HomeMy WebLinkAboutTWP 66 678 Running at Lrg Anima
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I¥IU1fI;CIPA1,I'rY {IF'I'HETOWNSHIP OF K A.RDINE
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WHJï;REAS Section 379 (1), paragraph 3 t 6 bOth inolusi ve
'Of~~t:.1J"iðìp8.I.,A,dt, Ih¡nO., 1960, Chapter 249, pr vides as follows:
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:,.t·:" ]. ForÞj:oQ.:rid$:~g'¡s1iiffìcient yarde and enclosJU'es for the safe
'keeping ôf.st1ch @.imala as it may be he duty of the pound-
keeper to impound.
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4.. For prohibiting or regulating with n any part of the
municipality or within any defined ar a thereof, or upon any
defined highways therein, the running at large or trespassing
of ani~als, other than dogs, and for roviding for impounding
. them and <før, ,causing them to be sold, if they are not claimed
within~reâ"na»e time or if the d ages, fines and expenses
are notp$ii;CÎ, according to law.
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5. For'â:pp~sing the damages to be p
animalsimp~und.dfor trespassing, co
'by-laws Of'Jhe municipality.
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id by the owners of
trary to law or the
6. For determining the compensation t
servic:es1':'endered in carrying out the
with respect to animals impounded or
in the possession .of the distrainer.
(a) Any by-law passed Vy the c uncil of a town, village
or township under paragrap s 3 to 6 applies to any
county highways or part th reof situate within
'<such town, village or town hip.
be allowed for
provisioná of any Act
istrained .and detained
AJlD m_fSection 1 of The Pounds
t,:R..S.O.,. 1960.
Chapter 299 provides ail follows:
1. Except'~o far as varied by any by law påssed under
paragraphs 3 to 6 of subsection 1 of seotion 379 of The.
Municipal Act, thi s Act is in force' every city, town
township and village in Ontario.
AND WHEREAS it has been deemed neces ary by the Council of
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the' Municipality to prohibit the running at la.rge f animals wi1;hin any
Påï'tof the TownshiP.
NOW THEREFORE the Council of the To
htÚ'eJtý enacts as follows:
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The running at large or trespassing f animals, other than
If highway wi.1;,\:liA~,the
dogs, within any part of the municipality or upon
.
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11I:~:i'.e:i:pali ty is proì¡.ib1têd.
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2. "
A:nysuchanimal referred to paragrap 1 SÒ I'unning at large
or trespassing may be impounded and may be sold wi hin a period of three
dajs'rromthe date of notification by the poundkee er to the owner or if
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·t~f.i'4irmages, fin Its !U'J.dexpënsèshereinafter set fo th are no1; paid.
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,:1:' Theèxpens~ÎI for caring for each ani 1 so impounded shall
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b"t~e follodng rate for each day 01" pa.1>t thereot dtiring which the animå,lr
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is', i:~óunded.
Horse
Pig
Sheep
or cattle bea.st $.50,
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or goose $.75
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PAGE 2
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Inadd:ìj;:I.¡¡rïtodhe aþo~, charges the owner or harbourer of
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&nJ'.;~illia.I'~C1~ll'!i tQ. t~tloundf.or ,running at lar e or trespassing shall
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pay to the poundkeeper the following sums which sh 11 be paid by Council
to the ratepayer which delivers the said animal to the pound:
$1.00 for each horse or cattle beast
.50 for each sheep, goose or pig
$1.00 for âny bUll, ram, entire hors or boar
5.
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In addition to the çharges set out i paragraph 4 of this
by-law any owner or harbourer of any bull, ram, e or boar
which runs at large or trespasses is liable to a ine of $4.00 for the
first offence with respect to each animal and to of $8.00 for
eäch subsequent offence with respect to each anim
6. ~&::!e~\~~ll provide sufficient ya
and enclosures for
the lafekèeping of such animals as it may be the
. to impound.
the poundkeeper
1'.
ÏhepoUndkeepers shall pay over *0 ouncil e~ch month
all monies received by them for impounding, fìnes and e:x;;penses.
8.
Ïhis by-law shall apply to any coun y highway or part there-
of situate within the said Township.
9.
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By-IawsNo~'J2 and 524 are and the aDle are hereby repealed.
:t'l$Á1)a FIRST and baOND tilDe this .2(Jday of June, A.D. 1966
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:aEÂD a TJURD time and FINALLY PASSED this .zOaay of June, A.D. 1966
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MALCCMSCN, CLARK & CAMPBELL
BARRISTERS & SDlICITDRS
RUBY M. OAMP8ELL, II.A., LL. B.
The Clerk,
Township of
R.R. 4,
Kincardine,
Kincardine,
Ontario.
Dear Mr. Reynolds:-
Re: By-laws
I enclose herewith By-law with Þespect to
hi biting of animals tunning at large in the To
also enclose herewith By-law with respect to~t
gravel.
