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HomeMy WebLinkAboutBy-law 1436/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1436/82 Being a By-Law to authorize the execution of an Agreement between The Corporations of the Towns of Ajax, Pickering and Whitby and the Ontario Society for the Prevention of Cruelty to Animals to provide for joint animal control services WHEREAS, pursuant to the provisions of section 193 and paragraph 208.5 of the Municipal Act, R.S.O. 1980, c. 302, the Council of the Corporation of the Town of Pickering enacted By-Law 1436/82 on February 15th, 1982, to provide, inter alia, for the establishment of the Pickering/A~ax/Whitby Animal Control Service and the engage- ment of an outside contractor to carry out the operation of the ser- vice; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an Agree- ment, in the form attached hereto as Schedule "A", between The Corporations of the Towns of Ajax, Pickering and Whitby and the Ontario Society for the Prevention of Cruelty to Animals, respec- ting the provision by the latter of pound-keeping and animal control services to the municipalities. BY-LAW read a first, second and third time and finally passed this 15th day of February, 1982. of February, SCHEDULE "A" THIS AGREEMENT made in duplicate 1982. this 1st day 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, 1980, R.S.O., Chapter 356, (Hereinafter called "the Society") - and- 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 called "the Municipalities" ) OF THE SECOND pART: WHEREAS the Society has for some time provided the services of pound keeper and animal control officer for the Municipalities; AND WHEREAS the parties hereto 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 couenants hereinafter set forth, the parties hereto covenant and agree each with the other as follows:- 1. The parties hereto covenant and agree that upon completion of the closing of the transaction relating to the acquisition of the lands and premises described in Schedule "A" hereto by the Municipalities, the Society shall provide the services as hereinafter set forth subject to the terms and conditions hereof. 2. The Society shall act as pound keeper for each Municipality and shall be responsible for the enforcement of - 2 - the Animal Control By-laws of each Municipality, as described in Schedule "B" hereto, including any amendments to such By-laws or any By-laws enacted in lieu thereof. 3. The Municipalities shall pay to the Society a total of $128,595.00 for 1982. Estimated monthly amounts are to be paid by each Municipality to the Society on the 15th of each month during the term hereof and any adjustment due to any party hereto once the actual remuneration due to the Society for the term hereof has been established shall be made forth- with between the Society and each Municipality. 4. The Society shall dispose of all animals impounded and which become the property of the Municipality in accordance with the applicable By-laws of the respective Municipality. 5. The Society shall dispose of all carcasses of animals lawfully impounded and destroyed in accordance with the applicable By-laws of the respective Municipality. 6. The Society shall have the right to collect and retain all pound fees and destruction fees in accordance with the applicable By-laws of the respective Municipality. 7. Ail licence fees collected by the Society in accordance with this Agreement shall be remitted to the respective Municipalities at the same tLme as the monthly report required in accordance with Schedule "D" hereof. The Society agrees: (a) to employ and supervise such animal control officers and other staff necessary to implement the provisions of this agreement. The staffing and hours of operation set forth in Schedule "C" hereto shall be main- tained by the Society; (b) to maintain at all times three suitable vehicles in proper working order for the (c) ~3- use of the aforesaid staff, to pay all operating and other costs associated with such vehicles and to maintain personal injury and property damage insurance on each ~ehicle operated by it in connection with the operation of the animal control unit and the provision of services required by this Agreement in amounts that are satis- factory to the Municipalities; to keep the Society, and each Municipality as a named insured, property insured not only with respect to the aforesaid vehicles, but also with respect to public liability and property damage including claims with respect to injury to and loss or death of any animal in the following amounts with respect to each occurrence:- Public