Loading...
HomeMy WebLinkAboutTIV 78 004 Appt Enforcement o~ tJ f l-- THE CORPORATIO~ OF THE VILLAGE OF BY-LAW Nu;mER 1978-4 A BY-LAW TO APPOINT A BY-LAW ENFORCEMm,T OFFICERFO THE aoRPORATION OF THE VILLAGE OF R¡VERTON. WHEREAS The Council may appoint a By aw Enforcement Officer pursuant to Section 68 of The Police Act R. .0. 1970, Chapter 35.1. AND WHEREAS it is necessary to appoi enforce the provisions of the Tiverton Dog Control M,D wHEREAS it is desirous to enter . with certain other municipalities to share the cost By-Law Enforcement Officer. NOW THEREFORE The Council of the Village of Tiverton Enacts As Follows: 1. That Harold Phillips be, and he By-Law Enforcement Officer of the Village of Tivert purposes of enforcing the provisions of Tiverton Do t someone to y-Law. to an agreement of such a ration of the e by app¡j!in tad n for the Control By-Law Number 1978-~0 2. That the said Harold Phillips shall h Id office during the pleasure and subject to the By-Law of the Counc'l and shall with respect to the Corporation of the Village of Tivert n, and the enforcement of its Dog Control By-Law 1978-50 exerc'se all the authority powers and rights andshall perform all the duties d obligations which by statute or by-laws are or may be conferred or imposed upon the By-Law Enforcement Officer. 3. That the salary of the said Harold Ph'llips as By-Law Enforcement Officer of the Corporation of the Villa Ð of Tiverton be paymønt in full for all services required of him and all fees or emoluments of any kind accruing to him by virtue of an Act, Statute or By-Law shall be paid to the Village Trea urer and be credited to the General Funds of the Village of Tiv rton. 4. That the said Harold Phillips shall b paid such salary, mileage and fringe benefits in accordance with Sche ule "A" to this By-Law. 5. That the Said Harold Phillips may als a similar manner by the Villages of Lucknow, Ripley Teeswater, Paisley andthe Township of Huron. 6. That Harold Phillips' appointment as y-Law Enforcement Officer pursuant to this By-Law may be erminated by The Council on giving 30 days notice. be employed in Tara, Hepworth, 7. That a cost sharing agreement between the municipalities referred to in Paragraph 5 of this By-Law and attac ed hereto shall be entered into by Tiverton and.the Clerk and Reeve are hereby authorizød to execute it on behalf of the Vi lage of Tiverton. THIS BY-LAW INTRODUCED AND READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED AND SIGNED, AND SEALED MiD NUHBE' ED AS 1978- 4 THIS 28th DAY OF MARCH . 1978. ~~ d Clerk Reeve I R~ --~-""-:---""'''' -- ~. <' J r ,". _--,iÍ!w':~:.. -ij ~'. I :-..,~:...,.~~... v -...-. v~"~, - .........~.. <0 ::;: -..........:::,..~ .. ....... - ...-..: ..:.. -. ~ "" .. " : _.-:. ~ :....... I.... _ 0. _ ~ -.. '-- --~ '- - --... - - .... '':;'''- :::;.. ..... ,- /, ".. ~~ 'l -... ...... ~--~::-.: ". :.1..../ :~..... ...\:.-';;:._..... . .. '"'\..- .. ~ ~::"::-.. ~..':...--- - Y....::........ SCHEDULE "A" TO TIVERTON BY-LAvi 1978-4 WAGES Harold Phillips is to be paid an hourly wage of $5.)0 per hour while engaged in his duties enforcing the Tiverton Dog Con"rol By-Law and an hourly wage of $5.00 if required to appear in Sum~ary Conviction Court for the purposes of prosecuting or giving evidence pursuant to the said By-Law. ¡.¡ I LAG E Harold Phillips is to be paid $ .20 per mile while oþerating his motor vehicle for the purposes of enforcing the Tive~ton Dog Control By-Law. PAY¡·¡ENT Harold Phillips shall present an invoice for the mil age and wages incurred in his duties as By-Law Enforcement 0 ficer, to the Treasurer of the Village of Paisley for services ren ered each month and he shall be paid within two (2) weeks of renderi g such invoice. Paisley has the right to require proof to substantia e all invoices rendered if necessary to establish their validity. H œold Phillips shall itemize on the said invoice the wage allocated for duties on behalf of each of the municipalities referred to in aragraph 5 of the By-Law. AGREEl-lENT made this 9th day of Febru,ry, 1978 Ê E T if E E N: THE HUNICIPAL CORPORATION OF THE VILLAGE OF PAISLEY, THE VILLAGE OF LUCKliOW. THE VILLAGE OF RIPLEY, THE VILLAGE OF TARA, THE VILLAGE OF HEPWORTH, THE VILLAGE OF TEESWATER, THE VILLAGE OF TIVERTONJ THE TO\TI'SHIP OF HURON, Hereinafter called "THE ;,IUI"1CI< ALITIES" WHEREAS the municipalities have respectively passec similar "Dog Control" By-Laws. MiD WHEREAS the municipalities have expressed a de the same By-Law Enforcement officèr for the purpos their respective Dog Control By-Laws and for shari thereo f. ire to appoint of enforcing g the cost NOWTHEREFORE In Consideration of the sum of One Do lar (þ1.00) Paid by the municipalities to each other, andthe m' tual covenants contained herein, the Parties hereto agree as foll( ws: 1. The municipalities agree to pass respective Dog Control By-Laws modeled on the Village of Paisley By-Law No. 1973- 0 2. The municipalities agrèe to pass res ective By-Laws appointing Harold Phillips By~Law Enforcement Offi er for the purpose of enforcing their Dog Control By-Law, sai By-Laws to be the same for each municipality. 