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
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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
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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.
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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.
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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.
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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.
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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;
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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:
From Pay 1, 2014 to Pay 26, 2014 $638.20From Pay 1, 2014 to Pay 26, 2014 $650.97From Pay 1, 2014 to Pay 26, 2014 $663.98
To each Councilor:
From Pay 1, 2014 to Pay 26, 2014 $543.85From Pay 1, 2014 to Pay 26, 2014 $554.72From Pay 1, 2014 to Pay 26, 2014 $565.82
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.
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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
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Report to Council
To: Finance, Legislative and Property Committee
From: Administration
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$10,113 and are charged off to an allowance account.
Any appeals for these supplemental bills will be presented at the regularly scheduled Board ofRevision Hearing set for November 10, 2014.
ADMINISTRATIVE RECOMMENDATION:
THAT pursuant to Section 326 of The Municipal Act, the Council of the City of Portage la Prairieauthorize the 2014 reported additions and deletions to the assessment rolls and realty taxes of the Cityof Portage la Prairie as provided by the assessors.
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Additions: Assessed Portioned
Class Value Value
2013 10T 4,435,100 1,995,930
30T 75,600 19,670
4,510,700 2,015,600
2014 10T 2,463,500 1,108,640
10E 3,400 1,530
60T 24,300 15,800
2,491,200 1,125,970 Addition Details:
129,848$ 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)$
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Report to Council
To: Finance, Legislative and Property Committee
From: Administration
File #:
Date: September 22, 2014
Re: Management & Confidential Employee Manual
ISSUE:
To review the Management & Confidential Employee Manual changes and salary increases
BACKGROUND / ANALYSIS:
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.
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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
ADMINISTRATIVE RECOMMENDATION:
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.
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PORT GE L PR IRIE PL NNING DISTRICT
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.
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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
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PORT GE L PR IRIE PL NNING DISTRICT
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.
BACKGROUND / ANALYSIS:
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.
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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
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PORT GE L PR IRIE PL NNING DISTRICT
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.
BACKGROUND / ANALYSIS:
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.
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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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C
~Sb
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17.983
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~
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UNIT
z
UNIT
UNIT 2
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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
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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:
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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$
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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
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Report to CouncilTo: Public Safety Committee
From: Administration
File #: CMF-40
Date: September 8, 2014
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.
ADMINISTRATIVE RECOMMENDATION:
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.
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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.
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CITY OF PORTAGE LA PRAIRIE
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
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•
J
.
t
Animal Control By-Law
7
By-Law No. 02-8165
City
of
Portage Ia
rairie
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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
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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
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'
·
CITY OF PORTAGE LA PRAIRIE
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
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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:
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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.
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' City of I'ortage Ia Prairie
Animal Control By-Law No. 02-8165
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.
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City o Portage Ia Prairie
Animal Control By-Law No. 02-8165
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;
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City of Portage Ia Prairie
Animal Control By-Law No. 02-8165
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)
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.
city of Portage Ia Prairie
Animal Control By-Law No. 02-8165
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.
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City of Portage Ia Prairie
Animal Control By-Law No. 02-8165
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;
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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
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City ofP ortage Ia Prairie
Animal Control By-Law No. 02-8165
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
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City ofPort
.a
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Animal Control By-Law No. 02-8165
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.
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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.
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City o Portage Ia Prairie
Animal Control By-Law No. 02-8165
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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;
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City of P'ortage
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Animal Control By-Law No. 02-8165
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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
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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
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City of Portage Ia Prairie
Animal Control By-Law No. 02-8165
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.
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City o PM age Ia Prairie
Animal Control By-Law No. 02-8165
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
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Animal Control By-Law No. 02-8165
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.
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City of Portage
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Animal Control By-Law No. 02-8165
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
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City of Port
il
ge
Ia
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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.
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t
ity
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Animal Control By-Law No. 02-8165
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.
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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.
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City
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rtage
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Animal Control By-Law No. 02-8165
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]
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t ity ofPbrtage
Ia
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Animal Control By-Law No. 02-8165 Page 5
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
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tity
of P ortage Ia Prairie
Animal Control By-Law No. 02-8165 Page 26
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
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City of Portage Ia Prairie
Animal Control By-Law No. 02-8165
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.
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OFFEN E NOTI E [AM L 1 8494] S HEDULE A
CITY OF PORTAGE LA PRAIRIE
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
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. 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
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ET JE CROIS QUE
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THE: A COMMIS L'INFRACTION SUIVANTE
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CODE DE LA ROUTE
LOI
SUR LA EGLEMENTATION
DES
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LOI
SURLES VEHICULES
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Act, Reg.
