Being a by-law to regulate the operation of all terrain vehicles within the City of Clarence-Rockland.

Whereas under the provision of the Municipal Act 2001, Section 8, the powers of natural person exercise of authority and Section 11 (1) spheres of jurisdiction.

And whereas the Highway Traffic Act, R.S.O. 1990, Chapter H.8, Section 191.8, as amended provides that council of a municipality may pass by-laws;

a) permitting the operation of off-road vehicles on all highways under the jurisdiction of the City of Clarence-Rockland;  

b) prescribing a lower rate of speed for off road vehicles with three or more wheels and low-pressure bearing tires than that prescribed for off road vehicles by regulation on any highway; 

c) permitting the operation of off-road vehicles with three or more wheels and low pressure bearing tires on any highway or any part or parts thereof during specified months or hours.

Now therefore the Council of the Corporation of the City of Clarence-Rockland enacts as follows:

1. Definitions:

All Terrain Vehicle

Means an off-road vehicle that, 

i) has four wheels, the tires all of which are in contact with the ground, ii)    has a steering handlebar,

iii) has a seat that is designed to be straddled by the driver, and 

iv) is designated to carry a driver only and no passengers. 

Corporation

Means the Corporation of the City of Clarence-Rockland.

Highway

Includes a common and public highway, street, avenue, parkway, driveway, square,  place, bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

Ministry

Means the Ministry of Transportation and Communications.

Off Road Vehicle

Has the same meaning as in the Off-Road Vehicles Act.

Organized Trail

Means the whole of any trail established and maintained by a municipally recognized ATV recreational organization for the use of off road vehicles.

Park

Means lands within the City of Clarence-Rockland which is designated for parks, conservation parkland and nature trails for recreation purposes.

Peace Officer

Means a Municipal Law Enforcement Officer appointed under Section 15 of the Police Services Act to enforce by-laws.

Registration Number

Means a number or combination of letters and numbers

Serviced Roadway

Means the part of a highway that is improved, designed or ordinarily used for vehicular traffic, and includes the plowed portion of the shoulder and, where a highway includes two or more separate serviced roadways, the term Serviced roadway@ refers to any one serviced roadway separately and not to all of the serviced roadways collectively.

General Provisions

1. No person shall drive an All Terrain Vehicle on any highway under the jurisdiction of the Corporation, except within an organized trail as designated by council under schedule “A” of this By-law.   

2. Subject to sections 2, any person driving an All Terrain Vehicle on an organized ATV trail as designated in Schedule “A” to this by-law, shall be subject to a recognized ATV club membership and may use the shoulder of the designated highway to travel.

3. No person shall drive an All Terrain Vehicle any highway and organized trails between the periods of the 15th day of March to the 15th day of May of every year. 

5. Subject to sections 4, the Corporation may shorten or prolong the period of time where any designated highways under schedule “A” and organized trail may be closed to ATV traffic during the spring thaw period or at any time when the Corporation deem necessary to do so.

6. No person shall operate an All Terrain Vehicle on any highway or organized trail between the hours of 11 p.m. to 7 a.m.     

7. No All Terrain Vehicle organized trails located on a private land shall be located within 200 feet from a dwelling.

8. No person shall drive an All Terrain Vehicle on land owned by the Corporation unless the driver has received a written permission from the Parks Director of the Corporation.

Speed Limit

An All Terrain Vehicle shall not be driven at a rate of speed greater than:

a)  20 kilometers per hour, if the speed limit established under the Highway Traffic Act or by municipal By-law for that part of the highway is not greater than 50 kilometers per hour, or 

b) 50 kilometers per hour, if the speed limit established under the Highway Traffic Act or by municipal By-law for that part of the highway is greater than 50 kilometers per hour.

c) 20 kilometers per hour, if part of a highway or organized trail is located in a “Quiet Zone” as designated under schedule “B” of this By-law. 

Identification

1. Every All Terrain Vehicle shall have a registration number, in a clearly visible position, showing the registration number of the All Terrain Vehicle in the form and manner prescribed in the regulations of the ministry.

2. Further to section 10, every All Terrain Vehicle, shall bear a recognized ATV club membership registration number, in the form and manner prescribed by the recognized ATV club policies and guidelines.  

Exemptions

1.In cases of emergency, parades and other special events, the Corporation may authorize or permit the use of All Terrain Vehicles on specific highways during specific times.

2.The regulations prescribed in this by-law does not apply to an All Terrain Vehicle operated by a police officer, constable, conservation officer or peace officer while on duty or any other employee as defined at section 25, Part IV, of the Ontario Regulation 316/03 made under the Highway Traffic Act.

 By-Law Repealed

That By-law No. 2004-33 is hereby repealed.        

That this by-law shall come into force and take effect on the day of its final passing.

Read, done and passed in open council, this 14th day of November, 2005.

Richard Lalonde, Mayor                                                                          

Daniel Gatien, Clerk 

g)   Police stations;

h)   Fire stations;

i)    Civil protection stations; and

j)    Other buildings that house executive, legislative and legal functions.

4. Any owner of property, erected or to be erected, who is in contravention of this by- law, must perform remedial work in respect of the property, at the owner’s expense, so as to comply with the provisions of this by-law;

5. all remedial work to be done on the property to correct the contravention must be completed within three months of receipt of the notice from the building inspector.

6. no building permit shall be issued under the building code act if the proposed building, construction or use contravenes this by-law.

7. the chief building inspector of the city of Clarence-Rockland may enter and inspect any property, at any reasonable time, in order to determine if the property is erected in contravention of this by-law.

8. any notice issued by the chief building inspector of the city of Clarence-Rockland shall be in the form of a “work order” setting out:

a) The municipal address or legal description of the property;

b) The specific reasons for the contravention to this by-law and the remedial work to be done, as well as the timeframe within which the work must be completed; and

c) That if the property owner does not complete all remedial work within the timeframe specified, the city of Clarence-Rockland may, at any reasonable time, enter the premises to complete the work or have the work completed, at the expense of the owner.

9. If the land owner does not complete all remedial work within a maximum period of three months, the city of Clarence-Rockland may, at any reasonable time, enter the premises to complete the work or have the work completed, at the expense of the owner.

10.  Any person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as set out under the authority of the provincial offences act, r.s.o. 1990, chapter p.33, as amended.

Dated and passed in open council, this 10th day of September, 2002.

Jean-Pierre Pierre, Mayor

Daniel Gatien, Clerk

c)      No person owning or operating a vehicle licensed under this By-Law shall transfer the licence from one vehicle to another without first paying the plate transfer fee as established in the current User Fee By-law, as amended from time to time and fulfilling the requirements for a vehicle licence application as set out in the applicable schedule of this By-Law.

d)     No licence certificate or licence plate shall be replaced without first paying the replacement fee as established in the current User Fee By-law, as amended from time to time.

22.    No person licensed under this By-Law shall refuse to permit a guide dog, while serving as a guide or leader for a blind person, to enter and remain upon his/her premises or in his/her vehicle during the carrying on of the business in respect of which the licence is granted.

Inspections 

23.    A Municipal Law Enforcement Officer may:

a)      at all reasonable times, inspect the building, place or premises that is used for a business for which a person is licensed or is required to be licensed;

24.    Every person who obtains a licence under this By-Law shall produce the licence when requested to do so by a Municipal Law Enforcement Officer or a Police Officer.

Administration and Enforcement 

25.    Nothing in this By-law shall exempt any person from complying with the requirements of any other By-law or regulation or any other law in force within the area affected by this By-law.  It is the responsibility of the licensee and the owner to ensure that the business complies with all legislation and regulation pertaining to the conduct of the business.

26.    The provisions of this By-law shall be administered by the Finance Department and enforced by the Municipal Law Enforcement Officer.

27.    No person who is licensed or required to be licensed, shall hinder or obstruct the Municipal Law Enforcement Officer during inspections referred to in this By-law or cause the inspections to be hindered or obstructed.

Exceptions - Special Conditions 

28.    Council may require certain classes of businesses to be regulated separately from this By-law, where it is believed that special condition should be imposed and which are not defined in this By-law. The classes of businesses requiring special conditions are defined in Schedule “A” of this By-law.  

Penalties

29.    Each day that a person operates a business in contravention of the provisions of this By-law shall constitute a separate offence.

30.    Any person who contravenes any of the provisions of this By-Law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offenses Act, 1990, R.S.O., Chapter P. 33. and amendments thereto.

Order Prohibiting

31.    When a person has been convicted of an offence under the provisions of this By-law, any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act by person convicted directed towards the continuation or repetition of the offence.

Severability

32.    It is declared that if any section or subsection or part or parts thereof be declared by any competent Court of Law to be illegal shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

By-Law in Force

33.    This By-law shall come into force and take effect as of the date of its adoption.

Schedule Adopted 

34.    The schedules referred to in this By-law shall form part of this By-law and be read in conjunction with the entry across therefrom, and not otherwise.

Former By-Laws Repealed 

35.    That By-law No.2018-135 regulating and licensing of businesses in the City of Clarence-Rockland and any amendments are hereby repealed.

Enacted and passed in open Council this 20th day of February, 2019. 

Guy Desjardins, Mayor

Monique Ouellet, Clerk   

Being a by-law to provide for the licensing, regulating, and governing chip wagons in the City of Clarence-Rockland

Whereas the Municipal Act, 2001, C.25, S 151 states that a municipality may provide for a system of licenses with respect to a business, and may 151(b) refuse to grant a license, and 151(c) may impose conditions as a requirement of obtaining, continuing to hold, or renewing a license;

And whereas the Council of the Corporation of the City of Clarence-Rockland chooses to exercise its discretion to license the operation of “Chip Wagons” within the City of Clarence-Rockland;

Now therefore the Council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definitions:

In this by-law:

“By-Law Enforcement Officer” shall mean a person duly appointed by the Corporation of the City of Clarence-Rockland for the purpose of enforcing or carrying out the provisions of Municipal by-laws or his designate

“Chip Wagon” shall mean a vehicle from which food, refreshments or confections are sold, either temporarily mounted on blocks or supported by a conventional wheel, tire or axle system.

“Corner Sight Triangle” means the portion of a corner lot within the triangular area formed by measuring 6 metres in each direction from the point where two property lines intersect at the street lot line corner;

“Driveway” means a vehicle access provided between a street and a parking area/space or a loading space;

“Driveway sight triangle” means the triangular area formed by measuring 4.5 metres down the driveway and 4.5 metres down the side lot line abutting a street.

“Highway” or “Street” shall include a common and public highway, street, avenue, boulevard, crescent, cul-de-sac, court, parkway,  driveway, square, place, shoulder, bridge, viaduct, or trestle, or the like, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

“Municipality” shall mean the Corporation of the City of Clarence-Rockland

“Owner” shall mean the owner or operator of the Chip Wagon

“Road Allowance” shall mean all allowances for roads, except insofar as they have been stopped up according to law, made by the Crown surveyors, all highways laid out or established under the authority of any statute, all roads on which public money has been expended for opening them or on which statute labour has been usually performed, all roads dedicated by the owner of the land to the public use and all alternations and deviations of all bridges over any such allowances for highway or road.

“Shoulder” means the un-travelled portion running along either side of a highway.

“Site Plan” means a drawing of a site which includes all the applicable measurements of the Chip Wagon and the surrounding area within 100 metres of the site and on which all buildings and structures, streets, and services are indicated.

2. License Required

2.1 No person shall, within the limits of the City of Clarence-Rockland, sell refreshments from a Chip Wagon without first having obtained a license for that purpose.

2.2 No person shall operate a Chip Wagon and fail to display the license in a conspicuous place clearly visible to the public at all times when the Chip Wagon is in operation.

2.3 No person shall operate a Chip Wagon that is not in compliance with the approved site plan drawing.

3. Limitations and Restrictions

3.1 Chip Wagons are not permitted in the following areas, as defined in the Official Plan of the United Counties of Prescott and Russell:

i)    Community Policy Area of Clarence Point;

ii)   Agricultural Resource Policy Area, and

iii) Mineral Aggregate Resource Policy Area (quarries and pits)

3.2  No Chip Wagon will be permitted to locate within 150 metres of an existing establishment offering the same or similar service or another Chip Wagon.

3.3 No Chip Wagon will be permitted to locate on a property adjacent to Laurier Street in Rockland, between Simoneau Street and Laporte Street.

3.4 No Chip Wagon shall be located:

i)  on any highway or street, road allowance or shoulder;

ii) within a “corner sight triangle” or a “driveway sight triangle”

3.5 Prior to beginning operation of a Chip Wagon on land which abuts a highway under the jurisdiction of the Province of Ontario, or is within the distance of a highway which is regulated by the Province of Ontario through the Ministry of Transportation, the licensee shall file with the Clerk written confirmation of acceptance of the intended location from the Ministry.

3.6 Notwithstanding Section 2 and 3.2 of this by-law, a Chip Wagon that is to be erected for a period of less than 4 days and used in conjunction with a special event is not subject to the requirements of this by-law.

4. General Requirements

4.1 A Chip Wagon may only operate from a commercially zoned property, and must comply with the setback requirements for the zone.

4.2 The owner of a Chip Wagon shall provide on-site parking spaces in accordance with the zoning by-law requirements.

4.3 The owner of the Chip Wagon shall provide adequate trash receptacles at the site on which the Chip Wagon is located and shall maintain the site in a clean and sanitary condition at all times.

4.5 The owner of a Chip Wagon shall ensure that washroom facilities are available for patrons and staff.

5. Application for a Licence

5.1 Every application for a License to operate a Chip Wagon shall be made on the standard application form, attached as Schedule “A” to this by-law, and shall include the required fee, as listed on Schedule “B” to this by-law. Both Schedules being attached to and forming part of this by-law.

5.1.1 Acceptance of the license fee does not constitute approval of the application or obliges the Municipality to issue a license.

5.1.2 Every fee paid under 5.1 is refundable if the license applied for is not granted

5.2 Every application submitted will be accompanied by a site plan drawing. No license shall be granted until the site plan has been approved by the Municipality. The site plan is to be drawn to scale, and shall include:

i)    proposed location of unit on the property, including set back from property line and road allowance;

ii)   the location and number of proposed parking spaces;

iii) proposed access to the property from the highway;

iv) location of trash receptacles; and

vi) washroom facilities.

Depending on the specifics with respect to the location, additional information may be required on the site plan.

5.2.1 Before a license under this by-law is issued by the City of Clarence-Rockland, the owner shall meet with a Planner to review the intended site.

5.3 The application is to include information on:

i)    fuel source;

ii)   water supply and disposal, including grey water;

iii) grease disposal methods; and

iv) waste disposal arrangements.

5.4  The applicant shall include with his/her application:

(i) A certificate from the Eastern Ontario Health Unit confirming that the Chip Wagon has passed a sanitary inspection  under  the  “Ontario  Regulation  562  –  Food Premises R.R.O. 1990”, or its successor, valid for the year in which the permit is to be issued.

(ii) If a propane or gas fired system is to be used, an inspection certificate by a Technical Standards & Safety Authority certified gas technician as required under the “Technical Standards and Safety Act” or its successor, valid for the year in which the permit is to be issued.

(iii) A written statement from the applicable Fire Chief or his designate stating that the unit complies with the Ontario Fire Code, valid for the year in which the permit is to be issued.

(iv) Proof that the owner has obtained a minimum of one million dollars ($1,000,000.00) liability insurance for the operation of the Chip Wagon, valid for the year in which the permit is to be issued.

(v) If the Chip Wagon is located on land not owned by the Chip Wagon owner, a letter from the owner of the property on which the Chip Wagon will be situated, authorizing the applicant to conduct such business from the property, valid for the year in which the permit is to be issued.

General Provisions

6. The granting of a license under this by-law does not constitute permission for the licensee to operate in contravention of any by-law or statutory requirements.

7. For the purpose of enforcement of the provisions of this by-law, the by-law officer may enter upon land and into buildings at any reasonable time without a warrant.

8. Any license granted hereunder may be revoked at the discretion of the Council of the City of Clarence-Rockland if the provisions and policies contained herein are not adhered to by the holder of the said license at all times.

9. Every license issued pursuant to this by-law shall be valid until the 31st day of December in the year in which the license was issued, or until the said license is revoked or suspended. No refund of the license fee shall be paid if the license is revoked or suspended.

10. A person to whom a license is granted may apply in writing to the Municipality for permission to have his license transferred to another vehicle or to another owner, and such permission will not be unreasonably withheld. In order to transfer a license, the current license is to be surrendered to the Municipality and a transfer fee paid as listed on Schedule “B”.

11.   Offence

11.1      Any person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offences Act, 1990, R.S.O., Chapter P.33, and amendments thereto.

11.2      Each day that a person operates a business in contravention to this By-law shall constitute a separate offence.

11.3      When a person has been convicted of an offence under this By-law, any court of competent jurisdiction thereafter, may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence.

12.   Headings not part of the by-law

The headings in the body of this by-law are used for convenience or reference only and do not form part of the by-law.

13.   Severability

Should any section or subsection of this by-law or any part or parts thereof be found by law to be illegal or beyond the power of Council to enact, such section or subsection of part or parts thereof shall be deemed to be severable so that the remainder of this by-law is separate and therefore enacted as such.

14.   Repeal

That By-law No. 2007-38 be and is hereby repealed.

15.   Force and Effect

This by-law shall come into force and effect upon the final passing thereof.

Read, passed and adopted in open council this 19th day of june, 2017.

Guy Desjardins, Mayor

Monique Ouellet, Clerk

Being a By-law to regulate the clearing of land.

Whereas paragraph 80 of Section 210 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended, authorizes the Council of a municipality to pass by-laws for the purpose of requiring and regulating the filling up, draining, cleaning, clearing of any grounds, yard and vacant lots and the altering, relaying or repairing of private drains.

And whereas paragraph 135 of Section 210 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended, authorizes the Council of a municipality to pass by-laws for the purpose of prohibiting, or regulating and inspecting the use of any land or structure within the municipality or any defined area or areas thereof for dumping or disposing of garbage, refuse or domestic or industrial waste of any kind.

And whereas a by-law under this paragraph:

a) may establish a schedule of fees chargeable upon inspection of such regulated land or structures;

b) may require the owners, lessees or occupants of such land or structures, at the expense of the owners, lessees or occupants, to cease using such land or structures for such purposes, or to cover over any garbage, refuse, or domestic or industrial waste in any prescribed manner, whether or not such land or structures were so used before the passing of the by-law;

c) may define industrial or domestic waste.

Now therefore the Council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definitions

City

Shall mean the Corporation of the City of Clarence-Rockland.

Cleared

Shall include the removal of weeds or grass more than 20 cm (8") in height and the removal of stockpiles of soil or other aggregate material not required to complete the grading of the lot on which the stockpile is located and includes where on any property there is a swimming pool which is a health or safety hazard, or is malodorous or is a breeding place for mosquitoes, the draining, the treatment and/or the disposing of the water.

