By-law No. 2025-035 - Administrative Penalties amendment (owner-occupied STR)

Niagara Falls, Ontario · adopted 2025-07-08

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CITY OF NIAGARA FALLS By-law No. 2025 - 035 A by-law to amend By-law No. 2024-045 the Administrative Penalties (Non-Parking) By- law, to include administrative penalties for Owner Occupied Short-Term Accommodations. WHEREAS Section 434.1 of the Municipal Act, 2001, S.O. 2001, c. 25 (the "Municipal Act") authorizes a municipality 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 passed under the Municipal Act, in order to assist the municipality in promoting compliance with its by-laws; AND WHEREAS the Council of the City of Niagara Falls passed the Administrative Penalties (Non-Parking) By-law (By-law No. 2024-045) on April 30, 2024 to designate certain by-laws, or parts of such by-laws, to which administrative penalties under section 434.1 of the Municipal Act shall apply; AND WHEREAS the Council of the City of Niagara Falls approved Official Plan Amendment 180 and Zoning By-law No. 2025-032 on July 8th, 2025 to allow for Owner Occupied Short-Term Rentals within the City of Niagara Falls; AND WHEREAS the Council of the City of Niagara Falls considers it desirable to amend by-law 2024-045 to include the application of administrative penalties under section 434.1 of the Municipal Act in relation to Owner Occupied Short-Term Accommodations; AND WHEREAS it is deemed desirable to amend By-law No. 2024-045 accordingly, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That PART II - DEFINTIONS of By-law No. 2024-045 is amended by adding the following definitions alphabetically: i. "Owner Occupied Short-Term Accommodation" means an Owner Occupied Short-Term Rental or a Bed and Breakfast but shall not include a Vacation Rental Unit; ii. "Owner Occupied Short-Term Rental" means a home occupation in a dwelling unit within or accessory to a Principal Residence that is rented out by the Owner to a single group of the travelling public for a period of 28 consecutive days or less and is licensed by the City of Niagara Falls to carry out a business;" 2. That Schedule A of By-law No. 2024-045 be repealed and replaced with Schedule A attached to this by-law. 3. All other applicable provisions and regulations set out in By-law No. 2024-045 shall remain the same and shall continue to apply, with the necessary changes in detail. 4. That the City Clerk is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law after the passage of this by-law. 5. This By-law will become effective the day following the final day of appeal of Official Plan Amendment No. 180 and Zoning By-law No. 2025-032, provided no appeals are received. Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of July, 2025. .................................................................. JAMES M. DIODATI, MAYOR ....................................................................... MARGARET CORBETT, DEPUTY CLERK SCHEDULE "A" CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW DESIGNATED BY-LAW PROVISIONS General Prohibitions and related Administrative Penalties (for all Designated By- laws): Failing to comply with an order. $500 Preventing, hindering or obstructing an Officer. $400 Attempting to hinder or obstruct an Officer. $400 Hinder or obstruct any person exercising power or duty under the Designated By-law. $400 Attempt to hinder or obstruct any person exercising power or duty under the Designated By-law. $400 NOISE CONTROL BY-LAW NO. 2004-105 (as amended by By-law No. 2005-73, By- law No. 2007-28 and By-law No. 2014-155) For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Noise Control By-law No. 2004-105, as amended, that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administ rative Penalty General Prohibition 1 Section 2 Cause or permit noise or vibration disturbance that interferes with peaceful enjoyment. $300 Section 3, Schedule 2 Specific Prohibitions 2 Subsection 1. Revving of an engine or motor. $300 3 Subsection 2. Operation of a motor vehicle in such a way that the tires squeal. $300 4 Subsection 3. Operation of a motor vehicle, engine, motor, construction equipment or pneumatic device without an effective exhaust, intake-muffling or other sound attenuation device, which device is in good working order and in constant operation. $300 5 Subsection 4. Operation of a conveyance or a motor vehicle, with or without a trailer, resulting in banging, clanking, squealing or other sounds due to improperly-secured loads or equipment, or inadequate maintenance. $300 6 Subsection 5. Operation of a motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices. $300 Section 4.1, Schedule 3 Time and Activity Prohibitions 7 Subsection 1. Persistent barking, whining, calling or other similar sound made by any domestic pet or other animal kept or used for any purpose other than agriculture, at any time. $300 8 Subsection 2. Persistent yelling, shouting, screaming, whistling, hooting or singing, at any time. $300 9 Subsection 3. Activation of a security alarm resulting in sound for a duration in excess of five minutes, at any time. $300 10 Subsection 4. Operation of construction equipment in connection with construction between 7:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 11 Subsection 5. Operation of any power device or non-power device or tool for domestic purposes, except snow blowers, between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 12 Subsection 6. Operation of solid waste, refuse or recyclable bulk-lift or refuse-compacting equipment between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 