AMPS By-law 2024-48 (Appendix 6 lists Pool Enclosure By-law 2024-43)

Champlain, Ontario · No. 2024-48 · summary & facts

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This By-law has been prepared for research and reference purposes only. Original by-laws are available for consultation at the Champlain Township Clerks Department. For legal purposes, certified copies of by-laws may be obtained from the Municipal Clerk. Corporation of the Township of Champlain By-Law Number 2024-48 AMPS By-law Being a By-law to establish an administrative monetary penalty system ("AMPS") in the Township of Champlain Whereas Section 102.1 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, (the "Municipal Act") and Ontario Regulation 333/07 (the "Regulation") authorize The Corporation of the Township of Champlain (the "Township") to require a person to pay an administrative penalty for a contravention of any by-law respecting the parking, standing or stopping of vehicles; and Whereas Section 434.1 of the Municipal Act authorizes the Township to require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with a by-law of the municipality; and Whereas Sections 23.2, 23.3 and 23.5 of the Municipal Act authorize the Township to delegate its administrative and hearing powers; and Whereas the Council of the Township considers it desirable and necessary to provide for a system of Administrative Penalties and Administrative Fees for designated Township By- laws; and Whereas Section 15.4.1(1) of the Ontario Building Code, 1992, S.O. 1992, c. 23 as amended, authorizes the Township to require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with a By-law of the municipality; and Whereas the Council of the Township is of the opinion that the delegations of legislative power under this By-law to the Director of the By-law Enforcement Department, the Clerk, to By-law 2024-48 page 2 of 43 Hearings Officers and to Screening Officers are of a minor nature having regard to the number of people, the size of the geographic area, and the time period affected by the exercise of such delegated power; and Whereas Section 391 of the Municipal Act authorizes the Township to pass by-laws imposing fees or charges for services or activities provided or done by or on behalf of it; and Whereas the Council of the Township considers it desirable and necessary to provide for a system of administrative penalties and administrative fees for the designated Township by- laws, or portions of the designated Township by-laws; and Whereas the Municipal Act, 2001 further authorizes the Township of Champlain, amongst other things, to delegate its authority, to impose fees or charges on persons for services or activities provided or done by or on behalf of it, to provide for inspections and inspection orders, and to make orders to discontinue activity or to do work; and Whereas Section 55 of the Community Safety and Policing Act, 2019, S.O. 2019, Chapter 1, Schedule 1, as amended, the Council of the municipality may appoint Municipal Law Enforcement Officers who shall be Peace Officers for the purpose of enforcing by-laws of the municipality. Now Therefore the Council of the Corporation of the Township of Champlain hereby enacts as follows; 1. Short Title 1.1. This By-law may be referred to as the "Administrative Monetary Penalty System By- law" or the "AMPS By-law." 2. Definitions a) "Administrative Fee" means any fee specified in this By-law or set out in Schedule "B"; By-law 2024-48 page 3 of 43 b) "Administrative Penalty" means an administrative penalty established by this By- law or set out in the attached Schedule "A" for a contravention of a Designated By- law; c) "AMPS" means Administrative Monetary Penalty System; d) "Authorized Representative" means someone appearing on behalf of a Person in accordance with a written authorization provided upon request to the Director, and who is not required to be licensed by any professional body; e) "Clerk" means the Township Clerk, or any person designated by them; f) "Council" means the Council of the Township; g) "Day" means any calendar day; h) "Designated By-law" means a by-law, or a part or provision of a by-law, that is designated under this or any other by-law, and listed in the attached Schedule "A" to which the AMPS applies; i) "Director" means the Department Head for the By-law Enforcement Department of the Township or designate; j) "Extension Period" means a period from time to time established by the Director and set down in a Corporate Policy; k) "Hearing Non-appearance Fee" means an Administrative Fee established by Council from time to time in respect of a Person's failure to appear at the time and place scheduled for a review before a Hearings Officer, and listed in Schedule "B"; l) "Hearing Decision" means a notice that contains a decision made by a Hearings Officer; m) "Hearings Officer" means a person appointed by Council who performs the functions of a Hearings Officer in accordance with Section 7.0 of this By-law, and pursuant to the Township's Screening and Hearings Officer By-law No. 2024-49; n) "Holiday" means a Saturday, Sunday, any statutory holiday in the Province of Ontario, or any Day the offices of the Township are officially closed for business; o) "Late Payment Fee" means an Administrative Fee established by Council from time to time in respect of a Person's failure to pay an Administrative Penalty within the time prescribed in this By-law, and listed in Schedule "B"; By-law 2024-48 page 4 of 43 p) "MTO Search Fee" means an Administrative Fee established by Council from time to time for any search of the records of, or any inquiry to, the Ontario Ministry of Transportation (MTO), related authority, and listed in Schedule "B"; q) "NSF Fee" means an Administrative Fee established by Council from time to time in respect of payment by negotiable instrument or credit card received by the Township from a Person for payment of any Administrative Penalty or Administrative Fee, which has insufficient funds available in the account on which the instrument was drawn, and is listed in Schedule "B"; r) "Officer" means an officer of the municipality responsible for enforcement of by- laws or a police officer or a peace officer appointed under the Community Safety and Policing Act, 2019; s) "Penalty Notice" means a notice given to a Person pursuant to Section 4 of this By-law; t) "Penalty Notice Date" means the date of the contravention specified on the Penalty Notice in accordance with Section 4 of this By-law; u) "Penalty Notice Number" means the number specified on the Penalty Notice pursuant to Section 4 of this By-law; v) "Person" includes an individual or a business name, sole proprietorship, corporation, partnership, or limited partnership, or an authorized representative thereof, and, in relation to vehicle, parking or traffic-related contraventions, whose name appears on the vehicle permit as provided by the Ontario Ministry of Transportation. If the vehicle permit consists of a vehicle portion and license plate portion, and different Persons are named on each portion, the Person whose name appears on the license plate portion, as provided by the Ontario Ministry of Transportation, is the Person for the purposes of this By-law; w) "Plate Denial Fee" means an Administrative Fee established by Council from time to time in respect of a Person's failure to pay within the time prescribed prior to a request for plate denial, and listed in Schedule "B"; x) "Regulation" means Ontario Regulation 333/07 under the Municipal Act; By-law 2024-48 page 5 of 43 y) "Request for a Review by a Hearings Officer" means the request which may be made in accordance with Section 7.0 of this By-law for the review of a Screening Decision; z) "Request for a Review by a Screening Officer" means the request which may be made in accordance with Section 6.0 of this By-law for the review of a Penalty Notice; aa) "Request for Review Form" means the prescribed form to be used to request a Review by a Screening or Hearings Officer, attached hereto as Schedule "C"; bb) "Review by a Hearings Officer" and "Hearing" mean the process set out in Section 7.0 of this By-law; cc) "Review by a Screening Officer" and "Screening" means the process set out in Section 6.0 of this By-law; dd) "Second Offence Set Penalty" means the second offence set penalty set out in Schedule "B" for the related contravention if the same violation is repeated by the same person within three hundred and sixty-five (365) days of the previous Penalty Notice being issued in accordance with this By-law; ee) "Screening Decision" means a notice which contains the decision of a Screening Officer, delivered in accordance with Section 6.13 of this By-law; ff) "Screening Officer" means a person appointed by Council who performs the functions of a Screening Officer in accordance with Section 6.0 of this By-law, and pursuant to the Township's Screening and Hearings Officer By-law No. 2024-49; gg) "Third Offence Set Penalty" mean the third offence set penalty set out in Schedule "B" for the related contravention if the same violation is repeated by the same person within three hundred and sixty-five (365) days of the previous Penalty Notice being issue in accordance with this By-law; and hh) "Township" means the Corporation of The Township of Champlain. 