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The Corporation of the Township of Springwater
By-law 2020-080
Being a By-law to regulate, license and control canines and domestic cats within
the Township of Springwater and to repeal By-law 2013-041
(Animal Control By-law)
Whereas Section 8(1) of the Municipal Act, 2001, S.O. 2001, c.25, herein referred to as
"the Act", provide that the powers of a municipality under this or any other Act shall be
interpreted broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues.
And Whereas Section 8(3) of the Act provides that a by-law under sections 10 and 11
respecting a matter may,
(a) Regulate or prohibit respecting a matter;
(b) Require persons to do things respecting a matter;
(c) Provide for a system of licences respecting a matter.
And Whereas under Section 11 of the Act provides that a municipality may provide any
service or thing that the municipality considers necessary or desirable for the public,
such as but not limited to:
(a) Health, safety and well-being of persons.
(b) Protection of persons and property, including consumer protection.
(c) Animals.
And Whereas Section 103(1) of the Act provides that if a municipality passes a by-law
regulating or prohibiting with respect to the being at large or trespassing of animals, it
may provide for:
(a) The seizure and impounding of animals being at large or trespassing contrary to
the by-law; and
(b) The sale of impounded animals,
(i)
If they are not claimed within a reasonable time,
(ii)
If the expenses of the municipality respecting the impounding of the
animals are not paid, or
(iii)
At such time and in such manner as is provided in the by-law.
And Whereas Section 391(1) of the Act provides that a municipality may pass by-laws
for imposing fees or charges on persons for services or activities provided or done by or
on behalf of it;
By-law 2020-080
Page 2 of 15
Now Therefore the Council of The Corporation of the Township of Springwater enacts
as follows:
1.
Definitions
1.1
For the purpose of this by-law, the following definitions shall apply:
"Additional Residential Units (Secondary Units) or Multi-Residential Units" means
a building containing more than one (1) dwelling unit on a property.
"Animal Control Officer" means a person or persons appointed or engaged by the
Township for the purpose of this By-law and includes the Corporation's Municipal Law
Enforcement Officer(s).
"Bite" shall mean a puncture wound to the skin.
"Canine" shall mean any member of the species Canis Familiaris and shall include a
male or female dog, spayed or neutered, over the age of 12 weeks.
"Clerk" means the Clerk of the Township of Springwater as appointed by by-law.
"Corporation" means the Corporation of the Township of Springwater.
"Dangerous Act" means an act where a dog has bitten or attacked, or a combination of
both, against a person or domestic animal.
"Dangerous Dog" means any individual dog that;
(a) Has killed a person or domestic animal, regardless of circumstances;
(b) Has bitten or injured a person or domestic animal.
(c) Has attacked or injured a person or domestic animal.
(d) Has shown the disposition or tendency to be threatening or aggressive;
(e) Is attack-trained, other than dogs used in law enforcement;
(f) Is kept for the purposes of security or protection, whether residential, commercial
or industrial, of a person's property;
(g) Has been declared dangerous in another municipality.
"Disability" means both visible and non-visible disabilities pursuant to the Human
Rights Code of Ontario.
"Dog" shall have the same meaning as canine.
By-law 2020-080
Page 3 of 15
"Dog Tag" means the tag or token issued under this By-law as proof of registration of
the canine in the Township.
"Domestic Cat" shall mean a feline which is typically kept indoors at a residence and
which would normally be considered dependent on humans for food and shelter.
Excludes cats on an Agricultural property used for pest control.
"Dwelling Unit" or "Unit" shall mean one or more habitable rooms designed or
intended for use by an individual or family as an independent and separate
housekeeping establishment in which separate kitchen and sanitary facilities are
provided for the exclusive use of such individual or family, with a private entrance from
outside the building or from a common hallway or stairway inside the building
"Harbour" means to shelter, house or possess, but does not include the provisions of
shelter to a dog for a period of time less than thirty days, provided that the dog is owned
by someone other than a person normally a resident in the dwelling unit in which the
dog is harboured and proof of a different permanent address for the dog can be
provided.
"Law Enforcement Dog" means a dog that is trained to aid law enforcement and is
used for Law Enforcement purposes for the protection of the public, including the
investigation of crime and the apprehension of law violators.
