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HomeMy Public PortalAbout2017-01-19_COW_Public Agenda PackagePage 1 of 2 COMMITTEE OF THE WHOLE AGENDA Thursday,January 19, 2017 Chester Municipal Council Chambers 151 King Street, Chester, NS 1.MEETING CALLED TO ORDER. 2.APPROVAL OF AGENDA/ORDER OF BUSINESS. 3.PUBLIC INPUT SESSION (8:45 A.M.–9:00 A.M.) 4.MINUTES OF PREVIOUS MEETING: 4.1.Committee of the Whole –January 5, 2017 5.MATTERS ARISING: 5.1 Discussion with Steve MacIsaac and Glen Strang, Nova Scotia Department of Transportation and Infrastructure Renewal (DOTIR) regarding Roads (appointment at 9:10 a.m.) a)Municipal Service Agreement-Roads b) Map of Roads under Municipal Services Agreement c) Correspondence to DOTIR as follows: i.Letter to DOTIR -Fraxville Road and Lake Ramsay, New Ross ii.Letter to DOTIR -John’s Road, Gold River iii.Letter to DOTIR –Fox Point Front Road, Fox Point iv.Letter to DOTIR –McInnis Road, Chester Basin 6.CORRESPONDENCE: 6.1 Email from UNSM dated January 11, 2017 regarding Topics Request for UNSM Spring Workshop & Fall Conference Session.(Response required by February 6th) 6.2 Letter of response from Village of Chester dated January 12, 2017 regarding Water Needs Analysis Motion. 7.NEW BUSINESS: 7.1 Request for Decision prepared by Community Development Department dated December 21, 2016 regarding Proposed Amendments to Dog By-Law. 7.2 Financial Condition Indicators 2015-16 –update from Nancy Dove, Director of Finance. Page 2 of 2 7.3 Wind Turbine Log Report 2016-17. 8.IN CAMERA: 8.1 Land/Contract Negotiations 8.2 Contract Negotiations –Recyclable Processing (TBC) 8.3 Contract Negotiations –Inter-Municipal Agreement -Sherbrooke Lake (TBC) 9.ADJOURNMENT. APPOINTMENTS ARRANGED 9:10 a.m.Steve MacIsaac and Glen Strang, DOTIR regarding roads. REQUEST FOR DECISION Prepared By:Garth Sturtevant Date: December 21, 2016 Reviewed By:Tara Maguire Date:December 21, 2016 Authorized By:Tammy Wilson Date:January 12, 2017 RECOMMENDATION Accept the proposed changes and give first reading to the Dog By-law to include outside hours stated on each kennel license and alter the notification process to reduce the number of registered letters. CURRENT SITUATION As per Council’s request from a meeting held November 24, 2016, this report outlines two proposed amendments to the Dog By-law (#140). Council requested that the Dog By-law be amended to require that every kennel license issued by the Municipality shall include the hours when dogs are permitted to be kept outside.Additionally, an amendment to the notification process for issuing kennel licenses is proposed. BACKGROUND These amendments arose from a request to amend the Chester Village Land Use By-law that would permit kennels in the Rural Zone. Members of the Village Area Advisory Committee (VAAC)requested that amendments be made to the Dog By-law before permitting kennels in the Rural Zone. Council voted against implementing the requested changes proposed by the VAAC, however, during the discussion on the Dog By-law, Council directed staff to make two separate amendments to the Dog By-law. The first amendment is to include as a condition on every kennel license, the hours when dogs are permitted to be kept outside.The permitted outside hours shall generally be in keeping with the Noise By-law (7:00am to 11:00pm) but may be varied,if appropriate,by the By-law Enforcement Officer when issuing a kennel license. The second amendment involves a change to the notification process when a kennel license application is received.Under the proposed amendment,the clerk will send a notice to property owners within 500 feet of the subject property by regular mail. If a kennel license is granted, each owner would then be notified of their right of appeal by registered mail.This amendment will reduce the number of registered letters required for each kennel license application. Currently, the Dog By-law requires that notice of the application and notice that a kennel license has been granted are both sent by registered mail. REPORT TO:Committee of the Whole SUBMITTED BY:Department DATE:January 19,2017 SUBJECT:Proposed Amendments to Dog By-law ORIGIN:Council Motion 2016-494 2 Request For Decision IMPLICATIONS Reduction in disturbances caused by kennels due to limited outside hours and cost savings for the Municipality by reducing the number of registered letters sent upon receipt of an application for a kennel license. Policy N/A Financial/Budgetary Direct savings on each kennel license application that is sent via regular mail. Savings of approximately $10.00 per neighbouring property within 500 feet of the subject property. Previously would cost approximately $20.00 per neighbouring property, now approximately $10.00 per property. Environmental None Strategic Plan Goal #3 The Municipality will continually improve satisfaction with municipal services Work Program Implications N/A OPTIONS Accept the proposed changes and give first reading to the Dog By-law to include outside hours