Town of Bishop's Falls Dog and Cat Regulations, 2010 (Regulations Manual)
Bishop's Falls, Newfoundland and Labrador
· adopted 2010-04-20
· summary & facts
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Town of Bishop's Falls
Regulations Manual
Updated March 20, 2024
2
Table of Contents
Regulation
Page Number
Animal Control Regulations 2010
4
Anti-Litter Regulations 2010
7
Building Construction Regulations 2014
11
Dog and Cat Regulations 2010
13
Fence Regulations
18
Economic Development Tax Incentive Regulations 2011
20
Home Based Business Regulations
23
Mobile Canteen and Vendor Regulations 2015
26
Motorized Snowmobile and All-Terrain Vehicle Regulations
30
Municipal Development Standards Regulations 2011
36
Noise/Nuisance Regulations
38
Occupancy and Maintenance Regulations
40
Permits and Licences Processing Regulations
50
Public Roads Snow Clearing Regulations
54
Snow Removal Regulations
56
Waste Collection and Disposal Regulations
58
Water Conservation Regulations
62
Water and Sewer Service Connection Regulations
64
Taxi Regulations
67
3
Record of Adoption, Amendments, and Evaluation
Notes
Adoption
Amendment
Evaluation/Review
Water and Sewer Service Connection
Regulations Amendment (May 2014)
107/2014 (PM 1345)
Public Roads Snow Clearing Regulations
Adoption (May 2014)
118/2014 (PM 1345)
Bishop's Falls Waste Collection and Disposal
Regulations Amendment (July 2014)
160/2014 (PM 1348)
Bishop's Falls Building Construction
Regulations 2014 adopted
PM 1351
Public Roads Snow Clearing Regulations
Amendment (Oct 2014)
235/2014 (PM 1354)
Public Roads Snow Clearing Regulations
Amendment (Nov 2014)
253/2014 (PM 1355)
Waste Collection and Disposal Regulations
Amendment (Feb 2015)
37/2015 (PM 1358)
Animal Control Regulations, 2010
Amendment (Mar 2015)
50/2015 (PM 1359)
Waste Collection and Disposal Regulations
Amendment (Mar 2015)
62/2015 (PM 1359)
Mobile Canteen and Vendor Regulations 2015
PM 1370 (206/2015)
Bishop's Falls Fence Regulations Amendment
(Dec 2016)
248/2016 (PM 1385)
Dog and Cat Regulations Amendment (Sept
2017)
106/2017 (PM 1397)
Anti-Litter Regulations, 2010 Amendments
(August 20, 2019)
135/2019 (PM 1426)
Anti-Litter Regulations, 2020 Amendments
(January 21, 2020)
9/2020 (PM 1432)
Snow Removal Regulations Amendment
(January 21, 2020)
10/2020 (PM 1432)
Bishop's Falls Fence Regulations Amendment
(September 15, 2020)
163/2020 (PM 1443)
Water and Sewer Service Connection
Regulations Amendment (Mar 2021)
53/2021 (PM 1452)
Mobile Canteen and Vendor Regulations 2015
75/2021 (PM 1453)
Public Roads Snow Clearing Regulations
91/2021 (PM 1454)
Mobile Canteen and Vendor Regulations 2015
88/2023 (PM 1483)
Mobile Canteen and Vendor Regulations 2015
115/2023 (PM 1484)
Waste Collection and Disposal Regulations
67/2024 (PM 1497)
4
Animal Control Regulations
Pursuant to the powers conferred under section 414 (2) (g) of the Municipalities Act, 1999 and all
other powers it enabling, the Bishop's Falls Town Council, during a public meeting convened on
May 18, 2010, hereby passed and enacted the following Animal Control Regulations.
Regulations
1.
These regulations may be known as the Animal Control Regulations, 2010.
2.
These regulations shall apply within the municipal boundaries of the Town of Bishop's Falls
Definitions
3.
In these regulations the following words shall have the corresponding meanings unless the
context requires otherwise:
(a)
"Act" means the Municipalities Act, 1999.
(b)
"Animal" means any such living thing other than a human being.
(c)
"Council" means the Town Council of the Town of Bishop's Falls.
(d)
"Municipal Enforcement Officer" means a peace officer with powers granted under
Section 179 of the Act.
(e)
"Injured" and "Injury" include, but are not limited to, injuries caused by wounding,
worrying, or pursuing.
(f)
"Owner" means a person who owns, harbours, has custody of or has possession of an
animal or a person who has charge of a house or premises or part of a premises where
an animal is kept or permitted to live or remain.
(g)
"Premises" means any property within the town.
(h)
"Town" means the Town of Bishop's Falls.
(i)
"Town Manager and/or Town Clerk" means the Town Manager and/or Town Clerk of
the Town of Bishop's Falls.
(j)
"Running at Large" means;
I. in a public place; and
II. on premises not owned by or in the possession of the owner of the animal.
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Nuisance Animals
4.
If an animal while not in the company of its owner, or a member of its owners household, is
found in any public place or any private property without the consent of the property owner,
occupant or person having control of such property, the owner of such animals, as well as the
person who caused the animal to be in such a place, shall be deemed to have committed an
offence in terms of the Regulations.
5.
If any animal shall disturb the peace or cause an annoyance to a resident, such animal shall be
deemed to be a nuisance and the owner thereof shall be deemed to have committed an
offence in terms of these Regulations.
6.
If an animal shall cause injury to any person other than its owner, or a member of its owner's
household and while not in the owner's premises, such animal shall be deemed to be a
nuisance and the owner thereof shall be deemed to have committed an offence in terms of
these Regulations.
Animals Kept Securely
7.
No person shall keep an animal in the Town, unless the animal is safely tethered or penned up
at all times or kept securely on a leash by a person capable of restraining its movements.
8.
An animal which is tethered or penned up pursuant to these regulations shall be tethered or
penned up in manner which may not be regarded as imposing under hardship or cruelty to
the animal.
9.
Any persons who interferes with or attempts to interfere with a Municipal Enforcement
officer or Animal Control officer or SPCA representative in the exercise of their duties, shall
be deemed to have committed an offence in terms of these regulations.
10.
Every person requested by a Municipal Enforcement officer or Animal Control officer or SPCA
representative, shall forthwith give his or her proper name and address.
11.
In accordance with section 420 of the Act, a person who commits an offence under these
regulations is liable on summary conviction;
(a) for a first offence to a fine of not less than $100 and not more than $500 or to a term of
imprisonment of not more than one month or to both the fine and imprisonment;
(b) for a subsequent offence to a fine of not less than $500 and not more than $1,000 or to a
term of imprisonment of not more than 3 months or to both the fine and imprisonment.
12.
Prosecution under these regulations may be taken summarily by any Police Officer, including
a Municipal Enforcement officer.
12.1 (a) Where a person fails to comply with these Regulations or commits an offence under these
Regulations the Town Clerk shall, on authority of section 404 (1) (j) of the Act, issue an Order
to comply with these Regulations on that person. An Order issued under this section shall
prescribe;
(i) the section of these Regulations that the person is contravening;
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(ii) what the person must do to ensure compliance with these Regulations. This may
involve, among other things, ordering the animal's removal from the municipal
boundaries where the animal is deemed a nuisance; and
(iii) a date and time that the person must become in compliance with these Regulations.
(B) A person who fails to comply with an Order issued under these Regulations is liable on
summary conviction for a penalty and/or another remedy as permitted under the Act.
Commencement
13.
These Regulations shall come into force on May 18, 2010.
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Anti-Litter Regulations
Pursuant to the powers conferred under section 414 (2) (pp) (iii) of the Municipalities Act, 1999
SNL 1999 Chapter M-24, the Bishop's Falls Town Council, during a public meeting convened on July
20, 2010 and on August 20, 2019, hereby passed, enacted, and amended the following Anti-Litter
Regulations.
Regulations
1.
These regulations may be known as the Anti-Litter Regulations, 2010.
2.
These regulations shall apply within the municipal boundaries of the Town of Bishop's Falls
Definitions
3.
In these regulations unless the context otherwise requires:
a.
"Act" means the Municipalities Act, 1999.
b.
"Town Manager/Clerk" means the Town Manager and/or Town Clerk of the Town of
Bishop's Falls.
c.
"Council" means the Town Council of the Town of Bishop's Falls.
d.
"Litter" shall include;
i.
any obnoxious substance, debris, waste or unsanitary matter, refuse, garbage,
rubbish, ashes, street clearings, dead animals, leaves, wood, bedding, crockery, glass
in any form, bags of all descriptions, printed or written matter, circular samples,
leaflets or paper, scrap metal, or any other matter or thing that if thrown or
deposited may adversely affect the amenities or property within the municipality, or
may create a danger to health, welfare, or public safety.
ii.
wrecked, discarded, dismantled, inoperative, unused and/or apparently abandoned
vehicles, trailers and other vehicle trailers and other machinery or any parts thereof.
e.
"Scrap Metal" includes appliances, barrels, drums, machines, tanks, vehicles or any part
thereof.
f.
"Municipality" means the Town of Bishop's Falls.
g.
"Person" shall mean any corporation, association, syndicate, joint stock company,
partnership, club, society or individual.
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Litter Prohibited
4.
(a) No person shall throw, deposit, or leave litter in or upon any public or private property.
(b) No person shall cause litter to be thrown, deposited or left in or upon any public or
private property.
5.
(a) No person shall throw, deposit, or leave litter on any private property within the
Municipality, whether the property is owned by such persons or not, except where the person
in control of private property has made arrangements for the proper disposal of the litter, at
his/her expense, in accordance with these Regulations.
(b) No person shall cause litter to be thrown, deposited, or left on any private property within
the Municipality, whether the property is owned by such persons or not, except where the
person in control of private property has made arrangements for the proper disposal of the
litter, at his/her expense, in accordance with these Regulations.
6.
No person shall sweep into or deposit into any gutter, or other place within the Municipality,
litter from any building or lot, or from any public or private sidewalk or driveway.
7.
(a) No person while in a vehicle shall throw, deposit, or leave litter upon any street or other
public place or upon private property within the Municipality.
(b) No person while in a vehicle shall cause litter to be thrown, deposited, or left upon any
street or other public place or upon private property within the Municipality.
8.
No person shall drive or move any vehicle within the Municipality, unless such vehicle is so
constructed or loaded as to prevent any load or part thereof from being blown or deposited
upon any public place or private property.
9.
(a) No person shall throw, deposit or leave litter in any park or playground within the
Municipality except as in a manner that may be prescribed by the Municipality.
(b) No person shall cause litter to be thrown, deposited or left in any park or playground
within the Municipality except as in a manner that may be prescribed by the Municipality.
10.
(a) No person shall throw, deposit, or leave litter in any ditch, pond or stream or any other
body of water, either above or below the surface, within the Municipality.
(b) No person shall cause litter to be thrown, deposited or left in any ditch, pond or stream or
any other body of water, either above or below the surface, within the Municipality.
11.
No person shall permit land under their ownership or control to be encumbered with litter.
Posting Notices Prohibited
12.
No person shall post or affix, or cause to be posted or affixed, any notice, sign, poster, or other
matter of devise to any lamp post, utility pole, tree, or upon any structure or building, except
as may be authorized by the Council or required under law.
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Scrapping of Vehicles
13.
No person shall demolish, repair, or scrap any vehicle on private or public property within
the Town without first having obtained a permit, in writing, from the Council for that
purpose.
14.
The cost of a permit referred to in section 13 shall be $20 per vehicle and shall be valid for a
period of ten (10) days from the date of issuance.
15.
Where a person, who has been issued a permit in accordance with these regulations,
demolishes, repairs, or scraps a vehicle within the timeframe specified in section 14, that
person shall be entitled to a refund of $20.
Orders
16.
Where a person fails to comply with these Regulations, the Council or the Town
Manager/Clerk may issue an order to comply with these Regulations on that person. An
order issued under this section shall prescribe;
(a)
the section of these Regulations that the person is contravening;
(b)
what the person must do to ensure compliance with these Regulations; and
(c)
a date and time that the person must become in compliance with these Regulations.
16A A person ordered to comply with these Regulations under section 16 shall be served with that
order and shall comply with that order at that person's own expense.
16B Where a person to whom an order is directed does not comply with the order or a part of an
order made under section 16 of the Regulations, the Council may take the action that it
considers necessary to carry out the terms of the order and any costs, expenses or charges
incurred by the Council in carrying out the terms of the order are recoverable from the
person against whom the order was made as a debt owed to the Council.
Appeals
16D
A person aggrieved by an order made under section 16 of the Regulations shall have the
right to appeal as per section 408 of the Act.
Offences
17A A person on whom an order has been served under section 16 of the Regulations who refuses
or fails to comply with the order within the time specified by the Council or the Town
Manager/Clerk, as the case may be, commits an offence, as per section 419(2) of the Act.
17B Each day upon which the same offence is committed or continued is a separate offence, as per
section 419(2) of the Act.
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Penalty
17.
A person who commits an offense under these Regulations is liable on summary conviction;
(a)
for a first offence to a fine of not less than $100 and not more than $500 or to a term of
imprisonment of not more than one month or to both the fine and imprisonment
(b)
for a subsequent offence to a fine of not less than $500 and not more than $1,000 or to a
term of imprisonment of not more than 3 months or to both the fine and imprisonment
Prosecutions
18A
Prosecutions for offences under these Regulations may be carried out by legal counsel
appointed by the Council for the purpose of pursuing the prosecution.
Repeal and Commencement
18.
The Town of Bishop's Falls Anti-Litter Regulations and any amendments thereto are hereby
repealed.
19.
These Regulations shall come into force on July 20, 2010, and the amendments shall come
into force on August 20, 2019
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TOWN OF BISHOP'S FALLS
Building Construction Regulations 2014
Pursuant to the powers conferred under subsection 414 (1) (d) of the Municipalities Act, 1999 and
all other powers it enabling, the Bishop's Falls Town Council, during a public meeting convened on
September 16, 2014, hereby passes and enacts the following Building Construction Regulations
2014.
By-law
1.
This by-law may be cited as the Bishop's Falls Building Construction Regulations 2014.
2.
This by-law shall apply within the municipal boundaries of the Town of Bishop's Falls.
Definitions
3.
In this By-Law,
(a)
"National Building Code" means the National Building Code of Canada as published by
the National Research Council of Canada and amended from time to time.
(b)
"Clerk" means the Town Clerk of the Town of Bishop's Falls appointed in accordance
with the Municipalities Act, 1999.
(c)
"Building" means a structure built for residential or commercial purposes.
(d)
"Town" means the Town of Bishop's Falls and the Council for the Town of Bishop's Falls
as established and defined by the Municipalities Act, 1999.
(e)
"Regular Hours of Operation" means the hours of operation for the Town Hall established
and amended from time to time.
(f)
"Employee" means a person employed by the Town in any capacity.
(g)
"Applicant" means a person who has or intends to apply for a building/construction
permit from the Town.
Regulations
4.
All buildings shall be constructed in accordance with the National Building Code.
5.
The Clerk shall ensure the National Building Code is available for inspection by members of the
public during the Town's Regular Hours of Operation.
6.
The Town shall not hire, engage, or appoint an Inspector for the purpose of inspecting
buildings to ensure compliance with this by-law and the National Building Code. Persons
constructing buildings are solely responsible to ensure compliance with this by-law and the
National Building Code.
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7.
No employee shall be empowered, as part of his/her employment, to inspect or approve
buildings and ensure compliance with the National Building Code.
8.
The Clerk shall advise all applicants to retain their own Inspector for the purpose of ensuring
compliance with the National Building Code.
9.
