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TOWNSHIP OF RIDEAU LAKES
BY-LAW 2003-108
A By-Law to prohibit the being at large or trespassing of any animal excluding dogs
and cats, within the Township of Rideau Lakes.
WHEREAS Section 103-105 of the Municipal Act, $.0. 2001, c. 25 permits Councils by
By-Law to prohibit or regulate within any part of the Municipality the being at large or
trespassing of animals other than dogs and cats, and to provide for impounding them and
for causing them to be sold; and,
WHEREAS Section 103(1) of the Municipal Act, S.O. 2001, c. 25, as amended permits
Councils to pass By-Laws for appraising the damages to be paid by owners of animals
impounded for trespassing;
NOW THEREFORE The Corporation of the Township of Rideau Lakes, by its Council,
hereby enacts as follows:
1. No owner of any animal shall cause or permit any such animal to be at large or
trespass within the area of the Township of Rideau Lakes or upon any highway
within the Township of Rideau Lakes.
2. This By-Law applies to all animals other than cats and dogs.
3. Any animal, which is found at large or trespassing within any area within the
jurisdiction of the Township of Rideau Lakes, including but not limited to any
highway within the Township, may be taken into custody and impounded.
4. The By-Law Enforcement Officer, when dealing with a complaint of an animal at
large, shall be directed in his actions by the policies, which are attached to and
form part of this By-Law.
5. The Pound Keeper shall prepare an appraisal of damages caused by the animal
while it was at large or trespassing and these damages shall be paid to the
Municipality prior to the release of the animal. Council may exercise its right to
make grants in the amount of the damages or parts thereof to those parties who
have suffered the damages.
6. The provisions of the Pounds Act, R.S.O. 1990, Chapter P.17, as amended, shall
apply to animals impounded pursuant to this By-Law except where those
provisions have been modified by this By-Law pursuant to Section 1 of the said
Act.
7. Any person who contravenes any provision of this By-Law shall be guilty of an
offense and on conviction shall be liable to a penalty not exceeding $5,000.00
exclusive of costs, which shall be recoverable under the Provincial Offences Act,
8.0. 2001, c. 25, s. 103(2).
8. This By-Law shall come into force and take effect on the date of its passage.
9. That all previous By-Laws, Motions, Resolutions or Actions of Council that are in
contravention of this By-Law are hereby repealed.
- By-Law 2003-100
Read a first and second time this 18" day of August 2003.
Ronald E. wi) | be nna G. Bresee
Reeve Clerk
Wad a third time and finally a this /Se day of Aucust 2003.
Ronald E. Holman Patna G. Bresee
Reeve Clerk
SCHEDULE "A" TO BY-LAW 2003-108
POLICIES FOR THE GUIDANCE OF THE
BY-LAW ENFORCEMENT OFFICER
The following steps of progressive enforcement shall be followed by the By-Law
enforcement Officer when dealing with a complaint of an animal at large under By-Law
2003-100.
1. For the first incident, the By-Law Enforcement Officer shall provide a verbal
warning only and file an incident report with the Clerk.
2: For the second incident, the By-Law Enforcement Officer shall provide a
written warning to the person responsible for the animal and provide advice
concerning the Line Fences Act and fencing procedures. After the completion
of this step, the person responsible for the animal may appeal the actions of
the By-Law Enforcement Officer to Township Council.
3. For the third incident, the By-Law Enforcement Officer shall issue a short
form ticket with the value of the fine set at $250.00.
4. For the fourth incident, the By-Law Enforcement Officer shall proceed with a
long form prosecution, after notice to Council.
5, The foregoing procedures shall be followed at each location where the
complaints arise. In addition, the complaints must all occur within a twelve-
month period, otherwise the sequence of enforcement will recommence at the
first step of enforcement.
6. At all times the By-Law Enforcement Officer shall have due regard for those
circumstances which are beyond the control of the person responsible for the
animal including but not limited to the actions of the third parties and the
availability materials and forces to contain the animal.
2 Where an animal is being driven along or across a highway, in the normal
course of animal husbandry, under the control of a responsible person, the By-
Law Enforcement Officer shall have due regard for the circumstances with
respect to the requirements of animal husbandry and the safety of the public.
8. Where the singular is used in this policy, the plural may also be used.
THE CORPORATION OF THE TOWNSHIP OF RIDEAU LAKES
: PART 1 Provincial Offences Act |
By-Law # 2003-108,Animal Control By-law | a
et __ | Pag e#1
| ITEM ~ COLUMN 1 ) COLUMN 2 -COLUMN'3_ |
- Short Form Wording Offence Creating Set Fine ~
Provision ( includes costs)
. . |
Cause or permit animal to be at large or trespass mn Section 1 $250.00
| the municipality. | |
| NOTE: Penalty provision for the offences indicated above is Section 7 =
of By-law No. 2003-108, a certified copy which has been filed. vm yd
NOUV-25-2883 11:25 CLO Crim Spec Investig P.@2/82
Ministry of the Attomey General Ministére du Procureur général .
= : Ont
cance" " = pe Senta aaa criminel Nn a rl O
9th Floor Sa étage
720 Bay Street 720, rue Bay
Toranto ON MSG 2K14 Toronte ON MSG 2K14 °
Telephone (416) 326-1834 Teléphone (416) 326-1831
Facsimile (416) 326-1746 Télecopieur (416) 326-1746
[email protected]
November 25, 2003
The Honourable Bruce MacPhee
Regional Senior Justice, East Region .
Ontario Court of Justice (Provincial Division)
5th Floor, 161 Elgin Street
Ottawa, Ontario K2P 2L1
Dear Regional Senior Justice MacPhee:
Re: Township of Rideau Lakes, Leeds and Grenville Counties
Set Fine Application
Part I Provincial Offences Act
By-law No. 2003-108: Animal Control
Please find enclosed one (1) set fine application submitted by Dianna Bresee, Clerk, on
behalf of the Township of Rideau Lakes.
I have reviewed this application and I am content that it is complete and in order. I am
forwarding it to Your Honour with a recommendation for its approval.
Should you have any questions, please do not hesitate to contact me.
Yours truly,
Kerry Lee Thompson
Crown Counsel
/da
Encls.
¢.¢, Dianna Bresee
TOTAL P.@2