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HomeMy WebLinkAboutBy-law 1940/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO, 1940 /84 Being a by-law to authorize the execution of an agreement between the Corporations of the Towns of Ajax, Picketing and Whitby and the Ontario Society for the Prevention of Cruelty to Animals to provide for animal control services in 1985. WHEREAS, pursuant to the provisions of section 193 and paragraph 208.5 of the Municipal Act, R.S,O. 1980, chapter 302, the Council of the Corporation of the Town of Picketing enacted By-law /84 on December 17th, 1984 to provide, inter a/ia, for the continuation of the Pickering/Ajax/Whitby Animal Control Service and the engagement of an outside contractor to carry out the operation of the service; NOW THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an agreement in the form attached hereto as Schedule A between the Corporations of the Towns of Ajax, Picketing and Whitby and the Ontario Society for the Prevention of Cruelty to Animals respecting the provision by the latter of pound-keeping and animal control services to the municipalities in 1985. BY-LAW read a first, second and third time and finally passed this 17th day of December, 1984. /M/a, y0r - ' ~'6 ' - THIS AGREEMENT made as of the 31st day of December, 1984. BETWEEN: THE ONTARIO SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS a corporation in accordance with the provisions of the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1980, c.356, hereinafter called the "Society" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF AJAX THE CORPORATION OF THE TOWN OF PICKERING and THE CORPORATION OF THE TOWN OF WHITBY hereinafter individually called "Town" and collectively called the "Towns" OF THE SECOND PART. WHEREAS the Society has for some time provided the services of pound-keeper and animal control officer for the Towns; and WHEREAS the Towns have agreed that the Society should continue to provide such services subject to the terms and conditions hereinafter set forth; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the premises and the mutual and other covenants hereinafter set forth, the Towns and the Society covenant and agree each with the other as follows: POUND-KEEPER The Society shall be the pound-keeper for the Towns and shall conduct itself in this regard in accordance with the relevant provisions of each Town's animal control by-laws, as set out in Schedule B hereto, including any amendments to those by-laws or any by-laws enacted in lleu thereof. (1) The Society shall receive, impound and hold for claiming by the owner, any animal delivered to the Shelter by any animal control officer or other person. (2) The Society shah ensure that all pound and maintenance fees payable in respect of an impounded animal are paid prior to releasing the animal to its owner. (I) (~) (3) The Society shall dispose of all animals impounded and which become the property of a Town in accordance with the applicable by-law of that Town. Where such disposal requires the killing of the animal, the Society shall employ a humane method to effect the animal's death. The Society shall dispose of all carcasses of animals in accordance with the by-laws of the Town in which the animal was seized and in accordance with all laws regulating such disposition. ANIMAL CONTROL AND LICENSING The Society shall be an animal control officer for the Towns charged with the duty to enforce each Town's animal control by-laws, as set out in Schedule B hereto, including any amendments to those by-laws or any by-laws enacted in lieu thereof. (D (2) (3) The Society shall render courteous and prompt service to all complaints and enquiries regarding animal control and impounding. The Society shall investigate any complaint from a resident of a Town, or from any employee of a Town, regarding animals running at large in a Town, and if the complaint is justified in accordance with the by-laws relating thereto, the Society shall use its best efforts to impound the animal. The Society shall assist in the prosecution of the Towns' animal control by-laws including providing relevant information respecting offences and having its employees attend at trial to give evidence where necessary. (i) (z) The Society shall endeavour to ensure that any animal that it has occasion to investigate is licensed, where the by-laws of the Town in which the owner of the animal resides require the animal to be licensed. The Society shall ensure that any impounded animal claimed by its owner is licensed before releasing the animal, where the by-laws of the Town in which the owner resides requires the animal to be licensed. Each Town shall supply to the Society animal licences and application/receipt forms in order that the Society may comply with the provisions of section 6. Animal licence fees collected by the Society pursuant to this Agreement shall be remitted to the respective Towns monthly. (i) (2) (3) ANIMAL SHELTER The Corporation of the Town of Whitby hereby grants to the Society, for the term of this Agreement, the right in the nature of a licence to use the lands and premises more particularly described in Schedule A hereto (herein referred to as the "Animal Shelter") for the purposes of carrying out its obligations hereunder. Such right shall be a licence only and shall not under any circumstances constitute a partnership, employment, lease, joint venture or other rela- tionship between that Town and the Society. Such licence shall continue during the term of this Agreement and shall terminate and be of no further force and effect upon the expiry or earlier termination of this Agreement. 