"Leash" means a suitable restraining device physically connecting a dog to a person
that is at all times no more than three (3) meters in length, and the word "leashed" has
the same meaning.
"Municipal Law Enforcement Officer" means an Officer appointed by the Council of
the Township of Springwater for the purposes of carrying out the enforcement of
municipal by-laws.
"Muzzle" means a humane fastening or covering device of adequate strength over the
mouth of a dog to prevent same from biting or causing injury by mouth.
"Owner" means a person(s) who owns, possesses or harbours an animal and where
the owner is a minor, the person responsible for the custody of the minor.
"Person" means an individual human being, his/her personal representative and their
heirs, executors and assigns and shall also include a corporation with or without share
capital, any association, firm, partnership or private club.
"Personal assistance dog or guide dogs" shall mean a dog which serves as a guide
or leader for a person with a disability where such dog has been specially trained for
that purpose.
By-law 2020-080
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"Pound" means the premises designated by the Township or Animal Control Officer for
use of detention, maintenance or disposal of animals that have been impounded
pursuant to Township by-laws.
"Pound Keeper" means a person designated by the Township or Animal Control
Officer to maintain a Pound and any servants or agents of such person.
"Private Property" shall include property owned by a person other than the
municipality or other government agency.
"Property Owner" means any legal registered owner of a property, a lot, or any
occupier of a property.
"Property" means a property on the last revised Assessment Roll for the Township of
Springwater.
"Running at Large" shall mean the running at large of a dog when found on a highway
or other public space or any other property other than the property where it is usually
kept, and not under the control of any person. For the purpose of this By-law, "Run at
Large" shall have a corresponding meaning to "Running at Large".
"Township" means the Corporation of the Township of Springwater.
"Under Control" shall mean that when a dog is not on the property where it is usually
kept, the animal must be leashed or chained, or must be held securely by the person
accompanying the dog and that person must be physically able to control the dog.
1.2
In this by-law, any references to care, control, ownership, harbouring or keeping
of an animal shall include any joint or shared care, control, ownership, harbouring
and keeping. Any persons that have joint or shared care, control, ownership of,
or are sharing or jointly harbouring or keeping, an animal, shall be jointly and
severally responsible and liable for any such animal and any duties, obligations,
prohibitions, offences and requirements of a person caring, controlling, owning,
harbouring or keeping an animal pursuant to this by-law.
2.
By-law Administration
2.1
In addition to the Animal Control Officer(s), the Clerk or designate is responsible
for the administration of this by-law and is delegated the authority to receive
applications and any fees established under this by-law. The Clerk or designate
is also authorized to issue, refuse to issue or revoke any licenses permits or tags,
including imposing conditions thereto, in accordance with this by-law.
2.2
The Animal Control Officer(s) of the Township are hereby delegated the authority
to enforce this by-law, including the authority to conduct inspections pursuant to
this by-law, the Municipal Act, as amended and any other enacted applicable by-
law or legislation.
By-law 2020-080
Page 5 of 15
3.
Licensing and Registration Requirements
3.1
Every owner of a dog which is twelve (12) weeks of age or older, shall:
a) Annually and within thirty (30) days of becoming an owner, cause the dog to
be registered and licensed with the Township pursuant to this by-law;
b) Provide verification or declaration of current rabies vaccination, or written
verification by a veterinarian of satisfactory rabies protection for each dog;
c) Securely affix on the collar of the dog the tag issued by the Township or its
representative; and,
d) Pay the annual license fee set out in the Township's Fees and Charges By-
law, as amended, and in the event that a dog tag is lost, obtain a replacement
tag for the applicable fee set out in the Fees and Charges By-law, as
amended.
3.2
A new resident of the Township shall not be required to pay a license fee for a
dog if the license for said dog has already been obtained for the current year
from another municipality to which he or she has previously been a resident. To
register the dog in Springwater Township, the owner shall show proof of the
licence in the other municipality and shall pay the prescribed fee for a
replacement tag, which is valid for the year of issue.
3.3
An owner may, at the request of the Animal Control Officer, be required to
provide proof of the dog having been spayed or neutered and pay the applicable
fee.