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TIILEfIIHONE &&
K NCARDINE, ONTARID
June 6, 1966.
the pro-
ship. I
e obtaining of
With respect to the first mentioned by-l and by
comparison with $pur by-law number 32 and by- aw number 524
in sofar as that by-law in fact deals with the running at large
of animals I would point out that it is not necessary to appoint
your poundkeepers by by-law but simply by res lution and I would
auggest that this be done by resolution rathe than by by-law
since by-laws are designed to deal with matte s of a more
permanent nature than the appointment of a pe son whose term of
years of office may be very short. Similarly the salary of
poundkeepers should not go in the by-law but hould be by
resolution because once again these are or ma be of a temporary
nature.
You will note that except where varied b
Pounds Act applies and where its provisions w
there was no necessity to reprovide for these
by-law.
With respect to the by-law for the acqui
you will note from a reading of the sections
has no jurisdiction to fix the price paid per
may of course instruct its road superintend
to enter into a contract by himself since it
which enters into the contract or may refuse
contract at an amount in excess of .10' per y
.05ø per yard for clay but this forms no part
extent to which Council can go in enacting a
to the acquisition of gravel is simply as set
by-law the
re satisfactdlry
matters in the
ition of gravel
hat the municipality
yard. The Council
that he is not
s really the Council
o enter into a
rd for gravel and
of a by-law. The
y-law with Þespect
out in par~raph 7
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The Clerk,
Township of Kincardine
an~ 8 of Section 469 of The Municipal Act which I have ~uoted in
the by-law.
~ith respect to your re~uest for a by-law ha ing to do with
fences, I re~uire before drawing this by-law furt er information.
It appears to me that we are concerned with two k'nds of fences:
those whic~ay be described as division fences-th t is a fence
which divides the property of one man from that 0 another; secondly,
fences along ~ighw~s. As you are aware without he passing of
a by-law the tine ~en~es Act provides for the arb'tration of the
cost of division fences where the parties cannot gree on how
this cost should be divided e~ually. It is my vi w that it was
your inten~on that tine /ènces Act should apply nd therefore
Section ]7~} paragraph 20 is not applicable and he by-law need
make known provision for the a~portioning of the ost of division
fences; I need to know what provision if any you 'ntend to make
in the way of compensation for increased expenses if any to persons
required to maintain, keep up or lay down any fen e along the
highway. I need to know alSG whether hieght and he description
of the fence along a highway is to be the same as is described in
paragraph 18 as a lawful fence. I also neèd to k ow whether the
provisions of the ~ne $ënces Act are intended to apply to unocc-
upied as well as to occupied land within the Town hip because if
this is so the Township must pass a by-law statin this fact and
must send a true copy of that by-law to the Depar ment of Municipal
Affairs. This would be a separate and distinct b, -law from the
one which you have now re~uested me to prepare.
.
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I find your definition of your provisions wi
w're fences confusing. I do not understand the m
or wooden stays", secondly, I do not understand t
"all wire fences patented by the government shall
Are all wire fences patented by the government fo
feet in height? Are all wire fences patented by
woven and spaced in accordance with your provisio
your by-law number 32? You will note further tha
one of by-law number 32 you state that all fences
less than four and one-half feet high and yet wit
fences you state that they shall be not less than
You will alss not that you have made provision fo
of fence than wire and yet I would be rather sure
the Township there must still be rail fences and
wooden fences. Would you please advise me as to
which shoulf be inserted in this by-law with resp
fences.
h respect to
aning of "iron
e meaning of
be lawful:Lfence s".
r and one-half
he government
s set out in
in paragraph
shall not be
respect to wire
four feet high.
no other kind
that throughout
ther types of
he provisions
ct to these
I can find no provision which re~uires that ence viewers
need be appointed by by-law and similarly as with respect to pound
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The Clerk,
Township of Kincardine
keepers since they are officials who may be ch ged from time
to time I would suggest that they be appointed 'nstead by
resolution.
.j)f the Twnship
I have discussed with the ClerkAoy ~elep onw as to
whether or not the other matters dealt with in by-law number
32 having to do with indecent writings, pictures, etc., in
public places and having to do with paragraphs 8 and 9 with
respect to any obstruction placed by any perso on a public
highway and with respect to any obstruction ca sed to a water
course and I have been advised by him that to is knowledge
none of these items have created any difficult'es for the
municipality. If this is the case I would sug est that the
enacting of such by-laws be deferred until it ecomes evident
that they are necessary.
I have also requested of the Clerk and
your Council that in future when you wish me t
you Pass a resolution requesting that for exam
a by-law for the prohibiting of the running at
within the municipality. Since I do not atten
meetings I am unaware of the particular proble
rise to the need for the particular by-law in
and it would be most helpful to me if prior to
by-law I could be made so aware. I have sugge
to your Clerk that in each instance he write a
me stating that at such and such a meeting of
ution was passed instructing me to draw a cert
then if he would go on to explain the situatio
the need for this by-law it would be most help
Yours very truly,
request of
draw a by-law
Ie I draw
large of animals
yo1tlr Còunèil
which gives
a:g.y instances
preparing the
ted therefore
short letter to
ouncil a resol-
in by-law and
which created
ul.
MALCOMSON, CLARK & CAMPBELL
Per: R.4. ~
RMC/sb
Encl.