3. Application of this By-law 3.1. The Township By-laws, or portions of Township By-laws, listed in Schedule "A" of this By-law shall be Designated By-laws for the purposes of Sections 102.1, 151 AND 434.1 By-law 2024-48 page 6 of 43 of the Municipal Act and paragraph 3(1)(b) of the Regulation. The attached Schedule "B" sets out the Administrative Penalty and may include short form language to be used on Penalty Notices, for the contraventions of Designated By-laws. 3.2. Schedule "B" of this By-law shall set out Administrative Fees imposed for the purposes of this By-law. 3.3. The Provincial Offences Act, R.S.O. 1990. C.P.33, as amended, does not apply to a contravention of a Designated By-law. 4. Penalty Notice 4.1. Every Person who contravenes a provision of a Designated By-law shall, upon issuance of a Penalty Notice, be liable to pay the Township an Administrative Penalty in the amount specified in the attached Schedule "B" to this By-law. 4.2. An Officer who has reason to believe that a Person has contravened any Designated By-law may issue a Penalty Notice as soon as reasonably practicable. 4.3. A Penalty Notice shall include the following information, as applicable: 4.3.1. The Penalty Notice Date; 4.3.2. A Penalty Notice Number; 4.3.3. The date on which the Administrative Penalty is due and payable; 4.3.4. The identification number and signature of the Officer; 4.3.5. The contravention wording as listed in the attached Schedules, or other particulars reasonably sufficient to indicate the contravention; 4.3.6. The amount of the Administrative Penalty; 4.3.7. Such additional information as the Director determines is appropriate, respecting the process by which a Person may exercise the right to request a Screening Review of the Administrative Penalty; and 4.3.8. A statement advising that an unpaid Administrative Penalty, including any applicable Administrative Fee(s), will constitute a debt of the Person to the Township unless cancelled pursuant to Screening Review of Hearing process. 4.4. The amount due for a Penalty Notice is: By-law 2024-48 page 7 of 43 4.4.1. The set penalty amount date on which the Administrative Penalty is due and payable, fifteen (15) days from service of the Penalty Notice; 4.4.2. The second offence Administrative Penalty set out in Schedule "B" for the related contravention if the same violation is repeated by the same person within three hundred and sixty-five (365) days of the previous Penalty Notice being issued in accordance with this By-law; or 4.4.3. The third offence Administrative Penalty set out in Schedule "B" for the related contravention if the same violation is repeated by the same person, three (3) or more times, within three hundred and sixty-five (365) days of the previous Penalty Notice being issued in accordance with this By-law. 4.5. In addition to the service methods provided in Section 8.0 "Service of Documents" of this By-law, an Officer must serve the Penalty Notice: 4.5.1. When relating to a parking or traffic-related contravention, the Person having care and control of the vehicle at the time of the contravention, within seven (7) days of the contravention; or 4.5.2. For all other contraventions, within thirty (30) days of the contravention. 4.6. A Person who is served with a Penalty Notice and who does not pay the amount of the Administrative Penalty on or before the date on which the Administrative Notice is due and payable, shall also pay the Township any applicable Administrative Fee(s) as specified in the attached Schedule "B" to this By-law. 5. Voluntary Payment of Penalty Notice 5.1. Where a Penalty Notice has been paid, the Penalty Notice shall not be subject to any further review. 5.2. A Penalty Notice shall be deemed to have been paid when the amount and all fees prescribed in Schedule "B" have been paid. By-law 2024-48 page 8 of 43 6. Review by a Screening Officer 6.1. A Person who is served with a Penalty Notice may request that the Administrative Penalty be reviewed by a Screening Officer and shall do soon or before the date on which the Administrative Penalty is due and payable, as defined in Section 4.3.3, and in accordance with the process set out in Section 6.4. 6.2. If a Person has not requested a Review by a Screening Officer on or before the date on which the Administrative Penalty is due and payable, the Person may request that the Director extend the time to request a Screening Review to a date that is no later than forty-five (45) days after the Penalty Notice Date, in accordance with the process set out in Section 6.4. 6.3. A Person's right to request an extension of time for a Screening Review expires, if it has not been exercised, on or before forty-five (45) days after the Penalty Notice Date, at which time: 6.3.1. The Person shall be deemed to have waived the right to request a Review by a Screening Officer or request an extension of time for a Screening Review; 6.3.2. The Administrative Penalty shall be deemed to be confirmed; and 6.3.3. The Administrative Penalty shall not be subject to any further review, including a review by any Court. 6.4. A Person's Request for a Review by Screening Officer or request for an extension of time to request a Review by a Screening Officer shall be exercised by a submission by email, mail or fax transmission, using the Request for Review Form, attached hereto as Schedule "C" or Schedule "D" and in accordance with the directions included therein. 6.4.1. Requests for a Review by a Screening Officer that are not in the prescribed format shall be deemed to be invalid. 6.5. A Request for Review by a Screening Officer or request for an extension of time to request a Review by a Screening Officer shall be served in accordance with the provisions of Section 8.5 of this By-law. By-law 2024-48 page 9 of 43 6.6. A Request for Review by a Screening Officer or a request for an extension of time to request a Review by a Screening Officer shall only be scheduled by the Director if the Person makes the request on or before the dates established by Sections 6.1 or 6.2 of this By-law. 6.7. The Director may grant a request to extend the time to request a Review by a Screening Officer where the Person demonstrates, to the satisfaction of the Director in their sole discretion, that the existence of extenuating circumstances prevented the filing of the request within the prescribed timeline. 6.8. Where an extension of time to request a Review by a Screening Officer is not granted by the Director, the Administrative Penalty and any applicable Administrative Fee(s) shall be deemed to be confirmed. Notice of this decision will be provided by the Director to the Person in accordance with Section 8.0. 6.9. Where an extension of time to request a Review by a Screening Officer is granted by the Director, or when a Review by a Screening Officer has been requested in accordance with this Section, confirmation of said extension or receipt of said request shall be provided in accordance with Section 8.0. 6.10. On a Review by a Screening Officer of an Administrative Penalty, the Township will direct that the Review by a Screening Officer to proceed by way of a written screening unless, in the Township's discretion, an in- person or telephone appointment is required. 