13 Subsection 7. Operation of an engine or motor which is used in or is intended for use in, a toy or a model or replica of any device, which toy, model or replica has no function other than amusement and which is not a conveyance, between 9:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 14 Subsection 8. Vehicle repairs, between 9:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 15 Subsection 9. The loading, unloading, delivering, packing, unpacking or otherwise handling of any containers, products or materials between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 16 Subsection 10. The use of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro-mechanical transducers and intended for the production, reproduction or amplification of sound between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 17 Subsection 11. The playing of music between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 CLEAN YARD BY-LAW NO. 2007- 41 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Clean Yard By-law No. 2007- 41 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person's expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2(1) Failure to keep drain in operative state. $250 2 Section 2(2) Failure to alter drain as required. $250 3 Section 3 Throw or deposit refuse on private or public land. $250 4 Section 4 Failure to provide sanitary disposal of sewage and drainage. $250 5 Section 5(1) Failure to keep land free and clear of refuse. $250 6 Section 5(2) Failure to cover refuse as may be prescribed by the Manager in writing. $250 7 Section 6 Storing vehicle for wrecking or dismantling them, or salvaging parts for sale or other disposal. $250 8 Section 7 Parking or storing any vehicles on non- surfaced parking area. $250 9 Section 8 Grass not kept less than 20 cm in height. $250 10 Section 14(2) Fail to comply with an Order. $500 REGULATE AND LICENSE VACATION RENTAL UNITS AND OWNER OCCUPIED SHORT-TERM ACCOMODATIONS BY-LAW NO. 2001-31 (as amended by By-law No. 2021-57 and further amended by By-law No. 2021-99 and By-law No. 2025-033) For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Regulate and License Vacation Rental Units and Owner Occupied Short-Term Accommodations By-law No. 2001-31, as amended, that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. (d) All Administrative Penalty amounts in this section are per diem, meaning that they are charged once per day of a continuing contravention. Item Column 1 Designated Provision (By-law 2021-57) Column 2 Short Form Wording Column 3 Administrative Penalty 1 2.3 Own or operate, or permit the operation of a Vacation Rental Unit without a current valid licence. $1000 per diem 2 2.4 Own or operate, or permit the operation of an Owner Occupied Short-Term Accommodation without a current valid licence. $1000 per diem 3 2.5 Own or operate a Vacation Rental Unit or an Owner Occupied Short-Term Accommodation other than in accordance with the terms and conditions of a licence, the terms and conditions of this By-law. $1000 per diem 4 2.6 Advertise, promote, broker, or offer for rent or lease a Vacation Rental Unit without a current valid licence. $1000 per diem 5 2.7 Advertise, promote, broker, or offer for rent an Owner Occupied Short-Term Accommodation without a current valid licence. $1000 per diem 6 2.8 Alter or modify or permit the alteration or modification of a licence. $1000 per diem 7 2.9 Use or attempt to use a licence issued to another Person. $1000 per diem 8 2.10 Own, operate or carry on any business in any other name other than in the name that appears on the licence. $1000 per diem 9 2.11 Knowingly makes a false statement in an application, declaration, affidavit or paper writing required by By-law or the City. $1000 per diem 10 2.12 Contravene any provision set out in this By- law, any other municipal by-law, federal or provincial Act, statute, or any other legislation applicable to the licensed premises. $1000 per diem + one-time charge of all legal fees and disbursements incurred by the City in any resulting prosecution 11 2.13 Remove an order or placard posted on the premises under this By-law, except an Officer. $1000 per diem 12 2.14 Own, operate or carry on any business while a licence is under an administrative suspension. $1000 per diem 13 2.15 Discriminate against any member of the public in the carrying on, conducting or operating of an Owner Occupied Short- Term Accommodation or a Vacation Rental $1000 per diem Unit on the basis of race, colour, creed, gender or sexual orientation. PROPERTY STANDARDS BY-LAW 2015-101 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Property Standards By-law 2015-101 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person's expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty Section 2.1 Maintenance of Yards and Exterior Paths of Travel 1 Section 2.1.1 No yard shall contain dilapidated, collapsed or partially constructed structures which are not currently under construction. $350 Section 2.3 Retaining Walls and Accessory Structures 2 Section 2.3.1 All retaining walls and accessory buildings shall be kept in good repair and free from health and safety hazards and shall be protected by paint, preservative or other weather resistant material. $350 Section 2.4 Pest Prevention 3 Section 2.4.1 All buildings shall be kept free of conditions that would permit or cause an infestation of rodents, vermin and insects. Methods used for exterminating rodents, vermin or insects shall be in accordance with the provisions of the Environmental Protect Act, the Pesticides Act and any other applicable