Composting

Shall mean the biological degradation or breakdown of organic material into a dark soil-like material called humus.

Composting container

Shall mean the holding unit used to store yard and garden household waste for the purpose of composting.

Discarded motor vehicle

Shall mean a vehicle which is unlicensed or in disrepair,  having missing parts including tires or damaged or deteriorated or missing glass or  removed parts which prevent its mechanical function. (Amended by By-law 2006-78)

Domestic waste

Shall mean any article, thing, matter or effluent belonging to or associated with a residence, household or dwelling unit and includes but is not limited to the following classes of waste material:

(i) grass clippings, tree cuttings, brush, leaves and garden refuse;

(ii) paper, cardboard, clothing;

(iii) all kitchen table waste of animal or vegetable origin, resulting from the preparation or consumption of food;

(iv) cans, glass, plastic containers, dishes;

(v) new  or used  material  resulting  from or for the purpose  of construction, alteration, repair or demolition of any building or structure;

(vi) refrigerators, freezers, stoves or other appliances and furniture;

(vii) furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks;

(viii) discarded  boats,  aircraft or motor vehicles,  vehicle parts  and accessories, vehicle tires mounted or unmounted on rims, mechanical equipment;

(ix) rubble, inert fill, fencing materials.

Industrial waste

Shall mean any article, thing, matter or effluent belonging to or associated with industry or commerce or concerning or relating to manufacture or concerning or relating to any trade, business, calling or occupation that appears to be waste material and includes, but is not limited to, the following classes of waste material:

(i) piping, tubing, conduits, cables, fittings or other accessories, or adjuncts to piping, tubing, conduits or cables;

(ii) containers of any size, type or composition;

(iii) rubble, inert fill;

(iv) mechanical equipment, mechanical parts, accessories or adjunct to mechanical equipment;

(v)  articles, things, matter, effluent which is whole or in part or fragments thereof derived from or constituted from or consist of agricultural, animal, vegetable, paper, lumber or wood  products; or mineral,  metal or chemical products, whether or not the products are manufactured or otherwise processed;

(vi) bones, feathers, hides;

(vii) paper or cardboard packaging or wrapping;

(viii) material resulting from, or as part of, construction or demolition projects;

(ix)  discarded boats, aircraft, motor vehicles, vehicle parts and accessories, vehicle tires mounted or unmounted  on rims, mechanical equipment.

Land

Shall include yards, vacant lots or any part of a lot which is not beneath a building;

Owner

Shall include lessee and occupant of the land;

Perennial gardens

Shall mean an  area deliberately  implemented  to produce ground cover, including wild flowers, shrubs, perennials, ornamental grasses or combination of them, but does not include a wildflower meadow or a naturalized area;

Rubble

Shall include broken concrete, bricks, broken asphalt, patio or sidewalk slabs;

Woodland

Means treed areas that provide environment and economical benefits such as erosion prevention, water retention, provision of habitat, recreation and the sustainable harvest of wood products. Woodland shall also include woodlots or forested areas.

General Provisions

1. This by-law shall be enforced by the Municipal Law Enforcement Division of the Corporation of the City of Clarence-Rockland.

2. Every owner shall keep his lawn, hedges, and bushes neatly trimmed on a regular basis.

(a) The owner of a land shall cut the grass and weeds on the boulevard abutting the  owner’s land, wherever such boulevard is reasonably accessible for maintenance.  (amended by 2006-78)

(b) The owner of a land shall clear away and remove away garbage or other debris from the boulevard abutting the owners land. (amended by 2006-78)

(c) No steps shall be taken to enforce the provisions of subsections (a) and (b) until the owner of the land has been given a written notice requiring compliance with the bylaw with the time specified in the notice but no sooner than seventy two (72) hours after the notice has been given.    (amended by 2006-78)

(d) If the owner of a land fails to comply with the provisions of subsections (a) and (b) within the time specified in the notice given under subsection (c), the City may do the work or arrange for the work to be done unless otherwise authorized by the Director of the Municipal Law Enforcement Service.   (amended by 2006-78)

3. Every owner shall keep his land filled up and drained.

4. Every owner shall fill an excavation on the land unless it isenclosed completely by a temporary barrier at least 122 cm (48") in height in such a manner as to prevent an unsafe condition.

5. Every owner shall drain land accumulation of water that exceeds 30 cm (12") in depth unless it is completely enclosed by a temporary barrier of at least 122 cm (48") in height or such water constitutes a storm water management pond approved by the City.

6. Every owner shall keep his land clean, cleared and free from domestic and industrial waste.

7. No person shall throw, place, dump or deposit domestic or industrial waste on private property or City property without lawful written authority.

8. Every owner shall keep or maintain water in a swimming pool in a condition which is not a health hazard, or malodorous, or a breeding place for mosquitoes.

9. Every refrigerator, freezer, stove or other similar appliance and furniture stored or left on a porch, deck, or in any yard or street or similar area shall not have a self-latching device or self- locking device and shall be:

(a)        in working condition,

(b)        secured with an external locking device,

(c)        locked at all time except when actually being used or supervised.

General Prohibitions

1. No person shall, within the City, fail to clear land of domestic waste.

2. No person shall, within the City, fail to clear land of industrial waste.  

3. No person shall, within the City, fail to enclose an excavation with a temporary barrier at least 122 cm (48u) in height.

4. No person shall, within the City, fail to drain an accumulation of water exceeding 30 cm (1211) in depth.

5. No person shall, within the City, deposit domestic waste on private property without lawful written authority.

6. No person shall, within the City, deposit industrial waste on private property without lawful written authority.

7. No person shall, within the City, deposit domestic waste on municipal property without lawful written authority.

8. No person shall, within the City, deposit industrial waste on municipal property without lawful written authority.

9. No person shall fail to keep or maintain water in a swimming pool in accordance with the provisions of this by-law.

10. No person shall store or leave a refrigerator, freezer, stove or other similar appliance and furniture on a porch, deck, or in any yard or street or similar area which is not locked at all time

11. No person shall store or leave a refrigerator, freezer, stove or other similar appliance and furniture on a porch, deck, or in any yard or side yard or similar area having a self-latching device or self-locking device.

12. No person shall store or leave a refrigerator, freezer, stove or other similar appliance and furniture on a porch, deck, or in any yard or street or similar area which is not in working condition.

13. No person shall store or leave a refrigerator,  freezer, stove or other similar appliance and furniture on a porch, deck, or in any yard or street or similar area which is not secured with an external locking device.

14. No person shall obstruct, hinder or in any way interfere with any Municipal Law Enforcement Officer in the enforcement of the provisions of this by-law.

Exemptions

1. Section 5 of this by-law does not apply to land on which construction is proceeding under a valid building permit.

2. Section 6 of this by-law does not apply to natural bodies of water or lawfully maintained swimming pools.

3. Sections 7 and 8 of this by-law shall not apply to land which is lawfully used for outdoor storage of materials in compliance with the applicable zoning and licensing by-laws and regulations.

4. Sections 7 and 8 of this by-law shall not apply to land or structures designated by or operated by the City for the purpose of dumping or disposing of domestic or industrial waste.

5. This by-law does not apply to perennial gardens managed in accordance with the Weed Control Act, provided that there is no waste.

Enforcement

1. Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and liable to any penalty as provided in the Provincial Offences Act, as amended.

2. The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to anyother penalty imposed on the person convicted.

3. Where any requirement in accordance with this by-law is not carried out, the Municipal Law Enforcement Officer or persons designated by the Municipal Law Enforcement Officer for the Corporation of the City of Clarence-Rockland may, upon such notice as he deems suitable, do such thing at the expense of the person required to do it and, in so doing, may charge an administration fee of 15% of the amount expended by or on behalf of the municipality and such total shall be recovered by action or in like manners as municipal taxes.

4. Where any matter or material is removed in accordance with Section 32, it may be immediately disposed of by the Municipal Law Enforcement Officer.

5. A Municipal Law Enforcement Officer designated to perfonn inspections pursuant to this by- law may, at all reasonable times, enter onto land for the purpose of an inspection of the land.

6. Where it becomes necessary to proceed pursuant to Section 32 of this by-law, a Municipal Law Enforcement Officer may enter onto lands with any person and the appropriate equipment, as required, to bring the property into compliance with this by-law.

Repeal - Enactment

1. That By-Law 1989-45 (Town of Rockland) and By-law 1997-26 (Township of Clarence) and their amendments are hereby repealed.

2. This by-law shall come into force on the date it is passed by the Council of the Corporation of the City of Clarence-Rockland.

Read a first, second and duly passed upon the third reading, this 8th day of May, 2001.

Jean-Pierre Pierre - Mayor

Daniel Gatien - Clerk

Clean Yards - 2022-65

A by-law to regulate clean-yards within the City of Clarence-Rockland and to amend by-law 2022-33, being a by-law to establish an Administrative Monetary Penalty System.
Whereas subsection 11(2) of the Municipal Act, 2001, provides, inter alia, that a municipality may pass by-laws respecting the environmental well-being of the municipally, the health, safety and well-being of persons and the protection of persons and property; and
Whereas section 127 of the Municipal Act, 2001 provides that a local municipality may require the owner or occupant of land to clean and clear land, not including buildings, or to clear refuse or debris from the land, not including buildings; regulate when and how cleaning and clearing is to be done; and prohibit the depositing of refuse or debris without the consent of the owner or occupant of land; and
Whereas section 128 of the Municipal Act, 2001 provides that a municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council, are or could become or cause public nuisances; and
Whereas section 131 of the Municipal Act, 2001 provides that a local municipality may prohibit and regulate the use of any land for the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts from them for sale or other disposition; and Therefore, the Council of the City of Clarence-Rockland enacts as follows:

1. Definitions

1.1 Costs means all monetary expenses incurred by the Municipality during and throughout the process of any remedial work, including interest at a rate of 15% per annum or such lower rate as determined by the Municipality commencing on the day the Municipality incurs the costs and ending on the day the costs, including interest, are paid in full, and may include an administrative surcharge amount as determined by the Municipality.

1.2 Composting means the biological degradation or breakdown of organic material into a dark soil-like material called humus;

1.3 Containers for composting means a container designed, constructed and maintained for the specific use of composting;
1.4 Council means the Council of the City of Clarence-Rockland.
1.5 Derelict motor vehicle means a vehicle having missing bodywork components or parts, including tires or damaged components, parts, bodywork, glass or deteriorated or removed adjuncts, which prevent its mechanical function, and includes a motor vehicle that is not licensed for the current year.
1.6 Domestic waste means any debris, rubbish, refuse, sewage, effluent, discard or garbage of any type arising from a residence, belonging to or associated with a dwelling unit or use of a dwelling
unit or residential property, including, but not limited to, garbage, discarded material or things, broken or dismantled things, and materials or things exposed to the elements deteriorating or decaying on a property due to exposure to the weather.
1.7 Dwelling unit means a room or rooms in which a kitchen, living quarters and sanitary conveniences are provided for exclusive use of the residents and with a private entrance from the outside of the building or from a common hallway or stairway inside.
1.8 Industrial waste means any debris, refuse, sewage, effluent, discard or garbage of a type arising from industrial or commercial operation, or belonging to or associated with industry or commerce or industrial or commercial property including, but not limited to, garbage, discarded material or things, broken or dismantled things, materials or things exposed to the elements, and deteriorating or decaying on a property due to exposure to the weather.
1.9 Infestation means the overrunning of a property by vermin, rodents and insects.
1.10 Manager means the City of Clarence-Rockland’s Manager, Municipal Law Enforcement or designate;
1.11 Motor vehicle means an automobile, truck, motorcycle, snowmobile, trailer, recreational vehicle and any other vehicle propelled or driven by other than muscular power, but does not include the cars of electric or steam railways, or other motor vehicles running solely upon rails, or a traction engine, farm tractor, self-propelled implement of husbandry or road building machine within the meaning of the Highway Traffic Act.
1.12 Municipality means The Corporation of The City of Clarence-Rockland.
1.13 Officer means a Municipal Law Enforcement Officer or other person appointed by or under the authority of a City by-law and a police officer employed by the Ontario Provincial Police (OPP);
1.14 Owner means the registered owner of land or the occupant, tenant, leasers, or the person for the time being managing or receiving the rent of the property, whether on its own account or on account of an agent or trustee of any other person or any one of the aforesaid.
1.15 Person means an individual human being, a corporation, firm, partnership, unincorporated association or organization, their heirs, executors, assigns, administrators, agents, trustees or other legal
representatives of a person with or without share capital, any association, firm, partnership or private club of a person to whom context can apply accordingly.
1.16 Property means any and all land within the Municipality including buildings and structures, yards and vacant lots.
1.16 Refuse or Debris means any waste material of any kind whatsoever and without limiting the generality of the foregoing includes rubbish, inoperative or unlicensed vehicles or boats and mechanical
equipment, automobile and mechanical parts, tires, furnaces, water and fuel tanks, furniture, glassware, plastic, cans, garden refuse, grass clippings, trees, tree branches, earth or rock fill, animal feces, materials from construction or demolition projects, old clothing and bedding, refrigerators, freezers, or similar appliances, whether operable or inoperable, containers of any kind and unmaintained garden fixtures and any objects or conditions that might create a health, fire or accident hazard.
1.17 Remedial work means all work necessary for the correction or elimination of a contravention of this By-law as cited in any order issued under this By-law, including any such condition or health hazard, actual or potential, that the contravention may pose.
1.18 Structure means any building or accessory building or any property, or any part thereof, or any part of whole or any structure of building not actually used as a dwelling house.
1.19 Turf grass means ground cover comprised of one or more species of growing grass, with or without trees, shrubbery or maintained planting beds or other vegetation.
1.20 Weed means a noxious weed designated by or under the Weed Control Act, R.S.O. 1990, c. W.5, including any weed designated as a local or noxious weed under a by-law of the Municipality for that purpose.

2 Property Maintenance

2.1 Every owner shall maintain a clear and clean yard and shall also:
(a) keep his or her land free and clear of all garbage, refuse, debris, domestic waste or industrial waste of any kind, and from any objects or conditions that may create a health, fire or accident hazard;
(b) ensure that his or her land is free and clear of infestation;
(c) trim or cut weeds or turf grass on his or her land, whether dead or alive, that are more than 20 cm (7.8 inches) in height;
(d) ensure that vegetation on his or her lands, other than weeds and turf grass shall be kept trimmed and kept from becoming unreasonably overgrown in a fashion that may affect safety, visibility, or the passage of the general public;
(e) keep his or her land free of holes or excavations which may create health or accident hazards.
2.2. No person shall cause or permit unsafe or hazardous conditions and also shall not:
(a) cause or permit an unfenced or unprotected pit, excavation or other declivity which causes a safety hazard on their property;
(b) permit any well which is unprotected or the presence of which creates risk, accident or injury to the general public;
(c) keep a swimming pool, hot tub, wading pool or artificial pond unless it is maintained in good repair and working;
(d) throw, place or deposit refuse, debris, or waste material on any Municipal or public property.

3. Composting

3.1. No person shall permit composting of any kind other than in accordance with Section 3.2 of this By-law.
3.2. Composting shall only be permitted as follows:
(a) only in the rear of a dwelling unit;
(b) only in a container, pile or digester and only on land on which a dwelling unit is located; containers for composting shall be designed, constructed so as to prevent the entry of rodents or other animals the entry of rodents or other animals, and shall be provided with a tight-fitting cover which shall be kept closed at all times except when material is being placed therein, and shall be
maintained in a clean and sanitary condition.
(c) in a such a manner so as to preclude infestation;
(d) in a pile no larger than 1 square metre and 1.2 metres in height which shall be enclosed on all sides by concrete block, or lumber, or in a forty-five gallon container, a metal frame building with concrete floor, or a commercial plastic enclosed container designed for composting;
(e) in no more than two (2) compost containers, piles or digesters used for composting on each parcel of land on which a dwelling unit is located, for a total composting capacity on the land of not more than two (2) cubic metres;
(f) no feces shall be placed in a compost container, pile or digester used for composting;
(g) no offensive odour shall be permitted to emanate from the compost container, pile or digester used for composting;
(h) organic materials placed in a compost container shall be kept covered with yard waste, soil or humus;
(i) any compost container, pile or digester used for composting shall be set back at least 0.6 metres (1.97 feet) from any lot line.
3.3 Section 3.1 of this By-law does not apply to any agricultural and rural zones as designated within the Municipality’s Consolidated Zoning By-law.

4. Derelict motor vehicles

4.1. No person shall use any property for the parking, storage or placement of the following:
(a) derelict motor vehicles or motor vehicles that are unfit to be operated on a highway due to damage or poor repair;
(b) motor vehicles that are not currently licensed for operation pursuant to the provisions of the Highway Traffic Act;
(c) motor vehicle parts or components unless otherwise expressly permitted;
(d) wrecked, dismantled, discarded, inoperative, or abandoned motor vehicles, machinery, trailers or boats.
4.2. Section 4.1 of this By-law does not apply to lands that comply with all applicable land use criteria which permits the retail, wholesale, repair or wrecking of motor vehicles or a competition; or hobby vehicle located in a fully enclosed building; or recreation vehicle parking in compliance with the Municipality’s Consolidated Zoning By-law.

5. General provisions

5.1. An officer may issue an order upon the owner of a property that is not maintained pursuant to the requirements of this By-law which directs that the owner remedy or rectify the contravention within a specified period of time from the time of the delivery of the order.
5.2. Any order given under this By-law may be given by personal delivery or mail and delivery by mail shall be deemed to have been effected five (5) calendar days from the date of mailing.
5.3. Every order sent by an officer shall identify the land or structure which is the subject of the order.
5.4. Every order to an owner shall be sent to the address shown on the last revised assessment roll or to the last known address of the owner.
5.5. The Municipality and any officer and agent shall be entitled to remove any items in order to remedy or rectify any contravention of this By-law and any such items that are removed in accordance
with this section may be disposed of immediately in the sole and absolute discretion of the Municipality, its agents and officers, which decision shall be final.
5.6 In the event that the violation set out in the order is not remedied within the specified period of time as set out in the order, the officer may cause the violation to be remedied at the expense of the owner.
5.7 The Municipality shall not be liable for any damage to property or personal injury resulting from any remedial work undertaken as a result of a default of the owner or any person in complying with the terms of this By-law.
5.8 With the exception of matters which pose an immediate risk to public health and safety, which determination shall be made in the sole and absolute discretion of the officer issuing the order and whose decision is final, an order shall provide for not less than fourteen (14) calendar days from the date of service of the order for the remediation or rectification of the contravention as set out in the order.
5.9 Notwithstanding Section 5.8 of this By-law, when there is an immediate risk to public health and safety, which determination shall be made in the sole and absolute discretion of the officer issuing the order and whose decision is final, the order may require immediate action or other remediation or rectification.