6.11. Where a Person fails to provide requested documentation in accordance with a request by a Screening Officer: 6.11.1. The Person shall be deemed to have abandoned the request for a Review by a Screening Officer of the Administrative Penalty; 6.11.2. The Administrative Penalty as set out in the Penalty Notice shall be deemed to be confirmed; 6.11.3. The Administrative Penalty shall not be subject to any further review, including a review by any Court; and 6.11.4. The Person shall pay to the Township the Administrative Penalty, and any other applicable Administrative Fee(s). By-law 2024-48 page 10 of 43 6.12. On a Review by a Screening Officer of an Administrative Penalty, the Screening Officer may: 6.12.1. Affirm the Administrative Penalty if the Person has not established on a balance of probabilities that the Designated By-law(s) was not contravened as described in the Penalty Notice; or 6.12.2. Cancel, reduce the penalty and/or extend the time for payment of the Administrative Penalty, including any Administrative Fee(s), where, in the sole discretion of the Screening Officer, doing so would maintain the general intent and purpose of the Designated By-law, and/or any of the following circumstances exist: 6.12.2.1. Defective form or substance on the Penalty Notice; 6.12.2.2. Service of the Penalty Notice did not occur in accordance with Section 8.0; or 6.12.2.3. Undue financial hardship. 6.13. After a Review by the Screening Officer, the Screening Officer shall issue a Screening Decision to the Person, delivered in accordance with Section 8.0 of this By-law. 6.14. A Screening Officer has no authority to consider questions relating to the validity of a statute, regulation or by-law or the constitutional applicability or operability of any statute, regulation or by-law. 6.15. A Person's Request for a Review by a Screening Officer shall take place within 45 days upon receipt of the Request for Review form. 7. Review by a Hearings Officer 7.1. A Person may Request for a Review by Hearings Officer within thirty (30) days of issuance of a Screening Decision in accordance with By-law No. 2024-49, as amended from time to time (the "Screening and Hearings Officer By-law"). 7.2. If a Person has not requested a Review by Hearings Officer on or before the date on which the Administrative Penalty is due and payable, the Person may request that the Director extend the time to Request for a Review by Hearings Officer to a date that is By-law 2024-48 page 11 of 43 no later than forty-five (45) days after the Screening Decision date, in accordance with the process set out in Section 7.4. 7.3. A Person's right to request an extension of time to Request for a Review by a Hearings Officer expires, if it has not been exercised, on or before forty-five (45) days after the Screening Decision date, at which time: 7.3.1. The Person shall be deemed to have waived the right to request a Review by a Hearings Officer or request an extension of time for a Review by a Hearings Officer; 7.3.2. The Screening Decision shall be deemed to confirmed; and 7.3.3. The Administrative Penalty shall not be subject to any further review, including a review by any Court. 7.4. A Person's Request for a Review by a Hearings Officer or request for an extension of time to request a Review by a Hearings Officer is exercised by a submission by email, mail or fax transmission, using the Request for Review Form, attached hereto as Schedule "C", or Schedule "E", and in accordance with the directions included therein. 7.4.1. Requests for a Review by a Hearings Officer that are not in the prescribed format shall be deemed to be invalid. 7.5. A Request for a Review by a Hearings Officer or request for an extension of time to request a Review by a Hearings Officer shall be served in accordance with the provisions of Section 8.5 of this By-law. 7.6. A Request for a Review by a Hearings Officer or a request for an extension of time to request a Review by a Hearings Officer shall only be scheduled by the Director if the Person makes the request on or before the dates established by Sections 7.1 or 7.2 of this By-law. 7.7. The Director may grant a request to extend the time to request a Review by Hearings Officer only where the Person demonstrates, to the satisfaction of the Director in his/her sole discretion, that they were not served in accordance with Section 8.0 of the By-law. 7.8. Where an extension of time to request a Review by Hearings Officer is granted by the Director, or when a Review by Hearings Officer has been requested in accordance By-law 2024-48 page 12 of 43 with this Section, a Notice of a Hearing will be provided in accordance with Section 8.0 of this By-law. 7.9. Where a Person fails to appear at the time and place scheduled for a Hearing: 7.9.1. The Person shall be deemed to have abandoned the Request for a Review by a Hearings Officer; 7.9.2. The Screening Decision and the Administrative Penalty and any Administrative Fee(s) shall be deemed to be confirmed; 7.9.3. The Screening Decision and the Administrative Penalty and any Administrative Fee(s) shall not be subject to any further review, including a review by any Court; and 7.9.4. The Person shall pay to the Township a Hearing Non-appearance Fee, Late Payment Fee, MTO Fee if applicable and any other applicable Administrative Fee(s). 7.10. A Review by a Hearings Officer de novo shall be conducted in accordance with the Statutory Powers and Procedures Act, R.S.O. 1990, c. S.22, as amended, and Screening and Hearings Officer By-law No. 2024-49, as amended from time to time. 7.11. The parties to a Review by a Hearings Officer shall be the Person seeking review and the Township, who may attend through the Director, a Screening Officer, an Officer, the Township Solicitor, or a delegate of any of the above persons. 7.12. Any information contained in the Penalty Notice is admissible in evidence as proof of the facts certified in it, in the absence of evidence to the contrary. If a person wishes to challenge the facts contained in the Penalty Notice, they shall mark the Request for Review Form accordingly. 7.13. Upon the conclusion of a Review by a Hearings Officer, the Hearings Officer may: 7.13.1. Confirm the Screening Decision; or 7.13.2. Cancel, reduce the penalty and/or extended the time for payment of the Administrative Penalty, including any Administrative Fee(s), on the following grounds: By-law 2024-48 page 13 of 43 7.13.2.1. Where the Person establishes on a balance of probabilities that the Designated By-law(s) as described in the Penalty Notice was not contravened; or 7.13.2.2. Where the Person establishes on a balance of probabilities that the cancellation, reduction or extension of time for payment of the Administrative Penalty, including any Administrative Fee(s), is necessary to relieve any undue financial hardship. 7.14. A Hearings Officer has no authority to consider questions relating to the validity of a statute, regulation or by-law or the constitutional applicability or operability of any statute, regulation or by-law. 7.15. After a Review by a Hearings Officer is complete, the Hearings Officer shall issue a Hearing Decision to the Person and deliver it in accordance with the Hearings Officer By-law. 7.16. The decision of a Hearings Officer is final. 7.17. A Person's Request for a Review by a Hearings Officer shall take place within 45 days upon receipt of the Request for Review form. 8. Service of Documents 8.1. Any notice or decision, including a Penalty Notice, made pursuant to this By-law, when served in any of the following ways, is deemed effective: 8.1.1. Immediately, when a copy is delivered by personal service to the Person to whom it is addressed or, in the case of a Penalty Notice relating to a parking or traffic-related contravention, by affixing it to the vehicle in a conspicuous place at the time of the contravention; 8.1.2. On the seventh (7th) day following the date a copy is sent by registered mail to the Person's last known address; 8.1.3. Immediately upon the conclusion of a copy by facsimile transmission to the Person's last known facsimile transmission number; or By-law 2024-48 page 14 of 43 8.1.4. Immediately upon sending a copy by electronic mail (i.e. email) to the Person's last known electronic mail address. 8.2. For the purposes of subsections 8.1.2, 8.1.3 and 8.1.4 of this By-law, a Person's last known address, facsimile number, and electronic mail address includes an address, facsimile number and electronic mail address provided by the Person to the Township as may be required by a form, practice or policy under this By-law. 8.3. If a notice document that is to be given or delivered to a Person under this By-law is mailed to the Person at the Person's last known address appearing on the records of the Township as part of a proceeding under this By-law, or sent electronically to an email address that was provided by the Person, there is a presumption that the notice or document is given or delivered to the Person. 8.4. A Person shall keep their contact information for service current by providing any change in address, facsimile, or electronic mail address to the Director, immediately. Failure to comply with this section shall be considered by the Director when a person makes a request for an extension of time to Request a Review by a Screening Officer pursuant to Section 6.2 or a Request for a Review by a Hearings Officer pursuant to Section 7.4. 