By-law No. 0177/2005
Being a By-law for prohibiting and regulating within any part of Addington Highlands, or upon any defined highways therein, the being at large or trespassing of animals other than dogs or cats, pursuant to Sec 103 of the Municipal Act 2001, S.O. 2001, c.25, as amended.
Whereas the Council of the Corporation of the Township of Addington Highlands deems it necessary and expedient that a by-law be passed for prohibiting and regulating within any part of the municipality or within any defined area thereof, or upon any defined highways therein, the being at large or trespassing of animals, other than dogs and cats and for providing for impounding them and for causing them to be sold, if they are not claimed within a reasonable time or if the damages, fines and expenses are not paid according to law and for providing for the establishment of a procedure for the voluntary payment of penalties out of court where it is alleged that the by-law respecting animals being at large or trespassing has been contravened;
Now Therefore the Council of the Corporation of the Township of Addington Highlands enacts as follows:
Part 1 – Definitions
In this by-law:
1.1 “Owner” shall mean:
- (A) actual owner of the animals being at large,
- (B) the person having the care, custody, charge or control of the animals being at large,
- (C) the owner of the lands upon which the said animals are confined or intended to be confined before being at large,
- (D) the occupant of the lands upon which the said animals are confined or intended to be confined before being at large.
1.2 “Animal” shall mean: any member of the animal kingdom, other than a human, a dog or a cat.
1.3 “Animal Control Officer” includes the person or association who has entered into a contract or appointed by the Corporation of the Township of Addington Highlands to control animals and to use the Township Pound and any servants or agents of such person.
1.4 “Pound” means such premises and facilities designated by the Township as the Township pound.
- No owner of any animal shall permit the animal to be at large or trespass on any lands in Addington Highlands Township.
- The owner of animals at large or trespassing is liable for all damages and injuries committed by such animal or animals.
- Any animal at large or trespassing, contrary to this by-law, may be seized and impounded, by the by-law enforcement officer or animal control officer.
- The pound keeper shall keep a record of every animal impounded or seized including the date it was impounded, a description of the animal and the date and method of disposition. The pound keeper shall immediately attempt to notify the owner of any impounded animal, if the owner is known.
- Possession of an impounded or seized animal may be restored if claimed by the owner within three (3) days (exclusive of statutory holidays and Sundays), excluding the date of impounding or seizing.
- The owner of animals, which have been impounded, may settle out of court by paying over to the pound keeper all costs owing, for the costs of seizing and impounding the said animals, from the time of seizure to the time of voluntary payment, in the form of cash, certified cheque or money order.
- In the event that possession of any impounded animal has not been restored to the owner, within three (3) days after seizure, (exclusive of the first day of seizure, statutory holidays and Sundays), the animal may be sold by the pound keeper for the costs of seizing and impounding.
- Such payment does not relieve the owner from civil action resulting from damages or injuries sustained as a result of animals being at large or trespassing, contrary to this by-law.
- Where an animal seized is injured or should be destroyed without delay for humane reasons or for reasons of safety to persons or animals the animal control officer or by-law enforcement officer may arrange to have the animal killed in a humane manner as soon after seizure as he/she sees fit without permitting any person to reclaim the animal or without offering it for sale and no damages or compensation shall be recovered on account of its killing.
- Notwithstanding anything contained in this by-law, the animal control officer or the by-Law enforcement officer shall be permitted to use any reasonable force necessary to attempt to seize any animal found to be running at large including but not limited to the use of a tranquilizer gun or such necessary agents as may cause death for the purposes of seizing said animal, or animals, running at large in an area of the Township, where deemed necessary in the performance of their duties in their absolute discretion. Appropriate live traps may be used when deemed necessary. No damages shall be recovered on account of these actions
- If payment is not made in accordance with the procedure set out in clause 7 the fine is recoverable under the Provincial Offences Act, 2001.
- In the event that any of the provisions of this by-law are deemed invalid or void in whole or in part, by any court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect.
- That this by-law shall come into force and effect on the day of enactment.
Enacted on July 4, 2005
Ken Hook, Reeve | Jack Pauhl, Clerk