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THE CORPORATION OF THE TOWNSHIP OF
STRONG
BY-LAW #2017-015
BEING A BY-LAW TO REGULATE OR PROHIBIT THE BEING
AT LARGE OR TRESPASSING 0F ANIMALS OTHER THAN DOGS.
WHEREAS Section 11. (3) (9). of the Municipal Act, 2001, S. 0. 2001, c. 25, as amended,
provides that a lower-tier municipality and an upper tier municipality may pass by-laws
subject to the rules set out in subsection (4), respecting matters within the following spheres
of justice. (9) Animals.
AND WHEREAS Section 103. (1) of the Municipal Act, 2001, S. 0. 2001, c. 25, as amended,
provides that municipalities may pass a by-law regulating or prohibiting the being at large or
trespassing of animals,
(a) The seizure and impounding of animals being at large or trespassing contrary to the By-
law
(b) The sale of impounded animals.
AND WHEREAS it is deemed expedient that such a by-law be passed.
NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF STRONG
HEREBY ENACTS AS FOLLOWS:
SHORT TITLE: This By-law may be cited as "The Animal at large by-law".
1.
DEFINITIONS:
a)
"animal" means any member of the animal kingdom, other than human.
b)
"bridge" means a public bridge, and includes a bridge forming part of
a highway or on, over or across which a highway passes;
c)
"by-law enforcement officer" includes any person so designated by
Council to administer and enforce this by-law;
d)
"Council" shall mean the Council of the Corporation of the Township of Strong;
e)
"highway" means a common and public highway, and includes a
street and a bridge trestle, viaduct or other structure forming part of
a highway and, except as otherwise provided, includes a portion of
a highway;
f)
"in charge" means having control of or responsibility for (something)
g)
"Municipality" shall mean the Corporation of the Township of Strong;
h)
"Permit": means to allow (something) to happen
i)
"running at large" shall mean any animal or animals on a highway or
bridge, or public or private property other than the owners, when
unattended by a competent person or persons
j)
"Trespass" means to enter wrongfully or without proper authority or
consent upon the real property of another
H) "unattended" means: not watched or looked after: lacking a guard,
escort, caretaker, etc.
2
.
a)
SCOPE
No owner or person in charge of cattle, horses, livestock or animal or animals
shall permit such animal or animals to run at large or trespass upon a highway.
b) No owner or person in charge of cattle, horses, livestock or animal or
animals shall permit such animal or animals to trespass upon public or
private property.
c) All of the provisions of the Pounds Act, R. S. 0. 1990, c.P.17, shall apply
to the Corporation of the Township of Strong.
d) Every owner or person in charge of cattle, horses, livestock or animal
or animals shall be required to erect and maintain a fence in
accordance with good fencing techniques and such fence shall be
adequate enough to contain such cattle, horses, livestock or animal
or animals within the fenced area, yard, field or pasture.
Notwithstanding the generality of the foregoing, an electric barrier or
electric fence may be used provided such barrier or fence is
electrified by a constant source of power.
e) Each fenced area, yard, field, or pasture shall include a gate or gates
comprising of a swinging or sliding barrier used to fill or close an
access and such gate or gates shall be closed at all times except for
the purpose of moving the cattle, horses, livestock, or animal or
animals under the direction of the owner or person in charge.
3.
PENALTY
a) Every person who contravenes any provision of this by-law is guilty of an
offence and on conviction is liable to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P. 33.
b) Every person who is guilty of an offence under this by-law may, if permitted
under the Provincial Offences Act, pay a set fine and the Chief Judge of the
Ontario Court (Provincial Division) shall be requested to establish, pursuant to
the Provincial Offences Act, set fines in accordance with Schedule "A" of this
by-law.
4.
SEVERABILITY
That all sections of this by-law shall be deemed to be separate and
independent and the validity of any section or provision thereof shall not
affect the remaining sections.
5.
REPEAL
By-law No. 2007-1549 is hereby repealed.
6.
EFFECTIVE DATE:
This By-law shall take effect upon being passed and enacted.
READ A FIRST AND SECOND TIME THIS 9th day of May 2017
READ A THIRD TIME AND FINALLY PASSED THIS 9th day of May 2017
_____________________________________________
MAYOR: CHRISTINE ELLIS
_____________________________________________
CLERK: LINDA MAURER
THE CORPORATION OF THE
TOWNSHIP OF STRONG
BY-LAW 2017-015
SCHEDULE "A"
SET FINE AMOUNTS
Provincial Offences Act-Part I
ITEM
SHORT FORM WORDING
PROVISION
CREATING OR
DEFINING
OFFENCE
SET FINE
1
Permit such animal or animals to run at large or
trespass upon a highway
2.a)
$300.00
2
Permit such animal or animals to run at large or
trespass upon public or private property
2.b)
$300.00
3
Fail to erect and maintain a fence in
accordance with good fencing
techniques and such fence shall be
adequate enough to contain such cattle,
horses, livestock or animal or animals
within the fenced area, yard, field or
pasture.
2.e)
$300.00
Note: The general penalty provision for the offences listed above is section 3 of the
By-law 2017-015,
A certified copy of which has been filed.