stated on each kennel license and alter the notification process to reduce the number of registered letters; Reject the proposed amendments to the Dog by-law; Request additional amendments or changes and defer making a decision. ATTACHMENTS Dog By-law with Proposed Amendments (highlighted) COMMUNICATIONS (INTERNAL/EXTERNAL) None ____________________________________________________________________________________Notice of Intention to Amend –1st Reading –Council –2nd Reading –Council –Effective Date – MUNICIPALITY OF THE DISTRICT OF CHESTER DOG BY-LAW BY-LAW #140 DEFINITIONS1.In this By-Law:a."CLERK" means the Clerk of the Municipality and shall include any other person designatedby the Chief Administrative Officer to carry out the duties of the Clerk under this By-Law;b.BY-LAW ENFORCEMENT OFFICER”means that person employed by the Municipality,anddesignated by the CAO,with responsibility for the enforcement of by-laws and whose dutiesmay include those of the pound keeper and those of the Dog Control Officer as described inSection 175, Part (1) Subsection (h) of the Municipal Government Act;c.“ANIMAL CONTROL OFFICER” means that person employed by the Municipality, anddesignated by the CAO,with responsibility for Animal Control and whose duties may includemaintaining a pound, capturing and impounding dogs in breach of this by-law and those of theDog Control Officer as described in Section 175,Part (1) Subsection (h) of the MunicipalGovernment Act;d."DOG" means any dog, male or female, of any age or any animal that is the result of thebreeding of a dog and any other animal;e.To "OWN" includes to possess or harbour a dog;f."OWNER" includes any person who possesses, has the care of, or has the control of or harboursa dog and, where the person is a minor, includes a person responsible for the custody of theminor;g.“DOG LICENSE”means a license for any kind of dog.h.“DOG LICENSE PERIOD”means the time 5 years subsequent to the date of issue of a doglicense, both dates inclusive.i."POUND" means an enclosure maintained by or under the authority of the pound keeper forconfining dogs captured pursuant to this By-Law;j."FIERCE OR DANGEROUS" dog means any dog with a known propensity, tendency ordisposition to attack without provocation other domestic animals or persons. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________Notice of Intention to Amend –1st Reading –Council –2nd Reading –Council –Effective Date – Page 2 of 15 k."PUBLIC PROPERTY" has the same meaning as defined in Section 4 of the Public PropertiesBy-Law No. 134, but shall also include all Crown Land for which the Municipality hasresponsibility for under a Letter of Authority issued pursuant to the Crown Lands Act and allstreets, roads and highways and their sidewalks regularly used by the public that lie withinthe boundary of the Municipality, whether owned or maintained by the Municipality or someothergovernment body,organisation, body corporate, or person.l.“MUNICIPAL PROPERTY” shall include all streets, roads, trails, sidewalks parks,structuresandpublic places owned by the Municipality and shall be taken to include all Crown Land forwhich the Municipality has responsibility for under a Letter of Authority issued pursuant tothe Crown Lands Act.m.“KENNEL”means an establishment for the breeding and / or boarding of dogs and includesestablishments known as “Doggie Day Care” or any similar definition thereof.n.“KENNEL LICENSE” means a license for any type of kennel.o.“KENNEL LICENSE PERIOD” means the time between January 1st and the following December31st, both dates inclusive.p.“KENNEL OWNER”includes any person, individuals, partnership, society, association,corporation or agency who owns or operates a kennel as defined in section 1 (l)and shallinclude the owner of the property upon which the kennel is situated.q.“SELL” shall be taken to include giving away free of charge or otherwise finding a moresuitable home for a dog. DOGS2.The owner of every dog shall be responsible for registering and maintaining that registrationimmediatelyupon acquiring ownership of a dog with the Clerk and shall obtain at that time alicense for such dog. The registration and license fee shall be in accordance with policy adoptedbythe Municipal Council from time to time and shall be paid by the owner at time of registration.3.Unless there has been a prior renewal a license issued pursuant to Section 2 shall expire notlater than five (5) years from the date of issuance. 4. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________Notice of Intention to Amend –1st Reading –Council –2nd Reading –Council –Effective Date – Page 3 of 15 a.The Municipal Council shall appoint the clerk to be a Collector whose duties shall be toregister dogs and issue licenses and tags pursuant to this By-Law.b.The Municipality may employ a person who shall be designated by the CAO to act as eitherPoundKeeper or By-Law Enforcement Officer or Animal Control Officer or any one or all ofthese positions.5.a.Upon registration of the dog and upon payment of the prescribed registration and license fee,the Clerk shall issue a tag for each dog so registered.b.The tag shall bear the serial number of the license, the year in which it was issued and anyother inscription the Clerk, the Collector or the By-Law Enforcement Officer may deemnecessary.c.The owner of a dog shall keep the tag so issued securely fixed to that dog at all times whilethe dog is so registered and licensed.d.The tag may be removed from a dog when the dog is being lawfully used for hunting purposes.e.The owner shall not use the tag issued for one dog on any other dog.f.When satisfied that a tag validly issued has been lost, and upon payment of the fee set bypolicy, the Clerk may issue a new one to replace the lost one.g.The Clerk shall keep a register of all registrations and licenses together with such otherinformation as may be reasonable or necessary and amend the registration of each dog asrequired.6.a.Any dog which is off the property occupied by the owner or a property defined in Section 6(b)Part v without being under the continuous restraint and control of some responsibleperson,is deemed to be running at large for the purposes of this By-Law. A dog which istethered on a tether of sufficient length to permit the dog to leave the property occupied bythe owner or a property defined in Section 6 (b)Part v is deemed to be running at large.b.The owner of a dog, shall, while the dog is off the property occupied by the owner or aproperty defined in Section 6 (b)Part v, keep the dog under control by means of a harness orleash,and the dog shall be deemed to be running at large where the owner fails to use suchapparatus, except that an unleashed and unharnessed dog that is under continuous humanrestraint and control shall not be deemed to be running at large if at the time the dog is:i.participating in an organized hunt, dog exhibition event or dog field trials; DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________Notice of Intention to Amend –1st Reading –Council –2nd Reading –Council –Effective Date – Page 4 of 15 ii.participating in a search and rescue operation or law-enforcement operation;iii.assisting a person with a disability, provided the dog is trained for such purpose;iv.within a municipal public park where the area is designated by signage as an area inwhich dogs are permitted to be without a leash subject to such limitations are posted;v.on privately owned property, with the consent of the owner or occupant of the propertywhile the dog remains on the property;7.Any dog not registered pursuant to this By-Law, or running at large, or withouta collar or tag may be captured by the Animal Control Officer or By-Law Enforcement Officer,and placed in the pound so established. But in cases where dogs either cannot be captured orcannot be captured safely the Animal Control Officer or By-Law Enforcement Officer or personsacting under their authority may immediately destroy such dogs without impounding them.Upon any dog being so impounded the Animal Control Officer or By-Law Enforcement Officershallmake best efforts to contact the owner of said dog and inform them that the animal hasbeen impounded. Should the owner be unable to be contacted within five (5) days of the date ofthe dog being so impounded, the Animal Control Officer or By-Law Enforcement Officer shall;a.With dogs bearing the tag issued pursuant to this by-law mail to the registered owner notlater than three (3) days before the time referred to in the notice, by registered mail postageprepaid a notice in the form set out in Section 7 (c) hereof or such similar form as may suitthe particular circumstances; orb.With a dog that does not bear a tag issued pursuant to this By-Law, post in the MunicipalBuilding a notice not later than three (3) days before the time referred to in that Notice, aNotice in the form set out in Section 7 (c) hereof, or such similar form as may suit theparticular circumstances;c.The form of notice as set out in this Section may be as follows:"TAKE NOTICE"that a dog (giving a short description with number of tag, if any)has been impounded in the animal pound of the Municipality of the District ofChester at and unless such dog is claimed (and registered) on orbefore the day of 20 _, at o'clock in the noon, thedog will then be sold or if not sold within 7 days, may be destroyed.Animal Control Officer or By-Law Enforcement OfficerDated at in the Municipality of the District of Chester this day of20.8.The owner of any dog impounded may, upon proving the ownership thereof andupon the payment of any registration fee that may be outstanding as well asredemption fee in accordance with policy adopted by Council from time to timeand such other costs as may have been incurred in the capturing and keepingof the dog, redeem the dog from the pound. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________Notice of Intention to Amend –1st Reading –Council –2nd Reading –Council –Effective Date – Page 5 of 15 9.Any dog which has not been so redeemed within the period allowed, may afterthe expiry of that period be sold by the Animal Control Officer or By-Law EnforcementOfficer, for such price as may be reasonably obtainable, and the proceeds shallbe given to the Clerk to cover all costs incurred in capturing; keeping and sellingthe dog and the surplus if any may be retained by the Municipal Council, or may be returned tothe owner upon application and providing sufficient proof of ownership.10.Any dog which cannot be sold after a reasonable effort has been made may bedestroyedby the Animal Control Officer, or By-Law Enforcement Officer or person actingunder their authority.11.Any Constable,Peace Officer,Animal Control Officer or By-Law Enforcement Officer, withoutnotice to or complaint against the owner of any such dog, may impound any dog:a.which is fierce or dangerous; orb.which without provocation:i.has attacked or injured any person or property; orii.has caused any harm or loss to the body or personal property of any person; orc.which is rabid or appears to be rabid or exhibiting symptoms of canine madness; ord.that is persistently disturbing the quiet of the neighbourhood by barking,howling orotherwise.But in cases where dogs either cannot be captured or cannot be captured safely the AnimalControlOfficer or By-Law Enforcement Officer or persons acting under their authority mayimmediately destroy such dogs without impounding them.12.Where a dog has been impounded pursuant to Section 11 (a),Section 11 (b) or Section11 (c) ofthis by-law, any Constable, Peace Officer, Animal Control Officer or By-lawEnforcement Officer shall without complaint against the owner thereof make best efforts tocontact the owner of said dog and inform them that the animal has been impounded. Should theowner be unable to be contacted within five (5) days of the date of the dog being so impounded,the Animal Control Officer or By-Law Enforcement Officer shall;a.Where the registered owners details are known, or with dogs bearing the tag issued pursuantto this by-law, mail to the registered owner not later than three (3) days before the timereferred to in the notice, by registered mail postage prepaid a notice in the form set out inSection 12 (c) hereof or such similar form as may suit the particularcircumstances; orb.With a dog that does not bear a tag issued pursuant to this By-Law, post in the MunicipalBuilding a notice not later than three (3) days before the time referred to in that Notice, a DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________Notice of Intention to Amend –1st Reading –Council –2nd Reading –Council –Effective Date – Page 6 of 15 Notice in the form set out in Section 12 (c) hereof, or such similar form as may suit theparticular circumstances;c.The form of notice as set out in this Section may be as follows:"TAKE NOTICE" that a dog (giving a short description with number of tag, if any)as a result of (being found to be fierce or dangerous, being rabid or exhibiting symptoms ofcanine madness, an unprovoked attack against a person or property –delete as appropriate)has been impounded in the animal pound of the Municipality of the District of Chester atand unless an application is made to the Animal Control Officer or By-Law EnforcementOfficer on or before the day of 20_, at o'clock in the noon, the animal may be destroyed.Animal Control Officer or By-Law Enforcement OfficerDated at in the Municipality of the District of Chester thisday of 20 . d.The owner of any dog so impounded may, upon proving ownership of the dog, within 14 daysof the date of such notice being issued, lodge an application with the Animal Control Officeror By-Law Enforcement Officer, in writing, against the destruction of the dog.e.The Animal Control Officer or By-Law Enforcement Officer will, within 14 days of receipt of aletter of application against the destruction of a dog, schedule a meeting to discuss the matter.The Animal Control Officer or By-Law Enforcement Officer will inform the owner of the dogof the date of this meeting and the dog’s owner will be permitted to attend to present reasonswhy the dog should not be destroyed.f.Upon hearing any application, or if no application is received,the Animal Control Officer orBy-Law Enforcement Officer may;i.Make a decision to destroy the dog; orii.Authorise the return of the dog to its registered owner under such conditions,safeguards and limitations that they deem reasonable or appropriate to manage therisk posed by the dog, protect the neighbourhood and otherwise serve the purpose ofthis by-law so long as the registered owner signs an undertaking agreeing to be boundby such conditions; oriii.Return the dog to the registered owner; oriv.Make an application to the Court pursuant to the Municipal Government Act to makea decision on how to deal with the dog.g.In any case, after hearing an application, the Animal Control Officer or By-Law EnforcementOfficer will write to the owner of the dog, by registered mail, informing them of their decision. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________Notice of Intention to Amend –1st Reading –Council –2nd Reading –Council –Effective Date – Page 7 of 15 h.Where a decision has been made to destroy the dog, the Animal Control Officer or By-LawEnforcement Officer or a person acting under their authority will destroy the dog.13.Where a dog has been impounded pursuant to Section 11 (d) of this by-law, any Constable, PeaceOfficer,Animal Control Officer or By-Law Enforcement Officer may deal with the dog by:a.In the case of a first offence, and upon application by the owner with sufficient proof ofownership,may impose such conditions, safeguards and limitations as may deem reasonablyappropriate to protect the neighbourhood and otherwise serve the purpose of this by-lawupon the dog and its owner, and return the dog to the owner only after the owner has signedan undertaking agreeing to such conditions, safeguards and limitations; orb.In the case of subsequent offences, or where the owner or animal is in breach of any of theconditions, safeguards or limitations contained in the signed undertaking, the Animal ControlOfficer or By-Law Enforcement Officer may:i.Impose further conditions, safeguards and limitations as may deem reasonablyappropriate to protect the neighbourhood and otherwise serve the purpose of this by-law upon the dog and its owner,and require the owner to sign an undertakingagreeing to such conditions, safeguards and limitations; orii.Impound the dog and take steps to sell the dog.iii.Any dog that cannot be sold after a reasonable effort has been made may be destroyedby the Animal Control Officer or By-Law Enforcement Officer or person acting undertheir authority.14.Where a dog that was registered pursuant to this by-law has been impounded or destroyed, theMunicipalitymay take all reasonable steps to recover any costs associated with theimpoundment and destruction of the dog from the registered owner.15.Where a dog that was not registered pursuant to this by-law has been impounded or destroyed,but the identity of the owner has been established to the satisfaction of the Animal ControlOfficer or By-Law Enforcement Officer,the Municipality may take all reasonable steps to recoverany costs associated with the impoundment and destruction of the dog from the owner.16.Every owner of a dog who fails to remove the feces of a dog, other than a dogthat is trained to assist and is assisting a person with a disability, from Municipalpropertyis guilty of an offence against this By-law and is subject on conviction to the penaltyprescribed by in Section 20. KENNELS17.In respect of kennels. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________Notice of Intention to Amend –1st Reading –Council –2nd Reading –Council –Effective Date – Page 8 of 15 a.No person shall operate a kennel without first applying for the appropriate kennel license.b.The application for a kennel license shall comply with the provisions of this by-law and shallbe in a form acceptable to the By-Law Enforcement Officer or Animal Control Officer.Theapplication must be signed by the proposed Kennel Owner.c.A license fee as determined from time to time by policy by the Municipality shall be submittedwith each application for a kennel license and each subsequent application to renew a kennellicense.The fee shall cover the whole of the license period, or any portion thereof.d.A deposit,as determined from time to time by policy by the Municipality,shall be paid whensubmitting an application for a new or initial kennel license to cover expenses incurred bythe Municipality in processing the application.Any remaining balance of the deposit will bereturned to the applicant once the application has been processed.e.When applying for a kennel license,the Clerk will notify all neighbours within 500 feet of theproposed location, by regular registered mail not less than fourteen days (14)followingreceipt of application.f.When considering an application for a kennel license, the Animal Control Officer or By-LawEnforcement Officer will consider any objections from those neighbours notified that arereceived within 30 days of the date of the registered letter,and may take steps to furtherinvestigate these objections.g.In considering the grant of a kennel license, the Animal Control Officer or By-LawEnforcement Officer shall consider that, in addition to any specific requirements in the by-laws, that:i.The proposed site is an appropriate location for a kennel.ii.The kennel will not adversely affect the neighbourhood.iii.The kennel shall not be operated in a manner which creates a nuisance to anyoneoccupying a property in the vicinity.iv.Adequate and appropriate facilities will be provided to assure public safety.v.That kennel maintenance and operation conforms to the Code of Practice for CanadianKennel Operations as produced by the Canadian Veterinary Medical Association.vi.That the application conforms to the requirements of the Land Use By-Law.h.In considering