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THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2017-48
Being a By-Law to provide for the regulating, restricting,
prohibiting cats causing nuisance or damage in the Township
Of Asphodel-Norwood
WHEREAS Section 103 of The Municipal Act, S.0. 2001, c. 25, as amended,
provides municipalities with the authority for regulating or prohibiting with respect
to the being at large or trespassing of animals it may provide for, and
WHEREAS Section 103(1 )(a) provides for the seizure and impounding of animals
being at large or trespassing contrary to the by-law; and
WHEREAS Section 103(c) provides for the establishment of procedures for the
voluntary payment of penalties out of court where it is alleged that the by-law
respecting animals being at large or trespassing has been contravened. 2001,c.25
103(1); and
WHEREAS Section 103 (2) provides that if payment is not made in accordance
with the procedures established under clause (1) (c), the fine is recoverable under
the Provincial Offences Act. 2001, C25, s.103 (2).
WHEREAS Section 9 of The Municipal Act, S.O. 2001, c. 25, as amended, confers
broad authority on municipalities to enable them to govern their affairs as they
consider appropriate, and to enhance their ability to respond to municipal issues;
and
WHEREAS the Council of The Corporation of The Township of Asphodel-Norwood
deems it advisable to do so.
NOW THEREFORE the Council of The Corporation of the Township of Asphodel-
Norwood hereby enacts as follows:
1.1
DEFINITIONS
In this by-law:
a) ·
"Animal Control Officer'' shall mean a person or association appointed by
the Township of Asphodel-Norwood to enforce the provisions of this By-
law as an Animal Control/Provincial Offences Officer.
b)
"Clerk" shall mean the Clerk of the Corporation of the Township of
Asphodel-Norwood.
c)
"Council" shall mean the Council of the Corporation of the Township of
Asphodel-Norwood.
d)
"Cat" shall mean a male or female cat whether neutered/spayed or
intact.
e)
"Damage" shall mean any physical harm caused to property in such a
way as to impair its value, usefulness, or normal function which shall
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THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2017-48
include damage by scratching, clawing, defecating, urinating or any
other such detrimental action caused by the cat.
f)
"Disturbance" shall mean any noise or action which are likely to disturb
the peace, quiet, rest, enjoyment, or comfort of:
a. any person in any dwelling, apartment, or other type of residence in
the neighborhood;
b. any person in the vicinity; or
c. the neighborhood.
g)
"Municipality" shall mean the Township of Asphodel-Norwood.
h)
"Nuisance" shall be defined similarly as a Disturbance
i)
"Owner'' includes a person, who keeps, possesses or harbors a cat and
where the owner is a minor the person responsible for the custody of the
minor.
j)
"Person" includes any physical or corporate entity, partnership or any
association and heirs, executors, administrator, successors and assigns
or other legal representative thereof to whom the context may apply.
k)
"Pound" shall mean premises, regulated under the Animals for Research
Act, that are used for the confinement, maintenance or disposal of
animals that have to be impounded pursuant to this by-law.
I)
"Premises" includes the entire lot on which a building is situated.
m)
"Residential" includes all properties zoned for residential use in the
Township of Asphodel-Norwood including Residential One Zone (R1),
Residential Two Zone (R2), Residential Three Zone (R3).
n)
"Township Property" shall mean all property owned, leased or under the
control of the Township of Asphodel-Norwood, and without limitation,
this term shall include all, open space, opened or unopened road
allowances, sidewalks, footpaths or bicycle trails .
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EXEMPTIONS
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2017-48
2.1
Animal hospital - clinic - kennel-registered
This by-law shall not apply to an animal hospital, clinic, or kennel lawfully
operated and supervised by a veterinarian who is a registered member of
the Ontario Veterinary Association.
2.2
Pound
3.
3.1
This by-law shall not apply to a pound or other such premises or facilities
designated as an animal shelter.
KEEPING AND CONTROL OF CATS
Maximum - Three (3) per premises
No person shall keep, in or about a dwelling unit in an area of the
Municipality where the zoning permits a residential land use, more than
three (3) cats over twenty (20) weeks of age unless:
a) the premises are an accredited veterinary facility under the
supervision of a veterinarian licensed pursuant to the Veterinarians
Act, R.S.0. 1990, Chapter V.3, as amended.
b) Any other exception listed in Section 2 herein.
3.2
Stoop and Scoop
The owner of a cat is required to remove immediately and dispose of in
a sanitary manner any and/or all excrement left by the said cat
anywhere in the municipality.
3.3
Disturbance - prohibited
a) No owner of a cat, where the owner resides in an area of the
Municipality where the zoning permits residential land use, shall permit
such cat to cause damage, or otherwise create a nuisance or
disturbance either to another person or another person's property where
that person or property is in an area of the Municipality where the
zoning permits residential land use.
b) Where a person registers a request for service with the Municipality
that a cat is found causing damage or otherwise creating a nuisance or
disturbance to the person or person's property which is located in an
area of the Municipality where the zoning permits residential land use,
the Animal Control Officer or the By-law Officer may seize the cat
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THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2017-48
provided the cat is contained and may cause the cat to be delivered to
.the pound or issue fines as per schedule "A"
4.