2 (4) (5) The Society may carry out any other of its responsibilities it may have under the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1980, chapter 356, or otherwise, at the Animal Shelter. The Society shall be solely responsible for normal caretaking requirements at the Animal Shelter, including any buildings thereon and equipment associated therewith, and for snow clearance and grass cutting. (6) The Corporation of the Town of Whitby shall be responsible for the maintenance and general repair of the buildings at the Animal Shelter. (7) The Society shall maintain adequate telephone lines at the Animal Shelter so that residents of each Town may make telephone contact with the Society without incurring a long distance charge. (8) Upon reasonable notice, the Society shall provide "open house" days and guided tours at the Animal Shelter, for school groups and other organiza- tions, to promote better understanding of animal control problems and responsihilitles. 10. (1) (2) (3) STAFFING & HOURS OF OPERATION The Society shall employ and supervise such animal control wardens and other staff sufficient to implement the provisions of this Agreement, but no less than those set out in Schedule C hereto. The Society shall carry out its obligations hereunder during the full term of this Agreement and shall be readily available for receiving impounded animals, releasing impounded animals and animal control by-law enforce- ment during the hours of operation set out in Schedule C hereto. Notwithstanding the provisions of section 9(4), above, the Society shall not transfer any staff required by this Agreement out of the Towns, or use any such staff outside the Towns on a temporary basis or otherwise. 11. The Society shall maintain at all times three suitable vehicles in proper working order for the use of the staff referred to in section 10(1), above, and shall pay all operating and other costs associated with those vehicles. 12. (i) (2) REPORTS The Society shall deliver quarterly to each Town a monthly report in the form attached as Schedule D hereto, together with a list of all its employ- ees and the dates and hours worked by them during the month. Monthly reports shall be submitted on or before the 15th dav of the month following the month which is the subiect of the report, together with any animal licence fees to be remitted pursuant to section 8, above. 13. The Society shall provide written or oral reports, when required, on the status of the Society's finances and duties under this Agreement to the regular quar- terly meetings or other special meetings of the Joint Animal Control Committee of the Pickering/Ajax/Whitby Animal Control Service. 14. LIABILITY & INDEMNIFICATION The Society shah indemnify and save harmless the Towns, and each one of them, against all manner of claims, damages, loss, costs and charges what- soever, whether for injuries to persons or animals or loss of human or animal life or damage to property or otherwise, suffered by the Towns or any of them - 3 - or their or its property either directly or indirectly in respect of any matter or thing arising from the Society's occupancy or use of the Animal Shelter, or out of the implementation of this Agreement by the Society or any operation in connection therewith. 15. {1) (3) The Society shall maintain personal injury and property damage insurance on each vehicle operated by it or any of its employees in connection with the provision of services required by this Agreement in amounts that are satisfactory to the Towns. The Society shall keep itself, its officers, employees and agents, and the Towns as named insureds, properly insured with respect to non-auto public liability and property damage, including claims with respect to injury to and loss or death of any animal, in the following amounts per occurren ce: (a) public liability $1,000,000,00 (b) property damage $ 50,000.00 Under no circumstances shall a Town be required to pay any deductible amount under any insurance policy required to be maintained under this section. 16. CONSIDERATION On consideration of the Society faithfully performing its obligations hereunder, the Towns shall pay to the Society the sum of $164,400.00 in equal monthly instalments of $13,700.00 on the 15th of each month during the term hereof. 17. The Society shall retain all pound and maintenance fees paid to it pursuant to section 2(2), above. 18. Each Town shall pay to the Society the sum of $7.50 for each day during which the Society is required by the Medical Officer of Health to retain an animal found in that Town and suspected of having rabies. 