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HomeMy WebLinkAboutKIN 88 057 Amended by No.90 03 THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW NO. 1988 - 57 . A BY-LAW FOR PROVIDING FOR THE CONTROL, LICENSING AND REGISTRATION OF CATS WITHIN THE TOWN OF KINCARDINE. WHEREAS paragraph 4 of Sèction 210 of The Municipal Act, R.S.O. 1980, Chapter 302 provides as follows: 4. For prohibiting or regulating within any part of the municipality or within any def ined area thereof, or upon any defined highways therein, the being at large or trespassing of animals, other than dogs, 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 WHEREAS it is intended to control cats in the Town; NOW THEREFORE the Council of The Corporation of the Town of Kincardine enacts as follows: PART I DEFINITIONS: 1. a) "be at large" means to be found on private property other than the premises of the owner of the cat and not under the control of any person; b) "small animal control officer" means an animal control officer appointed as poundkeeper and designated as a Provincial Offenses Officer; c) "cat" means a feline over the age of six weeks of any breed of domesticated cat or cross-breed domesticated cat; d) "town" means The Corporation of the Town of Kincardine; e) "control" includes care and custody; f) "veterinarian" means a person registered under The veterinarians Act. PART II LICENSING AND REGULATION OF CATS: 1. Every owner or harbourer of a cat in the Town of Kincardine shall within one week after the cat comes into his possession cause such a cat to be licensed and registered in the office of the clerk of the municipality for the period which will expire on the last day of December and shall thereafter annually on or before the fifteenth day of Febr uary in each year cause such cat to be again licensed and registered for one year from the first day of January and shall at the time of licensing and registration pay the license fee applicable thereto, which is hereby imposed upon such owner as follows: . For each spayed female cat or neutered male cat with certificate of verification ........................ $ 5.00 For each female cat not spayed or each male cat not neutered, or without a certificate of verification.. $10.00 . . Page 2 1988 - 57 Provided that where the owner expiration of six months of the only one-half of the license fee. acquired the cat after year, he shall be charged 2. a) Any owner not procuring a license for his/her cat on or before the fifteenth day of February in each year shall have a Violation Notice mailed to him/her by registered mail to his/her last known place of residence or served personally on him or her. b) Any person issued a Violation Notice under the provisions of Part II, of this by-law for an alleged contravention, may within 48 hours after the date of issuance thereon voluntarily pay to the small animal control officer or such other person designated by the Council of the municipality to receive such payment, the sum of $30.00 (thirty dollars). c) This payment shall be received as the payment of a penalty in full satisfaction with respect to the alleged offence and a receipt therefore shall be issued to the person making payment. d) The owner shall also at this time purchase the required number of licenses. 3. a) On payment of the license fee referred to in Section 1, the Owner shall be furnished with a cat tag and paper license for each cat so licensed and registered at a cost of one dollar ($l.OO) per tag. b) The owner shall keep the current tag securely fixed on the cat at all times during the year. c) The tag shall bear a serial number and the year for which it was issued and a record shall be kept by the clerk or other officer designated for that purpose, showing the name and address of the owner and ser ial number of the tag. d) No person shall use a tag upon a cat other than the cat for which such tag was issued. e) No license or registration shall be transferrable and the license and registration referred to in Section 1 of Part II shall expire and become void upon the sale, death or otherwise disposal of the cat to which such license and registration relates. 4. A cat, if found, whether on or off the property upon which is is habitually kept, without a tag, may be impounded in the pound. A cat so impounded, shall be held for a per iod of not less than THREE (3) days exclusive of Saturday, Sunday and public holidays unless previously claimed by the owners thereof, and if not claimed by and released to the owner thereof within such period of time may then be sold at the discretion of the small animal control officer. If the cat is claimed, the owner thereof shall pay the small animal control officer or other designated officer the sum of $30.00 (thirty dollars). This payment shall be received as the payment of a penalty in full satisfaction with respect to the alleged offence and a receipt therefore shall be issued to the person making payment, the owner shall also at this time purchase the required number of licenses. Page 3 1988-57 5. a) Any owner not procuring a license for his cat on or before the fifteenth day of February in each year is guilty of an offence and is liable to a fine of $30.00 for each offence. . b) Any person: i) who has been convicted of an offence under Part II, Section 2, Subsection (a), or under Part II, Section 4 of this by-law; or ii) who has otherwise paid the fine specified under Part II, Section 2, Subsection (b) or under this Section of this by-law; and iii) who continues in failing to procure a license for the same cat is guilty of an offence and is liable to a fine of $50.00 for each such offence. c) All penalties in this part are recoverable under the provisions of the Provincial Offences Act, R.S.O. 1980, Chapter 400 and are in addition to any penalties imposed under any other parts of this by-law. PART III RUNNING AT LARGE OF CATS 1. The running at large of cats on private property, other than the owner's, is prohibited within the municipality. 2. For the purpose of this part, a cat shall be deemed to be running at large when found on private property other than the premises of the owner of the cat and not under the control of any person. 3. Any person may trap a cat which is found on his or her private property by obtaining such a trap from the small animal control officer. Such person shall pay a deposit of $10.00 (ten dollars) for the trap, which shall be refunded when the trap is returned to the small animal control officer in satisfactory condition. Any person who has secured a cat running at large in the trap so provided shall contact the small animal control officer, who shall seize the cat from such person. 4. (a) A cat so trapped under section (3) above may be seized and impounded in the pound; a cat so impounded shall be held for a period of not less than THREE (3) days exclusive of Saturday, Sunday and public holidays, and if not claimed by and released to the owner thereof within such period of time, may then be sold at the discretion of the small animal control officer except where a cat so trapped has been injured to the extent that a veterinarian is of the opinion that such cat should be destroyed forthwith, the small animal control officer may authorize such veterinarian to destroy such cat immediately. The cost of destroying any cat shall be borne by the owner. . (b) The owner of a cat so seized or impounded under Part III of this by-law is guilty of an offence and shall receive a VIOLATION NOTICE and be subject to a penalty of, in the case of a cat running at large with a tag, $10.00 (ten dollars), in the case of a cat running at large without a tag, $30.00 (thirty dollars). Second and subsequent offences to the same owner under Part III, Section 3 shall be subject to a fine of $50.00 (fifty dollars). These fines are in addition to those imposed under Part II of this by- law. . . Page 4 1988-57 5. (a) If the owner or guardian of an impounded cat can be identified, said owner shall be notified b~ the small animal control orficer, such notification shaTl be sufficiently given if sent by first class mail (prepaid) to the last known place of residence of said owner. If the cat is not claimed within three (3) days exclusive of Saturday, Sunday and public holidays and said cat may be sola at the discretion of the small animal control officer. The small animals which may be destroyed under the provisions of this by-law shall be those seized or impounded by the small animal control officer, POlice, or any other person designated by Council. The provisions of this by-law shall be enforced by the small animal control officer, and the Police Department of the Town of Kincardine. 6. 7. PART IV 1. That this by-law shall come into full force and effect on January 1, 1989. 2. The short title for this by-law shall be the "Cat Control and Licensing By-law". READ a FIRST and SECOND time this 18th day of August, 1988. ~~~ Ma or ~<-<-~ Deputy-Clerk READ a THIRD TIME and FINALLY PASSED this 1st day of September 1988. , ~~~ Mayo