopted as circulated.

DELEGATIONS: None

HEARINGS:

1. Variation PC 69-14 Mellco Developments, 13 & 15 Carlyle Bay

COMMITTEES

Finance, Legislative & Property Committee

1. By-Law #14-8623, Council Indemnities, 2nd

& 3rd

Reading

2. 2014 Added Taxes/Deletions – Batch 1

3. Management/ Confidential Employees Manual

City Planning & Economic Development Committee

1. Variation PC 69-14 Mellco Developments, 13 & 15 Carlyle Bay – Dealt with in Hearings

2. Conditional Use Extension PC 72-14, Mellco

3. Variation Extension PC 73-14, Mellco

4. Variation Extension PC 74-14, Mellco5. July 2014 Building Reports

Public Safety Committee

1. By-Law 14-8625 – Amendment to Animal Control By-Law Re: Restricted Animal Permits – 1st Reading

Waterworks Committee

Nothing to report.

Transportation Committee

Nothing to report.

Community Services Committee

1. Disc Golf Course Agreement

2. PRRA Quarterly Report – For Information Only

DEFERRED BUSINESS: None



2 of 2

NEW BUSINESS:

1. 2014 Added Taxes/ Deletions – Batch 2

2. By-Law #14-8624, 2015 Fees and Charges, 1st Reading

3. Engineering Contract Scope Change for the Evaluation of the Disinfection System

4. By-Law 14-8626, Amendment to City Manager By-Law 13-8606 – 1st Reading

OLD BUSINESS: None

ADJOURNMENT



PORT GE L PR IRIE PL NNING DISTRICT

To: Planning & Economic Development Committee

File Number: PC 69-14

Date to Committee: September 8, 2014

Date to Council: September 22, 2014

RE: Request for Variation

Applicant/Owner: Mellco Developments Ltd. Address: 13 and 15 Carlyle Bay /

Lots 18 and 17 Block 4 Plan 35629, Parish of Portage la Prairie

ISSUE:

To vary front yard requirement of 7.5m down to 6m.

ALTERNATIVES:

1. To APPROVE the variation application.2. To DENY the variation application.

BACKGROUND:

Mellco Developments Ltd. is applying for a variation order to allow the front yard

requirement of 7.5m to be reduced to 6m. The applicant wishes to allow room inrear yards for decks and to match up the front yards to existing houses that havebeen previously granted reductions.

Mellco Developments Ltd. has received similar blanket variations for front yardreductions for other areas in this development. They are as follows: PC 7-04,minute reference 103/04; PC 24-04, minute reference 146/04; PC 25-05, minutereference 146/05; PC 20-06, minute reference 141/06; PC 53-08, minutereference 240/08 and extension PC 69-09, minute reference 248/09; PC 64-10,minute reference 232/10 and extension PC 53-11, minute reference 229/11;PC 67-12 minute reference 231/12 and PC 63-13 minute reference 254/13. Theoriginals and extensions for 13 and 15 Carlyle Bay have now run out andapplicant is now re-applying to have these houses match to the existing.

This building is in an ‘R1’ Residential Single Family Zone.

The application has been circulated to the various City Departments with noconcerns.

Public notices have been sent to all property owners within a 100 meter radius.



RECOMMENDATION:

THAT the Council of the City of Portage la Prairie approve the variation requestof Mellco Developments Ltd. to vary the front yard requirement of 7.5m down to6m at the properties known as 13 and 15 Carlyle Bay which are legally describedas Lots 18 and 17 Block 4 Plan 35629, Parish of Portage la Prairie.



Report to Council

To: Finance, Legislative and Property Committee

From: Administration

File #:

Date: September 8, 2014

Re: Council Indemnities By-Law 14-8623 for 2014 to 2016

ISSUE:

To approve the indemnities increase for Council for 2014 to 2016.

ALTERNATIVES:

1. To approve indemnities increase for Council for 2014-2016.2. To not approve indemnities increase for Council for 2014 -2016.

BACKGROUND / ANALYSIS:

Council indemnity by-law sets out provisions for benefits and salaries for members of Council.

A survey of council indemnity in neighbouring municipalities was conduct to give Council some

context around the establishment of the proposed bylaw.

Municipality Process Note

City of Brandon Consumer Index Increase Automatic yearly increase

based on CPI in Manitoba

City of Dauphin Tied to CUPE increases Automatic increase

Town of Neepawa No established process Last increase in 2011, no

interest to increase at this

time

City of Steinbach Equal to average salary

increase for employees

It has been City Council’s past practice to increase its indemnity and benefits based on the

approved City employee salary increase. At this time, it is proposed that the indemnities for

Council be increased 1.5% for 2014 (retroactive to January,) 2% for 2015 and 2% for 2016.



ADMINISTRATIVE RECOMMENDATION:

For Council Meeting September 8, 2014

That By-Law 14-8623 being a by-law for the indemnity increase for Council for 2014 to 2016 be

now read a first time.

For Council Meeting September 22, 2014

That By-Law 14-8623 being a by-law for the indemnity payment frequency for Council for 2014 to

2016 be now read a second time.

THAT By-Law 14-8623 be read a third time, finally passed, signed and sealed.



City of Portage la Prairie

BY-LAW NO. 14-8623 BEING A BY-LAW OF THE CITY OF PORTAGE LA PRAIRIE to provide for the payment of indemnities to members of Council for 2014, 2015, 2016.

WHEREAS the Municipal Act C.C.S.M. c225 (the Act) provides as follows:

124(1) In this section,

“compensation” includes a fee, salary, wage or any other payment forlabour or services, however determined;

“expense” means an expense incurred by a member of a council orcouncil committee in attending to municipal business, and includesautomobile expenses or mileage, travel expenses, living expenses,

registration and tuition fees, the costs of materials for a meeting,conference or course, out-of-pocket expenditures and any other expense provided for in a by-law.

“municipal business” means a duty or function that a member of acouncil or council committee is required to carry out under this or anyother Act or a by-law or resolution, and includes attending a meeting,conference or course of instruction that relates to municipal purpose.

124(2) A municipality may by by-law set the types, rates and conditions of payments to be made to or on behalf of members of the council andcouncil committees, other than the committee of a local urban district,

a) as compensation for attending to municipal business; b) for expenses incurred while attending to municipal business; andc) for any other purpose relating to municipal business that the council

considers appropriate.

124(3) A member of a council or council committee may be paid and may acceptan amount paid under a by-law passed under subsection (2).

124(3) The annual financial statements of a municipality must show the amountof compensation, expenses and any other payment made to each personwho is a member of the council or a council committee in sufficient detailthat the type of each payment and the total amount of payments made to oron behalf of each member can be determined.

AND WHEREAS it is deemed expedient to provide for the payment of indemnities tomembers of Council;



NOW THEREFORE THE MAYOR AND COUNCIL OF THE CITY OF PORTAGE LAPRAIRIE IN OPEN SESSION ASSEMBLED, HEREBY ENACT AS FOLLOWS:

1. This By-Law shall be known as the “Council Indemnity By-Law”.

2.

There shall be paid to each member of Council during his/her term of office, thefollowing bi-weekly indemnity;

To the Mayor:

From Pay 1, 2014 to Pay 26, 2014 $1386.81From Pay 1, 2015 to Pay 26, 2015 $1414.55From Pay 1, 2016 to Pay 26, 2016 $1442.84

To the Deputy-Mayor:


To each Councilor:


And of these amounts, one-third shall be deemed to be for expenses incident to the

discharge of their duties, in accordance with The Income Tax Act.

3. There shall be paid to each member of Council who is authorized to go beyond thelimits of the City to attend to municipal business, a per diem of $150.00 per day foreach day that the member is actually engaged in that business, a day being deemed to be a period of time not less than 4 hours in duration, and of this amount, one-thirdshall be deemed to be for expenses incident to the discharge of his/her duties, inaccordance with The Income Tax Act.

4. BENEFITS – Dental Coverage – The City shall pay 100% premium cost of a DentalPlan. Manitoba Blue Cross will be the carrier of the plan. Pursuant to the terms of the

Dental Plan coverage will be provided to members of Council and eligibledependants. Dental coverage under this plan is as follows:

• 100% coverage on basic services

• 50% coverage on major services;

• Orthodontic $2000 lifetime maximum per eligible employee andeligible dependants.



Vision Care – The City shall pay 100% premium cost of the Vision Plan. The VisionCare package shall be as follows:

• 100% coverage every 24 months

• Benefit shall be $200.00 per member of Council and eligible

dependants.

5.

That By-Law #148617 be rescinded.

6. This by-law shall be in force the day after passing.

DONE AND PASSED AS A BY-LAW OF THE CITY OF PORTAGE LA PRAIRIEBY COUNCIL THEREOF IN OPEN SESSION ASSEMBLED THIS___ DAY OF ________ , A.D. 2014.

Mayor

Manager of Administration

READ A FIRST TIME the day of , A.D. 2014

READ A SECOND TIME the day of , A.D. 2014

READ A THIRD TIME the day of , A.D. 2014



Report to Council



File #:

Date: Sept 8, 2014

Re: 2014 Added Taxes/Deletions

ISSUE:To add to / delete from the City of Portage la Prairie assessment roll for the year 2013 and 2014, a listof assessments provided by the Municipal Assessment Branch under Section 326 of the Municipal

Act.

ALTERNATIVES:1. To bill and cancel taxes2. To not bill nor cancel taxes

ANALYSIS:

The assessors have provided a list of additions and deletions to the assessment roll. Council maycancel any taxes, debt or monies owing to the City.

This report is made up primarily of new homes and additions or renovations on existing residences.

The additional tax revenue budgeted for 2014 was $125,000 based on building permits issued in 2013and estimated new assessment growth. Any amount over $125,000 will be transferred to the GeneralReserve. The actual amount of added taxes received from the Assessors at this time is $148,660.Another report on additional taxes from the Assessors is expected at a later date with commercialassessment changes.

Also included in the schedule attached is a list of taxes for cancellation. The cancellations amount to$10,113 and are charged off to an allowance account.

Any appeals for these supplemental bills will be presented at the regularly scheduled Board ofRevision Hearing set for November 10, 2014.


THAT pursuant to Section 326 of The Municipal Act, the Council of the City of Portage la Prairieauthorize the 2014 reported additions and deletions to the assessment rolls and realty taxes of the Cityof Portage la Prairie as provided by the assessors.



Additions: Assessed Portioned

Class Value Value

2013 10T 4,435,100 1,995,930

30T 75,600 19,670

4,510,700 2,015,600

2014 10T 2,463,500 1,108,640

10E 3,400 1,530

60T 24,300 15,800

2,491,200 1,125,970 Addition Details:

129,848$ new homes

14,422$ additions/reno's to existing

2,508$ taxable to exempt or class change

1,882$ new plans

-$ reinspection (adjustment by assessor)

Total Taxes Added Revenue - Batch 1 148,660$

Note: More Commercial assessment coming later

148,660$ Note: 2014 budget is $125,000

General Reserve Transfer - anything over

$125,000

Cancellations: Assessed Portioned

Value Value

2013 10T 120,800 54,370

12T 42,800 19,260

60T 12,100 7,870

175,700 81,500

2014 10T 140,500 63,250

10E 23,600 10,620

11G 151,600 68,220

12T 100 5060T 64,700 42,050

60E 30,200 19,630

410,700 203,820

Cancellation Details:

(2,697)$ reinspection (adjustment by assessor)

(4,887)$ removals/demolitions

(657)$ taxable to exempt or class change

(1,872)$ new plans

(10,113)$



Report to Council



File #:


Re: Management & Confidential Employee Manual

ISSUE:

To review the Management & Confidential Employee Manual changes and salary increases


Management & Confidential Employee Manual for 2014 to 2016 will be adjusted with the followingchanges similar to the settlement with CUPE:

• The addition of a $500.00 Wellness and Education Allowance.

• The adjustment of premium cost sharing for Group Life Insurance. Group Life is now paid100% by the employer.

• Salary increases of 1.5% in 2014, 2.0% in 2015 and a 2% wage increase with a CPI review

to a max increase of 2.5% (0.5% in addition to the original rate) to be negotiated prior tothe 2016 budget deliberation.

• The removal of the word By-Law to Manual. The last record of being a by-law was in

2006 #06-8328. In 2008 and 2011 the Management & Confidential Employee Manual wasapproved by resolution.

The Fire Chief and Deputy Chief salary increases are the same except for 2014, which is 5%.Previous Managements agreements have addressed the compression issues of wages between theunion employees and management by ensuring management receives the same increase as the uniongroup they manage to maintain a consistent spread between wages. The 5% for 2014 correspondswith the salary increase received by the firefighters in the 2012-2014 collective agreement. The FireChief and Deputy Chief salary increases for 2015 and 2016 will be reviewed to correspond with thefirefighters once the 2015 -2017 IAFF negotiations are completed.

Council requested that Administration conduct a survey with other similar municipalities as it relatesto wage increases for the Fire and Deputy Chief’s, specifically to which union group do othermunicipality’s tie those wage increases to. Administration received a wide range of responsesregarding this topic. The City of Brandon and Weyburn have tied their wage increases for the Chief’sto the IAFF contract; whereas Red Deer give the Chief’s a Market Value Adjustment (MVA) of 25%.The attached chart gives further detail to the spread registered between each level of employees at thedifferent Fire Departments who responded to the survey request.



City Fire

Chief

Deputy

Chief

Spread

betwee

n Chief

and

Deputy

Capt Spread

betwee

n

Captain

and

Deputy

Level 1

Fire Ft

Spread

between

Captain

and

Level 1

Spread

between

Deputy

and

Level 1

Same as

IAFF or Out

of

Scope/MGT

Portage

(1.5

increase)

97734 89425 9

75449

16 65085 14

28% 2003-2006

IAFF +

CUPE +

MG

increases

were the

same

Portage

(5

increase)

101104 92508 9

75449

19 65085 14

30% 2007 -

2011

increases

the same

as IAFF

2012 -

2013

increases

the same

as

MG/CUPE

Weyburn 96720 74880 23 No

captai

ns

na 66202 na

12% Currently

same, but

may need

to look

further

*Red

Deer

150373

134471

11

124517

8 92235 26

32% No – but

this

position

gets a

25 MVA

Only

select mg

position

get the

MVA

Brandon 148683

131002

12 95639 27 80369 16

39% Yes


That the Council of the City of Portage la Prairie approve the salary increases and manual changes for

the Management and Confidential Employee Group for 2014, 2015, and 2016.

Furthermore, that the Council of the City of Portage la Prairie recognizes that to avoid salarycompression, management salary increases will reflect the increases registered by the associated uniongroup supervised by each manager, except for the City Manager who will negotiate wage increasesdirectly with Council.




To: Planning & Economic Development Committee

File Number: PC 72-14

Date to Committee: September 8, 2014

Date to Council: September 22, 2014

RE: Request for Conditional Use Extension Applicant/Owner: Mellco Developments Ltd / 5371431 Manitoba Ltd.Legal/Civic: 1,3,5,7,9,11,13,15,17,95,97,99,101,103 Mellco Drive /

Lots 1/5 Block 1 and Lots 3/11 Block 2 Plan 55015,Parish of Portage la Prairie(previously Lot 39 Block 1 & Block 6, Plan 53601)

ISSUE:

To allow an extension of the original conditional use of Mellco Developments Ltd(PC 64-13) for single family dwellings (14 houses) to be built in an ‘R3’Residential Multiple Family zone.

ALTERNATIVES:

1. To APPROVE the conditional use application as presented.2. To APPROVE the conditional use application with conditions.3. To DENY the conditional use application.

BACKGROUND:

Mellco Developments Ltd has requested an extension to their original conditional

use order, which was passed by Resolution No. 237/13 on September 23, 2013,for an additional 12 months (see attached copy of Conditional Use Order).These properties have been recently subdivided which has created new legaldescriptions.

The Planning Act, Section 110 states: “(1) The approval of a conditional useunder this Part will expire and cease to have any effect if it is not acted uponwithin 12 months of the date of decision. (2) A board, council or planningcommission may extend the deadline under subsection (1) for an additionalperiod not longer than 12 months if an application is received before the initialdeadline.”

As per the attached original conditional use order on this matter,administratively, we have no concerns with the application for an extension tothe original conditional use order and as such, would recommend approval.



PLANNING DISTRICT RECOMMENDATION:

THAT the Council of the City of Portage la Prairie approve the request of MellcoDevelopments Ltd to extend the original conditional use order (PC 64-13) at theproperties 1,3,5,7,9,11,13,15,17,95,97,99,101,103 Mellco Drive which are legallydescribed as Lots 1/5 Block 1 and Lots 3/11 Block 2 Plan 55015, Parish of Portagela Prairie.



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FL~ R7~ 4

FR4h? ~

FL4MVL~ 517E CT

800 Saskatchewan Ave.

W.

Portage

a Prairie, Manitoba R1N 0M8

Phone: 204 239-8345 Fax: 204 239-8319

www. ptciplanningdistrict.ca

UNDER THE PLANNING ACT

CONDITIONAL

USE ORDER BY THE

CITY

OF

PORTAGE LA PRAIR IE

CONDITIONAL

USE ORDER NO.: PC

64-13

WHEREAS Melico

Developments

Ltd are the registered

applicants

of

property

legally

described

as Lot 39 Block

and

Block 6 Plan

53601,

Parish

of Portage Ia

Prairie,

which

land

is

located within

the City

of Portage Ia Prairie applied to the Council of the

City

of

Portage Ia Prairie for approval

of

a conditional use under the City

of

Portage Ia Prairie

Zoning By-Law

10-8492 and amendments

requesting permission to allow single family

dwellings

14 houses to be

built in

an ‘R3’ Residential Multiple Family zone as

per

condition of

subdivision 4550-1

3-7093.

After careful

consideration

of the

application

and any representations made for

or

against

it the

Council

of

the City

of Portage Ia

Prairie in

meeting duly assembled the

23rd

day of

September, 2013.

APPROVED

the said application with no conditions.

THIS ORDER SHALL EXPIRE IF

NOT

ACTED

UPON

WITHIN TWELVE 12 MONTHS

OF THE DATE OF

MAKING.

