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
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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
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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 __
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