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THE CORPORATION OF THE TOWNSHIP OF CHATSWORTH
BY-LAW NUMBER 2018-67
BEING a by-law to provide for animal control within Township of Chatsworth with
regard to livestock running at large or trespassing and to repeal by-law 2018-12
WHEREAS, the Township of Chatsworth deems it expedient and necessary to provide
provisions dealing with livestock running at large or trespassing;
THEFORE THE COUNCIL OF THE TOWNSHIP OF CHATSWORTH ENACTS AS
FOLLOWS:
1. DEFINITIONS
"At Large" means livestock found at a place other than the property of the
owner of livestock and not under the control of any person.
"Fence" means a barrier forming a boundary to or enclosing an area of land to
contain livestock;
"Livestock" means any domestic fowl (including chickens, geese, ducks,
turkeys, guinea fowl, etc.), horse, donkey, mule, bull, ox, cow or other cattle,
goat, swine, sheep, llama, mink, fox, emu or ostrich, or the young thereof
excluding cats and dogs;
"Officer" means a Police Officer, municipal law enforcement officer or other
person appointed by by-law to enforce the provisions of this By-law;
"Owner" means the owner or person in possession or control of livestock and
where the owner is a minor, the person responsible for the custody of the minor;
"Perimeter Fence" means a fence with gates, where necessary, which is
located on the outer boundaries of a property and that encloses the property in its
entirety;
"Person" includes a corporation and its heirs, executors, administrators, or other
legal representatives of a person to whom the context can apply according to
law;
"Township" shall mean the Corporation of the Township of Chatsworth or the
land within the geographic limits of the Corporation of the Township of
Chatsworth as the context requires;
"Poundkeeper" means an individual appointed by By-law to provide
poundkeeping services;
"Trespass or Trespassing" means being on private property without permission
of the owner of the private property or being at large on property owned by the
Township.
ps OFFENCES
2.1 No owner of any livestock shall permit the livestock to be at large.
2.2 No owner of any livestock shall permit livestock to trespass.
2.3. Every owner of livestock shall, at their own expense, prevent the
livestock from leaving their property at any time by constructing a
perimeter fence, or fence, or other interior enclosure of sufficient
construction
2.4 Every owner of livestock shall at their own expense, keep the said
perimeter fence, or fence or other interior enclosure in good repair.
ai ENFORCEMENT
3.1. This by-law shall be enforced by the Poundkeeper, an Officer or other
persons as Council may, by by-law, appoint.
4. RIGHT OF ENTRY
41 A Poundkeeper or Officer or other person designated by Council shall be
permitted to enter onto land at any time for the purpose of enforcing this
by-law and any orders or conditions imposed under the authority of this
by-law.
4.2 A person exercising a power of entry on behalf of the Township under
this by-law must, upon request, display or produce proper identification.
5. REMEDIATION
5.1. Where the owner is in default of doing any matter or thing directed or
required to be done under this by-law, a Poundkeeper or Officer may
direct the completion and enforcement of such at the owner's expense.
5.2 The Township may recover the remedial action and enforcement costs
incurred under subsection 5.1 by action, or by adding them to the tax roll
and collecting them in the same manner as taxes in accordance with
Section 446 of the Municipal Act.
5.3. The Township may, prior to recovering costs incurred in subsection 5.1
pursuant to Section 446 of the Municipal Act by adding costs to the
Municipal Taxes, invoice the owner(s) requesting voluntary payment of
said remedial action costs.
5.4 The Township may place a lien on the property as per Section 446 of the
Municipal Act on any remedial action that exceeds $1,000.00.
6. IMPOUNDING AND SELLING OF LIVESTOCK
6.1. A Poundkeeper, with respect to livestock being at large or trespassing
in contravention of this by-law, may seize and impound the livestock.
The seized livestock shall be impounded at such facilities designated
and/or maintained by the Township.
6.2 _ If the owner of the livestock can be identified, the Poundkeeper shall
deliver a notice to the owner (to the address of the owner shown on the
last revised assessment roll or to be the last known address) that
livestock has been impounded.
6.3 Anowner of livestock that has been impounded, may claim the
livestock within 10 days of the impounding, excluding the day of
impoundment and including the day the livestock is claimed, provided
that all costs incurred by the Township and the Poundkeeper shall be
paid by the owner before the livestock is released.