AN EXTENSION MAY BE REQUESTED PRIOR TO THE

TWELVE 12 MONTH EXPIRY DATE.

Minute

Reference: 237/13

Kineim

Brookes, CBCO

Development Officer Building Inspector

TO : Applicant

Presenter

if any

City

of

Portage

Ia Prairie

Community and

Regional Planning




To: Planning & Economic Development CommitteeFile No: PC 73-14

Committee Date: September 8, 2014

Council Date: September 22, 2014

RE: Request for Extension for Variation Applicant/Owner: Mellco Developments Ltd / 5371431 Manitoba Ltd

Address: 5,7,17,19 Spence Lane; 5/8, 17/20 Tyler Place;6, 8, 18, 20 Mellco Drive/Units 1/4, Units 13/16 Plan 55863; Units 1/4 , Units 13/16 Plan55862, Parish of Portage la Prairie

(previously portions of Block 4 and 5 Plan 53601)

ISSUE:

To allow an extension of the original variation of Mellco Developments Ltd(PC 65-13) to vary the

1) Front yard requirement of 7.5m to be reduced to 6.1m;2) Side yard requirement, when on a corner lot, of 3.6m to be reduced to

3m.

ALTERNATIVES:

1. To APPROVE the extension to variation application.2. To DENY the extension to variation application.


Mellco Developments Ltd has requested an extension to their original Variationorder, which was passed by Resolution No. 239/13 on September 23, 2013 foran additional 12 months (see attached copy of Variation Order).These properties have been recently subdivided which has created new legaldescriptions.

The Planning Act, Section 101 states: “(1) A variance order will expire and ceaseto have any effect if it is not acted upon within 12 months of the date of

decision. (2) A board, council or planning commission may extend the deadlineunder subsection (1) for an additional period not longer than 12 months if anapplication is received before the initial deadline.”

As per the attached original variation order on this matter, administratively, wehave state concerns or no concerns with the application for an extension to theoriginal variation order and as such, would recommend approval.



RECOMMENDATION:

THAT the Council of the City of Portage la Prairie approve the request of MellcoDevelopments Ltd to extend the original variation order (PC 65-13) at theproperties 5,7,17,19 Spence Lane; 5/8, 17/20 Tyler Place; 6, 8, 18, 20 MellcoDrive which are legally described as Units 1/4, Units 13/16 Plan 55863; Units 1/4 ,

Units 13/16 Plan 55862, Parish of Portage la Prairie.



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PORTGGE l

PRII R L?

P ~VtYlNGDiSTRiCT

800 Saskatchewan

Avenue

West

Portage la Prairie, Manitoba R1N

0M8

Phone: 204

239-8345 Fax:

204

239-8319

www.ptgplanningdistrict.ca

UNDER THE PLANNING ACT

VARIATION

ORDER

BY THE

CITY

OF

PORTAGE LA PRAIRIE

VARIATION BOARD

VARIATION ORDER

NO:

PC

65-13

WHEREAS Melico Developments

Ltd,

applicants

of

property legally

described as

Portions of Block 4 and 5 Plan 53601,

Parish

of Portage

Ia

Prairie in

the

City

of

Portage

Ia Prairie

applied to the City

of

Portage

Ia

Prairie Variation

Board

to vary the

application

of the

City

of Portage Ia Prairie Zoning By-law No. 10-8492 and

amendments,

provided under

Part

of the Planning

Act as

it

applies to the

property in

order to vary

the

established requirements, as follows:

1 Front yard

requirement

of

7.5m

to be

reduced

to 6.lm;

2 Side yard requirement, when

on

a corner

lot,

of 3.6m

to be

reduced to

3m

As per

condition

of subdivision

4550-13-7093

for

proposed

four corner

buildings units

1-4 , 13-16 , 17-20

and

29-32

And after careful

consideration

of

the application

and

any representations made

for or

against the variat ion sought by

the

applicant, The City of Portage

Ia

Prairie

Variation

Board in

meeting

duly assembled this rd day of September, 2013.

APPROVED the said Variation.

THIS ORDER SHALL EXPIRE IF

NOT ACTED UPON

WITHIN TWELVE 12

MONTHS OF

THE DATE OF MAKING. AN EXTENSION MAY BE REQUESTED

PRIOR TO THE TWELVE 12 MONTH

EXPIRY

DATE.

Minute reference: 239/13

Kineim

Brookes, CBCO Development Officer Building Inspector

TO: Applicant Presenter if any

Fire Hall

Community and

Regional

Planning

City Operations




To: Planning & Economic Development CommitteeFile No: PC 74-14

Committee Date: September 8, 2014

Council Date: September 22, 2014

RE: Request for Extension for Variation Applicant/Owner: Mellco Developments Ltd / 5371431 Manitoba Ltd

Address: 9,11,13,15 Spence Lane; 9/16 Tyler Place;10,12,14,16 Mellco Drive/Units 5/12 Plan 55863; Units 5/12 Plan 55862,Parish of Portage la Prairie

ISSUE:To allow an extension of the original variation of Mellco Developments Ltd(PC 66-13) to vary the

1) Maximum site coverage of 50% to be increased to 51%;2) Minimum front yard requirement of 7.5m to be reduced to 6.1m.

ALTERNATIVES:

1. To APPROVE the extension to variation application.2. To DENY the extension to variation application.


Mellco Developments Ltd has requested an extension to their original Variationorder, which was passed by Resolution No. 241/13 on September 23, 2013 foran additional 12 months (see attached copy of Variation Order).These properties have been recently subdivided which has created new legaldescriptions.

The Planning Act, Section 101 states: “(1) A variance order will expire and ceaseto have any effect if it is not acted upon within 12 months of the date ofdecision. (2) A board, council or planning commission may extend the deadlineunder subsection (1) for an additional period not longer than 12 months if an

application is received before the initial deadline.”

As per the attached original variation order on this matter, administratively, wehave state concerns or no concerns with the application for an extension to theoriginal variation order and as such, would recommend approval.



RECOMMENDATION:

THAT the Council of the City of Portage la Prairie approve the request of MellcoDevelopments Ltd to extend the original variation order (PC 66-13) at theproperties 9,11,13,15 Spence Lane; 9/16 Tyler Place; 10,12,14,16 Mellco Drive whichare legally described as Units 5/12 Plan 55863; Units 5/12 Plan 55862, Parish of

Portage la Prairie.



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PORT/ICELI PRG1R1E P1JItVtY1 G

DiSTRiCT

800 Saskatchewan Avenue West

Portage

la

Prairie, Manitoba R1N

0M8

Phone:

204

239-8345 Fax:

204

239-8319

www.ptgplanningdistrict.ca

UNDER

THE PLANNING

ACT

VARIATION ORDER

BY

THE

CITY OF PORTAGE

LA

PRAIRIE

VARIATION BOARD

VARIATION

ORDER NO : PC

66-13

WHEREAS Melico Developments Ltd applicants

of

property legally described as

Portions of Block

4 and

5

Plan

53601,

Parish

of Portage

Ia Prairie in

the City of

Portage

Ia Prairie

applied to the

City

of

Portage

Ia

Prairie

Variation

Board

to vary

the

application

of

the City

of

Portage

Ia

Prairie Zoning By-law No 10-8492

and

amendments,

provided under Part 6

of

the Planning Act as it applies to the property in

order

to

vary

the established

requirements,

as follows:

1

Maximum

site

coverage of 50°Io

to

be

increased

to 51 ;

2 Minimum front yard requirement

of

7.5m

to

be

reduced

to 6.lm.

As

per

condition of

subdivision

4550-13-7093 for the proposed four

interior buildings units 5-8, 9-12, 21-24 and 25-28

And

after

careful

consideration of

the application and any

representations

made

for

or

against the variation sought

by

the

applicant, The City

of Portage

Ia Prairie Variation

Board in

meeting

duly assembled this

3rd

day of September, 2013.

APPROVED the said Variation.

THIS ORDER SHALL EXPIRE IF NOT

ACTED

UPON WITHIN TWELVE

12~

MONTHS OF

THE

DATE OF MAKING AN EXTENSION MAY BE REQUESTED

PRIOR

TO THE TWELVE 12) MONTH EXPIRY DATE.

Minute reference: 241/13

Kineim

Brookes, CBCO

Development

Officer

Building Inspector

TO: Applicant Presenter

if

any

F ire Ha ll

Community

and Regional Planning

City Operations



PORTAGE LA PRAIRIE PLAN PORTAGE LA PRAIRIE PLAN PORTAGE LA PRAIRIE PLAN PORTAGE LA PRAIRIE PLAN

800 Saskatchewan Ave. W., Pla

JULY 2014

CITY PERMIT CURRENT 2014 (YTD) 2013 (YTD) C

ISSUED FOR: Permits Values Permits Values Permits Values P

RESIDENTIAL:

New Single 1 180,000 4 981,000 5 1,085,000

New Double

New Multi 3 1,402,000

Repair 9 99,500 59 823,480 58 884,600

Mobile Home

COMMERCIAL:

New 1 500,000

Repair 1 90,000 11 858,000 12 2,107,500

INDUSTRIAL:

New

Repair 2 120,000

INSTITUTIONAL:

New 1 2,500,000

Repair 1 82,000 4 620,000

FARM BUILDINGS:



PORTAGE LA PRAIRIE PLAN PORTAGE LA PRAIRIE PLAN PORTAGE LA PRAIRIE PLAN PORTAGE LA PRAIRIE PLAN

800 Saskatchewan Ave. W., Pla

JULY 2014

CITY PERMIT CURRENT 2014 (YTD) 2013 (YTD) C

ISSUED FOR: Permits Values Permits Values Permits Values P

New

Repair

MISCELLANEOUS:

Plumbing 2 11 22

Moving 3

Demolition 1 9 6

RTM

Mobile Sign

CANCELLED:

TOTALS 14 369,500 99 4,646,480 113 7,317,100$



PORTAGE LA PRAIRIE PLANNING DISTRICT PORTAGE LA PRAIRIE PLANNING DISTRICT PORTAGE LA PRAIRIE PLANNING DISTRICT PORTAGE LA PRAIRIE PLANNING DISTRICT

800 Saskatchewan Ave. W., PlaP, MB R1N 0M8

JULY 2014 COMBINED TOTALS

PERMIT CURRENT 2014 (YTD) 2013 (YTD) ISSUED FOR: Permits Values Permits Values Permits Values

RESIDENTIAL:

New Single 2 380,000 13 3,784,000 14 3,326,000

New Double 0 0 1 300,000 0 0

New Multi 0 0 3 1,402,000 0 0

Repair 18 441,500 92 1,987,480 87 1,687,800

Mobile Home 0 0 1 75,000 1 15,000

COMMERCIAL:

New 0 0 5 6,019,500 0 0

Repair 1 90,000 12 913,000 16 2,184,500

INDUSTRIAL:

New 1 2,500,000 5 6,408,500 0 0

Repair 0 0 1 33,000 4 235,000

INSTITUTIONAL:

New 0 0 1 299,000 1 2,500,000

Repair 0 0 2 115,000 4 620,000

FARM BUILDINGS:

New 2 235,000 8 654,000 6 257,000

Repair 0 0 1 35,000 1 12,000

MISCELLANEOUS:

Plumbing 5 0 31 0 42 0

Moving 1 0 11 0 7 0

Demolition 3 0 18 0 24 0

RTM 0 0 6 875,000 5 831,000

Mobile Sign 0 0 0

CANCELLED: 1 0 1 0 0 0

TOTALS 33 3,646,500 211 22,900,480 212 11,668,300



Report to CouncilTo: Public Safety Committee


File #: CMF-40


Re: Amendment to Animal Control By-Law 02-8165 – Restricted Animal Permit

ISSUE:To amend the Animal Control By-Law to include a Restricted Animal Permit application.

ALTERNATIVES:1. To amend the Animal Control By-Law2. Not to amend the Animal Control By-Law

ANALYSIS:Part VI – Restricted Animals Clause 23 (1) of the current Animal Control By-Law states the

following:

“No Person shall keep, harbour, possess or control any Restricted Animals, as defined in Sec.

5(18), within the City without a permit issued by the City.”

The current by-law does not have such a permit application attached to it. Administration

researched this and is proposed that the Schedule G – Restricted Animal Permit Application beadded to the By-Law.

This Schedule will also be added to Section 3 – List of Schedules.

A by-law is required to amend the Animal Control By-Law.


September 22, 2014That the Council of the City of Portage la Prairie amend Animal Control By-Law No. 02-8165

by giving By-Law No. 14-8625 first reading.

October 14, 2014That By-Law No. 14-8625 to amend the Animal Control By-Law No. 02-8165 be read a secondtime.

That By-Law No. 14-8625 be given third reading, finally passed, signed and sealed.



CITY OF PORTAGE LA PRAIRIE

BY-LAW NO. 14-8625

BEING A BY-LAW OF THE CITY OF PORTAGE LA PRAIRIE TO amend Animal Control

By-Law 02-8165 to provide for the addition of a Restricted Animal Permit Application.

WHEREAS it is deemed advisable to add Schedule G – Restricted Animal Permit Application to

By-Law No. 02-8165.

NOW THEREFORE THE COUNCIL OF THE CITY OF PORTAGE LA PRAIRIE IN OPENSESSION ASSEMBLED, HEREBY ENACTS AS A BY-LAW THE FOLLOWING:

1. THAT Clause 3 – List of Definitions be amended by adding Schedule G – Restricted AnimalPermit Application Definitions and Interpretation:

2. THAT Schedule G – Restricted Animal Permit Application be added.

DONE AND PASSED AS A BY-LAW OF THE CITY OF PORTAGE LA PRAIRIE BY THE

COUNCIL THEREOF IN OPEN SESSION THIS DAY OF , 2014.

Mayor Manager of Administration

Read a first time this day of , 2014.

Read a second time this day of , 2014.

Read a third time this day of , 2014.




Animal Control By-Law No. 02-8165

SCHEDULE G - RESTRICTED ANIMAL PERMIT APPLICATION

Section 5 (18) of the Animal Control By-Law lists the animals prohibited in the City of Portagela Prairie. Part VI – Restricted Animals Clause 23 (1) states the following:

“No Person shall keep, harbour, possess or control any Restricted Animals, as defined in Sec.

5(18), within the City without a permit issued by the City.”

Owner Name:

Address:

Unit# House# Street Name City

Postal Code:

Contact Phone Number: Email Address:

Animal Name: Age of Animal: Sex of Animal:

* Type of Animal:*(include photo of animal with application)

In addition to the above information, please describe any relevant precautions taken to ensurethat the animal does not escape or harm people, property or the environment:

Please describe any relevant measures taken to ensure that the animal is humanely treated:

Upon receipt of an application from any Person to keep a Restricted Animal, Council shallcomply with the notice and hearing requirements applicable to variation and conditional useapplications as set out in subsection 57(4) of The Planning Act (Manitoba).

Application Submission: Please submit your completed application form and required photos:

In-Person: Fire Department – 124 3rd

St. NE, Portage la Prairie, MB

Mail: Fire Department – 124 3rd

St. NE, Portage la Prairie, MB R1N 1N7

Fax: 204-239-5154



•

J

.

t

Animal Control By-Law

7

By-Law No. 02-8165

City

of

Portage Ia

rairie



City of Portage

Ia

Prairie

ANIMAL CONTROL BY LAW NO. 02 8165

TABLE OF CONTENTS

1

CITATION ..................................................................................................... ....................... 4

2

CONTINUING CONSOLIDATION .................................................................................. 4

3. LIST OF SCHEDULES: ...................................................................................................... 4

4

AMENDMENT

OF

SCHEDULES .....................................................................................

4

5

DEFINITIONS ............. ... ............................................................................................. . 5

6

INTERPRETATION

.......................................................................................................... 7

7

CONFLICTWITHOTHERBY LAWS

........................................................................... . 7

8 APPLICATION .................................................................................................................... 7

9 ESTABLISHMENT OF POUND ........................................................................................ 8

10. APPOINTMENTS ............................................................................................................ 8

1

Animal Control Offi

cer .............................. ................................ . .. . ..

.

.............

8

2 Poundkeeper ........................ ... ..

...

........... ......... ...... ....... ........................................... ....... 8

3 Common Animal Control Officer and Pou

ndk

eep er.............................. ............. ..... ....... 8

11

DUTIES OF

THE

ANIMAL CONTROL OFFICER ................................................... 8

12. DUTIES OF THE

POUNDKEEPER

............................................................................. 9

13

.

LICENSING

OF

DOGS/CATS .....................................................................................

11

14. RABIES VACCINATION ............................................................................................. 12

15

.

RESPONSIBILITY

OF OWNERS REGARDING DOGS AND/OR CATS ............ 12

16.

REDEMPTION ............................................................................................................... 13

17.

RESTRICTIONS ON

DOMESTIC

PETS ...................................................................

13

1

General ..... ...... .... ...............................................

..

......... .... ..... ... ......... .... ... .................... 13

2

Dogs and Cats......................... ....... ......... ...................................................................... . 13

3

Cat Trap ................................................................ ........... .... .................. . ......... ...... 14

4

Maximum Nu mber

of

Dogs an

d

or

C

at

s ...........

......

..

.

.

....

...

...

.

.....

...

..

14

5

Excess Animal Permit .................................................................................................. . 14

6

Offence ........................ .......... ...

.

.............

. ............. ................................ .

15

18.

AGGRESSOR ANIMALS .............................................................................................

15

19.

DETERMINATION THAT

AN

ANIMAL IS A DANGEROUS ANIMAL ..............

16

1

Animal Control Officer to Arrange Hearing ........................ ..................

..

....... ......... .... 16

2

Quarantine .. ..... ... .... ................ ...... ............................. ..... .......... ........ ............................ 17

3

Notice ofHearing ............ .... .......................... ......... ................ ...................................... 17



ftyof

Port§ge

Ia

Prairie

Animal

Control By Law

No. 02 8165

Page 2

4

Animal to be Confined Pendi

ng

Final Outcome

of

Hearin

g.

......... ............................... 17

5

Hearing ......................... ............................................ ......

