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BY-LAW NO. 11
ANIMAL CONTROL BY-LAW
___________________________________________________________________
WHEREAS Section 174(f) of the Municipal Government Act provides that council may make by-
laws respecting domestic animals and activities in relation to them.
Title
1.
This By-law is entitled the "Animal Control By-law".
Definitions
2.
In this By-law:
(1)
"Animal" means any domestic animal excluding a dog or an animal that is the
result of the breeding of a dog and any other animal.
(2)
"Running At large" means to be found in any place other than the Owner's
property and not under the control of any person;
(3)
"Council" means the Council of the Municipality of the District of Barrington;
(4)
"Daily Pound Fee" means the fee per day charged by the Municipality to keep any
Animal impounded, as set by resolution of Council;
(5)
"Destroy" means kill;
(6)
"Extraordinary Expense" means any expense incurred by Municipal Staff in
relation to an Animal above any beyond the Impound Fee and Daily Pound Fee,
except for provision of food and shelter;
(7)
"Impounding Fee" means the fee charged by the Municipality to impound an
Animal under this By-law, as set by resolution of Council;
(8)
"Municipal Staff" means the Municipality's By-law Enforcement Officer or a
person appointed by the Chief Administrative Officer or Council to act on the
Municipality's behalf for the purposes of this By-law;
(9)
"Municipality" means the Municipality of the District of Barrington;
(10)
"Owner" means the owner of an Animal and any person who possesses, has the
care or control of, or harbours, an Animal. and where such person is a minor,
includes a parent, guardian or custodian of such a person;
(11)
"Pound Keeper" means the person designated by Council as the Pound Keeper to
shelter and house Animals under this By-law;
Rabid Animals
3.
Municipal Staff may, where immediate action must be undertaken to protect the health,
safety or welfare of people or animals, without notice to or complaint against the Owner,
Destroy on sight an Animal that is Running At Large and is rabid or appears to be rabid.
Running At Large
4.
No Owner shall cause, permit or suffer an Animal to be Running At Large within the
Municipality.
5.
Municipal Staff may, without notice to or complaint against the Owner, capture and
impound:
(1)
an Animal that is Running At Large and which Municipal Staff believes, on
reasonable and probable grounds, to pose a possible danger to a person or to a
domestic animal or to property of persons other than the Owner; or
(2)
an Animal, excluding domestic cats, that is Running At Large.
6.
The Owner of an Animal impounded pursuant to this By-law shall be liable for all
impounding charges including the Impounding Fee, the Daily Pound Fee and any
Extraordinary Expenses.
Redemption of Impounded Animal
7.
Except in the case where an impounded Animal is suffering from an infection or
contagious disease, the Owner of an Animal which has been impounded may redeem an
Animal upon:
a) proof of ownership of the Animal; and
b) payment to the Pound Keeper or making arrangement for payment satisfactory to the
Municipality of the Impounding Fee, the Daily Pound Fee and any Extraordinary
Expenses.
Notice
8.
Upon any Animal being impounded, the Municipality shall make at least one attempt to
contact the Owner of the Animal if ownership can be reasonably determined.
9.
If an Animal is missing and has been impounded, the onus is on the Owner of the Animal
to ascertain, within 72 hours of impounding, whether the Animal has been impounded,
and neither the Pound Keeper nor the Municipality shall incur liability in the event of
failure to give notice to the Owner if the Owner has not made inquiry of the Municipality
to determine whether the Animal was impounded.
Giving Away, Selling or Destroying an Animal that is Not Redeemed
10.
Any Animal which has been impounded and not redeemed by its Owner at the expiry of
a period of 72 hours after being impounded, or where the 72 hours expires on a non-
business day the first business day following, may be given away, sold or Destroyed by
the Municipality and, if sold, the proceeds shall belong to the Municipality, except where
the Owner of the Animal has been identified the Municipality shall consider written
representations from the Owner as to why the Animal should not be given away, sold or
Destroyed, and the Municipality shall consider such representations and notify the Owner
of its decision by registered mail. If the Municipality decides not to Destroy the Animal
the Animal shall remain impounded and dealt with in accordance with Section 7 of this
By-law.
Penalty
11.
Any person who contravenes any provision of this By-law is guilty of an offence
punishable on summary conviction by a fine of not less than $100.00 and not more than
$500.00 and to imprisonment of not more than 30 days in default of payment thereof.
Repeal and Replacement
12.
By-law No. 11 "Animals" adopted by Barrington Municipal Council on June 28, 1973 and
amended on September 30, 1974, November 28, 1984 and July 26, 2004 is hereby
repealed and replaced with this new "Animal Control By-law".
Chief Administrative Officer's Annotation for Official By-law Book
Date of first reading:
November 23, 2020
Date of advertisement of Notice of Intent to Consider:
January 6, 2021
Date of second and final reading:
January 25, 2021
*Date of advertisement of Passage of By-law:
February 10, 2021
Date of mailing to Minister a certified copy of By-law:
February 10, 2021
I certify that Council adopted By-law No. 11 "Animal Control By-law" at their meeting held
January 25, 2021 and published as indicated above. This by-law replaces By-law No. 11
"Animals By-law".
______________________________
_____________________________
Chief Administrative Officer
Date
*Effective Date of the By-law unless otherwise specified in the text of the By-Law.
VERSION LOG
Version Number
Amendment Description
Amendment/Policy Owner
Approved By
Approval Date
1
Adoption of new By-law
CAO
Council
January 25, 2021