This by-law shall become effective upon its adoption by the Town during a duly convened
public meeting of the Bishop's Falls Town Council.
Adopted by Council during public meeting 1351 on September 16, 2014.
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Dog and Cat Regulations
Pursuant to the powers conferred under sections 414 (2) (g) to 414 (2) (m) of the Municipalities
Act, 1999 and all other powers it enabling, the Bishop's Falls Town Council, during a public meeting
convened on April, 20 2010, hereby passed and enacted the following regulations governing dogs
and cats.
Regulations
1.
These regulations may be known as the Dog and Cat Regulations, 2010.
2.
These regulations shall apply within the municipal boundaries of the Town of Bishop's Falls
Definitions
3.
In these regulations the following words shall have the corresponding meanings unless the
context requires otherwise:
a. "Act" means the Municipalities Act, 1999.
b. "Pound" means a facility operated by or on behalf of the Town for keeping and disposition
of animals.
c. "Animal(s)" means a dog and/or cat.
d. "Cat(s)" means a member of any breed of domesticated feline or crossbreed of
domesticated feline whether spayed or neutered.
e. "Council" means the Town Council of the Town of Bishop's Falls.
f. "Dog(s)" means a dog, male or female, and includes an animal which is a cross between a
dog and a wolf.
g. "Municipal Enforcement Officer" means a peace officer with powers granted under Section
179 of the Act.
h. "Impounder" means a person authorized by the Council to impound animals that are
without an owner, are not in the control of an owner, or animals of which the owner has
violated any provisions of these regulations.
i. "Injured" and "Injury" include, but are not limited to, injuries caused by wounding,
worrying, or pursuing.
j. "Kennel" means an establishment for keeping, breeding, boarding, treating, or training of
animals.
k. "Live Trap" means a cage like device, approved by the proper authority, used in the
capture of animals without injury to the animals.
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l. "Owner" means a person who owns, harbours, has custody of or has possession of animals
or a person who has charge of a house or premises or part of a premises where animals
are kept or permitted to live or remain.
m. "Premises" means any property within the town.
n. "Town" means the Town of Bishop's Falls.
o. "Town Manager and/or Town Clerk" means the Town Manager and/or Town Clerk of the
Town of Bishop's Falls.
p. "At Large" means;
I. in a public place; and
II. on premises not owned by or in the possession of the owner of the animals.
q. "Nuisance" as applied to animals means an animal which has
i.
been shown to have trespassed upon land enclosed by a fence by breaking, going
under or jumping over the fence;
ii.
caused excessive noise by barking;
iii.
caused damage to private and public lawns;
iv.
bites a person other than its owner or a member of its owner's household; or
v.
caused a hazard to people, other animals, livestock operations, property or to the
safe operation of motor vehicles.
Licence Required and Fees Prescribed
5.
No person being an owner of a dog shall keep a dog within the Town limits unless a licence, in
the form of a numbered tag or plate, has been issued by Council.
6.
A dog licenced under section four (4) shall bear a numbered tag or plate indicating that such
licence is valid.
7.
No person shall operate a Kennel without permission for such operation granted by Council.
8.
Every licence issued by Council shall have no expiry date and shall be non-transferable.
9.
A licence issued under these regulations may be revoked by Council when, in the opinion of
Council, the continued issuance of the licence would compromise public health and safety.
10.
The fee for a licence shall be:
a.
$10.00 for a neutered or spayed dog.
b.
$30.00 for an unneutered or an unsprayed dog.
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c.
$50.00 for a licence to operate a Kennel.
d.
$5.00 for the replacement of a tag.
Nuisance Animals
11.
An animal found at large in the Town contrary to these regulations may be humanely
destroyed by the Impounder at the expiration of at least two (2) business days after the time
of impounding where the following is the case:
1.
An owner has not come forth to claim the animal; or
2.
the owner has come forth to claim the animal but he/she has not paid the appropriate
impounding fee as prescribed by section 21.
12.
Where an animal causes a nuisance the owner thereof shall be deemed to have committed an
offence.
13.
Deleted. R 106/2017 (PM 1397).
14.
A court of summary jurisdiction may take cognizance of a complaint that an animal is
dangerous and not kept under proper control or has bitten or attempted to bite any person
and if it appears to the court that the animal is dangerous or have done any of the things
referred to herein, the court may order the owner of the animal to destroy it.
15.
A person authorized to destroy an animal under these regulations may destroy it or the
person may petition a Provincial Court Judge who, upon verification of the authorization, may
make an order directing the owner of the animal to destroy it.
16.
The owner of an animal who fails to comply with an order issued under section 14 or section
15 shall be deemed to have committed an offence.
Animals Kept Securely and Impounding
17.
Whenever an animal is found on any premises contrary to these regulations the impounder
shall and any person may cause the animal to be impounded.
18.
No person shall keep an animal in the Town unless the animal is safely secured all times or
kept securely on a leash by a person capable of restraining its movements.
19.
An animal secured pursuant to these regulations shall be secured in a manner that shall not
cause undue hardship or cruelty to the animal.
20.
When a dog that bears a numbered tag or plate, as required by these regulations, has been
impounded, the impounder shall, if possible, give notice thereof to the licencee or owner of
the dog if the name and address of such persons are known to him/her, and if the dog has not
been redeemed by or on behalf of the licencee or owner within two (2) business days after
the dispatch of such notice, or where no notice has been given, after the time of impounding,
the impounder may cause the dog to be disposed of or humanely destroyed.
21.
The fee which shall be paid to the Town for the redemption of an impounded animal shall be;
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a.
$50 for the first impoundment.
b.
$100 for the second impoundment
c.
$200 for the third and subsequent impoundments.
22.
When an animal which does not bear a numbered tag or plate, as required by these
regulations, has been impounded, the impounder shall cause the animal to be disposed of or
humanely destroyed at the expiration of two (2) business days after the time of impounding.
23.
Where, in the sole discretion of the impounder, the animal liable to be impounded appears to
be vicious, dangerous, diseased or otherwise unfit for impounding, the impounder may cause
the animal to be disposed of or humanely destroyed forthwith.
24.
Upon payment of the impounding fee and the licence fee described, where a dog is not
licenced, the impounder may release the dog which fails to be disposed of or destroyed to any
person requesting the dog and the ownership of the dog shall then vest in the person to
whom the dog is released and the former owner shall have no right or claim to the dog.
25.
When an animal for which Council refuses to issue a licence is found to be kept within the
Town, the owner of the animal is deemed to have committed an offence and the impounder
shall impound the animal.
26.
If an animal for which the Council refuses to issue a licence or permit to be kept in
the
Town is found at large, it shall be the duty of the impounder to seize and impound such
animal and to enter any premises for the purpose of recapturing such animal which may
escape from his control.
27.
If an animal for which the Council refuses to issue a licence or permit to be kept in
the
Town is impounded, the following fees shall be paid by the owners of the animal:
a.
$100 for seizing or impounding of the animal;
b.
$20 for each day during which an animal is impounded; and
c.
all other expenses pertaining to the impounding.
28.
No person except an authorized representative of the Town, with such authorization being
granted by the Town Manager and the SPCA, may enter a Pound.
29.
Any person found to tease an animal caught in a trap or throwing or poking any object into
the trap when an animal is caught therein is deemed to have committed an offence.
30.
Any person who removes an animal from a Pound without having first paid the fees required
by these regulations commits an offence.
31.
Any persons who interferes with or attempts to interfere with a Municipal Enforcement
Officer, an Animal Control Officer or a SPCA representative in the exercise of their respective
duties individually or collectively shall be deemed to have committed an offence.
32.
Any person who, without the approval of a Municipal Enforcement Officer, an Animal Control
Officer or a SPCA representative, releases an animal which has been impounded, shall be
deemed to have committed an offence.
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33.
Every person requested by a Municipal Enforcement Officer, an Animal Control Officer, or a
SPCA representative shall forthwith give his or her proper name and address
34.
In accordance with section 420 of the Act, a person who commits an offence under these
regulations is liable on summary conviction;
(a) for a first offence to a fine of not less than $100 and not more than $500 or to a term of
imprisonment of not more than one month or to both the fine and imprisonment;
(b) for a subsequent offence to a fine of not less than $500 and not more than $1,000 or to a
term of imprisonment of not more than 3 months or to both the fine and imprisonment.
35.
Prosecution under these regulations may be taken summarily by any Police Officer including
a Municipal Enforcement Officer.
Repeal and Commencement
36.
The Town of Bishop's Falls Animal Control Regulations and any amendments thereto are
hereby repealed.
37.
These regulations shall come into force on April 20, 2010.
18
Fence Regulations
Pursuant to the powers conferred under section 414 (2) (hh) of the Municipalities Act, 1999 and all
other powers it enabling, the Bishop's Falls Town Council, during a public meeting convened on July
2, 2009 hereby passes and enacts the following Fence Regulations governing fences in the
municipal boundaries of Bishop's Falls.
By-law
1. This by-law may be cited as the Bishop's Falls Fence Regulations.
2. This by-law shall apply within the municipal boundaries of the Town of Bishop's Falls.
Definitions
3. In this By-Law,
(a) "Fence" means a vertical physical barrier constructed out of typical fencing materials and
includes hedges, shrubs and landscaping features use for the purpose of creating a physical
barrier and that portion of a retaining wall that projects above the surface of the ground
that it supports.
(b) "Town" means the Town of Bishop's Falls as incorporated by the Municipalities Act, 1999,
and amendments thereto and includes the Council as defined by the Act.
(c) "Municipal Enforcement Officer" means the Town Manager, Town Clerk, or the Public
Works Supervisor.
Affect on Traffic
4. No person shall erect a fence in a location that obstructs the view of traffic.
Affect on Egress
4.A Notwithstanding any other section in these Regulations, no person shall erect a fence that
obstructs a neighbouring property's egress.
Height Restrictions
5. The maximum height of a fence from the street line to the building line shall not exceed 1.22
meter.
6. The maximum height of a fence from the building line to the rear property line shall not
exceed 2.5 meters.
7. Notwithstanding sections 5 and 6, Council may, in such circumstances that Council deems
necessary, allow a fence to exceed the height restrictions outlined in sections 5 and 6.
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Electrical and Barbed Wire Fences
8. No person shall erect an electrical fence or barbed wire fence on any real property without
the approval of Council by way of a permit.
Maintenance and Appearance
9. A person shall at all times;
(a) maintain the structural soundness of a fence on that person's real property; and
(b) ensure the appearance of the fence conforms to the standards stipulated in the person's
Fence Construction Permit.
Permit required
10. A person shall obtain a Fence Construction Permit from Council before erecting a fence by
submitting an application in accordance with the Permits and Licences Processing
Regulations.
Orders and Consequences
11. Where a person fails to comply with these Regulations a Municipal Enforcement Officer
shall, on authority of section 404 (1) (j) of the Municipalities Act, 1999, issue an Order to
comply with these Regulations on that person. An Order issued under this section shall
prescribe;
(a) the section of these Regulations that the person is contravening;
(b) what the person must do to ensure compliance with these Regulations; and
(c) a date and time that the person must become in compliance with these Regulations.
12. A person who fails to comply with an Order issued under these Regulations is liable on
summary conviction;
(a) for a first offence to a fine of not less than $100 and not more than $500 or to a term of
imprisonment of not more than one month or to both the fine and imprisonment;
(b) for a subsequent offence to a fine of not less than $500 and not more than $1,000 or to a
term of imprisonment of not more than 3 months or to both the fine and imprisonment.
20
Economic Development Tax Incentive Regulations
Pursuant to the powers conferred under section 414 (2) (gg) of the Municipalities Act, 1999 and all
other powers it enabling, the Bishop's Falls Town Council, during a public meeting convened on
June 21, 2011, hereby passes and enacts the following Economic Development Tax Incentive
Regulations governing tax incentives available to businesses established in Bishop's Falls.
By-law
1.
These regulations may be cited as the Economic Development Tax Incentive Regulations 2011.
2.
These regulations shall apply within the municipal boundaries of the Town of Bishop's Falls.
Definitions
3.
In these regulations unless the context otherwise requires;
(a)
"Town" means the Town of Bishop's Falls as incorporated by the Municipalities Act, 1999,
and amendments thereto, and includes the Council as defined by the Act.
(b)
"Town Clerk/Manager" means the Town Clerk/Manager for the Town.
(c)
"Business" means a legally constituted organization in federal, provincial, and municipal
jurisdictions designed to provide goods, services, or both to consumers that is not in
direct competition with similar businesses in the municipality.
(d)
"Expansion/Expands" means an investment in an existing business for the purpose of
accessing new markets, accommodating consumers, creating jobs, or for some other
purpose that results in business growth and development.
New Business Regulations
4.
A business that becomes established in Town for the first time shall, upon application, be
entitled to a property tax and business tax incentive provided all conditions prescribed in these
regulations are satisfied.
5.
An application under section 4 shall take the form as prescribed by the Town Clerk/Manager
and shall, among other things, include;
(a)
confirmation that the business is legally constituted as per section 3 (c);
(b)
a statement describing the nature of the business (i.e. products, services, etc.); and
(c)
confirmation from a recognized auditing firm of the investment(s) made to establish the
business (i.e. capital, labour, etc.).
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6.
Where the Town is satisfied that a newly established business meets the conditions of these
regulations, the business shall be deemed qualified for the property tax and business tax
incentive under these regulations.
7.
A qualifying business under section 6 shall receive a property tax and business tax incentive,
contingent on the investment made by the business, for a period of time as per the following
schedule:
Business Investment Amount
Property Tax and Business Tax
Incentive
$10,000 to $75,000
1 year remission
$75,001 to $150,000
2 year remission
$150,001 to $225,000
3 year remission
Above $225,001
4 year remission
Business Expansions Regulations
8.
A business that expands may, upon application, be entitled to a property tax and business tax
incentive provided all conditions prescribed in these regulations are satisfied.
9.
An application under section 8 shall take the form as prescribed by the Town Clerk/Manager
and shall, among other things, include;
(a)
Confirmation from the Municipal Assessment Agency of the value added to the business
as a result of the expansion;
(b)
confirmation that the business is legally constituted as per section 3 (c); and
(c)
A statement describing the nature of the expansion.
10. Where the Town is satisfied that the business expansion meets the conditions of these
regulations, the business shall be deemed qualified for the property tax and business tax
incentive under these regulations.
11. A qualifying business under section 10 shall receive a property tax and business tax incentive,
contingent on the value added to the business, for a period of time as per the following
schedule:
Value Added
Property Tax and Business Tax Incentive
$10,000 to $75,000
25% remission of the value added for 1 year
$75,001 to $150,000
25% remission of the value added for 2 years
$150,001 to $225,000
25% remission of the value added for 3 years
Above $225,001
25% remission of the value added for 4 years
General Regulations
12. A business that changes its name and/or ownership shall not be entitled to a property tax or
business tax incentive.
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13. A business that ceases operations during the tax remission period shall not, effective on the
date the business ceases operations, be entitled to the property tax and business tax incentive.
14. A business shall have up to five (5) years from the date of the Town issued business permit or,
in the case of an expansion, from the date of the expansion, to apply for a property tax and
business tax incentive under these regulations. Tax incentives, where applicable, shall begin
from the date of the Town issued business permit or, in the case of an expansion, from the date
of expansion, and shall not be retroactive.
Repeal and Commencement
15. The Town of Bishop's Falls Economic Development Municipal Tax Incentive Regulations and any
amendments thereto are hereby repealed.
16. These regulations shall come into force on June 21, 2011.
23
Home Based Business Regulations
Definitions
Home Occupation: A development consisting of the use of an approved residential dwelling for
purposes of conducting business activity.
