Loading...
HomeMy WebLinkAboutBy-law 2204/86B~-Law 2204/86 THIS AGREEMENT made as of the 31st day of December 1985. BETWEEN: THE CORPORATION OF THE TOWN OF WHITBY hereinafter called the "Whitby" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF AJAX and THE CORPORATION OF THE TOWN OF PICKERING hereinafter individually called "Town" and collectively called the "Towns" OF THE SECOND PART. WHEREAS Whitby is prepared to provide the services of pound-keeper and animal control officer for the Towns; and WHEREAS the Towns have agreed that Whitby should 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 Whitby covenant and agree each with the other as follows: POUND-KEEPER Whitby shall be the pound-keeper for the Towns and shah 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 lieu thereof, 2. (]) Whitby shall receive, impound and hold for claiming by the owner, any animal delivered to the Animal Control Pound by any animal control officer or other person. (2) Whitby shall ensure that all pound and maintenance fees payable in re- spect of an impounded animal are paid prior to releasing the animal to its (~) Whitby shall dispose of all animals impounded and which become the property of a Town in accordance with the applicable by-law of that Town. (2) Where such disposal requires the killing of the animal, Whitby shall employ a humane method to effect the animal's death. (3) Whitb¥ 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 Whitby 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. (1) (z) (3) Whitby shall render courteous and prompt service to all complaints and enquiries regarding animal control and impounding. Whitby 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, Whitby shall use its best efforts to impound the animal. Whitby 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. o (1) (z) Whitby 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. Whitby 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 Whitby animal ]icences and application/receipt forms in order that Whitby may comply with the provisions of section 6. Animal licence fees collected by Whitby pursuant to this Agreement shall be remitted to the respective Towns monthly. (2) (3) (4) ANIMAL CONTROL POUND Whitby shall use the lands and premises more particularly described in Schedule A hereto (herein referred to as the "Animal Control Pound") for the purposes of carrying out its obligations hereunder. Whitby may also use the Animal Control Pound for the purpose of carry- ing out its own pound-keeping and animal control service. Whitby shall be solely responsible for normal caretaking requirements at the Animal Control Pound, including any buildings thereon and equipment associated therewith, and for snow clearance and grass cutting. Whitby shall be responsible for the maintenance and general repair of the buildings at the Animal Control Pound. 2 (~) (6) Whitby shall maintain adequate telephone lines at the Animal Control Pound so that residents of each Town may make telephone contact with Whitby without incurring a long distance charge. Upon reasonable notice, Whitby shall provide during normal operating hours "open house" days and guided tours at the Animal Control Pound, for school groups and other organizations, to promote better understand- ing of animal control problems and responsibilities. ]0. STAFFING & HOURS OF OPERATION (1) Whitby shall employ and supervise staff sufficient to implement the pro- visions of this Agreement, but no less than those set out in Schedule C hereto. (2) Whitby 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. 11. Whitby shall maintain at all times two 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. REPORTS Whitby shall deliver quarterly to each Town a report in Schedule D hereto. the form attached as 13. Whitby shall provide written or oral reports, when required, on the status of Whltby's duties under this Agreement to the regular quarterly meetings or other special meetings of the Joint Animal Control Committee of the Picker- ing-Ajax-Whitby Animal Control Service. 14. LIABILITY & INDEMNIFICATION Whitby shall indemnify and save harmless the Towns, and each one of them, against all manner of claims, damages, loss, costs and charges whatsoever, 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 or their or its property either directly or indirectly in respect of any matter or thing arising from Whitby's occupancy or use of the Animal Control Pound, or out of the implementation of this Agreement by Whitbv or any operation in connection therewith. 