By-law 2003-0073 (REG-1) - Animals Other Than Dogs and Cats: Seizure, Impounding and Sale
Georgina, Ontario
· adopted 2003-06-09
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II
THE CORPORATION OF THE TOWN OF GEORGINA
IN THE
REGIONAL MUNICIPALITY OF YORK
BY-LAW NUMBER 2003- 0073 (REG-1)
BEING A BY-LAW TO REGULATE AND PROHIBIT THE BEING AT
LARGE OF ANIMALS OTHER THAN DOGS AND CATS AND THEIR
SEIZURE, IMPOUNDING AND CONTINGENT SALE
WHEREAS the Municipal Act, 2001 as amended, authorizes a
municipality to pass by-laws to regulate and prohibit the being at large of
animals and to provide for the impounding of said animals and for their
sale if they are not claimed within a reasonable time.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF
THE TOWN OF GEORGINA ENACTS AS FOLLOWS:
1.
DEFINITIONS:
In this by-law,
(a)
"animal" means any member of the animal kingdom,
excluding domestic dogs and domestic cats, other than a
human;
(b)
"being at large" means being found on a highway or any
place other than premises of the animal owner and not in the
control of the animal owner;
(c)
"highway" means a common and public highway, street,
avenue, parkway, driveway, square, place, bridge, viaduct or
trestle, any part of which is intended for or used by the
general public for the passage of vehicles and pedestrians
and includes the area between the lateral property lines;
(d)
"owner" means any person that owns, harbors, or has
permanent or temporary possession of an animal or animals;
(e)
"pound keeper" means a person or persons appointed by the
town to retrieve, impound and operate an animal pound;
(f)
"town" means the Corporation of the Town of Georgina.
2.
ANIMALS BEING AT LARGE:
3.
(a)
No owner of an animal shall allow the animal to be at large
within the borders of the town.
(b)
Any person having found an animal being at large may take
charge of, detain or deliver that animal to the pound keeper.
POUND KEEPER:
(a)
The pound keeper may impound any animal found being at
large. He may also impound an animal delivered to him by a
person having found that animal being at large.
-2-
(b)
As soon as is practical, the pound keeper upon impounding
an animal shall notify the animal owner and where the
animal owner is unknown shall notify the Town Clerk in
writing of the detaining of the animal including a description
of the animal.
(c)
Upon notification from the pound keeper, the Town Clerk
shall post a notice in a conspicuous place in the municipal
offices for five (5) consecutive days excluding Saturdays,
Sundays and Statutory Holidays, indicating the date and
location of the animals finding, the animals description and
the steps necessary to reclaim the animal.
(d)
After the expiry of five (5) days, excluding Saturdays,
Sundays and Statutory Holidays, from the day of impounding
and the animal has not been restored to the owner, the
pound keeper shall sell the animal. Any monies received for
the sale of the animal shall be applied as follows:
(i)
to recover any expenses incurred by the pound keeper
for services rendered to impound and keep the animal;
(ii)
to recover any expenses incurred by the pound keeper
for the sale of the animal;
(iii) to the town.
4.
PENALTY:
Every person who contravenes any of the provisions of this by-law,
upon conviction, is guilty of an offence and is liable to a fine
pursuant to the Provincial Offences Act as amended.
6.
REPEALS:
By-law 93-18 (Ll-1) is hereby repealed.
READ a first, second and third time and passed on this 9th day of
June, 2003.
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Roland Chenier, Town Clerk