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HomeMy Public PortalAbout23-075 - Animal At Large By-lawTHE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW NO. 23-075 BEING A BY-LAW TO REGULATE OR PROHIBIT THE BEING AT LARGE OR TRESSPASSING OF ANIMALS OTHER THAN DOGS, WITHIN THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS. WHEREAS Section 8 and 11 of the Municipal Act, 2001, S.O. 2001, c.25 as amended, authorize the municipality to pass by-laws regarding fences and enclosures; AND WHEREAS pursuant to Sections 11 and 103(1) of the Municipal Act, 2001, S.O. 2001, c.25 as amended, empowers councils of a local municipality to pass By-laws to regulate or prohibit animals being at large or trespassing and to provide for impounding them; AND WHEREAS Section 103. (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that municipalities may pass a by-law regulating or prohibiting the being at large or trespassing of animals, (a) The seizure and impounding of animals being at large or trespassing contrary to the by-law. (b) The sale of impounded animals. AND WHEREAS Section 398 of the Municipal Act, 2001, S.O. 2001, c25, provides that a local municipality may impose fees and charges for work done by the municipality to implement a by-law, and once charged, add unpaid fees or charges to the tax roll and collect them in the same manner as municipal taxes; AND WHEREAS Section 446 of the Municipal Act, 2001, S.O. 2001, c.25 as amended, provides that a municipality may enact a by-law to require that a matter or thing be done and in default, the matter or thing may be done by the municipality at the person's expense and further that the costs of doing so may be added to the tax roll and collected in the same manner as taxes; AND WHEREAS the Council of the Corporation of the Township of Leeds and the Thousand Islands deems it necessary to pass a By-law to regulate and prohibit animals being at large, including being at large on a highway; NOW THEREFORE the Council of the Corporation of the Township of Leeds and the Thousand Islands hereby enacts as follows: "Animal" includes cattle, goats, sheep, swine, horses, rabbits, mink, foxes, reptiles, domestic fowl and other animals, excluding dogs and cats. "At Large" means found at a place other than the premises of the owner of the animal and not under the control of any person. "Council" means the Council of the Corporation of the Township of Leeds and the Thousand Islands. "Domestic Fowl" shall mean and include, chickens, geese, ducks, turkeys and other such poultry. "Fence" means a barrier forming a boundary to or enclosing an area of land. "Officer" means a Municipal Law Enforcement Officer. "Owner" means the owner or person in possession of an animal and where the owner is a minor, the person responsible for the custody of the minor. "Perimeter fence" means a fence with gates, where necessary, that is located on the outer boundaries of a property and that encloses a property in its entirety. "Person" in addition to its regular meaning, includes an individual, firm, proprietorship, partnership, association, syndicate, trust, corporation, department, bureau and agency or any director, officer, manager, or person in charge of such entity or the collecting of rent of any property, or any other person who is the occupier of the property. "Trespass" means being on private property without permission of the owner of the private property or being at large on property owned by the Township. "Township" means The Corporation of the Township of Leeds and the Thousand Islands. "Township Property" means any land situated within the Township of Leeds and the Thousand Islands which is owned by the Township or controlled by the Township by lease or otherwise. 2.OFFENCES 2.1 No owner or person in charge of any animal shall permit an animal to be at large or trespass upon a highway. 2.2 No owner or person in charge of any animal shall permit an animal to be at large or trespass upon public or private property. 2.3 Every owner on whose property where animals are being kept shall prevent the animals from leaving the property at any time by erecting a perimeter fence or fence enclosure to contain such animals. 2.4 A required perimeter fence or enclosure shall be maintained in good repair. An electric fence may be used provided such barrier or fence is electrified by a constant source of power. 2.5 Each fenced area, yard, field, or pasture shall include a gate or gates including a swinging or sliding barrier used to fill or close an access and such gate or gates shall be closed at all times except for the purpose of moving the animal or animals under the direction of the owner or person in charge. 2.6 No owner or person in charge of any large animal may house or keep an animal on a property unless the property is zoned to permit the keeping of animals by the Township of Leeds and the Thousand Islands Zoning By-law 07-079, as amended, and any successor thereto. 3.ENFORCEMENT 3.1 This by-law shall be enforced by the Municipal Law Enforcement Officer(s) of the Township or such person or persons as Council may, by by-law, appoint. 3.2 If an Officer determines that an owner on whose property animals are being kept is in contravention of this by-law, an Officer may issue an order to the owner of the animals requiring the animals to be removed from the property or requiring the owner to repair or replace such fences and/or enclosures on the owner's lands to prevent animals from being at large on public or private property or highways within the municipality. 