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HomeMy WebLinkAboutCD-12-89 TOWN OF NEWCASTLE REPORT File # Res. # By-Law # STING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: MAY 15, 1989 REPORT #: M712-89 FILE #: SUB.ECT: LIVESTOCK CLAIM - FERRUCCIO BIANCO RECOMMENDATIONS: 1. THAT Report CD-12-89 be received; 2. THAT the claim of $98.00, submitted by Mr. Ferruccio Bianco, under Section 11(4) of the Dog Licensing and Livestock Act be approved; and 3. THAT Mr. Ferruccio Bianco be so advised. BACKGROUND AND COMMENT: On May 4, 1989, Mr. Sydney Worden, Livestock Valuer for the Town of Newcastle, filed a .livestock claim on behalf of Ferruccio Bianco (in the Clerk's Department) . The claim, totalling $98.00, is for 14 hens which were killed by raccoons on May 2, 1989. Continued . . . ../2 -601 Report CD-12-89 - 2 - May 15, 1989 Pursuant to the Dog Licensing and Livestock Act, Section 10(1) , the local municipality in which the killing or injuring of livestock or poultry occurs, is liable to the owner of the livestock or poultry for the amount of damage, if such damage is caused by dogs or wolves. Where such damage is caused by other wild animals, Section 10(3) of the Act states that a Council of a Municipality may pass a by-law providing that where livestock or poultry are killed or injured by wild animals other than wolves, the municipality would be liable to the owner for the amount of damage, however, the by-law may fix the maximum amount payable. Section 11(4) of the Act states that where the valuer finds evidence that to the best of his knowledge and belief any of the livestock or poultry was not killed or injured by a dog or wolf, the valuer shall include such finding in his report to the Clerk of the local municipality and to the owner of the livestock or poultry, and the Council may deny liability in whole or in part. In the subject claim, damage to 14 hens was caused by raccoons. The Town has not passed a by-law under Section 10(3) of the Dog Licensing and Livestock Act, therefore, Council must determine whether the $98.00 claim will be paid to Mr. Bianco. Respectfully submitted, Recommended for Presentation to Committee 1 - Pa4iL arzi , A.M.C.T. (A) Z rence Kotseff, M.C.I.P. Tq�n alerk. Chief A i 'strative Officer. 602