the grant of a kennel license, the Animal Control Officer or By-LawEnforcement Officer may impose such conditions, safeguards and limitations as may deemreasonably appropriate to protect the neighbourhood and otherwise serve the purpose of theby-law.These conditions, safeguards and limitations will form part of the kennel license.i.In considering the grant of a kennel license, where the application for a kennel license hasbeen made for a kennel operation that has been in existence for at least 12 months prior tothe date this by-law became effective, the Animal Control Officer or By-Law EnforcementOfficer may allow the kennel operation a 6 month grace period in which to comply with the DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________Notice of Intention to Amend –1st Reading –Council –2nd Reading –Council –Effective Date – Page 9 of 15 provisions, safeguards and limitations set out in this By-Law and any kennel license issuedpursuant to it.The Animal Control Officer or By-Law Enforcement Officer may, at their discretion, extendthis grace period subject to the kennel owner providing and agreeing to a plan of action, andshowing evidence of progress in relation to this plan of action.j.Where the application for a kennel license is granted:i.The Clerk will write to all those persons informed in Section 17 (e)by registered mailto inform them that a kennel license has been granted to the applicant.ii.Those persons notified above will have fourteen (14)days from the date of receipt ofthe letter to register an appeal, in writing against the grant of a kennel license toMunicipal Council.iii.Should any appeals against the grant of a kennel license be received within the 14 dayperiod the Animal Control Officer or By-Law Enforcement officer will prepare a reportfor Council within 14 days.iv.After receiving the report Council shall set the date to hear the appeal and thenthereafter Council may:i.uphold the appeal and refuse the grant of the kennel license,orii.uphold the granting of the kennel license with additional conditions,safeguards and limitations as may deem reasonably appropriate to protectthe neighbourhood and otherwise serve the purpose of the by-law, oriii.reject the appeal and issue the kennel license.v.If no appeals are received within the 14 day period, or if any appeals are received andare subsequently rejected,the Clerk will issue the kennel license to the applicant.k.Where the application for a kennel license is refused:i.The Clerk will write to the applicant by mail informing them of their decision.ii.The applicant will have fourteen (14)days from the date of receipt of the letter tolodge an appeal, in writing, with Council.iii.The appeal process will follow that outlined in Section 17 (z)thru Section 17 (cc)below.l.A veterinary hospital shall not be considered a kennel unless it contains an area for thebreedingof dogs, or for boarding dogs for other than medical or surgical purposes.m.Kennel licenses shall include the following information and shall not be transferrable:i.Nameii.Locationiii.Maximum number of dogsiv.Hours when dogs may be kept outside,which shall typically be between the hours of 7:00am and 11:00pm in respect of the Chester Noise By-law (#135), DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________Notice of Intention to Amend –1st Reading –Council –2nd Reading –Council –Effective Date – Page 10 of 15 unless alternate hours are deemed appropriate by the By-law EnforcementOfficer pursuant to clause 17(h)v.Such other information as required from time to time by the Animal Control Officeror By-Law Enforcement Officer.n.The kennel owner shall renew the license annually prior to the commencement of eachsucceeding license period.o.A license issued pursuant to this by-law shall be in addition to any other license required forany dog which may be kept in such a kennel.p.All buildings, enclosures,runs and any other structures concerned with the operation of thekennel shall be kept in good repair at all times.q.Kennels shall be kept clean and all waste and excrement shall be disposed of in a manner thatdoes not create a nuisance, in a manner acceptable to the Department of Environment and ina manner that conforms to the Municipality of the District Of Chester Waste Collection andDisposal By-Law #131.r.Kennels shall be at all times under the direct control of a responsible person.s.The Animal Control Officer or By-Law Enforcement Officer may enter in or upon land wherea kennel is located, and enter the kennel buildings, pounds and enclosures to perform aninspection of the kennel so long as entry is made in accordance with the regulations laid downin Part XXI Section 503 of the Municipal Government Act.t.Inspections may be carried out;i.On a random basis.ii.As part of a regular series of inspections.iii.In response to complaints.u.If, after inspecting a kennel, the Animal Control Officer or By-Law Enforcement Officerbelieves it is not being maintained in a sanitary and/or humane manner,or is in breach of theconditions outlined on the kennel license and this or any other by-law, may;i.Issue a formal warning to the kennel owner; orii.Issue an order to the kennel owner instructing them to take reasonable andappropriate steps to rectify the unsanitary and/or inhumane conditions, or otherissues or breaches identified in the inspection; oriii.Issue an order revoking the kennel license; andiv.Report the incident to the SPCA. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________Notice of Intention to Amend –1st Reading –Council –2nd Reading –Council –Effective Date – Page 11 of 15 v.Should, after the issue of a formal notice,further inspections reveal the breaches identified inSection 17 (u) above to be unresolved,or reveal any further breaches,the Animal ControlOfficer or By-Law Enforcement Officer may;i.Issue an order to the kennel owner instructing them to take reasonable andappropriate steps to rectify the unsanitary and/or inhumane conditions, or otherissues or breaches identified in the inspection; orii.Issue an order revoking the kennel license; andiii.Report the incident to the SPCA.w.Should, after the issue of an order instructing the kennel owner to rectify any breachesidentified in the inspection, any breaches remain unresolved after the expiry date of such anorder,or any new breaches are discovered, the Animal Control Officer or By-LawEnforcement Officer may issue the kennel owner an order revoking the kennel license andwillreportthe breach to the SPCA.x.Any order that may have been issued revoking a kennel license will become effective fourteen(14)days after the date of issue unless there is an emergency situation,as determined by theAnimal Control Officer or By-Law Enforcement Officer, at which time the revoking of thelicense will be immediate.In such emergency situations the Animal Control Officer or By-Law Enforcement will arrange interim care for the affected animals.y.A kennel owner may, within fourteen (14)days of the date of issue of an order revoking akennel license, lodge an appeal with Council, in writing,against the order.z.Where a kennel owner has lodged an appeal within fourteen (14)days of the date of issue ofan order to revoke a kennel license, the order will be suspended until such time as the appealhas been heard and a decision has been made unless there is an emergency situation, asdetermined by the Animal Control Officer or By-Law Enforcement Officer in which case thelicense will remain revoked.aa.The Municipal Council will, within fourteen (14)days of receipt of a letter of appeal againstan order revoking a kennel license, schedule a meeting to discuss the matter. The MunicipalCouncil will inform the kennel owner, and the list of persons originally notified of the kennelapplication(see Section 17 (e))of the date of this meeting and the kennel owner and thosepersons notified will be permitted to attend to defend against the revocation order.bb.Upon hearing any appeal the Municipal Council may, at its discretion;i.Uphold the decision of the Animal Control Officer or By-Law Enforcement Officer;orii.Restore the license upon such terms and conditions as determined by Council;oriii.Uphold the appeal and reinstate the kennel license.cc.In any case, after hearing an appeal, the Municipal Council will write to the owner of thekennel, by registered mail, informing them of their decision. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________Notice of Intention to Amend –1st Reading –Council –2nd Reading –Council –Effective Date – Page 12 of 15 dd.The penalty for maintaining a kennel after the license has been suspended or revoked shallbe as in accordance with that indicated in Section 19 (a)of this by-law. OFFENCES & PENALTIES18.The owner of a dog:a.which runs at large contrary to this By-Law; orb.in respect of which the license fee imposed by this By-Law is not paid; orc.which is fierce or dangerous; ord.which, without provocation;i.has attacked or injured any person or property;orii.has caused any harm or loss to the body or personal property of any person; ore.which is rabid or appears to be rabid or exhibiting symptoms of canine madness; orf.that is persistently disturbing the quiet of the neighbourhood by barking, howling orotherwise;is guilty of an offence against this By-law whether or not such dog is chained,muzzled orotherwise restrained and is subject on conviction to the penalty prescribed by in Section 20.19.In respect of kennels;a.Any person who owns, maintains or operates a kennel contrary to this by-law or is in violationof any of the conditions stipulated upon a license issued pursuant to this by-law is guilty ofan offence and shall be liable on conviction for a first offence to a penalty not exceeding FiveThousanddollars ($5,000.00)and in default of payment to imprisonment for a term notexceeding thirty (30) days.b.Any person who owns, maintains or operates a kennel contrary to this by-law or is in violationof any of the conditions stipulated upon a license issued pursuant to this by-law