1998-055 To Enter into an Agreement with Ontario Humane Society to provide such services as Pound Keeper and Animal Control Officer
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 98-55
BEING A BY -LAW TO ENTER INTO AN AGREEMENT WITH ONTARIO HUMANE
SOCIETY TO PROVIDE SUCH SERVICES AS POUND KEEPER AND ANIMAL
CONTROL OFFICER
WHEREAS the Municipal Act, R.S.O. 1990, s.21 0, ss.3 and 13, as amended, authorizes
Councils to pass by-laws to provide for pounds and for seizing and impounding dogs running at
large;
AND WHEREAS the Council of The Corporation of the Township ofOro-Medonte deems it
expedient to provide for such services under Agreement with 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 July I", 1998 and remain in force until December 31,
1999;
3. That By-law No. 97-48 is hereby repealed.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 3n1 day of June, 1998.
By-law read a third time and finally passed, this 3n1 day of June, 1998.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, Ian Beard
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Clerk, Lynda Aiken
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SECHEDULE "A"
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THIS AGREEMENT made in duplicate this
day
1998.
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Corporation" of the FIRST P ART
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-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 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:
1. The Corporation agrees:
1.1 to appoint and it does hereby appoint the Society as Poundkeeper and Animal
Control Officer for theCorporation with the duties of such Poundkeeper to be
exercised by the Society to impound any animal in accordance with the 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.381
as amended.
1.3 to pay the Society as remuneration for its services as such Animal Control Officer
and Poundkeeper an annual sum equivalent to $40,000 dollars per annum, be
paid to the Society monthly ($3,333.34) effective the 1st day ofJuly 1998.
1.4 to grant to the Society and the Corporation does hereby grant to the Society, the
right to dispose of all animals impouuded which become the property of the
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 all animals lawfully impounded and lawfully
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 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 ofOro-Medonte and 50 percent by the Society. (By-Law 94-37
Section 9(a) (ii) (2).
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2.
The Society agrees:
2.1 to provide an animal shelter capable of providing adequate accommodation for all
animals impounded and ofmeetiug 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 Auimal Control Officers or other duly authorized
persous 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 fees as may be approved from time to time by the
Corporation.
2.5 to make available to the residents of the Corporation a programme 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 have 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 disposal of the animals.
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.
2.10 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:
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Public Liability
Property Damage
$3,000,000.00
$ 25,000.00
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 (24) 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 By-law Department if required.
3. This agreement shall commence on the 1st day ofJuly 1998 and shall continue in full
force and effect until the 31 st day of December 1999, 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
THE ONTARIO SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS (ONTARIO HUMANE SOCIETY)
a ,sotety !Ilso.rp.ora~d undo er,. the Ontario SPCA Act.
[tal 01/V^,~6vt/\JL---
Chief Executive Officer