Home-Based Business: A for-profit enterprise that is owned and/or operated by a self-employed
entrepreneur and/or corporate entity operating from a residential property our out-building on the
residence property who may or may not employ additional family and/or outside staff.
Carrying on a Business: That which occupies the time, attention and labor of an individual or party
of individuals for the purpose of primary and/or secondary income and involves the incurring of
liabilities to their parties for the purpose of the primary and/or secondary income. If a person is
engaged in a "hobby" and is deriving income from the sale of goods or services, they are deemed to
be "Home-Based Business" for the purposes of these Regulations and shall be considered same.
Employee: Anyone who engages in the Home-Based Business for the purpose of livelihood or profit.
Regulatory Requirements
1.
Home Occupations are Discretionary Uses in Residential Zoning Designations: For all
residential zones, Home Occupations shall include Office, Medical, Professional Services, and
Personal Services. Office uses shall be limited to small business services and professional
services.
An application for establishment of all Home Based businesses must be submitted for approval
of the municipal authority. In consideration of applications, Council will ensure that all
regulatory/municipal/zoning requirements are met and that business activity does not pose a
hazard to neighboring properties or cause noticeable noise, odor, dust, fumes, traffic
congestion or inconvenience to the residential neighborhood.
2.
Home Occupations Shall Comply with the Following Regulations:
a.
On-site advertisements shall be non-illuminated with a maximum sign face area of 0.2
square meters and shall meet the requirements of the Authority in terms of shape and
material construction of the advertisement having regard to the safety and convenience of
users of adjacent streets and sidewalks and the general amenities of the surrounding area.
Signs shall not be erected on the property beyond the front line of the residence, and may
be attached to the front of the dwelling.
b.
There shall be no mechanical or electrical equipment which creates external noise and/ or
audio interference with home electronics equipment in an adjacent dwelling or within the
neighborhood. All provisions of "Municipal Noise and Nuisance Regulations" shall apply.
c.
The Home Based Business shall employ no more than one person on site in addition to a
residential owner of the dwelling. The resident shall be the principal operator of the
business.
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d.
There shall be no outdoor business activity or storage of materials or equipment
associated with the business. Materials/equipment requiring storage related to the
business activity shall on be allowed either in the residential property or accessory
building.
e.
A Home Based Business shall not change the principal character or external appearance of
the dwelling involved, and must not detract from the overall appearance of the
neighborhood. The business use must be secondary to the residential use of the building
with business activity not being visible from the outside of the property with the exception
of signage as approved in these Regulations.
3.
In addition to the information requirements under this by-law, each application for a permit
shall include a description of the business to be undertaken in the selling, a projection of the
anticipated number of patron visits per week, details relative to parking, information of the
storage of business materials/equipment. All business applications considered for approval by
the town will be subject to the approval of the Government Service Centre. A Municipal Permit
will not be issued until a letter of approval and/or exemption is received from the G.S.C.
4.
Permit fees will be in accordance with the adopted tax rate schedule implement by Council in
conjunction with the approval of each annual budget. A Business Establishment Permit for the
2005 fiscal period is $50.00.
5.
Home based businesses shall be taxed at the minimum annual business tax rate in effect for
each fiscal period. The annual 2005 levy for this purpose has been confirmed at $300.00. An
invoice will be forwarded to all existing home based businesses for the annual period unless
the Assessment Service Department upon inspection of the residential property utilized for
business activity determines that adequate space can be assessed for the purposes of business
activity. In this event the rate of taxation will be applied at the current Mil Rate on the assessed
value of the portion of the residential property utilized for business purposes.
6.
Repairs to vehicles or heavy equipment shall not be a permitted Home Based Business use.
7.
Not more than 25% of the total floor area of the dwelling, up to a maximum of 45 square
meters, shall be devoted to business use.
8.
No change will be made in the type, class or extent of service outlined to the town during the
application and approval stage. Variations to the original approval must be approved by the
Town.
9.
No product display, wholesale activity or storage of goods shall be carried out within a
residential property except in accordance with approved uses under these regulations.
10. Home-Based Businesses shall be subject to a review process prior to being issued their annual
permit to continue business activity under these regulations. This process will include review
of any complaints laid against the business, compliance with regulations, any changes in the
nature of the business, and any other aspects deemed necessary by the Town. Applications
which do not fit the parameters of these Regulations shall be considered by Council on an
individual basis.
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11. The Town of Bishop's Falls may publish a list of approved Home-Based Businesses as of March
31st annually. The Municipal Authority will not retain the services of or solicit quotations from
any business not included in the listing and contributing to the municipal tax base. This listing
will also be provided to any individual/corporation/service group, etc. in response to inquiries
for purposes of retaining the services of businesses to undertake a contract associated with the
needs of such individuals/corporations/service groups. Every effort will be made by the Town
to support and promote companies listed.
12. Violation to any provisions of these Regulations will result in prosecution pursuant to the
Town of Bishop's Falls Development Regulations enacted under the authority of the Urban &
Rural Planning Act and the Municipalities Act.
26
Mobile Canteen and Vendor Regulations 2015
Pursuant to the powers conferred under section 414 (2) (c) of the Municipalities Act, 1999 and all
other powers it enabling, the Bishop's Falls Town Council, during a public meeting convened on
November 17, 2015, passed and enacted the following Mobile Canteen and Vendor Regulations.
Short Title
1. These Regulations may be cited as the Mobile Canteen and Vendor Regulations 2015.
Definitions
2. For the purpose of these Regulations unless the context otherwise requires:
(a) "Council" means the Town Council of the Town of Bishop's Falls.
(b) "Designate" means the Town Manager/Clerk or the Assistant Town Manager who have
been designated with authority under these regulations by Council and are empowered
to enforce these regulations
(c) "Mobile Canteen" means any vehicle or trailer, whether self-moving or drawn by
another vehicle or person, from which goods, foods or services are sold. Garage sales
operated by homeowners on an occasional basis on private property are excluded from
this definition.
(d) "Operator" means the operator of a mobile canteen, an approved vending site or a
vending operation.
(e) "Permit" means a permit issued by the Town of Bishop's Falls.
(f) "Person" means any individual, corporation, company, partnership, club, society or
association.
(g) "Approved Vending Site" means:
-
With the prior approval of the operator, the Fallsview Municipal Park (lower field,
paved section);
-
Station Road east of the boat launch/slipway; and/or
-
another area that may be approved by Council or its Designate. Before approval
can be granted in such cases, the vendor must obtain approval from the owner of
the land/area in question.
(h) "Vendor" means a person who sells or offers for sale food, beverages or articles of all
kinds, on town streets, private and public open places from a stand or mobile canteen.
(i) "Vending Operators" means the operations of all vendors in selling their articles and
includes stands or devices used for the displaying, storing, transporting or selling of
these articles.
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(j) "Street" means any publicly owned road and includes alleys, boulevards, bridges, courts,
walkways, highways, lanes, parks, public drives, sidewalks, squares, railroad tracks, and
any part of them open to the public.
(k) "Town" means the Town of Bishop's Falls, Newfoundland and Labrador.
Regulations
3. No person shall, at any time, operator a mobile canteen, an approved vending site or a
vending operation in the Town without a permit issued by Council or its Designate.
Notwithstanding the latter, a person will be exempted from this Regulation and will not
require a permit if;
(i)
the person is selling newspapers door-to-door.
(ii)
the person is 18 years of age or younger and is selling goods to raise funds for school
activities, personal benefit, or for non-profit organizational activities.
(iii)
the person is hosting or taking part in a trade or craft show that is being organized
for a non-profit or charitable cause.
4. A person will be granted a permit at no cost under these Regulations if;
(i)
the person is selling goods where 100% of the proceeds are used to support a
benevolent, religious, charitable, philanthropic, educational or other non-profit
organization.
(ii)
the person is already paying business tax for another mobile canteen with the same
business activity.
5. A permit placard issued to the operator of a mobile canteen, an approved vending site or
vending operation must be displayed in full view to the public.
6. Council or its Designate shall not issue a permit for the operation of any mobile canteen, any
approved vending site or any vending operation that it deems unsafe or unfit for the
purposes for which it is intended or where the person has not obtained or fails to comply
with the appropriate food establishment licences and standards.
7. Council or its Designate may prescribe and attach conditions to any permit issued under
these regulations and the holder of such a permit, or an operator, employee agent or any
person operating a mobile canteen, an approved vending site or a vending operation must
adhere strictly to any and all conditions specified in such permit.
8. Council or its Designate may require an operator, or his/her employees or agents, to
operate a mobile canteen, an approved vending site or a vending operation only in
approved vending sites as defined in these Regulations and these areas will be clearly
defined on any permit issued to the operation, or his/her employees or agents, and the
operator, or his employees or agent, may not operator a mobile canteen, an approved
vending site or vending operation outside of any such defined area.
9. Permits for mobile canteens, approved vending sites, or vending operations shall be issued
to an owner or operator or agent of such mobile canteen, approved vending site or vending
operation and shall not be transferable. Where the owner, operator, or agent fails to comply
28
with the permit or fails to comply with the appropriate food establishment licences and
standards, the Council or its Designate may immediately void the permit. In such cases the
owner, operator, or agent shall immediately cease operations and shall not resume
operations until the permit is reinstated by Council or its Designate. Owners, operators or
agents are required to advise the Town immediately of any violations relating to their food
establishment licences and the associated health and safety standards/codes.
10. Council or its Designate may issue one of two types of permits for mobile canteens,
approved vending sites, or vending operations as follows:
(a) Non-Renewing Permits shall be valid for a period not exceeding twelve (12) months,
and Council or its Designate shall specify in such a permit the date of commencement
and cessation.
(b) Renewing Permits shall be valid for a period exceeding twelve (12) months and shall
remain valid until cancelled by;
i.
Council or its Designate in accordance with these Regulations; or
j.
the permittee upon serving written notice to Council or its Designate.
Renewing Permits can only be issued if the vendor owns the land upon which the
mobile canteen, approved vending site, or vending operation is operating. A vendor
possessing a Renewing Permit shall notify Council or its Designate of any changes to its
operation within 30 days of becoming aware of the change.
11. All owners and operators of mobile canteens, approved vending sites or vending operations
and their employees or agents shall keep their mobile canteens, approved vending sites or
vending operations and the surrounding areas, clean and free of litter, garbage, cartons,
wrappers, paper, rubbish, and other debris, and shall dispose of any such materials in an
authorized garbage receptacle.
12. Where a mobile canteen, an approved vending site or a vending operation is being operated
contrary to any or all of the conditions attached to the permit allowing its operation, Council
or its Designate may cancel the permit and order the removal of a vehicle or stand.
13. The Designate may enter upon any public or private land and may at all reasonable times
inspect any mobile canteen, approved vending site or vending operation for the purpose of
obtaining information relative to the vending operations.
14. No person shall use a mobile canteen or a vending operation for the purpose of either
temporary or permanent habitation, nor shall any person use a mobile canteen or vending
operation for overnight accommodation.
15. All vendor operations under these Regulations shall be subject to the approval of all other
required regulatory authorities. In the case of a vendor selling food, beverages or
consumable items, the vendor's operation shall likewise be subject to the approval of all
other required regulatory authorities but in no case will a permit be issued until the vendor
has obtained a permit from the Department of Health.
29
16. Any person who contravenes any of the provisions of these Regulations is guilty of an
offence and liable on summary conviction;
(a) for a first offence to a fine of not less than $100 and not more that $500 or to a term of
imprisonment of not more than one month or to both the fine and imprisonment;
(b) for a subsequent offence to a fine of not less than $500 and not more than $1000 or to a
term of imprisonment of not more than 3 months or to both the fine and imprisonment.
17. Prosecution under these Regulations may be taken summarily by the R.C.M.P. or by the
Town's Solicitor.
18. Council may prescribe a fee schedule from time to time for permits issued under these
Regulations. The types and duration of the permits shall be as follows:
Non-Renewing Permits (see Regulation 10 (a))
1. Daily (24 hour period)
2. Seasonal (Not more than four (4) months)
3. Annual (Not more than twelve (12) months)
Renewing Permit (see Regulations 10 (b))
1. Greater than twelve (12) months
19. All previous Mobile Canteen/Vendors Regulations are hereby rescinded.
20. These regulations shall take effect on November 17, 2015.
30
Motorized Snowmobile and All-Terrain Vehicle Regulations
Pursuant to authority conferred under Section 414 {2}{ii}(iv} of the Municipalities Act, S.N.. 1999
Chapter M-24 of the Town Council of the Town of Bishop's Falls in the province of Newfoundland
has adopted the following Regulations.
These Regulations may be cited as the Town of Bishop's Falls Motorized Snowmobile and All-Terrain
Vehicle Regulations.
1.
In these regulations unless the context otherwise requires:
(a)
"Council" means the Town Council of the Town of Bishop's Falls.
(b)
"Highway" means the entire width between the boundary lines of a highway, road, alley,
square, place, bridge, culvert, street, avenue, thoroughfare, right-of-way, parkway,,
driveway, trestle, whether privately or publicly owned and whether or not it is designed
or intended for use by the public if the whole or any part of it is used by the public for the
passage of motor vehicles and includes trails, frozen lakes/rivers or other bodies of
water or water courses when a trail is maintained or kept open at the expense of the
province or a municipality.
(c)
"Motor Vehicle" means a vehicle required to be licensed for the highway as per the
Highway Traffic Act.
(d)
"Town" means the Town of Bishop's Falls as defined in paragraph 2 of the Order in
Council dated the 8th day of January, A.D., 1962 and made under the Municipalities Act.
(e)
"Constable" means a member of the Royal Canadian Mounted Police.
(f)
"Enforcement Officer' means a person appointed by the Town of Bishop's Falls.
(g)
"Vehicle" means all motorized vehicles designed and constructed for travel on or
immediately y over land, water, snow , ice, marsh, swampland and other natural terrain,
including four-wheel drive or low pressure tire powered vehicles, low pressure tired
motorcycles and related two wheel vehicles, snowmobiles, amphibious machines, ground
effect or air-cushioned vehicles, but don include a motor vehicle.
2.
No person shall:
(a)
drive, operate or otherwise move a vehicle upon a highway except in accordance with
the provisions of these regulations.
(b)
drive or operate a vehicle within residential commercial or municipal lands designated
by the municipality for use as recreation and/or municipal parklands.
31
(c)
Subject to subsection {2} a person may operate a vehicle on a designated trail as per
schedule 1 of these regulations and may take the most direct route to and from the trail
providing all conditions of these regulations are met.
(d)
Notwithstanding the provisions of Section 2 {b} of these regulations, entry and exit of All-
Terrain Vehicles by Municipal Park Patrons to and from their respective camp sites and
Salmon Fishermen to and from a designated area within the Municipal ark are permitted
provided that the approved and posted path of entry is utilized.
3.
No person shall drive, operate or otherwise move a vehicle at any time between sunset and
sunrise unless the vehicle is equipped with and there is, in effective operation, adequate head
and tail lamps.
4.
A person shall not:
(a)
Drive, cause, allow or permit to be driven a vehicle unless that vehicle is registered
according to this section and insurance requirements, as required by this Act and
regulations, are complied with.
(b)
Drive a vehicle unless there is affixed to and clearly exposed on either side of that vehicle
in a conspicuous position at or toward the front of the vehicle the numbered plates
and/or decals.
(c)
This section does not apply to a vehicle owned by a person who does not live in the
province if the vehicle is:
i.
Registered in another jurisdiction and has attach to it valid number plates and/or
decals issued b the proper authority in that jurisdiction and
ii.
