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THE CORPORATION OF THE
TOWNSHIP OF EDWARDSBURGH/CARDINAL
BY-LAW 2018-18
"A BY-LAW TO AMEND BY-LAW 2016-85 TO REGULATE THE KEEPING OF
ANIMALS IN THE TOWNSHIP OF EDWARDSBURGH/CARDINAL"
WHEREAS the Municipal Act 2001, SO 2001, c. 25, Section 103, authorizes the
municipality to pass by-laws providing for the seizure and impounding of animals;
e
AND WHEREAS the Municipal Act 2001, SO 2001, c. 25, Section 150 authorizes
the municipality to pass by-laws for licensing, regulating and governing any
business carried on within the municipality;
AND WHEREAS the Council of the Corporation of the Township of
Edwardsburgh/Cardinal deems it desirable to amend By-law 2016-85;
NOW THEREFORE the Council of the Corporation of the Township of
Edwardsburgh/Cardinal enacts as follows:
1.
That Section 53 under the "PENAL TIES" heading is deleted and replaced
by the following:
"Every person who contravenes any provision of this by-law is guilty
of an offence and upon conviction is liable to a fine as provided for in
the Provincial Offences Act, R.S.O. 1990, c. P 33, as amended."
2.
That the following Section 54 under the "PENAL TIES" heading is added:
"A person who is convicted of an offence under this by-law is liable
for each day or part of a day that the offence continues, where the
minimum fine shall not exceed $500.00 and a maximum fine of
$10,000.00 and the total of all daily fines for the offences is not
limited to $100,000.00 as provided for in Section 429(3) of the
Municipal Act, SO 2001, c. 25, as amended."
3.
That Section 54 is renumbered as Section 55.
4.
That Section 55 is renumbered as Section 56.
5.
That Section 56 is renumbered as Section 57 and amended as follows:
"Upon registering a conviction for a contravention of any provision of
this By-law, the court in which the conviction has been entered, may
in addition to any other remedy and to any penalty imposed by this
By-Law, make an order prohibiting the continuation or repetition of
the offence by the person convicted, pursuant to Section 431 of the
Municipal Act 2001, SO 2001 as amended."
6.
That Section 58 be added to the "PENAL TIES" section as follows:
"Every person who contravenes this by-law, including a notice to
remedy issued under this by-law is guilty of an offence."
7.
That Sections 57 through 61 under the "OTHER" section be renumbered 59
through 64.
8.
That By-law 2016-85 be amended to include Schedule "F"- Set Fines
attached hereto.
9.
That all other provisions of by-law 2016-85 shall remain in force and effect.
Read a first and second time in open Council this 26th day of March, 2018.
Read a third and final time, passed, signed and sealed in open Council this 26th
day of March, 2018.
Mayor
PROVINCIAL OFFENCES ACT
Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice, that the amount set opposite each of the
offences in the schedule of offences under the Provincial Statutes and Regulations
thereunder and Municipal By-law No. 2016-85 as amended of the Corporation of
the Township of Edwardsburgh/Cardinal, attached hereto is the set fine for that
offence. This Order is to take effect on May 11th, 2018.
Dated at Ottawa th' 11th day of May 2018.
Jean G. Legault, Regional Senior Justice
Ontario Court of Justice
East Region
Schedule "F"
Township of Edwardsburgh Cardinal
Part 1 - Provincial Offences Act
By-law 2016-85, as amended by By-law 2018-18
Animal Control - Set Fines
ITEM SHORT FORM WORDING
PROVISION
SET
CREATING
FINE
OR DEFINING
OFFENCE
1
Allow cat to run at large
2.a
$125
2
Allow dog to run at large
4.a
$125
3
Allowing dog to trespass on any private property
8
$125
4
Failure to properly secure vicious dog from escaping
13
$250
owner's proper-ty
5
Failure to muzzle vicious dog
14
$250
6
Failure to prevent dog from attacking a person or
17
$300
domestic animal
7
Failure to post signage on property warning of vicious
20
$100
dog
8
Failure to remove excrement
21
$100
9
Keeping more than 3 domestic animals of any species
23
$200
or an aggregate of 6 domestic animals
10
Keeping more than 2 domestic animals
24
$200
11
Keeping animal causing disturbing noise or sound in
27a
$100
the neighbourhood
12
Keeping animal causing disturbing noise or sound in
27b
$100
al'}y dwelling, a_p_artment or other residence
13
Failure to have a valid dog license
28
$125
14
Keeping of wild animal
36.a
$300
15
Keeping of prohibited animal(s)
36.b -Schedule
$300
"B"
16
Keeping of "other pets" without an escape-proof
36.c
$100
enclosure
17
Failure to obtain a kennel license
39
$300
18
Failure to provide list of dogs
39.b
$100
19
Failure of kennel to conform and be maintained to
39.d
$300
Ontario Building Code
20
Housing more than 15 dogs
39.f
$250
21
Failure to obtain an animal rescue shelter license
47
$200
22
Failure of animal rescue shelter to conform to
48
$300
standards in Schedule "E"
23
Housing more than 20 animals
50
$250
24
Failure to obtain a pet shop license
51
$300
25
Failure of pet shop shelter to conform to standards in
52
$300
Schedule "E"
Note: The general penalty sections for the offences indicated above is
Sections 53 to 58 of By-law 2016-85 as amended by By-law 2018-18. A
certified copy of which has been filed.