is guilty ofan offence and shall be liable on conviction for all subsequent offences to a penalty notexceedingTen Thousand dollars ($10,000.00) and in default of payment to imprisonment fora term not exceeding thirty (90) days.20.Any person who fails to comply with any provisions of this By-Law or any license issuedpursuant there to and for which no penalty is expressly provided shall be liable on conviction toa penalty not exceeding Five Hundred dollars ($500.00) and in default of payment toimprisonment for a term not exceeding thirty (30) days.21.Where a person is guilty of an offence contrary to the provisions of this by-law or any licenseissued pursuant to this by-law, and that offence continues beyond 12:00 midnight on the day itwas committed, each subsequent day the offence continues shall be deemed to be a separateoffence. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________Notice of Intention to Amend –1st Reading –Council –2nd Reading –Council –Effective Date – Page 13 of 15 22.If it appears that the procedure was conducted in accordance with the principles of this by-law,that the irregularity, failure, non-compliance or mistake did not affect the result of the decision.23.This By-Law shall become effective on the date of publication. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________Notice of Intention to Amend –1st Reading –Council –2nd Reading –Council –Effective Date – Page 14 of 15 Annotation for Official By-Law BookDate of First ReadingDate of advertisement of Notice of Intent to ConsiderDate of Second ReadingDate of advertisement of passage of By-Law *Date of mailing to Minister a certified copy of By-LawI certify that the Dog By-Law # 140 was amended by Council and published as indicatedabove _____________________________________P.M. Myra, Municipal Clerk Date*Effective Date of the By-Law unless otherwise specified in the text of the By-Law DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________Notice of Intention to Amend –1st Reading –Council –2nd Reading –Council –Effective Date – Page 15 of 15 I, Pamela M. Myra, Municipal Clerk of the Municipality of the District of Chester do hereby certifythat the above is a true copy of an advertisement duly advertised in the Progress Bulletin on DATE.Given under the hand of the Municipal Clerk andunder the corporate seal of the said Municipality thisDATE. __________________________________Pamela M. MyraMunicipal Clerk Municipality of the District of Chester Financial Condition Indicators 2015 - 2016 Municipal ty of the District of Chester rural Above 20 1 2 3 4 5 6 7 Reliance on Gov't Transfers Uncollected Taxes 3 yr Change in Tax Base Comm Property Assessment Reliance on a Single Business Resi Tax Effort #of Deficits FINAL 2011/12 2.3%7.9%15.1%6.4%0.5%2.8%0 FINAL 2012/13 2.0%7.9%14.4%6.3%0.4%2.9%0 FINAL 2013/14 2.5%8.0%12.8%6.1%0.4%3.1%0 FINAL 2014/15 1.8%8.7%13.6%5.9%0.3%3.3%0 DRAFT 2015/16 2.5%7.9%10.7%6.0%0.3%3.4%- Threshold Below 15 Below 10 2012 Above 8.37 2013 Above 6.20 2014 Above 4.44 2015 Above 3.34 2016 Above 3.87 Above 10 Above 15 regional towns Below 10 Below 4 1 or less FCI Summary 8 9 10 11 12 13 14 15 Budget Exp. Accuracy Liquidity Ratio Operating Reserves Debt Service Ratio Outstanding Debt Undepreciat ed Assets 5 yr Capital Purchases 5 yr Contribution s to Capital Reserve FINAL 2011/12 1.1%1.7 32.3%8.5%0.5%47.4%131.2%0.6% FINAL 2012/13 1.0%1.7 59.1%9.9%0.5%46.1%131.2%0.4% FINAL 2013/14 3.6%2.2 53.7%10.4%0.4%46.0%144.5%3.0% FINAL 2014/15 7.7%3.7 71.6%9.8%0.6%45.1%145.4%8.1% DRAFT 2015/16 8.2%4.9 94.5%11.0%0.7%42.5%137.0%13.9% Threshold Between -5 and 5 Above 1 2012 Above 5 2013 Above 10 2014 Above 10 2015 Above 10 Below 15 Below 3.5 Above 60 Above 100 Above 10 April May June July August September October November December January February March Result April 2016 to March 2017 Expected Yield 462,550 445,775 342,375 304,700 328,900 422,125 501,325 524,150 595,650 525,800 462,825 584,100 5,500,275 Expected Revenue $60,594 $58,397 $44,851 $39,916 $43,086 $55,298 $65,674 $68,664 $78,030 $68,880 $60,630 $76,517 $720,536 Yield (kWh)649,873 406,595 340,114 232,864 312,962 358,727 386,211 470,015 631,008 3,788,369 Revenue Estimate $85,133 $53,264 $44,555 $30,505 $40,998 $46,993 $50,594 $61,572 $82,662 $0 $0 $0 $496,276 Availability 99.01%100.00%100.00%98.93%96.03%98.98%99.62%97.64%100.00%99.52% Power Curve (Y/N)Y Y Y Y Y Y Y Y Y T3 Time (Seconds)319 314 896 3,895 1,838 1,077 1,615 268 0 T5 Time (Seconds)11,697 139 182,539 451,230 157,527 395,774 507,425 75,527 0 Downtime (Hours)3.34 0.13 50.95 126.42 44.27 110.24 141.40 21.05 0.00 0.00 0.00 0.00 497.80 Estimated Annual Compensation -$33,289 -$36,855 -$38,044 -$36,711 -$31,732 -$31,956 -$32,774 -$31,605 -$32,584 -$32,584 Total Annual Revenue $51,845 $101,542 $144,908 $176,746 $222,723 $269,493 $319,268 $382,009 $463,692 $89,671 hours minutes seconds Legend:T3 0 0 0 Calculated 0 0 0 Fixed T5 0 0 0 Data Entry 0 0 0 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 Expected Yield Yield (kWh)