..

..

... ... ...

................................. 17

6

Decision of he Committee

..

................ .. ...... ..... ........... ..... .. ...... ....... ... .

..

.......... .............. 18

7 License to be Cancelled .................................................. .........

..

....... .

..

...

..

.................... 18

20.

CONSEQUENCES

OF

DANGEROUS ANIMAL DECLARATION .......................

19

21.

DESTRUCTION OF DANGEROUS

OR

AGGRESSOR ANIMAL .........................

20

22. LIVESTOCK .................................................................................................................. 2

23.

RESTRICTED ANIMALS ............................................................................................ 2

1

Prohibition on Restricted Animal .................................................................................

21

2

Application

for

Permission to Keep or Harbour a Restricted Animal .........................

21

3

Temporary Impoundment.............................

..

........

... ..

.... ........... ..

..

............................... 22

4

Inventory ofRestricted Animals ............................................................ ....................... 22

5

Order to Dispose

of

Restricted Animals ...............................

.. ..

..... ......

..

.

..

..... .

...

....

.. ..

.

..

22

24.

ENFORCEMENT ...........................................................................................................

23

1

Offences Under This By-Law .. .......................................

... ..

....................... .............. ..

...

23

2

Interference with Enforcement .............................................

..

...................................... 24

3

Apprehension by Resident .............. ..... ..

..

..................................................................... 24

4

Right ofEntry..................................... .

...

.... ............

..

... ..

..

.

..

..... ...... ... ..

..

........

..

...... ......... 25

5

Complainant dentification ...................................................... .... ................................. 25

6

Liability ................

...

..................................... .

...

.

...

.

..

...... .......................... .

... ..

.........

..

..... 25

25.

PENAL TIES .................................................................................................................... 25

26

.

REPEAL OF BY LAWS ................................................................................................ 26

SCHEDULES

SCHEDULE

A -

COMMON OFFENCE NOTICE

[ fM ~ y A . u w I O ~ l f f { ]

SCHEDULE

B -

NOTICE OF IMPOUNDMENT

SCHEDULE

C -

PROCEDURES

AND

GUIDELINES

FOR

TRAPPING

OF

STRAY

CATS CAT COMPLAINT

SCHEDULE D - DOG/CAT BITING REPORT

SCHEDULE E -

APPLICATION FOR EXCESS ANIMAL

PERMIT

SCHEDULE F - EXCESS ANIMAL SITE INSPECTION



'

·


BY-LAW NO 02-8165

Being a By-Law

o

the City

o

Portage la Prairie to provide for the regulation and control o

animals within the limits

o

the City and for the maintenance and regulation

o

a pound.

WHEREAS subsection 232(1) o

The unicipal ct

S.M. 1996, c.58 (the Act) provides, in

relevant part, as follows:

Spheres

o

jurisdiction

232 1)

A council may pass by-laws for municipal purposes respecting the following

matters:

a) the safety, health, protection and well-being o people and the safety and

protection o property;

k) wild and domestic animals and activities in relation to them, including by

laws differentiating on the basis o sex, breed, size or weight;

o) the enforcement o by-laws.

AND WHEREAS subsection 232(2) o the Act provides, in relevant part, as follows:

Exercising by-law making powers

232 2)

Without limiting the generality

o

subsection 1 ), a council may in a by-law

passed under this Division

a) regulate or prohibit;

f) except where a right

o

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)

o

the Act provides, in relevant part, as follows:

Content o by-laws under clause 232 1) o)

236 1)

Without limiting the generality o clause 232(1)(o) (enforcement ofby-laws), a

by-law passed under that clause may include provisions

1.

providing for procedures, including inspections, for determining whether by

laws are being complied with; and



ci

y of Po rtage Ia Prairie

Animal Control By-Law No. 02-8165 Page

2. remedying contravention

of

by-laws, including

i) creating offences,

ii) subject to the regulations, providing for fines and penalties,

including the imposition

of

a penalty for an offence 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 offence, or related to enforcing the by-law,

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

offences 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 ct or a by-law

of

a local government district passed in accordance with The

Local Government Districts ct 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

o

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 ct R.S.M. 1987 c.P210 provide, in relevant part, as follows:



I

·

City

of

Portage

Ia

Prairie

Animal Control By-Law No. 02-8165 Page 3

3 (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.

3 (2) n Animal Control Officer or peace officer receiving a report pursuant to

subsection (1) shall notify the medical officer ofhealth

of

the details of the report at the

earliest possible opportunity.



' City of I'ortage Ia Prairie


Page4

PART DEFINITIONS AND INTERPRETATION

I . CITATION

This By-Law may be referred to as the Animal Control By-Law .

2.

CONTINUING CONSOLIDATION

I

The Manager of Administration may cause to be prepared and printed, and kept up to

date, a continuing consolidation of this by-law, and indices and appendices thereto, and

may make such arrangements with respect thereto, and with respect to matters incidental

thereto, as may be required.

2) Where a continuing consolidation of this by-law is prepared, all approved revisions

thereto shall bear the designation and be located as follows:

a) When a specific portion has been amended or replaced by an amending by-law, the

designation ' [AM. BIL #]' shall be inserted immediately following the affected block

of text.

b) When a specific portion has been repealed or deleted by an amending by-law, the

designation '[REP. BIL #]'shall be inserted adjacent to the current section,

subsection, paragraph or clause number in place

of

the removed text.

c) When a new portion has been enacted herein by an amending by-law, the designation

'[EN. BIL

#]'shall

be inserted immediately following the added block of text.

d) When any of

the designations referred to in paragraphs a), b), and c) above are

inserted within the text

of

this by-law, the

figure'#

' shall be replaced by the actual

number

of

the respective amending by-law.

e) Where more than one clause, paragraph, or subsection

of

any particular section is

affected by the same amending by-law, the designation may be placed at the end of

each clause, paragraph, or subsection so affected or, at the left aligned margin of the

paragraph, subsection, or section so affected, whichever is deemed to have more

clarity in each particular instance.

3.

LIST OF SCHEDULES:

Schedule A - CeRtfli teH:tiea Offence Notice (G.O.·H.) eft B;y La-vt }'1e. 02 8185 [fJ VI

Schedule

B -

Notice oflmpoundment

IO

-R4

Schedule

C -

Procedures Guidelines for Trapping Stray Cats

Schedule

D -

Dog Cat Biting Report o_ . t ) o .

_ct·'

DLt

II

' E_

-

8 > \ I (.O.,t l l r Ulu./.1:<

~ U \ \ . . I U . - ~

~ M . J . .

A1 \..

\\J..I.l 'i' '

«

T

II

Ft - VJ( ll .J \' J 6vb.. < : ) ~ c ~ : : .

4. AMENDMENT OF SCHEDULES

Council

of

the City

of

Portage la Prairie may from time to time, by resolution, amend each

and every schedule attached to this by-law.



City o Portage Ia Prairie


Page

5.

DEFINITIONS

In this By-Law, unless the context otherwise requires,

1

Aggressor Animal shall have the meaning ascribed thereto in section 18 o this By

Law.

2)

Animal Control Officer means the Person appointed by Council to enforce the

provisions

o

this By-Law, and includes any Person acting as an assistant to, or under the

direction of, the Animal Control Officer authorized by Council.

3)

Cat means any member o the genus

Felis domesticus

(domestic Cat).

4) Council means the Council o the City o Portage la Prairie.

5)

Companion Dog

means a dog used as a guide or for assistance to a disabled person

shall be licensed and shall wear the current license tag.

6) 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.

7)

Dangerous Animal means any Dog, Cat or any other animal that has on at least one

occasion, worried, 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 19

o

this By-Law.

8)

Dog

means any member o the genus Canisfamiliaris (domestic Dog).

9)

Domestic Pet

means any animal other than a Dog or Cat that has been domesticated

and is kept or harboured within the City.

10) Livestock means:

a) animals kept for the purpose of:

i) production o meat,

ii)

production

o

other products from the animals, or

iii) herding, protection

o

Livestock or draft work,

and breeding stock o such animals;

b) animals kept for the purpose

o

improving or preserving any species or kind

o

animal

that may be kept for a purpose set out in subclause a above, and

c) any other animal determined by the Animal Control Officer to be Livestock for the

purposes o this By-Law;



City of Portage Ia Prairie


Page

whether or not intended for profit and including, without limitation:

i)

dairy cattle and

beef

cattle, goats, sheep, bison and horses;

ii)

swine (including wild boar);

iii) all cervids on game production farms;

iv) all of the family Camilidae (including, Llamas and Alpacas);

v)

all domestic poultry (including chickens, turkeys, ducks and geese);

vi) specialty fowl (including guinea fowls); and

vii)

any other animals that are of a species or kind prescribed as Livestock in the

regulations pursuant to

The Animal Liability Act

f f

-

Lea< l\ D o ~

P a r ~ ~ iE d ~

k:Jy

·

l ~ t J

f 5 ~ < S

J

11)

Offence Notice means a notice issued pursuant to section 11.5 of this By-Law in the

form attached hereto as Schedule

A.

12)

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.

13)

Person includes a firm or corporation.

14)

Pound means any enclosure, Premises or place, whether within or outside the City,

designated by Council for the impoundment and care of any animal for the purposes of

enforcing any provisions of this By-Law.

15)

Poundkeeper 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

Poundkeeper as set out in section 2 of this By-Law.

16)

Premises

includes a building or accessory building and any lands on which the

building is situated.

17)

Restricted Animal

means any of the following animals:

a) all venomous reptiles;

b) the following species of snakes and lizards, and all their known races:

African Python (Python Sebae)

Indian Python (Python molurus)

Blood or Short-tailed Python (Python curtus)

Reticulated Python (Python reticulates)

Timor Python (Python timorensis)

Diamond or Carpet Python (Morelia argus)



.

city of Portage Ia Prairie


Amethystine Python (Liasis amethystinus)

Olive Python (Liasis olivaceous)

Brown Python (Laisis fuscus)

D

Alberts or White-Lipped Python (Liasis albertisii)

Boa Constrictor (Boa constrictor)

Madagascar boa (Acantrophis madagascariensis)

Cuban Boa (Epicrates angulifer)

Anaconda (Eunectes murinus)

Yellow Anaconda (Eunectes notaeus)

Salvadoris Monitor (Varanus salvadoril)

Nile Monitor (V aranus niloticus)

Pacific Monitor (Varanus indicus)

Rough-necked monitor (Varanus Redicollis)

Water or 2-Banded Monitor (Varanus salvator)

Giant Monitor (Varanus guganteus)

Bengal or Indian Monitor (Varanus bengalensis)

Lace Monitor (Varanus varius)

Cape Monitor (Varanus exanthematicus abligularis)

c) all members of the order Crocodilia;

d) all non-human Primates;

Page?

e) all members

of

order Carnivora excepting domestic Dogs (Canis familiaris), domestic

cats (felis catus) and ferrets;

f

horses, cattle, hogs, goats, sheep, poultry and bees;

g) p1geons;

h) any wild animal within the meaning

of

The Wildlife Act

18)

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.

6.

INTERPRETATION

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.





Page 8

7 CONFLICT WITH OTHER BY-LAWS

Where a provision of this by-law conflicts with a provision

of

another by-law in force in the

City, the provision that establishes the higher standard to protect the health, safety and

welfare of the general public prevails.

8

APPLICATION

This By-Law applies to all pets and domestic animals within the City boundaries.

PART II

ANIMAL

POUND

ANIMAL CONTROL OFFICER AND POUNDKEEPER

9.

ESTABLISHMENT OF POUND

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 City shall be paid out of the general funds of the City.

10

APPOINTMENTS

1

Animal Control Officer

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

ofthe City.

2)

Poundkeeper

Council may appoint one or more Persons as Poundkeeper(s) to carry out the duties of the

Poundkeeper set out in this By-Law. The Poundkeeper(s) so appointed may be appointed

on

a temporary basis, and shall be paid out

of

the general funds

of

the City.

3)

Common Animal Control Officer and Poundkeeper

t the discretion

of

Council, the Animal Control Officer may also serve as Poundkeeper,

and vice versa.

11 DUTIES OF THE ANIMAL CONTROL OFFICER

t shall be the duties of the Animal Control Officer:

1) to apprehend and confine any Dog, Cat or any other Domestic Pet which is Running at

Large within the City contrary to the provisions of this By-Law, or 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 or the conditions of any

permit or license;



Cfty of Portage Ia Prairie

Animal Control By-Law No . 02 8165

Page9

2

to apprehend and confme 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 City;

3

to ensure that any Restricted Animal kept or harboured within the City is properly

licensed by the City, and to apprehend and confine any such Restricted Animal that is not

properly licensed;

4 to make reasonable attempts to notify the Owner

of

every animal impounded, ifthe

identity of the Owner is known, by direct contact with the Owner or by leaving a notice at

the last known address

ofthe

Owner, which notice shall be in the form set out in

Schedule B 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, any daily Pound fees, license fees and other costs or fines to be

charged to the Owner, and the date after which the animal will be sold or humanely

euthanized

if

not redeemed;

5

to issue an Offence Notice of this By-Law in the form set out in Schedule A hereto

attached against any Person that has committed an offence under this By-Law.

An

Offence Notice

of

this By-Law may be served upon the Person who has breached the By

Law personally or upon a Person apparently over the age of sixteen years at the residence

of

the Person who has breached the By-Law, or may be served by registered mail

addressed to the last know address of such Person. The Animal Control Officer may

lawfully enter upon the Premises

of

any such Person to serve an Offence Notice of this

By-Law;

6

to 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.

7 to use a tranquilizer gun for the purpose of capturing any animal found to be Running at

Large within the City, provided however that if the Animal Control Officer or the

Poundkeeper, as applicable, is not a licensed veterinarian, no such tranquilizer gun shall

be used without the authority of a licensed veterinarian present at the time of use.

8

Capture, seize and impound any dog or cat which is without the proper license

tag as required by this by-law.

[AM by By-Law 09-8431}

9

Capture, seize and impound any dog or cat not vaccinated as required by this

by-law. [AM by By-Law 09-8431]

l O

Capture, seize and impound

be located after reasonable

~ y

dog for incessant

bark

11

e

ort. [AM b

ng

f the

The Animal Control

~

;;;-Law 09-8431 OWner ccmnot

any dog or cat . Officer or an 0

believe an o f f e ~ ~ respect of

Which

f i ~ e r may capture se.

committed under

h ~ a ~

been committed ~ v e s

o

has e a ~ o n ~ ~ and impound

s Y-law. AM b B er this by-law . e ~ r o u n s to

QJl

-Law

0 9

8

or

Is

bemg

- 43IJ



City ofP ortage Ia Prairie


Page 10

3)

to keep a record of every animal impounded, which record shall include the following

minimum information:

a) a description in reasonable detail of the animal (including, the approximate weight,

height and color of the animal, as well as the gender and breed

of

the animal);

b) the day and hour of its impoundment;

c) the day and hour of its redemption, sale, disposition or destruction, together with the

details of redemption, sale, disposition or destruction;

d) 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);

e) 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 payor

if

different from the Owner); and

f such other particulars as the City shall direct from time to time.

4)

where the City has entered into a contract with a private party for the operation of the

Pound, the Poundkeeper shall observe all terms and conditions of the contract with the

City 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 City,

and the submission of

all reports and statements required to be submitted to the City

under the said contract;

5)

to keep any impounded Dog, Cat or any other animal which is, to the knowledge

of

the

Poundkeeper, a Domestic Pet, for a minimum period of 72 hours, which shall include the

day

of

impoundment but shall exclude Sundays and any statutory holidays during which

the Pound is closed to the public;

6) to make suitable arrangements for the temporary impoundment and sale, disposition or

destruction of any animal other than a Dog, Cat or Domestic Pet that is apprehended

within the City, including any Restricted Animal or wild animal within the meaning

of

The Wildlife Act

7)

if, after expiration of the minimum period of impoundment set out in sub-paragraph 5)

above, a Dog, Cat or other Domestic Pet has not been redeemed, it will be the duty of the

Poundkeeper to do one of the following with the impounded animal:

a) 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 City

or by the Poundkeeper on the express authority of the City; or



City ofPort

.a

ge Ia Prairie


Page

11

b) cause the impounded animal to be humanely euthanized

unless the City, or the Poundkeeper on the express authority ofthe City, 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 a) above or until expiry

of

the extended period of

impoundment, before it is humanely euthanized.

8)

the City may vary the terms, conditions and duties

of

the Poundkeeper by contract with a

private party, provided however that the contract shall contain and where absent in the

contract, shall be deemed to incorporate) as minimum provisions, the duties

of

the

Poundkeeper set out in paragraphs

1 ,

and 3) above, and further provided that the

provisions in paragraphs 4), 5), 6), and 7) above shall continue to apply except to the

extent that they are specifically modified by the contract. Where the Poundkeeper is a

private party under contract with the City, the Poundkeeper shall observe all of the terms

and conditions of the contract with the City. Where it is permitted under the contract

with the City, the Poundkeeper may, at his sole cost and expense, keep an impounded

animal for longer than the minimum hold period, and may sell or otherwise dispose of the

impounded animal for an amount less than the applicable Pound and license fees,

provided however that the Poundkeeper shall remain responsible to the City for all

amounts due to the City under its contract with the Poundkeeper.

PART III - DOGS, CATS

AND

OTHER DOMESTIC PETS

13. LICENSING

O

DOGS/CATS

1

The Owner of every Dog/Cat over the age of six months shall obtain and renew annually,

a license to keep the Dog/Cat, which license shall require the payment of the annual fee

as set out in the Fees and Charges By-Law. The Owner shall ensure that the license tag

issued for the Dog/Cat is securely fastened to a collar worn around the neck of the

Dog/Cat in respect ofwhich the tag was issued. Any failure to obtain or keep current the

required license or to ensure that the license tag issued for the Dog/Cat is securely

fastened to its collar shall constitute an offence under this By-Law.

2) The required Dog/Cat license may be sold by the Poundkeeper, City Hall, or the Animal

Control Officer.

3)

No Person shall be permitted to remove the collar or license tag from any Dog/Cat

without a lawful excuse, and any such removal shall constitute an offence under this

By-Law.