Is not kept in the province for more than thirty consecutive days.
5.
Where the ownership of a vehicle, which is register under Section 4 passes from the owner to
another owner, whether by act of the owner or by operation of law, notification of the change
in ownership shall be made to the Registrar in the manner and within the time prescribed by
the regulations.
6.
When a vehicle is being driven:
(a)
The driver shall keep the set of number plates or decals on it free of mud, dust and other
obstructing material, and the driver shall ensure that the view of the plates or decals
shall not be obscured or obstructed by part of the vehicle or equipment or attachment on
the vehicle or by the load carried on the vehicle.
(b)
A person shall not:
i.
Deface, mutilate or alter a number plate or decal issued under these regulations.
ii.
Use or permit the use of a defaced, mutilated, or altered number plate or decal on a
vehicle; or
iii.
Knowingly use or permit the use of a number plate or decal upon a vehicle except as
issued for the vehicle.
32
7.
Except as permitted by these regulations a person shall not drive a vehicle upon a highway
unless
(a)
That person is the holder of a class of driver's licence issued under the Highway Traffic
Act; and
(b)
In the case of a person under 19 years of age, that person or the vehicle being driven is
insured in the manner provided in the regulations.
8.
The driver of a vehicle shall at all times yield the right of way to drivers of all classes of motor
vehicles on a highway.
9.
It shall be duty of an owner of a vehicle who drives a vehicle on a highway when under the age
of 19 or knowingly permits a person under the age of 19 to drive a vehicle on a highway to
acquire the insurance referred to in section 4 and upon the request of a constable to produce
true and proper evidence that the driver of the vehicle is insured in the manner provided in the
regulations.
10. No person shall drive, operate or otherwise move a vehicle unless such a vehicle is equipped
with:
(a)
An amber reflector affixed to the front of the vehicle or with one amber reflector affixed
to each side of the vehicle, at or towards the front thereof
(b)
At least one red reflector at the rear of the vehicle either separate from or incorporated
within the tail lamp under Regulation 6
(c)
An adequate and efficient operating braking system
11. When a sign which has the word "Stop" inscribed thereon is erected at or near the intersection
of a highway and the designated trail, the driver of the vehicle on the designated trail, the
driver of the vehicle on the designated trail shall stop the vehicle before crossing the highway
and shall then proceed with special care and give away to traffic on the highway.
12. A person may drive, operate or move a vehicle across a highway only at such points where the
operator has not less than one hundred yards visibility in both directions along the highway.
13. No person shall:
(a)
under the age of 16 years shall operate an All-Terrain Vehicle.
(b)
cause or permit a person under the age of 16 years to operate a vehicle unless such a
person is accompanied and supervised by another person who is 19 years of age or
older.
(c)
under the age of 13 years shall drive a motorized snow vehicle
(d)
cause or permit a person under the age of 13 years to drive a vehicle unless such a
person is accompanied by another person who is 19 years of age or older.
33
(e)
For the purpose of subsections 13 (a, b, c, d) an operator is accompanied and supervised
when the older person is riding on the same vehicle or has visual and voice
communication with the operator.
14. The owner of a vehicle who drives or operates a vehicle on a highway when under the age of 19
years or knowingly permits a person under the age of 19 years to drive or operate a vehicle on
a highway shall insure the vehicle with an insurance company licensed to do business in
Newfoundland and Labrador against liability and property damage to a minimum amount of
seventy-five thousand dollars.
15. A person shall not operate or ride as a passenger on an ATV unless wearing a helmet that
complies with the Highway Traffic Licensing and equipment regulations and that it is properly
fastened.
16. No person shall drive any motor vehicle at a speed in excess of 50 km per hour on designated
trails within the limits of the town and must adhere to the speed limit signs indicating a
reduced speed limit posted for safety reasons along the route.
17. Notwithstanding any other provision of these regulations a person shall not drive a vehicle on
the designated trails or in any other place within the limits of the town:
(a)
At a speed which is greater than is reasonable and prudent under the condition having
regard to actual potential hazards existing on the highway or other place
(b)
Without due care and attention
(c)
Without reasonable consideration for the other persons
(d)
In a manner that is dangerous to the public
(e)
If the person suffers from a disease or any disability which might cause driving of a
vehicle to be a source of danger to another person(s).
18. If a driver refuses to give his name and address or gives a false name or address to any person
having reasonable grounds for requiring the same or if any other driver refuses to give his
name and address to an officer or constable who asks for same that person is guilty of an
offence under these regulations.
19. Subject to these regulations, a person shall not operate a vehicle on a designated trail or any
other place within the town limits unless the vehicle is registered.
20. Every vehicle shall be equipped with a noise muffler or other noise-reducing equipment which
shall be in good working condition and which shall prevent excessive or unusual noise, and o
person shall equip a vehicle with a muffler cut-off, or other device which has the effect of by-
passing or reducing the efficiency of such noise-reducing equipment.
21. No person shall drive or operate a vehicle in such a manner as to constitute a danger or hazard
to the operators or passengers of other vehicles being operated within the same area or where
persons are engaged in any outdoor recreational activity so as to create a hazard to or
endanger these persons or the property.
34
22. The Council or agency designated by the Council may cause to have erected warning,
cautionary, directional, limiting, prohibiting or other signs respecting the operation of vehicles
and the operator of any vehicle who fails to obey such signage is guilty of f an offence under
these regulations.
23. An Enforcement Officer or Emergency Response Unit may use or cause to be used a vehicle in a
prohibited area where such intended use is to enforce these regulations and perform an
emergency service.
24. Any vehicle used in contravention of these regulations within the municipality may be seized
and impounded.
25. No person other than the operator shall ride on a vehicle unless:
(a)
the vehicle is designated and equipped by the manufacturer to carry more than one
person;
(b)
the person other than the operator rides on a seat attached to the vehicle and designed to
carry a passenger.
26. A person who operates a vehicle shall not permit another person to ride on it in violation of
subsection 25 (a) (b).
27. A person shall not operate or ride as a passenger on a vehicle where the vehicle is not equipped
with a windshield that is of a height to afford adequate protection to the eyes. The operator
shall wear a face shield, safety glasses or goggles.
28. When requested o do so by an enforcement officer the owner or operator of a vehicle shall
procure proof that a policy of insurance is in force with respect to the vehicle.
29. For the purpose of Section 28 the submission of an insurance policy must be made to the
enforcement officer with forty-eight hours of the request of the officer.
30. Any person who fails to obey a signal or direction of a constable or officer given for the
purpose of these regulations is guilty of an offence.
31. Council may issue a permit of the use of an ATV on a highway within the jurisdictional area of
the municipality and may set a permit fee as deemed appropriate by the Council.
32. Subject to Section 31, the following provisions will apply:
(a)
The individual/organization must apply in writing to the Council for a permit.
(b)
The vehicle can only be used on the trail/parade route designated by Council.
(c)
All conditions of these regulations must be met.
33. In accordance with Sections 420 and 421 of the Municipalities Act every person who fails to
comply with or otherwise contravenes any of these regulations is guilty of an offence and is
liable on summary conviction to:
35
(a)
For the first offence to a fine of not less than $100.00 and not more than $500.00 or to a
term of imprisonment of not more than one month or both the fine and imprisonment;
(b)
For a subsequent offence to a fine of not less than $500.00 and more than $1000.00 or to
a term of imprisonment of not more than 3 months or to both the fine and imprisonment
36
Municipal Development Standards Regulations
Pursuant to the powers conferred under section 414 (2) (a) of the Municipalities Act, 1999 and all
other powers it enabling, the Bishop's Falls Town Council, during a public meeting convened on
June 21, 2011, hereby passes and enacts the following Municipal Development Standards
Regulations governing the development of underground water and sewer, sewage lift stations,
municipal roads, curb, sidewalks, and storm sewer.
By-law
1
These regulations may be cited as the Municipal Development Standards Regulations 2011.
2
These regulations shall apply within the municipal boundaries of the Town of Bishop's Falls.
Definitions
3
In these regulations unless the context otherwise requires;
(a) "Town" means the Town of Bishop's Falls as incorporated by the Municipalities Act, 1999,
and amendments thereto, and includes the Council as defined by the Act.
(b) "Municipal Standards" means the development standards and specifications contained in
the Municipal Water, Sewer, and Roads Specifications Book, and any amendments thereto, as
published by the Department of Municipal Affairs.
General Regulations
4
Underground water and sewer work, sewage lift stations, municipal roads, curb, sidewalks and
storm sewers shall be developed in accordance with Municipal Standards.
5
A person intending to develop underground water and sewer, sewage lift stations, municipal
roads, curb, sidewalks, and/or storm sewers must obtain a permit from Council, in accordance
with the Town of Bishop's Falls Development Regulations, before undertaking such
development.
6
A person developing underground water and sewer, sewage lift stations, municipal roads,
curb, sidewalks, and/or storm sewers shall ensure, at the person's expense, the development is
carried out in accordance with Municipal Standards.
General Regulations - Subdivision
7
In addition to other requirements under the Town of Bishop's Falls Development Regulations, a
person applying to develop a subdivision must obtain approval to do so from the Department
of Government Services and any other authority having jurisdiction over the development
before a subdivision permit can be issued.
8
A person authorized to develop a subdivision in accordance with the Town of Bishop's Falls
Development Regulations (hereinafter referred to as the 'developer') shall be responsible for
the provision of all development materials.
37
9
A developer shall, no later than sixty (60) days after the subdivision is completed, submit to
the Town all "as-built" drawings and maintenance documents. To ensure the work was
completed in accordance with the subdivision permit and Municipal Standards, the Town shall
engage, at the expense of the developer, a third party engineer to assess the development.
Where deficiencies are noted, the developer shall be responsible for all cost associated with
bringing the development into compliance with the subdivision permit and Municipal
Standards.
10 For a period of twelve (12) months following the completion of the subdivision, the developer
shall be responsible for all maintenance and repairs to the underground water and sewer
work, sewage lift stations, municipal roads, curb, sidewalks and storm sewers.
11 All lands and building lots must be accessible.
12 The paving of subdivisions shall be completed after 50% of the lots are sold or one (1) year
from the start of construction, whichever comes first. In the event the developer does not
commence paving in accordance with this section, the Town shall undertake to have the road
paved at the developer's expense.
13 Curb, gutter and storm sewer shall be included in all subdivision developments. Where the
subdivision is located on an existing street, the Town may require a cash deposit to be made in
the amount recommended by the Town Engineer to adequately cover cost to develop curb,
gutter and storm sewer. This deposit will be in lieu of completing the curb, gutter and storm
sewer.
14 A Performance Bond in the amount of 50% of the value of the proposed works, and as verified
by the Town Engineer, will be issued to the Town prior to the issuance of any permits.
15 Any engineering costs associated with the fulfilment of these regulations to the satisfaction of
the Town shall be the responsibility of the developer.
Repeal and Commencement
16 The Town of Bishop's Falls Development Regulations, enacted under section 414 (2) (a) of the
Municipalities Act, 1999, and any amendments there to are hereby repealed.
17 These regulations shall come into force on June 21, 2011.
38
Noise/Nuisance Regulations
Pursuant to authority conferred under Section 414 {2} {ee} of the Municipalities Act, S.N. 1999
Chapter M-24, The Town Council of the Town of Bishop's Falls in the province of Newfoundland
have adopted the following regulations.
1.
These regulations may be cited as the Town of Bishop's Falls Noise/Nuisance Regulations.
2.
In these regulations unless the context otherwise requires:
(a)
"Act" means the Municipalities Act, S.N. 1999, Chapter 24.
(b)
"Council" means the Town Council of Town of Bishop's Falls.
(c)
"Municipality" means the Town of Bishop's Falls as defined by Paragraph 2 of Order-in-
Council dated the 8th day of January A.D., 1962 and made under the Municipalities Act
S.N., C33, as amended.
(d)
"Constable" means a member of the Royal Canadian Mounted Police (RCMP).
(e)
"Enforcement Officer" means a person appointed under Section 184 of the Act.
3.
INTENTION
(a)
No person shall create a noise within the Municipality, through the use of fire-arms,
fireworks, or other similar noise-making devices except as may be approved by Council
and subject to the approval of law enforcement and/or other regulatory agencies.
(b)
No person shall create a noise within the municipality, through the use of shouting or
noise-making devices, for the purpose of selling wares, soliciting business or attracting
attention, except as may be approved by Council.
(c)
No person shall create a noise with the municipality, through the use of motor vehicle
horns, except as may be reasonable necessary for the safety and warning of traffic and d
pedestrians.
(d)
No person shall use, within the municipality, a lawnmower, chainsaw, snowmobile or
other machinery or equipment which may disturb the peace and quiet of a
neighbourhood between the hours of 10:00 PM of any day to 6:00 AM of the following
day, except as may otherwise be approved by Council.
(e)
No person shall create a noise with the municipality, through the use of a motor vehicle
that has no muffler of a defective muffler, except as may be necessary, to move such
motor vehicle to a location for associated repairs, subject to approval of law enforcement
officials under the Highway Traffic Act.
(f)
No person shall create a noise within a municipality, through the squealing of tires of a
motor vehicle which is caused by unnecessary braking, turning or setting in motion of
such motor vehicle.
(g)
No person shall, in the Town, operate or cause or permit to be operated any public
address system, gramophone, radio or other device or apparatus for reproducing or
amplifying sound, the sounds of which are capable of being heard on any street or
neighboring property in the Town, without having first received a licence therefore from
the Council as hereinafter provided.
(h)
Items (a) to (h) herein referred apply also to business premises, where applicable, and
their agents/employees.
39
4.
EXEMPTION
Nothing in these regulations shall be deemed to prohibit:
(a)
The sounding of any bell, horn, siren, warning device of any vehicle where the law
requires or when responding to an emergency.
(b)
The ringing of church bells or chimes.
(c)
The sounding of motor vehicle horns in the wedding procession or in parades permitted
by Council.
5.
PENALTY
In accordance with Sections 420 and 421 of the Municipalities Act, every person who fails to
comply with or otherwise contravenes any of these regulations is guilty of an offence and is
liable on summary conviction to
(a)
For the first offence to a fine of not less than $100.00 and more than $500.00 or to a term
of imprisonment of not more than one month or to both the fine and imprisonment;
(b)
For a subsequent offence to a fine of not less than $500.00 and more than $1000.00 or to
a term of imprisonment of not more than 3 months or to both the fine and imprisonment.
These regulations shall come into effect immediately.
40
CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION
1021/96
Occupancy and Maintenance Regulations
under the
Urban and Rural Planning Act
(O.C. 96-201)
Under the authority of section 63 of the Urban and Rural Planning Act and the Subordinate
Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following
regulations.
REGULATIONS
Short title
1.
These regulations may be cited as the Occupancy and Maintenance Regulations.
CNR 1021/96 s1
Definitions
2.
In these regulations
(a)
"Act" means the Urban and Rural Planning Act ;
(b)
"building line" means a line established by the enforcement authority to set the
horizontal distance between the closest point of a building and the street line;
(c)
"composting" means the storage and controlled biochemical decomposition of
vegetables, fruit or garden waste;
(d)
"enforcement authority" means the authorized administrator or the municipal
council having jurisdiction in the area designated by the minister; and
(e)
"minister" means the minister appointed under the Executive Council Act to
administer the Act.
CNR 1021/96 s2
Application
3.
These regulations shall apply to those municipalities or municipal planning areas listed in
the Schedule.
CNR 1021/96 s3
Occupancy
4.
(1) A person shall not occupy for human habitation or otherwise, or be the owner of, permit
to be occupied for human habitation or otherwise, a dwelling or structure which does not
conform to the standards set out in these regulations.