regulations, acts or municipal by-laws. $350 Section 3.5 Heating and Cooling Systems 4 Section 3.5.1 Every dwelling unit shall be provided with a heating system capable of continuously maintaining an indoor air temperature of not less than: (1) 22°C [72°F] in all habitable rooms and interior living spaces (excluding attached garages); (2) 22°C [72°F] in unfinished basement spaces; and (3) 15°C [59°F] in heated crawlspaces. $350 Section 7.2 Landlord Responsibilities 5 Section 7.2.1 Every landlord shall provide adequate vital services to each of the landlord's occupied residential rental units, and no landlord shall cease to provide a vital service for a residential rental unit if it is occupied by the tenant. $500 Section 9.1 Obligations and Prohibitions 6 Section 9.1.1 No Owner or occupant of property shall use, occupy, allow, permit or acquiesce in the use or occupation of the property unless such property conforms to the standards prescribed in this by-law. $450 7 Section 9.1.2 No person, being the Owner, tenant or occupant of a property, shall fail to maintain the property in conformity with the standards required by this by-law. $450 8 Section 9.1.7 Failure to comply with an Order under this by- law. $500 PUBLIC NUISANCE BY-LAW NO. 2009-73 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Public Nuisance By-law No. 2009-73 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person's expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2.1 Urinate/defecate/vomit/spit in a public place $500 2 Section 2.2 Knock over a Canada Post mailbox / newspaper box / bench / fence/ blue box / garbage can or other structure or object in a public place $400 3 Section 2.2 Attempt to knock over a Canada Post mailbox / newspaper box / bench / fence / blue box / garbage container or other structure or object in a public place $400 4 Section 2.3 Loiter in a public place $500 5 Section 2.4 Participate in a fight in any public place $500 6 Section 2.5 Mark or apply graffiti on any public place, including signs, or private property $500 7 Section 2.6 Leave / throw / deposit any bottles / glass or other materials on public or private property $500 8 Section 2.7 Cause, permit or allow large doors or garage type doors of premises serving alcohol to remain open after 11:00pm $450 CONSOLIDATED LICENSING BY-LAW NO. 2001-31 PROHIBITIONS AGAINST ILLEGAL PEDDLING & SOLICITATION For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Consolidated Licensing By- law No. 2001-31 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 3 Operate any trade, calling, business or occupation without a licence. $500 2 Schedule 11, Section 8(5) Solicit on a highway on behalf of a commercial parking lot $500 REQUIRE ADEQUATE HEAT - RENTAL - BY-LAW NO. 93-242 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Require Adequate Heat - Rental - By-law No. 93-242 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person's expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2 Failure to provide adequate and suitable heat in a dwelling unit. $500 CONTROL IDLING OF VEHICLES BY-LAW NO. 98-217, as amended by BY-LAW NO. 99-217 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Control Idling of Vehicles By- law No. 98-217 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2(1) Permit vehicle to idle longer than 3 minutes $350 PLAYING OF BAND AND MUSICAL INSTRUMENTS ON CITY PROPERTY, BY-LAW NO. 99-16 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Playing of Band and Musical Instruments on City Property By-law No. 99-16 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2 Playing a musical instrument on a highway, park or public place $450 SWIMMING POOL BY-LAW NO. 2014-58 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Swimming Pool By-law No. 2014-58 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person's expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2.1.1 No person shall excavate for, or erect, or cause or permit excavation for, or erection of, any outdoor swimming pool and/or swimming pool enclosure without first obtaining a permit from the Chief Building Official. $400 2 Section 3.1.1 An outdoor swimming pool or private spa shall not be located within any front yard. $200 3 Section 3.1.2 (residential) An outdoor swimming pool shall have no interior wall surface located within 1.8m [5.9 ft.] of the main wall of any dwelling on such lot or on any adjoining lot. $250 4 Section 3.2.1 (non- residential) An outdoor swimming pool shall have no interior wall surface located within 1.8m [5.9 ft.] of the main wall of any primary building on such lot or on any adjoining lot. $250 5 Section 4.1.1 The owner of any lands on which an outdoor swimming pool is located or erected shall erect a swimming pool enclosure around the entire swimming pool area, in accordance with the provisions of this by-law. $400 6 Section 4.1.2 The height of a swimming pool enclosure required by this by-law shall be a minimum of 1.07m [42 in.] in height, as measure from ground level at the exterior face of the enclosure. $350 7 Section 4.5.4 No person shall keep an outdoor swimming pool or private spa unless it is maintained in good repair and working condition. $250 8 Section 4.5.5 No person shall cause or permit an outdoor swimming pool or private spa to contain standing water for a period in excess of three (3) days. $250 FENCE BY-LAW NO. 2005-70, as amended by BY-LAW NO. 2014-153 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Fence By-law No. 2005-70, as amended by By-law No. 2014-153 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person's expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 