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AS AMENDED BY
BY-LAW 2014-19 &
2016-12
THE CORPORATION OF THE TOWNSHIP OF TAY
BY-LAW NO. 2012-11
Being a By-law to regulate or prohibit animals being
at large or trespassing and to provide impounding
in the Township of Tay.
WHEREAS pursuant to Sections 11 and 103(1) of the Municipal Act,
2001, S.O. 2001, c.25 as amended, empowers councils of a local
municipality to pass By-laws to regulate or prohibit animals being at
large or trespassing and to provide for impounding them;
AND WHEREAS Section 8 and 11 of the Municipal Act, 2001, S.O.
2001, c.25 as amended, authorize the municipality to pass by-laws
regarding fences and enclosures;
AND WHEREAS Section 446 of the Municipal Act, 2001, S.O. 2001,
c.25 as amended, a municipality may enact a by-law to require that a
matter or thing be done and in default, the matter or thing may be
done by the municipality at the person's expense and further that the
costs of doing so may be added to the tax roll and collected in the
same manner as taxes;
AND WHEREAS it has been deemed by the Council of the Corporation
of the Township of Tay necessary to pass a By-law to regulate and
prohibit animals being at large, including being at large on a highway;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP TAY ENACTS AS FOLLOWS:
"Animal" includes cattle, goats, sheep, swine, horses, rabbits,
mink, foxes, reptiles, domestic fowl and other animals, excluding
dogs and cats.
"Council" means the Council of the Corporation of the Township
of Tay.
"Fence" means a barrier forming a boundary to or enclosing an
area of land.
"Officer" means a Municipal Law Enforcement Officer.
"Owner" means the owner or person in possession of an animal
and where the owner is a minor, the person responsible for the
custody of the minor.
"Perimeter fence" means a fence with gates, where necessary,
that is located on the outer boundaries of a property and that
encloses a property in its entirety.
"Person" in addition to its regular meaning, includes an
individual,
firm,
proprietorship,
partnership,
association,
syndicate, trust, corporation, department, bureau and agency or
By-law 2012-11, as amended
Page 2
any director, officer, manager or person in charge of such entity
or the collecting of rent of any property, or any other person
who is the occupier of the property.
"At Large" means found at a place other than the premises of
the owner of the animal and not under the control of any person.
"Trespass" means being on private property without permission
of the owner of the private property or being at large on
property owned by the Township.
"Township" means The Corporation of the Township of Tay.
"Township Property" means any land situated within the
Township of Tay which is owned by the Township or controlled
by the Township by lease or otherwise.
2.
OFFENCES
2.1
No owner or person in charge of any animal shall permit an
animal to be at large.
2.2 No owner or person in charge of any animal shall permit an
animal to trespass.
2.3
Every owner on whose property animals are being kept shall
prevent the animals from leaving the property at any time by
constructing a perimeter fence or other interior enclosure, and,
further such owner shall keep the said perimeter fence or other
interior enclosure or enclosures in good repair.
3.
ADMINISTRATION AND ENFORCEMENT
3.1
This by-law shall be administered by the Municipal Law
Enforcement Officer(s) of the Township or such person or
persons as Council may, by by-law, appoint.
3.2
This by-law shall be enforced by the Municipal Law Enforcement
Officer(s) of the Township or such person or persons as Council
may, by by-law, appoint.
3.3
If an Officer determines that an owner on whose property
animals are being kept is in contravention of this by-law, an
Officer may issue an order to the owner of the animals requiring
the owner to repair or replace such fences and/or enclosures on
the owner's lands to prevent animals from being at large on
municipal property, highways, or neighbouring properties within
the municipality.
4.
RIGHT OF ENTRY
4.1
An Officer or person designated by Council shall be permitted to
enter onto land at any time for the purpose of enforcing this by-
law and any orders or conditions imposed under the authority of
this by-law.
By-law 2012-11, as amended
Page 3
4.2
A person exercising a power of entry on behalf of the Township
under this by-law must, upon request, display or produce proper
identification.
5.
REMEDIATION
5.1
Where the owner is in default of doing any matter or thing
directed or required to be done under this by-law, an Officer may
direct the completion and enforcement of such at the owner's
expense.
5.2
The Township may recover the remedial action and enforcement
costs incurred under subsection 5.1 by action, or by adding them
to the tax roll and collecting them in the same manner as taxes
in accordance with Section 446 of the Municipal Act.
5.3
The Township may, prior to recovering costs incurred in
subsection 5.1 pursuant to Section 446 of the Municipal Act by
adding costs to the Municipal Taxes, invoice owners requesting
voluntary payment of said remedial action costs.
