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Appointment of Bylaw Enforcement Officers Bylaw 572
CONSOLIDATED FOR PUBLIC CONVENIENCE
(Includes Amendments up to November 12, 1991)
The text of Appointment of Bylaw Enforcement Officers Bylaw 572 has been amended by the following
bylaws:
Bylaw 643 “Special Duties” (f); “Oath” Paragraph 6
VILLAGE OF OLIVER
BYLAW NO. 572
A Bylaw to provide for the appointment of Bylaw Enforcement Officers.
WHEREAS Council may pursuant to Section 29 of the Police Act appoint Bylaw
Enforcement Officers and specify their functions, duties, powers and immunities;
AND WHEREAS Council deems it expedient to establish portion(s) of Bylaw Enforcement
Officer(s) for the purposes of enforcing the municipality's bylaws;
AND WHEREAS Sections 308-312, 750 and 751 of the Municipal Act generally provide
for enforcement, offences and prosecutions of municipal bylaws;
THEREFORE the Council of the Village of Oliver in open meeting assembled,
ENACTS AS FOLLOWS:
INTERPRETATION
1. In this Bylaw unless the context otherwise requires: Bylaw means any adopted
enactment of Village Council, pursuant to powers delegated to it by the Legislature,
the intent of which is to regulate property and conduct of persons in a certain way
within the municipality.
Bylaw Enforcement Officer means a person or persons appointed from time-to-time by
resolution of Village Council pursuant to Section 29 of the Police Act, the purpose of
which is to enforce regulatory bylaws of the municipality.
APPOINTMENT
2. (a) Council hereby establishes the position(s) of Bylaw Enforcement
Officer(s).
(b) Council may from time-to-time appoint, by resolution, Bylaw
Enforcement Officer(s).
SPECIAL DUTIES
3. Without restricting the generality of Section 2, a Bylaw Enforcement Officer shall:
(a) Receive, attend and investigate complaints from the general public with regards
to alleged violations of bylaws;
(b) Carry out patrols of the Village to detect violations of bylaws and bring to the
attention of the violators, by way of either written or verbal warnings, that they
are liable for prosecution in respect of such violations;
(c) Where necessary, issue tickets, prepare necessary court documents for the laying
of an information and appear at court proceedings as required;
(d) Receive and handle general inquiries regarding bylaws of the Village and their
application; and
(e) Serve notices where required.2 -
(f) Acts as Licence Inspector in respect of Business Licensing and Commercial
Vehicle Licensing.
RIGHT OF ENTRY
4. A Bylaw Enforcement Officer may enter, at all reasonable times, on any property in the
Village subject to the regulations of Council, to ascertain whether the Village's
bylaws, resolutions, regulations or directions are being observed.
Amended by Bylaw 643
November 12, 1991
- 2 -
WARNING NOTICE AND ORDER
5. (a) For the purpose of informing any owner or occupier of real, private or personal
property within the Village of any violation of the bylaws of the Village by such
owner or occupier, a Bylaw Enforcement Officer may cause a notice of such
violation to be served on such owner or occupier and may in the same notice
require such owner or occupier to comply with the bylaws of the Village within a
specified period of time.
(b) Any notice authorized to be served on any person pursuant to this Bylaw shall
be deemed to be sufficiently served/delivered,
(i) if mailed by registered mail addressed to such person, at any government
post office in the Province of British Columbia and the notice shall be
deemed to be received by such person either when receipt of the registered
letter is acknowledged by him or when the registered letter is returned to the
Village by reason of such person refusing to accept delivery of same;
(ii) of delivered by hand to such person or deposited in a place usually reserved
for the reception of mail at such person's premises or affixed to a prominent
portion of such person's premises and the notice shall be deemed to have
been received by such person at the time of delivery, deposit or posting of
such notice.
(iii) by affixing such notice to such person's motor vehicle.
(c) Nothing herein shall be deemed as requiring the Village to issue and serve a Notice of
Violation of any of the bylaws of the Village on any person as a condition precedent
to the Village instituting legal proceedings in respect of the violation or causing
an information to be laid in respect thereof.
OATH
6. Every Bylaw Enforcement Officer, before assuming such position, shall take Oath of
Allegiance and Office in such form and manner as may be prescribed in the regulations
passed pursuant to Section 70 of the Police Act.
GRAMMATICAL
7. In this Bylaw the masculine includes the feminine and vice versa wherever the
context or the parties so require.
Amended by Bylaw 643
November 12, 1991
TITLE
- 3 -
8. This Bylaw may be cited for all purposes as "Oliver Bylaw Enforcement Bylaw No. 572,
1990".
Read a first, second, and third time on the 12th day of February , 1990.
Reconsidered and adopted on the 26th day of February, 1990 ____________________ ______________________
Mayor Clerk Registered in the office of the Inspector of Municipalities on the 12th day of April , 1990.