Liability Property Damage $1,000,000.00 $ 50,000.00 It is further understood and agreed that there shall be no deductible payable by any Municipality with respect to ~he aforesaid insurance; to receive, the owners, (d) impound and hold for claiming by any animal delivered to the Society's animal shelter by any animal con- trol officer or other person and to dispose of same by sale or destruction; (e) to charge such pound and other fees as may be approved from time to time by the respec- tive Municipalities; (f) to deliver to each Municipality a monthly report in accordance with the provisions of Schedule "D" hereto; (g) (h) (i) (j) (k) (1) (m) (n) to provide a humane method for the killing of animals; to dispose of the bodies of all animals so killed in accordance with applicable legal requirements; upon reasonable notice, to allow when requested by school authorities "open house" days and school "guided tours" in an effort to promote better understanding of animal control problems with citizens at large; to maintain adequate telephone lines so that residents of each Municipality may make tele- phone contact with the Society without incurring a long distance charge; to investigate all complains from residents of each MuniciPality regarding stray animals running at large in such Municipality and if the complaints are justified in accordance with the By-laws relating thereto, the Society will utilize its best efforts to remove the animals to the animal shelter; to make available any of its employees having any relevant knowledge relating to giving evi dende or otherwise assisting with respect to any prosecution implemented under the afore- said By-laws by any of the Municipalities; to require any owner claiming an unlicensed dog, when a licence is required by the r~spective Municipal By-law, to purchase a licence through the Society prior to returnin said dog to the owner. to render courteous and prompt se~vi~e to all citizens' enquiries; (o) to indemnify the Municipalities and each one thereof against all manner of claims, damages, loss, costs and charges whatsoever, whether for injuries to persons or animals or loss of life or damage to property or otherwise, suffered by such Municipality or Municipalities or its or their property either directly or indirectly in respect of any matter or thing arising from the Society's occupancy or use of the aforesaid premises or out of the implementation of this Agree- ment by the Society or any operation in connection therewith. 9. Within two (2) months of the completion of the acquisition of the said lands in accordance with Section 1. hereof, the Society shall remove at its sole expense, the outside cat accommodation presently situate on the subject lands. 10. ia) (b) (c) The Municipalities hereby grant to.the Society the right in the nature of a licence to use the lands and premises more particularly described in Schedule "A" hereto for the purposes of carrying out its obligations hereunder PROVIDED THAT such right shall be a licence only and Shall not under any circumstances, constitute a partnership, employment, agreement, lease, joint venture or other relationship between the parties hereto; such licence shall continue during the term of this Agreement and shall terminate and be of no further force and effect upon termination of such Agreement; The Society shall be at liberty to carry'out any other responsibilities it may have under the Ontario Society for the Prevention of Cruelty - 6 - to Animals Act, 1980, R.S.O., Chapter 356, or otherwise, PROVIDED THAT the Society's obligations to the Municipalities hereunder shall be paramount and shall be carried out prior and in preference to such other obligations. Should the Municipalities, at any time during the term hereof feel that the Society is neglecting its obligations to them hereunder in favour of its other obligations, the Municipalities may termi- nate this Agreement, including the aforesaid licence, as hereinafter provided; The Society shall be responsible for the normal caretaking requirements, including the removal of snow and the cutting of grass, with respect to the aforesaid lands and premises, including any buildings thereon and equipment associated therewith. The Municipalities shall be respon- sible for the maintenance and general repair of the said buildings. 11o (a) The Municipalities agree: to pay the .Society an amount of FIVE ($5.00) DOLLARS per day for any animal it has been instructed to retain by the Medical Officer of Health, because the animal is suspected of having rabies, up to the length of time specified by the Medical Officer of Health in accordance with the law; (b) to supply to the Society dog licences and receipts in order that the Society may licence unlicenced dogs as required hereby. 