5.4
The Township may place a lien on the property as per Section
446 of the Municipal Act on any remedial action that exceeds
$1000.00.
6.
IMPOUNDING AND SELLING OF ANIMALS RUNNING AT
LARGE
6.1
An Officer, with respect to an animal being at large or
trespassing in contravention of this by-law, may seize and
impound the animal being at large or trespassing. The seized
animal shall be impounded at such facilities designated and/or
maintained by the Township.
6.2
If the owner of the animal can be identified, the Officer shall
deliver notice to the owner (to the address of the owner shown
on the last revised assessment roll or to be the last known
address) that the animal has been impounded.
6.3
An owner or person in charge of an animal that has been
impounded may claim the animal within 10 days of the
impounding of the animal, excluding the day the animal was
impounded and including the day the animal is claimed, provided
that all costs incurred by the Township and the Township's
pound keeper shall be paid by the owner before the animal is
released.
6.4
If an animal which has been impounded is not claimed within the
10 day period stipulated in section 5.3 or if all of the costs
incurred by the Township and the Township's pound keeper have
not been paid, the Township may sell the impounded animal
without advertising or tender. The proceeds of the sale shall be
applied first to the costs incurred by the Township and the
balance, if any, shall be paid to the owner of the animal.
By-law 2012-11, as amended
Page 4
6.5
Where an animal that is impounded is not claimed by the owner
within the 10 day period specified in Section 5.3 the Township's
pound keeper may retain the animal for such further time as
he/she may consider proper and during that time the pound
keeper may:
a)
sell the animal for such price as he/she considers proper;
or
b)
euthanize the animal; or
c)
otherwise dispose of the animal as he/she sees fit.
6.6
Where an animal that is captured or taken into custody in the
opinion of the Township's pound keeper, is injured or should be
destroyed without delay for humane reasons or for the reasons
of safety to persons or animals, the Officer, pound keeper or
other trained person appointed by the pound keeper, may
euthanize the animal in a humane manner as soon after capture
or taking into custody as he/she may determine, and may do so
without permitting any person to reclaim the animal or without
offering it for sale.
6.7
An Officer, police officer or persons designated by Council may
kill an animal in the following circumstances:
a)
where the animal is trespassing or at large and in his/her
opinion, should be destroyed because it is so severely
injured that it would be inhumane to capture the animal
and remove it to a veterinary hospital; or
b)
where the animal is trespassing or at large and in his/her
opinion, should be destroyed for reasons of safety to the
public or other animals.
6.8
No compensation, damages, fees or any other sum of money on
account of or by reason of the impounding, killing, euthanizing
or other disposal of an impounded animal in the course of the
administration and enforcement of this by-law shall be
recoverable by the owner of an animal or other person.
6.9
No person shall forcibly retrieve an animal from the pound
keeper, an Officer or, break and enter into a patrol vehicle of an
Officer or the Township or retrieve an animal without payment in
full of all fees and charges required to be paid under this by-law.
7.
PENALTIES
7.1
Every person who contravenes any of the provisions of this by-
law and every director or officer of a corporation, who knowingly
concurs in the contravention by the corporation, is guilty of an
offence under the provisions of the Municipal Act, 2001, S.O.
2001, c. 25, as amended.
7.2
Every person who contravenes the provisions of this by-law and
every director or officer of a corporation, who knowingly concurs
in the contraventions by the corporation, is guilty of an offence
and liable on conviction to a penalty where the minimum fine
shall not exceed $500 and a maximum fine shall not exceed
$100,000 exclusive of costs under the provisions of the Municipal
Act 2001, S.O. 2001, c. 25, as amended.
7.3
For the purpose of continuous offences, every person who
contravenes any provision of this by-law and every director or
officer of a corporation who knowingly concurs in the
By-law 2012-11, as amended
Page 5
contravention of a by-law of the corporation is guilty of an
offence and liable on conviction to a penalty not exceeding
$10,000, exclusive of costs under the provisions of the Municipal
Act, 2001, S.O. 2001, c. 25, as amended.
7.4
Despite section 7.3 and the provisions of the Municipal Act,
2001, S.O. 2001, c. 25 as amended, the total of all daily fines for
the offence is not limited to $100,000.
7.5
For the purpose of multiple offences, every person who
contravenes any provision of this by-law and every director or
officer of a corporation who knowingly concurs in the
contravention of a by-law of the corporation is guilty of an
offence and liable on conviction to a penalty not exceeding
$10,000, exclusive of costs under the provisions of the Municipal
Act, 2001, S.O. 2001, c. 25, as amended.