6. Entry on land & inspections

6.1. An officer appointed for the purpose of enforcing this By-law,
(a) has the power to enter upon and examine any lands, yards, vacant lots, grounds at any reasonable time or times, and
(b) may be accompanied by such other person or persons as they deem necessary to properly carry out their duties under this By-law.
6.2 Notwithstanding Section 6.1, 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:
(a) the occupier of the dwelling, having been informed that the right of entry may be refused, consents to the entry; or
(b) if the occupier refuses to consent, an order is issued pursuant to section 438 of the Municipal Act, 2001 or a warrant is issued pursuant to section 439 of the Municipal Act, 2001, or a warrant is issued under the Provincial Offences Act, R.S.O. 1990, c. P.33.
6.3 A person exercising a power of entry on behalf of the Municipality, under this By-law must on request, display or produce proper identification.
6.4 No person shall hinder, interfere with or otherwise obstruct, either directly or indirectly, any officer 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.

7. Enforcement

7.1. The provisions of this By-law shall be enforced by a Municipal Law Enforcement Officer, or other individual duly appointed for the purpose of enforcing this By-law.
7.2. Every Municipal Law Enforcement Officer may carry out an inspection to determine if the provisions of this Bylaw are being complied and shall have the right to enter lands pursuant to the Municipal Act, 2001.

8. Offence and penalties

8.1. Any person who contravenes any provision of this By-law shall be liable to pay the City an Administrative Monetary Penalty, upon issuance of a penalty notice in accordance with the City of Clarence-Rockland Administrative Monetary Penalties System (AMPS) By-law, as may be amended from time to time.
8.2. Any person who contravenes any provisions of this by-law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offences Act, R.S.O. 1990, Chapter P.33 and amendments thereto;
8.3. Each day that a person contravenes with the provisions of this By-law, may constitute a separate offence.

9. Severability

9.1. If any provision or part of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal, inoperative, or ultra vires, in whole or in part, or inoperative in particular circumstances, the balance of the By-law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect.

10. Order Prohibiting

10.1. When a person has been convicted of an offence under the provisions of this By-law, any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act by person convicted directed towards the continuation or repetition of the offence.

11. Short title

11.1. This By-law shall be cited as the Clean Yards By-Law.

12. Amended

12.1. That By-Law No. 2022-33 be amended in order to add Schedule A-6, being the Administrative Monetary Penalty System (AMPS) Penalty Schedule for Clean Yards By-Law.

13. Force and Effect

13.1. This by-law shall come into effect on July 18, 2022.
Read, passed, and adopted in open council this 6th day of July, 2022.

Mario Zanth, Mayor

Monique Ouellet, Clerk

Being a by-law to establish a code of conduct for members of municipal council, committee members and volunteers complaint protocols, advice request protocol and to adopt a council and staff relations policy.

Whereas the Municipal Act 2001, S.O. 2001, c 25, Section 223.2 (1) provides that a municipality shall establish codes of conduct for members of the council of the municipality and its local boards; and

Whereas the Municipal Act 2001, S.O. 2001, c 25, Section 223.3 authorizes a municipality to appoint an Integrity Commissioner who reports to Council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to any or all of the responsibilities set out in section 223.3 of the Municipal Act, including, but not limited to, the application of the Code of Conduct for Members of Council; and

Whereas the Municipal Act 2001, S.O. 2001, c 25, Section 270 (1), subsection 2.1 provides that a municipality shall adopt and maintain a policy with respect to the relationship between members of council and the officers and employees of the municipality; and

Whereas the Council of the Corporation of the City of Clarence-Rockland deems it expedient and necessary to adopt a revised Code of Conduct for Council, establish a Code of Conduct for Committees and Volunteers, establish Complaint Protocols and establish a Council and Staff Relations Policy;

Now therefore, the council of the corporation of the city of Clarence-Rockland enacts as follows:

1. That the Council Code of Conduct, attached hereto and forming part of this by-law as Schedule “A”, is hereby established and adopted.

2. That the Complaint Protocol for the Council Code of Conduct, attached hereto and forming part of this by-law as Schedule “B”, is hereby established and adopted.

3. That the Committee and Volunteer Code of Conduct, attached hereto and forming part of this by-law as Schedule “C”, is hereby established and adopted.

4. That the Complaint Protocol for the Committee and Volunteer Code of Conduct, attached hereto and forming part of this by-law as Schedule “D”, is hereby established and adopted.

5. That the Council and Staff Relations Policy, attached hereto and forming part of this by-law as Schedule “E”, is hereby established and adopted.

6. That the Council Request for Advice Protocol/Form, attached hereto and forming part of this by-law as Schedule “F”, is hereby established and adopted.

7. That By-law 2013-116 is hereby repealed upon the adoption of this by-law.

8. That this By-law shall come into force and take effect on the day of its passing. 

Read, passed and adopted in open council this 15th day of April 2019.

Guy Desjardins, Mayor                                 

Monique Ouellet, Clerk

Being a by-law of the City of Clarence-Rockland regulating the discharge of firearms.

Whereas of the Municipal Act S.O. 2001, C.25, Section 119 provides authority to a local municipality, for the purpose of public safety, prohibit or regulate the discharge of guns, firearms, air guns, spring-guns, cross-bows, long-bows and any other weapon.

And whereas the council of the Corporation of the City of Clarence-Rockland deems it necessary and desirable to pass a by-law to prohibit and regulate the discharge of firearms within the limits of the city for the purpose of public safety;

Now therefore the council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definitions

1.         in this by-law:

“Chief of Police” means the Chief of Police of the City of Clarence-Rockland or authorized representatives;

“City of Clarence-Rockland” means the municipal corporation known as the City of Clarence-Rockland or the geographic area of the City of Clarence-Rockland, as the context requires;

“Firearm” means any class or type of gun or other firearm including a shotgun, rifle, air-gun, spring-gun, and any class of bows or cross-bows;

“Farmer” means a person whose occupation is farming on land that he or she is entitled to occupy, and,

1. who has livestock or poultry on the land,
2. who is tilling or cultivating the land for crops, or
3. who is engaging in arboriculture or horticulture for commercial purposes;

“Highway” means a common and public highway, street, avenue, parkway, driveway, square, bridge, viaduct, or trestle, any part of which is intended for, or used by, the general public for the passage of vehicles and includes the area between the lateral property lines thereof;

“Navigable Water” means navigable water pursuant to the Navigable Waters Protection Act, R.S.C. 1985, Chap. N-22;

“Peace Officer” means,

1. a police officer as defined in the Police Services Act, R.S.O. 1990, Chap. P.15, as amended;
2. conservation officer appointed to enforce the Fish and Wildlife Conservation Act, 1997, S.O. 1997, Chap. 41, as amended;
3. a municipal law enforcement officer appointed pursuant to section 15 of the Police Services Act to enforce the by-laws of the city;
4. a peace officer as defined in the Criminal Code;
5. a member of the Royal Canadian Mounted Police Force.

Interpretation

2.  (1) This by-law includes the schedules annexed hereto and the schedules are hereby declared to form part of this by-law.

     (2) It is declared that if any section, subsection or part or parts thereof be declared by any court of law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

Regulations

Discharge of Firearms

3.  (1) No person shall discharge a firearm in any area that is shown as a shaded area on any of the map attached as schedules “a”.

     (2) No person shall discharge a firearm in the larose forest area that is shown as hatched area on the map attached as schedule “b” to this by-law. (amended by by-law 2012-62)

4.   (1) In the areas that are not shaded on any of the maps attached as schedules “a” inclusive or that are not navigable water as described in subsection 3(1), no person shall discharge a firearm,

1. on, over or across any highway or portion thereof;
2. on, over or across any public land within the City of Clarence-Rockland including parks, conservation areas, property owned by the City of Clarence-Rockland, school property, recreational areas, but not including,

i)         an unopened road allowance,

                        c. within 150 meters of any place of worship, public hall or school property;

                        d. on land on a registered plan of subdivision once an application for a building permit                                has been received by the City of Clarence-Rockland;

                        e. within 150 meters of land on a registered plan of subdivision once an application for a building permit has been received by the City of Clarence-Rockland.

Exemptions

5. Despite sections 3 and 4, this by-law shall not restrict or regulate the discharge of firearms by the following:

1. A peace officer in the performance of his or her duty;
2. A person appointed as a municipal law enforcement officer or as an agent for the City of Clarence-Rockland or for a provincial or federal government agency for the purpose of destroying sick, injured or vicious animals in the performance of this stated duty;
3. A farmer or his or her agent, in order to destroy livestock in connection with  farming practices, to scare or destroy animals that are found in the act of killing or injuring livestock or poultry and wildlife destroying his or her property in accordance with the Migratory Birds Convention Act, 1994, chap. 22 and the Fish and Wildlife Conservation Act, 1997, s.o. 1997, chap. 41, as amended,
4. Members of a bona fide gun club, riffle range, or skeet club in a specific area, zoned for the purpose and, where applicable, only with the prior approval of the firearms office, Ontario Ministry of public safety and security;
5. Members of a bona fide archery club in a specific area, zoned for the purpose and, where applicable, in accordance with the rules and regulations of the Ontario Archery Association;
6. A facility operated by or for a municipal, provincial or federal police force;
7. A person firing blank ammunition for or in connection with lawful use in a motion picture, television, stage productions and historical displays or educational programs of a public museum;
8. A person firing blank ammunition for animal training purposes or for the purpose of starting or controlling a sporting even of a similar nature to foot racing, sailing or golf;
9. A person discharging any class of bow or cross bow for target practice provided that such activity is authorized in writing by the school principal.

Offences and Penalties

7. Any person who contravenes any of the provisions of this by-law is guilty of an offence.

8. Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990 chap. p.33, as amended.

Prohibition Order

9. When a person has been convicted of an offence under this by-law:

1. the Ontario court of justice; or
2. any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.

Administration & Enforcement

10. This by-law shall be enforced by the chief of police and the municipal by-law enforcement officers of the City of Clarence-Rockland.

Effective Date

11. This by-law shall come into effect on September 10th, 2007.

Read, done and passed in open council, this 10th day of September 2007.

Richard Lalonde, Mayor                                                       

Daniel Gatien, Clerk

Whereas Sections 8, 9, and 11 of the Municipal Act, 2001, S.O. 2001, Chapter 25 and amendments thereto provides that every municipal Corporation may pass by-laws for the purpose of governing its affairs as it considers appropriate;

Whereas the Corporation of the City of Clarence-Rockland deems it appropriate to actualize the by-law for the licensing of dogs and the regulating of the keeping of dogs.

The Council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definition

Certified medical dog 

Means a dog that has been certified by a reputable medical service dog trainer; (By-Law 2018-105)

Corporation

Means the Corporation of the City of Clarence- Rockland;

Dog

Means a male or female dog member of the species Canis familiaris.

Kennel

Means any building or structure which is used to maintain, board, breed, or train pure-bred dogs registered in the Canadian Kennel Club Incorporated or any other lawfully established kennel club.

Medical service dog

Means a dog that is required, as attested by a note from a medical doctor, by a person with a disability for assistance and is certified, in writing, as having been trained by a professional service animal trainer to assist a person with a disability; (By-Law 2018-105)

Medical service dog in training

Means a dog that is being trained by or in consultation with a professional service animal trainer to assist a person with a disability; (By-Law 2018-105)

Municipal Law Enforcement Officer

Means a Peace Officer for the purpose of enforcing municipal by-laws.

Muzzled

Means to have securely affixed around the snout or the mouth and the nose of a dog a device commonly known as a muzzle manufactured by a recognized manufacturer of muzzles for dogs such that the dog when muzzled will be prevented from biting a person or animal;

Owner of a dog

 Includes any person who owns, possesses, harbours or has the care and control of a dog and the words "owns" and "owned" have a corresponding meaning, where the owner is a minor, the person responsible for the custody of the minor;

Person

Means an individual, a partnership, or a corporation, to whom or to which the context can apply;

Residential Zone

Means those areas designated as residential in the zoning by-laws of the Corporation of the City of Clarence- Rockland of the City of Clarence-Rockland;

Running at large

Means a dog not on its owner’s property, that is off leash and not under the control of a professional dog trainer or a handler of a certified medical service dog; (By-Law 2018-105)

Vicious dog

Means any dog which has bitten another domestic animal or person without provocation.

2.         Every owner of a dog shall annually, not later than March 31 of each year or within seven (7) days of becoming an owner of a dog, cause the dog to be licensed with the Corporation. If the last day of registration falls on a Saturday, Sunday, or a Holiday, the next working day shall be the last day of registration.

3.         All licences and tags issued pursuant to this by-law shall be serially numbered and a record of their issue shall be kept by the municipal law enforcement officer. Such record shall set out the name and address of the owner.

4.         At the time of registration, the owner\applicant shall be required to pay to the Corporation the required licence fee as established in current fee by- law.

4.1 – Notwithstanding section 4, medical service dogs shall be exempt of licensing fees. (By-Law 2018-105

5.         On payment of the licence fee for a dog, the owner shall be furnished with a dog tag from the Corporation which shall bear the serial number relating to the application, the name and address of the owner and the year in which the tag is valid.

6.         The owner of a dog shall: 

a)        keep the dog tag securely affixed on the dog for which it was issued at all times until renewed or replaced but the tag may be removed while the dog is being lawfully used for hunting in the bush; and

b)         not use the tag upon a dog other than the one for which it was issued.

7.        The set fee for the replacement of lost dog tags shall be that set out as established in current fee by-law.

8.        Every person operating a kennel shall annually and not later than March 31 in each year obtain a licence from the Corporation to operate a kennel and shall pay the licence fee as established in current fee by-law,

9.          Every licence for a dog issued hereunder is personal to the owner thereof and may not be transferred.

10.      No person shall keep or allow to be kept in a residential zone of the Corporation more than three (3) dogs.

10.1 – Notwithstanding section 10, the number of medical service dogs shall not be calculated within the set limit; and the number of medical service dogs in training shall be set at a maximum of 5. (By-Law 2018-105)

11.      a)   No person shall permit a dog owned by him or under his care and control to run at large within the limits of the Corporation.

b)    For the purposes of this section, a dog shall be deemed to be running at large when found elsewhere than on the property of the owner and not under the control of a competent and responsible person and is not on a leash securely attached to the owner and having a length of less than 2.4 metres (8 feet).

12.        a)  Any dog found to be running at large may be seized and impounded by the municipal law enforcement officer or any person acting under his or her authority;

b)         The municipal law enforcement officer or any person acting under his or her authority may kill any dog found running at large if:

• he\she reasonably believes that the dog is likely to cause imminent harm to any person or animal; or
•  the dog is injured or should be destroyed without delay for humane reasons;
• and no damage or compensation shall be recovered on the account of such disposition.

13.      Any dog seized pursuant to section 12 a) of this by-law, shall be taken to the municipal pound. Whether the dog is claimed or not, the owner shall be liable for the pound and maintenance fee prescribed, and shall pay all fees on demand by the Municipal Law Enforcement Officer.

• Where, at the end of the said three (3) days, possession of the dog has not been restored to the owner, the Municipal Law Enforcement Officer may destroy the dog in a humane manner.
• The Municipal Law Enforcement Officer may sell the dog for such price as established in current fee by-law, and no damages or compensation shall be recovered on account of its killing or other disposition.

14.      A release form can be obtained by the owner upon payment of the fee established in current fee by-law. However if the dog does not have a valid and subsisting licence, the owner shall be required to pay in addition to the release fee, the licence fee as established in current fee by-law.

15.      The owner of a vicious dog shall at all time, when it is not in the owner's dwelling but otherwise within the boundaries of the owner's lands, be secured in the following manners:

a)             the dog shall be muzzled so as to prevent it from biting a person or animal.

16.      The owner of a vicious dog shall at all times when the dog is outside the boundaries of the owner's lands keep the dog muzzled so as to prevent it from biting a person or animal and securely leashed to the owner of the dog.

17.      a)    Every owner of a dog shall remove forthwith and dispose of any excrement left by the dog on any property located in the corporation.

b)      The provision of Subsection 17 a) of this by-law does not apply to a blind person accompanied by a dog used as a guide or lead dog.

18.      No person shall obstruct, interfere or hinder the Municipal Law Enforcement Officer or any person acting under his\her authority in the lawful performance of his\her duties.

19.      Every person who contravenes any provisions of this by-law is guilty of an offence and is subject to the provisions of the Provincial Offences Act, R.S.O. 1990, Chapter P.33, and amendments thereto.

20.      Where any provision of this by-law is contravened and a conviction entered, the court in which the conviction has been entered and any court

of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the person convicted.

21.      It is declared that if any section, subsection or part(s) thereof be declared by any court of law to be bad, illegal or ultra vires, such section, subsection or part(s) shall be deemed to be separate and independent and enacted as such.

22.      By-law 1998-04, 2002-21, 2011-211 and amendments are hereby repealed.

23.      This by-law shall come into effect upon its adoption.

Read, done and passed in open Council this 21st day of December 2015

Guy Desjardins, Mayor

Monique Ouellet, Clerk 

A By-law to amend By-law 2003-25, being a by-law to prohibit and regulate the keeping of certain exotic animals.

Whereas the Council of the City of Clarence-Rockland deems it necessary and expedient to prohibit and regulate certain exotic animals for the purpose related to the health, safety and well being of the inhabitants of the municipality; and

Whereas municipalities that pass by-laws to regulate and prohibit the being at large or trespassing of animals, may also provide for the seizure and impoundment of such animal;

Therefore, the Council of the City of Clarence-Rockland enacts as follows:

Definitions

1. In this by-law,

(a) Animal means a mammal, bird, reptile, amphibian, fish or insect but does not include a human being.

(b) City means the Corporation of the City of Clarence-Rockland.

(c) Officer means a Municipal Law Enforcement Officer or other person appointed by or under the authority of a City by-law and a police officer employed by the Ontario Provincial Police (OPP). (as amended by 2022-119)

(d) Owner means any person who owns, possesses, harbours or has the care and control of an animal and the words "owns" and "owned" have a corresponding meaning, where the owner is a minor, the person responsible for the custody of the minor; (as amended by 2022-119)

(e) Person means an individual, a partnership, a corporation and the heirs, executors, administrators or legal representatives of a person. (as amended by 2022-119)

General provisions

1. No person shall own, harbour, possess, sell or offer for sale any animal listed below as a pet or for any other purpose:

(a) All non-human primates (such as gorillas and monkeys);

(b) All felids (including but not limited to lions, cougars, tigers, leopards, cheetahs but not including the domestic cat);

(c) All canids (including but not limited to jackals, wolves and foxes but not including the domestic dog);

(d) All mustelids (including but not limited to minks, polecats, skunks, weasels, otters, badgers, etc., but not including the domestic ferret);

(e) All marsupials (including but not limited to kangaroos and opossums);

(f) All bats, eagles, hawks, owls and falcons;

(g) All ursine (bear);

(h) All hyaenas;

(i) All snapping turtles;

(j) All elephants;

(k) All snakes which reach an adult length larger than three (3) metres;

(l) All poisonous or venomous snakes (including but not limited to cobras and rattlesnakes);

(m) All the following boidaes:

(i) Green anaconda;

(ii) Yellow anaconda;

(iii) Reticulated python;

(iv) African rock python;

(v) Burmese python;

(vi) Indian python;

(vii) Amethyst python.

