The Municipality of the Village of Burk’s Falls
By-Law No. 19-2004
Being a by-law to regulate and control
cats in the Village of Burk’s Falls
Whereas paragraph 1 of Section 103 of the Municipal Act, S.O. 2001, C.25 enables the Council to pass by-laws regulating or prohibiting with respect to the being at large or trespassing of animals.
And Whereas the Council
for the Village of Burk’s Falls intends to control cats in the municipality by
implementing a Cat By-law.
And that this by-law will require owners to identify their domestic by obtaining tags and charging such fees as set out in the by-law respecting identification.
NOW, THEREFORE, THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF BURK’S FALLS ENACTS AS FOLLOWS:
DEFINITIONS:
1. In this By-law:
a) “at large” means to be found in any place other that the premises of the owner
of the cat and not under the control of any person in such a manner as to prevent
escape;
b) “by-law enforcement officer” means an animal control officer appointed as
poundkeeper and designated as a Provincial Offences Officer;
c) “cat” means a feline over the age of six months of any breed of domesticated cat or crossbreed domesticated cat;
d) “Village” means the Corporation of the Village of Burk’s Falls.
e) “control” includes care and custody;
f) “Animal Control Shelter” means the Almaguin Animal Control Shelter.
g) “owner” includes a person who registered as the owner, has legal title to, possesses, harbours or somebody who regularly feeds a cat and who is eighteen years of age or over and “owns” has a corresponding meaning.
h) “veterinarian” means a person registered under the Veterinarians Act, RSO 1990, C. V-3 as amended.
CAT IDENTIFICATION:
2. Every owner of a cat shall place on his or her cat:
a) a non-breakaway collar on which is permanently affixed a current municipal cat tag; or
b) a breakaway collar on which is permanently affixed a current municipal cat tag but only if said cat is identifiable by microchip technology.
CAT AT LARGE
3. a) No owner of a cat shall allow or permit the cat to be at large.
b) Every owner of a cat shall prevent his or her cat from being at large.
c) No person shall suffer, allow or permit a cat under his or her control or of which he or she is the owner to trespass on private property unless permission for said trespass is first obtained from the property owner or occupier.
MUNICIPAL TAG
4. Every cat owner shall register the cat by submitting his or her name and current address with the Village of Burk’s Falls Municipal Office and purchase a numbered tag to attach to the collar as set out in Schedule “A” of this by-law. Replacement fee for a lost tag shall be as prescribed in Schedule “A”. The Municipal Tag shall be taken out annually on or before the 15th day of February and shall expire on the 31st of December of that year.
CAPTURE OF CATS
5. A By-law enforcement officer may take into custody a cat which has been otherwise confined:
a) that is at large;
b) that is trespassing on a public place, or
c. that is trespassing on private property, upon request of the owner or occupier
of the property or his or her representative.
IMPOUNDING
6. Where the cat is picked up, it will be taken to the Almaguin Animal Shelter by the by-law enforcement officer.
EXPENSES:
7. Where the cat is impounded, the owner shall pay for each cat the following expenses to the Almaguin Animal Shelter:
a) $30.00 to impound the cat;
b) $ 5.00 per day for each day following the day the cat is impounded; and
c) any and all additional costs incurred by the Almaguin Animal Shelter for the
cat including veterinary fees.
CLAIMING A CAT:
8. a) every cat owner shall claim the cat within five days of the day on which the cat was impounded, including the day of impounding, but excluding statutory holidays;
b) Where a cat is not claimed by its owner in accordance with subsection 8(a), the cat may be sold or placed in a suitable home forthwith or disposed of or euthanized in a humane manner.
9. Where a cat is injured or after being taken into custody or in the opinion of the Animal Shelter should be destroyed without delay for humane reasons, or for reasons of safety to persons or animals, the By-law Enforcement Officer or other officer may euthanize the cat is a humane manner as soon after capture or custody as he or she may determine without permitting any person to reclaim the cat or without offering for sale.
RETURN OF CATS:
10. The Animal Shelter shall not return a cat before payment in full of all expenses incurred in accordance with Section 7.
NO COMPENSATION:
11. No compensation, damages, fees or other sum shall be:
a) recoverable by a cat owner or other person; or
b) paid by the Animal Shelter or account of, or by reason of,
i) capturing, taking into custody or impounding a cat; or
ii) selling, disposing of or euthanizing a cat;
in the course of the administration and enforcement of this by-law.
DEFECATION
12. a) No owner of a cat and no person who has control of a cat shall suffer, allow, or permit the cat to defecate or urinate in or on;
i) public property; or
ii) private property, without the express consent of the owner or occupier of the said property.
b) Should a cat defecate in a manner referred to in subsection (1), the owner of the cat or other person in control of the cat, shall immediately and without delay, remove the excrement and provide for its sanitary disposal.
OFFENCES:
13. Where a By-law Enforcement Officer believes that one or more persons has committed an offence under this by-law, the officer may issue an offence notice or summons in accordance with Section 3 of the Provincial Offence Act RSO, 1990, Chapter P-33 as amended.
14. Every person who contravenes any provision of this by-law is guilty of an offence and on conviction, liable to a fine as provided for in the Provincial Offences Act.
AS READ A FIRST AND SECOND TIME THIS 27th DAY OF JULY 2004
AS READ A THIRD TIME AND FINALLY PASSED IN OPEN COUNCIL THIS
27th DAY OF JULY 2004
_____________________________
REEVE, RON RUSSELL
SEAL _____________________________
CLERK/TREASURER
JARVIS W. OSBORNE
SCHEDULE “A”
OF BY-LAW 19-2004 CAT BY-LAW
SCHEDULE OF FEES FOR CAT TAGS:
1 ST CAT $ 10.00
( SPAYED OR NEUTERED) $8.00
2 ND CAT $15.00
REPLACEMENT TAGS $5.00 PER CAT