(2)
All new dwellings and structures, all existing vacant dwellings and structures and a
dwelling or structure which becomes unoccupied and not maintained for a length of time,
shall require an occupancy permit issued by the enforcement authority before the proposed
occupancy occurs.
(3)
Notwithstanding subsections (1) and (2), temporary departures from existing
properties for annual vacation, work related purposes, education, health reasons,
temporary duty elsewhere, or business trips, shall not be considered as vacancies under
these regulations.
CNR 1021/96 s4
41
Maintenance
5.
All properties in the areas listed in the Schedule including land, buildings, structures,
dwellings, fences, sheds, garages, parking lots, driveways, landscaping and all
appurtenances shall be maintained in a state of good condition and repair in accordance
with the standards set out in these regulations and as otherwise ordered by the
enforcement authority.
CNR 1021/96 s5
Structural soundness
6.
Structural components of all buildings and dwellings shall be
(a)
free from deterioration, loose jointing, sagging, bulging and excessive deflection;
and
(b)
capable of sustaining safely the weight of the structure or dwelling and a load to
which it may be normally subjected.
CNR 1021/96 s6
Property drainage
7.
All occupied land shall be provided with adequate surface water drainage over the whole
area of the property to prevent ponding and to prevent run-off to adjacent properties with
suitable arrangements for the disposal of surface water without eroding or flooding.
CNR 1021/96 s7
Fire prevention
8.
(1) All buildings and dwellings shall meet the requirements of those local, provincial and
national fire regulations that may be applicable.
(2)
A building or dwelling shall not be permitted to be occupied if it is a potential fire
hazard due to its location, construction, contents or another reason and all those structures
or dwellings shall be made to conform to the appropriate codes and standards as adopted
by the enforcement authority before occupancy is permitted.
(3)
An occupied structure that is considered a fire hazard may be ordered vacated by
the enforcement authority until the applicable deficiencies have been corrected by the
owner.
(4)
Smoke alarms conforming to the standards set out in the National Building Code
shall be installed in every dwelling unit and in accordance with the requirements of the
National Building Code, in all other buildings
CNR 1021/96 s8
Pest control
9.
(1) Every structure and dwelling shall be kept free of rodents, vermin and insects and
appropriate extermination measures shall be taken when ordered by the enforcement
authority.
(2)
Extermination measures ordered under subsection (1) shall be at the owner's
expense.
CNR 1021/96 s9
Dampness
10.
The basement, attic space, floors, ceilings, crawl space and cellar of every building and
dwelling unit shall be kept free from dampness, moisture, condensation and interior sweat
so as to prevent rot and the development of mildew or other health hazard.
CNR 1021/96 s10
42
Basement habitable rooms
11.
A room in the basement of a building or dwelling shall not be used as a habitable room
unless
(a)
the finished floor of that room is not more than an average depth of 1,143
millimetres below the finished grade of the property;
(b)
the room is ventilated;
(c)
all walls below grade are effectively damp-proof resulting in a dry interior
condition; and
(d)
the interior of the basement wall is properly insulated and finished.
CNR 1021/96 s11
Exterior walls
12.
(1) Exterior walls and their components shall be adequate to support loads upon them and
shall be maintained to prevent their deterioration from any cause.
(2)
Exterior cladding or covering must be reasonably durable and be maintained in
accordance with the standards set out in these regulations and as otherwise determined by
the enforcement authority.
CNR 1021/96 s12
Exits
13.
(1) A single exit is permitted from the ground floor of a dwelling unit provided
(a)
the exit is to the exterior at or near ground level; and
(b)
it provides a safe, continuous and unobstructed means of egress.
(2)
Dwelling units which do not meet the requirements of subsection (1) shall have 2
exits.
(3)
Buildings other than dwelling units shall comply with the building code with
respect to exit provisions.
CNR 1021/96 s13
Exterior doors
14.
(1) Existing doors and frames shall be in sound condition, well fitted and operate
satisfactorily.
(2)
At least one entrance door in every unit shall be capable of being locked from both
inside and outside.
(3)
All exterior doors shall be weather-stripped or have an appropriate combination of
storm and screen door suitable for all year use.
Porches and stairs
15.
All porches, balconies, landings, stairs and handrails shall be well constructed and free from
defects which may constitute a safety hazard.
CNR 1021/96 s15
Roofs
16.
(1) All roof construction components shall provide adequate support for all probable loads
and form a suitable base for the roof covering.
(2)
A roof including the fascia board, soffit, cornice and flashing shall be maintained in a
watertight condition so as to prevent leakage of water into the dwelling.
CNR 1021/96 s16
43
Fireplaces
17.
All fireplaces, fuel burning equipment and chimneys shall be maintained in a safe, efficient
condition.
CNR 1021/96 s17
Floors
18.
(1) All floors shall be constructed and maintained so as to adequately accept the applied
loads without undue deflection and damage.
(2)
Defective or excessively worn, deteriorated, cracked, or torn finishes shall not be
permitted by the enforcement authority.
CNR 1021/96 s18
Interior walls and ceilings
19.
(1) Every wall and ceiling finish shall be maintained free from holes, loose or deteriorated
coverings or other defects which may increase the spread of fire.
(2)
Where fire resistant walls exist between separate dwelling units, they shall be
maintained in a condition which retains their fire resistant quality.
CNR 1021/96 s19
Heating and weatherproofing
20.
(1) All buildings and dwelling units shall be weatherproof and insulated so as to be capable
of being adequately heated with a reasonable consumption of fuel.
(2)
Heating equipment in every building and dwelling shall be in good working order
and in good repair, free from fuel leaks and other defects and shall be non-hazardous to the
occupants, in the opinion of the enforcement authority.
(3)
Fuel storage equipment, supports and piping shall meet the requirements of the
applicable regulations.
CNR 1021/96 s20
Plumbing
21.
(1) All plumbing, drain pipes, water pipes, water closets, sinks and other plumbing fixtures
in a building or dwelling shall be maintained in good order and repair in accordance with
the requirements of the enforcement authority.
(2)
Where necessary due to the nature of the construction of the unit, all water pipes
subject to the possibility of freezing shall be insulated, heated or otherwise protected.
(3)
All plumbing fixtures shall have suitable traps installed and all plumbing systems
shall be properly vented to the outdoors.
CNR 1021/96 s21
Electrical
22.
(1) The electrical service, distribution equipment, wiring, equipment and appliances used
in a building or dwelling unit shall be installed and maintained in accordance with the
requirements of the Newfoundland and Labrador Hydro Corporation.
(2)
Exposed, loose wiring, broken or damaged switches or outlet covers or damaged
fixtures shall not be permitted by the enforcement authority.
CNR 1021/96 s22
44
Washroom facilities
23.
(1) Every dwelling unit shall be provided with at least one kitchen sink, washbasin, water
closet and bathtub or shower which
(a)
is in good working order;
(b)
is connected to a piped water supply; and
(c)
has an acceptable means of sewage disposal.
(2)
Every dwelling unit shall have provisions for a constant supply of both hot and cold
water.
(3)
Hot water tanks shall be insulated and equipped with automatic temperature
control.
(4)
All plumbing fixtures shall operate properly and shall be free from leaks.
CNR 1021/96 s23
Kitchen facilities
24.
(1) Every dwelling unit shall contain a kitchen area equipped with a sink, served with hot
and cold running water, storage facilities and a counter top work area.
(2)
Each kitchen or working area shall be provided with at least one operable window
or skylight opening to the external air and having an area of not less than 10% of the net
floor area of the room, or with a mechanical system of ventilation satisfactory to the
enforcement authority.
CNR 1021/96 s24
Washrooms
25.
(1) All washrooms, including toilets and bathrooms, shall be
(a)
located within and shall be accessible from within the building; and
(b)
fully enclosed and in the case of a public building, have a lockable door to provide
privacy.
(2)
Every washroom, toilet and bathroom shall be provided with
(a)
at least one operable window or skylight opening to the external air and having an
area of not less than 10% of the floor area of the room; or
(b)
a mechanical system of ventilation satisfactory to the enforcement authority.
CNR 1021/96 s25
Lighting and ventilation of habitable rooms.
26.
(1) Every habitable room in a dwelling unit shall contain one or more operable windows.
(2)
Windows required under subsection (1) shall open directly to the outside air and
the total area of window or windows in every habitable room shall not be less than 10% of
the floor area of that room.
(3)
All window sashes shall be glazed and provided with suitable hardware.
CNR 1021/96 s26
Sleeping rooms
27.
(1) A room shall not be used for sleeping purposes unless it has a floor area of at least 6
square metres.
(2)
Where more than one individual at least 12 years of age uses a room for sleeping
purposes, it shall have at least 12 cubic metres of air space and 5 square metres of floor
space.
(3)
Where an individual less than 12 years of age uses a room for sleeping purposes, it
shall have at least 6 cubic metres of air space and 3 square metres of floor space.
CNR 1021/96 s27
45
Cooking prohibited in sleeping rooms
28.
Where more than 2 persons occupy a dwelling unit, food shall not be prepared in a room
used for sleeping purposes.
CNR 1021/96 s28
Overcrowding
29.
The number of persons in a building or part of a building shall not exceed the numbers
permitted under the Fire and Life Safety Code or another code or standard adopted by the
enforcement authority.
CNR 1021/96 s29
Storage space
30.
Every dwelling unit shall have general storage and closet space as required by applicable
housing regulations or as determined by the enforcement authority.
CNR 1021/96 s30
Enclosed space access
31.
(1) An access opening of at least 600 millimetres by 750 millimetres shall be provided
when required to attics, crawl spaces and other enclosed spaces.
(2)
Where mechanical equipment is enclosed, the access opening shall be sufficiently
large to permit the removal and replacement of the equipment.
(3)
Enclosed attic, roof and crawl spaces shall be vented to the exterior of the structure.
CNR 1021/96 s31
Walkways, driveways
32.
Steps, walks, driveways, parking spaces and similar areas of a yard shall be adequately lit
and maintained to afford safe passage under normal use and weather conditions.
CNR 1021/96 s32
Fences
33.
(1) A fence shall not extend in front of the building line where it would reduce the visibility
of vehicles entering or exiting a street or intersection.
(2)
Fences, barriers and retaining walls shall be kept in good repair and free from
accident hazards.
(3)
Subsection (1) does not apply to hedges, walls or ornamental fences not exceeding
750 millimetres in height.
CNR 1021/96 s33
On site storage
34.
(1) The storage of materials or equipment on the site of a building or dwelling unit shall be
at the rear of the lot.
(2)
All items shall be neatly arranged and shall not cause inconvenience or imposition
to adjoining properties.
(3)
Storage space on corner lots shall be screened.
CNR 1021/96 s34
Debris prohibited
35.
Land shall be free from debris including a vehicle, trailer or object which is in a wrecked,
discarded or abandoned condition.
CNR 1021/96 s35
46
Landscaping
36.
(1) Land shall be protected by suitable ground cover which prevents erosion of the soil.
(2)
Plants and vegetation shall be kept trimmed so as not to be unsightly to
neighbouring property.
CNR 1021/96 s36
Rubbish disposal
37.
(1) All garbage, rubbish, waste and other debris from residential properties shall be
(a)
promptly stored in regulation receptacles; and
(b)
made available for removal in accordance with the standards approved by the
enforcement authority.
(2)
Subsection (1) does not apply to composting.
CNR 1021/96 s37
Composting container
38.
All composting must be carried out in a suitably maintained container which
(a)
may be commercially or owner constructed;
(b)
must be rodent proof; and
(c)
must be properly vented.
CNR 1021/96 s38
Manner of composting
39.
All composting shall be carried out in a manner that neither attracts rodents, flies or
animals nor causes an unpleasant odour and shall be maintained so as not to be a nuisance
to neighbouring properties.
CNR 1021/96 s39
Container location
40.
Composting containers shall be located in the rear yard no closer than one metre to a lot
line.
CNR 1021/96 s40
Powers of enforcement authority
41.
(1) The enforcement authority may direct the owner of a dwelling unit or building which
does not conform to the standard
(a)
to undertake work to make the dwelling unit or building conform to the standard;
(b)
to demolish all or part of a building or dwelling or structure or erection forming a
part of the building or dwelling; or
(c)
to clean and paint as required to provide a satisfactory condition of appearance and
cleanliness, within the time that the enforcement authority may specify.
(2)
Every owner shall carry out the directions of the enforcement authority referred to
in subsection (1).
CNR 1021/96 s41
Failure to comply
42.
(1) If an owner does not comply with the directions of the enforcement authority, the
enforcement authority may
(a)
order the necessary work to be done to make the dwelling or building conform to
the standards and recover the cost from the owner; or
(b)
order the demolition of the building.
47
(2)
The owner shall carry out the demolition referred to in paragraph (1)(b) but if the
owner does not comply with the order, the enforcement authority may carry out the
demolition through its officers, agents, employees or contractors and recover the cost of so
doing as a civil debt from the owner.
CNR 1021/96 s42
Conflict
43.
Where a provision of this regulation conflicts with a provision of another Act or regulation
in force in the planning area concerned, the provisions that established the higher standard
to protect the health, safety and welfare of the general public shall prevail.
CNR 1021/96 s43
Penalty
44.
A person who contravenes a provision of this regulation shall, upon conviction, be liable to
the penalties imposed by section 106 of the Urban and Rural Planning Act, 2000.
2008 c47 s13
Appeal
45.
(1) A person or corporation aggrieved by a decision made under these regulations may
appeal to the appropriate appeal board within 30 days of the date of the decision appealed.
(2)
The enforcement authority shall provide the aggrieved with a written statement of
the exact procedures to be followed.
CNR 1021/96 s45
Repeal
46.
The following regulations are repealed:
(a)
Town of Arnold 's Cove Occupancy and Maintenance Regulations, 1993,
Newfoundland Regulation 210/93;
(b)
Town of Avondale Occupancy and Maintenance Regulations, 1988, Newfoundland
Regulation 46/88;
(c)
Community of Berry Head Occupancy and Maintenance Regulations, 1979,
Newfoundland Regulation 155/80;
(d)
Bishop's Falls Occupancy and Maintenance Regulations, 1978, Newfoundland
Regulation 41/78;
(e)
Town of Bonavista Occupancy and Maintenance Regulations, 1984, Newfoundland
Regulation 181/84;
(f)
Burin Occupancy and Maintenance Regulations, 1983, Newfoundland Regulation
201/83;
(g)
Town of Carbonear Occupancy and Maintenance Regulations, 1984, Newfoundland
Regulation 66/84;
(h)
Town of Channel - Port aux Basques Occupancy and Maintenance Regulations,
1986, Newfoundland Regulation 189/86;
(i)
Town of Conception Bay South Occupancy and Maintenance Regulations, 1985,
Newfoundland Regulation 202/85;
(j)
City
of
Corner
Brook
Occupancy
and
Maintenance
Regulations,
1986,
Newfoundland Regulation 247/86;
(k)
Deer Lake Occupancy and Maintenance Regulations, 1983, Newfoundland
Regulation 125/83;
(l)
Town of Dover Occupancy and Maintenance Regulations, 1985, Newfoundland
Regulation 116/85;
48
(m)
Gambo Occupancy and Maintenance regulations, 1982, Newfoundland Regulation
247/82;
(n)
Gander Occupancy and Maintenance Regulations, 1979, Newfoundland Regulation
163/79;
(o)
Town of Happy Valley - Goose Bay Occupancy and Maintenance Regulations, 1977,
Newfoundland Regulation 1030/78;
(p)
Town of Harbour Grace Occupancy and Maintenance Regulations, 1984,
Newfoundland Regulation 272/84;
(q)
Town of Harbour Main - Chapel's Cove - Lakeview Occupancy and Maintenance
Regulations, 1984, Newfoundland Regulation 102/84;
(r)
Town of Holyrood Occupancy and Maintenance Regulations, 1984, Newfoundland
Regulation 94/84;
(s)
Local Improvement District of Kippens Occupancy and Maintenance Regulations,
1979, Newfoundland Regulation 1/80;
(t)
Labrador City Occupancy and Maintenance Regulations, 1982, Newfoundland
Regulation 245/82;
(u)
Town of Logy Bay - Middle Cove - Outer Cove Occupancy and Maintenance
Regulations, 1989, Newfoundland Regulation 142/89;
(v)
City of Mount Pearl Occupancy and Maintenance Regulations, 1994, Newfoundland
Regulation 45/94;
(w)
Town of Northern Arm Occupancy and Maintenance Regulations, 1989,
Newfoundland Regulation 167/89;
(x)
Town of Paradise Occupancy and Maintenance Regulations, 1986, Newfoundland
Regulation 49/86;
(y)
Town of Pasadena Occupancy and Maintenance Regulations, 1978, Newfoundland
Regulation 1074/78;
(z)
Town of Pouch Cove Occupancy and Maintenance Regulations, 1984, Newfoundland
Regulation 42/84;
(aa)
Town of St. George's Occupancy and Maintenance Regulations, 1988, Newfoundland
Regulation 250/88;
(bb)
Town
of
Stephenville
Occupancy
and
Maintenance
Regulations,
1976,
Newfoundland Regulation 1116/78;
(cc)
Trepassey Occupancy and Maintenance Regulations, 1985, being Newfoundland
Regulation 239/85; and
(dd)
Town of Wabush Occupancy and Maintenance Regulations, 1984, Newfoundland
Regulation 273/84.