6.4 If impounded livestock is not claimed within the 10 day period stipulated
in section 6.3 or if all of the costs incurred by the Township and the
Poundkeeper have not been paid, the Township may sell the impounded
livestock without advertising or tender. The proceeds of the sale shall be
applied first to the costs incurred by the Township and the balance, if any,
shall be paid to the owner of the livestock.
6.5 Where livestock that is impounded is not claimed by the owner within
the 10 day period specified in Section 6.3 the Poundkeeper may retain
the livestock for such further time as he/she may consider proper and
during that time the Poundkeeper may:
a) sell the livestock for such price as he/she considers proper; or
b) euthanize the livestock; or
C) otherwise dispose of the livestock as he/she sees fit.
6.6 Where livestock that is captured or taken into custody, in the opinion of
the Poundkeeper, is injured or should be destroyed without delay for
humane reasons or for the reasons of safety to persons or animals, the
Poundkeeper, Officer or other trained person appointed by the
Poundkeeper, may euthanize the livestock in a humane manner as soon
after capture or taking into custody as he/she may determine, and may do
so without permitting any person to reclaim the livestock or without
offering it for sale.
6.7 An Officer or other persons designated by Council may kill livestock in
the following circumstances:
a) where livestock is trespassing or at large and in his/her opinion,
should be destroyed because it is so severely injured that it would
be inhumane to capture the livestock and remove it to a veterinary
hospital; or
b) where livestock is trespassing or at large and in his/her opinion,
should be destroyed for reasons of safety to the public or other
animals.
6.8 | Nocompensation, damages, fees or any other sum of money on account
of or by reason of the impounding, killing, euthanizing or other disposal of
an impounded livestock in the course of the administration and
enforcement of this by-law shall be recoverable by the owner of
livestock.
6.9 No person shall forcibly retrieve livestock from the Poundkeeper, or
enter into the location where livestock are impounded to retrieve
livestock without payment in full of all fees and charges required to be
paid under this by-law.
7. PENALTIES
7.1. Any person who contravenes any provision of this By-law is guilty of an
offence and upon conviction is liable:
(a) on a first offence, to a fine not more than $50,000.00; and
(b) on a second and each subsequent offence, to a fine of not
more than $100,000.00.
7.2 Any person who is issued a Part 1 offence notice or summons and is
convicted of an offence under this By-law shall be subject to a fine, to a
maximum as provided for in the Provincial Offences Act, R.S.O. 1990, c.
P. 33, as amended.
7.3 Every director or officer of a corporation who knowingly concurs in the
contravention of any provision of this By-law by the corporation is guilty of
an offence.
7.4. Upon conviction any penalty imposed under this By-law may be collected
under the authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33,
as amended.
8. OBSTRUCTION
8.1. In accordance with the provisions of the Municipal Act S.O. 2001, c. 25,
as amended, Section 426(1), no person shall hinder, interfere with or
otherwise obstruct, either directly or indirectly, a Poundkeeper, Officer or
employee of the Township and/or agent in the lawful exercise or power or
duty under this by-law.
8.2 Any person who has been alleged to have contravened any of the
provisions of this by-law, who fails to identify himself/herself shall be
deemed to have obstructed or hindered the person exercising a power or
performing a duty under this by-law.
9. TOWNSHIP NOT LIABLE
9.1. The Township assumes no liability for property damage, damage to
animal, livestock or personal injury resulting from remedial action,
remedial work and enforcement undertaken with respect to any person,
animal, livestock or property that is subject of this by-law.
10. SINGULAR AND PLURAL USE
10.1. In this By-law, unless the context otherwise requires words importing the
singular shall include the plural and use of the masculine shall include the
feminine, where applicable.
11. VALIDITY AND SEVERABILITY
11.1. Should any section, subsection, clause, paragraph or provision of this by-
law be declared by a Court of competent jurisdiction to be invalid or
unenforceable, the same shall not affect the validity of the enforceability
of any other provision of this by-law, or of the by-law as a whole.
12. SHORT TITLE
12.1 The short title of this by-law is the Livestock at Large By-law.
13. EFFECTIVE DATE
13.1 That this by-law shall come into force and take effect upon being passed
by Council.
Read a first and second time this 3 day of October, 2018.
Read a third time and finally passed this 3"? day of October, 2018.
Mayorob Pringle
Bivranc
CAO Clerk Patty Sinnamon