3. The municipalities agree to share th cost of the said By-Law Enforcement Officer as follows: (a) It is agreed that the cost beingshared s the total cost of employing the By-Law Enforcement Off cer, including salary, mileage and fringe benefits. (b) It is agreed that the salary and mileaß paid shall be the same for each municipality as set 0 t in their respective By-Laws. (c) It is agreed that the cost of employing the By-Law buforcement Officer shall be shared ~quùli by all the municipalities participating in this ag eement regardless of the time spent in anyone of the mun cipalities. I I (d) It is agreed that Paisley shall admin agreement and make all payments to th Officer in the manner provided in the keep all necessary books of accounts for such purposes. Lucknow. Ripley, Tara, Hepworth. Tees Huron also agree to pay to Paisley an 10 per cent of the total value of the the BY-Law Enforcement Officer. (i) This amount is to be complensati administering this agreement. (ii) This administration fee shall be (e) ster their By-Law Enforcement By-Law and shall d records required ater, Tiverton and amount equal to cost of employing n to Paisley for shared equally by ities participating the remaining seven (7) municipa in this agreement. 4. It is agreed that each municipality's shar of the cost of employing the By-Law Enforcement Officer and the administration fee, referred to above, shall be invoiced by Paisley 0 the other participat- ing municipalities within two (2) weeks of recei ing the By-Law Enforcement Officer's account and each municipal'ty shall be responsible to pay its share to Paisley within t 0 (2) weeks of receiving Paisley' s invoice. 5. Bach participating municipality shall have the right to inspect all books and records maintained by Pais ey with respect to the financial employment of the By-Law Enforc ment Officer. 6. This agreement shall be in force and shall bind all the parties from the date it is executed by all arties until any party give notice that it wishes to withdraw the agreement. 7. Notice of withdrawal shall be given to Paisley Clerk andthe withdrawing municipality shall be respon 'ble for all costs incurred under this agreement until such tice is delivered. 8. It is agreed by all Parties to this no municipality shall be responsible for any damag s which may result from the Enforcament of the BY-Laws of yother participating municipality and the responsible unicipality shall indemnify the others if they are called on to p y any damages on behalf of any other municipality. 9. It is agreed that any other municipality ithin the County of Bruce shall be able to apply for inclusion in t is agreement, and acceptance shall be by a simple majority of the participating municipalities with cost sharing to bÐ reduced roportionately. 10. Notwithstanding any other financial agree nts herein- before mentioned, each Party to this agreementshall be responsible for the direct expenses incurred in enforcing their own By-Laws. Without limiting the generality of the foregoing st temént. such expenses shall be the cost of purchasing tickets other forms necessary to commence the judicial process,all cos of prosecuting By-Laws in Court, including necessary legal advice d the fees of the Justice of the Peace who swears the informatio . 11. It is agreed that any fines imposed for the reach of a By-Law shall be the property of the Municipality p osecuting the offence, and it shall be responsible for the neces ary action and costs to collect such fines. 12. Each participating municipality agrees to fi e a certified copy of its "By-Law Enforcement Officer" By-Law an~ this agreement with the Clerk of the Village of Paisley and notwi hstanding Paragraph 6, this agreeMent shall not be binding 0 any municipality until all have complied with the terms herein. 13. It is agreed that Dogs apprehended in Riple_ Huron, Teeswater and Lucknow shall be lodged in the Dog Pound at Ki cardine and Dogs apprehended in Paisley, Tiverton, Tara and Hepwort in the Dog Pound at Port Elgin. Any Poundage fees responsibility of the municipality from which the shall be lodged hall be the direct og was apprehended. WITNESS the seals of the Parties hereto as a tested by their property officers on their behalf. THE MUNICIPAL CORPORATI 11 OF THE VILLAGE O? PAISLEY Per: Reeve Clerk THE MUNICIPAL CORPORATI 11 OF THE VILLAGE OF LUCKNOW Per: Reeve Clerk THE HUNICIP.ALCORPORATI ¡¡ OF THE VILLAGE OF RIPLEY Per: Reeve Clerk THE MUNICIPAL CORPORATIPN OF THE VILLAGE OF TARA Per: Reeve Clerk THE MUNICIPAL CORPORATI)N OF THE VILLAGE OF HEPNOliTH Per: Reeve Clerk 'J:'HE ¡.¡u¡;rCIPAL CORPORAT ON OF THE VILLAGE OF TEESwATER Per: Reeve Clerk THE HUJ;rCIPAL CORPORAT ON OF THE VILLAGE OF TIVERTON Per: éZ1~e d /P~ ~ ¿2¿¿ Clerk THE HUNICIPAL CORPORAT ON OF THE TOWI,SHIP OF HUEON Per: EIeeve Clerk ""'-'~'~""'--- - "'-'