3.4
No person shall:
a) Own, keep, possess or harbour a dog or allow a dog to be owned, possessed
or harboured on his or her premises, unless the license fee required by this
by-law has been paid in accordance with the Township's Fees and Charges
By-law, as amended;
b) Own, keep, possess or harbour a dog unless a valid dog tag issued to such
person pursuant to this by-law is kept securely fastened to the dog at all
times;
c) Affix a dog tag issued pursuant to this by-law to a dog other than the dog for
which the tag has been issued; and
d) Knowingly give false information when applying for a license under this by-
law.
By-law 2020-080
Page 6 of 15
3.5
Every dog tag issued pursuant to this by-law shall expire 365 calendar days from
the date of purchase.
3.6
Each day that an owner permits a dog to remain without a dog tag shall
constitute a separate offence under this by-law.
3.7
Law Enforcement dogs are exempt from the license and tag fees of this by-law,
however written documentation of the dog's service status from a recognized
institution may be required.
3.8
Personal assistance dog or guide dogs utilized to assist a person with a disability
are exempt from the license and tag fees of this by-law. However, written
documentation of the dog's service/working status from a recognized institution
may be required. Upon voluntary registration, the Township will issue a tag at a
replacement tag fee.
3.9
Any dog previously registered with a lifetime tag under By-law 2013-041 which
was issued prior to the passage of this by-law shall be deemed valid for the life of
that dog. The lifetime tag is non-transferable.
4.
Regulations
4.1
The maximum number of dogs shall be four (4) per property in the Township,
unless the land owner possesses a valid Kennel License. Kennel Licences are
regulated under the Township's current Business Licensing By-law, as amended.
4.2
Notwithstanding section 4.1, the maximum number of dogs in an Additional
Dwelling Unit (Secondary Suites) or Multi-Residential Units shall be no more than
two (2) dogs per unit.
4.3
No person shall allow or permit a dog to run at large within the limits of the
Township.
4.4
No person shall have a dog on public property unless the dog is leashed and
under control.
4.5
Every person who owns, controls or harbours a dog shall immediately remove
any excrement left by such dog on public or private lands within the Township,
and shall dispose of such excrement in a sanitary manner.
4.6
No person shall keep a dog's habitat in an unsanitary condition within the
Township. Conditions shall be considered unsanitary where the keeping of the
dog results in an accumulation of fecal matter, an odour, insect infestation or
rodent attractants which may endanger the health of the dog or any person, or
which disturb or is likely to disturb the enjoyment, comfort or convenience of any
person.
By-law 2020-080
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5.
Domestic Cats
5.1
The maximum number of domestic cats shall be four (4) per property in the
Township; excluding cats used on an Agricultural property for pest control.
5.2
Notwithstanding section 5.1, the maximum number of domestic cats in an
Additional Dwelling Unit (Secondary Suites) or Multi-Residential Units shall be no
more than two (2) domestic cats per unit.
5.3
No person shall allow or permit a domestic cat to run at large within the limits of
the Township.
6.
Enclosures, Pens or Runs
6.1
Every person who keeps a domestic animal which normally resides outside, or
which is kept outside unsupervised for extended periods of time, shall, if the
Animal Control Officer orders, ensure the dog is provided with and kept in an
enclosure which meets the following:
a)
A total area that is at least twice the length of the dog in all directions, or
based on the needs of the breed;
b)
Contains a house or shelter that will provide protection from heat, cold and
wet that is appropriate to the dog's weight and type of breed. Such shelter
must provide sufficient space to allow the dog the ability to turn around
freely and laydown in a normal position;
c)
In an area that provides sufficient shade to protect the dog from the direct
rays of the sun at all times;
d)
Pens and runs must be regularly cleaned and sanitized and excrement
removed and properly disposed of daily; and
e)
Pens and runs must meet the required setbacks for accessory structure in
the appropriate zone in accordance with the Township's Zoning By-law, as
amended.
7.
Seizure and Impoundment
Subject to 4.3 of this by-law, an Animal Control Officer may:
7.1
Seize and impound any dog found running at large.