7.6
Despite section 7.5 and the provisions of the Municipal Act,
2001, S.O. 2001, c. 25, as amended, the total of all daily fines
for the offence is not limited to $100,000.
7.7
Every person who fails to comply with a notice made under this
By-law is guilty of an offence.
7.8
It shall be an offence for a person to hinder or obstruct, or
attempt to hinder or obstruct, an Officer who is exercising a
power or performing a duty under the Municipal Act, 2001, as
amended, or under a by-law passed under the Municipal Act,
2001, as amended.
7.9
Any person who has been alleged to have contravened any of
the provisions of a by-law passed under the Municipal Act, 2001,
as amended shall identify themselves to the Officer upon
request. Failure to do so shall be deemed to have obstructed or
hindered the Officer in the execution of the Officer's duties.
7.10 Every person who contravenes any section of this by-law under a
Part 1 ticket, upon conviction shall be liable to a fine as provided
for in the Provincial Offences Act, R.S.O 1990, Chapter P.33, as
amended.
7.11 Upon conviction any penalty imposed under this By-law may be
collected under the authority of the Provincial Offences Act,
R.S.O. 1990, Chapter P.33, as amended.
8.
CONTINUING OFFENCE
8.1
Each day that a situation as described in Sections 2.1 or 2.2 of
this by-law is allowed to continue shall constitute a separate
offence under this by-law and any Judge or Justice of the Peace
adjudicating on such matter may assess a separate fine for each
and every day that such situation has been allowed to continue.
9.
OBSTRUCTION
9.1
In accordance with the provisions of the Municipal Act S.O.
2001, c. 25, as amended, Section 426(1), no person shall
hinder, interfere with or otherwise obstruct, either directly or
indirectly, an Officer, employee of the Township and/or agent in
the lawful exercise or power or duty under this by-law.
9.2
Any person who has been alleged to have contravened any of
the provisions of this by-law, who fails to identify himself/herself
By-law 2012-11, as amended
Page 6
shall be deemed to have obstructed or hindered the person
exercising a power or performing a duty under this by-law.
10.
TOWNSHIP NOT LIABLE
10.1 The Township assumes no liability for property damage, damage
to animal or personal injury resulting from remedial action,
remedial work and enforcement undertaken with respect to any
person, animal or property that is subject of this by-law.
11.
VALIDITY AND SEVERABILITY
11.1 Should any section, subsection, clause, paragraph or provision of
this by-law be declared by a Court of competent jurisdiction to
be invalid or unenforceable, the same shall not affect the validity
of the enforceability of any other provision of this by-law, or of
the by-law as a whole.
12.
SHORT TITLE
12.1 The short title of this by-law is the Animal at large By-law.
13.
REPEALED
13.1 By-law 2004-11 is hereby repealed.
13.2 This by-law shall come into force and take effect immediately
upon the final passing thereof.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND
FINALLY PASSED THIS 29TH DAY OF FEBRUARY, 2016.
THE CORPORATION OF THE TOWNSHIP OF TAY
_______________________
MAYOR, Scott Warnock
_______________________
CLERK, Alison Thomas
By-law 2012-11, as amended
Page 7
SCHEDULE 'A' TO BY-LAW 2012-11
PART 1 Provincial Offences Act-Set Fine Schedule
THE CORPORATION OF THE TOWNSHIP OF TAY
By-law No. 2012-11, as amended: Animal at Large By-law
ITEM
Column 1
Short Form Wording
Column 2
Provision
Creating or
Defining
Offence
Column
3
Set Fine
1
Permit animal to run at large.
2.1
$125.00
2
Permit animal to trespass.
2.2
$125.00
3
Obstructing an Officer of Agent.
9.1
$125.00
Note: The general penalty section for the offences indicated above is
Part 7.2 of By-law 2012-11, as amended. A certified copy of which
has been filed.
By-law 2012-11, as amended
Page 8
PART 1 Provincial Offences Act-Set Fine Schedule
THE CORPORATION OF THE TOWNSHIP OF TAY
By-law No. 2012-11, as amended: Animal at Large By-law
ITEM
Column 1
Short Form Wording
Column 2
Provision
Creating or
Defining
Offence
Column
3
Set Fine
1
Permit animal to run at large.
2.1
2
Permit animal to trespass.
2.2
3
Obstructing an Officer of Agent.
9.1
Note: The general penalty section for the offences indicated above is
Part 7.2 of By-law 2012-11, as amended. A certified copy of which
has been filed.