Loading...
HomeMy WebLinkAboutKIN 92 097 Cat Control . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1992-97 A BY-LAW TO PROVIDE FOR THE REGULATION, IDENTIFICATION AND CONTROL OF CATS WHEREAS paragraphs 4 and 5 of Section 210 of the Municipal Act, R.S.O. 1990, c.M.45 provides that Council may pass by-Laws to regulate, and impound and identify animals other than dogs; AND WHEREAS section 20 of the Animals for Research Act R.S.O. 1989 c.A.22 provides for the impounding and sale or destruction of any cat pursuant to the provisions thereof. AND WHEREAS it is deemed desirable to identify cats in the Town in order to return cats for their owners when impounded. AND WHEREAS it is deemed desirable to control cats in the Town of Kincardine which disturbs the Town citizens. NOW THEREFORE the council for The Corporation of the Town of Kincardine ENACTS as follows: DEFINITIONS: 1. For the purposes of this By-Law: 1.1 At Larae shall mean to be found in a place other than the premises of the owner of the cat and not under the control of the owner of the cat or his or her representative. 1.2 Cat shall mean a feline over the age of six weeks of any breed of domesticated cat or crossbreed domesticated cat. 1.3 Control includes care and custody. Hiahwav shall mean a cornmon or public highway, street, avenue, parkway, driveway, square, place and bridge, designed and intended for or used by the general pUblic for the passage of vehicles. 1.5 MuniciDal ProDertv shall mean property owned by the Town other than a highway or public property. 1.4 By-Law No. 1992-97 Cat control By-Law Page 2 1.6 Owner of a cat includes a person who possesses or harbours a cat and, where the owner is a minor, the person responsible for the custody of the minor. . 1.7 PoundkeeDer shall mean Small Animal control Officer. 1.8 public Park shall mean a park, recreation area, recreation centre, playlot, playground, school ground, athletic field, square, avenue, boulevard, drive and any building thereon intended for, or used by, the general public. 1.9 Public Place includes a highway, public park and other municipal property. 1.10 Small Animal Control Officer shall mean a by-Law enforcement officer appointed by the Town Council as poundekeeper and designated as a Provincial Offences Officer. 1.11 Town shall mean The Corporation Af the Town of Kincardine. 1.12 Veterinarian shall mean a person registered under the Veterinarians Act. 2. The provisions of this By-Law with respect to identification of cats shall apply to cats three (3) months of age or older. 3. The owner of every cat shall within ten (10) days of his or her becoming such an owner cause it to be identified by any of the following means: 3.1 to be tattooed by a veterinarian, for which the veterinarian may charge a fee, with a number which such cat is then registered with the Town, in which case the owner shall produce to the Town a written certificate from the veterinarian setting out the name of the owner of the cat and the said tattoo number, or 3.2 to wear around its neck a collar securely fastened to which shall be attached a tag upon which shall be inscribed or otherwised marked the address or phone number of the owner of said cat, or . 3.3 to wear around its neck a collar securely fastened to which shall be attached a tag to be furnished by the Town upon which shall be inscribed the number under which such cat is registered. No person shall unlawfully remove a tag from a cat. 4. 5. No person who owns a cat shall cat to be at large without identified through any of the of this By-Law. allow the means or permit his or her cat being properly listed in section 3 7 6. 7. . 8. 9. 10. 11. The into By-Law No. 1992-97 Cat Control By-Law Page 3 Small Animal Control Officer may capture and take custody, any cat that is not properly identified. No person shall allow his or her cat to interfere with the property rights of others. The Small Animal Control Officer may capture and take into custody any cat, regardless of its identification being evident, that has interfered with the safety or enjoyment of another person's property. The Small Animal Control Officer shall unidentified cat for no more than seventy-two after which the cat will be disposed of in manner. impound an ( 72) hours a humane The Small Animal identified cat for for such an impound cat at a daily rate by-law. Control Officer may impound no more than one week and the shall be borne by the owner of established in the consolidated an costs said fee Every cat owner shall claim his or her cat within days of being notified excluding Saturdays, Sundays statutory holidays. ten and 12. Where a cat is not claimed by its owner in accordance with section 11 the cat may be sold forthwith or disposed of in a humane manner after one week of notification of the owner's of the cat being impounded. 13. Where a cat is injured before or after being taken into custody or in the opinion of a Veterinarian should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Small Animal Control Officer and the Veterinarian shall decide to destroy the cat in a humane manner as soon after capture or custody as the Small Animal Control Officer and the Veterinarian may determine without permitting any person to reclaim the cat or offering it for sale. 14. Prior to an identified cat being destroyed in accordance with this By-Law, the Small Animal Control Officer shall make a reasonable attempt to notify the owner of his or her cat's circumstance. 15. No person shall forceably retreive a cat from the Small Animal Control Officer or interfere with the capture of any cat by the Small Animal Control Officer. 16. No compensation, damages, fees or other sum shall be: . 16.1 Recoverable by a cat owner or other person; 16.2 Paid by the Small Animal Control Officer, Veterinarian or the Town; on account of, or by reason of: 16.3 capturing, taking into custody, or impounding a cat; or 16.4 selling, disposing of or destroying a cat in the course of the administration anf enforcement of this By-Law. 17. The word "OWner" and the words "he" or "his" where used in this By-Law in addition to its accepted meaning, shall mean and include the plural and whenever the masculine is contained herein it shall be construed as including the feminine. 18. By-Law No. 1992-97 Cat Control By-Law Page 4 Every p~rson who contravenes any provisions of by-law lS guilty of an offence and is subject to penalties as prescribed in the Provincial Offences R.S.O. 1990, c.P.33. this the Act, 19. This by-law shall come into full force and effect upon . its final passage. 20. This by-law may be cited as the "Cat control By-law" . READ a FIRST and SECOND time this 5th day of November, 1992. READ a THIRD time and FINALLY PASSED this 19th day of 1992. ~~~~ .