(n) All song birds in the family Paradisaeidae (including but not limited to birds of paradise);

(o) All poisonous or venomous arachnids (including but not limited to spiders);

(p) All lizards which reach an adult length larger than two (2) metres;

(q) All poisonous or venomous lizards;

(r) All crocodilians (including but not limited to alligators and crocodiles);

(s) All endangered species as defined by the Canadian Wildlife Service and all species of animal whose ownership is already prohibited by existing Federal and Provincial legislation;

(t) All perissodactyls (including but not limited to horses, asses, donkeys, zebras, mules and ponies);

(u) All bovines (including but not limited to cattle and cows); (as amended by 2022-119)

(v) All farm animals (including but not limited to goats, sheep, swine, pigs, lamas, alpacas, ostriches, chickens); (as amended by 2022-119)

(w) All poultry (including but not limited to turkeys, ducks, quails, geese, guinea fowls and pigeons). (as amended by 2022-119)

Exemptions provisions

1. Notwithstanding Section 2, the prohibition shall not apply to:

(a) Any animal living in a zoo;

(b) Circuses or other like shows and parades;

(c) Premises operated by the Ontario Society for the Prevention of Cruelty to Animals;

(d) A veterinary hospital under the control of a licensed veterinarian;

(e) Anyone holding a licence under any statute of the Legislature of Ontario or the Government of Canada, which permits the keeping of animals under stated conditions;

(f) Any animal being displayed or exhibited for a set period of time in the City at a sanctioned event which is operated in accordance with all by-laws of the City;

(g) The premises of an Institution of Education where such animals are being kept for research, study or teaching purposes, or on premises registered as Research Facilities under the Animal for Research Act.

4. Section 2 shall not apply to prevent the owners keeping a snake larger than three (3) metres and lizards larger than two (2) metres if such animal was owned and kept as a pet prior to the adoption of this by-law. These owners are required however to register their animal within a month after the passing of this by-law.

5. Section 2, Subsections (t), (u), (v) and (w) shall not apply to any land designated under the zoning by-law of the City for agricultural use or for the keeping of livestock. (as amended by 2022-119)

6. Notwithstanding the provisions of Section 3, no person shall, on public property, walk with or ride on any animal listed in Section 2.

7. Every person and pet shop owner who owns a snake or lizard must register his/her animal with the City.  No fee will be charged for the registration of such animal.

8. Pet shop owners must submit to the City each month an inventory list of all snakes and lizards purchased and sold including the purchaser(s’) name and address.

9. No person shall keep more than six (6) guinea pigs in any residential dwelling unit within the City and no more than two (2) such guinea pigs shall be adults.

10. No person shall keep more than six (6) rodents in any residential dwelling unit within the City.

11. No person shall keep more than two (2) rabbits in a fenced cage outside a residential unit or dwelling.

12. All enclosures for the animals listed in Sections 9, 10 and 11 shall be kept clean and sanitary and all excrements shall be sanitarily disposed.

Enforcement provisions

13. Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and liable to any penalty as provided in the Provincial Offences Act, as amended.

14. The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted.

15. A Municipal Law Enforcement Officer designated to perform inspections pursuant to this by-law may, at all reasonable times, enter onto land for the purpose of an inspection to ascertain compliance of the provisions of this by-law.

Enactment

16. This by-law shall come into force on the date it is passed by the Council of the Corporation of the City of Clarence-Rockland.

Read, passed, and adopted in open council this 5^th day of December, 2022. 

Mario Zanth, Mayor

Monique Ouellet, Clerk  

Whereas paragraph 7 of Subsection 11(3) of the Municipal Act, 2001 states that a lower-tier municipality may pass by-laws subject to the rules set out under subsection (4), in regards to structures including fences and signs;

And Whereas Section 8(3) of the Municipal Act, 2001 authorizes a municipality to regulate or prohibit matters pertaining to fences and as a part of that power, to provide for a system of approvals and to impose conditions as requirements of obtaining, continuing to hold or renewing the approval;

And Whereas section 11(2)(6) of the Municipal Act authorizes a municipality to regulate matters related to health, safety and well-being of the inhabitants of the municipality; 

And Whereas section 446 of the Municipal Act authorizes a municipality, under a by-law, to direct or require a person to do a matter or thing and the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person's expense, and the municipality may recover the costs of doing the matter or thing from the person by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes; 

And Whereas section 425 of the Municipal Act authorizes a municipality to pass a by-law providing that a person who contravenes a by-law of the municipality is guilty of an offence;

And Whereas section 429 of the Municipal Act authorizes a municipality to establish a system of fines for the offences;

The Council of the Corporation of the City of Clarence-Rockland enacts as follows:

1.1 Definitions 

In this by-law,

Agricultural Operation

Means an agricultural, aquacultural, horticultural or silvacultural operation that is carried on in the expectation of gain or reward;

Building

Means any structure used or intended for supporting or sheltering any use or occupancy;

City

Means Corporation of the City of Clarence-Rockland;

City Engineer

Means Director of the Infrastructure and Planning Department of the Corporation of the City of Clarence-Rockland for the time being or such other person or persons designated by him;

Collector Roads

Means the roads designated as collector on Schedule "B", to the Official Plan of the Urban Area of the City of Clarence-Rockland and Schedule “D” of the Official Plan of the United Counties of Prescott and Russell;

Corner Lot

Means a lot situated at the intersection of two or more roads or upon two parts of the same road having an angle of intersection not exceeding 135 degrees;

Council

Means the Council of the Corporation of the City of Clarence-Rockland;

Director

Means the person appointed as Director of the By-law Enforcement Division, or authorized delegate;

Erect

Includes alter, construct, place, relocate and any work preparatory to erection and "erection" has a corresponding meaning;

Fence

Means any freestanding structure, wall or barrier other than a building, erected at grade for the purpose of delineating the boundaries of a property, restricting ingress to or egress from a property, providing security or protection to property, and does include a hedge;

Gate

Means any swinging or sliding barrier used to fill in or close an access in a fence;

Grade

Means the elevation of the finished level of the ground adjoining the fence exclusive of any artificial embankments or berms;

Hedge

Means a continuous line of thick shrubs or trees, which is densely planted and intended to be maintained at an even height;

Lot Line, Front

Means,

1. in the case of an interior lot, the lot line dividing the lot from the street,
2. in the case of a corner lot, through lot, or through corner lot, the shortest of the lot lines that divide the lot from the road shall be deemed the front lot line,
3. in the case of a corner lot, through lot, or through corner lot where such lot lines are of equal length, the City may deem any of the lot lines that divide the lot from the road as the front lot line;

Lot Line, Rear

Means the lot line opposite to, and most distant from, the front lot line, but where the side lot lines intersect, as in the case of a triangular lot, the rear lot line shall be represented by the apex of the triangle formed by the intersection of the side lot lines;

Lot Line, Side

Means a lot line other than a front lot line or a rear lot line;

Non-Residential Property

Means land used for other than residential purposes and includes land used for both residential and other purposes;

Open Construction

Means construction of a fence that has an open vertical surface space, enabling a clear view through such fence; 

Person

Means an individual, firm, corporation, association or partnership;

Principal Building

Means the building in which the principal use of the lot is conducted;

Privacy Screen

Means a permanent structure that provides a screen or visual barrier to provide privacy;

Residential Property

Means land used for residential purposes and includes vacant land abutting residential property;

Road

Means a public road or private road;

Sight Triangle

Means a triangular area on a lot formed by an intersecting exterior lot line and front lot line and a line drawn from a point on one line across such lot to a point on the other lot line, each such point being the required distance from the point of intersection of the two lot lines;

Yard

Means any open space located between the nearest point of a building and a lot line;

Yard, Front

Means a yard extending across the full width of a lot between the front lot line and the nearest point of the principal building on the lot;

Yard, Rear

Means a yard extending across the full width of the lot between the rear lot line and the nearest point of the principal building on the lot; and

Yard, side

means a yard extending from the front yard to the rear yard between the side lot line and the nearest point of the principal building on the lot.

1.2.Severability

It is declared that if any section, subsection or part, or parts thereof, be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

1.3. Calculation of Height

3.1   The height of a fence at any given point shall be measured from the grade at the base of the fence, as follows:

1. to the top of the fence where erected at grade and where there is no grade difference between the two sides of the fence; or

1. from the higher grade to the top of the fence where erected at grade and there is a grade difference between the two sides of the fence.

 1.4. Visibility Triangles

4.1       In the case of a corner lot, no person shall erect a fence or cause a fence to be erected that is greater than seventy-five centimetres (75 cm) in height at any point within a visibility triangle formed by measuring six metres (6 m) along the lot lines from the intersection of any two roads or at the intersection of two parts of the same road meeting at an angle of not more than one hundred and thirty-five (135) degrees;

4.2       In the case of any lot, no person shall erect a fence or cause a fence to be erected that is greater than seventy-five centimetres (75 cm) in height within a visibility triangle formed by measuring two metres     (2 m) along the lot line and a driveway, a pedestrian walkway or a bicycle pathway, at the intersection of the driveway, walkway or pathway and the lot line abutting the road.

1.5. Height Restrictions - Residential Property

5.1       Subject to Section 4, on residential property no person shall erect a fence or cause a fence to be erected that is higher than,

1. one metre (1 m) in height in a yard, front, and
2. two hundred and thirteen centimetres (213 cm) in height in any yard other than a yard, front.

5.2   Despite Section 5.1, in yards, side and yards, rear,

1. gates may exceed the height restrictions by a maximum of thirty centimetres (30 cm),
2. archways forming part of an entrance may exceed the height restrictions to a maximum of two hundred and fifty centimetres (250 cm), and
3. decorative caps on structural posts may exceed the height restrictions to a maximum of fifteen centimetres (15 cm).

5.3       Despite Section 5.1, where a residential property abuts a collector road and where the grade level at the crown of the road is higher than the grade at the base of the fence, the maximum height restriction with respect to that portion of fence immediately contiguous to the highway shall be measured from the crown of the road to the top of the fence, but in no event shall such portion of the fence immediately contiguous to the road exceed a height of three metres (3 m) in a yard, rear or yard, side as measured from the base to the top of the fence.

1.6. Height Restriction- Non-Residential Property

6.1   On non-residential properties, no person shall erect a fence or cause a fence to be erected that is higher than three metres (3 m).

1.7. Height Restrictions - Privacy Screens

7.1  In a residential zone, other than land used for multiple attached dwelling units (townhouses), a privacy screen may be erected in a rear yard or side yard, provided:

1. the privacy screen is located at least 1 metre from any property line,

1. the maximum height of the privacy screen shall be 2.0 metres (6 feet, 5 inches) plus an additional 0.3 metres (1 foot) in height for each additional 0.3 metres (1 foot) that the privacy screen is set back from the permitted minimum zone setback as established in the Zoning by-law, to a maximum height of:

                  i. 2.6 metres (8 feet 5 inches) if erected at ground level, or

ii. 2 metres (6 feet 5 inches) above a deck or platform if erected on the deck or platform (measured from the floor or the deck or platform),

1. the portion of any privacy screen exceeding 2.44 metres (8 feet) in height as measured from the ground shall be of at least 40% open construction,

1. no privacy screen on a corner lot shall be closer to the road than the portion of the main building nearest to the road, and

e. no privacy screen shall exceed 9 metres (29 feet 5 inches) in length along any section of a fence or 12 metres (39 feet 25 inches) in total length;

7.2  In a residential zone used for multiple attached dwelling units (townhouses), privacy screens are not permitted, except upon a deck or platform in a rear yard provided:

a.  the maximum height of the privacy screen shall be 2 metres (6 feet 5 inches) measured from the floor of the deck or platform,

b. the maximum projection of a privacy screen from the building shall be 3.66 metres (12 feet),

c. the privacy screen shall be set back at least 0.9 metres (3 feet) from any property line other than a property line which is the extension of a common wall between two dwelling units, and

1. no privacy screen on a corner lot shall be closer to the road than the portion of the building nearest the road.

1.8 Exemptions

8.1       Despite Section 5.1, where it is considered necessary for the health or safety of the public, the Director may permit the construction of a fence higher than the height specified in the by-law on residential property provided that the height of the fence does not exceed 2.5 metres and the height of the fence is necessary to ensure public safety. The exemption must be given in writing and duly filed in the property file.

8.2       The City may authorize a variance from this By-law by approval of the Director or by resolution of Council.

1.9. General Regulations

9.1  No person shall erect a fence or a privacy screen or cause a fence or privacy screen to be erected unless the fence or privacy screen is,

1. stable,
2. vertical,
3. made of materials of good quality,
4. suitable for the purpose, and
5. constructed and supported in a manner commensurate with the     design of the entire fence.

9.2  Every person who erects a fence or a privacy screen or causes a fence or privacy screen to be erected shall keep such fence or privacy screen,

1. in good repair,
2. in a safe and structurally sound condition,
3. free from accident hazards,
4. protected by paint, preservative or other weather resistant material, except for wooden fences made of cedar, redwood or treated wood and
5. as to not display logos, messages or graphics that promotes violence, hatred and discrimination and with gruesome pictures.

9.3   No person shall erect a fence or a privacy screen or cause a fence or a privacy screen to be erected,

1. which is wholly or partly constructed of barbed wire, chicken wire or other barbed or sharp material,
2. which contains a device for projecting an electric current, or
3. in a manner that renders a swimming pool enclosure non-conforming with the requirements of the “Pool By-law” of the City.

9.4   No person shall erect a fence or cause a fence to be erected on City property, including any public highway.

9.5   No person shall erect a fence or cause a fence to be erected unless the fence is constructed and finished in such a manner so as to present the finished side thereof, as determined by the Director, toward the public street and any neighbouring property.

9.6    Despite paragraph (a) of Section 9.3, where required for the safety or protection of non-residential property, the portion of any fence above two hundred and fifty centimetres (250 cm) may be wholly or partially constructed of barbed wire.

9.7  Unsightly markings, stains or other defacements on the exterior surfaces of fences shall be removed and the surface shall be refinished when necessary.

9.8    No person shall erect or cause to be erected, on residential property or on lot lines of non-residential property abutting residential property, a chain link fence that is not vinyl or powder coated.

9.9  No person shall alter in any way the existing grades or drainage patterns of the premises, unless otherwise approved by the City Engineer. The finished grade shall comply with the approved lot grades or drainage patterns.

9.10  No person shall install a fence directly on a municipal infrastructure (catch basin, fire hydrant, standposts, etc.), or within any lands subject to an easement in favour of the City, without the prior written approval of the City Engineer, which approval may be withheld in the Engineer’s sole discretion, and if such approval is granted, a door or an opening shall be created to provide unobstructed access to the City infrastructure. The size and location of the opening must be approved by the City.

9.11 In the event that a fence or portion thereof is required to be removed, or becomes damaged by the City or its authorized agents in the exercise of the City’s rights pursuant to a registered easement upon which a fence has been erected (approved or otherwise), the City shall have no obligation to repair or replace such fence or compensate the owner of the fence in any manner whatsoever.  

1.10 Non-Application of By-law

10.1    Section 6 does not apply to a fence erected upon, or abutting land, which is used for a railway right-of-way, or for hydro, telephone or utility installations, or for public work installations which are hazardous to the public.

10.2    Sections 5 and 6 do not apply to a fence required by the City as a condition of a subdivision approval or site plan approval.

10.3    Section 5 and Section 6 do not apply to a fence erected to enclose a tennis court and any other public recreational facility, provided that the fence is of chain link construction.

10.4    The provisions of this by-law do not apply to a fence erected on lands used for an agricultural operation.

10.5    The provisions of this by-law do not apply to a noise barrier that received approval from the City Engineer.

1.11. Transition

 11.1    Nothing in this by-law shall prevent the continued use and maintenance of a fence if such fence was lawfully erected in conformity with the provisions of a previous fence by-law prior to the effective date of this by-law.

 11.2    Any exemptions approved under a previous fence by-law continue in force and shall be deemed to be issued under this by-law for regulatory and enforcement purposes.

1.12 General Prohibition

12.1    No person shall erect, own, or maintain, or cause or permit the erection or maintenance of any fence on private property in the City that does not comply with this by-law and any other applicable law.

12.2    No person shall install a fence on a common lot line of a semi-detached dwelling or a townhouse dwelling on a shared driveway.

12.3  No person shall erect a snow fence unless it is:

a. during the winter months (from November 15th to April 30th); or

b. to temporarily provide barricade for a public purpose.

12.4    No person shall erect a construction fence unless it is used to:

1. enclose a current construction project;
2. surrounds a temporary event; or

13. Inspection

13.1  The City may enter on land at any reasonable time for the purpose of carrying out an inspection to determine compliance with:

         a. this by-law; or,

         b. an order made under section 431 of the Municipal Act, 2001;

13.2  For the purposes of conducting an inspection pursuant to section 13.1 of this by-law, the City may:

a. require the production for inspection of documents or things relevant to the inspection,

b. inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts,

c. require information from any Person concerning a matter related to the inspection; and,

d. alone or in conjunction with a Person possessing special or expert  knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.

14. Offence

14.1  Any person who contravenes any of the provisions of this by-law is guilty of an offence.

14.1    Where a fence has been erected and create a safety or health hazards, the Director may remove the fence at the expense of the Owner.

15. Penalties

15.1    Every person who is convicted of an offence is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, Chap. P. 33, as amended.

15.2    When a person has been convicted of an offence under this by-law,

1. the Ontario Court of Justice; or
2. any court of competent jurisdiction thereafter,

may in addition to any penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.

16. Administration

This by-law shall be enforced by the Municipal Law Enforcement Officers of the City.

17.Repeal

That By-law 2002-09 is hereby repealed.

That Policy AMÉ-06-02 is hereby repealed.

Read a first time in open Council, this 6th Day of September, 2016

Guy Desjardins, Mayor

Monique Ouellet, Clerk

Read a second time in open Council, this 3rd Day of October, 2016 

Guy Desjardins, Mayor

Monique Ouellet, Clerk

Read a third time and passed in open Council, this 3rd Day of October, 2016

Guy Desjardins, Mayor

Monique Ouellet, Clerk

By-law repealed

a)      By-law Number 2002-39 is hereby repealed.