4) The license fee hereby imposed shall be due and payable on the 1 t day of January in each

year and shall expire on the

31 st

day

of

December in the year in which the license fee was

levied and paid.



City of Pbrtage Ia Prairie

Animal Control By-Law No . 02-8165

Page

12

5)

Where the license tag is lost or damaged, the Owner shall forthwith apply for a

replacement license tag, the cost of which is set out in the Fees and Charges By-Law.

6)

Where a change in Ownership

of

a Dog/Cat licensed hereunder occurs during the license

year, the new Owner shall have the current license transferred to his or her name upon

payment

of

the transfer fee prescribed in the Fees and Charges By-Law. Any failure to

report a change in Ownership or to pay the prescribed transfer fee shall constitute an

offence under this By-Law.

7)

Subsections 1), 2), 3), 4), 5), and 6) above shall not apply to non-residents ofthe City

who bring a Dog/Cat on a temporary visit into the City, provided however, that nothing

in this subsection shall authorize any Person to bring a Dog/Cat into the City that is a

Dangerous Animal or is vicious or otherwise a risk to the public or to other animals

within the City, nor does it authorize any Person to allow the Dog/Cat to Run at Large or

otherwise create a nuisance within the City.

8)

Subject to subsection 9) hereof, every Dog/Cat Owner must produce, before a license is

issued or renewed for the Dog/Cat, evidence of a Current Rabies Vaccination status for

that Dog/Cat from a licensed veterinarian.

9) A Dog/Cat Owner does not have to produce evidence of a Current Rabies Vaccination

status in order to obtain or renew a license in respect

of

his Dog/Cat if he can produce a

statement in writing signed by a licensed veterinarian certifying that the Dog/Cat cannot

be vaccinated for rabies for medical reasons.

10)

A dog used as a guide or for assistance to a disabled person (companion dog) shall be

licensed and shall wear the current license tag. Any person who produces evidence

satisfactory to the municipality showing that the dog is required as a guide or for

assistance by a disabled person shall be exempt from paying the license fee, in

accordance with the Fees and Charges By-Law.

14. RABIES VACCINATION

Except where subsection 13.9) applies, the Animal Control Officer may at any time request

that an Owner provide proof that the Owner s Dog or Cat has a Current Rabies Vaccination

status and, if the Owner cannot produce such proof, the Animal Control Officer may,

terminate the Owner s Dog/Cat license, and the Animal Control Officer may apprehend and

impound the Dog or Cat, and may issue an Offence Notice to the Owner.

15.

RESPONSIBILITY

OF

OWNERS REGARDING DOGS AND/OR CATS

I No Owner shall:

[ a f \ ~

c l e d

b -1

lSy-lavv IJ.-k$ 6]

a) permit his Dog/Cat to Run at Large. When a Dog/Cat is found Running at Large, its

Owner shall be deemed to have failed or refused to comply with this subsection.



City o Portage Ia Prairie


Page

13

b) permit his Dog to bark or howl, or Cat to howl, or in any other way unduly disturb the

quiet

o

any Person or Persons anywhere in the City.

c) permit his Dog/Cat to defecate on any public or private property other than the

property

o

its Owner. Where a Dog/Cat defecates on property other than the property

o

its Owner, the Owner shall cause such excrement to be removed forthwith.

d) permit his Dog/Cat to defecate on his property in a manner which constitutes an

environmental or health hazard or a nuisance for neighbours.

e) permit his Dog/Cat to damage public property or private property other than that

o

the Owner. Where public or private property has been damaged by a Dog/Cat, its

Owner shall be deemed to have failed or refused to comply with this subsection.

f

own, keep, harbour or have possession or control

o

any Dog/Cat other than a

Dog/Cat that is under the age

o

six months or that is a registered Companion Dog for

the disabled) for which a valid license has not been issued.

g) own, keep, harbour or have possession or control

o

any Dog/Cat determined to be a

Dangerous Animal, unless such Dog/Cat is kept at all times in accordance with the

provisions

o

Part IV.

h) permit his Dog/Cat to pursue, bite, wound or worry any Person or animal, whether or

not

on

the property

o

the Owner.

i) permit his Dog/Cat on any school ground or playground.

j permit his Dog/Cat on public property including parkland area) unless the Dog/ Cat

is on a leash which lease shall be no longer than six feet in length, fully extended)

and the Dog/Cat is in the actual custody and effective control o the Owner or a

Person competent to control it.

k) permit his Dog/Cat to upset waste receptacles or otherwise litter.

2)

A disabled Owner

o

a registered Companion Dog or any other Person who requires the

assistance

o

a registered Companion Dog shall not be subject to the restrictions imposed

under subsections 1 c), 1 f), 1 i), and 1 j) above.

16.

RE EMPTION

Unless an impounded animal is determined to be a Dangerous Animal, the Owner

o

any

Dog, Cat or any other Domestic Pet other than a Restricted Animal) impounded by the

Animal Control Officer may be redeemed within 72 hours o the apprehension and

impoundment by applying to the Poundkeeper for redemption and paying:

1

the Pound fee calculated in accordance with the Fees and Charges By-Law;



City of P'ortage

Ia

Prairie


Page

14

2) in the event that the impounded animal is a Dog or Cat that is unlicensed at the time of

apprehension, the relevant license fee; and

3) all outstanding fines, damages or costs relating to the impounded animal.

17.

RESTRICTIONS ON DOMESTIC PETS

o-t-f- L ~ o ~ ~

to5

Pa rks

1)

General

n

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

A e0.u.ct b

[ l ~ t i - J

t

1- gsc s

ompetent 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 City unless such Person has

been issued a permit by the City under section 23

ofthis

By-Law, and also holds all other

government licenses as may be required, to keep or harbour the animal within the City.

2)

Dogs and Cats

a) Subject to subsection b) below and the provisions of section 15, the Owner of a Dog

or Cat shall not permit the animal to be outside of the Owner s Premises unless:

i)

the Dog or Cat has a collar which has securely fastened to i t a proper license

tag that identifies a valid license in respect of that Dog or Cat;

ii)

the Dog or Cat is on a leash that is less than six feet in length fully extended;

and

iii)

the Dog or Cat is under the immediate charge and effective control

of

a Person

competent to control it.

b) A female Dog or Cat in heat shall be confined to the Premises of the Owner or a

Person having control of the Dog or Cat, or shall be housed in a licensed kennel, for

the period of time that the Dog or Cat is in heat. The said confinement shall be in

such a manner as to prevent any contact between the Dog or Cat in heat and any other

Dog or Cat except other Dogs or Cats owned by the same Owner or by another

Owner who voluntarily permits such contact.

3)

Cat

Trap

a) A citizen

of

the City who is annoyed with damages done to his property as a result

of

a stray Cat, may telephone the Animal Control Officer and voice a complaint,

requesting that a Cat trap be placed on his Premises. The citizen shall:

i provide to the Poundkeeper or Animal Control Officer, as applicable, his or

her name, address and telephone number;

ii) 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



City ofP ortage

Ia

Prairie


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16

4) If, in the opinion of a licensed veterinarian, the animal impounded poses no health risk,

the Aggressor Animal may be released to the owner prior to the completion

of

a 10 day

mandatory quarantine, subject to the provisions set forth in Schedule D .

5)

Subject to a determination

by

the Animal Control Officer pursuant to subsection

7)

below

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 Poundkeeper of a Pound fee calculated at the daily rate set out in the

Fees and Charges By-Law 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 72 hours after expiry of the quarantine period, the Aggressor Animal shall

be humanely euthanized.

6) The head of any Aggressor Animal quarantined for biting that dies while quarantined and

prior to the veterinary examination required pursuant to subsection 7) below, shall be

submitted to the Canadian Food Inspection Agency for rabies examination.

7)

Every Aggressor Animal shall be examined

by

a licensed 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

humanely euthanized, shall be at the discretion

of

the Animal Control Officer based

upon

the following factors:

a) the medical report of the licensed 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 20

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.

19.

DETERMIN TION TH T N NIM L IS A D NGEROUS NIM L

1) nimal Control Officer to rrange Hearing

Where the Animal Control Officer has reason to believe that an animal, including but

not

limited to an Aggressor Animal under section 18, is a Dangerous Animal, he shall





Page 17

arrange a hearing before a committee authorized by Council to determine whether

or

not

the said animal should be declared a Dangerous Animal. n the event that an Owner

voluntarily accepts the Dangerous Animal declaration and the recommended disposition

of the matter made by the Animal Control Officer, a hearing before the committee may

be dispensed with, and the recommended disposition of the matter shall constitute a final

order in respect ofwhich there is no appeal.

2) Quarantine

Where it is deemed necessary by the Animal Control Officer to protect the public or other

animals pending the decision of the committee, the Animal Control Officer may:

a) 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 the committee hears the matter and issues its

determination; or

b) may impose all or any

of

the conditions set out in subsection 1.2)

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 the committee hears the matter and issues its determination.

3) Notice

o

Hearing

The City shall provide written notice

of

the hearing to the Owner of the animal at least

three days in advance of the hearing by serving notice 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, the Animal Control Officer shall e

entitled to mail the said notice to the last address provided by the Owner to the City

in

relation to the licensing of the said Dog. 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 ofthis section 9 ofthe By-Law; and

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.

4)

nimal to be Confined Pending Final Outcome

o

Hearing

a) Every Owner who has received notification from the City pursuant to subsection 3)

above 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.



City o PM age Ia Prairie


Page

18

b) Subsection a) above shall not apply

i

the animal is impounded or the Animal Control

Officer receives written confirmation from a licensed veterinarian that the animal has

been placed in quarantine pending outcome

o

the hearing.

5)

Hearing

a) The Owner has the right to appear at the hearing, with or without counsel, and to

make submissions to the committee and call evidence on his behalf. The Owner also

has the right to hear all o the evidence and submissions presented at the hearing by or

on behalfo the Animal Control Officer and to inspect any documents filed by or on

behalf

o

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 19, the committee 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

o

the decision

o

the Committee by notice in writing delivered by

personal service or registered mail in the manner set out in subsection 3) above.

6) Decision o the ommittee

Within five 5) working days o the hearing, the committee shall issue a written decision

in accordance with the following provisions:

a) The Committee shall make an order declaring the animal to be a Dangerous Animal

i

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 domestic animal or any

Livestock without provocation; or

iii

the animal is used primarily for the purpose o guarding property and is not a

police service owned by a public law enforcement agency.

b) The committee 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



City ofPormge

Ia

Prairie


Page 9

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.

c) The committee shall deliver a copy

of

their decision to the Owner in the manner

provided in subsection 3). There shall be no obligation upon the committee to issue

written reasons for their decision.

7) License to be Cancelled

a) In the event that a Dog/Cat is declared by the committee to be a Dangerous Animal,

any license previously issued in relation to that Dog/Cat shall be deemed to have been

cancelled effective as of the date of the Committee s decision to declare the Dog/Cat

to be a Dangerous Animal.

b) Where a license is deemed to have been cancelled pursuant to subsection a) above,

the Owner shall be entitled to a credit or refund on any paid-up license fee, calculated

on a quarterly pro rata basis. The City may set-off against any such refund, any fines,

fees or costs owing by the Owner under this By-Law.

20 CONSEQUENCES OF D NGEROUS NIM L DECL R TION

1)

The Committee shall determine whether the Dangerous Animal should be humanely

euthanized or released to the Owner subject to the conditions set out in subsection 2)

below.

2) Every Owner of an animal that has been declared to be dangerous and in respect ofwhich

the Committee has decided to release the Dangerous Animal to its Owner, shall:

a) in the event that the Dangerous Animal is a Dog or Cat, obtain a dangerous Dog or

Cat license and pay the required fee as set out in the Fees and Charges By-Law.

b) cause the Dangerous Animal to be tattooed upon the ear with clearly identifiable

information as set out by the committee and provide a copy of such information to the

Poundkeeper.

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.



City of Portage

Ia

Prairie


Page 20

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 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.

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 ANIMAL

The sign shall be posted in such a manner that it cannot

be removed easily by passersby and will be visible and capable

of

being read from

outside

of

the Premises.

g) Within three 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 working days of the death ofthe

Dangerous Animal.

i) advise the Animal Control Officer forthwith

if

the Dangerous Animal has gone

missing or is Running at Large or has bitten, worried or attacked any Person

or

animal.

j

maintain in force a policy

of

liability insurance, satisfactory to the City, in the amount

of at least 500,000, covering the twelve month period during which licensing is

sought, for injuries caused by the owner's dangerous animal. This policy shall contain

a provision requiring the City to be named as an additional insured for the sole

purpose of the City to be notified by the insurance company

of

any cancellation,

termination or expiration

of

the policy.

k) such other conditions as may be prescribed by order

of

the Council.

1 No Person shall deface or remove a sign posted pursuant to subsection f above

without having first obtaiped the permission

of

the Animal Control Officer.

21. DESTRUCTION OF DANGEROUS OR AGGRESSOR ANIMAL

1)

Where it appears on reasonable grounds that an Owner has breached a condition

of

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 ifthe



City of Port

il

ge

Ia

Prairie

Animal Control By-Law No . 02-8165

Page 21

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 the Committee, 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 the Council at

the time of its apprehension and impoundment.

2) When the Animal Control Officer impounds an animal under this section for the purpose

ofdestruction of the animal, he shall give the Owner written notice, delivered to the last

known address of the Owner, that the animal will be humanely euthanized after the

expiry of 1 consecutive 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 Manager of Administration, in which case Council shall hold a

hearing at a regularly scheduled or special meeting

of

Council as to whether or not the

animal should be humanely euthanized, which hearing shall be carried out in accordance

with the provisions of section 20 hereof. The animal shall remain quarantined in the

Pound pending the outcome of the hearing.

3) The decision of Council shall be final and not subject to appeal.

P RT LIVESTOCK

22.

LIVESTOCK

I

The keeping

of

Livestock shall only be permitted in those areas

of

the City which are

zoned agricultural unless otherwise permitted by the City s zoning by-law. If so

permitted, Council may specify the number and kind of Livestock which may be kept on

any such Premises within the City, and it shall be an offence under this By-Law to keep

any Livestock in excess

of

the prescribed number and kind.

2) n

Owner shall not permit his Livestock to Run at Large within the City. When

Livestock is found Running at Large, its Owner shall be deemed to have refused or failed

to comply with this By-Law.

3) Council, or the Animal Control Officer on the authority ofCouncil, may establish from

time to time a 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 animals at

a rate of remuneration to be fixed from time to time by the Council. The City Manager

may authorize the establishment

of

a temporary Pound, which temporary Pound shall be

ratified at the next regularly scheduled Council meeting.



t

ity

of r t g e

Ia

Prairie


Page 22

4) If the identity of the Owner is known, the Animal Control Officer shall serve directly

upon the Owner or mail a notice of impoundment to the Owner at his last known address.

5) The Owner of the Livestock shall not be entitled to the return of the Livestock until the

actual costs incurred by the City in apprehending and impounding the Livestock, together

with the costs of caring for the Livestock and any fines imposed pursuant to this By-Law,

have been paid in full.

6) Ifno Person claims the Livestock within 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 5)

above, the Animal Control Officer may sell or otherwise dispose of the Livestock

without further notice to the Owner, the proceeds ofwhich shall be paid to the general

funds of the City.

PART

VI

RESTRICTED ANIMALS

23. RESTRICTED ANIMALS

1

Prohibition on Restricted Animal

No Person shall keep, harbour, possess or control any Restricted Animals, as defined in

Sec. 5(17), within the City without a permit issued by the City.

2)

Application for Permission to Keep

or Harbour

a Restricted Animal

Upon receipt

of

an application 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 subsection 57(4)

of

he lanning

ct

(Manitoba).

3)

Temporary

Impoundment

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 2) above.

4)

Inventory

of

Restricted Animals

a) Any Owner who has been granted permission by Council to keep one or more

Restricted Animals within the City 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 City, together with

the annual permit fee.

b) 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 City.



ity of

r t g e Ia Prairie

Animal Control By-Law No. 02-8165 Page

3

c) Any Person who keeps, harbours or has possession or control

of

a Restricted Animal

in the City on or before the time that this By-Law comes into force or effect, shall

have 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 City or shall otherwise

dispose

of the Restricted Animal in a manner which ensures that the Restricted

Animal is no longer within the City. 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 City accepts no responsibility for the

manner

of

sale or disposition.

d) Council may grant such longer period of time to an Owner of a Restricted Animal

who falls within subsection c) above as may be necessary to allow Council adequate

time to consider and decide the Owner s application to retain the Restricted Animal

within the City.

5) rder to Dispose

of

Restricted Animals

a) 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

City without the written permission ofCouncil, the Animal Control Officer shall

serve the Person with an order in writing to dispose of the Restricted Animal within

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 4.c)

above 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 2) above, and the order of the Animal Control Officer

shall be suspended pending the decision ofCouncil.

b) The onus shall be on the Person upon which an order pursuant to subsection a) above

has been served to establish either that:

i)

the animal is not a Restricted Animal; or

ii) the Person has a permit from Council to keep or harbour the Restricted

Animal.

c) 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.



City

ofP

rtage

Ia

Prairie


Page 24

d) Upon apprehension and impoundment

of

a Restricted Animal, and provided that:

i)

a written order was duly served on the Owner as required by subsection a)

above; and

ii if

an application for the written permission

of

Council to retain the Restricted

Animal has been heard and denied by Council;

Council may proceed to order the animal humanely euthanized 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.

f

the proceeds

of

sale exceed any such costs and any fines

imposed upon the Owner for breach of this By-Law, then the City shall refund the

excess proceeds to the Owner.

PART

VII -

GENERAL PROVISIONS

24. ENFORCEMENT

1 Offences Under This By Law

For greater certainty and without limiting any provisions of this By-Law, the following

shall constitute offences under this By-Law:

a) failing to comply with any license requirements as specified in this by-law. [sec.

