2005-036 Agreement with Ontario Society Prevention of Cruelty to Animals, SPCA Act to Provide Pound Keeper and Animal Control
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-036
A By-Law to Enter into an Agreement with
The Ontario Society for the Prevention of Cruelty to Animals
(Ontario Humane Society), A Society Incorporated Under The Ontario SPCA Act
to Provide such Services as Pound Keeper and Animal Control Officer
and to Repeal By-Law No. 2000-3
WHEREAS pursuant to Section 11 (1)9 of the Municipal Act, S.O. 2001, c.25, as
amended, Council is empowered to pass by-laws respecting animals;
WHEREAS pursuant to Section 5(1) of the Pounds Act, R.S.O. 1990, Chapter P.17, a
Municipality is empowered to impound animals deemed to be running at large;
WHEREAS the Council of The Corporation of the Township of Oro-Medonte passed on
the 26th of June, 2002 By-Law No. 2002-076, "Animal Control By-Law", Being a By-Law
to Regulate, License and Control Animals within The Township of Oro-Medonte;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems it expedient to provide for such services under Agreement with The Ontario
Society for the Prevention of Cruelty to Animals (Ontario Humane Society), Orillia
Branch;
NOW THEREFORE be it resolved that the Council of The Corporation of the Township
of Oro-Medonte enacts as follows:
1 . That the Mayor and Clerk be authorized to execute the Agreement, attached
hereto as Schedule "A" which forms part of this By-law;
2. That the said Agreement take effect January 1 st, 2005 and remain in force until
December 31,2006;
3. That By-law No. 2003 - 3 is hereby repealed;
4. That this By-law come into full force and effect on its final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 20TH DAY OF APRIL, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF APRIL,
2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Schedule "A" to
By-Law No. 2005-036
20th
THIS AGREEMENT made in duplicate this _day of April, 2005.
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter caJled the "Corporation" of the FIRST PART
-and-
THE ONTARIO SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS (ONTARIO HUMANE SOCIETY) a
Society Incorporated under the Ontario SPCA Act
Hereinafter caJled the "Society" ofthe SECOND PART
WHEREAS the Society has the facilities and is prepared to act as Poundkeeper and Animal
Control Officer for the Corporation;
NOW THEREFORE this Agreement Witnesseth for and in consideration of the mutual
covenants hereinafter contained, the parties hereto agree each with the other as follows:
I. The Corporation agrees:
1.1 to appoint and it does hereby appoint the Society as Poundkeeper and Animal
Control Officer for the Corporation with the duties of such Poundkeeper to be
exercised by the Society to impound any animals in accordance with provisions
of the Corporation By-Laws.
1.2 to appoint, and it does hereby appoint the Society employees as Municipal law
Enforcement officers pursuant to section 70 of the Police Act, R.S.O. 1980, c.38]
as amended.
].3 to pay the Society as remuneration for services as such Animal Control Officer
and Pound keeper an annual sum equivalent to $43,298 doJlars per annum, be
paid to the Socie1y monthly ($3,608.] 7)effective the I st day of January. 2005.
to pay the Society as remuneration for its services as such Animal Control
Officer and Pound keeper an annual sum equivalent to $44,596 doJlars per
annum be paid to the Society monthly ($3,716.33) effective the 1st day of
January, 2006.
to pay the Society the sum equivalent to $ 1,000.00 per annum to assist with the
impoundment of cats (Expires December 3], 2006)
to pay for court costs for charges laid on behalf of the Township ofOro-
Medonte subject to written confinnation from the Society.
1.4 to grant to the Society and the Corporation does hereby grant to the Society, the
right to dispose of aJl animals impounded which become the property of the
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Corporation in accordance with the Corporation By-laws..
1.5 to grant to the Society and the Corporation does hereby grant to the Society, the
right to dispose of the carcasses of a11 animals lawful1y impounded and lawful1y
destroyed in accordance with the Corporation By-Laws.