By-law to take effect

a)      This by-law shall come into force and take effect on July 1st, 2008.

Read, done and passed in open council this 12th day of may 2008.

Richard Lalonde, Mayor                                                                   

Daniel Gatien, Clerk

A by-law to provide for the respecting the sale and the setting off of fireworks within the City of Clarence-Rockland.

WHEREAS the Municipal Act, S.O. 2001, Chapter C-25, Section 121, allows municipalities to prohibit and regulate the sale and setting of fireworks; 

AND WHEREAS the Council of the Corporation of the City of Clarence-Rockland deems it expedient to enact such by-law; and

NOW THEREFORE the Council of the Corporation of the City of Clarence-Rockland enacts as follows: 

1.  Definitions  

In this by-law,  

1.1.       Act means the Explosives Act, Revised Statutes of Canada, 1985, Chapter E-17, and the Regulations enacted thereunder as amended from time to time or any Act and Regulations enacted in substitution, therefore. 

1.2.       City means the municipal corporation of the City of Clarence-Rockland. 

1.3.       Consumer firework means an outdoor, low hazard, recreational firework that is classed as a subdivision 1 of Division 2 of Class 7 Fireworks under the Act and includes fireworks showers, fountains, golden rain, lawn lights, pin wheels, Roman candles, volcanoes, and sparklers but does not include Christmas crackers and caps for toy guns containing not in excess of twenty-five one-hundredths of a grain of explosive used per cap.  

1.4.       Discharge means to fire, ignite, explode, or set off or cause to be fired, ignited, exploded, or set off and the words "discharged" and "discharging" have a similar meaning.  

1.5.       Display firework means an outdoor, high hazard, recreational firework that is classed as a subdivision 2 of Division 2 of Class 7 Fireworks under the Act, and includes rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, bombardos, waterfalls, fountains, batteries, illumination, set pieces and pigeons but does not include firecrackers. 

1.6.       Fire Chief means the Director of Construction and Protective Services/Fire Chief of the City or authorized subordinates.  

1.7.       Firecracker means a pyrotechnic device that explodes when ignited and does not make any subsequent display or visible effect after the explosion, and includes those devices commonly known as Chinese firecrackers.  

1.8.       Fireworks means display fireworks, pyrotechnic special effects fireworks and consumer fireworks.  

1.9.       Fireworks Supervisor means a person who is an approved purchaser of display fireworks and who is qualified under the Act to supervise the discharge of display fireworks.   

1.10.    FPPA means the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, and the Regulations enacted thereunder as amended from time to time or any Act and Regulations enacted in substitution therefore.  

1.11.    Municipality for the area land within the geographic limit of the City of Clarence-Rockland

1.12.    Prohibited firework includes but is not limited to cigarette loads or pings, exploding matches, sparkling matches, ammunition for miniature tie clip, cufflink or key chain pistols, auto alarms or jokers, cherry bombs, M-80 and silver salutes and flash crackers, throw down torpedoes and crackling balls, exploding golf balls, stink bombs and smoke bombs, tear gas pens and launchers, party peppers and table bombs, table rockets and battle sky rockets, fake firecrackers and other trick devices or practical jokes as included on the most recent list of prohibited fireworks as published from time to time under the Act.  

1.13.    Pyrotechnician means a person who is certified under the Act as a Theatrical User, an Assistant, a Pyrotechnician or a Special Effects Pyrotechnician and is qualified to purchase and supervise the display of pyrotechnic special effect fireworks under the Act.  

1.14.    Pyrotechnic special effect firework means a high hazard firework that is classed as a subdivision 5 of Division 2 of Class 7 Firework under the Act and that is used to produce a special pyrotechnic effect for indoor or outdoor performances and includes black powder bombs, bullet effect, flash powder, air bursts, smoke compositions, gerbs, lances and wheels.

1.15.    Sell includes offer for sale, cause or permit to be sold and to possess for the purpose of sale and the words "selling" and "sold" have a similar meaning.  

1.16.    Sky Lantern means those devises also known as Flying, Chinese, Kongming or Wish lanterns, or other similar device constructed of paper and a frame containing a fuel pack,which fuel pack is usually a petroleum or wax-based fuel that when lit causes the lantern to rise.

1.17.    Urban area means the area set out in the current Clarence-Rockland Zoning By-Law.  

2.  Interpretation

2.1         In this by-law words importing the singular number only include more persons, parties, or things of the same kind than one and the converse, and a word interpreted in the singular number has a corresponding meaning when used in the plural.  

3.  Sale of fireworks and firecrackers 

3.1         No person shall sell any firecrackers. 

3.2         No person shall sell any prohibited fireworks.  

3.3         No person shall sell consumer fireworks except on the following days:  Victoria Day, St-Jean Baptiste Day, Canada Day, and New Year’s Day and each of the seven business days immediately preceding Victoria Day, St-Jean Baptiste, Canada Day, and New Year’s Day.   

3.4         Every person in charge of a store shall ensure that fireworks displayed in store windows shall be mock samples only and not contain explosive composition. 

3.5         No person shall sell consumer and/or display fireworks if not in possession of a valid business license issued by the Corporation of the City of Clarence-Rockland and that the building meets all requirements of the Ontario Fire Code.  

4.  Discharge of firecrackers and prohibited fireworks 

4.1.       No person shall discharge any firecrackers. 

4.2.       No person shall discharge any prohibited fireworks.  

5.  Consumer fireworks  

5.1.       No person shall discharge consumer fireworks except on the following days:  

5.1.1.Victoria Day, the Saturday, and Sunday immediately preceding Victoria Day;

5.1.2.St-Jean Baptiste Day, the Saturday or Sunday immediately preceding St-Jean Baptiste Day if falls on a Monday or Tuesday, or the Saturday or Sunday immediately following the St-Jean Baptiste Day if it falls on a Wednesday, Thursday, or Friday; and  

5.1.3.Canada Day, the Saturday, or Sunday immediately preceding Canada Day if Canada Day falls on a Monday or Tuesday, or the Saturday or Sunday immediately following Canada Day if Canada Day falls on a Wednesday, Thursday, or Friday.  

5.1.4.New Year’s Day, the Saturday or Sunday immediately preceding New Year’s Day if it falls on a Monday or Tuesday, or the Saturday or Sunday immediately following New Year’s Day if it falls on a Wednesday, Thursday, or Friday. 

5.2.  No person shall discharge any consumer fireworks in such a manner as might        create danger or constitute a nuisance to any person or property, or to do or cause or allow any unsafe act or omission at the time and place for the discharging of any fireworks.  

5.3.  No person shall discharge any consumer fireworks in or into any building, doorway, or automobile.  

5.4.  No person shall discharge any consumer fireworks in or on or into any highway, street, lane, square or other public place.  

5.5.  No person under the age of eighteen (18) years shall discharge any consumer fireworks except under the direct supervision of and control of a person eighteen years of age or over.  

5.6.  No person shall discharge or cause to be discharge any consumer fireworks within the limits of an urban area, unless authorized by the Fire Chief, upon issuance of a permit.

5.7.  No person shall discharge or cause to be discharged any consumer fireworks without first obtaining a consumer fireworks discharge permit and pay all associated fees as listed in the City’s fees and services bylaw.

5.8.  No person shall set off or cause to be set off any sky lanterns as defined.  

5.9.  No person shall discharge or cause to be discharge any consumer fireworks without first obtaining a valid Fire Works Permit and no person shall discharge or caused to be discharge any consumer fireworks when a burn ban or a total burn ban has been issued by the Fire Chief or his/her designate. 

6.  Display fireworks  

6.1.     No person or group of persons shall set display fireworks in the City without first having obtained a permit to do so issued by the Fire Chief.  

6.2.     Every application for a permit shall be made to the Fire Chief a minimum of 30 days prior to the event when the proposed discharge of display fireworks is to occur.  

6.3.     Every application for a permit shall include:  

6.3.1.      a description of the event including,  

6.3.1.1.    the date and time of the proposed discharge of display fireworks,  

6.3.1.2.    the type and kind of display fireworks that may be discharged,  

6.3.1.3.    the discharge techniques to be used,  

6.3.1.4.    the manner and means of restraining unauthorized persons from attending too near the discharge site, 

6.3.1.5.    the manner in which unused display fireworks are to be disposed of, and

6.3.1.6.    the number of persons authorized to handle and discharge the display fireworks;  

6.3.2.      a site plan providing a description of the discharge site to be used for the discharging of the display fireworks;  

6.3.3.      a description of the fire emergency procedures;  

6.3.4.      the name and address of the applicant and the sponsoring organization, if applicable;  

6.3.5.      proof of certification of the applicant as a Fireworks Supervisor;  

6.3.6.      proof of the consent of the owner of the property to the discharge of display fireworks in writing;  

6.3.7.      a processing fee as listed in the City fees and services bylaw.  

6.3.8.      proof of insurance and indemnification in accordance with Sections 7 and 8; and  

6.3.9.      such other information as required by the Fire Chief.  

6.4.  An applicant for a permit is, subject to the provisions of this by-law, entitled to be issued the permit, except where:  

6.4.1.        the application is incomplete,  

6.4.2.        the applicant is not a Fireworks Supervisor,  

6.4.3.        the display is not being held under the auspices of an established club, association, or group of persons,  

6.4.4.        the purpose of the display is not of civic, national, or international significance, or not of special significance for particular interest groups, or  

6.4.5.        there are reasonable grounds for belief that the holding of the display fireworks will result in a breach of this by-law or the Act.  

7.  Insurance

7.1. The applicant shall provide and maintain Commercial General Liability insurance subject to limits of not less than Five Million Dollars ($5,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. Such insurance shall be in the name of the applicant and shall name the City of Clarence-Rockland as an additional insured thereunder. Such insurance shall include permission to conduct displays of pyrotechnic special effects fireworks or display fireworks. Such insurance policy shall contain an endorsement to provide the City of Clarence-Rockland with (30) days prior written notice of cancellation or of a material change that would diminish coverage, and a Certificate of Insurance evidencing such insurance coverage shall be provided to the City of Clarence-Rockland prior to the issuance of a permit.  

8.  Indemnification 

8.1. The applicant shall indemnify and save harmless the City of Clarence-Rockland from any and all claims, demands, causes of action, loss costs or damages that the City of Clarence-Rockland may suffer, incur or be liable for resulting from the performance of the applicant as set out in the by-law whether with or without negligence on the part of the applicant, the applicant's employees, directors, contractors, and agents.   

9.  Conditions applying to permit for display fireworks

9.1.  The Fire Chief may issue permits for displays of fireworks on the conditions set forth in Section 9.2, and each such permit shall state the name of the sponsoring club, association or group, the purpose of the display, the place and date at which the same may be held, and the name of the person under whose supervision the display shall be held.  

9.2.  The following conditions shall apply to the holding of a display of display fireworks under a permit issued under this by-law:  

9.2.1.      the permit is valid only for the display at the place and on the date or dates set forth in the permit, 

9.2.2.      the permit holder shall supervise the display of display fireworks,  

9.2.3.      the permit holder shall discharge the display fireworks,  

9.2.4.      every permit holder shall provide and maintain fully operational, fire extinguishing equipment ready for immediate use, and  

9.2.5.      the permit holder shall comply at all times with the provisions of the Act, FPPA and the Display Fireworks Manual published by Natural Resources Canada or any successor publication.  

9.3.  No permit holder shall discharge display fireworks except in accordance with the conditions of the permit.  

9.4.  The permit holder holding the display of display fireworks shall ensure that all unused fireworks and all debris are removed. 

10.   Pyrotechnic special effects fireworks

10.1.  No person or group of persons shall hold a display of pyrotechnic special effect fireworks in the City of Clarence-Rockland without first having obtained a permit to do so issued by the Fire Chief.  

10.2.  No person or group of persons shall discharge any pyrotechnic special effect fireworks in the City of Clarence-Rockland, without first having obtained a permit issued by the Fire Chief authorizing the display of pyrotechnic special effect fireworks.  

10.3.  Every application for a permit pursuant to Section 10.1 shall be made to the Fire Chief a minimum of 30 days prior to the event where the proposed discharge of pyrotechnic special effect fireworks is to occur.  

10.4.  Every application for a permit shall include:  

10.4.1.   a description of the event including, 

10.4.1.1. a site plan of the facility and room capacity, the stage, and the pyrotechnic special effect fireworks storage area,  

10.4.1.2. a list of all the pyrotechnic special effect fireworks to be employed,  

10.4.1.3. location of all pyrotechnic special effect fireworks,  

10.4.1.4. height, range of effect, fallout, and duration of the display of pyrotechnic special effect fireworks,  

10.4.1.5. sequence of firing,  

10.4.1.6. location of the audience and all exits, and  

10.4.1.7. date and time of the proposed event using pyrotechnic special effect fireworks; 

10.4.2.   description of fire emergency procedures;  

10.4.3.   name and address of the applicant and the sponsoring business or organization, if applicable;  

10.4.4.   proof of certification of the applicant as a pyrotechnician;  

10.4.5.   proof of insurance and indemnification in accordance with Sections 7 and 8;  

10.4.6.   proof of consent of the owner of the property to the discharge of pyrotechnic special effect fireworks in writing if the applicant is not the owner of the property; 

10.4.7.   a processing fee as listed in the City fees and services bylaw.  

10.4.8.   such other information as required by the Fire Chief.  

10.5.  An applicant for a permit is, subject to the provisions of this by-law, entitled to be issued the permit, except where:  

10.5.1.   the application is incomplete,

10.5.2.   the applicant is not a pyrotechnician under the Act, or  

10.5.3.   there are reasonable grounds for belief that the holding of the display fireworks will result in a breach of this by-law, the FPPA or the Act.  

11. Conditions applying to permit for pyrotechnic special effects fireworks 

11.1.        The Fire Chief may issue permits for displays of pyrotechnic special effect fireworks on the conditions set forth in Section 11.2 and each such permit shall state the name of the sponsoring business, club, association or group, the purpose of the display, the place and date at which the display may be held, and the name of the pyrotechnician under whose supervision the same shall be held.  

11.2.        The following conditions shall apply to the holding of a display of pyrotechnic special effect fireworks under a permit issued under this by-law:  

11.2.1.   the permit is valid only for the display at the place and on the date or dates set forth in the permit,  

11.2.2.   the permit holder shall supervise the display of pyrotechnic special effect fireworks,  

11.2.3.   the permit holder shall discharge the pyrotechnic special effects fireworks,  

11.2.4.   the permit holder shall provide and maintain fully operational, fire extinguishing equipment ready for immediate use, and  

11.2.5.   the permit holder shall comply at all times with the requirements of the Act, FPPA and the Pyrotechnics Special Effects Manual published by Natural Resources Canada or any successor publication.  

11.3.      No permit holder shall discharge pyrotechnic special effect fireworks except in accordance with the conditions of the permit.

11.4.      The permit holder holding the display of pyrotechnic special effect fireworks shall ensure that all unused fireworks and all debris are removed.  

12. General requirement  

12.1.      Every holder of a display fireworks or pyrotechnic special effect fireworks permit shall produce his or her permit upon being so directed by the Fire Chief.  

13.   Enforcement

13.1.      The provisions of this By-law shall be enforced by the Fire Chief, or other individual duly appointed for the purpose of enforcing this By-law.

13.2.      The Fire Chief may carry out an inspection to determine if the provisions of this Bylaw are being complied and shall have the right to enter lands pursuant to the Municipal Act, 2001.

14.   Offence and penalties

14.1.      Any person who contravenes any provision of this By-law shall be liable to pay the City an Administrative Monetary Penalty, upon issuance of a penalty notice in accordance with the City of Clarence-Rockland Administrative Monetary Penalties System (AMPS) By-law, as may be amended from time to time.

14.2.      Any person who contravenes any provisions of this by-law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offences Act, R.S.O. 1990, Chapter P.33 and amendments thereto;

14.3.  Each day that a person contravenes with the provisions of this By-law, may constitute a separate offence.

15.    Severability

15.1.  If any provision or part of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal, inoperative, or ultra vires, in whole or in part, or inoperative in particular circumstances, the balance of the By-law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect.

16.    Order Prohibiting

16.1.  When a person has been convicted of an offence under the provisions of this By-law, any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act by person convicted directed towards the continuation or repetition of the offence.

17.       Short Title

17.1.  This By-law may be referred to as the “Fireworks By-law”. 

18.       Repeal

18.1.  That By-Law 2007-45 shall be and is hereby repealed on the date this By-Law comes in force and effect.

19.     Effective Date

19.1.  This by-law shall come into effect on the 24^th day of May 2022. 

Read, passed, and adopted in open council this 16^th day of May 2022.

Mario Zanth, Mayor

Monique Ouellet, Clerk

By-law to take effect

This by-law shall take force on the day it is adopted by Council of the City of Clarence-Rockland.

Read a first, second and duly passed upon the third reading, this 10th day of April, 2001.

Jean Pierre Pierre, Mayor                

Daniel Gatien, Clerk

A by-law of the City of Clarence-Rockland to prohibit the placement of graffiti on property and to require property be kept free of graffiti.

Whereas the Municipal Act, 2001, S.O. 2001, c.25, as amended provides that a municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council are or could become public nuisances;

And whereas in the opinion of the council of the City of Clarence-Rockland, graffiti is a public nuisance;

Therefore, the council of the City of Clarence-Rockland enacts as follows:

Definitions

1.     In this by-law,

“City” means the municipal corporation of the City of Clarence-Rockland or the geographic area of the City of Clarence-Rockland as the context requires;

“Customer Service Box” means either a publication distribution box or a courier drop box;

“Courier Drop Box” means an unattended box into which any member of the general public may deposit letters or parcels to be delivered by courier companies;

“Director” means the director of by-law department of the City of Clarence-Rockland or authorized assistants or By-law Officers;

“Graffiti” means one or more letters, symbols, etchings, figures, inscriptions, stains howsoever made or otherwise affixed to a property or other markings that disfigure or deface a property but does not include a mural sign permitted in accordance with any signs by-law, adopted by the City of Clarence-Rockland;

“Interior Space” includes an interior wall, ceiling, floor and any other partition that defines the interior space of a property;

“Mural Sign” means a decorative mural that is painted directly onto the exterior fabric of a building and that serves as an expression of public art;

“Officer” means a police officer or municipal law enforcement officer appointed by the council of the City of Clarence-Rockland to enforce the provisions of this by-law;

“Owner” includes,

 a)     The person who for the time being is managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person’s own account or as agent or trustee of any other person, who would receive the rent if the land and premises were let;

b)   The lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property;

“Property” means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures including customer service boxes and courier drop boxes, out-buildings, fences and erections thereon whether heretofore or hereafter erected, and includes vacant property.