13 1)]

b) allowing or failing to prevent a Dog, Cat or Domestic Pet from Running at Large;

[sec. 15 1) a) and sec. 17 1)]

c) keeping or harbouring Dogs or Cats in excess of the maximum number permitted by

this By-Law; [sec. 17 4)]

d) failure by the Owner of a Dog, Cat or Domestic Pet to comply with any one or more

of

the provisions of section 15, or subsection 17 2) 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 to the Animal Control Officer or Poundkeeper; [sec.

18 2)]

f failing to voluntarily surrender a Dog or Cat to the Animal Control Officer upon a

request therefor; [sec.24 b)]

g) keeping or habouring any wild animal or other Restricted Animal within the City

without a permit; [Part VI]

h) failing to properly vaccinate a Dog or Cat against rabies; [sec.

14]



t ity ofPbrtage

Ia

Prairie


i) failing to comply with any conditions imposed upon the use of a Cat trap

within

the

City boundaries;

j

failing to comply with the requirements

of

subsection 17 1)

of

this

By-Law

in

relation

to any Domestic Pet;

k) failing to comply with the requirements of any provision of subsection 17 3)

in

relation to any Cat;

1 failing to comply with any requirements of Part

IV 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 20 2) 1) of this

By-Law;

n) removing the collar or license tag from any Dog/Cat without a lawful excuse; [sec.13

3)]

o) failing to report a change in ownership or to pay the prescribed transfer fee; [sec.

13 1) 6)]

p) interfering or obstructing an Animal Control Officer, the Poundkeeper,

or

a police

office while performing their duty under this by-law; [sec. 2) below].

2)

Interference with Enforcement

t shall

be an

offence under this By-Law for a Person to interfere

or

obstruct any attempt

by

the Animal Control Officer, Poundkeeper or the Council from carrying

out

its duties

and obligations hereunder. Without limiting the generality of the foregoing, no Person

shall interfere or obstruct or attempt to interfere or obstruct an Animal Control Officer,

the Poundkeeper, a police officer or any other Person authorized to apprehend and

impound an animal Running at Large, who is attempting to apprehend or impound, or

who has apprehended and impounded, any animal in accordance with the provisions of

this By-Law.

3) pprehension by Resident

Any resident of the City 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, Poundkeeper or the City

of

the apprehension and confinement, and the

Animal Control Officer shall as soon as practical, attend upon the resident to take

possession

of

and impound the animal.

4)

Right

o

Entry

a) The Animal Control Officer or any other Person appointed by the City 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



tity

of P ortage Ia Prairie


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 license 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.

b) 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, to assist the Animal Control Officer to

apprehend and impound the said animal.

5)

Complainant Identification

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. t shall be at the discretion of the Animal Control Officer whether or

not to proceed based on an anonymous complaint or information.

6) Liability

No liability shall attach to the Animal Control Officer, the Poundkeeper, the Council

and/or the City 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 Poundkeeper, the Council and/or the City for any animal humanely

euthanized, sold or otherwise disposed ofpursuant to the provisions of this By-Law or

killed or injured during the course of its apprehension or impoundment.

25. PEN LTIES

I Without limiting the penalties for specific offences set out in subsections 2) or 3) below

hereof, any Person who contravenes any provision of this By-law is guilty of an offence

and is liable:

a for a first offence, a fine

of

as set n the City s Fees and Charges By-Law;

[AM

By Law 10

8494]

b) for a second offence, occurring within 12 months of the first offence, a fine as set n the City s

Fees and Charges By-Law[AM

By Law 10 8494]

c for a third offence, occurring within

12

months

of

a second offence, a fine as set out n the

City s Fees and Charges By-Law.

[AM By Law 10 8494]

2)

Any animal that is impounded three or more times within any 12 month period while

owned by the same owner, shall be sold or disposed of to a new owner or shall be

humanely euthanized regardless

of

whether or not it is properly licensed under this By

Law.

3)

Any person who interferes with or obstructs the duties

of

an Animal Control Officer, a

Poundkeeper or any other person authorized to enforce any provisions of this By-Law, or





Page27

who unlawfully enters any Pound

or

unlawfully removes any animal impounded, ,is,guilty

of an offence and is liable:

a To a fine as set in the City s Fees and Charges By-Law, or to imprisonment for a term

not more than

60

days, or both, plus all applicable costs and penalties. [AM By Law 10

8494]

4) Where a corporation commits

an

offence under this by-law, each director

or

officer

of

the

corporat ion who authorized, consented to, connived at,

or

knowingly permitted

or

acquiesced in, the doing of the act that constitutes the offence, is likewise guilty

of

the

offence and liable for the penalties provided for herein.

5) Where the contravention, disobedience, refusal or neglect continues for more than one

day, the person is guilty

of

a separate offence for each day that the contravention,

disobedience, refusal or neglect continues.

26.

REPEAL

OF

BY LAWS

By-Laws No. 7284 and 7586 are hereby repealed.

DONE AND PASSED AS A BY-LAW OF THE CITY OF PORTAGE

LA

PRAIRIE BY THE

MAYOR AND COUNCIL IN OPEN SESSION ASSEMBLED THIS r

cA DAY

OF

7 1 e e a . n t ~

,

A.D. 2002.

~ '

ayor

f

A

day of

n ~ V \

A.D. 2002. rr

•

ead a first time this

Read a second time this

f 71 day of , A.D. 2002.

Tj..

7-.

/}

Read a third and final time this

L

day of . 7--eA ,

A.D.

2002.



OFFEN E NOTI E [AM L 1 8494] S HEDULE A


t Portage Ia Pra1ne . Man1toba R1 N OL8

C

97 Saskatchewan Avenue East

Phone: (204) 239-8341 Fax. (204) 239-5154

TO:

DATE:

ADDRESS:

The undersigned alleges that

on

the day

of

, 20_

n

the City of Portage

Ia

Prairie, the Province

of

Manitoba, at AM/PM, a Dog/Cat/ unlicensed/licensed as No. described as

was

found to contravene the Animal Control By-Law No. 02-8165 by:

D

failing to comply with any license requirements as specified

in

this by-law. [sec.

13 1

)]

D

allowing or failing to prevent a Dog, Cat or Domestic Pet from Running at Large; [sec. 15( 1 (a) and sec. 17( 1

]

D

keeping or harbouring Dogs or Cats

in

excess

of

the maximum number permitted by this By-Law; [sec. 17(4)]

D failing to comply with any oneor more

of

the provisions

of

section15, or subsection 17(2)

of

this By-Law;

D failing to report a bite incident

or

failed to voluntarily surrender the Dog or

Ca

t believed to have bitten a Person to the

Animal Control Officer or Poundkeeper; [sec. 18(2)]

D failing to voluntarily surrender a Dog or Cat to the Animal Control Officer upon a request therefor; [sec.24(b)]

D failing to properly vaccinate a Dog or Cat against rabies; [sec.14]

D

failing to comply with any requirements

of

Part IV

of

this By-Law

in

relation to

an

Aggressor Animal or a Dangerous

Animal;

D defacing or removing a sign required to be posted under subsection

20 2) 1)

of this By-Law;

D

interfering or obstructing

an

Animal Control Officer, the Poundkeeper, or a police officer while performing their duty

under this by-law.[Sec.24(2)]

D

Other Applicable Offences:

Voluntary penalties will be accepted Monday to Friday from 9:00 a.m. to 4:30 p.m. at City Hall, 97 Saskatchewan Avenue E.

If paid before the expiry

of

30 days from the date hereof, the penalty will be:

[ ] first offence 100.00*

[ ] second offence 250.00*

[ ] thi

rd

offence 500.00*

(*

i f

p id within 3 days

of

the

offence

If the penalty

is

not paid by due date you may be charged with

an

offence under the By-Law. Upon conviction, the minimum

penalties are 250.00 for the first offence, 500.00 for the second offence and 1,000.00 for the third offence or to

imprisonment for a term not exceeding 3 months, or both such fine and such imprisonment. [Sec 249 Municipal Act]

Any animal that is impounded three or more times within any

12

month period while owned by the same owner, shallbe sold

or disposed

of

to a new owner or shall be humanely euthanized regardless

of

whether or not it is properly licensed under the

By-Law.

ANIMAL CONTROL OFFICER

WHITE Dog Owner YELLOW City

of

Portage Ia Prairie PINK

Animal Control

Officer



. IN.FORMATION

DENONCIATION

S ~ c h e . d . . l A ttt i

1. THE

uNDERSIGNED.

BEING A PEAcE

oFFICER

sAY Manitoba

THAT I HAVE REASONABLE AND PROBABLE

. GROUNDSTOBELIEVEANDDOBELIEVETHAT:

1

64 4

JE

S01JSSIGNE(E), AGENT

DE

LA PAIX, DECLARE •

A VOIR DES MOTI FS RAISON NABLES ET PROBABLES

DE CROIRE

ET JE CROIS QUE

• N U M ~ ~ ~ N g ~ ~ t € ~ ~ ~

~ ~ ~ ~ ~ ~ N E

ON

OR

ABOUT THE

LE

OU

VERS LE

AT

A

AT

A

01 064406

OWING OFFENCE

CONTRARY TO

THE: A COMMIS L'INFRACTION SUIVANTE

EN CONTRA

VENT

0

HIGHWAY TRAFFIC ACT 0 LIQUOR NTROL ACT

CODE DE LA ROUTE

LOI

SUR LA EGLEMENTATION

DES

ALCOOLS

0

OFF -ROAD VEHICLES ACT

LOI

SURLES VEHICULES

A

CARACTERE NON

ROUTIER

0

Other Provincial

Act, Reg.

Autre loi, reglement provincial

0 Federal Act or Reg.

Loi ou reglerr.ent federal

O

By Law

Arrete ·

TO

WIT :

DISOBEY

TRAFFIC

CONTROL

DEVICE

ASAVOIR :

0

SPEEDING

EXCES DE VITESSE DESOBEISSANCE A UN DISPOSITIF DE REGULATIO NDE LA Cl

SIGNED

ON

THE DATE

OF THE OFFENCE OR

DATED

SIGNEE LE

JOUR

DE LA PERPETRATION DE L'INFRACTION

OU

FA

OND BETWEEN

THE

t:.t ONDRE ENTRE LE

0

Dri

ver/Ccnducteur

MAX EIM

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QUI SUIT NE FAITPAS PARTIE DE LA DENONCIATION

FINE ($)

AMENDE($)

COSTS( )

FR

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FINAL

DATE TOTA L ( )

DATE LIMITE

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CN

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PROCEEDING: 0 Default Conviction

PROCEDURES : Condamnation par del aut

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Hearing de novo

0

Trial

0

Exparte

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PLAICOYER :

0

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0

CONCLUSION :

0

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tayed per

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Procedures suspendues par :

AMOUNT/MON

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Non coupable

0

Guilty

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0

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Dismissed

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re

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0

Acquitted

Acqu inerr.ent

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'SUSPENDED SENTENCE

'CONDA.IANATION AVEC SURSIS -

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• SURCHARGE Wa ived Aasesaed enter amount under coals

• SURAMENOE Exemption lfTJIOsition indiquer le montanl au po ir.l

Fra

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TH IS IS TO CERTIFY THAT TtiE ITEMS

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PACKAGES IN WHICH THE SAME ARE CONTENANTS COl VENT ETRE :

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DEFAULT 0 DISTRESS·COMPANY ONLY

EN CAS CE DEFAUT SAISIE-GAGERIE - COM PAGNI SEULEMENT

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City of Portage a Prairie

NOTICE OF IMPOUNDMENT

S HEDULE

B

Owner: -

(Name and Address o Owner o Animal)

Description o Animal:

Date o Apprehension:

Time o Apprehension:

Location Animal Apprehended:

Place o Impoundment:

Hours o Operation o Pound:

8:00a.m. to 5:00p.m. Monday to Friday

Phone Number o Pound:

857-8900

Daily Pound Fee: ____ _ __

_____________________

ImpoundmentFeean orFine:

License Fee:

Other Costs or Fines:

Day the animal will be sold or destroyed:

Date Animal Control Officer



SCHEDULE C

PROCEDURES

AND

GUIDELINES

FOR

TRAPPING

OF

STRAY CATS

1 A citizen of the City ofPortage la Prairie who is annoyed with damages done to their

property as a result

of

a stray cat, may telephone the Animal Control Office and voice a

complaint, requesting that a cat trap be placed on his premises.

2. The Animal Control Office will fill out apportion of the complaint form, and as soon as

conveniently possible, will attend at the complainant s home for the purpose of completing

the complaint form, and

if

the complaint is found to be valid, the complainant will be

requested to sign the form, after which the Animal Control Officer will set a cat trap on the

complainant s property.

3. Cat traps can be set Monday to Friday.

4. Cats trapped during normal business hours (8:00a.m. to 6:00p.m.) will be picked up by the

Animal Control Officer and impounded.

5 Cats trapped after normal business hours will not be picked up until the following business

day. The complainant is responsible for the eat s welfare while trapped.

6 Cat traps will be picked up by the Animal Control Officer on Friday of each week, and may

be re-issued

if

need be.

7

The complainant is responsible for any damage to, or the loss of, the cat trap

yvhile

in his

possession and shall be billed for repair or replacement,

if

required.

8

The Animal Control Office shall only set traps when weather conditions are favourable.

9 At such time as the Animal Control Officer comes in possession

of

a trapped cat, the Animal

Control Officer will try to locate an identifying tag or tattoo on the cat, and if

found, will

make every effort to contact the owner of the cat in order to report that it has been

impounded.

10. If an identification tag or tattoo cannot be found on the impounded cat, the Animal Pound

will retain the cat for a period

of

at least 72 hours, and after that time, as space permits. After

said 72 hour period, it shall be at the discretion

of

the Animal Pound as to whether or not the

trapped cat shall be retained, sold to a new owner or be euthanized. However,

notwithstanding the care taken to ensure the return of an owner s cat, if a trapped cat shall be

found by the Animal Control Officer to be wild and dangerous, it may be euthanized

immediately upon being impounded by the Animal Control Officer.

11. At such time as the cat owner attends at the Animal Pound for the purpose of picking up his

or her cat, a fine in accordance with the Fees and Charges By-Law may be levied against the



Animal Control

l ib Street N.E.

Portage Ia Prairie, MB

Telephone: 857-8900

CAT COMPLAINT

Date Received:

Time:

Name ofComplainant:

Address:

Telephone: Residence)

_________

Business) ___________

Nature

of

Complaint:

Signature ofAnimal Control Officer

The undersigned hereby agrees to the following terms as stated in the Procedure

and

Guidelines for Trapping

of

Stray Cats and agrees to cover costs associated with damaged

or

lost traps:

Signature ofComplainant

Date Cat Trap Set:

___________ _

Time:

Date Cat Trap Removed:

Time:

Returned in Good Repair:

Yes No

Was a Cat Trapped:

Yes

No

___

Description

of

Cat Trapped:



•


DOG/CAT BITING REPORT

SCHEDULE D

Owner

Date:

Address

Land

Location

Telephone

Residence:

Business:

Description of

Offending

Animal

Species

Breed:

Sex:

Color

Tattoo

Rabies Vaccination

History

Date

Incident

Occurred

Person

Bitten:

Name:

Address

Telephone

Events

surrounding incident and

severity

of bite:

The above described animal will be released back into the owner's care prior to the completion of a 1 0 day

impoundment as mandatory under the Animal Control By-Law provided the following conditions are met:

1.

The owner has paid all pound fees calculated at the daily rate set out

in

the Fees and Charges By-Law together

with any costs or fines assessed against the Owner.

2

The offending animal must be prevented from having any contact with any person or animal excepting for the

owner for a period of 10 days from the date of release. Observation of any behavioural changes must be reporte

to the Animal Control Officer or supervising veterinarian immediately. The animal must be kept indoors or

confined to a locked fenced enclosure not accessible to any persons who may from time to time enter the

premises. The owner must not take the animal to any public locations during this time. THE OWNER MUST

REPORT

TO

THEUNDERSIGNED VETERINARIAN IMMEDIATELY AFTER THE 10 DAYS HAVE ELAPSED.

3

A clearly visible sign must be posted at the entrance way with wording such as BEWARE. DOG BITES .

4

Proof

of

current rabies vaccination must be provided. The offending animal can not be vaccinated for rabies whil

under the above restrictions but it is mandatory that vaccination be done as soon as possible thereafter.

5

Concern for rabies is the basis for the above conditions. I f it is deemed advisable and depending upon the

severity of injuries that have occurred, impoundment

of

the animal for the 10 days as set out by Manitoba Health

Regulations and City

of

Portage a Prairie by-law may be required.

6

The owner will be responsible for all veterinary, and City Pound charges that may arise from this incident.

7

Cats must be held by the Pound for the entire 10 day impoundment period.

Signature

of

Owner

Signature

of

Veterinarian



Application for Excess Animal Permit

Schedule

E -Animal Control By-Law 02-8165

Applicant:-------------------. . . .------------

Permit Address:

(Apt./Street Number) (City) (Prov.) (Postal Code)

Mailing Address: = = =

(i f different than above) (Apt./Street Number) (City) (Prov.)

(Postal Code)

Fax Number

elephone Number(s)

-----------

1. I

the applicant identified above, hereby apply for a permit referred to above.

2.

The Excess Animal Permit will cover:

Name Breed Colour

Spay/Neut.

License

Cat

Dog

Cat

Dog

Cat

Dog

Cat

Dog

Cat

Dog

Cat

Dog

Cat

Dog

Cat

Dog

3.

I have had a permit for excess animals: __ Denied .__ Revoked

__

Suspended

I hereby certify the above information to be correct and acknowledge that any false statements

made upon this application may result in the revocation of the permit applied for and/or

prosecution.

I hereby acknowledge all pets owned by the applicant must be licensed in accordance with the

City of Portage la Prairie Animal Control By-Law 02-8165.

I hereby acknowledge that every premise, which is approved pursuant to this application, shall be

inspected annually and the applicant who obtained the approval shall pay an annual inspection

fee in accordance with the current Fees and Charges By-Law forthwith after such inspection.

I hereby acknowledge that Council's decision

is

final and that there is no appeal process.

Date

Signature

of

Applicant

Fee:

0 Application

0 Annual Inspection

Received by:



.

