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HomeMy WebLinkAboutTWP 66 678 Running at Lrg Anima .... .... ,,'" "' ".,' ~t . ,~ .... -','. . -', . .- - ;:,.- . ...e·: :.!t."" ".-.,iJI/III/I!"7.' -~ .. ~':" -. ;.",4"-,' .",~:,,,t%;\,,,, , . I¥IU1fI;CIPA1,I'rY {IF'I'HETOWNSHIP OF K A.RDINE ",>',' '",,'," ~':'7?" "....:,7'"..w~" ,,' ¥"':: ¡~.::::'_"-'_'_:"i""'" . ~__ :.' ,:;..J"t:~_~\~ '",,: "~41;" ~ , ~, - . --WJ!'c::-:;"''>'' 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: ,"',\ :,.t·:" ]. ForÞj:oQ.:rid$:~g'¡s1iiffìcient yarde and enclosJU'es for the safe 'keeping ôf.st1ch @.imala as it may be he duty of the pound- keeper to impound. {f'~ 4.. For prohibiting or regulating with n any part of the municipality or within any defined ar a thereof, or upon any defined highways therein, the running at large or trespassing of ani~als, other than dogs, and for roviding for impounding . them and <før, ,causing them to be sold, if they are not claimed within~reâ"na»e time or if the d ages, fines and expenses are notp$ii;CÎ, according to law. ~;'.' '~.' ... - 5. For'â:pp~sing the damages to be p animalsimp~und.dfor trespassing, co 'by-laws Of'Jhe municipality. -J;," 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 .\ 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: 1 .; . , 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 . '-'. -: ~. 11I:~:i'.e:i:pali ty is proì¡.ib1têd. ,- ,.,- .;'« ,'" .. 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 ~- -..;i ·t~f.i'4irmages, fin Its !U'J.dexpënsèshereinafter set fo th are no1; paid. , , ,:1:' Theèxpens~ÎI for caring for each ani 1 so impounded shall .......',y...,~ b"t~e follodng rate for each day 01" pa.1>t thereot dtiring which the animå,lr 'i::,:'o!.}t" is', i:~óunded. Horse Pig Sheep or cattle bea.st $.50, ....' Sl.oo or goose $.75 '~P'fi ,(,.... l w -,,-. ",,~o/ .'- Jj . PAGE 2 . ,.~ Inadd:ìj;:I.¡¡rïtodhe aþo~, charges the owner or harbourer of . , . ,-' . :;._::::>;, ,...,"" ""',':::', ',', ,'-_> ;:_~'";. Þ" &nJ'.;~illia.I'~C1~ll'!i tQ. t~tloundf.or ,running at lar e or trespassing shall ';h 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. .' 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 $8.00 for eäch subsequent offence with respect to each anim 6. ~&::!e~\~~ll provide sufficient ya and enclosures for the lafekèeping of such animals as it may be the . to impound. the poundkeeper 1'. ÏhepoUndkeepers shall pay over *0 ouncil e~ch month all monies received by them for impounding, fìnes and e:x;;penses. 8. Ïhis by-law shall apply to any coun y highway or part there- of situate within the said Township. 9. " By-IawsNo~'J2 and 524 are and the aDle are hereby repealed. :t'l$Á1)a FIRST and baOND tilDe this .2(Jday of June, A.D. 1966 e 'fL~ ';{/i'-:-· <,~;:y-" :aEÂD a TJURD time and FINALLY PASSED this .zOaay of June, A.D. 1966 <. ......,.,.., .,.,.,. --- ? "J' ,'~ '" ,,~ ..~_\.--.... V ..., '" " ..... ~ " ,-',", .; , . ",",~ ' . "- .> -~.... ..:.. ~- ~ "'-./", ......~; '*"4 ...... ,-....... ::'''', -'\ .- -... ,.,. \'..... '/ ~~ ......'V.. ~....,._. .,..., ~-!~~,-~ -.;. -;,... !..f.---r46 · · · . 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. . 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 ......2 --,~.ð- ... . 2 . 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. . . . 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 . .. .. . .J ___,I/fI'- - , · · · . 3 . 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.