2007-045 OSPCA AgreementTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2007-045
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. 2005-036
WHEREAS pursuant to Section 11(3)9 of the Municipal Act, 2001, 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 21St of December, 2005 By-Law No. 2005-119, "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:
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 1St, 2007 and remain in force until
December 31, 2007;
3. That By-law No. 2005-036 is hereby repealed;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 25T" DAY OF APRIL, 2007.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 25T" DAY OF APRIL,
2007.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Schedule "A" to By-law No. 2007-045
THIS AGREEMENT made in triplicate this 25th day of April, 2007.
BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called 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 called the "Society" of the SECOND PART
WHEREAS the Society has the facilities and is prepared to act as Pound keeper and
Animal Control Officer for the Corporation;
NOW THEREFORE this Agreement witnesses the consideration of the mutual
covenants hereinafter contained, the parties hereto agree each with the other as
follows:
1. The Corporation agrees:
1.1 to appoint and it does hereby appoint the Society as Pound keeper and
Animal Control Officer for the Corporation with the duties of such Pound
keeper 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 15 of the Police Services Act,
R.S.O. 1990, c. P.15, as amended.
1.3 to pay the Society as remuneration for services as such Animal Control
Officer and Pound keeper an annual sum equivalent to $46,023 dollars per
annum, be paid to the Society monthly ($3,835.26) effective the 1 st day of
January, 2007.
1.4 to pay the Society the sum equivalent to $1,000.00 per annum to assist with
the impoundment of cats.
1.5 to pay the Society the sum equivalent to $1,000.00 per annum to assist with
the spay/neuter program.
1.6 to pay for court costs for charges laid on behalf of the Township of Oro-
Medonte subject to written confirmation from the Society.
1.7 to grant to the Society, the right to dispose of all animals impounded which
become the property of the Corporation in accordance with the Corporation
By-laws.
1.8 to grant to the Society, the right to dispose of the carcasses of all animals
lawfully impounded and lawfully destroyed in accordance with the Corporation
ey-Laws.
1.9 to grant to the Society, the right to collect all 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 of Oro-Medonte and 50
percent by the Society. (By-Law 2005-119, Appendix "A", Section 7.1.2.2).
OSPCA Contract 2007
Page 1 of 3
1.10 to grant to the Society, the right to collect dog licensing fees, in accordance
with the scale of fees authorized by the Corporation By-laws, said fees to be
retained by the Township of Oro-Medonte, minus a $2.00 commission fee per
licensing dog tag to be retained by the Society.
2. The Society agrees:
2.1 to provide an animal shelter capable of providing adequate accommodation
for all animals impounded and of meeting the requirements set for this type of
building, and of meeting the requirements of all 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
all 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 install all 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
shall 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.
2.9 to receive, for the Corporation, dog license fees minus a $2.00 commission
fee per licensing dog tag, 50 percent of pound fee stipulated by Township of
Oro-Medonte By-law 2005-119 Appendix "A" Section 7.1.2.2 and to remit
same to the Corporation at intervals stipulated by the Corporation.
2.10 to pay all costs of operating and maintaining the said shelter.
2.11 to indemnity and save harmless the Corporation in respect to all charges,
costs, expenses and claims whatsoever, in connection with the operation of
the shelter
2.12. 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:
Public Liability $3,000,000.00
Property Damage $ 25,000.00
OSPCA Contract 2007
Page 2 of 3
Y
wIV
2. 13 to provide telephones at the shelter for the purpose of the public to be able to
phone the shelter and to provide a (24j hour answering service to assist the
public.
2.14 to provide 24 hour emergency service as required.
2.15 to follow-up on nuisance complaints and notify the By-law Department if
required.
3. This agreement shall commence on the 1st day of January, 2007 and shall continue
in full force and effect until the 31st day of December 2007, and thereafter from
month to month, until replaced by a new agreement or either party gives written
notice for the termination of the agreement with notice of 30 days.
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
C rk, J. Dou Irvin
THE ONTARIO SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS (ONTARIO HUMANE SOCIETY)
a Society Incorporated under the Ontario SPCA Act
.,-°'" ,
~,~ .~'
Ch ~f Executive Officer
OSPCA Contract 2007
Page 3 of 3