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HomeMy Public PortalAbout22-066 - Amendment to Schedule C - Administrative Monetary Penalty By-law• THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW NO. 22-066 BEING A BY-LAW TO AMEND BY-LAW 22-044, ADMINISTRATIVE MONETARY PENALTY BY-LAW, TO REPLACE SCHEDULE , SET FINE SCHEDULES 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.G. 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 section 434.2 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that an Administrative Monetary Penalty imposed by the Township on a person constitutes a debt of the person to the Township; AND WHEREAS the Province of Ontario adopted the "Administrative Penalties" regulation, O. 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 approved By-law 22-044, Administrative Monetary Penalty By-law on July 11, 2022; AND WHEREAS it has been noted that Schedule C of the By-law that establishes set fines is required to be amended to be consistent with the By-laws listed in Schedule A to the By- law. NOW THEREFORE the Council of The Corporation of the Township of Leeds and the Thousand Islands hereby enacts as follows: 1. That Schedule C to By-law 22-044 is deleted and replaced with a new Schedule C attached to this By-law as Schedule A. 2. This By-law shall come into force and take effect on the date of its passing. READ A FIRST AND SECOND TIME THIS 11TH DAY OF OCTOBER, 2022. READ A THIRD TIME AND FINALLY PASSED THIS 11TH DAY OF OCTOBER, 2022. The Corporation of the Township of Leeds and the Thousand Islands Corinna Smith-Gatcke, Mayor -1:11 Aout AA, Megan Shannon, Clerk SCHEDULE C TO BY-LAW 22-044 ADMINISTRATIVE PENALTY BY-LAW THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS SET FINE SCHEDULES The following tables set out the Designated By-laws, short form wording and the set penalty for each offence. TABLE 1: DESIGNATED BY-LAW #22-046 PROPERTY STANDARDS BY-LAW ITEM COLUMN 1 BY-LAW REFERENCE COLUMN 2 SHORT FORM WORDING COLUMN 3 SET FINE 1 4.1 Use or occupy a non-conforming property $300 2 4.2 Failure to maintain property $150 3 4.3 Failure to repair/ replace all systems, facilities to good working order. $150 4 4.4 Failure to suitably repair property $200 5 4.5 Failure to take immediate action to repair an unsafe condition $300 6 4.6 Failure to barricade dangerous condition $300 7 5.1 Appliances left in yard or used as storage $150 8 5.2a Appliances stored on porch not in working order $150 9 5.2b Appliances stored on porch equipped with self- locking device $150 10 5.2c Appliances stored on porch equipped with self- latching device $150 11 5.2d Appliances stored on porch not secured with a locking device $150 12 5.2e Appliances not used for its intended purpose $150 13 5.2f Appliances not locked when not in use $150 14 5.3.1 Failure to keep property clear of waste $150 15 5.3.2 Failure to keep property clear of machinery of parts thereof $150 16 5.3.3 Failure to keep property free from hazards $300 17 5.3.4 Failure to protect property with weather resistant material $150 18 5.3.5 Failure to fit property with properly sized windows and doors $150 19 5.4.1 Items and equipment not stored in a clean and orderly fashion $150 20 5.4.2 Garden and yard equipment not stored in the rear/interior side yard. $150 21 5.5 Salvage yard without properly sized fence $300 22 5.6 Failure to keep compost in neat condition $150 23 5.7.1 Compost heaps larger than 1 sq metre $150 24 5.7.2 Compost of food waste not in a commercial enclosed plastic container $150 25 7.3 Compost heaps or bins located in front yard or exterior side yard $150 26 5.8 Failure to repair or demolish damaged structure $300 27 5.9 Failure to follow repair or demolition requirements $300 28 5.10 Failure to keep structures clean of objectionable markings and defacement $100 TABLE 1: DESIGNATED BY-LAW #22-046 PROPERTY STANDARDS BY-LAW ITEM COLUMN 1 BY-LAW REFERENCE COLUMN 2 SHORT FORM WORDING COLUMN 3 SET FINE 29 5.12 Failure to prevent nuisance $300 30 5.12.1 Failure to prevent light into dwelling $150 31 5.12.2 Failure to prevent debris onto adjacent property $150 32 5.13 Warehousing and storage not maintained $150 33 5.14 Failure to erect fences around excavation $300 34 5.15 Failure to maintain drainage $300 35 5.16 Storage of fill exceeding the allowed time $150 36 5.17 Failure to neatly pile and secure wood $150 37 5.18 Improper storage