19. TERM The term of this Agreement shall be for one year, commencing 1984 and expiring December 31st, 1985, unless earlier terminated. January 1st, 20. (2) This Agreement may be terminated by the Society or the Towns prior its expiry upon 90 days written notice to the other party. Notice to the Society shall be addressed to: The Executive Vice-President Ontario Humane Society 620 Yonge Street Newmarket, Ontario L3Y 4V8 to - 4- (3) Notice to the Towns shall be in triplicate and shall be addressed to: (4) (a) The Town Clerk The Corporation of the Town of Ajax 65 Harwood Avenue South Ajax, Ontario LIS 2H9 (b) The Town Clerk The Corporation of the Town of Picketing 1710 Kingston Road Picketing, Ontario L1V ]C7 (c) The Town Clerk The Corporation of the Town of Whitby 575 Rossland Road East Whitby, Ontario LIN 2M8 Notices addressed in accordance with this section shall be deemed to be served upon the addressee, (a) on the day of delivery if delivered personally, or (b) on the fifth day after the day of mailing if mailed by prepaid registered mail, and the 90 day notice period shall commence on the day of service. 21. INTERPRETATION This Agreement is binding upon and shall enure to the benefit of the Towns and the Society and their respective successors and assigns, but no assignment shall be valid without the written consent of each Town and the Society. IN WITNESS WHEREOF the Towns and the Society have hereunto affixed their corpo- rate seals attested to by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED THE ONTARIO SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS THE CORPORATION OF THE TOWN OF AJAX Mayor Clerk THE CORPORATION OF THE TOWN OF PICKERING THE CORPORATION OF THE TOWN OF WHITB Y Mayor Mayor Clerk Clerk SCHEDULE A Animal Shelter ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Whitby, in the Regional Municipality of Durham (formerly in the Township of Whitby, County of Ontario) and being composed of part of Lot 21, Concession 4, Town of Whitby being more particularly described as follows:- PREMISING that the bearings as shown on Deposited ]Plan 693 Highway govern all bearings mentioned hereafter; COMMENCING at a point in the West limit of Regional Road No. 26 as widened by Deposited Plan No. 693, distant 17.00 feet measured South 73 degrees 17 minutes West from a point in the East limit of said Lot distant 2,745.36 feet measured South 18 degrees 06 minutes East therein from the North-east angle of said Lot 21; THENCE South 73 degrees 20 minutes 20 seconds West a distance of 1,244.39 feet to a point in the East Limit of the Hydro-Electric Power Commission land; THENCE North 16 degrees 04 minutes 30 seconds West along said East limit a distance of 203.40 feet to a point; THENCE North 17 degrees 56 minutes 20 seconds West continuing along said East limit a distance of 312.00 feet to a point; THENCE North 88 degrees 54 minutes East a distance of 986.12 feet to a point; THENCE North 73 degrees 20 minutes 20 seconds East a distance of 293.00 feet to a point in the West limit of said Regional Road No. 26; THENCE south 18 degrees 06 minutes East along said West limit a distance of 250.83 feet to the point of commencement, subject to a right-of-way in favour of the Trans-Northern Pipe Line as described by Instrument No. 93037. The above described parcel of land contains by admeasurement an area of 10.01 acres more or less; Being shown coloured red on a Plan of Survey prepared by Donevan and Fleischman, Ontario Land Surveyors attached to Instrument No. 146517 as registered in the Regis- try Office for the Registry Division of Durham (No. 40) (formerly County of Ontario). SCHEDULE B Animal Control By-laws Ajax Picketing Whitby By-law No. 100-82 By-law No. 1560/82 By-law No. 1446-83 SCHEDULE C Sta[fing & Hours of Operation From and including January /st, 1985, to and including April 27th, 1985, and from and including October 27th, 1985, to and including December 31st, 1985: Monday through Friday, except holidays*- (a) Animal Shelter open from 9:00 a.m. to 5:00 p.m. (b) warden warden warden warden (part -time ) 7:00 a.m. to 3:00 p.m. 9:00 a.m. to 5:00 p.m. 2:00 p.m. to 10:00 p.m. 5:00 p.m. to 9:00 p.m. Saturday, Sunday and holidays*- (a) Animal Shelter open from Saturdays only (b) 1 warden (part-time) 1 warden (part-time) 9:00 a.m. to 5:00 p.m. 7:00 a.m. to 3:00 p.m. 2:00 p.m. to 10:00 p.m. B. From and including April 28th, 1985, to and including October 26th, 1985: Monday through Friday, except holidays*- Animal Shelter open from 9:00 a.m. to (a) (b) 5:00 p.m. 1 warden 7:00 a.m. to 3:00 p.m. 1 warden 9:00 a,m. to 5:00 p,m. 1 warden 12 noon to 8:00 p.m. Saturday, Sunday and holidays*- (a) Animal Shelter open from Saturdays only (b) 1 warden (part-time) 1 warden (part-time) - 9:00 a.m. to 8:00 a,m. to 10:00 a.m. to 5:00 p.m. 4:00 p.m. 6:00 p.m. * ,r holidays means New Year's Day, Good Friday, Victoria Day, Holiday (August), Labour Day, Thanksgiving Day, Christmas Day, Boxing Day. Canada Day, Civic Remembrance Day, 0 0 0 0 ~0 0 O~ ~ ~ ~0 ~OMO 0 0 0 0 O~