Interpretation

1) The rules in this section apply to this by-law, unless a contrary intention is evident from the context.

2)   Unless otherwise defined, the words and phrases used in this by-law have their normal and ordinary meaning.

3)   This by-law is gender-neutral and, accordingly, any reference to one gender includes the other.

4)   Words in the singular include the plural and words in the plural include the singular.

5)   It is declared that any section, subsection or part thereof be declared by any court of law to be bad, illegal or ultra vires, such section, subsection part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

6)   Headings are inserted for convenience of reference purposes only, form no part of this by-law and shall not affect in any way the meaning or interpretation of the provisions of this by-law.

Interior Space

1.     This by-law does not apply to an interior space on a property or to a thing located entirely within the interior space on a property.

Graffiti Prohibited

1.     No person shall place or cause or permit graffiti to be placed on property.

2.     No owner of property shall fail to maintain such property free of graffiti.

Notice to Comply

1.     An officer who finds a contravention of this by-law may give written notice to the owner of the property requiring compliance with this by-law within the time period specified in the notice but not sooner than 7 calendar days after the notice is given.

2.     The notice may be served personally on the person to whom it is directed or by registered mail to the last known address of that person, in which case it shall be deemed to have been given on the third day after it was mailed.

3.     If there is evidence that the owner in possession of the property is not the registered owner of the property, the notice shall be served on both the registered owner of the property and owner in possession of the property.

4.     If the address of the owner is unknown or the city is unable to effect service on the registered owner or the owner, a placard stating the terms of the notice is placed in a conspicuous place upon the land on or near the property shall be sufficient notice to the owner.

Failure to Comply

1.   No person shall fail to comply with a notice given under section 6 of this by-law.

Removal of Graffiti

1.   If the owner fails to comply with a notice, the director of by-law department or persons acting upon his or her instructions, may enter upon the lands at any reasonable time for the purposes of carrying out the work described in the notice.

2.   Costs incurred by the city in doing the work required to be done by the notice may   be recovered by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes.

Offences and Penalties

1) Every person who contravenes any of the provisions of this by-law is guilty of an offence.

2) Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, as amended.

3)   When a person has been convicted of an offence under this by-law,

        a) The Ontario Court of Justice, or

        b) Any court of competent jurisdiction thereafter, may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.

Short Title

This by-law may be referred to as the “Graffiti Management By-law”

Read, done and passed in open council, this 14th day of May 2012.                

Marcel Guibord, Mayor                                            

Monique Ouellet, Clerk

(iii) a person whose daily income, as determined by the Social Services Department in accordance with the General Welfare Assistance Act, by reason of financial hardship, inability to obtain regular employment, lack of a principal family provider, illness, disability or old age, is less than the per diem cost of providing residential care services to a resident;

29. In addition to imposing a fine, a Court of competent jurisdiction may, upon conviction of an offence under this by-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted.

Severability

30. It is declared that if any section, subsection or part(s) thereof be declared by any court of law to be bad, illegal or ultra virus, such section, subsection or part(s) shall be deemed to be separate and independent and enacted as such.

Interpretation

31. In this by-law, words importing the singular number or masculine gender shall only include more persons, parties or things of the same kind than one, and females as well as males and the converse.

By-Law To Take Effect

32. This by-law shall take force and effect on the passing thereof and the provisions of any previous by-laws heretofore passed inconsistent with the foregoing are of any previous by- laws heretofore passed inconsistent with the foregoing are hereby repealed.

Read a first, second and duly passed upon the third reading, this 9th day of January, 2001.

Mayor, Jean-Pierre Pierre

Clerk, Daniel Gatien

5. If declared that if any section, subsection or part or parts thereof be declared by any Court or Law to be bad, or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

6. That by-law Number 1999-49 is hereby repealed.

7. That this by-law shall come into force on the day it is adopted by Council.

Read, done and passed in open council this 15th day of January 2007.

Mayor, Richard Lalonde

Clerk, Daniel Gatien

(f) “Intersection” means the area embraced within the prolongation or connection of the lateral curb lines or if none, then of the lateral boundary lines of two (2) or more streets which join one another at an angle, whether or not one (1) street crosses the other;

    (h) where an applicant proposes to vend on the sidewalks of the City, the applicant has furnished the description:

      (2) Every person who vends on private property with the consent of the owner or occupant of such property shall:

Renewal of License

     (5)  The maximum height of the display on or in the pedal-powered vehicle shall not exceed a height of one point four (1.4 m) metres as measured from the ground to the top of the display.

Severability

65. It is declared that if any section or subsection or part or parts thereof be declared by any competent Court of Law to be illegal shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

By-Law Enforce

66. This By-law shall come into force and take effect on the day it s duly pass in Council .

Schedule Adopted

67. The schedule referred to in this by-law shall form part of this by-law and be read in conjunction with the entry across there from, and not otherwise.

Former By-Law Repeal

68. That the Town of Rockland By-law No.1985-11, for the licensing, regulating, and governing of refreshment vehicles.

Read a first, second and duly passed upon the third reading, this 13th day of March 2006

Read A First, Second And Duly Passed Upon The Third Reading, This 13th Day Of March, 2006

Richard Lalonde, Mayor

Daniel Gatien, Clerk

Person

Includes any physical or corporate entity, partnership or any association and the heirs, executors, administrators, successors and assigns or other legal representative thereof to whom the context may apply;

Point of Reception

Means any point on the premises of a person where sound or vibration originating from other than those premises is received;

Residential Area

Means all properties within the Corporation of the City of Clarence-Rockland designated as "Residential A" area under the Zoning By-Law, as amended;

Rural Area

Means all properties within the Corporation of the City of Clarence-Rockland designated as "Rural Area" under the Zoning By-law, as amended;

Solid Waste Bulk Lift

Means a vehicle designated to load, unload and transport containers for handling refuse;

Sound Amplifying Device

Means any device which is primarily used or intended to be used to amplify or create sound and includes, but is not limited to, radios, phonographs, televisions, musical instruments, loud speakers and electronic devices or electro-mechanical transducers, used in the reproduction or amplification of music, speech or other sounds, but does not include fire alarms, smoke detectors or security alarms;

Trailer

Means any vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose of being self propelled, drawn or propelled by the motor vehicle and capable of being used for the living, sleeping or eating accommodation of persons;

Urban Area

Means all properties within the Corporation of the City of Clarence-Rockland designated as "Urban Area" under the Zoning By-law, as amended;

2.         General Prohibitions

(1)       No person shall make, cause or permit the emission of noise that disturbs or may disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants.

(2)       Notwithstanding the generality of the provisions of Section 2(1), no person shall make, cause or permit the emission of noise resulting from an activity listed herein, if clearly audible at a point of reception located in an area of the Municipality, indicated within the prohibited time shown for such an area, as such noise is deemed objectionable or liable to disturb the peace, quiet, rest, enjoyment, comfort or convenience of the inhabitants and is hereby strictly prohibited.

4.         Severability

It is hereby declared that each and every of the foregoing provisions of this by-law is severable and that, if any provisions of this by-law should for any reason be declared invalid by any Court, it is the intention and desire of this Council that each and every of the remaining provisions hereof shall remain in full force and effect.

5.         Penalty

Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine as set out in the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.

In addition to the imposition of a fine or other remedy, a court of competent jurisdiction may, upon conviction of an offence under this by-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted.

By-law No.1989-10, as amended (City of Rockland) and By-law No. 1992-106, as amended (Clarence township) are hereby repealed.

This By-law shall come into effect on the day it is adopted by Council.

Read a first, second and duly passed upon the third reading, this 14th day of September 1999.

Mayor                                                            

Clerk                           

provided for in the Provincial Offences Act, R.S.O. 1990, Chapter

P.33 and amendments thereto;

12.3.  Each day that a person contravenes with the provisions of this By- law, may constitute a separate offence.

Severability

13.1.  If any provision or part of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal, inoperative, or ultra vires, in whole or in part, or inoperative in particular circumstances, the balance of the By-law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect.

Order Prohibiting

15.1.  When a person has been convicted of an offence under the provisions of this By-law, any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act by person convicted directed towards the continuation or repetition of the offence.

Short Title

16.1.  This By-law may be referred to as the “Open Air Burning By-

law”.

Amendment to AMPS By-law No. 2022-33

17.1.  That By-Law No. 2022-33 be amended in order to add Schedule A-5, being the Administrative Monetary Penalty System (AMPS) Penalty Schedule for Open Air Fires By-Law.

Repeal

18.1.  That By-law No. 2017-92 is hereby repealed on the date this By- law comes in force and effect.

Effective date

19.1.  This By-law shall take effect on July 5, 2022.

Read, passed, and adopted in open council this 20th day of June 2022.

Mario Zanth, Mayor

Monique Ouellet, Clerk

Whereas pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, as amended council of a local municipality may pass a By-law to regulate and control all public parks and park buildings in the City of Clarence-Rockland and to protect these lands on behalf of the public interest;

And whereas the Municipal Act 2001, S.O. 2001, c. 25, provides the City of Clarence-Rockland with broad authority to pass by-laws within various “spheres of jurisdiction”, including a by-law with regard to the health, safety and well-being of persons in public parks and park buildings in the city;

And whereas this by-law applies to all parks and park buildings owned by or under the control and management of the city.

And whereas the council of the City of Clarence-Rockland deems it expedient to regulate the use of parks and park facilities within the limits of the city.

Now therefore the council of the City of Clarence-Rockland enacts as follows:

Definitions:

1.       in this by-law:

“Alcoholic Beverage” means spirits, liquor, beer, wine or any combination thereof and includes any alcohol in a form appropriate for human consumption as a beverage alone or in combination with any other substance;

“Animal” means any member of the animal kingdom, other than a human, and includes birds;

“Barbecue” means a portable or fixed device designed and intended solely for the cooking of food in the open air, but does not include outdoor fireplaces and campfires;

“Boat” includes a canoe, rowboat, punt, sailboat, outboard and inboard motor boat, and personal water craft;

 “Camp” means to erect a structure, hut or tent for the purpose of providing shelter;

 “City” means the municipal corporation of the City of Clarence-Rockland or the geographic area of the City of Clarence-Rockland as the context requires;

“Director” means the director of parks and recreation of the City of Clarence-Rockland or authorized designates, unless otherwise specified;

“Facility” means any area, pool, building or structure in a park under the jurisdiction of the community services and recreation department of the City of Clarence-Rockland;

“Motorized Vehicle” means an automobile, truck, motorcycle or any other vehicle propelled or driven by means other than muscular power but does not include a wheelchair or motorized vehicles operating pursuant to the approval of the director;

“Municipal Law Enforcement Officer” means a peace officer for the purpose of enforcing municipal by-law, as set out in the Police Services Act.

“Organized Team sport” means a team sport which operates under the auspices of a league, club or association and has a registration process with designated player rosters;

“Park” means a playground, playing field, ball diamond, sports field, boat launch, recreation centre, community building, facility, square, garden, water, pedestrian walkway or any other area owned, leased or used by the city and devoted to active or passive recreation and includes any lane or walkway or public parking area leading thereto;

“Person” means any individual, association, firm, partnership, corporation, agent or trustee and the heirs, executors, or other legal representatives of a person to whom the context can apply according to law;

“Service Animal” means an animal trained by a recognized school for service as a guide dog for the blind or visually-impaired, a guide dog for the deaf or hearing-impaired, or a special skills dog for other disabled persons and includes an animal used in therapy, registered with a recognized organization for that purpose;

“Sports Field” means an area in a park set aside for use in sports, such as football, soccer, rugby and cricket, requiring an open field space;

 “Waste” means paper, bottles, broken glass, cans, rags, garbage, rubbish, debris or refuse of any kind.

“Wheelchair” means a chair mounted on wheels, which is propelled by muscular power or any other type of power and is used for the carriage of a person who has a disability.

Interpretation

2. (1)     In this by-law, a word interpreted in the singular number has a                                corresponding meaning when used in the plural.

   (2)     It is declared that if any section, subsection or part or parts thereof be declared by any court of law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

Hours of Operation

3. (1)  No person shall:

      (a) Remain or enter into any park between the hours of 10:00 o’clock in the afternoon (p.m.) and 5:00 o’clock in the forenoon (a.m.) except as a participant or spectator of a function approved by the director;

     (b) Remain in the park upon completion of an activity as a participant or spectator no more than (1) on hour after the end of any function;

     (c)  Enter any place in a park where a sign prohibiting admittance or trespassing is displayed or where  admission is otherwise prohibited or restricted.

  (2) Despite subsection (1), where the hours of operation in a park are posted and differ from those in subsection (1), no person shall remain or enter into the park outside of the posted hours provided that the posted hours are no later than 11:00 o’clock in the afternoon (p.m.) or earlier than 5:00 o’clock in the forenoon (a.m.).

  (3)  where the posted hours are later than 11:00 o’clock in the afternoon (p.m.) or earlier than 5:00 o’clock in the forenoon (a.m.), clauses (a) and (b) of subsection (1) shall apply.

Animals

4. (1) No person being the owner or having care and custody of an animal shall permit such animal to be in a park without having physical control of such animal by means of a leash not exceeding eight (8) feet.

   (2) Subsection (1) shall not apply to a person with a service animal.

   (3) Despite subsection (1) and subject to other applicable municipal by-laws, the director may permit animals to be brought into a park for specific events, if the applicant files with the director request for a specific event indicating the time, date, place and purpose together with any additional information requested by the director.

 (4) No person being the owner or having care and custody of an animal shall fail to pick up the animal excrements. 

Sports and Activities

5. (1) No person shall participate in or play baseball, softball, basketball, volleyball, football, soccer, rugby, tennis, croquet, cricket, badminton, ultimate frisbee, disk golf, skateboarding or any other sport or activity in a park except in an area designated by the director for such respective purpose and in accordance with subsection (2).

    (2) No person shall use a ball diamond or a use a sports field on any day between the 30^th day of November and the 30^th day of April of any year, except as provided for in subsection (6).

    (3) Despite subsection (2), the director may, at his or her discretion, amend the dates on which a ball diamond and sports field may be used, on the basis of the ground conditions of the ball diamond or sports field.

    (4) Despite subsection (2), the director may, at his or her discretion, restrict or permit access, at any time and to any one ball diamond or sports field, on the basis of the ground conditions of the ball diamond or sports field.

    (4.1)  Subject to subsections (3) and (4), no person shall use or access a ball diamond or sports field to which access has been restricted by the director.

    (5) No person shall engage in any horse race or ride a horse in a park in an area not designated for that purpose by the director.

    (6) No person shall access or engage in casual winter sports during the winter months unless,

         a.  the ground is snow covered,

         b.  the site is not altered, and

         c.  there is no damage to the field.

    (7) No person shall play golf, drive a golf ball or use golf clubs or other like equipment or drive a golf cart in a park except in an area designated by the director for that purpose.       

    (8)  No person shall use a tennis court located in a park unless such person is a participant or a spectator.

    (9)  No person shall possess any bows or arrows or discharge arrows in or into a park except in an area designated by the director as an archery range.

    (10) No person shall operate a motor driven model airplane, helicopter or rocket except in an area designated by the director for that purpose.

    (11) No person shall use a barbecue in a park except in areas designated by the director for that purpose.

    (12) No person shall engage in any sport or activity that may endanger any park user.

    (13) No person shall restrict the use of any portion of the park without the written approval of the director.

Cycling, Skateboarding, Rollerblading, Motorized Vehicles

6. (1) The director may designate a park or part thereof as a place in which the riding of bicycles is prohibited and shall provide signage to indicate the park or part thereof to which the designation applies.

    (2) No person shall ride a bicycle or participate in skateboarding or rollerblading in a park, or part thereof, designated by the director as prohibiting cycling, skateboarding or rollerblading.

    (3) No person shall drive a motorized vehicle in a park, except in areas and during hours designated by the director for that purpose.

    (4) No person shall drive, park or stop a motorized snow vehicle or an all terrain vehicle in a park except in areas and during the hours designated by the director for that purpose.

    (5) No person shall drive a motorized vehicle in a park in such as  fashion as to create a hazard condition or cause damage to its infrastructure  

Permits

7.  (1) No person shall, in a park and without a permit issued by the director:

      a.  sell, or offer, expose or advertise for sale any:

            i. food or drink,

            ii. newspaper, magazine or publication,

            iii.goods, wares or merchandise,

            iv.art, skill or service;

      b.  Practice, carry on, conduct or solicit for any trade, calling, business or occupation;

      c. Distribute any flyers or circulars, or post any bills, notices or advertising devices, including signs, of any kind;

     d. Convene, conduct or participate in any parade or procession;

     e. Convene, conduct or hold a public meeting, or deliver a speech as a member of or to members of any group or to members of the general public;

     f.  Have in his/her possession any alcoholic beverage;

     g. Ignite, discharge or set off any fireworks or firecrackers;

     h. Light any open air fire in any park, except in places, specifically provided by the city;

     i. Camp in any park, or construct any tent or other structure;

     j. Use a public address system or other device or equipment for amplifying sounds in a park;

     k. Play any music whether individually or in a band, or 

     l.  Allow a hot air balloon to land or take off from a park, except in emergency situations only. 

(2) No person without a permit shall refuse to vacate a park, or portion of a park, in the event that a holder of a permit for that park, or portion of the park, wishes to access the area in accordance with the terms and conditions of his or her permit.

(3) No permit holder shall undertake to use a park or its facilities unless the permit holder:

      a. Maintains, at his or her own expense, liability insurance coverage related to the holding of the event and subject  to limits of not less than two million dollars ($2,000,000.00), inclusive per occurrence, for bodily injury, death and damage to property, and such insurance shall be in the name of the permit holder or the sponsoring organizer of the event and, where applicable, shall name the City of Clarence-Rockland as an additional insured;

     b. Is eighteen (18) years of age or older;

     c. Does not charge admission or sell refreshments except as authorized by the director;

     d. Follows the incident reporting procedures outlined in the permit in the event of an incident, including the contacting of on-site city staff, police , paramedic or fire services, as appropriate; and

     e. Complies with any other conditions of the permit issued by the director pursuant to subsection (6).

(4) A permit issued by the director is valid on the date or dates shown on the permit.

(5) No holder of a permit issued by the director shall access or use a park unless the permit holder:

      a. Accesses or uses the area of the park designated by the director for the permitted use;

      b. Produces his or her permit upon being so directed by the director or a municipal law enforcement officer;

      c. Immediately vacates the park upon being so ordered by the director or a municipal law enforcement officer; and

      d. Complies with the conditions of the permit, including any additional conditions imposed by the director pursuant to subsection (6).

(6) The director may attach such additional conditions to a permit as deemed necessary to ensure public safety, protect city property or maintain the enjoyment of the park for the public.