7.2
Restore possession of the dog to the owner therefore, where:
a) The owner claims possession of the dog within seven (7) days (exclusive of
statutory holidays and weekends) after the date of seizure; and,
By-law 2020-080
Page 8 of 15
b) The owner pays to the Pound Keeper a pound fee for the dog seized and
impounded, plus the cost of any damages, expenses and veterinary care,
which may be payable to the Township and/or the Pound Keeper.
7.3
The Animal Control Officer shall make all reasonable efforts to identify and
contact the owner of every stray dog received, whether the dog is living or dead.
7.4
Where at the end of the seven (7) days, possession of the dog has not been
restored to the owner under this section of the by-law, the Pound Keeper may
sell the dog.
7.5
Where the owner of the dog has not claimed the dog within seven (7) days and
the dog has not been sold, the Pound Keeper may destroy the dog in a humane
manner or otherwise dispose of the dog as they see fit. No damages or
compensation shall be recovered on account of its destruction or other
disposition.
7.6
Where a dog seized under 4.3 of this by-law is injured or should be destroyed
without delay:
a) For humane reasons, the Animal Control Officer or Pound Keeper may
authorize the destruction of the dog in a humane manner as soon after
seizure as a veterinarian gives approval, where possible, without permitting
any person to reclaim the dog or without offering it for sale. No damages or
compensation shall be recovered on account of destruction.
b) For safety reasons to persons or animals, the Animal Control Officer may
authorize the destruction of the dog in a humane manner as soon after
seizure as they see fit without permitting any person to reclaim the dog or
without offering it for sale. No damages or compensation shall be received on
account of destruction.
7.7
Where a dog is seized or impounded under section 4.3, an Animal Control Officer
may issue a Certificate of Offence ordering a fine or applicable fees and charges
to be paid by the owner.
8.
Dangerous Dog
8.1
Every owner of a dog shall exercise reasonable precautions to prevent the dog
from engaging in a dangerous act.
8.2
Without limiting anything in this by-law, an owner of a dog that engages in a
dangerous act is liable to prosecution under the Dog Owners' Liability Act, R.S.O.
1990, c. D. 16, as amended.
By-law 2020-080
Page 9 of 15
8.3
Where the Animal Control Officer has reasonable grounds to believe that a dog
has engaged in a dangerous act against a person or domestic animal, the Animal
Control Officer shall, with respect to such a dog:
a) Where the dangerous act is the first on record with a Municipality, serve the
owner of the subject dog with a Notice to Muzzle;
b) Despite subsection 8.3 a), if it is the Animal Control Officer's opinion that the
dangerous act, which is the first on record with a Municipality, is severe, serve
the owner of the dog with a Dangerous Dog Order, requiring the subject dog
to comply with the requirements for owners of a Dangerous Dog under
section 8.4 of this by-law;
c) Where the dangerous act occurred while the dog was subject of a Notice to
Muzzle or a court order under the Dog Owners Liability Act, serve the owner
of the dog with a Dangerous Dog Order, requiring the subject dog to comply
with the requirements for owners of a Dangerous Dog under section 8.4 of
this by-law.
8.4
Where an owner is served with a Dangerous Dog Order, the owner shall, at the
owner's expense and for the life of the subject dog, ensure that:
a) The Dangerous Dog is muzzled at all times when off the owner's property;
b) A Dangerous Dog tag is purchased from the Township within ten (10) days of
the order being served on the owner for the fee specified in the Township's
Fees and Charges By-law, as amended, and that the Dangerous Dog wears
the tag provided by the Township at all times;
c) A warning sign is posted on the owner's private property within fifteen (15)
days of the order being served on the owner in the form and location required
by the Clerk or designate;
d) The Dangerous Dog owner information is current, and the owner shall notify
the Township in writing if the dog is transferred to another person with five (5)
days of the change of ownership;
e) The Dangerous Dog is microchipped within thirty (30) days of the order being
served on the owner;
f) The Dangerous Dog is spayed or neutered within thirty (30) days of the order
being served on the owner;
g) Arrangements are made with the Township to enable the Township to collect
information about the subject dog within thirty (30) days of the order being
served on the owner.
By-law 2020-080
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9.