49
Schedule
Town of Arnold 's Cove
Town of Avondale
Town of Bay Roberts
Town of Bishop 's Falls
Town of Bonavista
Town of Burin
Town of Carbonear
Town of Channel - Port aux Basques
Town of Clarenville
Town of Conception Bay South
City of Corner Brook
Town of Deer Lake
Town of Dover
Town of Gambo
Town of Gander
Town of Glovertown
Town of Grand Falls - Windsor
Town of Happy Valley - Goose Bay
Town of Harbour Grace
Town of Harbour Main - Chapel's Cove - Lakeview
Town of Holyrood
Town of Kippens
Town of Labrador City
Town of Logy Bay - Middle Cove - Outer Cove
Town of Marystown
City of Mount Pearl
Town of Norman 's Cove - Long Cove
Town of North River
Town of Northern Arm
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Community of Port au Port East
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Town of Pouch Cove
Town of St. George's
Town of Stephenville
Town of Sunnyside
Town of Torbay
Town of Trepassey
Town of Wabush
CNR 1021/96 Sch; 29/98 s1; 62/01 s1; 2/04 s1; 36/04 s1; 78/04 s1; 48/05 s1; 110/07 s1; 107/09
s1; 24/10 s1; 76/10 s1; 97/11 s1
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Permits and Licences Processing Regulations
Pursuant to the powers conferred under section 414 (2) (tt) of the Municipalities Act, 1999 and all
other powers it enabling, the Bishop's Falls Town Council, during a public meeting convened on July
2, 2009 hereby passes and enacts the following Permits and Licences Processing Regulations
governing permits and licences issued by the Town of Bishop's Falls.
By-law
1.
This by-law may be cited as the Permits and Licences Processing Regulations.
2.
This by-law shall apply within the municipal boundaries of the Town of Bishop's Falls.
Definitions
3.
In this By-Law,
(a) "Town Clerk" means the Town Clerk of the Town of Bishop's Falls.
(b) "Town Clerk Designate" means an employee of the Town of Bishop's Falls who has been
designated by the Town Clerk to act in his/her place.
(c) "Town" means the Town of Bishop's Falls as incorporated by the Municipalities Act, 1999,
and amendments thereto and includes the Council as defined by the Act.
(d) "Department" means the Town of Bishop's Falls' Public Works Department.
(e) "Development" means the same as 'Development' under the Land Use Zoning, Subdivision,
and Advertising Regulations.
(f) "Application" means an application for a permit or licence in a form prescribed by the
Town of Bishop's Falls.
(g) "Applicant' means a person who has submitted an application for a permit or licence.
Land Use Zoning, Subdivision, and Advertisement Regulations Development Permits
4.
A person seeking a Development Permit under the Land Use Zoning, Subdivision, and
Advertisement Regulations must;
(a) Prove that he/she is the owner of the land;
(b) Submit design plans/specifications of proposed building(s);
(c) Sketch the approximate location of the building in respect to adjourning properties, power
lines, and other relevant landmarks on the application (plan view) and
(d) Submit a water drainage plan.
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5.
Buildings constructed within the Town must conform to the following standards:
(a) All buildings must be constructed in accordance with the National Building Code and all
relevant municipal regulations including, but not limited to the Land Use Zoning,
Subdivision, and Advertisement Regulations;
(b) At a minimum, foundations must be slab-on-grade or frost wall;
(c) For accessory buildings, an easement of five (5) feet from the property boundary and ten
(10) feet from any existing building must be maintained;
(d) For new dwellings, an easement of ten (10) feet from all property boundaries must be
maintained, resulting in a twenty (20) feet easement from the eaves of any residential
building. Notwithstanding the latter, where a new dwelling is constructed in an area that
has been developed in accordance with subsection 5 (e), the easements outlined in
subsection 5 (e) shall apply;
(e) For existing dwellings, an extension easement of five (5) feet from all property boundaries
must be maintained, resulting in a ten (10) easement from the eaves of any residential
building;
(f) If applicable, Weeping Tile must not be connected to sanitary sewer;
(g) Backwater valves must be installed on sanitary sewer lines in accordance with the
Canadian Plumbing Code and related revisions;
(h) Installation of water/sewer laterals must be undertaken by the permit holder and
inspected by the Department;
(i) Shutoff values must be accessible at all times. Where a shutoff valve must be relocated, the
costs associated with the relocation shall be the responsibility of the property owner; and
(j) Multi-unit/complex buildings must be constructed in accordance with municipal
regulations.
6.
Where;
(a) the Town Clerk and Department are satisfied that the application meets the standards
outlined in section 5 and other municipal regulations; and
(b) Newfoundland Power has formally notified the Town that the applicant's plans do not
encroach on power line easements;
the Town Clerk or the Town Clerk Designate may issue the applicant a Development Permit.
7.
Notwithstanding section 6, where the Town Clerk or Department believes a Development
Permit application does not conform to the standards listed in section 5 and other municipal
regulations, the Town Clerk or Department shall refer the application to Council.
8.
Notwithstanding sections 6 and 7, Development permit applications involving Council's
discretionary power as prescribed under the Land Use Zoning, Subdivision, and Advertisement
Regulations shall be referred to Council.
9.
The Town Clerk shall, on a monthly basis, provide the Public Works Standing Committee and
Council with a listing of all Development Permits issued in accordance with section 6.
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Land Use Zoning, Subdivision, and Advertisement Regulations Advertising Permits
10. Where the Town Clerk is satisfied that the applicant's adverting sign is in compliance with Part
III of the Land Use Zoning, Subdivision, and Advertisement Regulations, the Town Clerk may
issue the applicant an Advertising Permit.
11. The Town Clerk shall, on a monthly basis, provide the Public Work Standing Committee and
Council with a listing of Advertising Permits issued in accordance with section 10.
Land Use Zoning, Subdivision, and Advertisement Regulations Subdivision Permits
12. Persons seeking a Subdivision Permit under the Land Use Zoning, Subdivision, and
Advertisement Regulations must, in addition to completing an application, submit a proposal to
Council that addresses the requirements of Part IV of the Land Use Zoning, Subdivision, and
Advertisement Regulations and the Town's Development Regulations.
13. A Subdivision Permit shall not be issued by the Town Clerk until it has been approved by
Council.
Fence Regulations Permit
14. A person seeking a Fence Construction Permit under the Bishop's Falls Fence Regulations must
indicate the planned height, location, and appearance of the fence in an application.
15. Where the Town Clerk and Department are satisfied that the applicant's plans conform to the
Bishop's Falls Fence Regulations, the Town Clerk or the Town Clerk Designate may issue the
applicant a Fence Construction Permit.
16. The Town Clerk shall, on a monthly basis, provide the Public Work Standing Committee and
Council with a listing of Fence Construction Permits issued in accordance with section 15.
Business Licences
17. A person seeking a General Business Licence must submit the following information by way of
an application:
(a) A detailed explanation of the business activities;
(b) The number of employees that will be hired;
(c) The location of the business;
(d) A letter from the Department of Government Services indicating the business has been
exempt/approved as it concerns Fire/Life Safety and Building Accessibility; and
(e) Other information that may be requested by the Town Clerk and/or Council.
18. Where the Town Clerk is satisfied that the business conforms to municipal regulations, the
Town Clerk may issue the applicant a General Business Licence.
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19. A person seeking a Home Based Business Licence must submit the necessary information as
outlined in the Town's Home Based Business Regulations. This includes, but is not limited to the
following:
(a) The primary business activity;
(b) Location;
(c) Number of employees that will be hired;
(d) Advertising strategy (signs, billboards, etc);
(e) Storage facilities;
(f) Anticipated number of customers/clients per week;
(g) Customer parking requirements; and
(h) Percentage of total floor area that will be devoted to the business.
20. Where the Town Clerk is satisfied that the business conforms to the Home Based Business
Regulations, the Town Clerk may issue the applicant a Home Based Business Licence.
Noise/Nuisance Regulations Licences
21. A person seeking a Licence under section 3 of the Noise/Nuisance Regulations must submit the
following information by way of an application:
(a) The details (i.e. purpose, location, dates, times, etc) of the event(s);
(b) The equipment that will be used during the event(s).
22. Where the Town Clerk is satisfied that the applicant's plans conform to the requirements of the
Noise/Nuisance Regulations, the Town Clerk or the Town Clerk Designate may issue the
applicant a Licence under section 3 of the Noise/Nuisance Regulations.
23. A licence under the Noise/Nuisance Regulations may be issued for a period up to five (5) years.
Permit and Licence Fees
24. Fees imposed for the issuance of permits and licences shall be defined in the annual budget tax
schedule and policy.
Referral Authority
25. Notwithstanding any other section, the Town Clerk or the Town Clerk Designate may direct
any application to Council.
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Public Roads Snow Clearing Regulations
Pursuant to the powers conferred under subsection 414 (2) (nn) of the Municipalities Act, 1999 and
all other powers it enabling, the Bishop's Falls Town Council, during a public meeting convened on
May 20, 2014, hereby passes and enacts the following Public Roads Snow Clearing Regulations.
By-law
1.
This by-law may be cited as the Public Roads Snow Clearing Regulations.
2.
This by-law shall apply within the municipal boundaries of the Town of Bishop's Falls.
Definitions
3.
In this By-Law,
(a) "Highway" means a place or way, including a structure forming part of the place or way,
designed and intended for, or used by, the pubic for the passage of traffic or the parking of
vehicles and includes all the spaces between the boundary lines of the place or way, but
does not include a driveway as defined in subsection 3 (b).
(b) "Driveway" means a clearly defined private road, way, drive, path or passage or a similar
opening or space which is wide enough, but not wider than is necessary, for the passage of a
motor vehicle, which the owner, occupier or user of property has vehicular access from a
roadway to a point within the property, but does not include a public driveway as defined in
subsection 3 (c).
(c) "Public Driveway" means a driveway that
a. has three (3) or more dwellings accessing the driveway;
b. provides access to fire protection infrastructure;
c. provides access to recreation facilities that are maintained by the Town; or
d. provides access to water or sewer infrastructure that must, in the Town's
judgement, receive winter maintenance in order to prevent potential damage to
surrounding properties
(d)
"Town" means the Town of Bishop's Falls and the Council for the Town of Bishop's Falls
as established and defined by the Municipalities Act, 1999.
(e)
"Dwelling" means a residential structure that is occupied.
(f)
"Winter maintenance" includes the removal of snow and ice control.
Regulations
4.
Effective October 1, 2014 the Town shall provide winter maintenance to highways and public
driveways only. Under no circumstance shall winter maintenance be provided to driveways.
5.
The Town shall establish winter maintenance routes based on the available equipment. The
winter maintenance routes shall include highways and public driveways only.
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6.
Notwithstanding any other section in these regulations, the Town shall only provide winter
maintenance to public driveways that exist on or before June 1, 2021. No additional public
driveways shall be added to the winter maintenance routes or receive winter maintenance
after this date.
7.
Effective June 1, 2021, the Town shall only add highways to its winter maintenance routes and
provide winter maintenance where the highway;
a) is developed by the Town; or
b) is transferred to the Town in accordance with the Town of Bishop's Falls Development
Regulations (2015-2025), as amended from time to time.
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Snow Removal Regulations
Pursuant to the powers conferred under section 414 (2) (nn) of the Municipalities Act, 1999 and all
other powers it enabling, the Bishop's Falls Town Council, during a public meeting convened on
April 14, 2009, hereby passes and enacts the following Snow Removal Regulations governing the
removal of snow and ice from sidewalks, gutters, houses, yards and parking lots in the Municipality
of Bishop's Falls.
By-law
1.
This by-law may be cited as the Bishop's Falls Snow Removal Regulations.
2.
This by-law shall apply within the municipal boundaries of the Town of Bishop's Falls.
Definitions
3.
In this By-Law,
(a)
"Person" includes any owner or renter of residential and/or commercial property that
abuts a Municipal Street within the municipal boundaries of the Town of Bishop's Falls.
(b)
"Property" includes land, buildings, houses, gutters, yards, parking lots, structures,
vehicles, and any other object that is owned or rented by a person, corporation, business
or any other business entity living or operating in the municipal boundaries of the Town
of Bishop's.
(c)
"Municipal Street" means any road, alley, square, place, bridge, culvert, avenue, parkway,
parking lot, trestle, walkway or pathway, paved or otherwise, that is maintained by the
Town of Bishop's Falls for public use or any other road, alley, square, place, bridge,
culvert, street, avenue, parkway, parking lot, trestle, walkway or pathway that is
privately or public owned and is generally used by the public.
(d)
"Town" means the Town of Bishop's Falls as incorporated by the Municipalities Act, 1999,
and amendments thereto and includes the Council as defined by the Act.
(e)
"Vehicle" means a device in, upon or by which a person or thing may be transported or
drawn upon a Municipal Street.
(f)
"Municipal Enforcement Officer" means the Chief Administrative Officer, Town Clerk, or
the Public Works Supervisor.
(g)
"Driveway" means the same as defined in the Public Roads Snow Clearing Regulations in
subsection 3 (b).
4.
(a) No person shall deposit, place or leave snow or ice from a Driveway onto a Municipal Street
whether by mechanical or non-mechanical means.
(b) No person shall deposit, place or leave snow or ice from a Driveway to the side of a
Municipal Street whether by mechanical or non-mechanical means except where the side of the
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Municipal Street is undeveloped and does not contain municipal stormwater infrastructure
and/or fire hydrants.
5.
No person engaged in removing snow or ice from property shall do so in a manner that
obstructs traffic on a Municipal Street.
6.
From November 1 in one year to April 30 in the following year, no person shall park or leave a
vehicle unattended on or to the side of a Municipal Street.
7.