3.1 No person shall erect, or caused to be erected, or maintain or cause to be maintained, any fence within the municipality unless such fence is a lawful fence. $350 2 Section 4.1 No fence shall be maintained, or caused to be maintained, in a damaged or disrepaired state of condition by reason of fire, decay or otherwise and all fences shall be constructed or caused to be constructed in a sound manner and shall be straight and true. $350 3 Section 6.1 Subject to section 5 of this By-law, no fence of a height greater than 1 metre above the adjoining ground level, shall be erected or maintained, or caused to be erected or maintained, in any front yard, provided, however, that the portion of any such fence erected or maintained along the side or rear lot line of the rear yard of any adjoining property may be of a height not greater than 2.5 metres. $300 4 Section 7.1 Subject to section 5 of this By-law, no fence of a height greater than 2.5 metres above the adjoining ground level, shall be erected or $300 maintained, or caused to be erected or maintained, in any rear yard, provided, however, that the portion of any such fence erected or maintained along the side lot line of the front yard of any adjoining lot shall not be of a height greater than1 metre unless such fence is erected or maintained in the rear yard of a corner lot along the side lot line of the front yard of an adjoining property, in which case the fence may be erected or maintained to a height not greater than 2.5 metres. SIGN BY-LAW NO. 2021-24 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Sign By-law No. 2021-24 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person's expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 3.3.1 Except for signs referred to in section 3.5.1, no person shall erect, display or maintain a sign on private property unless a permit is obtained under the provisions of this By-law prior to the erection for that sign. $450 2 Section 3.6.1 Any sign not expressly permitted by this By- law is prohibited and without limiting the $400 generality of the foregoing, the following signs are specifically prohibited: (a)A sign located on or over public property; (b)Bench sign; (c)A sign located so as to obstruct the view of any pedestrian or motorist so as to cause an unsafe condition; (d)A sign attached to or displayed on a vehicle or trailer which is parked or located for the primary purpose of displaying the sign or advertisement; (e)A sign which obstructs or is located in a parking space that is required to enable the premises upon which the portable or temporary sign is located to comply with the requirements of a City of Niagara Falls Zoning By-law; (f)A sign located in a daylight triangle; (g)An inflatable sign; (h)No sign located within 30 metres of an intersection shall contain any green or red lettering or graphics that are illuminated or flashing; (i)Any sign which violates in any way any statute, regulation or by-law of the Government of Canada, the Province of Ontario, the Region or the City. 3 Section 4.1 No sign shall be located so as to obstruct the view of the movement of traffic or pedestrians upon any street or railway crossing to persons using or seeking to use the street or railway crossing or of the view of any traffic signal located on or near the street, lane, highway or railway crossing. $400 4 Section 4.2 Except where otherwise permitted, no sign shall be fixed, attached to or painted onto a fence, board, tree, transit shelter, splash $400 guard, safety or guard rail, utility pole, street furniture, trash or recycling bin. 5 Section 4.7 A sign must be located or displayed at a location where that type of sign is permitted and must comply with the regulation applicable to that type of sign in that location. $350 ANIMAL CONTROL BY-LAW NO. 2019-35 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Animal Control By-law No. 2019-35 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person's expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes; (e) The provisions listed below are only a select few of the set fine provisions from Schedule G of the Animal Control By-law No. 2019-35. The balance of the set fine provisions from the By-law that are not specifically referred to below in the Penalty provisions continue to apply and will undergo the enforcement provisions of the said By- law. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 3.1.1 Failing to register a dog with the City. $100 2 Section 3.4 Failing to renew a dog registration with the City. $100 3 Section 3.16 Permitting a dog to run at large $150 4 Section 3.32 Permitting a dog to (bite/attack/chase) a person $250 5 Section 3.32 Permitting a dog to (bite/attack/chase) an animal $250 6 Section 3.34 Failing to comply with a notice respecting a dangerous dog $500 7 Section 3.40 Failing to immediately remove dog feces $100 8 Section 3.42 Keeping more than three (3) dogs over ten (10) weeks of age on a premises $150 9 Section 4.16 Permitting livestock to run at large $300 10 Section 4.38 Owner-(allow/permit) persistent barking by any domestic pet $200 11 Section 4.38 Owner-(allow/permit) persistent whining by any domestic pet $200 12 Section 4.38 Owner-(allow/permit) persistent calling by any domestic pet $200 13 Section 4.39 Owner- fail to comply with Regulations in Schedule "D" as it pertains to the keeping of Chickens $250 14 Section 4.42 Permitting a cat to run at large $150 15 Section 4.51 (Keep/Permit to be kept/Harbour) more than three cats on a premises $150 16 Section 5.4 Obstructing an officer in the execution of (his/her) duties $300