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1999-131 To Establish user fees for Livestock Claims in The Township of Oro-Medonte ,I'''. ....', 0- e e 1...1 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 99- 131 Being a By-law to establish user fees for Livestock Claims in the Township of Oro- Medonte WHEREAS Section 4 of the Livestock, Poultry & Honey Bee Protection Act provides that the Council of every local municipality shall appoint one or more persons as valuers of livestock and poultry; AND WHEREAS the Council of The Corporation of the Township ofOro-Medonte enacted By-law No. 99-13 to appoint Livestock Valuers for the municipality; AND WHEREAS Section 220.1 of The Municipal Act, RS.O. 1990, as amended, provides that a municipality may pass by-laws imposing fees or charges on any class of persons for services or activities provided or done by or on behalf of it; AND WHEREAS the Council of The Corporation of the Township ofOro-Medonte deems it necessary and desirable to enact a By-law to establish fees for Livestock Claims in the Township of Oro-Medonte; NOW THEREFORE the Council of The Corporation of the Township ofOro-Medonte enacts as follows: 1. DEFINITIONS For the purposes of this by-law: 1.1 "Council" means the Council of The Corporation ofthe Township ofOro- Medonte; 1.2 "owner" means the owner of livestock injured or killed as provided on the Report of the Livestock Valuer; 1.3 "dog owner" means a person who owns, possesses or harbours a dog and where the owner is a minor, the person responsible for the custody ofthe minor; .4 "Township" means The Corporation of the Township ofOro-Medonte; 1.5 "Treasurer" means the Treasurer of The Corporation of the Township ofOro- Medonte; 1.6 "Valuer's Report" means a report filed by a Livestock Valuer and may include a supplementary report where injured livestock subsequently dies as a result of its lllJunes; 1.7 "Veterinarian's Report" means a report filed by a Veterinarian at the request of a Livestock Valuer. 2. USER FEES 2.1 Every owner who files a Livestock Claim under the Livestock, Poultry and Honey Bee Protection Act with the Township ofOro-Medonte shall be subject to a Claim Fee as set out in Schedule "A" of this By-law. Said Fee to recover the Township's cost for the services provided by the Livestock Valuer on its behalf. In the event that a Veterinarian's Report or services are required to substantiate a Claim, the owner shall be subject to a Vet Fee as set out in Schedule "A" of this By-law. Said Vet Fee to recover the Township's cost for the services provided by the Veterinarian on its behalf. 2.2 ". ,'~:V I ,,' r.,. , ' -2- 3. e 3.1 3.1.1 3.1.2 3.1.3 PAYMENT OF FEES Fees Deducted from Claim Fees shall be deducted from the value of the Claim awarded on the Valuer's Report prior to payment by the Township. An invoice detailing the Fees and the value of the Claim shall be attached to the cheque issued by the Township. In the event that the Claim is for livestock killed or injured by wolves, the Township shall apply to the Ministry of Agriculture, Food and Rural Affairs for the applicable grant. 3.2 Fees Charged to Dog Owner 3.2.1 In the event that the Claim is for livestock killed by dogs, the owner may provide an Affidavit with respect to the identity of the dog responsible for the injury or death such that the Township is able to identify the Dog Owner. 3.2.2 If the owner is unable to, or fails to, provide an Affidavit or the Township is unable to identify the Dog Owner, the Fees shall be deducted for the Claim as provided in Section 3.1.1. 3.2.3 Where an Affidavit is provided, the Fees shall be invoiced to the Dog Owner and shall be payable upon demand. 3.2.4 Where the Dog Owner fails to pay the fee within 90 days, and the Dog Owner is an owner of land within the Township of Oro-Medonte, the Treasurer may add the Fees to the tax roll for real property owned by the Dog Owner and may collect the outstanding balance in like manner as municipal taxes. 3.3 Fees Greater than Value of Claim In the event that the Fees exceed the value of the Claim on the Valuer's Report, 3.3.1 The owner shall be advised when contacted by the Township to swear the prescribed Affidavit that the value of the Fees exceeds the amount of the Claim and the owner shall be given the option of whether or not to complete the Affidavit. 3.3.2 The Township shall deduct an amount equal to the value of the Claim and shall provide to the owner an invoice detailing the Fees and the value of the Claim. 