4. RIGHT OF ENTRY 4.1 An Officer or person designated by Council shall be permitted to enter onto land at any time for the purpose of enforcing this by-law and any orders or conditions imposed under the authority of this by-law. 4.2 A person exercising a power of entry on behalf of the Township under this by-law must, upon request, display or produce proper identification. 5. POWER OF MUNICIPALITY TO REPAIR 5.1 If an order of an Officer under this by-law is not complied with, in accordance with the order, the Municipality may cause the property to be repaired. 5.2 An Officer acting under this By-law or employees or agents of the Municipality may, and upon producing proper identification, enter the property at any reasonable time without a warrant in order to repair the property. 5.3 The Municipality or a person acting on its behalf is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the Municipality in the reasonable exercise of its power under this by-law. 5.4 The Township shall recover the costs for any repairs or maintenance undertaken to bring a property into compliance with this By-law. The owner to which an order has been issued with be required to pay for the costs including a twenty five percent administration fee, in like matter as municipal taxes. 6. IMPOUNDING AND SELLING OF ANIMALS RUNNING AT LARGE 6.1 An Officer, with respect to an animal being at large or trespassing in contravention of this by-law, may seize and impound the animal being at large or trespassing. The seized animal shall be impounded at such facilities designated and/or maintained by the Township. 6.2 If the owner of the animal can be identified, the Officer shall deliver notice to the owner (to the address of the owner shown on the last revised assessment roll or to be the last known address) that the animal has been impounded. 6.3 An owner or person in charge of an animal that has been impounded may claim the animal within 10 days of the impounding of the animal, excluding the day the animal was impounded and including the day the animal is claimed, provided that all costs incurred by the Township and the Township's pound keeper shall be paid by the owner before the animal is released. 6.4 If an animal which has been impounded is not claimed within the 10-day period stipulated in section 6.3 or if all of the costs incurred by the Township and the Township's pound keeper have not been paid, the pound keeper may sell the impounded animal without advertising or tender in accordance with the provisions of Pounds Act, R.S.O. 1990, c. P. 17, as amended. The proceeds of the sale shall be applied first to the costs incurred by the pound keeper and the balance, if any, shall be paid to the owner of the animal. 6.5 Where an animal that is captured or taken into custody in the opinion of the Township's pound keeper, is injured or should be destroyed without delay for humane reasons or for the reasons of safety to persons or animals, the Officer, pound keeper or other trained person appointed by the pound keeper, may euthanize the animal in a humane manner as soon after capture or taking into custody as he/she may determine, and may do so without permitting any person to reclaim the animal or without offering it for sale. 6.7 An Officer, police officer or persons designated by Council may euthanize an animal in the following circumstances: a) where the animal is trespassing or at large and in his/her opinion, should be euthanized because it is so severely injured that it would be inhumane to capture the animal and remove it to a veterinary hospital; or b) where the animal is trespassing or at large and in his/her opinion, should be euthanized for reasons of safety to the public or other animals. 6.8 No compensation, damages, fees or any other sum of money by reason of the impounding, euthanizing or other disposal of an impounded animal in the course of the administration and enforcement of this by-law shall be recoverable by the owner of an animal or other person. 6.9 No person shall forcibly retrieve an animal from the pound keeper, an Officer or, break and enter a patrol vehicle of an Officer or the Township or retrieve an animal without payment in full of all fees and charges required to be paid under this by- law. 7. PENALTIES 7.1 Every person who contravenes any provision of this Bylaw is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act R.S.O. 1990, c. P33 and to any other applicable penalties. 7.2 Each person who contravenes any provision of this By-law or fails to comply with an order issued in accordance with this By-law, shall, upon issuance of a penalty notice in accordance with Administrative Monetary Penalty By-law 22-044, be liable to pay to the Township and administrative penalty. If a person receives a penalty notice in accordance with the Administrative Monetary Penalty By-law for a contravention of the Safe Properties By-law, the following tiered penalty system applies: a) for a single contravention, the person shall be liable to pay to the Township the tier one (1) administrative penalty in the amount for that contravention as established by Schedule C to the Administrative Monetary Penalty By-law. b) If the person receives a second penalty notice for a contravention of the Safe Properties By-law within twelve (12) months from the date of the penalty notice containing a tier one (1) administrative penalty amount, the person shall be liable to pay to the Township a tier two (2) administrative penalty for that contravention in the amount of the tier one (1) penalty plus $100. c) the Person receives a third penalty notice for a contravention of the Safe Properties By-law within twelve (12) months from the date of the penalty notice containing a tier two (2) administrative penalty amount, the Person shall be liable to pay to the Township a tier three (3) administrative penalty amount for that contravention in the amount of the tier two (2) penalty plus an additional $150. d) If the person receives any subsequent penalty notices for further contravention of the Safe Properties By-law within twelve (12) months from the date of the penalty notice containing a tier three (3) administrative penalty amount, the person shall be liable to pay to the Township a tier three (3) administrative penalty amount for that offence. 7.3 Every person who is in contravention of the provisions of this By-law may request a review of the matter in accordance with the Administrative Monetary Penalty By- law. 8. RESPONSIBILTY OF PROPERTY OWNER 8.1 Every owner of property and every officer or director of a corporation that owns property within the Township of Leeds and the Thousand Islands has a duty to take all reasonable care to prevent occupants and users of their property from breaching the provisions of this By-law; a) Every person who has a duty under this section and who fails to carry out that duty is guilty of an offence. b) A director or officer of a corporation is liable to a conviction under this section whether or not the corporation has been prosecuted or convicted. 9.ORDERS 9.1 An officer who finds that a property does not conform to this bylaw may make and serve or cause to be served upon or send registered mail to such a person an order containing: a) The Municipal address or legal description of such property b) Reasonable particulars of the by-law infractions and actions required to achieve compliance. c) The period in which there must be compliance with the terms and conditions of the order and notice that, if such action is not completed within the time specified in the order, the Municipality may carry out the repair at the expense of the owner, or issue fines. 10. EMERGENCY ORDER 10.1 Notwithstanding any other provisions of this Bylaw, if upon inspection of a property the Officer is satisfied that there is non-conformity with the standards prescribed in this Bylaw to such extent as to pose an immediate danger to health or safety of any person, the Officer may make an order containing particulars of the non-conformity and requiring remedial repairs or other work to be carried out immediately to terminate the danger. 10.2 After issuing an order under Section 5.1 , the officer may, either before or after the order is served, take any measures necessary to terminate the danger and, for this purpose, the municipality may, through its employees and agents, at any time enter upon the property in respect of which the order was made without a warrant. 10.3 The Officer, Municipality or person acting on its behalf is not liable to compensate the owner, occupant, or any other person by reason of anything done by or on behalf of the Municipality in the reasonable exercise of its power under Section 5.3. 11. CONTINUING OFFENCE 11.1 Each day that a situation as described in Sections 2.1, 2.2 or 2.3 of this by-law is allowed to continue shall constitute a separate offence under this by-law. 12. OBSTRUCTION 12.1 In accordance with the provisions of the Municipal Act S.O. 2001, c. 25, as amended, Section 426(1), no person shall hinder, interfere with or otherwise obstruct, either directly or indirectly, an Officer, employee of the Township and/or agent in the lawful exercise of authority under this by-law. 12.2 Any person who has been alleged to have contravened any of the provisions of this by-law, who fails to identify themself shall be deemed to have obstructed or hindered the person exercising a power or performing a duty under this by-law. 13. TOWNSHIP NOT LIABLE 13.1 The Township assumes no liability for property damage, damage to animal or personal injury resulting from remedial action, remedial work and enforcement undertaken with respect to any person, animal or property that is subject of this by- law. 14.MUNCIPALLIEN 14.1 The Municipality shall have a lien on the land for any expense incurred by the Municipality in the enforcement of this bylaw for repair or demolition under Section 5.1 and the amount shall be deemed to be real property taxes and may be added to the property Roll, collected in the same manner as property taxes, plus administrative fee, and shall have priority lien status as described in Section 1 of the Municipal Act, 2001. 15. VALIDITY AND SEVERABILITY 15.1 Should any section, subsection, clause, paragraph or provision of this by-law be declared by a Court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity of the enforceability of any other provision of this by-law, or of the by-law as a whole. 16. SHORT TITLE 16.1 The short title of this by-law is the Animal At Large By-law. 17. REPEALED 17.1 By-law 13-076 is hereby repealed. 18. EFFECTIVE DATE 18.1 This By-law shall come into force and take effect on the date of its passing. READ A FIRST AND SECOND TIME THIS 11TH DAY OF DECEMBER, 2023. READ A THIRD TIME AND FINALLY PASSED THIS 11TH DAY OF DECEMBER, 2023. The Corporation of the Township of Leeds^nd the Thousand Islands y^ttk' (Qoi Corinna Smith-Gatcke, Mayor YY?^/;/u'n Megan Shannon, Clerk