1.6 to grant to the Society and the Corporation does hereby grant to the Society, the
right to co11ect a11 pound fees and destruction fees in accordance with the scale of
fees authorized by the Corporation By-laws, said fees to be retained 50 percent
by the Township ofOro-Medonte and 50 percent by the Society. (By-Law 94-37
Section 9(a) (ii} (2).
2. The Society agrees:
21 to provide an animal shelter capable of providing adequate accommodation for
al1 animals impounded and of meeting the requirements set for this type of
building, and of meeting the requirements ofal1 applicable provincial legislation.
2.2 to employ and supervise such Animal Control Officers as may be considered
necessary, and, to provide such officers with adequate vehicles, and, to pay a11
costs of such officers and vehicles.
2.3 to receive impound and hold for claiming by the owners, any animal delivered to
the Society's animal shelter by Animal Control Officers or other duly authorized
persons and. to dispose of unclaimed, animals by sale or destruction in
accordance with the provision of the Corporation's By-laws.
2.4 to charge such pound and other fee as may be approved from time to time by the
Corporation.
2.5 to make available to the residents of the Corporation a program of humane
services in accordance with the general custom of the Society.
2.6 to provide and instal1 a11 the equipment. necessary for the proper operation of the
animal shelter and in particular to supply the equipment necessary to humanely
destroy unwanted or unclaimed animals and such equipment must meet the
standards set by the Ontario SPCA and the Animals for Research Act.
2.7 to keep the shelter open and in operation on such days and at such hours as sha11
from time to time be agreed upon between the parties to ensure that the owners of
impounded animals a reasonable opportunity to reclaim such animals.
2.8 to submit to the Corporation on or before the 15th day of each month a written
statement. of the operations of the shelter up to the Last day of the preceding
month, showing the number of impounded animals received at the shelter, the
length of time detained in the shelter and the disposition of the animals. A written
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statement of all charges laid on behalf ofthe Township of Oro-Medonte and any
litigation as a result of said charges.
2.9 to receive, for the Corporation, dog license fees, 50 percent of pound fee
stipulated by Township ofOro-Medonte By-law 94-37 Section 9 (a.)(ii)(2) and
to remit same to the Corporation at intervals stipulated by the Corporation.
2. I 0 to pay all costs of operating and maintaining the said shelter.
2. I I to indemnity and save harmJess the Corporation in respect to all charges, costs,
expenses and claims whatsoever, in connection with the operation of the shelter
2. I 2. to keep the Society and the Corporation properly insured in respect to public
liability and property damage, including claims in respect to injury and loss
and/or death of any animal in the following amounts:
Publjc Liability $3,000,900.00
Property Damage $ 25,000.00
2. J 3 to provide telephones at the shelter. for the purpose of the public to be able to
phone the shelter and to provide a (24) hour answering service to assist the
public.
2. I 4 10 provide24 hour emergency service as required.
2.15 to follow-up on nuisance complaints and notify By-law Department if required.
3. This agreement shaH commence on the I st day of January, 2005 and shaH continue in fiH
force and effect until the 31 st day of December 2006, and thereafter trom month to
month, until. Replaced by a new agreement or either party gives written notice for the
termination of the agreement with notice of30 days.
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IN WITNESS WHEREOF THE CORPORATE SEAL OF THE CORPORATION
OF THE TOWNSHIP OF ORO-MEDONTE attested to by the proper Officers in that behalf
and Executive by the Ontario. SPCA by its Officers properly authorized to do so.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
M'ym 9::" ~ u..;; ,
Clerk . ~ {o ~
M~k4
THE ONTARIO SOCIETY FOR THE PREVENTION OF
CRUEL TY TO ANIMALS (ONTARIO HUMANE SOCIETY)
a Society Incorporated under the Ontario SPCA Act. Chief Executive Officer
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CEO \0:"., ~~q)
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