8.4.1. Absent extenuating circumstances, the Director shall not grant an extension of time on the basis that a Person did not receive notice where that Person has failed to keep their contact information up to date as required by this part. 8.5. Where this By-law requires service by a Person to the Township, service shall be addressed to the Director, and shall be deemed effective: 8.5.1. Immediately, when a copy is delivered by personal service to the Director at the location prescribed on the applicable form or notice; 8.5.2. On the seventh (7th) Day following the date a copy is sent by registered mail to the location prescribed on the applicable form or notice; or 8.5.3. Immediately, with respect to electronic mail or upon the conclusion of a copy by facsimile transmission to the facsimile number listed on the applicable form or notice. By-law 2024-48 page 15 of 43 9. Administration 9.1. The Director shall administer this By-law and establish any additional practices, policies and procedures necessary to implement this By-law and may amend such practices, policies and procedures from time to time as the Director deems necessary, without amendment to this By-law. 9.2. The Director shall prescribe all forms and notices, including the Penalty Notice, necessary to implement this By-law and may amend such forms and notices from time to time as the Director deems necessary, without amendment to this By-law. 9.3. Any Administrative Fee(s) prescribed within Schedule "B" of this By-law shall be added to and be deemed part of the penalty amount unless otherwise rescinded by the Hearings Officer. 9.4. Where an Administrative Penalty is not paid by the date on which the Administrative Penalty is due and payable, the Person shall pay to the Township a Late Payment Fee, in addition to the Administrative Penalty and any applicable Administrative Fee(s). 9.5. Where a Person makes payments to the Township of any Administrative Penalty, Administrative Fee(s) or Late Payment Fee(s), by negotiable instrument, for which there are insufficient funds available in the account on which the instrument was drawn, the Person shall pay to the Township the NSF Fee set out in the Township's Fee By-law. 9.6. An Administrative Penalty, including any Administrative Fee(s), that is confirmed or reduced, or in respect of which the time for payment has been extended, remaining unpaid after the date when it is due and payable, constitutes a debt to the Township owed by the Person. 9.7. Where an Administrative Penalty, including any applicable Administrative Fee(s) or Late Payment Fee(s), are not paid within fifteen (15) days after it becomes due and payable, the Township may notify the Registrar of Motor Vehicles, resulting in plate denial. At the time that plate denial is requested a plate denial fee will be added in accordance with Schedule "B" of this By-law and shall be added to the total debt owed to the Township. By-law 2024-48 page 16 of 43 9.8. Where an Administrative Penalty, including any applicable Administrative Fee(s) or Late Payment Fee(s), are not paid within fifteen (15) days after it becomes due and payable shall be deemed to be unpaid taxes and may be collected in the same manner as taxes in accordance with Section 434.2 of the Municipal Act, 2001. 9.9. Where an Administrative Penalty is cancelled by a Screening Officer or Hearings Officer, any Administrative Fee(s) are also cancelled. 9.10. An Authorized Representative is permitted to appear on behalf of a Person at a Review by a Hearings Officer, or to communicate with the Township on behalf of a Person in accordance with a written authorization satisfactory to the Director. 9.11. Any time limit that would otherwise expire on a Holiday is extended to the next day that is not a Holiday. 9.12. A Person claiming financial hardship under this By-law shall provide documented proof of the financial hardship to the Director, the Screening Officer or the Hearings Officer, as applicable. 9.13. Any Schedule attached to this By-law forms part of this By-law. 10. Severability 10.1. Should any provision, or any part of a provision, of this By-law be declared invalid, or to be of no force and effect by a court of competent jurisdiction, it is the intent of Council that such a provision, or part of a provision, shall be severed from this By-law, and every other provision of this By-law shall be applied and enforced in accordance with its terms to the extent possible according to law. 11. Entry on Land and Inspections 11.1. An officer, peace officer or any other person appointed for the purpose of enforcing this By-law, 11.1.1. has the power to enter upon and examine any lands, yards, vacant lots, grounds at any reasonable time or times, and By-law 2024-48 page 17 of 43 11.1.2. may be accompanied by such other person or persons as they deem necessary to properly carry out their duties under this By-law. 11.2. Notwithstanding Section 11.1, no person, including an officer, shall exercise a power of entry under this By-law to enter a place or part of a place that is actually being used as a dwelling unless: 11.2.1. the occupier of the dwelling, having been informed that the right of entry may be refused, consents to the entry; or 11.2.2. if the occupier refuses to consent, an order is issued pursuant to the Municipal Act, 2001 or a warrant is obtained from the court. 11.3. A person exercising a power of entry on behalf of the Township, under this By-law must on request, display or produce proper identification. 11.4. No person shall hinder, interfere with or otherwise obstruct, either directly or indirectly, any officer, peace officer or any person appointed for the purpose of enforcing this By-law, including any person who may be accompanying such persons, in the lawful exercise of any powers or duties under this By-law. 11.5. Any person who provides false information to an Officer shall be deemed to have hindered or obstructed the Officer in the execution of their duties. 12. Interpretation 12.1. The provisions in Part VI of the Legislation Act, 2006, S.O. 2006, c.21, Schedule "F", shall apply to this By-law. 12.2. Where words and phrases used in this By-law are defined in the Highway Traffic Act, but not defined in this By-law, the definitions in the Highway Traffic Act shall apply to such words and phrases. 13. Effective Date This By-law shall come into force and effect on August 1, 2024. By-law 2024-48 page 18 of 43 14. Minor Corrections The Clerk of the Township of Champlain is hereby authorized to make any minor modifications or corrections of an administrative, numeric, grammatical, semantic or descriptive nature or kind to the by-law and schedule(s) as may be deemed necessary after the passage of this by-law, where such modifications or corrections do not alter the intent of the by-law. Read a first, second and third time and duly adopted this 27th day of June, 2024. Normand Riopel, Mayor Alison Collard, Clerk By-law 2024-48 page 19 of 43 Schedule "A" Administrative Monetary Penalty System Designated By-law Provisions The following By-laws shall be considered Designated By-laws as defined in the Administrative Monetary Penalty System By-law (AMPS): Table 1 Designated By-laws AMPS Designated By-law Appendix By-law Number Traffic Control By-law 1 2024-45 Clean Yard By-law 2 2015-52 Noise By-law 3 2000-32 Animal at Large 4 2002-36 Animal Control By-law (Dogs & Cats) 5 2024-44 Pool Enclosure By-law 6 2024-43 Obstruction of Highways By-law 7 2001-29 Fire Control By-law 8 2024-47 Fence By-law 9 2000-35 Sign By-law 10 2013-15 Property Standards By-law 11 2024-46 Taxi By-law 12 2000-18 1. Column 1 sets out the Designated By-laws 2. Column 2 sets out the Appendices. 3. Column 3 sets out the By-law Number, as amended by the Designated By-laws. By-law 2024-48 page 20 of 43 Schedule B - Administrative Monetary Penalties Appendix 1 Penalties for infractions, Traffic Control By-law 2024-45 ITEM Short Form Wording By-law Section Administrative Penalty 1st Offence Administrative Penalty 1st Offence (after 15 days) Administrative Penalty 2nd Offence 1 Park in a manner to impede an entrance onto a highway 3.(a) $40.00 $60.00 $60.00 2 Park on a sidewalk 3.(b) $40.00 $60.00 $60.00 3 Park within 5 m of an intersection 3.(c) $35.00 $52.00 $60.00 4 Park within 5 m of a pedestrian walk 3.(c) $35.00 $52.00 $60.00 5 Park within an intersection 3.(d) $35.00 $52.00 $60.00 6 Park on a crosswalk 3.(e) $35.00 $52.00 $60.00 7 Park within 3 m of a fire hydrant 3.(f) $35.00 $52.00 $60.00 8 Park in a no parking zone 3.