Where a person fails to comply with these Regulations a Municipal Enforcement Officer shall,
on authority of section 404 (1) (j) of the Municipalities Act, 1999, issue an Order to comply with
these Regulations on that person. An Order issued under this section shall prescribe;
(a)
the section of these Regulations that the person is contravening;
(b)
what the person must do to ensure compliance with these Regulations; and
(c)
a date and time that the person must become in compliance with these Regulations.
8.
Where a person fails to comply with sections 4, 5 and 6 of these Regulations the Town shall
impose a minimum service charge of $50 on that person to recover the additional costs of
removing snow or ice from that Municipal Street. Notwithstanding the latter, the Town may
impose a service charge exceeding $50.00 to recover the actual cost of removing the snow or
ice or, where the person contravenes section 6, the cost of having the vehicle removed and/or
impounded.
9.
A person who fails to comply with an Order issued under these Regulations is liable on
summary conviction;
(a)
for a first offence to a fine of not less than $100 and not more than $500 or to a term of
imprisonment of not more than one month or to both the fine and imprisonment;
(b)
for a subsequent offence to a fine of not less than $500 and not more than $1,000 or to a
term of imprisonment of not more than 3 months or to both the fine and imprisonment.
10. The Policy relating to Snow Clearing passed and adopted by Council in January 1999 and all
amendments thereto are hereby repealed
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Waste Collection and Disposal Regulations
Pursuant to the powers conferred under section 414 (2) (pp) (i) of the Municipalities Act, 1999 and
all other powers it enabling, the Bishop's Falls Town Council, during a public meeting convened on
July 20, 2010, hereby passes and enacts the following Waste Collection and Disposal Regulations
governing the disposal and collection of waste in the Municipality of Bishop's Falls.
Regulations
1.
These regulations may be known as the Bishop's Falls Waste Collection and Disposal
Regulations.
2.
These regulations shall apply within the municipal boundaries of the Town of Bishop's Falls.
Definitions
3.
In these regulations unless the context otherwise requires:
(a) "Act" means the Municipalities Act, S.N. 1999 Chapter
(b) "Town" means the Town of Bishop's Falls as incorporated by the Municipalities Act, 1999
and amendments thereto and includes the Council as defined by the Act.
(c) "Sanitary Inspector" means the Public Works Supervisor, Town Manager, or Town Clerk.
(d) "Garbage" includes all kitchen/table waste resulting from the preparation of food.
(e) "Garden Waste" includes waste material from a garden that includes grass clippings, dead
branches, bushes, weeds, plants, stones, and other small materials.
(f) "Bulk Items" includes heavy or bulky items such as but not limited to stoves, refrigerators,
dishwashers, washers, dryers, furnaces, boilers, bed springs, furniture, fencing, boxes, and
barrels.
(g) "Nuisance" means anything or any condition of things which is or may become injurious or
dangerous or presents an obstruction to pedestrians, Town employees, or vehicular traffic
or anything or any condition of things that, in the opinion of Council, has an unpleasant
effect on the senses or adversely affects the amenities of the surrounding properties.
(h) "Garbage Bag(s)" means
i.
A clear plastic bag of 1.5 gauge (1 1/2) thickness that is fastened at the top and is
at max 30" x 38" in size and is no more than 40 lbs in weight. The clear plastic bag
shall only be used for garbage and refuse but shall not include recyclable materials
such as paper fibers and mixed containers.
ii.
A transparent blue bag of 1.5 gauge (1 ½) thickness that is fastened at the top and
is at max 30" x 38"in size and is no more than 40 lbs in weight. The transparent
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blue bag shall only be used for recyclable materials such as paper fibers and mixed
containers.
(i) "Refuse" means all other waster materials not specifically defined as garbage, garden waste,
construction waste or bulk items but does not include cardboard or stove ashes.
(j) "Construction Waste" means any materials discarded during or after construction.
(k) "Garbage Can(s)" means a garbage can that is made of metal or plastic but excludes deep
freezers, refrigerators or other similar appliance units.
Waste Collection and Disposal
4.
Garbage and refuse shall be collected at least once per week on Tuesdays, Wednesdays, and
Thursdays in accordance with the schedule established by the Town in consultation with the
Central Newfoundland Waste Management (CNWA) authority.
5.
When a public or statutory holiday falls on a Tuesday, Wednesday or Thursday, the collection
schedule as defined in section 4 shall cease on the public or statutory holiday and shall resume
on the next day that is not a public or statutory holiday.
6.
Bulk items, construction waste, and garden waste shall not be disposed of or collected during
the regular collection schedule as defined in section 4.
7.
No person shall set out garbage and refuse for collection before 6:00 am on the day of
collection during the months of April to October or before 7:00 am on the day of collection
during the months of November to March.
8.
Where waste material is not collected because it fails to comply with these regulations, the
owner of the waste material shall remove the waste material from the street before 6:00 pm on
the same day that the waste material was set out for collection.
9.
No person shall set out garbage and refuse for collection except on the day designated for
collection as per section 4.
10. No person or persons shall permit any animal owned by him/her or under his/her control to
pick over, interfere, disturb, remove or scatter any material placed out for collection.
11. No household shall put out for collection more than (4) garbage bags on collection day.
Notwithstanding the latter, where a household has more than four (4) garbage bags, that
household must purchase a tag from the Town, at a cost of $2 each, for every garbage bag that
exceeds the limit prescribed herein in order for the Town or its contractor to collect the
garbage bag on collection day. Tags must be placed on the garbage bag in a conspicuous place
before they are set out for collection.
12. The Town shall not collect garbage and refuse resulting from commercial activity.
13. Every household and every operator of a business establishment shall, at their own expense,
make adequate arrangements for:
(a) the storage of garbage and refuse in receptacles that are impervious to animals; and
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(b) the removal of refuse from their premises on a weekly basis.
14. No person shall leave construction waste and refuse on a street, road, lane, drain, public or
private property outside of a building or buildings within the Town following the construction,
alteration or repair of such building or buildings.
15. A person may store garbage bags in a garbage can during the regular collection schedule and
such garbage bags shall be removed from the garbage can by Town employees and collected in
accordance with these Regulations.
16. A person shall at all times maintain a waste receptacle and garbage can in a state of good repair
and in a sanitary condition.
17. Garbage and refuse must be disposed of in a garbage bag as defined in section 3 (h).
18. No liquids shall be deposited or placed in a garbage bag.
19. No person shall deposit, throw, sweep or place garbage and/or refuse upon any street, road,
lane, drain, and public or private property unless it is enclosed in a garbage bag and set out for
collection in accordance with these regulations so not to cause a nuisance or annoyance to
others.
20. Garbage bags shall be set out for collection at the end of the real property that meets the curb
or street line.
21. Notwithstanding any other section in these regulations, the Town shall not collect:
(a) liquid waste or other organic matter which has not been properly drained or wrapped;
(b) materials or substances that are regarded as biohazards;
(c) highly combustible materials such as, but not limited to, oil, gasoline, soaked rags, gas
containers, ammunition, chemicals, acids or their residues, and derivatives or by-products;
(d) garden waste ;
(e) garbage or refuse, which has not been placed for collection in the manner provided by
these regulations;
(f) sheet iron, scrap, metal, and car bodies;
(g) animal carcasses or innards;
(h) garbage or refuse left by any builder or contractor, or owner upon any street, lane, drain,
public or private property;
(i) ashes; and
(j) nuisance materials.
Vehicles Carrying Garbage and Refuse
22. No person, firm or corporation shall transport garbage and/or refuse on any street within the
Town unless such garbage or refuse is transported in an enclosed truck or garbage bag or is
otherwise secured so that it shall not fall from the vehicle or other means of transportation
upon the street.
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Enforcement
23. Where a person fails or refuses to comply with these regulations, the Sanitary Inspector shall,
on authority of section 404 (1) (j) of the Municipalities Act, 1999, issue an order to comply with
these regulations on that person. An order issued under this section shall prescribe;
(a) the section of these regulations that the person is contravening;
(b) what the person must do to ensure compliance with these Regulations; and
(c) a date and time that the person must become in compliance with these Regulations.
24. Where a person fails or refuses to comply with these regulations, the Sanitary Inspector may
impose a service charge on that person that shall not exceed the costs of remediating the
infraction plus an administrative fee of $100.
25. A person who fails or refuses to comply with an Order issued under these Regulations is liable
on summary conviction;
(a) for a first offence to a fine of not less than $100 and not more than $500 or to a term of
imprisonment of not more than one month or to both the fine and imprisonment;
(b) for a subsequent offence to a fine of not less than $500 and not more than $1,000 or to a
term of imprisonment of not more than 3 months or to both the fine and imprisonment.
Repeal and Commencement
26. The Town of Bishop's Falls Garbage/Refuse Regulations and any amendments thereto are
repealed.
27. These regulations shall come into force on July 20, 2010
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Water Conservation Regulations
Pursuant to the powers by Sections 41A of the Municipalities Act, Chapter M-24SN 1999, the
Council of the Town of Bishop's Falls has made the following regulations:
i. "Act" means the Municipalities Act, Chapter M-24, SN 1999 and subsequent amendments.
ii. "Council" means the Council of the Town of Bishop's Falls.
iii. "Commercial Car Washes" means car washes approved by the Town of Bishop's Falls for the
purpose of washing vehicles.
iv. "Free Flowing Car Washes" means car washes which utilize the unrestricted flow of water.
v. "Residential Zones" means residential zones as designated under the town of Bishop's Falls
Municipal Plan and its Development Regulations.
vi. "The Exploits-Removal Services Board" is a voluntary Committee overseeing the provision of
treated water disposal services to its member municipalities.
vii. "Water" means water as supplied through the Town of Bishop's Falls piped water system for
the use of residential, commercial establishments and such other, use as may be approved the
Town of Bishop's Falls.
Water Conservation Regulations
The following Regulations shall apply:
(a) For the purpose of water conservation and/or support of efforts by the Exploits Regional
Services Board and municipalities served by this system the Town will restrict the watering of
lawns, and gardens.
i.
No person shall water lawns and gardens from 12:00 AM to 6:00 AM.
ii.
No person shall water lawns or gardens while it is raining.
iii.
Civic numbers ending in 1, 3, 5, 7, and 9 shall water lawns or gardens on Monday, Tuesday,
Thursday, and Saturday.
iv.
Civic numbers ending in 0, 2, 4, 6, and 8 shall water lawns on Monday, Wednesday, Friday,
and Sunday.
(b) New lawns, landscaping or major lawn repairs will be exempt from the lawn watering
restrictions for a period of sixty (60) days following the installation and plantation of new lawn
and landscaping, but only within the hours specified in Section (a).
(c) Hand watering of trees, shrubs, flowers and vegetable gardens with a water can or hose with
an automatic shut-off nozzle will be permitted at any time.
(d) The domestic washing of cars within residential zones or on residential lots will be permitted
with the use of a hose with an automatic shut-off nozzle.
(e) Car washes for fund-raising that have been approved and a permit obtained from the Town of
bishop's Falls will be permitted, subject to the use of an automatic shut-off nozzle.
(f) Siding window washing will be permitted, subject to the use of an automatic shut-off nozzle.
(g) Free flowing car washes, whether or not for the purposes of fundraising are permitted.
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(h) The cleaning of parking lot sand driveways utilizing water is prohibited on all days other than
those outlined with Section (a) Subsection (iii) (iv). The use of commercial sweeping
equipment commercial parking lots is permitted.
Exemption
Commercial car washes and commercial high pressure water uses are exempt from these
Regulations.
Enforcement
A member of the RCMP, a Town of Bishop's Falls Municipal Enforcement Officer (MEO), inspector,
or the Public Works Supervisor, or any other person designated by the Council may enforce these
Regulations.
Orders
When the opinion of a member of the RCMP, a Bishop's Falls MEO, an inspector, or any other person
designated by Council to enforce these regulations, and individual is in contravention of these
regulations, he/she will be issued an order in a form approved for sue use by the Town to comply
with these regulations and refrain from any unauthorized use of water as specified in the
regulations.
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Water and Sewer Service Connection Regulations
Pursuant to the powers conferred under section 414 (2) (z) of the Municipalities Act, 1999 SNL
1999 Chapter M-24, the Bishop's Falls Town Council during a public meeting convened on June 15,
2010, December 18, 2012, May 20, 2014, and on March 16, 2021, hereby passed, enacted, and
amended the following Water and Sewer Service Connection Regulations.
By-law
1.
These regulations may be cited as the Water and Sewer Service Connection Regulations.
2.
These regulations shall apply within the municipal boundaries of the Town of Bishop's Falls.
Definitions
3.
In these regulations unless the context otherwise requires:
(a) "Town" means the Town of Bishop's Falls as incorporated by the Municipalities Act, 1999
and amendments thereto and includes the Council as defined by the Act.
(b) "Lateral service water line" means a device connected to and running from a main water
line to real property or to a building or structure on real property for the purpose of
providing access to the water supply system.
(c) "Lateral service sewer line" means a device connected to and running from a main sewer
line to real property or to a building or structure on real property for the purpose of
providing access to the sewage system.
(d) "Freeze-up(s)" means a condition where a lateral service water line and/or a lateral service
sewer line is/are frozen.
(e) "Supervisor" means the Town's Public Works Supervisor or another Town employee
appointed by the Council, by resolution, for the purpose of administering section 9 of these
regulations.
(f) "Person" includes the owner of the property which may be an individual, a cooperation, or
the legal representative of the owner (i.e., executor, administrator, trustee, guardian or
agent appointed by the Court).
General Regulations
4.
The Town shall not be responsible or incur any costs or liabilities for the installation of a
lateral service water line or a lateral service sewer line.
5.
The Town shall not be responsible for the maintenance or upkeep of that section of a lateral
service water line or a lateral service sewer line that is located within the boundaries of the
person's real property. Where the problem with the lateral service water line or the lateral
service sewer line is found to be outside of the person's real property boundaries, the Town
shall intervene to correct the problem(s) being encountered.
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6.
A lateral service water line and a lateral service sewer line shall be installed in accordance with
the Municipal Water, Sewer, and Roads Specifications Book as published by the Department of
Municipal Affairs and any amendments thereto and other standards that may be imposed by
the Town and Province of Newfoundland and Labrador.
7.
A person intending to install a lateral service water line and a lateral service sewer line shall
obtain a permit from Council in accordance with the Town of Bishop's Falls Development
Regulations.
8.
There shall be only one (1) lateral service water line and only (1) lateral service sewer line per
real property unless otherwise approved by the Town.
9.
(a) A person shall not bury a lateral service water line or a lateral service sewer line until it
has been inspected by the Supervisor to ensure compliance with these regulations.
(b) Where a lateral service water line or a lateral service sewer line has been installed in
accordance with these regulations, and it has been inspected by the Supervisor in
accordance with section 9 (a), the Supervisor shall issue a certificate confirming
compliance. The compliance certificate shall be issued to the person who obtained the
permit to install the lateral service sewer line or the lateral service water line.
(c) The Supervisor shall retain a duplicate copy of compliance certificates issued under
section 9 (b) and shall also provide a copy to the Town Clerk.
(d) Notwithstanding any other section in these regulations, including but not limited to
section 5, the Town shall not be responsible for the maintenance or upkeep of any
section or component of a lateral service water line or a lateral service sewer line where
the person did not comply with section 9 of these regulations and obtain a certificate
confirming compliance from the Supervisor.
(e) Lateral service water lines and lateral service sewer lines installed on or before March
31, 2021, are exempt from section 9 of these regulations.
10. A person installing a lateral service water line or a lateral service sewer line must ensure the
lateral service water line or the lateral service sewer line is installed in accordance with the
Municipal Water, Sewer, and Roads Specifications Book as published by the Department of
Municipal Affairs and any amendments thereto and other standards that may be imposed by
the Town and Province of Newfoundland and Labrador.
