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HomeMy WebLinkAbout2005-225 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- 225 Being a by-law to appoint a Manager of Municipal Law Enforcement, to delegate Council's authority to conduct hearings and to rule on appeals, as per section 104 of the Municipal Act, and to repeal By-law 91-158. WHEREAS Section 20 of The Police Services Act, R.S.O. 1990, c.P15, Section 15(1), authorizes a Council of any Municipality to appoint one or more by-law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Leonard Donald Creamer as Manager of Municipal Law Enforcement by by-law for the purposes of enforcing the by-laws of the Municipality of Clarington; and WHEREAS Section 5 of By-law 99-90 grants the authority for the Animal Services Officer to issue an Order to Restrain under certain circumstances, to the owner of a dog; and WHEREAS Section 105(1) of the Municipal Act, requires Council, upon request of the owner of the dog, to hold a hearing to determine whether or not to exempt an owner in whole or in part from the requirements detailed in an Order to Restrain; and WHEREAS Section 105(3) of the Municipal Act, grants the municipality the authority to delegate Council's powers under section 105 to an animal control officer of the municipality; NOW THEREFORE BE IT ENACTED: 1 . THAT Leonard Donald Creamer is hereby appointed as Manager of Municipal Law Enforcement for the purpose of exercising all the powers and performing all the duties of a municipal law enforcement officer in the enforcement of the by-laws of the Municipality of Clarington; 2. THAT the powers of Council to hold a hearing to determine whether or not to exempt the owner of the dog in whole or in part from the Order to Restrain, and the powers to render a ruling on such an appeal, are hereby delegated to the Manager of Municipal Law Enforcement; 3. THAT the Manager of Municipal Law Enforcement Officer is hereby appointed as an Animal Control Officer for the purpose of hearing Appeals relating to Orders to Restrain issued under By-law 99-90, as amended; and 4. THAT By-law 91-158 is hereby repealed. By-law read a first and second time this 28th day of November 2005. By-law read a third time and finally passed this 28th day of November 2005. (U"'I & I, 1 - .. _ -! h/ I (\.it }-_ John Mutton, Mayor "", ~ atf . Barrie, Municip~1 Clerk