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HomeMy WebLinkAboutCD-71-87,.,~ ....,.~~~, w,,~„ n .~ . TOWN OE NEWCASTLE _,~--~.° ~ ~ 1 ~~~ REPORT File # .~~.,,~~. 4.~: Res. # By-Law # I~TING; GENERAL PURPOSE & ADMINISTRATION COMMITTEE DATE: NOVEMBER 16, 1987 T #: CD-71-87 FILE #: 56.12.2. SUD.IECT: REQUEST BY DURHAM REGIONAL POLICE FOR AN AMENDMENT TO SECTION 13(a) OF BY-LAW 87-156 "A BY-LAW TO PROVIDE FOR THE LICENSING, REGULATING AND KEEPING OF DOGS" RECOMMENDATIONS: It is respectfully recommended that the General Purpose & Administration Committee recommend to Council the following: 1. That Clerk's Report CD-71-87 be received; and 2. That the request by Durham Regional Police for an amendment to Section 13(a) of By-law 87-156 be approved; and 3. That the amending By-law attached to this report deleting the phrase "or an officer of the Durham Regional Police Force" from Section 13(a) of By-law 87-156, be approved by the General Purpose and Administration Committee, and recommended to Council for passage; and ~. That the Durham Regional Police Force be advised of the actions taken. BACKGROUND AND COMMENT: By-law 87-156 entitled "a By-law to Provide for the Licensing, Regulating and Keeping of Dogs" was enacted by Council on September 28th 1987. As part of the enforcement group who are, from time-to-time involved in dog related incidents, a copy of the by-law was forwarded to the Durham Regional Police Department for their information. Continued ...../2 Report CD-71-87 - 2 - fdovember 16, 1987 Subsequently, on October 21st 1987, a letter was received from Deputy Chief Edwards, requesting that the reference to the Durham Regional Police contained in Section 13(a) be deleted as "being inappropriate, ... since the Force has no equipment or facilities to impound a dog" and, the section as it is written "could pose future problems" for members of the Force. Section 13(a) reads in part: "Any dog found running at large, contrary to the provisions of this by-law, shall be seized by an Animal Control Officer or an Officer of the Durham Regional Police Force and taken to the Animal Control Shelter ... ." The Police Force was included as an enforcement agency because members of the department have on occasion, been involved in the capture, confinement or destruction of dogs in situations where the Animal Control Officers of the Town of Newcastle were not available to act. The predecessor by-law to 87-156 namely By-law 78-41, contained a less specific reference to enforcement by others. By-law 78-41 provided in Section 4(ii) as follows: "Any person shall be entitled to-=take charge of any dog found running at large and shall deliver the same to the Dog Control Officer." A brief review of by-laws from other municipalities established that one out of four specified the Police Department. In the drafting of By-law 87-156, I chose to be specific and identify the Police Force as an enforcing agency, because of their role in occasionally investigating animal/dog related complaints. If, as Deputy Chief Edwards suggests his department would prefer not to be named,-.then an amendment to the by-law deleting the reference would be in order. The department will as part of its normal role, continue to respond in emergency situations. It is, therefore, recommended that Section 13(a) to By-law 87-156 be amended by the deletion of the phrase "or an Officer of the Durham Regional Police Force" therefrom and the General Purpose and Administration Committee is respectfully requested to recommend the amending by-law attached to this report to Council for passage. Continued ...../3 Report CD-71-87 -3- November 16, 1987 Respectfully submitted, Recommended for Presentation to Committee Davi a es, .,A. ., ., Lawrence E ' tse .I.P., Town Clerk. Chief Adm' i trative Officer. DWO/ms Attachment. JON M. JENKINS - CHIEF OF POLICE - D.J. EDWARDS DEPUTY CHIEF OPERATIONS BRANCH GERALD ROBINSON DEPUTY CHIEF ADMINISTRATION BRANCH ~. • ~ r 77 CENTRE ST. NORTH _ ~ OSHAWA, ONTARIO ~~~ ~'y Durham Regional olive orce Li G 487 Oshawa (416) 579-1520 Toronto (416) 367-0478 Your File:- Our File:- lo'i~ ... ~, _, Re: Town of Newcastle By-Law 87-156-- "A By-Law to Provide for the Licensing, Regulating & Keeping of Dogs." Your File: 56.12.2 Thank you for the certified Copy of the above named by-law. After reading over the contents of this by-law, the only area of concern that this Force has is contained in Section 13 (a) which states that an Animal Control Officer or an officer of the Durham Regional Police Force is responsible for any dog running at.large. It is respect- fully requested. that the wording "ari officer of the Durham Regional Police Force" be deleted from this section as being inappropriate. This Force has no equipment or facilities to impound a dog, and should this amendment be rejected it could pose future ,problems for our officers. Yours truly, October 21, 1987 David W. Oakes, B.A., A. M. C. T., C.M.O. Town Clerk Corporation of the Town of Newcastle 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Sir: /~~ ~~ -~ ~. ~ 1 ,` Y V ~``~eput~` Chief `~ : Edwards Oper~.tions Branch DE:sk "A DECADE OF PROUD DEDICATION" ADDRESS ALL CORRESPONDENCE TO THE CHIEF OF POLICE ': ;: ,: ~ ~ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 87- being a by-law to amend By-law 87-156 entitled ' a by-law to provide for the li censing, regulating ~ ` I and keeping of dogs 7; .' ~ ~~ WHEREAS the Council of the Corporation of the Town of Newcastle ``~I~' i deems it advisable to amend By-law 87-156 of the Corporation of • the Town of Newcastle `.,,~ I NOW THEREFORE THE COUNCIL OF THE CORPORATI ON OF THE TOWN OF :, r NEWCASTLE HEREBY ENACTS AS FOLLOWS: ati ti ,`}: '` ~ t. THAT Section 13(a) of By-law 87-156 Is hereby amended by the '1"~21t";~~' •; ) deletion therefrom of the phrase: r :;,, '`+" ` "or an officer of the Durham Regional Police Force." ~ ~~~ ~,. ' f; I' :~ By-law read a first and second time this ,,~ r Il 4 i By-law read a third time and finally passe d this ;'; ayor ~;^ `I•; • •~t . ': af;:. -Clei^~ - ::`i,?; ., ~.; ,~ :- , ti; ,~;. ;a,: ;,;, j: f,; ` »~% ~'' ~,._ S' Y ! l t 1 S ~: ' ~ ~ l ti ~ ~ t{t t ttlt~ s ( 1' ~ l1, S 1 ( ~~ NCI J~lj~ tt ~~y't ~, ~ 1,.,.. tt.,. ~>Z; ,~t '; 1; ~~ ~ ~.; `. ~ , ~t ti, , ySgti(r~i? ,,,t ~' uY , , , , + , / ~t ~ .j ~ ltfit~~iflt~,i , v ~„ t