Notice to Muzzle
9.1
Where an owner is served with a Notice to Muzzle, the owner shall:
a)
While on the property of the owner, cause the dog subject to the Notice to
Muzzle to be tethered or confined by a six (6) foot fence in a way that
prevents the dog from going beyond the limits of the owner's property or
being accidentally or intentionally released; and
b)
Whenever off the property of the owner, cause the dog subject to the Notice
to Muzzle to be muzzled and leashed, and the owner shall not permit such
a dog to be left in the control of a person under the age of sixteen (16).
10.
Review of Dangerous Dog Order or Notice to Muzzle
10.1 Where the owner of a dog is served a Notice to Muzzle or Dangerous Dog Order,
the owner may request a review of the order by filing an Application for Review to
the Township's Clerk within fifteen (15) calendar days after the order has been
served.
10.2 The owner filing an Application for Review will be responsible for the review fee
as per the Township's Fees and Charges By-law, as amended.
10.3 The owner of the Dangerous Dog shall comply with all terms and requirements of
the Notice to Muzzle Order or Dangerous Dog Order until the Clerk or designate
has rendered a decision.
10.4 Prior to the Review, the owner of the dog shall pay any outstanding fines
imposed for the contravention of any provisions of this by-law.
10.5 The decision of the Clerk or designate is final and binding.
10.6 A written copy of the decision of the Clerk or designate, shall be prepared, as
soon as is practicable after the conclusion of the review and shall be hand
delivered or sent by registered mail to the owner at the address shown on their
application.
10.7 Subject to the provisions of this by-law, if a request for a review is not provided to
the Township Clerk in accordance with the provisions of this by-law within fifteen
(15) calendar days of deemed receipt of a Notice to Muzzle Order or a
Dangerous Dog Order, the order is deemed to be final.
11.
Powers of Entry, Inspections, Prohibitions
11.1 The Animal Control Officer may at any reasonable time enter upon any land for
the purpose of carrying out an inspection to determine whether the following are
being complied with:
By-law 2020-080
Page 11 of 15
a) This by-law;
b) Any direction or order under this by-law;
c) Any condition on a permit issued under this by-law; or
d) An order issued under section 431 of the Municipal Act.
11.2 Where an inspection is conducted pursuant to this section, the Animal Control
Officer may:
a) Require the production for inspection of documents or things relevant to the
inspection;
b) Inspect and remove documents or things relevant to the inspection for the
purpose of making copies and extracts;
c) Require information from any person concerning a matter related to the
inspections; and
d) Alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection.
11.3 No person shall hinder or obstruct or attempt to hinder or obstruct the Township,
its employees, officers or agents from carrying out any powers or duties under
this by-law.
11.4 No person shall contravene any order or direction issued by the Township
pursuant to this by-law or the Municipal Act.
12.
Order
12.1 Where the Animal Control Officer is satisfied that a contravention of this by-law or
a permit has occurred, such Animal Control Officer may make an order requiring
that the person who caused or permitted such contravention, or the property
owner of the land on which the contravention occurred, to discontinue the
contravening activity and/or to do work to correct the contravention.
12.2 An order pursuant to section 12.1 shall set out the following:
a) The municipal address and/or the legal description of the land or premises
on which the contravention occurred;
b) Reasonable particulars of the contravention;
c) What is required of the person subject to the order;
By-law 2020-080
Page 12 of 15
d) The date by which there must be compliance with the order and/or, if any
work is ordered, the date by which any such work must be done;
e) If any work is required to be done, a statement that if such work is not done
in compliance with the order and within the specified time period, the
Township will have the work done at the expense of the person directed or
required to do it; and,
f) Information regarding the Township's contact person.
13.
Remedial Action and Cost Recovery
13.1 Wherever this by-law or an order issued under this by-law directs or requires any
matter or thing to be done by any person within a specified time period, in default
of it being done by the person directed or required to do it, the action may be
taken under the direction of the Animal Control Officer at that person's expense
and the Township may recover the costs incurred through a legal action or by
recovering the costs in the same manner as taxes.
13.2 For the purposes of taking remedial action under section 12.1, the Township, its
staff and/or its agents, Animal Control Officer, may enter, at any reasonable time,
upon any lands on which a default to carry out a required thing or matter
occurred.
14.
Offences and Penalties
14.1 Every person who contravenes any of the provisions of this by-law shall be guilty
of an offence and upon conviction is liable to a fine pursuant to the Provincial
Offences Act, R.S.O. 1990, c. P. 33, as amended.