(g) $40.00 $60.00 $60.00 9 Park and obstruct traffic 3.(h) $35.00 $52.00 $60.00 10 Park in front of assembly hall (arena, community hall, funeral home...) during an event, including 30 minutes before and after 3.(i) $35.00 $52.00 $60.00 11 Park for a period in excess of as shown on the sign 3.(j) $35.00 $52.00 $60.00 12 Park between 12:00 a.m. and 7:00 a.m. on a street from October 31st of the current year and March 31st of the succeeding year (Wards 1 & 2) 3.(k) $35.00 $52.00 $60.00 13 Park between 11:00 p.m. and 8:00 a.m. in Wards 3 and 4 3.(l) $35.00 $52.00 $60.00 14 Park on any highway in Wards 3 and 4 from the October 31st of the current year and March 31st of the succeeding year 3.(m) $35.00 $52.00 $60.00 By-law 2024-48 page 21 of 43 15 Park in a handicap parking 3.(n) $300.00 $300.00 $325.00 16 Park where prohibited 5. $40.00 $60.00 $60.00 17 Drive/operate a vehicle on a barricaded street 6. $60.00 $80.00 $80.00 18 Drive a vehicle within 90 m of a fire scene/fire fighting equipment or drive over a fire hose 7. & 8. $60.00 $80.00 $80.00 19 Park or leave standing a vehicle on a Fire Route 9. $40.00 $60.00 $60.00 20 Drive a vehicle on a sidewalk or curb 10. $40.00 $60.00 $60.00 21 Drive a heavy truck where prohibited 11. $40.00 $60.00 $60.00 22 Park a heavy truck on any street 12. $40.00 $60.00 $60.00 23 Park a trailer without being attached to a motor vehicle 13. $40.00 $60.00 $60.00 24 Park on the wrong side of the street 14. $35.00 $52.00 $60.00 25 Park too far from the edge of the highway 14. $35.00 $52.00 $60.00 26 Park a vehicle that interferes with snow removal 15. $40.00 $60.00 $60.00 27 Park and obstructing parked vehicles 16. $35.00 $52.00 $60.00 28 Willfully remove, deface or interfere with posted sign or notice 21.. $80.00 $100.00 $100.00 Appendix 2 Penalties for infractions, Clean Yard By-Law 2015-52 Item SHORT FORM WORDING By-law Section Administrative Penalty 1st Offence Administrative Penalty 2nd Offence Administrative Penalty 3rd Offence 1. Fail to keep land free from rubbish/ garbage/ waste & debris 3.(a) $120.00 $180.00 $220.00 By-law 2024-48 page 22 of 43 2. Fail to keep land free from long grass, discarded brush and clippings, excessive weeds 3.(b) $80.00 $100.00 $120.00 3. Fail to keep land free from materials that may create accident and fire hazards 3.(c) $120.00 $180.00 $220.00 4. Fail to keep land free from scrap/ junk material / wrecked/ dismantled vehicles/ machineries... 3.(d) $120.00 $180.00 $220.00 5. Fail to keep land free from unfenced or unprotected excavation or deep waters 3.(e) $120.00 $180.00 $220.00 6. Fail to keep land free from hazardous combustible, caustic or explosive substance 3.(f) $120.00 $180.00 $220.00 7. Fail to pick up rubbish, garbage or waste which has blown over adjacent properties 4 $120.00 $180.00 $220.00 8. Cause or allow snow to be dumped, placed or pushed on other properties, including Highways and sidewalks 6 $100.00 $150.00 $200.00 9. Placing refrigerators, freezers or similar appliances on the roadway without removing doors and locks 7 $100.00 $150.00 $200.00 10. Fail to keep refrigerators and freezers in the back and side yards 8 $80.00 $120.00 $180.00 11. Fail to maintain hedges and bushes trimmed 9 $80.00 $120.00 $180.00 12. Fail to grade and cover with grass to prevent erosion and sedimentation. 10 $80.00 $120.00 $150.00 13. Fail to keep land free from dead, decayed or damaged tree. 11 $80.00 $120.00 $150.00 14. Fail to keep swimming pool water in good condition 12 $80.00 $120.00 $150.00 By-law 2024-48 page 23 of 43 15. Fail to keep land free from long grass and weeds 15 cm in length or less 13 $80.00 $120.00 $150.00 16. Fail to maintain 10 m of land free of long grass and weeds from residential property, twice yearly 14 $120.00 $150.00 $200.00 17. Fail to remove derelict motor vehicles or inoperative motor vehicles 15.(a) $120.00 $150.00 $180.00 18. Fail to remove unlicensed motor vehicles or with no current licence 15.(b) $120.00 $150.00 $180.00 19. Fail to remove motor vehicle parts or components 15.(c) $120.00 $150.00 $180.00 20. Fail to remove wrecked, dismantled, discarded, abandoned vehicles, machinery, trailers or boats 15.(d) $120.00 $150.00 $180.00 21. Fail to eliminate noxious plants as defined by the Weed Control Act. 16 $80.00 $120.00 $150.00 22. Obstruct/hinder or interfere an Officer 17 $200.00 $300.00 $400.00 23. Fail to comply with an order issued under this By-law 19 $200.00 $250.00 $300.00 Appendix 3 Penalties for Infractions, Noise By-Law 2000-32 (as amended by By-law 2012-53) Item Short Form Wording By-law Section Administrative Penalty 1st Offence Administrative Penalty 2nd Offence Administrative Penalty 3rd Offence 1. Racing of any motorized conveyance 2.(1) $250.00 $350.00 $450.00 2. Operating a combustion engine or pneumatic device without an effective muffling device 2.(3) $250.00 $350.00 $450.00 By-law 2024-48 page 24 of 43 3. Operating an engine or any motor vehicle for a continuous period exceeding five minutes 2.(5) $250.00 $350.00 $450.00 4. Operating a motor vehicle horn or warning device 2.(6) $250.00 $350.00 $450.00 5. Causing or allowing detonation of fireworks or explosive devices Table 3-1(1) $250.00 $350.00 $450.00 6. Discharging of a firearm Table 3-1(2) $250.00 $350.00 $450.00 7. Operating or allowing the operation of an electronic sound amplification device Table 3-1(4) $250.00 $350.00 $450.00 8. Operating or allowing the operation of any motorized conveyance other than on a highway Table 3-1(7) $250.00 $350.00 $450.00 9. Allowing persistent barking, calling, whining or other persistent noise making by an animal Table 3-1(9) $250.00 $350.00 $450.00 10. Allowing and/or yelling, shouting, houting, whistling or singing Table 3-1(11) $250.00 $350.00 $450.00 11. Allowing and /or loading, unloading, delivering, packing, unparking, or handling of any containers from 11.00 pm to 7:00 am. Table 3-1(15) $250.00 $350.00 $450.00 12. Operating or allowing the operation of any construction equipment from 11.00 pm to 7:00 am Table 3-1(16) $250.00 $350.00 $450.00 13. Operating or allowing the operation of any tool from 11:00 pm to 7:00 am Table 3-1(17) $250.00 $350.00 $450.00 By-law 2024-48 page 25 of 43 Appendix 4 Penalties for Infractions, Animal at Large By-Law 2002-36 Item Short Form Wording By-law Section Administrative Penalty 1st Offence Administrative Penalty 2nd Offence Administrative Penalty 3rd Offence 1 Permitting an Animal to be at large or to trespass 2.(1) $200.00 $300.00 $450.00 Appendix 5 Penalties for Infractions, Animal Control By-law 2024-44 Item Short Form Wording By-law Section Administrative Penalty 1st Offence Administrative Penalty 2nd Offence Administrative Penalty 3rd Offence 1 Failure to register a dog with the Township 2.1 $80.00 $120.00 $180.00 2 Failure to keep dog tag securely fixed on dog(s) 2.4 $80.00 $120.00 $180.00 3 Failing to minimize transfer of pathogenic agents 3.1(a) $80.00 $120.00 $180.00 4 Keeping an animal in an unsanitary or unhealthy condition 3.1(b) $80.00 $120.00 $180.00 5 Treating an animal in an inhumane manner 3.2.(a) $80.00 $120.00 $180.00 6 Interfering, obstructing an Animal Control Officer 3.2.(b) $250.00 $350.00 $450.00 7 Using a tether longer than 3 m 3.3 $80.00 $120.00 $180.00 8 Using a tether of inappropriate strength to restrain the dog 3.4.(d) $80.00 $120.00 $180.00 9 Leaving an animal in a vehicle when the weather conditions are not suitable 3.6 $80.00 $120.00 $180.00 10 Failure to ensure an animal receives necessary food, water and housing 3.7 $80.00 $120.00 $180.00 11. Failing to give access to the Animal Control Officer 3.8 $100.00 $150.00 $225.00 By-law 2024-48 page 26 of 43 12 Failure to construct or maintain a pen in proper condition 4.1 $80.00 $120.00 $180.00 13 Failure to construct or maintain a doghouse in proper condition 4.2 $80.00 $120.00 $180.00 14 Keeping more than 3 dogs or cats 5.1 $80.00 $120.00 $180.00 15 Operating a commercial or pet kennel without specific authorization 5.3 $100.00 $150.00 $225.00 16 Allowing an animal to become a public nuisance 5.4 $100.00 $150.00 $225.00 17 Encouraging or baiting a dog to become a nuisance 5.6 $80.00 $120.00 $180.00 18 Failure to properly dispose of dog excrement 5.7 $80.00 $120.00 $180.00 19 Failure to dispose of dog excrement from the owner property 5.8 $80.00 $120.00 $180.00 20 Keeping of livestock not within a legally permitted zone 5.10 $100.00 $150.00 $225.00 21 Failure to properly dispose of a dead animal 5.11 $80.00 $120.00 $180.00 22 Failure to obtain approval by Council for keeping more than 3 dogs 5.12 $80.00 $120.00 $180.00 23 Failure to immunize against rabies your cats and dogs 5.13 $80.00 $120.00 $180.00 24 Allowing an animal to run at large 6.1 $80.00 $120.00 $180.00 25 Failure to keep a dog on a leash at all times 6.1 $80.00 $120.00 $180.00 26 Allowing an animal to trespass on private property 6.3 $80.00 $120.00 $180.00 By-law 2024-48 page 27 of 43 Appendix 6 Penalties for Infractions, Pool Enclosure By-Law 2024-43 Item Short Form wording By-law Section Administrative Penalty 1st Offence Administrative Penalty 2nd Offence Administrative Penalty 3rd Offence 1. Placing water in a swimming pool without having a prescribed fence 4.