1997-048 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 TOWNSmp OF ORO-MEDONTE
BY-LAWNO.97- 48
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.21O, 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 of Oro-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 ofOro-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 1''0 1997 and remain in force until June 30th, 1998;
3. That By-law No. 94-117 is hereby repealed.
4. That this By-law come into full force and effect on its fmal passing thereof.
By-law read a first and second time this 4th day of June, 1997.
By-law read a third time and finally passed, this 4th day of June, 1997.
THE CORPORATION OF THE TOWNsmp OF ORO-MEDONTE
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Mayor, Ian Beard !
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SCHEDULE "A" TO BY-LAW 97- 4 8
THIS AGREEMENT made in duplicate this 4 th day of June, 1997
BET WEE N:
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THE CORPORATION OF THE TOWNSHIP OF ORO/MEDONTE
hereinafter called the "Corporation
of the FIRST PART
- and -
ONTARIO HUMANE SOCIETY
hereinafter called the
Ontario SPCA of the SECOND PART
THIS AGREEMENT WITNESSETH and is hereby agreed between the parties
as follows:
1. The Corporation agrees:
1.1 to appoint and it does hereby appoint Ontario SPCA
as Poundkeeper and Animal Control Officer for the Corporation
with the duties of such Poundkeeper to be exercised by Ontario SPCA
to impound an animal in accordance the provision of the Corporation By-
laws;
1.2 to appoint and it does hereby appoint Ontario SPCA
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 to Ontario SPCA as remuneration for its services
as such Animal Control Officer and Poundkeeper an annual sum equivalent to
$40,000.00 dollars per annum, to be paid to Ontario SPCA
monthly effective the 1st day of July, 1997;
1.4 the Corporation does hereby grant to Ontario SPCA
the right to dispose of all animals impounded which become the property of the
Corporation in accordance with the Corporation By-laws;
1.5 the Corporation does hereby grant to Ontario SPCA
the right to dispose of the carcasses of all animals lawfully impounded and
lawfully destroyed in accordance with the Corporation By-laws;
1.6 the Corporation does hereby grant to Ontario SPCA
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% by Ontario SPCA (By-law
94-37 Section 9(a) (ii) (2).
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2. Ontario SPCA 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 by July 1, 1997, 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 the costs of such Officers and vehicles;
2.3 to receive, impound and hold for claiming by the
owners, an animal delivered to Ontario SPCA 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 fees as may be approved
from time to time by the Corporation; $5.00/day board.
2.5 to make available to the residents of the Corporation a
programme of humane services in accordance with the general custom of Ontario
SPCA;
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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 operation 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
percent of pound
9 (a) (ii) (2), and
the Corporation;
2.10
to receive, for the Corporation, dog license fees, 50
fee stipulated by Township of Oro-Medonte By-law 94-37 Section
to remit same to the Corporation at intervals stipulated by
to pay all costs of operating and maintaining said
shelter;
2.11 to indemnify 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 building insured for fire and to keep
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
Property Damage - $ 25,000
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 of July 1997 and shall
continue in full force and effect until the 30st day of June 1998, and
thereafter from month to month thereafter, 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 Ontario SPCA by its Officers properly authorized to do so.
SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWlS'SHIP
OF ORO/MEDONTE
Mayor
Tom Molloy, Manager
u:by-law\aco-byl.agr