FEES
4.1
Pound fees - payment - proof of ownership - required
5.
5.1
Where a cat is claimed from the Pound keeper, the owner shall provide
proof of ownership of the cat and compensate the Pound keeper for fees
and penalties incurred.
SEIZURE AND IMPOUNDING OF CAT(S)
The Animal Control Officer/Provincial Offences Officer may:
a) seize and impound any cat(s) found to be causing nuisance or damage
within the Municipality;
b) In his/her discretion, restore possession of the cat to the owner thereof.
Expenses incurred in the seizing and impounding the cat including a
notification to the owner plus any other additional expenses involved
therewith shall be billed to the owner;
c) Where in the opinion of the Animal Control Officer/Provincial Offences
Officer, a cat seized, is injured or should be destroyed without delay for
humane reasons, or for reasons of safety to persons, the Animal Control
Officer/Provincial Offences Officer may destroy the cat(s) as soon after
the seizure as he/she thinks fit without permitting any person to reclaim
the cat(s);
d) No damage or compensation shall be recoverable by the owner of the
cat(s) on account, or as a result of the actions of the Anim~I Control
Officer/Provincial Offences Officer;
e) Any cat, not so released shall be destroyed or otherwise disposed of five
(5) days after the notice of seizure has been given to the owner of the
said cat. The owner shall be liable for all costs incurred by the Township
in this matter. If after making every reasonable effort, the Animal Control
Officer/Provincial Offences Officer is unable to establish the identity of
the owner, the cat shall become the property of the Peterborough
Humane Society.
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THE CORPORATION OF THE
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BY-LAW NUMBER 2017-48
5.2
Any cat found causing nuisance or damage pursuant to Section 3.3 may be
seized, impounded and euthanized, whether before or after impounding by
any Police Officer, or appointed Animal Control Officer/Provincial Offences ~
Officer within the Corporation without permitting any person to claim
damages or compensation from the Corporation on account of its
euthanizing or other disposition.
5.3
Any cat, so impounded pursuant to section 5.1 may be kept at the
Peterborough Humane Society, or alternate Animal Shelter as authorized by
the Municipality, a secure place and a fee charged to the owner prior to the
release of the cat, for all costs of the distrainer.
5.4
If the Animal Control Officer/Provincial Offences Officer suspects a cat may
be rabid he/she must notify the Peterborough Public Health and either:
a) quarantine the cat, or
b) destroy the cat in such a manner as to preserve the brain for
examination
6.
OFFENCE
6.1
Every person who contravenes any of the provisions of this by-law is guilty
of an offence and shall upon conviction thereof, forfeit and pay a penalty of
not more than five thousand dollars ($5,000.00) exclusive of costs and
every such fine is recoverable under the Provincial Offences Act.
6.2
Set fines attached as Schedule "A" to this By-Law for the prohibition of cats
causing nuisance or damage in the Township of Asphodel-Norwood.
6.3
If this by-law is contravened and a conviction entered, the court in which the
conviction was entered or any court of competent jurisdiction may, in
addition to. any other remedy and to any penalty that is imposed, make an
Order prohibiting the continuation or repetition of the offence by the person
convicted.
7.
7.1
RECORDS
Any notice given to the owner of a cat pursuant to the provisions of this by-
law may be in writing and may be delivered to the said owner or to an adult
person at the owner's place of residence, or may be sent to him/her by first
class mail.
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THE CORPORATION OF THE
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BY-LAW NUMBER 2017-48
7.2
The Animal Control Officer/Provincial Offences Officer may keep a written
record containing a brief description of any cat seized by him/her setting out
the date, time and location of such a seizure and the date of giving notice to
the owner.
7.3
Any person authorized by this by-law to receive payment from an owner
shall give to the person making the payment a receipt provided for the
purpose and from time to time all sums so received shall be paid to the
Municipality.
8.
SEVERABILITY OF PROVISIONS
If any section(s) of this By-Law, or parts thereof are found by any court of
law to be illegal or beyond the power of the Council to enact, such section
or sections or parts thereof shall be deemed to be severable and all other
sections or parts thereof of this By-Law shall be deemed to be separate and
.independent there from and to be enacted as such.
9.
This By-Law comes into force and effect on the date of its passage.
Read a first, second and third time and finally passed this 25th day of July, 2017
Mayor, Terrence J. Low
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THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2017-48
Schedule "A"
TOWNSHIP OF ASPHODEL-NORWOOD BY-LAW NO. 2017-48
SCHEDULE "A"
SET FINES
Being a By-Law to provide for the regulating, restricting, prohibiting cats
causing nuisance or damage in the Township Of Asphodel-Norwood
Part 1 Provincial Offences Act
ITEM
Short Form
Set Fine
Wording
(including costs)
1
Permit cat to
$180.00
cause
disturbance or
become a
nuisance
2
Keep more than
$75.00
three cats -
residential
Note: The penalty provision for the offences indicated above is Section 61 of
the Provincial Offences Act, R.S.O. 1990, c. P .33
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