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TOWN OE NEWCASTLE
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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
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Durham Regional olive orce
Li G 487
Oshawa (416) 579-1520
Toronto (416) 367-0478
Your File:-
Our File:-
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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:
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~``~eput~` Chief `~ : Edwards
Oper~.tions Branch
DE:sk
"A DECADE OF PROUD DEDICATION"
ADDRESS ALL CORRESPONDENCE TO THE CHIEF OF POLICE
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,:
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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
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I and keeping of dogs
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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
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NOW THEREFORE THE COUNCIL OF THE CORPORATI
ON OF THE TOWN OF
:, r NEWCASTLE HEREBY ENACTS AS FOLLOWS:
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'` ~ t. THAT Section 13(a) of By-law 87-156 Is hereby amended by the
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) deletion therefrom of the phrase:
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"or an officer of the Durham Regional
Police Force."
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By-law read a first and second time this
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i By-law read a third time and finally passe d this
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