(a) $75.00 $100.00 $125.00 2. Fail to provide temporary fencing 4.(b) $75.00 $100.00 $125.00 3. Allowing water to remain in a pool without having a prescribed fence 5. $75.00 $100.00 $125.00 4. Draining the pool water on adjacent property 6. $75.00 $100.00 $125.00 5. Connection to an electrical circuit without obtaining a permit with ESA 7. $75.00 $100.00 $125.00 6. Install a pool without a permit 8. $75.00 $100.00 $125.00 7. Fail to erect an adequate enclosure around the pool 15.(1) $75.00 $100.00 $125.00 8. Fail to totally enclose pool area with fence 15.(1) $75.00 $100.00 $125.00 9. Enclosure for a swimming pool under the required height 15.(2)(a) $75.00 $100.00 $125.00 10. Enclosure for a swimming pool not constructed according to the approved design 15.(2)(b) $75.00 $100.00 $125.00 11. Enclosure for a swimming pool not structurally sound 15.(2)(d) $75.00 $100.00 $125.00 12. Installing the fence too close to the swimming pool 15.(2)(e) $75.00 $100.00 $125.00 13. Fail to provide proper height on gate 15.(3)(a) $75.00 $100.00 $125.00 14. Fail to provide prescribed hardware on access door 15.(3)(b) $75.00 $100.00 $125.00 By-law 2024-48 page 28 of 43 15. Fail to keep the gate lock 15.(3)(c) $75.00 $100.00 $125.00 16. Fail to remove ladder or steps when pool is without supervision 15.(3)(d) $75.00 $100.00 $125.00 17. Fail to provide 36" between pool and any apparatus 15.(9) $75.00 $100.00 $125.00 18. Fail to design the enclosure to prevent climbing 16.(b) $75.00 $100.00 $125.00 19. Fail to provide proper height on gate 16.(c) & (f) $75.00 $100.00 $125.00 20. Enclosure with spaces more than 4 inches 16.(e) $75.00 $100.00 $125.00 21. Fail to install and maintain an enclosure as per notice sent under Section 18 of this By- law. 19 $150.00 $250.00 $350.00 Appendix 7 Penalties for Infractions, Obstruction of Highways By-Law 2001-29 Item Short Form Wording By-law Section Administrative Penalty 1st Offence Administrative Penalty 2nd Offence Administrative Penalty 3rd Offence 1. Obstructing, excavating, injuring or fouling any highway, sidewalk or bridge 2.(a) $115.00 $215.00 $315.00 2. Obstructing ditches or culverts upon highways 2.(b) $115.00 $215.00 $315.00 3. Depositing, dropping, scattering, spilling or throwing any matter on any highway, sidewalk or bridge 2.(c) $115.00 $215.00 $315.00 4. Permitting to be deposited, dropped, scattered, spilled or thrown any matter on any highway, sidewalk or bridge 2.(c) $115.00 $215.00 $315.00 By-law 2024-48 page 29 of 43 5. Littering on any highway, sidewalk or bridge 2.(c) $115.00 $215.00 $315.00 6. Throwing, placing or depositing snow and/or ice on any highway, sidewalk or bridge 2.(d) $115.00 $215.00 $315.00 7. Permitting to be thrown, placed or deposited snow and /or ice on any highway, sidewalk or bridge 2.(d) $115.00 $215.00 $315.00 8. Permitting to obstruct, injure or foul any highway, sidewalk or bridge 2.(e) $115.00 $215.00 $315.00 9. Permitting or allowing any substance to be blown from a private property onto a highway, sidewalk or bridge 2.(f) $115.00 $215.00 $315.00 10. Obstructing a drain, gutter, ditch or water course along or upon any highway 2.(g) $115.00 $215.00 $315.00 11. Permitting or allowing water to escape upon, overflow or run across or upon any highway, sidewalk or bridge 2.(h) $115.00 $215.00 $315.00 12. Throwing, piling or causing any cordwood or firewood to be thrown or piled upon a highway, sidewalk or bridge 2.(i) $115.00 $215.00 $315.00 13. Sawing or splitting any cordwood or firewood upon any highway or sidewalk 2.(i) $115.00 $215.00 $315.00 14. Preventing the use of part of a highway or sidewalk for more than one hour 2.(j) $115.00 $215.00 $315.00 15. Allowing any part of a tree, shrub or sapling to extend over or upon any highway, sidewalk or bridge 2.(k) $115.00 $215.00 $315.00 By-law 2024-48 page 30 of 43 16. Moving or causing to be moved a vehicle equipped with cleats, flanges or tracks on its wheels or rollers on or along the travelled portion of the roadway, sidewalk or bridge 2.(l) $115.00 $215.00 $315.00 17. Removing a barricade or notice or enter upon or use a highway, sidewalk or bridge temporarily closed 2.(m) $115.00 $215.00 $315.00 18. Removing or moving a barricade, sign or light placed around any excavation on any highway, sidewalk or bridge 2.(n) $115.00 $215.00 $315.00 19. Obstructing pedestrians or traffic upon highways, sidewalks or bridge 3. $115.00 $215.00 $315.00 20. Constructing doorsteps, porches or other with a projection into or over any highway 4. $115.00 $215.00 $315.00 Appendix 8 Penalties for Infractions, Fire Control By-Law 2024-47 Item Short Form Wording By-law Section Administrative Penalty 1st Offence Administrative Penalty 2nd Offence Administrative Penalty 3rd Offence 1. Setting an open fire without a permit 3.(b) $125.00 $175.00 $225.00 2. Setting an open fire or closed fire to unapproved material 5.(a) $125.00 $175.00 $225.00 3. Setting fire to more than 1 cubic meter of material 5.(b) $125.00 $175.00 $225.00 4. Failing to have means of extinguishment at an open fire 5.(c) $125.00 $175.00 $225.00 5. Setting an open fire before sunrise or after sunset 5.(d) $125.00 $175.00 $225.00 By-law 2024-48 page 31 of 43 6. Failing to supervise an open fire at all times 5.(e) $125.00 $175.00 $225.00 7. Failing to extinguish a fire 5.(e) $125.00 $175.00 $225.00 8. Failing to notify the Fire Department when fire is lit or put out 5.(f) $125.00 $175.00 $225.00 9. Failing to notify neighbors of intentions to set an open fire 5.(g) $125.00 $175.00 $225.00 10. Setting an open fire during windy conditions 5.(h) $125.00 $175.00 $225.00 11. Setting an uncontained fire 5.(i) $125.00 $175.00 $225.00 12. Setting an open fire closer than 30 meters from a building or uncleared land 5.(j) $125.00 $175.00 $225.00 13. Setting an open fire directly to grass, leaves, crops, synthetics and household waste 5.(k) $125.00 $175.00 $225.00 14. Setting an open fire or closed fire causing impairment to persons or animals and/or damage to property 5.(l) $125.00 $175.00 $225.00 15. Setting a fire during a fire ban 5.(m) $125.00 $175.00 $225.00 16. Setting a fire on asphalt, a highway or on public property 5.(n) $125.00 $175.00 $225.00 17. Failing to extinguish a fire as ordered 6.(g) $225.00 $275.00 $325.00 Appendix 9 Penalties for Infractions, Fence By-law 2000-35 Item Short Form Wording By-law Section Administrative Penalty 1st Offence Administrative Penalty 2nd Offence Administrative Penalty 3rd Offence 1. Constructing an unstable fence and/or with poor material not suitable for its purpose 3.1 $105.00 $155.00 $225.00 By-law 2024-48 page 32 of 43 2. Constructing a fence which may adversely affect the safety of the public 3.2 $105.00 $155.00 $225.00 3. Constructing a fence which will, does or may affect the safety of the public, vehicular or pedestrian traffic 3.3 $105.00 $155.00 $225.00 4. Constructing a fence which obscures a clear view at street intersection, driveways, railway tracks 3.4 $105.00 $155.00 $225.00 5. Constructing a fence with electric current and is abutting a residential area 3.5 $105.00 $155.00 $225.00 6. Constructing a fence with the most finished side of the wrong side. 3.6 $105.00 $155.00 $225.00 7. Constructing a barbed wire fence adjacent to a residential area and/or may affect the safety of the public 3.7 $105.00 $155.00 $225.00 8. Failure to put up signs indicating electric fence and/or barbed wire fence, where permitted 3.8 $105.00 $155.00 $225.00 9. Constructing a fence over 1.2 m and/or 2 meters 4.1(1) $105.00 $155.00 $225.00 10. Constructing a fence over 2.5 m in a non- residential area 4.2(1) $105.00 $155.00 $225.00 11. Erecting a fence without a permit 6. $105.00 $155.00 $225.00 Appendix 10 Penalties for Infractions, Sign By-Law 2013-15 (as amended by By-law 2018-18) Item Short Form Wording By-law Section Administrative Penalty 1st Offence Administrative Penalty 2nd Offence Administrative Penalty 3rd Offence By-law 2024-48 page 33 of 43 1. Erecting or relocating a sign without a permit 2.1 $105.00 $155.00 $225.00 2. Causing the erection or relocation