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HomeMy Public PortalAbout23-059 - By-law to Amend Administrative Monetary Penalty By-lawTHE CORPORATION OF THE TOWNSHIP OF-" LEEDS AND THE THOUSAND ISLANDS BY-LAW NO. 23-059 BEING A BY-LAW TO AMEND ADMINISTRATIVE MONETARY PENALTY BY-LAW 22-044 FOR THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS TO ADD PROVISIONS FOR ENFORCEMENT OF PARKING INFRACTIONS AND UPDATE SCHEDULE C, TABLES 1 THROUGH 4 TO IMPLEMENT TIERED FINES FOR REPEAT OFFICES AND INCREASE FINES FOR NOISE VIOLATIONS. WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that the powers of a Township shall be interpreted broadly as to confer broad authority on a Township to enable it to govern its affairs as it considers appropriate, and enhance its ability to respond to municipal issues; AND WHEREAS section 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides for a Township to impose fees and charges on persons for services or activities it provides and for the use of its property; AND WHEREAS section 23.1 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended authorizes a Township to delegate its powers and duties; AND WHEREAS section 434.1 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that a Township may require a person to pay an Administrative Monetary Penalty if the Township is satisfied that the person has failed to comply with a by-law of the Township passed under the Municipal Act; AND WHEREAS the Province of Ontario adopted the "Administrative Penalties" regulation, 0. Reg 333/07 pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, as amended; AND WHEREAS the Council of The Corporation of the Township of Leeds and the Thousand Islands considers it desirable to have an Administrative Monetary Penalty By- law that sets out a process for all regulatory by-laws to which administrative monetary penalties may apply; AND WHEREAS on July 1 1, 2022, the Council of the Corporation of the Township of Leeds and the Thousand Islands Passed By-law 22-044 to promote compliance with its by-laws through a system of administrative penaltie; AND WHEREAS Council desires to amend By-law 22-044 to update the existing schedules to include tiered fines for repeat offences to designated by-laws; AND WHEREAS Council desires to amend By-law 22-044 to include provisions regarding the administration of Parking By-law infractions, amend Schedule A to add the Parking By- law as a designated by-law, and add a new Table 5 to establish fines for By-law 23-059 being a By-law to Regulate and Control Parking on Highways, in Parking Lots, and on Municipal Property under the Jurisdiction of the Township of Leeds and the Thousand Islands; NOW THEREFORE the Council of The Corporation of the Township of Leeds and the Thousand Islands hereby enacts as follows: 1. THAT By-law 22-044 be amended to add a new Section 14 PARKING BY-LAW as follows: 2. AND THAT the remaining sections of By-law 22-044 be renumbered accordingly; 3. AND THAT Section 6.1 Service of a Penalty Notice be amended to add a new subsection (e ) as follows: (e) when a copy is placed on or affixed to a persons vehicle. 4. AND THAT Schedule A to By-law 22-044 be amended to add By-law 23-059, Parking By-law as a designated by-law; 5. AND THAT Schedule A to this By-law be added as a new Table 5 to By-law 22- 044 Schedule C to establish a set fine schedule for By-law 23-059, Parking By-law; 6. AND THAT Schedule B to this By-law be added to replace Schedule C, Table 2, Designated By-law #22-047 Safe Properties By-law to add fines for sections 5(a)iv and 5(a)vi; 7. AND THAT Schedule C, Column 3 of Tables 1-4 be amended to add the title Tier One; 8. AND THAT Schedule C, Table 3, Designated By-law 22-049, Noise By-law be amended to increase the Tier One fine for all infractions from $150 to $200; 9. EFFECTIVE DATE This By-law shall come into force and take effect on the date of its passing. READ A FIRST AND SECOND TIME THIS 10TH DAY OF OCTOBER, 2023. READ A THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF OCTOBER, 2023. The Corporation of the Township of Leeds ar^ the TJ-iousand Islands / Terr/jTbddy, [Deputy Mayor rfl M.^.r^r] Megan Shannon, Clerk Schedule A to By-law 23-059 - A By-law to Amend Administrative Monetary Penalty By-law 22-044 TABLE 5: DESIGNATED BY-LAW #23-059 PARKING BY-LAW Item Column 1 Column 2 Column 3 Column 4 Short Form Wording Provision Creating or Defining Offence Voluntary Payment Payable within 15 Days Set Fine 1 Park or stop on highway with two-way traffic - right wheels more than 25 Centimeters from raised curb 4.1 (a) $25.00 $35.00 2 Park or stop on highway with two-way traffic - right wheels past shoulder of the road blocking sidewalk or foot path. No curb 4.1 (b) $25.00 $35.00 3 Park or stop on highway with one-way traffic - right wheels more than 25 Centimeters from raised curb 4.1 (c) $25.00 $35.00 4 Park or stop on highway with one-way traffic - right wheels past shoulder of the road blocking sidewalk or foot path 4.1 (d) $25.00 $35.00 5 Park or stop on highway or parking lot– obstruct Municipal Services 4.2 (b) $25.00 $35.00 6 Park or stop on highway - obstruct sidewalk or footpath 4.2 (c) $25.00 $35.00 7 Park or stop on highway - within 6 metres of pedestrian crosswalk or walkway 4.2 (d) $25.00 $35.00 8 Park or stop on highway from any excavation or