(7) A permit for park use issued by the director is not transferable.

(8) The permit holder shall comply at all times with all other applicable municipal by-laws and provincial and federal laws.

Encroachment

8. No person, being the owner or tenant of land adjacent to a park property, shall allow, cause or permit the following on park property:

      a.       planting of any hedge, tree, shrub or garden,

      b.       construction of any fence, storage shed, retaining wall or other structure of any kind,

      c. keeping of any composting receptacle or pile, or placing of any string, wire, chain, rope or similar material.

Asset Protection

9. (1) No person shall, in a park, cut, climb, break, injure, deface, disturb or remove any property including:

     a.  a tree, shrub, bush, flower, plant, grass, wood, soil, sand, rock or gravel,

     b.       building, cage, pen, or monument.

    (2) No person shall, in a park, mark or write upon, damage or otherwise injure any property of the city including:

        a. any part of the interior or exterior of a building,

        b.  any monument, fence, bench or other structure.

    (3) No person shall throw a stone or other object that may cause injury or damage to any person or to property.

    (4) No person shall, in a park:

           a. disturb, injure, wound, hunt, trap, attempt to kill or kill any animal,

           b. touch, interfere with, remove or injure any bird’s nest, the eggs or the young birds contained therein, or

           c. provide, cause to be provided, deposit or leave any food that may be used by wildlife in a park.

   (5) No person shall, in a park:

        a. Leave or deposit any waste, except in a receptacle provided for that purpose,

        b. Deposit or leave any paint, grease, oil, offal or any dangerous matter that has an odour or appearance found  to be offensive by users of the park,

        c. Scatter any paper, cardboard, or any other material; or undertake any maintenance activities or alter existing grounds or facilities unless authorized to do so by the director.

   (6) No person shall discharge, dump or leave any construction material, earth, dirt, rock, snow, stone or any other materials in a park, or in any ravine, slope, or other land access way to a park, except with the written consent of the director.

   (7) No person shall use a park or any part thereof for the purpose of:

        a. Washing, cleaning, polishing, servicing, maintaining or, with the exception of any emergency, repairing any motorized vehicle, or

        b. Instructing, teaching or coaching any person in the driving or operation of a motorized vehicle.

   (8) No person shall transport across, launch, beach or dock a boat in any park except on a portion of land specified for such purposes and with proper authorization by the director.

Skating

10.  No person using a skating rink in a park shall:

      a. race or speed so as to endanger or interfere with any other person using the rink,

      b. carry a cane, stick or any other object that is, or is likely to be, dangerous to other persons on a rink, except such equipment as may be required for any sport or activity approved by the director;

     c. use the rink during the preparation period; or

     d. fail to obey the instructions of a person employed by the City of Clarence-Rockland or any other person appointed by the director to oversee the operation and use of skating rinks.

Swimming

11. No person shall swim, bathe, wade in or enter the waters off a boat launch pad.

General

12.     (1)  No person shall engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior in a park. 

          (2) No person shall engage in any activity so as to interfere with or become a nuisance to the general public using the park.

          (3) No person shall discharge any firearm in a park.

          (4) No person shall smoke within nine metres (9m) of the entrance or exit of a facility or any other building that is owned or leased by the city.

          (5) For the purposes of subsection (1), “smoke” includes the carrying of a lighted cigar, cigarette, pipe or any other lighted  smoking equipment and “facility” includes only a building or structure.

          (6) No person shall engage in any casual or unscheduled games that may interfere with regular or scheduled authorized activities by the director.

          (7) No person shall use any park in such a manner as to endanger, interfere, or jostle other persons using such park or facility with the exception of when such interference is permitted during organized events

Restriction of Use

13.     (1)     The director may, at any time and at his or her discretion, temporarily or permanently close to the public a park, a portion of a park or a building in a park due to inclement weather or other circumstances deemed appropriate by the director.

          (2)     Where the director has temporarily or permanently closed to the public a park, a portion of a park or a building in a park pursuant to subsection (1), no person shall remain in or enter the closed area.

Indemnification

14. The applicant for a permit to access any park shall indemnify and save harmless the City of Clarence-Rockland from any and all claims, demands, causes of action, losses, costs or damages that the City of Clarence-Rockland may suffer, incur or be liable for resulting from the use of the park whether with or without negligence on the part of the applicant, the applicant’s employees, directors, contractors and agents.

Revocation

15. Permits issued to a permit holder under this by-law may be revoked by the director if, in the opinion of the director, the permit holder fails to comply with the requirements of the permit or any other provisions of this by-law.

Exemptions

16.     (1)     The provisions of this by-law shall not apply to the City of Clarence-Rockland or its agents, employees or contractors during the course of performing their duties in relation to park  construction, maintenance enforcement or other necessary activities.

          (2)     The provisions of this by-law shall not apply to the any bona fide                             emergency service providers.

Enforcement

17.     (1)     This by-law shall be enforced by the municipal law enforcement officers of the city.

          (2)     No person shall obstruct, hinder or interfere with the municipal law enforcement officer in the lawful performance of his duties.

Offences and Penalties

18.  (1)  Every person who contravenes any of the provisions of this by-law is guilty of an offence.

       (2)  Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, chapter p.33.

       (3)  Where a person has been convicted of an offence under this by-law:

            a. the Ontario Court of Justice, or

            b.any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed towards the continuation or repetition of the offence.

19.     Every person who acts in contravention of this by-law so as to cause the city to incur costs due to his or her actions shall, in addition to any penalty provided for herein, be liable to the city for all expenses incurred for the purpose of repairing or replacing damaged property or removing unauthorized materials, and such expenses may be recovered by court action or in a like manner as municipal taxes.

By-law Repealed

20. By-law number 2000-65 of the City of Clarence-Rockland “being a by-law to regulate the use of parks” is hereby repealed.

Effective Date

21.     This by-law shall come into force on June 1^st, 2010.

Read, done and passed in open council, this 12th day of April 2010.                                                       

Richard Lalonde, Mayor                                    

Monique Ouellet, Clerk

Parks and Recreation Area 2022 - 68

A by-law relating to the use, protection and regulation of public parks and recreation in the City of Clarence-Rockland and to amend by-law 2022-33, being a by-law to establish an Administrative Monetary Penalty System
Whereas Section 11 (3) 5. of the Municipal Act provides that a municipality may pass by-laws respecting matters within the sphere of jurisdiction of culture, parks, recreation and heritage;
Therefore, the Council of the City of Clarence-Rockland enacts as follows:

1. Definitions

In this by-law:
1.1. Authorized parking area means an area of a park or recreation area designated, set aside for or established, for the parking of motor vehicles, which may have posted regulations with respect to the use of the area;
1.2. Bicycle means a unicycle and a tricycle but does not include a motor assisted cycle of any type;
1.3. Bulk feeding means the depositing of food greater than 250ml for the purpose or intention of feeding of wildlife including but not limited to deer, geese, ducks, squirrels and groundhogs;
1.4. Change room means any permanent or temporary structure or portion of a structure designed to accommodate persons for the purpose of changing their clothing. A change room may include washroom facilities.
1.5. City means the municipal Corporation of the City of Clarence-Rockland;
1.6. Council means the Council of The Corporation of the City of Clarence-Rockland;
1.7. Director means the Director of Operations;
1.8. Environmentally Significant Area means those areas delineated as ESAs on a Map Schedule of the Official Plan for the City of Clarence-Rockland Planning Area adopted by the Municipal Council and amended from time to time, and which are under the control or management or joint management of the City;
1.9. Hiking trail means that part of a park that has been marked, posted or blazed for the purpose of hiking, cross country skiing or running by the public, is not pavement or concrete and on which the use of in-line skates, skateboards, bicycles, power-assisted bicycles, motor vehicles and motorized snow vehicles is prohibited. Hiking trails may or may not be accessible to motorized wheel chairs depending on topographic restrictions;
1.10. Liquor means spirits, wine and beer or any combination thereof and includes any alcohol in a form appropriate for human consumption as a beverage, alone or in combination with any other matter;
1.11. Motor vehicle has the meaning attributed to it in the Highway Traffic Act;
1.12. Multi-use pathway means that part of a park that has been improved with a hard surface and intended for a variety of uses including pedestrians, in-line skating and vehicles, excluding motor vehicles, horses and horse drawn conveyances of any sort and motorized snow vehicles;
1.13. Natural park area means an area which may be an entire park or part of a park, preserved in its natural or near natural state or an area created to remain thereafter in a natural state as open space and available for use by the public. For the purposes of this definition, natural shall mean established by nature or a selection process favouring survival of organisms best adapted to their environment;
1.14. Park means land and land covered by water and all portions thereof under the control or management or joint management of the City, that is or hereafter may be established, dedicated, set apart, or made available for use as public open space, including a natural park area and an environmentally significant area as defined in this by-law, including any buildings, structures, facilities, erections and improvements located in or on such land;
1.15. Power-assisted bicycle has the meaning attributed to it in the Highway Traffic Act and is commonly referred to as an electric bicycle or e-bike, and for greater certainty, has affixed to it pedals that are operable, and for greater certainty an e-bike and an e-scooter are defined as follows:
1.15.1. e-bike means a “power-assisted bicycle” that has the appearance of a bicycle;
1.15.2. e-scooter means a “power-assisted bicycle” that has the appearance of a scooter;
1.16. Public meeting or gathering means a picnic, organized gathering or event of more than twenty five persons;
1.17. Refuse includes but is not limited to paper wrappers, food containers, discarded food, disposable eating utensils, newspapers, drink containers of all kinds, disposable diapers, broken glass, grass clippings and inert fill of any kind;
1.18. Recreation area means an area or building or combination of both, under the control of the City which is maintained and/or supervised by employees of the City and includes any golf course, tennis court, arena, skating rink, swimming pool, wading pool/spray pad, play area, community centre, Storybook Gardens, skateboard facility, sports field, a park, a building or portion of a building which is owned, leased or used by the City, including a school and school grounds, for the purpose of offering recreation to the public;
1.19. Roadway means that part of a park or recreation area that is improved, designed or ordinarily used by vehicles and motor vehicles;
1.20. Run at Large means to be found in any place other than the premises of the owner of the dog and not under the physical control of any person by means of a leash held by the said person;
1.21. Sexual Activity means any physical contact of a sexual nature by one or more individuals;
1.22. Trained Service Animal means a guide dog or other certified service animal often identifiable by a harness or vest used principally to assist persons with sight or physical assistance, warning of seizures or other disabilities;
1.23. Vehicle means a motor vehicle and any vehicle drawn, propelled or driven by any kind of power including muscular power but excludes a child's wagon, a baby carriage, a child’s stroller, a wheelchair or similar device (motorized or otherwise) used by an individual due to a disability, or a motorized snow vehicle.
1.24. Washroom means any permanent or temporary structure or portion of a structure that contains toilets, or urinals and wash basins and which is owned, leased or operated by the City.

2. By-law application and administration

2.1. By-law applicability
This by-law applies to all recreation areas, parks and any premises located therein which are under the control or management or joint management of the City, together with the avenues, boulevards, drives, streets and approaches thereto and connecting the same.”
2.2. Emergency - maintenance vehicles – excepted
Notwithstanding any provision of this by-law, vehicles operated on behalf of an ambulance service, fire department, police department, Hydro One and the City, shall have full access to all parts of a park and/or a recreation area at all times where such access is possible.
2.3. In Line Skating and Skateboarding
The Director, Operations may prohibit in-line skating or skateboarding in any park or recreation area, and shall direct that signs be posted prohibiting such activity.

3. General prohibited activities

3.1. Activities - prohibited
In any park or recreation area within the City, no person shall:
3.1.1. drive, ride or operate any vehicle or carry on in-line skating upon a roadway in any direction other than the direction indicated on posted signs;
3.1.2. drive, ride or operate a vehicle including skateboarding or carry on in-line skating in violation of posted signs;
3.1.3. operate any vehicle including skateboarding or carry on in-line skating at a rate of speed in excess of the posted speed limit or in excess of 10 kilometres per hour in unposted areas;
3.1.4. drive, ride or operate any motor vehicle, e-scooter or horse drawn conveyance on a multi-use pathway;
3.1.5. drive, ride or operate a bicycle, e-bike, motor vehicle, skateboard or carry on in-line skating on a hiking trail;
3.1.6. operate a motor vehicle except on a roadway or in an authorized parking area;
3.1.7. park a motor vehicle in a place other than an authorized parking area;
3.1.8. drive, operate, park, or leave unattended a motor vehicle in any part of a park or recreation area between 10:00 p.m. and 6 a.m. of the following day except at times where the Director, Operations has authorized use of the park or recreation area beyond 10:00 p.m.;
a. remain in the park upon completion of an activity as a participant or spectator no more than (1) on hour after the end of any function;
3.1.9. engage in riotous, boisterous, violent, threatening, or illegal conduct or use profane or abusive language, including:
a. making any verbal comments or physical gestures, about or toward anyone that could reasonably be considered to be offensive, derogatory or abusive;
b. making noise likely to disturb any inhabitant or interfere with the enjoyment of the park through the use of electronic equipment or any other means;
c. urinating or defecating except in a designated washroom facility;
3.1.10. engage in conduct that endangers the health and safety of himself, herself or others;
3.1.11. paint likeness, take pictures, record video or record audio of any persons without the consent of the person, or, where the person is a minor, without consent of a parent or legal guardian, in instances where a public complaint has been received regarding such activity;
3.1.12. engage in any sexual activity;
3.1.13. remain in a recreation area or park for the purpose of or appearance of loitering;
3.1.14. hold or take part in an unauthorized public meeting or gathering;
3.1.15. play or practice golf or strike any golf ball by any means whatsoever in an area not designated for such activities;
3.1.16. enter or remain in a recreation area or park between 10:00 p.m. and 6:00 a.m., except that a person may enter or remain in a park during the times the Director, Operations has authorized use of the recreation area or park beyond 10:00 p.m.;
3.1.17. operate a motorized snow vehicle;
3.1.18. climb, break, peel bark from, cut, remove, burn, deface or otherwise damage any tree, shrub or bush, or pick, destroy or remove any flower, plant, roots, grass or rock;
3.1.19. cause or permit any animal under their control or ownership to damage any tree, shrub, bush, flower, plant or roots;
3.1.20. post any sign or poster on any tree, bush, or shrub;
3.1.21. remove, break, deface, or otherwise damage any monument, display, cage, pen, gate, seat, bench, picnic table, fence, posted sign, lock, barrier or any other equipment of the City located therein;
3.1.22. fail to deposit refuse in containers provided or if containers are not provided fail to remove refuse from park or recreation area;
3.1.23. fail to remove any utensils, equipment or articles taken into an area designated for picnics;
3.1.24. cause or permit any animal under their control or ownership to swim in or enter into or foul any swimming or wading pool or splash pad intended for human use only;
3.1.25. walk on grass in area where a sign is posted prohibiting such activity;
3.1.26. hinder or obstruct, or attempt to hinder or obstruct, any person exercising or performing a duty under this by-law;
3.1.27. loiter in any washroom or change room, or engage in conduct that could reasonably be considered to be offensive;
3.1.28. permit a dog under their ownership or control to run at large except in a designated leash free area;
3.1.29. fail to remove and dispose of excrement of a dog under their ownership or control;
3.1.30. interfere with a picnic, organized gathering or special event authorized by a City-issued permit or rental agreement;
3.1.31. move park furniture from one area to another area to accommodate their picnic, organized gathering or special event;
3.2. Wheel chairs excepted
Despite any regulation in this by-law restricting the use of motor vehicles in parks, and for greater certainty only, a wheelchair or similar device (motorized or otherwise) used by an individual due to a disability may be used in all areas of parks including all multi-use pathways and the accessible portions of hiking trails.

4. Activities - subject to approval

Unless authorized by the Director, Operations, no person shall engage in any of the following activities in a park or recreation area:
4.1. start or maintain a fire;
4.2. use a sports field for any game or practice;
4.3. erect a tent or shelter, or park a trailer of any kind for overnight accommodation;
4.4. hold or take part in a picnic, organized gathering or event of more than twenty five persons;
4.5. post any sign or poster on any pole, planter, building, fence, bench, picnic table, electrical transmission unit, lamp standard, or Ontario Hydro equipment of any kind;
4.6. sell refreshments or other merchandise to the public;
4.7. operate any business, game, show or amusement for admission by the public;
4.8. solicit funds for any charities, organizations or individuals of any kind;

5. Special prohibitions

5.1. Special prohibitions – applicability
The special prohibitions in this Part are in addition to any applicable general prohibitions in Section 3 of this by-law.

6. Enforcement

6.1. Recreation Area Permit Holders
Holders of permits for recreation areas shall be responsible to ensure that all applicable provisions of this by-law are upheld.

7. Offence and penalties

7.1. Any person who contravenes any provision of this By-law shall be liable to pay the City an Administrative Monetary Penalty, upon issuance of a penalty notice in accordance with the City of Clarence-Rockland Administrative Monetary Penalties System (AMPS) By-law, as may be amended from time to time.
7.2. Any person who contravenes any provisions of this by-law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offences Act, R.S.O. 1990, Chapter P.33 and amendments thereto;
7.3. Each day that a person contravenes with the provisions of this By-law, may constitute a separate offence.

8. Severability

8.1. If any provision or part of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal, inoperative, or ultra vires, in whole or in part, or inoperative in particular circumstances, the balance of the By-law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect.

9. Order Prohibiting

9.1. When a person has been convicted of an offence under the provisions of this By-law, any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act by person convicted directed towards the continuation or repetition of the offence.

10. Short title

10.1. This by-law may be referred to “Parks and Recreation Area By-Law”.

11. Amended

11.1. That By-Law No. 2022-33 be amended in order to add Schedule A-7, being the Administrative Monetary Penalty System (AMPS) Penalty Schedule for Parks and Recreation Area By-Law.

12. Repeal

12.1. That By-law 2010-36 is hereby repealed on the date this By-law comes in force and effect.

13. Effective date

13.1. This By-law shall come into force and effect on July 18th, 2022.
Read, passed, and adopted in open council this 6th day of July 2022.

Mario Zanth, Mayor

Monique Ouellet, Clerk

11.4    The Treasurer shall maintain a record of all lands and cash-in-lieu received including all expenditures from the cash-in-lieu of parkland reserve fund and shall present this information to Council in the form of an annual financial statement which shall be made available to the public.

11.5     The statement required under section 13.4 shall include, for the preceding year:

(a)      Statements of the opening and closing balances of the special account and of the transactions relating to the account;

(b)       Statements identifying:

1. Any land or machinery acquired during the year with funds from the special account;
   1. Any building erected, improved or repaired during the year with funds from the special account;
   2. Details of the amounts spent; and
      1. For each asset mentioned in subclauses i and ii, the manner in which any capital cost not funded from the special account was or will be funded; and

(c)       Any other information that is prescribed.

