HomeMy WebLinkAboutBy-law 1457/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1457/82
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/Ajax/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.
2. By-Law 1436/82 is hereby repealed.
BY-LAW read a first, second and third time and finally passed this
8th day of March, 1982.
made in duplicate ~' ' 26~x sa','
of February, 1982.
BETWEEN:
THE ONTARIO SOCIETY FOR THE PREVENTION
OF CRUELTY TO ANI>~LS, 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 TOI~N OF AJAX,
THE CORPORATION OF THE TOWN OF PICHERING,
and THE CORPORATION OF THE TOWN O~WH~Tp!,
(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 WBEREAS 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 covenants
hereinafter set forth, fhe parties hereto covenant and agree
each with the other as follows:-
complet ion
The parties hereto covenant and agree that el>on
of the closing of the transaction relating to
acquisition of the laBds and premises described in Schedule "A"
hereio by the Town of Whitby, the Society shall provide ihe
services as hereinafter :set forth :~ubjcct to the te~ms
conditions hereof.
2. The Society
v.,,~icipa]ity and shall be
shall act as pound keeper for c~ch
respensible for the enforccr, ent of
the Animal Control By-laws of each Municipality,
in Schedule "B" hereto, including any amendments
or any By-]aws enacted in lieu thereof.
as descriked
to such By-laws
The Hunicipalities shall pay to the Society a
The Society shall dispose of all animals impounded
and which become the property of the Municipality Jn accordance
with the applicable By-laws of the respective Municipality.
5. The Society shall dispose of all carcasses of
animals ]awfully impounded and destroyed in accordance wlth the
applicable By-laws of the respective Hunicipality.
6. The Society shall have the right to collect and
retain all pound fees and destruction fees in accordance with
the a?plicab]e By-laws of the respective Municipality.
accordance
respective
report
All licence fees collected by the Society in
with this Agreement shall be remitted to the
Municipalities at the same time as the monthly
required in accordance with Schedule "D" hereof.
o
The Society agrees:
(a) to employ and supervise such animal control
officers and other staff necessary to
implome~t i:he provisions of this agrcem~nt.
The staffing and hours of operation set
forth in Schedule "C" hereto shall be main-
l~ained by the
(b) to maintain at all t~mes three suitable
vehicles in proper working ord~r for
for the term hereof has been established shall be made forth-
with between the Society and each Municipality.
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
(c)
(e)
(f)
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use of the aforesaid staff, to pa!· all
operating and other costs associated with
such vehicles and to maintain personal
injury and property damage insurance on
each vehicle 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
to each occurrence:-
Public Liability -
Property Damage -
amounts with respect
$1,000,000.00
$ 50,000.00
It is
there
Municipality with respect to
insurance;
to receive,
the owners,
further understood and agreed that
shall be no deductible payable by any
the aforesaid
impound and hold for claiming by
any an]mai delivered to the
Society's animal shelter by any an]mai con-
trol officer or other person and to dispose
of same by sale or dcstruction;
to charge such pound and other foes as may
be approved from time to time by the respec-
tive Municipalities;
{o deliver to each Municipality a mon{hly
report in accordance with the previsions ef
Schedule "O" hereto;
4
(g) to provide a humane method for the killing
of animals;
(h) to dispose of the bodies of all animals
so killed in accordance with applicable
legal requirements;
(il 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;
(j) 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;
{kl 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;
(1) to make available any of its employees having
any relevant know]edge re]at{ng to giving evi-
dence or otherwise assisting with respect to
any prosecution ~mplemented under ~he aforc-
(m)
(n)
said By-laws by any
to require any owner
dog, when a licence
of the Municipalities;
claiming an un]ice.,~sed
is required by
respective :,'n~icipal By-law, to purchase a
lJcence through the Society prior to ]eturn{ng
said dog %o the owner.
to render cour[eous and pror, pt service to
all citizens' enquiries;
(o)
5
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 Runicipalities 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
acquisition of the said lands in accordance with Section
hereof, the
outside cat
lands.
Society shall remove at
accommodation presently
the
1.
its sole expense, the
situate on the subject
10. (a)
(b)
(c)
The Town of Whitby hereby grants to the Society
the right in %he 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,
joint ~enture or other relationship bekw~en ~he
parties hereto;
such licence shall continue during the t,.~rm of
~his Agree~:k~nt and shall te~n, inate and be of
no fur{her force and cff~ct upon ~o]'min~tioi1 of
The Society shall be at liberty to carry out any
other responsibilities it may h,:vc und,~r
Ontario Society for the Proven{ ion of CruolLy
to Animals Act, 1980, R.S.O., Chapter 356,
or otherwise. Should the Nun±cipalities, at
an}' 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 terminate this Agree-
ment (as hereinafter provided) and the Town
of Whitby may terminate the aforesaid
licence in a like manner.