Excess Animal Site Inspection

Schedule

F

Animal Control By-law 02-8165

Purpose: New Application:

Permit Renewal:

Applicant:

Address:

Date of

Inspection:

Date of Application:

Inspected by:

Description of Structure

and

Property

2 storey

bungalow,

basement fence side by side,

etc.)

Condition of Structure

and

Property: cleanliness,

odours fecal matter

upkeep, etc.)

Number and Description of Animals Presently on the Property:

Name Breed Colour . Spay/Neut. License

Cat

Dog

Cat

Dog

Cat

Dog

A .

lC

ma

are

~ q i p m e n an

t dS

r

pp.1es:

Food

Kennels Outdoors

· Outdoor Runs Misc

Recommend Approval:

Yes:

No:



Report to CouncilTo: Community Services Committee


File #: CMOPS-57


Re: Disc Golf Course Agreement

ISSUE:

To authorize the City of Portage la Prairie to enter into an agreement with the Portage la Prairie Rotary Club

for signage in recognition of its funding contribution to the Disc Golf Course.

ALTERNATIVES

1. To authorize the agreement

2. To not authorize the agreement


The City of Portage la Prairie intends to construct and maintain a Disc Golf Course with the equipment being

paid for by fundraising conducted by Cody Buhler and with a contribution from the Portage la Prairie Rotary

Club. The Disc Golf Course will be located on Island Park.

The Portage la Prairie Rotary Club wishes to have signage at the Disc Golf Course acknowledging their

contribution to the establishment of the Course and to name the Course the “Rotary Disc Golf Course”.

The general terms of the agreement are as follows:

The City of Portage la Prairie agrees to:

• Provide exclusive signage recognizing Rotary’s contribution to the Disc Golf Course and naming it the

Rotary Disc Golf Course for a 10 year term

• Refer to the park as the Rotary Disc Golf Course in any promotional material

• Allow the Rotary to promote events to be held at the Disc Golf Course

• Provide 100 disks, bearing the Rotary name and logo, for use by the public

The Portage la Prairie Rotary Club agrees to:• Donate $5,000 to the City to be used, in part, to place the signage and purchase equipment for the

Disc Golf Course.


THAT the Council of the City of Portage la Prairie approve the agreement with the Portage la Prairie Rotary

Club for signage in recognition of its funding contribution to the Disc Golf Course and authorize the Mayor

and City Manager to sign the Agreement on behalf of the City of Portage la Prairie.



NAMING RIGHTS AGREEMENT

BETWEEN:

THE CITY OF PORTAGE LA PRAIRIE.........................................the CITY

- and -

THE PORTAGE LA PRAIRIE ROTARY CLUB.............................ROTARY

WHEREAS the CITY intends to construct and maintain a Disc Golf Course (hereafter

referred to as the Course) and the equipment for the Course will be paid for by

fundraising conducted by Cody Buhler and with a contribution from ROTARY;

AND WHEREAS ROTARY wishes to have its name displayed prominently at the Course

in recognition of its funding contribution;

NOW THEREFORE in consideration of the mutual covenants set forth herein and other

good and valuable consideration, the receipt and sufficiency of which are hereby

acknowledged, the CITY and ROTARY hereby agree as follows:

1. For a period of 10 years from the date of this Agreement, the CITY will place

signage at the Course acknowledging the contribution of ROTARY to the

establishment of the Course and to name the Course the Rotary Disc Golf Course.

2. During the term of this Agreement, the CITY will not permit any other group,

person or organization to place similar signage at the Course without the prior

consent of ROTARY.

3. During the term of this Agreement, the CITY will refer to the Course as Rotary Disc

Golf Course in any promotional material or information it provides regarding the

CITY's recreation facilities.

4. The CITY may from time to time permit a regional, nation or provincial events to

take place at the Course and may, for the purpose of promoting such events, place

temporary signage at the Course.



2

5. ROTARY may promote events to be held at the Course through posters and other

media, on websites of ROTARY and through other advertising.

6. Except for regional, national or provincial events as described above, the CITY

agrees not to cover, obscure or remove any signage by ROTARY without its

consent, which consent may not be unreasonably withheld.

7. In addition to the fixed signage, the CITY will provide 100 discs for use by the

public at the Course, which discs will bear the Rotary name and logo on the top

and centre of the disks.

8. ROTARY, on behalf of the holder of any trademark or copyright concerning theRotary name and logo, hereby authorizes the CITY to use the name and logo in

connection with the Course and agrees to protect and indemnify the CITY from

any actions or claims brought against it by the holder of such trademarks or

copyrights.

9. For and in consideration of all rights and benefits granted to ROTARY herein,

ROTARY shall donate to the CITY the sum of $5,000.00. ROTARY acknowledges

that the funds will be used in part to place the signage and purchase equipment for

the Course, in conjunction with other funds raised by Cody Buhler, and that any

funds raised in excess of the cost of the equipment will be retained by the CITY to

off-set the cost of future signage and equipment repairs and replacement.

10. The CITY assumes full responsibility and liability for the Course and shall defend,

indemnify and hold harmless ROTARY, together with ROTARY’s members,

officers, directors, principals, agents, employees and other representatives, from

and against any and all losses, liabilities, costs, expenses, damages, claims,

demands, actions, suits, judgments and other obligations including, withoutlimitation, outside solicitor’s fees and court costs, arising from or as a result of the

existence or use of the Course.

11. In the event the CITY, at the end of the Term of this Agreement, offers to the public

the opportunity to purchase similar naming and signage rights as are contained in

this Agreement and receive a bona fide offer to purchase the naming and signage

rights that it is willing to accept, the CITY shall give ROTARY written notice of the



3

offer by sending to it a true copy of the offer and ROTARY shall have the right,

during the next 30 days after the giving of the notice, to elect to purchase the

naming and signage rights for the price and upon the terms and conditions

contained in the offer by giving written notice to that effect to the CITY.

12. Time is of the essence in this Agreement.

IN WITNESS WHEREOF the Parties have entered this Agreement effective this ___

day of , 2014.

CITY OF PORTAGE LA PRAIRIE THE PORTAGE LA PRAIRIE ROTARY CLUB

MAYOR PRESIDENT

CITY MANAGER VICE-PRESIDENT



Information

To: Diane Stasiuk, Chair Community Service CommitteeFrom: AdministrationDate: August 28, 2014Re: PRRA News & Events

The Portage Regional Recreation Authority operates and maintainsmany different recreation facilities in the City of Portage la Prairie.

These include Rotary Republic Park, Beaver Stadium, Splash Islandand the PCU Centre. These facilities have welcomed many events andthousands of visitors to the City of Portage la Prairie for the last fewmonths.

The PCU Centre was a busy place this summer hosting 7 large eventsas well as numerous programs including PRRA Summer Camp, rollerderby, and lacrosse.

The large events started before the ice was removed in May whenHockey Manitoba held its annual Top 40 Program of Excellence Campat the PCU Centre. This camp welcomes the Top 40 male and femalehockey players from Manitoba to Portage on a yearly basis.

Next up was the Shrine Circus which is always well attended and onceagain the Circus didn’t disappoint. The Circus draws an average of1,500 people to the PCU Centre during its event.

Once the middle of June rolled around the PCU Centre and the PortageCredit Union Arena were a busy place. First Portage Collegiate held itsannual graduation ceremonies at the PCU Centre. Followed quickly bythe Enns Brothers Combine Show, which draws in visitors from allacross Central and Southern Manitoba.

PRRA



The 142nd

PortageX started off a busy month of July for the PCU Centrewhich included the third Roller Derby Bout of the season that was heldin the Portage Credit Union Arena. The following weekend saw some ofManitoba and Saskatchewan’s top roller derby teams compete in the

First Annual Roller Derby Tournament in Portage la Prairie.

The WatchTower Convention which was the largest of the events tookplace July 17 – 27. Over the six days the convention was held morethan 5,000 individuals visited the PCU Centre. The majority of visitors tothe WatchTower Convention are from outside the City and RM ofPortage la Prairie coming from all across North America.

The last event of the summer was the Potato Festival which celebratesPortage and the surrounding area. The event is always well receivedand attended.

The ice was installed in both arenas and camps of all sorts startedtaking place August 12th

. This included camps for figure skating,ringette, and hockey.

The Shindleman Aquatic Centre has noticed increased rentals bothduring the day and evening time slots that are available. The PCUCentre has seen an increase in meeting room rentals as many groupsare repeat users of the facility.

The PCU Centre is home to the Portage Farmers Market with themarket taking place every Wednesday and Saturday throughout thesummer. The market brings many different visitors to the Centrethroughout the year.

Rotary Republic Athletic Field Complex has seen increased usage evenwith the damp weather. The summer started off a little slower thannormal at Splash Island during the cool stretch of summer, butattendance rose sharply over the last 6 weeks of summer.

During the summer the PRRA also worked hard to complete upgradesto the Refrigeration Plant, Dehumidification Units, and the Portage



Credit Union Arena in preparation of the 2015 RBC CUP that will behosted in May 2015.

Currently the PRRA has over 570 members who utilize the Viterra

Fitness Centre and Co-op Walking Track on a regular basis. With PRRAFitness Day and cooler weather around the corner it is expected tocontinue to increase.

Now that fall is upon us swimming lessons will resume in full swing atthe Shindleman Aquatic Centre, registrations are currently underway forall fall and early winter classes.

The PRRA Board and staff are looking forward to another busy winterseason that brings along many different visitors to the PCU Centre andthe City and RM of Portage la Prairie.

Upcoming Events:

September 9 – 30 Jumpstart I Love to Skate ProgramSeptember 7 Portage Junkyard Dogs TriathlonSeptember 23 PRRA Fitness DaySeptember 26 – 28 Central Plains Female ShowcaseSeptember 28 Total Health ExpoOctober 22, 29 & Nov 5 RHA Flu Clinic



Report to Council



File #:

Date: Sept 22, 2014

Re: 2014 Added Taxes/Deletions- Batch 2

ISSUE:To add to / delete from the City of Portage la Prairie assessment roll for the year 2013 and 2014, a listof assessments provided by the Municipal Assessment Branch under Section 326 of the Municipal

Act.

ALTERNATIVES:1. To bill and cancel taxes2. To not bill nor cancel taxes

ANALYSIS:

The assessors have provided another list of additions and deletions to the assessment roll. Councilmay cancel any taxes, debt or monies owing to the City.

This report is made up primarily of additions or renovations on existing commercial properties.

The additional tax revenue budgeted for 2014 was $125,000 based on building permits issued in 2013and estimated new assessment growth. Any amount over $125,000 will be transferred to the GeneralReserve. The actual amount of added taxes in this batch total $54,109 totaling $202,769 received fromthe Assessors at this time.

Also included in the schedule attached is a list of taxes for cancellation. The cancellations amount to$4,420 and are charged off to an allowance account.

Any appeals for these supplemental bills will be presented at the regularly scheduled Board of

Revision Hearing set for November 10, 2014.


THAT pursuant to Section 326 of The Municipal Act, the Council of the City of Portage la Prairieauthorize the 2014 reported additions and deletions to the assessment rolls and realty taxes of the Cityof Portage la Prairie as provided by the assessors.

NEW BUSINESS



Additions: Assessed Portioned

Class Value Value

2013 10T 0 0

60T 831,600 540,550

831,600 540,550

2014 10T 292,900 131,81080T 120,000 54,000

60T 352,100 228,880

765,000 414,690 Addition Details:

17,179$ new builds

33,887$ additions/reno's to existing

1,359$ taxable to exempt or class change

1,684$ new plans

-$ reinspection (adjustment by assessor)



202,769$ Note: 2014 budget is $125,000General Reserve Transfer - anything over

$125,000

Cancellations: Assessed Portioned

Value Value

2013 10T 0 0

12T 0 0

60T 20,600 13,390

20,600 13,390

2014 10T 131,200 59,060

10E 0 0

11T 66,600 29,970

12T 0 060T 43,200 28,080

60E 0 0

241,000 117,110

Cancellation Details:

(2,380)$ reinspection (adjustment by assessor)

(852)$ removals/demolitions

-$ taxable to exempt or class change

(1,187)$ new plans

(4,420)$



Report to Council



File #: CCBL-95


Re: 2015 Fees & Charges By-Law 14- 8624

ISSUE:

Annual review and update of the Fees & Charges By-Law.

ALTERNATIVES:

1. To approve the 2015 fees and charges as set out in By-Law No. 14-8624

2. To adjust any or all fees and charges before approving


The Fees & Charges By-Law pulls together all the fees collected by the various departments withinthe City, and is updated annually to reflect any changes. This new by-law is scheduled to becomeeffective January 1, 2015.

Proposed changes to the 2015 Fees and Charges By-Law include:

1. PUBLIC SAFETY – Schedule A

• Increase under Clause 6 – Fire Inspection Services – File Searches from $60.00 to $75.00

• Clause 7b – Impoundment Feesi. Per day or part thereof

Dogs or cats - Increase from $15 per day to $20 per day(Cost of living

increase) Dangerous dogs – Increase from $25 per day to $30 per day (Cost of living

increase)

2. OPERATIONS - Schedule B

•

Clause 2 – Sidewalk Snow Clearinga) Per 20m frontage or portion - Increase from $31 to $32 b) Minimum Charge - Increase from $61 to $62

• Clause 3 – Cemetery (Note: Increases based on the attached survey)a) Hillside Memorial Park

i) Adult Grave - increase from $949 to $1100ii) Stillborn & infant up to 2 years – increase from $259 to $300iii) Cremation Grave – increase from $462 to $500



b) Purchase of cemetery Graves at St. Marys Cemetery and Hillside Cemeteryi) Adult Grave - increase from $850 to $1100ii) Stillborn & infant up to 2 years – increase from $213 - $300iii) Cremation Grave – increase from $368 to $500

c) The opening and closing of graves:

i)

Adult grave (all seasons) – increase from $630 to $850ii) Stillborn & & infant up to 2 years – No Changeiii) Cremation grave – Increase from $315 to $350

• Clause 3f - Funeral Services leaving the cemetery after 4:00 p.m. on a week day shall have anadditional charge of:i) Cremation – Increase from $64 to $150 per hour or portion thereofii) Traditional – Increase from $125.00 to $150 per hour or portion thereof

• Clause 3g - Funeral Services on a Saturday or holiday shall have an additional charge of:i) Cremation – Increase from $99 to $250ii) Traditional – Increase from $171 to $500

• Clause 3h - Monument permit (GST Exempt) – increase from $11 to $20

•

Clause3 i - Transfer of cemetery deed title(GST Exempt) – increase from $23 to $50• Clause 3 k – New Fee – Interment Fee for cremation burials over existing traditional burials

up to 4 per burial plot – Oakville has a similar fee in place.

• Clause 5 – Fees for Special ServicesClause b - Building Service Connection Permit - Increase from $135 to $140Clause c (b) - Eades Map - Increased from $23 to $24Clause c (d) - Standard Specification – Increase from $23 to $24Clause c (e) - Drawing Plots – Black & White – Increase from $23 to $24Clause l (ii) - added words “and each subsequent”

• Clause 10 – Traffic By-Lawa)

Curb Cut/driveway permit - Increase from $25 to $30

b)

Culvert Permit (includes survey) – increase from $120 to $130• Clause 12 – Equipment Rental –Increase by the CPI of 2.2% and rounded off of Rental

Charges only.

3. ECONOMIC DEVELOPMENT - Schedule C – No changes

4. FINANCE - Schedule D

• Clause 1 – Tax Certificates – increase from $25 to $30 Rationale: Survey indicated other municipalities charging $30 to $45 per certificate.

• Clause 2 – Livery Driver’s Permit and Livery Vehicle License :a) Livery Driver License – current $18. Increase to $36

Rationale: Survey indicated other municipalities are charging $42 to $50 per year. Anincrease is warranted with the amount of administrative work to process the license.While the recommendation is double to what is current, it is still low in comparison toother municipalities.

b) Livery Vehicle – current $18 – increase to $120 per year. Rationale: Survey indicated other municipalities are charging $130 to $272 per year. Anincrease is warranted with the amount of administrative work to process the permit. The



largest taxi company which has 7 vehicles in operation would see an increase of $714annually. While the recommendation is quite higher than the current charge, it is still lowin comparison to other municipalities.

• Clause 7(b) – Burglary and Robbery Alarm Systems

Change in wording: Excessive False Alarm Fee – per false alarm following two false alarmswithin 12 months. The change was to comply with Alarm By-Law No. 13-8607approved in2014.


September 22, 2014: THAT Council of the City of Portage la Prairie approve the Fees and Charges schedules for the year2015 by giving By-Law No. 14-8624 first reading.

October 14, 2014:THAT By-Law No. 14-8624 being the 2015 Fees and Charges By-Law, be now read a second time.

THAT By-Law No. 14-8624 be now read a third time, finally passed, signed and sealed.



CITY OF PORTAGE LA PRAIRIEBY-LAW NO. 14-8624

BEING A BY-LAW OF THE CITY OF PORTAGE LA PRAIRIE to revise and update thefees payable to the City of Portage la Prairie for municipal services rendered under the

authority of The Municipal Act, The Planning Act, The Noxious Weeds Act, and the By-laws of the City.

WHEREAS the Council of the City of Portage la Prairie deems it advisable to include inone by-law the fees and charges payable to the City for certain services rendered byofficers and employees of the City;

NOW THEREFORE, THE COUNCIL OF THE CITY OF PORTAGE LA PRAIRIE INOPEN SESSION ASSEMBLED HEREBY ENACTS AS A BY-LAW AS FOLLOWS:

1. THAT this By-law shall be known as THE FEES AND CHARGES BY-LAW for the

year 2015;

2. THAT the fees and charges payable to the City of Portage la Prairie for servicesrendered by officers and employees of the City shall be as set out in the followingschedules attached hereto;

Schedule "A" Public Safety DepartmentSchedule "B" Operations DepartmentSchedule "C" Economic and Community DevelopmentSchedule "D" Finance and Administration

3. THAT Council may from time to time, by resolution, amend each and every scheduleattached to this by-law.

4. THAT the fees and charges set out in the schedules attached to this by-law shall take precedence over any other by-law.