Autre loi, reglement provincial
0 Federal Act or Reg.
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By Law
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TO
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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
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DE LA PERPETRATION DE L'INFRACTION
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FA
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THE
t:.t ONDRE ENTRE LE
0
Dri
ver/Ccnducteur
MAX EIM
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tLE
CE
QUI SUIT NE FAITPAS PARTIE DE LA DENONCIATION
FINE ($)
AMENDE($)
COSTS( )
FR
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FINAL
DATE TOTA L ( )
DATE LIMITE
I
CN
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PROCEEDING: 0 Default Conviction
PROCEDURES : Condamnation par del aut
DISPOSITION
DECISION
Hearing de novo
0
Trial
0
Exparte
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• SURAMENOE Exemption lfTJIOsition indiquer le montanl au po ir.l
Fra
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c u r
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TH IS IS TO CERTIFY THAT TtiE ITEMS
IL
EST CERTIFIE PAR LES PRESENTES
SEIZED AND THAT THE VESSELS AND OUE LES ARTICLES SAISIS ET LEURS
PACKAGES IN WHICH THE SAME ARE CONTENANTS COl VENT ETRE :
IN
DEFAULT 0 DISTRESS·COMPANY ONLY
EN CAS CE DEFAUT SAISIE-GAGERIE - COM PAGNI SEULEMENT
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CONTAINED BE :
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RETURNED TO'AOCC -C -U S 'E 'D_---------
RENDUS
AU PREVENU
DAYS IN CUSTODY OT APPLICABLE FOR
0
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JOURS
DE
DETENTION ON APPLICABLE AU X
INFRACTIONS- CODE DE ROUTE ET
STATIONNEMENn
DATED
~ ~ I T L ~ ~
A ___
JUGE
DE
LACOUR PROVINCIALE OU
JUGE DE
PAl
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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
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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
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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:
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•
City of Portage Ia Prairie
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
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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:
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.
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:
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Report to CouncilTo: Community Services Committee
From: Administration
File #: CMOPS-57
Date: September 8, 2014
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
BACKGROUND / ANALYSIS:
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.
ADMINISTRATIVE RECOMMENDATION:
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.
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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.
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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
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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
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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
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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
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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
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Report to Council
To: Finance, Legislative and Property Committee
From: Administration
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$4,420 and are charged off to an allowance account.
Any appeals for these supplemental bills will be presented at the regularly scheduled Board of
Revision Hearing set for November 10, 2014.
ADMINISTRATIVE RECOMMENDATION:
THAT pursuant to Section 326 of The Municipal Act, the Council of the City of Portage la Prairieauthorize the 2014 reported additions and deletions to the assessment rolls and realty taxes of the Cityof Portage la Prairie as provided by the assessors.
NEW BUSINESS
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Additions: Assessed Portioned
Class Value Value
2013 10T 0 0
60T 831,600 540,550
831,600 540,550
2014 10T 292,900 131,81080T 120,000 54,000
60T 352,100 228,880
765,000 414,690 Addition Details:
17,179$ 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)
Total Taxes Added Revenue - Batch 2 54,109$
Total Taxes Added Revenue - Batch 1 148,660$
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)$
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Report to Council
To: Finance, Legislative and Property Committee
From: Administration
File #: CCBL-95
Date: September 22, 2014
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
BACKGROUND / ANALYSIS:
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
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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
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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.
ADMINISTRATIVE RECOMMENDATION:
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.
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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
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City of Portage la Prairie
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.
Mayor Manager of Administration
Read a lst time this day of , 2014Read a 2nd time this day of , 2014Read a 3rd time this day of , 2014
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City of Portage la Prairie
Fees and Charges By-Law No. 14-8624
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
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City of Portage la Prairie
Fees and Charges By-Law No. 14-8624
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
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City of Portage la Prairie
Fees and Charges By-Law No. 14-8624
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
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City of Portage la Prairie
Fees and Charges By-Law No. 14-8624
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
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City of Portage la Prairie
Fees and Charges By-Law No. 14-8624
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
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City of Portage la Prairie
Fees and Charges By-Law No. 14-8624
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
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City of Portage la Prairie
Fees and Charges By-Law No. 14-8624
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
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City of Portage la Prairie
Fees and Charges By-Law No. 14-8624
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)
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City of Portage la Prairie
Fees and Charges By-Law No. 14-8624
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
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City of Portage la Prairie
Fees and Charges By-Law No. 14-8624
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
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City of Portage la Prairie
Fees and Charges By-Law No. 14-8624
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.
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City of Portage la Prairie
Fees and Charges By-Law No. 14-8624
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
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City of Portage la Prairie
Fees and Charges By-Law No. 14-8624
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
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City of Portage la Prairie
Fees and Charges By-Law No. 14-8624
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
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City of Portage la Prairie
Fees and Charges By-Law No. 14-8624
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
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City of Portage la Prairie
Fees and Charges By-Law No. 14-8624
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
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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
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Report to Council
To: Waterworks Committee (New Business)
From: Administration
File #: DOP-CC-15
Date: September 22, 2014
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
BACKGROUND / ANALYSIS:
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,
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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.
ADMINISTRATIVE RECOMMENDATION:
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).
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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
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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
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Report to Council
To: Finance, Legislative and Property Committee
From: Administration
File #:
Date: September 22, 2014
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.
BACKGROUND / ANALYSIS:
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.
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An amending By-Law is required to amend this by-law.
ADMINISTRATIVE RECOMMENDATION:
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.
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CITY OF PORTAGE LA PRAIRIE
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.
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.
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