(d)
The Society shall be responsible for the normal
caretaking requirements, includin9 the removal
of snow and the cuttin9 of grass, with respect
to the aforesaid lands and premises, including
any buildings thereon and equipment associated
therewith. The Town of Whitbyshall be respon-
sible for the mainlenance and general repair of
the said buildings.
11.
(a)
(b)
12.
Agrcenent,
shall not
the ?.,~nicipalities or use
ties on a te]~perary basis
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 Y~edical Officer of
Health, because the animal is suspected of having
rabies, up to the lenghh of time specified by
the ~.~edical Officer of Nealth in accordance
with the law;
to supply to the Society dog licences and
receipts in order that the Society may licence
unlicenced dogs as required hereby.
.Notwithstanding any o~her p~ovisions of {his
it is expressly understood and dgreed that the Society
transfer any staff, as listed in Schedule "C", out nf
any such s%~ff outside such :.lunieiN~!i-
or otherwise.
13. The
including the !st
of December, 1982,
~_z.~, of thi~ n .... -~+ shall ~=
da}' of January to and including the 3lst day
PROVIDED THAT it may be terminated at an}'
time by the Society or the Municipalities as aforesaid or other-
wise upon notice in writing to the Society or the Hunicipalities.
Such notice shall be deemed to be served to the respective
parties on the day of its personal delivery to such parties or
five dans 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
PR~Vr~NTION OF CRUELTY TO
ANIMALS
Per:
THE CORPORATION OF THE TOWN
OF AJAX
Per:
THE CORPO}e%TtON OF THE
TO'dN OF PICKERING
'I]!E CORPOIL%TION OF ,u,v2,~.~
TO?;N OF NN!TBY
,~4AYOR
CLRRR "z' ' '
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 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-E!ec-
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;
degrees 56 minutes 20 Seconds West continuing
limit a distance of 312.00 feet to a point;
degrees 54 minutes East a distance of 986.12
THENCE North 17
along said East
THENCE North 88
feet to a point;
THENCE North 73 degrees 20 minutes 20
of 293.00 feet to a point in the West
Road No. 26;
THENCE South 18 degrees 06 minutes
seconds East a distance
limit of sa~d Regional
East along said West limit
a distance of 250.83 feet to the point of co:~r:/onco:r~ent, subj>-t
{o a right--of-way in favour of ~he Trans-Norihern Pipe Line
described by Instrument No. 93037.
'Phe above descrJb~d parcel of ]and contains by
Schedule "A" continued
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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
for the Registry Division of Durham
of Ontario).
in the Registry Office
(No. 40) (formerly Count},
SCHEDULE "B"
AN I ?~AL CONTROL BY-LAWS
The Corp_or_a_t_i_o_n ?_f__the Town of Ajax:
By-law No. 98-79
_The_ Co~rpora_tjon qf ~[~_e ~_o~wn_..of P~_ckering:
By-law No. 617-77
The Corporation of the Town of_~itby
(a) By-law 8~-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 OPEP~ATION
From and including the last Sunday in April to
and including the da}, preceding the last Sunday
in October:-
MONDAY TO FRIDAY
1 Warden 7 a.m. to 3 p.m.
1 warden 9 a.m. to 5 p.m.
1 warden 2 p.m. to 10 p.m.
1 part time
Warden 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. to 3 p.m.
1 part time
Warden 2 p.m. to 10 p.m.
Shelter snail be open 10 a.m. to 5 p.m. Saturdays only
THE BALANCE OF THE YEAR:-
MONDAY TO FRIDAY
1 Warden
1 Warden
1 Warden
7 a.m. to 3 p.m.
9 a.m. to 5 p.m.
12 noon to 8 p.m.
Shei%er shall be open 10 a.m. to 5 p.m.
SATURDAY AND SUNDAY AND HOLIDAYS
1 part time
P[avden 8 a.m. tO 4 p.m.
1 part time
Warden 10 a.m. to 6 p.m.
Shelter shall be ope-n 10 a.m. to 5 p.m. Saturdays only
The Society shall file with each ?,~uniciDali~\' a
monthly report in accordance with Appendix "I" hereto.
Notwithstanding the c~ana'_-ality of the a=o ~]d, suck
reports shall include a list of all er, ployees and the dazes and
hours worked during the relevant period.
Such reports shall be submitted to each Hunicipality
on er before the !5th day of the month succeeding the period of
such report.
The Society shall also provide writ%on or oral reporns
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 Cum.trice established by the Munici-
palities and to such other additional meetings as may be desig-
nated by such Co~,mittee.
A~?ENDiX .....
to
SCHEDULE"
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