15. (1) Whitby 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 thai are satisfactory to the Towns. - 3- (2) (3) Whitby 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 iniury to and loss or death of any animal, in the following amounts per occurrence: (a) public liability $5,000,000.00 (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 In consideration of Whitby faithfully performing its obligations hereunder, the Towns shah pay to Whitby, (a) in 1986, the sum of $110,895, (b) in each subsequent year during the term hereof, a sum to be agreed upon by Whitby and the Towns, in equal monthly installments payable on the ]st day of each month during the term hereof, adjusted by a thirteenth payment/credit at the end of 1986 and at the end of each subsequent year during the term hereof, which payment/credit will make up any deficit/surplus outstanding at the end of the year in the cost to Whitby of providing the services hereunder for the Towns. 17. Whitby shall credit all pound and maintenance fees paid to it pursuant to sec- tion 2(2), above, and on its own behalf, to the cost to Whitby of providing the services hereunder for the Towns and for itself. 18. TERM, EXPIRY & TERMINATION The term of this Agreement shall commence on January 1, 1986, and shall continue from year to year thereafter unless terminated pursuant to section 19 or by agreement of all Parties hereto. 19. (1) This Agreement may be terminated, (a) on June 30, 1086 by an Party hereto upon one month's prior written notice, and (b) on December 31st in any year by any Party hereto upon six month's prior written notice. such notice to be given in each case by delivery to the Town Clerk of each of the other Parties on or before midnight on May 30, 1986 or on June 30th in any year thereafter, as the case may be. (2) 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 notice period shah commence on the day of service. - 4- 20. INTERPRETATION This Agreement is binding upon and shall enure to the benefit of the Towns and Whitby and their respective successors and assigns, but no assignment shall be valid without the written consent of each Town and Whitby. 21. Schedules A, B, C and D attached hereto shall form part of this Agreement. IN WITNESS WHEREOF the Towns and Whitby have hereunto affixed their corporate seals attested to by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF WHITBY THE CORPORATION OF THE TOWN OF AJAX Mayor Clerk Mayor Clerk THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk - 5 - SCHEDULE A Animal Pound 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; TIIENCE 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 F]eischman, 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 By-law No. ]00-82 By-law No. 1560/82 SCHEDULE C Hours of Operation and Staffing Hours of Operation Pound-keeping and animal control services shall be provided on a 24-hour, seven-day-a-week basis. Normal operating hours will be 8:30 a.m. to 4:30 p.m., Monday through Satur- day (except holidays), during which time Whitby shall keep the Animal Control Pound open to the public and shall maintain a collection and investigation function. At all other times, and on Control Pound closed to collection function. Sundays and holidays, Whitby shall keep the Animal the public but maintain an "emergency response" Staffing Whitby shall ensure that sufficient staff are available in order to perform obligations hereunder, subject to a minimum requirement that there be; (a) (b) its at least three shelter supervisors/animal attendants on duty from 8:30 a.m. to 4:30 p.m., Monday through Saturday (except holidays), at least one animal attendant on duty from 8:30 a.m. to 4:30 p.m., Sun- days and holidays, and (c) at least one shelter supervisor/animal attendant on call at other other times. For the purposes of this Schedule, the term "holidays" means those days of the year that Whitby's administrative offices are closed in recognition of New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday (August), I,abour Day, Thanksgiving Day, Remembrance Day, Christmas Eve, Christmas Day and Boxing Day. ACTIVITY DOGS - CATS - GENERAL - AJAX~ PICKERING, WHITB¥ ANIHAL CONTROL AND POUND ACTIVITY REPORT FOR THE QUARTER OF' 19 Stray Dogs Impounded Unwanted Dogs Sheltered Stray Dogs Claimed by Owner Stray Dogs Adopted U~anted Dogs Adopted Stray Dogs Euthanized Unwanted Dogs Euthanized flUNICIPALITY AJAX PICKERING WHITBY CURRENT YEAR QUARTERLY YEARLY TOTAL TOTAl. PREVIOUS YEAR QUARTERLY YEARLY _ TOTAL TOTAL Stray Cats Impounded Unwanted Cats Sheltered Stray Cats Claimed by Owner Stray Cats Adopted Unwanted Cats Adopted Stray Cats Euthanized Unwanted Cats Euthanized Hiscellaneous Animals Im4~ounded Animals Quarantined Animal Calls (excluding wildlife) Responed To Wildlife Calls Responded To Roadktlis Picked Up Emergency Calls After 4:30 p.m. Charges Laid Ant~l Control and Pound )lanager . :