obstruction in the roadway to impede free flow traffic 4.2 (e) $25.00 $35.00 9 Park or stop on the roadway side of any stopped or parked vehicle 4.2 (f) $25.00 $35.00 10 Park or stop on any bridge, elevated structure or with in any tunnel or underpass 4.2 (g) $25.00 $35.00 11 Park or stop to obstruct public or private driveway 4.2 (h) $25.00 $35.00 12 Park or stand within 3 metres of a fire hydrant 4.2 (i) N/A $100.00 13 Park or stand within 15 metres of a railroad crossing 4.2 (j) $25.00 $35.00 14 Park or stand on highway to obstruct traffic or pedestrians 4.2 (k) $25.00 $35.00 15 Park or stand on a boulevard 4.2 (l) $25.00 $35.00 16 Park or stand a vehicle on a highway for the purpose of sale 4.2 (m) $25.00 $35.00 17 Park or stand a vehicle on a highway for the purpose of repairing 4.2 (n) $25.00 $35.00 18 Park or stand a vehicle on a highway for the purpose of stripping a vehicle 4.2 (o) $25.00 $35.00 19 Park or stand a vehicle on a highway with 6 meters or less width 4.2 (p) $25.00 $35.00 20 Park a heavy vehicle exceeding 6 meters or a school bus on a highway at anytime 4.2 (q) $25.00 $35.00 Schedule A to By-law 23-059 - A By-law to Amend Administrative Monetary Penalty By-law 22-044 TABLE 5: DESIGNATED BY-LAW #23-059 PARKING BY-LAW Short Form Wording Provision Creating or Defining Offence Voluntary Payment Payable within 15 Days Set Fine Item Column 1 Column 2 Column 3 Column 4 23 Park 6 meters from an intersection 4.3 (c) $25.00 $35.00 24 Park with in 15 meters of fire hall on same side of street 4.3 (d) N/A $100.00 25 Park to interfere with formation of funeral procession 4.3 (e) $25.00 $35.00 26 Park within 15 meters of the termination of dead end street 4.3 (f) $25.00 $35.00 27 Park within a designated fire route 4.3 (g) N/A $100.00 28 Park exceeding time limit on posted sign 4.4 (a) $25.00 $35.00 29 Park, stand or park in an official loading zone 5.1 $25.00 $35.00 30 Park without approval on Township property 6 $25.00 $35.00 31 Park a heavy vehicle or trailer or commercial vehicle at an off street parking lot 7.1 $25.00 $35.00 32 Park derelict vehicle at a Municipal off street parking lot 7.2 $25.00 $35.00 33 Park to wash or repair in a Municipal off street parking lot 7.3 $25.00 $35.00 34 Park a heavy vehicle in residential zone 8 $25.00 $35.00 35 Park, stop or stand in an accessible parking space with no permit 9.1 N/A $100.00 36 Park on street - between 12:00 a.m. and 7:00 a.m. from December 1 - March 31st 11 $30.00 $40.00 Schedule B to By-law 23-059 - A By-law to Amend Administrative Monetary Penalty By-law 22-044 TABLE 2: DESIGNATED BY-LAW #22-047 SAFE PROPERTIES BY-LAW ITEM COLUMN 1 – BY-LAW REFERENCE COLUMN 2 – SHORT FORM WORDING COLUMN 3 – SET FINE Tier One 5(a)i Fail to keep property free of waste $150.00 5(a)ii Fail to keep property free of vermin and conditions that promote infestation $150.00 5(a)iii Fail to keep property free of long grass, brush, weeds and undergrowth $150.00 5(a)iv Fail to keep property free of wrecked, discarded, inoperative vehicle or machinery $150.00 5(a)v Fail to keep property free of scrap and junk $150.00 5(a)vi Fail to store building materials, lumber, or any other material safe from fire or risk of accident. $150.00 5(a)vii Property contains an unfenced pit, precipice, excavation, or deep water $300.00 5(a)viii Fail to safely store combustible, flammable, volatile, caustic, or explosive material $200.00 5(a)ix Fail to keep land clear of wrecked, discarded, dismantled or inoperative recreation equipment and furniture. $150.00 5(a)x Fail to keep property clear of refrigerators, stoves and freezers, or use for storage $150.00 5(a)xi Fail to keep lawns, hedges and shrubs trimmed and neat condition. $150.00 5(a)xii Fail to remove trees, brushes, and hedges which are dead or decayed from property $150.00 5(a)xiii Fail to remove garbage and debris from property on a regular basis $150.00 5(a)xiv Fail to maintain Roll off Service Bins by removing bins when work is completed or allowing garbage to overflow. $150.00 5(a)xv Fail to maintain compost heaps or compost bins $150.00 5(a)xvi Placing compost heaps or bins in the front, side yards or within drainage swale $150.00 5(a)xvii Fail to maintain compost bins to deter animals $150.00 Schedule B to By-law 23-059 - A By-law to Amend Administrative Monetary Penalty By-law 22-044 TABLE 2: DESIGNATED BY-LAW #22-047 SAFE PROPERTIES BY-LAW ITEM COLUMN 1 – BY-LAW REFERENCE COLUMN 2 – SHORT FORM WORDING COLUMN 3 – SET FINE Tier One 5(a)xix Fail to keep toys, bicycles, garden yard equipment clean and neat condition in the rear or interior side yard. $150.00 5(a)xx Fail to keep machinery or parts thereof, not associated with normal occupancy and immediate use of the property to remain in an exterior area. $150.00 5(a)xxi Fail to keep storage of material or operative equipment required for commercial operation in a neat and orderly fashion. $150.00 5(a)xxii Altering roof drains onto adjacent property or sanitary sewer $150.00 5(a)xxiii Allowing swimming pool water to be drained onto adjacent property or sanitary sewer $150.00 5(b)i Fail to keep Vacant lots free from garbage, long grass $150.00 5(b)ii Storage of debris, vehicles, equipment not specifically zoned to store $150.00 5(c)i Using land to store used motor vehicles for wrecking, dismantling or salvaging parts. $200.00