5. THAT all fees and permits related to planning are approved as set by the Portage laPrairie Planning District.

6. THAT all fees related to disposal of solid waste at the solid waste disposal site areapproved as set by the Portage la Prairie Regional Landfill Authority.

7. THAT all fees related to recreational facilities and programs are approved as set by thePortage Regional Recreation Authority.

8. THAT any unpaid fees or charges owed to the City by any tax payer including any penalties related thereto as well as any fines imposed on the taxpayer by the court forcontravention of the City By-Laws may be added to the taxes of the said tax payer andmay be collected or enforced in the same manner as a tax as defined by the Municipal




Fees and Charges By-Law No. 14-8624

Page 2

Act, L.M. 1996 c.58.

9. THAT this By-Law shall come into force and effect on January 1, 2015.

10. THAT By-Law No. 13-8608 is hereby repealed.

DONE AND PASSED AS A BY-LAW OF THE CITY OF PORTAGE LA PRAIRIE BYTHE COUNCIL THEREOF IN OPEN SESSION ASSEMBLED THIS DAYOF , 2014.


Read a lst time this day of , 2014Read a 2nd time this day of , 2014Read a 3rd time this day of , 2014





Page 3

FEES AND CHARGES BY-LAW

Table of Contents

Schedule "A" – Public Safety Department Page

1. Fire Alarms ................................................................................................ 6

2. Fire Fighting Services Outside Boundaries of the City .............................. 6

3. Rescue Services Outside Boundaries of the City ........................................ 6

4. Fire Fighting Services Within Boundaries of the City ................................ 6

5. Rescue Services Within Boundaries of the City ......................................... 6

6. Fire Inspection Services ................................................................................ 6

7. Animal Control ........................................................................................... 6a) Dog or Cat Licenses b) Impoundmentc) Restricted Animalsd) Penalties

8. Traffic By-Law ........................................................................................... 8a) Parking Meter Rates b) Towing Feesc) Parking Ticket Finesd) Parade Permite) Special Parking Permitsf) Replacement of Special Parking Permitsg) Metered Parking Space Rentalh) Recovery of Bicycle from Impoundmenti) Lien Charge on Vehicle

9. Criminal Record Checks ............................................................................... 8





Page 4

Schedule "B" – Operations Department Page

1. Solid Waste ................................................................................................. 9

2. Sidewalk Snow Clearing ............................................................................. 9

3. Cemetery ..................................................................................................... 9

4. Rental of Traffic Control Devices.............................................................. 10

5. Fees for Special Services .......................................................................... 11

6. Trees/Hedges/Shrubs ................................................................................ 12

7. Noxious Weeds ......................................................................................... 12

8. Fire Hydrant Use ....................................................................................... 13

9. Surplus Equipment/Materials .................................................................... 13

10. Traffic By-Law ......................................................................................... 13a) Driveway Permit b) Culvert Permitc) Excavation Permit

11. Fees for Private Hydrant System .............................................................. 13

12. Equipment Rental ....................................................................................... 13

Schedule "C" – Economic & Community Development

1. Island of Lights…….…………………………………………………….. 16

2. Other ......................................................................................................... 16a) City Pins b) City Pins including mailingc) Zoning By-Law with Map

3. Development Agreement Fees .................................................................... 16

4. Capital Levy – All Applications ................................................................. 16

5. Recreation Dedication ................................................................................. 16





Page 5

Schedule "D" – Finance and Administration Page

1. Taxes ......................................................................................................... 17a) Tax Certificate

b) Tax Sale Costsc) Tax Statement photocopiesd) Tax Account print outse) Tax Sale Agreement Administration Fee

2. Livery Driver’s Permit and Livery License ................................................ 17

3. Photocopying ............................................................................................ 17

4. Returned Cheques ..................................................................................... 17

5. Copy of Voters List ................................................................................... 17

6. Copy of Water and Sewer Bill .................................................................. 18

7. Burglary and Fire Alarm Systems Permits ............................................... 18

8. Garage Sale Licenses ................................................................................ 18

9. Business Licenses ............................ .......................................................... 18

10. Trailer License Fees ......................... .......................................................... 18

11. Special Event Permits ...................... .......................................................... 18

12. Accounts Receivable ........................ .......................................................... 18





Page 6

SCHEDULE "A" - Public Safety Department

1. Fire Alarms

The annual rental payable for fire alarm shall be 400.00

2. Fire Fighting Services Outside Boundaries of the City

(at MPI current rates) excluding the R.M. of Portage laPrairie and Dakota Tipi First Nation as per agreementa) Each hour or portion thereof

MPI Current Rate

3. Rescue Services Outside Boundaries of the City (at

MPI current rates) excluding mutual aid:a) Basic Calls b) Complex Calls

MPI Current RateMPI Current Rate

4. Fire Fighting Services Within the Boundaries of the

City (at MPI current rates) when it is a vehicle owned by a non-residenta) Each hour or any portion thereof MPI Current Rate

5. Rescue Services Within the Boundaries of the City (at

MPI current rates) when it is a vehicle owned by a non-resident:a) Basic Calls b) Complex Calls

MPI Current RateMPI Current Rate

6. Fire Inspection Servicesa) File Searches 75.00

7. Animal Control a) Dog or Cat Licenses:

The annual fee payable for dog or cat licenses shall be as follows:

i. Dangerous Animal, the sum ofii. For each male dog or cat, the sum of (no

charge if purchased between January 1

and March 31)iii. For each female dog or cat, the sum of (no

charge if purchased between January 1

and March 31)iv. For each spayed female dog or cat or

neutered male dog or cat ((no charge if

purchased between January 1 and March

31)

250.0030.00

30.00

15.00





Page 7

v. Replacement of lost dog or cat licensevi. Companion Dog (with proof)

vii. For dog or cat acquired after August 31(excluding dangerous dogs

viii. Transfer fee to new owner

ix. Penalty for failing to obtain a valid petlicensex. Application for Excess Animal Permit

(non-refundable – includes 1st yearinspection fee)

xi. Inspection of premises for excess animals(annual)

b) Impoundment:The fee payable for the impoundment of dogs andcats shall be as follows:

i. Per day or part thereof Dogs or cats

Dangerous dogsii. Veterinary fees – cats and dogs

5.00 No Charge

50% of above schedule

No Charge

100.00

150.00

75.00

20.0030.00

Actual

c) Restricted AnimalsThe annual fee payable for a license to keep arestricted animal as defined in the Animal ControlBy-Law, if approved by Council shall be 100.00

d) Penalties

i. For a first offenceii. For a second offence, occurring within 12months of the first offence

iii. For a third offence, occurring with 12months of a second offence

If the penalty is not paid by due date (30 days from dateof offence) charges upon conviction:

i. First offenceii. Second offence

iii. Third offenceOr imprisonment for term not exceeding 3 months, or both such fine and such imprisonment (Sec. 249Municipal Act)

Interference or obstruction of the duties of an AnimalControl Officer or imprisonment for a term of not morethan 60 days, or both, plus all applicable costs and penalties.

100.00250.00

500.00

250.00500.00

1000.00

1000.00





Page 8

8. Traffic By-Law: a) Parking Meter Rates

The fees payable for metered parking in spaces setout in the City of Portage la Prairie Traffic By-Law

shall be as follows:ZONE A – for each 15 minutesZONE B – for each 6 minutes

b) Towing FeesThe fees payable for towing and impounding of avehicle under the Traffic By-Law shall be

c) Parking Ticket FinesWhen a summons is left in or affixed to the vehicle orhanded to the owner or operator thereof, the full fine

may be paid in disposition of the offence as follows:i. Overtime parking in a metered spaceii. Parking violation of snow removal ban or

routine snow removaliii. Any other stopping, standing or parking

violationIf the ticket is paid within 12 days from the time that asummons is left in or affixed to the vehicle or handed tothe owner or operator thereof, a discounted rate may be paid in disposition of the offence as follows:

i. Overtime parking in metered space

ii. Parking in violation of snow removal baniii. Any other stopping, standing or parkingviolation

0.25 cents.05 cents

Actual costs

40.0040.00

40.00

10.00

30.0010.00

d) Parade Permite) Special Parking Permitsf) Replacement of Special Parking Permitsg) Metered Parking Space Rentalh) Recovery of Bicycle from Impoundmenti) Lien Charge on Vehicle

No Charge No Charge No Charge No Charge No Charge

60.00

9. Criminal Record Checks

a) Criminal Record Checks for volunteer and Non-Profit organizations

b) All other requests for Criminal Records Checks

No Charge

25.00





Page 9

SCHEDULE "B" - Operations Department

1. Solid Waste:

The fees payable for the collection of solid waste & recyclables, including GST:

a) Multi Family Dwellings – for amount greaterthan permitted by Solid Waste By-Law

i. 2 cubic meter bin (per lift)ii. 3 cubic meter bin (per lift)

iii. 363 litre cart (per lift)iv. 242 litre cart (per lift)v. Locks and lids

b) Solid Waste/Recycling - the fee chargeable for:i. Retail outlets for resale of tags(GST

Exempt)ii. Each solid waste tag (GST Exempt)

iii. First Recycling Boxiv. Each additional Recycling Box Deposit

(GST Included)v. Collection service fees(per dwelling unit)

Solid Waste (annual fee, billedquarterly)

Recycling(annual fee billedquarterly)

vi. Rural Municipality Residents RecyclingBox (cost plus 30%)

Per Contract*Per Contract*Per Contract*Per Contract*Per Contract*

*plus administration andtipping fee allowance of

30%

.90

1.00 N/C

10.00

75.00

25.00

13.00

2. Sidewalk Snow Clearing:

The fees chargeable for sidewalk snow clearing in commercial areas in accordancewith the Highway Traffic By-Law shall be:a) Per 20m frontage or portion thereof (shovel) b) Minimum charge (Shovel)c) Per Meter Frontage (Loader)

32.0062.00

8.00

3. Cemetery:

All fees are subject to GST unless otherwise specified:a) Hillside Memorial Park Cemetery shall be:

i. Adult grave (includes cement base formonument)

ii. Stillborn & infant up to 2 yearsiii. Cremation grave

1,100.00

300.00500.00





Page 10

b) The fees chargeable for the purchase of cemeterygraves at St. Mary’s Cemetery and HillsideCemetery shall be:

i. Adult graveii. Stillborn & infant up to 2 years

iii. Cremation grave

c) The opening and closing of graves shall be:i. Adult grave (all seasons)

ii. Stillborn & infant up to 2 yearsiii. Cremation grave

d) Double depth interment shall be:

e) Disinterment

f) Funeral Services leaving the cemetery after 4:00 p.m. on a week day shall have an additionalcharge of:

i. Cremation

ii. Traditional

g) Funeral Services on a Saturday or holiday shallhave an additional charge of:

i. Cremationii. Traditional

h) Monument permit (GST Exempt)

i) Transfer of cemetery deed title(GST Exempt)

j) Columbarium – perpetual care as per agreementwith Guinn and Simpson

i. Opening/closingii. Opening/closing after 4 pm weekday

iii. Opening/closing Saturday/holiday

k) Interment Fee – for cremation burials overexisting traditional burials up to 4 per burial plot

1100.00300.00

500.00

850.00 Nil

350.00

Double the prevailing rate

Double the prevailing ratefor interment

150.00/hour or portionthereof

150.00/hour or portionthereof

250.00500.00

20.00

50.00

100.0050.0060.0090.00

$150.00

4. Rental of Traffic Control Device: (GST Extra)The fees chargeable for rental of traffic control devices for 3 days or fewer shall be:

Rate Deposit for

first 5 units

(Repl. Cost)





Page 11

Snow Fence (50ft)Snow Fence (100ft)PostsBarricades (Neighbourhood Block Parties)Barricades

Pylons

10.0020.00

.30FREE

2.00

.50

20.0040.00

1.0015.0015.00

8.00

5. Fees for Special Services: (GST extra, unless otherwise noted)

a) For Custom Work (Labour & Material)Overtime rates may apply

b) For a Building Service Connection Permit(includes survey check)

Lead Water Service Line Replacement permitAdditional Inspections

c) For office:a. Scan to file – per sheet b. Eades Map – per pagec. Zoning Map (color)

d. Standard Specificationse. Drawing Plots – black & white, color line

- Colour - shaded

d) For Septic Truck Dumping – per load (14,000 Lor part)

e) Water meter calibration

f) Water meter re-sealingIf in crawl space or under mobileMeter by-pass re-sealing

g) a. ARB relocation and/or wiring repair

(Exterior Move using existing wiring) b. ARB relocation and/or wiring

replacement from meter.i. If in crawl space or under mobile

homec. Inspection for water leaks (request for)

i. If under a mobile homed. Missed appointment charge

Actual cost plus 30%

140.00

N/C50.00

15.0024.00

Small 40.00Large 50.00

24.0024.0040.00

25.00

As per Current Water/Sewage Rate By-Law

40.00135.00150.00

55.00

75.00175.00

50.00150.0020.00





Page 12

h) Lot Grading/Staking/Footing Check – per lot(includes first lot grade check)

i) Lot Grade or Foot Grade Check – per lot(subsequent)

j) Private Water Testing (min $30.00 labourcharge)

180.00

130.00

Cost + 30%

l) Water Service Activations/Deactivations (in accordance with the Public

Utilities Board and the Current Water/Sewer Rate By-Law): (notapplicable to GST)

i. Residential 40.00ii. Residential – afterhours 95.00

iii. Commercial/construction 45.00iv. Commercial/construction – afterhours 95.00

v. Reconnection fee (for unpaid accounts) 40.00vi. Reconnection fee – afterhours 95.00vii. Damaged water meter change out/repair

viii. Change to water/sewer user 40.00i. After hours 95.00

ix. Curb stop locate - residential 35.00*- commercial 40.00*

*Note: These items were added as new items in 2013 and were notincluded in the Water & Sewer Rate By-Law.

m) Development Drawing & Specification Reviewi. 1st and 2nd review

ii. 3rd review and each subsequent N/C

62.00/hr

6. Trees/Hedges/Shrubs:

The fee chargeable for: Includes 10% AdministrationFee)a) trimming/removal b) minimum chargec) Reforestation per tree (Urban Forestry Policy)

Cost + 30%60.00

200.00

7. Noxious Weeds:

The fee payable for the cutting of Noxious Weedsunder the Noxious Weeds Act shall be: (Includes10% Administration Fee)a) Minimum per parcel b) Per Acrec) Maximum as Per Act

60.00105.00500.00





Page 13

8. Fire Hydrant Use (Temporary)

a) Application fee b) Rental charge (unmetered)c) Water (bulk sales rate) per 1,000 gallons

d) Gate valve/backflow prevention valve/lock,meter prorated with minimum charge of

45.0070.00/day

As per Current Water/Sewage Rate By-Law

70.00/month70.00

9. Surplus Equipment/Materials (GST Extra)

a) Culvert

New – Cost

Used (good) per meter

Used (fair) per meter

b) Misc. used pipe – per meterc) Drums – eachd) Cold mix asphalt

per tonne

per cubic metere) Rootx 15 root getter – per 50 feet of service line

(Includes 10% Administration Fee)f) Calcium Chloride – per bagg) Asphalt Millings (not delivered, not loaded) per

m3

Actual including shipping +10% Administration Fee

20.0012.00

20.0015.00

Cost plus 20% Admin. Fee2.5 x tonne rate

55.00

Cost plus 10% Admin. Fee10.00

10. Traffic By-Law a) Curb cut/driveway permit b) Culvert Permit (includes survey)c) Excavation Permit

30.00130.00

No Charge

11. Fees for Private Hydrant System Connections

(Annual):

As per the Current Water/Sewage Rate By-law

12. Equipment Rental

The fees chargeable for Equipment Rental shall be as follows: (GST & PST Extraas Applicable)

* Note: Shift Premium or overtime rates may apply.