11. Where a person or contractor in the process of developing land, erecting a building, altering a
building, installing service lines or for any reason whatsoever cuts, breaks or interferes with a
hydrant, water main, sewer main, water pipe, curb, stop, valve box, shutoff valve or any part of
the system with or without the permission of Council, the person or contractor shall be liable
for the cost of repairs to the system.
12. Where a person fails to repair damage to his/her lateral service water line or a lateral service
sewer line in a reasonable amount of time and the damage is compromising the integrity of the
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water and/or sewer system, the Town may undertake to repair the damage to the lateral
service water line or the lateral service sewer line at the person's expense.
13. Notwithstanding any other section in these regulations, under no circumstances shall the Town
be responsible to repair freeze-ups.
Commencement
14. These regulations shall come into force on June 15, 2010.
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Taxi Regulations
Pursuant to authority conferred under Section 414 {2} {i to vi inclusive} of the Municipalities Act,
S.N. 1999 Chapter M-24, the Town Council of the Town of Bishop's Falls in the province of
Newfoundland has adopted the following regulations:
1.
These regulations may be cited as the Town of Bishop's Falls Taxi Regulations.
INTERPRETATION
2.
For the purpose of these Regulations, unless the context otherwise required:
(a)
"Act" shall mean the Municipalities Act, S.N. 1999, Chapter 24.
(b)
"Applicant" shall mean a person as herein defined presenting to or filing with the Council,
an application for a license pursuant to these Regulations or causing such application to
be presented or filed on their behalf.
(c)
"Council" shall mean the Town Council of the Town of Bishop's Falls.
(d)
"Cruise" or "Cruising" shall mean the driving of a taxicab on, over or along the streets,
highways or public places of the Town soliciting prospective passengers for
transportation in a taxicab for compensation.
(e)
"Driver" shall be held to include all persons holding a taxicab driving license in charge of
the operation or driving of a taxicab as owner, agent, licensee, servant or employee of a
owner.
(f)
"Holder" shall mean an owner or driver who presently holds a license.
(g)
"Hire" or "Compensation" shall mean and include any money, thing of value, payment,
consideration, reward, tip, profit, donation or gratuity paid to, accepted or received by
the owner or driver of any vehicle in exchange for transportation of a person or persons
whether paid up on solicitation, demand or contract or voluntarily, or intended as a
gratuity or donation.
(h)
"Inspector" shall mean the person or persons appointed by the Council to supervise all
vehicles and persons licensed under these Regulations and to enforce compliance with
the provisions of these Regulations.
(i)
"License" shall mean Taxicab Operating License or a Taxicab Driving License issued
pursuant to these Regulations.
(j)
"Owner" shall be held to include all persons holding a Taxicab Operating License such
that such person has direction,, maintenance and benefit of the collection of revenue
derived from the operation of any taxicab or taxicabs whether as owner, lessee, licensee
or bailee or in possession under any conditional sale or hire purchase agreement.
(k)
"Person" shall mean and include a person, a firm, partnership, corporation or company.
(l)
"Suburban Taxicab" shall mean a taxicab used or employed in the transportation of
passengers to or form a pint in the Town, to or from any place situated outside the limits
of the Town.
(m) "Taxicab" shall mean a vehicle commonly described as a four door sedan used for
conveying or for the conveyance or transportation of passengers for hire and designed to
carry not more than six {6} seated adults or equivalent including the driver and shall
include other vehicles operating to carry passengers in exchange for fare.
(n)
"Taxicab Operating License" means a license issued by the Council to operate a taxicab
which shall be in the form of Form A, hereto annexed, which Form A is to be taken as part
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and parcel of these Regulations or in such other form as the Council may from time to
time prescribe.
(o)
"Taximeter" or "Meter" shall mean and include a mechanical instrument or device
attached to a taxicab by which the charge for hire of the Taxicab is mechanically
calculated, either for distance traveled or for waiting or for both, and upon which such
charge is plainly registered by means of figures indicating dollars and cents and having
attached thereto a flag which will show if the Taxicab is or is not hired.
(p)
"Transfer" shall mean any sale, assignment, transfer, mortgage or other charge of
alienation whatsoever of any license.
(q)
"Transferee" or "Meter" shall mean the person to whom any transfer of any Taxicab
Operating License or a Taxicab Driving License is made or is proposed to be made.
(r)
"Town Clerk" means the Town Clerk or the Manager/Clerk of the Town of Bishop's Falls.
(s)
"Town" shall mean the Town of Bishop's Falls as defined in the Order-In-Council dated
November, 1961, A.D., and continued as a Town under the said Act.
3.
The provision of these Regulations shall apply to all Taxicabs for hire, used or operated within
the Town and to owners and drivers of all such taxicabs.
4.
The Owner of any Taxicab shall not for hire therewith or use or operate the same or cause to
allow the same to be used or operated within the Town with a Taxicab Operating License.
5.
Every application for a License or a Transfer shall be made in writing to the Council on Form
"A" and shall
(a)
comply with these Regulations in all respects;
(b)
set forth the name, age and address of the applicant, or, if a corporation, its name, date
and place of incorporation, address of its principal place of business and the names of its
officers, together with their respective addresses, or if a partnership, association or
unincorporated company, then the names of the partners comprising the partnership,
association or company together with their respective ages and addresses, and also state
the trade name or style, if any, under which the Applicant proposes to operate; full
information pertaining to the extent, character, and qualify of the proposed operations
and the manner in which such proposed operations are to be conducted, the type, model,
capacity and condition of the Taxicab or Taxicabs proposed to be operated;
(c)
contain such other information as the Council may require to enable it to form an opinion
as to the fitness of the Applicant or Transferee for the License for which the applications
is made or to ensure compliance with these Regulations;
(d)
be accompanied by the fees prescribed by these Regulations for the License for which the
application is made; and
(e)
be verified under oath by a person having full knowledge of the facts therein set forth.
6.
Where such application does not contain sufficient information to enable Council to make a
decision or fails to comply with these Regulations, the Council shall notify the Applicant or
Transferees in writing of such defects, which may be corrected, and submitted to Council
within ten days after notification; if such corrections are as deemed necessary have not be
submitted within ten [10] days after notification, the application shall be refused.
7.
If any application is refused the Council shall return to the Applicant the fees forwarded
therewith.
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8.
No Transfer of any License shall be made without the written consent of Council, which
consent shall not be unreasonably withheld in the case of a person. Who, in the opinion of
Council, is a fit and proper person to hold the License being transferred and otherwise
complies with these Regulations.
9.
Where a Holder abandons or discontinues the carrying on of the business of owning or
operating or driving of a taxicab or all of them the License issued to him in respect of the
business abandoned or discontinued shall forthwith lapse, be invalid and of no force or effect.
10. Every owner of more than one Taxicab required to be licensed under these Regulations shall
take out a separate license for each Taxicab by making application on Form "B" 1990.
11. No License shall be granted to any Applicant who is not, in the opinion of the Council, a fit and
proper Person to hold the License for which application is made and due enquiry as to the
fitness of any Applicant shall be made by or on behalf of Council.
12. Any License is automatically canceled;
(a)
upon suspension or cancellation of the license or certificate issued pursuant to the
Highway Traffic Act or regulations thereunder.
(b)
upon the Holder thereof being prohibited from driving a motor vehicle under and by
virtue of the Criminal Code of Canada and amendments thereto.
13. No License shall be issued to any person unless the location of the public or private Taxicab
stand from which the Taxicab in respect of which the license is applied for is to be operated is
approved as a Taxicab stand by the council, and such stand shall be maintained within the
Town.
14. Every application for a License shall specify in detail the location of the Taxicab stand from
which the Taxicab stand from which the Taxicab in respect of which the License is applied for
will be operated.
15. An owner operating a Taxicab business from an approved stand be permitted to operate
Taxicabs whose licensed drivers are not solely occupied in the driving of a Taxicab (commonly
referred to as part-time drivers)
16. No Taxicab Operating License shall be issued until there is deposited with the Town a duly
certified copy of a policy of passenger liability insurance issued by a reputable Insurance
Company insuring the applicant in a minimum amount of $1,000,000.00 in respect of bodily
injury to or the death of a passenger or passengers of the Taxicab in respect of which the
Taxicab Operating License is to be issued.
17. No Taxicab Operating License shall be issued until there is deposit with the Town a duly
certified copy of a policy of insurance issued by a reputable Insurance Company insuring the
applicant in a minimum amount of $75,000.00, against all public liability and property damage
covering the operation of the Taxicab in respect of which the Taxicab Operating License is to be
issued.
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18. The council may from time to time fix and alter the total number of Taxicabs which may be
licensed under the Regulation.
19. The prescribed fee to be issued under these Regulations shall be as follows:
Annual Taxicab Operating License................................................. $200.00
20. Every license issued shall run from the first day of January or date of issue of the License in one
year and expire on the thirty-first day of December in the same year.
21. Notwithstanding anything to the contrary herein contained all Licenses issued under the
Provision of these Regulations shall be canceled upon thirty [30] days written notice if the
permits are not being utilized.
EQUIPMENT AND OPERATION
22. Every Taxicab shall at all times be equipped with an identify light attached to the top of such
Taxicab which light shall be constructed in one unit consisting of an illuminated plate or
cylinder upon which is printed the name of the taxi stand and/or telephone number of such
taxi stand. The overall dimension of such identity light shall not exceed six inches in height by
twenty inches in length.
23. Every Holder is responsible for the maintenance of this Taxicab such that the interior and
exterior of said taxicab be thoroughly cleaned at least once every seven [7] days and to be
clean, sanitary and dry and in good repair; where the owner or driver of said taxicab received
notice signed by the Town Clerk, that the taxicab is not in a fit or proper condition for use,
briefly stating said complains, then the owner shall, within the time provided in the notice, put
the same in fit and proper condition;
24. Every Holder shall, when required, submit his Taxicab for examination by any authorized
person of the Town, and shall not at any time, when such Taxicab is not employed, prevent
entering his garage or other building for the
purpose of inspecting the same.
25. No person shall employ any person other than a Driver who holds a license issued pursuant to
the Highway Traffic Act as the Driver of his Taxicab or permit such Taxicab to be driven by or
placed upon any stand in charge of a person who does not hold such license.
26. Every Holder shall be of the full age of nineteen years.
27. No Driver shall smoke while driving any passenger or passengers unless the passenger or
passengers consent thereto.
28. All Holders shall at all times obey the orders of any member of the Royal Newfoundland
Constabulary or any member of the R.C.M.P. or Municipal Enforcement Officer appointed by the
Town.
29. No Holder shall seek compensation or apply for hire by driving the Taxicab upon any street in
such a manner as to interfere with the normal flow of traffic or to interfere with the proper and
orderly access to or from any place of public gathering, or to cruise in from of any place of
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public gathering except where said holder is accepting passengers at the building or place of
public gathering;
30. No Driver shall carry any person other than the passenger and his or her party first engaging
his Taxicab, unless by consent of the first passenger.
31. No Driver shall take, consume or have in his possession any liquor while he is in charge of a
Taxicab, nor shall the use of liquor by him be apparent while he is in charge of any Taxicab.
Provided, however, that nothing herein contained shall prevent a driver from purchasing and
delivering liquor during the house that stores of the Newfoundland Liquor Corporation are
open for business and one hour immediately following the closing of such stores, to a person
19 years of age or over or to his own residence.
32. Every driver, shall be properly dressed, neat and clean in person, any every driver shall be civil,
courteous and well-behaved at all times when driving a Taxicab.
33. An Owner or Driver may refuse to provide or continue transportation to any persons who is in
an intoxicated or unfit condition or who is conducting himself in a boisterous or disorderly
manner or is using profane or obscene language, and if such person is then in the Taxicab the
Driver may drive his Taxicab to the nearest police or at such police station, anything herein
contained to the contrary notwithstanding.
34. Every Driver shall drive the Taxicab operated by him by the most direct traveled route to the
pint of destination, unless otherwise directed by the Passenger.
35. No Driver shall carry in any Taxicab a greater number of persons or occupants than the
specified seating capacity.
36. Every Driver of a Taxicab shall have the right to demand payment of the regular fare in
advance, an may refuse employment unless so paid, but no Driver of a Taxicab shall refuse or
neglect to convey an orderly person or persons upon request anywhere in the Town unless
previously engaged or unable to do so.
37. Where the Inspector issued a notice of violation of these regulations or some provision thereof,
a copy of such notice shall be forwarded to the Taxicab stand, operator or manager who shall
refuse further operation of a Taxicab by the offending holder until such time that the license is
made to comply with the regulations herein and verification has been given by the Inspector
that the holder has so complied.
STANDS
38. It shall be a violation of these Regulations for a person or persons operating a taxi stand to
operate a greater number of Taxicabs than authorized by Council.
39. Every Owner operating a Taxicab shall maintain a fixed place of business or location approved
by the Council and shall not stand or ply for hire or carry on his or its business from any other
place.
40. Any Holder of a License issued under the provisions of these Regulations if he desires to
continue the business of owning, operating, driving or using a Taxicab, shall, on or before the
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expiry date of every existing License held by him or issued in respect of the Taxicab of which he
is the owner, apply to the Council for a new License to operate or drive a Taxicab or to use a
motor vehicle as a Taxicab in the manner and way as an original License is applied for an in
accordance with the provisions of Section 5 of these Regulations.
41. Suburban Taxicab - No person shall use or operate a suburban taxicab for the transportation of
passengers on any trip which commences and terminates within the Town.
PENALTIES
42. The Town shall have the power to suspend any or all Licenses for cause or when it shall have
determined that any of the provisions hereof have been violated or that any Holder shall have
failed to comply with the terms of such License or the rules and regulations of the Council
pertaining to the operation, driving or use and to the extent, character, and quality of the
service or any of them of any Taxicab.
43. The Holder whose license has been suspended under this section shall be entitled to a hearing
of the suspension before the Public Protection Committee of Council as soon as reasonably
practicable after the date of the suspension and the Holder shall be notified of such hearing.
44. Upon the hearing of the matter by the Fire Department Public Safety Committee Public of
Council, the committee may recommend to Council the reinstatement of the License, the
continuation of the suspension of the License for such time as it deems fit, or the revocation of
the License.
45. Notice of the hearing on such suspension shall be in writing and shall be served at least five
days prior upon the Holder or his or its agent or manager, and such notice shall state the
grounds of complaint against the place where, such hearing will be held. In the event the
Holder cannot be found or service of such notice cannot be made upon him in the manner
herein provided then a copy of such notice shall be mailed, postage fully prepaid.
46. After revocation, suspension or cancellation of any License, it shall be unlawful for any Person
to drive, ply for hire with, use, operate, cause to be used or operated within the Town, a
Taxicab, until such revocation, suspension or cancellation has been lifted.
47. In accordance with section 420 and 421 of the Municipalities Act, every person who fails to
comply with or otherwise contravenes any of these regulations is guilty of an offence and is
liable on summary conviction to:
(a)
for the first offence to a fine of not less than $100.00 and not more than $500.00 or to a
term of imprisonment of not more than one month or to both the fine and imprisonment;
(b)
for a subsequent offence to a fine of not less than $ 500.00 and not more4 than $1000.00
or to a term of imprisonment of not more than 3 months or to both the fine and
imprisonment
48. Each section of these Regulations and each separate part of each section is hereby expressly
declared to be separable and, if any section, sentence, portion or part of these Regulations shall
be declared invalid, such invalidity shall affect only such section, sentence, portion or part so
declared invalid.