14.2 No person shall contravene any order, permit, license or direction issued by the
Township pursuant to this by-law or the Municipal Act.
14.3 Pursuant to section 429(2) of the Municipal Act, all contraventions of this by-law
or orders issued under this by-law are designated as multiple offences and
continuing offences. A multiple offence is an offence in respect of two (2) or more
acts or omissions each of which separately constitutes an offence and is a
contravention of the same provision of this by-law.
15.
Presumption of Ownership and Residence
15.1 An owner shall be presumed to be in the care and custody of a dog at all times,
which presumption may be rebutted by evidence to the contrary on a balance of
probabilities.
15.2 A person found to be within a dwelling unit shall be presumed to be residing
within such a dwelling unit, which presumption may be rebutted by evidence to
the contrary on a balance of probabilities.
By-law 2020-080
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Original signed by
Original signed by
16.
Severability
16.1 It is hereby declared that notwithstanding any section, subsections, clause,
paragraph or provision of the by-law or parts thereof, may be declared by a court
of competent jurisdiction to be invalid, unenforceable, illegal or beyond the
powers of Council to enact, such section or section or parts thereof shall be
deemed to be severable and shall not affect the validity or enforceability of any
other provisions of the by-law as a whole or part thereof and all other sections of
the by-law shall be deemed to be separate and independent therefrom and
enacted as such.
16.2 Whenever any reference is made in this by-law to a statute of the Legislature of
the Province of Ontario, such reference shall be deemed to include all
subsequent amendments to such statute and all successor legislation to such
statute.
17.
Repeal
17.1 That By-law 2013-041 is hereby repealed.
18.
Force and Effect
18.1 This By-law shall take force and effect upon final passage hereof.
Read a First, Second and Third Time and Finally Passed this 21st day of October,
2020.
_________________________________
Don Allen, Mayor
_________________________________
Renée Ainsworth, Clerk
By-law 2020-080
Page 14 of 15
The Corporation of the Township of Springwater
Animal Control By-law 2020-080
To regulate, license and control canines and domestic cats within the Township of
Springwater
Schedule "A"
Part I Provincial Offences Act
Item
Short Form Wording
Provisions Creating or
Defining Offence
Set Fine
1
Fail to license dog
s.3.4(a)
$205.00
2
Fail to securely fasten a dog tag
to a dog at all times
s.3.4(b)
$205.00
3
Use a dog tag upon a dog that
was not issued for
s.3.4(c)
$205.00
4
Possess more than four dogs on
a property
s.4.1
$205.00
5
Possess more than two dogs per
unit in an Additional Dwelling Unit
or Multi-Residential Unit
s.4.2
$205.00
6
Permit or allow a dog to run at
large
s.4.3
$205.00
7
Fail to leash a dog on public
property
s.4.4
$205.00
8
Fail to immediately dispose of
excrement in a sanitary manner
s.4.5
$250.00
9
Permit unsanitary conditions
s.4.6
$250.00
10
Possess more than four cats on a
property
s. 5.1
$205.00
11
Possess more than two cats per
unit in an Additional Dwelling Unit
or Multi-Residential Unit
s. 5.2
$205.00
12
Permit or allow a cat to run at
large
s. 5.3
$205.00
13
Fail to comply with Dangerous
Dog Order
s.8.4
$305.00
By-law 2020-080
Page 15 of 15
Item
Short Form Wording
Provisions Creating or
Defining Offence
Set Fine
14
Fail to muzzle dangerous dog
when it is off the property of the
owner
s.8.4(a)
$305.00
15
Fail to license dangerous dog
s.8.4(b)
$305.00
16
Fail to display signage on private
property
s.8.4(c)
$305.00
17
Fail to microchip dangerous dog
s.8.4(e)
$305.00
18
Fail to neuter or spay dangerous
dog
s.8.4(f)
$305.00
19
Fail to comply with a Muzzle
Order
s.9
$305.00
20
Hinder or obstruct the Township,
its employees, officers or agents
s.11.3
$400.00
Note: The set fines set out in Schedule "A" shall be approved by the Chief Justice
before coming into force and effect.