3.4 Claims for iniured livestock e 3.4.1 Ifthe Claim is for injured livestock and the claim is left open subject to veterinarian bills, the owner shall be required to complete the prescribed Affidavit. 3.4.2 If the owner does not complete the Affidavit, an invoice would be issued for the Fees. No subsequent payment would be made for the Veterinarian bills and no further Claim would be processed in the event of the death of the livestock. 3.4.3 Where the owner completes the Affidavit, the Fees shall be deducted from the value of the Veterinarian bills prior to the issuance of any cheque to the owner by the Township. 3.4.4 If a subsequent Valuer's Report is required due to the death of the livestock from its injuries, the Fees shall be deducted from the value of any subsequent Claim prior to the issuance of the cheque by the Township. Ir . . -3- 4. VETERINARIAN'S REPORT 4.1 To substantiate a Claim, the Livestock Valuer may request a Veterinarian's Report to: e 4.1.1 ascertain the health of the livestock prior to its death or injury to assist in the determination of the value, or 4.1.2 ascertain whether injured livestock died from injuries which are the subject of an open Livestock Claim, or 4.1.3 ascertain whether veterinarian bills submitted by the owner are relevant to injuries which are the subject of an open Livestock Claim. 5. FORCE AND EFFECT That this by-law shall come into force and effect on its final passage thereof. Read a first and second time this 15tlxlayof December ,1999. Read a third time and finally passed this 15thday of December ,1999. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE " <'- -- ~'? ~.,~~ Mayor, Ian Beard s.-/' /;/ 1/ :7 ~;J."", "'-A:"~43>t "'~. }f ~4.-_ Clerk, Lynda Aiken e . \." . ~ e tit . "'.\{. It. II ~ Schedule "A" FEES FOR LIVESTOCK CLAIMS LIVESTOCK CLAIM FEE 1 st claim in any calendar year 2nd or subsequent claim in any calendar year FEE FOR VETERINARIAN'S REPORT $ 0.00 $ 60.00 Fee equal to Township's Cost ..... ;~ 'I. ,T - . e tit TOWNSHIP OF ORO-MEDONTE LIVESTOCK CLAIMS PROCEDURE 1. An owner whose livestock has been killed or injured by dogs or wolves shall contact one of the appointed Livestock Valuers immediately. 2. The Livestock Valuer shall visit the site and complete the Livestock Valuers Report. The Livestock Valuer shall take such photographs deemed necessary to accompany this report. A copy of the report shall be provided to the owner of livestock whenever possible. The owner shall be advised to visit the Township Administration Centre within 10 days to swear an Affidavit. 3. The Livestock Valuer shall file hislher report with the Clerk's Office as soon as possible either by mail or in person. 4. The clerk shall review the report to determine whether there are any errors or omissions and whether there are grounds for an appeal by the municipality. If there are grounds for appeal, a report shall be filed at the next available meeting of Council. 5. Once the Livestock Valuers Report is received, the Clerk's Office will call the owner to remind them to visit the Township Administration Centre within the prescribed period to swear an Affidavit and to advise that the claim will not be processed until this Affidavit is completed. 6. Once the Affidavit is signed, the Clerk's Office shall forward the claim to the Treasury Department for payment. Livestock Valuers payment of remuneration and mileage to be paid on the 30th day of June and the 315t day of December in each year. 7. In the case of a wolf kill, Treasury shall complete the appropriate report and application for grant :/Tom the Ministry of Agriculture, Food and Rural Affairs. 8. In the case of a dog kill, every effort shall be made to identify the dog and its owner. If the owner is known, Treasury shall issue an invoice in the amount of the claim together with a copy of the Livestock Valuers Report. If payment of the invoice is not received within 90 days, a report shall be made to Council with a recommendation as to further action. 9. If an Affidavit is not completed, the Clerk shall report to the next Committee of the Whole and recommend that no payment be made to the livestock owner. If endorsed by Council, the claim shall be forwarded to Treasury for payment to the Livestock Valuer only. 10. Except as indicated above, the Clerk's Office shall file a monthly report on Livestock Claims with Council. Such report shall include the owner's name, type and amount of claim and remuneration paid.