12. Notwithstanding any other provisions of this Agreement, it is expressly understood and agreed that the Society shall not transfer any staff, as listed in Schedule "C", out of the Municipalities or use any such staff outside such Municipali- ties on a temporary basis or otherwise. 13. The term of this Agreement shall be from and including the 1st day of January to and including the 31st day of December, 1982, PROVIDED THAT it may be terminated at any time by the Society or the Municipalities as aforesaid or other- wise upon notice in writing to the Society or the Municipalities Such notice shall be deemed to be served to the respective parties on the day of its personal delivery to such parties or five days after the mailing thereof by pre-paid registered mail to such parties and the date of termination shall be the 90th day after.aforesaid date of service. .14. It is further understood and agreed that the implementation of this Agreement is conditional upon the com- pletion of the acquisition of the said lands and premises in accordance with Section 1. hereof. 15. This Agreement is binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns provided that no assignment shall be valid without the written consent of all of the parties hereto. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals attested to by the hands of their proper officers duly authorized in that behalf. THE ONTARIO SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS Per: THE CORPORATION OF THE TOWN OF PICKERING Per: MAYOR CLERK THE CORPORATION OF THE TOWN OF AJAX Per: MAYOR CLERK THE CORPORATION OF THE TOWN OF WHITBY MAYOR CLERK SCHEDULE "A" 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 W~nitby, 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 said Lot 21; THENCE South 73 degrees North-east angle of 20 minutes 20 seconds West a distance of 1,244.39 feet to a point in the East limit of the Hydro-~lec- tric 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 Schedule "A" continued - 2 - 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 Registry Office for the Registry Division of Durham (No. 40) (formerly County of Ontario). SCHEDULE "B" ANIMAL CONTROL BY-LAWS The Corporation of the Town of Ajax: By-law No. 98-79 The Corporation of the Town of Pickering: By-law No. 617-77 The Corporation of the ToWn of Whitby (a) By-law 84-74 as amended by By-laws '302~75, 327-76 and 460-77; (b) By-law 522-77 as amended by By-law 1234-81 SCHEDULE "C" STAFFING AND HOURS OF OPERATION From a~d including the last Sunday in April to and including the day preceding the last Sunday in October:- MONDAY TO FRIDAY 1 Warden 1 Warden 1 Warden 1 part time Warden 7 a.m. to 3 p.m. 9 a.m. to 5 p.m. 2 p.m. to 10 p.m. 5.p.m. to 9 p.m. Shelter shall be open 10 a.m. to 6 p.m. SATURDAY AND SUNDAY AND HOLIDAYS 1 part time Warden 7 a.m. 1 part time Warden 2 p.m. to'3p.mo tol0p.m. Shelter shall be open 10 a.m. to 5 p.m. Saturdays only THE BALANCE OF THE YEAR:- MONDAY TO FRIDAY 1 Warden 7 a.m. to 3 p.m. 1 Warden 9 a.m. to 5 p.m. 1 Warden 12 noon to 8 p.m. Shelter shall be open 10 a.m. to 5 p.m. SATURDAY AND SUNDAY AND HOLIDAYS 1 part time Warden 8 a.m. to 4 p.m. 1 part time Warden 10 a.m. to 6 p.m. Shelter shall be open 10 a.m. to 5 p.m. Saturdays only SCHEDULE "D" REPORTS The Society shall file with each Municipality a monthly report in accordance with Appendix "I" hereto. Notwithstanding the generality of the aforesaid, such reports shall include a list of all employees and the dates and hours worked during the relevant period. Such reports shall be submitted to each Municipality on or before the 15th day of the month succeeding the period ofI such report. The Society shall also provide written or oral reports as may be required, on the status of the Society's finances and duties under the provisions of this Agreement; such reports shall be provided to the regular quarterly meetings of the Joint Animal Control Committee established by the Munici- palities and to such other additional meetings as may be desig- nated by such Committee. ~HELTEI1 OPEP~AT I to -. ~, SCHEDULE __ ~ I',D ~;TH YEAR )ogS ~up$ ~/L i f e )th.~r ~/Lif® :ther ~otal I I 011 .r~A JBro~jhl In -I Adcot. ~gS ~.j?_.~ UI~ on H.~nd ~Bts !/Life )t~er t. ~mARY Jn~anted i.'r,p~u nded ~u~rant I ned ~:~a rded Iota1 t%ont~h %clopt...i, a, rr~..d I ITrons IA/R F O FOTFTC E-I:)S~C~N LY To Date Honth ,. Adopt~ Returned Euth~nl zed Euth. (owners req) Released Total To Date PAGE