Page 14

ItemHourly Rental

of Item

Regular TimeHourly Labour tobe Included withRental of Item *

30%Overheadon Hourly

Labour

RegularTime Total

DoubleTime HourlyLabour To

be Includedwith Rental

Item *

DoubleTime 30%Overheadon Hourly

Labour

DoubleTimeTotal

5 yd. Truck $30.00 $29.00 $9.00 $68.00 $58.00 $17.00 $105.00

Sander $104.00 $29.00 $9.00 $142.00 $58.00 $17.00 $179.00

1 ton Truck/CrewCab/Van or ½ TonTruck Daily Charge

$42.00 dailyplus .43/km

$29.00 $9.00

$42+$38/hr

plus.43/km

$58.00 $17.00

1 ton Truck/CrewCab/Van or ½ TonTruck MinimumCharge

$19.00 plus.43/km

$29.00 $9.00

$19+$38/hr

plus.43/km

$58.00 $17.00

6" Pump (excludesfuel)

$105.00/Day

$105.00/Day

4" Pump$88.00/

Day$88.00/

Day

3" Pump$72.00/

Day$72.00/

Day

2" PumpCentrifugal

$52.00/Day

$52.00/Day

2" DiaphragmPump

$52.00/Day

$52.00/Day

Mosquito Fogger (2Staff) (excl chem)

$11.00 $58.00 $17.00 $86.00 $116.00 $35.00 $162.00

Steamer & ½ ton (2staff)

$47.00 $58.00 $17.00 $122.00 $116.00 $35.00 $198.00

Energizer & 1/2 ton(2 staff)

$58.00 $58.00 $17.00 $133.00 $116.00 $35.00 $209.00

Sewer Jet (Vactor)(2 staff)

$71.00 $58.00 $17.00 $146.00 $116.00 $35.00 $222.00

416 Cat Extend-A-Hoe

$51.00 $29.00 $9.00 $89.00 $58.00 $17.00 $126.00

580 Case Super MExtend-A-Hoe

$51.00 $29.00 $9.00 $89.00 $58.00 $17.00 $126.00

621 Case $72.00 $29.00 $9.00 $110.00 $58.00 $17.00 $147.00

Bob Cat (skidsteer) $31.00 $29.00 $9.00 $69.00 $58.00 $17.00 $106.00

Bobcat Daily Rate $468.00 $697.00

AirCompressor/Roller

$31.00 $29.00 $9.00 $69.00 $58.00 $17.00 $106.00

Street Sweeper(Highways Dept)

$90.00 $29.00 $9.00 $128.00 $58.00 $17.00 $165.00





Page 15

ItemHourly Rental

of Item

Regular TimeHourly Labour tobe Included withRental of Item *

30%Overheadon Hourly

Labour

RegularTime Total

DoubleTime HourlyLabour To

be Includedwith Rental

Item *

DoubleTime 30%Overheadon Hourly

Labour

DoubleTimeTotal

Street Sweeper

Private $164.00

Grader 158 H.P.Summer

$125.00 $29.00 $9.00 $163.00 $58.00 $17.00 $200.00

Grader 158 H.P.Winter

$125.00 $29.00 $9.00 $163.00 $58.00 $17.00 $200.00

Hydraulic BoomTruck *

$111.00 $29.00 $9.00 $149.00 $58.00 $17.00 $186.00

Bucket Truck $71.00 $58.00 $17.00 $146.00 $116.00 $35.00 $222.00

Stumper & Tractor $64.00 $29.00 $9.00 $102.00 $58.00 $17.00 $139.00

Chipper & Truck (2

Staff) $94.00 $58.00 $17.00 $169.00 $116.00 $35.00 $245.00

Paint Sprayer(Walk Behind)

$28.00 $29.00 $9.00 $66.00 $58.00 $17.00 $103.00

Paint Sprayer RideOn

$42.00 $29.00 $9.00 $80.00 $58.00 $17.00 $117.00

Snow BlowerCemetery

$20.00 $29.00 $9.00 $58.00 $58.00 $17.00 $95.00

Fork Lift $24.00 $29.00 $9.00 $62.00 $58.00 $17.00 $99.00

Roller DoubleDrum(Without man)

$38.00 $38.00

Plate Packer(Without Man) $47.00/ day

$47.00/day

Vacuum Truck $81.00 $29.00 $9.00 $119.00 $58.00 $17.00 $156.00

Video Camera:

Per Service:(1hr) $248.00 Included $248.00

Per Add. Hour: $95.00 $95.00

Minimum Charge: $248.00 $248.00

Generator (250Kw)Standby

$587.00/day or

$1778.00/

week

Set-Up

$587.00/day or

$1778.00/

week

Generator (250Kw)Prime Continuous(excludes fuel)

$1394.00/day or

$4184.00/week

Set-Up

$1394.00/day or

$4184.00/week

Note: Shift Premium May Apply





Page 16

SCHEDULE “C” - Economic & Community Development

1. Island of Lights

a) Passenger vehicles and vans 7 persons or fewer b) Passenger vans of 8 – 13 persons

c) Vehicles of 14 – 25 personsd) Tour buses of 26 – 50 personse) Hay ride operatorsf) Bulk Passes (min. of 50 purchased)

10.00/vehicle20.00/vehicle

30.00/vehicle60.00/visit30.00/visit8.00 each

2. Other:a) City Pins b) City Pins including mailingc) Zoning By-Law with Maps (includes tax)

1.00/ea.2.00/ea.

44.00

3. Development Agreement Fees:

a) Application Feesi. One Lot only – no development agreementii. More than one lot

Legal costs

Engineering costs

Other

75.00100.00/lot

ActualActualActual

4. Capital Levy – all applications:

Per each new lot or dwelling unit created except asnoted in a) or b) herein;a) In fill lots – up to 2 contiguous lots where the

lots front on paved streets with immediatelyadjacent water and sewer services; charge per lot

b) For each dwelling unit in a multi-family

residential building of more than 2 units; charge

per dwelling

1500.00/unit or lot

$1,000.00/per lot

$1,000/per dwelling

5. Recreation Dedication: 10% of total subdivisionarea or 300.00 per

lot/Council discretion





Page 17

SCHEDULE "D" - Finance and Administration

(GST NOT APPLICABLE UNLESS OTHERWISE NOTED)

1. Taxesa) Tax Certificate:

The fees chargeable for a Tax Certificate with respectto the land described in each entry in the tax collectors’roll for which a tax certificate is furnishedb) Tax Sale Costs

c) Tax Statement photocopies

d) Tax Account print outs

e) Tax Sale Agreement Administration Fee

30.0050.00 Administration fee

plus actual costs5.00 per roll number5.00 per roll number

100.00

2. Livery Driver’s Permit and Livery License:

a) The fee chargeable for a livery driver’s permit b) The fee chargeable for a livery vehicle license

36.00120.00

3. Photocopying:

The fees chargeable for photocopying shall be:a) Information required to be provided under the

Municipal Act, Sec. 263(1), eg. By-laws, minutesetc.

i. Fewer than 21 pages

ii. 21 or more pages, per page

b) General Informationi. Per page, single sided

ii. Per page, double sided

No Charge

.15

.25

.30

4. Returned Cheques:The Fee chargeable for each returned cheque shall be 25.00

5. Copy of Voters List:If the Council of the Local Authority so provides by

resolution surplus copies of the Voters Lista) To persons provided for in the resolution who

certify in writing that they require the list for a political purpose or for federal or provincialelectoral purposes and

b) On any terms as to payment that the resolution provides;

The fee for each Voters List shall be 30.00





Page 18

6. Copy of Water and Sewer Bill Account 5.00

7. Burglary and Fire Alarm Systems (in accordance

with the Alarm By-Law:a) The fee payable for a permit for an alarm system:

i. Upon installation or within 30 days ofreceipt of notice

ii. After 30 days of receipt of notice b) Excessive False Alarm Fee – per false alarm

following two false alarms within 12 months

No Charge

50.00

100.00

8. Garage Sale Licenses:a) The fee payable for each garage sale license b) When a garage sale license is issued after garage

sale commencedc) Garage Sale Sign Removal Fee

5.00

10.0010.00

9. Business Licenses:a) Resident Business License Fee b) Regional Business License Feec) Non-Resident Business License Feed) Transient Trader License Feee) Reproduction of Business Licensef) Cancellation Fees

100.00150.00250.00500.00

25.0050.00

10. Trailer License Fees As per Mobile HomeLicense By- Law 7663

11. Special Event Permits (Temporary use of

Sidewalks:

a) Sidewalk Sales b) Block Partiesc) Other like events

No Charge No Charge No Charge

12. Accounts Receivable:a) Copy of accounts receivable invoice

b) Penalties; the penalties payable on outstandingaccounts receivable, commencing with the monthfollowing the month in which the account wasrendered shall be

5.00

1.25% per month



Survey of other Municipalities/Entities

Grave

Portage

(Hillside, St.

Mary's)

Portage

(Hillside

Memorial) Winnipeg Brandon

Evergreen (Private

Cemetery, Portage) Suggested Fees

Cremation 368.00 462.00 525.00 653.00

500.00 (includes

St. Mary’s,

Hillside

Cemetery and

Memorial)

Traditional 850.00 949.00 2020.00 1453.00 795.00

1100.00(includes

St. Mary’s,

Hillside

Cemetery and

Memorial)

Opening & Closing

Traditional 630.00 630.00 890.00 857.14 790.00 850.00

Cremation 315.00 315.00 375.00 371.43 300.00 350.00

After Hours Extra

Traditional 125.00 125.00 120/half hour

150/ hour or

portion thereof

Cremation 64.00 64.00 120/half hour150/ hour or

portion thereof

Saturday (additional to

regular fee)

Traditional 171.00 171.00 815.00 602.86 125.00 500.00

Cremation 99.00 99.00 280.00 337.14 100.00 250.00

Monument Permit 11.00 11.00 130.00 20.00

Transfer Fee 23.00 23.00 71.43 60.00 50.00



Report to Council

To: Waterworks Committee (New Business)


File #: DOP-CC-15


Re: Engineering contract scope change for the evaluation of the disinfection system

ISSUE:

Assessment and evaluation of the present Water Treatment Plant filtration anddisinfection system capabilities and capacity is required in response to the ManitobaOffice of Drinking Water’s request for a compliance plan to be submitted by February28, 2015. Additional log removal credits may be needed to ensure inactivation ofcryptosporidium, giardia and viruses’ in the event of a turbidity exceedance. Thisevaluation of the disinfection system will allow time to implement operational changesand include capital items in the 2015 budget, if necessary.

ALTERNATIVES:

1) Do not authorize the change of scope for the disinfection study.2) Authorize the additional engineering service required for disinfection to AECOM forup to $10,000


In a letter dated July 29, 2014, and in a subsequent meeting with the Office of DrinkingWater, the Province has stated concerns related to turbidity exceedances and theeffectiveness of the system to meet occasional and infrequent physical (turbidity), andmicrobial (disinfection) standards, as specified in the Drinking Water Quality Regulation.

The water treatment plant has been experiencing seasonal turbidity exceedances,generally in the Spring, due to seasonal dramatic river water quality changes; and alsosome online turbidity analyzer monitoring issues which results in unjustified andunverifiable turbidity spike readings.

The Office of Drinking Water has advised that turbidity excursions might result in theissuance of a boil-water advisory in the future, as they are tightening up the criteria forsuch advisories. To avoid such an advisory, the City must demonstrate that adequatedisinfection barriers are in place.

The City is currently working with AECOM on a water quality study for the removal of totalorganic carbon and carbonate and noncarbonated hardness removal. As part of this work,



and in previous water quality studies, AECOM has reviewed the historic turbidity results ofthe water treatment process. They have significant expertise on staff to conduct therequired evaluation, along with the intimate knowledge of the treatment process.

The evaluation will look at the sand filters, ozone system, and chlorination system.

Possible enhancements to the disinfection capabilities such as the use of chlorinedioxide will be evaluated. The work is expected to take up to 3 weeks with a report duein early October. From this, operational changes and required capital expenditures willbe identified.

The engineering fee is estimated at $9740 including disbursements, excluding taxes,and will be paid on an hourly basis.


That the Council of City of Portage la Prairie approve a change of scope for AECOMengineering services for the evaluation of the Water Treatment Plant disinfection

capabilities at a cost of up to $10,000 (plus taxes).



Conservation and

Water

Stewardship

Office

of

Drinking Water

1007 Century Street, Winnipeg, MB R3H OW4

Phone: 204)

948 1348;

Fax: 204)

945 1365

E-mail: iared.mcnabb S)gov.mb.ca

www.manitoba.ca/drinkingwater

F i l e :

171.00

Ju ly 29 2014

Ke l l y Braden, P.Eng.

City

o f Portage la Prair ie

Director

of Operat ions

97

Saskatchewan

Ave E

Portage la Prairie M B R1N OL 8

Updated Compliance Plan for the

Portage la Prairie Pub lic Water System

Dear Mr. Braden:

The purpose o f this let ter is to request a n updated compl iance

plan

to address d rink ing water

qua l i t y a nd treatment standards associated with th e Portage la Prair ie p u b l i c water system.

As you are

aware through correspondence from your Regional Drinking Water

Officer, M r.

Jack

Cronk, the Office of Drink ing Water a nd M ani toba Heal th are in discuss ions regarding the

criteria for issuing a boi l water advisory on the basis of turbidi ty . The turbidi ty and protozoa

standards a re related, i n that filtrat ion systems that a re consi s t ent ly mee t ing th e turb id i ty

standards are assumed to be m e e t ing the protozoa standard as wel l . Where fil trat ion systems a re

not

meet ing

t he

turb idity standards

and do not

have

a

disinfe ction barrier that achieves adequate

ryptospori ium re m ova l

or

inact ivat ion,

a

boi l w ater advisory

may b e

issued

to

address

th e

microb ia l concern. The Office of Drinking Water is concerned that the new boil water advisory

criter ia

m ay affect

your water system

as the

Portage

la

Prairie water treatmen t plant does

not

have an addi t ional d is infec t ion barr i e r and has expe rienced seasonal

turbidi ty

exceedances in the

past.

In an effort to

address

this concern, the Office o f D rinking Water is reque sting an updated

compl iance

plan indicat ing

how and

whe n compl iance with

the fol lowing

standards wi l l

b e

achieved:

a Phy sical Standard turb idity levels for chem ically-assisted filtration

• Unde r all conditions, the effluent from you r water system fi l ters mu st be less than or

equa l to 0.3 NT U in 95 of the

m e asu re m e n ts

in a

month,

not

exceed

0.3 NT U for

more that 12 consecutive hours, and not exceed

1.0

NTU for any cont inuous

measurement .

. . .cont /2



b)

M icrobial Standard

-

99.9

(3-log)

reduction

or

inact ivat ion

of ryptosporidium

oocysts and Giardia lamblia cysts

• 3-log redu ct ion o r inact iva t ion credi t can be ach ieved u s ing a m ul t i -ba r r i e r app roach

via

fi l t ra t ion technolog y that meets the turb id i ty s tandard and an approved addi t io nal

p r i m a r y disin fect io n barr ier , such as ozone o r an u l t ra v io le t

( U V )

d i s in fec t i on sys t em,

opera t ing as per Off i ce of D r i n k i n g W a te r r e q u i r em e n t s .

•

Al te rna t i ve ly ,

a

filtration sys t em mus t mee t

all of the

f o l l o w i n g c o n d i ti o n s

to be

eligible fo r full lo g remova l credits:

o equ ipm en t t o a l l ow con t inuo us m on i to r ing o f filter eff luent turb id i t y l eve l s

that demonstrates compl iance wi th provincia l turbid i ty standards noted above;

o alarm system that not i f ies th e operator of any turbid i ty exceedance;

o filter-to-waste capabi l i ty ;

o e f fec t i ve backw ash ing p rocedu res t ha t t yp i ca l l y i nc lude a i r scou r .

c) Chemical Standard - Total tr ihalomethanes TTHMs)

• The

annual average concent ra t ions

of

T T H M s

in

you r water d is t r ibut ion system

have

been

at or

bove

the 0.1

mg/1

standard

level

at some of

your sample

locat ions .

Given concerns re la t ing

to the

possible i ssuance

o f a

boi l water advisory

on the

basis

of

turb id i t y ,

t he Off i ce o f Dr ink ing Wate r i s reques t i ng submiss ion o f a com pl i ance p l an add ress ing the

above-men t ioned phys i ca l

and

m icrob ia l st anda rds

by

Sep tember

15

th

,

2014.

A n

updated compl iance p lan , addressing the TTHM standard in addit ion to the phys i ca l and

mic rob ia l standards , must then be submit ted by May 31, 2015 .

If

you have any qu es t i ons rega rd ing th e com pl ianc e p la nn ing process , p lease ca l l m e a t

204-948-

1348. The Off i ce of D rink ing Wate r app reci a te s th e attent ion paid to this important mat ter and

t h a n k s you in advance for taking ac t ion to ensure regula tory requi rements re la ted your water

system are met .

Sincere ly ,

Ja red McNabb , C.E.T.

Compl i ance

Enfo rcemen t Coord ina to r

Office of D r ink ing Wate r

cc: Ms. Kim Ph i l i p , D i rec to r, O f f i ce o f D r i n k i n g W a te r

M r.

Jack Cronk , Regional Drinking

Water

Officer , Portage la Prairie



Report to Council



File #:


Re: Amendment to City Manager By-Law 13-8606

ISSUE:

To amend section 5(d) of the City Manager By-Law 13-8606 by approving By-Law No.14-

8626 .

ALTERNATIVES:

1. To approve the amendment to the City Manager By-Law 13-8606.

2. To not approve the amendment to the City Manager By-Law 13-8606.


When the City Manager By-Law 13-8606 was updated in 2013 the word “dismiss” was notincluded in section 5(d). This has been a function of the City Manager in the past.

Section 5(d) currently reads:

5.

Pursuant to the Act, the following statutory responsibilities are assigned to the City

Manager:

d) to appoint, promote, demote and/or suspend employees of the City, except those

employees appointed directly by Council or whose appointment, promotion, demotion

and/or suspension is required under any legislative authority to be done by Council;

The proposed amendment for Section 5(d) would read:

5. Pursuant to the Act, the following statutory responsibilities are assigned to the City

Manager:

d) to appoint, promote, demote and/or suspend and dismiss management employees of the

City, except those employees appointed directly by Council or whose appointment,

promotion, demotion and/or suspension and dismissal is required under any legislative

authority to be done by Council. A recommendation will be provided to Council forthe appointment, promotion, demotion, suspension or dismissal of Departments Heads

that report directly to the City Manager.



An amending By-Law is required to amend this by-law.


That the Council of the City of Portage la Prairie amend City Manager By-Law 13-8606 by giving

By-Law No. 14-8626 1st

Reading.

For Council Meeting Oct 14th, 2014

That By-Law 14-8626 amend City Manager By-Law No. 13-8606 be now read a second time.

THAT By-Law 14-8626 be now read a third time, finally passed, signed and sealed.




BY-LAW NO. 14-8626

BEING A BY-LAW OF THE CITY OF PORTAGE LA PRAIRIE TO amend the City Manager

By-Law 13-8606.

WHEREAS it is deemed advisable to amend Clause 5 (d) to provide clarity of responsibility.

NOW THEREFORE THE COUNCIL OF THE CITY OF PORTAGE LA PRAIRIE IN OPEN

SESSION ASSEMBLED, HEREBY ENACTS AS A BY-LAW THE FOLLOWING:

That Clause 5 d) of By-Law NO. 13-8606 be deleted and replace by the following:

d) to appoint, promote, demote and/or suspend and dismiss management employees of the

City, except those employees appointed directly by Council or whose appointment,

promotion, demotion and/or suspension and dismissal is required under any legislative

authority to be done by Council. A recommendation will be provided to Council for theappointment, promotion, demotion, suspension or dismissal of Departments Heads that

report directly to the City Manager .

DONE AND PASSED AS A BY-LAW OF THE CITY OF PORTAGE LA PRAIRIE BY THE

COUNCIL THEREOF IN OPEN SESSION THIS DAY OF , 2014.


Read a first time this day of , 2014.

Read a second time this day of , 2014.

Read a third time this day of , 2014.

september 22, 2014 council agenda website

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