11.6     Council may, by resolution, vary any of the requirements for parkland dedication or payment in lieu thereof set out in this By­ law.

11.7     Should any section or part of this by-law be declared or determined by a court or tribunal of competent jurisdiction to be invalid that portion of this by-law shall be considered to be severed from the balance of this by-law, which will continue to operate in full force and effect.

Read, passed and adopted by council, this 23rd day of May 2018.

Guy Desjardins, Mayor

Monique Ouellet, Clerk

Whereas Section 8 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipality shall be interpreted broadly so as to confer broad authority on municipalities,

a)    To enable them to govern their affairs as they consider appropriate; and

b)    To enhance their ability to respond to municipal issues;

And whereas Section 11(3) of the Municipal Act, 2001, provides that the Corporation of the City of Clarence-Rockland may pass by-laws with respect to the use of its highways and matters concerning drainage;

And whereas Section 391(1) of the Municipal Act, 2001, as amended, provides that without limiting sections 9, 10 and 11, those sections authorise the Corporation of the City of Clarence-Rockland to impose fees or charges on person, for

a)    Services or activities provided or done by or on behalf of it;

b)    Costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and

c)     The use of its property including property under its control.

And whereas Section 27 (1) of the Municipal Act, 2001, as amended, authorises the Corporation of the City of Clarence-Rockland to pass by-laws in respect of a highway under its jurisdiction;

And whereas Section 446 of the Municipal Act, 2001, as amended, provides that, where the Corporation of the City of Clarence-Rockland has the authority under the Act or under a By-law under the Act to direct or require a person to do a matter or thing, the Corporation may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person’s expense, and the Corporation may recover the costs of doing such matter or thing by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes;

And whereas Council deems it expedient to regulate the construction of entrances upon any City road forming part of the roads’ system of the Corporation of City of Clarence-Rockland;

And whereas Council deems it expedient to prohibit the obstruction of drainage ditches, watercourses and other water outlets within the Corporation of the City of Clarence-Rockland as follows:

Now therefore be it enacted by the Council of the Corporation of the City of Clarence-Rockland that:

1. In this By-Law:

1.1  “entrance” means any driveway, laneway, private road, entrance or other structure or facility constructed or used as a mean of access and/or egress to and/or from a highway under the jurisdiction of the Corporation, herein defined as a City Road;

1 .2 “front yard ditch filling” means the tiling and covering or filling in, of a City roadside ditch, in front of the property for the purpose of improving a lawn or other frontage;

1.3  “Corporation” or “City” means the Corporation of the City of Clarence-Rockland;

1.4 “applicant” means any person, group or corporate body who applies to the Corporation for permission to construct an entrance or a front yard ditch filling;

1.5  “Director” means the Director of Infrastructure and Planning of the Corporation of the City of Clarence-Rockland appointed to administer and manage the provisions of this by-law and includes his authorized subordinates and assistants.

1.6 “Local Collector” means Maisonneuve Road, Baseline Road (from Canaan Road to Joanisse Road and St-Jean Street to Landry Road), Canaan Road (from Vinette Road to Baseline Road) and Vinette Road (from Joanisse Road to Bouvier Road).

Classification of Entrances:

2.1  “Public Entrance” means an entrance opening onto a City road from a public road, street or highway or other thoroughfare, maintained by a municipality or other authority;

2.2 “Residential Entrance” means an entrance opening onto a City Road from one or more residential dwelling units where there is no common parking area;

2.3  “Commercial Entrance” means an entrance opening onto a City Road from a property used for commercial, industrial or institutional use or a combination thereof and includes residential properties such as apartments, townhouse developments and other multiple dwelling unit developments having common parking areas;

2.4 “Farm Entrance” means an entrance opening onto a City Road from a farm or other agricultural use, primarily for access to barns and outbuildings;

2.5 “Field Entrance” means an opening onto a City Road from a field or bush forming part of a farm.  It shall be used only for the passage of animals and for agricultural related activities, but not for access to buildings of any type;

2.6  “Field Entrance for crop harvesting” means an opening onto a City Road from a field forming part of a farm.  It shall be used only for the purpose of harvesting crops, but not for access to buildings of any type;

2.7  “Temporary Entrance” means an entrance that will be used for a limited period of time to permit construction or other short term access.

3. No person, group or corporate body shall undertake to construct, alter or change an entrance or the use of an entrance or shall proceed with the filling or alteration of a front yard ditch adjacent to a City Road, until he has obtained a permit issued from the Corporation and paid the prescribed fees.

4. Each application for a permit shall be made on the form provided by the Director.

5. The installation permit shall be issued on behalf of the Corporation by the Director subject to the terms and conditions provided herein and shall be valid only upon the completion of the terms and conditions contained therein.

6. The cost of construction or alteration of all entrances or front yard ditch filling, including the construction of catch basins, curbs, gutters, sidewalks, islands, granular, pipes, vegetation or other necessary appurtenances shall be borne entirely by the applicant.

7. Every application for a permit shall be subject to a fee and shall be accompanied by a security deposit, as set out in Schedule “A”. No permit shall be issued until the required security has been deposited and the fee has been paid.  No fee paid for a permit shall be refunded.  If the Director is satisfied that all the requirements of the permits have been met, the applicant’s security deposit will be returned.  In the event that a permit is not approved by the City for issuance, the security deposit is refundable.

8. In the event that an entrance or front yard ditch filling has not been constructed or installed in accordance with the permit, it shall be removed by the applicant upon written direction issued by the City.  Failure to do so will result in the removal by the City at the expense of the applicant, all subject to the enforcement provisions of this By-Law.  All costs incurred by the City shall be paid by the applicant and may be drawn from the security deposit deposited at the time of the permit issuance.

9. Each application for a permit shall be accompanied by proof of ownership of the subject property, in a form satisfactory to the Director and shall provide and maintain Comprehensive/ Commercial General Liability insurance acceptable to the Corporation and subject to limits specified in Schedule “E”.

10. In order to do the works, the permit holder shall hire a “competent person” as defined under the Occupational Health and Safety Act and shall submit a Traffic Control Plan to the Director.  No works shall occur until such time as the Director has approved of the Traffic Control Plan.      

11. Where the applicant wishes to construct an entrance, the Director shall determine the size, location and mode of construction of the culvert, bridge, pipe or other structure to be used in the construction of an entrance and he shall state these requirements and any other special provisions he deems necessary on the permit issued to the applicant.

12. Where the applicant wishes to construct a front yard ditch filling, the Director shall determine the size, location and mode of construction of the culvert, bridge, pipe or other structure to be used in the construction of a front yard ditch filling and he shall state these requirements and any other special provision he deems necessary on the permit issued to the applicant.

13. No person shall obstruct any ditch, drain, watercourse or culvert either situated on or adjacent to a City road or any ditch, drain, watercourse or culvert providing an outlet for water discharged from a City road.

14. Any person found to be obstructing a drain, ditch, watercourse or culvert, shall, when requested by the Director to do so, remove the obstruction within such time as is reasonable having regards to all circumstances but, in any event, within twenty-four (24) hours, and in default thereof, same shall be done by the Corporation at the person’s expense as provided in Section 446(1) of the Municipal Act, 2001, S.O., 2001, Chapter 25, as amended.

15. Each entrance or front yard ditch filling on to a City Road must be designed, constructed and maintained in a manner that will prevent surface water from adjoining properties being discharged via the entrance on to the travelled portion of the City Road.

Restrictions regarding location of entrances

16. An entrance will not be permitted in a location that in the opinion of the Director would cause a traffic hazard.

17. A Residential Entrance, Agricultural Entrance or Field Entrance may be refused if it fails to meet all of the minimum requirements listed in Schedule “B”.

18. A Commercial Entrance may be refused if it fails to meet all of the minimum requirements listed in Schedule “B”.

19. Subject to the unfettered discretion of the Director, a maximum of one entrance may be approved for each existing lot of record.  A second entrance shall not be permitted unless it is an auxiliary Field entrance, an auxiliary Farm entrance or an auxiliary Field entrance for crop harvesting used solely for agricultural purposes or is replacing an existing entrance which is not an auxiliary field entrance and meets all of the requirements listed in Schedule “B”.

20. No new (additional) entrance permits shall be granted to existing lots of record which have an existing approved entrance whether shared or otherwise onto a City Road.  Should a lot of record have more than one existing entrance, the Director, in its sole discretion, reserves the right to eliminate as many entrances as required in order to comply with the provisions of this By-law and the owner  shall be required to apply for a permit to remove such entrance(s).

21. Subject to the unfettered discretion of the Director, no new entrance for lots of record or severed lots shall be permitted on a City road where the average minimum spacing is less than those established in Schedule “B”.

22. Where it is not possible to meet a minimum spacing between adjacent entrances as noted in this by-law, a shared mutual entrance may be granted.  A shared mutual entrance shall straddle the shared mutual property line between the two land parcels.  If a property cannot be serviced by a shared mutual entrance, approval of an entrance will be denied.

23. A new entrance may be permitted for existing lots of record where no entrance has previously been provided, subject to the provisions of this By-Law.

24. A new entrance may be permitted where such a new entrance would replace an existing entrance and would establish superior entrance standards over existing conditions.

25. When an entrance is to be changed or altered or where the property is used for any purpose other than its original use, a permit shall be required and the installation must comply and be subject to all of the provisions set out in this by-law including but not limited to the standards established in Schedule “B”. 

 Maintenance

26. Property owners having access to a City Road are solely responsible for the maintenance and replacement of the access including but not limited to the removal of snow and ice, shoulder gravel and winter sand, keeping the portion of the access within the right-of-way in a safe condition for vehicular traffic.  Such property owner shall ensure the replacement of all portions of the access as and when necessary.  A culvert pipe or any other structure installed under the terms of this by-law shall be the property of the property owner  and all subsequent maintenance, repairs, alterations, replacements, etc., shall be the responsibility of the property owner.

27. Any existing entrance or any entrance installed under the terms of this by-law shall be the property of the property owner upon acceptance of the work and all subsequent maintenance, repairs, alterations, replacements, surface repairs etc., shall be the responsibility of the property owner.  The applicant or his successor shall maintain and replace from time to time, as required, any works installed under the provisions of this By-Law and installed prior to the passing of this By-Law.

28. Any existing front yard ditch filling or any front yard ditch filling installed under the terms of this by-law shall be the property of the property owner upon acceptance of the work and all subsequent maintenance, repairs, alterations, surface repairs etc., shall be the responsibility of the property owner.  The property owner shall maintain and replace from time to time, as required, any works installed under the provisions of this By-Law and works installed prior to the passing of this By-Law.

29. Head walls, retaining walls or structures (ie pillars, timber/railway tie/ block/ stone/ brick walls or any other type of material) at culverts shall not be permitted within the City road allowance.  These shall be removed by the applicant upon written direction issued by the Director.  The Public Works Department shall not be responsible for replacing any structures connected with any entrance while doing any maintenance work within the road allowance.

30. Curbing shall be permitted for commercial and/or urban entrances provided it conforms to the Ontario Provincial Standard Drawings and Specifications.

31. Where an existing entrance or any ditch infilling pipe works is affected solely by the reconstruction of a City Road or the reconstruction or cleaning of a ditch, the City shall reinstate, at the City’s cost, the affected entrance and ditch infilling pipe when the reconstruction of the entrance or the cleaning or reconstruction of the ditch is required by the City or for City purposes.  Any original materials of construction salvaged shall remain the property of the City.

32. The City shall maintain the authority to relocate/close any entrance that does not comply with any section of the by-law.

33. Temporary Entrances

33.1 Notwithstanding the provisions of this by-law, Temporary Entrances may be permitted by the Director. The Director shall specify the mode of construction, establish the standards and specifications of construction and establish the time period the Temporary Entrance shall be permitted to exist.

33.2 If at the end of the specified time period for which a Temporary Entrance installation permit was issued, the said permit is not renewed by the Director, or the structure of the entrance removed, the applicant to which the permit was issued shall be deemed to be causing an obstruction and the provisions of this by-law shall be applied.

34. Time Limit

The construction of an entrance or a front yard ditch filling, in accordance with the specifications established in this By-Law, shall be completed within six (6) months from the date of issuance of the installation permit. The Director may, upon application, renew or extend any permit issued under this By-Law, at no charge to the applicant, if it is deemed appropriate by the Director, in his sole discretion. 

35. The City reserves the right to refuse approval of any application or remove an existing entrance should it be determined that any one of the objectives or requirements of the By-Law is or will be compromised as determined at the sole discretion of the Director.

Appeal of refusal of entrance 

36. Entrance applications that do not conform to this By-law shall be denied and the applicant shall be so informed in writing within five days of the Director’s decision.  The applicant’s security deposit shall also be returned at this time.  A person who wishes to appeal a decision of the Director made pursuant to this By-law may appeal the Director’s decision in accordance with the following:

a) An application for an appeal shall be made to the Director and shall be accompanied by an administrative fee of $500.00 for each denied application under the provisions of this By-law; said fee is non-refundable.

b) City Council (or a Committee to whom this function has been delegated) shall, within a reasonable time after receiving an application for an appeal, hold a hearing at a place and time determined by City Council in order to allow the applicant an opportunity to make representations.  A written summary of the applicant’s presentation to the Committee or Council must be submitted to the Director no less than ten business days before the date of the hearing.  The applicant’s summary shall be distributed to City Council (or the applicable committee).  The applicant’s verbal presentation to City Council (or the applicable committee) shall be no longer than ten minutes.

c)Should the applicant’s appeal be granted, the original application fee ($200.00) shall be waived or returned, however, the applicant will have to re-submit the security deposit as specified in Schedule “A” of this by-law.

Remedial Action

37. Every person who fails to comply with the requirements set out in this By-law, shall by the date specified within any notice by the City, take all necessary steps to comply.

38. In the event that a person fails to comply with the notice provided by the City, the City may do the work at the expense of the owner by adding the costs incurred by the City to the tax roll for that property and collecting them in the same manner as taxes.

Offence and Penalty Provisions

39. Any person who contravenes the provisions of this By-law is guilty of an offence and, upon conviction, is subject to a fine as provided in the Provincial Offences Act and to any other applicable penalties.

40. If this By-law is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted.

41. Each day of default by the owner in complying with any of the provisions of this By-law shall constitute a separate offence.

42. This By-Law is subject to and in furtherance of The Drainage Act, R.S.O., 1990, Chapter D.17 as amended.

Indemnification

43. The applicant (being the owner and/or contractor as the case may be) shall defend, indemnify and save harmless the City, its elected officials, officers, employees and agents from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever, including but not limited to bodily injury, sickness, disease or death or to damage to or destruction of tangible property  including loss of revenue or incurred expense resulting from disruption of service, arising out of or allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of the Supplier, its directors, officers, employees, agents, contractors and subcontractors, or any of them, in connection with or in any way related to the performance of work pursuant to this By-law and any permit issued by the City thereunder.  This indemnity shall be in addition to and not in lieu of any insurance to be provided by the applicant in accordance with this By-law, and shall survive completion of the works.

44. The applicant agrees to defend, indemnify and save harmless the City and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever arising out of or related to the contractor’s status with WSIB. This indemnity shall be in addition to and not in lieu of any proof of WSIB status and compliance to be provided by the contractor in accordance with this By-law, and shall survive the completion of the works.

Validity

45. If a court of competent jurisdiction declares any provision, or any part of a provision, of this by-law to be invalid, or to be of no force and effect, it is the intention of Council in enacting this by-law that each and every provision of this bylaw authorized by law be applied and enforced in accordance with its terms to the extent possible according to law.

46. By-Law Number 2005-84 is hereby repealed.

Read and passed in open council this 3rd day of April, 2017.

Guy Desjardins, Mayor

Monique Ouellet, Clerk

PART I – INTERPRETATION

1. RULES OF PROCEDURE – (SUSPENSION OF)

2. DEFINITIONS

PART II – DUTIES OF THE MAYOR

3. MAYOR’S DUTIES

4. PARTICIPATION OF THE MAYOR IN DEBATE

PART III – DUTIES OF A MEMBER OF COUNCIL

5. COUNCIL MEMBERS’ DUTIES

PART IV – FOLLOWING AN ELECTION

6. ORIENTATION SESSION

7. INAUGURAL MEETING

8. AGENDA - INAUGURAL MEETING

PART V – COUNCIL

9. REGULAR MEETINGS

10. SPECIAL MEETINGS

11. EMERGENCY MEETING

12. PLACE OF MEETING

13. CANCELLATION OF MEETINGS

14. SEATING AT THE COUNCIL TABLE

15. MEETINGS OPEN TO PUBLIC

16. CLOSED MEETINGS

17. PROCEDURE – CLOSED MEETING

18. COMMENCEMENT OF MEETING

19. ABSENCE OF THE MAYOR OR REFUSAL OF THE MAYOR TO PRESIDE

20. NO QUORUM AT BEGINNING OF THE MEETING

21. UNFINISHED BUSINESS – QUORUM LOST

22. CURFEW

23. COUNCIL CHAMBERS

24. LEAVING CHAMBERS ON ADJOURNMENT

PART VI – ORDER OF PROCEEDINGS – AGENDA AND MINUTES

25. COUNCIL MEETING AGENDA

26. PREPARATION AND PUBLISHING OF THE AGENDA

27. MINUTES

28. DELEGATIONS

29. RULES OF ORDER AND DECORUM

PART VII – RULES OF CONDUCT AND DEBATE

30. ADDRESS THE MAYOR

31. ORDER OF SPEAKING

32. CONDUCT OF MEMBERS

33. PRIVILEGE

34. POINTS OF ORDER

35. MEMBERS SPEAKING

36. MOTION READ

37. TIME LIMITED

38. MOTION PUT – NO FURTHER DEBATE

PART VIII – VOTING DURING COUNCIL MEETINGS

39. SECRET BALLOT

40. ALL MEMBERS VOTE

41. UNRECORDED VOTE

42. DIVISION OF THE MOTION

43. RECORDED VOTE

44. DISPUTING VOTE

45. TIE VOTE

46. VOTING

47. TWO-THIRDS VOTE

48. DISCLOSURES OF PECUNIARY INTEREST

PART IX – COMMITTEE OF THE WHOLE

49. PROCEDURE

PART X – RESOLUTIONS AND MOTIONS

50. READING

51. REQUEST FOR PERMISSION TO WITHDRAW OR MODIFY A MOTION

52. NO DEBATE UNTIL READ

53. MOTIONS RULED OUT OF ORDER

54. MOTIONS

55. ORDER OF CONSIDERATION

56. POSTPONE INDEFINITELY

57. AMENDMENT

58. MOTION TO REFER

59. MOTION TO POSTPONE (DEFER) TO A CERTAIN TIME