of firewood $150 38 5.19.1 Failure to prevent excessive/recurrent ponding of storm water $150 39 5.19.2 Failure to prevent entrance of storm water into a building or structure $150 40 5.19.3 Impede the nature flow of surface water $150 41 5.19.4 Failure to keep catch basins and swales clear $150 42 5.20.1 Permit storm water to be directed into sewage system or across concrete surfaces $150 43 5.20.2 Permit roof drainage to be discharged within 1.5 metres from a foundation or structure $150 44 5.20.3 Permit roof drainage to cause damage to adjoining properties $200 45 5.20.4 Permit ponding of water, erosion of soil $200 46 5.21 Improper snow storage $200 47 5.22.1 5.22.2 Failure to maintain heritage attributes/character and structural integrity of all buildings $350 48 5.22.3 Replace or demolish heritage attribute $350 49 5.22.4 Improper heritage building repair $350 50 5.23.1 Failure to keep lawns and shrubs manicured $150 51 5.23.2 5.23.3 Failure to provide and maintain suitable ground cover $150 52 5.23.4 Failure to prevent soil erosion $200 53 5.23.5 Failure to promptly remove dead or damaged vegetation $150 54 5.23.6 Failure to prevent trees, brushes, and hedges from obstructing vehicular traffic $200 55 5.23.7 Property not in compliance with landscaping features $150 56 5.24.1 5.24.2 Failure to maintain sanitary sewage practices $300 57 5.25 Failure to remove or refinish damaged sign $150 58 5.26 Failure to remove sign within ascribed time frame $150 59 5.27 Erecting a sign without property owners’ permission $150 60 5.32 Failure to prevent the entry of unauthorized persons $300 61 5.33 Failure to secure a Vacant building $300 62 5.35 Failure to disconnect utilities on a vacant property $150 63 5.36.1 Failure to keep vacant property clean from refuse and debris $150 64 5.36.2 Failure to keep vacant lot free from vehicles, equipment and other materials $150 TABLE 1: DESIGNATED BY-LAW #22-046 PROPERTY STANDARDS BY-LAW ITEM COLUMN 1 BY-LAW REFERENCE COLUMN 2 SHORT FORM WORDING COLUMN 3 SET FINE 65 5.36.4 Failure to keep recurrent ponding of storm water $150 66 5.37.1 Unlicensed vehicle on property $150 67 5.37.2 Store or keep derelict vehicle $150 68 5.37.3 Failure to properly store operable equipment or parts $150 69 5.38 More than three inoperable vehicles on property $200 70 5.39 Failure to provide and maintain safe and clean walks, driveways, parking, and loading areas $150 71 5.40.2 Failure to maintain unimpeded access ways $300 72 5.41 Failure to provide waste receptacles $150 73 5.42 Failure to follow waste receptacle guidelines $100 74 5.43 Overflowing waste receptacle $300 75 5.44.1 Failure to empty dumpster or large bin $150 76 5.44.2 Bin on property for more than allowed time $150 77 6.3.1 Failure to keep interior free from vermin and insects $150 78 6.3.2 Failure to exterminate vermin and insects $200 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 1 5(a)i Failure to keep property free of waste $150 2 5(a)ii Failure to keep property free of vermin and conditions that promote infestation $150 3 5(a)iii Failure to keep property free of long grass, brush, weeds and undergrowth $150 4 5(a)iv Failure to keep property free of scrap and junk material $150 5 5(a)vii Property contains an unfenced pit, precipice, excavation, or deep water $300 6 5(a)viii Failure to safely store combustible, flammable, volatile, caustic, or explosive material $200 7 5(a)ix Failure to keep land clear of wrecked, discarded, dismantled or inoperative recreation equipment and furniture. $150 8 5(a)x Failure to keep property clear of refrigerators, stoves and freezers, or use for storage $150 9 5(a)xi Failure to keep lawns, hedges and shrubs trimmed and neat condition. $150 10 5(a)xii Failure to remove trees, brushes, and hedges which are dead or decayed from property $150 11 5(a)xiii Failure to remove garbage and debris from property on a regular basis $150 12 5(a)xiv Failure to maintain Roll off Service Bins by removing bins when work is completed or allowing garbage to over flow. $150 13 5(a)xv Failure to maintain compost heaps or compost bins $150 14 5(a)xvi Placing compost heaps or bins in the front, side yards or within drainage swale $150 15 5(a)xvii Failure to maintain compost bins to deter animals $150 16 5(a)xviii Failure to keep firewood piled neatly in rear yard. $150 17 5(a)xix Failure to keep toys, bicycles, garden yard equipment clean and