of a sign without a permit 2.1 $105.00 $155.00 $225.00 3. Failing to have the sign structure approved by an architect or an engineer 4.2 $105.00 $155.00 $225.00 4. Failing to provide proper supports for the sign 5.1 $105.00 $155.00 $225.00 5. Improperly supporting a sign with guy wires, ropes, chains or other similar material 5.2 $105.00 $155.00 $225.00 6. Electrical work in a sign to be approved by Electrical Safety Authority 5.4 $105.00 $155.00 $225.00 7. Fail to provide a minimum of 3 m clearance from the ground for signs extending over street, sidewalk or public place 5.5 $105.00 $155.00 $225.00 8. Fail to obtain an encroachment permit for a sign extending over a street, land or public place 5.6 $105.00 $155.00 $225.00 9. Fail to maintain sign in good condition 5.7 $105.00 $155.00 $225.00 10. Fail to provide a minimum of 1.5 m from the sign to a public road 5.8 $105.00 $155.00 $225.00 11. Fail to provide a clear view to vehicle or pedestrian 5.8 $105.00 $155.00 $225.00 12. Fail to provide a minimum of 1.5 m between the sign and an adjacent property 5.9 $105.00 $155.00 $225.00 13. Erecting signs closer than 20 m between signs 5.10 $105.00 $155.00 $225.00 14. Failure to reflect light away for adjacent premises or streets from an illuminated sign 6.4 $105.00 $155.00 $225.00 By-law 2024-48 page 34 of 43 15. Failure to provide a minimum setback of 50 feet from all street lines to a Billboard sign 7.3(a) $105.00 $155.00 $225.00 16. Failure to provide a minimum setback of 50 feet from any common lot boundary with an adjacent lot 7.3(h) $105.00 $155.00 $225.00 17. Installing a banner sign without the approval of Council 10.1 $105.00 $155.00 $225.00 18. Installing an A-frame sign over 1.5 sq. m in sign area or exceeding 1.2 m in height 11.1 $105.00 $155.00 $225.00 19. Failure to locate an a-frame sign between .5 m and 1.2 m from the curb 11.3 $105.00 $155.00 $225.00 20. Failure to maintain a minimum unobstructed sidewalk of 1.5 m with an A-frame sign 11.3 $105.00 $155.00 $225.00 21. Installing an A-frame sign within the sight triangle as defined in the By-law 11.4 $105.00 $155.00 $225.00 22. Installing a residential home occupation sign over 0.5 sq. m in surface area and more than 1.4 m in height 17.3(a) $105.00 $155.00 $225.00 23. Installing a residential home occupation sign closer than 5 m to the front property line 17.3(a) $105.00 $155.00 $225.00 24. Installing a rural home occupation sign over 1 sq. m in surface area and more than 2.4 m in height 17.3(b) $105.00 $155.00 $225.00 25. Installing a rural home occupation sign closer than 7.5 m to the front property line 17.3(b) $105.00 $155.00 $225.00 26. Installing a sign on a hydro electric utility pole, on a road allowance or municipal property. 19.1 $105.00 $155.00 $225.00 27. Installing a sign which obstruct the view or interfere with traffic signs, signal or warning device 19.2 $105.00 $155.00 $225.00 By-law 2024-48 page 35 of 43 28. Installing a sign which obstruct the view of pedestrian or driver of a motor vehicle 19.3 $105.00 $155.00 $225.00 29. Installing a sign which interfere with vehicular movement and creating a hazard 19.3 $105.00 $155.00 $225.00 30. Installing a sign within a sight triangle as defined in this By-law 19.10 $105.00 $155.00 $225.00 31. Installing a sign on a vehicle or trailer when prohibited, for the purpose of advertisement 20.1 $105.00 $155.00 $225.00 32. Installing a prohibited sign 20.4 $105.00 $155.00 $225.00 33. Failure to remove sign where the activity, business or service is no longer in operation or available 20.5 $105.00 $155.00 $225.00 34. Failure to remove a sign from any public utility pole or streetlight pole 20.11 $105.00 $155.00 $225.00 Appendix 11 Penalties for Infractions, Property Standards By-Law 2024-46 Item Short Form Wording By-law Section Administrative Penalty 1st Offence Administrative Penalty 2nd Offence Administrative Penalty 3rd Offence 1. Failure to maintain or repair property in a good and workmanship manner 3.01 $105.00 $155.00 $225.00 2. Failure to keep yard or vacant land free of rubbish or other debris 3.02(a) $105.00 $155.00 $225.00 3. Failure to keep yard or vacant land free of health, fire or safety hazards 3.02(a) $105.00 $155.00 $225.00 4. Failure to keep yard or vacant land free of wrecked, dismantled, discarded or abandoned machinery, vehicles. trailers or boats 3.02(b) $150.00 $250.00 $350.00 5. Failure to keep yard or vacant land free from long grass, brush and/or noxious weeds 3.02(c) $105.00 $155.00 $225.00 By-law 2024-48 page 36 of 43 6. Failure to keep yard or vacant land free from dilapidated, collapsed or partially constructed structures 3.02(d) $105.00 $155.00 $225.00 7. Failure to keep yard or vacant land free from injurious insect, rodents, vermin or other pests 3.02(e) $105.00 $155.00 $225.00 8. Failure to keep yard or vacant land free from dead, decayed or damaged trees 3.02(f) $105.00 $155.00 $225.00 9. Failure to maintain yard to prevent storm water from ponding 3.03(a) $105.00 $155.00 $225.00 10. Failure to maintain yard to prevent soil erosion or instability 3.03(b) $105.00 $155.00 $225.00 11. Failure to maintain yard to keep surface water run-off from entering buildings 3.03(c) $105.00 $155.00 $225.00 12. Failure to maintain yard to prevent unsightly. appearance 3.03(d) $105.00 $155.00 $225.00 13. Failure to maintain yard to be free of garbage and refuse 3.03(e) $105.00 $155.00 $225.00 14. Failure to maintain yard free of ruts and holes 3.03(f) $105.00 $155.00 $225.00 15. Failure to maintain yard to provide for safe passage 3.03(g) $105.00 $155.00 $225.00 16. Failure to maintain yard to prevent nuisance to users of other Properties 3.03(h) $150.00 $250.00 $350.00 17. Discharge sewage other than to approved sewage system 3.04 $250.00 $350.00 $450.00 18. Discharge sewage onto surface of the ground 3.05 $250.00 $350.00 $450.00 19. Failure to drain roof drainage or sump pit waste away from roads, sidewalks, stairs, adjacent property or other public property 3.06 $105.00 $155.00 $225.00 20. Failure to maintain surfaced covering (asphalt, concrete, compacted gravel) for vehicular traffic and parking, in good repair, free of dirt and litter 3.07 $105.00 $155.00 $225.00 21. Failure to maintain surfaced paths, walkways, steps, ramps, driveways, and parking areas to provide safe passage in inclement weather 3.08 $250.00 $350.00 $450.00 22. Failure to maintain accessory building fences and other structures in structurally sound condition and in good repair 3.09 $105.00 $155.00 $225.00 By-law 2024-48 page 37 of 43 23. Failure to protect accessory buildings, fences and other structures including signs, from deterioration 3.10 $105.00 $155.00 $225.00 24. Failure to maintain an accessory building or a condition on the property, from harboring noxious insects, rodents or vermin 3.11 $105.00 $155.00 $225.00 25. Failure to provide suitable containers for garbage, refuse and ashes 3.12 $105.00 $155.00 $225.00 26. Putting up garbage containers more than 24 hours prior to garbage collection day 3.13 $105.00 $155.00 $225.00 27. Failure to provide proper container for plastic garbage bags stored outside 3.15 $105.00 $155.00 $225.00 28. Failure to maintain a residential property and the land in a clean sanitary and safe condition 4.01 $105.00 $155.00 $225.00 29. Failure to keep every floor, wall, ceiling and fixtures in a clean, sanitary and safe condition 4.02 $105.00 $155.00 $225.00 30. Failure to remove garbage, refuse, appliances and/or furniture in a means of egress 4.03 $105.00 $155.00 $225.00 31. Failure to keep a dwelling free from rodents, vermin and insects 4.04 $105.00 $155.00 $225.00 32. Failing to protect, screen or seal, every opening, including windows from the entry of rodents, vermin or other pers 4.05 $105.00 $155.00 $225.00 33. Failure to maintain structurally sound every part of a dwelling 4.06 $250.00 $350.00 $450.00 34. Failure to maintain walls, roofs and other exterior parts of a building free from loose or improperly secured objects or materials 4.07 $250.00 $350.00 $450.00 35. Failure to maintain foundation walls of a dwelling as to prevent the entry of rodents, insects and excessive moisture 4.08 $105.00 $155.00 $225.00 36. Failure to provide a basement (or cellar) floor of concrete, masonry or other impervious material, and where necessary, with a floor drain or sump pit 4.10 $105.00 $155.00 $225.00 By-law 2024-48 page 38 of 43 37. Failure to provide a moisture proof covering over a floor in a basement, cellar or crawl space 4.11 $105.00 $155.00 $225.00 38. Failure to maintain all exterior surfaces (walls including soffit and fascia) of residential property with adequate weather protection 4.12 $105.00 $155.00 $225.00 39. Failure to maintain doors, windows, skylight, hatchways in good repair, weather tight and draught-free 4.14 $105.00 $155.00 $225.00 40. Failure to provide suitable hardware for doors and windows for opening and locking purposes 4.15 $105.00 $155.00 $225.00 41. Failure to maintain a residential voice communication system for the security of locking and releasing the entrance doors, in good working order 4.17 $105.00 $155.00 $225.00 42. Failure to maintain the roof in a weather tight condition, free from loose objects and materials 4.19 $105.00 $155.00 $225.00 43. Failure to remove excessive ice and snow from the roof, which might create a safety hazard 4.20 $105.00 $155.00 $225.00 44. Failure to maintain eaves troughing and roof gutters 4.21 $105.00 $155.00 $225.00 45. Failure to maintain every wall, ceiling and floor free of holes, cracks, loose coverings or other defects. 