neat condition in the rear or interior side yard. $150 18 5(a)xx Failure to keep machinery or parts thereof, other objects not associated with normal occupancy and immediate use of the property to remain in an exterior area. $150 19 5(a)xxi Failure to keep storage of material or operative equipment required for commercial operation in a neat and orderly fashion. $150 20 5(a)xxii Altering roof drains onto adjacent property or sanitary sewer $150 21 5(a)xxiii Allowing swimming pool water to be drained onto adjacent property or sanitary sewer $150 22 5(b)i Failure to keep Vacant lots free from garbage, long grass $150 23 5(b)ii Storage of debris, vehicles, equipment not specifically zoned to store $150 24 5(c)i Using land to store used motor vehicles for wrecking, dismantling or salvaging for parts. $200 TABLE 3: DESIGNATED BY-LAW #22-049 NOISE BY-LAW ITEM COLUMN 1 BY-LAW REFERENCE COLUMN 2 SHORT FORM WORDING COLUMN 3 SET FINE 1 Sched 1 Sect 1 Emit/cause/permit racing of any motor conveyance $150 2 Sched 1 Sect 2 Emit/cause/permit noise by operating a motor vehicle in a way that the tires squeal $150 3 Sched 1 Sect 3 Emit/cause/permit noise by operation of any combustion engine or pneumatic device without an effective exhaust or intake muffling device. $150 4 Sched 1 Sect 4 Operate an engine for a period exceeding five minutes while such vehicle is stationary. $150 5 Sched 1 Sect 5 Operate any item of construction equipment without an effective muffling device. $150 6 Sched 1 Sect 6 Operation of air conditioner, pool pump, heat pump ventilation or exhaust fan that is not in proper working order. $150 7 Sched 2 Sect 1 Cause/permit noise by operation of any auditory signaling device at a prohibited time. $150 8 Sched 2 Sect 2 Cause/permit the production, reproduction, or amplification of sound by electronic means at a prohibited time. $150 9 Sched 2 Sect 3 Cause/permit the selling or advertising by shouting or outcry or amplified sound. $150 10 Sched 2 Sect 4 Cause/permit the operation of any equipment in connection with construction including detonation of explosive devices. $150 11 Sched 2 Sect 5 Cause/permit the operation of any motor vehicle other than on a highway or other place intended for its operation. $150 12 Sched 2 Sect 6 Cause/permit persistent barking, calling, whining or other similar noise making by any domestic pet. $150 13 Sched 2 Sect 7 Cause/permit noise from the operation of any powered or non-powered tool for domestic purposes other than snow removal. $150 TABLE 4: DESIGNATED BY-LAW #22-048 LICENSING, REGULATING AND KEEPING OF CANINES BY-LAW ITEM COLUMN 1 BY-LAW REFERENCE COLUMN 2 SHORT FORM WORDING COLUMN 3 SET FINE 1 4.1 Failure to obtain dog license $125 2 4.6 Failure to affix license tag on dog $125 3 4.9 Keeping more than allotted number of dogs $250 4 5.1 Allow dog to become public nuisance $200 5 5.3 Failure to remove forthwith excrement left by dog $200 6 7.3c Failing to muzzle a dangerous dog $300 7 7.3a Failing to properly confine a dangerous dog with an appropriate fence $350 8 7.3b Failing to keep a dangerous dog under control of a competent Person when off owners premises $350 9 7.3d Failing to notify the Township of change in ownership/residence of a dangerous dog $200 10 7.3e Failing to notify the Township of a dangerous dog running at large/attacking a person/biting a person $500 11 7.3f Failure to display warning of a dangerous dog $200 12 7.6 Failure to comply with a restrain order $500 13 9.1 Allow a dog to run at large $150 14 9.2a Failure to keep a dog leashed $150 15 9.2b Failure to keep dog under control of capable person $150 16 10.2 Forcibly retrieve an animal from the Shelter/Officer $300 17 10.4 Retrieve dog from pound and fail to pay impound/outstanding fees or charges $200 18 10.5a Allow a dog to bite or attack a person or other domestic animal $300 19 10.5b Allow a dog to behave in a manner that poses a menace to safety $300 20 11.1 Failure to acquire Kennel license $300 21 11.2 Not residing on Kennel property $200 22 11.3 Failure to renew kennel license $300 23 11.6 Failure to produce license when requested $200 24 11.9b Sale of pups or money made from a hobby kennel $500 25 11.9c Keeping more than allotted dog for a hobby kennel $500 26 11.9d Failure to register dogs owned by hobby kennel to the Township $200 27 11.10e Failure to register a dog owned by Commercial kennel to the Township $200