4.22 $105.00 $155.00 $225.00 46. Failure to maintain waterproof walls surrounding showers and bathtubs 4.22 $105.00 $155.00 $225.00 47. Failure to maintain every floor in a smooth and level, and free of loose, warped, protruding, broken or rotted boards which might cause an accident 4.23 $250.00 $350.00 $450.00 48. Failure to maintain every floor as to prevent the entry of rodents, vermin or insects 4.23 $105.00 $155.00 $225.00 49. Failure to maintain every floor in a bathroom, toilet room, laundry or kitchen to be impervious to water 4.24 $250.00 $350.00 $450.00 50. Failure to keep stairs, ramps, porches, balconies, and landings free of hazardous defects 4.25 $250.00 $350.00 $450.00 By-law 2024-48 page 39 of 43 51. Failure to install and maintain guards and handrails on ramp or stairway 4.26 $250.00 $350.00 $450.00 52. Failure to provide proper kitchen as described in this By- law 4.27 $105.00 $155.00 $225.00 53. Failure to provide a proper bathroom with water closet, washbasin and a bathtub or shower as described in this By-law 4.28 $105.00 $155.00 $225.00 54. Failure to provide a door capable of being locked on a bathroom or toilet room 4.32 $105.00 $155.00 $225.00 55. Failure to provide an adequate supply of hot (min. 43ºC) and cold running water to each washbasin, bathtub or shower and kitchen sink 4.34 $250.00 $350.00 $450.00 56. Failure to provide potable running water 4.35 $250.00 $350.00 $450.00 57. Failure to maintain all plumbing fixtures, drains and water supply in good working conditions 4.36 $250.00 $350.00 $450.00 58. Failure to maintain all electrical wiring, fixtures, receptacles and appliances in good working condition 4.40 $250.00 $350.00 $450.00 59. Failure to provide enough electrical duplex outlet in each habitable room 4.41 $105.00 $155.00 $225.00 60. Failure to provide permanent light fixture in each room of the dwelling 4.42 $105.00 $155.00 $225.00 61. Failure to provide sufficient illumination as to avoid health of accident hazards 4.43 $105.00 $155.00 $225.00 62. Failure to provide a suitable heating system capable of maintaining an indoor temperature of 21ºC, and in good working condition 4.44 $250.00 $350.00 $450.00 63. Failure to provide properly vented to the outside, every fuel burning appliances 4.48 $250.00 $350.00 $450.00 64. Failure to maintain every chimney, smoke-pipe, flue and vent in good condition 4.50 $105.00 $155.00 $225.00 65. Failure to provide a heating system which is common to more than one dwelling, in a room with appropriate fire resistance rating 4.51 $250.00 $350.00 $450.00 66. Failure to provide listed smoke alarms in every dwelling unit 4.53 $250.00 $350.00 $450.00 67. Failure to provide natural or mechanical ventilation in every habitable room, including a bathroom and kitchen 4.59 $105.00 $155.00 $225.00 68. Failure to maintain the mechanical ventilation system in good working order 4.60 $250.00 $350.00 $450.00 By-law 2024-48 page 40 of 43 69. Failure to provide adequate ventilation in every basement, cellar, crawl space and attic or roof space 4.61 $105.00 $155.00 $225.00 70. Failure to maintain the air conditioner in a safe and good working condition 4.62 $105.00 $155.00 $225.00 71. Failure to maintain elevators and other elevating devices in good working condition 4.64 $105.00 $155.00 $225.00 72. Failure to remove a damaged or partially burnt building from the premises 4.69 $250.00 $350.00 $450.00 73. Failure to provide 4' high barricades around a damaged or partially damaged building 4.69 $250.00 $350.00 $450.00 74. Failure to demolish, foundation filled, and land cleared, of a building with irrecoverable fire damage 4.69 $250.00 $350.00 $450.00 75. Failure to disconnect utilities from vacant building 5.05 $105.00 $155.00 $225.00 76. Failure to keep clear of all garbage, rubbish and debris every vacant building 5.05 $105.00 $155.00 $225.00 77. Failure to board up vacant building as requested by the Property Standards Officer 5.06 $105.00 $155.00 $225.00 78. Failure to maintain in a sound condition every part of a non- residential building 6.06 $250.00 $350.00 $450.00 79. Failure to keep free of loose or improperly secured materials or objects, every wall, roof and other exterior parts of a non- residential building 6.07 $250.00 $350.00 $450.00 80. Failure to remove unauthorized signs, painted slogans and graffiti on exterior walls of a non-residential building 6.09 $250.00 $350.00 $450.00 81. Failure to maintain guards and handrails on open sides of any stairway or ramp of non-residential buildings 6.10 $250.00 $350.00 $450.00 82. Failure to provide the proper size and amount of exits in a non- residential building 6.12 $250.00 $350.00 $450.00 83. Failure to provide a mechanical room for the heating system in a non-residential building 6.14 $250.00 $350.00 $450.00 84. Failure to comply with the standards for heritage properties 7.01 $105.00 $155.00 $225.00 85. Failure to repair a heritage attribute of a heritage property 7.02 $105.00 $155.00 $225.00 86. Failure to comply with an Order 8.10 $250.00 $350.00 $450.00 By-law 2024-48 page 41 of 43 Appendix 12 Penalties for Infractions, Appendix 12: Taxi By-Law 2000-18 (as amended by By-laws 2001-61, 2009-65, 2010-48, 2012-78) Item Short Form Wording By-law Section Administrative Penalty 1st Offence Administrative Penalty 2nd Offence Administrative Penalty 3rd Offence 1. Disturb other persons 2.18.4 $105.00 $155.00 $225.00 2. Engage or conduct taxicab business while license is suspended 2.37 $105.00 $155.00 $225.00 3. Operate a vehicle as a taxicab without a license 3.1 $300.00 $400.00 $600.00 4. Fail to maintain taxicab in a clean condition 3.5 $105.00 $155.00 $225.00 5. Operate a taxicab without spare tire and lifting jack 3.6 $105.00 $155.00 $225.00 6. Operate a taxicab as a delivery or courier service 3.7 $105.00 $155.00 $225.00 7. Operate a taxicab without a taxicab driver's license 5.1 $105.00 $255.00 $325.00 8. Fail to produce trip records 5.6.1 $105.00 $155.00 $225.00 9. Fail to display photo identification card 5.6.2 $105.00 $155.00 $225.00 10. Fail to keep appointments or engagements 5.6.3 $105.00 $155.00 $225.00 11. Fail to serve first person offering to hire him/her 5.6.4 $105.00 $155.00 $225.00 12. Fail to travel by the most direct route 5.6.8 $105.00 $155.00 $225.00 13. Take or consume or have in possession any intoxicant 5.7.2 $105.00 $255.00 $325.00 14. Use abusive language, annoy or insult any person 5.7.3 $105.00 $155.00 $225.00 By-law 2024-48 page 42 of 43 15. Exceed number of persons in vehicle according to manufacture's rating 5.7.5 $105.00 $155.00 $225.00 16. Smoke while driving, without consent of passenger 5.7.9 $105.00 $155.00 $225.00 17. Charge any fare or rate which is contrary to those set out in this By-law 5.7.11 $105.00 $155.00 $225.00 18. Operate a taxicab company without a license 6.1 $300.00 $400.00 $600.00 19. Permit any driver to drive a taxicab without a license 6.3 $105.00 $155.00 $225.00 20. Use an unapproved vehicle as a taxicab 6.5 $105.00 $255.00 $325.00 21. Licensee - fail to ensure taxicab driver holds a valid license 6.10 $105.00 $155.00 $225.00 22. Fail to keep taxicabs clean and in good repair 6.14.4 $105.00 $155.00 $225.00 23. Fail to display tariff rates 6.14.5 $105.00 $155.00 $225.00 24. Operate a taxicab without a sealed taxi meter 8.2 $105.00 $255.00 $325.00 By-law 2024-48 page 43 of 43 Appendix 13 Administrative Fees ITEM FEE AMMOUNT MTO Search Fee $10.00 Late Payment Fee $25.00 NSF Fee $25.00 Hearing Non-appearance Fee $100.00 Plate Denial Request Fee $22.00 Service by Registered Mail Fee $15.00 Title Search Fee $40.00 Note: Fees listed in Schedule "B" to this By-law will be subject to Harmonized Sales Tax (H.S.T.) where applicable.